CENTRAL CRIMINAL COURT.
SIDNEY, MAYOR ELEVENTH 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, September 18th, 1854.
Before Mr. Recorder and the First Jury.
MR. BODKIN conducted the Prosecution.
CHARLES COLLIER . I am a labouring man, employed at Mr. Burchett's brick field, at Isleworth. I know the three prisoners; they are labouring men like myself—last Whitsun Wednesday, at 6 o'clock in the evening, I was in the brick field, and could see the five cottages in Wood-lane—I heard a noise there, and saw a number of persons throwing things at the cottages, but I could not see what they were throwing, whether they were clods or bricks, as I was too far off—I saw one very large lump of brick thrown, about the size of six bricks; it struck the cottages, and I heard a smash of glass in the windows—I did not see the doors pulled down, but I saw them in the garden, and saw parties jumping on them—I was too far off to see whether that broke them, but I heard the noise of the wood breaking—about three quarters of an hour afterwards, when I went home from work, I went to look at the cottages, and found all the windows broken—I did not see any in—I saw the places where the doors had been; some of them were out—I went inside—I only saw one ceiling, and that was in the same state as when I lived in one of the cottages, eighteen months ago—some of the grates were pulled out—I saw the fragments of the windows and doors outside—I saw the prisoners among the people there, and I also saw Henry Mason, and Palmer, and Newman, and another man, named Browning—I have not seen them since—there were a great many besides them, I should think there were six and twenty.
Wednesday in Whitsun week I was out with my team, between 5 and 6 o'clock—I passed these cottages, and saw a number of people about throwing brick bats at the cottages—I only knew one of them, John Browning; not the prisoner Browning—the bricks were flying about pretty thick, one of them hit me on the foot—I only saw two people, but I heard some more—I was passing the end of the lane, not the front of the cottages—I stayed about a minute—I have not since seen either of the men whom I saw.
COURT. Q. Where were you when the brick hit you on the foot? A. Close to the door of one of the cottages; not in front of the cottages, but at the end—I was in Wood-lane, but did not turn up the turning.
GEORGE PITHERS . I am a carter, employed at Mr. Burchett's brick field. I live across a field, about 300 yards from the cottages on Mr. Burchett's premises—the cottages look across the field, and I can see the fronts of them from where I live—I had had an accident, and was lying on my bed; I was called up, looked from the window, and saw a disturbance going on at the cottages facing—I went back again, and was afterwards called again; I went down, went to the gap way, which is about 250 yards, or 200 as the crow flies, and saw a number of people running about, and making a strange rattle—I saw things which looked like bricks thrown at the cottages, but was not near enough to hear whether the glass rattled—I did not go nearer then, but I afterwards saw a lot of doors and windows broken up outside—I should think there might have been more than half a dozen people; I do not think there were a dozen—I saw three that I knew, Joseph Carter, Henry Mason, and Newman, but I cannot say hardly which of them threw anything, for they were running backwards and forwards—I did not see Carter do anything particular—Carter has worked there since, and I have seen Mason once or twice; I told the officers so when they came and asked me—they were not employed there at brick making; Mason has not been employed there since the job happened—I do not know whether they left their work, but I did not see them at it any more.
Carter. I have been at work there till I was taken. Witness. Yes; you did not go away, except at one time, and then you came back again.
SAMUEL ASHLEY . I am clerk to Mr. Burchett, of Isleworth, who has a brick field there. The prisoners and others were in his employment at the time this happened—I was there on this Wednesday, and heard a great noise and disturbance at the cottages; there were about two dozen persons throwing something heavy, but I could not see what, at the doors and windows—I saw them pick up things to throw, which appeared to be two or three bricks together—I heard the things strike the cottages, and heard a noise of breaking, a crash—I saw one man carrying a door on his back; he threw it down and stamped upon it, which broke in two of the panels—I saw a man named Mason there, whose father lived in one of the cottages—I did not see any of the people again till I saw Mason, about six weeks ago; he stopped a few minutes, or perhaps an hour or two—they all left their work, and ran away for some time, with the exception of Carter—I do not know whether the people living in the cottages were friends or relations of those who were knocking them about; they were all brick makers, or fellow workmen—an ejectment had been brought, and possession given, a few days before this—I saw George Tyler there among the rest, but was not near enough to see what he was doing—I do not know of either of the other prisoners being there at that time—I have since been over the cottages, and found all the window sashes out, the panes of glass were out of them, the grates were torn up, the banister railings were broken, some of
the doors were broken to pieces; I think one or two remained—the houses were rendered quite unfit for habitation—there was so much noise as to alarm the neighbours—the men all seemed to be doing the same.
Browning. Q. Did I go away from my work? A. No; you remained there up to the present time, and Carter returned afterwards.
HENRY JAMES REED . I am clerk to Davis and Campbell, solicitors. These cottages were the property of Mr. John Fish Connell; Mr. Henry Davis had entered into a contract to purchase them; an ejectment has been brought to recover possession—I have the proceedings here (produced)—they are dated June 5th, and this happened on the 7th—under this the people were removed, I believe, but I was not present.
Tyler's Defence. I was there standing in the lane when it was done.
Carter's Defence. I never did anything, I laid down in the garden, and was asleep a good while.
Browning's Defence. I was coming from work out of the field at the same time, and was coming down the lane, that is all I have to say; I have been at my work all the time.
COURT to GEORGE PITHERS. Q. Was Carter lying down or standing up? A. He was about among the others when I saw him—I was not near enough to see any one lying down.
NOT GUILTY .
(There were six other indictments charging the prisoners with violently assembling together, and pulling down certain houses; upon which MR. CLARKSON offered no evidence.)
PLEADED GUILTY . Aged 16.— Confined Two Months.
WRIGHT PLEADED GUILTY .* Aged 18.— Confined Six Months.
WOODS PLEADED GUILTY . Aged 14.— Judgment Respited.
(The prisoner Woods stated that he had no father, and that his mother could not afford to keep him.)
PLEADED GUILTY . Aged 20.— Confined Six Months.
CHARLES WOODMAN . I am a farmer, living at Ruislip, in Middlesex. The prisoner lives next door to me, the houses do not adjoin—my orchard is between them—I had a hayfork; I saw it last on 3rd July, between 7 and 8 o'clock at night, when I left work—I left it in the orchard; I laid it down among other stuff—I went into my orchard about 7 or 8 o'clock next morning and missed the fork—I wanted to use it, I had used it the evening before for hay making in the orchard—I had seen the prisoner on 3rd July—he came to my gate and asked me for a job of work; I did not give it to him—on the 13th the constable showed me the prongs of a fork which he had found.
FRANCIS GOUGH (policeman). I went to the prisoner's house and searched it—I found the prongs of a fork in a cupboard under the stairs—this is it—it was without a handle, it appeared as if it had been burned out of the
handle, there was some black upon the iron, it may be seen now—I had had some information about a fork being missing, and I took possession of it.
Prisoner. Q. Did not you find it on the top of an oven? A. No; I did not state at Uxbridge that I had found it on the top of a copper; I found it under the stairs.
CHARLES WOODMAN (re-examined). I know these to be the tynes of my hayfork—I have worked with it every summer for fourteen years—here are two little dots upon it which I know; I made them myself in turning it in the fire to put into the handle after it came from the blacksmith—I made those marks in it about two years ago—I am sure these are the prongs of my fork.
Prisoner. I do not say they may not be his tynes, but he lived in the house before I did, and he left them behind him in the coal hole. Witness. I did live in the house, and he came there after me, after the place had been repaired—I am sure I did not leave this in the house—I had used it on the evening of 3rd July.
Prisoner. He said if he could get an opportunity, even if he swore falsely, he would send me away. Witness. I never said any such thing—I never had any animosity against the lad.
Prisoner's Defence. The woman that has been living along with me saw these in the coal hole, and showed them to me; I said, "I dare say they belong to Charley Woodman, and if he makes any inquiry about them, let him have them; they were chucked up on the oven, and there they remained until Mr. Gough came.
SARAH LANGFORD . I lived with the prisoner as his wife—I am not married—I have been five months in the house—I do not remember in what month it was that we went there—when I went into the house I found these tynes in the coal hole—the prisoner was coming in with a bedstead, and I said to him, "Look here what I picked up in the coal hole"—he said, "Throw them down"—I threw them down, and when we had done moving in the things I put them up on the oven, at the corner of the fire place; there was no inquiry for them, I put them up there out of the way—I remember the constable coming to the house—they were then on the oven—I swear that—I was there when he searched the house—he did not find them in a cupboard under the stairs, he found them on the oven at the corner of the fire place—no wood had been burned off them—I mean to adhere to the statement that he found them on the oven, and not in the cupboard—a lot more rubbish laid there with it—there was only one fork there—this was of no use to me; if it had been inquired for I should have delivered it up to the person it belonged to.
FRANCIS GOUGH re-examined. I found the fork under the staircase, in a dark cupboard—I am quite sure of that, for I asked this woman for a light, she gave me a candle, and I pulled this out, and said, "Where did these come from?"—she said, "I know nothing at all about them; I did not know that they were in the house"—I was not looking for these; I was looking for something else, but I had heard that such things had been lost, and I brought them out.
CHARLES WOODMAN re-examined. I had another fork, but none that I left in the house—I have got it at home now—I have three forks altogether; two of them are at home now, and this is the third—one is larger than this, and the other is smaller—I never left one behind in the house.
(The prisoner was further charged with having been before convicted.)
the conviction of Joseph Irons, at this Court, in Nov. 1849, of larceny, and that he was sentenced to one month's imprisonment)—I was present at the trial—the prisoner is the man—I have known nothing of him since.
GUILTY.* Aged 21.— Confined Twelve Months.
BEAMES PLEADED GUILTY . Aged 16.— Judgment Respited.
GEORGE RUSSELL (City policeman, 34). I was on duty in King William-street on 21st Aug., about half past 11 o'clock in the day—I saw the prisoners at a picture shop window, near London-bridge—I saw Beames put his hand into a gentleman's pocket at the window—at that time he was closely covered by Shea, so as to prevent anybody from seeing what Beames was about—he did not get anything at that time—Shea touched Beames on the shoulder—I believe he saw me—they then walked away, and one crossed the road—one of them went towards London-bridge, and the other towards East Cheap—I was in plain clothes—I then crossed the road—I saw that Shea had returned and gone to Beames, and they had returned again to the shop window—I saw Shea look at several gentlemen's pockets, and then point to them to Beames—Beames directly went behind the gentlemen, and Shea was right behind him—I could not see exactly what they were doing at that time, because I was directly behind them—they then went towards East Cheap—I followed, and kept them in sight—at the corner of East Cheap I saw the prosecutor—he was going from London-bridge—I saw Shea look at the prosecutor's coat pocket, and touch Beames, and show Beames the pocket—Beames immediately stepped up to the gentleman—I got behind an omnibus—I saw him put his left hand to the bottom of the gentleman's pocket, and his right hand into his pocket, and take from it this handkerchief (producing it)—Shea was as close behind him as possible at the time—Beames put the handkerchief into his side pocket—I seized them both on the spot—I called the prosecutor—another officer came up, and we both took them to the station—I took the handkerchief from Beames's pocket—I found a handkerchief on Shea's neck, which Beames said that he (Shea) had stolen in Gracechurch-street, on the Saturday previous—Shea made no answer to that—I found this knife on Shea, and Beames said that Shea had stolen that knife that morning, and it belonged to little Davy—Shea did not make any answer—Beames said that Shea had made him a thief; that he was in place, and that Shea had come out of prison the Wednesday before, and took him out a thieving—Shea made no answer to that—there was a sort of recrimination going on at the time.
THOMAS CARNELL . I am a solicitor, living at Sevenoaks. I lost my handkerchief in Gracechurch-street, just by the corner of East Cheap—this produced is it—I was not aware of my loss until the officer called my attention to it—I saw him with the two prisoners in custody when I turned round.
Shea's Defence. I know nothing about it.
SHEA— GUILTY . Aged 18.*— Confined Twelve Months.
NEW COURT.—Monday, September 18th, 1854.
KENNEDY; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
MR. BALLANTINE conducted the Prosecution.
WILLIAM MATTHEWS . I live in Ormsby-street, Kingsland-road, and am employed in a gas factory at Haggerstone. In July, 1853, I became acquainted with the prisoner, who represented himself as nephew of a great Mr. Mead, in the East Indies—he afterwards showed me some letters; I do not know what has become of them—the first way he introduced himself to me was, he said he had large property left him by an uncle in the East Indies; that he had seen it in the paper, and he was to apply to a solicitor in Covent-garden; that he had ascertained that he had 300,000l. in the East India Company's hands, which he had become entitled to from the death of his uncle, who was an indigo grower or planter in the East Indies, and that he expected the money every day—he said he had had his pedigree made out and sent out by the East India Company—he wanted a little money, and he applied to me for assistance—I told him I could not assist him—he said if I could afford him a little assistance he would repay me—I lent him 5s., or 10s., or 12s. at a time—he had several sums—he called on me on 3rd Sept., and produced this letter—(read: "East India House, Leadenhall-street, London, 25th August, 1853. Sir,—I am directed by the Honourable Board of Directors to write to inform you that there is a warrant signed for you to call for the amount of 23,810l. I am, Sir, your most obedient, James Wassall, Secretary. To William Mead, Esq., 55, Margaret-street, Great Cambridge-street, Hackney-road")—I said I did not think Wassall was the secretary's name, as I had seen the secretary's name the night before, Melville—he said there were several secretaries, a secretary to each department—I believed that, and gave him some temporary relief—I think the whole that I let him have amounted to 11l. and some odd shillings; and in addition to that, I boarded and lodged him and his wife—I do not know what that cost—he was with me from 1st Dec. until 6th June—I boarded and lodged them, and found him in pocket money as far as I could afford—I received this letter from him—(read: "Half-past 2 o'clock, Oct. 4, 1853. My dear Mr. and Mrs. Matthews,—I have with much pleasure taken my pen in hand to inform you of the business of this day, which Mr. Thompson has now completed, and 304,910l. East India Stock is now mine all complete, and to-morrow morning, the 5th inst., I shall be duly registered in the Bank of England to that amount, and by 12 o'clock I can take it all out if I think proper—the process must go through the regular Bank forms—to-morrow they serve me with a notice upon Government to carry to Somerset House, which I must do, and register my name to that amount of property. I am now in full possession of which in a few days will come into the public newspapers, and in nine days from to-morrow I must enter my name in the Herald Office, and choose my herald out which I will take; so that is how I stand, to my pleasure and comfort. Bless God for carrying me through as he have done, and heart and mind to preserve myself without applying that infernial lawyers. As I was told this
day, I have been a wonder to thousands, gone through what I have done no one can tell both in body and mind, and unpleasantness at home because I could not command things as I wished, and I could not My dear Mr. and Mrs. Matthews,—You have acted in a most kind and benevolent manner to me and I feel it much, and so do Mrs. Mead; and you shall never be at the loss of a friend any more, and your two sons. I will do that for you that no one knows of but myself and you. I think I can spare it out of my money. To-morrow, please God, the East India Company, if I choose, will give me the full provition of the other, and take it on themselves if I choose; so that is how I stand with that. I am, my dear Mr. and Mrs. Matthews, yours most respectfully,—William Mead. To Mr. William Matthews, 26, Ormsby-street, Pearson-street, Hackney-road.")
Q. Did he get the money next day? A. No; he said he could not get his friends together—his particular friend was Captain Shepherd—I believed that he was entitled to a considerable amount of money—at first I was rather doubtful, but when I saw the letters I believed it-—seeing the letter from the East India House, I believed it—I parted with the money, and gave him the board and lodging, on that belief—my salary is 18s. a week—he has completely reduced me to beggary—I was obliged to part with every thing in the house, and he has got me out of two good societies that I was in—from one I was to have 1l. a week when I was ill, and 20l. when I was dead.
BENJAMIN GOODWIN I live at Camberwell-green. In June, 1848, I became acquainted with the prisoner; he called on me, and said his name was William Mead, and he had an uncle who had died in India—I asked how he knew that—he brought me the Times newspaper, in which was an advertisement saying, that if the next of kin of David Mead would call on a solicitor, who was named, they would hear of something to their advantage—he asked me to lend him some money to pay a solicitor to get this property—I let him have some money, about 250l. or 270l. in all—I believed that he was entitled to money which was in the East India Company's hands—this was a serious matter to me; I had to work hard for the money for many years—I believed the prisoner's representation, and I am sorry to say I parted with my money on that ground.
WILLIAM WELBY SMITH . I am a grocer, and live at Camberwell-green. The prisoner was a customer of mine, in 1848; for some time he paid me ready money—when he wanted me to give him credit, he produced the Times newspaper to me, and told me he was entitled to 200,000l.—I advanced him some money, but before I advanced it him, he showed me a letter, signed by Sir Matthew Marshall, and on the strength of that I advanced him 7l. or 8l.—he owed me money for goods—he owes me for goods and money about 18l.
HENRY HEED . I am a baker, of Kingsland-road. I knew the prisoner in 1852—he got about 7l. 10s. from me, on a representation that he had come into the possession of 300,000l., in the East Indies, which was in the hands of the Company.
Prisoner. I did not say it was in the hands of the Company; I said it was to come through the Company; it was only 6l. 15s. I had of you.
GEORGE COLLINGWOOD . I am a clerk in the ledger department of the East India House. I have searched the books from 1837 up to the present time—supposing a person was entitled to property passing through, or in the hands of, the East India Company, it would appear in the ledger, if it were in stock—I do not find the name of William Mead at all—there is no
person entitled to 300,000l.; the Company has no knowledge of the death of any person who has left that money to any one—I do not know any gentleman of the name of Wassall—there is no gentleman of that name who acts as secretary—the Company has no knowledge of any Mr. Mead, an indigo grower, who has died in India—300,000l. East India stock would be worth about 700,000l.—if any person were possessed of nearly a million of money, I must know it.
JOSEPH HUGGETT (policeman). I took the prisoner into custody for false representation at the Bank of England—I told him I had ascertained he had no money whatever—he said, "I know that very well; if Mr. Matthews will wait about a fortnight, he and every one else will have their money"—I found on him four halfpence—I inquired, and found he was a farm labourer, in Essex.
The Prisoner put in the following written Defence: "In Oct., 1843, an advertisement appeared in the Times, respecting the next of kin to Samuel Mead, of Bengal, and formerly of Stanstead, Suffolk; to this advertisement the defendant was induced to reply, being nephew to the said Samuel Mead; Joseph Fellows, of No. 13, Piccadilly, advised and assisted the defendant in tracing out the necessary pedigree, which was in due time sent out to Bengal, attested, and with the respective seals of the Hon. East India Company, City of London, and the Public Notary in Leicester-square, in May, 1844; the defendant's claim was admitted in 1845, by letters from India to the defendant, from Josiah Moul; the matter then lay dormant; in 1850 letters directed to the defendant from the Oriental Bank in Bengal were mislaid at the Post-office, in consequence of the defendant's change of domicile from Camberwell to Hackney; these letters were returned back to India from the Post-office in 1851; this fact the defendant ascertained from one Charles Pearce, a cousin of the defendant, who saw the name accidentally in the City, at the Post-office; the defendant had several interviews on this point with the secretary of the Post-office, Colonel Maberly, who informed the defendant that three days previous these said letters had been returned back to India; this was on or about the month of April; the defendant believes that the result of these letters being returned to India was, that the entire property was thrown into the Courts of Bengal by a process similar to the Court of Chancery in this country; since then the defendant has not heard anything further relative to his claim; the property in India was sold for 230,00l.; there is now six years interest due, and Mr. H. Brown holds a letter from Bengal to that effect; Samuel Mead was the paternal uncle to the defendant; he left one son, named David, who died without a will in 1843; Benjamin Albeonella, of Bengal, came over to this country on or about the month of May, 1844, to identify the defendant, which he did, and specified all the documents, &c., as correct, &c.; unfortunately for the defendant all the papers, vouchers, letters, &c., in this matter were placed in the safe keeping of one H. Brown, solicitor, No. 13, Union-court, Old Broad-street, who has absconded, and the defendant cannot by any means discover or learn the address of the said Brown; Sarah Ann Albeonella, cousin to the defendant's wife (born Harriet Pearce), willed the defendant's wife the sum of 550l. per year, in the French funds, by a will executed in Paris in the year 1844, and proved in March, 1845; this will the defendant expects daily from Paris, in order to produce; (the defendant can explain why this property has not been realized; there is now a sum of about 5,500l. due in Dec. next); in
the month of May, 1844, an advertisement was inserted in the Times by that Joseph Fellows, above named, on behalf of the defendant, to obtain for him a loan of 3,000l.; several money lenders replied to the advertisement, but no conclusion was come to with any; the said Joseph Fellows obtained from one Thomas Wilkinson (since a bankrupt), on or about June, 1844, the loan of 300l., for which the defendant was induced by the said Joseph Fellows to give a bond on the India property for 1,000l., but the defendant only received from the said Fellows the small sum of 87l. 14s., out of which sum he deducted the sum of 12l. for expenses, reducing this small amount to 75l. 14s.; the charge against the defendant is, that he cannot produce the documents relating to this matter, which he cannot do for the reason before stated; the prosecutor, Benjamin Goodwin, claims from the defendant 242l., of which sum the defendant received but 187l.; this prosecutor holds a bill for 999l., and another bill for 50l., drawn by the defendant, accepted by Arthur Death, a baker, and indorsed by me to John Plum, a dairyman and cowkeeper, and several deeds and documents relating to houses and landed property, belonging to the defendant, and situated in Ipswich, and elsewhere, in the county of Suffolk; the prosecutor, William Matthews, claims from the defendant the sum of 26l. 10s. 6d. for rent and cash due; this was incurred by the defendant, on the promise that this debt was to be repaid whenever the defendant obtained his rights; the defendant promised him a situation, and the houses for 200l., for which he, the prosecutor, held a bill or promissory note; William Smith, the prosecutor, swears falsely as to the amount due by the defendant; he claims about 25l., when in reality there is due 16l., partly for groceries, and partly for cash; but the defendant had paid several amounts to this prosecutor previously; the defendant obtained altogether, as loans and credit for goods on his India expectations, something under the sum of 400l., and not, as falsely stated by the prosecutor, 50,000l."
GUILTY . Aged 58.— Confined Two Years.
MESSRS. PARRY and SLEIGH conducted the Prosecution.
CHARLES COOPER . I am clerk to Lord Campbell, and a Commissioner for taking affidavits. I produce an affidavit signed by Frederick Johnson; I recollect administering the oath to him on 27th July, 1854.
Cross-examined by MR. PAYNE. Q. Have you a distinct recollection of the defendant? A. Yes; my brother was ill, I only took about half a dozen cases that morning—when I saw the defendant at the police court, I recollected administering the oath to him—I believe him to be the man, and seeing him at the police court, I recognized him—I am able to say now that he was the man—I recognized him at the police court.
Affidavit read: "In the Queen's Bench, between Samuel Kennard, plaintiff, and Frederick Johnson, defendant; Frederick Johnson, of No. 15, High-street, Bow, in the county of Middlesex, baker, maketh oath, and saith, that in the month of June, 1853, he was induced by the above named plaintiff to take the lease of the house, No. 15, High-street, Bow, aforesaid, from a Mr. Volkman, to be opened as a baker's shop, and as an inducement to this deponent to accede to his wishes, the deponent having represented to the said plaintiff that he was destitute of capital, the said plaintiff promised to advance money to enable him to take the said house and purchase stock for the purpose of commencing business there, and that the deponent should pay interest at the rate of five per cent. per annum, upon such sum as he the said plaintiff should advance; but that no interest should become payable until after this deponent
had been in possession of the said house for twelve months, and that the amount of principal which he should ultimately advance should be paid by instalments. And this deponent, upon the faith of this promise, applied to the said Mr. Volkman to grant him a lease of the said premises, which he consented to do; and upon informing the said plaintiff thereof, he desired this deponent to request the said Mr. Volkman to let the draft of the said lease be sent to Messrs. Turner and Sons, of Mount-place, Whitechapel-road, the solicitors of the said plaintiff, for perusal on behalf of this deponent; and this deponent at that time believing the said plaintiff to be his friend, complied with his instructions in that respect, although the said Messrs. Turner and Sons were wholly unknown to this deponent. And this deponent further saith, that sometime in the same month of June, he was sent for by the said plaintiff to his house, and was then for the first time introduced to one of the said Mr. Turners, who produced the said lease, and counterpart, and proceeded to read over and explain the said lease, and requested this deponent to execute the said counterpart; and having so done, the said plaintiff took possession of the said lease, and has kept it ever since. And this deponent further saith, that on or about 16th Sept., in the year aforesaid, this deponent was suddenly sent for to the private residence of the said Messrs. Turner and Sons, Cockburn-road, Mile End-road, when he was informed that they had prepared a warrant of attorney between him, this deponent, and the said plaintiff, as a security to him for the sum of 88l., which it was then alleged that he had advanced to, and paid for this deponent. And this deponent was informed by the said Messrs. Turner, that it was a mere matter of form between him, the deponent, and the said plaintiff. And this deponent further saith, that he had no attorney present attending on his behalf, to explain to him the nature of the warrant of attorney he was called upon to execute, and attest his execution thereof; nor did the said Mr. Turner, nor either of his sons, propose his calling in any professional gentleman for that purpose, or even ask this deponent if he was willing that either of them should act for him in that capacity; but Mr. Turner, jun., at once proceeded to read over the warrant of attorney, when this deponent discovered that by the defeasance to the said warrant of attorney, the money which the plaintiff had advanced to him was made payable on demand; and this deponent remarked, that was contrary to the arrangement between him and the said plaintiff, when the said Mr. Turner, jun., replied that it would be all right, and that it was a mere matter of form between him, this deponent, and the said plaintiff, to prevent any other creditors taking precedence of the said plaintiff, or words to that effect; and having done so, placed it before this deponent for execution, and having executed the same according to the direction of the said Mr. Turner, jun., he signed his name as a witness attesting the execution of the said warrant of attorney by this deponent, to which this deponent did not object, being at the time ignorant that it was improper and illegal for one of the plaintiff's attorneys to act on this deponent's behalf. And this deponent further saith, that on Saturday, the 3rd day of June last, he was served by the same Mr. Turner, who attested the warrant of attorney, with a notice demanding immediate payment of the sum of 88l. 15s., a true copy whereof is hereunto annexed; upon receiving which this deponent went to the plaintiff, and remonstrated with him on his sending such a sudden demand, so entirely at variance with the understanding between them; when the plaintiff replied, that he wanted his money, and if it was not immediately paid he, this deponent, would have an execution in his house within an hour; but this deponent at length
prevailed on the said plaintiff to wait until Monday, the 5th day of June, in order that he might try if he could raise the money to pay him; but this deponent was in the mean time privately informed that as soon as he opened his house on Monday morning, a Sheriff's officer would enter with an execution; and this deponent, in consequence of such information, kept his house closed, and on Tuesday, the 6th day of June, the plaintiff, accompanied by two other persons, carrying a ladder, came to this deponent's house, and placing the ladder against it, attempted to get in at the windows of the first floor, but as they were fastened, one of the persons, named William Suffolk, broke a square of glass in one of the windows, and forced out the sash beading, and three persons acting under the direction of the said plaintiff, entered the room, and finding the door of the said room, leading to the interior of the house, also fastened, they broke that open and descended to the lower part of the house, and let in the Sheriff's officer; and on the 8th day of June, the whole of this deponent's goods were sold in a most reckless manner by a broker employed by the Sheriff's officer, and were sacrificed at less than half their value. And this deponent further saith, that it was not until recently that he became aware that he had any ground for objecting to the said warrant of attorney, or he should have made an earlier application. Frederick Johnson. Sworn at the Judges' Chambers, in Rolls-gardens, Chancery-lane, this 19th of July, 1854, before me, W. G. Cooper, Commissioner. Re-sworn at the Judges' Chambers, in Rolls-gardens, Chancery-lane, this 27th of July, 1854, before me, Charles Cooper, Commissioner." The order setting aside the summons was made by Master Bunce.
Cross-examined. Q. Who was the summons issued by? A. By his Lord-ship's clerk, and dismissed by Master Bunce.
MR. PARRY. Q. Was Lord Campbell present at the hearing of the summons? A. I believe he was, and Master Bunce sat in the same room with him—the summons was dismissed with costs—I was in the room at the time the final order was made, by Lord Campbell's direction, by Master Bunce.
WILLIAM HENRY TURNER . I am a solicitor, carrying on business at No. 8. Mount-place, Whitechapel-road. I have two sons, who are attorneys—neither of them are in partnership with me; they are my clerks—I have a client named Samuel Kennard, the prosecutor of this indictment—in Sept. last I received instruction from him to prepare a warrant of attorney—I think I received them the latter part of the prior month, but the warrant was prepared on 16th Sept, 1853, to secure a sum of 88l.—this is it (looking at it)—on 16th Sept. this warrant was executed in my presence, at my private residence, about 7 o'clock in the evening—the prisoner came to my house, and Mr. Kennard came with him—MR. Kennard came to complete a purchase of some freehold land, and he brought the prisoner with him at the same time to execute the warrant of attorney—when they came to my house I told Johnson that it was absolutely necessary that he should have an attorney present on his behalf to explain the nature of the instrument to him, and to attest his execution of it—he said that he did not know any attorney—I said, "There are attorneys in Bow; there will be no difficulty in procuring the attendance of a gentleman for you, and if you please my son George shall go with you to an attorney—he said he did not know any attorney in Bow—I said, "There is Mr. Ellis, the vestry clerk, and Mr. Goddard, living close by; there is no doubt we can get the attendance of one of those gentlemen"-—he said he had not employed any attorney, and he had rather not—I told him my son George was an attorney, and if he
chose to employ him he might, but it was a matter of his own choice and will—he said he should be very glad for him to do so—my son was then sent for—he came into the room where Johnson, Mr. Kennard, and myself were present—I said, "George, Mr. Johnson wants you to attest a warrant of attorney for him"—I left the room—I afterwards returned, and the defendant executed the warrant in my presence—my son acted as his attorney on that occasion.
Q. Is it true, as here stated in this affidavit, "And this deponent was informed by the said Messrs. Turner that it was a mere matter of form between him, the deponent, and the said plaintiff?" A. No such thing was said by my son in my presence, or by any one else.
Q. Is this true, "And this deponent further saith, that he had no attorney present attending on his behalf to explain to him the nature of the warrant of attorney he was called upon to execute, and attest his execution thereof?" A. That is false; my son attended at his request.
Q. Is this true, "Nor did the said Mr. Turner nor either of his sons propose his calling in any professional gentleman for that purpose, or even ask this deponent if he was willing that either of them should act for him in that capacity?" A. That is not true; my son was called in at his request, and he did act for him—I have been in the profession very nearly forty years—since this act of Parliament has been passed, I should think I have been present at the attestation of nearly 100 warrants of attorney—I never allow any person to execute a warrant of attorney without having an attorney present—I cannot say that I know the hand writing of the defendant, except by comparison—I never saw him write, except on that occasion—execution was not issued on this warrant till June this year.
Cross-examined. Q. Who was present when this document was signed? A. Myself, my son George, Mr. Kennard, and Johnson—it was at my private house—I do not know how long after the advance of the money this warrant of attorney was required—I did not see the money advanced—I had nothing to do with the taking of the business—I am aware that it must be an attorney, not a clerk, at the execution of a warrant of attorney—my son is an attorney, and he acts as my clerk too—he had taken out his certificate, and had a right to act as an attorney.
SAMUEL KENNARD . I am a butcher, and reside at Bow. I know the defendant—in the course of last year I advanced him 88l. 15s. for the purpose of his entering into business as a baker—I did not grant him a lease of any shop—I went with him to my solicitor, the last witness, to execute a warrant of attorney—when we got there we saw Mr. Turner—we went into his back parlour, and he said it was necessary for Mr. Johnson to have an attorney to act on his behalf before this warrant of attorney could be completed—I heard him say that, and Mr. Johnson said he knew no attorney—MR. Turner said there were attorneys living in Bow, and if he thought proper his son should accompany him to one of them—I do not recollect the names he mentioned—MR. Johnson said he knew no one, and he had no wish for anything of that kind—MR. Turner said his son was an attorney, and if Mr. Johnson thought proper to nominate him, he could act for him as his attorney—he used the words that it must be with his free will and consent—MR. Johnson was quite satisfied with George Turner's acting for him, and he was called into the room—MR. George Turner told him it was necessary for him to have an attorney, and he commenced reading the warrant of attorney—he read over the whole of it—I am quite sure of that—and the defeasance was read also—there was something read about 200l., and
Mr. Johnson said he did not owe 200l.—MR. Turner explained to him that it was to secure me if I lent him more money—I saw him execute the warrant—this is his signature to it, and this signature to the affidavit is his—I am quite sure that young Mr. Turner did explain the warrant to him, and Johnson made the observation that I could come and take every thing—I said yes, of course I ought, because I had advanced the money—he said, "After this the shop will be mine," and I said, "Yes"—I was present when this affidavit was used at the Judges' Chambers, when the discussion took place.
Q. Did Mr. Turner or his son say it was a mere matter of form between you and Johnson? A. No—he had an attorney present on his behalf—when he states he had not an attorney it is untrue—when he states that neither Mr. Turner nor his sons proposed sending for any professional gentleman, that is not true.
Cross-examined. Q. What was your connection with this shop? A. I had taken the shop—Mrs. Brown had kept it—the prisoner had been in her employ—I took the shop for my brother, and then some circumstances arose that I did not wish my brother should take it, and I agreed that the defendant should take it—he did not take some time to consider whether he would take it or no—he was in a good situation before—I might say that I would rather pay 100l. than my brother should have it—the defendant did not take time to consider of it—I said, "I believe you had an idea of taking the shop of Mrs. Brown"—he said, "Yes; but I have no means"—I said, "We could get the means"—he said, "Could you lend me the money?"—it was the beginning of last year that the arrangement was made for me to advance the money—I think it must have been about June—it was in September that the application was made for the warrant of attorney—the money had then been advanced three or four months, I think.
Q. Was it not a part of the stipulation between you and this man when the money was advanced that no interest should be paid till he had been twelve months in possession, to see how the business went on? A. I said every pound would be of consequence to him, and I would not say anything about interest till he had been twelve months—I told him when the money was advanced that he might pay the principal by instalments, and in September I took him to my own attorney's private house to get him to sign a warrant of attorney, and I believe it was in June I carried the warrant of attorney into effect, and seized on the man's property and effects—the argument I used when he said he did not owe so much money was, that I ought to be secured in preference to the other creditors because I advanced him the money—I think he has been carrying on business altogether about nine months—I believe the twelve months did not transpire.
MR. PARRY. Q. Why did you think it your duty to press for the money in June? A. I had an impression that he was getting in debt—I knew he was neglecting his business, and I knew that property had been removed on the Saturday—I had seen him in the morning, and made arrangements to wait for my money, and I found in the afternoon that his goods were being removed—I then consulted with my attorney, and acted according to his advice—if I had not been overcome by Johnson's tears and prayers, I should have got the whole of my money, but I let it stand over too long, and lost my opportunity.
as clerk—I remember very well on the evening of 16th Sept. last being called by my father into his room—when I went in I found Mr. Kennard, Johnson and my father—my father said that Mr. Johnson wished me to attest the execution of a warrant of attorney on his behalf—MR. Johnson must have heard this—my father then left the room in about three minutes after I entered—my first, question to Johnson was, "Do you wish me to act for you as your attorney?"—he said, "Yes, I do," or "Yes"—he certainly said "Yes"—I said what the statute required, and he laughed at me with a half sneer—I said, "You laugh, but it is necessary that there shall be an attorney present on your behalf; if I don't do it somebody else must"—I said again, "Do you wish me to act as your attorney?"—he replied, "Yes," or "Yes, I do"—after that I proceeded to read over the whole of the warrant of attorney—I explained to him the nature of it, and the defeasance—after reading it over fully more than once, as I got to the penal sum of 200l. he said, "That is not the amount"—I said, "You will understand that presently"—on his saying that I was to act as his attorney, I filled in my name, George Turner—he then executed it, and I attested it—that took place on my father being called into the room.
Q. Is it true that he had no attorney present attending on his behalf to explain to him the nature of the warrant of attorney he was called upon to execute, and attest his execution thereof? A. That is false—it is not true when he says, "Nor did the said Mr. Turner, nor either of his sons, propose his calling in any professional gentleman for that purpose, or even ask this deponent if he was willing that either of them should act for him in that capacity"—on reading the warrant, he said, "MR. Kennard, this is payable on demand"—I said, "That is so;" and I said, "You must trust to him that he won't unnecessarily enforce the warrant of attorney"—I explained that fully to him.
MR. PAYNE to SAMUEL KENNARD. Q. Were you told that you were liable to an action for trespass for breaking into the defendant's house? A. No—the broker's clerk did not tell me so—I positively deny it—I do not know Mr. Tucker, an attorney.
MR. PARRY. Q. In point of fact, Mr. Turner has instituted these proceedings? A. Yes, he has.
NOT GUILTY .
OLD COURT.—Tuesday, September 19th, 1854.
Before Mr. Recorder and the Second Jury.
PLEADED GUILTY , and received a good character.
Aged 35. (Recommended to mercy by the Prosecutor.) Confined Six Months.
PLEADED GUILTY —Aged 49.— Confined Six Months.
PLEADED GUILTY . Aged 25.— Confined Six Months.
MR. RYLAND conducted the Prosecution.
THOMAS GRANGE . I am assistant to Messrs. Cook and Sons, of St. Paul's Churchyard, wholesale warehousemen. They have a customer at Bridgewater, named Nicholls—on 4th Aug. I selected some goods to be sent on approbation to Mr. Nicholls, of Bridgewater; I put them in paper in the silk room, wrote on them "Nicholls, of Bridgewater," and left them in the department to be fetched out by the collectors, and forwarded—I do not know what became of them—these two pieces of silk (produced) are two out of five robes, which I enclosed with a great many other things—the person who ought to forward them is a porter; we have about thirty porters—the collectors take the packages to the entering room, and hand them to the porters to be packed—the directions are given by the superintendent of the packing room—I afterwards found that the goods were gone from where I left them—the party whose duty it was to pack them is not here.
Cross-examined by MR. O'BRIEN. Q. All you know is, that on 4th Aug. you wrote a direction on some paper containing some silk? A. Yes; we had more goods in the establishment such as I selected, but I know that the silk I saw afterwards was not what was left, because we have the exact number of robes left now—we know from the invoices the number we got from the manufacturer—we had a large quantity of the same kind in the warehouse.
LUKE TOZER . I am assistant to Messrs. Nicholls and Co., drapers, of Bridgewater; they have dealings with Messrs. Cook and Sons, of St. Paul's Churchyard. On 5th Aug. I received some Silk goods from them, which I examined, and among them were seven silk robes—I noticed the two in question; one was thirteen, and the other sixteen, yards long—they came on approval, and were all sent back—I packed them in a box, which was addressed in my presence, "Messrs. Cook and Sons, St. Paul's Churchyard, London," on a card, which was nailed on the box—the box was delivered to the carrier, I entered it in the book, the carter signed it, and I saw him take it away—I have since seen two silk robes at the Mansion-house, which I recognized as part of what I had packed—the box was about two and a half feet long, fifteen inches high, and eighteen or twenty inches wide—there were parcels for other parties in it; a parcel of barege for Hitchcock and Co.; a parcel of woollen for Henry and Co.; a parcel of gloves and stockings to Morley and Co.; and another to Lycett and Davis—they were all enclosed to Messrs. Cook for delivery; we frequently do that to save having different parcels—the contents of the box were worth between 60l. and 70l.—these (produced) are two of the robes which came to us from Cook and Sons; I saw them taken out of the box.
Cross-examined by MR. O'BRIEN. Q. There were seven robes? A. Yes—I did not put any private mark on the robes I returned; they were of five different patterns, and these two were of the same pattern, but of different colours; no other house but Cook's has them—I returned the goods to the carrier on the 12th.
JOHN GILLARD . I am a carrier, of the Oxford Arms, Warwick-lane. The prisoner Smith was in my employment, to clean the horses and the stable, and to take out goods with a horse and cart; he was a sort of porter—in the early part of Aug. I had a box of goods from Nicholls and Co., of Bridgewater, which should have been delivered to Messrs. Cook, of St. Paul's
Churchyard—I delivered it to Smith on Monday, 14th Aug., to deliver; he had other parcels in the cart to deliver at different places—he never came back, and I found the horse and cart at the green yard—on the following morning I went to Messrs. Cook's, and in consequence of what passed there, I had reason to think that the box had never reached them—I have seen both the other prisoners before with Smith, I think, but I cannot say when or where—I will not say positively that I have seen them in his company—Smith was only in my employ about three weeks, and I should think it was during that time.
Cross-examined by MR. O'BRIEN. Q. What time did you send him out with the horses? A. About 5 o'clock in the afternoon—there was not another man with him; he was to deliver the parcels alone; there were three full articles, and an empty box or so—I enter on the delivery sheet the parcels I send out—I have no book to enter them in, but when the delivery sheet is brought back, I paste it in a book—I have never had the delivery sheet again, the prisoner absconded with it—I invariably deliver goods immediately I receive them; I sent out this box immediately on its arrival—I only entered it in the delivery sheet—Smith had 12s. a week without board; those were the wages he asked me when he came.
Cross-examined by MR. PAYNE. Q. It was at 5 o'clock in the afternoon that you sent the box? A. Yes—I believe that everything else that I sent out by Smith was rightly delivered—he had to go to Milburn's, in Newgate-street, with a full box and an empty one; to the South Eastern Railway, in Cheapside, with a large truss of rags in a wrapper; and to Watling-street, with a box or parcel of drapery; but the money he received, 13s. 2d., he never accounted for, as he never came back.
WILLIAM HALL (City policeman, 668). On Tuesday, 15th Aug., about half past 1 o'clock in the day, I saw Luke and Watts coming down Camomile-street, Bishopsgate; Luke was carrying a bundle—I allowed them to pass a little way, and afterwards stopped them, and said, "What have you got there?"—Luke said, "Two pieces of silk"—they were wrapped up in a handkerchief; I took it off, looked at them, and said, "Where did you get them?"—Luke said, "I picked them up in Bishopsgate-street"—this is the silk (produced)—I took them to the station—Watts said he did not know Luke; that he had not been in company with him at all, and was quite surprised at being taken into custody.
Cross-examined by MR. PAYNE. Q. Did Luke explain to you where he found them? A. Between Cornhill and Lombard-street—he described a part which I thought to be Gracechurch-street—I asked him what he did with the paper they were in—he said he threw it away.
MR. RYLAND. Q. Do you mean that they had not these papers on them? A. Yes, but no outer paper—they were in a handkerchief, which Luke said was his own.
Cross-examined by MR. SLEIGH. Q. You told my learned friend that at the station house Watts made a statement to you; is this the first time you have said that? A. No, I said so at the Mansion House on the second examination, but Mr. Goodman said, "Never mind taking it down," and that I might mention it here.
COURT. Q. How far did you watch them? A. About seventy yards—they were walking abreast when I first saw them, and then Watts lagged behind a little, and Luke turned the corner into Bury-street, without looking behind him—I did not speak to them, but ran through St. Mary Axe, and saw them come out of Bury street together, into Heneage-lane—they spoke
together at the corner of Heneage-lane, but I could not hear what was said; but what Watts said to Luke caused him to turn his head towards me, and then they both ran away as fast as they could run—I pursued them across the end of Heneage-lane, got to the end of Duke-street before they did, and stopped them, with the silk in their possession—I mentioned at the Mansion House that they ran away, but not that they spoke to each other—my deposition was read over to me before I signed it.
WILLIAM WATSON . I am getting on for fourteen years old. I know Smith quite well, and have seen the other two prisoners before, but did not know their names—on a Monday or Tuesday evening, in Aug., about 8 o'clock, I was at the Oxford Arms, and went with George Oliver and Boult, who are in Mr. Gillard's service, to the greenyard, to fetch the van—on the Monday of that day I was in Newgate-street, at a little after 9 o'clock, and saw Gillard's van—Smith was driving it, and I saw Luke jump up into the van, and then they drove on towards the Post-office—I was in Newgate-street again about 6 o'clock on the same day, and saw the same van—Luke was sitting on the box, and I saw Smith going into Milburn's house with a middling sized box—I waited to see him come out; he came out without the box, he got into the van, and drove up Newgate-street, with Luke still on the van.
Cross-examined by MR. PAYNE. Q. What are you? A. I do jobs for Mr. Gillard sometimes—I said at Guildhall that I Raw the van in Newgate-street in the evening as well—it was in the morning that I saw Luke get on the box, and saw them go off together on the van—it was in the afternoon that Smith delivered a parcel at Mr. Milburn's—I mentioned at Guildhall about Luke being with him—it was taken down—I never signed anything.
JOHN MOSS (City policeman, 225). In consequence of information I received from Mr. Gillard, I went to the Mansion House on Tuesday, Aug. 15th, and found Luke and Watts under examination—in consequence of what I heard there I went to No. 16, Sadler's-place, London Wall, to search the place, having ascertained from Mrs. Melbourne that Luke lived there, with his father, mother, and brother—while I was there Smith came, and said to Mrs. Luke, "Has Harry been in?—she said, "No, he has not"—I said, "I believe your name is Smith?"—he said, "Yes"—I said, "I must take you into custody for stealing a box of goods and 12s. 6d. from Mr. Gillard, and directed to Cook and Son, of St. Paul's Churchyard"—he said he knew nothing at all about it—I took him into custody, and on the way to the station he said that he lost the box in Newgate-street, as he was delivering a box at Milburn's, and was afraid to return to his master—I asked him what he had done with the way book—he made no answer—I found nothing at Luke's house.
AMELIA MELBOURNE . I am the wife of Robert Melbourne, who keeps the Golden Axe, in Milton-street, Cripplegate. I know the three prisoners—Smith, and Watts, whom I know by the name of Lovel, have been in our service, but not together—Watts left about a week before 15th Aug., and Smith about a fortnight before that—he had been in our service about eighteen months—I saw them both at our house on Monday, 14th Aug., having a pint of beer—they came in company, and drank together—they remained about twenty minutes, and went away together—there was a carrier's van at the door, with the name of "Gillard" on it—it appeared to have been waiting for them, and they went away on the box—I saw Luke again at our house on Tuesday, about half-past 11 o'clock in the morning.
Cross-examined by MR. O'BRIEN. Q. Smith lived with you about eighteen
months? A. Yes, and left about a month before—he conducted himself perfectly honest while with us, and went from our service into Mr. Gilford's—Watts was a very short time with us.
Cross-examined by MR. PAYNE. Q. You do not keep this house now? A. It is closed, but we are in it—the licence is not suspended, it is closed on account of Mr. Melbourne's circumstances—I am not bound to say whether it is through embarrassments—there have never been any police complaints about it since we have been in it—a great many men come and drink in the tap room, but not a great many young people—the house has been closed for a fortnight—we have kept it about two years and a half.
WILLIAM MATTHEWS . I am a porter, and live at No. 70, Milton-street, City; that is near the Axe public house, which I use sometimes—I have seen all the prisoners before. On Saturday evening, 12th Aug., I saw Smith at the Axe public house—he said that he had got 16d. from his master on Saturday night, and he should look for something better to pay him on Monday—I had not seen the other prisoners before that, but after that Luke came in—Smith was still there, and Luke saw him, but did not speak to him—after that Watts came in—he saw Smith, but they had no words—they were not in company, and did not sit together—Smith had half a pint of porter—I do not know what they came for—I did not see either of the other two drink anything—Luke stopped about half an hour—I heard him say nothing—Smith stopped about five minutes—he only said to Mr. Melbourne that he came to look after his old debts which were owing to him.
Cross-examined by MR. O'BRIEN. Q. About how long did Smith remain? A. About half an hour; he had half a pint of beer—I did not hear a woman ask him for some money there.
Cross-examined by MR. SLEIGH. Q. Watts came in alone, and went out alone? A. Yes.
(Luke's statement before the Magistrate was tore read, as follows: "All I have got to say is that I picked up the parcel, containing two pieces of silk, in Bishopsgate-street; the other goods I know nothing at all about.")
(The COURT considered that there was no case to go to the Jury against Watts. Luke received a good character.)
NOT GUILTY .
985. GEORGE DUVAL, BENJAMIN CHILDE RANSLEY , and BENJAMIN HOWARD , stealing 16 bushels of malt, 8lbs. weight of hops, 3 hop pockets, 15 casks, 190 tiles, 12 slates, 3 boards, 3 pieces of wood, and 1 thermometer, value 10l. 17s. 6d.; the goods of Thomas Shackle.—2nd COUNT, feloniously receiving the same.
M. CLAKSON conducted the Prosecution.
JOHN SHACKLE . I am the son of Thomas Shackle; he is a brewer and maltster, at Uxbridge. On 28th Aug. I went to the premises of Duval—the brewhouse adjoins a garden belonging to the brewhouse—Duval is a cooper, and has a shop in Attwell's yard—a side door of the brewery opens into Attwell's yard—that leads into the brewhouse—you cannot get into the counting house without a key—the door of the brewhouse is twenty or thirty yards from Duval's workshops, on the same side of the yard—I was certain that I had lost a great deal of property, and on 28th Aug. I had a ladder put up to the wall—I looked over, and there I saw a quantity of my father's property in Duval's premises—there was a hen house built of what I considered our property, and three boards I could swear to—I called a policeman, and went into Duval's workshop—I told him that those boards belonged to us; that I believed all of them did, but those I could swear to;
and I said, "I shall give you into custody, without you can tell me where you had them from"—he said that Ben Ransley, who had just left us, had brought them in, and put them up—Ransley had been in our service, as a stoker—we had dismissed him on 7th Aug.—it was Ransley's duty to come to the brewhouse at 2 or 3 o'clock in, the morning, and light the fires—the servants came generally about half past 6 o'clock—my uncle generally went up to the brewhouse, for ten minutes, about 4 o'clock, and then went back to bed—the premises would be in Ransley's charge from 3 o'clock till about half past 6—these are the boards (produced)—they were the bottom of an old beer cooler—we have brought one from the premises to compare with them—I can swear to them by these marks all across—they are particular boards; you would not find any like them—they have been in use these forty or fifty years—Duval knew that Ransley was in our service—this is the hen box (produced)—we found that in a little yard—it belongs to my father—it was made to fit into a place—we took Ransley into custody that same day—on the 29th we got a search warrant, and went again to Duval's premises—we then found these three hop pockets in his warehouse—they are my father's—I know them by the marks, and I have the invoice of them—I also found sixteen and a half bushels of malt, and 8 lbs. 6 oz. of hops, in flour barrels, headed up, in the same warehouse; I mean that the heads of the casks were put in—I have missed malt and hops for a long time, and some of my father's hop pockets—I cannot swear to the malt and hops—I found some tiles, I think 192—they were found on the top of the hen house—the hen house had been recently put up—we had lost some tiles—I should not like to swear to the tiles; I believe they belong to my father—we missed tiles of that description—they are of a peculiar make—I missed a few slates—I found some on the top of the hen house—there was one row—I did not count them—I saw them on the 28th—I told Duval that they belonged to my father—I said I believed that the materials of the whole hen house belonged to us, but the boards I could swear to, and the hen's nest—it was after finding those things that we took him into custody, directly we had found the malt—we then found the thermometer—I said, "That belongs to me"—he said, "Yes, it does belong to Mr. Shackle"—we found that in his warehouse—I have examined the character and colour of the malt, and also my father's bulk of malt—I have samples of both here—in my judgment, they correspond exactly—one of these hop pockets I had not seen for some time; the others I must have seen more recently, because the hops were only grown last year in two of them—we suppose that they went away full—I cannot say to a month or two when they had been last on my father's premises—on that same Tuesday I went to Duval's dwelling house, on Uxbridge-moor—it is more than a mile from his warehouse—I there found eight casks, and seven we found in the warehouse—we have a sample of them here (produced)—I cannot say whether this was found at the house or the warehouse—they were all put together when they were found—it is one of my father's casks—four of the fifteen casks I can speak to distinctly; there is a brand mark on them—I have the particulars of them—I got it from my books—my books are not here—the casks had been out, and came home, and they were missed off our premises, one of them a year or so ago, but the others very lately, some time in the beginning of the summer.
Cross-examined by MR. COOPER. Q. How high is the wall that separates the yard? A. Between eleven and twelve feet; it is forty-four bricks high, I counted them—the door is in Attwell's yard; I hardly ever saw that
door open, it was not open when I went; I knocked, and he opened it after a short time—I could not see the boards when the door was opened; I was forced to look over the garden wall to see them—there are some cottages adjoining Duval's warehouse—no one in passing could see the hen house—it is all shut in—it is a large warehouse; the wall may he twenty feet high, and there is a yard behind the warehouse—there is a door out of Duval's yard into Attwell's yard, not without going through the warehouse—you must go through the warehouse; into the yard, and from the warehouse to the garden wall is a little yard, and in that was the hen house—there is no door opening directly from Duval's yard into Attwell's yard—I could not see the hen house from any part of my premises—we have ladders in our yard—my father has several hundred casks of this description—when the hop bags are empty we cut them up, and use them for bunging the beer down—they are not looked upon as very valuable when the hops are out; they are not used again—when I took up the thermometer, Duval said at once, "It is Mr. Shackle's"—the hops that I found in the warehouse were in flour barrels, not barrels belonging to us—I never saw our men going to Duval's or talking to the cottagers near; Ransley lived next door but one to the warehouse.
Cross-examined by MR. SLEIGH. Q. Ransley had been six years in your employment, I believe? A. Yes.
RICHARD BEAMAN (policeman, T 75). I was called in to assist Mr. John Shackle, in examining Duval's premises on the 28th Aug.: I found a piece of plank which Mr. John Shackle identified—he also pointed out the hen box, and the tiles and slate he said he believed to be his—Duval was present at that time, and he said that he had the things of Ransley—he said that of all the things—on the 29th I got a warrant and went there again with Roadknight—I then found some malt in tubs, I cannot say how many—I was not present when the whole were found; Mr. John Shackle claimed some of them, he particularized them—Duval had then gone to the station; Roadknight had found some of the tubs and some malt before Duval was taken to the station, but they were not identified before he was taken away—I apprehended Ransley on Monday, the 28th—I told him that Mr. Shackle, and likewise myself, had been and identified some boards and tiles, and slate, and the hen box in Duval's yard—he said he knew nothing about it—I told him that Duval had said he had them of him—he said he knew nothing of it—that was all he said that day—he had lately moved from Uxbridge to Harefield which is near to Uxbridge, and there I apprehended him—he had left Mr. Shackle some time previous to his going to Harefield—I saw him again on the Tuesday, before the bench of Magistrates at Uxbridge, at the time he was under examination—he said something to me after his examination—I did not make him any threat or promise—I conveyed him to the House of Detention on a bus from Uxbridge, and going along he commenced a conversation respecting the robbery—I told him I did not particularly want to hear it, but if he did say anything I should notice it—he said that he in the first instance assisted Duval to a lock on purpose to get a key made, to give access to Mr. Shackle's premises—he said it was a brass lock—he did not say what it belonged to—the lock of the side door that goes into Attwell's yard, is not a brass lock—he said that the agreement between him and Duval was, that he was to receive 2s. 6d. per week, on purpose to give Duval access to Mr. Shackle's premises—he said that he had seen Duval remove things at various times, and that he had left Mr. Shackle's because he should not be found out.
Cross-examined by MR. COOPER. Q. You say that these tubs stood openly in Duval's place? A. Some of them I saw stand there openly.
Cross-examined by MR. SLEIGH. Q. Was Ransley examined once or twice before the Magistrate? A. Once; it was after his examination that he made the statement to me—I do not know who was on the bus at the time, there were some individuals there, passengers kept getting up and down—I believe some men, and some women—we had to go fourteen or fifteen miles, it took about two hours—we were sitting behind the coachman, I believe there was a woman sitting on the same seat as the coachman during the whole of the journey, I believe there was no woman sitting on the same seat as we were on—there was a woman there I believe—I did not begin the conversation by saying, "This is a very bad business, Ransley, it will be much better for you to tell all you know about it"—nothing of the kind, that I swear—I did not say that Duval had split, and it would be better for him to make a clean breast of it—nothing of the kind—I did not tell him that Duval had split—Ransley stated that he had assisted Duval in this matter—I have stated that before to-day—(Looking at a female named Best)—I do not remember seeing that person sitting on the omnibus—I was not in any house with Ransley, neither a public or private house.
MR. CLARKSON. Q. Did you ever state to the prisoner, either alone or in anybody else's company, that Duval had split, and it would be better for him to tell, or anything of the kind? A. No; I made no attempt to press him to make a disclosure, or threaten him if he did not.
RICHARD ROADKNIGHT (police-sergeant, T 11). On 29th Aug. I went, in company with Mr. John Shackle, to search the house and premises of Duval—when I went up the yard, Duval was standing there—I told him I had got a search warrant to search his premises—he took the key out of his pocket, and undid the warehouse door—I went with Mr. Shackle through his warehouse into a little workshop, in a little yard, at the back of the warehouse, and in his workshop I found this thermometer—MR. Shackle said, "That is ours"—Duval said, "Yes, that is yours, Mr. Shackle"—in a flour tub, in the same place, I found about a bushel of malt—I said, "This is malt; how do you account for this?"—he said, "It is for my fowls"—that answer did not satisfy me, and I said, "You must now consider yourself in custody"—I then went into the warehouse with Mr. Shackle—I found seven flour tubs headed down; they were about three bushel tubs; some were full and some not—the heads of the tubs were fixed in—one head was taken out, and I said, "This is also malt"—that was full of malt—I said, "Here are six more; do they contain malt?"—Duval said, "They do"—in another flour barrel I found about eight lbs. of hope; that was not one of the seven tubs, but a separate one—I did not at that time proceed to ascertain whether or not the other six tubs did contain malt—I did afterwards—there were sixteen bushels and a half altogether—nothing was said about the hops; he gave me no account of anything—as I found these things, Mr. Shackle claimed them, and I took them all into my possession—the seven casks had the numbers upon them—the names had been chopped out of them all—this is one of them (produced)—they were all cut in this way—the other casks of Mr. Shackle are marked "J. Shackle, Uxbridge," in the place where these are chopped—Mr. Shackle claimed these—I then took Duval into custody, and sent him by Beaman to the station—I then went with Mr. Shackle to the dwelling-house of Duval, at Uxbridge Moor—I searched the house, and found eight more brewer's casks, also with the brand mark chopped off and the numbers remaining—they were claimed by Mr.
Shackle—on Wednesday, 30th Aug., I went to Howard's house, at Cowley, about a mile and a half from Uxbridge—he was not at home, but I met him in the road—he has been in the employment of a gentleman there for twenty-nine years, I believe, and I have known him fifteen years—I know the other two prisoners—I have seen them and Howard together—I said to Howard, "Ben, you know Duval and Ransley are in custody, and I have been told you have been removing some of the things away from Duval's place down to his house"—he said he had moved nothing away but three flour tubs, and those I might go to his (Howard's) house and see, if I liked—we were a very short distance from his house at the time; I had just come from it—I went back with him to see the tubs, and there were three fowls feeding in the yard—I tasted one of the corns, and said, "This is malt"—he said, "No it is not, it is barley; my wife bought it at White's"—that is a person who keeps a corn shop in the neighbourhood, who sells barley—I then went into the house, and in the kitchen I found about a pottle of malt in a tub—I said, "Now this is malt, Howard; don't get yourself into trouble for other people"—he said, "It was Duval gave it me for my fowls"—I said, "You were seen up in Shackle's yard the other morning, moving some things away from Duval's shed"—he said, "I moved away three small brewer's casks empty, and something in some bags, which he told me was chips; I do not know what they contained"—he said he had taken them to Duval's house—the three flour casks that I found at Howard's were not Mr. Shackle's; they belong to Duval, who is a cooper, and makes tubs for a mustard factory—all I found in his house was this small quantity of malt—on the following Monday, 4th Sept., I brought Ransley from the House of Detention—I took him to my house to give him something to eat, and to change his shirt—the inspector was there—I had previously received a letter from him—I said nothing to induce him to make any statement, nor did I begin the conversation—he said, "I am very glad I have got away from Mr. Shackle's; I have been very uneasy in my mind for some time; Duval would never leave me alone; on Friday week Duval called me up at 4 o'clock in the morning; I got up and got over the wall into Mr. Shackle's premises, and let Duval in"—and he said it must have been then that he took away this property that we had found; the rest of the property he said Duval had taken away himself—Ransley seemed very sorry for what he had done—I have known him for some time—this is the letter I received from him while he was in custody—his wife brought it to my house—I do not know his handwriting—he afterwards asked me whether I had received a letter from him—I said I had, and he said he wanted to see me before he went before the Magistrate—he stated at the time that there were others of Mr. Shackle's men that had been robbing him for some time—he mentioned their names, and said, "If you go to such a man's house you will find so and so—(Letter read: "Sept 18. Sir,—I do not know whether I am asking an impossibility, or not, but as most likely the Justice room will be full on Monday to hear our case, if you can prevent any one but the prisoner's relations being there I think it would be beat, as I shall in my evidence say things that perhaps master would not like every one to know. I am very glad it is found out, for it made me miserable when I knew such things were going on. I should have still been at Mr. Shackle's if it had not been for Duval; it was through him that I left as I did, and through him that I left Uxbridge as soon as I could, for he would not leave off. I should like to see you on Monday morning before we go in, if you can get there. Accept my best respects. I remain, your obedient servant, Benjamin Childe Ransley."
Cross-examined by MR. RIBTON. Q. How long have you known Howard? A. Fifteen years, as an honest respectable man—I understand that he has been in the employ of Mr. Dagley, the Magistrate, for twenty-nine years.
Cross-examined by MR. SLEIGH. Q. How long have you known Ransley? A. Nine or ten years, or more—I never knew anything against him.
Cross-examined by MR. COOPER. Q. How long have you known Duval? A. Two or three years—he has been a respectable cooper there—he has worked for Mrs. Grimsdell some years.
WILLIAM JOHNSON . I am engine man at Mr. Grimsdell's, the mustard maker. About 5 o'clock one morning, about a month ago, I remember seeing a horse and cart go up Attwell's yard, leading to Duval's workshop—it was empty; Howard was driving it-—about twenty minutes afterwards I saw it come down the yard loaded—Howard was driving, and Duval sat on the seat with him—I do not know what day it was—I could not see what it was loaded with—on Friday, 25th Aug., about 5 o'clock in the morning, I was down in my furnace, and saw a man come from Duval's door, which was nine or ten yards off, with a bag or sack on his back—I cannot say who that man was—it was daylight, but from the little place I saw through, I could not tell—I saw William Smith go by the door directly afterwards.
WILLIAM SMITH . I am a labourer in the brewhouse of Mr. Shackle. On Friday, 25th Aug., about twenty minutes past 5 o'clock in the morning, I was coming down Attwell's yard, and about twelve yards from the brew-house door I saw Duval—he bid me good morning, and I bid him good morning—he was between the brewhouse and his workshop—he had got a sack on his back, containing about a bushel of something, by what I could see of it.
Cross-examined by MR. COOPER. Q. Where it came from, or what it was, you could not tell? A. No—I have known him ever since he has worked there, which is a year and a half—I cannot say anything about his character.
JOHN SHACKLE , Sen. I am the brother of Mr. Thomas Shackle, and assist in the business. I have seen three casks and two firkins; they are my brother's property—I saw them on Duval's premises on 28th Aug.—I also saw the three boards that have been produced; they are my brother's property—they have formed part of an old beer cooler, which was pulled down some years back—Ransley had been stoker to my brother up to about three weeks before this discovery—it was his duty to come to the premises about 3 o'clock in the morning, or soon after, to light the fires, get the liquor hot, and call me at 4 o'clock—I stayed till near 5 o'clock, and the general staff of men came about half-past 6 o'clock—Ransley would be there by himself for two hours at least, or rather more—the door leading into Attwell's yard is always kept locked—I keep the key of the counting house, and the other keys of the premises are kept hanging up in the counting house—I know this thermometer to be my brother's property.
Cross-examined by MR. COOPER. Q. Was a person of the name of Norwood there early also? A. Yes; he is our housekeeper—a quarter to 5 o'clock is his general time for being there—he seldom comes into the brewhouse; his business is in the stable—I have sometimes seen him coming up the yard as I have been going down.
JOHN WHITE . I am a carpenter at Uxbridge. On Monday morning, 31st July, I was working at Mr. Grimsdell's mustard mills, which are close to Mr. Shackle's brewhouse—between 5 and 6 o'clock that morning I saw Ransley unlock Mr. Shackle's side door in Attwell's yard, and lock it again
—that door led to the open shed—I also saw Duval; they both of them loaded themselves with tiles, took them away, and locked the door—I am not speaking of the door leading into the brewhouse; it is a door that leads to an open shed—they took the tiles partially up the yard—I did not watch where they went to.
Cross-examined by MR. SLEIGH. Q. You have never been examined before a Magistrate about this matter, have you? A. No, and do not wish—I have no peculiar objection to Magistrates—I have never been before a Magistrate upon any other occasion—I have, down in Buckinghamshire—it was not in consequence of anything that took place before the Buckinghamshire Magistrates that I had any dislike to going before a Middlesex Magistrate—I first communicated about this concern to Mr. Grimsdell—I cannot say how soon; it was not until after the prisoners were in custody—I was not here yesterday—they found me out yesterday, and subpoenaed me to-day—the door that I saw them unlock, is only just across the yard.
COURT to WILLIAM JOHNSON. Q. You said that on 25th Aug., at 5 o'clock in the morning, you saw a person coming with a sack from the door of Mr. Shackle's place? A. Yes; that was the door of the brewhouse.
(Duval and Ransley received good characters.)
DUVAL— GUILTY . Aged 39.
RANSLEY— GUILTY . Aged 28.
Of Stealing.— Confined Eighteen Months.
HOWARD— NOT GUILTY .
NEW COURT.—Tuesday, September 19th, 1854.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Alderman KENNEDY; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY . Aged 35.— Confined Six Months.
PLEADED GUILTY . Aged 51.— Confined Six Months.
PLEADED GUILTY . Aged 52.— Confined Twelve Months.
MR. ROBINSON conducted the Prosecution.
WILLIAM BECK THORPE . I carry on business as a butcher, in Newgate Market. On 2nd Sept., the prisoner came to my stand, about twenty minutes before 9 o'clock—he bought a small shoulder of mutton, which came to 2s. 5d.—he gave me in payment a crown piece—I said, "This is a bad one; how came you by this?"—he would not give me any answer—I asked him where he lived—he would not tell me—I asked who his employer was—he would not tell me—I gave him into custody, and gave the crown to the beadle.
JOHN BENJAMIN KENTISH . I am beadle of Newgate Market. I received the prisoner from the last witness—he gave me this crown—I asked the prisoner for his address—he refused to give me any—he said, "I am not bound to give any account of myself to you"—I conveyed him to the station,
and he refused to give any account to the inspector—I found on him a half crown, and some other money, which was good.
Prisoner's Defence. I changed a half sovereign in Greek-street, Soho; I do not know the name of the landlord; I have been in the habit of being invited to dine with a young couple on Sundays; I went to buy this shoulder of mutton for them, when I was taken; I was not aware that it was bad.
GUILTY . Aged 27.— Confined Six Months.
FORBES PLEADED GUILTY . Aged 25.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
WILLIAM OBINSON . I am a baker, and reside at Kensington. On 5th Sept., about 3 o'clock in the afternoon, I was standing near Mr. Spalding's shop—I saw the two prisoners about three shops from Mr. Spalding's—they were both together, standing, loitering about.
Thomas. Q. What were you doing about half-past 3 o'clock? A. I was not there then—I am in employ; I ought to have been at work to-day.
COURT. Q. Had you ever seen Win before? A. Yes; I was in the Metropolitan Police two years—I swear the prisoners are the persons.
JOHN BAILEY . I am assistant to Mr. Spalding, a stationer, at Kensington. On that day, between 3 and 4 o'clock in the afternoon, the prisoner Thomas came in—he asked for a dozen of stamps and a "Bradshaw's Guide"—he handed me a 5s. piece—I saw it was bad—I asked him how many more he had got about him—he said he did not know what I meant—I bent the 5s. piece in his presence, and consulted with a next door neighbour—I sent for a constable, and gave him into custody—I gave the constable the crown after I had marked it.
JAMES WHITE (policeman, T 164). I took Thomas into custody, and got a bad crown from the last witness—I saw Forbes, who was thirty or forty yards from Mr. Spalding's—I knew Forbes before; I took hold of him, and told him I should charge him with being concerned with Thomas—he said he knew nothing of Thomas—he struggled, but I detained him till assistance came, and he threw five half crowns down while he was on the ground—George Rowley picked them up, and I told him to take them to the station, which he did, and he gave me five counterfeit half crowns and two good halfpence—Thomas gave his address No. 19, Queen-street, Covent-garden—I went there, and inquired, but could not hear anything of him.
GEORGE ROWLEY . I saw the last witness seize hold of Forbes—he asked what he was taken for, and resisted—during the struggle I saw him put his hand in his left hand trowsers pocket, and take these half crowns out in paper—they came into the road—I took them up, and gave them to the last witness.
Thomas's Defence. It seems strange that the constable should bring forward a man against me I never saw before; after I left Mr. Bailey's shop with White I met this man, coming in another direction, and he took him into custody; does it follow that I was connected with this man? there was
no crown piece found on this man, they were all half crowns; I know nothing at all of this man, I never saw him before in my life.
THOMAS— GUILTY . Aged 29.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
MARY ANN BEALE . I am the wife of George Beale, who keeps the White Hart, in Seven-dials. On Saturday, 2nd Sept., the prisoner came, about 12 o'clock, and brought a bottle—she asked for half a quartern of rum—it came to 2 1/2 d.—I served her—she gave me a shilling—I gave her change, and placed the shilling in the till—there were three sixpences there, but no other shilling, I am quite sure—as soon as she had left I went to the till—I took the shilling out, and gave it to the potman, to go to the butcher's—I am sure I gave him the same shilling; there was no other there—he came back and told me it was bad, and I put it away with the farthings—in about an hour, as near as possible, the prisoner came back, and asked for a quartern of rum—it came to 5d.—I knew her again—I served her, and she put down a half crown—I heard a jink, which told me it was not good—I showed it to my husband—he tried it with his teeth, and threw it down—the prisoner took it up again—I said she was the party who came for half a quartern of rum, a short time back, and gave me a shilling—she said she did not know they were bad—I reached over and took the half crown out of her hand—she went out of the door, and my husband said, "Let her go," but I thought it was not right, and sent for the policeman—he took her, and I gave him the half crown and the shilling.
BARNARD HOLLYWOOD . I am potman at the White Hart. The last witness gave me a shilling—I went to Mr. Brown's shop, and gave it to Mrs. Brown—it was not out of my sight—she refused it, and gave it me back—I pointed out the prisoner to the constable when she came the second time.
JOHN WIRE (policeman, F 117). I took the prisoner into custody on 2nd Sept.—I received this shilling and half crown from Mrs. Beale—in going to the station, the prisoner said it was through drink she did it; she knew the half crown was bad, but the shilling she did not know anything about.
GUILTY . Aged 53.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
EDMUND PHILLIPS . I live in Albion-place, Ball's-pond, and am a grocer. On 29th July I was in my shop, about 4 or 5 o'clock, and saw the three prisoners standing opposite, in conversation—I saw Thompson take something white from a piece of paper, and give it to Morgan—I at first thought it was a medal—they were standing still, and were about as far from my shop as across this Court—when I saw that pass from Thompson to Morgan they separated, and Morgan and Franklin went together to Mr. Rivers', the Royal William public house—Thompson went in the reverse direction—in a very few minutes I saw Morgan and Franklin come out of the public house—they walked to the bottom of the street, rejoined the other man, and they all went away together—I saw no more of them—I know Mr. Rivers, and I afterwards went and told him something.
Cross-examined by MR. ROBINSON. Q. How long after you first saw the prisoners on the opposite side of the way did you go to Mr. Rivers'? A. It might be five minutes; I do not think it was so much as ten minutes—the next time I saw the prisoners they were in custody—between my house and Mr. Rivers' there are six houses, and a piece of ground where I suppose they might put five or six houses more.
Cross-examined by MR. THOMPSON. Q. Did you see the prisoners taken into custody? A. No; I did not see them again that day—I think there are twenty-nine houses in Albion-place—after I saw the prisoners together, they turned a corner—MR. Rivers' is on the opposite side of the way from my house—I stated at the police-court that I saw Thompson take something out of a paper—I am positive about that.
Franklin. The man is mistaken in me.
COURT. Q. Are you quite sure these are the men? A. Yes; all three.
ABRAHAM WOOD . I live at Ball's Pond, and am a painter. On 29th July, I met Morgan and Franklin in Ann's-place, they were talking together—there was one man a little way from them—I cannot say that I know the third man—just as I got to Dorset-street, I met Mr. Phillips.
Cross-examined by MR. ROBINSON. Q. You were not before the Magistrate? A. No; not in this case, I was in one case once before—I met Mr. Phillips, and I said to him, "Where are you running?"—that was six or seven minutes after I saw these men—I was here last Sessions—I should think it is six weeks since I was spoken to come here to day—I was not examined before the police Magistrate.
JAMES KEMP RIVERS . I keep the Royal William, at Ball's-pond. About half past 4 o'clock, on 29th July, Morgan and Thompson came to my house together—Morgan asked for half a quartern of gin and cloves—it came to 2d.—I served them, they each partook of it—Morgan paid with a half crown—I put it in the till—there were two or three sixpences there, but no other half crown—I am quite certain about that—they went out, and soon after I saw Mr. Phillips; I then opened the till, I took out the half crown, and found it was bad—I put it in my pocket—I went to the station the next day, and saw the three prisoners in custody there—I gave the half crown which I had taken from Morgan to the policeman.
Cross-examined by MR. ROBINSON. Q. You had never seen these men before? A. No; sometimes my wife serves at my house, and sometimes the barmaid; but they were not serving at that time—there was no one in the bar but me—it was not five minutes before Mr. Phillips came to me—I swear no one was in the bar but me, and no one had been in—my wife was upstairs, and the barmaid was doing her work in the house—she was not in the bar that afternoon—I swear that there was no other half crown in the till—no one had been in the bar from the time of these men coming, till Mr. Phillips came—I put the half crown in my right hand pocket directly Mr. Phillips came—I had no other half crown in that pocket then—the next time I saw the prisoners was at the station on Sunday afternoon—I recognized them immediately—I will swear that it was Morgan gave me the half crown—no one took me to the police station on Sunday, I went on purpose; I heard that three men were in custody, and I went to identify.
Cross-examined by MR. THOMPSON. Q. Which two men came to you? A. Morgan and Thompson—if Mr. Phillips swore it was Morgan and Franklin came to my house he is not right, he is mistaken.
Franklin. When we were brought to the station, you said you never saw me before. Witness. Yes, I did.
JAMES DALEY . I keep the Green Man, at Shacklewell. On Saturday, 29th July, about 5 o'clock, I saw the three prisoners pass my door, they were in the middle of the road—after they had passed, Franklin came back and had half a pint of beer in my house—it came to a penny, he paid me a pennypiece and went away—in a few seconds after that, the other two prisoners came in—they asked for half a quartern of gin and cloves; it came to 2d.—I served them, Morgan paid me with a half crown; I gave him change—they then had another half quartern, and paid me 2d. in halfpence—I still retained the half crown in my hand, and as they were going out I put it between my teeth and tried it—I was doubtful whether it was good or bad—I found it was bad—I went after the prisoners, and found them not many yards from my house—I said to them, "Give me the 2s. 2d."—I did not say why—I said, "Make haste, and give it me"—they wanted to know why—I believe they said, "What is the matter?"—I did not satisfy them—I told them to give me back the change, and one of them, I cannot say which, gave it me—they then returned with me to the house, and I then asked them for the 4d. for what they had drunk; Thompson gave me a good shilling, and I gave him the change out of that—I then told them it was a bad half crown, and showed it them—I had kept it in my hand all the time—that was the first time I had given them to understand it was bad—I walked up the lane with them—we all went out of the door together, or nearly so, and when we got about 100 yards I sent a Mend to the station for a policeman; he came across the field—I met the policeman, and gave the two prisoners into custody—I afterwards saw Franklin in the main road—it might be 500 yards from my house—it might be a quarter of an hour after the other two prisoners had been taken—I pointed him out to the officer, and he was taken—we had a struggle with him in the road—I assisted the officer in taking him—I saw him put something in his mouth, and I and the policeman laid hold of him to prevent his swallowing it—I got nothing out of his mouth but a small piece of paper—I believe he then said, "You may go to b—y now; it is gone"—we took him to the station—the other two prisoners were there—Thompson said, "That poor man ought to have a little water"—nothing was said about their knowing each other—I gave the half crown to the policeman.
Cross-examined by MR. ROBINSON. Q. Did Franklin appear to be in a fainting state? A. No—the policeman did rather use violence towards him—I saw two bits of paper come from his mouth—I do not know whether they appeared to be sticky; I did not touch them—I cannot say whether they appeared to have had peppermint lozenges in them—we might walk back twenty yards to my house—it was not so much as fifty yards—I afterwards walked with them nearly a quarter of a mile before the policeman appeared—I kept behind them—the half crown was a very respectable looking one—I was a little doubtful about it for one reason, I was very hot, my fingers were damp—I have stated before that Franklin said something.
Cross-examined by MR. THOMPSON. Q. Do many persons pass up and down that road? A. Not many—I had been standing at my door perhaps five minutes—there was no one else serving in my house at that time—Franklin came in, and had half a pint of beer—I went behind my counter to serve him—I did not go to my door again to watch—I could see through my door—I did not see Franklin join the other two again.
Franklin. Q. When I came into your shop, and gave you a penny, how
long was it afterwards before you saw me again? A. I dare say a quarter of an hour—my house, goes back two or three yards from the path—you were not talking with these men when you went by, but you walked up the road together, in the middle of the road, within half a yard of each other.
COURT. Q. Were they following or going abreast? A. They were going abreast of each other.
JAKES BANT (policeman, N 451). I saw Mr. Daley with Morgan and Thompson—he gave them into my custody, and gave me this half crown—he afterwards pointed out Franklin to me—I went towards him—he ran away—I ran about 100 yards, and overtook him—he stopped, and wanted to know what for—I told him he was wanted for being in company with two other men passing a bad half crown—I discovered that he had something in his mouth—I tried to get it out, and got hold of his throat—he said, "You may go to b—y now; it is gone"—I took him to the station, and saw the other two prisoners—nothing passed as to their knowing each other—I got a half crown from Mr. Rivers—9s. 6d. in good money was found on Franklin, and half a crown on Morgan.
Franklin. Q. How came you to take me? A. By Mr. Daley telling me—he pointed you out—I took hold of you by the coat, and you had your hand tight—I asked to look in your hand, and you had nothing in it—I did not see you put anything in your mouth, but I saw you swallowing.
Franklin's Defence. I started from home on the Saturday; I went to see a sister of mine, and borrowed a trifle of money of her; she desired me to call on her daughter Mary Ann, who is living in a gentleman's service at Hackney; she directed me to go through Shacklewell; I went, and I had half a pint of porter at some house that went back from the road; I might have come in contact with these men, but I do not know them; I went into a house, and bought some tobacco; I got into conversation with the woman, whom I knew; I came out, and went across the road; I heard somebody call out "Hey!"—I stopped, and the policeman came and laid hold of me, and said he wanted me about some bad money, and the publican came and assisted in taking me; they asked what I had in my hand; I had nothing; I had some tobacco in my mouth; I have been locked up seven weeks; I am an innocent man; I hope you will come to a decision that there is not sufficient against me to convict me.
(Morgan received a good character.)
MORGAN— GUILTY . Aged 33.
THOMPSON— GUILTY . Aged 27.
FRANKLIN— GUILTY . Aged 35.
Confined Twelve Months.
BARTON PLEADED GUILTY . Aged 21.— Confined Twelve Months.
MESSRS. ELLIS and LILLEY conducted the Prosecution.
JAMES PINNOCK . I did keep the Willow Tree. On 8th July the two prisoners came, and M'Pherson called for a pint of ale—I served him—he paid with good money, and I gave him change—they drank the ale, stopped about a quarter of an hour, and went out together—M'Pherson afterwards came alone, and called for a glass of porter—it came to a penny—he gave me a half crown—I gave him 2s. 5d. change, and he went away very quickly—I looked at the half crown, and found it was bad—I went to the police
station, and when I came back I saw the two prisoners moving their hands together, but what they were doing I cannot say—their hands were in motion, as if they were handing something to one another—I ran back to the station, and told them, and the prisoners were taken—when I was going to the station I told my mistress to let the half crown lie on the table—I found it there when I came back.
Cross-examined by MR. PAYNE. Q. How long were they first drinking the ale? A. A very short time—M'Pherson came back in about a quarter of an hour—they were standing about 100 yards off when I was coming from the station.
GEORGE BUSH (police-sergeant, N 18). I received information from the last witness on 8th July—I went, and took M'Pherson into custody—he and Barton were conversing together—I found on M'Pherson 1s. 6d. in good money, a penny in copper, and a duplicate—I received this half crown from the last witness.
Cross-examined. Q. Did you not find on the prisoner some ham and some eggs? A. Yes.
JAMES BRANT (policeman, N 451). I took Barton into custody; I told him what he was charged with—in crossing the road, he dropped a piece of paper—I took it up, and I found at the station that it contained seven bad shillings, and I found on him another bad shilling, and 11s. 6d. in good money.
MR. PAYNE called
GEORGE BARTON , the prisoner. I only know M'Pherson by working with him two or three days at Somerset House, in the Strand—he was not at all connected with me in passing bad money; he did not know what I had—I did not give him the half crown to utter—I did not receive any of the change of it.
M'PHERSON— GUILTY . Aged 33.— Confined Twelve Months.
MESSRS. ELLIS and LILLEY conducted the Prosecution.
ALFRED GREEN (City policeman, 376). On Saturday evening, 19th Aug., I saw King and Hudson on Ludgate-hill—I followed them to Bride-court; Pike there joined them, and they all three went together to Fleet-street—they conversed together a few minutes, and I observed their hands move—it appeared as if Pike passed something to the other two—they separated; and King went into Mr. M'Donnell's, a confectioner's shop, No. 117, Fleet-street, and Hudson went into Mr. Brandt's cigar shop—I watched King; he had either a bottle of ginger beer or soda water—he put down a half crown, and Mrs. M'Donnell gave him change—Mrs. M'Donnell bit the half crown—I went in and spoke to her, and she put it on a shelf by itself—I went after the prisoners, and saw them all three together on Ludgate-hill; they each lit a cigar—I followed them to Cheapside; they there separated again, and King went into a confectioner's shop, No. 51; he purchased either a cake or a bun, and put down a shilling—he left, and I spoke to the person who had served him—King went on, and joined the other two prisoners in the Poultry—they went from there to Gracechurch street, and separated again—King went into Mr. Laurie's ginger beer shop; he had a
bottle of ginger beer, and paid with a shilling—I saw Mrs. Laurie break the shilling—I went in, and took King into custody—I found three good shillings and a florin in his hand—I handed him to another officer, and I went in search of the other prisoners; I saw Hudson on the other side of the road—I took him, and handed him to another officer—I went in search of Pike, but I could not find him—I saw him again on Monday morning, as I was taking Hudson to the Mansion-house—he came up and said something to Hudson, and Hudson said, "Cut it"—I went into the Mansion-house; I then came out, and found Pike in the Bay Tree public house, in about ten minutes—I received this half crown from Mr. M'Donnell, and from Mrs. Laurie this shilling, which is broken.
Cross-examined by MR. O'BRIEN. Q. Had you ever seen Pike before? A. No; he was a total stranger, and so was Hudson—I first thought Hudson was a person I knew, and that led me to watch them—Pike and King are related—I did not hear King ask what he was taken for—he was thirty yards behind with another officer, who is not here—it was within a few yards of the Mansion-house that I saw Pike speak to Hudson; when I took Pike he was at the bar of a public house, a female was with him, I believe his wife, the mother of King—I told him what I took him for; he said he was at Homerton on Saturday evening, but not in the City at all; I found that he lived at No. 1, Want's-place, Homerton—the address he gave was No. 20, High-street, Homerton, which is some way from Want's-place—it is all in a line.
MR. ELLIS. Q. How long was it before you found Hudson was not the man you took him for? A. Only a few minutes.
ELIZABETH M'DONNELL . I am the wife of Joseph M'Donnell; we live at No. 117, Fleet-street The prisoner King came to my house for a bottle of ginger beer on 19th Aug.—I am quite sure of it—he gave me a half crown—I gave him 2s. 4d. change—I saw the officer Green when King had scarce got out of the shop—I was biting the half crown—I did not mix it with other money; I put it on a shelf behind, and kept it there—the officer went out—he came back again some time afterwards, perhaps an hour and a half—I marked the half crown, and gave it to him.
Cross-examined. Q. Were you always as positive of King as you are now? A. Yes; I said before the Magistrate that I believed it was him, but I am quite positive now—he remained there some little time, because I had no change in the till—I had to look for a 4d. piece to give him.
WILLIAM HENRY LAURIE . I am a ginger beer maker, in Gracechurch-street. On the evening of 19th Aug., King came to my shop, and asked for a glass of ginger beer—he paid 1s.—I tried it, and told him it was bad; he put his hand in his pocket, and took out some more money—I broke the shilling in half, and the officer came in and took him—I gave the shilling to the officer.
Cross-examined. Q. Had he offered you another shilling before the officer came in? A. He was just offering it to me.
(The statements of the prisoners before the Magistrate were here read, as follow:) Francis King says, "On Saturday evening I went to Greenwich to see a friend; I went down by the rail, and I changed half a sovereign there; I received 9s. 8d. change; after I had seen my friend, I came up by the Greenwich bus, and I gave him half a crown, and he gave me 2s. out; I felt thirsty, and I went into the ginger beer shop, when I gave a shilling
for a bottle of ginger beer, and the gentleman told me it was a bad one; I said, 'Is it, sir?' and then the thought struck me I must have taken it of the bus man, and I pulled out my money to see if the other was bad, when the officer came in; I deny being on Ludgate-hill on Saturday evening, and he says these two prisoners were with me, but they were not, which I can take my oath; I had not seen my father from Friday night up to yesterday morning; and I know nothing of the prisoner Hudson."—John Hudson says, "I only wish to remark that the policeman told me he did not know me; that he had made a mistake in me; that he had taken me for another party; he did not say anything at the station house that I was in company with these till after he had got me here."—Richard Pike says, "I know nothing about it all; I can bring people to prove that I was in Homerton town on Saturday night, and never left it at all; and there were parties there who can prove it."
JAMES LARTY . I am a cow keeper, at Lower Homerton. I have known Pike about fifteen months—he always bore a good character for honesty—I saw him on the Saturday night before he was taken, about 6 o'clock—I was in the yard, and he came round to me, and I saw him at our house about half past 7 o'clock—I was waiting for the cows to come up—he and his wife were together—his wife seemed as if she had been to market—she was walking on one side of the road, and he crossed over and spoke to me.
KING— GUILTY . Aged 19.—Recommended to mercy by the Jury.— Confined Three Months.
HUDSON— NOT GUILTY .
PIKE— NOT GUILTY .
MESSRS. BODKIN and LILLEY conducted the Prosecution.
CLARA NEALE . I am in the service of Mr. Beadon, a licensed victualler, in Walbrook. About 1st Sept the prisoner came to my master's house for a glass of ale—I served him—he paid me a shilling—I put it into the till, and gave the prisoner change, and he left—I saw him again on Saturday, 9th Sept., at my master's house—I am sure he is the same man who came at the beginning of the month—when I put the shilling into the till at the beginning of the month there was no other shilling there—the barman, Sharp, came into the bar in three or four minutes after I put the money into the till—I did not receive any other money after I put that shilling into the till—no other money was put into the till while I was there—I left about half past 7 o'clock.
Cross-examined by MR. AYNE. Q. Who was serving at the bar at the time? A. Nobody but me; the barman was standing at the door—I do not recollect the day exactly—I put the shilling into the till, which is in the counter—I did not take any change out of the till—I had been in the bar about a quarter of an hour—I went out for three or four minutes after I put the shilling into the till.
COURT. Q. What change did you give the prisoner? A. A sixpence, a 3d.-piece, and a penny; I gave him that change out of the till—I meant to say I gave no change out of the till after I gave the prisoner in charge—I saw the till when I took the change out, and saw there was no other shilling there.
GEORGE BAKE . I am a carpenter, and live in Paul-square, Finsbury. I was at Mr. Beadon's coffee-house on 1st Sept.—I saw the prisoner there—he had a glass of ale to drink—he laid down a shilling—the last witness gave him change—I heard him say he could hardly tell a 3d.-piece from a
4d.-piece without putting his finger nail on the edge of it—after the prisoner left I saw Sharp go to the till—I saw him take a shilling out of the till, and he said it was bad—I saw the shilling that evening, and in my judgment I should say it was bad—I was there again on 9th Sept.—I saw the prisoner there again—I am certain he is same man I saw before—he asked for a glass of ale—he paid a shilling—I saw the shilling—Sharp put it into the detector, and bent it double before hid face—he was given in charge for passing it.
COURT. Q. Are you able to tell whether any money had been given to any one from the till before Sharp came in on 1st Sept.? A. No, no one came in.
BENJAMIN SHARP . I am manager at Mr. Beadon's. On one evening, at the beginning of this month, I was at the door, when the prisoner came in—when he went out he spoke to me-—I went behind the bar immediately, looked into the till, and found three half crowns, four sixpences, and a bad shilling—I marked that shilling, and put it into a drawer by itself—I afterwards gave it to the policeman—on Saturday night, 9th Sept, I saw the prisoner again at my employer's house—he called for a glass of ale—I served him—he tendered a shilling—I put it into the tester, bent it, and found it was bad—I gave him into custody—I gave that shilling and the other to the policeman.
JOHN BUTLER (City police-sergeant, 6). I was called, and took the prisoner to the station—I received these two shillings from the last witness—the prisoner said he should decline to give his name and address—I found 3s. on him.
GUILTY . Aged 29.— Confined Nine Months.
PLEADED GUILTY . Aged 22.— Confined Twelve Months.
OLD COURT.—Wednesday, September 20th, 1854.
Before Mr. Justice Erle and the Third Jury.
997. WILLIAM HOWE, WILLIAM THOMPSON , and GAVIN RICKARDS were indicted for unlawfully conspiring, by falsely swearing and false representations, to procure the discharge upon bail, of one Mary Ann Blatchford, then in custody on a charge of felony; in 5 other COUNTS the same charge was further stated; in 6th COUNTS, the defendants were charged with conspiring in like manner to procure the discharge of one Charles Roberts; and in 7th COUNT, with conspiring to procure the discharge of one John Collins.
MESSRS. BODKIN, BALLANTINE, and SLEIGH conducted the Prosecution.
(After MR. BODKIN, in his opening, had stated the particulars relating to the first case of conspiracy alleged in the indictment, MR. PARRY, for the defendant Howe, interposed, and objected to the other cases being gone into; as the indictment contained no general Count for conspiracy, he submitted that the prosecutors were bound to elect upon which case they would proceed. He
could not point to any precedent which would support his application to the letter; but it was reasonable and fair that persons should be tried only for one offence upon one indictment; here there were three distinct charges, having no connection with each other, separately alleged in different Counts, and affecting differently the parties charged; and although the latitude was allowed at common law of placing any number of misdemeanors in one indictment, yet that had been rather for the purpose of stating in various ways the particular offence (the facts of which might not be thoroughly understood until proved in Court), and adapting some of the several Counts to the nature of the case, according to the judgment or skill of the pleader. MR. BODKIN contended that this was an objection which, if sustainable at all, was apparent upon the face of the record, and the defendants should have demurred, or taken the opinion of the Court at an earlier stage. It was perfectly clear in law that any number of misdemeanors might be included in one indictment; and by a modern act, more than one case of felony might now be included in the same indictment; he therefore submitted that the objection was not tenable. MR. JUSTICE ERLE was of opinion (in which MR. JUSTICE CROWDER concurred) that the prosecutors clearly had a right, according to law, to lay before the Jury, separate misdemeanors, and if there was any ground for interference in respect of convenience, it could only be done when the case had been heard. MR. BODKIN then stated the facts of the other cases to the Jury, after which MR. JUSTICE ERLE expressed an opinion that although by the strict rule of law, these cases might each be laid before the Jury, yet it might be inconvenient where the evidence affected the parties charged, in a different manner, and therefore it would be better that the prosecutors should elect upon which case to proceed. MR. BALLANTINE suggested that in the event of their electing to proceed upon any one Count, autrefois acquit might be pleaded as to the others.
MR. PARRY did not think that possible, but was willing, in conjunction with Mr. Metcalfe and Mr. Horne for the other defendants, to consent that the Jury should be discharged from giving any verdict upon the other Counts. That course was accordingly adopted, and the case relating to Blatchford, was elected to be proceeded with.)
WILLIAM CLARK . I live at No. 11, Richmond-terrace, Islington. I am clerk to Mr. Justice Coleridge—I produce an affidavit purporting to have been made by the defendant Howe, on 19th April last—it merely verifies certain depositions taken against two persons named Blatchford and Scott—I know Howe—I have frequently seen him write—I believe the signature to this affidavit to be his writing—I cannot say that he was present when the affidavit was used; I presume he was.
(In this affidavit, Howe described himself as clerk to Mr. Reuben Simpson, of No. 107, Blackfriars-road, attorney-at-law, and stated that the copy of the depositions annexed to his affidavit, was a true copy. The depositions were put in and read, and stated the particulars of the robbery alleged to have been committed by two persons, named Blatchford and Scott, upon Mrs. M'Arthur, the wife of Col. M'Arthur, of No. 25, Francis-street, Woolwich.)
WILLIAM CLARK (continued). I produce another affidavit, purporting to be the affidavit of Blatchford—I have no recollection who produced that, but I presume Mr. Howe did; I cannot say positively—they were laid before Mr. Justice Coleridge—I have a memorandum, that a writ of certiorari was directed to issue; that is the usual mode, it is an indorsement upon the affidavit in Mr. Justice Coleridge's handwriting; it directs a writ to issue, and summonses to the committing Magistrate, and to the prosecutrix, to show cause why Mary Ann Blatchford should not be discharged upon bail—I have
no other affidavit of Howe's—this one was sworn before me; I am a Commissioner for taking affidavits—this memorandum directing the writ to issue, was made on 22nd April—on 27th April, I was in attendance at the Judges' Chambers—I saw Howe there—he presented a paper to me (looking atone)—the summons was heard before Mr. Justice Wightman, and his clerk has the affidavit (they were produced)—I cannot swear to the defendant Thompson's handwriting—I have a slight belief about it; I know him, and very likely I have seen him write, and acted upon his writing, but I cannot call it to mind—as far as my belief goes, I think I have seen him write, and I believe this signature of "William Thompson" to be his writing—the signature to this other affidavit I believe to be Howe's—they appear to have been made before Mr. Justice Wightman; I believe they were sworn before Mr. Morris.
(The affidavits were here read, they were dated 25th April, 1854; both Howe and Thompson described themselves as "clerk to Reuben Simpson, of No. 107, Blackfriars-road, attorney-at-law;" Howe deposed to serving Mr. Hardwick, the Magistrate, with a true copy of the summons, who had not attended to oppose the same; and Thompson deposed to serving a copy of the summons upon Mary Elizabeth M'Arthur, by delivering the same to a female servant at her dwelling house, No. 25, Francis-street, Woolwich, and that no one attended on her behalf to oppose the same. The summons dated 22nd April, 1854, was to attend at Chambers on the Friday following, to show cause why Mary Ann Blatchford should not be admitted to bail.)
WILLIAM CLARK (continued.) The paper that Howe produced on the 27th, was a notice with a consent at the back—I am certain that Howe produced it; this is it (read: "Notice. 25th April, 1854. The Queen against Mary Ann Blatchford; felony. Take notice, that I shall tender as bail for the abovenamed Mary Ann Blatchford, on Thursday, 27th April, at half past two o'clock in the afternoon, William Hughes, of the Sportsman beer shop, Grange-road, Bermondsey, beer shop keeper, and William Rock, of No. 4, Beaumont-square, Mile End-road, bookseller, pursuant to the order of the Honourable Mr. Justice Wightman, here-unto annexed. Signed, Reuben Simpson, No. 107, Blackfriars-road."—That order is, "Upon hearing the affidavits of William Howe and William Thompson, I do order that the prisoner, Mary Ann Blatchford, be admitted to bail as to this charge, William Blatchford, her husband, in the sum of 100l. and two sureties of 50l. each; the prisoner to give forty-eight hours' notice of bail to the prosecutrix"—I really do not know whose handwriting this "Reuben Simpson" is; I do not know Mr. Simpson's handwriting—I should rather think it is Howe's handwriting, but I could not swear it; it was produced to me by Howe—I really cannot say whose handwriting it is—that order would operate as a discharge of Blatchford, upon bail being put in—bail would not be accepted if the forty-eight hours' notice was not given, unless the parties come and consent—if no consent is given, then we require proof of the forty-eight hours' notice; but where consent is given, and parties appear on both sides, it is dispensed with—at the time Howe showed me the notice, he told me that he had got a consent to the bail; and at the same time he produced this paper (read: "I consent to the within bail. R. Hare, 27th April, 1854")—upon seeing that, I said, "Who is R. Hare," or "Mr. Hare?"—Howe said, "The prosecutrix's attorney"—I said, "If so, he must state himself as such," and I gave him back the paper—at that time there were several persons standing round; I did not notice any one, not to know the person—in the course of a minute or two Howe returned the paper to me with these words, "Prosecutrix's attorney" added to it—I did
not notice anybody write those words—I cannot swear that I saw a person write the words; the paper was returned to me immediately by Howe, wet, the ink was not dry; he certainly did not write it himself—I know Gavin Rickards very well—I did not see him there on that occasion that I know of—upon that consent the order was made for the discharge—I have known Gavin Rickards acting at the Judges' Chambers for many years, as clerk to different attorneys—I think I know his handwriting—I could not swear to this being his handwriting—I have no belief as to the hand writing, I cannot say one way or the other—I could not say I believe it to be his handwriting—I am not sufficiently acquainted with his handwriting to say so—Howe certainly did not write it, he was so close to me that I must have seen him, and I should not have received it if he had done it—the ink was wet when it was handed to me; I remember blotting it up.
Cross-examined by MR. PARRY. Q. I take it from you that the affidavit verifying the copy of the deposition is the usual mode of making these applications? A. Yes; an affidavit verifying a copy of the depositions is not required in all cases—it is very frequently done—the other affidavit of Howe is simply of the service upon the Magistrate—I did not know Mr. Simpson—Howe always professed to act as clerk to Mr. Simpson—I should say I have known him professing to act as clerk of Mr. Simpson for some years at the Judges' Chambers—I should think I have known him acting in civil proceedings as well as in criminal—it is the constant practice for attorneys to act at Judges' Chambers by their clerks—the majority of them act there through their clerks, and they have audience before the Judge just the same as an attorney or barrister—I should say that the managing clerk more frequently attends to business than the principal—some of the great attorneys, I should think, I may never have seen—clerks have frequently signed the names of their principals—I believe the majority of consents given are signed by clerks—I think a consent to release a party from custody for debt may have been frequently signed in that way—I cannot call to mind any particular occasion.
COURT. Q. Would you take a consent for the discharge of a prisoner out of gaol for debt, signed by a clerk, as a sufficient authority for his discharge? A. I should say, if that clerk had been in an office that I knew, and had been conducting the proceedings throughout, I do not know that I should have had any objection, up to the present time—I should not in future, of course.
MR. PARRY. Q. As a general rule, the majority of summonses purporting to have the consent of the principals are signed by the clerk? A. In the majority of cases; but for the discharge of a prisoner for a large sum of money, I should not take it—I have known Howe practising for many years in the Judges' Chambers, and should say in all sorts of proceedings—when there is a summons at the Judges' Chambers, and one party is waiting for the other, it is the practice to call out the name of the cause over and over again—I did not on 27th April hear Howe call out, "The Queen against Blatchford," that I know of; I did not notice—I do not remember how long Howe was there upon that day—I cannot say whether he called out over and over again, "The Queen and Blatchford"—I do not remember at what time in the afternoon the order for the discharge was made—I have some-times known the clerks of Magistrates attend before the Judges with the depositions on questions of bail—it is a very noisy place sometimes outside the Judges' Chambers—I do not know that Magistrates' clerks have attended to oppose bail; they may have gone in—I do not attend inside, unless I am required to go in—another gentleman attends inside, but I take
it he would not take any notice of what was going forward before the Judge—applications are frequently made to admit persons to bail, who have been committed for trial—counsel have frequently attended to make such applications, and have handed in affidavits—attorneys have attended as well as attorneys' clerks—I do not remember a book of practice being looked at at the time these recognizances were being entered into—I do not remember assisting them as regards the form of the recognizance—they might have asked for the book of practice; I do not remember it—they would have had it if they had asked for it—sometimes it is asked for.
Cross-examined by MR. HORNE. Q. You say you have known Rickards for some years? A. I have; I cannot say for how many; it may have been fifteen or twenty—I do not remember his acting as clerk to Milne, Parry, and Morris, or to Poole, Greenfield, and Gamlin, or to Messrs. Rogers—I do not know to what particular parties he was clerk—I do not know how long I have known him acting as clerk to Mr. Hare—I did not know for whom he was acting—I do not mean that he was acting as clerk to different attorneys at the same time—he has changed from one office to another—I have no recollection what offices he was in—I have seen him in the habit of attending Chambers many years—he is very well known there—he has acted before this, in criminal proceedings—I do not recollect any particular instance—I can state positively that he has, but I cannot say in what instance—the person who wrote the words "Prosecutrix's attorney" must have stood not far from me—Howe was the nearest to me—he handed me the paper—I gave it him back again, and in the course of a very short time he handed it to me again, with those words added to it, and not dry—that leads me to infer that the person who wrote it was standing near to him, and certainly not far from me—I did not see Rickards that day to my knowledge—I believe he lives in the same neighbourhood as I do—he once came to me to swear an affidavit—he said he lived near.
MR. BALLANTINE. Q. You have been asked about Rickards and Howe acting as clerks to attorneys; do you know anything about their being clerks to any attorneys at all, except from what they described themselves? A. From their attendance there as clerks to attorneys; from their own representations—I know now that there is such a person as Mr. Hare—he was pointed out to me at Bow-street by somebody—I have seen Mr. Hare at Chambers, if it was Mr. Hare who was pointed out to me at Bow-street—I do not know, except from what Rickards himself represented, that he was clerk to Mr. Hare at all.
Q. Do you know whether there is any such person as Reuben Simpson? A. A person was pointed out to me this morning as Mr. Simpson—I do not know, except from Howe's representations, that he was clerk to that person; I have no knowledge of it—I was in the lobby of this Court when somebody said, "There is Mr. Simpson"—Howe has on many occasions, indeed I believe always, represented himself as clerk to Mr. Simpson—it is a very common case, so many summonses as we have, to take the signature of a clerk representing the principal.
Q. Do you mean that you would do so in such a case as the one in which the signature of Hare, as the prosecutrix's attorney, was signed? A. Knowing the party in this case, Mr. Howe, who has attended us upon so many occasions, and coming through his hands, I accepted it, because I did not know who gave the consent, I supposed it was given by Mr. Hare—I supposed it to be Mr. Hare's writing—if I had not supposed it to be Mr. Hare's writing, I should not have allowed the writ to issue.
Q. In the discharge of a person out of custody who has been charged
with a felony, is or is not the principal's signature necessary, or would the clerk's be taken? A. I say again, that would depend upon circumstances—in some offices where I know the clerk, and where he has conducted the whole of the proceedings, and I know that he is authorized to proceed and act in the matter, I should take his consent—until Mr. Hare was pointed out to me the other day, I did not know him as Mr. Hare—I knew him personally—I certainly should not have taken the signature of a clerk of a Mr. Hare—I should not have taken any signature but the principal's in that case, but in some cases, where I am acquainted with the office, and where I know the clerk is authorized to conduct the proceedings, and where he has conducted them throughout, I should take his consent—in this case I should not have taken the consent of any person representing himself to be clerk to a Mr. Hare, because I did not know Mr. Hare—if Howe had not represented this to be Hare's signature, I should not have allowed it to pass.
JURY. Q. If Howe had called out "The Queen against Blatchford" several times in the Chambers, should you not have heard him? A. I very likely might have heard him, but I should have taken no notice of it; perhaps there may be fifty persons calling out at the same time the names of the cases in which they are attending; we pay no attention to it; it does not apply to us—I do not know who it was that pointed out Mr. Hare to me at Bow-street—it was when we were attending in this case before the Magistrate, and some one said, "There is Mr. Hare."
MR. METCALFE. Q. It was the Magistrate himself, was it not? A. I do not know; some one said, "Here is Mr. Hare, brought here in custody from the Queen's Bench"—that was while I was being examined—I do not know that it was Mr. Hare.
MR. PARRY. Q. Has not Mr. Reuben Simpson also been pointed out to you? A. Yes, to-day, in the lobby—MR. Allen was not present at the time—some one said, "There is Mr. Simpson"—I cannot say who it was that said so.
FREDERICK MORRIS . I am clerk to Mr. Justice Wightman, and am a Commissioner for taking affidavits in the Queen's Bench. I administered the oaths to Howe and Thompson upon these affidavits on the day they bear date—they were afterwards handed to Mr. Justice Wightman, who was then sitting.
Cross-examined by MR. HORNE. Q. Have you known Mr. Rickards? A. Personally—I cannot say that I have known him acting in the different firms that have been mentioned—I knew him acting for Messrs. Rogers, of Westminster, I should say fifteen years ago, as their managing clerk—I do not remember how many years he acted for them—I do not know anything about his acting for Mr. Hare, further than was represented upon the day in question, the 27th.
COURT. Q. Do you know of his acting for Hare on the 27th? A. No, cannot say that he acted for him on that day.
MR. HORNE. Q. Then you have no knowledge of your own, of his acting for Mr. Hare? A. No.
JAMES ROGERS . I am a solicitor, carrying on business with my brother at Westminster. Rickards was in our employment—I think he left in 1841—I know his handwriting perfectly well—I have no doubt that the signature to this affidavit is his writing.
COURT. Q. Which is the part that you say is his writing? A. The whole of this: "I consent to the within bail. R. Hare, 27th April, 1854. Prosecutrix's attorney."
Cross-examined by MR. HONE. Q. That is his natural usual hand-writing? A. Yes—I recognized that as his writing at once—I think he was in our office five or six years.
THOMAS GOODMAN . I am a boot and shoe maker, and live in Chapel-street, Lamb's Conduit-street. I know Howe and Rickards; Howe I have known since the latter end of Oct., or the beginning of Nov. last; and Rickards from about the latter end of Nov.—I have been in the habit of seeing them frequently together at the Ship public house, in Clifford's Inn-passage; that is near the Judges' Chambers—I have heard them addressing each other as if they were acquainted—I have seen them there I may safely say upon twenty different occasions—I consulted Howe about getting my mother out—I went to him, thinking that he was a lawyer; I did not ask him the question, neither did he say that he was or was not—he undertook the business that I went to him upon—Rickards had nothing to do with that business—in the course of my communication with Howe, he told me that he could get me bail—I told him that I had bail—this was about Nov. last—he said there was an error in the case relating to my mother, and he would go through the case and get her out, and find bail for a certain amount of money, and the bail would not come to much—I said I did not require bail, as I had got two bail of my own, who had stood bail for my mother upon a former occasion—he said nothing to me about the bail swearing, or about money.
Cross-examined by MR. PARRY. Q. Is the public house in Clifford's Inn-passage frequented by the persons who attend the Judges' Chambers? A. I cannot say—I have seen a great number of persons there that I have seen at the Judges' Chambers when I have been there with Mr. Howe—my mother was then in prison—before she was taken into custody, she lived at No. 13, Brydges-street, Covent-garden—I live at No. 29, White Hart-street, Drury-lane—I do not live with my mother; I used to visit her regularly—I did not take my meals there regularly, I did sometimes—she was charged with keeping a brothel.
Cross-examined by MR. HORNE. Q. Will you swear that you have been upon as many as twenty or fifteen occasions to this public house? A. Yes—I went there on business with Mr. Howe—I have only spoken to Rickards upon one occasion; that was not at the public house, it was at my house—there were many other persons at the public house when I was there—I cannot tell you the name of one, except it was Rickards, Thompson, and Howe, and parties who went with me—I might know the parties by sight, but not by name.
MR. BODKIN. Q. On what occasion was it that Rickards came to your house? A. On the last morning that I was subpoenaed to attend here—he asked for Mr. Goodman, and I opened the door and said, "l am Mr. Good-man"—he said, "Do you rent this house?"-—I said, "Yes, I do"—he said, "Who is your superior landlord?"—I said, "I do not think proper to inform you"—he said, "I don't ask it out of any insult, but I am pressed by those who are conducting my business, to ask you"—I said, "I do not think proper to answer the question"—he said, "Do you know me?"—I said, "Yes, you are Mr. Rickards;" and that was all that passed.
GEORGE SMITH . I am waiter at the Castle Tavern, King-street, Cheapside. I know Howe and Rickards; I have known Howe for about eight or nine months, and the first time I saw Rickards was, I think, about seven months ago—I saw them in front of our bar; they were together drinking at lunch time—I knew they were solicitors; at least, I knew that Mr.
Howe was a solicitor, or a solicitor's clerk, I did not know which—I did not hear what Rickards was—he appeared to be in the same capacity as Mr. Howe—sometimes he had papers with him, and sometimes not—they were known to each other—I have seen them together two or three times; I won't say more, because I don't always notice persons there.
Cross-examined by MR. PARRY. Q. Is your house near Guildhall? A. Yes; the sittings there were on once when I saw Mr. Howe—our house is frequented by persons attending the police court and the Nisi Prius courts, attorneys' clerks and others—they were taking their luncheon.
CHARLES SMITH (policeman, F 87). I am the summoning officer at Bow-street. I served Rickards with a summons on this charge—I told him it was for conspiracy with Mr. Howe, and others—he said he did not know Mr. Howe, he did not know anything about it—I also served Howe, and told him the same—he said, "Gavin Rickards, who is Gavin Rickards? I don't know that I know Gavin Rickards"—I then described to him, as well as I could, what sort of a man Gavin Rickards was, and he said, "Well, I might have seen Gavin Rickards; I don't know that I have; I might have seen Gavin Rickards; it is very likely that I might have seen him"—I said he frequently attended Judges' Chambers—he said, "It is very likely I have seen him at Judges' Chambers when I have been there."
FREDERICK WILLIAM HILL . I am keeper of the House of Detention, Clerkenwell. I produce the commitment of Mary Ann Blatchford to that gaol—I also produce a discharge signed by Mr. Justice Coleridge—she was discharged on 27th April last, pursuant to that order.
JOHN M'ARTHUR . I am a colonel in the Marines, and reside at No. "25, Francis-street, Woolwich. I have lived there just a twelvemonth—a person named Blatchford was charged with having committed a robbery upon Mrs. M'Arthur, and I was bound over to prosecute—I employed Mr. Pearce, a solicitor, of Woolwich, to conduct the prosecution—I first instructed him on 17th April.
Q. Did you at any time employ or instruct a person of the name of Hare to act as your attorney? A. I know of no such person—I never heard of such a person until the name transpired in Court—I never received, or heard of any one in my house receiving any notice in reference to the discharge of Blatchford on bail—I had one female servant in the house, named Wilson—I had no other servant living in the house—on 22nd April there was no other servant in the house—I think I can conscientiously swear that I was at home the whole of that day, and my persuasion is that no kind of document was delivered at my house—I never saw one, and never heard of one—I have a memorandum here in my own handwriting, concerning the state of my health at that time—I should not wish it looked at—I was under a particular treatment of medicine at the time—it was made that evening—looking at that, I am able positively to say that I was at home all the day, and did not go out of the house—it was a wet day—I never heard of any application to discharge the woman until I got to the Sessions, and found that she was not there—I think that was on 4th May.
Cross-examined by MR. METCALFE. Q. My friend asked you whether you? had any other inmates; I believe you confined your answer to servants? A. I had a nephew there, and my wife; and a son slept in the house who came home at 8 o'clock in the evening—there was nobody else whatever.
MAY ELIZABETH M'ARTHUR . I am the wife of Colonel M'Arthur. In April last I was robbed by a person named Blatchford, who was committed for the offence—I never received any notice that any application was about
to be made to admit her to bail—I never heard of any such application being about to be made.
Q. Did you, in the course of that matter, ever employ a person of the name of Rickards or Hare to act for you or on your behalf? A. I did not even know such parties.
HARRIET WILSON . I was in the service of Colonel M'Arthur in April and May last. I remember hearing of my mistress being robbed—I attended at the Westminster Sessions when the trial of the woman who was charged with robbing my mistress, was to come on—no notice or paper respecting that woman was ever brought to me at my master's house by anybody—I never took any paper in at all—I have left the Colonel's service, and am at home now—I was the only servant in the month of April—I always answered the door when anybody came—I do not remember any man, or any one at all, bringing me any paper or notice, or anything of the kind—I never saw Thompson before I saw him at Bow-street, that I am quite sure of.
Cross-examined by MR. METCALFE. Q. How long was it before this matter was called to your attention, before you were asked about it? A. About a month—there are tax and other papers left occasionally, but then the gentlemen come in—I do not go out on errands to the shops; the tradesmen always call for orders—I very seldom have to go out—the beer is always brought by a boy; he brings the same quantity every day—I may go out, perhaps, now and then, but very seldom, except it is on Sunday afternoons to church.
MR. BODKIN. Q. If you do go out, would Mrs. M'Arthur be the only female left in the house? A. Yes.
MR. METCALFE. Q. At what time was it No. 17? A. I could not pretend to say at what date it was altered; I should imagine that it was some time before this matter happened—there could not be another No. 25 nearly opposite my house, because there are no houses opposite it; it is the dead wall of the Marine Barracks—I do not know of any other No. 25—I would not pretend to swear what the number of the houses are, for I really do not know—I never asked why the numbers were altered—I found on my door one morning No. 25, instead of No. 17—whether the house that was previously No. 25 was altered or not, I know nothing about.
MR. BODKIN. Q. On 22nd April last was No. 25 very plainly to be seen upon your door? A. I cannot say as to 22nd April, or as to any day in April—I cannot say when I saw it, whether it was in April, May, or June—I cannot say when it was altered, or whether it was before or after the robbery.
MRS. M'ATHUR re-examined. I remember seeing the No. 25 upon the door—it was altered before this transaction took place; I am quite certain of that—at that time No. 25 was on the door in brass figures.
MR. METCALFE. Q. Are there not some houses on the other side, before you come up to the Barracks? A. There is the Lieutenant-Colonel's, the Second Commandant's, but no numbers—I do not know of "No. 26, late No. 33," being on any house on the opposite side of the street—I cannot tell whether it is so or not; I can only say that there are no houses opposite us—as to any number in the street besides our own, that T cannot say anything about.
EDWARD WANDERER TOWNSEND (police inspector, M). I know the defendants Thompson and Howe—I have repeatedly seen them in company together in the City, and in the borough of South wark, generally at the police courts, up to within these three months.
JAMES PEARCE . I am a solicitor, at Woolwich. In April last I received instructions from Colonel M'Arthur, touching a robbery which had been committed upon his lady—I never heard that any application was about to be made to a Judge to admit the woman Blatchford to bail—my managing clerk went to the Sessions in reference to the case—up to the time of the trial I heard nothing about any application being made.
Cross-examined by MR. PARRY. Q. You never made your appearance in Court in the course of these proceedings? A. No—I was not present at the police court, nor was any one there on my behalf—I was not at the Sessions, my managing clerk attended there—I was instructed on 17th April; that was some time after the committal—I am not aware that any one attended for Colonel M'Arthur before I was instructed.
Cross-examined by MR. PARRY. Q. Do you live at No. 4 yourself? A. I do.
JAMES WOOD . I am in the office of the clerk of the peace for Middlesex. I produce the depositions and recognizances in the case of Blatchford—(These recognizances appeared to be acknowledged on 27th April, before Mr. Justice Coleridge, and the parties bound were, William Blatchford, William Hughes, of the Sportsman beershop, Grange-road, Bermondsey; and William Bock, of No. 4, Beaumont-square, Mile End-road, bookseller.)
WILLIAM CLARK re-examined. I cannot tell in whose handwriting these recognizances are—I have no belief about it—they were taken before the Judge through me—these parties attended, and entered into recognizances—not being opposed, they did not go before the Judge.
MR. PARRY. Q. Was William Blatchford with Mr. Howe? A. I believe he was; he was produced by Mr. Howe, as the husband of the prisoner—it was because he was her husband that he was ordered by the Judge to become one of her bail—I only saw him once—if the woman had not been represented as a married woman, her own recognizance might have been taken.
HOWE— GUILTY .
THOMPSON— GUILTY .
RICKARDS— GUILTY .
Confined Eighteen Months.
NEW COURT.—Wednesday, September 20th, 1854.
PRESENT—MR. RECORDER; Mr. Ald. FINNIS; Sir ROBERT WALTER
CARDEN, Knt., Ald.; and Mr. Ald. ROSE.
Before Mr. Recorder and the Fifth Jury.
PLEADED GUILTY of Receiving the Property. Aged 24.— Four Years' Penal Servitude.
MR. O'BRIEN conducted the Prosecution.
MARTHA BAKE . Between 8 and 9 o'clock, one evening, I was going through Fenchurch-street, on my way home—I saw Mr. Taylor there—he appeared the worse for liquor—I saw the prisoner standing at the corner of Cullum-street—MR. Taylor was crossing Cullum-street—the prisoner went up to him, and put his face to Mr. Taylor's face, and Mr. Taylor said to him, "Do you know me?"—the prisoner said, "Do you know me?"—the prisoner then took hold of Mr. Taylor's stick, and they wrestled, and the prisoner took hold of his legs and threw him down—they both fell down—it was a very heavy fall that Mr. Taylor had—some gentlemen then came up, and endeavoured to part them—I was not more than the space of a yard from them—they raised Mr. Taylor up—they called on others to assist—they said, "For God's sake, come, or he will kill him"—they separated, and the prisoner ran across the road—I did not see whether he had anything in his hand at that time—three policemen came up, and two of them followed the prisoner, and one remained with Mr. Taylor—they brought the prisoner back, I think, in about five minutes—I remained there, and I saw the policeman overtake him—I had lost sight of him—I saw him afterwards in custody of the policeman—I am sure he is the same man that I saw attack Mr. Taylor—I did not see him do anything when he had Mr. Taylor down—the men came between them and me.
Prisoner. Q. What time was it? A. Between 8 and 9 o'clock; I cannot tell whether it was on Tuesday—it was about the middle of the week.
Prisoner. I know nothing about it.
SAMUEL GLOVER . I am a poulterer, and live in Plough-court, Seething-lane. I was in Fenchurch-street on the evening of Wednesday, 30th Aug., a little before 9 o'clock—I saw Mr. Taylor—I had known him formerly, but I did not recognize him on that evening—he had a cane in his hand, and he appeared a little the worse for liquor—I saw the prisoner, and I heard Mr. Taylor say to him, "Do you know me?"—the prisoner was then standing in front of him—the prisoner then took his stick, and wrestled with him—he then dropped the stick, took him by the legs, threw him down, and fell on the top of him he wrestled with him, and put his left hand into his right hand waistcoat pocket, and his right hand was in Mr. Taylor's neckerchief—on that I interfered, and assisted in turning the prisoner under, and Mr. Taylor on the top of him—when I did that I felt his hand in Mr. Taylor's trowsers' pocket—we had considerable difficulty in rescuing Mr. Taylor from him—four or five gentlemen had to assist—he grasped him round the middle, and held him there—the prisoner then crossed the road, and went down Mincing-lane—I followed him—there is a gas lamp there, on the left hand side, and he looked at what he had in hand under the gas lamp, and went on further down the lane—I could not see whether he had anything in his hand—there was only myself after him at the time—he went to the top of Mincing-lane, stood at the corner, and then turned and came towards the mob again—sergeant Flory was amongst the mob—the prisoner went towards the mob, and then he turned and went towards Whitechapel—he did not run; he walked hastily—I pointed him out, and sergeant Flory took him—I went back with the policeman, when he had him in custody, to where Mr. Taylor was—I had seen the prisoner looking at something under the lamp—I went with the policeman to that lamp after the prisoner was in custody—I saw this portion of the waistcoat, and a portion of
a letter, picked up under the lamp where I had seen the prisoner look at something.
WILLIAM OWEN . On Wednesday, 30th August, I was in Fenchurch-street, at the corner of Cullum-street—I and Glover were going home—I saw the prisoner catch hold of Mr. Taylor's legs, and throw him down on the back of his head; the prisoner was on the top of Mr. Taylor, and he had his hand in his trowsers' pocket, and he tore away part of his waistcoat pocket—I and three or four men tried to part them, and we had a very hard job to part them, he held him very tightly by the throat and handkerchief.
Prisoner. Q. Where did you see me? A. Standing at the corner of Cullum-street, against a painter's shop.
Prisoner. I had not reached that part.
MATTHEW HENRY TAYLOR . I am a hatter, and live in Stebon-place, Stepney. I was in Fenchurch-street on the night of the 30th August—I had been drinking somewhat that evening—I have a slight recollection of being assaulted that evening—I had this waistcoat on (looking at it)—I had a few halfpence in the right hand pocket of it, and a letter which I had begun to write, but had not finished, in the same pocket; this is it (looking at it)—I had a flute in my hat; the flute was in pieces—I missed the coppers when I was walking with the policeman, and I found that the whole of my pocket had been torn away—I have some slight recollection of a scuffle.
COURT. Q. Are you quite sure that you had any coppers about you? A. Yes; I remember having them last when I left Lime-street, and was walking home—I believe I had two or three halfpence; I do not know; I know I put some in my pocket, and I had not used them—I had put them in my pocket at the Ship, in Lime-street—I believe I did not pay for anything there; I believe what I had there was a bottle of soda water and some brandy; I believe I did not pay for it that evening.
JURY. Q. Did you bring that money from home in the morning? A. In our business we often bring money to the shop for necessary expenses—we take a few halfpence and put them on the shelf—the last thing I did, I took them down, and put them in my pocket about 7 o'clock.
COURT. Q. Were you sober? A. A great quantity of liquor had come in, and I paid a portion of it—I do not remember what money I had that day, or what I changed.
ISAAC FLORY (City-policeman, 57). On the night of 30th Aug., about 9 o'clock, I was called, and saw Mr. Taylor in a mob of people—he had this waistcoat on—I did not observe at the time that it was torn—he was standing up, but he was under the influence of liquor—I observed the appearance of ill treatment about him—I believe his hat was off—I went down Fenchurch-street, and saw Mr. Glover; he pointed the prisoner out to me, who was then in Fenchurch-street, past Ironmongers' Hall—he was walking very fast, in a direction of Whitechapel—I went to him and said, "I shall take you into custody for assaulting and robbing a gentleman at the corner of Cullum-street;" he said he knew nothing about it—I observed that he kept his left hand closed or shut—I said, "What have you got in your hand?" he said, "Nothing"—I took hold of his left hand; I opened it with a great deal of difficulty, and I found in it one penny—I brought him down to where Mr. Taylor was, and Mr. Taylor said, "That is the man who assaulted and robbed me"—I took the prisoner to the station; Mr. Taylor went with me—the prisoner was searched, and nothing was found on him
—after I had left him at the station, I, and Glover, and Owen went to Mincing-lane, and under a lamp which Glover pointed out, I saw this portion of this waistcoat, found by Owen, and this paper was picked up by him, and handed to me—this flute was handed to me by Owen—when we went to the lamp, Mr. Taylor was gone home; I did not see him again that night—I saw this torn waistcoat next day at the Mansion House.
Prisoner. I was standing still when you came to me. Witness. No, you were walking quickly—I did not take a biscuit from you till you were at the station—a portion of a biscuit was taken from you there.
WILLIAM OWEN re-examined. I went back with the policeman to the lamp, and picked up this piece of the waistcoat and the letter under the lamp—I then went back to where the row was, and picked up these two pieces of the flute.
Prisoner's Defence. The prosecutor ran against me drunk; I pushed him on one side; he came against me again and took hold of my collar, and tore my shirt; I pushed him down, and we rolled over several times, and 3s. 8d. were taken out of my belt; it must have been taken in the scuffle; I had just come on shore at the Custom House.
COURT to ISAAC FLORY. Q. When did Taylor first complain of being robbed? A. In the mob—he told me then of a purse and two or three shillings in silver—nothing was said about copper—I did not hear of that till at the Mansion House—the prisoner did not complain of having lost any money out of his pocket.
Prisoner. It was dark; they could not see me put my hand in his pocket; what I told the policeman was that I had nothing of his.
GUILTY .* Aged 31.— Four Years' Penal Servitude.
MR. PAYNE conducted the Prosecution.
MATILDA ANGELINA PORTER . I am single, and live at Furnival's-place, Holborn; I am an envelope folder. Last Friday evening, 15th Sept., I was in Holborn, about half past 9 o'clock in the evening—I was on the right hand side, at the corner of Leather-lane—when I got to the corner, there came on a slight mizzling rain—I was walking along, and all at once the prisoner caught hold of me in a very rude manner—it was rather an insulting manner—I thought he was tipsy—he was before me, and I felt his hand in my pocket—I caught hold of him by the collar of his coat, and I saw my handkerchief in his hand—it was a white handkerchief, and it contained 9s. in one corner and 2s. in another corner—while I had hold of his collar, he passed the handkerchief over my shoulder to a woman in a red shawl—that handkerchief had before been in my pocket—I still held the prisoner by the collar, and called for help—I begged him to give me back my money for the sake of my widowed mother, and I would not have him locked up—he struggled very much, and gave me a severe blow on the left side of my face—a young woman who is here, Caroline Marchant, assisted me in holding the prisoner—when she took hold of the prisoner, he gave her blow too—he did not get from me at all till I gave him to the policeman.
Cross-examined by MR. BALLANTINE. Q. You had not known this other woman? A. No; I never saw her to my knowledge—she came up and seized the prisoner likewise, she held him by the arm—she lives in Holborn, on the opposite side to me—I said to the prisoner, "Give me back my
money, I don't wish to harm you"—I saw him hand my handkerchief over to a woman—I did not follow the woman, because the prisoner took the money—I knew he handed the handkerchief to the woman, but I could not say at all whether he had untied it or not—it was raining very slightly; it had that moment come on to rain—the prisoner was not in the dress he has on now, he was dressed very shabby, and had a cap on his head at the time—I kept him.
CAROLINR MARCHANT . I live in King's Head—court, Holborn. Last Friday evening, at half past 9 o'clock, I was coming down the narrow part of Leather—lane, by the chocolate shop—I was coming towards Holborn with some cheese for my supper—I heard a female scream, and saw a man struggling with her—the woman cried for help, and when she saw me, she said, "O pray, mistress, assist me"—I asked her what was the matter; she said, "The man has robbed me"—she had hold of him by the collar of the coat—she screamed about her mother, what would her widowed mother do, he had taken her money—I said, "Don't make such a noise," and I took hold of the prisoner by the arm—he struck me in the mouth, which bled very much; and he scratched me on the hand, because I held him—I said, "You are no gentleman; if you are innocent you have no need to be frightened?"—he then had a cap on—I assisted in holding him till he was given to the policeman.
EDWARD JOSEPH DUDLEY (City-policeman, 258). I saw the two females holding the prisoner when I came up, and the prosecutrix charged him with stealing 11s. rolled in a white handkerchief—he was then dressed in a short Tweed coat, and a cap on—when he was charged, he said, "Recollect what you are saying; I am well known here"—I took him to the station, and found on him 8s. 9d.
MR. BALLANTINE to MATILDA ANGELINA PORTER. Q. Did you not say, "I will take half the money?" A. I do not recollect that—I was so excited I scarcely know what I did.
MR. BALLANTINE to CAROLINE MARCHANT. Q. Do you recollect that expression? A. No; I said, "Give the woman her money, and she will let you go."
(The prisoner received an excellent character from a number of respectable persons.)
NOT GUILTY .
MR. LILLEY Conducted the prosecution.
GEORGE SCOTT (City-policeman). I was on duty on London—bridge, on the morning of 30th Aug., about half past eleven o'clock—I saw the prisoner there—I saw him go up to a lady, and put his left hand into her pocket, and as soon as he pulled his hand out of her pocket he put both his hands together—I took hold of both his hands; I took this purse from his hand—I spoke to the prosecutrix.
MARIA TURNER . I am single—I live in Cockspur-street—I was on London—bridge on 30th August—I was spoken to by the officer, and my purse was in his hand—I had had my purse safe at the corner of London-bridge—this is it.
(The prisoners step—mother gave the prisoner a good character, and stated that he was going to sea).
(The turnkey of the Mansion House stated that he had been twice summarily convicted).
GUILTY . Aged 13.— Judgment Respited.
WILLIAM PARSONS . I am a butcher, and live at Cow-cross—I was in Newgate—market on 7th Sept., at a little before 9 o'clock in the morning—I saw the prisoner come directly to Mr. Elmer's hooks, take two hindquarters of mutton, and walk away with it.
Prisoner. He is a false man; why did not he stop me? Witness. I went directly to Mr. Elmer, and told him of the circumstance—the prisoner passed at the back of Mr. Elmer's house, and Mr. Elmer and I overtook him with the mutton.
BARNABAS DIXON ELMER . I am a salesman in Newgate-market, and am in partnership with Mr. Dixon—in consequence of information on 7th Sept., I followed the prisoner with the meat to White Hart—court, Newgate-market—I overtook him with two quarters of mutton—I missed that mutton from my place.
Prisoner. About twelve months ago, I picked up a hamper near Mr. Elmer's shop, and he never gave me anything for it.
GUILTY .— Confined Six Weeks.
(MR. BODKIN offered no evidence.)
NOT GUILTY .
THOMAS MAUGHAM . I am a cabinet maker—the prisoner is my nephew, and he is in the same trade—I live in Worship-street—I work for Mr. Udall, No. 37, Skinner-street—the prisoner worked under me for six months—during that time I have lost a hand screw, a scraper, a guage, skate irons, and other things—I have seen them since in possession of the officer—I do not know when they were taken—the last time I saw them was on the 4th or 5th Sept—I saw the tools at Mr. Humphries', in Gee's-court—the prisoner worked with me till lately; till within the last three weeks—he left without notice—he lived in the same house with me, and Mr. Udall came and searched my house—I afterwards met the prisoner in Worship—street, and in consequence of what had been said to me, I asked him how he came to report that I had got the men's tools—he said I had got them in my room—I said he had token his box away; I wished to search his box—he first said he had no box, and then he said it was at his aunt's—I took him with me, and he then said he had got nothing there, what he had got was down at his brother's, at the back of Shoreditch-church—there is a person named Eaton there; he is one of the owners of the tools that were lost, and he promised him if he told where the tools were he should not be hurt—I afterwards went to Mr. Humphries; I there found the box and my tools—I was present when the prisoner was searched; six pencils belonging to me were found on him, and a needle book belonging to my wife.
DANIEL WHALL (City-policeman, 650). I was sent for to Mr. Udall's shop, and found the prisoner there—MR. Udall gave him into custody—as we were going to the station, the prisoner said he did not see why his uncle should not be taken as well as him, for his uncle stole the tools and gave them to him to sell—he mentioned that his brother had been with him, and that his uncle tried to get his brother into a similar scrape before—I found on the prisoner these six pencils and this needle case—these are
the tools that came from Mr. Humphries; a hand screw, two skate irons, a guage, and scraper—I did not go for the tools myself; they were given me by another officer—the pencils were not claimed.
THOMAS MAUGHAM re-examined. These are my articles; they were in the shop where I work, at Mr. Udall's—I did not claim the pencils—I said to his brother in the station, "These are mine, but I shall not say anything about them," and I did not—I did not know that I had any cause to claim them then—I did not steal these things.
THOMAS HUMPHRIES . I am an ironmonger, in Gee's—court, Oxford-street. On Friday, 1st Sept., the prisoner's aunt came to my place; the prisoner was a little way behind—he afterwards came with his aunt, and then his aunt asked me if I could buy old tools—I said, "What sort are they?"—she said, "Carpenter's tools; my nephew has made up his mind to go to sea, and a few shillings will be useful to him"—I said, "Well, bring them over;" and instead of her bringing them, the boy himself brought them, and I gave him 5s. for them—late that night the prisoner's uncle and two young men came—that was at half—past 10 o'clock—I had bought the tools at 11 in the morning—shortly after these persons came the prisoner came, and his aunt came with him—they had first asked me if I had any tools—I said, "Yes"—I produced the box—the uncle opened the box, and laid hold of some tools; and he said, "These are mine, you rascal"—the prisoner said, "If it comes to the truth you stole them first, and gave them to me to sell"—I told him to go away about his business, and he went away.
WILLIAM PEERLESS . I am a cabinet—maker, and work at Mr. Udall's. On Friday night, 1st Sept., the prisoner called on me—I had been complaining of losing took—the prisoner told me his uncle had been carrying away a number of small tools from the shop, and if we went we should find them in his room—I went to the uncle's room and searched, but found no tools there—the uncle went with me, and we met the prisoner in Worship-street—we took a cab, and went to Robert—street, Oxford—street, to the boy's aunt, who is the sister of this uncle—I did not go into the room.
Prisoner. My uncle gave me the tools, and told me to sell them.
COURT. Q. Did you ever give him these tools to sell? A. No; I did not—they were tools I was using at Mr. Udall's.
(Mr. Udall gave the prisoner a good character.)
1005. WILLIAM MAUGHAM was again indicted for stealing 1 hand screw, value 1s.; the goods of John Eaton: 1 stock, and other goods, 7s. 6d.; the goods of John Martin; and 1 plane—iron, and 1 centre—bit, 1s. 6d.; the goods of William Peerless.
JOHN EATON . I am a journeyman cabinet—maker, and work at Mr. Udall's—the prisoner and his uncle were working there at the same time, and in the same shop—we have been losing tools since Christmas—I missed this hand screw about a month ago—I had been in the habit of leaving it mostly against the end of the bench—sometimes there were a dozen left there after I went—the prisoner has been left there—he had no authority to take any tools away—we lent tools to one another, but not to take away—after I missed this hand screw a great many things were missed by other workmen—this is my hand screw (looking at it)—I went to Mr. Humphries and found it there—I had before that seen the prisoner, and promised to let him off if he would tell where the hand screw was; but before that he
had come to a public—house where I was, and said the things were at his uncle's, and his uncle had been stealing them—he said the box was at his aunt's, and I went, and it was not there—in consequence of what he said I went to Mr. Humphries, and found this hand screw amongst other goods.
JOHN MARTIN . I am a journeyman cabinet maker—I was working at Mr. Udall's—I lost a great many tools—some of my tools are here—these different planes are mine, and these four chisels, and these centre—bits are all mine—I do not know when I missed these tools—I have been losing tools ever since Christmas.
WILLIAM PEERLESS . I worked at Mr. Udall's—I missed some tools—this plane—iron and plug—bit are mine—I missed them from Mr. Udall's—in consequence of what the prisoner told me, that I should find the tools at his uncle's, I went there, and found none—his uncle proposed to go and search the prisoner's box, which had been removed from his uncle's—we met the prisoner, and asked him where his box was—he said at his aunt's—we went, and found the box at Mr. Humphries', and these things were in it.
THOMAS HUMPHRIES . These goods were amongst the goods that I bought of the prisoner and his aunt, and gave 5s. for them—the prisoner did not say that his uncle had given them to him to sell—his aunt is not here; she was at the Mansion—house, but was not called.
GUILTY . Aged 16.— Confined Nine Months.
THIRD COURT—Wednesday, Sept. 20th, 1854.
PLEADED GUILTY . Aged 13.—Recommended to mercy.—Judgment respited.
MESSRS. GEAREY and DALBY conducted the Prosecution.
EMILY STANLEY . I am the daughter of Sarah Stanley. On Wednesday evening, 13th Sept, the prisoner came to our shop for half—an—ounce of tobacco—I served him; he gave me half a crown—I kept it in my hand, gave him the change, and then went round the counter and saw him running up the street—I ran to the back door, and gave the half crown to my mother—on Saturday, 16th Sept., the prisoner came again for half an ounce of tobacco, and offered me half a crown—I found that it was bad, and said, "You came here on Wednesday night, and gave me another"—he said "No," and that if I would allow him to go he would pay for the tobacco—I said, "No," and screamed out—the next door neighbour, Henry Rogers, came, and I gave him the half crown—the prisoner was there only about two minutes the first time, but I recognised him when he came on the Saturday, and that made me look at the half crown.
standing against the fence which separates Mr. Stanley's shop from ours, and saw the prisoner go into Mr. Stanley's shop—I took particular notice of him, being a stranger—in two or three minutes I saw him running up the street—I saw him again on Saturday evening, and saw Emily Stanley in the act of seizing him—I have no doubt of his being the same man whom I had seen on the Wednesday, and I said, "You are the man I saw in the shop on Wednesday evening"—he said, "Oh, yes!"—I said, "I will swear to you"—he said, "Yes, swear a man's life away."
SARAH STANLEY . I am the mother of the first witness, I recollect her giving me a bad half crown on Wednesday evening—I put it into this purse (produced), which I never carry any money in—I kept it in my pocket all the week, and gave it to a policeman on Sunday morning—it is the one I received from my daughter.
HENRY ROGERS . I am a neighbour of Mrs. Stanley. Last Saturday evening Emily Stanley came to me screaming; she gave me a counterfeit half crown in the prisoner's presence, and said that he was the same man who had given her a bad one on Wednesday evening—he said that if I would let him go, he would bring the halfpence presently for the tobacco—I kept the half crown, and gave it to the policeman.
JOSEPH RACKSTRAW (policeman). On Saturday evening, 16th Sept, I saw the prisoner close to Mr. Stanley's door—Emily Stanley gave him in charge—I produce two half crowns, one of which I received from Sophia Wheeler, and the other from Henry Rogers.
Prisoners Defence. It is not feasible that I should go there twice; I should expect to be recognised; I was never there in my life before the Saturday night.
GUILTY .— Confined Six Months.
Before Mr. Justice Crowder.
PLEADED GUILTY . Aged 33.— Transported for Fourteen Years.
(MESSRS. CLARSON and GIFFARD, who conducted the prosecution, offered no evidence against Green.)
NOT GUILTY .
(Wilson also pleaded guilty to three other similar indictments.)
MESSRS. CLARKSON and GIFFARD conducted the Prosecution.
(MR. ROBINSON, on behalf of the prisoner, objected to MR. CLAMOR opening to the JURY evidence of the uttering of forged notes, subsequently to the one in question; MR. CLARKSON stated, that he offered it as proof of guilty knowledge, and that it was the constant practice to do so. The COURT having consulted, MR. JUSTICE ERLE was of opinion that evidence could be given of a subsequent uttering, occurring about the same time as that in question, and as in this case the subsequent uttering being within a fortnight of the former one, the evidence was receivable).
HANNAH BANFIELD . I was lately assisting Mr. Brown, a baker, of No. 3, High Holborn, as shop woman; it is a post—office as well. On 27th July, a little before 9 o'clock in the morning the prisoner came, and I served him with a penny loaf, which he paid me for with 1d.—he then said,
"This is a post-office, I will take 1l. worth of stamps if you will give me change for a 5l. note"—he gave me a note folded which I took into Mr. Brown, who came into the shop and gave the prisoner the change, and I gave him the stamps—he said he would take 30s. worth of stamps, and I gave him an additional 10s. worth—I have not the least doubt that the prisoner is the man—I saw him next in the cell at Bow—street with many others, and picked him out.
Cross-examined by MR. ROBINSON. Q. Were you told that he was there? A. No; I understood that he was at the station from Brown, who said he had apprehended the prisoner the day previous—it was on a Wednesday, in the beginning of Aug. that I saw him—nearly a fortnight after I saw him in the shop—I had never seen him before—I do not know Franks—I had never seen him before, but he may have been in the shop without my taking any notice of him, as so many persons come to the shop; we have a great many customers.
EDWIN CHARLES BROWN . I keep a baker's shop and post—office, in Holborn. On Wednesday, 27th July, about 9 o'clock in the morning my servant brought me this 5l. note (produced), it was very yellow and dirty—I put it in my cash box—I had other notes there, two 10l. and one 5l. notes, and I paid them away about 1 o'clock to Mr. Potter, who came from the Post—office (MR. Potter calls one week, and Mr. Gray another week, they come on Thursdays)—the other 5l. note in the cash box was clean—I paid Mr. Potter 30l., two 10l. notes and two 5l. notes, one of which was the one that I received from the prisoner—it is my practice to put the Post—office stamp upon the notes I pay to Mr. Potter—this "Holborn Ban," in green ink is the stamp I so put on—I saw the prisoner leave the shop—there was no writing on the note when I received it—these two 10l. and this 5l. note (produced), are the other notes I paid to Mr. Potter; they are stamped in the same way, and I swear to them—on the following day I saw Mr. Potter, and, he returned me the dirty 5l. note.
Cross-examined. Q. Have you any independent recollection of where you got this genuine 5l. note, except from what is on it? A. No; I cannot tell you who I took the two 10l. notes of—I am in the habit of taking a good many notes, but it is only those that I pay to the Post-office that I stamp in this way—I cannot positively swear to the prisoner, but to the best of my belief, he is the man—my cashbox locks, and I keep the key; when my wife goes to it she has to ask me for the key, if she does not know where to find it; she goes to it when she likes, but she does not generally give change for notes—I know Franks by seeing him come into the shop occasionally—I cannot tell how long he has been a customer—I have been in the shop three years, and his face is not very familiar to me, but I recognised his features.
MR. CLARKSON. Q. Do you recollect Franks coming to the shop in Aug. when you were complaining of the loss? A. Yes; and I saw him—I am perfectly sure that I took this 5l. note on that day, at 9 o'clock; I had put no other notes into the cashbox before the collector came.
CHARLES JAMES POTTER . I am a collector in the service of the Post-office; it is my duty to collect the money received from the office keepers for postage matters—on 27th July, I received these four notes produced, from Mr. Brown, of High Holborn, and on reaching the General Post—office, I made my mark on them—they were, according to the ordinary practice, sent to the Bank of England next day to be carried to the public account
—one of them was returned to me on the 28th—that was the dirty note; I immediately returned it to Mr. Brown.
WILLIAM CROFTS . I am clerk to Richard Baines Armstrong, of Staple Inn. This is my mark upon this clean 5l. note, that was written on it before I parted with it—if I want change, I give a note to the junior clerk to get it.
GEORGE KINGSTON . I am barman to Mr. Wakeford, the landlord of the Red Lion public house, Batty—street, Commercial—road East. On Friday, 11th Aug., the prisoner came to the bar between 4 and 5 o'clock in the afternoon, and called for a quartern of gin and a cigar; he paid me with a 6d., and then asked me if I could give him change for a 10l. note, pulling one out of his pocket, and handing it to me—I handed it to my master in the bar parlour—I looked at it; it was pasted at the back with two strips of postage stamp edging, the same as this one (produced)—here are to distinct strips of paper in it—MR. Wakeford then came out, and asked the prisoner to write his name and address on the back of it; a pen and ink were supplied to him, and he wrote something on the back of the note and handed it to Mr. Wakeford again, who looked at it, and said that it was so small and indistinct he could not read it, and declined changing it—the prisoner then said that his was a foreign name, and gave Mr. Wakeford a card to prove his respectability; Mr. Wakeford still refused to change it—before he gave the card he asked Mr. Wakeford to produce another note; Mr. Wakeford did so, and handed it to the prisoner, who folded it up, rubbed it with his hands, and then said it was a new note and would not look the same as his, it had not been worn so, and that his was an old note—this (produced) is the card he handed to my master—MR. Wakeford still refused to change the note, and the prisoner left the shop taking it with him—on Wednesday, 23rd Aug., I accompanied my master to the police court, Bow—street—I believe this 10l. note to be the one I handed to my master from the prisoner.
Cross-examined. Q. You were not before the Magistrate? A. Yes, I was examined—the prisoner went away about ten minutes after giving the card—I did not make any inquiries about him—I did not at the time notice these words, "Price 1d. per label," on the paper on the back of the note—I merely noticed that it was a bit of paper of this size and colour.
MR. CLAKSON. Q. Did you notice whether it was adhesive paper? A. Yes, I did, when the note was first given to me.
THOMAS WAKEFORD . I am the landlord of the Red Lion, Batty—street, Commercial—road East. I was in my parlour on this afternoon; Kingston brought me this 10l. note to change for a customer—I examined it, went out, saw the prisoner, and asked him to write his name and address on it—he wrote something on the note, but so illegibly that I could not see it, and told him so—he asked me if I had any doubt about the note, and said his name was Restieux—I said I had no reason to doubt it—he asked me if I had another note—I produced a 10l. note, and handed it to him—he rubbed it in his hand, which he said would give it the same appearance as his note—I unfolded it, and said that my note had a very different appearance to his, and that I could trace no watermark in his note—I believe he then said, "If you have any doubt about it, don't change it"—I said, "You will excuse me, I must decline changing it"—he gave me this card (produced) to prove his respectability, and then left—I have had it in my possession
ever since—this is the 10l. note produced by the prisoner; I have not the slightest doubt about it.
GEORGE FRANKS . I am a law stationer by business, and live at No. 39, Southampton—buildings, Holborn. In Aug. I was managing the business of Messrs. Atkinson, of 94, Chancery—lane—I have known the prisoner three years and upwards; he was in the habit of coming to see me at Mr. Atkinson's daily, or nearly so—when I have been obliged to go away, I have frequently left him in charge of the shop—I remember his apprehension; about a week previous to that, he came to Messrs, Atkinson's to me, and said that he had hit upon a dodge that would be of advantage to me as well as to himself, of making money—he enjoined secrecy on my part, that I was not to mention what it was if I did not approve of it—he then produced a 5l. note to me, told me that it was a duffer, and asked me what I thought of it—I looked at it, and told him I thought the paper was too thick—he said that I should not have known it was a duffer, if he had not told me—I said, "Perhaps not"—he said he could get them for 1l., and 10l. notes for 30s.; and if in receiving money for my employers in the shape of notes I would ring the changes, we could divide the profits between us; that is, to take one of his notes, and substitute it for the other—I declined having anything to do with it, and said that my books would show all notes I had, and that I could not show any note transaction without producing the persons from whom I received them—a day, or not more than two days afterwards, he adverted to the subject again, and pressed me to have something to do with the notes; I declined, and he said that the notes passed without difficulty, and that they went to the Bank without detection; that there was no fear, and that he had done one himself in Holborn, and one down Commercial—road way, but did not mention the place—on a subsequent occasion, probably next day, or a day or two afterwards, he produced to me a 10l. note, and asked me what I thought of it—I said I liked the appearance of that much better than the other, but still I declined having anything to do with it—he still endeavoured to persuade me, but I declined, and was perplexed in my own mind as to what method I should adopt; I thought it dangerous having any connection with any such transactions—on the last occasion, or last but one, he said if he was detained, or any inquiry made, would I state that I had given him the note, and my being in a respectable position, and admitting it, no further inquiry would be made—I am frequently in Mr. Brown's shop, and I went in there accidentally when he was making a statement about a 5l. note; having heard which I gave information to the police, and the prisoner was apprehended—I had one conversation with the prisoner previous to my giving information—I gave information on the same day as the last conversation; that was the day before his apprehension, and a fortnight or three weeks after I had been in Mr. Brown's shop—on the evening before his apprehension, and after I had given information to the police, the prisoner came to me between 8 and 9 o'clock (I had given information between 4 and 5 o'clock that same day)—he came to endeavour to persuade me to pass some of these notes, and produced an old 10l. note with a patch on the back of it—this (produced) is it—he said he had some difficulty in changing it, as it was so defaced, and he wanted to make it appear that it had been in circulation, by having some names on the back, and wanted me to put my name; I declined doing so—he said he thought I was going to be treacherous to him, as I would not aid him—I said, "No"—he said what hesitation could I have, "Write Brown, Jones, or Robinson, or any other name"—I ultimately wrote,
"William Johnson, 144, Strand"—I wrote it purposely in red ink, that I might know it again—he then asked me to put the date, and I put "12: 8: 04."
Cross-examined. Q. You put the date of the transaction itself? A. No—I put another date, at his request, to make it appear some days ago—I put 12:8: 54," at his request; this was after I had given information—I met a policeman in the Strand, whom I had known cursorily before, and gave information to him—I was very much shocked, and determined to have nothing to do with it—I knew the expression duffer in other things, in watches—I was charged eight or nine years ago, and Mr. Clarkson defended me—it was for being connected with a solicitor's clerk in getting a stamp allowed at the Stamp—office—it was for making a false affidavit—I only got two days' imprisonment as a sentence, as I had been in prison about five weeks—I have not been in any difficulty since; that I swear—my house was never burned down, nor the premises, nor were they ever on fire—I have never been charged with attempting to defraud an insurance office—I think the next time I saw the prisoner, after he had mentioned about the duffer, was at the South Eastern Railway; I used to be employed there, and he used to come there to me, and likewise to the shop in Chancery—lane, in the evening—it was in 1848 that I was convicted—I have been calculating it, and I have found now that it is six years ago—it was in June—the prisoner has met me at the railway, and dined with me; it was only on three or four occasions that he told me what a good thing I could make of it—it was on the last occasion that he said he hoped I was not going to be treacherous—I told him I was not going to do anything of the kind, and said, "What should make you think so?"—I might have said, "No," but I said, "What should make you think so?"—I cannot say that I did say, "No"—I did not know Mr. Brown, to speak to him, previous to this transaction, but I have dealt at his shop for the last eighteen months—I have had cash transactions with the prisoner, but never any notes.
JAMES BROWN (policeman, F 142). On Tuesday, 15th Aug., I took the prisoner, in the Strand, and told him he was charged with uttering a forged 5l. note at the corner of Gray's Inn—lane—he said, "I don't know anything about it; you have made a mistake in the person"—I searched him at the station, and found on him this 10l. note, which I took to the Bank of England, by my inspector's directions—they took it to some place to be stamped, and it was then returned to me, with the word "Forged" on it.
ROBERT MACKENZIE (police inspector). I was at the Bow—street police station when the prisoner was brought there by Brown—I took the charge, and asked him his name and address—he said his name was Stephen Restieux, and that he resided at No. 17, Ebury—street, Pimlico, and was a bottled ale and stout merchant, and had stores at Hungerford—market—upon the forged 10l. note being found upon him, I explained to him the charge, of having it in his possession, with intent to circulate it, and that whatever account he gave of it would be inquired into, and if it was reasonable he would have the benefit of it, but until that inquiry was made I should detain him—he stated that he received the note from a man named Franks, residing at No. 94, Chancery—lane, a few days before, to make a purchase—about 1 o'clock, when the prisoner was waiting the result of the inquiry at the Bank, Franks came to the station, and inquired for Restieux—I asked his name and address, in the prisoner's presence—he said, "Franks, No. 96, Chancery—lane"—I said, "You are the person, I dare say, mentioned by the prisoner as giving him the 10l. note?"—he said, "No; I have not had any
money transaction with him for some time," and that he never gave him a 10l. note at all—I have endeavoured to find the persons whose names and addresses are on the back of the note, but could not find any person answering to them—there is no such house as No. 144, Strand; the numbers go from 143 to 145.
Cross-examined. Q. Had you ever seen Franks before? A. Yes, as a witness, at the station, charging a solicitor's clerk with an assault, about twelve mouths ago.
JAMES BARTON . I am one of the inspectors of Bank notes to the Bank of England. This 5l. note is forged in every particular, and so is the 10l. note—I have not the slightest doubt about them—they are on very different paper to the Bank paper—there is no water mark, but only a surface mark.
Cross-examined. Q. It is rather thick paper? A. Yes, very clumsy; the engraving does not appear to me to be good—the figures are so clumsily done, if you put a genuine one against it you will notice it directly.
MR. CLARKSON to GEORGE FRANKS. Q. Did you ever give a 10l. note to the prisoner? A. Never, nor a note of any description.
(Charles Purchase, a farmer, of Long—yard, and James Hall, a coachmaker, of No. 8, Chester-place, Grays Inn—road, game the prisoner a good character.)
GUILTY . Aged 31.— Transported for Fourteen Years.
OLD COURT, Thursday, September 21st, 1854.
Before Mr. Justice Erle and the Fourth Jury.
MESSRS. BALLANTINE and PARRY conducted the Prosecution.
THOMAS SIMPSON JEFFREYS . I reside at No. 11, Peckham—grove, Camberwell, and am clerk to Mr. Justice Erle—I am also a Commissioner for taking affidavits—I administered the oath to the party who made this affidavit—I do not know the prisoner—MR. Baron Martin was sitting in Chambers at the time the affidavit was made. On Saturday, 19th Aug., I think I left Chambers soon after 2 o'clock, but I rather think the Baron was there when I left—the writ office closes at 2 o'clock, at this time of year.
THOMAS MOUNTAIN . I am a clerk, in the office of the Sheriff of Middlesex. I produce the capias in this action—(By this it appeared that the writ was issued by Edward Lewis, of No. 14, Golden—square, the plaintiff's claim being 22l. 18s. 6d. for debt, and seven guineas for costs. The affidavit was read, as follows: "Benjamin Sloman, of the Theatre Royal, Drury-lane, in the county of Middlesex, carpenter, the above—named plaintiff, maketh oath and saith, that Anna Caradori and Guiseppe Pavesi were at the time of the commencement of this suit, and still are, justly and truly indebted unto this deponent in the sum of 22l. 18s. 6d. for work and labour done by this deponent for the said defendants, at their request, and for money paid by this deponent to and for the said defendants, and at their
request; and deponent further saith, that the said defendants informed deponent, on 17th day of Aug. inst., that they intended to leave their engagement at the Royal Opera, Drury—lane, this day, as they intend leaving England for Germany on Monday next, being the 21st day of Aug. inst., and which fact deponent verily believes to be true; and deponent further saith, that he verily believes that the deponent will lose the said sum of 22l. 18s. 6d., so due and owing to this deponent, unless the said defendants be forthwith apprehended and held to bail at the suit of this deponent; and this deponent farther saith, that a writ of summons; a true copy of which is hereunto annexed: has been duly issued out of and under the seal of this honourable Court. Sworn at the Judge's Chambers, Roll's—gardens, Chancery—lane, 19th Aug., 1854. Signed, B. Sloman.")
EDWARD LAURENCE LEVY . I am of No. 2, Falcon—court, Fleet-street. I know the defendant—I believe the signature to this affidavit to be his. handwriting—I was originally the solicitor in this matter, but I handed it over to another solicitor, Mr. Lewis, of Golden—square—he is a relative of mine—this affidavit was read over to Mr. Sloman, and he read it over himself—I read it over, and left it with him.
Cross-examined by MR. CLARKSON. Q. Are you quite sure that you read over that affidavit to the defendant? A. Yes, I am quite sure, for this reason, because it was drawn at the same time it was read over—the affidavit was being drawn when he came to me; it was drawn from him while he was there—I will swear that I read over that affidavit to him—I know Mr. Wontner—I never told Mr. Wontner that I had not read it to him—Mr. Wontner said to me this morning, "I believe you did not read it over to Sloman?" and I said, "You believe wrong, because I did read it over to Sloman"—that was said outside the Court this morning—I know Madame Caradori and Signor Pavesi—I was in the habit of going to Drury-lane Theatre during its occupation by the company of Mr. Jarratt, and whilst Mr. Jarratt was there as well—MR. Jarratt failed there—Madame Caradori was one of Mr. Jarratt's company—Signor Pavesi was also engaged there to sing under Mr. Jarratt—he sang there after Mr. Jarratt ceased to have the management; he sang there the last week.
Q. Were you aware that Madame Caradori was not intending to remain as a singer at that theatre after the Saturday? A. So she informed me—she did not represent to me that her health was bad at that time.
MR. BALLANTINE. Q. You used the expression that the affidavit was drawn from him; what do you mean? A. He came down to my office, and told me the facts of the case; I then drew the affidavit while he sat there—I read to him the draft, and afterwards the copy when it was made, and I left him to sign it while I went into the outer office for a minute.
ANNA GIOVANNI JANIK . (The witness gave her evidence principally in English, with the occasional assistance of an interpreter). I am the wife of Antonio Janik; my theatrical name is Caradori; that was my maiden name. In Aug. last I was residing at No. 57, Gower—street, Bedford—square—I am always there; I reside there now—I was engaged at Drury—lane Theatre, as prima donna, during the recent operatic season there, by Mr. Jarratt—my engagement was originally for 100 nights—about the middle of Aug. Mr. Jarratt's management failed—they closed the theatre, without giving a reason, and for some time had not paid.
Q. After that was an arrangement made by the principal artistes to carry on the theatre if possible? A. It was Mr. Jarratt's intention to re—open the theatre, but not under his name, and he talked to the artistes about it—
first, all the expenses were to be paid from the receipts, the servants, carpenters, rent, illumination, scenery, and everything connected with the service of the theatre, and afterwards two—thirds of the salary of the chorus and orchestra, and one—third for the principal artistes—I do not know the defendant by name—I saw him on the stage, but did not know his name—the term "association" would be applicable to such an arrangement as this—I do not know whether the prisoner would be one of the persons who would be favoured by this arrangement; I suppose he would—MR. Jarratt made all the arrangements, only his name was not put as director—he chose the committee—I remember Saturday night, 19th Aug.—the defendant had made no claim upon me before that night, either verbally, by letter, or in any way—he had never spoken to me but once, when I explained to him about a scene at the rehearsal of Semiramide; it was something which was going down, and I thought it should be straight—that was the only conversation I ever had with him; and next day there was another rehearsal, and he made it so as I had explained—I think that was on the Tuesday before the 19th Aug.—on Tuesday I explained to him how it must be, and on Wednesday it was done—I did not owe him a sum of 22l. 18s. 6d.—I was not obliged to pay anything—he never demanded such a sum from me—I did not on Thursday, 17th Aug., state to Sloman that I intended to leave England—I had not seen Mr. Sloman on that day—I did not on that day state to any one that it was my intention to leave England—I had not the slightest idea to leave England, for I was waiting for another engagement—I did not before Saturday, 19th Aug., state to any one that I intended to leave England—I was arrested, between 11 and 12 o'clock on that night, by the house of Mr. Jarratt, No. 37, Alfred—place, Bedford—square—I had been performing at the theatre that night—I had. occasion to call at Mr. Jarratt's on my way home, to leave his lady's maid, who always dressed me at the theatre—I took her home; and when she was gone out, directly two persons came into my carriage—I should not know them again—Signor Pavesi was in the carriage with me—I took him always to the theatre with me, for he lives in Alfred—place—the two persons who came into my carriage said that I must go with them, before they told anything—I was so frightened, I thought they were bad men—I did not know anybody, and they came so precipitous into my carriage, and they kept me—I moved myself and said, "What do you here?"—they said, "You must go with us"—"Why?"—"You must go with us; don't make a noise, and be quiet"—I was defending myself, for I was frightened, and did not know what it was for—I said, "Why must I go with you?"—"Don't ask; you must go"—Signor Pavesi thought they were bad men, and went out of the carriage and called the policeman—the policeman came, and the two gentlemen who were in my carriage spoke to the policeman, what I did not understand, and then they put Pavesi in the carriage, and brought us, and arrested us, and in the arrest I asked again, "Why, what for," and they said, "You owe 22l. to Mr. Sloman"—I was quite astonished to hear that, for I did not know who Mr. Sloman was—he said, "You don't know?"—I said, "No"—"He is the carpenter of the theatre;" and I was the more astonished how it was that the carpenter of the theatre put me in prison—I said I did not know why, and they told me, "You owe that to him"—I said, "No, Sir; I don't owe it to anybody, for I am not obliged to pay"—I do not recollect what place it was they took me to—I was detained the whole night, and the next day, Sunday, till the evening—Signor Pavesi was also detained—I sent for Messrs. Lewis and Lewis, my solicitors, on the Sunday morning I do not
know precisely the sum that I paid in order to got away, but it was more than 30l.—I saw it paid, but I do not remember how much it was—I was tired with the performance, and I was brought into the house without supper, and without anything, and a very bad bed; I could not sleep in it—they said, "We cannot get anything, for it is Sunday"—I could not have a bottle of beer, or anything, because they said, "It is Sunday; we cannot get anything"—Signor Pavesi does not speak English—while I was here I hired a carriage—I had not given it up; I had always the same; I have it now—I reside at No. 57, Gower—street, now—I had not given any notice to leave—now I have given notice that on the 27th I must be at Manchester—before 19th Aug. I entered into an engagement with Mr. Knowles, of the Theatre Royal, Manchester, to sing there—I signed the contract on 2nd Aug.—this is the contract (looking at a paper)—I had intended to reside in England, to make it my home, for the purpose of following my profession—I had applied for letters of naturalization for that purpose—this is the answer that I received (produced)—I received it on 17th Aug., at 8 o'clock—if I had intended to go abroad, it would have been necessary to have my passport vise—I have my passport here—I have not since received the letters of naturalization.
Cross-examined. Q. You are not the lady who is known in this country under the name of Madame Caradori Allen? A. No—I know Mr. Smith, the lessee of Drury—lane theatre—between the time of Mr. Jarratt's failure and the reopening of the theatre I think about three weeks elapsed—in that interval I saw Mr. Smith upon the subject of myself and the other principal artistes reopening the theatre—Mr. Reichart, the other first singer, who is gone away, told me to go and ask Mr. Smith in what manner it could be done.
Q. Were the principal artistes, yourself among the number, to form a committee for the management? A. No; not in that way—the other artistes would not sing if Mr. Jarratt opened the theatre, and I went to Mr. Smith to ask how it could be done—MR. Jarratt wanted to make eighteen representations, because if he could finish the eighteen performances, the committee of the theatre would give him back his dresses and property, which were under sequestration—MR. Reichart was the first that told me so—he said it could not go on, and that they wanted the four principal artistes, myself, Reichardt, Formoste, and Buri, to give a guarantee to the committee of the theatre that we would perform, a guarantee to the amount of 200l. on the engagement at Manchester, in order to relieve the sequestration that was upon the dresses and property of Mr. Jarratt—Mr. Smith said that he wanted 1000l. to give up the sequestration, and we said we could not give so much—I did not tell Mr. Smith that it was my wish to go on with the theatre for the eighteen nights in order to keep faith with the public—I had been performing under Mr. Jarratt's engagement for the whole season, previous to the week commencing on 12th Aug.—I had seen the defendant on the stage, but I did not know him—I believe he and his men had the management of the working of the scenes, but I never spoke to him—I have not seen him there every night, but I have seen him sometimes—we certainly could not go on without the head carpenter and his assistants—I do not know who the treasurer was, before Mr. Jarratt was unfortunate—MR. Lewis acted as treasurer during the week from the 12th to the 19th—MR. Oswald offered himself to do what was necessary in the theatre, for Mr. Jarratt could not sign anything, and he is a great friend of Mr. Jarratt's—I do not know by what name he was called; we called him
what we liked, but be signed the free tickets and looked to the accounts—it was his business to sign the accounts before they were paid—I directed Mr. Lewis not to pay any of the workmen's bills at the theatre that had not been signed by Mr. Oswald, because Mr. Oswald said if he did not look over the account it would not go right.
Q. Did not you yourself say that you would not have Mr. Jarratt as the manager of the artistes, but that you would have a new bill published that the matter was under a new management? A. We all said together, all the artistes and all who were in the theatre, that the performance ought to go under a new management, or else the creditors of Mr. Jarratt would seize the receipts of the theatre—MR. Levy then said that we must take off the number of the representation (it was the eighty—third representation) for if that was left on the bills the creditors of Mr. Jarratt would come and take the money, seeing it was a continuation of the old direction—that was for the public to think it was another director, and not Jarratt—my dresser's name is Pamela; she is the lady's maid of Mr. Jarratt—I was tired in the course of the week ending on the 19th—before the performance began under Mr. Jarratt, I said I would not sing more than a week, and that he might provide himself with other artistes—I do not know whether the week ended on the Friday—I never had to do with the appointments—I do not know that Saturday, the 19th, was an extra night—I do not know whether it was or not—I had promised to sing that Saturday, and all the rest did not concern me—MR. Jarratt was the director—he said what was to be performed, and was doing what was necessary, and I had nothing to do with the rest of the affair—I did not see the accounts of a night—one day they brought a mass of papers on the table, but I did not understand them—that was only on one day—I think it was the first Monday after the first performance—that would be the 14th—the mass of papers was not brought for me—it was brought into the theatre—I think Mr. Lewis brought it—I never stated to anybody that it was my intention to go abroad, and return to my engagement at Manchester after the Friday at the end of that week—I had no such intention, and I never said so to anybody—I never told any one that I should go away—I said nothing about going abroad, I am quite sure of that—Signor Pavesi was desirous of an engagement at Manchester—that Manchester performance was not under Mr. Jarratt, it was under Mr. Knowles—in the beginning I believe it was Jarratt, but afterwards Jarratt said he had nothing to do with it, it was Knowles—Signor Pavesi applied for an engagement, and did not get one—I was not angry at that—I did not after that say to the prisoner, or to any one, that I would go abroad, and not return until my performance at Manchester, or anything to that effect—I was told that I had not been residing in this country a sufficient time to naturalize me—I learnt English in this country for two months.
MR. PARRY. Q. You have stated that there was a sequestration upon the wardrobe, property, and music of Mr. Jarratt; did you tell Mr. Smith, the lessee, that you and some of the other artistes were ready to give a guarantee of 200l. upon the Manchester engagement? A. In order to reopen the theatre, to sing there, I was commissioned by the other artistes to offer their guarantee upon the Manchester engagement, of 200l.—that conversation with Mr. Smith took place perhaps thirteen or fourteen days before I was arrested—my engagement at Manchester is a mediocre one, I am to receive a salary of 36l. a week; my engagement is for eleven weeks—
I go on the 27th to fulfil that engagement—I have an engagement at Brighton to—morrow.
Q. Did you ever take any part in the management of the theatre, or did you only sing as prima donna? A. I only sang as prima donna.
GUISEPPE COGNA (through an interpreter). I am a native of Naples—I sing under the name of Pavesi—I was one of the singers engaged at Drury-lane, by Mr. Jarratt—I speak Italian and French, I cannot speak English at all, and do not understand it—I have seen Sloman, the defendant, some-times on the stage, but I did not know his name or his employment—I never had any conversation with him—I did not see him on 17th Aug.—I did not tell him that I and Madame Caradori were going abroad—I did not tell him that I was going to Germany—I was in company with Madame Caradori when she was arrested—I was not aware of any claim that Sloman or anybody else had upon me at that time—I was locked up as well—I could not understand, that in London, the first city in the world, we could be arrested, and shut up by the law; I thought I was in the house of an assassin, and I called for the police—I have got no debt, I owe nothing to anybody, and never heard such a shame in all my life—I was released at the same time as Madame Caradori, by the advance of a sum of money—I have been in this country ever since—I am engaged for some concert, after that I shall see how my affairs will go.
Cross-examined. Q. Did you state to anybody in the course of the week, from the 12th to the 19th, your intention of immediately going to Milan? A. I said to Mr. Jarratt, before the engagement at Drury—lane, that I should go to Milan to seek an engagement, but Mr. Jarratt pressed me and begged me to remain, and I got persuaded by Mr. Jarratt, and remained—I said to Jarratt, that I and Madame Caradori would not sing further than the 19th—I never agreed with the chorus to remain for the eighteen nights.
Q. Was there not a meeting on the stage, on Saturday, the 19th, and a disturbance on that very subject? A. I went on the stage, and there was some noise—there had been a disturbance on the Friday.
Q. Did the weekly performance end on the Friday, and was not Saturday an extra night? A. I know nothing at all about it, I never mixed about the direction—I was disappointed at not meeting with an engagement at Manchester, but it was a disappointment that every artiste meets with at times—I did not, on Thursday, the 17th, tell Oswald, the secretary, that I would go to Milan, nor on any other day in the course of that week.
Q. Do you and Madame Caradori usually travel together, when you have engagements? A. I went to Edinburgh with the other performers, and that was the only voyage I made—I went to Amsterdam alone, and came back to London—last winter they offered me an engagement at Milan, but I did not agree on the price, and I went and sang in Holland—I remained two months in London last winter, and then they gave me a promise of an engagement to sing in 1l. Puritani—they gave me a part to study, but I never performed, and I went to Amsterdam—I went with all the troupe.
Q. On Saturday, 19th, were not the chorus so angry with you, that Mr. Smith was called in to explain, with you, why it was you did not perform your eighteen nights' engagement? A. On Saturday I came upon the stage, and saw several of the chorus—I saw Mr. Jarratt talk with several persons, and then they called for Mr. Smith—I heard Mr. Jarratt speak with Mr. Smith, who was saying, "Yes, yes"—I went to Mr. Smith, and asked him to speak in French—I heard my name pronounced several times,
"Pavesi, Pavesi"—MR. Jarratt said, "Is it not true, Mr. Smith, that Mr. Pavesi has come to ask you for the theatre?"—MR. Smith said, "Yes"—I said, "You tell a falsehood"—MR. Smith then made answer that this evening he would give the theatre for nothing, and then there was loud applause—on Friday I was on the stage, when there was another disturbance—MR. Levy called me into the green room, and said, "Come, come, I want to speak to you in private"—I said, "Speak before everybody"—Mr. Arnoldi, the baritone, was present—MR. Levy said, "If you do not sing the next week the chorus and the orchestra will go before the Judge, and obtain an arrest, to place you in prison"—I said, "Sir, do you speak the truth?"—he said, "Yes, they will place you in prison, you and Madame Caradori;" so I went to the orchestra and the chorus, and said, "Gentlemen, I do not know to speak English; I beg you will allow me to speak in French, and some one among you will translate what I say. Mr. Jarratt has come and begged and prayed for Madame Caradori and me to sing for him; we could not resist his prayers, and we consented; we said we would sing on Saturday, the 19th, and now the solicitor of Mr. Jarratt threatens to place Madame Caradori and myself in prison, if we do not sing after Saturday"—there was a great cry in the orchestra of "No, no, we will not do that"—MR. Jarratt came and said, "Oh, Signor Pavesi, you are mistaken; you are mistaken;" and Mr. Levy, who was rather behind, said loudly, "No, no, it is not true"—MR. Arnoldi said, "Yes, you have said it;" then the rehearsal was at an end, and every one departed—in an hour after I called on Mr. Jarratt, at the theatre, with Mr. Penini, and made him say that after Saturday we should not sing, and they were to place on the bills, that Saturday was the last night we would sing.
MR. BALLANTINE. Q. In the course of these conversations, was Sloman's name mentioned at all? A. Never—the Mr. Levy I have named is the same that has been examined here to—day—he said he was the solicitor of Mr. Jarratt, and he offered his services to me, and while I was in the lock-up house, on the Sunday, Mr. Jarratt came with Mr. Levy, and offered to arrange the affair.
GEORGE CLASSON . I am the hall porter at Drury—lane Theatre, and have been so for ten years—I have known the defendant all that time—during the time I have been porter, I have heard a great many persons speak French, Italian, and German—I know that the defendant cannot speak either of those languages, because, on some occasions, I have been called by him on to the stage to speak for him.
Cross-examined. Q. How long have you known him as the head carpenter, employing workmen at the theatre? A. Off and on for these ten years—he is highly respected in the establishment—he bears the character of an honest and truth—telling man—I never heard him charged with having made a false statement.
HENRY GUNN . I reside at No. 57, Gower—street—Madame Caradori rents apartments in my house—she had no intention of going abroad, to my knowledge—she had given me no notice to leave—she is still living with me.
MR. CLARKSON to EDWARD LAURENCE LEVY. Q. Did Madame Caradori ever tell you that she would go abroad? A. Yes; she told me so, I think it was on the Wednesday or Thursday previous to the theatre closing; that
was in the week between the 12th and the 19th—I told the defendant that I had heard that she was going away on the Saturday—I told him on the Saturday, that I had heard it from herself that she was going away.
MR. BALLANTINE. Q. Are you Mr. Jarratt's attorney? A. Yes—this was a voluntary affidavit of Sloman's; it is no concoction of mine—I did not suggest to him to swear this affidavit, no more than this, that when he told me what I was to draw, I drew it in my office—I certainly did not suggest to him the making of this affidavit—MR. Sloman sought me; I never sought Mr. Sloman—when he came to me to draw the affidavit, I was not aware what the contents of the affidavit were to be until he told me—I did not suggest to him the fact that Madame Caradori had informed him that they were going away; that was no suggestion of mine—I was in the theatre on the Friday night, and Mr. Sloman came up to me and said he wanted to speak to me about Madame Caradori; he was afraid that he could not get paid, and therefore he intended to proceed against them—I said, "Come down to my office to—morrow and tell me, because I can do nothing now, and then I will speak to you upon the subject"—he asked me where he was to come, and I gave him my address; he came down on the following morning; he then told me the nature of his claim—I asked him how much it was; he went out of my office to get the amount, and brought it back upon a card—he told me that Madame Caradori was going away, and that I should arrest her—I said, "When?" and he said, "On Thursday she told me they were going away, and I shall lock them up," and Madame Caradori having told me the same, I believed it was the truth, she having told me in that week that she intended to leave the theatre and go abroad, I thought it was true.
Q. Then I am to understand that you did not tell Sloman first, but that Sloman came and told you first? A. Certainly; I never told Sloman.
COURT. Q. When did you tell Sloman that Madame Caradori had told you that she was going abroad? A. That was after the affidavit was drawn, or while it was being drawn.
MR. BALLANTINE. Q. But was it after he had told you? A. Most decidedly—I said, "I have heard the same; she told me that she was going away;" and then he said, "Yes, I have been told so by several in the theatre, who have also heard it"—I was examined at the police court.
Q. Is this the first time that you have made any such statement as this? A. I was only examined in chief at the police court; I was not cross-examined—when Sloman came to me about the matter, I said that under the circumstances, having seen Madame Caradori, and also having been about matters connected with the theatre, and being Mr. Jarratt's attorney, I would rather not have anything to do with it—he said, "Well, then, I must get some one; do you know any one?" and I said, "Yes, Mr. Lewis will do it."
Q. Did Mr. Sloman appear perfectly to comprehend what he was swearing? A. I should imagine so; I read the affidavit over to him, and he had it himself; I left it with him to sign while I went into the inner room for about three minutes—I read the affidavit over after I had drawn it for him—I certainly did not draw it from my own imagination, but from what he told me—he did not dictate the words to me, but he told me that she told him she was going away, and I drew the affidavit accordingly.
Q. Did he also tell you that Signor Pavesi had told him he was going away? A. Yes: he told me that they said they were going away.
MR. CLARKSON. Q. Did not you accompany Sloman to the Judges Chambers
upon the occasion when the affidavit was sworn? A. I did not accompany him; I went over to the Judges' Chambers, and he came on after me—I did not tell him to follow me—I told him to go to the Judges' Chambers himself, and Mr. Lewis would bring him over to swear the affidavit—mine were not the hands to hand the affidavit to the Judge's clerk; I will swear that.
MR. BALLANTINE. Q. How old are you? A. Twenty—seven—I do not know how old Sloman is; he is a good deal older than me.
COURT. Q. Signor Pavesi says that when there was a disturbance on the Friday night, he refused to sing, and that you threatened that the chorus and orchestra should arrest him and Madame Caradori if they would not continue to sing? A. That is not so; the conversation turned in this way—I had been sent by Madame Caradori and Signor Pavesi, together with Mr. Oswald, to Messrs. Leader and Cox, who had threatened proceedings against them in consequence of their not carrying out an arrangement that Mr. Jarratt had made with them—they asked me to see them, and say that in consequence of Mr. Jarratt's insolvency, their arrangement with him must fall to the ground, and they had nothing to do with it, it was their theatre—I went, and saw Messrs. Leader and Cox—I came into the theatre, and then Madame Caradori called me to know whether I had seen them—she said she would not be annoyed—she said, "If they intend to annoy me, I shall go from the theatre entirely"—I said, "It would be very unfair for you to go from the theatre"—then she went away—this was on the Friday—Signor Pavesi was behind with Mr. Arnoldi—in the green room afterwards, Monsieur Pavesi also asked me whether I had seen Messrs. Leader and Cox, and showed me a letter that he had received from Mr. Smith, and asked me what answer he should give to it—then they said they were going away—I said, "I have conveyed Madame Caradori's message to Mr. Oswald, and some of the chorus have been up stairs; and said, it is very hard you have got them to fall into an engagement for eighteen nights to sing, and now you are going away"—I was not in Court all the time Signor Pavesi was giving his evidence—I certainly did not threaten to arrest Monsieur Pavesi, on the part of the chorus—I said I had heard in the theatre that he was going to be arrested, and I said he had better stay the time out, but I never threatened him—when he called me on the stage and asked me, I said, "Certainly not, I never told you anything about the chorus; I merely said they complained that it was very hard after having made an arrangement with you for eighteen nights, you have broken the contract"—the contract was in writing.
MR. CLARKSON called the following witnesses.
EDWARD TYRRELL SMITH . I am the Lessee of Drury—lane Theatre. I have known Sloman about three years, I consider him to be a very honourable respectable tradesman—so much so, that the committee employ him to do their work.
Cross-examined by MR. BALLANTINE. Q. Is he a person of reasonable intelligence? A. Not very, I should say; except in his own business—he can read and he can write his name, that is all, but as to the contents of an affidavit, I should say he would know very little about it—I was examined to facts at the police court—MR. Jarratt was also examined, I do not know whether as to facts; on the part of the defendant, Mr. Arnold was also examined, and Mr. Lewis, for the defendant—I have seen all those gentlemen here to—day.
1821—he was first in my employ at that time—he has borne a very high character in my estimation.
Cross-examined. Q. Is he a master tradesman employing men under him? A. Yes; he is a man of much intelligence in his business.
(William Trehearne, a builder, also deposed to the defendant's good character.)
NOT GUILTY .
MR. ROBINAON conducted the Prosecution.
MARGARET COLBERT . I am the mother of the deceased, who was the prisoner's husband; his name was William Colbert—I believe they had been together about sixteen years; they had been married about nine years—he was thirty—four years of age—on Saturday night, 2nd Sept. he came home, washed himself and went out, and did not come in till 1 o'clock in the morning—he had had a little drop to drink, but was not out of the way—he was not in the habit of drinking; when he had done his work of a Saturday evening he used to be among his shopmates and take a drop—he and his wife had two or three words about his being out so late; she called him a blackguard for being out, and he struck her two or three times on the side of the face with his open hand—a knife lay on the table that she had been cutting some wood with, for lucifer matches, and she took it up and heaved it at him—she heaved it with her strength, I suppose—she was about a yard from him at the time—it struck him in his side—he died last Saturday week; that was about a week after the blow was inflicted; the prisoner is a steady hard working woman—I took him to a doctor, and then in a cab to the hospital.
Cross-examined by MR. LILLEY. Q. Is she not a kind woman to her children? A. Yes, a very good mother, and a very good wife—she was very sorry immediately after the occurrence—they generally lived on good terms—I hardly ever heard a piece of work between them, unless he was drunk.
FREDERICK GEORGE POULDEN . I am house surgeon at the London Hospital. The deceased was admitted there on Sunday, 3rd Sept., about 4 o'clock in the morning—I found a wound in his side; it had penetrated the chest between the eighth and ninth ribs—it was such a wound as would be caused by this knife (produced) being thrown violently at him—the wound was about two and a half inches deep—it penetrated the pericardium, the diaphragm, and the spleen—I attended him for a week—he died on the following Sunday, at 10 o'clock in the morning—the injuries were the cause of death.
JAMES MALIN (policeman, K 94). I was on duty in Charles—street, St. George's, on Sunday morning, 3rd Sept., about a quarter to 3 o'clock—the deceased came up to me, and I directed him to a doctor's—he was bleeding—we went to one doctor's, and he was not at home, and then we went to another, and he fainted at the door—he was then taken to the hospital, the prisoner brought a cab—she said, "It was me that done it, policeman; he came home the worse for liquor, we had some words, he struck me two or three times, and knocked me down; I took a knife off the table in the heat of my passion, and threw it at him; I did not mean to do so"—I afterwards got the knife from a table drawer in the room, there was some blood upon it—I afterwards took the prisoner into custody.
WILLIAM COLBERT . I am the prisoner's son. On the night in question my father was drunk—I have seen him drunk before—when he was drunk, he was bad tempered, and always knocked my mother about—he knocked her about on this occasion, and knocked her down.
(The prisoner received a good character.)
GUILTY .—Strongly recommended to mercy. Aged 33.— Confined One Week.
NEW COURT.—Thursday, September 21st, 1854.
Before Mr. Justice Crowder and the Sixth Jury.
MESSRS. BODKIN and METCALFE conducted the Prosecution.
BARNARD CORRY (policeman, F 121). About 4 o'clock in the morning, on 4th Aug., I was on duty near Brown's—buildings, Stanhope—street, Clare-market—I was called by somebody to go to Brown's—buildings—I was told that the parties were in the centre house, on the left side, at the top of the court—I was in uniform—I was not told what I was wanted for—I went, knocked at the door, and asked if the police were wanted—they said there had been a vagabond trying to break in the door—that was the prisoner's wife, who was in the house—the prisoner then put his head out of the window of a house opposite, and said, "I can't be everywhere at once"—the wife and daughter came to the door of the house, where I went to, and identified Merritt, a man who was standing there, as being the party who had been at the door—that was the man who had fetched me there—I said if the girl brought home men with her there, they must settle their quarrel in another manner—I did not see any marks on the door, and I could not take him into custody—the wife and daughter came out, and began to abuse the man, and afterwards they began at me, and made a very great noise—I desired them to go in doors, and not to awake the inhabitants at that early hour in the morning—the wife then called to the prisoner to come down, and go to the station, and report me for not taking Merritt into custody—the noise was so great that I went to put them in doors—I took hold of the wife, and put her in doors, for the purpose of fastening the door, to get the place quiet—as I was going to fasten the door the daughter threw something out of the door—she was standing on the step, and she threw something, which struck me on the breast—I caught hold of her, to take her into custody, and at the same time the mother caught her, to pull her in doors, and by so doing it pulled me on to the step of the door, and inside the passage—after a short struggle the daughter said, "If you will let me put more clothes on, I will go with you"—I was in the act of letting her go, when the prisoner rushed in past me, to come inside the passage, and I found him strike me on the side of the neck, but I do not know what with—I took no notice of that—he then said, "You d—d vagabond, what are you doing here?"—he then struck me a second time in the mouth—I believe it was with a knife; I found a bleeding at the time—I was not certain at the time, but I believe it to be the knife—finding myself bleeding
I grasped at him, and found myself get another blow on the breast—I could not say what that was with—it did not penetrate the skin, but I found a cut on my coat, where that blow was given—he then struck me again which knocked me off the step of the door, and left the knife sticking in my breast—I then pulled out my staff, seeing him attempting to shut the door, and put the staff between the door and the post, to prevent his shutting the door—I pulled the knife out with my right hand, and put it in my pocket—I rushed into the passage then, and took him out, and called for assistance—Merritt caught him round the body and arms, and we brought him down to Stanhope—street, and the turncock caught hold of him—I told him I was stabbed, and the sergeant took the prisoner to the station, and an officer took me to the hospital—this (produced) is the coat I had on—here are three cuts on it—here is one on the collar, which corresponds with the first blow I felt—it cut the coat and stock, but did not cut my neck—I afterwards found a cut on my lip corresponding with the blow that I had received there.
Cross-examined by MR. RIBTON. Q. Was the cut on your lip with a knife? A. I was not certain at the moment, but I always believed afterwards it was with a knife—Merritt called me, and said, "The police have been called in this court"—the prisoners wife and daughter came out, and requested me to take somebody into custody—they had their gowns on—they appeared to me as if they had not gone to bed—I was struggling with them to get them into their house, and after that the daughter struck me—I did not find any difficulty in getting the woman into the house—I took her by the shoulder, and was pushing her, and the daughter struck me—I did not push her in—when she struck me I laid hold of her by the arm, to take her to the station—I tried to take her; I pulled her—I did not get her out of the door—I was pulling her, and then the mother seized her and pulled her—the daughter asked me to let her put more clothes on, and she would go, and then the prisoner made his appearance—I could not say whether be seemed very much excited, for I never saw him from the time he spoke out of the window, till he struck me—he rushed into the passage—he is a shoe-maker—this did not occur in the house where the prisoner resides—the daughter lives there—she lives in a different house to the prisoner—there had not been any shouting—the mother and daughter made a noise, because I would not take the other man.
MR. BODKIN. Q. You had the daughter, and the mother was pulling against you to keep her in the house? A. Yes—I should think that that did not continue more than a minute—the daughter told me to let her go, and the prisoner came over while I was in the act of doing so.
HENRY MERRITT . I live at No. 1, White Horse—yard, and am a journeyman baker. I am acquainted with the prisoner's daughter—on the night in—question I had been in her company—I met her from 10 to 12 o'clock—I went with her to one or two public houses—she told me she lived in that house opposite to her father's—I had been there before—I went with her to her lodging, about 3 o'clock that morning—I had been with her from between 10 and 12 o'clock till 3 o'clock—I was a little the worse for liquor, and she was about the same—about 3 o'clock we got to the place where she lodged—I stood at the bottom of the court—she said, "If you will stay a few minutes, I will come"—she stayed longer than I expected, and I went and knocked at the door—I heard she was inside, and she called on some person to go to her father and mother to come down—on that I went away to the bottom of the court, and her father and mother came down to the bottom of
the court where I was—when the old man came to the bottom of the court, I said to him, "Are you not looking for some young man that came in the court?"—he said, "Yes"—I said, "He has gone running down the street"—the wife then called for a policeman—the prisoner said, "Don't make a noise"—they then went up the court—the daughter then came to the bottom of the court, and I said, "Why did you make a fool of me?"—she said, "I don't want to have any more to do with you"—the last witness came—I said "Police has been called"—I went with him to the house—he knocked, and asked what he was called for—the mother said, "Some vagabond has been trying to break open the door"—she opened the door, and said, "That is the vagabond that has been trying to break open the door; I give him in charge, "pointing to me—the policeman said there were no marks of violence, and he should not take me in charge—the mother then began shouting for the husband to come down, to go to Bow-street, to report this man for not taking me in charge—the policeman said to the mother and daughter, "Go in, and don't come out making this noise to disturb the neighbourhood at this time of the morning"—and he went to put them inside—the daughter struck the policeman with something, I do not know what it was—he caught hold of her to take her in charge—there was a great tussle in the passage between them—the father looked out of the window on the other side, and ran down and came across the passage between me and the turncock—he went straight across to the policeman, who was standing on the threshold of the door with his back to the court—I did not see him stab him—I saw him squeeze by the policeman, and directly he passed him the policeman came staggering backwards from the door, and said, "Help me, for he has stabbed me to the heart"—I rushed forwards with the policeman, and he drew his staff, and put it between the door and the post, to prevent its closing—I rushed forwards, seized the prisoner round his body and arms, and said, "Take the knife"—I did not see any knife.
Cross-examined. Q. What are you? A. A journeyman baker—I had been with the prisoner's daughter for several hours—I had been to two public houses—I had not pressed her to drink; she had what she liked—I was not quite sober—I had had three or four glasses of gin and water—I should have gone into that house if they had opened the door—I wanted to go in—I waited at the bottom of the court for her—she had not before that told me that she would have nothing more to say to me—after that I went and knocked at the house—she came down to the bottom of the court after her father and mother came, and then she said she would have nothing more to do with me—after stopping at the bottom of the court about five minutes, I went and knocked at the door with my knuckles—I did not kick the door—I do not know whether there were many persons in the house—I heard the daughter call to Mrs. Summers to call her father and mother to come—I did not hear her say, "There is a man trying to break in"—I did not knock violently—I did not see the mother till she came to the bottom of the court—I saw the mother and the policeman struggling in the passage of the daughter's house—the policeman did not seem very much excited—it was done in a moment—it was not me that went for the policeman in the first instance—he was called by the mother—I heard her call him several times—I heard her tell the policeman to take me into custody—I heard her say I was the vagabond that was trying to break in the door—I do not know where the daughter was, when the mother said that—I am in the employ of Mr. Neville, in Holborn.
MR. BODKIN. Q. You say the mother called "Police!" several times?
A. Yes; I was the person who directed the policeman to the house in the court—the outer door of the house was open—it was the room door I knocked at; it is a house consisting of three stories—I had been at the house on the Saturday evening—I had been acquainted with the daughter for some time.
WILLIAM TURNER . I am the turncock—I had been washing the court that morning—I heard a row, went up the court, and saw two women quarrelling with each other, as it appeared to me—a policeman was standing on the step of the door—I presently saw a man come out of the house opposite, and run beyond the policeman—he got on the step of the door behind him, and jobbed him on the back of the neck with a knife—I heard him say, "Get out of my premises;" that was after he had jobbed him—he pushed him out of the door, and the policeman made a, grab at him; the policeman drew his staff, and put it between the door—Merritt brought the prisoner down the court—I assisted in taking him to the station.
ROBERT M'KENZIE (police—inspector, F). I was at Bow—street when the prisoner was brought in, charged with this offence—Corry was sent to the hospital—after hearing the evidence of the last witness, I explained to the prisoner that he was charged with stabbing the man—he was very sullen, and refused to give his address—he said his wife and daughter called to him for assistance, and on going down stairs he saw the policeman taking his wife into custody in her night clothes, that the policeman struck him with his truncheon, and that he stood in his own defence—I remarked that nothing could justify the violence he had used to the man in stabbing him with a knife, and I stated to him that I was apprehensive the charge would take a more serious form; he said he was sorry, and he hoped the man would live—he was perfectly sober.
JOHN REDWOOD . I am one of the surgeons of King's College Hospital—I remember Corry being brought in on the 4th Aug.—I found a tear on the left side of his upper lip, and a cut between the second and third rib, on the left side, about an inch deep—I was about to probe it, but I found it had touched the lung, and any probe would have injured it, so I closed the wound—there was no other wound on his body; he was in the hospital rather more than a month—he is under medical treatment now as an out patient—such a knife as this, would inflict such a wound.
MR. RIBTON to BARNARD CORRY. Q. When the old woman asked you to take Merritt into custody, did you call her a fool? A. No; the daughter did not say "You ought not to call her such names"—she did not say, "You ought to be ashamed to push an old woman"—I did not say I would take the daughter to the station for being insolent, but for assaulting me—she had struck me with something.
GUILTY on 3rd COUNT . Aged 60.— Six Years' Penal Servitude.
MR. THOMPSON conducted the Prosecution.
JOHN JAMES CLARK . I live in Holliday—yard, Creed—lane. I was sent by Mr. Cooper's son on 21st Aug., to the London Docks for a chest of tea, between 2 and 3 o'clock—I returned about 4 o'clock—I carried the chest on my back, it was about forty—six pounds weight—I came on to Tower-hill, and met Webb—I have spoken to him occasionally before—Webb came my way—when I came to Thames—street, I met the prisoners by Hand-court, near the Steel—yard—they followed me on till I got to Bread—street-hill
they then said I had stolen the tea out of a cart—they had not spoken to me before—when they said that, I said I had got it as honestly as they had; they said they would put the Jack on me—I suppose meaning the policeman—I went along Fish—street, to Wardrobe—terrace—the prisoners had still followed me, and there Hicks pulled my cap off and threw it into the burial ground, and Spencer took the tea and knocked me down—I was knocked down twice on Addle—hill—I had left Webb in Wardrobe-terrace—that was where they took my cap off—Webb was present when they took my tea—I told Webb to go to Mr. Cooper's, which is about half a dozen yards from Wardrobe—terrace—Webb said he would not go, he would look for a policeman—I followed the prisoner Hicks—he was the man who did not take the tea—I lost sight of the one that had the tea—I followed Hicks—he was in my sight about five minutes—I then lost sight of him—I never saw him any more, till Friday night—when I lost sight of him, I went after Spencer—I did not see him—I went to the station to give an account, and they did not believe it—they detained me—I was taken up, and went before the Magistrate on Friday the 25th, and was discharged—after I was discharged I saw the two prisoners down by Brewer's—quay wharf, just by the Tower—they were together—I took a policeman, and gave them into custody.
Cross-examined by MR. ROBINSON. Q. What time was this tea taken from you? A. Between 5 and 6 o'clock in the evening; it was quite close to my master's house—it was about half an hour afterwards, before I went to my master—I went after the prisoners, but missed them—I got to the police station, about half past 6 o'clock—I told them what I have told here to—day—they would not believe me, but detained me—I never was in custody before—I mean to swear that—Webb went down to the Union the same night—I have known him the last three years—I was only intimate with him occasionally.
COURT. Q. How was it that Spencer took this tea from you? A. I was carrying it on my back, and Spencer took it off my back—the cap could be taken off, without touching the tea—they gave me a push, and took the tea off my back; I tried to hold it as well as I could, but they took it away—Hicks knocked me down—I was knocked down after the tea was taken—this was between 5 and 6 o'clock, on 21st Aug.—there was nobody passing at the time.
WILLIAM WEBB . I am an inmate of the City of London Union. On 21st Aug., I met the witness Clark on Tower—hill, he was carrying a chest of tea—I accompanied him down Thames—street—we met the two prisoners down by the Halfpenny Boat Company near the Steel—yard, near Hand-court—they followed us a little way first, and they asked us where we got the tea from—I told them Clark got it as honestly as they did—they said we got it from some cart, and they would put the Jack on us—we proceeded up Bread—street, and we rested there—I did not see anybody there but the two prisoners, they were along side of us—from Bread—street we turned up Fish—street, into Wardrobe—place—when we got there, Spencer stopped us—Hicks was along side of us—Spencer took the tea, and Hicks knocked Clark down—Hicks kept me back, and Spencer went off with the tea—I did not see anything more of them.
Cross-examined. Q. Did Clark tell you to go to Mr. Cooper's? A. Yes; I did not go to Mr. Cooper's—I said to Clark, "Get your cap"—I did not go to Mr. Cooper's till that evening—I went, to Bow—lane station about half an hour after the prisoner took the tea—I did not like the prisoner's appearance
at first—I did not know what was going to be done—I do not know how many persons we met within the last quarter of an hour before the tea was taken—a dozen or probably twenty—I have never been in any difficulty—I have never been in custody yet—not for thieving—I got into a row about three months ago—I was taken into custody and tried, and got three weeks imprisonment—I have been twice in custody altogether—for the first row I got seven days—that was about five months before I had the three weeks—I have now been in the union for four months altogether, on and off—I have got my living by work at a carman's—I went with my mate—I have known Clark about six months—six months ago was the first time I knew anything about Clark—I was sitting down that day on Tower-hill, resting myself—I had been all about the City looking for work—I met Clark by accident—I have seen him four or five times within the last six months.
GEORGE COOPER . I am a tea dealer, and live at No. 4, Cloisters-court, Doctors' Commons—Clark was employed by me on 21st Aug.—he is not in my regular employ, he has been a porter for me for the last eight or nine years—on that day I wrote an order and gave it to my son to send Clark to the London Pocks for a chest of tea—while I was sitting at my tea, about half past 8 o'clock, I saw the prisoner, Spencer, pass my door with a box of tea which I at once recognised, and in consequence of that I sent my son out—Wardrobe—terrace is about one—eighth of a mile from my shop—I know the way from Thames—street by Bread—street—hill, and through Fish-street, to Wardrobe—terrace, perfectly well—it is not much frequented, it is a very secluded part.
Cross-examined. Q. Were you sitting at tea in a back room? A. No; in the shop at the back of it—it was about half past 5 o'clock, as near as I can guess—my son was with me—I told my son when he was going out, that 1,706 was the number of the chest that I expected—my son came back shortly, and afterwards told me that was not the chest, but he did not look at the chest at all—I had seen Spencer before, his face was very familiar to me—I cannot say how often I had seen him—I know I had often seen him about London, in the neighbourhood of Thames—street, and about the Docks—I might say I had seen him fifty times—I afterwards saw him in Cannon—street, on Friday, 25th Aug., he was then in custody of an officer—I recognised him the moment I saw him—I did not know he was in custody for my box of tea—I recognised him as the same man I had seen the time before—I have never seen my tea—there is a particular Chinese mark on the side of chests of tea which any one acquainted with it, as I have been for many years, can recognise—1,706 was the Queen's mark—the Chinese mark was on the side of the chest—every particular freight of tea has a different Chinese mark.
FREDERICK COOPER . I am the son of the last witness. On 21st Aug., I sent Clark to the London Docks for a chest of tea—while I was at tea that day, I saw Spencer go by with a chest of tea—he passed by, walking quickly along—I went out of the house, but I could not catch him—I saw him on the top of the steps which lead to Thames—street—I did not run after him—I did not suppose it was our tea—I saw the chest, I thought it was not ours; I did not see any number on it.
Cross-examined. Q. You came back and told your father it was not yours? A. Yes; I saw this man going down the steps; I did not run after him at all; I just walked after him; I got about a dozen yards from him; I thought it was not our tea, and I came back and said so.
CHARLES BOXALL . I live at No. 3, Coburg-street, Rotherhithe, and am a labourer in the London Docks. On 21st Aug. about a quarter before 4 o'clock, I delivered a chest of tea out of Docks to Clark—it was No. 1,706.
COURT. Q. Where is the number put? A. On one end—the chest is rather long.
JOHN LEWIS (City-policeman, 104). In consequence of information, I took the two prisoners on 25th Aug.—they were in Lower Thames—street, and were nearly close together—Clark went with me and pointed them out.
HICKS— GUILTY . Aged 22.
SPENCER— GUILTY . Aged 23.
(Hicks was further charged with having been before convicted.)
THOMAS RICHARDS re-examined. I produce a certificate of Hicks's former conviction, by the name of William Scarborough—(Read: "At the Quarter Sessions, at Newington, on the 10th of March, 1863, William Scarborough was convicted of stealing one cask and one cwt. of tobacco, and was ordered to be confined six months")—Hicks is the man—his right name is Scarborough—he has been three times in custody since—he had three months in April last—Spencer has been in my custody once for an assault—I believe he has been made the victim of the other—he has been very badly connected the last five or six months.
HICKS—GUILTY.— Four Years' Penal Servitude.
SPENCER— Confined Twelve Months.
MR. PARRY Conducted the prosecution.
EDMUND HARDING . I am in the service of Hamilton, Adams, and Co., Paternoster—row. On 23rd Aug. I went to the shop of Mr. Van Voorst, in Paternoster—row, for two copies of Hentrey's "Rudiments of Botany"—I paid 5s. 4d. for them—I know the prisoner as being shopman there—I could not say whether I paid him—I paid one of the shopmen—I know the other shopman by sight; I do not know his name.
JOHN JONES . I am in the service of Hamilton and Adams. On 7th Sept I went to Mr. Van Voorst's—I bought three parts of the "Micrographic Dictionary," and some other books, which the prisoner served me—I paid him 15s. 6d. for them.
Cross-examined by MR. ROBINSON. Q. When was this? A. On 7th Sept.—I mean to swear I paid the prisoner himself.
SAMUEL SANDWELL . I live at No. 68, Theobald's—road. On 7th Sept I went to Mr. Van Voorst's, by Mr. Nesham's request, and bought "Hanstead's Scenery," and four Micrographic Dictionaries—the prisoner served me—they came to 1l. 0s. 6d.—I had only 1l. given me—I put that on the counter, and said, "I suppose that will do?" and he said, "Yes."
JOHN VAN VOORST . I am a bookseller and publisher, in Paternoster-row. The prisoner was in my service two years—if he sells books it is his duty to enter the transaction in a book, and put the money into the till—this is the book he kept—on 23rd Aug. there was only himself and myself to the shop—my other assistant had a holiday on that day—my custom is to take the money out of the till, and to compare it with the book at the end of the day, to see that the amounts correspond—on 23rd Aug. here is an entry of one copy of "Hentrey's Botany," 2s. 8d.—here is no entry of
two copies, nor no other entry of that book on that day—if the prisoner had received 5s. 4d. for two copies it was his duty to enter them—on 7th Sept. I find three lines of entries of the "Micrographic Dictionary"—here is one copy, two copies, and two copies; here is no entry of three copies—supposing the prisoner has only entered two, when he should have entered three, it is a loss of 2s. to me—I afterwards spoke to the prisoner about that other copy—the second entry in this, "One copy, two copies, and two copies," is mine—the others are his—on 7th Sept. here is no entry of 1l. for four Micrographic Dictionaries, and one of "Hanstead's Scenery"—here is one copy of "Hanstead's Scenery," entered separately, 10s. 6s.—four copies of the "Micrographic Dictionary," and one of "Hanstead's Scenery," are not entered—I had requested my brother—in—law, Mr. Nesham, and Messrs. Hamilton and Adams to make purchases at my shop—when I bad discovered these deficiencies I spoke to the prisoner on the following day, 8th Sept.—I sent for a policeman, and I said to the prisoner, "Mr. Mollyneux wants you"—he hung down his head, and said nothing—he came from behind the counter, and went out with the policeman—they stayed a short time in conversation, and came in again—I then told the prisoner he had been robbing me—I said I would show him what it was, and I showed him the book—I told him that he had on the previous day sold three parts of the "Micrographic Dictionary," and there was no such entry—I said, "I find an entry of one and two, and two, but no three"—I said, "I can't charge you with robbing me of more than 2s., because I find an entry of two, but you must have robbed me of 2s."—he said, "2s. is all"—I said, "Nonsense, I know better; you sold on that day three copies of 'Hanstead's Scenery,' which I can prove, and there are but two entered; how do you explain that?" to which he made no reply—I think I mentioned to him the different transactions, but I should not like to say—the prisoner then said he should wish to speak to me—the officer said, "Anything you have to say to Mr. Van Voorst must he said in my presence"—we went up stairs, and the prisoner said he hoped I would forgive him, on account of his poor mother—I said, "That was for you to have thought of, not me."
Cross-examined. Q. You told him he had been robbing you; did you use those words? A. I think I did—I am quite clear that words to that effect were used—he had been in my service about two years.
MR. PARRY. Q. Are you quite sure he asked you to forgive him? A. Yes.
FREDERICK MOLLYNEUX (City-policeman, 293). I took the prisoner into custody—I remember his coming round the counter, and going out—I told him he must consider himself in my custody for robbing his master of 2s., and other moneys—he asked to go back to his master, and I took him back—he said to Mr. Van Voorst, "I own to the 2s., and I hope you will forgive me for the sake of my poor mother."
Cross-examined. Q. He said that directly he got in? A. Yes, the moment we got in, and then we went up stairs, and he said so again.
(The prisoner received a good character.)
GUILTY of embezzling the 2s.—Recommended to mercy by the Jury, on account of his character.— Confined Three Months.
PLEADED GUILTY . Aged 23.— Four Years' Penal Servitude.
(Mr. Caldecott, of Cheapside, gave the prisoner a good character.)
THIRD COURT.—Thursday, September 21st, 1854.
PRESENT—MR. Ald. FARNCOMB; Mr. RECORDER; and Mr. COMMON SERJENT.
Before Mr. Recorder and the Seventh Jury.
1016. ANGUS ADAMS and CHARLES AMBROSE , burglariously breaking and entering the dwelling house of Roger Fenton, at St. Pancras, and stealing therein 3 spoons, value 10s.; 1 pair of sugar tongs, 2 castor tops, 1 card case, 1 piece of velvet, 1 pair of tweezers, 1 piece of satin, and 1 pair of coat studs; his property: and 1 brooch; the property of Alice Dealey.
MR. O'BRIEN conducted the Prosecution.
WILLIAM ANSTEAD (police sergeant, D 21). On Thursday morning, 7th Sept., I was on duty in Park—road, Regent's—park, about half past 2 o'clock, and saw the prisoners come out of the park through Hanover-gate; they turned into South—bank—Everest, another policeman who was with me, followed them—they went down Hanover—cottages—when I got to the top of Alfred—place, the prisoners passed me again—they kept straight along South—bank in company—I went after them, stopped them in St. Johns—wood, and asked them where they came from—Adams said they came from Portland—town; he had this stick (produced) in his hand—I asked them where they got it; they said they picked it up—I asked them which way they had come from Portland—town; they said, "Straight down the road"—I said, "No, you came through the Park," and Ambrose said, "Yes, we did"—I said, "What have you got about you?" and took hold of Ambrose to search him—he said, "I will show you what I have got; put his hand into his pocket, and pulled out some money—one of the pieces fell, but I could not see what it was; he stopped to pick it up, and by stooping he got out of my hold, and got away; it had rolled behind Adams—I ran after him, and he was stopped by policeman, 168—I had not lost sight of him—I brought him back through Alfred—place; we met two other constables, and took the prisoners to the station—I there searched Ambrose, and found these eight patent keys, one of which I believe to be a skeleton key; a silver penny, a silver halfpenny, a card case, a medal, two silver foreign pieces, some matches, and a mask (produced)—I searched Adams, and found on him a tobacco box, a glove, a thimble, and a piece of velvet (produced)—I went with the other two constables into Alfred—place, where Ambrose ran through.
Cross-examined by MR. SLEIGH. Q. You first addressed Adams? A. Both of them together—I did not particularly address myself to Adams; I addressed them both—it was Adams who first replied to me, and it was Adams who said he had found the stick, and who said he had come straight down the road—it was Ambrose who replied "Yes," not Adams—this is not the first time I have said that it was Ambrose, I said so at the police court—my deposition was read over to me, and I signed it.
Q. Do you adhere to the answer you gave, that it was Ambrose who said "Yes," and not Adams? A. When I told them that I saw them come out of the park gate, Ambrose said, "Yes, we did"—I have been in the force nearly eleven years, and have seen a great many skeleton keys—I have not inquired among locksmiths, but I believe this to be a skeleton key.
HENRY EVEREST (policeman, D 209). On the morning of 7th Sept., about half past 2 o'clock, I was in the Park—road, and saw the prisoners come from Hanover—gate—I followed them to Alfred—place; Anstead stopped
them—I came up—Adams said, "I am not the man that you want, it is the other man"—I said, "You are the man"—I had said nothing to him before he said that—I took Adams into custody.
JOHN WAKE (policeman). On 7th Sept. I was in the Alpha—road, heard a rattle springing, and saw Ambrose running and a policeman after him—I stopped him, we both fell, but I held him till Anstead came up.
CHARLES BENNETT . I live at No. 31, Upper William—street, Portland-town, and am a lamplighter. On 7th Sept., about a quarter past 5 o'clock in the morning, I was going up Alfred—place; it was light—there is a wooden fence, between four and five feet high, separating the road from the gardens—I saw a piece of satin over the fence; I reached it with a stick, and found in it these sugar tongs, three spoons, bracelet, pair of pliers, brooch, two pairs of castors, pair of coat studs, and several beads (produced)—I pointed out the place to the two sergeants.
Cross-examined. Q. Were they both searched in the same room? A. Yes, and at the same time, and both by me—the property found on each of them was tied up by me is the presence of both the officers who are here—I searched Ambrose first, and put the articles I found on him into his hat; I then searched Adams, and kept the articles found on him separate—I then made this list (produced) of what I found on each, and afterwards put the articles together in a handkerchief.
ALICE DEALEY . I am servant to Roger Fenton, of No. 2, Albert-terrace, Regent's—park. These silver articles and this card case are his; I saw them safe a week before they were stolen—this brooch is mine; it was safe in the kitchen at 8 o'clock, or half past, on this night—these sugar tongs were in the dining room; these spoons were kept in the kitchen—these buttons are my master's—on 7th Sept. I closed up the house, and went to bed about half past 10 o'clock; my master was from home, and there was no one in the house but me—all the windows and doors were fastened, except the landing window, and that was shut down when I went to bed—I heard a noise in the adjoining room about 2 o'clock, having first heard a noise on the staircase—(I slept in the front bedroom, on the first flight)—I got up about a quarter past 2 o'clock, and gave an alarm out of the window—a policeman came in about two minutes; he let himself in, as the front door was open—I had locked that door, and taken the key up stairs with me—I saw the policeman find this small screw driver (produced) on the dining room table—a small travelling chest had been broken open in the dining room, and they had found the key of the sideboard and unlocked it, but nothing was missing—the key was kept in a small box in the room—the entrance had been effected by the staircase window, I found it open—it opens by raising and is big enough for a man to get in at.
COURT. Q. Do you know anything of this knife, tobacco box, thimble, or glove? A. No—MR. Fenton is a daguerreotype artist, and used a piece of velvet of exactly this colour; I believe this to be it.
ADAMS— GUILTY . Aged 24.
AMBROSE— GUILTY . Aged 24.
Four Years' Penal Servitude.
for a lever watch to finish—he gave the name of Mr. Jackson, No. 10, Merlin-place, Rosoman—street, Clerkenwell—I have a man of that name in my book, and in the hurry of business, I did not notice that the prisoner was not Jackson, and delivered a watch to him to be finished and returned—I have not seen it since—I am sure the prisoner is the man, because he came again about a month afterwards, last Monday morning, and said he was short of one or two articles—I said, "Let me have the frame, and whatever is short I will put to, it"—he said he would do so—I never saw him again—I afterwards went to Mr. Jackson, and then went with a policeman and found the prisoner secreted in a house in the neighbourhood of Kingsland.
EBENEZER JACKSON . I am a watch finisher of No. 92, Aldersgate-street—I did live at No. 10, Merlin—place, Rosoman—street—the prisoner worked with me to run on errands, and he began to learn the polishing business—he left me about 20th July, and was not in my employ a month ago—I did not authorise him to apply to Mr. Symons for a watch, nor did he bring me one from Mr. Symons—I never sent him there while he worked with me, and he had no opportunity of knowing that I worked for Mr. Symons.
Prisoner. Q. You know Mr. Porter that I lived with? A. Yes; that is the party you lived with when you got the watch—I never authorised you to get work out in my name—it was while you west with me, that I authorised you to apply to Mr. George, in Sutton—street—I gent you there, and the watch was finished and taken home—I did not employ you a day or two after that to go for a watch to Mr. Symons—I had no occasion to apply to Mr. Symons for work—I authorised you to get one watch at Mr. George's, one at Mr. Porter's, and one at Mr. Abraham's.
COURT. Q. Was he in the habit of taking work backwards and forwards for you? A. While he was in my employ—I did not send him to Mr. Symons—I never knew that he had got any work there till last Thursday or Friday.
MICHAEL PORTER (policeman, F 115). I took the prisoner last Monday night, between 11 and 12 o'clock—as I took him to the station, he said that he had obtained the watch movement in the name of Jackson, and he was very sorry that he did not get it in his own name—I cautioned him that if he said anything further, I should bring it in evidence against him, and he said no more—I took him at No. 4, John—street, Kingsland, where he lived with a man named Porter, a watch maker—there was no watch making going on in that house, or any accommodation for it—he lay on the boards.
(The prisoner's statement before the Magistrate was here read as follows:—"About three months ago, I worked at the City of London; Mr. Jackson used that house, and I said I should like to learn watch making; he said he would teach me, and I worked for him about a fortnight: things went on very queer, such as pawning, and he had notice to leave Merlin—place; I went to live in Shacklewell—lane, and Mr. Porter removed to the same house; Mr. Jackson had no work, and went and lived in Aldersgate—street, I had no work, and nothing to eat, and I asked Mr. Porter if I could be of any service to him; he said, "Yes," and I went to work for Mr. Porter, and got the movement in Mr. Jackson's name; he said we could get them in his name, as we had no work to go on with, and Mr. Porter knew that; I got them in Jackson's name, and the last one I lost before I reached home, so I never said anything to Porter or any one else; I heard that there was a bother about it, and I went to Mr. Symons and told him that there was a
portion lost, and he told me to bring it back, and last night I was apprehended.
EBENEZER JACKSON re-examined. I did live in Shacklewell-lane for five or six weeks—I let Mr. Porter a parlour and the use of a kitchen—I had taken the house there; that was how I came to give him the work—the prisoner was with Porter—he had left me then, and worked with Porter in the same house.
Prisoner. I had another watch of Mr. Symons.
COURT. Q. I understood from you that you did not know him? A. I did not know him as Jackson—he had another watch in the name of Jackson, and he brought that back all right; that was about a fortnight before.
Upon this the Jury re—considered their verdict, and found the prisoner
NOT GUILTY .
TURTON PLEADED GUILTY.—The Jury being charged, the COURT directed them to return a verdict against Turton of
GUILTY . Aged 30.— Confined Two Years .
MR. METCALFE conducted the Prosecution.
WILLIAM JAMES MITCHELL (City police inspector). In consequence of a communication I received, on Saturday morning, 16th Sept., I placed a constable at the door of the warehouse of Messrs. Keyte and Co., No. 4, Church-court, Old Jewry—I went with him, and tried the door of the warehouse—it was fast, and everything in its ordinary state—at a quarter to 6 o'clock that constable was relieved by Legg—I gave him instructions, and at about 20 minutes to 7 o'clock the two prisoners were brought to the station—I then went to the warehouse, at about a quarter to 7 o'clock, and found ten skeleton keys on the floor, one of which opens the outer door—I also found this small jemmy, a large clasp knife, two boxes of lucifers, three large black bags, a gimlet, a bottle containing some gin, and a quantity of paste and paper, used by thieves to put over a square of glass, to prevent any noise when the glass is broken—there was no glass so pasted over—the outer door was open when I went.
Cross-examined by MR. PARRY. Q. Did you search King? A. No, but the officer is here who did; I cannot tell what had been removed in the warehouse.
GEORGE LEGG (City-policeman, 440). I was sent by the inspector to relieve a constable who was watching No 4, Church-court—I got there about a quarter or 10 minutes to 6 o'clock—I tried the door; it was fast—I waited till half past 6 o'clock, when sergeant Whicher came up to visit, it being on his beat—he put his hand against the door, and it went open, and I saw Turton in the passage—(we were both in uniform)—the sergeant sprang in, and I after him—Turton turned to the left in the warehouse, and King ran past me from behind the door on the right—I am quite sure I saw King in the warehouse—I saw that the sergeant had got Turton, and I turned after King, who was pulling the door to—I caught the door within about a foot of its closing, reached into the court, and secured King about four or five yards from the door—he was going away as quickly as he could, and when I caught him he turned round and said, "I am not the man; I have just come
up this street"—I had not said anything to him then—he resisted very much, and the sergeant, who had brought Turton to the door, ordered me to draw my truncheon, and cut him down, if he did not keep quiet—I got him back to the door of the warehouse—he still resisted, and the sergeant drew his truncheon, and said he should use it if he did not keep quiet—he then became quiet—I drew my truncheon also, and took him to the station—we left two constables at the warehouse door, and the inspector went and searched the premises—there were no other persons near—I searched King, and found on him 4s. 6d., some tobacco, and part of a pipe.
Cross-examined. Q. Does the court lead to Lawrence—lane? A. To Ironmonger—lane; Lawrence—lane is two turnings off—there is a passage right through from the Old Jewry to Ironmonger—lane—I seized King about four or five yards from the warehouse door—he was not in Ironmonger—lane, nor at the corner of the court—he had not got to the end of the rails of the Church—I did not meet him face to face—I could not see down Ironmonger-lane where I took him—the door opened inside, to the right, and King passed sergeant Whicher, who said, "There goes one"—I persist in saying that I did not lose sight of King, and that I did not come up to him face to face—he turned round when I caught hold of him—he had not a pipe in his hand at that time, but he took one out of his pocket afterwards—I did not examine his pipe to see if it was full of tobacco—he broke it, threw some of it away, and the other he smashed up—he was not actually pressing his thumb on some fresh tobacco in his pipe when I seized him—he struggled very hard to get away—I saw nobody else near—Whicher told me to cut him down—I think that was the expression he used—he saw that he was likely to overpower me—I persist in saying that it was after I had seized him, and after we had struggled, that he took the pipe out—he did not try to fill it—he only said once that he was not the man.
WILLIAM WHICHER (City police—sergeant, 50). On 16th Sept, about half past 6 o'clock in the morning, I went to Messrs. Keyte's warehouse, and found Legg watching there—I put my hand against the door—it went open, and I saw Turton standing about three yards inside—I rushed in, caught him by the clothes, and at the same minute saw a man rush out from behind the door—Legg, who was behind me, turned round and followed him—I brought Turton to the door in about a minute, and found King in Legg's custody, about five yards from the door, struggling violently—I saw no other person—I called out to Legg to stick to him, and we drew our truncheons—in the course of about two minutes assistance arrived, and we took them to the station, leaving two officers in charge—I searched Turton, and found 4l. in gold, 1s. 6d. in silver, and 3 1/2 d. in copper—I found this dark lantern (produced) in the passage of the warehouse, about three yards from the door.
Cross-examined. Q. Did you tell the other policeman to cut King down? A. I told him to draw the truncheon and secure him—I do not remember telling him to cut him down—I might have said so on the impulse of the moment, when I was wrestling with him—he had a pipe in his hand when I first came out of the warehouse—I did not see him in the act of pressing some fresh tobacco into the bowl of his pipe—I did not notice whether the pipe was filled.
MR. METCALFE. Q. How long were they struggling before you caught sight of the pipe? A. About half a minute—I did not see it till he got somewhat quiet.
COURT. Q. You just said that you saw it when you first saw him? A. I did see the pipe then—I did not see it when I first saw him struggling, but I did about half a minute afterwards—I saw it almost as soon as I came
out of the warehouse—I had not seen it when I told Legg to draw his truncheon—that was after I came out.
HENRY KEYTE . I have a partner; we are the owners of a silk manufactory and warehouse, at No. 4, Church-court. No one sleeps in the ware-house—it does not communicate internally with the house—I left the ware-house safe on this night just after the clock had struck six—next morning I found that a piece of silk had been removed, and placed back again in a different position—this dark lantern and these skeleton keys do not belong to me.
GEORGE OLDMAN . I am servant to Keyte and Co. I left the warehouse between 6 and 7 o'clock on that night—I locked the door and took the key with me, leaving everything safe—the door appears to have been opened by a key—the lock was not injured—in the morning I noticed that a piece of velvet had been removed, rumpled, and placed back again.
KING— GUILTY . Aged 40.— Confined Two Years.
(MR. RIBTON for the prosecution stated that as it was possible that the prisoner had been mistaken, he would offer no evidence against him.)
NOT GUILTY .
FOURTH COURT.—Thursday, September, 21st, 1854.
Before Mr. Common Serjeant and the Second Jury.
PLEADED GUILTY . Aged 20.— Confined Three Months.
1021. LUCY WALTERS , stealing, on 2nd Feb., 2 table cloths, 2 towels, a sheet, 2 toilette covers, and other articles; the goods of Charles Albert Long, and another, her masters. Two other COUNTS, for stealing other articles on 29th May, and 12th July, of her said masters: to which she
PLEADED GUILTY . Aged 36.— Confined Eight Months.
1022. WILLIAM WARD , burglariously breaking and entering the dwelling house of John Law, on 22nd Aug., and stealing 5 shirts, and other articles, his property; and 1 gown, 1 shawl, and two pairs of stockings, the goods of Barbara Shepherd: also, for burglariously breaking and entering the dwelling house of Richard Smith, on 11th Sept., and stealing 1 watch, 10l., and other articles, and 18l. 2s. in money, his property; having been before convicted: to both which he
PLEADED GUILTY . Aged 20.— Six Years' Penal Servitude.
PLEADED GUILTY . Aged 27.— Confined Twelve Months.
PLEADED GUILTY . Aged 17.— Confined Six Months.
PLEADED GUILTY . Aged 20.— Confined Four Months.
WILLIAM MUFF . I keep a beer shop, at Twickenham. On Sunday, 3rd Sept, in the evening, I was sitting in the bar—the prisoner came and asked for some beer—he had been drinking, but was not tipsy—he was a little intoxicated—I would not give him any—it was after the hour—he said he would have it then—I said he should not—he said he would break the door—he tried to draw some himself in my presence—he did draw a pot of beer—he went into the kitchen, and drank it with some others—I took them in from the King's Head—he was sleeping at my house—I told the police—they were standing at the door—they took him in the passage in the house, and took him to the police house directly.
JOHN HOLLAND (policeman). I took him into custody at 12 o'clock at night—there was a row—the prisoner asked for beer—he said he would cut the landlord's b—y throat if he did not give him some—he threatened to stab me with a bayonet if I entered the house.
NOT GUILTY .
MARIA OXFORD . I am the wife of Mr. John Oxford. I was present at a church at Dorsetshire, twenty—seven years ago—it was cold weather at the time—I do not know the month, but the prisoner is the man—a wedding took place—he married my sister, Elizabeth Derry—I was bridesmaid—she is in London—I saw her last Friday at my sister's house, alive and well—they lived together in the country several years—she was his first cousin—they separated two or three years ago—they lived at Holloway.
Prisoner. Did not you know that I had a wife and daughter? Witness. I did not—I knew him two years before I married him—he was a gardener—I was engaged to a young man, but he over persuaded me—I parted with him some months—I had no money to give him, but plenty of good clothes—he took them away.
Prisoner. The reason that I left her was that she threatened my life four times; I took lodgings, and some for her; she took me up because I could not do more for her; she was a dissipated woman; I had had but little work—I gave two shillings a week when I could, and then cleared it up afterwards if I could not do so regularly.
GUILTY . Aged 49.— Confined Twelve Months.
JAMES MILLER . I live at Stephen's—terrace, St. Mary, Islington. On 21st June last, I missed two coats, two pairs of trowsers, and other things, from my front kitchen, at 9 o'clock in the morning—it is William Bushby's dwelling house—I lodge there, and had just come into the kitchen that morning—I found that a pane of glass was broken in the back kitchen window—part of the glass was taken out near the catch—it was sale the evening before—I
do not know what time—some one had got in through the window—the things were safe at 12 o'clock at night—the window was shut—this is the coat—I received some information, and sent to the police—some things were brought back.
NICHOLAS UNSTEAD (policeman). On 21st June I met the prisoner in White Lion—street, at twenty minutes to 4 o'clock in the morning—he had a bundle—I asked him what he had got—he said he did not know—I said I would see—he dropped the bundle, and ran away—I went after him, but could not catch him—I knew him by sight, not by name—he was caught by Edward Lever—two coats, two pail's of trowsers, and two handkerchiefs, were in the bundle.
Prisoner's Defence. When he stopped me I had not been taken for three months, though I had been about as usual; I had not been away from the place since the job he said was done.
GUILTY * of stealing. Aged 28.— Confined Eighteen Months.
RALPH WARDLAW SPENCE . I am a draper's assistant. I left Aberdeen on Wednesday, 16th Sept., passenger in the City of Aberdeen vessel—on Thursday I missed 2l. 1s. 6d. from my purse in my pocket—I knew it was safe the night I left Aberdeen, at 10 o'clock—the trowsers were at night on a little bench, in front of my berth—I saw the prisoner on board—he was walking about, and at night he was in the same cabin, and in the next berth—3l. were in my purse—2l. only were gone—I went to my berth at 10 o'clock—the prisoner went some time after—there were many people in the cabin.
WILLIAM LOWES . I am a private in the Marines, living at Woolwich. The prisoner I brought as a recruit—the captain asked the prisoner if he knew of the robbery—he said he suspected him, for he did not think that he had so much money at first, and he had changed a sovereign in the ship, and when he got into London he would give him up—the prisoner answered he knew nothing at all of it—I went on deck afterwards to the captain—I spoke to the captain and to the prisoner—I asked him if he had done the likes—he said nothing—I did not charge him, but told him that he was accused of the theft, and that if he had done so he had better give up the money to me—he gave me a sovereign afterwards—I put it into my pocket—I gave it to Mr. Spence.
THOMAS BINFIELD (Thames policeman, 32). I took the prisoner into custody, charged with stealing—I told him to tell me what he had done with the money—he said he had given 1l. up, and changed the other.
GUILTY .* Aged 21.— Confined Twelve Months.
ANN SMITH . I live at Stephenson—street, The Grove. On Sunday morning I was at Benett's—court, at twenty minutes to 3 o'clock—the prisoner dragged me to the next passage, and insisted upon me giving him some
money—I refused, and he struck me with his fist—he then began stripping me of my clothes—he put his hand into my pocket, and took some money—with a knife he cut away my pocket, and took the money—this occurred in the passage, in the house—I followed, and gave him into custody—I saw him taken.
Prisoner. Q. What money had you in your pocket? A. Two sixpences, one shilling, and twopence in copper.
JOHN WEST (policeman). I was on duty on the first Sunday' in Sept., and heard "Police!" called from the court, or thirty or thirty—six yards between the court and where I stood—I went towards the place—I asked what the matter was—the prosecutrix said that the man had assaulted her, and stolen her money—he said the money was his own—he was not running away—I took him into custody—he admitted that he had taken the money from her—her lips were bleeding—I know nothing about her teeth.
Prisoner's Defence. I am a hard working man; I have nothing to say.
GUILTY . Aged 40— Confined Six Months.
MR. RYLAND conducted the Prosecution.
ANN DENNIS . I am the wife of Thomas Dennis, and mother of the prisoner—we live in Seacoal—lane, Farringdon—street. On Wednesday, 12th Sept., I had five half sovereigns and 35s. in silver, &c., in the tea chest, in my bed-room—I saw the silver on Saturday—on Tuesday I missed the money, at a quarter past 8 o'clock—the lad was living at home—he went out after 7 o'clock—he came in again—I saw him coming from the bedroom—he said he only came to brush his hair—I found the money was gone—I said, "What have you done with the money?"—he first denied, then said he had but 30s.
JOHN HARRINGTON (policeman, L 32). On Tuesday, the 12th, I was at the theatre—I took Dennis into custody—he came quietly—I told him his mother charged him with stealing 5l.—he pointed a pistol at my head—I threw him down—he pointed another with his other hand—he said after he had only taken 30s. of the money, and had spent them all—he said he had bought the pistols to shoot his father—they were loaded, fully cocked and capped.
GUILTY . Aged 17.— Confined Twelve Months.
(There was another indictment against the prisoner for the assault upon Harrington.)
JOSEPH GALE . I have been working as a cooper, lodging at Greenwich, for six or eight weeks—the prisoner had lodged there three or four weeks. On 6th Aug. I went home to tea—I saw the boy—I said, "Have you found anything?"—he abused me with very bad language—he then struck me with something sharp, and stamped on my leg, and broke it twice—he had a knife in his hand—I became senseless—I have been lame ever since—I came out last Monday, for the first time.
Prisoner. We had nearly finished our tea; you hit me first on the side of the head; you challenged me to fight; it was the falling that broke your leg; we never quarrelled. Witness. It is not true.
GEORGE BARDON . I am a labourer, living at the same house. I was sent for, and found the prosecutor lying down—he was sober—his leg was broken—the prisoner ran away—I had seen the prosecutor that morning, but not since.
WILLIAM KENCH (policeman). On 15th Aug. I went to this house—I did not see the prisoner—I took him into custody about 12 o'clock—I told him the charge—he said that it was caused by the fall—he said he wanted to wash his face—I would not let him go away—I pulled him back—he ran away—I followed him—he said he would not run away again—next morning he said that the prosecutor was drunk.
Prisoner's Defence. The man got the injury by falling; I first offended him and he returned it; I hit him again; he fell down; I never went near him after; there was no ill—will; he challenged me to fight.
GUILTY . Confined Eighteen Months.
MR. CAARTEN conducted the Prosecution.
ROBERT BENJAMIN HAMPTON . I am a custom house officer at Stepney, On Sunday morning, 3rd Sept., I was on duty at the bottom of Irongate-stairs—there was a steamboat; there was a barge beside the steamer—the prisoner was on the deck of the steam ship—he had a right to be there—my attention was drawn to the prisoner, who had conversation with the mate—I searched the prisoner—the mate asked him where he had been; he said he had been buying some stockings—I searched and found eleven combs in his pocket—these are them—also in another pocket, three boxes, and one in another—I do not feel certain about other things—I received these things from the policeman—there was a shaving box in his pocket—He said he had bought them—I went on board the barge—I found a portmanteau, and by it a package, broken open; it had been sealed and strapped; there was the name of Gosnell on the portmanteau.
Cross-examined. Q. What time was this? A. Half past 3 o'clock in the morning—it was a foggy morning—there was enough light to see the prisoner—I saw the portmanteau after the searching—I do not know where it was broken open—I do not know when the barge came—the prisoner was assisting in his work as a labourer, and was missed from that work by the mate.
JOSEPH STRATTEN . I am in the employ of Edward and Samuel Gosnell—there are three partners in the firm; they are perfumers, and live at No. 3, Key—court, Lombard—street—this property is my employers'—I did up a parcel of such combs on Saturday, Sept. 2nd—I wrote upon these things a few days before—the tooth powders have no private marks—I packed these things in two portmanteaus, with the name of Gosnell on the portmanteau—they were sent to Mr. James to be shipped, about half past 3 or 4 o'clock on Saturday afternoon—one portmanteau was fastened with wax and leather straps of a dark colour.
GEORGE TRICKEY . I am a constable of the Thames police—the prisoner was given into my custody on Sunday morning, at 8 o'clock, charged with plundering a portmanteau—I took the things—the mate said he was missed from his work, and afterwards saw him coming out of this barge—there was something sticking out of his jacket, which the mate took.
REUBEN RATLEY . I am employed by Messrs. Gosnell. On Saturday, 2nd Sept., Mr. Gosnell gave me two portmanteaus to pack, seal, and take; they were leather, and strapped and sealed—I took them to Messrs. Phillips and James.
(The prisoner received a good character.)
GUILTY . Aged 40.— Confined Three Months.
MR. HORNE conducted the Prosecution.
EDWARD THOMAS DRINKWATER . I am an artist—I lend money in the name of the Globe Company—last year, 12th Dec., a form was sent in to me—before 12th Dec., at Silver—street, John Hinton and S. Semark came to me—I had been to inquire after them; they were not at home—Semark said that Hinton was in a position to pay—that he, Semark, was the person described in form, and had been living for two years at this lodging—he showed me two or three receipts for quarter's rent—the note was drawn, and they signed it—this is it—those men are the men who came under the names of Semark and Hinton—I applied for the payment of the money, and receiving no money, wrote to them—I went to their homes; they were not there—I saw them next at the police court.
Cross-examined by MR. SLEIGH. Q. When was this? A. On the evening of 12th Dec.; it was gas light—I have seen neither of them before nor since till at the police court, this month—I saw them and knew them—I gave no description of them—Bennett signed the note—Hinton got the money, and they went out—I will pledge my oath that he was not bald—after the loan, I called to see him; he was not there—the neighbours told me that the people believed they had left—I found that a Mr. Semark did live there, but was not there then—I swear that Hinton signed that note.
WILLIAM CHILDS . I am agent to the Trades' Protecting Society, Wood-street—I knew the prisoner Bennett for some time—I made inquiries as to the persons who lived at No. 29, Argyle—street—I called at No. 29, Argyle-street—Bennett is a carpenter.
HENRY SHAW BALL . I am an engraver and landlord of the house at No. 29, Argyle—street—I let the premises to a Mr. Semark, not the prisoner at the bar—the house continued occupied from Sept. till a week from the Christmas quarter—it remained unoccupied afterwards, and was empty before this—I never let the premises to Bennett—I left a policeman in charge.
NOT GUILTY .
OLD COURT, Friday, September 22nd, 1854.
Before Mr. Justice Erle and the Third Jury.
MESSRS. PAYNE and Mew conducted the Prosecution.
LAURENCE ORMEROD . I am a member of the College of Surgeons; I was house surgeon at St. Mary's hospital on 29th Aug.—the deceased child was brought there about 11 o'clock that night by the prisoner—it was dead when it was brought to me—from its being quite warm I should fancy that it had only just died before it was brought in; it was very much emaciated, and there were marks of bruises over its forehead, and near its mouth, and blood was flowing from its nose and mouth—the bruises on the forehead
appeared recent, they were red; there Were two or three more on the left side, and one large bruise on the right side of the forehead, and there was a bruise on the left side of the mouth—they all had the appearance of having been recently inflicted; they were red puffy marks which afterwards turned to the black appearance that is called a bruise—I made a post mortem examination of the head; in addition to the bruises that I have already mentioned, I observed that the whole head was literally covered with marks of bruises—I also observed some small marks, something like scratches over the face—the body was very much emaciated, and there were also red marks, as of scratches, on its buttocks—I removed the scalp, and saw blood effused between the scalp and the pericranium—that effused blood corresponded with the external marks on the skull—I opened the skull, but before doing so, I observed a fissure over the right frontal eminence, corresponding with the large bruise that I mentioned before; it was not a fracture, it did not go through the skull, only the external plate, the pericranium was not severed; a blow might cause the bone to crack without lacerating the skin—on removing the skull cap, I found a great deal of blood effused between the dura mater, the external covering of the brain, and the bone; and on removing the dura mater, there was blood effused between it and the surface of the brain—on removing the brain from the skull completely, there was blood effused at the base of the brain, more particularly on the left side, there was no laceration of the brain—those appearances were sufficient to account for the death by pressure of the blood on the brain—the organs of the chest and belly were perfectly healthy; the glands in the abdomen were slightly enlarged, but not actually diseased—taking the whole of the appearances together, I should say that the death was owing to external violence acting upon a frame very much weakened by inanition—my opinion is, that that inanition was caused by want of food, inasmuch as the organs of digestion were perfectly healthy; in fact I think they were the very healthiest I ever saw—if several blows had been inflicted upon the head of the child shortly before it was brought to the hospital, I should consider that sufficient to account for the death, and for the appearances I saw—I saw the mother of the child at the hospital some days afterwards, and the child was shown to her by order of the Magistrate.
Cross-examined by MR. SLEIGH. Q. Do I understand you that the proximate cause of death was the effusion of blood on the brain, caused by violence? A. Yes; the immediate cause—I would not exactly attribute the violence producing the effusion of blood, to the blow which caused the fissure; I cannot lay the cause of death to any one particular blow, because blood was effused all over the surface of the brain; the fissure did not go into the brain itself—the shock of a violent injury to the head will cause effusion of blood in other parts, but in this case the blood effused between the scalp and the skull corresponded with the bruise on the outside of the head, and the effusion of blood throughout, corresponded in the same way with the external bruises—I do not mean that there was an effusion corresponding with each bruise, the head was covered with bruises—there was no large vessel wounded, it was the rupture of several smaller vessels, and a blow on one particular part would not cause the rupture of small vessels in other parts as easily as it would cause the rupture of a large body like one of the great vessels of the brain; several small vessels had given way, so that there had been a gradual effusion producing a gradual pressure on the brain up to the time of death—the greater portion of the effusion did not correspond with the fissure, the greater correspondence was on the left side, the fissure
was on the right—it often happens if a blow is given on one side, that a vessel is ruptured on the other—I think the effusion is generally nearly mathematically opposite the place where the blow is inflicted; for example, when a man has fallen from a great height upon his feet, the blow is carried up through his body in a straight line, and the fracture is very often at the base of the skull, that is a well known surgical fact; in the same way if a blow is given in one spot on the head, it is carried in a straight line in the direction in which the blow is given—in a child the bones of the head are remarkably soft—the fissure was about an inch and a half long, and in breadth it was just a line, just perceptible—such a fissure might be occasioned by the forehead coming in contact with an angular or sharp body—it might probably be caused by that—I think if it had been something sharp and angular it would have caused some actual wound on the outside—it might be caused by coming in contact with some hard substance—I should say it was probably caused by some substance harder than the hand of a woman.
MR. PAYNE. Q. Do you attribute the cause of death to the fissure? A. To the effusion of blood—the fissure was not altogether the cause of that effusion—I found an effusion which corresponded with the recent bruises that I saw.
MR. SLEIGH. Q. When the prisoner brought the child to the hospital what did she say? A. She told me that the child had fallen out of bed while she was away from home, and struck its head against a box at the side of the bed—she cried for a short time, probably for two or three minutes—some of the bruises were of long standing, they were of all ages—nothing is more difficult than to state the age of a bruise; I should say that probably none of them were two or three months old—some flesh will retain the marks of bruises longer than other.
JURY. Q. Upon a child in that weak, emaciated state, the marks of bruises would probably remain longer? A. No; I think as a rule it would be generally rather shorter.
COURT. Q. Is the mark of a bruise removed by absorption? A. Yes; in a case like this I think that absorption would take place as quickly as possible, on account of the weak state of the child; because we often give medicines to weaken a patient, in order to assist absorption—the mark on the mouth appeared more like a blow than a sore—I saw no sore or abscess in the process of being healed—I opened the mouth to see where the blood came from, and found it was not caused by laceration, but it came from the mouth.
MR. PAYNE. Q. Would you attribute death to a blow inflicted three months ago, or just before that time? A. To blows inflicted just before that time, certainly.
JURY. Q. Was the prisoner sober? A. She was partially intoxicated—very likely the fright at finding the child dead, might have made her a little more sober, but I can be no judge of that.
ANN GROVES . I live at No. 18, Berkeley—street West. Some time ago, I had a child; it was a boy—it would have been twelve months old yesterday, if it had lived—I gave it out to a woman to nurse in Feb. last, and on 19th June I gave it to the prisoner to nurse—it was baptized "Henry"—I saw it alive on the Friday before its death—I saw it after its death at St. Mary's Hospital; it was shown to me by Mr. Ormerod—I paid the prisoner 5s. a week.
Cross-examined. Q. I believe this poor child was not in a good state of
health from its birth? A. It was a delicate child, but it was looking much better and fatter after the prisoner had had it—I knew nothing of the prisoner before I gave it her to nurse; I was to pay her 5s. a week for taking care of it—I believe she took it to several medical men, she told me so; I know it was a very delicate child—I saw it every other day while she had it, and always on a Sunday I came and saw it for an hour, or an hour and a half.
JULIA BARNES . I am the wife of William Barnes, a coachman, and live at No. 10, Praed-street, Paddington. The prisoner lived in the same house—she said she had a husband—I remember her having the little child Groves, to nurse—on Tuesday night, 29th Aug., I went into the yard, about a quarter before 11 o'clock, and heard the prisoner making use of very shameful and abusive language—she said, "You b—b—, I will shake your b—guts out"—I heard blows at the time—I looked through the window, and saw her sitting on the foot of the bed with the baby in her arms; she was knocking it about its head and face with her hand—I went to the door and called Mary Ann Cork, and she came and looked as well as myself—I never heard the child cry at all, and never heard any sound at all from it—she struck the child twice after Cork came to the window—I saw the prisoner's little girl come out of the room—I went into the room, and told the prisoner she ought to be ashamed of herself to ill use the baby in the manner she had been doing—she said she had not struck the baby—I said it was no use denying it, for I had looked through the window and seen her for the last two minutes—she said, "I certainly have struck it, for the child dirtied itself, and it made me angry"—I said that was no reason why she should illuse the baby—I did not see the child's face, she covered it over with a night gown—she said she would get up, and put it into a warm bath—she did not do so—she got up, and I went up stain to the landlady, and told her what had occurred, and that she had better get up—she did get up, but before she got up, I went down into the passage again—I might have been gone six or seven minutes, and Mrs. Knight passed in with the baby in her arms—while I was in the room, I heard the rattles in the baby's throat, and I said to the prisoner, "I believe you have killed the child, for it has the rattles in its throat; and whatever I have seen I shall say again"—Cork and I were at the street door when the prisoner passed us with the child in her arms—we followed her, and saw her go into the hospital with the child in her arms, and saw her come out again without it—I asked her where the baby was; she said it was dead—I said to her directly, "You have killed it"—a man, named Matthews, who was there, said, "You ought to give her in charge;" and she was given in charge to a policeman—she was first taken to the hospital, and then to the station—I had heard her use bad language to the child before, but I never saw her beat it till that night—she said on the Sunday morning, "The little b—I wish it was in the flames of hell"—I have not heard her use any other bad expression with respect to the child—I have given the child milk and broth two or three times; I could not say whether it had food or not, it appeared to take the food ravenously.
Cross-examined. Q. How long had the prisoner lived in the same house with you? A. Five weeks; I live in the shop and parlour—my parlour was immediately over the kitchen in which the prisoner lived—Cork lives in the front kitchen—I was not standing with Cork at the street door a little before this occurrence—I had not spoken to Cork during the evening, I had been out—I did not see the prisoner come in that night—I cannot say at
what hour she came in—the way from the yard to the kitchen; in which the prisoner lived, is down some steps—the window through which I saw this is in an area—there are wooden railings round that area—when I heard her use this language, I put out my candle, and laid down in the yard and peeped through the railings—I cannot say how many yards it is from the iron railings to the window—there is a little valance of net or muslin across the top of the window—there was no blind where I saw through the window—the prisoner had got a candle on the bed when I saw her—she was sitting up in the bed with the baby on her lap—I saw the child frequently during the five weeks—it was always a very weak, sickly child; the prisoner frequently took it to the doctor's—I have frequently expressed my pity for the poor child, on account of its weak and sickly state, and I have said that it would be a release if the poor little thing was out of the world; it was such a poor, emaciated child—I believe the prisoner used to bring home medicine for it—the prisoner was not sitting up in that portion of the bed, in which a person would be if she had been previously lying down; she was lower down in the bed than that, more towards the foot—she was too low down to lie in the bed—Cork was not with me when I went into her room—she was not present at any of the conversations between me and the prisoner—she did not go into the room at all; she looked through the window, and went back to the door—I mentioned before the Coroner, the words I heard the prisoner use; they made me say the words there—I was in the water closet when I heard the words, about four feet from the window; and the bed was about the same distance from the window—there are bed curtains, but I could not see them from the window—the prisoner was undressed; she had got into bed, and when she got in, the child had dirtied itself, and she could not lie down—the child had dirtied the bed—the window through which I looked was shut; I had to look through the glass—there was a candle on the foot of the bed, her little girl Sophia was showing her a light.
Q. Did not you hear the prisoner scolding the child, Sophia, for so placing the child on the bed that it had fallen off? A. I never heard her say anything to her daughter—I did not stay in the prisoner's room more than two or three minutes, because I found that the child was dying, and I went up to the landlady—when I first heard the prisoner I was in the yard—I did not hear her mention her daughter's name, or address herself to her.
MR. PAYNE. Q. How old is her daughter? A. I think about eleven years old—the prisoner never said a word to me about the child having fallen out of bed—I could hear distinctly what her words were—the place was very still—she was making use of very bad language indeed—there was no curtain to the lower part of the window to prevent my seeing through—I distinctly saw what she did to the child.
MR. SLEIGH. Q. The prisoner was not perfectly sober, was she? A. No—she never said anything in my hearing about the child having fallen out of bed on a box.
MARY ANN CORK . I occupy the front kitchen at No. 10, Praed-street, Paddington. On the night of the 29th Aug., about a quarter to 11 o'clock, or rather later, Mrs. Barnes called me—I went and knelt down at the window—there was a bar torn from the railings round the window—I put my head in there, and saw the prisoner knock the child twice—they appeared very hard blows by the way she was holding her hand—I heard her say, "You b—,"but I did not hear what—she struck the child on the side of the head with her open hand—they were slaps—I had before
that heard her say to the child, "You little b—, I wish you were dead!"—I have heard her say that on more than one occasion—I went with Mrs. Barnes, and saw the prisoner take the child to the hospital.
Cross-examined. Q. How long before the death of the child, did you hear the prisoner make use of these words? A. About three weeks before—my mother was in the room at the time, and heard it—it was said in the prisoner's own room, the back kitchen—the child was a very sickly, weak child—I have often said it would be a release to the poor little thing if it was dead—the prisoner has said the same, and she said she should be happy if it was dead—I did not go into the kitchen with Mrs. Barnes, I went to the street door to see if I could see a policeman—I saw the prisoner when she came up stairs with the child in her arms; she went straight past me—I did not hear her say that the child had fallen from the bed on to a box at the side of the bed.
MR. PAYNE. Q. Did she say anything about it at all when she passed you with the child? A. She did not; she never spoke.
JOHN DAVIS (policeman, D 132). I took the prisoner into custody on 29th Aug.—I heard some person say that the woman ought to be taken in charge for killing a child—I then asked what woman it was, and they pointed to the prisoner—I asked her where the child was—she said it was in the hospital—I took her to the hospital, and saw Mr. Ormerod, who said he had taken it from the prisoner, and it was dead—I then took her to the station—on the way there she said that she had not killed the child, neither had she illused it, but that it had fallen from the bed on to a box, and fell between the bed and the box—she said she had been a slave to the child night and day—in consequence of what she said I went to the house, and examined the state of the bed and the box—I found a box standing close to the bed—the child could not have fallen between it and the bed—I found marks of blood, apparently fresh, on the hangings at the foot of the bed.
Cross-examined. Q. You say that the box was standing close to the side of the bed? A. Yes; and towards the head of the bed—it might have fallen on the box—I cannot tell the exact height of the box, but it was nearly as high as the bed—I could not say how high the bed was—I took no measurement, only by sight—I cannot say how high the bed was, but the bedstead was not more than three feet and a half from the ground—I should say the box was quite twelve inches high—I should say the top of the bed was about nine inches above the box.
(The prisoner received a good character for kindness and humanity in general, and for her kind attention to the deceased child.)
GUILTY of Manslaughter. Aged 37.—Recommended to mercy by the Jury.
Confined One Month.
MR. LILLEY conducted the Prosecution.
JOHN WHITE (policeman, D 125). I was on duty in the Regent's-park on the evening of 11th Sept—about a quarter past 6 o'clock, I heard a noise proceeding from the canal—I went to ascertain the cause, and saw the prisoner and two children standing by the side of the canal—I saw her lay hold of the younger one, Thomas Parker, and throw it backwards into the canal—she then turned round, laid hold of the second one, Henry Parker, by the arm, and turned towards the water—I rushed down, and pushed her up the bank, got into the canal and pulled out the child that was just up to its neck in the water, and was going down—the water is about six feet
deep there—the prisoner said, "I meant to do for the three"—I made a search, but could not see anything more than a basket, which was afloat—I got it out, but I could find no other child—I told the prisoner she must go with me to the station—she was very violent, and turned round and ran down the bank—she was drunk—she went on quietly for a time, and then she turned round and laid hold of the railings—at the station she said had I not arrived, she intended doing for herself and the two children, and she would then before morning—she continued to be very violent—she said she came from Essex—next morning she said that she came from Plaistow, in Essex, that her husband had ill-treated her, that he had beaten her several times with the determination to do for her two children and herself also—I did not see her searched, but the money was given to me—she had 3s. in silver, 1d. in copper, and a duplicate.
Cross-examined by MR. PARRY. Q. It was a duplicate for a petticoat, was it not? A. Yes; she appeared excited and very drunk, she was very violent at the station—when she rushed from me and ran down the bank, it was done violently—I prevented her, or most likely she would have thrown herself into the canal—by saying she would do for the three, she meant herself and the two children—the children are in the care of the workhouse, I have not seen or heard of the father—the children have not been injured—I saved one from being thrown in, one was in and I took it out—she was very much excited when she said she would do for herself and the children—it was said while she was drunk—she has a plaster on her head now; she had not at that time—she did not complain of any blow on her head; she said she had been ill-used by her husband—she did not complain about her head—I do not know that any surgeon has seen her.
MR. LILLEY. Q. Did you see her the following morning? A. Yes; she was sober then—I was present when she was before the Magistrate; she was sober then.
(The prisoner's statement before the Magistrate was here read:—"It was only the, trouble; my husband knocked me about so on Saturday and tried to strangle me; he left me six months before, and ten days as well; he said he would kill me as last night if I was at home; he has cut my head told ear with a stick; I have nothing more to say.")
JURY. Q. What depth of water was it where you stood? A. I did not stand, I did not find any bottom.
GUILTY . Aged 28.—Strongly recommended to mercy by the Jury.— Judgment Respited.
MR. ROBINSON conducted the Prosecution.
MARY ANN CHAMBERS . I am the wife of James Chambers, I knew the deceased William Davies; I lodged in his home in St. Ann's-road, Stepney. On 17th Aug., about 3 o'clock in the afternoon I was in the kitchen of the house, and heard Mr. Lye and Mr. Davies talking outside the street door—I heard Mr. Davies say, "I can't let you have them now, I have got some hills to set to rights, but you shall have them;" Mr. Lye was not talking in an angry tone—immediately after, I heard the street door open, and come with force against the wall—I came from the kitchen into the passage which is on the same level, and saw Mr. Davies lying in the passage on his hack—MR. Lye was by the side of him—Mrs. Davies was up stairs with her daughter—I called for her, she did not come—I called again, and in the meantime Mr. Lye took Mr. Davies by the coat and shook him—MR. Davies
then got up, and Mr. Lye took hold of him again by the coat and shook him, and threw him down upon the stairs—he was standing about half a yard from the stairs at the time—he fell from the violence of the throw, with his right side towards the banisters, and his head on the stairs; his heels were on the mat—he said, "Oh! oh my!"—his daughter, Mrs. Oram, came down immediately, and she took hold of Mr. Lye by the coat, and held him till such time as she got him out at the street door—he aimed three blows at her face while she was holding him, but one caught her on the cheek.
Cross-examined by MR. BALLANTINE. Q. Are you at all connected with or related to Mr. Davies? A. No; I am a married woman lodging in his house—my husband is a seafaring man—the first I heard was, Mr. Lye speaking at the door—he had not knocked at the door—he had come to Mr. Davies, and was speaking quietly—then I heard the door slam, and when I went I found Mr. Davies lying on the floor inside the door—I did not hear him speak after that—they had been outside the door talking—I think perhaps Mr. Davies was trying to come in, and Mr. Lye might have knocked him, but J do not know—MR. Davies was accountant to Mr. Lye, and Mr. Lye came for his accounts—MR. Davies was not ready with them—I cannot say whether or not he tried to push the door in Mr. Lye's face, or whether it was in that way that he tumbled—I do not know with what intentions Mr. Lye took hold of him, I was excited at the time at such an uproar—MR. Davies tried and struggled to get up in the best way he could, and then Mr. Lye took hold of him and shook him—he did not fall on the stairs; I saw Mr. Lye shake him very violently, and throw him down on the stairs—he was a very old, infirm man—I have known Mr. Lye before—he is very deaf—I never quarrelled with him—I am quite sure about that.
MR. ROBINSON. Q. Have you any feeling whatever against him? A. No ill feeling—it was Mrs. Lye who got me the lodging in Mr. Davies's house—I had lived servant with them—MR. Lye is a very irritable man.
ROSINA ORAM . I am the daughter of the deceased—he was seventy-four years old—I live in St. Ann's-road. On Thursday, 17th Aug., I heard Mrs. Chambers calling me down stairs—I went down, and saw my father in the passage—MR. Lye had hold of him, when I first saw him, about half a yard from the bottom stairs, and then he thrust him down on the stairs—I rushed down to the side of my father, and took Mr. Lye by the shoulder, and struggled with him to the parlour door—he tried to get from me—I still held him—he aimed three blows at me—one caught me under the chin, and he bruised my arm from the elbow to the wrist, in trying to get from me to get into the parlour to obtain the books—I did not hear anything said about the books—my father had the accounts to make out for Mr. Lye—I did not hear him say anything about the books at that time—his manner was more like a lion than anything else—I had seen my father that morning—he was then in his usual health, indeed he was better than he, had been for some years—he was infirm.
Cross-examined. Q. What do you mean by his being like a lion? A. His manner was so rough and uncouth; he was not like a man at all—he got his face scratched—that my mother did—when she saw the situation I was placed in, she flew at him, and he struck her a blow over my shoulder, which felled her to the ground—what he did to my father was not to let him fall on the two bottom steps; he thrust him down on the two bottom steps—I am not aware that I have ever said that he let him fall on the two bottom steps—my father would not let Mr. Lye have the books, because he had a few little accounts, which he told him he wished to
make out, and he should have them by the morning, at 8 o'clock—he did not receive money for Mr. Lye; he merely made up the accounts at so much a week—MR. Lye had been there the Saturday previous for the men's accounts, which my father gave him.
HENRY HANKS . I am a surgeon, of Beaumont-street, Stepney. On Thursday, 17th Aug., I attended Mr. Davies, about 6 o'clock—I had never seen him before—I found him in bed, supported by pillows—his breathing was load, whistling, and short—I examined the chest, and found symptoms of fractured ribs—he seemed much agitated—there was pain beneath the right blade bone, increased by inspiration, by coughing and motion—he died about a quarter past 7 o'clock on Friday—I made a post mortem examination on Monday, 21st Aug.—J believe the cause of death to have been fracture of the ribs, producing a shook to the system of a man enfeebled by age and disease—he appeared to have suffered from asthma, as a symptom of a disease under which he laboured—I examined the lungs, and found them diseased, but there was nothing to account for death, except the broken ribs—it would not require considerable violence to produce the injury I saw, in a man of his age—it would require some violence—if he were thrown against the stairs that would in him be sufficient to produce what I saw—the bones are more brittle in advanced life—the ribs were broken on the right side.
Cross-examined. Q. In feet, in your opinion, he died from a shock to the system, occasioned by the tumble? A. By the violence—I did not perceive that the broken ribs pressed upon any vital part so as to occasion death—there was no laceration of the lungs—they were the inferior ribs that were broken, the lower ones—that would affect the lungs during the application of the violence, by inward pressure—I discovered the lung on the right side to be of a darker colour than the left—that would be from congestion.
CHARLES MILLS (policeman, K 300). I apprehended the prisoner on the Friday night—I told him I was a police constable, and the old gentleman was dead—I was not aware at the time that he was deaf, and I repeated it to him, putting my mouth close to his ear—I said, "The old gentleman is dead; you must consider yourself in custody for causing his death"—he said, "My God I never touched him"—he appeared very much staggered, and shed tears; I had to hold him—he said, "If he was injured the women must have trod on him; they were like lions; I was obliged to strike the woman, but I did not mean to hurt her, poor thing; my disposition is different to that"—he showed me his face—I saw some marks on it.
Cross-examined. Q. Was his face much marked? A. Yes, there were two long marks down the face—the deceased's wife had her lip cut—he appeared very much astonished when he heard that he was charged with killing the man—he staggered, and I fancy he might have fallen if I had not taken hold of him.
(The prisoner received an excellent character from a number of witnesses.)
GUILTY .—Recommended to mercy by the Jury.— Confined One Month, without hard labour.
NEW COURT.—Friday, September 22nd, 1854.
Before Mr. Justice Crowder, and the Fifth Jury.
PLEADED GUILTY .— Confined Six Months.
MESSRS. RYLAND and LOCKE conducted the Prosecution.
RICHARD GREEN (City policeman, 421). On Monday, 5th Sept., 1853, between 1 and 2 o'clock in the morning, I was on duty in Cannon-street West—I heard a crackling noise inside the premises of the defendant, No. 21—the door was fastened—there was no one residing on the premises—policeman Russell came up, and called out, "Fire!"—I remained at the door while he went for the fire engines and the turncock—the engines arrived in about five minutes—the fire brigade is almost close to those premises—when the firemen arrived they broke the door open—I went in with them, and observed several large boxes of lucifer matches on fire, and part of the partition—there were about fifteen boxes—they were about four feet long and two feet high—we took them out of the house after we had worked upon them with the engine—a great many of the neighbours came out—the fire continued burning two or three hours—the engines were playing upon it during the time—besides those boxes that I observed when I went in, there were a great many smaller boxes—they were taken away in two or three vans, which were partly filled—I should think there were about two van loads—I was on the same premises on 29th July—I then observed several large packages of lucifer matches—some of them were open—I had been on those premises three or four months before the fire in Sept—I then saw nearly twenty of those large packages—they contained lucifer matches—some were open, some were closed—I recollect attending the inquest held before Mr. Payne on 9th Sept., 1853—MR. Bell was examined before Mr. Payne.
CHARLES KEYS . I am clerk to William Payne, Esq., the Coroner. Mr. Payne took down the evidence of the defendant: reads, "Richard Bell, of 21, Cannon-street West—'These are my premises; I have carried on business there about fifteen years; I am not oftener there than once a week, some-times once a fortnight; my son George is there every day; I was not there on Saturday; I have been there since the fire; the suspicion that I have for the origin of the fire is the rats in the cellar; I do not think the matches would ignite spontaneously; we had a strong room for books; it might be that I was compelled to build it before I got possession; it was pulled down, perhaps, six or nine months; I pulled it down to make room; it was perfectly useless; we never made use of it; I do not suppose there was a box of matches in it for some years; I think the object of the strong room was to keep the books in; the strong room would not have contained one-twentieth part of my stock—it was intended that the lucifers should be put in the strong room; Mr. Black managed the business in town for me at that time.'"
Cross-examined by Mr. CHARNOCK. Q. There was no injury done to the
neighbouring premises? A. No; there have been a great many fires since the inquest was held—it is not an uncommon thing to have a fire—I never knew any fire from lucifer matches before—there are a variety of manfacturers in the City—there are not many grocers—I do not know whether there are many oil shops which sell oil, turpentine, and bees' wax—they sell lucifers; and I believe doctors', and grocers', and chandlers' shops sell them—there were several boxes there, two feet high, four feet long, and two feet wide—none of them were empty; some had got a few in them—some were a quarter full, and some half full—I think there were none not filled at all—there were fourteen or fifteen boxes, or more—I can undertake to say that most of them were full, and had lucifer matches in them—I said there were fifteen—I did not count them—I cannot tell how many were full—there were a great many that were not in cases—I know that Mr. Bell has been on these premises many years—I never knew any fire there before nor since—I do not think he manufactures these articles there—I have not been to his factory at Wandsworth—I know that he lives on the premises where these are manufactured—I was present when those boxes were taken out and put into the vans—there were two four-wheeled spring vans—it took two vans to take fifteen boxes—the boxes were not all burnt—there were broken boxes, and other things—there were a great many small boxes, containing grosses—some of them were put in—I did not notice whether there was any furniture—I went before the Magistrate on this matter in Aug.—I did not go before the Grand Jury; I was not called.
COURT. Q. What sort of vans would they be to require two of them to carry fifteen boxes; I should think it would not take two vans to do that? A. They took them away in two vans; they appeared full.
MR. RYLAND. Q. You say they took all the things away at once? A. Yes; I never saw so many cases of lucifer boxes—the premises were not furnished like a dwelling house.
MR. CHARNOCK. Q. Do not you know that persons lived in the house just before the fire? A. I think it has not been inhabited since I have known it; I have known it these two years.
JAMES RUSSELL (City-policeman, 474). I was on duty in Cannon-street West, on the morning of this fire—I was the first who discovered it—I went for the engines and the turncock; they came promptly and worked very hard—I did not go into the premises—I saw two vans at the door the next morning; I do not know what they took away.
Cross-examined. Q. Had you known the house long? A. Yes; six or seven years—I know nothing about the occupying of the house—I know the house was there—I do not know that the upper rooms were occupied before the fire.
JOSEPH GERRARD . I am one of the firemen at the Watling-street station—I recollect the fire on the defendant's premises on Monday morning, 5th Sept, 1853—I was called out about half past 1 o'clock—I was there with the first engine—I found the fire issuing up at the back part of the premises—it was what we term a small fire—I saw the flames issuing out of the back premises, going up from the skylight, which is over the ground floor, at the back of the premises, over the back warehouse—I broke open the front door, and discovered the lower part of the premises all on fire—I worked the engine upon it—it was at work, on and off, for I suppose about an hour—I observed the partition between the shop and the staircase; it was nearly burnt through—I should think the adjoining houses were not in any immediate danger—I saw some packing cases, as I term them; they contained lucifers—I cannot at all account for the cause of the fire—there
was nobody in tire house at the time that I am aware of—I saw nobody come down stairs—there were about twenty of our own men there to extinguish the fire—I observed the lucifer matches; part of them were burnt—there was a very disagreeable smell, I should say of phosphorus—there were a great many of these things burnt—I do not think any of the boxes were closed—the lids were burnt off—I should think the boxes were about there feet square—they were not four feet long—besides the lucifers in the boxes there was a great quantity on shelves; some in tin cases, and some in wooden boxes—a great portion of them were on fire.
Cross-examined. Q. Do you get more when there is a large fire than when there is a small one? A. Not a farthing—the boxes that I saw were all full—I did not see any that were empty—I did not look into them, I had no occasion—we carried them into the street—I cannot tell whether there were any cases which did not contain lucifers—the adjoining houses were not more in danger than they would have been in an ordinary fire—I cannot tell about the number of the boxes—I would not swear there were fourteen or fifteen, or that there were two van loads—I dare say there were two van loads of rubbish, and boxes, and all—there was a great quantity of ceiling and stuff fell down—I could not say what the origin of the fire was; I first saw it through the skylight in the yard, and that covered the continuation of the ground premises—I did not see anything like candles there, or anything that had the appearance of having been lighted—the premises are lighted with gas—the place is about forty feet long, and from fourteen to eighteen feet wide—a portion of the boxes were under the skylight; that part is very small—the shop is larger than the warehouse; the shop is three or four times as big as the warehouse.
MR. LOCKE. Q. Was the front shop full of lucifers? A. I saw a very small quantity in the front part; there were lucifers in the back part—the shop was on a level with the back warehouse—the front shop is divided from the back shop and warehouse—there were some lucifers in the window, and some on shelves.
COURT. Q. You were asked whether the shop is not three of four times the length of the warehouse? A. Yes; I think it is—it is, but one shop, divided by a partition—I cannot tell how many tin oases there were—there were a good many wax tapers.
EDWARD HENMAN . I am retired from business, and live at Holloway—I have premises next door but one to Mr. Bell, in Cannon-street, West—I occasionally sleep there—I slept there on Sunday night, 4th Sept, 1853—I had known Mr. Bell for years as the keeper of No. 21, I knew the nature of the stock he kept on those premises—I did not like it much—on Monday morning 5th Sept., I was alarmed about half past 1 o'clock—the flames were issuing out to a very great height, and the smell was suffocating—I was considerably alarmed, I considered the premises all around to be in very great danger—there was a speedy alarm, and assistance as speedily as possible—but for that, the whole neighbourhood must have been destroyed—I opened the window, called the police, and desired them to go round to Mr. Braidwood, and to bring all his force immediately in consequence of the danger I thought the neighbourhood was in—I got up, went down, and went out—I should think it was about an hour before they got the fire under—I saw Mr. Bell in the course of the morning—I saw a great many things that had been brought out, and thrown in the street, such as boxes, partly broken, and partly burnt—there were a great many lucifers on fire in the street, and the engines were playing on them—there was a strong smell for some days—I had some conversation with Mr. Bell some time on
the Monday—he told me that he considered that the nature of the business was of so dangerous a character, that he declined to let the upper part of his premises, or to let any one reside there—he stated that the business was of an unprofitable character, and it was his intention to give it up after what had occurred—I consider it was a dangerous stock to be kept there.
Cross-examined. Q. Was any one with you when the defendant said that? A. Yes; Mr. Wood was present—he has premises adjoining, and if it had not been for the iron shutters their premises would have been destroyed—I use lucifers—I cannot answer whether my maids do—I have one box of them in my bed room—I do not carry them about with me—I have vestas—I do not think there are any oil shops, or chemists in Cannon-street West—I have been anxious about this matter, and my neighbours were so anxious that we called on the Coroner, and begged him to call an inquest—I knew Mr. Bell's premises before the fire—I think that persons for a considerable time lodged there, but not at the time of the fire—I should think not for two years before—to the best of my belief there were not persons lodging there, till within three or four months—MR. Bell stated that he thought it was possible the boxes might have been knocked down by the rats, and in that way the fire might have taken place.
Q. But have you not said that Mr. Bell said he thought they bad ignited spontaneously? A. Certainly not; he told me that the only way in which he could account for it was that the rate might have knocked down the boxes—I heard the defendant state at the inquest, that he thought the fire ignited spontaneously.
COURT. Q. You have heard him say that these, things would ignite, and bad ignited spontaneously? A. Yes.
HENRY WOOD . At the time of this fire I occupied premises near Mr. Bell's—I was not sleeping there that night—I gut there by 9 o'clock, or a little after 9, on Monday morning—I found in the street the remains of cases and the lucifer matches lying on the footpath—I saw Mr. Henman and Mr. Bell, and heard some conversation between them about the fine—Mr. Bell said he considered the stock so very dangerous that he would not allow any person to live in the upper part of the house, and he should get rid of the premises, and give up the business—he said he could not account for the fire—I have a clerk named Ashdown—he lives on our premises.
Cross-examined. Q. I suppose you have taken some interest about this fire? A. Yes—this conversation took place on the Monday—I know that Mr. Bell is still on the premises—I do not know that he has laid out property in constructing a room—the Fire office repaired the premises—I never buy any lucifers; my servants do—I do not know whether they use Mr. Bell's—I have a good deal of property in the neighbourhood—I was not before the Magistrate—I was asked by the solicitor's clerk to come here to-day—I did not make any memorandum of this conversation—I do not know that Mr. Henman and I have talked it over—there never was any fire in. that place before—I have lived there forty or fifty years—I know the house was occupied before the fire, but not lately—I think no person resided on the premises for the last eighteen months before the fire—the house is to let; there is a board up now.
WILLIAM M'DANIEL . I assist Mr. Kensit, the clerk to the Skinners' Company—they are the freeholders of the premises, No. 21, Cannon-street West—MR. Bell was their tenant—I have heard that some years ago some complaint was made of the stock he kept on those premises—the complaint was made in our committee—I am not present in the committee—I remember Mr. Bell's agent attending, the company—I have seen Mr. Bell
there—I know that he represented that he had built a strong room; that was through his agent to the company—I do not know what a strong room is—I have seen Mr. Bell there since on the subject of the fire—he made no statement to me at all—he came to see Mr. Ken sit, but not in my presence.
ROBERT WALLBUTTON . I am a builder. I superintended the erection of a strong room in Mr. Bell's premises, in Cannon-street, fifteen or sixteen years since—a person of the name of Black gave me the directions, who I understood to be Mr. Bell's partner—they told me the strong room was to be built to contain tin boxes, and these tin boxes were to contain the stock of lucifer matches and wax vestas—the room was about eighty feet superficial area, about ten feet by eight—it was about nine feet high—I completed the room—I recollect the fire that took place in Sept., last year—I had seen the premises occasionally before that—I was on the premises three or four days, or a week, after the fire—I could see that the room had been removed.
Cross-examined. Q. "Was this room brick or iron? A. Brick, iron, and stone—I have built another room since the fire—it is partly on the same spot—it is quite fireproof—I should think it has been completed about six weeks—if the matches were put in that place I should say they would be perfectly safe—I am acquainted with making fireproof places—I had not been on the premises after I completed the room till after the fire—I took no notice of the amount of stock on the premises—I did not notice anything but two or three boxes, when the last room was built—stock put in that room would be perfectly safe—I cannot tell what the room will cost; it may cost perhaps 50l.—I have been in business for myself about nine years—we have built several fireproof rooms since I have been in business for myself—I built the room as if I had been building it for myself, and had had a large quantity of goods and plate.
MR. LOCKE Q. You were at the Mansion-house on the inquiry about this matter? A. Yes; I cannot recollect whether it was before or after then that I commenced building this strong room—we had got it in hand about a fortnight, and it was completed about six weeks ago—I have not been there since the iron door was put on its hinges—it is the same door that was on the first room, and that door had to be sent to the smith to have it completed—I sent to the smith to know if it was completed, and he sent word that it was—I do not know when the iron door was fixed—I suppose about a month ago—I can say that the iron door was put up, and the whole thing complete a month ago.
DR. HENRY LETHEBY . I am professor of chemistry at the London Hospital. I have the remains of lucifer matches which I obtained from Mr. Bell; I got them on 13th April last—they are made of slips of wood, the composition on them is chlorate of potash; blue and colouring matter which is a preparation of iron—they are very combustible—I have made experiments as to under what circumstances they will ignite—the temperature at which they will take fire varies from 140 degree to 200 degree, according to the condition of the atmosphere—the temperature of 140 degree is one that may exist, or may be produced in a shop window exposed to the sun enclosed in glass, so that lucifer matches may take fire when exposed in that manner to the summer sun—I found also that they were fired by very slight friction—some of Mr. Bell's matches have fired in my house from falling from the chimneypiece though I did not see them—the maid has told me so, and brought the box to me—I can also state that some of Mr. Bell's matches were standing on my laboratory table, and I was making some experiments with the pestle and mortar merely shaking the table, and they went off
spontaneously, and set fire to the paper and everything about them—I believe from this that the falling of a box from the chimneypiece might fire them—supposing there were a place where there were a great number of these, the rats running about and throwing down the boxes, might fire them—the phosphorus exists in the matches in the state of a powder, and if any of the powder remains on the surface uncombined with the other materials, it may take fire spontaneously at an ordinary temperature without any friction.
Q. If these matches had been kept for some time perfectly dry, would the phosphorus become powder? A. I can hardly tell, but if it has not been carefully prepared it will do so—in my judgment it is dangerous to the house and the neighbourhood to have large quantities of these things kept.
(The witness here poured some liquid phosphorus on a sheet of paper, and when it was dry it took fire and burned.)
Cross-examined. Q. You say if there were dry powder on the match it might ignite, but if there were none it would not? A. No—there is phosphorus, and oxide of iron, and chlorate of potash in these—oxide of iron is known under many names—a man might purchase it and not know it—I cannot tell what other matters are in this preparation—I only sought for those things which I know to be mischievous—there is nothing that can be introduced into these lucifer matches, in my judgment, that will reduce the disposition to ignite—I have seen matches made in most of the large factories—I never attended Mr. Bell's—I have had to attend to the diseases of many persons employed in match factories—I do not know how Mr. Bell makes them, but I think there is no great secret in it—it is my opinion that these matches have no controlling matter in them to prevent the ignition—they will ignite at 140 degree—if they were in these boxes, enclosed in another box in a window, and there were a thermometer of 140 degree, they might ignite—I have only known by report of matches igniting in a shop—I have known a heat of 140 degree in a shop, and I have had it on my own premises, in my glass case outside my drawing room window, which, I believe, is in a southern attitude—140 degree is not an immense state of heat—the temperature in this Court now is, I suppose, about 89 degree—I know that the Germans make those matches also, but the Germans have no chlorate of potash in them; they use nitre instead, and, as a rule, they require a higher temperature than others do—they are what are called silent matches—the defendants shop was shut up, and it was in the night—there could be no 140 degree then.
HENRY ASHDOWN . I am clerk to Messrs. Wood and Co. Their premises extend to Red Lion-court, at the back of Mr. Bell's—I and my wife reside in a place adjoining Mr. Bell's premises, and we have done so just on two years—on 5th Sept., last year, I and my family were awoke by the watch—I opened the door, and saw a great light in the back room—I saw Mr. Bells premises, and the flames were issuing above our window, which is the second floor—they were issuing with great violence, and the heat of the room was intense—the flames came from Mr. Bell's back building—I knew the nature of the stock in Mr. Bell's premises, and I saw a large quantity of stock on the premises on the morning after the fire—there were fifteen or sixteen cases, and I smelt a sulphureous smell, showing that a great quantity of matches had been burnt—my family has resided at the back of the premises two years, and myself longer than that—we have felt alarm—we have never been comfortable any night—we have thought we might be called up any night through the premises being on fire—Messrs. Woods
have a large and valuable stock on their premises—they signed a petition to the Court of Aldermen.
Cross-examined. Q. How long have you felt alarm? A. Ever since the fire took place—I go to bed every night—I cannot say that I have slept soundly—my wife often calls me up from alarm—I do not know whose lucifers I burn—I have been there six years—there never was a fire there before or since—I went over Mr. Bell's premises with Mr. Braidwood after the fire—I did not examine the cases—I looked in, and saw they contained lucifers.
THOMAS SMITH . I am a surgeon, and live in Bow-lane. My premises are about fifty yards from Mr. Bell's—I live and sleep there with my family—I know the nature of the stock which Mr. Bell has been keeping on his premises—I am not afraid of keeping matches in my bedroom, but I have been alarmed for myself and my neighbours from the stock that Mr. Bell keeps.
Cross-examined. Q. You use matches? A. Yes—I have lived in that neighbourhood eighteen or twenty years—I have heard that Mr. Bell is a very respectable man—I use Bell and Black's matches, who live next door to me—they have lived there ten or twelve years—I have not been alarmed all that time—I was alarmed when the fire took place—there was no fire there before or since—there was a fire next door to me through Bell and Black's matches.
COURT. Q. You say Bell and Black live next door to you? A. Yes—they sell lucifer and vestas matches—they have a very large quantity in their shop—to the best of my belief they have been there six or seven years—MR. Richard Bell's is at the back of my premises, and Bell and Black's is at my right hand—I think there was an alarm of fire about two months ago—there was a fireman about, and some water scattered about—it was soon put out.
WILLIAM MONK . I reside in Red Lion-court, at the back of Mr. Bell's, within twelve or fifteen yards of him. I recollect the fire in Sept. last year—I have been rendered uncomfortable from the nature of the business carried on by Mr. Bell—I have a wife and family residing there—I have not observed the quantity of stock kept at Mr. Bell's.
ANTHONY SEARD . I am a bootmaker, of No. 24, Cannon-street West. I had a wife and family there previous to the fire—I knew the nature of the articles kept on Mr. Bell's premises—I always considered them dangerous—I always felt great anxiety, and fearful of the stock taking fire.
Cross-examined. Q. How long have you lived there? A. Three years—I felt alarmed before the fire, and since—my wife and family do not reside there now—I carry on business there.
THOMAS ALLEN CREATON . I am a painter and decorator. I was carrying on business next door to the defendant when this fire took place—I was aware of the stock kept on those premises; I knew he kept a large quantity of matches—I did not feel particularly alarmed till the fire—I did afterwards, because I thought it might occur again—I removed my wife and family—I imagined that there was danger in living near those premises.
CHARLES PEARSON , Esq. I am the solicitor to the Corporation of London. I remember this subject being brought before the Court of Aldermen on 29th Sept., 1853—there was a presentment from the Ward Inquest, a petition signed by a number of persons—the Court referred it to me to take such steps as I thought proper—I did not visit Mr. Bell's for a considerable time, having been informed that he was about to remove or discontinue the
business—I did not take any steps for several months—I did go to the premises, and told the persons there who I was—I think that must have been in May or June last—I inspected the premises—I saw that there was no strong room for the deposit of these articles—I purchased a box of matches for the purpose of analyzing, telling them what I did it for—I placed it in the hands of Dr. Letheby, and took proceedings—MR. Bell was not in the shop when I was there—I had reason to believe that there would be a strong room made after I had been to the premises, but I cannot say that I knew there was a strong room till I first heard it here to-day—if I had known there had been a strong room before I preferred this indictment I should not have preferred it, but have referred it to the Court of Aldermen whether it would not have been a sufficient reason to abstain from the indictment.
COURT. Q. Supposing there had been this strong room, and there had been security that stock of this description should be deposited there, you would have submitted it to the Corporation? A. Yes.
COURT to DR. LETHEBY. Q. What would be the effect of a quantity of matches lighting; would they produce a flame, or a smouldering fire? A. A smouldering fire, not an explosion.
GUILTY .— To appear and receive Judgment when called upon.
PLEADED GUILTY .— To appear and receive Judgment when called upon.
MR. THOMPSON Conducted the Prosecution.
CHARLES BLAKE (policeman, T 177). I know the prisoner—he lives in One Tun-alley, Old Brentford. On 10th Sept. I went to his house—I found some things in some cupboards, and in a Cellar—amongst them were this syringe, this chopper, and paint brush, and fork and net—they were in a cellar under a trap door, over which there was a Back—the prisoner was at the station when I searched his house—I told him I had found these things—he made no answer—he did not say who they belonged to.
Cross-examined by MR. M'INTIRE. Q. Do you know that that is the house of the prisoner? A. Yes—he made no opposition to my searching the house—these things were concealed—they were in a cellar, and in cupboards up stairs—the prisoner had the key of one cupboard, and in that was the key of the other cupboard.
RICHARD FRANKLIN . I am gardener to Mr. William Laurence, of Ealing Park. I know the prisoner well—he worked for Mr. Laurence as a carman—I identify this syringe and chopper as belonging to Mr. Laurence—there had been a mark on this chopper, which has been partly erased—the prisoner had been in the habit of using the chopper, but not the syringe—I only know this paint brush, by its having "W. L." on it—we had nets similar to this.
Cross-examined. Q. This paint brush is an ordinary one? A. Yes—I know this syringe by this mark upon it, where it has been mended—any syringe being mended would be mended where this is—I believe this has been missed about eight months—I had never suspected the prisoner—he would have the chopper in use, and if he had been working out he might take it home.
NOT GUILTY .
MR. THOMPSON conducted the Prosecution.
THOMAS BAILEY . I work for Mr. William Jupp, of Brentford. The prisoner occasionally came and brewed for him—these sacks have Mr. Jupp's name on them—the prisoner was in the habit of collecting sacks, and bringing them home—I cannot say when these sacks were missed—I cannot say how long it is since the prisoner worked for Mr. Jupp—he comes there perhaps once in three months—he goes to different places brewing.
Cross-examined. Q. Mr. Jupp is a corn dealer, and sends out many sacks? A. Yes; I have no doubt this man had these sacks from some places where he went to brew.
NOT GUILTY .
MR. THOMPSON conducted the Prosecution.
CHARLES BLAKE (policeman, T 177). I searched John Bird's house on 10th Sept.; I found these three shovels; two are new, and one is old—I did not take Edmond Bird; he does not live with the other prisoner—I went to Hammersmith—Edmond Bird said, "I know nothing about any shovels, but the two new ones and the old one from the soap factory."
JOSEPH ANNBRIDGE (policeman, T 162). I accompanied the last witness to search the house of John Bird, on 10th Sept.; I took the shovels out of his house—Edmond Bird followed me to the door, and said, "One of these shovels belongs to me; I would not care for the other, only that one has got a mark on."
SALEM CROSS . I am of the firm of Fisher, Cross, and others. Edmond Bird was in our employ up to the time of this occurrence—some considerable time ago, I should say it is a month ago, a new shovel was applied for, and it was not to be found; inquiry was made about it—here is one shovel here which is branded with our mark—the only thing which makes me think the other two shovels are ours, is this piece of iron at the back of them, which we have put on by a special order of our own; other parties of course may make them.
Cross-examined. Q. How long is it since you missed this shovel? A. I should think it is a month or two months—I should think it is six months since I have seen it.
NOT GUILTY .
MR. GIFFARD conducted the Prosecution.
ELLEN SULLIVAN . I am the wife of Daniel Sullivan, and live at No. 8, Clark's-buildings, St. Giles's. The prisoner lived in the same house, in the back room on the second floor—I and my husband lived in the front room—about 4 o'clock in the afternoon, on 7th Sept, I was coming in from market; Mrs. Rich's door was open, and I saw her tuck up her sleeves, and take off her cap; she said to her husband, "Now, you b—r, come and fight"—I heard the prisoner's voice, but I did not see him—I went into my own room, and in a little time the prisoner and his wife were both on my landing—I opened my door, and got his wife into my room—she asked for a drink of water; I gave her the water, and she went out again—when
I gave her the water, I observed that she was hurt somewhere in the throat—she appeared to be able to speak nicely—after she went out of my room, she went and sat in the passage, and I saw a very little blood by her—before I opened my door, I had heard a little struggling.
Cross-examined by MR. SLEIGH. Q. Did you not hear the prisoner say in presence of his wife that she was not to strike him with the poker? A. I had seen the poker in her hand, and by all appearance she wanted to hit him with it—I did not hear the prisoner say she did want to strike him with it; I saw it in her hand, and saw him take it from her in the room—I heard him say she wanted to hit him with the poker; that was on the landing—I heard a struggle in the room before that, but I did not see: it—I heard something like a fall—I had not seen her drink, but I could smell some liquor—I am afraid she was something the worse for liquor; she would not spare it if she could get it.
MARIA SMALE . I live at No. 6, Clark's-buildings. On the afternoon of 7th Sept, the prisoner's little girl came up to me, and asked me to come down and see her mother—they live at No. 8, in the same court—I went, and saw the prisoner's wife standing by her own room door, with her bonnet in her hand—the prisoner was in the room; he could hear—I said to his wife, "What is the matter?" she said, "O, Mrs. Smale, I'm done!" she spoke thick, and I said, "You had better come to the hospital"—I brought her down, and was taking her there, when the doctor from the workhouse overtook us, and told me to take her to the workhouse—I saw; her spit one drop of blood.
JOHN DENNY . I am a surgeon. On the afternoon of 7th Sept, I went to Clark's-buildings—I overtook the last witness with the deceased, she was almost insensible, being led by two persons—I ordered her to be taken to the workhouse—she could not speak at all; she whispered—I do not recollect that she spoke at all till she got in the infirmary—the first thing she said when she came in was that she was dying—she then said what injury she had received.
COURT. Q. Could you judge from her manner whether that was her impression? A. She repeated that several times—she was perfectly sensible, but she only whispered—she was vomiting blood—I was not able to tell from anything she said, that she had any hope of recovery—she said she had received a blow in the back of the head, and had been kicked in the throat: by her husband.
Cross-examined. Q. Was the blow on the back of the head what had been created by violence? A. Yes; and by great violence the other.
CHARLES MCCARTHY . I live in the front attic, at No. 8, Clark's-buildings; the house where this happened. I was at work in my room about I o'clock in the afternoon of 7th Sept.—I heard the prisoner and his Wife rowing with each other in their own room—they came out on the landing—I went out, and the prisoner said to her, "Let go of me, and I will let go of you"—she had hold of his cravat, and the prisoner had his hand laid upon her breast—she kept hold of the cravat, and was trying to pull him down stairs—the cravat loosened, or broke away, I cannot say which, and she fell back down the stairs.
WILLIAM BENNETT . I am surgeon of St. Giles's Workhouse. I think I must have seen the woman within an hour of her admission; there was evidence of a blow on the back of the head, and considerable swelling about the throat—her breathing was exceedingly difficult, and when she spoke she spoke with a hissing whistle; she appeared to be labouring under pain from: the bruise—I think I last saw her alive about midnight on the Saturday,
and she died on Sunday morning—the injury had taken place on Thursday—I afterwards made an examination of the body—there were several unimportant bruises about the body—the mischief was altogether in the throat; that was the cause of death—on removing the integuments there was evidence of external violence, and considerable extravasation of blood—there was a great deal of inflammation of the windpipe, which occasioned contraction in the upper part of the throat—the thyroid cartilage was fractured, which must have been by violence—she died in consequence of congestion of the lungs, produced by the injury in the throat—it must have been a blow—I think pressing would not have caused it—I think a kick would account for it.
Cross-examined. Q. Did you open the head? A. Yes; there was a bruise on the back of the head, but not of any consequence—the cause of death was congestion of the lungs, occasioned by the blow—I think the injury could not be occasioned by mere pressure of the hand; if he did that in trying to rescue himself from her, because the parts there so easily yield to pressure—the cartilage was actually fractured, as you would find a piece of pasteboard broken—I think that could not have been effected by the prisoner grasping the neck of his assailant—I had some conversation with the deceased; I asked her, in the presence of a medical friend, how she came by the injury, and her answer was, she did not know whether she had fallen and hurt herself but she said, "Somehow or other, I got the blow."
Q. Supposing she had fallen, and her throat had come in contact with any hard substance, might not that likewise have occasioned a fracture of the cartilage? A. Yes, such a thing as a fender might—I believe it to have been occasioned by some sudden violence.
COURT. Q. When the woman made that statement to you on the Friday, had she got worse? A. She expressed herself rather better—she never spoke despondingly to me—I did not apprehend immediate danger, though her danger was extreme—I saw her many times while she was alive.
ELIZABETH ELSON . I am head nurse at St. Giles's Workhouse. On the evening the deceased was brought in, she said to me that she was going to die—on the Friday morning the prisoner came to see her, he said he would take her home, and she said, "Never"—she thought she should never recover—I did not hear him say anything about what had happened, or whether he had done it—I heard her say that he had done it.
COURT. Q. State all that passed: what was the first thing said? A. When the prisoner came to her bedside he said he would take her home, and she said, "Never"
MR. GIFFARD. Q. Was nothing said about whether he did it? A. He said, "You know I did not do it;" and she shook her head, and said, "You did"—during the time I was in attendance on her, she never varied in her statement; she always said she should die.
MR. SLEIGH to CHARLES MCCARTHY. Q. You saw this struggling between the prisoner and his wife; did he do anything more than was necessary to free himself from her attacks? A. I cannot say—she had hold of him, and he of her—she fell down on the side of her head.
MR. GIFFARD. Q. Did you see him do anything that could possibly have injured her throat? A. No.
(The prisoner's statement before the Magistrate was here read as follows: "Yesterday week I went home to get my tea, at 4 o'clock; I told my wife to get the tea; she said, 'Get it yourself;' I said, "You have been drinking;' she said, 'What is that to you, you did not pay for it;' I said, 'No, I could not afford it;' we then had a few words, and she pulled off her cap and tucked up her sleeves, and said, 'You b—r, come and fight;' I said, 'You had better be quiet, and sit down;' when she went to the fireplace, took up the poker, and went to hit me on the head; my shoulder is all black and blue with the blow she gave me with it; I then took the poker from her; she took it up again, and was going to strike me with it again; we then went into the landing and struggled together, and she fell down the stain, five steps backwards; I then went down stairs to pick her up, and she laid hold of my neckcloth; I said, 'Let go,' but she would not; I then loosed the knot, and got away from her; I then went up stairs to give the child some bread and butter, and Mrs. Smale took my wife to the workhouse; the next morning I went to see her in the workhouse; she said she was bad in her back; I said, 'No wonder, you have had a bad fall;' she said, 'Lift me up, I am in such pain,' and I did so; she said it was a bad job, and I said it was; she said she was sorry for what she had done, and I said so was I to see her there."
NOT GUILTY .
THIRD COURT.—Friday, September 24th, 1854.
PRESENT—MR. Ald. FRANCOMB; Mr. RECORDER; and Mr. Ald. FINNIS.
Before Mr. Recorder and the Eighth Jury.
MR. COOPER conducted the Prosecution.
PRISCILLA EAST . I am single, and live at present at No. 25, Harrington-square, Hampstead-road. About May, 1853, I resided at No. 16, Southampton-street, Fitzroy-square, with my sister Martha—the two prisoners at that time resided in lodgings nearly opposite—I was sometimes in the habit of walking with my sister in the square, not in the enclosure; and in doing so I was accosted by the elder prisoner—he apologized for speaking to me, and said that he had been making inquiries, and found that I had just arrived from the country, and he wished he knew some of my friends, or else he would have had a regular introduction—I requested him to leave me, and he bowed, and did so—he wrote to me the same evening, I think it was, and appointed a meeting, but I did not go, I went with my sister somewhere else—he wrote again, and in consequence of that I met him, and an acquaintance commenced—I have neither father or mother—I had property in the funds, from my father, upon which I lived—the elder prisoner told me that his name was Turenne 0'Keil (the younger prisoner was not with him then), that he was single, and that his intentions were perfectly honourable—I did not infer that he was single from his saying that his intentions were honourable, he said so distinctly—he told me that he had been residing some years on the continent, and a great deal about himself—he said he had a title, which he did not make use of, on account of the whole of his property being tinder seal,
or confiscated, in France, in consequence of his different political opinions—the next day he came up and spoke to me when I was with my sister (the younger prisoner was not with him at that time)—he merely told my sister what he had said to me, with respect to his intentions—he repeated, in her presence, that he was a single man, because she raised a great objection to Mr. O'Keefe speaking to us—the second time that my sister was with me, he brought the younger prisoner, and introduced him to us both as his nephew; we were then in Fitzroy-square, not in the garden—the younger prisoner addressed the elder as his uncle—in these meetings marriage was proposed; he spoke of it constantly, because meeting him like that, he was obliged to say what his intentions were—he said at the very first meeting that such was his intention, and he confirmed that afterwards—he did not propose at the first meeting, but he said his intentions were honourable—he proposed about three weeks afterwards, and I accepted him—after this he was always exceedingly attentive and polite, and I looked upon him in the light of an accepted lover and an intended husband—this went on for more than twelve months—it is now a year and a half since the acquaintance began—about a month after our acquaintance began, we were driving in a carriage with my younger sister and the younger prisoner, whom he sent to make inquiries at several places, and when the younger prisoner came out, the elder one inquired of him anxiously, "Have you succeeded?" he said, "No;" and then the elder prisoner was in a dreadful state of mind, and told me that he was exceedingly annoyed for money, that he had given his word of honour to pay 10l., and had not got it—when we returned home he asked me if I would lend him 10l., and I did so—he addressed the younger prisoner as "Turenne"—a week or two afterwards he asked me to lend him 15l., and I did so—soon afterwards, in July, he asked me to lend him 100l., and I did so—he told me, in his son's presence, how much distressed he was for money; that it was through political affairs in France; that he had an action brought against him, and had to pay costs, and that it was utterly impossible for him to get any money, as it was all locked up—I had 100l. in cash at that time—after that he borrowed 12l. of me; it was in Aug.—we were in a carriage which he had hired, and he went into his solicitor's, Mr. Edwards, in Cannon-street—I and my sister were in the carriage—he sent down by the clerk a note, which has since been destroyed; it was torn up in the presence of the younger prisoner—it stated that he was very much pressed for money; that if he did not have it it would be the ruin of him, and asking me if I could let him have 100l.—I sent him back a verbal message, "No"—he pressed the matter very much, but I had already promised to lend my sister money—he came out and spoke to me—he said it was exceedingly annoying, but he must have that amount, or else the case would fall to the ground—in the presence of all, my sister Martha said that she could do with less, if I liked to lend it to Mr. O'Keil—we went home, and he waited—I went out into Fitzroy-square with my sister, and gave him 12l.—between 18th and 31st Aug. he said he was going to Liverpool to try the cause there—he applied to me again for 100l.; he knew that I should be in the receipt of more money, because he had asked me all about it first, and I had told him—he afterwards went to Liverpool, and wrote to me to go down there—I did not go at first, and he wrote again, and I and my sister went; he had engaged lodgings for us; we had apartments in a lady's house, hired lodgings—it was in Pembroke-place, I think—he then asked me, in the presence of his son, in the drawing-room, for 25l., and I gave it to him; that made 125l.—that was not on the day we
got there; we were there about a week or a fortnight, I am not certain which—we went about with him there, and on our return back to London, the elder prisoner asked me for more money—we were to have been married before we went to Liverpool, but he put it off because of this law suit—no day was fixed, but dresses and everything of that sort were prepared, and a travelling dress, as we were going abroad—when he wrote to me to come down to Liverpool I imagined that I was to be married there—after returning from Liverpool I took apartments with my sister, at North-crescent, Bedford-square—as we were going to Brussels we came to town, and chose them ourselves—the elder prisoner wished me to go abroad, because he said he should be obliged to go abroad himself, and he had rather be married at Brussels, because it must be kept very secret, an his friends wished him to marry some relation, and that there were other reasons—I went to Brussels with my sister, and he came to us there in about a fortnight—we went to Mrs. Matthews, who keeps a private boarding-house—we were recommended there by friends in England—he only had 16l. of me there—I stayed there about three weeks, and then went to my married sister in Calais, who brought me up—her name is Mrs. Dangerfield—her being in Calais was the reason I was in London alone—I afterwards returned to England at O'Keefe's request, to sell out a Sun Fire Office share—my sister Martha did not come with me.
MR. PARRY objected to evidence being given of the obtaining of any sums besides those mentioned in the indictment. MR. COOPER contended that it was necessary to give the whole history of the case. THE COURT considered that it was necessary to hear the whole history of the case generally, but without going into unnecessary detail of different sums not named in the indictment.
Witness continued. I sold out the share in the Sun Fire Office, and paid him over the proceeds, which amounted to 262l.—he had named the time for us to be married, in January—I left Calais first, it was in Oct., leaving him there, I came to London alone, and went to the same place, 16, Southampton-street—it is a boarding-house—MR. O'Keefe came over in the end of Jan.—my married sister had come over from Calais part of that time, and was with me—about Feb. this year, when Mr. O'Keefe had come over, he asked me to leave Mrs. Cox's, because he did not like coming there, and he said, "We must be married now"—this was after he had fixed the day in Jan—after this he stated that the reason why he did not marry was because he should lose 300l. a year, and 8,000l. besides—at that time, when I had given him all I had, I heard that he was married; it was owing to a disagreement—I told him how cruel it was of him to deceive me, and that I heard that he was a married man—he said it was true, but that he could marry, as he was divorced from his wife, in consequence of her being insane—I told him the same evening that I heard that his name was not O'Keil, but O'Keefe—he asked me who told me that (the truth is that it was more supposition than anything else)—I told him that my brother-in-law, Mr. Dangerfield, had told me; that he had said that he had his doubts—he said it was not O'Keil, but O'Keef—when I paid the sums of money to him the younger prisoner has seen me do so—I parted with my money because I believed that we were to be married, and that he was a single man—I remember his being taken up—I met him a short time before that, in Vine-street, Regent-street, about 12 or 1 o'clock in the day—I cannot say who spoke first; we shook hands, and were good friends—I asked him whether he intended to return me the money, and said, "Because how do you suppose I am to live, if you do not return me the money?" (I had money at that
time; I had some freehold property left)—upon that he said, "Come and live with me;" I said, "Is it possible that you can mean that I should be mistress to you?"—he said that he had not been working for a year and a half for nothing; that it was of no use my trying to escape; and he said, "You know when I have made up my mind to a thing, what a determined fellow I am; I never care for God nor man;" and he said, "Do not think to escape from me," and what could a few words from a parson signify—he was afterwards arrested—these (produced) are letters which I received from Mr. O'Keefe, they are in his writing—this one is from the son, sealed with the father's seal, with a count's coronet, which he used to seal his letters to me with—the letters I received from the elder prisoner were usually sealed with the same seal, a coronet—it is a foreign seal.
The following letters were here read:—"Tuesday. 8th Aug., 1853. 11, Brownlow-street, Liverpool. My dear Miss East. Although I appreciate the motive for refusing my request, yet I must say that the tone in which you expressed your objection and determination, is, to say the least of it, extremely humiliating to my feelings. I feel the more deeply wounded, as you are the very last human being from whom I expected a doubt, much less a reproach. As I am a gentleman, I assure you that my motive in making the request was most religiously pure. In a word, I wished to see you on a matter of mutual interest, one which I cannot fully enter into in writing, and which I must defer till after my law suit, which I hope will be decided on or about the 16th or 17th instant. I believe I named to you that I had an important law question to decide here; this, together with the utter impossibility of my leaving just now, urges me to trespass upon your good nature. As to scandal, you ought not to forget, that at the risk of great injury to my health (the consequences of which I have since felt), I prevented you taking a step which would have given food to scandal mongers. Do not suppose that I name this with any intention of finding fault with you; no, I am too sensible and grateful for the feeling which actuated you then, and I now refer to it, to disarm your mind of any doubt as to the intention on my part I am not a man to pen honied words; I pride myself on my actions—time will convince you of this. I trust, en attendant, that you will credit me when I say that I would not lose your good opinion or esteem for any worldly consideration; your undivided confidence, free from all doubt, would indeed be a treasure. I am sorry, very, very sorry, you indulged in that ridiculously common-place phrase, 'If I had been regularly introduced to you,' etc. etc. At the risk of offending you, I must say it is a sentiment unworthy of you; and when applied to me, it is unjust and offensive. Let me change the subject. I must tell you I am no longer bandaged up, my arms are free; I can write without pain, though not quite freely yet; this will now mend each day. Apropos, you also gave me a leetle rub about your health. Do you forget that you wrote to me that you were quite recovered! only a little weak, etc. Ah! Mademoiselle Priscilla, you are somewhat capricious. There is, however, one consolation in your angry letter; and it is the kind manner in which you express your affection for, yours, most sincerely and truly, T. O'K. Love to the little fox; for she is one."—"Hotel de Normandie, 240, Rue St. Honore. 18th Oct., 1853. If you will be so kind as to examine or refer to my last, you will find that this very day I named as likely to me to return here. I hasten to answer your letter, my very dear friend; this will reach you to-morrow, on your birth day. To use a Spanish salutation, 'May you live 1000 years, and may your shadow never be less.' Indeed,
indeed, I am serious, in wishing you, my dear Miss Priscilla, many happy returns. You accuse me of being cold and laconic in my letters: I beg once more to refer you back to some of my London letters, in which I distinctly told you that I was a man of deeds, not of honied words. As to my affairs, I am still in statu quo, and uncertain; everything proceeds slowly. I hope to be able to run down to pay you mes homages, in the course of a few days; that is if you do not leave for England before, in which case be good enough to send your address. Please offer my best regards to Miss Martha, and direct as usual to me. I will send every morning for my letters. I find I am too late to post-pay this; indeed I fear much this will not go before to-morrow morning, which I need not say will be a sad disappointment to yours, most sincerely and truly, T. O'K. I write before I unpack, and yet I find I am too late.")—(Extract of a letter, dated, "Bordeaux, Nov. 16, 1853. To-morrow, D. V., I start on my long journey; but rely upon it, neither absence nor time will ever cause me to forget for one single moment one who has given me such proof of affection and confidence. Let not long interval of writing on my part alarm you; attribute it to the right cause; and again I pray you earnestly do not credit any idle rumours in the papers. Believe me, my dear friend, yours most sincerely, T. O'K")
MR. COOPER. Q. Did you receive these other two letters (produced) from the son? A. Yes; I know his writing; they are his—(read—"Sunday, 1 1/2 o'clock. My dear Miss East,—My uncle has been very ill all night; and this morning he was so poorly that he had leeches applied to his chest. He desires me to write this, as he is unable to do so himself Believe me, my dear Miss East, yours truly, Turenne. P. S. I will call to-morrow to let you know how he is."—"10 minutes to 5 o'clock. My dear Miss East,—My uncle has just tapped at the wall, and desires me to write you a few lines. He fears he was brusque in his manners when you awoke him suddenly, which would indeed be ungrateful for your kind thought and welcome present. The sudden start has brought on a frightful headache. The doctor, who has since called, and was very much annoyed at seeing anybody in the parlour, has given strict orders to everybody in the house to allow nobody whatever, under any circumstances, to see him. They expect a crisis one way or the other about 11 or 12 o'clock to-morrow. I earnestly implore you not to see my uncle again till I call on you to-morrow, which I will do after the doctor's consultation in the morning. I would call to explain this matter to you myself, but am forbidden to leave the house. Yours very truly, Turenne. P. S. I fear, from his manner and peculiar temperament, the least sound irritates him.")
COURT. Q. Can you tell about what date that letter was received? A. In the spring of this year, and before I knew that he was the son.
MR. COOPER. Q. Are these letters (handing some to the witness) also in the writing of the son? A. Yes; they were addressed to my sister, received by her in my presence, and read by her in my presence—I read them as well as my sister—my sister was living with me at that time, and the moment she received them she communicated them to me.
(MR. RIBTON, on behalf of the prisoner, Turenne, contended that these letters were not evidence. MR. COOPER submitted that they were evidence to show that the younger prisoner represented the elder as his uncle. The COURT considered that as they were letters to a third party, without reference to this transaction, they were inadmissible.)
Cross-examined by MR. PARRY. Q. Were the apartments which Mr. O'Keefe and his son occupied in Southampton-street, opposite yours? A.
Yes—the whole sum I advanced to Mr. O'Keefe was 524l.—I took an acknowledgment of him of that advance—I did not take an acknowledgment from him on each occasion—I took no I O U's of him—he gave me a bill in the name of Turenne O'Keil—I only took two I O U's of him in the name of Turenne O'Keil one at Liverpool, and one at Antwerp—when I had advanced all the money, I wrote this letter (produced) at the Hotel St. Antoine, at Antwerp, from his direction—the money was not advanced for any specified period, but he agreed to pay the money back in twelve months when he gave me the I O U and the bill—it was not a distinct understanding, but it was so arranged afterwards—I was to receive 50l. a year by way of annuity—that was when I gave him the last sum at Antwerp.
Q. Does not that remind you that the money was to be advanced for twelve months at least? A. At that time—that arrangement was made by word of mouth, and he also wrote it, but when I found out that his name was not O'Keil he asked me for it, and I returned it to him—I saw it among your papers last time—I understand that Mr. Cooper, the attorney, has taken additional security for the payment of the money, from the son, Turenne, but I do not remember seeing it—it was done by my directions, and at my particular wish—I instructed him to take security from the son—it was my wish and my suggestion to him that he should do so—I believe he has done so, and I should like to see it—I have lent other persons money—I lent a sum to my brother-in-law—he is not now in prison at my suit—my brother is in prison for that, and for a Chancery suit—I lent him 200l., and we are now the best of friends—I have not from time to time been in the habit of lending money, only to these few parties—I lent my brother-in-law 700l., and I have advanced money from time to time to my younger sister—I have not lent money to strangers, only the sum of 23l. to a lady—I have not advanced any other substantial sum of money to a stranger—I know a person named Nott—I have not advanced money to him—I never lent him a farthing, but it was advanced to a lady for him; it was 23l.—that was the sum I mentioned—I think that was about Christmas, 1853—I have lent 225l. to some one; it was to my younger sister, and it has been returned—MR. Cooper, an attorney, who was introduced to me by Mr. O'Keefe, has brought actions for me—he is here—I am very sorry to say that he has acted for me.
Q. Was your attention directed to Mr. O'Keefe, or his to you, before you met him? A. I used to see him sitting at the window when I was at dinner—I did not make signs to him, nor did he to me—I never held up music paper to him, and made signs—my sister was there; she is not here to-day—I cannot say for certain whether she has been examined before the Magistrate—I mean to say that I did not in the first instance make signs to Mr. O'Keefe from the window, certainly not—it was about three weeks after that that we met in Fitzroy-square—I bad seen him from day to day at the window before we met, and I am sure he saw me; he could see into the room—the window was open, and I sat at the head of the table—I did not shut the window when I saw a strange man; I was not at the window, I was at the dinner table—he did not offer me marriage the first time we met, but he said his intentions were perfectly honourable, and he spoke of marriage to me very shortly afterwards—on the first occasion when we met, I had seen him leave the house about two hours before, and he met me at the corner of the square—on that occasion, I requested him to leave me immediately, and he did so, I think, in two minutes—after that he wrote to me—all the first letters were destroyed by Mr. O'Keefe's particular
request—I have produced letters from Liverpool—it was before I left town that he requested me to destroy all letters, as we were going abroad—when he wrote to me, I did not meet him at first—shortly afterwards I met him in Fitzroy-square again, in company with my sister; and I went out with him, in company of my sister, in a carriage, after he had introduced his son—we did not go to the theatre a few days after I had met him—I did not go and dine in the Haymarket with him, not until lately—it was just before we went to Liverpool; there was I, and my sister, and his nephew, and himself—I did not go to the play with him—I dined with him in the Haymarket, at the Hotel de Paris; and his son and my sister went to the play, because he wished Martha to see it; but Mr. O'Keefe was taken so very ill at the hotel that he did not go—he had told me that he had broken his ribs, but was much better, and if I would go to the Hotel de Paris, he would meet me—I represent that to be the truth, positively; but it was the man who brought the letter who told me, and he said in the letter that he feared he had broken his ribs—he and I remained in a private room at the hotel till my sister returned—she went about 9 o'clock; I do not know whether it was to the half price—they did not go to the whole of the play—they came back as soon as it was over, about half past 11 o'clock, because we got home about 12—on my oath, they did not go to the first part of the performance—the piece they wanted to see was Villikins and his Dinah—it was not the Haymarket, it was the Olympic—they went from the Haymarket to the Olympic, and came back to us at the hotel—MR. O'Keefe was exceedingly ill all the time he was alone with me—he had had an accident; he was going down stairs, and slipped, and injured his ribs very much—we were talking all the time we were alone—I had not to call in the attendance of a doctor—there was supper at the hotel when my sister came in; it was wine and biscuits—there was no wine on the table when my sister left us together, as Mr. O'Keefe was so ill—he was lying on the sofa all the time—I think I had known him about three months then—we afterwards all returned home—I went to Liverpool at the end of Aug.; it was just before that—MR. O'Keefe wished to be referred to my brother, but I could not then, on account of some family matters—none of my family, except my younger sister, were aware that I was engaged to be married to Mr. O'Keefe—he wished to be married secretly—my younger sister was aware of it; he spoke of it in her presence—there is no member of my family here, or any friend, to whom he spoke of marriage—I knew the parties I lodged with in Southampton-street, but Mr. O'Keefe never came there, it was kept so perfectly private—I did not, a few days after I knew him, offer to come to his rooms disguised as a boy, never—when he broke his ribs I wished to see him, and it was to prevent my going to see him that he proposed going to the Hotel de Paris—he said he was so much better that it would relieve my mind if we all dined together—Turenne had said that he thought his uncle was dying, and of course I was very unhappy about it—I wrote to him in Southampton-street, and said, "Shall I come and see you?" and it was to prevent my coming to see him that he asked me to meet him at the Hotel de Paris; he sent word round that he was so much better—I did not offer to go disguised as a boy, but as an old woman—I did not know how I could go without anybody knowing me—I did not know how I could manage to see him without the people of the house where I resided knowing it—I did offer to go disguised as an old woman.
Q. Did you get a boy's dress for the purpose? A. No; I thought of it—I offered to go disguised.
Q. As a boy? A. Disguised any way; this (producing it) is the letter I wrote to Mr. O'Keefe, offering to come over disguised—I had some thoughts of having a boy's dress; I did not know how to disguise.
Q. But you had some thoughts of a boy's dress? A. An old woman's dress, I thought it was—this was just before we went to Liverpool—the step which he prevented me from taking, which he mentions in one of his letters, was putting on the disguise—in Oct., 1853, I went over to Antwerp; Mr. O'Keefe was to meet me there, to receive the 262l.; that was the reason I left Calais—I went to him with the money—I was at the Hotel de St. Antoine at Antwerp two nights—I went over by one boat, and came back by the next—I should have returned the same day, but there were no means—Mr. O'Keefe was not at the same hotel—he merely came to draw up a memorandum—he did not dine with me alone—he did not spend the evening with me; he was only there long enough to count the notes and to write certain documents—I most certainly did not invite him to come up to my room and spend the evening with me; but when I was at dinner, the chambermaid asked me for the key of my room, and when I went; Mr. O'Keefe was there writing some letters—I was not in his company during the time I was at Antwerp, because he only went to fetch me to go to Brussels with him and make purchases, and we came back—we dined together at Brussels, at the table d'hote—he did not take tea with me at Brussels, most certainly not—I was at Antwerp all night; I did not stay at Brussels, I only went there and made purchases—it was in the spring of this year that I first became aware that Mr. O'Keefe was a married man—I will not be certain whether it was as early as February; it was not as early as January this year—I became acquainted with the fact of his marriage and of his name being O'Keefe at the same time, on the same day; it was in the spring of this year, at the time he was expecting his son over—after he had told me that his wife was alive, he said that his son was coming over—I never was aware that this young man was his son until that day.
Q. Look at this letter of 27th Oct., 1853; do not you here ask him for his son's address? A. I explained to you how that was; at that time I did not know whether he was the son, but I fancied that I saw a great likeness at times, and that is the truth.
Q. (Reading the letter). "Martha has written to the Isle of Man to inquire if his letters have been called for;" was not the son at that time in the Isle of Man? A. Yes; Mr. O'Keefe had told me that—it was in 1853—I was in Brussels—my sister Martha corresponded with the son—he used to write to her constantly, and Mr. O'Keefe sent him to the Isle of Man to prevent the correspondence being kept up, as he saw that his son was getting very fond of her, because, he said, it would prevent our marriage, as the uncle could not marry one and the son the other.
Q. (Reading the letter). "I think, if possible, she will find out your son's address;" had not Mr. O'Keefe at that time told you that he was a married man? A. No; he never told me till the spring of this year, but I wrote that because I wished to find out whether he was the son, for three times Mr. O'Keefe, in speaking of different things, had said, "my son;" I turned very pale, and he said, how very jealous I was; how could I suppose he had a grown up son of that age?—he told me afterwards that he had got a natural son in Paris, and that that was the reason he had made the mistake—I asked Turenne several times, "Are you the son?" and he told me "No" on his oath solemnly and sacredly—that was alter the money was advanced; he
told me his uncle was single at the first—I did not always call him the son; I did once or twice, to see if he was deceiving me or not—this is my signature to these depositions; they were read over to me before I signed them.
Q. You say here, "I used always to call him the son?" A. That is a mistake; I told them at the time that there was a mistake in the depositions—I said so before the Magistrate and before everybody—I pointed out the mistake when my depositions were read over, but the Magistrate said it should not be altered.
Q. Was not the mistake, "Martha was not acquainted with the younger prisoner as early as October;" was not the "not" struck out by your desire? A. Yes.
Q. Show the Jury any other mistake which was not corrected by the Clerk. A. Mr. Levine, who was acting for Mr. O'Keefe, would not allow anything to be altered—I mean to say that—that was after the depositions were read over.
Q. Did you, after you learned that Mr. O'Keefe was married, make any appointment or seek any interview with him? A. He told me that he was regularly divorced from his wife.
Q. Bid you after that make any appointment with him? (The witness did not answer). Witness. This is my signature to this letter (produced).
MR. PARRY stated that he wished to make use of certain letters written by the witness to Mr. O'Keefe, and would take the opinion of the Court, whether he could comment upon them in his speech without having them read in the first instance. The COURT considered that such a course would be irregular, at the circumstance of her being a witness for the prosecution would not make her letters evidence; but that if she denied facts put to her, the letters could then be put in. MR. COOPER stated that he was quite willing that the letters should be read.
Q. Had you continued as lovers up to the conversation you had in Vine-street, Regent-street? A. Yes; but he made me promise that I would wait a twelvemonth, and said that his wife could not possibly live a year, and that they were really divorced—I mean to represent that we continued as lovers during the whole of the time, till that conversation in Vine-street, Regent-street.
Q. At Christmas, 1853, had you not entered into an engagement of marriage with a gentleman named Nott? A. Yes, for a short time, at my sister's request, because Mr. O'Keefe had not written to me for some weeks—that is the Mr. Nott on whose account I advanced a lady 23l.—I met him at Mrs. Cox's boarding-house in Southampton-street—I never met any other gentleman in Southampton-street to whom I was engaged to be married—I kept the engagement with Mr. Nott about three weeks, and then Mr. O'Keefe returned—I had known Mr. Nott some time, but not before I knew Mr. O'Keefe; I cannot say exactly how long afterwards, I do not recollect—it was after I returned from Calais that I became acquainted with Mr. Nott—that was in Oct., 1853: I then became acquainted with him—that was just after I had lent the money to O'Keefe—I was acquainted with him very nearly three months before there was a promise of marriage between us—we were not lovers during that time—he proposed to me four times, and the fourth time I accepted him—he first proposed marriage to me I dare say about two months after he knew me—I used not to go about with him in the way of courtship—he proposed to me in Southampton-street, and he spoke to my married sister, who came over and
was stopping with me; it was at her instance that I accepted him, because she never approved of my acquaintance with Mr. O'Keefe—I told her that I was engaged to Mr. O'Keefe; he came as an accepted lover to her house—I told her I was engaged to him, and she was very much annoyed at my telling her.
Q. Did not you, in the hearing of the Jury a short time ago, swear that your sister Martha was the only person who knew it? A. Yes, at that time, but I told my sister, Mrs. Danger field, afterwards—no one knew of it at that time except my sister Martha—when Mr. O'Keefe returned in January we were to be married, and as the marriage was so near, I thought I had better tell him everything, and I told him all about Mr. Nott, every single thing—O'Keefe was in France during the period I was engaged to Mr. Nott—this letter (looking at one handed to her by Mr. Parry) is my writing, and so is this other; it is addressed to Mr. O'Keefe, but it does not refer to him at all—this other letter is in my writing.
Q. You have spoken of a conversation of a very extraordinary character between you and Mr. O'Keefe; up to the time of that conversation, do you represent that you had been on terms such as lovers are? A. Yes—I mentioned that conversation to Mr. Morgan before any steps were taken in this prosecution—I swear that—MR. Morgan examined me before the Magistrate.
Q. In your deposition that does not appear? A. Mr. Morgan said that there was a great deal which need not appear in my depositions, because it would all come out on the examination—I cannot say how many times I was examined—this letter (produced) is in my writing.
MR. COOPER. Q. You say that Mr. Cooper, the solicitor, was introduced to you by the elder prisoner? A. Yes; Mr. Levine was not acting for me.
COURT. Q. Did you employ a person of the name of Levine? A. No; I never employed Levine, and I am not aware that he ever acted for me—my sister Martha is at Calais.
JOHN LAMBERT . I am book keeper at the Insolvent Debtors' Court; I appear for Mr. Yeo, who is ill. I produce the original schedule of the prisoner, filed in Court. (The date of the insolvency appeared herein as 28th Feb., 1854, and the following item was read by Mr. Cooper: "Aug. 1, '53, to Feb. 25, '54; to allowance made to me by my wife between these two dates, for necessary support of myself and two sons, 77l.")
JOHN MARSHALL . I am a solicitor, of Hatton-garden. A petition to the Insolvent Court for the elder prisoner was prepared in my office—I witnessed his signature to the schedule on 28th Feb.; this is it—(MR. COOPER stated, that by this document it appeared that the prisoners debts were 1,364l., and his estimated credits, 5167.; and the prosecutrix was not included as a creditor, or mentioned in any way. The following item was also read:—"From 1850 to 1854, to allowance made me by my wife between these dates, four years, 150l. per annum, 600l.")—there was a marriage settlement left with me, but before I had time to peruse it, Mr. O'Keefe sent for it—it was afterwards filed by Mr. O'Keefe himself—I have ascertained that from my clerk—I suppose it is on the file; it is not with these papers, it is with some papers that are filed.
CHARLES BENSON , M. D. I practice at No. 34, York-street, Dublin, and am President of the College of Surgeons there. I know Mrs. O'Keefe very well—I am her physician; I have attended her upwards of twenty years—I have seen her with the elder prisoner—I last saw her on the 4th of this month; she was then perfectly sane, but in very delicate health—she moves
in good society; I have met her in very good' companies—she has never been in confinement to my knowledge, and I think I should have known it—some years ago Mr. O'Keefe applied to me to become a trustee of the marriage settlement, in the room of General Thompson, but I refused—I have seen Mrs. O'Keefe write.
Cross-examined by MR. PARRY. Q. Do you know that two of the sons of Mrs. O'Keefe are entitled to 10,000l. on a contingency? A. I believe they are; the younger prisoner and his brother between them—at the death of their mother it will come to them, divided according to her wish—the younger prisoner is the elder of the two sons—he has an uncle of large property, who has no children, and who has considerable property in Ireland—I am speaking of Turenne's mother's brother—I believe Turenne is of age.
MR. COOPER. Q. You do not know yourself that he is likely to come into money? A. Only from what I have heard, but I quite believe it—I have understood that the money is in the funds in Ireland.
MR. PARRY, in his address to the Jury, read various attracts from the Letters of the prosecutrix, which he afterwards handed to the Jury for perusal; and called,
SAMUEL NICHOLAS COOPER , I was introduced to Miss East by Mr. O'Keefe, for the purpose of bringing some other actions—I was employed by both of them to make an arrangement of a claim which she had on him—I have brought other actions for Miss East—she did not bring an action against a Mr. Nott—the arrangement ultimately entered into was, that Mr. O'Keefe should obtain an acceptance for the amount due to Miss East, but on that day he said he had not his papers with him—these are the papers (produced)—this is the original; it is signed by Miss East, and also by Mr. O'Keefe—(this being read, was an acknowledgment by Thomas O'Keefe that he owed Miss East between 500l. and 550l., the exact amount to be hereafter ascertained; engaging, as security, to hand her Turenne O'Keefe's acceptance, at twelve months' date, to be handed to Mr. Cooper, as trustee of Mitt East, and which was not to be discounted, but was to bear interest at the rate of five per cent, per annum, and was not to leave Mr. Cooper's possession until maturity; both parties certifying this arrangement to be satisfactory. Doled, Wednesday, 12th July, 1854)—Miss East made several objections to only receiving 5l. per cent, interest, and said that he had agreed to give her an annuity of 50l. a year—I said, that in that case the principal sum would be lost—she started several objections, which I answered—she objected to the promissory note not being negotiated, and Mr. O'Keefe explained that the reason he made that stipulation was, that it might injure his son's name if she discounted it—she finally agreed to it—this is the bill of exchange (produced)—this was an arrangement made in good faith, to the best of my knowledge, and was satisfactory to both parties—I am almost sure that a copy of the marriage settlement of Mr. O'Keefe was produced—I had a copy of it in my possession either then or shortly afterwards—that was produced to Miss East during the proceedings—that copy shows that the prisoner Turenne is entitled to about 11,000l., between him and his brother, subject to the mother's power of appointment—I showed this bill (produced, for 509l. 8s. 6d.) to Miss East after it was executed, after she came up from Brighton—in the account that was given
there were some payments of interest, reducing the amount—there had been about 80l. or 90l. paid in reduction by Mr. O'Keefe—this was not finally the balance between them, but I took the promissory note on my own responsibility, because I was anxious to get the security for her—she wrote to me from Brighton—this is the letter—(part of this letter was read, as follows:—"Dear Sir, I was so flurried when I saw you in town with Mr., O'Keefe, that I dare say I did not make my wishes quite intelligible, and have to request that you will send me the document signed by Mr. O'Keefe, reserving a copy for yourself. Respecting the bill, I still feel that the date is too long; cannot you make it six months? failing in which, as my adviser, I think you should obtain some security beyond Mr. O'Keefe's name, and I trust you will do anything in your power to serve me," etc., etc)—on receiving this note, I did not delay at all in getting young O'Keefe's signature—this letter is dated 12th July, and the bill is dated on the 13th, so I must have got it instantly—Miss East understood what she was about.
Cross-examined by MR. COOPER. Q. Did not you bring three actions for this lady? A. Yes—she has not paid any costs—I did not arrest he for them—I did not tell her that if she did not get that security she would get nothing.
MR. PARRY. Q. Do you do anything without charging? A. Yes, frequently.
COURT. Q. Are you aware of anything having passed between these parties since? A. Yes—I am not aware of any fresh disagreement—I had not acted professionally for the prisoner before, nor have I since—he called upon me because he knew me—I had known him some time, but had lost sight of him four or five years—I do not know of his having property in France.
(The COURT inquired of the Jury whether they were desirous of hearing MR. RIBTON, on behalf of the prisoner Turenne, as there appeared to be very little evidence against him. The Jury considered that it would be unnecessary.)
THOMAS WILLIAM O'KEEFE— GUILTY . Aged 46.—Judgment respited
TURENNE O'KEEFE— NOT GUILTY .
1046. THOMAS WILLIAM O'KEEFE and TURENNE O'KEEFE were again indicted for unlawfully conspiring, with others, to obtain from Priscilla East her moneys to the amount of 500l., with intent to cheat and defraud her of the same.
(MR. COOPER offered no evidence.)
NOT GUILTY .
Before Mr. Recorder.
PLEADED GUILTY .* Aged 28.— Confined Six Months.
WILLIAM WATTS . I live at Battersea, but I lodged at Plaistow, and was at work at a building there. On 15th Aug. I had a blue cloth jacket—I saw it safe between 11 and 12 o'clock, in a room in the next house to where I
was at work—the door of the room was locked, but the window was open—the next morning I went to get my pocket book out of my jacket, and the jacket was gone—there was a silk handkerchief, and a pocket book in it—I afterwards saw the jacket in the shop of a pawnbroker—the prisoner was a work in the same building.
JOHN WILSON METCALFE (police-sergeant, K 7). On 16th Aug. I received information about this jacket—I went with Watts to Stratford, and found the prisoner there—I asked him if he had not stolen a coat—he said, no; he had taken a jacket, and pawned it, but he meant to take it out on Saturday night, to restore it to the owner—I said, "You did not pawn it in your own name"—he said, "No; in the name of Flynn"—in a short time a boy came, and brought the duplicate and the money for which the jacket was pawned—I took the ticket and the prisoner.
Prisoner. I am very sorry for it.
(The prisoner received a good character.)
GUILTY . Aged 29.—Recommended to mercy by the Jury.— Confined Three Weeks.
MARGARET HUGHES . I am the wife of James Hughes; we live at Barking; we keep a beer shop. Jackson was in my employ in June and July—I did not know the other prisoner, only she used to come there to see Jackson—Jackson was in our service two months—she left me a fortnight before I missed the things, which was on the Monday before 19th Aug.—she had left at the beginning of Aug.—I missed a plaid dress, and part of my chintz bed furniture—I afterwards saw Quarterman at a neighbour's house, and she had my dress on—Jackson was outside the door at the same neighbour's house—I told Jackson I had lost a plaid dress, and part of my bed furniture—I asked if she had seen it—she said she knew nothing of it—I gave information to a policeman.
Jackson. Q. Did you not take part of the shilling that I got for pawning your dress? A. I am not aware of it; I paid you no wages, as I took you out of charity—you said you would be satisfied with board and lodging, because the father of your child allowed you half a crown a week—I did not allow you to bring men into the house, and take money of them—my Husband has a licence for lodgings.
Jackson. Quarterman has lodged in the house. Witness. She has lodged in the house, but I was not aware what was going on—you first came and asked if I would let you have a bed, and afterwards you said you would do my work—you had this child when you came—Quarterman came afterwards, but I do not know anything of her—Rose Elmore lodged there—she came with the girl Quarterman, but I know nothing of her.
COURT. Q. How long did Elmore lodge there? A. A few nights; I cannot say how long—Quarterman paid me for her lodging for a few nights; I cannot say how many—it might be a week—she did not lodge a month—Jackson lodged but a very few nights before she was my servant.
Jackson. There was a man lodging in the house? Witness. I had a fisher-man
lodge there ever since I took the beer shop—he had a room to himself—I did not take a part of every drop of spirits that came into the house—I am not used to spirits—I did not come when you were in bed with a man and tell you to get up because the policemen were coming.
Quarterman. I was lodging in the house six weeks, and she kept two rooms for the reception of men and girls, and she received part of the money they paid. Witness. No; I did not; I only received 4d. a night from you, for your own bed—I am not receiving money from a young man who lodged with you at my house—I do not know a person named Ray.
COURT. Q. Have you ever received money from Ray? A. No; nor from a person named William.
HENRY MILSTEAD (police-sergeant, K 12). On Saturday, 19th Aug., I received information from Connell, about 9 o'clock in the evening—I went with him in search of the two prisoners—I found them coining up the street at Barking; Jackson had this dress in her arms, I took it from her and stopped her—I told her I must apprehend her for stealing that dress—she said Mrs. Hughes lent it her; I took both the prisoners to the station—I went afterwards to a house in Fisher-street, in consequence of being told that there was a piece of bed furniture there—I found a key on Jackson which fitted the house in Fisher-street—I found this piece of bed furniture lying on the bed for a quilt.
Jackson. I told him I was going to take the dress back to Mrs. Hughes. Witness. No; she said Mrs. Hughes had lent it her—she was on the road back to Mrs. Hughes.
WILLIAM CONNELL (policeman, K 406). I went with the last witness, and apprehended the two prisoners—on the way to the station, Quarterman said that she had got the ticket of the dress from Mrs. Wicks—she said she knew nothing else about it.
COURT to MARGARET HUGHES. Q. Did you ever lend her that dress? A. No; it is an old dress that I had worn myself—I kept it at the bottom of a closet—I had not worn it since I have been in that house—I have, been there six months.
Jackson. Mrs. Hughes was aware that I took the dress and pawned it for a shilling; she took part of it; the character of her house is very bad.
NOT GUILTY .
MR. GEAREY conducted the Prosecution.
JAMES BROWN . I am a beer shop keeper, of North-street, Barking. On Friday, 18th Aug., the prisoners came, and asked for a pint of beer and two Pickwicks—I was not in the tap room when they paid—my wife brought me a half sovereign—I looked at it; it was tried, it bent, and I went to my next door neighbour, and asked him if it was good—my wife took it back to the prisoners in my presence, and they offered her another half sovereign she would not take, and a shilling was given to her, and the half sovereign was given back to the prisoners—after that a policeman showed me a half sovereign; it was the same which I had seen before.
Cross-examined by MR. GIFFARD. Q. How long do you suppose the prisoners were in the house? A. From half an hour to forty minutes—they were in the house while I went to my neighbour—my wife is not here; she brought
the half sovereign to me because she could not give change—I was not a minute gone to my neighbour's, and I did not go through the room in which the prisoners were sitting—I was there when the prisoners came in.
JOHN CUTTENHAM (policeman, K 220). On Friday afternoon, 18th Aug., I and two other constables were near Mr. Brown's house; he said something to me, and I went in search of the prisoners, and found them in the Spotted Dog, sitting at a table, with a pint of ale between them, which had been paid for before I went in—they called for two Pickwicks, and flung down this good half sovereign (produced)—I spoke to the landlady who took the half sovereign—I went back and said, "I shall take you into custody"—Foster said, "What for?"—I said, "For passing a bad half sovereign"—he said, "This is a good half sovereign, but the one which I offered before I have got in my pocket;" and gave it me—I gave it to Jay, and took the prisoners to the station.
HENRY JAY (policeman, K 252). I was in company with the last witness, went with him to the Spotted Dog, and saw the prisoners sitting there; Foster asked for two Pickwicks—I took possession of the half sovereign; I assisted the prisoners to the station—I searched Foster, and found these two 5s. pieces in his fob, and these three florins (produced) in his coat pocket—I showed the half sovereign to Mr. Brown—I also found 5s. in good money in his trowsers pocket.
Foster's Defence. When Mr. Brown told me about the half sovereign, I was going to take it back to Woolwich, where I received it, as I had worked very hard for it; if I had known it would have done me any harm, I would have thrown it away.
HOPPER— GUILTY . Aged 30.— Confined Six Months.
FOSTER— NOT GUILTY .
Before Mr. Recorder.
MESSRS. BALLANTINE and SLEIGH conducted the Prosecution.
EDWARD PENNY . I am cashier to Messrs. Peto, Brassey, and Betts; they are contractors, and are constructing the London, Tilbury, and Southend Railway. The prisoner was a clerk in their office at Barking—the course of business, as regards the payment of the men on Saturday, is this: there are two lots of men, and two sheets are made out; one is given to the time keeper with the money, and he goes up the line to pay one portion of the men; the prisoner and I go down the line with the other sheet and pay the other portion—it was part of the prisoner's duty to enter the men's time with their names, and their money due to them, in the pay book—he would get the materials for that from the time keeper; without that information he would be unable to discharge that duty—it was further his duty to make up from the pay book the pay list, previous to our going down the line to pay—this (produced) is the original pay list made by him on 12th Aug.—it is in his writing—it was the time keeper's duty to supply him with the names of the men, the time they worked, and the amount due to them, not by word of mouth, but from the book; he holds the book in his hand, and reads from it while the prisoner makes his entries—the pay list ought to correspond with his own entries—I find in this pay list the names of
"R. Young, 15s.," and "R Jones, 15s."—on 12th Aug. the prisoner accompanied me down the line, for the purpose of discharging the account due to the different men; we paid them all, with the exception of the items due to Young and Jones—the prisoner took the original pay list in his hand, and I took the money—I saw the list—I carry the money in a bag; he takes the list, and as the men come up he calls out "17s.," or whatever the amount is, with the name; I then hand over the money, and he ticks them off—I do not remember the names of R. Young or R. Jones being mentioned at all, and am not aware of paying them 15s. each—the men do not come up in rotation, unless a man presents himself, his name is not called out—I have no recollection of these names being called out—one man might take another man's wages, if he gave a reason for it—the prisoner afterwards said, "There will be some men calling at my house, I will take the money for them;" and I handed over to him 2l. or 3l.; I cannot recollect the exact amount, but to the best of my belief, I paid him sufficient to pay the rest of the workmen on the list—I knew what to give him, because he had the paper in his hand, and if he said 3l. or 3l. 10s. I should hand him over the money directly—I do not examine the list myself—on the Monday the prisoner generally brings the list back to the office; he did so on this Monday—I do not make any memorandum of the amount I actually pay, or of what I leave in his hands—before we set out in the morning the prisoner calls out the amounts; he says, "17s.," and I put 17s. into the bag; "18s. 6d.," and I put 18s. 6d. into the bag, so that we have the exact cash—I make no memorandum of the sum I take out, but it is in the book which contains the time keeper's list—I cannot tell you what the whole amount was that the prisoner called out, or the specific sums—the aggregate amount contained these names, of R. Young and R. Jones, and I paid that aggregate amount on account of my employers—the prisoner has been in the office much longer than I have, and he knew more about it—I can charge my memory with giving the prisoner 3l., at least, on this Saturday, in respect of wages of men who had not appeared; and out of that he returned me on Monday morning 15s., in respect of a man named Smith, by giving me a sick ticket, which is worth 8s., and 7s. in money—when men are ill we pay them 8s. a week—on the Monday the prisoner returned the list, and said they were "all right," or "all paid," with the exception of Smith—I glanced at the list, and saw that all the numbers were ticked—I am able to state that it was in the same state then as it is now, but this heavy writing in pencil on the right hand side was not on it—it is my duty to look at the list when he produces it, to show me that it is all correct, and that they are all paid—these ticks are his, they were there then—I am sure that these ticks were against the names of Young and Jones that morning—this cross is Mr. White's, that has been made since—on the following Saturday, 19th Aug., I went down the line with the prisoner, and went through the same course of business—there was a list, but it is not forthcoming, as the prisoner never returned it; but he returned one in the place of it—these entries in the pay book on 19th Aug. are in the prisoner's writing—I find the names of R. Young and R. Jones in it—as the same entry does for the whole page, the names are only written once; but 18s. 6d. is entered for Jones, and 19s. for Young, for the week ending 18th Aug.—the wages are calculated down to Friday evening, but we pay on Saturday—Jones and Young did not appear on the line, to my knowledge; and I paid closer attention than usual to the names—I made no memorandum—I did not take the list in my hand, the prisoner had it—I handed over to the prisoner that night on parting with him, 19s.
for Young, 16s. 6d. for Jones, and also some money for the sawyers—I then went back to Barking.
COURT. Q. Did you look at the pay book on 19th Aug., before you paid him the balance? A. Not at that time; I did on Saturday morning or afternoon before I went down the line, and saw these two names with these sums opposite to them.
MR. SLEIGH. Q. Is that (produced) the list which he had on the Saturday evening in his hand? A. It is not; I know that, because I took particular notice of it—the prisoner returned no portion to me, or to Mr. White on Monday morning, of the three sums I had handed to him—he presented the pay list to Mr. White who was examining the books, Mr. White looked at it for a few seconds, and said, "Why, Lord, this list has not been written five minutes," or words to that effect—the prisoner said that it had, and that it was the one which he took away with him on Saturday night—MR. White said that it was no such thing, and handed it round to several people who were there, and to Mr. Lockey, a gentleman engaged on the line, in the prisoners presence, and asked his opinion; he said he should say, that it had not been written five minutes—he then gave it to me, and asked me if it was the paper he had taken away on Saturday evening; I said it was not, in the prisoner's hearing—MR. White then accused him of dishonesty, sent for a policeman, and gave him in charge; we then went over to Ilford to a Magistrate—I should not have parted with those sums of money, unless I had believed that those sums were owing by my employers, to Young and Jones—there were no such persons working in their employment at that time.
Cross-examined by MR. O'BRIEN. Q. You do not mean to say that you know all the men working there? A. No; for aught I know there might be ten Youngs and ten Joneses—we have paid the men in the same way, ever since I have been there—I did not pay the same men always, but I always went the same line of road—Strong was the other person who used to pay; I do not think that men used to go to his house to be paid; one or two might go—mistakes do occur; there was one some time ago, but it did not originate with me; either the prisoner or the time keeper detected it—the error was in paying a boy named Bicker a man's wages on one Saturday, and it was detected on the next, but it was a month or two previous to this—I do not recollect a man being paid double, and the prisoner detecting it; it was brought to my knowledge, not to Mr. White's—it generally happened that some four or five of the men used to go to the prisoner's house to be paid, sometimes more and sometimes less—while I am going down the line, I carry the money bag—when we return to the counting house, I hand over the balance to the prisoner to pay the remainder of the money—I should make no remarks—I take the balance from the pay sheet—the names are not read out, but the prisoner calls out the amounts, and I put them in the bag—the pay book of Aug. 12th, would be made up on Friday night or early on Saturday morning—the list is made out from the pay book, and the pay book from the dictation of the time keeper—the time keeper's list is here—I saw the list of 12th Aug. on Monday 14th, I did not inspect it item by item—the prisoner has been in Messrs. Brassey's employment about twelve months—I left him some money on 12th Aug., but do not know at all who he was to pay with it—on the second occasion, I left the money in respect of Young and Jones and some sawyers—there is a company of the sawyers, Cobb I think the name is; I left 1l. 17s. 2d. for them—I did not make any memorandum of what I left in the bag, nor of the entire amount
I handed over to the prisoner on the 19th, but I know that it corresponded with these items.
Q. That is supposing that the money in the bag originally corresponded? A. No; I distinctly counted out 18s. 6d., 19s., and 1l. 17s. 2d., and handed them to the prisoner—some money remained in the bag, we generally put in a few pounds; because sometimes men call on a Saturday, and receive money who are not in the list at all; there is a man named Foster whose wages are 6l. a month—we have never been short—the prisoner has been out on bail.
COURT. Q. Tell me exactly what passed when you got to Barking that evening? A. I asked him if there were any men who had not been paid—he said, "Yes," there were these two men, pointing to the paper, Jones and Young—he mentioned the names—he had the list in his hand, and I saw them on it—he said, "These men, Jones and Young are not paid; they will most likely call at my house to night for it, and there is also the balance for the sawyers which I will take as well, and they will call for it"—we then made the calculation, to know what the balance would be for the sawyers—we made it from a small book which is kept by the store keeper, and found that the amount was 1l. 17s. 2d.; I then handed all three amounts to the prisoner in separate sums, 18s. 6d., 19s., and 1l. 17s. 2d.—I counted them out separately, and they were placed before him in three separate lots—there were no others unpaid.
MR. O'BRIEN. Q. Was he going away when you asked him if there were any men unpaid? A. We should have left in about half an hour after we got back.
GEORGE STRONG . I am time keeper to Messrs. Peto, Brassey, and Betts. It is a portion of my duty to keep a time-book, in which I enter the names of the men, and the length of time that they work—this is it (produced)—on the week ending 12th Aug. I do not find the name of R. Jones or R. Young, nor in the week ending 19th Aug.—no such persons were employed there during that month—if such persons had been in the employment I must have known the fact—at the end of each week I read the time-book out to the prisoner, and he enters the names and items which I read out, into a book which is called the pay book—I did not give him the names of R. Jones or R Young in Aug.—there was a J. Jones the whole of the month—I took his time, but he was not on my list, as I did not pay him—I returned his name to the prisoner—I took one pay list, and Mr. Penny the other—J. Jones would be on Mr. Penny's list, not on this list—it is in a different portion of the line to where Mr. Penny pays the money—J. Jones is one of the gaugers of the plate layers—the money does not come into either of these lists—it would be put on a small scrap of paper.
Cross-examined. Q. Supposing that J. Jones was to be paid on Saturday night, who would pay him? A. Mr. Penny, in company with the prisoner, and the same on the 19th, I believe—MR. Penny always used to do so—Jones's wages were 3s. 6d. a day—all the names that I read out are on this list—this is headed "from 29th July to 25th Aug."—each successive week I read the numbers and the time from this book, and so much time made each day—these men not marked were not at work at all—the plate layers numbers were put down from this book on Saturdays—I used to read the book over to the prisoner on Fridays—I read the numbers and time separately—sometimes I used to call the names, and sometimes the numbers, but most frequently the numbers—these names correspond with the numbers in the pay-book—the pay-book is made up by Mr. Penny or the
prisoner—he enters into the book before entering into his list—the number of J. Jones is 66 (J. Jones appeared in the book as No. 66)—there was no mistake made in putting "J. Jones" for "R Jones"—we have never paid a man double—the prisoner told me one Friday that he had detected that a lad had been paid double, and that he had told Mr. White of it.
MR. SLEIGH. Q. Do not you consider plate layers as men regularly employed on the line? A. Yes—they are always kept separate in the books—I always call the numbers, and generally the names too, but some-times I omit the names—when a man enters the prosecutor's employment there is always a number fixed to his name, and he has the same number the whole of the month—there was no man named Young working in the establishment from 25th July to 29th Aug., nor was there in the month before; if there had been it would have been entered in this book—at the end of the third week of that month 1l. 10s. 8 1/2 d. would be due to J. Jones, but we do not pay them every week, we only sub them; it is 2s. 6d. a day paid monthly, but for that week he would be entitled to 18s.—there may be now and then one or two men who come to my house in the evening to receive the money after I had been down the line.
THOMAS WHITE . I am managing agent to Messrs. Peto and Co. for this railway. At the beginning of they month Strong, the time keeper, gives the names of the whole of the men employed to the junior clerk, the prisoner, with their numbers—that is done on a printed form, but in this case the printed form has been omitted, as they lived in the same village, and their business called them together—the numbers affixed to each workman's name remain for the month, and the next month also, if they remain—it is the daily duty to return the men's time, but it is never omitted on Friday, as that is the last day of our week—anything that is not entered ought to be entered on Friday, to make up the accounts for payment—the names are written only once for the month, but the time is put down daily, and the four weeks are made into a total at the end of the month—on Friday or Saturday the prisoners should assist Mr. Penny in making out the list—his first duty is to make up the pay book—I call Mr. Penny the chief clerk and cashier—strictly speaking it is the duty of the cashier, with the assistance of the prisoner, to make up the pay book, and then to take the sums out of the pay book, and make a pay list on the Friday or Saturday—whether Mr. Penny does it, or gets his helper to do it, is a matter between themselves s—two lists are made out—Strong takes the time for the whole of the district, but he can only find time to pay about half of it—the plate layers are not included in either of these lists; they are four or five men working in a gang—I do not know, of my own knowledge, that there was a man of the name of John Jones, a plate layer, but it appears so by the book—it is Penny's duty to see that the plate layers are paid—I know nothing, of my own knowledge, of Saturday evening, 19th Aug., but on the return of the list, on Monday morning, 21st Aug., I was in the counting house when the prisoner came in with the list, without being sent for—I was comparing the lists with a young man named Lockey, and as soon as the prisoner entered I caused the door to be shut, and said, "Are all these men paid, Mr. Penny?"—having got this memorandum in my hand, which I had just been making, he said, "I expect they are"—I said, "How do you know? did you pay them yourself?"—he said he had not paid the whole of them himself—I asked him how many he had paid, and how many he had not—he said there were two whom he had not paid on Saturday, besides some sawyers, and pointed out the numbers of the two men whom he had
not paid in the pay book—he said he had not paid them for the whole of the month—I asked him who had paid them—he said he had given the money to Lord to pay them—they were No. 162 and No. 177, Jones and Young; but I forget which was first of the two—this was for the week, 18th to 25th Aug.—just at that moment Lord vanished from the office—nobody could tell where he had gone—this was before I had asked him for his list—I sent over to his house, to see if he was there—he came back in five or seven minutes, and I asked him if he had the list of those men for whom he had the money on Saturday night—he said he had—I asked him to let me look at it, and he showed me this list (produced)—the ink was wet—I said, "Is this the list you took on Saturday night?"—he said, "Yes"—I said, "I see no name of Young or Jones"—I held it up to the light, and said, "Why, this has not been written five minutes"—he said, "I beg your pardon, Sir, it is the one I had on Saturday night"—I called him a scamp, and sent for a policeman—I should say that during the whole of August there were no persons named R. Jones or R. Young, in Messrs. Peto's employment, on that line of railway; but I do not know all the men—all the men in Strong's district should appear in the book.
Cross-examined. Q. How long had the prisoner been in the service of Messrs Peto? A. I think he had been employed under me eighteen or nineteen months—I do not know where he was employed before—he did not bring a four years' character to me, he brought a note to me from a clerk in the London office, to know if I could give him a job—I gave him one at store keeping at first, and then he got into the office.
COURT. Q. The prisoner would know nothing of what men were at work but from the report of the timekeeper? A. No, that is the only means he had of knowing—he did not point out to me the week before, an overcharge paid to a boy—I do not even know that there was an error—the three first weeks the men are paid part of their earnings, what we call "subsist"—a man that is earning 18s. a week would perhaps receive 12s. at the end of the first week—the truck system is done away with now.
GUILTY .—Recommended to mercy by the Jury, on account of the careless way in which the waged book was kept.— Confined Four Months.
Before Mr. Justice Erle.
MR. LILLEY conducted the Prosecution.
JAMES WISDOM . I am a smith, and live in Ann-street, Plumstead. On 20th Aug., about twenty minutes past 9 o'clock, I saw the prisoner and the deceased Smale close together—I saw Fabling pull his coat and hat off, and give them to a woman—I saw him give Smale a blow on the left side, which knocked him down—I went for the parish constable, I returned with him, and one of the men was then picking Smale up off the ground; the back of his head was all covered with blood, and he was insensible—when he was struck, his hands were straight down by his side.
Cross-examined by MR. RIBTON. Q. There was rather a crowd there,
was there not? A. Yes; there was at last—I did not see any one strike the prisoner—I did not hear Smale say a word—I came up just at the time Smale was knocked down.
THOMAS KENT . I am a labourer living at Plumstead—I knew the deceased. On Sunday evening, 20th Aug., I was coming from Woolwich, and met the prisoner—he was pulling off his coat and saying he would go back and give the b—some more of it—he then put his coat on, and walked on about his business—there was no one there but another young man who was with him—I did not see Smale at that time, but when I walked on, between forty-five and fifty yards, I saw him lying in the road, before the door of the Red Lion—I went into the crowd, and picked him up, and rested him between my knees—I saw that he had but little breath, I could scarcely observe any—he was not sensible—we took him home, and he laid upwards of three quarters of an hour before I could fetch him to, and then after he had revived a little, he said "Fabling" three times, before he could say "Fabling done it"—he continued very bad; he was in a dangerous state when I left him—the prisoner walked as steadily as I could.
Cross-examined. Q. There were a good many persons opposite this public house, were there not? A. Yes; there was a crowd when I came up—I did not see any blow struck; it was after it was done, that I met the prisoner pulling his coat off.
JOHN COOK . I am parish constable of Plumstead. On Sunday evening; 20th Aug., I received information, and went out and saw the deceased lying in the road, bleeding from the nose or mouth—I made inquiries, and in consequence of information, I went after the prisoner; I did not find him till the Tuesday; he was then at his master's, a Mr. Booth's, in a street leading out of the Old Kent-road—I said to him, "How are you Bill?"—I have known him from a child—he said, "How are you?"—I said, "Were you at Plumstead on Sunday night, Bill?" he said, "No, I was not"—I said, "I think you were, for I thought I saw you there"—he Said, "Well, the truth will always go the farthest, I saw you there in the Red lion"—I then asked if he recollected anything about striking a man; he said, "Yes, he struck a man, and knocked him down"—I asked if he knew the man; he said, "No"—I said, "How came you to strike the man?"—he said, "There was a woman running after a boy; my younger brother said, 'Run' (I think he said), Richard, or Dick, don't let your mother catch you; the father was passing at the time, and said, 'What have you to do with that, you s—y puppy;' I said, 'I will show you whether I am a puppy,' for that was the reason that caused me to strike him"—I knew Smale—I saw his dead body at his own house after he was brought from the hospital.
Cross-examined. Q. Were you there on the night the blow was struck? A. I was in the Red Lion—I did not see the blow struck—I heard nothing outside, and saw nothing till I found Smale lying on the ground—I never heard anything against the prisoner; he always bore a good character—he is married, and has two children.
SIDNEY JONES . I am house surgeon at St. Thomas's. On Saturday morning, 26th Aug., about 8 o'clock, I received the deceased into the hospital—he was suffering from compression of the brain—there were symptoms of laceration of the brain as well—I could not detect any fracture of the skull externally—the coma became greater on Friday, and he died at 4 o'clock that afternoon—I made a post mortem examination on the following Monday—I found a fracture at the base of the skull, extravasations of blood beneath the membranes of the brain, and laceration of the two
anterior lobes, and left middle lobe of the brain—a violent fall on the back of the head would cause those appearances—the cause of death was compression of the brain; that compression was produced by extravasation of blood—the other organs were quite healthy.
Cross-examined. Q. What did you treat him for? A. The treatment was to avert inflammation of the brain—we used cold to the head, and calomel—he gradually sank, he did not recover at all, and could not be roused during the whole time.
JAMES SELBY SMALE . I am a carpenter and licensed victualler at Dartford—the deceased was my brother; his name was Richard Smale—I saw him about an hour and a half before he died in the hospital; I did not see him afterwards.
GUILTY . Aged 24.— Confined One Fortnight.
MR. CAARTEN conducted the Prosecution.
WILLIAM ROBSON . I am a linendraper, of Woolwich. The prisoner was in my service—on Thursday evening, 17th Aug., I sent for a policeman, and went with him into the prisoner's bedroom, and found her boxes—we examined them in her presence, and found these two pairs of boots, a parasol, and two pairs of stays, a plain habit shirt, and one with a collar, some tape, buttons, collars, needles, and postage stamps (produced)—the value of those I can identify is about 30s.—these boots and stays are mine—here is my private mark on them—they have not been sold—her boxes were not locked—I believe she opened them with a key.
Cross-examined by MR. METCALFE. Q. Is this mark on the boots a private mark put on by yourself? A. Yes; they do not come to me marked—I mark everything in my shop in this way, either in ink or pencil—I do not take off the mark when they are sold—I sell a great many, and they all come from the same manufacturer—I have reason to believe that the prisoner has a sweetheart, a soldier—if he came to the shop, bought the boots, and gave them to her, there is nothing by which I can tell that—when I say that they have not been sold, I mean not to the prisoner—my private mark remains after they are sold.
MR. CAARTEN. Q. Do you remember the soldier being a customer at your shop? A. No, it is a very rare case for soldiers to buy ladies' boots and parasols—this "11" on these stays is my mark—I cannot say, within a month or two, when they were in my stock—the prisoner was in my employment nearly eighteen months, and had access to the shop on Sunday mornings, while I was at a place of worship—these collars have not been washed or worn—here is my private mark in pencil on them—these habitshirts have not been washed—at the time the prisoner's boxes were opened she was asked whether she had any new boots at all—she replied, "No"—she was then asked if she had any in her boxes—she replied, "No," and in the second box that was opened we found them—she said, in my presence, that she had bought several of these things—she was asked where she bought the stay a—she said, "In Eyre-street, Woolwich;" and twenty minutes afterwards she was asked again, and said she bought them at Stratford—she said she bought something else, and my impression is that it was the parasol.
MR. METCALFE. Q. When did you say anything about this conversation; did you ever tell it in a Court of Justice before? A. No, I think not; she was not asked whether she had any new boots, but whether she had any new boots belonging to me.
JOHN NEWALL (policeman, R 340). On 17th Aug. I was sent for to the prosecutor's house, and saw the prisoner—MR. Robson said that he suspected her of robbing him, and that he should have her boxes searched—I told her she was charged with stealing some boots and stays from her master—she said she had no boots at all in her boxes—I went with her and Mr. Robson into her room, and found three boxes locked—I desired her to open them, and she opened them with some keys which she took from her pocket—in one large box I found two pairs of stays and a parasol—she said nothing till the whole of her boxes were searched; and the things were found; and then she said, in the presence of her master, that she had taken the whole of the things which I had found from the shop—she said she had some friends living at Stratford, and that her mother had been to see her once or twice since she had been at Mr. Robson's.
Cross-examined. Q. She admitted at once stealing the whole of them? A. Yes; Mr. Robson heard that; I am quite sure of that—I do not know that I have said a word about her saying that she took them from the shop with the exception of what I said before the Magistrate—I know that my depositions were taken down, and handed to the prisoner's advisers—there can be no doubt about what the prisoner said, because she said she was very sorry—before I went up stairs, when I told her she was charged with stealing boots, I believe I said, "belonging to your master"—she said she had not got any new boots belonging to her master.
MR. CAARTEN. Q. Did she make use of the words, "her master," or did she say she had not any boots at all? A. She said she had not any boots at all belonging to her master.
(The prisoner received a good character.)
GUILTY . Aged 20.—Recommended to mercy by the Jury.— Confined Three Months.
Before Mr. Recorder.
MR. RYLAND conducted the Prosecution.
JOHN CHRISTMAS . I am a labouring man, and live in Grove-street, Deptford. I had known the prisoner very nearly two years, and till this matter happened we had been good friends—on Friday, 25th Aug., I was in a public house with him—I passed the whole evening with him there, till half past 12 o'clock on the morning of the 26th—we had some drink, but only very little—when I came away I was not any the worse for what I had drunk, nor was he—we were both quite sober—he went to his mother's house, and I went with him; and we stopped there till half past 2 o'clock in the morning—I came out of the house before him, and was going home—I next saw him about ten yards from his mother's gate—he overtook me—nothing took place till we got to the Red Lion; I then wished him good morning—he said he should not wish me good morning, he meant to give me a d—d good hiding before he left me—I had not had any quarrel with him—I said, "What for, have you any particular grudge against me?"—he said, "No; not any particular grudge," but he should do it before he left me—I said, "You will have to get some one to help you, or to pray to God to make you able to do it"—he said he did not care whether he had any one to help him, but he should well make me suffer for it before he left me—after he had repeated those words I walked off towards my lodging, and he followed me—he was sometimes a short distance before me, and sometimes
a short distance behind—he got home to my lodging about fifty yards before I got to the door—lie did not lodge in the same house—I went up to the door of my lodging, and he was there—he stood against the door, and he said he should give me a d—d good hiding before he left me—I attempted to go in at the door, and he came up to me and told me he should make me fight before I went in—I told him I did not wish to have anything to do with him, I did not want to interfere with him—he said, "Well, I shall make you fight whether you door whether you do not"—I said, "Well, if you make me I suppose I must"—I did not prepare to fight, but he did—he pulled off his coat, and I asked him what for; and he said, for to give me a good hiding—I did not do anything to my dress—I buttoned my coat up—I did not begin to fight, I stood with my hands in my pocket—he came up to me, and struck at me—I turned my back to him, and he struck me in the back—I held up my arm to keep the blows away from my face, and he struck me underneath my arm, and on the left side of my back—I do not know whether it was with his fist or with anything in his hand—he then caught hold of me with his right hand, and tried to throw me down—he put his right hand round my waist—I said, "It is no use your trying to throw me down, you can't"—he said, "I shall make you well suffer for it without that"—after he tried to throw me down, he struck me four or five times in the back—his arm came round me at the time I had hold of him—I could not see anything in his hand till I felt the knife going through my coat into my back—that was the fourth or fifth blow—I felt what I believe to be a knife going through my clothes into my body—I said to him, "George, you are stabbing me"—he said, "I know I am, and I mean to have your b—y heart out before I leave you"—after he had said these words, I saw the knife in his right hand—I do not know what, became of it—I tried to get it out of his hand with my left hand—he had the knife in his right hand—I tried to get hold of his right hand, and he raised his hand and struck me twice in the arm—once in the lower arm, and once just at the bend of the arm—the second time I caught his arm, and as soon as I got hold of his arm he dropped the knife in the road, and he stooped and picked it up, and put it in his pocket—heathen took up his coat and ran towards his own home—I was not able to follow him, I was bleeding very much from four places—I went to my lodging house—a doctor came to me—there was no one by at any time—I believe I have told all that happened—I did nothing to provoke the prisoner.
Cross-examined by MR. ROBINSON. Q. How long had you been in the public house? A. From 10 o'clock till twenty-seven minutes past 12—we were on good terms—I was once charged with an assault, and was imprisoned a month for it; that is twelve months ago—the prisoner lives about a mile from me—he lives with a woman and has two children—this went on for about twenty minutes or twenty-five minutes from the first time he asked me to fight—it took place in a street—I did not call out till after he stabbed me—I then called "Murder"—I called three times—I did not have anything to eat after I left the public house—I afterwards went to a coffee house—the prisoner followed me in—I did not have anything to eat there—that was after I left his mother's—I believe I was as sober as I am now—I do not know that the prisoner was, because he had had some drink.
COURT. Q. Had anything been said between you, about this woman that he lives with? A. No—he had never complained of me—I have been to the house frequently three or four times in a month—I mostly went with him.
MATRIN WELCH (policeman, M 277). I was on duty in Grove-street, Deptford—I heard a cry of murder about 3 o'clock in the morning—I went in the direction of it, and met the prosecutor—he made a complaint to me—he appeared to me to be sober—he was bleeding profusely from the left arm—I took off, his coat, and saw him bleeding from two wounds on the left part of the back, about the shoulder—I also observed two wounds on the left arm—I saw him home, and brought a medical man to him—I had not known him nor the prisoner before—I went afterwards and looked for the prisoner—I found him the same morning at his lodging, No. 8, Wellington-street, Deptford—I found him in bed about 5 o'clock—he appeared to be drank then, but I had seen him before he stabbed the prosecutor, and he was sober—when I saw him at 5 o'clock he appeared to be drunk, but I believe he was not—I had seen him about half past 2 o'clock that morning, in company with the prosecutor—I spoke to the prisoner, and in my judgment he was then sober—he had no appearance of being drunk—the prosecutor was sober at half past 2 o'clock—when I found the prisoner in bed about 5 o'clock, I took him into custody—I asked him to get up and out of bed—he made no reply—I spoke to him again, and asked him if he had stabbed John Christmas about 3 o'clock—he said he knew nothing at all about it—he then got up and dressed, and came with me to the station—as I took him to the station I passed the door of the house where Christmas lodged—the prisoner saw the blood, and he said if he had caused the prosecutor to lose so much blood as that, he ought to be punished for it.
Cross-examined. Q. Then he never said that he could not tell whether he did it or not, he was so drunk? A. He might say so, but I do not recollect it—he said that in going to the station—when he got out of bed he appeared to be drunk—I spoke several times, and he did not answer me—he spoke thick, of course—he did not reel out of bed; he jumped out of bed and sat on the bed—he staggered a little, and then sat on the bed—he talked thick and staggered a little; that induced me to believe he pretended to be drunk—I had seen him about half past 2 o'clock in Plough-row—I had not seen him before—I spoke to him, and asked what he was arguing about—he was talking to the prosecutor about betting—he made no reply, but said he was going home—he did not appear quarrelling, merely arguing—there was another policeman present when I took the prisoner into custody—I cannot tell who he was—he was one of the R division.
JAMES JOSEPH CROGAN . I am a surgeon, and reside at Rotherhithe. On Saturday morning, 26th Aug., I was called to attend the prosecutor at his. lodging in Grove-street, Deptford, between 3 and 4 o'clock—he had two or three wounds in the back of a small character, and two larger ones on the left arm—they were incised clean wounds, as if cut with a sharp instrument—one of those on the arm appeared to be drawn across—those on the back appeared more of the character of punctured wounds—he was then bleeding slightly—he had bled much—one of the wounds on the arm was dangerous—it was near an artery—it was about an inch and a half in length—I dressed the wound, and attended him for a week or ten days afterwards.
Cross-examined. Q. The one near the artery was the only dangerous one? A. Yes, on account of its locality—all wounds will bleed—if the artery had been punctured, there would have been considerable danger.
Prisoner. I know nothing about it; I was drunk.
(The, prisoner received a good character.)
GUILTY of unlawfully wounding. Aged 26.— Confined Four Months.
CHARLES BROWN . I am in the service of Mr. Lovegrove, a publican at Greenwich. On Monday, 4th Sept., I was in the house—the prisoner came through the front door—he wanted to go to the back premises to fetch something—I told him he could not go—he said the beehive belonged to him, and he had an umbrella and stick—they were tied together; here it is—he said if any one hindered him he would take their life—he drew this sword from the stick—he aimed at me; it wounded me but slightly—I had given him no provocation.
Cross-examined by MR. GIFFARD. When he drew the sword, the stick and umbrella were tied together—he had the umbrella under his arm—he only used the sword—he dropped the rest of the things—I never saw him at the beehives, nor knew that they were his—the policeman we met in the Trafalgar-road—we both had the stick when the policeman came up—I did not let go of the sword till the policeman took him—on the road to the station, and in the house, he said he would take some one's life—I was standing so as to prevent him going into the back premises; to prevent him by force, if necessary, for I was told not to let any one go—I do not think he touched the door—I never touched him—I would not swear that I did not knock his hand off the door, in the struggle—I swear I did not before the scuffle—no one saw what we were doing—I had seen him before—he was sober.
EDWARD HAYWARD (policeman, 354). I received the prisoner into custody from Brown in Trafalgar-road—the prisoner had the sword in his hand—I told him the charge—he said he would kill every body—the prosecutor had not got it in his hand at all; he did not touch it—he had got hold of the prisoner by the right arm; the ostler had got the other arm—the prosecutor was marked on the nose near the forehead—there was a bruise on his forehead.
(The prisoner received a good character).
GUILTY of Unlawfully Wounding. Aged 69.— Confined Two Months.
Before Mr. Common Serjeant.
AMBROSE MURRELL . I live at Greenwich Market. On 12th Sept, the prisoner came into my shop, and asked for a drink of water—I gave her the mug to fetch the water from the pump—I missed nothing at the time, till after she came back—she sat down on a chair—I missed the shawl from the counter near where she had been—she said she had not taken it—I saw it in her pocket—I took it out—this is it—I saw her put it under her apron, not off the counter—it belonged to me—she said, "God knows I did n't mean any harm."
Prisoner's Defence. I went into the shop, and bought a frock that did not fit; I asked for water, and he gave it me; I took it up by accident, and when he took it from me I did not refuse to give it up; I offered money for it; I did not want to steal it; I buried my husband just before; it was rolled up in my apron by accident; I did not know that I had it.
GUILTY . Aged 40.— Confined Two Months.
PLEADED GUILTY . Aged 24.— Confined Twelve Months.
Before Mr. Common Serjeant.
PLEADED GUILTY . Aged 18.— Confined Six Months.
WILLIAMSON PLEADED GUILTY . Aged 36.— Confined Nine Months.
MESSRS. ROBINSON and GEARY conducted the Prosecution.
WILLIAM HENRY SHEPHERD . I live at Kingsland, and am a town traveller. On Friday, 25th Aug., I was on Camberwell-green, about 5 o'clock—I saw the two prisoners together talking—I passed them, and went into Mr. Smith's shop—after I had been there a few minutes Daley came in, and asked to look at some gloves in the window—she bought a pair for 9 3/4 d., and gave a half crown—change was given her, and she left the shop, and joined the other prisoner—I examined the half crown—I then followed the prisoners for three quarters of a mile, to the White Hart, Southampton-street, Camberwell—I went in there—the prisoners were having some refreshment—Daly nudged Williamson, and I saw something in his hand—I walked round, took a black glove from him, and found in it five half crowns—I detained him, and sent for a constable—Daly had left the door, and the potman fetched her back again—Williamson said the money was never in his possession at all, and that I tried to get up a Mint case—Daly was within hearing when he said that—I gave the money to the police constable.
COURT. Q. You say that Daly nudged Williamson? A. Yes, with her elbow, and he put something black into his pocket—when Daly was in Mr. Smith's shop I was there taking an order from Mr. Smith.
HENRY ALDWINKLE . I am assistant to Mr. Smith, a draper. On 25th Aug. Daly came in, and asked for a pair of gloves out of the window—I showed them to her, and she purchased them—she gave me a half crown, which I handed to Mr. Smith—he was about to place it in the till—it was not out of his fingers—MR. Shepherd spoke to him about it—it was then marked, and put aside.
JAMES GRANT (police-sergeant, P 11). On 25th Aug., I saw the prisoners brought into the Camberwell station for uttering a counterfeit half crown, at the shop of Mr. Smith—Williamson said he had accidentally met Daly, but he had no knowledge of her—Daly said the same as he did, that she knew nothing of him, but when he asked her to go and have some drink, she went—she gave her address in the Wandsworth-road, and said she was an artificial flower maker—I inquired, and she was not known there—I received this half crown from Mr. Smith, and these, other five from Mr. shepherd.
COURT. Q. Did Daly say anything more? A. No; she only gave the direction Wands worth-road—I asked if she could name any place, and she could not.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint—this half crown that was passed is counterfeit—the other five are all counterfeit, and all from the same mould—the one that was passed is not from the same mould.
Daly's Defence. I was going to Camberwell-green, I met this young man; he asked me what I was; I said, "A tailoress;" he said he was a tailor's cutter, and he would get me work; he gave me a half crown to buy myself a pair of gloves, which I did; he then asked me to have some refreshment, and the officer came in and took us; I was going out, and they fetched me back again; they found nothing on me but a good half crown, which was my own; I did not know that the one I uttered was bad.
(Daly received a good character.)
DALY— NOT GUILTY .
MESSRS. ROBINSON and GEARY conducted the Prosecution.
FREDERICK FULLER . I live in Clifton-street, Larkhall-lane. On 23rd Aug., in the evening, I saw the prisoner Jones pass my stall—Williams then passed—another man then said, "Jack," and one of them said, "I am here"—I saw them all three together—this was about half past 9 o'clock—I heard the chink of money pass between them, and saw the other man who got away give Williams something, I do not know what—I saw Williams go in a pork butcher's shop—the other two went on, and I did not see any more of them.
Jones. Q. Did you see me speak to Williams? A. I saw you all three come together, and speak together—it was the man that got away that called, "Jack" and you joined him.
HARRIET FINCH . My husband is a baker, in Larkhall-lane. On the night of 23rd Aug., Jones came to my shop—he asked for a penny loaf, I served him—he gave me a sixpence, I gave him fivepence in halfpence—he went away, and shortly after the policeman came in—I bent the sixpence, marked it and gave it to him.
Jones. Q. Did you not take the sixpence, and put it into the till? A. No.
THOMAS HAZELL . I am a pork butcher, and live in Larkhall-lane. On 23rd Aug., about half past 9 o'clock, Williams came for 1d. worth of pudding—I served him, he gave me a sixpence—I had not change—I went to Mr. Lawrence the grocer for change—I gave him the same sixpence, it never went out of my hand till I gave it to him.
Williams. Q. Had you any doubt about that sixpence? A. None at all; I took it for a good one.
HENRY LAWRENCE . I am a grocer, and live in Larkhall-lane. On the night of 23rd Aug., the last witness came to my shop for change for a sixpence—I gave him change, and put the sixpence in the till—there was one other sixpence in the till, which was a Victoria one, and had been run over—I should know it again—the policeman came in soon after—no one had been to my till in the meantime—I took the sixpence that the last witness gave me—I tried it, and put it back again—it remained there till Murphy came, and I gave it to him—it was the same that the last witness gave me.
Williams. You took the sixpence out of the till and tried it when I was there, and you and your father both said it was good. Witness. We did not examine it carefully, because there was a mob round the door.
COURT. Q. Did you think it was bad? A. I hardly thought about it; I was very tired—I said, I thought it was good.
WILLIAM MURPHY (police sergeant, V 42). On Wednesday, 23rd Aug., I saw the prisoners in company with another man, about 100 yards from Mr. Hazell's—Jones passed me on the right hand side of Larkhall-lane, the other two were on the other side—Jones went to Mrs. Finch's shop—I then went past Mr. Hazell's shop, and Williams was there—the other officer who was with me, went in there—I went to Mrs. Finch's shop, and she gave me this sixpence—I received this other sixpence from Mr. Lawrence—I took Jones into custody, and found on him a sixpence in silver, and 5d. in copper.
HENRY BURN (police constable, V 22). I apprehended Williams in Larkhall-lane, between the pork shop and Mr. Hazell's—that was after he came out of Mr. Hazell's—I found on him a good shilling, and 5d. in copper—I told him it was for passing bad money—he said he was innocent.
Williams. When I was taken back to Mr. Lawrence's shop, Mr. Lawrence and his son took the sixpence out of the till; they both looked at it, and said they thought it was good.
Jones's Defence. As to knowing I had counterfeit coin about me, I did not; I never saw Williams before the night in question.
Williams's Defence. I was walking by the Elephant and Castle, and I met a gentleman, who asked me to carry a portmanteau to Larkhall-lane; I did so, and he gave me 1s. 6d.; I was hungry and went for the pudding, and after I came out the policeman came, and took me for passing bad money.
JONES— GUILTY . Aged 29.
WILLIAMS— GUILTY . Aged 22.
Confined Nine Months.
Before Mr. Recorder.
PLEADED GUILTY . Aged 20.— Confined Four Months.
MR. ROBINSON conducted the Prosecution.
NANCY HYDEN . I am the wife of James Hyden, a baker of James-street, Rotherhithe—in May last we were residing at No. 10, Princes-street, Rotherhithe, and the prisoner took a back room of us, for which she was to pay 2s. 3d. a week—at the end of a month, I and my husband left the house, leaving property in both rooms—we did not lock up the rooms, there were no locks on the doors—we left a bed, a looking glass and frame, some curtains, an iron pot, some weights and scales, a pistol, two brushes, and a pair of trowsers—about six weeks afterwards, I went to the house for rent, and saw the prisoner—I got the rent from her—she was sitting in the back room, and could not find the key of the parlour, which I wanted to be opened, so I told her I should take my children to the Exhibition, and then return and look after my place—I went to the Exhibition, and when
I returned the house was on fire—the top room was burned—I missed a looking glass and frame, and the other articles before mentioned, worth altogether about 20l.—shortly afterwards I found that the prisoner was in custody—I have seen the articles since at a pawnbroker's—the prisoner had no authority whatever to sell or dispose of them.
Cross-examined by MR. PHILLIPS. Q. Did you leave the prisoner in charge of the house? A. Yes; I allowed her servant to sleep in my bed room—I went to service; my husband was with me—my husband is a baker, but is not in business—this was a private house—I did not stop five minutes in the house when I first went—the prisoner had asked me if I would allow her to use my parlour, and I said, "Yes," so I did not go into any of the rooms—on my oath I did not desire her to pledge or sell any of the articles—the prisoner was in charge at the time I missed the things—she had been taken in charge by the firemen—I know the prisoner's son; he has not given me any money—the prisoner did not pay her rent regularly; sometimes she paid it once a fortnight, sometimes once in three weeks, just according as she could—she was never more than three weeks in arrear—I did not leave town; I went to my sister's—I called on the prisoner two or three times, between May and July, for rent, but I only went into the back room.
WILLIAM CORBETT . I am a marine store dealer of Victoria-place, Deptford—I know the prisoner—I recollect her son, this little boy, bringing me an iron pot, a pistol, and two brushes—I gave him 2s. for them; it was about the beginning of July, three or four weeks before the fire; and the prisoner's daughter brought me a pair of copper scales, six plates, a work box, and a pair of trowsers; I gave 1s. 6d. for them, and afterwards gave them to police-sergeant Jackson.
Cross-examined. Q. How do you know that it was the son of the prisoner? A. He was brought there by a female, and I know him to come from the house; the other female lodger, Mrs. Castle, brought him to sell a few old shoes.
THOMAS LACEY . I am assistant to Mr. Delaney, a pawnbroker of Church-street, Rotherhithe—I produce a pair of bed curtains, pledged with a gown, by a female, on 16th July, for 3s. 6d.—I cannot tell whether it was the prisoner—this is the duplicate (produced); it is in the name of Castle.
THOMAS CARTER . I am assistant to Mr. Spunt, a pawnbroker of No. 80, Paradise-street, Rotherhithe. On 28th June, a bed was pledged there; I will not be positive, but I believe by the prisoner, in the name of Ann Russell, No. 10, Princes-street, Rotherhithe; I advanced 1l. on it—on 10th July, a swing glass was pledged in the name of Ann Russell, but I did not take it in—on 19th July, some oil cloth was pledged for 8s., in the name of Ann Russell, of West-lane; I believe by the prisoner—I have some of the things here, but the bed and the oil cloth were too heavy to bring—I recollect them being shown to somebody who came; I think it was Mrs. Hyden.
EDWARD MORGAN RUSSELL . I am the son of the prisoner. She gave me an iron pot, a pistol, and two brushes to take to Mr. Corbett, and ask him to let her have some money on them—I did so, and gave the money to my mother—I have a sister—I have not heard my mother give directions to her to take things to pledge.
—I saw the prisoner, and told her I should take her into custody by order of Mrs. Hyden, for stealing property from that house—she said she knew nothing about it—I took her to the station, and afterwards saw Mrs. Hyden—I went to Mr. Spunt's, the pawnbroker's, with Mrs. Hyden, and saw Thomas Carter—a bed was shown by Mr. Spunt's man to Mrs. Hyden—there was also a piece of floor cloth and a looking glass—I believe Mr. Spunt was present, but he did not actually produce the property.
Cross-examined. Q. When the prosecutrix saw these things, did she make any remark? A. She said they were her property, by some particular mark.
MARY HYDEN re-examined. This pistol, iron pot, brushes, and curtains, are our property, and were left in the house—I went with sergeant Jackson to Mr. Spunt's, the pawnbroker's—I saw the master of the shop—I looked at a bed, a piece of floor cloth, and a looking glass, which were my property.
GUILTY. of stealing the articles sold by the boy. Aged 41.—Recommended to mercy by the Jury, on account of the careless way in which the things were left,— Confined One Month.
Before Mr. Recorder.
MR. RIBTON conducted the Prosecution.
EMILY WAGHORN . I am single; I know the prisoner. I was present at Lewisham Church in Aug, 1847, when he was married to Eliza Mattison—I did not know her, but I was asked by a friend to be present—I have not seen her since till this morning.
Cross-examined by MR. DUNCAN. Q. Were you one of the bridesmaids? A. Yes; I cannot recollect the name of the gentleman who officiated; I do not know of my own knowledge whether he was a clergyman—I had a Prayer-book, and followed him in it—I cannot remember whether I followed him through the whole service, to see whether he did read it—a young man, named Joseph Pattison, gave the bride away—I do not know his age, or whether he was a relation of the bride.
MR. RIBTON. Q. After the marriage ceremony you signed the book? A. Yes.
THOMAS TAPPING (policeman, P 285). I produce a certificate of marriage, which I have compared with the book at Lewisham Church; it is a correct copy—(This being read, certified the marriage of Philip Beeson, bachelor, and Eliza Mattison, spinster, in the parish Church of Lewisham, by H. Legg, Vicar.)
RHODA BRAND . In 1849 and 1850, I was living in the service of Mr. Hendry, at Leyton, in Essex—the prisoner was living there as coachman, for about five months—he came, I believe, in 1849, and did not leave till 1850—he represented himself as a single man, and paid his addresses to me—I left Mr. Hendry's service in the spring of 1850, and went to reside with my father for some time at Tottenham—the prisoner still continued his attentions to me there—I made some shirts for him, and lent him a sovereign—he told me that he would pay me for making the shirts, and I fully expected that he would do so, but he did not—I remained with my father it may have been two months, and the prisoner ceased to visit me—I did not know where to find him after he had got the shirts—I then went into the service of a gentleman named Heath, at Tottenham, for about nine months, but I did not say anything about that to the prisoner—I did not know where to find him; I sent him a letter or two by a friend to be forwarded,
but never got any answer—I then went into the service of the Duchess of Cambridge, about Nov. 1850, as still room maid—I was there about twelve months before I saw the prisoner, he called on me about Christmas, 1851, at the Duchess's house, at Kew—that was the first I had seen of him since I had made the shirts for him and lent him the sovereign—I was out when he called—I came home about 10 o'clock, and he told me he had waited two hours; very little passed, as I would not stop to speak to him; I would not have anything to say to him—he made a great many protestations that he was not as he had been represented—I told him that it would be better that he should not come to see me, as there were rumours about that he had been married, and I thought it was since I had lost sight of him—he said it was very hard that I should believe other people instead of him; but this was not on the first interview—I think he only stopped five minutes, then he wanted me to go out with him, and I would not—he called again, it might be a month afterwards, and it was then that I said I had heard that he had been married—he said it was very hard that I should believe other people before him, and he could take his oath that he was not married, and that he never had been—I told him that that was enough, and I believed him—he asked me how I was getting on, and what wages I had; I told him I was having 14l. a year, and 12s. a week board wages—I do not think he asked me if I had any money—I had about 6l. or 8l. in the Bank—he continued to visit me after that, and we were married in 1852, at St. George the Martyr, Southwark, while I was with the Duchess of Cambridge; I had fourteen days' holiday—after our marriage we went down to Brighton—he said he wished me to remain in service three years as I was in a good situation, and that it would be better for us both—I told him I did not like to do that, and that it would be better if we had not married if he could not make a home—I went back to service and remained twelve months and a few days; he frequently came to see me, and wrote to me, but I destroyed the letters at his suggestion, as I received them—in Aug. 1853, I left the service of the Duchess, and lived with the prisoner; he took a beer shop at Coles-terrace, Barnsbury-row, Islington—I had told him that I found he was spending his money in dissipation, and it was quite time that he made a home, and I would not stop in service any longer—I had 25l. in the savings bank, at Tottenham—when I left service my father drew it out for me, and gave it to the prisoner, as I could not go to Tottenham—I believe there was 25l.11s. 6d., as there was interest—we remained at the beer shop about five months, and left because the business did not answer, and I went home to my friends again at the prisoner's suggestion; he wished me to go to service again and save as much money as I could, and then he said he would try to make another home—I went into the service of Mr. Griffiths, 28, King-street, Regent-street, and am living there now—I was there between four and five months before I found out where the prisoner was; and five or six weeks ago I heard that he was at Mr. Rice's, No. 12, Stockwell-common—I went there and saw the prisoner, he asked me how I was; I told him I wished to know why he had not answered the letters I had sent him, he told me that he did not mean to—I then asked him if he intended to allow me anything; he said, "No"—I then told him that I had heard rumours of his being married (I had heard of it since I had ceased to live with him)—I said that his conscience must tell him if it was true or not, and that if it was true, I was not his wife, but if it was not true, and I was his wife, he ought to support me in some way—he made no answer, and I told him that next day I should go to the
parish officers and claim relief; he said I might do my beat and my worst, he would not give me 1s., I was no wife of his, and as I had asked for it I had got it—I said I would not leave him till I had got the name of his first wife; he said her name was Eliza—I said, "That is not enough, I must know her other name"—he told me her other name, and I said I would not go away till he told me where he was married; he said I must go to Lewisham Church—I went there on the following Sunday, and got the certificate (produced)—I took it to the prisoner, he asked me to give it to him; I refused, and by the advice of my friends I gave him into custody.
Cross-examined. Q. Was it at Mr. Hendry's that you first knew the prisoner? A. Yes; he lives at Simmond's-corner, Lea Bridge-road—I left first—he had then been there four or five months—I did not hear rumours of his being married while I lived there—he had not said anything about it, but he came there as a single man—I left Mr. Hendry's, because the place did not suit me—I gave notice to leave, and I stopped three weeks to oblige them, because there was no other servant—I was housemaid—Mrs. Hendry did not cause me to leave on account of the improper behaviour between me and the prisoner, nor did one of the family—I solemnly swear I gave Mrs. Hendry a month's notice, and not being suited with a servant, she asked me to stop a little longer, and I stopped three weeks—Mrs. Hendry did ask me how I could keep company with such a man as that, for she thought that he certainly was not fit for me—I swear that she said that—on the day that I left the house I left the premises also—my boxes were taken to a person living in the lane; I do not exactly know the name of the place—they were not taken into the garden, to be forwarded to my friends—I did not sleep during that night with the prisoner in the loft; I swear that—I decline to answer the question whether the prisoner had criminal intercourse with me before our marriage—after I left Mr. Hendry's I went to live with Mrs. Heath, at Bruce-row, Tottenham, where I stopped about nine months—it was before I went there that I lent the prisoner 1l., and made him the shirts—it was while I was at home with my father, or while I was with Mr. Heath, that I first heard that the prisoner was married; and I told him so the second time he came to Kew—I heard it from a person named Williams, living at Walthamstow—I believe the prisoner had lived with Mr. Williams—I never visited him there—I had no one to make inquiries of whether he was married—MR. Williams said that he was out in the street with some girls, and that a man said, "How can he be such a fool as to be romping with those girls? He knows that he cannot marry them, as he has got a wife already"—I believe it was after I had made the shirts for him, and lent him the sovereign, that I heard that he was married; but I will not swear it—he came to me at the Duchess of Cambridge's of his own free will—I lived there about a year and three quarters after he first came there—he afterwards obtained a situation at Mr. Dawson's, the ship builder at Limehouse, and he wished me to obtain the situation of housemaid there—I applied for it, but did not obtain it—that was before I went to Mrs. Heath's, and a few weeks after I left Mr. Hendry's—it was after I was aware that the prisoner had gone there—I was at that time living with my parents at Tottenham—I was not aware that after he left Mr. Dawson's he went to Mr. Wittin's, at Sydenham—when I renewed my acquaintance with the prisoner at the Duchess's, he had paid me the sovereign, because my father had threatened to summon him in the County Court—I did not ask him for the money for the shirts—it was not my suggestion, after I was at the Duchess of Cambridge's, to get
married to the prisoner—he wished me to marry him, and afterwards he wished me to stop in service three years, which I refused—I stayed in service two years and eleven months, and he did the same, before we were married—he had saved about 17l. at the time he took the beer house, and I had saved 25l.—the 25l. and 17l. were put together to begin the beer house.
Q. Are you not aware that his first wife had left him years before, and gone away? A. I know nothing of the circumstances—I did not know that he had been married, and I did not believe that he had—had I known that he had been a married man, I should not have put up with his abusive obscene language so long as I did.
MR. RIBTON. Q. When you called upon him at Mr. Rice's, and he said that you were no wife of his, did you say, "You know the consequence"? A. Yes, and he told me that if I prosecuted him he would slander me—the words he used were, that he would say anything he could against me in Court; but I defied his threats—it was at his suggestion that I applied for the situation at Mr. Dawson's; he came down to my father's house, and asked me to go.
COURT. Q. You need not answer the question unless you like, but you were asked if you had connection with him before your marriage? A. I unfortunately had—I never had any knowledge of any other man.
MARY ANN AVERY . I am a cousin of the last witness; I have been lately married; my name was Brand. I was present when the last witness was married, in Aug., 1852, at St. George the Martyr, Southwark—I acted as bridesmaid—I saw the ceremony performed, and signed the book as a witness.
THOMAS TAPPING (policeman). I did not get this certificate, but I compared it with the register of marriages at St. George's Church, in the Borough—it is a correct copy—(read—St. George the Martyr, Southwark; Philip Beeson, bachelor, and Rhoda Brand, spinster, married, Aug. 4, 1852, after banns, by me, John James Rew, curate).
CHARTLES BRAND . I am the father of the prosecutrix, and live at Tottenham; I am a letter carrier. In 1852 there was from 20l. to 25l. of my daughter's in the savings bank—I drew it out for her, by her direction, about fifteen months after her marriage, and handed it over to the prisoner—they were then living at Barnsbury-road, Islington, but they had not gone into the beershop.
GUILTY .—(Mrs. Mattison, the mother of the prisoner's wife, stated that she had left the prisoner, after living with him two or three months, because of his abusive tongue, and that she had since had a child by another man.)— Confined Eighteen Months.
PLEADED GUILTY . Aged 26.—Recommended to mercy.— Confined Four Months.
PLEADED GUILTY . Aged 20.— Confined Twelve Months.
(The prisoner received a good character.)
FOREMAN PLEADED GUILTY .Aged 17.—Recommended to mercy.— Confined Six Months.
MESSRS. SLEIGH and LILLEY conducted the Prosecution.
BENJAMIN BRYAN (policeman, G 22). From information I received, on Tuesday, 22nd Aug., about 1 o'clock in the afternoon, I went to No. 13, Ealing-street, Long-lane, Bermondsey—Florio lives there—I was watching—before I went to the house I observed Foreman draw up to the house with a van belonging to Mr. Pyle—I was in private clothes, and was within about twenty or thirty yards of the house—MR. Pyle is a ginger beer manufacturer—I saw his name on the van—when the van stopped I observed Foreman go info Florio's house—he came out in a few minutes, and took a box, containing ginger beer bottles, out of the van—I afterwards saw a boy, who was with Foreman on the van, take in two other boxes—after the third box had been carried in, I went in, in company with another officer—I found Florio taking the bottles out of the boxes which had been taken into his house—Foreman was in there also—I told Foreman that he must consider himself in my custody, for stealing the boxes and bottles from his employer—he made no answer—I afterwards told Florio that he must consider himself in custody also, for receiving the same, well knowing them to be stolen—he made no answer at the time—I searched the premises, and found three other boxes belonging to Mr. Pyle, with the name defaced—the name had been branded on the boxes, but there were no remains of the name—I found them in the front room—one of them was full of bottles, containing ginger beer, and the others were empty—Florio said they were his own boxes—a wooden tray was there also, which he said was his own make—I found about twelve gross of ginger beer bottles—MR. Pyle said, in the prisoner's presence, that he believed all the boxes to be his, and likewise the bottles, from the system of robbery which had been carried out—Florio said, I will give you half of the bottles, and the boxes you have got, if you will not charge us"—we were then taking the boxes out at the door—I have here a printed bill which was posted on the shutters—I also saw this card in the front room—(read—"Foreman and Co., from R. Pyle's, improved ginger beer makers, 1d. and 2d. per bottle; manufactory, No. 3, Parrot's-buildings, Willow-walk.")—I afterwards examined the van, and found that it contained eight dozen of ginger beer—I took the prisoners into custody, and took them to the station—I had sent for Mr. Pyle, and he came to the shop about an hour after I got there—he gave them into custody.
RICHARD PYLE . I am a ginger beer maker, at No. 12, Willow-walk, Shoreditch. Foreman was in my employ at this time; Florio had been in toy employ about eighteen months before—from information I received on 22nd Aug., I went to Florio's house, in Ealing-place, Bermondsey, about 2 o'clock—I found two policemen there, and the two prisoners—I saw three boxes there, with the name cut out of them; they are here—the name was on each side—I made the boxes myself, and put my name on both sides with a branding iron—I have the pattern here by which I used to cut out the holes (producing it)—it exactly fits—a carpenter, who used to work for me, made this pattern two years ago, and left it behind, and I have made use of it ever since—I saw a tray, and some ginger beer bottles—bottles are things that we cannot swear to, when they get out of our sight—I firmly believe they are mine, they are the same kind of bottles—I have missed a great quantity; it has cost me 205l. for bottles this
season, and it has no business to cost me so much—my bottles have no peculiar mark—the maker's name, "Vaughan," is on a great many of them—he is the maker I have my bottles from, and that name was on a great many of the bottles I saw at Florio's house—I missed about 30l. worth of bottles in three or four weeks—Florio is not a customer of mine; I was not aware that he carried on business on his own account after he went over the water—he was on this side of the water—Foreman left me for a week, and they went partners together; then he came and asked me to take him back, which I did, because it was very inconvenient; I did not know half my customers—Florio then went over the water, and it seems they have been carrying on business with my van and my bottles—Foreman had no authority to take any of my boxes or bottles.
FLORIO— GYUILTY . Aged 23.— Confined Nine Months.
JOB FITKINS , I sometimes work at Messrs. Pontifex's, the coppersmiths, in St. Martin's-lane. On 28th Aug. I was out—I was tipsy, and I do not remember anything after I was in the Borough-market—that was about 3 or 4 o'clock in the afternoon—I had a tobacco box; this (produced) is it, I have had it two years—I remember having it in the Borough-market about 3 o'clock—I was not perfectly sober at that time, but I had my recollection then; I was sober in the fore part of the day—I have no recollection of seeing the prisoner, or of anything that happened to me after 3 or 4 o'clock.
WALTER WILLIAM . I am a basket maker, in White-street, Southwark. I was in Kent-street between 11 and 12 o'clock at night, on 28th Aug.—I heard a female voice, and went across the road to the place it came from—I saw the prosecutor lying down in the gutter, and the prisoner leaning over him; she appeared to me to be rifling his pockets, from what I saw when crossing the road—I did not see her take anything out; it was rather dark at the place—she got up from him and commenced kicking him, and kicked him in the face—I called her a faggot, and told her she ought to be ashamed of herself, and I should take her up—I took hold of her, and pulled her away from him—she broke from me, got to his back, and began kicking him again—I secured her, and when the constable came up I gave her into custody—she might have been drinking, but she knew what she was doing—the witness Bryant was standing close by at the time.
JOHN BRYANT . I am a tanner, and live in Kent-street. Between 11 and 12 o'clock on the night of 28th Aug, I was in Kent-street, standing at my own door—I saw the prisoner and prosecutor coming along—just as she came up to the door, she took and shoved him down into the gutter—he could not stand—it did not require much to shove him down—when he was down she leant over him, and put her hand into his left hand pocket—I do not know whether she got anything—she then turned to his right hand waistcoat pocket, and when she took her hand out, I heard some money drop on to the stones—she did not say anything at the time—after she took the money, she kicked him twice over the forehead—she then turned round to his back, and kicked him twice in the back, using disgraceful language—she said that he was the man that took her away from her home and seduced her—MR. Williams came up, and the prisoner was given into custody.
the night of 28th Aug., and received the prisoner in charge—as I was taking her to the station, she dropped the tobacco box from her right hand—I took 3s. 10d. out of her left hand at the time I took her—she had been drinking a little, but not much.
Prisoner's Defence. He came and asked me if I would have anything to drink; I said I did not mind; he took me into several houses, and he took me to a house, and gave me 3s. 6d.; 4d. I had in my possession; I was the worse for liquor, and so was he; he fell down against the door; I never saw the man before; he gave me the tobacco box to take a pinch of snuff out of it, and being so intoxicated, I forgot to return it.
GUILTY . Aged 23.—Recommended to mercy by the Jury.— Confined Four Months.
Before Mr. Justice Erle.
MR. RIBTON conducted the Prosecution.
ANN EVANS . I live with my father and mother, at No. 3, Old Justice-court, Harrow-street. I know the prisoner—I lived near her—on Monday, 4th Sept., I was at her house from morning till night—I saw her with the child in the evening—she went out of the room, taking the child with her into the back kitchen, about 10 o'clock—in a few minutes her husband told me to go and see where she was—I went, and found her in the back kitchen, and the baby lying on the stones—it was dressed—I said to her, "Pray, Mrs. Harrington, pick the baby up; it will catch cold and die"—she said, "No; let it lay and die, and I will be hung for it"—I did not offer to pick the child up—I went back, and told her husband—she came after me in a few minutes, carrying the child with its head under her arm, and her hand under its feet—I left at 12 o'clock that night, and went again next morning about 8 o'clock; the prisoner was then sitting on a chair with the baby in her lap, in her own room—they have but one room—I did not say anything to her—she went out of the room a little while after I went in; her husband's brother and two young children were in the room—after she had left, we all went to breakfast, and she returned after breakfast—she had been out nearly an hour; she was carrying the baby in her arms, and it looked very black in the face—she said to her husband, "I have done it, I have done it!"—he said, "What have you done to the baby?"—she said nothing to that—he said, "Let me take it to the doctor"—she said, "No, I won't; I will take it myself," and she went out with the child—I saw her afterwards when she came back, in about half an hour—she was then sitting in Mrs. White's room, and had the baby in her lap—I went out on an errand, and when I came back she was in her own room with the baby in her arms—MR. Harrington's aunt and sister, and another old lady, came, and then she got up and went away with them—I saw the child about 11 o'clock, lying on the bed, it was then very black in the face.
Cross-examined by MR. DUNCAN. Q. How old are you? A. Fourteen next month—when the prisoner came in and said, "I have done it, I have done it!" she appeared to be distracted and in great agony of mind; she was not crying—she had only been out of the room a few minutes on the Monday, when I went and found the baby lying on the stones in the back kitchen, the water closet is near there, when she said, "Let it be there and die, and I shall be hung for it;" she seemed wild, and out of her usual
senses—I had known her from the day she was confined, the Sunday—the child was about a fortnight old—she was always a kind good mother to the children, and she seemed to love this baby very much—she was always kind to the two other children, when I was there—I heard her say that she had made a mistake, and given the baby some laudanum that she had got for herself—I was there all the time she was confined—the aunt went away on the Sunday at dinner time, and I was there till the day it happened—I was working there from the time the child was born, and then I went away and my sister went—the prisoner was washing, within a week of her confinement—the children seemed very fond of her.
MARY WHITE . I occupy the first floor front room, at No. 5, Harrow-street, in the Mint, the same house as the prisoner; she lived in the back room. On Tuesday, 5th Sept., while I was at breakfast, the prisoner came into my room—she had the baby with her—she was very dejected, she said she was very poorly—I asked what was the matter—she said that she had been up all night, owing to her husband's brother sleeping there all night—I gave her some tea and bread and butter, that seemed to revive her, she seemed better after it—she stayed about twenty minutes, and then left the room—she said she was going to the doctor's somewhere, she did not know where—she returned in an hour and a quarter afterwards, and came into my room—she appeared much more distracted, and worse than when she came in first, and the baby appeared quite different—I said, "Mrs. Harrington, what is the matter with the baby?"—she said, "I have given it laudanum "—I said, "How much have you given it"—she said, "Half a tea spoonful"—I said, "That is too much for a baby, how many drops were there?" she said, "Three or four"—I saw that the baby became worse and worse, and I said, "We had better take it to the doctor "—she said, "Yes, do "—a friend of Mrs. Harrington's was there, and we took it to Mr. Rendle—it was not dead then, it died on Thursday morning.
Cross-examined. Q. How long have you known the prisoner? A. About eleven weeks—I have a family of my own—the prisoner has two other children—she has always behaved in the most affectionate manner to them, like a good mother—she treated this infant very kindly indeed, as much so as any mother could wish—I have never seen anything about her to lead me to suppose that she was of an unkind temper to her children or anybody else—she was washing, five days after her confinement—it is very dangerous to get about so soon as that—she seemed very wild when she came into my room on this Tuesday morning—that was seventeen days after her confinement—she suckled this child—it would not take the milk for the first week—when the infant does not take its milk properly, it very often flies to the head of the mother; it did in this case—from the time of her confinement till this happened, I do not think she was in her right senses—when she had taken some tea, and a little bread and butter in my room, she said she was going to the doctor's with the child—I do not think it had taken any laudanum at that time; it seemed perfectly healthy—it was a very small baby, but very healthy in appearance and manner—when she came into the room again she said, "I have done it!" and she came in like a wild person, like a person bewildered, not in her right senses—I said, "What have you done?" and then she told me—I really do not think she was in her senses—I do not believe that mothers accustom themselves to give laudanum to their children, unless a medical man mixes it for them—the prisoner appeared wild and strange in her manner ever since she got up to the washing, not like a domesticated mother or wife, not like she was before—
she seemed to neglect her household affairs altogether—she would come and stand and look at us, as though she had quite forgotten herself altogether—since her confinement I have seen a marked change in her manner.
Cross-examined. Q. I suppose you have known her the same time as your wife? A. Yes—she has been a kind mother to her children—since her confinement her manner has been very wild and strange, and she did not take that pride and care about herself and her children that she did before—when she came into the room and said, "I have done it," she seemed to be in a very low state, like a woman deranged.
JOSHUA GOLDEN (policeman, M 7). On Tuesday, 5th Sept., between 12 and 1 o'clock, I went to No. 5, Harrow-street, Mint, and saw the prisoner there—there were three or four other women in the room—I saw a child lying on the bed, apparently dead—I asked the prisoner what was the matter with the child, what she had been giving it—she said, "I have made a mistake, I have given her a bottle that I had for myself"—I asked her what it was—she said laudanum, that she had for herself in her confinement—I took her into custody, and took her to the station—I afterwards took the child to the workhouse—in carrying it there it moved in my arms—I left it in the infirmary—on the Thursday after, I heard the prisoner make a statement in the jailor's room—her husband was there with an attorney's clerk—he said to her, "This is the man that I have employed to defend you; tell him the truth, how you got this laudanum?"—she said she had purchased 1d.-worth on the Tuesday morning previous, at a chemist's shop, at the corner of Lant-street.
WILLIAM RENDLE . I am a surgeon, living at No. 33, Bridge-house-place, Newington-causeway. On Tuesday, 5th Sept, a child was brought to my house to be examined—it was a male child, about a fortnight old—it appeared to be thoroughly narcotised, and nearly dead—I administered some medicine—the prisoner was not there—I sent the child home after giving it some medicine, and then followed—I saw the prisoner, and said to her, "I fear, Mrs. Harrington, you have poisoned this child "—she said, "I hope not"—I said, "What have you given it; have you given it laudanum?"—she said, "I don't know"—I said, "Where is the bottle that you gave it out of?"—she began to look for it—a bottle was given me, and she identified it as the bottle—I said, "There is no laudanum in this bottle"—she said it had had some wine in it since; which was the fact—the child did not appear to revive, and it was taken to the workhouse—my assistant attended it that evening, and I attended till the death—it died early on the Thursday morning—I made a post mortem examination by order of the Coroner—the external condition of the child was in no way injured—all the organs of the body, except the brain, were thoroughly healthy—the brain itself was congested, and the membranes covering it were full of blood—the centre and base of the brain also had a very large quantity of serous fluid—connecting those appearances with the symptoms I saw during life, I have no doubt the child died from the effects of a narcotic poison—I should say that that appearance of the brain is common in infants who die from apoplexy, or some disease connected with teething; but tracing it from the beginning to the end, I should say in this case it was the result of a narcotic poison—there was nothing in the brain itself to induce me to suppose that a narcotic poison had been used—I could not detect any by analysis, nor any in the stomach by analysis—the effect of a narcotic poison
is to produce an extra fulness of the blood vessels of the brain, and that causes the watery part of the blood to escape from those vessels; they can hold it no longer—I did find those appearances—I found no poison at all in the stomach—the child might have died from the effects of a narcotic poison, and yet no traces of it be discovered in the stomach—there was a period of forty-eight hours between the administration and the death, and it would most likely have been absorbed into the system—I have administered laudanum to children of that age, but I never ventured beyond the tenth part of a drop—I think a drop might be fatal; it has been fatal—I have been very often obliged to leave off giving it to children when I have given only one-tenth part of a drop, on account of untoward circumstances; that is, they appeared stupified.
Cross-examined. Q. The appearance of the brain was very much like what it would be in serous apoplexy? A. Exactly the same—the serum had been extravasated from the blood vessels, and was collected in the centre of the brain—that is exactly the appearance of sanguineous apoplexy—if I had known nothing of the circumstances of the case, I should have said the child had died from sanguineous apoplexy—children are very subject to convulsions, proceeding from bad milk, or anything of that sort—in such a case, I should quite expect to find the appearances I have mentioned, but the order of circumstances previously would be different—a child would be convulsed before it became stupified, here it was stupified first—I saw the child when it made in my surgery what appeared to me to be the last gasp, and I did not expect to hear any more of it; that was on Tuesday, but it did survive till the Thursday—within a second after I looked at the child, it ceased to breathe—I looked at it for several seconds more, and there was no sign of breath at all—I dipped my finger into a little ammonia, that being a powerful stimulant, and applied it to the mouth two or three times, and there was not the slightest sign of life—I then supposed it to be dead, and directed it to be taken home—it was not rigid—I followed the child with my assistant; it was still in the same condition, in a state of perfect coma—I put my ear and my face close to the child, but did not perceive the least sensation of anything like breath—I did not try a glass—I applied the ammonia simply to detect whether life was present, and to excite it if there was the least effort at recovery—it could not swallow—if I had given it anything, I should have destroyed the last remnant of life; it would have remained in the throat—I administered medicine, wine, and various stimulants, but no emetic—it vomited without—an emetic would only unnecessarily disturb—it did not vomit until all the laudanum, I believe, had been absorbed into the system, and produced these narcotised effects.
MR. RIBTON. Q. From the symptoms the child exhibited before death, in connection with the appearances presented afterwards, do you think that it did die from sanguineous apoplexy? A. I have no doubt it did, the effects of a narcotic poison—I can also speak to the condition of the mother.
MR. DUNCAN. Q. What was her condition? A. When I addressed her, I considered she was not insane, but stupid, quite stolid, and indifferent, like a person that had taken opium herself—the child was a tolerably healthy child.
MR. DUNCAN called the following witnesses for the Defence.
ELIZA MORFITT . I am married, and am a nurse in the children's ward of St. George's workhouse. I remember the prisoner's child being brought into my ward, between 1 and 2 o'clock, on the day in question—it appeared ill, but nothing to signify, not particularly ill—I had it in my charge until its
death—MR. Davis, Dr. Evans's assistant, came to see it, and about half an hour afterwards Dr. Evans himself came—there was no alteration in the child from the time it was brought in till Dr. Evans saw it—it did not get any worse—it took some warm milk, which Dr. Evans ordered, and swallowed it—I gave it with a spoon out of a tea cup—it took three tea spoonsful—so far as I saw, it could swallow very well—it had seven warm baths at various times in the course of the day, from the time it was brought in till 7 o'clock at night—that was by the surgeon's orders—it appeared to get better on Wednesday morning—I have a child of my own—I suckled the deceased child on the Wednesday morning—it took the milk from me, and swallowed it—I have been nine months in the ward of the workhouse, and have had considerable experience of children and infants—I do not mean to say that the child sucked as though it was in full health, but it sucked from me, and enjoyed what it did suck, although it did not suck so strong as a child that was well—it sucked from me twice in that day, and I gave it arrow root and milk as well—it seemed to revive from about 12 o'clock on Wednesday till about 12 o'clock on Thursday morning; it got better—about 12 o'clock on Thursday morning it got rather poorly—it appeared to get faint and low—I gave it some sherry wine, and it took it—I warmed it, and put it into bed—it died about 5 o'clock on Thursday evening—it did not seem to recover after putting it to bed—it had two convulsive fits, one about 4 o'clock, and one about a quarter to 5 o'clock—it turned black and blue round the mouth, and clenched its hands—I have seen many children die in that way—I lost one of my own—it is a common way in which they do die in convulsions—I saw no difference in this child's death and that of any other child about the same age in convulsions.
EDWARD EVANS . I live at Stone's-end, Borough; I have been thirty-three years in practice, in London, as a surgeon and apothecary, and belong to the College of Surgeons. I saw this child on the Tuesday—I am medical officer belonging to the workhouse of St. George's in the East, and have been so for twenty-three years—I saw the child first a little after 2 o'clock—it appeared to be a very weakly and delicate child naturally.
Q. Was there any particular difference in the appearance of this child to the appearance of very many others that you have seen in your practice? A. If I had not been told that something had been given to the child, I should not have imagined from what I saw, that there was any difference; not from any symptoms or appearances that I saw connected with the child—I have about eighty or ninety children under my care every day—I could not at that time detect any appearance or symptom of laudanum, or any opiate—I ordered a warm bath, and proper medicine and food; my nephew assists me at the workhouse—he attended in the interim between my visits; in consequence of the report that was given I was very anxious that every attention should be paid to the infant, and he attended in my absence—I saw it again about 10 o'clock at night, it then appeared to be very much unproved and better—I saw it again about 11 o'clock next morning—very much to my surprise, the child looked exceedingly improved; it was looking about, and seemed very cheerful, it took the breast from the nurse, and also some milk food as well, I really thought that it was getting quite well—I did not at that time see any symptoms of laudanum, I could not trace any—I saw it again the same evening, about 8 or 9 o'clock; it appeared in the same state, but still better—I did not see it any more before it died—I saw it after death—I did not see the post mortem examination—I have no question that the child died of convulsive fits; that was the immediate cause of
death—if I had not been told that something had been given to the child, I should have said that it died as I have seen hundreds die before.
COURT. Q. Supposing that the child had had a dose which had a narcotic effect upon it, on the Tuesday, do you believe that it had entirely recovered from that, and that it died from convulsions unconnected with that? A. I believe it had recovered from that if it bad taken it, and then these convulsions supervened.
NOT GUILTY .
ADJOURNED TO MONDAY, OCT. 23RD,1854.