CENTRAL CRIMINAL COURT.
SIDNEY, MAYOR TWELFTH 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, October 23rd, 1854.
Before Mr. Recorder and the First Jury.
PLEADED GUILTY . Aged 24.— Confined Twelve Months.
PLEADED GUILTY . Aged 54.— Confined Eight Months.
PLEADED GUILTY . Aged 18.— Confined Four Months.
MR. COOPER conducted the Prosecution.
JAMES ELDER . I am a carpenter, and live at Arlington. In Jan. last I was at work at Dawley Fields, in the parish of Arlington—the prisoner was in the same field, at work—he is a labourer, I believe—I left my tools on a bench in one of the cottages that we were building—we were building twelve cottages—I had a plane and a hammer amongst my tools—I missed them the same day—on 4th Aug. I went to a stable used by the prisoner, and found the tools there—the prisoner's initials were then upon them, but I knew them to be my tools—his initials were cut in them, and burnt in
with an iron—these are the tools (produced)—I made this plane myself, and this hammer I put the handle to myself—I am quite certain it is mine—the prisoner was in the field where I found them—I asked him if he knew anything of them—that was after I had found them—he said he knew of them; he found them outside—I said he had better fetch back all the tools that he took away from the place, and next morning he brought back a saw and three chisels—the saw belongs to Gibbs.
Cross-examined by MR. PAYNE. Q. You went away to dinner one day in Jan., and when you came back you did not find your tools? A. No; I did not make any inquiry about them—when I found them, the landlord of the house where the prisoner lived was with me—the prisoner was not there—the landlord found them—it was after the prisoner had told me he found them outside, that I told him he had better bring back the rest of the tools, and he did next morning—that was in Aug.—he was taken into custody last Sunday week—I have got back part of the tools I lost—I have not got a square and several chisels—I had no initials of my own upon the tools—the prisoner was working in the field at the time I missed the tools, and has been working there up to 4th Aug.—I went to his lodging, because, in passing there one day, I saw some wood that I suspected belonged to the field, and I thought probably my tools might be there too.
MR. COOPER. Q. I believe you were foreman of the works? A. I was.
COURT. Q. Why was the prisoner not taken up sooner? A. He absconded on 5th Aug.
WILLIAM HOWES . I am a carpenter. I was engaged at this work—I had a plane and other tools there—I missed them—the plane was afterwards brought to me by Elder—I know it to be mine—my name is stamped upon it—it has been attempted to be scratched out, and the initials "J. J." are put on the place: but the name is still here—I am quite sure it is my plane.
Cross-examined. Q. Have you received any money for any of your tools? A. I have had 11s. from the prisoner's lather; that is five or six Weeks ago—the father came to me.
COURT. Q. Was that before the tools were found? A. No, a long time after—I took the money, because I was not aware of the consequences until I was told by the Magistrate—I lost as much as 2l. worth of tools at least.
WILLIAM GIBBS . I am a wheelwright I was working with the other witnesses—I left a saw in the tool house one night in Jan., and missed it in the morning—Brown afterwards showed it to me—it was the one I had missed.
THOMAS BROWN (policeman, T 229). I received the tools produced from Elder—on 5th Aug. I went in search of the prisoner"—I saw him, and on his seeing me he ran away—I ran after him for a mile, and then lost him.
WILLIAM BEECHEY (policeman, T 29). On Sunday, 14th Oct., I apprehended the prisoner, at Cranford—I had been looking for him before, but could not find him—I told him I had been looking for him; that I had a charge against him, for stealing some carpenters' tools, and a saw belonging to Mr. Gibbs—he said he was very glad he was taken; he hoped he should not get much punishment—at the station he said all the tools he had he had taken—he did not say he had found them outside the place—he said several times at the station that he hoped he should not get much punishment—I told him the charge a second time at the station, and he said all the tools he had taken—he did not say what tools they were—his words were, "All the tools I had, I taken."
Cross-examined. Q. Did you. write down what he said? A. No; he said this without my saying anything to him—no one else was present.
GUILTY .—Recommended to mercy by the Jury.— Confined Three Months.
NEW COURT.—Monday, October 23rd, 1854.
PRESENT—Mr. Ald. HUNTER; Mr. Ald. ROSE; and Mr. COMMON
Before Mr. Common Serjeant and the Fifth Jury.
MR. HORNE conducted the Prosecution.
JEREMIAH KINGHT . I am out of business; I lend money. In Jan., 1849, I was lending money, under the name of the Atlas Loan Company—an application was made to me for a loan—I say not got it here—I have lost it—the form was of the usual description.
COURT. Q. Have you looked for, it where you usually kept it? A. Yes—I cannot find it—I do not think. I have seen, it the last four years.
Cross-examined by MR. SLEIGH. Q. Are we to understand that you ever did see it? A. On my oath, I have seen it.
MR. HORNE. Q., What did it state? A. It was a formal application for a loan; it was filled up, by one Stevens and Henry Lake—this bill, was made some few days after the form came in—on the, form Mr. Lake was represented as being a resident in the house, No. 9, Shaftsbury-crescent, for nine months—that was on the form—it was brought to me by a person who gave the name of Stevens—I afterwards went to the direction that was written on the form, No. 9, Shaftsbury-crescent, Pimlico—I there saw the prisoner—I had the form of application, with me at that time—I believe I showed it to him—I read the address I am certain, before I went into the house—I do not know that I showed it to the prisoner—I asked him if he had given his, word to become security for one Stevens—he stated that he had; for he had known Mr. Stevens lot a number of years, and he was a very industrious man, and he was poor, and he was disposed to serve him—I stated that I was very sorry it was a wet day, and, he said he could get the bus, and get near to my office—I then left—I afterwards saw him at my office, in about four hours after I had been at his house—I took this stamped bill and placed it before John Stevens and Henry Lake—they were both there—they both signed it—the prisoner signed the name of Henry Lake, and I gave them 4l. 17s. 6d.—I cannot, exactly say who I gave the money to—they were both together when it was given—at the time I saw the prisoner at Shaftsbury-crescent, he said he had resided there nine months, and, also, it was stated on the form—he represented himself to be either a surgical instrument maker, or an engraver, but he had retired from business—I went to the house, No. 9, Shaftsbury-crescent about a fortnight afterwards; One of the instalments was then due—I applied for the instalment—I did not find the defendant there; he was gone, and I got a very bad account of his character; I never, got paid a farthing—I have never been paid by him, or by Stevens—I endeavoured to find Stevens, but I have not been able to see him since Jan., 1849—my motive for advancing this money was, I believed the prisoner's representation that he was a respectable man, and had resided there nine months—I certainly should not nave advanced the money if I
had not believed that representation to be true—I think I saw the prisoner again about three weeks after this transaction; I met him in Compton-street, as I was walking with a gentleman.
Cross-examined. Q. You, saw him here last Sessions, when he was acquitted? A. Yes; but I had seen him previous to that—I was not present when you defended him, and the Jury would not allow you to address them—I was out of Court—I should not have lent the money if it had not been for these statements—I certainty would not, if he had not given me this promissory note—I took this as security for the loan—the statements made by the prisoner were before this note was executed—when I went to the prisoner, he said he was an engraver—I am positive of that—since he was acquitted, two persons became bail for him; I did not call on them, and advise them not to become bail for him—on my oath, I never said anything of the kind—I had notice that those two persons were willing to become bail for him, and I called on them at their houses—I saw them, and the result has been that the man has been kept in gaol ever since—I had never seen the defendant previous to some person coming to my office about this loan.
MR. HORNE. Q. "Would you have advanced the money on the security of this note, if. you had not believed those representations to be true? A. Certainly not—I have seen the prisoner about five times—I made two applications to him for the money.
RIXWORTHY. I am clerk to Messrs. Scott and Company, solicitors. I let the house, No. 9, Shaftesbury-crescent, in Dec., 1848, to the prisoner; under the name of Henry Lake—I did not receive any rent from him for that house—I let it on an agreement—about 28th March, 1849, we received a note, enclosing the key of the house—I went to the house, and found the prisoner was gone—we never received any rent—before it was occupied by him, in Dec., 1848, it had been empty for about six months—the prisoner represented himself to be a retired innkeeper.
WILLIAM CHILD . I am agent to the Trade Protection Society. I have known the prisoner about eight or nine years; he was carrying on the business of a carpenter—I believe he was so in 1849—his name is William Bennett—he has been generally known by the name of Bannister, or Bennett.
Cross-examined. Q. You never knew him by the name of Lake? A. No; I have been agent to the Trade Protection Society, off land on, for sixteen or eighteen years—I was twenty-two years a City officer; I left it two years ago—I resigned it—I was not a policeman; I was beadle of Trinity-square—I was sworn in by the Lord Mayor's Court—I will, swear that I resigned, and left of my own free will; there was no complaint or charge made against me—I was not told that I must resign—there never was a charge made against me—it was not intimated to me that a certain charge would be made against me if I did not resign—I have a certificate of my resigning from Mr. Teague, the Chairman of Trustees, to whom I belonged—I am not a regularly paid servant of the Trades' Protection Society.
GUILTY . Aged 47.— Confined four Months.
PLEADED GUILTY . Aged 19.—Recommended to mercy.— Confined one Month.
PLEADED GUILTY . Aged 64.— Confined Two Months.
PLEADED GUILTY.** Aged 25.— Four Years' Penal Servitude.
PLEADED GUILTY . Aged 32.— Confined Three Months.
PLEADED GUILTY . Aged 19.— Confined Six Months.
PLEADED GUILTY . Aged 38.— Confined Six Months.
1080. PATSEY BOLIN, alias Henry Osborn , MICHAEL RUSH, alias Pen and ink , and HENRY SHORT , stealing 1 wooden box, 92 printed books, and other goods, value 14l. 6d.; the goods of Hugh Shearer, in the dwelling house of Francis Bennett Golding.
MR. PAYNE conducted the prosecution.
WILLIAM CHASZEY LEE . I am barman at the three Castles public house, St. Andrew's-hill. On 14th Sept. I saw the three prisoners together at our house, and three more with them—there were five or six altogether—I served them with several pots of porter—I saw them from 2 till 4 o'clock—I do not think I saw them afterwards—that is about 200 yards from St. Paul's Churchyard—some time after they were gone, I heard a noise outside the door, and I saw the policeman had hold of Osborn, and Pen and Ink—I am sure they were two of the three that had been in our public house.
Cross-examined by MR. PEARCE. Q. How many were there? A. Five or six; it might be seven persons—I supplied beer to the party—they were sitting in the bar in my sight all the time—I cannot recollect whether Short paid for any beer—I do not know a man named Pettit—I do not recollect whether it was later than four o'clock when they left—they were there about two hours—I saw them about two o'clock—I did not see Short go—I do not recollect seeing him after 4 o'clock.
MILICENT RUTTER . I am the wife of John Rutter; he sweeps chimneys. I live at No. 7, New-street, opposite the City Coal Kitchen—it is near St. Paul's—on 14th Sept. I saw the three prisoners and another man—they were all four sitting on the steps of the City Coal Kitchen, in new street—I heard Pen and Ink say, "I will not have anything to do with it;" and Osborn said to him, "Come on, now is the time; it will be all right"—that was about ten minutes or a quarter of an hour before the robbery—Osborn said, "Come on, now is the time; it will be all right;" and Pen and Ink again said he would have nothing to do with it—it was then from half past 4 to a quarter to 5 o'clock—Pen and Ink got up and came under my window, and while he was there, Short came to him and said, "come on, don't make a b—y fool of yourself, or we won't count you one of us"—they then all four went down the street, towards the Castles—they went together
—I heard a cry of "Police!" on St. Andrew's-hill, about ten minutes or a quarter of an hour after I had seen them.
Cross-examined. Q. Where were you when you saw there men sitting on the steps? A. At my own window washing—I am quite certain Short was one of them—it was from half past 4 to a quarter to 5 o'clock—I have a clock—I do not speak from looking at the clock—I speak from tea time—we have tea about five o'clock—my husband leaves work according as his work lays—it is a frequent occurrence for men to be sitting on those steps—I noticed these men, because pen and Ink was sitting as if he was a person in liquor—he was leaning his hands on his knees, and said he would not have anything to do with it—Pen and Ink got up and came down the street, but he stopped under my window, and Short followed him over, and said, "Don't make a b—y fool of yourself"—on my solemn oath it was not after 5 o'clock before this observation was made—I was married to John Rutter last Whit Monday; I had lived with him very nearly twelve years before—I could not marry him before, because my husband was living—as soon as I could I married him.
MR. PAYNE. Q. Why did you leave your first husband? A. Because he was a bad man, and when he was dead, I married my present husband.
JAMES RATCLIFF (City policeman, 375). On 14th Sept., about 10 minutes to 5 o'clock, I was in St. Paul's-churchyard, in front of Mr. Gold-ney's, a lace manufacturer—I saw the three prisoners; I had never seen them before—pen and Ink and short were lifting a box on Bolin's head—I saw the box come out of Mr. Goldney's—the door is open the whole day—I saw the box come there—Short saw me, and he ran off in the direction of Watling-street—Bolin and Pen and Ink went in the direction of Ludgate-street—I rang the bell, and I followed the two, and overtook them in St. Andrew's-hill, at the corner of Ireland-yard—Bolin was carrying the box, and Pen and Ink was by his side—I took hold of them both, and we had a great struggle—in the struggle, this knife was dropped—I examined the box at the station; there were ninety-two books in it, a dressing case, a writing case, and various papers—I have no doubt about the prisoners being the three persons—when Short was taken, I knew him as one of the persons.
Cross-examined. Q. Mr. Goldney's is a little way in St. Paul's-church-yard: A. Yes; No.4—I was right front of Mr. Goldney's, when I saw these man lifting the box on Bolin—I was looking at them about a minute.
Rush. Q. You stated that I lifted the box up, but you did not see Short? A. You and Short lifted the box on Bolin's back—I did not see you go into the house—you were all three in the passage—I was standing in front of the house.
WILLIAM LLOYD . I am a mason, and live at St. Andrew's-hill. On 14th Sept., I saw a crowd running down the hill—I saw the last witness; he had hold of the two prisoners; they were standing, and Bolin made a blow at the policeman—he called for assistance; I went and laid hold of Bolin—he made a blow at me and a kick—I laid him on his back—he made a second blow at me; I seized him, and held him till another policeman came.
ROBERT JUBY . I am a printer. I saw Bolin coming down St. Andrew's-hill—he had a box, and Pen and Ink was walking behind him—a policeman came up within a second, and when he came, a desperate struggle ensured; the box was thrown down, and policeman charged me to
assist—I laid hold of pen and ink, and kept him about ten minutes, and another policeman came.
Rush. Q. How dose was I to this man? A. As close as I am to this rail—you were close, to be ready to hold the box up if you were wanted—I had a friend with me, and I said, "The other one is more able to carry it than he is"—I had no sooner said the words than the policeman came up.
PORTER WILLIAM DONNAWAY (policeman, H 129). I took Short into custody on 16th Sept., about 8 o'clock—I found him at a fire in Old-street—I had received information from Ratcliff, and I told Short I wanted him for being concerned with two others in stealing a boy of books out of St. Paul's-churchyard—he said, "All right, Donnaway, your kid is very good," and in going to the station he said, "Believe me if I was to rights I Would have a rouse for it, but I suppose it is no use, as there are two of you—in coming to the court he said he was taken for another man; he was there, but he had nothing to do with stealing the box.
Cross-examined. Q. Were not these the words, "I was with them, but not at the time the robbery was committed?" A. He said, "I was there, hot I had nothing to do with "Stealing the box"—I really would hot be positive whether he said, "I was with them, but not at the time the robbery was committed"—I believe the words were, "I was there, but I had nothing to do with steeling the box"—the word kid is often made use of by a number of persons—I took Short to Bow-lane, and then to fleet-street station—Ratcliff came to there—I do not recollect whether I said anything, but I believe he said, "That is the man"—I did not say, "I have got a man for you"—I believe Mr. Ratcliff said, "That is him"—he had ascertained that this man was brought is on a charge of stealing this box.
MR. PAYNE. Q. Did any one tell Ratcliff that this was the man who stole the box? A. Not in for hearing.
HUGH SHEARER . I lire at Mr. Francis Bennett Goldney's in St. paul's Churchyard, in the parish of St. Gregory, by St. paul's—I have seen this box, and books; and other things; they are mine—on 124th Sept., this box was under the staircase, which leads up to the warehouse, at Mr. Goldney's; it contained my private writing desk; and books, and paper; the value of it was from 15l. to 20l.—Mr. Philip Goldney lives in that house; he is traveller to the other Mr. Goldney—my box was locked, and a cord tied round it—I know these books are mine.
MR. PEARCE called
JAMES PETTIT . I am a tailor. In the afternoon of 14th Sept, I was with Short at the Three Castles tavern—I remember Short going out, after drinking with me, and in ten minutes or quarter of an hour after he went out of the Castles, I heard a noise—to tell you the truth, I did not know that it was outside—I went out, and saw the policeman with two persons in custody—I did not see Short there.
Cross-examined by MR. PAYNE. Q. How long had you been drinking there? A. I think about a quarter of an hour; as near as I can recollect—I do not speak very correctly as to time—I have been drinking to-day what nature requires; I have had part of two pints of half and half, and a pennyworth of gin—Short's father is an acquaintance of mine—I understood
from his father that if I came here, I should be of service to Short—I was drinking a quarter of an hour in the house, and when I went out I saw Osborn and a person I did not know—I know Osborn—he was pot-man at a public house that I have frequented some years.
WILLIAM VARRY . I am a porter, and lived at No. 17, Holliday-yard, Ludgate-hill; I know the shop of Mrs. Passfield, a pork butcher past St. Andrew's-hill On 14th Sept, I saw Short and another person go past the shop between a quarter to 5 and 5 o'clock—I saw two oilier persons carrying a box down Creed-lane—Short was then in my sight—he and another were right opposite Mrs. Passfield's shop—I have no doubt that Short was one of the persons who was near Mrs. Passfield's shop.
Cross-examined. Q. Do you know either of the other two prisoners? A. I know Osborn; I am not a friend of Short's—I am not pitching and tossing with him all day—I am not one of his pals—I swear, on my oath, I am not a companion of his—I have known him these two years—I cannot answer when I had seen him before that day—I am not a ticket porter—I am not a porter to any house of business; I can give you two or three characters—I was last at work for Mr. Nicholson—I have been out of work twelve weeks, but I am going to work next week—I do not recollect when I had seen Short before this—I had not seen him for a week before—I solemnly swear that—he lives it the corner of Holliday-yard—he lives down at the bottom of the yard, I live in the middle—I am always waiting about the top of New-street—I had not seen him for a week—I never, on my solemn oath, played at pitch and toss with him—I saw Short between a quarter to 5 and 5 o'clock—I had not been in the Castles—I never drank with Short there—on my solemn oath I was not one of the six that were drinking in the public house that day.
MR. PEARCE. Q. Do you know the father of Short? A. Yes; he keeps a shop—he lives at the bottom of the yard, and I in the middle—I am out of the yard the best part of the day—the last place I was at was the corner of Ave Maria-lane, a shirt place.
(Bolin and Osborn were also charged with having been before convicted.)
MICHAEL HAYDON . I produce a certificate of the conviction of Henry Hall—(Read: Central Criminal Court, Henry Hall, convicted May 1850; of receiving two books, two locks, and other goods, well knowing them to have been-stolen; Transported for seven years)—Bolin is the person—and I had him in 1849 for stealing two sets of bagatelle balls, and he had two months.
EDWARD ORAM (police sergeant, H 18). I produce a certificate of the conviction of Michael Rush—(Read: Central Criminal Court, Michael Rusk, convicted, Jan. 1847, of stealing a handkerchief; Confined three moths)—Bush is the person.
Four Years' Penal Servitude.
SHORT—GUILTY.* Aged 28.— Confined three months.
OLD COURT.—Tuesday, October 24th, 1854.
Before Mr. Recorder and the Second Jury.
PLEADED GUILTY . Aged 22.—Recommended to mercy.— Confined Four Months.
PLEADED GUILTY . Aged 19.
Charles William Cleaver deposed to the prisoner having been four times previously convicted of picking pockets.— Confined Twelve Months.
MESSRS. ROBINSON and SLEIGH conducted the Prosecution.
ROBERT PACKMAN (City policeman, 133). In consequence of Instructions I received, I watched Taylor's house, No. 6, Milton-street, Cripplegate, on a Wednesday evening in Aug., about half past 7 o'clock; he keeps a marine store shop—while I was watching I saw Judge coming up the street, very bulky about his person; he went into Taylor's house; he remained two or three minutes, and then came out, and appeared to be counting some money; he threw up some coin, caught it, spat upon it, and then put it into his pocket—I followed him to No. 15, Bristow-street, Hoxton, where he lives, and next morning I watched him going from there to his employer's, N. 36, Newgate-street—(I was in plain clothes on both occasions)—on that day I saw him again, about a quarter after 1 o'clock, coming out of Taylor's shop again—there was another officer with me—on Thursday evening, about 7 o'clock, I saw Judge come out of Mr. Simcox's, his master's, with a fellow servant—Judge appeared very bulky—I followed them to Moor-lane, where my brother officer, Bull, who was hi plain clothes, joined me—the prisoner and his fellow servant parted company in Moor-lane; we both followed the prisoner to Taylor's shop again—he went in, we remained outside about two minutes and a half, and then we went into the shop and saw Judge and Taylor—there is no counter in the shop, but there is a small ledge which projects out about a foot square—Judge was in the act of buttoning up his trowsers' when we entered—I asked him what he had brought there to sell; he said he had brought nothing to sell, he came to see if he could get a door handle like this (produced), which he produced to me—I told him that we were two police officers, and that we were convinced that he had come there to sell some carpet; he said he had not—I asked Taylor if he knew Judge, he said that he did not; then he hesitated, and afterwards said that he had seen him once or twice before; he seemed to study—I asked him, if he had purchased any carpeting of Judge, to produce it; he said that he had not, and that he had not got a bit of carpet in the house; upon that Bull directly went behind Taylor, where the small board projects out, picked up this piece of event (produced), and said, "Here is a piece
of carpet; how do you account for this?"—I do not know what Taylor's answer was, but I went round, and said, "You have got more than that?—Taylor said, "Yes; here is another piece," and picked it up himself—I said, "How do you account for this?"—he said, "I bought it of a dealer but I do not know who"—I then took Taylor and Judge into custody—when Judge went into the shop on the first occasion, he presented a bulky appearance, and when he came out he appeared much thinner round the lower part of the stomach.
Cross-examined by MR. CLARKSON. Q. Is it a two roomed house? A. Yes; at the bottom—there is a wooden partition running across between the front and the back shop—the two places on the ground floor are both front shops, because the partition comes to the window—it is not a corner house; there is room left in the partition, about the size of a door, to pass through, and there is another door into the street, which was open—the first shop is about seven feet wide, and eight or ten feet deep; it is furnished as a shop; there are no ledges round it; it is full of rags and bags which stand on the floor; I believe there are one or two shelves for lumber, but I am not quite positive—there is no counter—a man who goes into the shop from the front street would not at once see what was on the floor, because there was rubbish on the floor three feet deep—the carpet was behind the heels of Taylor, who was standing on the floor by the doorway of the second shop—he had no coat on; I think he was in his shirt sleeves, and had an apron on, but am not quite certain—Judge was dressed in corduroy trowsers, buttoned up in front, what they call fly fronts—there is no window in the partition of the shop.
MR. ROBINSON. Q. Was the bulk that you observed about Judge such as that piece of carpet would produce? A. Yes; and I saw the rim where the edge projected—the partition in the shop is of very rough boards, and goes right up to the top—when I went in there were all sorts of things between me and Taylor on the floor.
JOHN MARK BULL (City policeman, 181). On Friday evening, 25th Aug., at a little after 7 o'clock, I was in Moor-lane, and received a communication from Packman, in consequence of which we followed Judge into Milton-street—as he crossed over from a court, I saw that his appearance was very bulky, as if something was put between his trowsers and waistcoat; he went into Taylor's shop—we waited outside about two minutes, then went in and found Judge buttoning up his trowsers, which had what is called a fly front—Packman asked Judge what he had come there to sell; he said, "I have nothing to sell, I came to get a door knob like this"—Packman asked Taylor if he knew Judge; he said, "No," that he had never seen him before; he afterwards said, "I have seen him once or twice before"—Packman had said that we were two police officers—Packman said to Judge, "You have come in to sell some carpet?" he said, "No, I have not"—Packman then said to Taylor, "I want that carpet that you have bought of this man;" Taylor said, "I bought no carpet of him, I have not a bit of carpet in the house"—I said, "I am positive you have, and we must have it"—I then went round and picked this piece of paper up behind Taylor's heels; he was standing just by the doorway of the partition, with his back towards it; it was between the two shops; I could not see it while the conversation was going on, but I saw that Taylor was rather fidgetty and I went and found it, and said to him, "You said just now that you had no carpet in the house; how do you account for this piece?"—he said, "Oh! I bought that of a dealer, I can account for it another time"—
he did not mention the name of the dealer, nor has he since—he said that he should not account for it any further—I saw Packman bring another piece of carpet from the inner shop—I found on Taylor 6l. 19s. 10d.
Cross-examined by MR. BALLANTINE. Q. Do you mean to say that this man had this piece of carpet in his breeches on the day you saw him? A. That is my view on the subject; I have not tried whether it will go into my trowsers—I should say that these are Brussels carpets—I was about twenty-five, or it may have been thirty yards, from Judge at the time he went in—he would not have to take his trowsers down entirely to get the carpet out; he had only to undo the fly front, and it could be pulled out—I could not see the carpet when I went in—the shop was very dark—there was a lot of canvas hung about—these are the only two pieces of carpet we have found—Packham had been watching a day or two previously, as we supposed that Judge was robbing his employers—he had no carpet with him unless it was in his breeches—the other piece of carpet was in the inner shop—Taylor did not bring it out himself; Packman brought it out—there was a great deal of property—the shop was in a state of confusion, with things piled on the top of one another—Milton-street is an extensive thoroughfare—it was between 6 and 7 o'clock in the evening—when I got a good view of Judge's bulk, he was not under a gas lamp—it was on 25th Aug.
MR. ROBINSON. Q. How long was he in your sight? A. Five or six minutes; he was a very few yards indeed from me when he crossed—the increased size I saw, could be caused by such a piece of carpet as this—when he was in the shop I noticed a great decrease in his size.
Judge. Q. Did you see anything in my possession? A. I saw you very bulky; you were standing about the centre of the outer shop when I went in.
COURT. Q. Was there anybody else in the shop? A. Yes, a person named Williams; I do not know what has become of him—I have endeavoured to serve a subpoena upon him, and have done my best to find him, but cannot.
THOMAS BAKER . I am in the employ of George Price Simcox, a carpet manufacturer. Judge has been in his employ two or three years—I believe these two pieces of carpet to be my master's—they are patterns—we had four of these patterns down stairs in the warehouse—we received information, and other parties in the warehouse recognised that there had been four, and we only found one—I do not know that of my own knowledge—there is nobody here who does know that there were four patterns—I may have seen them a month or two before—no portion of them had been sold, to my knowledge—we sell them to bag makers—I cannot undertake to swear that I must have known if they had been sold, because these things are sold in great numbers—the prisoner had full access to that part of the establishment.
Cross-examined by MR. CLARKSON. Q. I suppose there is no mark on them by which you know them? A. There was a ticket attached to them, no doubt—I do not see a ticket on this one—if they were sold, the ticket would go with them.
MR. CLARKSON to ROBERT PACKMAN. Q. Had you known Taylor any time? A. I have not known him, but I knew his father some time; he has succeeded his father, who was a marine store dealer.
(Taylor received an excellent character.)
JUDGE— GUILTY . Aged 38.— Confined Twelve Months.
TAYLOR— GUILTY . Aged 24.—Recommended to mercy by the Jury, on account of his character.— Confined Four Months.
Before the Third Jury.
MR. PAYNE conducted the Prosecution.
CAROLINE GODSMARK . I am a grocer, of No. 106, King's-road, Chelses. I had dealings with Mr. Hanson—I owed him 8l. 14s. 6d. in July, which sum I paid to the prisoner on 8th July, and he wrote this receipt to the bill—(read; "By cash, for S. H. and Son. G. J. Paris.")
Cross-examined by MR. PARRY. Q. He had been in the habit of collecting moneys of you before? A. Yes; he used to come round on Saturday to collect—he did not take the orders.
JOHN TAYLOR CHEESEMAN . I am shopman to Richard Moss Phillips, a grocer, of Grove-terrace, Brompton. He has dealings with Mr. Hanson—on 24th June I paid 16l. 1s. to the prisoner, and he gave me the receipt to this bill for that amount, (read: "Jan, 24, by cash, for S. H. and Son G. J. Paris.")
THOMAS CURRYER . I am a grocer, of Newport-market. On 8th July I was indebted to Mr. Hanson 22l. 4s. 6d., and paid the whole amount to the prisoner on that day, and he gave me this receipt—(read: "By cash, for S. H. and Son. G. J. Paris. 8th July.")
ALFRED WILKINS . I am cashier to the prosecutor, Samuel Hanson; he trades under the name of Samuel Hanson and Son, as a foreign fruit merchant, in Botolph-lane. I was cashier in part of July—I resumed my situation on 10th July, having been absent for a fortnight for a holiday—sums received on 8th July would not be paid to me, but to Mr. M'Burney, whose duty it was, assisted by Mr. Grant, to receive money in my absence—the course of business is for the ledger keeper to make out six lists from the ledger, for collection, of the customers' names and amounts, which were distributed among the clerks on Friday nights, for collection on Saturdays—the prisoner was ledger keeper in July—he took one list himself, and if he received money it was his duty to hand me on Saturday the cash he received—I have not received either of these three sums—I was not there on 24th June—I was not there at the time the money wag received from Phillips.
Cross-examined. Q. Neither of these sums would be paid to you? A. No—I have heard since this, that the prisoner's salary was 80l. a year, and that one-fifth of it was reserved for payment at the end of the year—that is not the case with me, I am an apprentice—the prisoner has been there nearly six years—in winter, when we were busy, he had to work from 6 o'clock in the morning till 10 in the evening; but his regular hours were from 8 o'clock till 7—it is the duty of all of us to work late if we axe busy—we have gratuities at Christmas for extra work; I do not know of the prisoner having received any, but I have—he may have to collect from 500l. to 700l. on a Saturday, in different sums.
RICHARD GRANT . I am clerk to the prosecutor, and have been so seventeen years. I assisted M'Burney, the sub-cashier, in money matters, from 24th June to 8th July, while Mr. Wilkins was away; he was cashier under my superintendence—I was not generally cashier—M'Burney is younger than me—the prisoner did not on 8th July pay me any money received from Mrs. Godsmark—he accounted to M'Burney on that day; I know that I was there the greater part of the time—the prisoner did not account in my presence for any money received of Mr. Curryer; I was not in the counting house all the time—on 24th June the prisoner accounted to M'Burney; but I cannot recollect whether I was present.
Cross-examined. Q. How do you know that he never accounted to you for this 8l. 14s. 6d. from Mrs. Godsmark, by memory? A. By my memory, refreshed by my books, which are here—when the collectors come in, they give in their list of the sums collected, which is then signed by the cashier; that is the usual course of business—it is the same list which is taken out in the morning, and there is a column for the collector to write in—this is the list of 8th July; it is the prisoner's writing, and it is his own collection—it is made from this collecting book (produced)—these initials are both M'Burney's; one is to the cash, and the other to the number of cheques—the book was kept by the prisoner—I find in it this entry, "5th July, Godsmark, 6;" which refers to the list No. 6, on which Godsmark's name is—that entry is in the prisoner's writing—"8l. 14s. 6d." appears to Godsmarks name—that name and amount is in the prisoner's list, No. 6; his name is given at the top of the page in his own writing—I find 12l. 4s. 8d. down here to the name of Curryer; the 12l. is upon an erasure; the "1" appears to have been altered from some other figure to "1;" and by the ledger it should have been 22l. 4s. 8d.—Godsmark's entry is here, but a pen has been run through it; it is in the prisoner's writing, it is 17l. 17s. 7d.; and if the "1" of the 17 were scratched out, that would reduce the amount to 12l. 4s. 8d.—there are three amounts added up, which make it—here is an erasure under this "10;" that was made after 1st Sept—we balanced our books on 1st Sept, the addition was then made, and the figures added up correctly, 32l.; but if this 10 was out, the account would add up 22l.
MR. PAYNE. Q. What has been done to falsify the account? A. The two tens in this 17l.; and 18l.; have been scratched out, and there is also a false credit made of 26th July, in the prisoner's writing—the erasure is to make Curryer; account correct—I assume that this amount was 12l.; 4s. 8d.—the cash was posted by another clerk, not, the prisoner; if this had been 17l.; and the clerk had added up 22l.; inquiry would have been made; but these figures being erased, would cause the clerk to suppose that it was all right, and he would add it up, and then the figures have been written in afterwards; three other clerks went over the books—22l.; 4s. 8d. was the right sum for the prisoner to receive, and it was his duty to pay that sum over when he came home—if this entry had stood 17l.; instead of 7l.; there would have been 10l.; less to receive—She alteration prevented detection at the time—this false entry of 5l.; is in the prisoner's writing, and so is this "1213"—this "Currants returned, 5l.; 14s. 11d." in Curryer's account, folio 1193, is in the prisoner's writing, and is a false credit which he ought not to have entered—if it was 15l.; 14s. 11d., his striking out the "1" would leave 5l.; 15s. 11d. to be collected; the "1" has been struck out, and has been inserted again since—that would make it appear that there was nothing due, when there was, in fact, 18l.; due; it served the purpose of concealment till the accounts came to be, balanced—as to Phillips's account, here is an entry, "R N. Phillips, 16l. 1s.," which ought to be in the prisoner's collecting list, No. 6; but it does not appear there—if he received the 16l. 1s. at Mr. Phillips's, it was his duty to pay it over on that Saturday—its not appearing in the list, would prevent the cashier from requiring the money of the prisoner; the cashier would not call upon him for any amounts which were not in the list—this is Phillips's receipt (produced); it is in the prisoner's writing, and is for 16l. 1s., on 24th June—11l. 11s. 5d. is run through' in the ledger.
MR. PARRY. Q. Run through with a pen? A. Yes—there are about thirty clerks—there are many ledgers kept by the different clerks, they have all access to this ledger; it lays on the desk when it is being used—we have
a very extensive business—the prisoner on a Saturday had to collect sometimes 600l. or 700l.—for the three months after Christmas he has to collect very large amounts, 200l. or 300l. but less in the summer, as the greater part of our business is done in the first three months—the prisoner's salary was 80l. a year; he was paid quarterly, but one-fifth of his salary was received at the end of the year—if he gave notice to leave before the end of the year, he would lose the one-fifth reserved; that would be 16l.—that is not the case with us all—no one works from 6 o'clock in the morning till 10 at night; if a clerk comes at 6 o'clock in the morning he leaves at 7 in the evening, unless we are very much pressed—I do not know whether there is extra pay when they work till 10 o'clock—I am principal clerk—making the payments take some time—we have six or seven collectors—this list is the one he takes out in the morning; he makes it out from the collection book—he had no discretion as to what account he should take, and what he should not—he takes a certain round; that is the round he has always taken, for many months past—Phillips's shop is in that round; it is in the Strand—this "3 cheques" in red ink means that the separate amounts were paid by cheques—the cheques refer to this line.
MR. PAYNE. Q. With respect to the mode of payment, the last three months of the year is largest with regard to work? A. Yes; and that is the reason that the salaries are divided into five parts, to prevent persons from taking the easiest portion of the year, and shirking the rest—the prisoner made out the lists for all the collectors—he had no right to leave out any amount; it was his business to see that every amount that was due was collected—he ought to pay no other person than M'Burney and Wilkins, except myself, when Wilkins was away—he has not paid me.
DAVID M'BURNEY . I am one of the cashiers to the prosecutor, under Mr. Wilkins—the prisoner has not accounted to me for 8l. 14s. 6d. received from Mrs. Godsmark, on 8th July—it was his duty to pay it to me that night if he received it—he neither paid it then or since—this is the list; it does not contain Mrs. Godsmark's name—it ought to have contained it and the money; and the money that was received, ought to have been paid to me—here is the name of Curryer on the list—the sum mentioned against that name is 12l. 4s. 8d.; the prisoner only paid in that sum, and not 22l. 4s. 8d.; he kept back 10l.—Phillips's name is not here, but it ought to have been—if the prisoner received 16l. 1s. from Mr. Phillips on 24th June, he ought to have paid it to me; he has not done so—I was not acting as cashier on 15th July; Mr. Wilkins was.
ALFRED WILKINS . On 15th July, I received 15l. 8s. on Phillips's account, in part of 16l. 1s.—this list is in the prisoner's writing, and is the one he delivered that day—I cannot tell what that leaves on Phillips's account; I have not got the ledger.
CORNELIUS BASSETT . I am a detective officer. I took the prisoner, searched him, and found on him 8l. 5s. 4 1/2 d., and a gold watch, chain, and ring—it was on 20th Sept., at his residence, No. 16, West-square, South-wark, about 1 o'clock in the morning—I found at his residence 53l. in gold and notes—he is a single man—he made no reply to the charge at the time, but said at the station, that there must be some mistake, and that a portion of the money belonged to his sister who was in Austria.
Cross-examined. Q. Has that money been given up to Mr. Hanson? A. No; I still retain it—the prisoner did not say he had a great many accounts, and that he hardly knew who had paid him.
MR. PARRY to MR. HANSON. Q. Did you know of any sum of 15l. belonging to his sister in Austria? A. No.
COURT to RICHARD GRANT. Q. In comparing the collecting lists with the books, there are accounts which are not in the lists? A. I think not; but some accounts, if they are not paid in one week, are carried into the next page—I have looked through the book, and am unable to account for any sums in the book not being in list No. 6.
NOT GUILTY .
(There were two other indictments against the prisoner).
MR. CAARTEN conducted the Prosecution.
GEORGE ALLEN SILVER . I am a butcher of Lillington. On Saturday afternoon, 30th Sept., I had in my shop four ribs of beef—I do not know the exact weight—I missed them about 6 o'clock in the evening—they had been lying on a marble stone inside the shop—any one could get them from the street by reaching over—I have a beer shop at the back, and the prisoner was drinking there, with others, from 2 till 4 o'clock that afternoon in the yard—there is no communication between the back of the premises and the butcher's shop; you have to walk through two private rooms—the prisoner had a small reticule basket with him in his baker's basket—I saw no beef in his basket—on missing my beef, I gave information to Road-knight, and on the same night, about half-past 10 o'clock, he brought the beef and the prisoner to my shop—I identified the beef.
Cross-examined by MR. COOPER. Q. How did it differ from other ribs of beef of the same size? A. Because I matched other pieces which I had cut off it—the prisoner is a master baker—we were near neighbours for some years—I was tapping some porter that afternoon, which, to persons not accustomed to it, makes them a little intoxicated, if they drink too much—the prisoner was helping—he lives perhaps 400 or 500 yards from me—he is well known there, and to be found at any time.
JOHN BUNN . I live at Illingdon, near the prisoner, and am a postman. On the afternoon of 30th Sept, about 4 o'clock, I saw him at the back of Mr. Silver's house, and in the tap room—as I went home, the prisoner overtook me just through the little turnstile, with a basket on his shoulder, with something heavy in it—going across the field, I dropped some dog's meat which I was carrying, and as I stooped to pick it up, Jones turned and faced me, and I saw a large lump of beef between his arm and the basket.
Cross-examined. Q. He knew you, and you knew him? A. Yes; I had been at the prosecutor's, and had seen him there—I had been drinking there, and so had he—I did not see him leave; he left immediately after me—I have known him more than five years a good deal—he bears a good character as far as I know.
COURT. Q. Was he in liquor? A. Not at all; no more than I was—he could walk and talk; he seemed to be merry enough.
RICHARD ROADKNIGHT (police-sergeant). On 20th Sept., Mr. Silver gave me information, and I went to the prisoner's house, and found both doors locked—I waited till his wife came home, about 9 o'clock; she opened the door, and I searched the house, and in a cupboard up stairs found four ribs of beef—the cupboard was shut, but not locked—there was nothing else in it—that room had been previously let to a party who had left—I continued my search, and found the prisoner in a little place, eighteen inches square
between the roof of the bake house and the oven—that was about half-past 9 o'clock—he was undressed all but his coat—he only had on his shirt and coat—I expect that he had got out of bed when he heard me knock at the door, and went there to hide himself—that was not a sleeping place; he had a bed up stairs—bakers often sleep in the bake house, but the oven was not lighted—I said that I wanted him for taking Silver's beef—he said he had not taken it; that he had it in his basket, but did not know who put it there.
Cross-examined. Q. Did not he tell you that he was very unwell? A. No—he was not in liquor when I found him.
WILLIAM DOBSON GALE . I am a millwright, of Lillington. On the Saturday I was at work at the factory opposite Mr. Silver's, eleven yards off, and saw the prisoner at the shop about half past 5 o'clock in the afternoon—I saw her put his hand aver on to the stone slab, take the beef, and put it into his basket—there was nobody in the shop—he swung the basket on his shoulder, and went the back way across the fields where there is a footpath—I was not before the Magistrate.
Cross-examined. Q. You mentioned directly that you had seen it? A. No; not directly—the policeman came about 8 o'clock that evening, and asked me if I had seen any suspicious characters—I said, "No, I had not"—I did not go that evening, and give information when I heard that the beef was lost; I went on the Sunday morning—I do not know why I did not go before the Magistrate on the Monday; I (fid not give the information to the policeman—I told a carpenter on Sunday morning—I did not tell the policeman when he asked me about the suspicious characters, because I did not think that the prisoner was stealing it—I never had anything to do with the prisoner—I never had any quarrel with him—I do not know why I did not go before the Justice.
COURT. Q. You saw the man take the beef, and the constable came and inquired of you who had taken it; why did not you tell him? A. I did not know but what Jones had bought it, seeing him so often at Mr. Silver's shop, and I did not like to lay an information about it against him—I knew in the course of the day that he was charged with stealing it, but I did not go before the Magistrate, because I did not think that the man was stealing it. MR. COOPER called JOHN BAILEY. I live at Uxbridge. I have known the prisoner for ten years, and for five years well—his character for honesty, punctuality, and industry, is the best of any baker in the neighbourhood.
Cross-examined by MR. CAARTEN. Q. What are you? A. A Quaker, and a gentleman, as much as you are—I do not visit the prisoner—I never, spoke to him in my life, till I saw him in London—I have not dealt with him, but I have passed his shop a great many times, and am astonished to see him where he is—I know nothing of him, but passing his shop—he might have been convicted of receiving stolen goods, without my knowing it—I do not know that he was fined by the Magistrates of Uxbridge for receiving pigeons, knowing them to be stolen; you may say old women, for they are not Magistrates—I never heard of two boys being sent to prison for stealing pigeons, nor of the prisoner being fined 4l., or six months imprisonment for receiving them.
MR. COOPER. Q. You have lived in the parish? A. Yes; if anything of the kind had happened most likely I should have heard of it; I often attend the Court—I reside about a mile from the prisoner, and am continually in the parish.
MR. CAARTEN called
RICHARD ROADKNIGHT re-examined. I have known the prisoner for six or Seven years. On May 6th, 1850, I had him in custody at "Uxbridge for receiving four tame pigeons, which had been stolen by two boys—the boys had two months in the House of Correction; the prisoner was fined 3l. or 3l. 10s., or six months imprisonment, and he paid the fine.
Cross-examined by MR. COOPER. Q. Had he any attorney? A. I am not aware that he had; I was the policeman engaged in the case—some boys brought the pigeons into his shop, and he foolishly purchased them—one of the boys has been since transported.
COURT. Q. The prisoner was not convicted of receiving stolen goods? A. No; but for having them illegally in his possession.
NOT GUILTY .
NEW COURT.—Tuesday, October 24th, 1854.
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY . Aged 18.— Confined Twelve Months.
PLEADED GUILTY .— Confined Eighteen Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
MARIA RIXON . I live in Martha-street, Cambridge-heath; I keep a chandler's shop. On 2nd Sept., about 10 o'clock at night, the prisoner came—he asked for half an ounce of tobacco and some Dutch cheese; they came to 3 3/4 d.—he gave me a 5s. piece—I gave him is. 8 1/4 d. change—he left the shop—I put the 5s. piece into my pocket—I shut up my shop about 12 o'clock; I then looked at the 5s. piece in my pocket—I had no other 5s. piece in my pocket—I had one upstairs, but not in my pocket—on examining it I found it bad—I have since given it to the constable.
Prisoner. You had a 5s. piece upstairs in the cash box, and you brought them both down; you could not recognise me, and the policeman pointed me out. Witness. No, he did not; I pointed you out myself.
COURT. Q. Did you know the prisoner before you saw him with the crown? A. No—I have no doubt that he is the man.
PHŒBE MASON . I am a chandler. The prisoner came to my shop on 8th Sept. for half an ounce of tobacco and a candle; they came to 2 1/2 d.—I served him; he offered me a crown piece in payment—my brother, Francis Huggins was by, and he took the crown from me, and went away with it—he afterwards brought a crown back, but he did not give it to me—he went away with the prisoner.
FRANCIS HUGGINS . I am a brother of the last witness. I was in the shop when the prisoner came—I saw him served; he put down a crown piece—it was handed to me; I took it to the Rising Sun public house; they said it was bad—I am sure it was not out of my sight—I came back
to the shop, and found the prisoner there still; I asked him where he got it—he said he was a step and ladder maker, and he got it for a pair of steps he had sold—I said I was not satisfied, and I asked him where he lived—he said, "In Little Rutland-street"—I said I would go with him; he went, and kept going on till we came to a dark place, and he ran away; I ran and took him, and gave him to the officer.
COURT. Q. On what day was this? A. On Friday, the 8th Sept—I had to appear the next day, which was the 9th.
JOHN CRAWFORD (policeman, K 101). The prisoner was given into my charge on 8th Sept. by the last witness—I received at the same time this 5s. piece from him—on the Monday afterwards I received this other crown from Mrs. Rixon—when I took the prisoner, another officer said, "Halloo, it is not above three weeks since I had you in custody before"—he said, "You be b—, it is not fourteen days; you have lost a few days."
GUILTY . Aged 27.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
MARTHA NEILON . My father keeps a grocer's shop, in Russell-court, in the Strand. On Friday, 22nd Sept., the prisoner came about half past 12 o'clock in the day, for three 1d. eggs—I served him; he gave a half crown, and I gave him 2s. 3d. change—I noticed the shillings that I gave him—I cannot tell of what reign they were, but neither of them were Victorias—I kept the half crown in my hand, and as soon as the prisoner had turned his back, I bit it, and found it was bad—when the prisoner got out he ran as fast as he could—I followed him, and called, "Stop! stop!"—I caught him, and told him he gave me a bad half crown—I showed it to him, but I did not give it him—he had some change in his hand, and he said, "If I have given you a bad half crown, you have given me a bad shilling in change"—I brought him back to the shop, and got a constable—I put the half crown down on the counter, and the prisoner put the change down on the counter—the constable took it up—there was one bad shilling amongst it, which was a Victoria shilling—the prisoner was given in charge.
HENRY CASTLE (police sergeant, F 3). I was called to the house, and the prisoner was given into my custody—I produce this half crown and shilling which I received from the last witness—I searched the prisoner, and found on him 1s. 6d. in silver, and 2d. in copper, all good money—the bad shilling is a Victoria—the prisoner gave an address—I made inquiry there, and nothing was known of him.
Prisoners Defence. I asked for three pennyworth of eggs, and gave a half crown; she gave me change, and she came after me and hallooed out that I gave her a bad half crown; I went to give her back the change, and I found one shilling was bad; I was going to pay for the eggs out of some small change I had, and her father, I believe it was, came and said that I should be given into custody; the shillings she gave me were both Victorias.
GUILTY . Aged 19.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
about a fortnight—he came on 4th Oct for half a quartern of butter, and a half quartern loaf—I could only serve him with 1 1/2 d.-worth of butter—he gave me a shilling, I gave him change, and put the shilling in the till—there was no other shilling there, only halfpence—it was in the butter till—this was about 11 o'clock—I went to the till several times in the morning, and saw the shilling there each time—I took it out about 1 o'clock; it was still the only shilling there—I took it out to get two sixpences for it—I showed it to my son, and he pronounced it to be bad—I put it in a little drawer by itself—the prisoner came again about half-past 5 o'clock for some tea, and sugar, and a loaf; they came to 7 1/2 d.; he offered in payment a half crown; I tried it, and bent it—I Raid to him, "This is the second bad money you have given me to day; I will give you in charge"—he said he got it for selling oysters in Tottenham court-road—I kept the half crown till the constable came; I gave it to him, and the shilling.
THOMAS HORNSBY (policeman, D 63). I was called to the shop of the last witness on 4th Oct.—I took the prisoner—I received this half crown and shilling from her—the prisoner said he got them for selling oysters.
Prisoner's Defence. I got them for selling oysters in Tottenham court-road; I did not know they were bad; I never was charged with anything bad in my life.
GUILTY . Aged 18.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
LOUISA WAITE COOKE . I am the wife of Joseph Cooke, who keeps the Bell and Dragon, in Worship-street. On 15th Sept., the prisoner came between 6 and 7 o'clock; she had half a pint of beer—she gave me a shilling; I gave her change, and put the shilling in the till—I am quite certain there was no other shilling in the till—I looked at the shilling in about two minutes afterwards—the prisoner had only just got out of the door—I looked in the till, there was only one shilling in it—I looked at that shilling more particularly; I found it was bad—I put it apart from other shillings, and gave it to my husband when he came home, about an hour afterwards—I had never seen the prisoner before—I am quite sure she is the woman—I have not the slightest doubt about it.
Prisoner. When I went and uttered a shilling to your husband, you said you were almost sure I was the woman. Witness. No; I said you were the woman, the moment you entered the door.
JOSEPH COOKE . I keep the Bell and Dragon. On 23rd Sept., the prisoner came and asked for half a pint of porter; she laid down a shilling—I noticed it was bad—(my wife had described the prisoner to me)—I said to her, "This is a bad one; I shall keep you, and send for an officer"—my wife then said, "That is the woman that passed a bad shilling to me"—the prisoner declared to her God that she was never in the house before—I went to the door, and kept her inside while I sent for a policeman.
COURT. Q. When did your wife give you a shilling? A. As soon as I came in on the 15th—I put it in a piece of paper, and put it with the farthings—there it remained all the time.
THOMAS FLOYD (policeman, A 416). I took charge of the prisoner on the 23rd—I received these two shillings from the last witness—the prisoner denied having been in the house when the first shilling was passed—the second shilling she said she took of a cabman—she gave her address at a place in Bethnal Green-road; I went there, but could not find anything about her.
Prisoner's Defence. The first shilling I never gave her; I never was in the house before; I sold two wash leathers to a cab man, and he gave me the last shilling and one more; I went to get half a pint of porter, and put down a shilling; he said it was bad, and asked how many more I had; I said, "One more," and I showed it him; the woman then said, she wished she was sure that I was the woman that gave her a shilling; the man said, he should give me in charge for the one that I gave him; I am quite innocent of knowing it was bad; I beg for mercy, for the sake of my child; I live at No. 14, Church-row, Spitalfields; the policeman said he thought it was Bethnal Green-road, and that made the mistake, or he would have found who I was, and where I lived.
MR. BODKIN to JOSEPH COOKE. Q. Did you ask the prisoner if she had any more? A. No; I did not—the moment I said it was bad she put her hand in her pocket, and put down a good shilling, and I said to my wife, "Give her 11d. change for the good shilling," but I kept the bad one in my hand.
GUILTY . Aged 34.— Confined Six Months.
MESSRS. BODKIN and ELLIS JUN., conducted the Prosecution.
GEORGE KING . On the evening of 11th Oct., the prisoner came to my house with another man—they called for a pint of half and half, and paid with a good sixpence, and I gave 4d. out—after that, the prisoner called for a pint of half and half—my wife served that, and he paid in halfpence—after that, the prisoner or the other man asked me to fill the mug again—I filled it, and as I turned round there was a half crown on the counter; I cannot tell which put it down, but it was close to where the men was standing near the counter—I took up the half crown, and put the change on the counter—one of them, I do not know which, took it up—they drank their half and half very quickly, and went away—after they had left I noticed the half crown, and found that it was bad—I had put it in the till—there was no other half crown there—I did not find any ether half crown there when I looked again, about ten minutes after the men were gone—I bent it and laid it on one side, separate from all other money—this was Wednesday night—on the Thursday the prisoner's companion came in first; he called for a pint of stout, drank it, and went away—the prisoner came in about ten minutes or a quarter of an hour afterwards he called for something from my wife—and just afterwards my wife called me, and said in the prisoner's hearing, "Here is a bad 5s. piece this man has given me; the same person that you took the half crown of last night"—the prisoner said he took it for a good one—I took the 5s. piece in my hand; I bent it, and told the prisoner I should have him locked up—I said, "Half a crown last night and 5s. to-night; I shall have you locked up"—he said he took it for good—I said, "If you have taken it for good, and your character is good, it will be all right"—I sent for a policeman, and gave him into custody—I gave the policeman the crown and half crown.
COURT. Q. Did you know the prisoner again? A. Yes.
SARAH KING . I am the wife of the last witness. I was in the bar on Thursday evening, 12th Oct.—the prisoner came about 9 o'clock—I served him with a glass of 6d. ale—he put down a 5s. piece—I looked at it, and found it was bad—I put it between my teeth—I called my husband, and gave it to him—when the prisoner came in for his ale he said, "Has the man been in to-night that was with me last night?"—I said I did not know.
Prisoner. When I gave you the crown piece you put it into the till
Witness. No; it is quite false—I did not go to my husband—I never moved from my standing—I kept the crown in my hand till I gave it to my husband.
THOMAS WAKELING (policeman, K 200). I was called into the prosecutor's house, and the prisoner was given into my custody, on 12th Oct.—I received this crown and half crown—while I was there somebody said to the prisoner, "How long have you had it?" and he said, "I have had it for some time"—the crown appeared to be quite new—the prisoner gave no address, but after he said he slept in Ratcliff-highway—the sergeant asked him where, and he said he did not know the number, nor where the house was.
Prisoner's Defence. I went to the house on Wednesday, and called for a pint of half and half; I went on the Thursday night, and gave the woman a 5s. piece; I did not know it was bad; she put it into the till, and the man came out and charged the officer with me; the man that I went with was a stranger to me; he said if I would go there the next night he did not know but he would give me a job of work.
GUILTY . Aged 28.— Confined Six Months.
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.
GEORGE KIRK . I am barman to Mr. Gurney, who keeps the Crown and Scepter. On 14th Oct. the prisoner came and called for a glass of gin—I served her, and she tendered me a half crown—I sounded it on the counter—Mr. Gurney was standing by my side, and he heard it, and said, "This won't do"—he took it out of my hand.
CHARLES GURNEY . I keep the Crown and Sceptre. I was standing by my barman—I took the half crown, and found it bad—I asked the prisoner where she lived—she said, "A few streets off"—I said, "Where?"—she said, "In John-street"—she went out—I took my coat, and went to see where she went—I came up to her in the City-road—I asked her where she got the half crown—she said she took it of a woman in the City-road—she could not find the woman, and I gave her into custody.
REBECCA ANN DAWSON . I searched the prisoner on 14th Oct., and noticed that she had got something in her mouth—I said, "What have you in your mouth?"—she said, "Nothing"—I took this shilling out of her mouth, wrapped in paper—I gave it to the officer—when I found it, the prisoner said, "Don't let them see it; do destroy it"
Prisoner's Defence. I am quite innocent of knowing that the money was bad; I took a shilling from a woman, and she said, "Go and get a glass of gin, and then go and get half a quartern loaf at the baker's."
GUILTY . Aged 17.— Confined Six Months.
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.
another man—the prisoner called for half a pint of gin; he paid me with a sovereign—he said, "Be quick and give me the change, I want it for Mr. M'Donald"—I took the sovereign from the counter; I judged from the weight that it was bad—I asked the prisoner again who he got it from—he said, "Mr. M'Donald"—I was looking at it between my fingers, and the prisoner took it from me—I said, "Mr. M'Donald is in the parlour; I will speak to him"—I went to the parlour door and called him, and asked him if he had given this man any money to get change for him—he said he did not know the man—the prisoner said he had worked for him last winter, in Liverpool—Mr. M'Donald said, "I was not in Liverpool last winter"—I asked the prisoner if he would allow Mr. M'Donald to look at the money—he refused to do so—my husband came from the cellar to the bar, and at last the prisoner gave the sovereign to Mr. M'Donald—my husband took it from Mr. M'Donald, and passed it to me—it was in my hand till I gave it to 140 H.
RICHARD CAMPBELL M'DONALD . I live in Great Hermitage-street, Wapping; lama ship stower of cargoes for Australia. I never knew the prisoner—I was in the parlour that night, and Mrs. Rix called me out, and asked me about the prisoner—I said I never saw him before.
Prisoner. I worked for Mr. M'Donald last winter, and I was paid at that house. Witness. He might have done so last winter, but he told me it was in Liverpool; I was not there last winter—I have not been there these six years, nor had 1 a man or a boy at work there.
JOHN RIX . I was down in the cellar on 29th Sept.; I came up, hearing a talking; I found the prisoner and another person there—Mr. M'Donald was in the bar—my wife said to me, "This man has brought a bad sovereign"—I said, "Where is it?"—she said the man had taken it—I asked the prisoner for it—he said, "I shan't give it to you"—he gave it to Mr. M'Donald—I asked to look at it, and I gave it to my wife.
SAMUEL DAMERALL (policeman, H 140). I took the prisoner, and received this sovereign—the prisoner said he worked for Mr. M'Donald last winter, in Liverpool and in London, and he had paid him the sovereign for wages—I asked him where he lived; he said anywhere, where he could get a night's lodging.
GUILTY . Aged 34.— Confined Six Months.
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.
FANNY OUTRAM . I am the wife of John Outram, who keeps the Swan with Two Necks, on Finchley-common. On 11th Oct., the two prisoners came about 4 o'clock in the afternoon—one of them called for a quartern of gin; I served them, and Carthy put down a half crown—I gave him 2s. 2d. change—I then looked more particularly at the half crown, and found it was bad—I asked Carthy to give me back the 2s. 2d.—he did so, and paid for the gin with a good shilling—Smith was standing by his side all the time—they drank the gin together—I marked the half crown, and told them it was bad—they both requested me to give it them back repeatedly, but I refused to do so—they then asked me to cut it in half, and give them one half, and that I declined to do—I kept the half crown separate, and produce it now—this is it.
Smith. I was not there that day. Witness. I am sure they are both the men that were there.
HENRY DRACOTT . My brother keeps a butcher's shop at Stanmore-hill—I was there on 12th Oct.—the prisoners came about 2 o'clock, and asked for some beef steaks—they came to a shilling—I saw Smith give, my brother a half crown—I gave him 1s. 6d. change, and they left—I afterward examined the half crown, and found it was bad—I followed the prisoners about 200 yards, to the Load of Hay public house—I found Smith there, and Carthy came in directly afterwards—I told Smith the half crown was bad, and showed it him—he said he was not aware of it—I said it was, and I must have another for it—he said he did not know whether he had another—he at last found 2s. which he gave me, and Carthy gave me a sixpence, all good money—they asked me to give the half crown up, but I refused; I kept it in a box by itself, this (produced) is it.
Smith. When I went to your house for the steaks, I told you I was going to the little beer shop, and I went there, and you followed me, Witness. Yes.
ROBERT BISHOP . I keep the Magpie and Stump, at Kingsbury, about three miles from Stanmore. On 12th Oct., the prisoners came there about, 6 o'clock in the afternoon—they went into the taproom; Carthy called for a pint of beer—it came to 3d., he paid me with a half crown—I suspected it was bad, bit it, threw it on the table, and said, "This is a bad one"—Carthy took it up—Smith said, "Is it a bad one, master" and he paid me with a good shilling—they left the house; I followed them, and saw them go to the Queen's Arms, and to the Lion—I am sure the half crown I looked at, and gave them back, was bad.
PENELOPE RODWAY . I keep the Red lion, at Kingsbury. On 12th Oct. the prisoners came together, about half past 7 o'clock; they called for a quartern of gin—Smith paid me a half crown—I had no change, and I gave it to the potboy to get change—he went out and came back, and said, "This is a bad one"—the prisoners were there—I told them it was bad, and they must pay me for the gin—Carthy paid for the gin, and they wanted me to give them back the half crown, and said they were not aware it was bad—I would not give it up; I sent for a policeman—Carthy was still them—Smith was gone out, but he was taken into custody—I marked the half crown, and gave it to the officer.
SAMUEL ANTHONY (policeman, S 124). I went to the Red lion on the evening of 12th Oct.—the prisoners were given into my charge for passing a bad half crown; Carthy was in the shop, Smith was gone down the road—the horse patrol brought him back—I found on Carthy 1s. 5d., a purse, and a tobacco box, and on Smith, 2s. 9 1/2 d., a knife, and two cots, which are put on the hand in making bricks.
Cross-examined by MR. BODKIN. Q. What is the name of the man that came with you? A. I do not know his surname; his Christian name is George—we came together this morning from Hampstead—we live in one house; in Brewer's-lane, New End, Hampstead—Mr. Mahony keeps the house—I have lived there nine years, and George has lived there six months—I get my living by hard work—I worked last for Mr. Smith, who
keeps a brick field—I was out of work on 11th Oct.—George was in the same house as I was that day—we were not five minutes separate all day—we did not breakfast together; I had breakfast by myself—I do not know whether George did—the two prisoners did not breakfast with me—I do not know whether they had breakfast—I dined between 12 and 1 o'clock—I do not know where they dined, or whether they had any dinner; I expect they had—I dined in the kitchen—George did not have his dinner with me; he had his dinner in the same room, but not at the same time—he had his dinner after me—he did not have what I left—I had some potatoes and herrings—George had some beef steaks—I drank some water, nothing else—I do not know what George drank—I do not know whether he got anything—I do not know where the two prisoners were while I had my dinner; I did not take notice—I afterwards walked in and out into the yard, and in the house—they slept in the same room that I did, and George in the same room—I came here to day by myself—Robert Smith wrote to me to come—the letter is at home, at Hampstead; it came two or three days ago—the postman took it to the house—I do not know whether George had a letter of his own—I did not show him the letter—I told him to come—I said, "You know they were at home on 11th Oct."—I am sure it was 11th Oct.; I did not put it down.
CHARLES NORAH . I live in Brewer's-yard, New End, Hampstead. On 11th Oct., I was along with the prisoners all day long; from 9 o'clock till 8 in the evening; then we went to bed, and slept in the same room.
Cross-examined by MR. BODKIN. Q. How long have you lived in this house where you are now? A. Eighteen months—I have known Noonam twelve months—he has lived there all the time—he was there when I went there—he is a labourer, and I am a labourer—I sometimes work with him—he did not tell me to come here—it was a false witness—the woman swore that the prisoners were in her house on the 11th—I did not hear her swear that—I heard of it—on that day, the prisoners were sitting in doors all day long—we did not leave one another five minutes together—there was no work done that day by any of us, that I am sure of—I had 1s. in my pocket, and had some breakfast; it was some beef—I had breakfast by myself—the prisoners were in the room—they had their breakfast directly afterwards—Noonam had his breakfast at the same time I had—the prisoners had some meat—I never had no dinner—the prisoners had no dinner—they went to the public house and had a pint of beer—I went with them—Noonam had no dinner; no potatoes and herrings—I am sure my name is Charles—it is not George.
CARTHY— GUILTY . Aged 20.
SMITH— GUILTY Aged 30.
Confined twelve months.
(The JURY considered that the two witnesses for the Defence had grossly perjured themselves; upon which they were committed to prison until the close of the Session, when they were discharged).
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.
ARTHUR KETTLE . I am assistant to Mr. Cook, a surgeon, in the Minories. The prisoner came to the shop—I cannot say whether it was on 10th Oct., but it was on a Tuesday or Wednesday evening—she asked for half an ounce of paregoric lozenges—they came to 1 1/2 d.—she gave me a shilling—she got her change, and went away—after she was gone I tested the shilling, and found it was bad—I went after her, but could not find her
—put the shilling into the scale drawer, by itself—I had marked it with nitric acid to test it—I afterwards gave it to the officer—on 13th Oct. the prisoner came again, about 6 o'clock in the evening—she asked for half an ounce of peppermint lozenges and 1d. worth of pills—they came to 2 1/2 d.—she paid with another shilling—I found it was bad—I walked round the counter, stopped her, and sent for a policeman—I gave him the two shillings.
Prisoner. Q. How can you swear it was me that came into the shop on the Tuesday or Wednesday? A. I know you by your face—you were dressed in black the first time—the second time you were dressed in colours—I knew your face immediately.
Prisoner. I went into the shop on the Friday evening; I never was in the shop before in my life.
GUILTY . Aged 21.— Confined six months.
PLEADED GUILTY . Aged 20.— Judgment Respited.
MR. ELLIS, JUN., conducted the Prosecution.
I was there on Saturday evening, 7th Oct.—the prisoner came, about half past 8 o'clock, and asked for half an ounce of tobacco—he gave me a half crown—I examined it, and found it was bad—I bent it in a detector—I had it in my hand—the prisoner took it, and gave me a shilling, and that was bad—I bent it, and told him it was bad—I called my mother, and I noticed the prisoner put his hand to his mouth—my mother asked him where the half crown was—he could not speak at first—as soon as he could speak he said he did not know where it was—a policeman was sent for—the prisoner then said he would pay for the tobacco, and he gave me another shilling, and that was bad as well as the first—I gave the first shilling to my mother, and she gave it to the policeman—the policeman took the second shilling from the prisoner—the prisoner was searched in the shop—he was very violent.
ALICE PRICE . I am the mother of the last witness. I recollect being called into the shop on 7th Oct, about half past 8 o'clock—the prisoner was there—my daughter showed me a bad shilling—she told me that the prisoner had tendered her first a half crown which was bad—I asked the prisoner what he had done with the half crown—for some time he could not answer—at last he said, "Ah, where is it?"—I noticed that he appeared to have something in his mouth, and he made a gulp, and seemed to swallow something—I said, "You have swallowed it"—he then tendered another shilling, which was bad—the policeman took that off the counter—my daughter gave me another shilling, and I gave it to the policeman—I think the prisoner was rather intoxicated.
CHARLES BROWN (City policeman, 654). I was sent for—I saw the prisoner in the shop, and the two witnesses—this shilling was shown to me by Mrs. Price, and the prisoner tendered a second shilling in my presence—I
found it was bad, and took possession of it—Mrs. Price told me the prisoner had tendered a bad half crown first, which she believed he had swallowed, and then he tendered another shilling—I searched the prisoner, and found on him ten good shillings, and 4 1/2 d. in copper—the prisoner was very violent; it took three constables to search him.
Prisoner. I got change for a half sovereign, and was not aware there were any bad shillings; I deny having given her a bad half crown; I never had one; I have been in the habit of going to the shop the last two years for tobacco.
GUILTY . Aged 22.— Confined Four Months.
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.
WILLIAM FRESHWATER . I keep the Fir Tree, in Church-lane, White-chapel. On Saturday night, 9th Sept, the prisoner came for 1 1/2 d. worth of gin; she gave me a shilling—I gave her 10 1/2 d. change, and put the shilling into the till—there was no other shilling there—I afterwards saw the barman take that shilling out of the till—I examined it; it was bad—I put a mark on it, and afterwards gave it to the officer—on the Saturday afterwards, the 16th, I saw the prisoner again; she asked for 1 1/2 d. worth of gin, and gave me a bad shilling—I closed the door and called the barman, and sent for a constable—after the door was closed, the prisoner said, "I have given you a shilling; I want 10 1/2 d. change"—I said, "You shall have it, but I had no change"—she said, "A large establishment like this, and send out for change?"—I said, "It happens so sometimes"—the policeman then came, and the prisoner was taken—I gave the shillings to him.
ROBERT YATES . I am barman to the last witness. I examined the till on the night of 9th Sept.; I found one shilling there, and no more—the shilling was bad; I put it between my teeth, and bent it, and gave it to my master.
Prisoner. I only passed one on the Saturday; I was not there before.
GUILTY . Aged 26.— Confined Six Months.
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.
WILLIAM MARTIN . I am barman at the Queen's Head, in the Strand. On 11th Oct. the prisoners came to the house, and asked for half a quartern of gin and spruce; it came to 2d.—I believe it was Thompson paid me with a counterfeit shilling—it was about half past 9 o'clock in the evening—the prisoners were both together—I cannot recollect whether they drank the liquor—I tried the shilling with my mouth; it broke into three pieces—Thompson took one piece, I took the other two—I sent for a constable, and gave him the two pieces—I did not give the prisoners into custody.
Thompson. Q. It was not you; it was a fair young man I gave the money to? A. No; it was me you gave it to.
JOHN FENN (police sergeant, F 27). I was sent for on the evening of 11th Oct; the two prisoners were there—the last witness gave me two pieces of a shilling—he said Thompson gave it to him for half a quartern of gin and spruce—he did not give the prisoners in charge.
HENRY EDWARD STREET . I keep the Prince's Head, in Buckingham-street, Strand. Thompson came there with a man on the night of 11th Oct.; they called for half a quartern of gin; Thompson gave me a counterfeit shilling—I said it was bad—I broke it, and she gave me a good one—I thought I would throw the bad shilling away—I went out to see if I could see a policeman, and saw Drury waiting opposite the next door—I had seen her pass, while Thompson was in my house—I desired a friend of mine to go and watch Drury, and soon afterwards she was brought in—the man was then gone—both the man and Thompson had got outside, and Thompson said to me as I was standing at the door, "Give me the shilling back"—I said, "Come in, and you shall have it"—she came in and the officer came, and brought in Drury and the man—the man was discharged.
CHARLES THOMAS WALLIS . I am a surgeon. I was at Mr. Street's on the night of 11th Oct.; I went in the street to watch Drury; she was standing by the milk shop door—she went away, and walked across the Strand to the Lowther Arcade—when she got to the electric clock, a man joined her, and held a minute's conversation with her—it was the same man who had been in the shop with Thompson—the man then left Drury—I got an officer, and gave them both into, custody—I went back with them, and found Thompson in the house.
JOHN FENN (policeman, F 83). I was on duty in the Strand—I was called, and took Drury and a man into custody—I went to Mr. Street's, and found Thompson there—I took them into custody; I produce the pieces I received from Mr. Street.
THOMPSON— GUILTY . Aged 23.
DRURY— GUILTY . Aged 25.
Confined twelve months.
COURT.—Wednesday, October 28th, 1854.
Before Lord Chief Baron Pollock and the Third Jury.
MESSRS. BODKIN and GIFFARD conducted the Prosecution.
SETON LAING . I am a colonial broker, carrying on business at No. 39, Mincing-lane. In July, 1853, I had Mr. Campbell as a partner—I was acquainted with the defendant at that time, and about 15th or 16th July, 1853, I had a communication with him respecting the advance of some
money, at His counting house, in Birchin-lane—the sum he required in the first instance was 40,000l.—he was to take it as it suited his convenience, as he brought us proper securities—the securities were to consist of warrants—in consequence of this conversation with Mr. Cole, I sent a letter on 21st July—Goodburn did not copy it—I remember its being sent perfectly well—this (letter book produced by Goodburn) is a copy of it—(Read; "39, Mincing-lane, 21st July, 1853. Messrs. Cole Brothers. Gentlemen,—We have arranged to advance to you 30,000l. for three months, on the security of spelter and cochineal, the loan to be taken up within a week, and one clear day's notice to be given, with lists of goods, and policy of insurance; interest at the rate of five per cent, per annum, and three quarters per cent, commission; awaiting your reply, we are, gentlemen, yours most obediently. For Laing and Campbell, F Goodburn")—after we sent that letter we saw Cole himself, and he agreed to the proposal we sent—he told me that he had agreed to take the money on the terms that we had mentioned in the letter, and it was stated that the securities were to consist of spelter tin, and cochineal—on 29th July, Nicholls, one of Cole's clerks, brought me these papers (produced) among others—this memorandum came with the warrants; it is in the prisoner's writing; the endorsements on the back of the warrants are in the prisoner's writing—(Read: "Tin, 1676 slabs, 56l. 14s. 3d., with '29' written against it; 1052, 32l. 9s. 1d., with '20' written against it; '721l. 14s. 3d.,' with '5' written against it—'total number of tons, 110, 19 cwt.; value, 108l. to 110l.; advance, 85l.' with 9,350l. against it; spelter, 93 tons 17 cwt 2 qrs. 8lb., at 15l.—total, 650l. Total carried out, 10,000l." Warrants read: "London, 23rd Nov., 1852. Warrant for Banca tin, imported in ship Diana, from Rotterdam, entered for C. Hanbury, by Cole Brothers, on payment of all charges—1,052 slabs, weighing, say, 32 tons 9 qrs. 20lbs.; signed, Maltby and Co., wharfingers; endorsed, Cole Brothers." "London, 30th Aug., 1852. Warrant for Banca tin, imported in the ship, Pearl, from Amsterdam—C. Hanbury, 700 slabs, weighing, say, 21 tons 14 cwt 3qrs. 5lbs., Maltby and Co., wharfingers; endorsed, Cole Brothers")—On the receipt of these, I caused a cheque to be prepared for 10,000l.—this is it—(produced)—(This was a cheque for 10,000l. dated 29th July, 1853, Crossed Glyn and Co., drawn by Laing and Campbell, on Martin and Co., and payable to bearer)—Glyn and Co. were the defendant's bankers—I gave that to the clerk who brought the goods—the cheque has been returned to us by our bankers—we advanced that money on the faith of goods represented by these warrants—in consequence of some information I received in the course of the present year, I made an effort to obtain possession of the goods represented by those warrants—I gave directions to our clerk, Goodburn, and afterwards received a communication from him, and from Messrs. Lucy and Son, the lightermen, in consequence of which, I wrote a letter to the defendant—this (produced) is a copy of it—(This letter was dated 24th May, 1854, from Laing and Campbell, to Cole Brothers, and stated, that unless possession of the goods at Hagan's wharf was given at once, Messrs. Laing would be obliged to apply to the Lord Mayor for a summons against the wharfinger)—I went to Maltby's warehouse and Hagan's wharf on the afternoon of the same day on which I wrote the letter—I saw Maltby, but was refused to see any goods, such as are described in the warrants—afterwards, on the 26th, I went to Cole himself, and applied to him to be permitted to see the goods mentioned in the warrants—I told him that I had been down to the wharf, and that Maltby, by his order, positively refused to show me the goods, and said he had received orders from
him to show them to nobody—he told me that one of our clerks lad seen the goods already, and there was no occasion for me to see them—within a day or two of that conversation, I called on him again, in consequence of some information I had received, and expressed my opinion that the warrants were not genuine, and wished him to give us others—he said that they were genuine, and that I need not be alarmed about it, for he knew that the goods were all lying at Hagan's wharf.
Cross-examined by MR. EDWIN JAMES. Q. When did the transactions with the prisoner commence? A. About April, 1852, I think—I should think we received on his account, between July and Dec 1853, quite as much as 106,000l. by sales of goods on his account—we were acting for him as brokers—we had a large number of wharfingers' warrants in our hands—the defendant's transactions with us were very large—we may occasionally replace warrants on which advances have been made, by others, but not generally—his clerk did not afterwards come to us to get from us the quantities of goods specified in the warrants—I attended to the matter myself—our clerk did not, that I am aware of, take out for the defendant, and furnish him with the quantities of goods specified in the warrants—it was about 24th May, 1854, that we made the inquiry whether the goods were there—I do not know Groves, the wharfingers—I do not know that they had two wharfs; Hagan's Sufferance wharf and the Platform wharf.
MR. BODKIN. Q. Of those warrants deposited with you, have you got any here? A. No; but the attorney has got them in the other indictment—these (produced) are three of the warrants which were deposited with me.
MR. E. JAMES. Q. Are those warrants a portion of the transaction of 106,000l.? A. Partly—we have not actually realised them.
MR. BODKIN. Q. Can you remember when it was that these warrants, beginning with the first, were deposited with you? A. Part of them on 26th July, and part on the 30th, I think—they are part of those deposited with us as the basis of this arrangement for 30,000l.—I went to Hagan's wharf, and the wharfinger refused to show me the goods by Cole's order; that was about 24th May—we have found no goods up to this moment corresponding with these warrants.
MR. E. JAMES. Q. Do you mean to represent that these warrants are part of those included in the 106,000l.? A. I do; we have not sold the goods, they were never in existence—we have not received goods to that amount; the loan has never been paid—I have not been to ascertain whether there were any goods on 27th Nov., the day the warrants were issued, but our clerk did—this warrant was indorsed to us at the time we lent the money; it is not indorsed by Cole, but by the importer.
MR. BODKIN. Q. Was it lodged by Cole with you? A. Yes—it was endorsed by the importer to us at the time it was given to us—I will swear that at that time the goods were not there.
SAMUEL GOODBURN . I am clerk to the prosecutors, and have been in their employ some time. In the early part of the present year, I made inquiries at Hagan's wharf, for the purpose of ascertaining whether the goods were there, and I affected to have sold some—they were not by the Diana, or Pearl, but some others—the lightermen were Lucy and Son—I went and saw Mr. Lucy, and gave him permission to obtain the goods—these (produced) are the two warrants that I handed to Lucy and Son to obtain possession of the goods (These were warrants for spelter, endorsed by the defendant)—Lucy and Co. did not obtain the goods; in consequence of which
I went with their foreman to the wharf, on 20th May, and saw Maltby, but did not obtain the goods—I reported to Mr. Laing the reasons that Maltby stated for not giving up the goods—on that occasion I demanded to be shown the goods—this plan (produced) correctly represents the premises; the part coloured red are warehouses or sheds, in the occupation of Mr. Maltby, and the dwelling house adjoins it—there are two ranges of ware-houses on each side of the wharf, which are coloured yellow; the goods were in one of these warehouses, painted yellow, of Messrs. Grove and Sons—I took in a list of goods of which we had warrants; I inquired for the goods which came by the Diana and the Pearl, and Maltby showed me into Grove's warehouse, and showed me some goods—I did not know at that time that it was Grove's warehouse, and not Maltby's; Maltby told me that all the goods in that warehouse were under his charge—I offered to pay the rent, and offered him Bank notes, which he refused to take—I made repeated applications, unsuccessfully, for the delivery of those goods.
Cross-examined by MR. BALLANTINE. Q. The transaction of which you have mentioned a part was connected with the original transaction for an advance of 40,0002l.? A. The debt altogether due to my employers is about 11,000l.—that is the balance of all the transactions in which we have been engaged with the defendant—those transactions amounted, during the year 1852, to perhaps 100,000l. and in 1853, to nearly the same amount; the dealings in 1854 were very small indeed—I think we may have had goods in our possession to represent at least 200,000l.—we have, in point of fact, obtained money on goods indicated by warrants we obtained from the prisoner—these goods have not been sold, but other goods which we have sold have been obtained in this way—we have not a considerable quantity of spelter in our possession; we have parted with it—if we had kept it till now, it would not have reduced our balance considerably; it would not have fetched a great deal more money—I only knew that it was Groves' ware-house from Groves telling me—Messrs. Groves had warehouses on each side of Hagan's wharf—Maltby had the control over the goods in the lower floor of that warehouse where he showed me the goods; there was spelter there, and tin also—the spelter was not subsequently parted with; we have it now—I am quite sure that the spelter pointed out is not what we have ourselves sold since—there was 1,000 tons of spelter on the lower floor, but none on the wharf.
MR. BODKIN. Q. You have had to the extent of about 100,000l. realized on warrants deposited with you, by the prisoner, in the course of two years? A. Yes; the amount which has been advanced, and for which we found that the warrants were valueless, is about 18,000l.; but there is a balance on some of the genuine documents, which reduces that—the warrants which represent no goods amount to 18,000l.
MR. BALLANTINE. Q. How much was your commission altogether on the transaction, taking the balance to be 11,000l.;? A. I should think under 2,000l.;—there was interest also, that was according to agreement; it may have been above 3,000l.;—that was at the rate agreed—this transaction was five per cent.
CHARLES HENBREY . I am a lighterman. I know the defendant—on 15th Nov., 1852, I believe I lightered some goods for Cole Brothers, from the ship Diana, lying off Brewer's-quay, containing sixty-one tons of metal
—I find tin entered, and I believe it to be tin—1s. a ton is charged in this book (produced)—that is the wharf rate—I know Hagan's wharf; I should think that is very near a mile from Platform wharf—I have not looked through my book before I came, with reference to my evidence, but have no doubt that I lightered some goods from the Pearl; if you will give me the date I will tell you—(The witness was desired to retire to examine his book, and to be ready to answer the question when re-called).
THOMAS GROVES . I am in partnership with my father and brother as wharfingers, at Platform wharf, Rotherhithe; we have also two warehouses at St. Saviour's Dock, which are indicated by the parts coloured yellow in this plan. I have got our books here—on 19th and 22nd Nov., 1852, we received 1,053 slabs of tin marked A, and 1,038 slabs of tin marked B, on account of Cole Brothers—it was brought by the Diana, and lightered by Henbrey—on the receipt of that tin we issued seventy warrants for it; these are them, these two packets (produced)—I took them to Cole Brothers' counting house, and the clerk, Nicholls, gave me this receipt for them—(read: "24th Nov., 1852. Received of Messrs. Groves and Sons, 70 warrants of Banca tin per Diana. Cole Brothers, per W. Nicholls")—the 1,053 slabs marked A, and 70 marked B, were delivered to Henry Gray, jun, on 13th Dec., to the warrants properly endorsed—I do not know the defendant's writing—(MR. LAING here stated that the endorsements on these warrants was in the writing of the defendant)—of the 1,038 slabs marked B, 100 were delivered to Carrie and Co. on Aug. 12th, 1853; others were delivered on subsequent dates, which exhausted the quantity, 1,038—they were delivered on these warrants—I have nothing to do with Hagan's wharf—the tin I have been alluding to was landed at Platform wharf—at that time the Banca tin was liable to duty; it was landed in bond—we have nothing to do with this part of the wharf at St. Saviour's, which is coloured pink; but we have a right of way over that part from this warehouse to the gate, and also across the wharf, and from one warehouse to the other—bonded flour can be landed at that wharf, but bonded tin cannot—on 23rd July, 1852, we received 700 slabs of tin from Maltby, on account of Cole Brothers—it was free tin, and was placed in this warehouse, and we issued our warrant for it; this is it (produced)—this warrant was brought in by Pickers-gill and Co. in July, 1854, and a new warrant was granted to them in its place—I am not sure whether that new warrant is still out; it was until very lately—we have part of the goods still; we hold them on account of John Pickersgill.
Cross-examined by MR. E. JAMES. Q. Give me the date when you first delivered any of this tin out of the Diana upon any warrant? A. Aug. 12th, 1853—the tin was all there up to 21st July—I have no receipt from Maltby for the 2,091 slabs from the Diana—I have a receipt from Nicholls—Maltby told me that the tin was coming down to us; we always considered him as Cole Brothers' agent—we did not give him a receipt; we gave it to Cole Brothers—we had no voucher that I am aware of; I have none here—I am speaking of the same tin that Henbrey brought, the 2,091 slabs—I have not a receipt from Maltby for it, as well as from Cole Brothers; I am quite sure about that—we had two receipts from Cole Brothers' office, and we could not want another—we have not got any of the slabs from the Diana remaining—we have some from the Pearl.
MR. BODKIN. Q. Had Maltby any control over the lower floor of your warehouse, or any part of your premises? A. None whatever.
merchants, in the city of London. Our place of business is in Warnford-court, Throgmorton-street—we were in the habit of giving our acceptance occasionally to Cole Brothers on the security of warrants—this (produced) is their letter of 4th May, addressed to us—we received it on 4th May in the present year—it is in the prisoner's writing—(read: "May 4, 1854. Messrs. Pickersgill and Sons. Dear Sirs,—We beg to advise our draft at four months' date for 2,000l., and to request you to deliver to bearer 40 tons Banca tin, giving our cheque herewith, for which we will send you securities this afternoon. Yours faithfully,—Cole Brothers")—the warrants that were asked for in that letter, were delivered, and others given in exchange—the warrants which were in our possession referred to sundry parcels of tin; the first is 11 cwt. 1 qr. 2 lbs. by the Batavier; the next is 14 tons, 16 cwt 23 qrs. by the Rainbow.
Q. Do not go through them; did any of the warrants in your possession, when you received that letter, refer to tin by the Diana or the Pearl? A. Yes; there was a small parcel of sixty slabs by the Diana—these warrants were deposited with us at different times—the next warrant relating to the Diana was deposited with us on 12th April, 1854, but that remained at the London Docks, and could not apply to this—we did not return all the warrants on the receipt of that letter, only some of them—we received in exchange warrants for twenty-seven tons of copper, and a quantity of Straits and Banca tin—the only warrant alluding to the tin in this indictment, is 21 tons, 15 cwt., 2 qrs. of tin by the Pearl, 700 slabs—this is it (produced).
JOHN CUNFLIFFE PICKERSGILL continued. I have got the date of it, the 5th or 6th May this year; but it goes through the counting house before it comes into my possession—(This warrant was for 700 slabs of tin imported in the Pearl from Amsterdam, by Messrs. Cole Brothers, on 23rd July, 1852, deliverable to Messrs. Cole or assignee on warrant, on payment of landing and all other charges from the date of the warrant. Signed, "Thomas Groves and Son, July 24th, 1852, and endorsed, Cole Brothers")—this is the endorsement of Cole Brothers.
Cross-examined by MR. BALLANTINE. Q. You have transactions to a very large extent? A. Yes; we have done business with Cole Brothers to the extent of half a million—those transactions have always been honourable and straightforward; there have been things that we have had to complain of, but I know nothing that has been wrong—we have not got a warrant for the tin by the Diana—here is a warrant dated 16th Dec, 1852, for 65 tons, 4 cwt., 2 qrs. of Banca tin from Groves' wharf, which I received from Davidson and Gordon—we have examined these, and that is the reason I can speak to them—they all appear to be endorsed by the prisoner—I believe we have shipped the last of the goods in these warrants.
Cross-examined by MR. CLARKSON. Q. The Diana performed regular voyages? A. Yes; I believe she is a regular trader.
COURT. Q. What is the time of the voyage? A. Two or three days; perhaps four from Rotterdam; they are screw steamers, and they run very often—the Diana is not a ship of ours.
HENRY GRAY . I am a lighterman. On 13th Dec., 1853, I received from Groves and Son, 1,128 slabs of tin at Platform wharf, by order of Messrs. Pickersgill—that number included those by the Diana—this (produced), is one of the warrants given to me by them—our course would be
to send the warrants to Platform wharf, and to send our cart next day and receive the tin.
WILLIAM CROSSFIELD . I am clerk to Marten and Thomas, solicitors; they are concerned for the owners of Hagan's wharf; this (produced) is their lease—I am the subscribing witness to it—it was granted on 30th Aug., 1850, to James Edward Cole and George Harriss de Russett—I did not prepare the bill for the expenses of this lease.
Cross-examined by MR. CLARKSON. Q. Does Hagan's wharf consist now of what Hagan's wharf consisted when this lease was granted; are the premises the same or have they been subdivided? A. They are the same.
MR. BODKIN. Q. Do you know whether Cole the lessee is the brother of the prisoner? A. I do not.
GEORGE JOHN GRAHAM . I am official assignee in the defendant's bankruptcy, in that character all books and papers came into my possession—I found these counterfoils of cheques upon his bankers (produced)—here is one of 28th Oct., 1850, for 34l. 12s. 6d.; "paid to Marten, Thomas; and Co.'s bill for Hagan's-wharf"—I do not know the defendant's writing—on 19th Nov. in the same year, I find the counterfoil of a cheque for 65l., "Maltby and Co., paid rent at Hagan's wharf till Michaelmas."
JOHN BRADY . I was in charge of the premises coloured pink in this plan, called Hagan's wharf, before Maltby came there, which was in 1850—Mr. James Cole was there before him; he put me in charge of the place; I believe he is the brother of the prisoner—I did not take any account, but to the best of my belief he acted there a month or so before Maltby came—I remember Maltby first coming there, Mr. James Cole came with him—I never saw the prisoner there to my knowledge—I received the keys from Mr. James Cole—before Maltby came I went up to the City, to receive my money at Coles Brothers—I saw Mr. James Cole for perhaps the week after Maltby came, he ceased coming after that, and Maltby had the management—after I had been with Maltby sometime we disagreed, and I wished to go away; I gave notice to Maltby, but to nobody else—in consequence of something that Maltby said, I went to Coles Brothers and saw the prisoner; he asked me the reason of my leaving—I told him I could not agree very well with Mr. Maltby, and that I thought it better that I should leave; he expressed himself sorry that I should leave, and asked who was in possession of the wharf—I told him that Mr. Atkins was looking after the place, and said that if I had thought that he had anything to do with the premises I should have come and let him know; he said that he was not individually concerned in it—he did not tell me who the owner of the wharf was—I had left then, having given notice to Maltby, and I told the defendant that Maltby wished me to come there and see him about it—I went there, because Maltby desired it—I mean to say, that the prisoner used the word "individually."
CHARLES DANIEL . I am clerk to Mr. Hamel, the solicitor of Customs. I produce a bond from the office, given by Mr. Maltby, dated 14th Dec, 1853—without a license of this description, a person cannot land goods liable to duty—there was no license to Mr. Maltby previous to that.
Cross-examined by MR. CLARKSON. Q. Is that the result of your personal examination; can you say from the date of this bond that that person had never been licensed? A. I cannot say that.
MR. BODKIN. Q. You come from the office of the solicitor to the Customs? A. Yes; if there had been a previous bond given by Maltby, it would, in the course of business, be deposited in that office—I have found no such bond.
MR. CLARKSON. Q. Where are they deposited? A. In the solicitor's office; there is a record kept of them, a book containing an account of them.
Q. Have you searched it yourself for any number of years, or have you set anybody else to search? A. From my knowledge of the business of the office, I can say that there is not a bond given previously by Maltby—if James Cole had given a bond it would be there, if he was the proprietor of the wharf—there had been a bond given by Groves—at the time that that was given, the premises were in their occupation—those were the premises denominated Hagan's Sufferance wharf.
MR. BODKIN to THOMAS GROVES. Q. Did you get any bond or license for the premises now in your occupation? A. I have a bond for those two warehouses, one on each side of Hagan's wharf, but for no other—I was never in possession of the other part.
Cross-examined by MR. E. JAMES. Q. Do you mean to say that there is not a receipt for Banca tin that you had from Maltby? A. I stated that there was no receipt for tin by the Diana—I have not handed a receipt to Mr. Humphreys—that is for another lot—there is no receipt for tin by the Diana but that—we were not in the habit of issuing warrants to Maltby himself—we gave him warrants for Cole Brothers, and have taken his receipt for them—for goods landed at our wharf we frequently issued warrants to Cole Brothers, but we gave them to Maltby, and took his receipt—we had nothing to do with the landing charges—Maltby had the landing charges on his own wharf, but not those that went to Platform wharf—we have issued warrants to Maltby for Cole to the extent of many thousand pounds—he took most of them, and gave us his receipt for Cole Brothers—he acted as their agent to us—he came and apprised us of the arrival of the goods by the Diana—I do not remember whether the ware-houses were full at that time—we had a warehouse on each side at that time, as well as at Platform wharf.
COURT. Q. You stated that 1,052 slabs of tin, for which you issued seventy warrants, were delivered to Gray on 13th Dec; was that in 1853? A. Yes; that is when the goods were delivered out.
COURT. Q. You cannot say you have had the warrants of the 700 slabs by the Pearl? A. It has passed in and out my hands several times—at any rate, I had a portion of the seventy warrants in Dec., 1852.
GUILTY . Aged 45.— Four Years' Penal Servitude.
(There were other indictments against the prisoner.)
MR. GIFFARD conducted the Prosecution.
GUILTY of attempting to commit a Rape. Aged 16.— Confined Four Months.
NEW COURT.—Wednesday, October 25th, 1854.
PRESENT—Mr. Ald. HUNTER; Mr. RECORDER; Mr. Ald. CARTER; Mr. Ald. KENNEDY; and Mr. Ald. ROSE.
Before Mr. Recorder and the Fifth Jury.
HARRIET ANDERSON . I am single. On the morning of 25th Sept., I was looking at some portraits in a shop window, on the other side of London-bridge—I felt a hand at my pocket, and at the same moment some coppers fell to the ground—2 1/2 d. was taken up and given to me, and I missed my handkerchief—some one picked it up, and gave it me—I did not see the prisoner.
THOMAS QUINLAND . I am colour sergeant, in the service of the East India Company. About a quarter before 12 o'clock, on 25th Sept, I was on the City side of London-bridge; I saw some persons looking at some portraits, and some coppers fell at my feet—I saw the prisoner by the side of the lady, and the handkerchief was in his hand; the coppers fell to the ground—he ran off; I followed and took him—he struck me violently, and kicked me in the groin and legs, I feel it now, and he called me all manner of names—I said I would keep him till a policeman came.
Prisoner. He struck me. Witness. No; I did not, the policeman said I ought to have done it—I held the prisoner till the policeman came—there were about 200 persons round—they would have rescued him if they could.
ANTHONY WILSON MONGER (City-policeman, 564). At a little before 12 o'clock, on 25th Sept., I was called to take the prisoner—the last witness had hold of him by the collar—the prisoner was kicking him violently, and using most dreadful language—I found 1 1/2 d. on the prisoner.
JAMES DEAN . I am a licensed victualler, at Kennington. I was coming by these portraits, with the sergeant, and saw the prisoner deliberately take the handkerchief from the lady's pocket, and the halfpence fell on the pavement—he went off, and I said to the sergeant, "That is the lad"—he went and collared him; he kicked the sergeant unmercifully, and abused him dreadfully—a policeman came and took him.
Prisoner. He does not know anything about it. Witness. I saw him do this before the sergeant took him—I was not ten yards from him.
Prisoner. I know nothing about it; I was going along, and this officer came and struck me; this man knows nothing against me.
GUILTY .* Aged 19.— Confined Twelve Months.
MR. MEW conducted the Prosecution.
SEPTIMUS FARMER . I am master of the brig Cleopatra. On 19th Oct., between 7 and 8 o'clock in the evening, I was in New Gravel-lane—I am a stranger in London—I was standing at the public house of John Robbins—the two prisoners passed me, and one came back and said, "There is a lady wants you across the way"—I went with the two prisoners to the Ship and Bell public house—I had a watch and chain with me—the watch was in my right hand waistcoat pocket, and the guard chain was through my button hole
—it was a gold Albert chain—I called for something to drink—the prisoner drank with me—M'Carthy put her arm round my neck, gave me a kiss, and I gave her another one—this occupied altogether about seven or eight minutes—after they had drunk what was on the table, a pint of half and half, a glass was broken—the prisoners opened the door, and M'Carthy said, "We will be back directly;" and they went both out together—I stopped a moment to pick up the broken glass—it had been broken by their knocking it off with one of their shawls—Bryant was on the same form at the time of the kiss—one was on one side, the other on the other, and a small table was there—I went to the bar, and missed my watch as I was putting my hand in my pocket to pay for the glass that was broken—the prisoners did not come back.
Cross-examined by MR. O'BRIEN. Q. You had only a pint of half and half at that public house? A. No; I had had none at all before, without it was a glass in the afternoon, as I was going about my duty—I think I had one glass in the afternoon—I had looked at my watch not a minute before I went into the public house, in passing a lamp post—both the prisoners were along with me—it was between 7 and 8 o'clock—I merely took the watch to look at it—I had to meet my owners that night at a certain hour—I was not longer than seven or eight minutes altogether in the public house—there was no one besides in the public house—the boy was in the bar, which is on the right hand side going in at the main entrance—the boy Samuel Reed brought the beer—this was on the Thursday evening—I left my address with the officer, and I saw M'Carthy again on the Friday evening, at the station; she was sitting there alone—I had never seen the prisoners before in my life—I saw Bryant again about 2 o'clock in the morning; I went with the officer, and he took her out of her bed.
M'Carthy. It was not me that was with you. Witness. Yes; you are the one that gave me the kiss.
Mr. Mew. Q. You say the prisoners were with you when you took out your watch; were they with you from that time till they left you in the public house? A. Yes, they never left me.
COURT. Q. How was the room lighted? A. With gas; I sat with my face towards the street when the boy brought in the beer—he came in front of me—he did not touch me at all—I put my hand into my right hand pocket, where I had a large sum of money, and took out a shilling to pay for the beer.
SAMUEL REED . I live at the Ship and Bell. On Thursday evening 19th Oct., the prosecutor came to our house, and the two prisoners—I knew the prisoners before; I am sure they are the persons—I noticed when the prosecutor came in that he had a guard going to his waistcoat pocket—there was no one in the taproom besides him and the prisoners—I took him in some beer—I left the room, but peeped through a little hole in the wood, about as large as a thimble—it was a pane that had been filled up with wood, and there was a knot out of the wood—I could see distinctly into the room—I saw M'Carthy on the left side of the prosecutor, and Bryant at the door that they went in at—the prosecutor was about two yards from the door—I saw M'Carthy put her arm round his neck, and take the watch out of his pocket—Bryant walked up to her, took it out of her hand, and put it into her breast—one of them then said, "I won't be long," and they went out of the room, and stepped up the street.
Cross-examined. Q. You saw this through a hole the size of a thimble? A. Yes; I only saw the kiss twice—I remained there about five minutes—
that was nearly all the time they were there—there was no one in the house, only my little sister, who is twelve years old—there was nobody in the house but she and I—when the prosecutor came out to pay, there was only my sister there—I saw a watch on the Thursday—it was a something I saw—at the time I did not know what it was—I afterwards heard that the prosecutor had lost a watch, and then I thought it was a watch—the first time I heard he had lost a watch, or lost anything in fact, was when he came out of the room—I knew the names of the prisoners before—if I had seen them take the watch I would have gone in and told Mr. Fanner.
M'Carthy. If you saw me take the watch, why did not you go in and tell Mr. Farmer? you have been bribed to say this.
COURT. Q. Why did not you tell him directly he came out? A. I told my mother that he had a watch; my mother came in about two minutes after the prisoners went out—I told my mother before Mr. Farmer came out, and when he came out I told him—I have not been bribed to say this—no one has given me any money to say this.
M'Carthy. When you first saw me you said, "That is the girl; I know her by her green shawl. Witness. No, I did not—I knew the prisoners—they used to live at the top of the street—I have known them about three years—they had both of them been at our house before—I knew where they lived once.
M'Carthy. I have not been out of the north these three years. Witness. I knew them directly they came up—they used to live at Crawler's.
Cross-examined. Q. When you took Bryant, she said she was innocent? A. Yes.
COURT. Q. Did the boy Reed see the prisoners? A. Yes, the next day—he said, "They are the girls"—he did not say he knew them by the green shawl.
M'Carthy's Defence. On the Friday night I was coming up New Gravel lane, and the policeman touched me and said, "I want you;" I said, "What for?" he said, "On suspicion of a watch;" he took me to the boy, and said, "Is that the girl?" and he said, "No, it is that girl with the green shawl;" the Magistrate said, "I don't see that we can do anything;" and he said to the boy, "What did you see?" he said, "I saw her take a watch and chain, and give it to this girl, and she put it in her bosom;" this boy has been bribed to say what he has said; he said first that he saw something, and then he said he saw the chain; if he saw the chain, why did not he come and tell?
M'CARTHY— GUILTY Aged 19.— Confined Six Months.
BRYANT— GUILTY . Aged 19.— Confined Four Months.
MR. O'BRIEN conducted the Prosecution.
MARY ANN CLARKSON . I am the wife of Edwin Clarkson, and live at Tottenham. The prisoner lived in my service about three weeks—in consequence of missing some articles, I spoke to her and her two fellow servants, and requested them to allow me to search their boxes—I had missed two or three petticoats, several handkerchiefs, and a knitting case—what made me speak to my servants was, I found some stockings of my daughter's in the servants' room which had been worn.
COURT. Q. During the three weeks that the prisoner was in your service,
can you mention any specific thing that you missed? A. No, I cannot—I had several bad servants with me.
MR. O'BRIEN. Q. On what day was it you spoke to the prisoner about permitting you to search her box? A. On Saturday, 16th Sept.—I said, "Esther, I hope you will allow me to search your box;" or rather, as I did not wish to touch her box myself, I wished her to show me what she had got in her box—she refused—I think she said, "No, I will not; I never was asked such a question by any mistress"—I sent for a policeman the game afternoon—he came about 6 o'clock—I had had the conversation with the prisoner a little after 2 o'clock, I think—when the officer came I went with the prisoner and the other two servants to her room—the policeman did not go till the prisoner had opened her box, and I saw some of my things in her box—I had left him down stairs—the prisoner knew that he was in the house—the servants did not all sleep in that room; the prisoner and the nursemaid slept there—the nursemaid's box was opened first—I think it was not locked—the prisoner's box was locked—she opened it herself, and I found in it a night shirt belonging to my father and one belonging to my son, a petticoat belonging to myself, and one of my daughter's; three handkerchiefs belonging to another daughter of mine, and a knitting case—they are all here—some of the things are marked with the initials of the person to whom they belong—the value of the whole is about 1l.—my own petticoat is new, and one new petticoat was cut out and made, not for my daughter.
Cross-examined by MR. SLEIGH. Q. This girl only lived three weeks in your house? A. No; I had a character with her from the lady with whom she last lived—it was an honest character—I had missed things previous to this girl coming into my employ—I think it was about half-past 3 o'clock when I first asked her to allow her box to be opened—I sent for the officer about 6 o'clock in the evening—I did not place the prisoner under any restraint during that time, but her room was not left—either one of my daughters or one of the servants was in the room—I do not know that there was a serious quarrel between the nursemaid and this poor girl, and that the nursemaid threatened that she would serve her out before long—I think there had been a few words between them, but I do not know what.
Q. That nursemaid is still in your service? A. No; the one that I believe there had been a few words with is—she had been housemaid, and was afterwards nurse—I dismissed her because she was not servant enough for me; she was not strong enough—her name is Harriet Brook—she has not gone into service since—I know her relations—I could find her—neither of my servants are here—the prisoner was indignant at the proposition of searching her box, but when the policeman came she offered me the key—I said I should prefer her opening it herself.
MR. O'BRIEN. Q. Who was in the room when these things were found? A. Both the other servants—the prisoner did not say anything to me when these things were found.
MR. SLEIGH. Q. Did she not say something to the policeman? A. Yes; as soon as a few things were found, I sent for him, and he asked her what she had to say to it—I forget the words she said exactly, but she said she must take the consequence of it—he asked her what account she gave of it—I cannot recollect what she said at first, but she said, "I must take the consequence"—she did not say she could not account for how they got there, and that she was perfectly innocent—she did not say anything about their having been put there.
JOHN TURNER (policeman, N 82). I was sent for to the house on 16th Sept—I was left below, while Mrs. Clarkson and the other young woman Went up stairs—I do not know where they went—a night shirt and some other things were found, and I was sent for, and went up stairs—I saw the remainder of the box searched—I stood close by, while the things were taken out—the prisoner herself took them out—there were three handkerchiefs taken out, a night shirt, and some new linen, or something for petticoats, I believe it was—they were placed in different parts of the box—the box contained, besides these articles, different articles of wearing apparel belonging to the prisoner—I made some remark when I went in, "What have you to say to this?"—she said, "I don't know, Sir; I have done it, and I suppose I must put up with the consequence of it"
COURT. Q. "I have done it;" did you give that account to the Magistrate A. I did.
MR. O'BRIEN. Q. Was anything said about two keys to the box? A. Not till she was before the Petty Sessions, at the Angel—on the second time she was before the Magistrate, she made that, statement—all the articles are here.
Cross-examined. Q. What did the girl say? A. "I don't know, Sir; I have done it, and I suppose I must put up with the consequence"—she said those words, and I stated that before the Magistrate—she did not at that time state that she did not know how the things came in her box.
Q. You understand me, I hope; when you took her into custody on this charge, did she not say she did not know how the things came in her box, but she supposed she must put up with the consequences? A. I did not hear her say anything of the kind—I did not hear her say she did not know how the things came in her box; that I swear—I was examined before the Magistrate—my examination was read to me—I signed it—this is my writing (looking at the deposition).
The deposition was here ready as follows: "On Saturday evening last, about 6 o'clock, I was sent for to the house of Mr. Edwin Clarkson, when the prisoner Esther Bayford was given into my custody, and I saw several of the articles I now produce taken from her box, she having previously given up the key—the prisoner said she did not know how the things came in her box, but she supposed she must put up with the consequences."
Q. Now which statement is true; you have stated to-day that she did not make use of the words, that she did not know how they came in her box; you stated before the Magistrate that she did; which is true? A. She did say, "I don't know, Sir; I have done it, and I suppose I must put up with the consequences."
The prisoner's statement before the Magistrate was here read, as follows:—"I have two keys to my box, and I had lost one of them for two or three days; I suppose some person must have put the things into my box, as I know nothing of them, and am innocent of the charge made against me."
COURT to MARY ANN CLARKSON. Q. You said that between the time when you asked the prisoner to let her box be examined, and the policeman coming, her room was never left? A. Yes; I did not remain in the room myself; but either one of my two daughters, or one of the other servants was always up stairs—I gave directions that the room was not to be left—I had a housemaid, and a nursemaid—I do not think the room was left—some of these handkerchiefs are new—this is my petticoat, I had never worn it—it was kept in a box in a room—this other one is not made, it was cut out—it was in the same box.
NOT GUILTY .
MR. MEW conducted the Prosecution.
WILLIAM ROADKNIGHT . I am a farmer, and reside at Hillingdon, The prisoner was in my service. On Thursday, 12th Oct., I sent him to London with a load of hay, for sale—his instructions were to make the most he could of it—when he came home I asked him how much he had made of it and he said 4l.—he had no hay in the cart when he came back.
Cross-examined by MR. SLEIGH. Q. How long has the prisoner been in your employ? A. About five months; I have heard that he was in Mr. Clark's employ before—he went with my horse and cart to London, and did anything on the farm with the horse and cart—I have other persons in my employ—I have no person whose special duty it was to sell on my account—it was not the duty of any one to go out and collect the money due to me, unless specially directed—the prisoner had frequently sold for me before to various persons—I dare say he had received as much money as this, or more, on various occasions—when he sold hay on former occasion! I expected the money when he came home—he might have accounted to me for the money he received at the next convenient opportunity if I were in town—it has not happened that he has not accounted for several days—it may have been the next morning—he paid me this money when he came home on the Thursday—he said he made 4l. of the hay, and he paid me that 4l.—he was taken into custody on the Saturday—when I sent the prisoner with the hay I told him if he could not get more than 4l. for it, to take it, but not to take less—I did not say I should be satisfied if he brought me 4l.—I did not speak to him at all about the 4l.—he was not spoken to at all till he was before the Magistrate.
MR. MEW. Q. Was it the course of his duty, if he received 4l. 4s., to bring you only 4l.? A. No; I did not authorise him, if he got more than 4l., to keep the remainder.
CHARLES GRIFFITHS . I am a cow keeper, and live in Ranelagh-street, Pimlico. I purchased a load of hay of the prisoner last Thursday week—I paid him 4l. 4s. for it—I saw the name of Roadknight on the cart—I wrote a letter to Mr. Roadknight.
Cross-examined. Q. Have you had hay on former occasions of Mr. Roadknight? A. I had one load on the Thursday before, for 4l.; I paid the prisoner that money—I told him I should want another load shortly—I complained that the hay was rather dark, and he said he would bring me a better load—I did not tell him I would not mind giving him something for himself—on the former occasion I gave him 2d., as I always did—I did not on this occasion promise him anything, nor did I give him anything, only the 4l. 4s.
COURT. Q. You said you always gave him 2d.? A. There was a dispute about two trusses which were in the cart, which I believe belonged to me, and which I still think belonged to me.
RICHARD ROADKINGHT (police-sergeant, T 11). I took the prisoner into custody on Sunday, the 15th—I told him I wanted him about two trusses of hay, and that he was also charged with receiving 4l. 4s., and only taking 4l. to his master—he said he had received 4l. 4s., and only gave his master 4l. and he was very sorry for it.
Cross-examined. Q. Did he not say that he intended to pay him the 4s.? A. No, he did not mention that; he said he had been a good master to him. (The prisoner received a good character.)
GUILTY .—Recommended to mercy by the Jury and the Prosecutor.— Confined One Month.
MR. SLEIGHT conducted the Prosecution.
JAMES JOSEPH MOORE . I am master of the brig Ytham. In July last I was at Leghorn—I had amongst my crew Alfred Audsley—he was about twenty years old, and was an ordinary seaman—the prisoner was an apprentice—I left Alfred Audsley in a hospital at Leghorn—I am not aware that he is in England now—I was on board the ship at the time of this occurrence—I saw him bleeding very profusely—I took him and dressed him as well as I could, and took him to the hospital—I have had an account since of his getting better—there was no ill feeling between the prisoner and Audsley—I believe they were on good terms.
COURT. Q. How did you stop the bleeding? A. With lint and bandage—I have a book of instructions what to do when I have no advice.
WILLIAM BROWN . I was cook on board that vessel. I remember on a Friday evening, at the latter end of July, seeing the prisoner and Audsley at the forecastle—the prisoner was sitting on the edge of the bucket eating his supper—there were other sailors close to him; I was close to him—I observed that the prisoner's trowsers were torn in front—some of the men, and amongst them Audsley, joked the prisoner about the state of his trowsers—I did not see Audsley lay his hands on the prisoner, but I believe he did—I said to the prisoner, "Never mind, boy"—Audsley teazed him very much—the prisoner had a knife in his hand, eating his meat—I saw the knife in his hand; I did not see him do anything with it—I did not leave the forecastle—I heard Audsley scream out; I ran along the deck, got hold of him, and found him bleeding from the thigh—I did not see where the knife was at that moment—the prisoner was sitting on the bucket, the same place where he was before—Audsley ran about the deck, and said, "Master, master, I am stabbed!"—the prisoner went down below immediately after, and went to bed—he was not put under arrest—he was not taken on shore that day; he was very soon afterwards, but I do not know on what charge—I was examined before the Consul, on board the ship—I cannot say whether the charge was made against the prisoner, that he had stabbed Audsley—I was on the forecastle when he was stabbed, but I did not see it—I believe Audsley and the prisoner were on very good terms—the prisoner was very much provoked before the wound was inflicted.
WILLIAM BOLAS . I am an inspector of the Thames Police. The prisoner was given into my custody—I told him that he was charged with a very serious offence—he said, "It is true, I did stab the boy Audsley; he caught hold of my person."
GUILTY of unlawfully wounding. Aged 18.—Recommended to mercy by the Jury, on account of the serious provocation he had received.— Confined Four Days.
(The Captain stated that he had been a well conducted lad, and that he would take him on board the ship.)
MR. POLAND conducted the Prosecution.
JOHN EASTON . I am agent to Messrs. John Stanton and Son, of Trowbridge; my office is at No. 19, Basinghall-street. I remember the prisoner corning there on 18th Oct.; he brought this order—(read): "Messrs. Stanton and Son, Basinghall-street; please to give bearer fourteen yards of black
deer skin at 5s. 9d. or 6s. E. Palmer and Son, 128, Borough"—I said to him, "My man is not in at this moment"—he asked if he would be long—I said, "Probably he is coming"—I went to the door, saw a policeman, and told him my suspicions about this order; the prisoner ran out at the door—I think he had heard what I said to the policeman, for I had called the policeman in, and we had passed the prisoner, leaving him nearer the door than we were—the policeman overtook the prisoner, and brought him back, and he took him to the station—I followed them a few minutes after—I heard the prisoner say something.
MR. DUNCAN. Q. Did the policeman speak to the prisoner, or did the prisoner volunteer to speak to the policeman? A. The prisoner was asked by the inspector what he had to say—the inspector did not hold out any promise to him whatever.
MR. POLAND. Q. What did the prisoner say? A. The inspector asked him what he had to say, and he said that the order was given to him by a young man named Marshall—he was requested to write his name and address on a piece of paper—he did so, and the inspector looked at it—the prisoner then said, "I admit I wrote this order, but I was prompted to it by Marshall."
Cross-examined by MR. DUNCAN. Q. You are the London agents for Stanton and Son, of Trowbridge? A. Yes—I do not know Marshall, but I believe Mr. Palmer had a person of that name in his employ, who is not there now—he has not been to my place to receive goods—my goods are always sent—he may have been there to order them.
Cross-examined. Q. You had a person named Marshall? A. Yes; he has left about eighteen months, I think—he acted as porter; he had a more youthful appearance than the prisoner.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Six Months.
PLEADED GUILTY . Aged 21.— Confined Four Months.
THOMAS HOWE . I live in Coleman-street, Camberwell On 22nd Sept, I was passing over London-bridge, about 7 o'clock in the evening—there was a crowd there—I had a watch in my right hand waistcoat pocket—I had seen it last when I was in Wood-street, Cheapside, about ten minutes before—it was attached to a silver chain round my neck—I went into a crowd, and felt a pull at my watch; I put my hand down, and caught hold of the prisoner's wrist at my pocket—the chain was not injured—the watch had gone out—I caught his wrist, and he put his hand behind him with something—there were three or four young men behind him, about his own age—I seized him by the collar, called a policeman, and said to him, "He has got my watch"—the prisoner said, "No, I have not."
Prisoner. Q. You say I passed something behind me? A. Yes, you did; I could not see what it was, but your hand was shut—I caught your hand by my waistcoat pocket.
COURT. Q. Had he put his hand in your pocket? A. That I could not say; his hand was near my pocket—I missed my watch, and his hand was close.
Prisoner. There were more persons standing round as well as me. Witness. There were a great many other persons, but none so close to me as you.
CHARLES HARDING . I am a warehouseman at No. 6, New Leather Market, Bermondsey. On Saturday evening, 22nd Sept., a little after 7 o'clock, I was on London-bridge and saw a crowd—I stopped, and saw the prisoner in the act of putting his hand behind him—I heard him say twice, "There! there!"—I could not see what was in his hand.
Prisoner. Where were you standing? Witness. At your elbow—I did not see anybody take anything from you.
COURT to THOMAS HOWE. Q. What sort of a watch was yours? A. I believe what they call a lever—it was a small sized silver watch—a man could hold it in his hand without any one seeing it.
GUILTY . Aged 20.— Confined Six Months.
MR. PARRY conducted the Prosecution.
CATHARINE HUNTER BISHOP . I am the wife of Stephen Bishop, of No. 11, Red Lion-square; he is a draper and silk mercer. On Monday evening, 17th July, I went to bed about half-past 1 o'clock—I had seen the house fastened at half-past 11 or 12 o'clock—about 7 o'clock on the morning of the 18th my servant spoke to me, and I found that the shop door was open and the street door only on the latch—the back parlour window was open and the blind pinned up, not drawn—there is a door from the shop to the back parlour—the lock of that door had been forced, so that the thieves must have come in at the back window—I missed property to the amount of between 300l. and 400l.—a large amount of silk handkerchiefs were missing—this is one (looking at it); this is one that I missed—I know it by the corner where the gum ticket was on, and that has been removed, and likewise by its being the outside handkerchief of the piece—the handkerchiefs were in a piece, and this was the outside one—I had folded that piece of handkerchiefs on the Saturday night, and there were two marks down the sides of this one, which I pointed out to the policeman—it was perfectly new, and the marks were fresh—I cannot distinguish those marks so plainly now—they were distinguishable when I saw this handkerchief at the station on the night of the 18th.
STEPHEN BISHOP . I am the husband of the last witness, and I live in the house. I have not the least doubt that this is one of my handkerchiefs—I always put a gum ticket on the side of the handkerchiefs, which is an unusual thing; and that has been removed—they are generally pinned on—here is where the ticket has been taken off—when I saw this handkerchief last it was in a drawer under the counter in my shop, with many others; I do not know how many, I think nearly a whole piece.
Cross-examined by MR. SLEIGH. Q. You do not mean that no other shopkeepers gum their labels besides yourself? A. No, but I never saw it done; they are generally pinned on—I do not know any one who gums them on.
SUSAN MIDDLEBROOK . I live as servant at No. 11, Red Lion-square. On the morning after the robbery I came down about 7 o'clock, and found both the shop doors open, the parlour window open, and the blind rolled up and pinned—a number of lucifer matches were lying about the table—the street door was unfastened, but the door was shut—the door leading from the shop to the parlour was wide open—I saw that it was shut and locked the night before—two drawers in the shop were open, and a great many goods were gone.
WILLIAM SMEE (policeman, E 110). I went to the house No. 11, Red Lion-square, on the morning of the 18th—I examined the premises, as the house had been broken open—I made inquiries, and found the prisoner, at 8 o'clock the same evening, in a crowd at a fire in Broad-street) Bloomsbury—he was in company with another person—I took the prisoner into custody, and gave the other person to another officer—the prisoner said, "What are you taking me for?"—I said, "I am going to take you inside the station to see if a man can identify you as being seen in a certain place at 2 o'clock this morning"—he replied, "I can prove the contrary of that; I was in bed at half-past 12; I slept in Welsh's-court, High-street, St. Giles"—I took him to the station, and found on his neck this new black silk handkerchief, and in his pocket an old handkerchief as though it had been just taken off; it was an old satin tie—I said to him, "Where did you get this?" meaning the new one I took off his neck—he said he bought it of a man in Smithfield—I found on him 3l. in gold and 4s. 6d. in silver—I sent to the prosecutor's, and Mr. and Mrs. Bishop both came to the station—Pethers, the constable, was there, and he said, "That is the man," meaning the prisoner, "that I saw with another man and a woman in front of Mr. Bishop's shop, or close to Mr. Bishop's house, at 10 minutes to 2 o'clock this morning"—the prisoner made some reply; I think he said, "No, you did not see me there"—Pethers said, "Yes, I did; I went up and spoke to you, and drove you down to the King's-road"—I showed the black handkerchief to Mrs. Bishop, and she immediately identified it—I first showed it her at half past 8 or a quarter before 9 o'clock the same evening—she pointed out a mark; she said she could see the folds where she had folded it on the Saturday evening—I do not recollect that she pointed out any marks down the side—she pointed to the folds, and said it was the outside handkerchief of the piece.
THOMAS PETHERS (policeman, E 167). On that morning I saw the prisoner in Red Lion-square, with another man and a woman, about 10 minutes before 2 o'clock—I went up to him, and asked him what he was doing there—he told me that I did not know him—I said I did, and if he did not get away from there I should take him to the station—I followed him from Red Lion-square to the King's-road—it was not a girl who was with him; it was a young woman.
COURT. Q. How long had you known him? A. Ten or twelve months—I cannot be mistaken in him—he was two or three doors from Mr. Bishop's.
Cross-examined. Q. What evening was that? A. Sunday evening, between 8 and 9 o'clock—I went round to see my sergeant and when I came back they were gone—I saw him with two men.
COURT. Q. Where was this public house? A. At the corner of Leigh-street and Eagle-street—it is the sign of the Crown, about 100 yards from Mr. Bishop's.
NOT GUILTY .
PLEADED GUILTY .† Aged 39.— Four Years' Penal Servitude.
THIRD COURT.—Wednesday, October 15th, 1854.
Before Russell Gurney, Esq. and the Seventh Jury.
PLEADED GUILTY . Aged 26.— Confined Six Months.
PLEADED GUILTY . Aged 24.— Confined Twelve Months.
WILLIAM BENDALL WHITE , Jun. I am an engraver, of No. 9, Austin-friars. I was at home on the evening of 27th Sept, and about half past 5 o'clock I went up to the third landing, where I saw the prisoner in the act of getting some things out of a box—there were two boxes; one covered with leather, and one tin box—the lid of the leather covered box was taken off and several articles taken out—the leather covered box was on the tin box—there were two bodies of dresses, three towels, a piece of crochet work, two curtains, a piece of needlework, and a silk waistcoat, and, I think, a cloak—they were the property of my father, William Bendall White—I saw the prisoner sitting upon the box; I asked him what he was doing—he said that he wanted Mr. Cook—I could not rightly understand the name—I asked him what he was doing with the box—I understood him to say, "What box?"—I came down stairs; he followed me—I called a young friend, sent for a policeman, and gave him in charge—I had been up about thirty-five minutes before; the boxes were then safe—the house is let out in offices, so that any one can get in—there are no offices on the third floor, but a gentleman on the first floor has one of the rooms on that floor—my father is the housekeeper.
JURY. Q. Were the boxes locked? A. The tin box was locked, the leather one was not.
ROBERT TAYLOR (City policeman, 144). The prisoner was given into my custody—I produce these articles; they were lying on the box—I ordered Higgins to tie them up—I had charge of the prisoner; he gave me his name and address at the station house—I went to that address; he was not known there—he gave me his proper name.
White called for me; it appeared as if he was struggling with the prisoner—I took hold of the prisoner, and disentangled his arm—Mr. White told me to go for a policeman—when the prisoner heard that, he took hold of my left arm, as if to detain me; I twisted it round, and asked him what he wanted—he said some name which I could not understand—I asked him what he wanted with the box—he said he saw no box—I asked him what he wanted with those things—he said he saw them on the box—I asked how he could say that he saw no box, and then say that he saw the things on the box; he made no answer.
WILLIAM BENDALL WHITE , Sen. I am the housekeeper at No. 9, Austinfriars. These things are my property—I saw the prisoner about half past 3 o'clock on 27th Sept.—I was called up; he wanted a name I could not understand; then he went about his business—I told him I did not know such a name—he pulled his mouth, and went about his business—I saw no more of him—I had seen him some months before—there was nobody in the house that wanted him.
Prisoner. Q. You say you saw me in the house before; how long ago? A. I cannot say exactly; three or four months.
JURY. Q. Where did you see the prisoner at half past 3 o'clock? A. In the passage; he did not go upstairs at that time—he did not produce any paper to me—I was called up as housekeeper by Mr. Lloyd's clerk, to know if I knew the name.
(The prisoner was further charged with having been before convicted.)
GEORGE SCOTT . I produce a certificate (read:—Central Criminal Court, April, 1853, Joseph Rottenstein, convicted of stealing a watch and other goods in a dwelling house, and afterwards burglariously breaking out;confined twelve months)—I had the prisoner in custody on that charge—he is the person—I was present at the trial—I have not seen him since.
GUILTY. Aged 23.— Confined Six Months.
CHARLES BAILEY . I am an architect I was walking in King William-street on the morning of 14th Oct.—I felt something like a person's hand in my pocket; I turned round, and saw my pocket handkerchief in the prisoner's hand—I laid hold of him, and lost sight of my handkerchief, but a bystander in the crowd said, "Here it is," and pulled it out from under the prisoner's jacket—I gave him into custody—I found the handkerchief immediately after I felt the hand in my pocket—the prisoner was close to me; I caught hold of him—this (produced) is my handkerchief.
ROBERTDUNDAS (City policeman, 536). I produce the handkerchief.
GUILTY .* Aged 16.— Confined Three Months.
MARY ANN HARRISON . On 19th of this month, I was walking along by Aldgate pump. I saw a pair of trowsers hanging from the shop of Mr. Perkins; they were inside—I saw the prisoner snatch them—I told Mr. Perkins; he ran after him, and caught him in Jewry-street—he had them under his coat.
GUILTY . Aged 18.— Confined One Month.
MR. JOYCE conducted the Prosecution.
JOHN MATTHEW PHIPPEN . I am cashier to Messrs. Dawson and Son, news-agents—the prisoner has been in their employ from about the middle of July—his duty, as advertising clerk, upon receiving advertisements, whether paid for or not, was to make an entry in this book, which I produce—we call it "The Advertising Day Book"—he would post all those that were not paid for at the time—if he received any money, he would pay it to me, making an entry in the cash book—what he would pay for Mr. Nicholson I do not know—I should merely take Mr. Nicholson's money as the whole—I have no entry of his of 10s. on 2nd Sept—he enters the sum received in this cash book (produced)—it is his duty to enter in the cash book all sums he pays over—there is no entry of 10s. received and paid over to me on 2nd Sept.—he has entered no cash on 5th Sept.—there is no entry on the 8th—on the 13th, there is an entry of 5s., but no entry of 15s.—on 2nd Sept. he makes this entry in the day book, "J. A." Walworth, Mark Lane, "meaning the name of the paper—"Sept 4th, 18th, Oct 3, To Millers and others;" that is the nature of the advertisement—on that day there is 18s.; it has evidently first been 10s. and altered—that is not carried out into the ledger—it has not been posted, but he makes a note in the margin, "Cash, 18s.;" it had been 10s.—he was obliged to make an entry to distinguish those paid and those not—he does not enter it in the cash book.
MR. JOYCE. Q. That only shows the sums that ought to be paid, not actually paid? A. It is so; when he made the entry, he ought to have entered it in the cash book at the same time—all money that he received he should enter in the cash book, and give it to me.
COURT. Q. If it is to be charged to a customer, it would be entered in the ledger? A. It would not be entered in the ledger—in the day book he debits himself with having received it—the advertisement would not appear in the ordinary course if the entry did not occur in this book—if he had not entered "Cash, 15s.," the advertisement would appear on 5th Sept—here are various entries in the day book—the charge is not entering thereon in the cash book, money from Mr. Hendon—there is no entry in the day book, cash book, or ledger—if an advertisement had been ordered, it would not appear in the paper—there is an entry on 13th Sept. of 18s. in the day book—"Taylor, Brentwood, Maidstone Journal, Sept. 16th; Stamford Mercury, 16th; Times, 14th. Nature of Advertisement—To Millers, or Millers and Bakers;" there is a note of having received 15s. here.
Q. There he has debited himself, not entered in ledger or cash book? A. Not in the cash book or in the ledger.
Prisoner. Q. Did I ever pay you any money without entering it in the cash book, by accident, in the hurry of business? A. No; I never, to my recollection, told you that you had not entered money—I did no come and ask you if you had paid money, as I had money over—my rule was to make my entry of the money before I took it from you.
BENJAMIN HENDON . I reside at Stratford. I remember calling at the office of Messrs. Dawson on 13th Sept.—I saw the prisoner; I gave him 5s. for an advertisement in "The News of the World"—he did not give me any receipt—I had no receipts on several occasions—the advertisement was not inserted.
Prisoner's Defence. I was frequently surrounded by three or four
persons all in a hurry; my employers were fidgetty and driving me; I have omitted to make entries in the cash book, but I have made the entries in the day book; all the monies received were paid over, if not at the time, afterwards; I was very nervous.
NOT GUILTY .
1119. JAMES PYEFINCH was again indicted for unlawfully obtaining 5l., the moneys of Eneas Dawson, by false pretences.—2nd COUNT, unlawfully obtaining other 5l., the moneys of said Eneas Dawson, by false pretences.
MR. JOYCE conducted the Prosecution.
ENEAS DAWSON . I am a newsvendor, living in Cannon-street—the prisoner was in my service from the middle of July—I am not quite sure of the date—he was paid weekly—I remember his coming to me on 9th Sept., at my desk, in the counting house—he told me that his child had been ill, and had died; he wished to bury it well, but was in difficulties, and could not afford it—I knew that he had been out of employ—I then, on the next morning, stated that I would help him—I advanced him 5l.—there was an arrangement for its repayment; I was to deduct it on Saturday nights—I had a paper, but it has been destroyed; it was an I O U for 5l., to be paid half a crown a week—he described the state of his family at that time—he said his wife was near her confinement; he was afraid that anxiety from the child's death would bring it on prematurely—I inquired from day to day for seven or eight days, or about a fortnight, about his wife; he told me that she had been exceedingly ill, and had been confined prematurely—on 28th Sept., he said his wife had died that morning of milk fever—I had previously given him half a sovereign to see Dr. Conquest—on his representation, I arranged for my own doctor to see her—on the morning on which he said she died, he said he did not know how he should bury her—I told him to go and inquire the expense of the funeral, and gave him a sovereign—he afterwards represented the expense—I am not quite sure what it was; I advanced him 5l. more to bury her—I advanced the several sums I have mentioned upon his representations, believing they were true—he said his wife was to be buried on the Sunday—I received a letter from the prisoner; I am not quite sure of the date—(A letter, dated Oct. 7, was put in and read: it expressed regret that circumstances had induced the prisoner to tell so great a falsehood, but assured Mr. Dawson that it arose from the want of money; that having told one he, a thousand were obliged to be told to cover it, and that he should be most thankful to resume his duties, and pay his employers all they had advanced.)
Prisoner. Q. Did you not lend me 11l. 10s.? A. I have lent you the money as stated—the I O U for 5l. is destroyed—I have one for 11l. 10s.—on the Saturday morning, when I lent the last, you gave me one for the whole, and I destroyed the others—you have not paid me 5s. off the amount—only 2l. 7s. 6d.; the last week's wages I did not pay him.
ELIZABETH BOULTON . I am the wife of Richard Boulton, and sister of the prisoner—I know his wife; she is alive; they have two children—he has not lost a child to my knowledge—I was present at their marriage, nearly three years back.
Prisoner. Q. Was I not ill, and unable to attend to business? A. Yes.
JOHN MATTHEW PHIPPEN . I am cashier to Messrs. Dawson. On 6th Oct., a letter was addressed to me—I sent Mr. Nicholson to see if the prisoner was waiting about; if he was, he was to give him into custody—I saw him with Mr. Nicholson in Abchurch-lane—there was a scuffle—I ran after him—a policeman was crossing Abchurch-yard; I beckoned him to
follow, which he did—I got up to the prisoner; he felt indignant—when he game to the counting house, he wanted to know what I gave him into custody for—I told him for obtaining money under false pretences—I was obliged to explain it to the policeman before he took him—nothing more was said till I got to the station house—I entered the charge as obtaining money under false pretences—after the charge was entered, the prisoner gave himself up to despair; he said, "Oh, my God! what will become of my wife and child?"—I walked up to him and said, "What do you mean by that? you have given me to understand that your wife and child are dead"—he made me no reply—when he was engaged as clerk, he had leave of absence from me, first to attend a consultation with Dr. Conquest on his wife; then he had leave to see the undertaker about burying his child; and the same with his wife.
GEORGE NICHOLSON . I am collecting clerk in the employ of Messrs. Dawson—I took the prisoner into custody on 6th Oct.—he begged of me to let him go home that evening, and said that he would write in the morning—I went to the station house.
Prisoner's Defence. I do not deny borrowing the money, but I intended to return it.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. RUSSELL Conducted the Prosecution.
THOMAS WELLANS . I am a carman. On Saturday morning, 14th Oct., I was in Rood-lane; I noticed a man and his wife walking along, who afterwards turned out to be Mr. and Mrs. Winter—I saw these boys (the prisoners) in Rood-lane, about 10 o'clock in the morning; Mr. and Mrs. Winter were walking in the direction of Fenchurch-street—the three lads were together in company; from the manner in which they were following the parties I suspected that they were up to something no good, and was induced to follow them—Mr. and Mrs. Winter walked up Rood-lane from Eastcheap, across Fenchurch-street, going into Lime-street—the lads followed up close behind—when Mr. and Mrs. Winter got into lime-street, they made a stop to converse, or something of that kind—they were not stopped by a crowd or carriages—when they stopped, I noticed Regan draw his hand from Mrs. Winter's pocket—the other two boys were close behind, quite in reach of each other—their attention was drawn towards the parties that were before them—when Regan took his hand from Mrs. Winter's pocket, the lads immediately turned, and all three went towards Fenchurch-street—that was going back in the same way they came—I cannot exactly say how far I was off, when I saw the lad take his hand out of the pocket—I do not think above fifteen yards, on the opposite side—I went up to Mrs. Winter, and asked if she had lost anything; she missed her purse—she could not go as fast as me, but I followed them into Fenchurch-street, along Gracechurch-street, towards London-bridge—on my way I passed a policeman named Moseley; the three lads had just come by Eastcheap, and were turning down Fish-street-hill—directly after I told the policeman, we followed them—I took one on London-bridge—I cannot exactly say which, I think Mollony—I did not see the constable take the other; they were taken to the station house.
Cross-examined by MR. DUNCAN. Q. What street was it in, that Mrs. Winter turned round to talk? A. They were talking in Lime-street; Mr. and Mrs. Winter's backs were to me at that time—when the Winters stopped to converse, I was fifteen yards behind them—I stopped them—Regan's back was to me, and I did not see him put his hand into the pocket before drawing it out again; I kept him steadily in view and the Winters—it was not a side pocket; I did not see anything in his hand—the lady told me she had lost her purse—I did not see the purse produced—she did not tell me what sort of money was in it—from the time that I did not like the look of the three children, up to the time that I saw the Winters turn to talk, was five minutes; there were not a great many people about, the street was pretty clear—there were a few persons about; the Winters did not turn face to face to talk—I did not hear anything; they stopped in the same position as they had been walking, without turning round or facing about.
MR. RUSSELL. Q. Had you sufficient means to notice the lads to know them again? A. Yes; I am quite certain these are the lads—the two other lads were behind; they prevented my seeing Regan put his hand into the pocket.
LYDIA WINTER . I am the wife of Thomas Winter; he is a labouring man, usually residing at Leatherhead, in Surrey—I was in London early on 14th Oct.; I was walking early towards Leadenhall-market with my husband—I remember being in Lime-street; we stopped there for a short time, and the last witness came up and asked me if I had lost anything—I immediately put my hand into my pocket, and told him I had lost my purse—I had had it; it might have been a quarter of an hour or twenty minute before that—there was 1l. 13s. in it, when I last saw it—a new sovereign, two half crowns, a two shilling piece, and the rest in shillings—I never saw it again—on Mr. Wellans speaking to me, I followed the lads—I recollect seeing them a short time, before they came up to me—I took notice of them, so as to know them again—these are the three lads—it was in the next street before I came to Lime-street; I do not know the name, I am not acquainted with London—I am confident I saw these three lads.
Cross-examined. Q. How had you come from Leatherhead? A. By the train; I had walked from London-bridge station; it was rather crowded when I came up—a good many people were in the train—there were a great many people at the doors; there was a good deal of crowding towards the beginning of London-bridge but when I got into London, I went into a shop and bought six pennyworth of buns on this side London-bridge—not on the station side—when I was examined before the Magistrate, I stated that there was a florin or two shilling piece—this is my mark to these depositions—(read: "I examined my pocket and missed my purse containing one sovereign and thirteen shillings in silver; I know there were two half crowns; I have not since seen my purse.")
Q. How was it you did not say a florin, a two shilling piece? A. I did not understand a florin, I said a two shilling piece; I said my purse contained thirteen shillings in silver—I told him there was a sixpence, but I do not know whether that was in my purse before—1l. 13s. 9d. was found—I told them a two shilling piece—the deposition was read over to me before I put my cross to it.
Q. You had heard it read; why did you not explain to the gentleman who took it down that there was a 2s. piece? A. I did say there was a 2s. piece; the gentleman called it a florin—I say that there was a sixpence
find on the boy—I am positive I had the money in my purse—I do not think I had a sixpence when I got the buns—I had 13s.—I cannot swear that the sixpence was mine—I have not seen the purse since'—it was a silk purse—I carried it in a side pocket, outside here.
MR. RUSSELL. Q. Where was it you got the buns; you said this side London-bridge; was that after you got out of the crowd at the railway at London-bridge? A. Yes; I did not say anything to the Magistrate about a florin—the policeman called it a florin—if I had been asked about a florin, I should not have known what was meant by it.
LUKE MOSELEY (City policeman, 554). I was on duty on 14th Oct.—Wellans gave me some information, in Gracechurch-street, near Nag's Head-court, respecting the lads—I followed them, and took them about twenty yards from Eastcheap—I caught Lyons in the middle of the street—I was walking sharply—a constable, named Dundas, brought Began—they were taken to the station-house, searched, and on Regan I found 1l. 1s. 3d., one sovereign, one shilling, and three pence—I found 11s. 6d. on Mollony, two half crowns, one florin, four shillings, and 6d. in copper—on, Lyons I found one shilling—Regan said he had no money but 3d.—after a while, he said he had got 1l. 1s., which his father gave him to. take to his mother, to pay for lodgings and buy food—the 3d. was found in his pocket, and the 1l. 1s. in his fob.
Cross-examined. Q. Where did you find the sovereign? A. In the fob, and the shilling with it; I found the money on Mollony in his pocket.
Witnesses for the Defence.
RICHARD REGAN . I am a ship lumper, that is taking a contract to clear cargoes out in ships; I live in Fox's-buildings, Kent-street. The younger boy is my son—I remember, on the 14th of this month, giving him some money—I gave him one sovereign—I had two shillings and six pence besides—he wanted the 2s. 6d.—I would not give it him—I had one shilling besides, which I gave to him—I gave him the sovereign to take home to his mother—I owed three weeks' rent, 9s.—his mother was to lay it out—when I gave him the money it was not far from 10 o'clock; I could not exactly any—I gave it him at the corner of the Bell Tavern, where I had worked thirty years.
COURT. Q. What day of the week was it? A. Saturday morning.
Cross-examined by MR. DUNCAN., Q. Where is it you live? A. At No. 5, Fox's-buildings, Kent-street; you can come to Kent-street from Dover-road, or come from the Bricklayers' Arms—I am not in regular employment—on 14th Oct. I was employed at Fresh wharf, Thames-street, opposite Pudding-lane—I have two children at sea, and two at home—the prisoner is the youngest—I get to work sometimes at 2 or 3 o'clock in the morning, and do not come home till 10 o'clock at night—I had left home about 6 o'clock—I had to watch a captain to get the money—I cannot tell you his name—I cannot tell you the ship, for I work so many ships—I have got a ship at Nicholson's wharf now—I cannot tell her name—the captain was a young man, belonging to Falmouth—I got from him 255.—I had been working the ship about three hours and a half—sometimes I am not four hours on board ship—I had paid 4s. 8d. for a beer score that morning—I had 2s. 6d., and one shilling in my pocket before—I had 1l. 5s. from the captain—I cannot say how much I had before—I had not 1l., nor a quarter of 1l.—my boy has been ill—he was at St. Thomas's Hospital—he has not been in school since he has been ill—he went to school to a man named Donohue, in Gravel-lane; here is the bill for the last money I paid (handing in a bill, dated March,
1854)—he has not been to school since March—I do not know Mollony or Lyons—I know a man of the name of Mollony—I am very seldom at home—I do not know half the children that know me in the streets.
MR. DUNCAN. Q. Is this a bill? A. Yes; from his schoolmaster—he has been in the hospital since he left school; he was there five or six weeks—blood came from him—he is very bad.
COURT. Q. You were working in Thames-street? A. Yes—I live near Kent-street—I suppose that is very nigh a mile from Thames-street—the boy did not leave home with me; he came over about 10 o'clock—I went to have a pint of beer at Fresh Wharf Tavern—my wages are not due—as soon as I finish my job, I then make out the bill—I finished this job on Friday night—sometimes I do not get it for a week; I might get it in an hour, perhaps—I might be a fortnight before I got a ship, and might have three or four ships—it is piece work.
MR. RUSSELL. Q. Do you get 3d. an hour? A. 1s. or 2s. an hour; I have got to pay men, some 3s. a day and a pint of beer out of that—two men and myself had been employed in that ship—I have not paid them.
MR. DUNCAN. Q. You say you have worked thirty years? A. Thirty years—my character is well known; that policeman knows me (The policeman referred to stated that he did not).
TIMOTHY MOLLONY . I live in High-street, Borough. I am a labouring man—the prisoner, John Mollony, is my son—I remember last Saturday week, 14th Oct.; I gave him 13s. 6d., between 8 and 9 o'clock, to go to a pawnbroker's (handing in two duplicates)—I cannot read these duplicates—the mother gave him the money to get something out of pawn—that 13s. 6d. was made up of two half crowns, a 2s. piece, and 6s. 6d. in silver—my wife is here.
Cross-examined. Q. How came you to give him this money this particular morning? A. I will tell you—we are paid on Friday night—I had not pledged these particular things myself; the mother, I suppose, has pledged them—all I know is, I recollect I gave my son these particular coins—the mother sent him—I last saw him between 8 or 9 o'clock in the morning—that was at my own house in the Borough, close to the church, in Bullings-court.
MR. DUNCAN. Q. Where do you work? A. At Mr. Cohen's; they are of the Jewish persuasion; they do not work on Saturday, nor me—I am paid on Friday night—it was part of my wages that I gave to the boy; I gave the remainder, all but sixpence—I have worked at Mr. Cohen's for about five years.
ELLEN MOLLONY . I am the wife of the last witness, and the mother of the boy. On last Saturday morning week, I wanted the boy to get three things out of pawn—there was one a 9d. ticket—these two tickets are a 9d. ticket and a 10s. ticket—there was another ticket for 2s., for a shawl—all the things were pawned at the same place, Mr. Blizures—I pawned them myself—I told him to make haste with the shawl; I wanted that the first thing—that was the 2s. pawn—I know he had the 13s. 6d., his father gave it him—I said, "Johnny, bring me the shawl"—the money being taken from him, I have not got the other things.
Cross-examined. Q. He brought the shawl back? A. Yes.
Cross-examined. Q. How do you get your living? A. By editing fruit—he gets his about the streets.
REGAN— GUILTY . Aged 10.— Confined Four Months.
LYONS— GUILTY .* Aged 13.— Confined Six Months.
MOLLONY— GUILTY . Aged 13.— Confined Four Months.
OLD COURT.—Thursday, October 26th, 1854.
Before Lord Chief Baron Pollock and the Third Jury.
PLEADED GUILTY to embezzlement. Aged 26.— Judgment Respited.
(There were several other indictments against the prisoner.)
(After the Jury were sworn, the prisoner applied that the trial might be postponed until Mr. Sewell, who had volunteered to appear as his Counsel, and Mr. Morris, his attorney, were present, a defence having been prepared in direct opposition to his instructions; and to give him time to procure the attendance of Mr. Justice Williams. The COURT informed him, that the Jury being charged, the trial must proceed.)
MESSERS. RYLAND and LOCKE conducted the Prosecution.
HARDINGE STANLEY GIFARD, ESQ . I am a barrister, practising in this Court, and on the Welsh Circuit. On 18th Sept. last, I was in this Court, in the discharge of my duty; I was sitting in the end seat of the Counsels' table; I had just concluded a case for the prosecution, and was reading another brief—my eyes were directed to the table—I think it was a little before 3 o'clock—the prisoner came up to me—I did not observe him until he was close to me, on the other side of the ledge that forms part of the door of the Counsels, table—he said, "Do you remember Cardiff?"—I then turned my face towards him, and he jerked up something which I afterwards ascertained to be a pistol, close to my cheek, and fired it—the explosion of the powder made me stagger back for a moment, and I felt a smart rap on the cheek, which I presume was the powder—I do not think there was any wadding—I think it was only the powder; a small circular hole was cut in my cheek by the explosion—the skin was broken.
COURT. Q. What was that occasioned by? A. I believe by the explosion of the powder; it was a hole burnt, as it were, on the right cheek.
MR. LOCKE. Q. Did your face bleed at all? A. Yes; I did not at the time find any injury inside my mouth; but some days afterwards I found that the explosion, by pressing the cheek against the teeth, had lacerated the inside of my mouth.
Cross-examined by MR. CLARKSON. Q. Do you remember ever to have seen this unfortunate gentleman before the occasion when, in last July, you were at Cardiff, on your circuit? A. I do not think I saw him then—if he
was in court upon the occasion of any trial in which I was engaged, I had no communication with him, either directly or indirectly—I remember in a trial that occurred at those assizes, a person asking for air for a female whom I was examining, who was fainting in the court—Mr. Justice Williams was presiding in the court at the time—I must slightly correct my last answer—a person suggested that the young woman was fainting; but she herself said that she was not, and did not require air—ray impression is (but I am not certain about that), that it was my learned friend Mr. Grove, who was conducting the case on the other side, who mode the request.
Q. In consequence of any application, by whomsoever it was made, to the learned Judge, for air for the witness, did you turn round in an angry manner, either to Mr. Willoughby, or anybody else? A. No; certainly not—I did not by any intimation, or sign, or motion of my body or hand, seek to intimate to the prisoner, or anybody else, any act of indecency on my part, or that of any one else.
(The prisoner here stated that he entirely repudiated the services of Mr. Clarkson, as his Counsel, and had done so before the Magistrate; the defence he was instructed to make being in direct opposition to his instructions. The LORD CHIEF BARON did not see, under these circumstances, how Mr. Clarkson could continue to act on the prisoner's behalf, as at present it must be assumed that the prisoner was sui compos. MR. CLARKSON stated that a similar case had arisen some years since in this Court, where he had been retained by the friends of a prisoner, and in that instance he had been permitted to proceed with the case. The LORD CHIEF BARON could not reconcile the principle of such a proceeding; if a man appeared, and pleaded not guilty, and said he desired to conduct his own defence, no one could be thrust upon him as Counsel against his will; if he was sui compos, he clearly had a right to decide for himself—MR. CLARKSON said he felt the force of the observation of the learned Judge, and should act upon it.)
Prisoner. Q. Do you not recollect, during the cross-examination of Miss Howells, when you saw what an interest a gentleman behind her took in the trial, turning round to him and saying, with a violent motion of your arm, "We shall soon come to the rig?" A. No; I did not—I believe there was some question put, as to whether Miss Howells had slept in a public house, but I cannot now recollect the cross-examination—I think a chair was given to her, under the direction of the learned Judge—I think some gentleman present said, if gentlemen would go more back, it would be better for Miss Howells, or something of that sort—I conclude from what followed, that the persons coming round the witness box did retire, and it was in consequence of something that was said; but I did not hear what it was—I have never been a police reporter.
Q. Now, recollecting that your father-in-law, Mr. Humphreys, wag my legal adviser in 1843 and 1848, did you not about the time that the gentleman said, "If gentlemen would go more back, it would be better for Miss Howells," allude in the clearest manner possible to provocations which I had complained of receiving from my brother, Sir Henry Willoughby, to your father-in-law? A. I made no allusion to you at Cardiff; for I did not know there was such a person in existence—I did not leave my seat repeatedly during the trial, in order to confer with my attorney and witnesses; I believe I was engaged in the Court from 10 o'clock in the morning till 7 at night without leaving it—Mr. Owen was the attorney in the case, but as well as I remember he was sitting behind me.
(The prisoner here put a number of questions to MR. GIFFARD, the object of which was to show acts of indecency on his part in the public Court at Cardiff, MR. GIFFARD continuing to assert that he had no recollection of seeing the prisoner at all.)
Q. Did not you, in point of fact, labour in every possible way to stab to the vitals this young maiden when fainting, by insinuating to the Jury that I had been guilty of an unnatural offence? A. No; I did not insinuate to the Jury anything about you.
Q. Did I not direct you by my motions, to state your case against me to the learned Judge, Mr. Justice Williams? A. I have already said that I did not see you; the black cap was not brought forward, nor a second black cap—there was no black cap produced at the assizes at all—I did not then strenuously implore your forgiveness, in the presence of Mr. Justice Williams—you did not say, "No, no, non—nor did I implore the forgiveness of the Court, the Jury, the Magistrates, and the gallery for a considerable period of time—when you said to me, "Do you remember Cardiff?" I did not know the meaning of the phrase at all.
SAMUEL LILLEY, ESQ . I am a barrister. On the afternoon of 18th Sept. last, I was in this Court next to Mr. Giffard, close behind him—I had not observed the prisoner until I saw him close beside Mr. Giffard—I observed him place something by the side of Mr. Giffard's head, saying at the same time, "Do you remember Cardiff?"—I quickly rose from my seat, and I saw a pistol in the prisoner's hands—an explosion took place the instant it was placed at the head of Mr. Giffard, and at the same moment I felt something strike my right cheek, which was towards the prisoner—the prisoner was then laid hold of by some persons who surrounded him while I was stepping over the partition, and Mr. Barnett, the short hand writer, wrested the pistol from his right hand—I observed that Mr. Giffard's right cheek was very much blackened, and the akin was burnt about the size of a small pistol barrel.
Prisoner. Q. Will you swear that Mr. Giffard's face was blackened by gunpowder? A. It appeared to be blackened by gunpowder; prior to the explosion there was no blackness on his cheek—it would depend upon circumstances, whether the powder would follow the ball—I think it would not necessarily do so; there was something exploded undoubtedly—if the ball struck against the wall of the Court, of course Mr. Giffard's face could not have been pressed by the ball; it may have been pressed by the powder—if the muzzle of the pistol was held at a little distance from the face, I think it quite possible for the explosion to have burnt one side of the whisker.
MR. RYLAND. Q. How near was the pistol to the face of Mr. Giffard at the time it exploded? A. Close to his face.
JAMES DROVER BARNETT . I am one of the short hand writers of this Court. I was in Court on 18th Sept last, sitting in my own seat—I did not observe the prisoner, until hearing an observation made in rather a peculiar tone I looked round, and then saw him standing close to Mr. Giffard; his arm was raised, and his hand apparently touching Mr. Giffard's face—I did not hear what the observation was: at the same instant I saw the flash of the pistol and heard the report—the prisoner then stepped back a pace or so, and the space between myself and him being clear I hastened across the Court, took him by the right arm, and took the pistol which he had just discharged from his right hand—I saw Mr. Giffard's face—it was blackened, as if from the explosion—a few minutes afterwards I saw a bullet, picked up Mr. Straight; it was on the floor of the Court, very near
to where the prisoner had been standing—I saw that bullet applied by Mr. Pearson, the City Solicitor, to the barrel on the pistol which I took from the prisoner—it went easily into the barrel, but could not be shaken out again—I handed it in that state to, Russell, the officer, on the following morning.
Prisoner. Q. Do you think I had sufficient time to have discharged the second pistol before I was seized? A. Yes, I certainly think you had; the surprise of every one seemed very great, and you yourself seemed very much astonished when Mr. Giffard rose from his seat.
COURT. Q. Did you see a second pistol? A. I did, taken from the prisoner; I did not see the charge drawn, and do not know whether it was loaded or not.
GEORGE RUTLAND . I am Sergeant of Mace to the Sheriff of London. I was in this Court on Monday afternoon, 18th Sept.—I saw Mr. Giffard sitting at the table, but I did not know him at that time—I saw the prisoner fire the pistol at him—the pistol was a very short distance from Mr. Giffard's face at the time the prisoner fired it—I stepped forward and laid hold of him—he said, "Be careful; I don't wish to injure you; I have another loaded pistol; I meant it for Mr. Giffard"—Russell, the officer, came up immediately, and he took a pistol from his breast pocket—the prisoner was then taken into the parlour and searched—a watch and some money was found upon him—he stated in the parlour, before Mr. Sheriff Wire, that Mr. Giffard had stated at Cardiff that he wished him to commit an unnatural offence—Mr. Sheriff Wire told him he had better be careful and calm, and have some assistance; and he asked for Mr. Clarkson—he said he should like inquiry to be made, and he hoped there were no other persons injured; he should be very sorry if they were.
Prisoner. Q. Did you swear on Monday, 18th, or on Saturday, 23rd, that I said I had got another loaded pistol which I intended for Mr. Giffard? A. I think it was on the Monday; I saw Mr. Clarkson at Guildhall on the Saturday—I have not seen him since until I saw him here in Court, nor Mr. Humphreys either.
ROBERT MARSHALL STRAIGHT, ESQ . I am one of the Clerks of Arraigns of this Court. On Monday, 18th Sept., I was performing my usual duty in the Court—I heard something like an explosion—my back was turned to the prisoner at the time, and at the same time that I heard the explosion I heard something rattle, and, as I thought, strike against one of the partitions of the Court—in consequence of that, I commenced a search, and underneath the seat I found a pistol ball—it was not flattened, but one side of it was black—I believe it is here—it has been wrapped up in paper, and probably some of the blackness may have been wiped off—I should say, not being a very good judge of such matters, but forming the best opinion I could, that it had not been discharged—I think it must have fallen out against the partition—I gave the ball to the City Solicitor, and saw it applied to the barrel of the pistol.
Prisoner. Q. I think you have said that the explosion was not a loud one? A. It was not, not such as I should expect to hear from a pistol loaded with ball; I think it was hardly louder than an ordinary percussion cap—that might perhaps be from being in an enclosed Court—it was very much like the Waterloo crackers that you hear let off by boys in a fair—I should fancy that the charge must have been very small.
the best of my belief, this is the ball—the pistol was also handed to me, and I tried the ball to it—it dropped in very easily, but would not come out again—I believe from its own gravity it fell to the position in which it now is, and I supposed it would come out easily, but it did not—I struck it against the side of the Recorder's desk, and it would not come out, and here it is now firmly fixed as it was then—that might be caused by the barrel having become foul by the explosion, or because the ball was not of a regular surface—I afterwards went into the parlour—the prisoner was there; and when I entered the room, he addressed me, and said, "I hope, Sir, that no other person is injured," or some words to that effect—I assured him they were not, and he appeared gratified.
GEORGE RUSSELL (City policeman). On 18th Sept I was standing at the top of the stairs in this Court—I heard the report of a pistol, and saw the prisoner standing—I had not observed him before—I directly went up and seized him—I said, "You have another pistol about you"—I put my arm round him, and felt another pistol in his pocket—he said, "It is loaded"—I took it from him, and produce it—I took him into custody—the pistol I took from him was loaded, and is loaded now, with ball and a proper charge of powder—there was a cap on it, and the hammer was down—while I was searching the prisoner, he said he hoped that no other person was hurt but Mr. Giffard, as he intended to shoot Mr. Giffard, as he (Mr. Giffard) had wanted to commit an unnatural crime at Cardiff.
Prisoner. Q. Did you not swear on Monday, 18th. Sept, in the presence of Mr. Alderman Finnis and Mr. Alderman Wire, that the pistol was held obliquely, or fired obliquely? A. I do not remember saying so; I was in the Sheriffs room—now you remind me of it, I believe I did lay so.
GILABERT M'MURDO, ESQ . I am surgeon of the gaol of Newgate, and have been so for many years. I have had many cases of insanity brought before me—since the day the prisoner was committed to Newgate I have continually seen and conversed with him—I happened to be in the prison immediately after he was taken there, and I saw him then—I am of opinion that he was then, and is now, of unsound mind.
COURT. Q. Are you of opinion that he is of unsound mind, so as to be incapable of distinguishing between good and evil? A. His case is peculiar—your Lordship is aware, quite as much as I can be, that many persons of unsound mind are particularly shrewd upon many points, and that unless you have the thread given you, you cannot draw out of them just cause to form your conclusions—I had some information given me, and I conversed with the prisoner, and the observations he made, the accounts he gave me, and his reasoning upon them, were all such as to cause me necessarily to form the Conclusion which I have mentioned—I believe he is labouring under a most horrible delusion; a settled delusion, which renders him perfectly of unsound mind at this moment—I believe he has been labouring under an entire delusion with reference to this matter.
Prisoner. What observations do you allude to which induce you to say I am of unsound mind? Witness. The prisoner related certain events which he considered had taken place in public, such as we cannot conclude did occur, and he reasoned upon them—he has continually referred to those circumstances which he related to me, and he has said (relating to what he considered the Judge had done, and what he considered others had said and done), "If they were not done, then I am stark mad; I am under a delusion; they either did happen, or they did not: if they did not, I am under a delusion, and I am mad; it is no use my talking to you."
Prisoner. Do you consider me to be of unsound mind in any other respect? Witness. His unsoundness of mind is to such an extent upon this point, that I should consider him of unsound mind on any point, supposing he were to do an act where his correctness of conduct was to be called in question.
(MR. CLARKSON stated, that Dr. Winslow was in attendance, who could depose to the prisoner's state in 1849, and more recently. MR. RYLAND expressed his readiness to call him. The LORD CHIEF BARON expressed his concurrence in that course; the object of any prosecution was merely to discover the truth. He thought it the duty of the prosecution to call Mr. M'Murdo, who had what might be called official means of ascertaining the state of the prisoners mind. He did not think it absolutely the duty of the prosecution to call anybody who might have been consulted on behalf of the prisoner, or by his friends; but in the exercise of their discretion, Counsel for the prosecution might call, or permit to be examined, any person who had had an opportunity of knowing the state of mind of a prisoner, when that state of mind fairly arose, as it did now, as the question in the inquiry.)
DR. FORBES WINSLOE . I am a physician. I have for many years had my attention called to questions of insanity—I have seen and conversed with the prisoner, with the view of ascertaining the state of his mind—I first saw him in Paris in 1849, or 1850, at the request of his family—I was then requested to see him with a view of ascertaining the state of his mind, he having left England suddenly, pending a commission of lunacy issued by Lord Chancellor Truro, in his case—I had two interviews with him at that time at his lodging, in the neighbourhood of Paris—I then considered him of unsound mind—he was under various delusions respecting his family—I saw him again on the 19th of this month, and again on the 24th, in New gate—I conversed with him upon both those occasions, and examined the state of his mind—I considered him of unsound mind on both occasions—I have been in Court during the whole of this trial.
COURT. Q. What is your medical opinion of the state of his mind on 18th Sept. last? A. I have no doubt that he was then insane—from what I knew of him before that time and since, and having heard what took place on the 18th Sept., I have not a doubt that he was then of unsound mind.
Prisoner. Q. Did not you tell me you would be of opinion that I was not labouring under a delusion, if my statements were corroborated by Mr. Justice Williams and others? A. I mentioned to you, that if you could establish to my satisfaction that the circumstances you alleged actually occurred in Court, they would be facts and not delusions, and that, of course, would considerably modify my opinion—you then said that Mr. Justice Williams was in a position to establish all the facts.
Prisoner. Not all the facts; the leading facts—did I object to see you? Witness. Not at all; nor to answer any of my questions—what you stated as to the papers regarding your property, I considered a delusion—I believe the impression you have upon your mind with regard to the conduct of Mr. Giffard, and the case at Cardiff, to be a delusion—I consider your unsoundness to depend upon what you stated with reference to Mr. Giffard and your brother; if those things can be proved to be facts, then, of course, they would not be delusions—you told me that your brother had deprived you of your property for the last twenty years, and that Mr. Morris, your solicitor, had forsaken you at the last moment—you told me if that was a delusion, you must be mad—I asked you whether it would not be better to
plead insanity, in order to avoid being transported—I endeavoured to persuade you that you were under a fake impression; and I said, with a view of comforting you, that it was quite possible, in the course of time, that those impressions might be removed.
The prisoner, who had a number of papers, to which he constantly referred then delivered the following defence: Gentlemen of the Jury; it is now my painful duty, unassisted by counsel and without any legal help, to call your attention to the defence which I shall make to the charge for which I am indicted; namely, for feloniously and maliciously shooting at and discharging (the primer here suddenly broke off and said, "people seem to be hissing me;" upon being assured that such was not the case, he proceeded) a loaded pistol at Hardinge Stanley Giffard, with intent to murder him; and before I do so, I implore you to dismiss from your minds whatever you may have heard out of doors, and to weigh carefully and dispassionately all the circumstances bearing upon the question which you are called upon to try, in order that you may arrive at a just and righteous conclusion, as to whether there was that malice prepense in this act which is necessary to constitute the offence of murder; I labour under every possible disadvantage, in as much as this question has been already disposed of within the walls of Newgate. When I first saw Mr. Clarkson on the 18th Sept., I said to him, "Mr. Giffard has invited me to commit, or has unjustly charged me with committing, an unnatural offence;" Mr. Clarkson replied, "It is a delusion, I cannot hear it;" I then observed that the pistols were bought in 1848, for Sir Henry Willoughby; alas, he is my brother (the prisoner requested that ladies might withdraw), because Sir Henry Willoughby had shown to me * * * *, and I subsequently added that I had banished myself from my country for the last six years, in order to avoid those frightful exhibitions, and still more frightful consequences; not only has Mr. Clarkson treated these my assertions as a delusion, but Mr. Davis, the chaplain of the gaol, as soon as he saw me, insisted that the Court would not allow me to go into any provocations that I might have received, and brought forward the case of Munro, and then stood behind me, and declared that Mr. Giffard was perfectly harmless, holding his arm in a particular manner; he told me that no good could arise from my alluding in public to his provocations and beastialities; and when he left me he stood at the door of my chamber, holding his hand in this manner (raising his arm), exclaiming two or three times, "bum, bum," not connecting the two words with any third; and will you believe it to be possible gentlemen, my case has been prejudged by Mr. Davis on more than one occasion, for on leaving chapel one morning a Fellow prisoner said to me, "Oh, how cruel; his lecture to-day was more like a condemned sermon;" and on that morning he used the word, "Mind," five times in five minutes, stating that murder had been committed by the vicious under a delusion of mind; not satisfied with these allusions, Mr. Davis and Mr. Cope (I blame them not, because they are employed in what they consider to be their duty) have seized the whole of my papers, papers relating to any boyhood, and to my most secret thoughts and most private affairs, those relating to my family as well as all the papers relating to my defence, and have withheld from me three documents, without giving me copies of the same, in order to produce them as evidence against me; and will you believe it possible, after I had subjoined my remarks to the depositions which were taken before Sir Robert Carden, and placed them in my portmanteau, whilst I was walking in the yard, some one tampered with the lock, the first ward being pressed down upon the second and third; I
showed it to Mr. Keating, a fellow prisoner, and to Gutteridge and another officer; on the following morning, when we were in chapel, the wards were filed and repaired, so that there was no difficulty in opening the lock; now gentlemen, such tyranny is unpardonable; such a system of espionage is far more suited to the atmosphere of St. Petersburg than to this land of freedom to which we belong; and I protest, in the face of God and man, against such cruelties, cruelties which I am sure will not be sanctioned by a British jury, by their lordships, or by the highest personage in this realm; gentlemen, having premised so far, under the full expectation that you will not allow your better judgment to be biased by anything that may have been advanced by Mr. Clarkson, Mr. Davis, and Mr. Cope, the personal friends of Mr. Humphreys, the father-in-law of Mr. Giffard, I shall now, with the permission of their lordships, go into the circumstances which induced me, alas! to discharge a pistol at the person of Mr. Giffard; I left France this time last year, because I was affected with a chronic diarrhea which might have caused my death, and I was residing in the summer at Clifton for the benefit of my health; I crossed the Bristol Channel in the first week of August, with the intention of seeing the historic castle of Cardiff; upon my arrival in that town I heard that the Courts of Law were sitting, and being very fond of listening to counsel I went to the Town Hall; this was the first time I had appeared in public since my return to this country; the case of Miss Howells versus Mr. Beynon, was about to commence; it was an action for libel, under the most distressing circumstances; Beynon published to the world that he had seduced Miss Howells, and thought by that publication to prevent her being united in matrimony to the Rev. Mr. Hughes; Mr. Grove (and I wished much to retain him upon this occasion, but Mr. Sewell, my quondam schoolfellow, told me that he was not comeatable) was counsel for Miss Howells, Mr. Giffard for Mr. Beynon; during the cross-examination of Miss Howells, Mr. Giffard, seeing what an interest I took in the trial (I was sitting behind him) turned round to me and said, with a violent motion of his arm, "We shall soon come to the rig;" and then turned abruptly to Miss Howells, and asked her whether she had never slept in a public house, cruelly, as it struck me, connecting that question with the motion of his arm; Miss Howells said, "Do not be so hard, I wish to speak the truth;" when I saw that she was fainting, I suggested that the windows might be opened, and a cup of water given to her; under the direction of the learned Judge, Mr. Justice Williams, the windows were opened, and a chair was brought for her; a gentleman who was standing behind her then said, "If gentlemen go more back, it will be better for Miss Howells," or words to that effect; from that moment Mr. Giffard commenced every possible outrage against all public decency, and at that nick of time, when it was to be presumed that her "gem of gems" had fallen, Mr. Giffard having previously left the court to confer with the witness Pascoe or the attorney, falls down on the table, and after a short pause—(the prisoner here entered into details of alleged indecent gestures and motions on the part of Mr. Giffard and Pascoe)—I directed Mr. Giffard to state his case against me to the Court, and I appealed to his Lordship; Mr. Giffard continued grinning, and holding his hand in this manner (raising his arm); and after a short time the black cap, that emblem of death; yes, gentlemen, two black caps, were brought forward; Mr. Giffard then implored my forgiveness, then that of the learned Judge, then that of the Jury, then that of the Magistrates, and then that of the public collectively, and myself individually; I nodded, and said, "No, no;" and I
submit to you, gentlemen, supposing I state the facts correctly, but only upon that supposition, I submit to you, under the correction of their Lordships, that had I then taken the law into my own hands, this indictment would fall to the ground; I returned to Clifton, intending, if possible, to forget these unpardonable insults; I could not do so; I called upon the celebrated Dr. Simmonds; I told him what had occurred at Cardiff, and what had been the conduct of my eldest brother for many years; he gave me some composing draughts, but I felt as excited as ever, and I told my friends that I would not survive the disgrace that had been heaped upon me by Mr. Giffard; I then went to see the unfortunate Miss Howells, and I told her mother and brother how unwell I had been, and of course what had passed would never be obliterated, and I then left for Chester; the state of my mind in that city will be best described in a letter written by me to Mr. Justice Williams, enclosing certain papers—(the prisoner inquired whether h was permitted to read the letter, and was informed by the Lord Chief Baron that he could not)—his Lordship did not deny the facts to which I called his attention, but expressed his sorrow that he could not afford me any remedy—I therefore resolved to see Mr. Giffard as soon as I possibly could, and therefore I entered this justice hall, alas! with two loaded pistols; and as I informed Sir Robert Carden, the one intended for Mr. Giffard was loaded with a ball, which was too small to be screwed down, and which I thought might fall out, for the ball in another pistol was screwed down with such force as to require to be un keyed by a gunsmith's vice; that pistol, as I told Sir Robert Carden, was intended for another person; I have just observed, that I thought the ball which was in the pistol which was discharged at Mr. Giffard might fall out; that I submit to you did actually take place, if there be any truth in Mr. Giffard's evidence; for what does he say? Mr. Giffard says, "The prisoner pressed (I do not think it could be possible, for where is the ball?) or held close to my face, a pistol which he discharged;" the hand could not have been stained with blood, for the face was not stained; how could it have been? according to the evidence of George Russell, before Mr. Alderman Finnis, the pistol was directed, and must have been directed, obliquely; the pistol was held some little distance from the face; it never could have burnt one side of the right whisker; he has very little hair on his face; how is it possible that the effect of the explosion was to burn "a small circular hole in the middle of his face, corresponding in size and shape with the calibre of the pistol;" I ask you how is it possible, there being no pressure? because I never could have pressed it against his face, otherwise the ball must have gone into his head; nor could the inside of the mouth have been lacerated; those facts, which are sworn to in order to show that some grievous bodily harm has been done to Mr. Giffard, are, I submit to you, not true, and have been bolstered up by the ingenuity of a very acute special pleader; the evidence of Mr. James Drover Barnett is important, inasmuch as it goes to show that I did not intend to shoot at Mr. Giffard with the other pistol; "The prisoner," he says, "immediately stepped back," proving to demonstration that George Rutland's further evidence given on the Saturday, and not on the Monday, was not true; Mr. Barnett further says, that the ball was picked up on the floor of the Court, near where the prisoner had been standing, showing that the ball might have fallen from the pistol when jerked up by me, as sworn to by Mr. Giffard; and in that respect flatly contradicting Mr. Giffard's assertion (for no wadding whatever was used in the screw pistol), that his hand and face were stained with blood, and that a circular wound was burnt in the middle of
his face; does not Mr. Giffard swear to these untruths in order to excite your sympathies?—George Russell swears, "I did not hear what Mr. Clarkson said to you," and yet we were in a small room, say 15 ft. by 12ft.; "I did not hear him say, "It is a delusion, I cannot assist you;'" on Monday, Sept. 18th, he swore before the Magistrate, as he admitted in that box, "the pistol was held obliquely;" as for saying that I hoped no persons had been injured but Mr. Giffard, when I looked at Mr. Giffard, I saw that he had not been hurt in the least; and according to the evidence of Mr. Barnett I immediately stepped back. The evidence of Mr. Robert Marshall Straight goes to show that the charge of powder was small; I do not think it necessary to quote the passage; you heard him explain it; "I heard an explosion, not so loud as I should expect from a pistol loaded with ball, but certainly louder than an ordinary percussion cap;" if what he afterwards says be true, the evidence of Mr. Giffard falls to the ground; he says, "I distinctly heard something strike and rattle against"—perhaps the floor; but he says, "Against one of the partitions of the Court;" he further observes, "The ball was not flattened"—another proof that the ball might have fallen out; "and the charge of powder was small." This evidence, coupled with Mr. Barnett's assertion, proves to demonstration that the prisoner did not intend to shoot at Mr. Giffard with the other pistol, as sworn to by that George Rutland; not, be it remembered, on Monday, 18th, but on Saturday, 23rd. Had he not been tampered with, gentlemen, by the family clique?—was it not an afterthought?—was it not a lie, veritas est magna et proevalebit? Gentlemen, I have thus attempted to state, very imperfectly, the unhappy circumstances which led me to discharge this pistol at Mr. Giffard; I apprehend, with the greatest deference, under the correction of their lordships, that the question in point of law for your consideration is simply this—Was a loaded pistol (recollecting that the ball might have fallen out) fired at Mr. Giffard with the felonious and malicious intent of murdering him, against the statute? I presume, in deep humility, that it will be for you to say—though, alas! I have no law books, nor any assistance whatever—whether that malice prepense, which is necessary to constitute the offence of murder, can be identified with that excited state of mind to which I was goaded on by the atrocious and the grossly beastly conduct of Mr. Giffard, in which excitement I unhappily continued until the pistol was discharged at or near the person of Mr. Giffard? His Lordship will probably say that it is no defence in law whatever the excited state of mind I might have been in, and whatever may have been the provocation; but perhaps there may be extenuating circumstances. If you are of opinion that there is the slightest untruthfulness in anything that I have advanced to-day, then let me be condemned, unpitied. I will say, if that great, that accomplished, that learned Judge, Mr. Justice Williams—if Mr. Grove, if Mr. Mills, if Mr. Llewellyn, will declare that there is the slightest false premise in any of the questions which I have put to-day to Mr. Giffard, then. commit me to Bedlam, that I may pass there the remainder of my days. To use a strong and energetic imprecation, may the flames which may now be burning on the unknown site of Sodom and of Gomorrah scorch me to a cinder, and may I fall, "like Lucifer, never to rise again," never to hope again, in the pit which is without a bottom If, on the other hand, you believe that it was an over-susceptibility of feeling—yes, rather the high-minded chivalry of a Picton, which induced the passing traveller in some poor way to take the part of a sinking maid, who was no less injured by Mr. Giffard than the
prisoner; and if I endeavoured to exhibit, in the presence of my earthly Judge, a lamb like meekness, rather than the proud and noble bearing of the British lion, when Mr. Giffard attempted to stab his victim to the vitals by falsely insinuating to the Jury that I had been guilty of a crime that ought not to be mentioned—when his beastialities were so crying and so insulting to the Court, that he was summarily sentenced to die by a wise and good man, the learned Mr. Justice Williams; if you believe that, smarting under the greatest provocation that can be imagined, my mind was goaded on in a state of nervous irritability to load the pistol as it was loaded, and then to fire the pistol as it was fired at or near the person of Mr. Giffard; I call upon you, gentlemen, to restore me to my liberty, and to teach the family clique, Mr. Clarkson, Mr. Giffard, Mr. Humphreys (who must naturally feel for his son-in-law), and their personal friends, Mr. Davis and Mr. Cope—to teach Mr. Sewell, my quondam schoolfellow, who officiously volunteered to serve me, who introduced to me his friend, Mr. Morris, with the repeatedly expressed intention of seeing Mr. Justice Williams and Mr. Groves, and yet who, semper fidelis, has forsaken me and betrayed me—to teach, I say, this family clique—not forgetting the suborned and perjured witness, George Rutland—to know and to feel that the star of my destiny shall not wax pale, through their dark, their crafty, their tortuous, and their wicked machinations; that the day of his deliverance has arrived to the "prisoner of hope"—to him, who, as far as Cardiff is concerned, has been "more sinned against than sinning;" and that doubtless there is a God whose name is the Lord Jehovah, that judgeth iniquity.
NOT GUILTY, on the ground of Insanity. Aged 52.— Ordered to be detained
during Her Majesty's pleasure.
Before Mr. Justice Maule.
MR. PLATT conducted the Prosecution.
CHARLES MONK . I live at the Sailors, Home, in Wells-street, White-chapel. On Monday night, 9th Oct., about 20 minutes past 10 o'clock, I was at a public house in Wellclose-square—I saw the deceased, Tobias Johanneson, there—I knew him—there were between twenty and thirty persons there—they were chiefly foreigners—some of them were women—they were not dancing when I went up—I saw the deceased seated at the table—shortly afterwards I heard a noise and confusion in the room—I heard a cry of "Murder!" and some women's voices—I did not see Johanneson there—I did not see him at any time after that in the room—I saw him at the doctor's; he was then lying on the floor, bleeding—when I was up in the room I was knocked down by a blow at the side of my head, as I was going towards the people who were standing at the end of the room—that was not when I first went in, I had been there about half an hour—it was after I heard the cry of "Murder!"—I could not see what I was knocked down with—I was cut at the side of the head—I do not know whether it was done by a man or a woman—my shipmates came and took me away.
ELLEN GRAHAM . I am a single woman, and live in New-court, New Gravel-lane. On 9th Oct. I was at the Angel and Crown, in Ship-alley, about 9 o'clock; there was some dancing, but it had ceased—I saw some
foreign sailors standing together in the middle of the room—the deceased was one of them, and the prisoner another—the prisoner had been dancing before that, the deceased had not—when I first saw the men, they were talking in a foreign language in the middle of the room—there were six of them; five with the prisoner—after they had been talking together a little while, I saw the deceased strike the prisoner with his fist on the side of the face—the prisoner struck him again—he then stepped two or three steps away from the deceased, went behind a table, and drew a knife from his breast; it was an open knife, similar to this (produced)—I saw him draw it from his breast, and stab the deceased three or four times in the upper part of his body; his head, I believe—the deceased fell on his knees; the blows were violent ones—the prisoner held the handle of the knife in his hand, with the point downwards—I saw the knife in his hand—I did not hear him say anything—I believe he is a Dane; they were both sailors—I saw Monk go up to the table, and as soon as he went to the table, I saw the prisoner strike him with the knife in the upper part of the body; I cried, "Murder!" and the police came.
ELLEN GREEN . I was present at this place on the night in question. The prisoner had no coat on, nor had the deceased—I saw several men go towards the prisoner, and they had two or three words together before the man was stabbed.
Prisoner. Q. Did you see anybody strike me? A. Yes; I saw you struck by somebody, and they were all striking and fighting together.
WILLAIM AMBRIDGE (policeman, H 192). I was called to the Angel and Crown; I went up into the dancing room and found the deceased sitting on a form beside Charles Monk, with his elbows on his knees, and his hands to his head; he was bleeding very much from the head—I then went up stairs to look for the prisoner; I went to a third room; I saw some blood on the door—I put my foot to the door, and it flew open about three inches—I then put my force to the door, and it flew open, and the prisoner fell on the bed in the room; I went in, and took him into custody—his hands and face were very much bruised, and he was bleeding from the nose—I asked him what he had done with the knife—he said, "I don't know; I chucked it away in the room down stairs"—in going to the station, he said, "I was struck, and they took the knife from my bosom; I took the knife from them, and struck them with it."
GEORGE HUNT (police sergeant, E—19). On Monday night, about 11 o'clock, I received information respecting this, and went to the Angel and Crown; I went up stairs, and on the sacking, under the bed, I found this knife, with a lanyard attached to it—that is the usual way in which sailors carry them; they wear it round the neck, and carry the knife open—it was shut at the time I found it—it had blood on it, which was wet.
DAVID CLARK THORNHILL . I am one of the house surgeons at the London Hospital. The deceased was brought there about half past 12 o'clock on Tuesday morning—I found a very severe punctured wound at the back of the neck; it was a very dangerous wound, about an inch and a half deep, and about four inches long, commencing about the middle of the neck, extending nearly transversely across the neck, and terminating behind the angle of the jaw—the wound was so large that I got my little finger in all the way, and that was not the end of it—this knife would inflict such a
wound—there was also a wound on the left arm, about three inches below the shoulder, and one in the middle of the fore arm—he died two hours after lie came into the hospital—he died of severe hemorrhage, occasioned by the wound—it was too late to stop the bleeding when he came there—he was bleeding very slightly then; he was too exhausted to bleed; he had, in fact, bled to death before—I have not the slightest doubt that the wound was the cause of death—the occipital artery was divided.
Prisoner's Defence. I was sitting in the room, alongside of a Dutch woman; one of these Norwegian chaps came in and shook hands with me, and asked me how I did; I said "Very well," and he came and sat down on the table; he asked me if I was a Dane or a Norwegian; I said, "I am a Dane;" he said, "I thought you were a Norwegian; you look on the Norwegians as if you wanted to fight with them;" I said, "I don't want to fight; I have nothing to do with you;" I went away from that place, and he followed me, and he shoved me along; I turned round and said, "You shan't shove me, and he gave me a blow right in my face; I gave him a blow back again; and went away from him, into the corner, and sat down; he pulled his coat off, and ran after me, and followed me up into the corner, and knocked me down; a whole lot of them came upon me and knocked me down; after they had been knocking me down, and capsizing the table, one of them caught hold of me, pulled my shirt open, caught hold of the lanyard of my knife, pulled it out, and wanted to stab me; I grasped the knife, and got it away from him, and after I got it from him I suppose I cut down among the lot of them; they were striking and fighting me in the face, the whole lot of them; I do not know how many there were altogether; they were Norwegians that were in the room; I had no one along with me.
GEORGE MARSH (police-inspector, H). I saw the prisoner at the station, and, in consequence of his stating that he felt a pain in his thigh, I desired him to pull his trowsers down—I examined him, and found on his right thigh two stabs—they were then bleeding—I sent for a medical gentleman, who dressed his wounds—he was very much beaten about the head, and his face was much swollen from bruises.
NOT GUILTY .
(There was another indictment against the prisoner for wounding Charles Monk, upon which no evidence was offered.)
Before Lord Chief Baron Pollock.
MR. PLATT conducted the Prosecution. MR. PARRY appeared for the Defence.
NOT GUILTY .
NEW COURT.—Thursday, October 26th, 1854.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. HUNTER; Mr. RECORDER; and Mr. Ald. ROSE
Before Mr. Recorder and the Sixth Jury.
PLEADED GUILTY . Aged 17.— Confined Six Months.
PLEADED GUILTY . Aged 38.— Confined Twelve Months.
1127. HENRY BAKER and ROBERT CROSSLEY , stealing in the dwelling house of Sir Hyde Parker, Bart., 33 silver spoons and other goods; value 227l., his property; and 1 teapot and other goods, value, 150l., the property of George Morton Eden, the master of Baker.
MR. BODKIN conducted the Prosecution.
LOUISA ANN EDEN . I am the wife of George Morton Eden, of William-street, Lowndes-square. Baker came into our service as Butler in March last—I gave him the key of our plate, and gave him charge of it—I am a niece of Sir Hyde Parker; it was arranged that we should occupy his house during his visit to the North—we went to the house in Onslow-square on 18th April—Sir Hyde Parker left in July, and we continued the occupation of his house—our plate was removed to the house of Sir Hyde Parker, and his plate was there also when he left in July—I left town on 12th August, and left Baker in charge of our own plate and Sir Hyde Parker's also—I left two female servants in the house, Priscilla Abbott and Jane Hyam—there was amongst our plate silver tea pots, a mustard pot, forks, spoons, and other articles—the value of the whole was 200l. or 300l.—there was about the same kind of things belonging to Sir Hyde Parker; a silver dish, a gold goblet, and other things—his plate was of more value than ours—Sir Hyde Parker had a man in his service as groom, of the name of Ricketts; he went with him to Scotland in July—the news of this robbery reached me on 19th Sept.—I was then living at Penshurst, in Kent—I did not come to London till Baker was found, on 24th Sept.—Baker did not give me any intimation of his intention of going away.
ALEXANDER RICKETTS . I now reside in Castle-street, Upper Brook-street, Grosvenor-square. In the early part of this year I was in the service of Sir Hyde Parker as groom—I accompanied him to Scotland in July—I left his service in Scotland on 16th Aug.—I arrived in London on the 21st—I went to Sir Hyde Parker's house, in Onslow-square—I had left a box there, and went to fetch it—I found Baker in charge of the house, and Priscilla Abbott, the housemaid, also—Baker allowed me to stay in my late master's house—I staid there from Monday, the 21st, till Monday, the 28th—during the week I was there, Hyam was away from the house—I did not see her—on Sunday, 27th Aug., Priscilla Abbott went out for the day, and I and Baker were alone in the house—I had sometimes had my meals in the house during the week—there was one jug of wine the first night that I came there; it was sherry—I did not see where it was got from—I assisted Baker in getting some wine out of the cellar—I believe that was on the Friday—Baker sent me to borrow a turnscrew, which I borrowed at No. 9, Onslow-square—that was used in opening the door—I did not take the turnscrew back—I had before lived at No. 9, Onslow-square—I got some wine out with the turnscrew—I and Baker drank part of it—some of it was left on the Sunday, that we had taken out on Friday—a great part of it was sherry—there was another sort, but I do not know what it was—on the Sunday morning after Priscilla Abbott had gone out, Baker made a communication to me about 1 o'clock—he said to me, "Tom, I intend taking off every bit of that plate"—I said, "What do you mean?"—he repeated the expression, adding, "We intend to emigrate to New York or America; if you will join us, you shall have your share of it"—I said, "No, I will have
nothing to do with It"—shortly after 1 o'clock, Crossley came—I did not expect any body—I had not seen Crossley before that day—Baker let Crossley in—I was in the hall with him—Crossley looked at me, and Baker said, "I think Tom is all right"—we then proceeded to the pantry, and Baker opened the closet door and showed Crossley the plate belonging to Sir Hyde Parker—he also showed him General Eden's plate chest, which was outside the closet—he did not open the chest, he only showed him the chest, and told him that was General Eden's plate—after Crossley had looked at it, he said, "I think we had better have a bit of dinner first"—we went and had some dinner in the kitchen—Baker said to me, "Tom, this scamp has been in two or three robberies before, and one murder"—Crossley said, "You fool, it was no murder; the man was only shot"—we drank some of this sherry with the dinner, and after dinner we went into the pantry, and the whole of the plate was then weighed by Crossley, Baker, and myself—I took account of the weight as it went on—I believe the weight was 75 lbs.—Baker asked Crossley what he thought the value of it was, and Crossley said he thought about 500l.—Baker then suggested giving me 50l., wishing me to emigrate to New York or America—he said, "Tom, we will give you 50l., if you like, at once, as your share, and you can emigrate to New York, or America, or Australia, or where you like"—I said, "No, I will have nothing at all to do with it; I plainly see what your intentions are; you would have me take this 50l., and then you will say that I was a thief, and had run away with the plate"—Baker said, "We did not intend you to take it; we only suggested it; if you like you shall have a third part"—I said I would consider; and let them know on the morrow, which was Monday—Crossley was present during the whole of this conversation—the plate was all put back again, and we went back to the kitchen, and resumed the drinking of Sir Hyde Parker's sherry—Crossley stayed till about half past 8 o'clock in the evening; he was then quite drunk—during the weighing of the plate, aquafortis was applied to anything that was doubtful, whether it was silver or not—I purchased the aquafortis from a chemist in the neighbourhood—Baker gave me 2d. to pay for it—when Crossley was drunk, at half past 8 o'clock in the evening, I took him to Brompton cob stand—I spoke to a cab man there, and lie refused to take him—I was in conversation with the cab man for some time, and I told Crossley, "I will pay this fellow's fare"—the caiman said, "I am no fellow, I get my living honestly"—the cabman was offended, and refused to take Crossley—Crossley was not able to stand; he fell down—I picked him up again, and took him on to Knightsbridge cab stand—I there found a less scrupulous cowman, and he took him—I paid his fare to Bermondsey-street, and Crossley gave the cowman his address—when the cabman drove away, I went back to Sir Hyde Parker's house; I found Baker there—Priscilla Abbott had not come home—I think she came home about half past 10 o'clock—the next morning I went with Baker to Crossley's house, in Bermondsey; he keeps a beer shop—he was at home, and we all three went to a public house, at the corner of Tooley-street—I do not remember the name—I had in the course of that morning, before we got to Crossley's house, said to Baker, "I will have nothing at all to do with this affair, Baker, and I would advise you not either;" Baker said, "Tom, I must; for I cannot make my plate right"—I said to him, "That is a bad job"—while we were at this public house in Tooley-street, there was a note written and signed by each of us—I had that note for some time—I am sure I do not know what became of it afterwards; I have
sent home for it, but they could not find it at home—Baker said at the public house, that the reason he could not carry out the robbery at once, was because he wanted time to get his discharge from the army—he said he could get his discharge on 12th Sept.—it was said that Baker and I were to take a portion of the small plate in our pockets the next day, which was the Tuesday—I had agreed in the note to do so, but previously to that, I had employed a man to take my box from Onslow-square, telling him to be sure to say nothing to Baker, as I intended to go away by the first train the next morning to Bristol—I did not intend to have anything to do with this affair—Baker and I then left Tooley-street, and I went to an office in Austin Friars, to inquire about vessels sailing to America—after making those inquiries, I returned to Onslow-square—I did not sleep there that Monday night, but in a room that Jones had got for me at No. 13, Pond-place, Brompton, where my boxes were, and the next morning I went off by the Great Western, to Bristol—my father lives about twenty-five miles from Bristol—I went afterwards to Cheltenham, and got employment as an omnibus conductor—I returned on 24th Sept. by the night train—what brought me back was a letter which I received from a friend in London—on my arriving on 24th, I went to No. 73, Onslow-square—I found a Mrs. Stone there, who had been a former servant of the family—I made some communication to her, and she and I went to the nearest police station—I there saw Serjeant Whicher, and made a communication to him—I accompanied him and another Serjeant the same evening to Crossley's, No. 5, Bermondsey-street—I went in alone, leaving the officers in the street—Crossley was not at home the first time I went—I went a second time, and met him in the street—he said to me, "Well, Tom, how are you? I said, "Quite well, thank you; how are you?"—he said, "I have something to say you;" I said, "I have something to say to you too"—I said, "Of course you have heard of the robbery; have you seen Baker?" he said, "No"—I said, "Well, he has run away with every bit of plate, and they suspect me"—he said, "They cannot do anything with you or me, unless they know about the Sunday job;" I said, "No"—I then said, "I want to go and see General Eden about it; I expect he will come home this evening"—I then went as far as the top of Tooley-street, and got into a cab—Crossley said positively that he has not seen Baker since the Sunday—he went with me to the cab, half way up Tooley-street, and I took a cab which was passing, and went to the top of Tooley-street—I am not certain whether Crossley went up or down the street—when I got to the top, I told the cab man to walk back, as there was somebody I wanted to speak to—I was looking for the officers; I found them, and made a communication to them—I then went home to No. 2, Bury-street, Brompton.
Cross-examined by MR. BALLANTINE. Q. Tom is your name, is it? A. No, Alexander is my name; but Tom I am generally called, because I believe there were two Toms previously—the fact was, in this matter, that after I had been led in to open the wine cellar, I could not positively say at once that I would have nothing to do with the plate—I thought it was not right to break into the cellar and drink the wine—having taken the wine, I listened to the suggestion about the plate—I did not intend to profit at all by the transaction—nothing of the sort—when I went to fetch the aquafortis, and get the instrument, it was done without the least intention of deriving any benefit from it—I do not know where the plate is now—I believe it is not at Bristol, or at Cheltenham—I gave all the information I could.
JURY. Q. How came you to leave your master in Scotland? A. Through
disobedience of orders; Sir Hyde Parker gave me an order, and I did not execute it—I was not discharged at once; I was there a week after my master gave me warning.
Cross-examined by MR. PARRY. Q. Were you not discharged without notice? A. No—I got my month's wages in advance, instead of a month's notice, and then I came to his house in London and stayed there a week—I did not tell my master I was going to his house in London—I lived in his house a week, by leave of the butler.
COURT. Q. Was that the week you mean? A. No—he gave me notice on Monday, but there was no vessel sailing till Thursday—he allowed me to stay till Thursday, and I stayed till Monday—I was dismissed because Sir Hyde Parker told the butler to write a note to a butcher at Burrabridge, and I took the not which was to order a black faced sheep; the man had no black faced sheep—on returning, I met Sir Hyde Parker, and said, "The man has no black faced sheep, but he has got what he calls 'between;' I don't know what he means"—he said, "I know what he means;" and he sent me the next day for a dog collar, and to have a between sheep—I would not do it; and he afterwards found I had ordered a between sheep.
PRISCILLA ABBOTT . I was housemaid in the family of Sir Hyde Parker. I remember Ricketts coming to stop there—he was there a week—I cannot say whether he went away on Monday or Tuesday—I remember the Sunday before he went away—I went out that day, at half past 10 o'clock in the morning; Ricketts and Baker were then in the house, and no one else—I came home about half past 10 o'clock at night—I found Ricketts and Baker there—I do not remember whether it was Monday or Tuesday that Ricketts left, but I remember the fact of. his leaving—lie made a communication to me before he left—I did not see him at all at the house after that—on 13th Sept. Baker went out; he said he was going to the barracks, and he should be gone the day—he might leave about 11 o'clock in the morning—he never returned—he had borrowed a sovereign of me; it might be three weeks or a month before the day he went away—it was after Ricketts had left—Baker paid me one day; a week or ten days before the day he left—I did not then see any other money in his possession, but I saw some the day before he got his discharge from the regiment—he got his discharge on the 12th, and it was the day before that that I saw him with money—that was two days before he went away altogether—he left the day after he obtained his discharge—I might see eight or nine sovereigns; he said he had taken it from the regiment for his clothes, I understood him, and his wages.
Cross-examined by MR. BALLANTINE. Q. What made him show you the money? A. I do not know—he took it out of his pocket in his hand, and said he had taken it from the regiment—I did not keep company with him—he took the money out of his pocket loose, with his hand—he might have borrowed money of me before, but not lately—he had paid me—he did not borrow as much as a sovereign, only once—I do not know what his wages were—I knew Ricketts—he came from Scotland to the house—I do not know that he was left alone in the house—I was out on the Sunday all day—I left him there in company with Baker.
JANE HYAMS . I am Mrs. Eden's maid. I lived with the family in Onslow-square—I knew Baker as butler there—I do not know the other man—I went away, by Mrs. Eden's leave, during the absence of the family, on 19th Aug., and returned on the 30th—Ricketts was not then in the
house—I never saw him in the house after I returned—I remember Baker going away on 13th Sept.—I never saw him again till he was in custody—I went to Mrs. Stone's on the 18th, as I frit very uneasy at Baker's not returning—Mrs. Stone lived at Brompton Cemetery—she had formerly lived in our service—in consequence of what passed between us I procured the assistance of a man from a builder's, and took him to the house—he broke open the closet door, and found that the plate was all gone, both General Eden's, and Sir Hyde Parker's—on the morning Baker went away; he said perhaps he should not return that night, and I never saw him afterwards—he said he had taken 5s. with him, and he had left locked up in his box between 60l. and 70l.—General Eden's plate was in the pantry, in a plate box or chest—that was found locked, as well as the closet—that was broken open, and found empty, and one brick in it, and a brick also in Sir Hyde Parker's plate box, which was in the closet—after I returned from seeing my friends I saw General Eden's plate box open, with the small plate on the top—I am not quite certain whether it was the week I returned or the beginning of the week after; it was about a week or a fortnight before Baker left—I saw him go to the chest, and open it—I saw a portion of the plate in it—it appeared to me to be right.
COURT. Q. Are you sure that was after you came back? A. Yes.
CHARLOTTE STONE . I live at Brompton Cemetery. I was formerly in Mrs. Eden's service—I remember Hyams coming and making a communication to me—in consequence of that I went to Sir Hyde Parker's house—I afterwards got a man to break open a closet and a box, and the plate was all gone—I know Ricketts—I saw him after this discovery of the loss of the plate—he came to me, at No. 73, Onslow-square—I did not go to live there, I happened to be there when be came—that was on Monday, the 24th—he made a communication to me, and I and he went to the police station.
JOHNATHAN WHICHER . I am a sergeant, of the Detective Force. I received directions to inquire about this robbery—I went to No. 73, Onslow-square, on 21st Sept.—I opened a box that was pointed out to me by Abbott and Hyams as Baker's—there were clothes in it.
JONATHAN WHICHER re-examined. On the 25th I saw Ricketts at the police station, Brompton—he was there previous to my getting there—I had been making inquiries about him—he made a statement to me—in consequence of what he said, I went to Bermondsey the same evening with Sergeant Tewsley—I went to Crossley's house, a beer shop, No. 5, Bermondsey-street, the Bricklayers' Arms—Ricketts went in first—we stayed in the neighbourhood—after some time Ricketts came to us in a cab—he made a communication to me, and J and he and Tewsley went into Crossley's, house—I saw Crossley behind the bar—Tewsley told him he was an officer, and he apprehended him for stealing a quantity of plate, in company with a man named Baker—he made some reply or some remark, I forget what it was, as to what the charge was—it was repeated, and he said, "Very well"—I proceeded to search the house, and in the top room I found Baker—this was about 10 o'clock at night—there was a bed in the room—Baker was partly undressed, and was sitting on the bed—having a description of him previously, I said to him, "I believe your name is Baker?"—he said, "Yes"—I said, "I am an officer; I apprehend you on suspicion of stealing a quantity of plate, the property of Sir Hyde Parker"—he said, "Very well"—he pointed to the mantel piece, and said, "Take care of those
papers"—I took the two papers; they are a discharge from the Army, and a character—I conveyed him to, the station,—I had not heard Crossley ask any question about Baker.
GEORGE TEWSLEY (police sergeant, B 17). I accompanied the last witness to Crossley's house—I took Crossley into custody, and told him what for—I took possession of fifteen sovereigns from his wife, but not in his presence—I went up stairs afterwards to a room, where I found Baker—I should say, from what I saw in the room, that he had been there for some considerable time—there were several examinations before the Magistrate—on the day of the last examination I was directed by a man, before the examination, to go to the cell, as Baker wanted to see me—he had asked for me an hour before—as soon as I got to the cell door he asked me if we had found anything—I said, "No, we have not"—he said, "Did you go to Bermondsey-street"—I said, "Yes, we did, and found nothing"—he asked where we had searched—I told him we had searched the whole of the room, and the fireplace, and found nothing—he said, "I placed 452. there myself, in the side of the fireplace nearest tie window, which I received of them"—I did not ask him of whom—he said, "They brought me two twenties, and a seventeen; that was all I received of the whole produce"—I believe he used that word—in consequence of this I was directed to go and look at the place which he named—I found nothing—we tore the paper from the side of the fireplace, but saw nothing—I came back, and he said, "Well, have you found it?"—I said, "No, I have not"—he said, "Did you take the paper off?"—I said, "Yes, I did"—he said, "Did you do anything else?"—I said, "No"—he said, "You should have taken off the plaster—plaster of Paris, I believe it was, and there you will find a piece of wood, jammed between two bricks; that denotes the place where I concealed the money"—I returned to the room, and we found a piece of mahogany between two bricks—I found one of those bricks loose—it communicated with the flue of the chimney below—I found no money—if anything had been put in there I should say it must have gone down the flue.
Cross-examined by MR. BALLANTINE. Q. You have not stated this conversation publicly before? A. I believe I have not, no more than to the policemen—I believe I have not; I do not know that I can tell you for a certainty; I might have told some persons—I have not told it in any public room, or public court, or before the prisoner, or in his presence—it occurred on 5th Oct.—I was directed to go to the prisoner's cell by what is called the swab of the station, whose name is White—he directed me to go there—I did not go with the swab—I said nothing to him till he spoke to me—I mentioned this communication to Mr. Wontner, the solicitor, the same day that I heard it.
SOPHIA COFFEY . I live servant in a family at No. 9, Onslow-square. I have seen Baker—I know Ricketts—I lent him a screwdriver—I gave it him at our house—he came to borrow it, between 3 and 4 o'clock in the afternoon—he did not bring it back—I went to Sir Hyde Parker's to inquire for it—I saw Baker, and told him, and he said he would bring it to me, and he brought it on Monday—I told Baker I wanted the screwdriver that I had lent to Ricketts, and he said he would bring it.
WILLIAM SMITH . I am a sergeant in the Scotch Fusileer regiment of Guards. I know Baker—he had been formerly in that regiment—he received his discharge on 12th Sept.—that was the day when he became entitled to it—this (looking at it) is the certificate given him on his discharge—on that day I paid him a sovereign—that was all he was entitled to.
Cross-examined by MR. BALLANTINE. Q. What was he in the army? A He was a private, but was employed as a servant; he would have a regimental dress—if that dress belonged to the previous year it was his own—if it belonged to that year he would return it—his character was good.
Cross-examined by MR. PARRY. Q. Do you know Crossley? A. Yes, upwards of twenty years; he was in the regiment, and he got his discharge—this is his discharge (produced)—I think he was discharged ten or twelve years ago—he was discharged at his own request, and had twelve months" pay.
JAMES THOMASON . I am waterman at the cab stand at Brompton. I was at my stand on Sunday night, 27th Aug.—I saw Crossley and Ricketts come to the rank between 8 and 9 o'clock—they wanted a cab, to go to Bermondsey—there were several cabs there—Crossley was intoxicated—he did not go in a cab from that stand—there was an altercation between the driver and them—the caiman wanted to be paid his fare first, because Crossley was drunk—I advised Ricketts to pay the fare—he said he would—he said to Crossley, "I will pay the fellow his fare, and you will have nothing to pay when you get to Bermondsey-street"—the driver said he was no fellow; he worked hard for his living—Crossley fell down in the middle of the rank—I was the first to go to" him—I called Ricketts to come and help him up—they went away, and I saw no more.
WILLIAM CHAMPION . I am a cab driver. I was on the stand at Knights bridge on Sunday evening, 27th Aug.—I merely put Crossley into a cab—Ricketts paid the fare—I did not drive the cab—Crossley was drunk—he was to be taken to Bermondsey.
Cross-examined by MR. PARRY. Q. He was very drunk? A. Yes; he made a rare noise.
JOHN JONES . I live at No. 13, Pond-place, near Onslow-square. I am a little acquainted with Ricketts—I being out of place, he gave me a little work in the stable, as groom—I knew him just before he went to Scotland—he came to me on 26th Aug., and asked me to go to the stable to fetch his boxes, as he was going out in the morning—this was at the stable, behind Sir Hyde Parker's house—I packed the boxes myself—they contained wearing apparel; nothing besides—he asked me to get him a bed, for something was going on very unpleasant—he slept that night in a room in the same house that I lodge in—the next morning he started at half past 5 o'clock, to be at Paddington at 6 o'clock—I think I helped to put his I luggage into the cab, and the cab man helped—I went with him, and saw him take a ticket for Bristol—I saw it put on his boxes—he took nothing with him but his own wearing apparel.
THOMAS WONTNER, ESQ . I am solicitor to this prosecution. It was by my advice that what was said about money being found at Crossley's house should not be mentioned—I gave notice to the prisoners themselves that that evidence would be mentioned here—I attended the examination at which Ricketts was examined—after he gave his evidence in chief, some questions were put to him by Baker—they were not taken down—I requested Mr. Arnold to have them taken down, but he said it was quite unusual, and he did not like to depart from the ordinary course—the first question I remember his putting was whether Ricketts had not done something to disfigure the plate—Ricketts' answer to that was taken down—another question I remember was, whether he had not borrowed a chisel to break open Sir Hyde Parker's cellar—the answer to that was taken down—another question, and the only other that I remember, was, whether
Ricketts did not sleep in Sir Hyde Parker's bed while he was staying at the house.
Q. Do you remember any question about aquafortis? A. That was the answer—the question was by Baker, "Did you do nothing to disfigure the plate?" and the answer was, "I got some aquafortis," as he called it—in answer to the question whether he slept in Sir Hyde Parker's bed, he said he did not; he slept in the stable—after Baker had cross-examined him, Crossley put some questions, which were not taken down, but the answers to them were—I think the first question was, "On the Sunday did not you and Baker bring the first lot of plate out of the pantry, and put it on a table, or the dresser, I forget which?"—that was answered, and the answer put' down—he then said, "Did I help to weigh the plate?"—the answer to that was put down—he asked him also the same question that Baker did before, whether he did not go out and get something—he said, "Was not there a dish which you said was not silver, and did not you go out to fetch some aquafortis, or something, to test it?"—there was another question, whether, on Crossley's entering, there was not some wine on the side table, or dresser, I forget which—his words were, "When I came down stairs on the Sundays, was there not a bottle of wine on the dresser?"—he asked a number of questions about a previous visit on the 24th—he made a statement that on the 24th, Ricketts had come to his house in company with Baker, and he asked him whether he remembered it; and he asked him whether he had not been there, and invited him to come to Onslow-square to dinner on the Sunday, and he asked Ricketts if he remembered it—I recollect another question he asked Ricketts, whether on the Monday when he came to his house with Baker, he did not go to a public house, and ask the landlord for a pen and ink and paper, and write down on that paper some words, which they all three signed—he afterwards asked, "Did not I say, after I had signed the paper, I would have nothing further to do with it t"—he asked Ricketts if he did not tear up the paper afterwards, and Ricketts said he did not—he asked Ricketts to state what words he had written down upon the paper—that is all that I remember—he put several other questions—the answers were all taken down.
BAKER— GUILTY . Aged 33.
CROSSLEY— GUILTY . Aged 52.
Transported for Fourteen Years.
1128. GEORGE SMITH , burglariously breaking and entering the dwelling house of Elizabeth Evans, in the parish of St. John, Clerkenwell and stealing 8 rings, and other goods, value 2l. 8s.; her property.
MR. PAYNE conducted the Prosecution.
ELIZABETH EVANS . I am single, and live at No. 20, St. John's-square, in the parish of St. John, Clerkenwell; it is my dwelling house. I have a shop, which is part of my dwelling house—on Saturday night, 16th Sept., I put the shutters up a little after 12 o'clock—I barred them, and left them safe—I then went to bed—I was disturbed between half past 2 and 3 o'clock—I was awoke by a sort of nibbling noise, which I thought was rats, being troubled with them—I listened, and heard a sort of jumbling against the shutters, which we sometimes have when drunken men fall against them—soon after I heard a great noise, as if the shutters and bar hid fallen down, and I heard a smash—I sleep in the parlour adjoining the shop—I got up and dressed myself, and Mr. Bailey spoke to me—a policeman then said, "Open the door, and we can get in"—there were two policemen
who brought in the prisoner—I had seen the prisoner that night about half past 11 o'clock; he came in and bought a pair of black bracelets, and some other things, which came to 10d.; he would be able to see the condition of the things in the window—he looked at one pair of bracelets, and did not like them, and he went to another part of the shop, and bought a pair of black ones—when I went to the window, I found the window was broken, and the glass was fallen, and a box of eight gold keepers was gone—I had left them quite safe when I went to bed—these articles are mine.
COURT. Q. Could a man, putting his hand in, reach that box? A. Yes, quite well—these are the sort of articles I had (looking at them)—I know these are mine—my house is at the corner of Jerusalem-passage.
Cross-examined by MR. MEW. Q. Where is this Jerusalem-passage? A. My house is the last in the square, and the beginning of Jerusalem passage—the next house is in the passage—the passage is not very long; it runs from St. John's-square to Aylesbury-street—I had not known the prisoner before.
WILLIAM BAILEY . I am a stationer; I lodge in the house of the last witness. I was at home and in bed on the night of 16th Sept—about half past 2, or a quarter to 3 o'clock, I heard a rumbling at the shutters—I did not take any notice at first, because we have been so used to it by persons passing—I heard a second rumbling, and I got up and looked out of the window—I saw three persons running from the shutters, and I heard the glass fall at the same moment—I looked out of the front window on h first floor—to the best of my belief, the prisoner was one of the three who ran away—I did not see the constable stop anybody, but I saw him bring the prisoner back—I believe him to have been one of the three; I had a good view of his back, and his whole person—I only looked down upon him.
JESSE BRENCHLEY (policeman, G 76). About a quarter before 3 o'clock in the morning of 17th Sept., I was on duty in Aylesbury-street, which is the street Jerusalem-passage comes into; I beard the smash of glass—I looked down Jerusalem-passage, and "saw the prisoner and two others run from the shutters of No. 20, St. John's-square; I stopped at the top of the passage till they came to the top—I caught at them, but missed them—they all three ran down the Green—I pursued the prisoner, and caught him in Red Lion-street—the others escaped—I told the prisoner he must come back with me—he said very well, he would go back, he had not done anything—I asked him what he ran away for—he said he did not know that he was running for anything particular, he had been running with the other two—they all three came from the shutters of No. 20—I went there, and when I got there I found the bar pressed out in the middle, and one of the shutters pressed over the other—I found these articles on the pavement, and this box was projecting out of the broken pane—I searched the prisoner, and found on him a screwdriver, and a large clasp knife.
Cross-examined. Q. Did you ever say before, that you asked him what he was running for, and that he said he did not know that he was running for anything? A. Yes; at the police court.
(The prisoner was further charged with having been before convicted.)
CHARLES KEMP (police-sergeant, S 22). I produce a certificate of the prisoner's former conviction—(read: Central Criminal Court, Feb. 1851; Henry Leaf, convicted of breaking and entering a dwelling house, and stealing therein: having been before convicted. Transported for seven years)—the prisoner is the man.
GUILTY . Aged 28.— Four Years' Penal Servitude.
PLEADED GUILTY . Aged 23.—Recommended to mercy.— Confined
MR. LILLEY conducted the Prosecution.
HENRY ROBINS . I live in Fox-court, City-road. On Monday evening, 25th Sept., I was returning from work—I was passing Richmond-road—I saw the prisoner and another man—I was behind them, walking towards Copenhagen-street—I heard the other man say to the prisoner, "Let this one go past; he is an Irishman, let him go past"—the prisoner said, "No, I shall see whether he is an Irishman or not—he asked me whether I was an Irishman—I told him I wanted to go home—he said he should make me say whether I was an Irishman, and with that he struck me a violent blow in the mouth with his fist—I told him I should give him into custody—he said he should give me something to give him in charge for, and he struck me another blow, and ran away down Payne-street—I followed him—he ran into a house—I placed myself in a position opposite the house—I said I should wait till he came out—I saw him again; he ran out of the house with a knife in his hand, and as he came out he said, "You b—r, I shall give you something to give me in charge for",—he ran across the road to me, and as he ran towards me the knife was raised in his right hand—I put up my hand, and he ran with it against me, and the knife cut me in the thumb ball of the left hand; and he struck me at the same time with his fist in my breast, and knocked me down—when he had the knife raised, he came up to me on the run-my thumb bled very much, too much for me—the prisoner then ran into another house—I believe it was No. 34, Payne-street—I placed myself opposite, and in about ten minutes I saw him come out, and saw him come down the steps with a woman—he had not the same dress on that he had when he went into the house—when he went in he had a jacket, and when he came out he had a white smock frock—I followed him till I saw a policeman, and I gave him information—the prisoner saw me speak to the policeman, and ran away—I saw him taken into custody—my thumb was dressed by a surgeon—the prisoner is the same man who came out with the frock, and the same man who struck me with the knife—I am sure of it—it was between 6 and 7 o'clock; near upon 7—it was just dusk—there was plenty of light to see who it was—the prisoner was three parts drank—they were lighting the lamps.
Cross-examined by MR. PULLEN. Q. What time was it the policeman came up? A. Between 7 and 8 o'clock—it might be nearer 8 than 7; I had no watch—I will swear that it was not more than an hour and a half after I had been attacked—it was not an hour—it was about three quarters of an hour—during that time I was following him—I stopped about ten minutes at No. 34, Payne-street, and about the same time at the first house—it was from five to ten minutes—the rest of the time was taken up in following the man; it was more than half an hour—I followed him up Barnsbury, round Barnsbury-park—I then met a policeman, and spoke to him—the policeman came up on my way back, up Barnsbury—when the policeman came up with the prisoner, in Barnsbury-street, he ran away from the woman—there were two men at first—the prisoner ran down Payne-street—the other man ran away—the prisoner went to two houses in Payne-street,
and then turned into Barnsbury-street—the man who was with the prisoner went away; I never Raw him again—I could see both of them distinctly—I know the prisoner again.
Q. Now look at this man (Farrell). Do you know him? A. I never saw him before—he was not present when I had this row—there was no one in the street—this man was not present at the beginning, when the man first struck me—he was not one of the two—when the man who struck me went down Payne-street, I saw what house he went into—I followed him—I do not know the number—I did not knock at the door—I staid there about ten minutes, till he came out with the knife in his hand—it was something of a pocket knife—he ran with it at me—I was not fighting—I never raised my hand against him—I told him I should give him in charge—I do not know the number of the first house he went into; I was too confused—I was confused after the knife was used, but I saw the house he went into.
JAMES SMITH (policeman, K 220). On 25th Sept. I saw the prosecutor—as near as I can say it was from 5 to 10 minutes past 5 o'clock in the evening, when he gave me some information—he pointed to somebody, and I looked in that direction—the person to whom he pointed ran away as soon as he saw him speak to me—I pursued and took him—it was the prisoner—the prosecutor was quite sober—the prisoner had been drinking—I know Payne-street; it is inhabited by both Irish and English—I told the prisoner the charge; he said he knew nothing about it, he had never seen the man.
Cross-examined. Q. Had you seen the prosecutor long before you took the prisoner? A. About five minutes—the prisoner was about thirty yards from the prosecutor—there was a woman with the prisoner—there were other persons in the street, but on this side of the way there was only the prisoner and the female—the prosecutor was on the opposite side of the road, speaking to me—the prisoner was not drunk; he had been drinking—where I took him was over a quarter of a mile from Payne-street—it was not dark; it was getting dusk—it was a star light evening—the stars were just coming out.
MR. PULLEN called
SARAH THOMPSON . I live at No. 30, Payne-street; I am landlady of the house. I know the prisoner—I saw him on 25th Sept., about 6 o'clock in the evening—he was at home at my house, having his tea—I am positive he was at home' at 6, and after 6, till very near 7 o'clock—he remained in the house till about 7 o'clock, or a few minutes after—he then went out, and I do not know what became of him—when I saw him again was at the bar here—I do not know that any one was with him when he went out of my house—I was at the step of my door when he went out—there was no person with him—I heard a noise in the street that night between 6 and 7 o'clock—I was on the step of my door—I could not see any person—it appeared like men fighting—I went on the other side—there was a fight of some sort opposite No. 34—the prisoner was at that time in doors, having his tea—that was before he left my house—he did not see it at all—it was over, and the men were distributed about the street—I saw a man run into No. 34—I am not able to say who it was—it was not the prisoner.
Cross-examined by MR. LILLEY. Q. Have you a clock in your house? A. Yes—it was on the 24th or the 25th—it was four weeks on Monday—I am unable to take my oath it was on Monday, but I think it was Monday—I know it was 6 o'clock, because I looked at the clock when my husband got up from his tea to go out for his tobacco, which he always does after
tea—it was part 6 o'clock—it was 6 o'clock when the prisoner was taking his tea—he comes home at 6 o'clock—he does not let himself in with, a latch key—I have a string to my door, but the door was open that night—he occupies the kitchen—I did not take tea with him, but as I was on the opposite side of the way, I saw the prisoner in door taking his tea—I could not see him when I was on the step of my own door—the street is not straight—I cannot see No. 34 from my door—it was between 6 and 7 o'clock when the prisoner was having his tea—I was standing on the step of the door when he went out; it was between 6 and 7 o'clock—I had looked at the clock lately, because I had a young lady, and I was going to put her to bed—soon after 6 o'clock, in the regular time, I put her to bed—I do not mean to say, on my oath, that I looked at the clock every time I went into that room.
MR. PULLEN. Q. How soon after the prisoner had his tea did he go out? A. He went out about 7 o'clock—he was about half an hour, at tea—he was talking—I cannot tell how many other lodgers there are in the house—there was a shoemaker in the house—the others were out of work—the prisoner was a hard working, sober, honest man—I am certain he left me on that evening, and did not return—I have never seen him since—he had lodged with me about four months—I did not know him before that.
JOHN FARRELL . I live in Gloucester-place. I was in Payne-street on 25th Sept.—it was between 6 and 7 o'clock; I cannot tell exactly to a minute—I saw plenty of people in Payne-street—I am positive I saw Robins nine or ten yards from Payne-street—there was another chap with me—I spoke to Robins—when I first saw him, I heard him say to the other man that was along with me, "He is Irish, let him go his way"—the the other chap who was with me is named Farrell—I am certain it was the prisoner at the bar.
COURT. Q. Was he not behind you? A. We were walking after Robins—we were behind him; we passed him.
MR. PULLEN. Q. Did the other man say anything to Robins? A. Yes, they were talking together—I cannot exactly say how long—they held discourse about ten minutes—they had some words together; they were quarrelling—I was there—nothing took place at that time but talking—there were fists afterwards; Robins was hit, and his cap was knocked off—he was hit by one or both of us; I cannot say which—when we had finished our conversation with Robins, we walked down Payne-street—we went to No. 34—I had not a knife with me; I never saw any knife—the other man was along with me; he went into No. 34—when I had been there ten minutes, I came out, and came home—the other man stayed with me all the time—we stayed in together, and came out together—I wore a jacket.
COURT. Q. Neither you, nor the man that was with you, went to the man with a knife? A. No, I never saw no knife—I did not touch anybody, nor did the man with me.
MR. PULLEN. Q. Did you speak to Robins after you came out of No. 34? A. No—the other man did not, as I know of—I did not see Robins at the door when I came out.
Cross-examined by MR. LILLEY. Q. Your name is John? A. Yes; the other man's name is Michael—I lodge in Gloucester-place, Islington, opposite the police station—that is about ten minutes walk from Payne-street—I came down Payne-street—I was looking at a row—it was the same row that I was in—I was looking on.
Q. Did not you, yourself, strike the man? A. Perhaps I might.
COURT. Q. When was that; before you got to No. 34, or afterwards? A. Before I got there.
MR. LILLEY. Q. Did you hear Robins complain of being cut with a knife? A. Yes; but I had no knife, nor nobody else.
MR. PULLEN. Q. Did you see the end of the row? A. I saw from the beginning to the end—the last thing, I saw him struck, and saw him knocked down—he fell down.
COURT. Q. You say you saw him struck and knocked down; tell me, on your oath, who did it? A. I take my oath I did it myself—that was opposite to No. 34.
Q. How came you to say that you went away from No. 34, and did not touch anybody, nor the man with you; which is true? A. That is the truth that he was hit.
Q. Is it true that you hit him, and struck him, and knocked him down, or that you went away? A. I hit him, Sir.
(The witness was committed to Newgate, but was discharged at the end of the Session.)
MARY ANN COCKER . I live at No. 34, Payne-street. On 25th Sept, I was sitting at tea with my three children, about 6 o'clock, and all on a sudden the door opened, and in came a man—I jumped up and said, "What do you want here?" he said, "Hold your noise; don't speak"—I do not know who that man was—I went to my street door, and when I got there, the street door was bolted—the man remained in the house—he was dressed like a labourer, with a smock frock on, such as they usually wear—I know the prisoner by sight—I am positive he was not the man—I am positive I did not see the prisoner that evening at all—one of the lodgers down stairs came and took the man down in the kitchen; that was between 7 and 8 o'clock—I do not know what became of that man—I did not see any more of the row—I did not see Robins, the prosecutor—I did not see any one fall.
Cross-examined. Q. What, did the man remain in your room standing? A. Yes; I had lighted my candle—it was between 7 and 8 o'clock—it was dark in the passage when I went out.
COURT. Q. Who took the man down in the kitchen? A. A person who lives in the back kitchen—I do not know his name; he is not a lodger of mine—the house is let in separate tenements—I do not know whether the man with the smock frock went out again; he was taken down in the kitchen—it was a smock frock he had on, and such a jacket as bricklayers in general wear—it was a smock that goes round the waist—I was so frightened, that I cannot exactly say whether it buttoned up in front.
MARY COFFER . I live down the Lower Road, Islington. I was in Payne-street on 25th Sept., a little before 8 o'clock—the row was over—I went to Mrs. Thompson's—I saw the prisoner there having his supper—I did not remain ten minutes—I did not see any more of the row, only standing about the street.
Cross-examined. Q. How do you know it was about 8 o'clock? A. I was looking to see my husband.
GUILTY . Aged 21— Confined Six Months.
THIRD COURT.—Thursday, October 26th, 1854.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. KENNEDY; and Mr.
Before Common Serjeant and the Seventh Jury.
1131. EDGAR GREEK , embezzling 16l. 19s. 6d., the moneys of Richard Swift, his master: also, stealing 2 warrants for the delivery of 16 cases of caoutchouc manufactures, and 1 other warrant for the delivery of goods of the said Richard Swift, his master: to which he
PLEADED GUILTY . Aged 25.— Confined Six Months.
PLEADED GUILTY . Aged 39.— Confined Three Months.
PLEADED GUILTY . Aged 18.— Confined Four Months.
PLEADED GUILTY . Aged 14.
(Henry Beresford, superintendent of the railway police, stated that the luggage train was stopped by the hook in question; but that, had it been the express train, which was due, the consequences would have been very serious.)
Confined Fourteen Days.
(The prisoner's father gave him a good character.)
PLEADED GUILTY . Aged 21.— Confined Twelve Months.
PLEADED GUILTY . Aged 41.— Confined Four Years.
(He was stated to have been the ringleader of a notorious gang for the last twelve months.)
MR. RUSSELL conducted the Prosecution.
WILLIAM HALL . I am porter of Bishopsgate workhouse. The guardians of the East London Union had their usual meetings on Wednesday, 4th Oct., in the board house in Devonshire-street; at these meetings paupers apply for relief—I attend there to keep order—on 4th Oct. the prisoner made an application to the guardians for relief—he asked for a sovereign—the guardians offered him an order to come in the workhouse, which he refused—he became very insolent and told the guardians they were no gentlemen, and wanted to starve the people; that he had been in the work-house before, and had had enough of it—after talking to him some time the
guardians ordered me to remove him, and he refused to go unless a police constable was brought—I then put my hand on his back very gently, and said, "This won't do, you must go away"—he turned round, and began to strike and kick at me; I closed with him and laid hold of him and he fell on his back, and in that position I got him out of the room—I then let him go; he got on his feet, took a knife from his pocket, and made a plunge at me—it was a small clasp knife, with a black handle, and a sharp point, and it cut through my coat—this is the coat I had on (producing it)—I saw him open the knife, and I got back on purpose to avoid it—the knife has gone through the lining, and cut through my trowsers, through both sides of the pocket—it must have been very near to the skin indeed—a man named Mackoy stopped him—other people interfered; I could not see who they were; and assistance also came from the board room—he was removed by a policeman, named Carr.
Q. Did not you put your hand into my handkerchief, and twist me round the throat and throw me down? A. No; not until such time as you struck and kicked at me.
Prisoner. You dislocated my ribs, and I am now bandaged up from your ill usage; you got your knee on the right side of ray ribs which are dislocated, before I attempted to handle you; after all you are wrong, because the police searched my pocket, and there was no knife to be found; it was a pair of callipers; you do not know a knife from a pair of callipers. Witness. I saw the callipers immediately after you were searched, but you cut me with the blade of a knife.
MR. RUSSELL. Q. Did you see any callipers? A. Yes; when he was searched—I did not use any violence until he refused to go quietly away, and no more than was necessary to get him out of the room—I did not attempt to lay hold of him, until he kicked and struck at me—when I got him out of the room, I let him go entirely before he drew his knife—I am quite sure that the instrument was a knife, and not a pair of callipers—I saw him open it.
PATRICK MACKOY . I am a tailor, residing in Sweet-apple-court, Bishopsgate-street. I was attending the board of guardians on the afternoon of 4th Oct.—I saw Hall dragging Bethel out of the room—Hall pushed him away, and after pushing him down he probed his knife at Hall—before he did so he was quite free from Hall, and could have gone away—I saw the knife open in his hand—he poked his knife at Mr. Hall—I saw the blow he made at him—I could only see part of the knife; it was a dark handle, and I saw about two inches of the blade—I assisted; I caught hold of his arm, and said, "Go away quietly"—I believe Carr afterwards came in, and turned him out.
GEORGE CAR . I am the beadle of Devonshire-square, Bishopsgate, and am constable. I was called in on this morning, and turned Bethel out of the place—I did not take him into custody at first, not until twenty minutes afterwards—I searched him—I did not find a knife; I found a pair of callipers—I do not know whether there was a knife found anywhere about the premises—I did not search the premises—a pair of callipers would not cut like a knife.
Prisoner's Defence. I am a smith in London, and have been forty years a fireman; I never had any trouble until I came to this parish, and what brought me here was, I had a piece of iron in my thumb for six months; I had been in the hospital, and was getting a little better; I had nothing to support me; I went to the Union, and I came out as I found my thumb
was getting better, and tried to go to work; I had something that I was making, and I went and asked them to let me have the money to set me going; I have nothing to say about assaulting Mr. Hall; he roughly handled me, and I might have struggled when he got his hand in my neck; I never got up till I cried murder; he let me go then, when the people came round me, and then he pushed me out, and I struck at him with the callipers.
GUILTY . Aged 66.— Confined One Month.
1138. JAMES TURNER and JOHN JAMES , breaking and entering the dwelling house of Thomas Harvey, at St. John, Hackney, and stealing therein 3 handkerchiefs, 1 pair of shoes, 3 caps, and 1 collar, value 9s. 6d., the goods of Elizabeth Clark; and 1 coat, and 1 pair of snuffers, value 2l. 11s., of said Thomas Harvey.
MR. COOPER. conducted the Prosecution.
ELIZABETH CLARK . I am servant to Mr. Thomas Harvey, of No. 4. Grove Road, Hackney. On 28th Sept., about 8 o'clock in the, evening, I was in the kitchen, ironing, and heard a noise at the top of the house—I went up into the parlour, and not seeing anything, I went down again; still I kept hearing the noise that I first heard—I went up stairs again, and in passing along the hall, I heard footstep over my head; I then quietly walked to the street door, took down the key, and locked the door after me—after I got out of the gate, I locked it after me, and on looking up, I saw a light on the second floor—I went to the police station, which is about ten minutes' walk, gave information, and eight or nine police constables went back with me—I unlocked the door, and went up stairs with them—I found the top attic window Open, also the drawers pushed from the window to the side of the bed—previous to my hearing the noise, that window had been shut; I had shut it, and fastened it at 7 o'clock in the evening.
COURT. Q. Was the window fastened? A. Yes; I had fastened it myself—I looked at the drawers in the next room, and found a drawer broken open in the front attic—nothing at all, that I am aware, of, was taken out of that drawer—I found a great coat removed from the door on to the bed; that was on the door at 7 o'clock that evening—I had shut and locked the next room door, and had the key in my pocket; I found the door broken open—there was a box in that room shut, but there was a box containing linen, open; I found the things in that box scattered about on the top of the box.
MR. COOPER. Q. Where were they taken from? A. From the bottom of the box, and scattered on the frame of the box—I had sent the snuffers, now produced, in the previous part of the evenings on the slab in the hall; these (produced) are the snuffers that stood on the slab in the hall.
Cross-examined by MR. SLEIGH. Q. Is the next house unoccupied? A. Yes; I left the snuffers in a candlestick on the slab in the hall, and when I went for my candlestick, they were gone—I am able to say that those are the snuffers, because they are broken at the point, and they are exactly the pattern of the candlestick—I can swear to them—I left them in the, candlestick in the hall, at about a quarter to 8 o'clock in the evening, and when I went for my candlestick, a very few minutes afterwards, they were gone—I then took the candlestick down to the kitchen; and I still heard this noise—we have only one candlestick, and one pair of snuffers in the house of the same pattern—my masters name is Thomas Harvey—this is his dwelling house.
JONATHAN BECK (policeman, M 228). Mr. Thomas Harvey's house is in the parish of St. John's, Hackney. At 8 o'clock on 28th Sept., I was on duty in Hackney Grove—the last witness came to me—I went to the back of the house, No. 4; another constable took the front—after being there two minutes, I saw the prisoner, James, escape out of No. 4, which is Mr. Harvey's house—I saw him run along the parapet, and go into No. 3, which is an unoccupied house—he placed himself against the back door—I had not remained there above ten minutes, before the assistance of another constable came, Charles Knight, when both the prisoners made their appearance at the back parlour window—James spoke first; he said, "It is a settled case with us, we cannot get away, and the best b—y man you have got, come in and take us"—I did not hear Turner say anything—I saw James come out of the attic window, No. 4, run along the parapet, and go into No. 3; I placed myself against the back door, and waited till the constable, Charles Knight, entered the house, and took James—I followed after, and took Turner into custody—we took them to the station house—I searched Turner, and found a pocket book, three half pence, and seven lucifers (produced)—I also found a pair of snuffers.
Cross-examined. Q. Where did you find them? A. On the middle landing—there was no candlestick with them; they were laying on the stairs, leading from the attic to the next floor—on the middle of the stairs of the unoccupied house, about half way down—there was no other property with them.
CHARLES KNIGHT (policeman). I was with the other policeman on this night—I went into the house No. 4, Hackney Grove, Mr. Harvey's—I found the window open, and a box broken open—I took James into custody—I searched him at the station, and found upon him a glazier's knife—on the next morning, I went to the garden of the house, No. 3, and found a life preserver and a box of lucifer matches (produced).
WILLIAM SMITH (policeman, M 138). On the morning of 29th Sept, I went to the house and garden, No. 4, Hackney Grove—I found these keys (produced)—I also found this wax taper and life preserver (produced).
TURNER— GUILTY . Aged 25.
JAMES— GUILTY . Aged 30.
Four Year's Penal Servitude.
JAMES WILLIAM BARLETT . I live in Houndsditch. I have seen the prisoner several times at my shop—I lent her 3s. on 11th Oct.; she came between 10 and 11 o'clock, and asked me for the loan of 3s. for Mrs. Reddington, a customer of mine that I was in the habit of lending money to—I knew she had lived at Mrs. Reddington's, and I had lent her money for Mrs. Reddington before—I let her have it, because I believed what she said.
MS. JANE REDDINGTON . The prisoner left my service on 8th Oct.—she was in my service two months—I dealt with Mr. Bartlett—on 11th Oct., after she had left my service, I did not send her to borrow money of Mr. Bartlett.
Prisoner's Defence. I intended to pay it on Saturday.
GUILTY . Aged 49— Confined Two Months.
M. HORRY conducted the Prosecution.
hundreds of times—he was in my service on 17th Oct.—I employed him to go to Mr. Farringdon's, "Windsor-terrace, Old Kent-road—I gave him a cheques for 39l.—he had instructions to bring me eight sovereigns back—he did not bring them back—the 39l. cheque was left with Mr. Farringdon, who was a friend of mine—the 31l. was to be left with Mr. Farringdon—I did not receive 8l. from him, nor a farthing.
HANNAH FARRINGDON . I am the daughter of William Farringdon, of No. 6, Windsor-place, Old Kent-road, a baker. On the afternoon of 17th Oct. I saw the prisoner, and received from him a cheque for 39l., about 20 minutes to 3 o'clock, as near as I can remember—I gave him 8l., some sovereigns and some half-sovereigns.
THOMAS GEORGE GISLEY (City policeman, 245). Between 11 and 12 o'clock, on Tuesday night, 17th Oct., I went to No. 9, Brazier's buildings, Farringdon-street, and found the prisoner in bed—I awoke him, and told him to put his things on—as soon as he had dressed himself, I told him what I had come about—I asked him what he had done with the 8l. which he was to deliver to Mr. Ash well—he said he had been hustled of it—when at the station, when he was told the charge, he said he had left it in the care of Massey, a friend of his, at No. 107, Fetter-lane, that evening; that they had been drinking together.
JAMES FREDERICK SIMES . I am the landlord of Cogers' Hall, Bride-lane. On the afternoon of 17th Oct. I saw the prisoner and two others at my house, about 3 o'clock—one was a cab driver—Massey and Redfern were at my house, in the parlour, with the prisoner—this was shortly after 3 o'clock—they had 6d. worth of gin—one of the parties pushed a shilling over the counter; which one I am not able to say positively—they were all three standing close together—I gave him the change for it—the prisoner was very far advanced in intoxication, and seeing that, and seeing that he had money, I declined to serve him with any more—I saw him produce some money from one of his pockets—it was gold—it fell on the floor—it was picked up, and Massey asked for a piece or paper, which I gave him—I believe the money was wrapped up in it—I did not see to whom it was given again—in consequence of what I observed, I took the number of the cab, but I made a mistake in doing so—Massey and the prisoner came in the cab, and Redfern was the driver—I saw money put into the paper—it was returned to the prisoner, to the best of my belief; I do not know with certainty—the two men got into the cab, and the driver got on the box, and drove them away—I did not observe any symptoms of intoxication in either of the other two.
EDWARD ROBERTS (City police-sergeant, 53). At 20 minutes past 3 o'clock, on the afternoon of Tuesday, 17th Oct, I was in Bride-lane—I saw the prisoner and Massey in the cab, in front of the Twelve Bells public house—I saw the cab drive from there to the corner of Shoe-lane—the prisoner got out, and the other was lifted out by the cab man, being so intoxicated they were not able to walk—it might have been about half past 3 o'clock at the time they got to the corner of Shoe-lane, in Fleet-street—we kept him at the station house till about 9 o'clock at night—we searched his pockets—the prisoner pulled out what money he had, some silver, from his pockets—he said he should go to see Mr. Ashwell—he said he ought to have 6l. in gold, and four half sovereigns; and by the quantity of silver, I should say he had about 9s. or 10s. in silver—he said that the silver he had was his own, private money.
of 17th Oct. I saw the prisoner, and Massey and Redfern, at, my house—they called for something to drink—Holt called for a bottle of wine—he said he had won some money on some races, or something of that sort—he made some remark about winning money, to the best of my recollection—they had a bottle of wine and cigars, which the cab man gave me the money for afterwards—the other parties had previously got into the cab,
Prisoner. Q. Who ordered the wine? A. I should not like to swear that you ordered it; to the best of my belief you did.
JOHN HENRY REDFERN . I am a cab driver, and live at No. 104, Waterloo-road. About 3 o'clock on Tuesday, 17th Oct., I was in Union-street, Borough—I saw Holt and Massey, and took them up—Holt was a little the worse for liquor—they told me to drive to the Blue Pump—I drove there—both of them got out—I believe we had a quartern of gin there—Holt said, "We will have something to drink here, Massey;" and we had some gin between us—we afterwards went to the Cogers' Hall, and had some gin there—I saw Holt change a sovereign there—from there we went to Mr. Johnson's—while we were at Mr. Simes' there was some money dropped, which Massey picked up and wrapped in a piece of paper; it was given to Holt—we drove next to the Twelve Bells—Holt gave me 5s. to pay for things there—Holt said he would go round the corner and have some wine—I paid for that—Massey gave me two half crowns—I set them down at the corner of Shoe-lane—the prisoner first appeared incapable of taking care of himself after he got out of Johnson's—Massey was with him when he called me.
WILLIAM MASSEY . I am a painter, living at No. 107, Fetter-lane. I know Holt—on 17th Oct., in the afternoon, he asked me to go over the water with him—he said he was going on some business, with an envelope in his hand directed and sealed—I went with him—I told him I wanted to go into Bermondsey; I said I had no objection, if he would allow me time—I went, I think, as far as the Old Kent-road—we went into a public house; I do not know what public house that was—I do not know Mr. Farringdon's—he went away from me about twenty minutes or half an hour, and then he came back to the same public house—ho said, "I have done my business; are you ready?"—when we got out in the road, he appeared worse than he did when he left me; as if he had had drink in my absence—we had walked a considerable distance before I called a cab—we went into the Pump, and afterwards to the Cogers' Hall—after we had had 6d. worth of gin, he pulled a packet of money out of his pocket, and said, "You see I have got plenty of money"—he said, "We had," or "they had won a good deal of money;" that there had been 100l. won—he did not say he was going for money—he made a remark about horse races—I do not know anything more, but he said they had had luck—he did not say how they had had it, or got it—I cannot recollect now what ho said—I think he said something about 100l., but I do not know what—I saw some money in gold; sovereigns and half sovereigns—the money fell, and I picked it up—I asked for a piece of paper—I put four sovereigns on the counter, but Holt put the money in the paper, and put it in his pocket—I did not have the money in my hand at all—I picked four sovereigns up, and placed them on the counter with the rest of the money—there appeared to be about 6l. or 8l.—there were four sovereigns fell; but I cannot say what there was exactly—after the money was picked up and put in paper, Holt placed it in his waistcoat pocket—we afterwards went to the Twelve Bolls with Redfern.
Prisoner. Q. Were not you out of my company? A. Never—from the
Cogers' Hall we went to the Twelve Bells—I do not know the time I left the cab, but I was taken up by Mr. Brewer and his carman to the house where we came from; they found me in a state of drunkenness, and assisted me to Whitliff's; and I had no consciousness when I left the cab, until I was told—we were in Cogers' Hall at half past 3 o'clock; when we reached the corner of Shoe-lane, it was a quarter to 4 o'clock, and then I was taken to the station house—I have no recollection of what passed after we left Johnson's house.
Prisoner's Defence. It was 20 minutes past 3 o'clock when we were at the Cogers' Hall; I had the money right enough at the Cogers' Hall; it was wrapped up in a piece of paper; from there we went to the Twelve, Bells, and from there to the corner of Shoe-lane, where I was taken into custody by the constable, and was not let out of the station before a quarter to 9 o'clock; I have worked for Mr. Ashwell a good many years, and he has trusted me with various sums, besides his house on one occasion; and it is not likely I should sell myself for 8l.
NOT GUILTY .
OLD COURT.—Friday, October 27th, 1854.
Before Mr. Recorder and the First Jury.
(MESSRS. RYLAND and LOCKE conducted the Prosecution, and MESSRS. CLARKSON and BALLANTINE appeared for the defendant. The defendant PLEADED GUILTY . To enter into his recognizances to appear and receive judgment when called upon, with the understanding that he will not be called upon, if he complied with the requisitions of the Board of Health. )
MR. GIFFAD conducted the Prosecution.
FRANCES JANE TUCKER . I am a widow. I had the care of the deceased child, Charles Wall, for four months—on Friday, 29th Sept, about 2 o'clock in the afternoon, I was at my house, No. 35, Lower Cornwall-street; Mr. Jabez Bartlett knocked at the door—the prisoner was by his side—he asked for a ring of Mr. Anstey's, the prisoner's husband—I said, "Who is Mr. Anstey? I do not know him"—the prisoner stepped forward, and said, "It is my husband, you long cow;" and she said, "You lie, you have his gold watch and chain"—I had said nothing between her calling me a cow, and her saying that—I said, "Oh, you wicked, false woman, bring your husband to my face!"—she afterwards said, "Well, never mind, let us have some thing to drink," and put her foot on the mat, over the threshold of the door—I had never seen her before—I was standing inside the door; she said to Mr. Bartlett, "Come in"—he said, "Not without this person's permission," or "consent;" I am not certain which—I said, "You will do nothing of the kind;" he then took hold of her arm, and pulled her away—she stood outside, using very bad language—she then came back again, and made a blow
with her fist; I suppose it was meant for me, but it fell on the child (which was on my right arm), on the right side of its ribs—it was a very violent blow—the child screamed; it was nearly eight months old—the prisoner then put her foot up to kick me, and I stepped back, and it just brushed my dress—Bartlett was not holding her at that time—he pulled her away the first time, but she broke from him—I went in and shut the door, and the prisoner broke the window—the child had been well up to that time; there was never any mark on it before, but directly I went in I saw a mark on its arm—it was very cross all night, and next morning as I lifted it out of bed it screamed—I saw a bruise on its side, level with the mark on the arm as if the prisoner's hand had slipped from the arm to the ribs—I sent for a medical man on that Saturday morning—his assistant came on the Saturday, and on the Monday morning the surgeon himself came—the child died on Saturday, 7th Oct.—the child never got better after the blow—the surgeon's assistant is not here—he sent some medicine on the Saturday, and an embrocation to rub the place—I applied the embrocation—the child was very bad on Sunday, I could not get him to take anything—he was very cross, and as I moved him he seemed frightened—the bruise was very dark on Sunday—it was between red and purple—it got worse during the Sunday—I think it was between 12 and 1 o'clock on Monday when Mr. Arthur came—I had continued to apply the embrocation every four hours.
Cross-examined by MR. RIBTON. Q. Did not she ask you if you had known anything of her husband? A. Yes; I told her I knew nothing about him—I did not know the husband any further than this: I was sweeping the door on Thursday, and Mr. Anstey came by—he said, "Good morning ma'am, or miss"—I said, "Good morning"—he said, "Where do you live?"—I said, "In here"—it was about two hours from the time the prisoner first came till the blow was struck—she had come in the morning, about 11 o'clock, and had asked me a question, and gone away again; and she came again between 1 and 2—she did not ask me any question in the morning; it was Mr. Bartlett—he was with her the first time—he asked me the name of the person who had struck Mrs. Anstey—a young man, a friend of mine, had struck her—I gave her his name, it is Cloud—she then went away, and came back about 1 o'clock, accompanied by Mr. Bartlett—the conversation continued about en minutes, or it might have been a quarter of an hour, before the blow was struck—I did not come out of the house; I stood on the threshold of the door, with the child in my arms—there was no one in the house but myself, which made me go in and shut the door—the blow was done with her left hand, with her closed fist—she wanted to come into the house to have something to drink—I had not pushed her, or put a hand on her—she was excited—this was the child of a sister of mine—it was weaned about three weeks before it came to me—I never gave it any medicine, or sleeping stuff—I alone had the care of it—I was at home all day on Sunday—I did not give it to anybody else to take care of—I had it in my arms nearly all day—there are not other children in the house—the assistant did not come on Sunday; he came between 11 and 12 o'clock on Saturday—the blow was struck at 1 o'clock on Friday—the medical man came on Monday without being sent for—neighbours came in on the Sunday to see how the child was—the mother was not there; she was in service—when the prisoner came first, she was not violent—she told me to tell her the truth—I told her that if I was to repeat it a hundred times, I could not say more or less—she was jealous.
row—I saw Mr. Bartlett and the prisoner in the road, and Mrs. Tucker with the child in her arms, on the stop of the door, and the prisoner was in the road; Bartlett laid hold of her, restraining her from doing mischief, but she wrested herself from him, and made a severe blow, which the child received on its right side, and cried most lustily.
Cross-examined. Q. There was a good deal of quarrelling, as far as words were concerned, between the two women? A. Yes—the prisoner was very jealous, and in all probability she had cause.
JOHN ARTHUR . I am a surgeon. On 2nd Oct. I examined the child; he was suffering from phlegmonous erysipelas—that is rather a serious form of erysipelas, it goes beyond the skin, and affects the cellular tissue—there was a slight discoloration on the right side of the chest, apparently where there had been a slight bruise—in my opinion, that bruise was the cause of the erysipelas—I have not had many cases of erysipelas coming from a slight braise, but I consider that the erysipelas was produced by the bruise—it does result from bruises under certain conditions of the atmosphere—in damp weather very trifling causes will give rise to it—I do not know that a bruise on a young child would be more likely to produce erysipelas than on a grown person—the bruise that I saw would be very likely to be produced by a woman's fist; it did not appear to be a severe one—the child got progressively worse, and died on the 7th—I made a post mortem examination of the body—in my judgment the cause of death was erysipelas, which gave rise to other diseases; it produced inflammation of the pleura, and an infusion of serum into the cavity of the chest—the brain was also affected, from sympathy—it was very highly congested, and its membranes also—there was a little effusion over the surface of the brain, and the ventricles—there was no mark on the head to account for that; the whole of those appearances would be accounted for by the child receiving a violent blow on the Friday, producing erysipelas, and the erysipelas producing the other symptoms—in my opinion, the blow was the cause of the erysipelas, and the erysipelas gave rise to the other symptoms.
Cross-examined. Q. The proximate cause of death was erysipelas? A. Yes; there is no doubt of that—it sometimes arises quite independent of any blow, from the constitution being reduced to a state of debility, and from intemperance, exposure, or any previous indisposition—I do not recollect ever seeing erysipelas in a child without a scratch or injury of some kind—I have never seen it produced in a child by cold—I have seen it arise from straining, or from a scratch, from a bad habit, or scrofulous blood—I did not see the child till Monday—erysipelas had then set in twelve or fifteen hours—it is very uncertain how soon it comes on after the infliction of a blow—if I had been called in on the Saturday, I should have applied a lotion to prevent inflammation of any kind—I did not anticipate erysipelas—a lotion, such as was applied, was very proper under the circumstances—I did not see the child on Sunday, nor did my assistant, as he considered it a trifling case, and of little consequence—I do not know what medicine he ordered; I saw the lotion—the blow itself certainly could not have caused death.
COURT. Q. How long has your assistant been with you? A. Six years—he has been apprenticed, he has passed his examination at the College and
Hall, and is a legally qualified man—it was a soothing lotion—lead and oil; nothing else—there is a difference between a lotion and an embrocation; a lotion is applied with a piece of rag or lint, and an embrocation is generally rubbed in with the fingers—I do not think that rubbing would be more likely to produce inflammation than laying on a lotion, because the skin was not broken—embrocation is sometimes given for the purpose of exciting action, but that is a stimulating embrocation—if I had seen it myself I might have ordered it in the form of a lotion—I do not think it possible that the erysipelas was superinduced by the rubbing of the embrocation, not with such an embrocation; but with a stimulating embrocation, such as ammonia, it might—the use of rubbing in a cooling embrocation is to assist absorption—probably if I had been there myself, I should have used a lotion, or a fomentation.
COURT. Q. I understand you to say, that when you saw the child first, the erysipelas had shown itself? A. Yes; it might have been there twelve or eighteen hours—I think it must have taken place on the previous day—of course in that state the rubbing in of an embrocation would not have been proper.
COURT to MRS. TUCKER. Q. When you first sent for the doctor, was there any swelling beside the bruise? A. Yes; that was on Saturday morning it was then of a purple red—I used the embrocation three times on Saturday, and four times on the Sunday; the last time I used it was on Sunday evening about 8 o'clock—I first observed the dark colour of the place on Saturday; at 12 o'clock on Sunday it was much darker—I applied the embrocation after that.
NOT GUILTY .
JOSHUA DALE . I am a blacksmith, and live at No. 5, Tinley-court, Old-street. Last Monday fortnight, about half past 6 o'clock in the evening, I went into the Merry Carpenters, in Old-street, and saw the prisoner there, whom I had known when I used to work at the cowkeeper's, in White-yard, Whitecross-street—he did not live there, but he lived in the same yard, and used to knock me about with a stick twice or three times a day—that was five or six years ago, when I was not able to take my own part—I have grown since then; I am now between twenty-three and twenty-four years old, and am bigger and stronger—I said to him, "Are not you the man who used to knock me about with an ash stick, when I used to work at the cowkeeper's?"—he said, "I will do it again"—I then went outside, and finding that he was quite as inclined to fight as I was, I pulled off my coat, to fight—we set to directly, and had two rounds, and at the second round we both went to the ground, and I felt him run some instrument into my arm, just below my shoulder; it cut through my shirt, and my flannel shirt—I said, "He has broken my arm"—there were a goodish many people round; I do not know whether I got up, or was picked up, as I was senseless with pain—I was taken to St. Bartholomew's Hospital, and examined by a surgeon—I still feel the wound, and my arm is in a sling by the surgeon's directions—I was in the hospital a fortnight last Monday, and am an out patient now—I saw nothing in the prisoner's hand.
JAMES DALE . I am a brother of the last witness. I was present at the fight, and saw them both go down on the second round—I saw the prisoner put his hands in his pockets, just before the second round, but do not know
whether he had anything in his hand—there were no second or backers—there were one or two persons saying, "Don't fight"—I call it a round when they were picked up—it was just before they were going to fight again, that the prisoner put his hands into his pockets—I picked my brother up the last time—I thought that he was all over mud on one arm, but I took him down the court, and found that it was blood—he fainted when he got the blow—I sent for a doctor, and he was taken to the hospital.
WILLIAM POSSE . I five at No. 10, York-court, Hall-street, Finsbury. I and Joshua Dale were standing at the corner of the court, and saw the prisoner pass into the public house; Joshua Dale followed him, and said, "Are not you the man that used to whack me with an ash stick?"—the prisoner said, "Yes;" and Dale challenged him out to fight—the prisoner spoke to some friend of his, and then got up, put his hands in his pockets, and said, "God strike me dead, I will do it;" his friend said, "Do not be such a fool as to do it," and he said it again—they fought, and both fell—when Dale got up he said, "Oh, Bill, I have broke my arm"—I did not notice that the prisoner was in liquor; he walked out well enough into the road; he did not fall from being drunk.
JAMES BRANNAN (police-sergeant, G 21). I took the prisoner, and said, "I want you for stabbing Joshua Dale"—he said, "What do you mean? what do you mean? I do not understand"—he was drunk at that time, but it was seven hours after this happened—I took him at 1 o'clock on Tuesday morning, and this occurred at 6 o'clock the evening before—I took him in Old-street, going to his house I believe-—he lives in the same court as the prosecutor.
SAMUEL STRUTTON . I am a surgeon, of St. Bartholomew's Hospital. The prosecutor was brought there about 7 o'clock in the evening, and I found a very severe wound on the upper part of his left arm, just below the shoulder, about three inches long, and going quite to the bone, an inch and a half deep—it was a very dangerous wound, and bled very profusely—it was very near the principal muscle; and if it had injured that it would have disabled the fore arm.
Prisoner's Defence. I am innocent; I never had any instrument about me whatever; he came in and struck me, and we went out and had one or two rounds.
SAMUEL STRUTTON re-examined. The wound was inflicted with a knife, or some sharp pointed instrument—falling on a sharp piece of pottery or flint would not do it, that would make a jagged wound—it was a clean cut—I was present when he was undressed; the cut in his shirt corresponded with the wound.
GUILTY on 2nd COUNT. Aged 33.— Confined Eighteen Months.
MESSRS. CLARKSON, BODKIN, and PARRY conducted the Prosecution.
HERMAN SMITH . I am a clerk in the office of the Commercial Credit Mutual Assurance Company, No. 52, Threadneedle-street. Mr. Augustin Sargood, is one of the trustees—this is the seal of the company to this policy (produced), and these are the signatures of three of the directors to it—this (produced), is the counterpart of the policy; it is signed by Wright and Bateman—I have not seen them write.
in the writing of the defendant Bateman; it is the signature of the firm—(This was dated June 7th, 1852, and was a proposal by the firm of Wright and Bateman, boot and shoe manufacturers, of Goldsmith's-place, Hackney-road, for insurance with the society, stating their annual returns for the year ending 21st Dec. last, 12,000l., stipulating that the annual premium should not exceed 20s., making 120l.; and undertaking to accept a policy, and to execute a duplicate thereof. The policy, dated 24th June, 1852, signed by the defendants, was also produced.)
Cross-examined by MR. BALLANTINE. Q. Do you speak to your belief so as to entertain no reasonable doubt? A. On this document I have no doubt at all—(This was a claim to be reimbursed the sum of 229l. 9s. 4d., due from Messrs. Fawcett and Parrott, of Lisle-street, Leicester-square, and authorising the society to take proceedings against Fawcett and Parrott to recover the same. Signed, "Wright and Bateman.")
M. BODKIN. Q. Do you produce a letter of 12th July, 1854, inclosing an account? A. Yes; this account is dated 15th, July—I cannot say that the letter inclosed this account.
THOMAS JOSEPH RICHARDSON . re-examined. I believe this letter to be in Wright's writing—(Read: "London, July 12th, 1854. Gentlemen,—We have forwarded you the six months' account prior to the claim, and in answer to yours respecting the bill for 200l., dated the 1st, at five months, as our bankers will not discount our bills over four months; therefore, we date the bill back." Signed, "Wright and Bateman.")
JAMES ARCHER BLACKWELL re-examined. I am not aware that a letter was addressed by the defendants to the society, before the claim came in—this letter book (produced) contains copies of letters, addressed to the defendants—they are copied by a machine—the 21st Aug. is the first that I find here—I did not see the original letter—I am acquainted with Mr. Parker's writing, and, in my judgment, this is a fac simile of it—I cannot say that this letter of 12th Sept. was posted—I did not see the original—I am not aware that I have seen this account before.
THOMAS JOSEPH RICHARDSON re-examined. I believe this to be in Mr. Wright's writing—(This was an account of Messrs. Fawcett and Parrott in account with the defendants for goods in March, April, and May, amounting to 191l. 1s. 2d.; credit being given for 1l. 1s., and a bill of March 9th, for 90l., leaving a balance of 22l. 17s. 11d.)
JAMES ARCHER BLACKWELL Cross-examined by MR. BALLANTINE. Q. Do you know how the claim that has been produced came? A. I am not aware how it arrived at the office—I do not know that it was brought by a clerk from the Norwich Bank—it is the practice of those parties who live in London to send by hand, but from the country by post-—I cannot tell you who brought this list of goods—I observe that it has a number referring to the claim in the office, but how it got to the office I do not know.
MR. BODKIN. Q. Does that number indicate that this claim has been in the office? A. Yes; it is number 2,450; it is in the writing of Sawyer, a clerk in the office, and relates to the claim in question.
on 11th July, and went to the defendant's factory, in Goldsmith-place, Hackney—they have been in the habit of discounting bills with our firm—I believe I saw them both—I stated that I had two bills drawn by them on Fawcett and Parrott, and accepted by them; one at maturity for 109l. 17s., which was dishonoured by us; and the other for 200l., not fully due—these (produced) are them—this policy was placed in our hands as a collateral security—one bill only, the 200l. one, was discounted while this policy was in our hands; the other was discounted before it came into our hands—I was requested by the firm to procure, if I possibly could, collateral security; in consequence of which, I had an interview with the defendants just previous to 27th March, 1854—I cannot tell you precisely the date—I requested further security, and I think on the very same day, this policy of the Guarantee Society passed into my hands on behalf of the firm, as collateral security—I cannot recollect what was said; nothing was said about what the bills were for—I am not aware of having communicated with either of them about it after it came into our hands-—they addressed a letter to the Commercial Assurance Society on 27th March—this (produced) is a copy of it—(This letter was dated 27th March, 1854, and was to the Commercial Assurance Society from the defendants, authorizing the payment of all moneys due to them under the policy of insurance, to Messrs. Harvey and Hudson, bankers, of Norwich, and undertaking to ratify any arrangement that might be so made)—that was the conclusion of the transaction in March—when I came up in July and saw the defendants, I had with me these two bills, and said, "In consequence of the failure of Fawcett and Parrott, these bills become claims on the Society, and I hold them for the purpose of taking them, with one of you gentlemen, to the office, for the purpose of the claim being put in"—I knew the firm of Fawcett and Parrott—they had failed at that time—I am not aware that any claim had been made by the defendants on the society prior to that—Mr. Bateman went with me to the office of the Commercial Credit Assurance Society—I might possibly have waited half an hour before I went with him—when we got there, on my producing these acceptances, Mr. Parker, the manager, required some documents from Bateman, and he gave him a paper written on—I should say that this (produced) is it, but I cannot swear to it—here is an endorsement of mine on it, but I do not think I ever had it in my hand—Mr. Parker requested Bateman to furnish him with more particulars about Fawcett and Parrott upon the other assignment, which Mr. Bateman did at the time, but I cannot remember what he said—I believe this paper to be in Mr. Wright's writing—Mr. Parker said to Bateman, "I remark that this bill for 200l. is dated 1st April, but the goods apparently for which the bill is drawn, are dated 15th April"—Bateman said that he had no doubt but that that could be explained, and I think he said that it was probably an error—I do not think Mr. Harvey is here; I do not know where he is—I believe he is bound by recognizance to appear—he was not here some time since—I can speak to his not having been here up to a quarter of an hour ago—I believe he was bound over by the Lord Mayor, but I cannot say—I do not remember whether Mr. Parker asked any further questions of Mr. Bateman, except what I have told you—the interview lasted twenty minutes perhaps—the result of it was that the regular six months' account should be furnished; I believe that the society require an account of the transactions six months previous to the claim—I spoke of that, and Mr. Parker said that it should be furnished and put in in the regular form, to which Bateman agreed—I cannot say, but I believe that
this account was left with Mr. Parker—(Account read: "Fawcett and Parrott in account with Wright and Bateman, Nov., 1853, to June, 1854 (enumerating different quantities of boots and shoes)—Total, 309l. 17s." On the other side of the account, credit was given for a bill of 109l. 17s., on 27th Feb.; a bill for 200l. of April 1st; and goods on June 24th, 1854, 10l. 7s. 5d.; reducing the amount to 209l. 9s. 9d.)—I believe I had no other interview with the manager and Bateman or Wright—I left these bills in the legal part of the office, and took a receipt for them—my impression is that I did not call again with Bateman, and I do not think I saw Bateman or Wright again after the interview of July 12th, with Parker—I took no steps personally in this matter afterwards, but I remained in London—I was staying with a friend—I left it in the hands of the society.
Cross-examined. Q. Is not Mr. Parker to be a witness here to-day? A. I have not seen him; I do not think that Mr. Harvey is intentionally keeping away—I have sent to his club since I have been here this morning—the original of the letter which I produce from the defendants to the Society, giving them authority to act under the policy, was written, I think, by Mr. Parker himself, and signed at the office by both the defendants—it was, in point of fact, Parker's letter—he said that it was probable that he would know better how to word it—it is a usual form—the effect of that letter is to give the Bank the entire authority, and all interest under the policy, so that whatever money was obtained under the policy would be for the benefit of the Bank—I have known Mr. Wright five or six years probably—they have been carrying on a highly respectable business, and have had many dealings with our Bank in genuine bill transactions—I can speak to two years certainly—we have discounted bills for them, and they have been taken up, with very few exceptions—we always found their dealings correct until this bankruptcy of Parrott and Co., and I have no doubt that it was that bankruptcy which placed them in difficulties—I believe that they were strained for capital, and that the failure of Fawcett and Parrott further embarrassed them—it is my impression that they are tradesmen who have been struggling on to get an honest, respectable livelihood—Parrott and Co., likewise, banked with us—we had no reason to doubt but that they were in solvent and respectable circumstances, but I knew very little of heir business, because their account did not come under my notice—it was very important to the defendants to keep up their credit with our Bank—if we had known that there had been bills of an accommodation character, it would undoubtedly have shaken our confidence in them—when I went to the defendants', Wright told me that it was a regular trade transaction, and that the bills had been given for goods; and then I took the bills to the Society, with Mr. Bateman—the account, in point of feet, was given to satisfy me—they were anxious that I should not know that they had not had goods—I was about to put these into the hands of the Society, even if I had not been accompanied by either of the defendants—I thought that it was necessary—there was a bill of something like 208l. passed through our hands in favour of Parrott and Co., of which the defendants were the acceptors—taking that as an accommodation matter, the defendants had paid the bill of Parrott and Co., and then Parrott and Co. left them in the lurch—the amount was not transferred from the one to the other in our Bank, because the accounts were kept in two different departments, separate from each other.
MR. PARRY. Q. Had you discounted these bills in full? A. Yes; if we do not get the money from the Mutual Credit Assurance Company, we look
to the defendants still, as holding their acceptance, they are liable for the bills—if they cannot compel the Guarantee Society to pay, they will be compelled to pay themselves—if Messrs. Harvey had known that they were accommodation bills, they certainly would not have discounted them—the defendants were straitened in capital, and the failure of Parrott and Co. increased their embarrassment.
WILLIAM FAWCETT . I carry on the business of a boot and shoe manufacturer, at No. 14, Lisle-street, Leicester-square. I was in partnership with Mr. Parrott—we have had dealings with the defendants—this account, alleging goods to have been supplied to us amounting to upwards of 300l. in the course of that year, is not correct—we have not had one portion of the goods which are charged to us after 15th April this year—nothing is correct in the account for goods supplied to us, except 11l. 6s.—these two bills are my partner's writing; excepting the balance of 11l. 6s., they were for accommodation—the amount of them is 309l.—we had the misfortune to stop payment in July, and these two bills were dishonoured—I believe that they became due on the occasion of our stopping, but one is not due by the date-—I believe the defendants were at our house on 12th July—I did not see them—I have seen them since our failure—I saw them both together, in the city, in the beginning of July—they gave me some papers, which they said they wished put into my book, or something of that kind—I believe Mr. Wright said that if they were put into our book it would make him all right, and Mr. Bateman said he knew I could do that—I said I would not do it, but did not look at the papers—I told them that I could not meddle with the papers—nothing was said to me about the Assurance Society—Mr. Honey was the accountant of our estate—after he had gone over the books, I saw both the defendants near my house, and told them that he had detected that the account was not for goods—that was a fortnight or three weeks after I first met them—I do not know what they said, but they were very vexed that their wishes had not been complied with in inserting the account in the books, as they had requested.
Cross-examined. Q. Do you, in point of fact, owe these defendants 299l.? A. Certainly; although that was not for goods, there was a debt due from our estate to them—they had large dealings with us for goods in former days—I should think we have owed them as much as 2,000l. for goods; but these acceptances of ours did not represent goods, they were for their accommodation; they having previously given bills for ours, which bills were not paid at maturity, and they took them up—when the request was made to enter the matters in our books, it was for the purpose of carrying on their discounts with the Bank at Norwich, I believe.
MR. BODKIN. Q. How long have you been carrying on the system of mutual accommodation by bills? A. I am not sure that we have had another—on the balance of the account we owe the defendants 299l.
(ROBERT JOHN HAVEY, being called on his recognizances, did not appear.)
HENRY WILLIAM BONSOR . I am a clerk in the office of Ashurst and Son, solicitors for the prosecution. I have done my utmost to procure the attendance of Mr. Harvey—I gave him notice, the night before last, as the case would not be in the paper yesterday, to be here punctually this morning; and I have been sending about for him to-day—I have had communications
with Mr. Parker, the manager of the society—he has not been subpoenaed; he objects to take an oath—he was not before the Magistrate.
MR. BALLANTINE to THOMAS JOSEPH RICHARDSON. Q. Were you discounting, at the time of these transactions, to a considerable amount for Wright and Bateman? A. Yes; on 12th July, probably to the amount of 5,000l. or 6,000l.—they had not an open balance of nearly 2,000l.—they had a balance against them—we should have honoured their checks to the amount of 2,000l.—we should allow them to overdraw to that amount, as we had bills and securities to that amount—if we had heard in July that there had been this exchange of accommodation bills, it would have induced the Bank to alter the terms.
MR. BODKIN. Q. After you came up to town, and went to the Insurance Office, did you discount any more bills for them? A. A few; fewer than before—I should say to the amount of about 100l. per week—we had other security than acceptances.
COURT. Q. The firm is Harvey and Gurney? A. Yes; it is not the Bank of Gurney at Norwich.
(The defendants received good characters.)
NOT GUILTY .
NEW COURT.—Friday, October 27th, 1854.
PRESENT—Sir CHAPMAN MASHALL, Knt., Ald.; Mr. Ald. CARTER; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
ALFRED WALL GANDELL . I was walking in Aldgate-street on 6th Oct., between 1 and 2 o'clock in the afternoon—I felt a hand at my pocket—I turned round, and saw my handkerchief on the ground, and the prisoner close to me—he said it was another man close to him—this is my handkerchief (produced).
THOMAS SEAGER . I was standing near Aldgate pump on that day—I saw the prisoner put his hand into this gentleman's pocket; he took out the handkerchief, and dropped it—the gentleman turned, picked it up, and took the prisoner; I told him to hold him till I got an officer.
Prisoner. I was going along and the handkerchief was on the ground; I did not touch it; the gentleman took it from me.
GUILTY . Aged 18.— Confined Six Months.
JOHN MARSHALL SMITH . I live at No. 63, Skinner-street, Bishopsgate. At a quarter past 1 o'clock in the morning of 4th Oct., I was in the act of taking the key from my pocket, to open the door of my father's house, when I was suddenly pounced upon by three men, of whom the prisoner was one—
I am certain of that—I had never seen him before—one put his hand over from behind, I imagine, seized me by the throat, and pulled me down on the pavement—the prisoner came before me and got on my chest, and one of them took my watch out of my waistcoat pocket—they all ran away—I got up as well as I could, and pursued—the prisoner was the only one I kept sight of—I followed him down Acorn-street; I collared him, and called, "Police!"—a policeman came, and took him—I went back to the place where I had been attacked, and I found my watch key on the pavement—this is it (produced).
Prisoner. Q. Was not I talking to a female? A. No, you were not—I was pursuing you; you did not know it—I said you was a thief, and took hold of you by the collar, and you dropped your arms, as if you had been shot—you did not know I was so close to you; you thought you had left me safe enough.
ROBERT SPALL (City policeman, 664). I was on duty that morning in Bishopsgate-street—I heard a cry of "Police!"—I went, and found the prosecutor holding the prisoner—the prosecutor said that he had been robbed, by the prisoner and two more, of his watch, and that the other two had run away, and he had followed the prisoner, and never lost sight of him—I took the prisoner to the station; he told me he had been to see his sister, and in coming along he heard a cry of "Police!" and ran down Acorn-street after a man, but could not see him—I had seen him caught by the prosecutor.
Prisoner. Q. Was there not a man that came and said I was innocent? A. No.
GUILTY . Aged 24.— Four Years Penal Servitude.
SMITH PLEADED GUILTY . Aged 19.— Confined Six Months.
CHARLES FREDERICK STRANGE . I am a bookseller. I was in Cheapside on Saturday, 7th Oct., about a quarter before 5 o'clock—a person spoke to me, in consequence of which I crossed the road, and when I got there I saw the officer, with the two prisoners in custody—the officer produced this handkerchief to me—it is mine—I had had it in my pocket just before.
CHARLES GREEN . I am a porter. On that Saturday afternoon I was in Cheapside, and saw the two prisoners together, following a gentleman—Smith tried to pick his pocket—the gentleman made a kind of a stop, and they did not succeed in picking his pocket—they went further on, and followed the prosecutor till they came to a place where a cab horse had fallen down, just past Queen-street—the prosecutor stopped, and Smith picked his pocket of his handkerchief, and put it into his own pocket—Dove was quite close to Smith at the time—they were together, and I had seen them together before—I went to the prosecutor, and asked him if he had lost anything—I pointed out the prisoners to the officer—I saw him take them.
JOHN BUTLER (City police sergeant, 5). I took the prisoners into custody—they were pointed out by the last witness—they both denied having the handkerchief about them—the last witness picked out Smith as having the handkerchief, and I found it in his trowsers pocket.
Dove's Defence. I know nothing about the handkerchief; I had seen this young man at the Docks, where I work, and I saw him in Cheapside; there was a crowd, and I went to see what it was.
DOVE— GUILTY . Aged 19.— Confined Six Months.
M. PLATT conducted the Prosecution.
PHILIP JOLLY . I am an ironmonger, and live in Wapping. On 9th Oct. there was a disturbance in Wapping-street, about five minutes before 4 o'clock—there was a crowd, and they were abusing a gentleman named Hoare—the prisoners were taking the greatest part in the crowd—I did not say anything, except asking them to go away, and George Carter immediately struck me three blows in the right eye—they were heavy blows, and cut my eye—Robert Carter immediately followed it by three other blows, one on my head, one on my neck, and one on my eye—they were heavy blows, and knocked me down—the prisoners were sober enough to know what they were about—before I could get up they ran away towards the entrance of the London Docks—the bridge was at that time open to admit vessels going in, being high water—I followed the prisoners, with a view to speak to the foreman of the bridge, to tell him to keep the bridge open till I could get assistance—I had an opportunity of seeing the prisoners well, and I can swear to them—on my following them they took me round the waist, and threw me on the flat of my back, in the middle of the road—I got up, and ran away into Mr. Oliver's, an ironmonger, in Wapping, for protection—I went through the gates into the centre of the warehouse—the prisoners followed me—Robert Carter came behind me, and took me round the waist, and George Carter came before me, and took hold of me likewise, and while they had hold of me I felt my watch going out of my pocket—I grasped at my watch, to try to save it, and the guard broke—I saved a small part of it on my watch—the other part I felt drawn off my neck, and that was gone—the prisoners then ran away—I cannot say whose hand the guard was in—it was a gold one—the larger part of it went—it cost 4l.—I looked on the ground, but could not find it.
Cross-examined by MR. HORRY. Q. Have you the other part of the guard here? A. Yes, this is it (produced)—I could not swear who took the guard—when I got up to the prisoners I did not see any fighting—Robert Carter appeared as if he had been fighting; I cannot tell with whom—Mr. Hoare was there, and he is here to-day—he was examined before the Magistrate—I know him—he is an extensive wharfinger—there was a considerable crowd there, so as to stop the thoroughfare—I went up to tell them to go away—I had business to transact opposite the house, and seeing Mr. Hoare there I said to him, "What is the matter?"—Mr. Hoare said, "Some of those fellows are fighting again"—the two prisoners were afterwards pointed out as being the persons who were fighting—I merely advised them to go away—I said, "Why can't you go away?"—I did not push them—I did not observe that any one else did—they were in the middle of this crowd—one of them struck me—I did not return the blow, I had no time—I do not say what I might have done—I was compelled to fall down, they having knocked me down—they were compelled to run away—this might be from eighty to a hundred yards from the bridge—the crowd made way for the prisoners to go away—the crowd followed them—I went up to them again, and was taken round the waist, and thrown on my back, just before we came to the bridge—that might be fifty yards from Mr. Oliver's warehouse—I came back this fifty yards, and got to the ware house—the prisoners followed me in—the crowd did not follow in—Mr. Oliver's man saw what was doing, and he called other men, and
stopped the crowd coining in, but they were not in time to stop the prisoners coming in—I did not call for assistance, it was no use to call out against a mob—Mr. Oliver was there himself—no others came in-—they were stopped by a body of Mr. Oliver's men—he keeps a great many—after the prisoners had done all this they ran away—they had to run perhaps 300 yards to the public house where they were taken—we followed them for some time round the neighbourhood with the policeman—we went into the public house yard—I believe it was the Ship and Punch Bowl—there was a struggle between them and me in the warehouse, when I felt my watch going—I did not go into the warehouse after the prisoners; I went in, and they followed me—I had had a bit of a squabble with them at the iron bridge—I was knocked down, and I took refuge in Mr. Oliver's warehouse—there was a person named Case there—he was in the crowd.
EDWARD DILLON (policeman, K 213). I and another officer took the prisoners into custody, in the rear of the Ship and Punch Bowl, at Wapping—George Carter was just outside the door of the water closet—Robert asked what I was taking him for—I said for assault and robbery, and he said, "Oh, I did not have his chain"—neither Mr. Jolly nor we had said a word about the chain then.
Cross-examined. Q. You told him you took him for an assault and robbery; did you tell him on whom? A. Not at the time—Mr. Jolly was with us—he had a portion of the chain round his neck—this is the portion he had—he had told me he had lost his chain—I generally tell persons who they have assaulted—I did not tell the prisoner only "For assault and robbery;" I did not say of what.
MR. PLATT. Q. Was not Mr. Jolly there? A. Yes; I pointed him out as the gentleman who had been robbed, and the prisoner said, "I did not take his chain."
NOT GUILTY .
MR. W. J. PAYNE conducted the Prosecution.
JOHN HARRISON . I am an excavator, and live at the Old Park House, in the Isle of Dogs. On 2nd Oct., I was at the Queen's Arms, Poplar—I saw the prisoner Park there—I had some beer, but not with him; I paid for my own beer—there were other persons there—after I had paid for my bear, I attempted to go away, but Park put his hand against the door, and said, "You can't go out here"—I got out, and went in the back yard—Park followed me, and wanted me to pay for a quart of beer for him—I said I would if he would let me alone—I took my purse out of my pocket, and gave him sixpence to let me go—he snatched my purse out of my hand, threw me down, and ran away—I do not know what money I bad in my purse—I had one 5s. piece, some half crowns, and some shillings.
Cross-examined by MR. RIBTON. Q. Was it in the back yard he snatched your purse? A. Yes; it was about 2 o'clock in the afternoon—there were a good many persons in the public house—I did not, when I went in first, pay for the beer for all—I was not in a particularly generous mood—I had been in another public house before—I went to the White Hart, and changed a sovereign—when I went to the other house, I might have treated them all—I was not a little gone—I might be a little fresh.
MR. PAYNE. Q. Were you able to walk about? A. Yes; I had only had two pints of beer—I do not know how much I paid in that public house
—I am quite sure that when I went into the yard, I had the money in my purse which I have described.
JEEMIAH SULLIVAN . I live at the Queen's arms. I was in the back parlour there, on 2nd Oct.—Harrison had been there all day—he had been drinking a little—the prisoners came in about half past 2 o'clock—they were all in the room together—Park caught hold of Harrison, and asked him to stand some beer—that was in the back parlour—Harrison gave him 10d., and told Park to put 2d. to it; Park went out, and brought in two pots of beer—Harrison tried to leave the room, and Park went to the door, and told him he could not go out—when Park went to fetch the beer, Harrison went out—Park went out in the yard also, and threw Harrison down in the yard—I could see from the parlour what Park did—I then went to the bar for some beer—I did not see him do anything else—after Park had been out a minute or two, Cunningham went out—Harrison was then in the yard; and in a minute or two he came running in, and said they had taken his money—when Park threw Harrison down, he stood by his side—I did not see him stoop or kneel—when Park threw Harrison down, Cunningham was sitting at the window by himself—I do not think he could see Park throw Harrison down—I do not think Cunningham said anything—I went for some beer, and the prisoners went out—I followed them to the iron bridge, and gave them into custody—after they were in custody Cunningham turned round, and ran away, and the policeman ran after him.
Cross-examined. Q. Were they all drinking? A. Yes; there were some girls there—the prosecutor had a pint of gin, and some beer, and he was treating the girls.
MR. PAYNE. Q. He did not drink the whole pint of gin? A. No; they were all drinking.
ROBERT WATLING (policeman, K 346). In consequence of what the last witness said to me, I and another officer took the prisoners—they were coming down the iron bridge hill—they were both walking, and were together, coming in a direction from Poplar—I stopped them, and told them they must go back with me to Poplar—they said they would not—I took Cunningham, and the other officer took Park—Cunningham went part of the way up the hill, and he gave a jump and got away—he ran back, and I pursued him—just before T got to him, he stooped down, caught me round the waist, and threw me down; he hurt me very much—I feel it now, and he got on me—I believe the boy Sullivan struck him with a stick—I drew my staff, and struck him on the head.
Cross-examined. Q. I suppose you have seen a great many prisoners, and have taken them, and they have been acquitted? A. Yes—when I gave him this blow, it was in a way which stupified him for the time.
JEREMIAH NORTON (policeman, K 139). I was with the last witness—I took Park; I found on him a 5s. piece, two half crowns, eleven shillings, two sixpences, and one penny piece—I asked him how he came to rob the man—he said he did not do it; he only came out of prison that morning, and he had a shilling given to him by his father.
Park. When I was there I had a pint of beer, and Harrison asked me to go out.
JOHN HARRISON re-examined. No, I did not—Park asked me to give him sixpence, and I gave it to him to let me go—he knocked me down, took hold of my frock, and knocked my head against the flag stones—I did not give him 10d., or a 5s. piece, or two half crowns.
CUNNINGHAM— NOT GUILTY .
PARK— GUILTY .
(Park was further charged with having been before convicted.)
JOHN WILSON METCALF . I produce a certificate of the prisoner's former conviction—(read: Central Criminal Court, William Park, convicted April, 1854, of stealing a saw and other articles; Confined six months at Ilford)—Park is the person.
GUILTY. Aged 22.— Four Years Penal Servitude.
MR. W. J. PAYNE conducted the Prosecution.
ROBERT WALTING (policeman, K 346). I took the prisoner into custody—he ran away—I was running hard after him; he turned round, caught me round the middle, and turned me down short on my back—he caught hold of my hair, and hit my head against the gravel; I was very much hurt—I have not been able to do anything since—I was obliged to use my truncheon to get him away from me.
Cross-examined by MR. BALLANTINE. Q. How did you use your truncheon? A. I was lying on my back, and the prisoner was on me—I took the truncheon out of my pocket, and struck him on the head—I was obligated to do it—he did not resist me afterwards—he was not able.
JERMIAH SULLIVAN . I followed the prisoners, and saw the policeman take them into custody. I saw Cunningham on the last witness, who was lying on the edge of the cart way—I did not see him do anything to the policeman.
Cross-examined. Q. Did you pitch into Cunningham? A. Yes; I wanted to make him get off the policeman.
GUILTY . Aged 19.
(Recommended to mercy by the Jury. To appear to receive judgment when called.)
MR. BALLANTINE conducted the Prosecution.
ESTHER MARTHA GRIFFITHS . I am the wife of James Griffiths, of Charles-street. On 12th Sept., I was at the end of Holborn—I had a pocket in my dress—I found my dress being held up with one hand, and the prisoner's hand in my pocket—I turned, and he drew his hand out—I said, "You little thief, you had your hand in my pocket"—I tapped him, and he ran away—I put my hand in my pocket, and missed my purse, which had contained a 2s.-bit and 3s. 6d.—I told a policeman—I am sure the prisoner is the boy—I watched him across the road.
Cross-examined by MR. GENT. Q. What time was this? A. Ten minutes to 7 o'clock in the evening—it was dark—the prisoner was at my side, close to me—he was behind me—I did not lay hold of him, I was not quick enough—I hit him—I felt frightened at the moment—I did not see my purse in his hand—I did not pursue him; I turned round.
M. MALLANTINE. Q. Did he run down Field-lane? A. Yes; I had two half crowns in my purse, a florin, and 3s. 6d.
EDWARD THOMAS FREDERICK HANCOCK (City policeman, 229). I know the prisoner very well by the name of the Little Cadger—his right name is Burke—I saw him about 7 o'clock that evening—he ran from the south side of Holborn-hill, down Field-lane—I ran to the corner of the lane—he was then out of sight—I walked across the road, and met the prosecutrix—I found she had been robbed—I gave information, and a Metropolitan policeman took him—I have no doubt he is the boy.
Cross-examined. Q. Did you see him near the prosecutrix? A. The first sight I had of him was in Holborn—he ran down Field—Jane; I ran to the corner, and when I found he had gone down there, I knew it was hopeless to attempt to pursue him there; I knew I should have been tripped up, and perhaps ill-used—of course it was my duty to try to apprehend him at the time, but it would have been ridiculous to run down Field-lane, when there was no one in sight—the prisoner was taken about a fortnight afterwards.
Cross-examined. Q. Were you told what he was charged with? A. Yes; I caught him, and said, "I want you for stealing a purse"—he said, "I am doing nothing"—I was surrounded by a crowd, and sprang my rattle.
(The prisoner was also charged with having been before convicted.)
JOSEPH FREDERICK HENRY MOLLYNEUX . I produce a certificate of the prisoner's former conviction—(Read: Central Criminal Court—Dennis Burke was convicted Oct., 1851, of stealing a handkerchief from a man unknown, and confined one year)—the prisoner is the person.
GUILTY.** Aged 14.— Four Years Penal Servitude.
PLEADED GUILTY . Aged 19.— Confined Twelve Months.
1153. JOHN BANNISTER, alias Mortimer , and ARTHUR TAYLOR , were indicted (with Elizabeth Sharp, alias Mortimer , not in custody) for unlawfully obtaining goods of Joseph Sadler Bolton, by false pretences; other COUNTS, for conspiracy.
MR. LILLEY conducted the Prosecution.
JOSEPH SADLER BOLTON . I am of the firm of Bolton, Smith, and Co., of Bow-churchyard, warehousemen. The prisoner Bannister, who called himself Mortimer, called at our warehouse on 25th May; he stated he was about opening a shop in Drury-lane, and he required goods to stock his shop—I said it was customary for us to have money for the first parcel—he replied his uncle had just died and left him property, and he referred me to Mr. Taylor, in Southampton-street, Bloomsbury—he said the value of the property was 400l. or 500l.—he said Mr. Taylor would satisfy me that the property was coming to him—in consequence of that I went to Mr. Taylor, to the address given, Mr. Arthur Taylor, No. 22, Southampton-street, Bloomsbury—he was represented as being a surveyor—I called on Mr. Taylor, and was introduced into his room—it was between the 23rd and 25th of May, that I called on him—(I cannot give the exact date, that Mortimer called—it was from the 23rd to the 25th)—I was introduced into a room where there was a table, and plans, and papers, distributed in a manner that I should suppose any surveyor's office would have—I told him I was come from Mr. Mortimer, who had requested us to let him have some goods as he was opening a shop in Drury-lane—I said, "Should I be safe in allowing Mr. Mortimer to have the goods that he wanted?"—he said he was instructed by Mr. Mortimer to sell property that had been left to him by an uncle, and that in about a month or so he had no doubt he would have the proceeds, and that I should be quite right in trusting him to the amount of 50l. or 60l.—he said he should think the property he was instructed to
sell, would realise certainly between 400l. or 500l.—we supplied Mortimer with goods; ready made clothing to the amount of between 80l. and 90l.—I requested that some arrangement might be made about payment after I had seen Taylor—I had said to Taylor, "Suppose I take a bill of Mr. Mortimer on you, will it be right?"—he said, "Make it payable here, and I will see that it is paid"—I said, "A bill on Mortimer at two months"—I afterwards took this acceptance (looking at it); I saw this acceptance written by Mortimer—this other paper is a note to Mr. Taylor, to pay the amount of the bill when due—I asked Mortimer for a note to Mr. Taylor, and he commenced writing, and could not—he said he had had the cholera the night before—I said, should I write it, which I did—I wrote the body of the note myself as he was so incapable, and he signed it—I read it to him—what induced me to part with my goods on this occasion, was what Mr. Taylor had said, that he had the property to sell, and that he would see me paid, and Mortimer said something of the same description, before I went to Mr. Taylor.
Q. Had that statement of his any influence on your giving the credit to him? without that representation, would you have given credit? A. I do not think I should—I would not have given him credit without the two representations.
(The bill was here read, dated June 1, 1854, at two months, for 81l. 1s. 9d., drawn by Bolton and Co., accepted by John Mortimer, payable at No. 22, Southampton-street.)
(The note was read, as follows: "Dear Sir,—I have this day accepted a bill for 81l. 1s. 9d., at two months, drawn by Bolton and Co., 3, Bow Churchyard, which I wish you to pay out of the property coming to me through your hands, holding this as your authority.—John Mortimer." Addressed to "Arthur Taylor, Esq.")
Q. Did you supply any other goods? A. I did; this is the invoice of them (looking at it), 7l. 17s. 6d.—I supplied the goods for which the acceptance was given, and these also—there were other goods applied for—a written order was sent—we did not supply them—a few days after the second parcel of goods was sent, we received some information—in consequence of that, I went to the shop of Mortimer, and found the shop shut up, the door locked, and no access to the premises—there was the name of John Mortimer over the shop, recently painted, hardly dry—the persons who let the house to Mortimer reside at the next house—they let me through, and I could see through the back window that the place was empty—I know that the goods had been deposited at No. 151, Drury-lane, because I went there, and saw the goods there—some conversation took place between me and the landlord—the bill was presented in due time by the notary, whose note is on it—I gave instructions to have it presented—I did not receive the proceeds—I did not go to the house again, after the bill was presented—I never saw either of the prisoners again, till they were in custody—my partner has since seen some of our goods in the hands of the police.
Cross-examined by MR. SLEIGH. Q. You called on Taylor, in consequence of being referred to him by Mortimer? A. Yes, and I found him at the place that was mentioned—I had never been at Mr. Taylor's previously—I have been subsequently, many times—I went up first about 24th May—I think I went the day Mortimer absconded, about 14th June—Taylor told me he had property to sell for Mortimer, and he would see me paid—it was property which he said had been left him by his uncle—I do not
remember that Taylor told me that the property had been left him by a person named Timbrell—what satisfied me was a statement made by Taylor, that he would see me paid out of the proceeds of the property which he was instructed to sell.
Cross-examined by MR. RIBTON. Q. You would not have parted with these goods unless Taylor had made this representation to you? A. No—this invoice was made on the 25th, and I think the goods were sent on the 26th—I went a few days after about this bill, and the bill was accepted in the shop—the goods were then in the shop, they were ready made clothes; what he would call an outfitter's—the goods were all placed in their places—it was not finished painting—it was on 14th June I went and found the shop shut, and the goods gone.
MR. LILLEY. Q. You went to No. 151, Drury-lane, Mortimer's residence, on 14th June? A. Yes; I received an order, dated 13th June, before I went to the shop—I found the shop shut up, and cleared of all the goods—I went to Taylor's many times after; I saw his clerk, and made appointments, but I never could see him.
RALPH SMITH . I have looked at all these things—I can swear to this black cloth coat—it is what is termed a fishing coat—I know it to be ours—it was amongst the goods supplied to Mortimer or Sharp—this invoice is not my writing; it is Henry Slead's—I have no doubt this coat was amongst the things supplied to Sharp; but not supplying the goods myself, I cannot say—these others are all goods that we manufacture largely—I can say that this article is our manufacture, and I have no doubt about these others—I have seen a coat which was taken from Mortimer—I saw it on his back—I could not tell at that time; but I have since seen this coat, which I believe is ours.
Cross-examined by M. RIBTON Q. Take any one article, and tell me the mark on it? A. Here is one, "812;" these are the figures of William Hicks—he was a cutter in our employ; he is not now—he may have made the same figures in some other person's employ—he has left us three months—if these figures were not here I might not swear to this article, but I know the materials to be what I bought—it is no pattern at all—here is the number on this coat.
MR. LILLEY. Q. Who bought the materials of this coat? A. I buy everything; the things are made under my own superintendence and the foreman's.
JOHN MAY . I am in the employ of Mr. John Edward Smith, No. 25, Wood-street; he is a shirt maker. I saw the prisoner, who goes by the name of Mortimer, about 1st June—he came to our place alone, and asked to see one of the partner's—I told him they were not at home, and asked if there was anything I could do as well—he said, as we were shirt makers, he was about to open a shop in Drury-lane, and he wished to open an account with us—I told him before I could show him anything I must have a reference—he gave me a reference to Mr. Taylor, in Southampton-street, Bloomsbury—I told him if he would come the next day, we would make inquiry about the reference, and, if satisfied, we would show him some goods—he said if we went to Mr. Taylor, he would satisfy us as to the state of his affairs, and how far we could go, as he was coming into some property—he did not state the value, nor how he was coming to it—our clerk went to Mr. Taylor, and, in consequence of the answer he brought back, I supplied Mortimer with goods, but before I showed him the goods he came again—Mr. Smith was in the country—I told him to come the next morning, at
10 o'clock—he came, and brought Mrs. Mortimer with him—I told him Mr. Smith was not arrived, and told him to call again—he came, and I told him Mr. Smith was not come in—I showed him the goods, and he looked at them—I then referred him to Mr. Smith—he was supplied with goods, shirts, collars, neck-ties, and shirt fronts—the amount of the first lot was about 25l.—the porter delivered them—the address the prisoner gave was, "John Mortimer, 151, Drury-lane"—about 15th June I saw the female who came with Mortimer—she brought this note—I do not know whose writing this is at the bottom of it.
JOHN MAY (continued). In consequence of receiving the order, I supplied the goods, one dozen of shirts, four dozen collars, two dozen ties, and other goods—the value of them was 8l. or 9l.—I saw Mortimer in custody—I identified him at Bow-lane—he had one of our shirts on—this tie is ours—it has our mark on it—I can swear to some of these collars—this is one, and this is one—these shirts are all ours.
Cross-examined by MR. RIBTON. Q. These have been washed? A. They are all washed before they go out of the house—he had one of our shirts on at the station—he gave a reference to Taylor, and, finding the reference satisfactory, we gave him the goods—we certainly would not have given him the goods if the reference had not been satisfactory.
MR. LILLEY. Q. Would you have supplied the goods if Mortimer himself had not made the representation that he had some property coming to him? A. We should not have let him have the goods, if he had not given us the reference.
Cross-examined by MR. RIBTON. Q. If he had not given a reference would you have supplied the goods? A. No.
COURT. Q. Would you have supplied the goods on what Mr. Taylor had said, if Mortimer had not himself represented that he had property? A. That must be left to Mr. Smith.
Cross-examined by MR. SLEIGH. Q. What is Mr. Smith? A. The head of the firm; what sales are made, are made by his authority, and every question of credit is determined by him, and he was consulted in this matter, he is not here to-day.
CHARLES DOTESIS . I am in the employ of Mr. John Edward Smith, of Wood-street, Cheapside. I saw the prisoner Mortimer at our warehouse—in consequence of directions I received, I went to No. 22, Southampton-street; I there saw Mr. Taylor—his appearance was respectable—I said I came from Messrs. Smith and Co., and we were referred to him by Mr. Mortimer, who had called at their place for goods—he told me we could safely trust him, as he had his affairs in hand, and Mr. Mortimer was shortly to come into possession of 500l.—nothing else was said at that time—I saw him again afterwards; his office had the appearance of a solicitor's or a surveyor's office; it had books and papers about, and a clerk there—I saw him again after I found the goods had disappeared—when I saw him in the first instance, it was about the 29th May—the latter end of May—after the goods were gone I saw him again; about a fortnight after I first saw him—I called to know if he knew anything respecting Mortimer, as I found the shop closed, and the goods were taken away—he said he could give me no information respecting him at all, but that he had the affairs in hand—I went again to Taylor's several times, but I only ran against him that one time—I understood that some one had distrained the goods.
Cross-examined by M. SLEIGH. Q. When you were referred to Mr. Taylor, you referred to the Directory, did you not? A. No; there was no Directory in our place—on the first occasion when I called on Taylor, he stated that Mortimer had property coming through his hands—I am not certain whether he said it was property he was to sell, or whether it was coming through the law—what he told me was that 500l. was coming through his hands, and we should be perfectly safe.
CHARLES MOIS . I live in the Old Bailey, and am partner with Mr. Cook. About 25th May the prisoner Mortimer came to ask us to fit up a shop in Drury-lane—he told me that in consequence of the death of an uncle, he was coming into the possession of 500l. in two or three weeks—on that faith I did the work—it came to 29l. 13s.—the work done was carpenter's work, painting, and gas fitting—he also ordered thirteen boxes, which were supplied to him—the value of them was 1l. 13s., and there was a mahogany writing desk, 1l.; I supplied all those things on the faith of his representations—I was backwards and forwards at the shop while the work was going on—I did not see any goods delivered.
COURT. Q. What was his representation? A. He told me he had 500l. coming to him from the death of an uncle in two or three weeks, and on the faith of that we did the work.
MR. LILLEY. Q. Did you go four or five days after the work was finished? A. Yes, and the shop was quite empty—I did not see Mortimer again till he was in custody.
Cross-examined by MR. RIBTON. Q. Do you know that any goods were delivered there? A. Yes, the boxes were—I saw them, and know they were ours—I had sent them myself—he told me he was to have 500l. from the death of an uncle, and he was in black.
MR. LILLEY. Q. Are you able to state whether the work was done? A. Yes, it was all done and completed, and the boxes I saw there.
JOHN HARVEY (police-sergeant, G 14). On the morning of 25th Sept. I saw prisoner Mortimer—I knew him about three years ago; I have not seen him since, to my knowledge—I had known him by the name of Sharp—by no other name—his Christian name is John; Jack they generally called him—I saw him on 25th Sept. in Church-street, Bethnal-green—he was in front of me—I called out, "Jack Sharp!"—he did not look round for about five minutes; he then looked round, and crossed the road, and I went to him—I said, "I suspect you are a man I want, for obtaining 8l. from Mr. Jackson," and some other persons, whom I named—he said, "Upon my word, you are mistaken"—I said, "I don't know, but I must take you to Bow-lane station"—I said, "Where do you live?"—he said, "No. 13, Edward-street, Kingsland-road"—I said, "What are you?"—he said, "A traveller"—I said, "What in?"—he said, "Anything"—he wanted to go home to get a pair of boots; he had got a pair of slippers on—I said, "No, I will take a cab for you"—he wanted to write home—I said when he got to the station he could do anything the inspector would allow—I asked him what his name was, and he said Bannister—when he stated that he lived in Edward-street, Kingsland-road, I said, "You have two places, I shall go and search them both"—I went to No. 13, Edward-street, Kingsland-road; they knew nobody of that name—I went to No. 17, Virginia-row, and found ten shirts, ten collars, and some waistcoats, and other things which have been produced—from information, I went to Lavinia-grove, Battle-bridge, and found a number of things which are produced here—I found Mrs. Bennett in the house in Lavinia-grove—when taking Mortimer
To prison asked me how I thought he should get on; whether he should be transported—I said I could not tell—he said, "I was robbed of 130l. worth of the property, otherwise I should have paid for it."
HENRY WARDLE . I live at No. 3, Virginia-row, Bethnal-green. I merely know Mortimer by sight—I do not know that he occupied any house in Virginia-row—I understood two females occupied No. 17—I have seen Mortimer in and out there continually—I did not see him taken into custody—I gave information to the officer, Harvey.
Cross-examined by MR. RIBTON. Q. You do not seem to know much it him? A. No—the officer brought me here.
NOT GUILTY .
THIRD COURT.—Friday, October 21th, 1854.
1154. FITZROY M'KEOGH and DONALD CAMERON , feloniously breaking and entering the dwelling-house of George Forbes Thompson, and stealing 2 jackets, and other goods, value 200l.; and 7l. 12s. 6d., in money, of Daniel Rainier, Esq.: to which
M'KEOGH PLEADED GUILTY . Aged 28.
CAMERON PLEADED GUILTY . Aged 22.
Confined Nine Months.
1155. CHARLES HURST, WILLIAM IDEN , and LOUISA LEE , stealing 1 neck chain, 1 brecquet key and seal, 7 bracelets, 4 studs, 1 brooch, 3 watches, 2 watch guards, and 3 lockets, value 97l.; the goods of Edward Leigh Pemberton, in his dwelling house.
MR. RYLAND conducted the Prosecution.
CATHERINE EMMA PEMBERTON . I am the wife of Edward Leigh Pemberton, and reside at No. 72, Warwick-square, Belgrave-road, Pimlico. On 21st Aug. last I missed some property, and especially a gold watch and chain, from my dressing table—it was about ten minutes past 2 o'clock when I came up to my room—I put them on my table about ten minutes past 1 o'clock—I also missed some other articles from other parts of my room, and from my drawers, a gold brequet chain, with a key attached to it, and a group of small stones—I lost a great many articles, and I have seen nothing but a long guard chain since—it is about a yard and three quarters long—I have seen since a turquoise, and two or three diamonds—they were such articles as I lost—I think they were mine—I am quite sure the chain is mine—I am not sure about the others, I believe them to be mine—the value of all the things I lost was more than 100l.—they had been presents to me—I had had the chain many years (looking at the chain)—it is mine—I know it by some of the links being broken.
WILLIAM CRUMP . I am a carpenter by business. On 21st July I was employed at a job at Mr. Pemberton's house—I left that house on that day about a quarter before 12 o'clock—I went to my dinner—I came out to see that the men left off their employ—I went along the whole of the building—a servant from Mr. Pemberton's came to me a short time afterwards—I went back to Mr. Pemberton's about 1 o'clock, and I came out about a quarter past 1 o'clock—I went to see that the men were employed about
their work—I saw the prisoner Iden on the day of the robbery in Warwick-square, walking about like any other person—it was about 12 o'clock, as near as possible.
Cross-examined by MR. PARRY. Q. Can you speak positively about seeing Iden? A. Yes, very; I am almost certain, I had seen him before—a tall man came to me and touched me on the shoulder, and asked me for a job—I know no one else to describe to the police but him.
COURT. Q. Was it Iden you meant to describe? A. No; he was not the man who asked me for the job—I believe I have seen the tall man since—I do not see him now—I think I saw Iden about No. 75—Mr. Pemberton's is No. 72—I did not see him more than once on that day—I came out of Mr. Pemberton's, and saw the prisoner.
THOMAS POTTER (policeman, D 84). On 23rd Sept. I went with a policeman named Carman to Barrett-street, Lambeth-walk—the door was standing open, and I walked in—the prisoner Lee was there—I said, "Good morning; is your name Hurst?"—she said, "Yes"—I told her we were police officers, and came to search her lodgings—she said, "Very well, come with me"—she took us up stairs to the first floor back—she said, "It is not my husband, it is my brother; this is the room we occupy"—we then commenced searching the room, and in a drawer we found some diamonds—before that I found a pair of trowsers and a waistcoat, like those which Hurst had on the day previous—I said to my fellow constable, "These are the trowsers he had on the day previous to our apprehending him"—she said, "Well, that is to be proved"—I then searched the drawers, and found two diamonds, eight turquoise, and a carbuncle—the woman said, "They are mine"—I said, "How did you come by this carbuncle?"—she said it was given to her by a gentleman, some time ago—she could not say who the gentleman was—she said she had had the articles so long the could not say where she got them—I brought the things away with me—we both went the next day, and saw the woman Lee—I told her she must consider herself in our custody, for having those things in her possession, supposed to be stolen—she said, "Very well, I will go with you"—her sister came into the room; the prisoner said it was her sister—she said, "Why don't you tell the truth, when you know Hurst brought them here; he has not been living with you long"—I took the woman Lee into custody—Carman and I were together when we apprehended both the prisoners——we first saw the prisoner Hurst in Bloomfield-crescent, looking up at the attic windows—we watched them, and he walked away, and returned again in about five minutes—what we observed induced us to take them into custody.
BERY CARMAN (policeman, D 263). I assisted in apprehending the two male prisoners, on Tuesday, 19th Sept.—they were in the House of Detention on 22nd and 23rd Sept.—I know Lee—I saw her on both those days, at the House of Detention—on the Saturday after she had been to the House of Detention she went to the corner of Castle-street, Leicester-square—on Saturday I went to No. 119, Barrett-street, Lambeth-walk—she went into that house—I followed her in a cab, I did not go in—I had been there before, with Potter, and had seen her there—I saw him find the diamonds, and other things—I afterwards examined the house of the prisoner Lee—she had four rings on one finger—I took two off; the other two I could not—I have them here.
upon Hurst, attached to a watch—I asked him how he came by it—he said he had had it so long he could not account for where he got it from.
Cross-examined by MR. BALLANTINE. Q. Did you find a purse on him? A. Yes, with four sovereigns, and four half sovereigns in gold in it.
MRS. PEMBERTON re-examined. I am enabled to speak positively to the chain by the links being broken—I cannot tell exactly how many links are broken.
THOMAS POTTER re-examined. When I took Hurst into custody he said he was a gentleman, living close by—he gave us three different numbers in Foley-place—the answer he gave me about the chain, applies to the watch and chain—I held them in my hand, and he said they were his property.
HURST— GUILTY . Aged 37.
LEE— GUILTY . Aged 24.
Confined Three Months.
IDEN— NOT GUILTY .
MR. RYLAND conducted the Prosecution.
THOMAS POTTER . The two prisoners were in company on 19th Sept., when Carman and I apprehended them—I searched Hurst, and found a gold watch, attached to a chain—I asked him how he could account for that property—he said he had had it so long he could not tell where be got it from—Iden was with him—they met together at a public house, at the corner of Eastbourne-terrace—I saw Hurst go there, and wait till Iden came to him—he gave us three different addresses in Foley-place—upon searching Iden I found a jemmy and a glazier's knife.
BARY CARMAN . I was in company with Potter when the prisoners were taken into custody—we told Hurst we were not satisfied with his manner and conduct—he said, "We are gentlemen, and live close by"—Iden was present—we said it would be more satisfactory if he told us where he lived—he said, "No. 44, Foley-place—24—oh, no, 14," all in one breath—we told them we must take them to the station, and satisfy our inspector.
Cross-examined by MR. PARRY. Q. Did not Iden give you his mother's correct address? A. Yes, Star-corner, Bermondsey.
PATTY YOUNG . I am the wife of Mr. Alexander Young, and live at No. 40, Besborough-street, Pimlico. On 2nd Aug. I lost a variety of property, watches, jewels, and other things (looking at the watch)—that is the watch—I have had it more than twenty years—it is not exactly in the same state as when I lost it, the dial is now coloured; it was white formerly—I can still speak to the watch; it was a repeater—I had seen it about 9 o'clock in the morning of 2nd Aug.—I missed it between 2 and 3 o'clock—I lost a great number of other valuable things, worth about 150l.—that is the only article I have since seen.
Cross-examined. Q. Were all the articles jewellery? A. And money—I live near St. George's-square, near Vauxhall-bridge.
JAMES COATES . I am a watchmaker, in Eccleston-street, Pimlico. About twelve months since I did some jobs for Mrs. Young—I repaired this watch about that time—it had then a silver dial—it has been gilt since I repaired it—I scratched my name on the dial—the silver has been coloured over since, but my name is still there—I have not the slightest doubt it is the same.
repairs at No. 42, Besborough-street, Pimlico—that is next door to Mr. Young's—at about twenty minutes to 3 o'clock on that day I heard of the robbery having taken place—about five minutes before, I was in the house, No. 42, and I heard somebody jump on to the floor of the room above, and then run down stairs—there is a gutter runs along the back of the whole of the houses—a person having got out of the top room windows of Mr. Young's house could get in at the window, along the gutter of the empty house—I heard some one running down stairs—I went to the door, and saw the prisoner Iden coming running down stairs—he made a dead stop about halfway, about five or six stairs from where I stood—he seemed a little surprised, and said, "Oh, I see, George is not here"—I said to him, "What George?"—he said, "George Sacker, the paperhanger"—I told him I was not aware that any one was in the house besides myself—he said, "Never mind, I shall find him;" and he ran by me down stairs—three or four minutes after that, two servants came running down the same way from Mr. Young's.
Cross-examined. Q. Was there nobody at work in the house on that day but yourself? A. No; I was not there the day before—No. 41 will be on the opposite side, when it is built—No. 42 is not a corner house, it is part of a raw—the next house to Mr. Young's is inhabited—No. 46 is uninhabited—I am not aware that I ever saw the prisoner before—I did not tell the policemen he had black hair and a sallow complexion; I said dark hair—Mr. Lewis wanted me to say that I said "black"—I described him as having dark hair—I know no one of the name of George Sacker—I cannot say how recently men had been working there—I had not been there for more than a week myself—I do not know how many men had been working there the day before.
IDEN— GUILTY of Stealing.
HURST— GUILTY* of Receiving. Aged 37.— Six Years Penal Servitude.
(Iden was further charged with having been before convicted.)
GUILTY. Aged 21.—Six Year's Penal Servitude.
MR. ROBINSON conducted the Prosecution.
BENJAMIN GOLDING . I am bailiff to Mr. John Wean, of Oxley-lane. In the month of June, 1850, I had a transaction with the prisoner; as the bailiff of Mr. Tooke, about putting some heifers upon the land—I was to pay 2s. 3d. a week—after some time I entered into another arrangement with Whitmarsh, to take the feed until Christmas, at 9s. an acre—the amount for putting the beasts on was 4l. 8s., which I paid on 23rd July, 1853—(receipt produced)—that is his writing—on 3rd Dec., 1853, I paid for the grass 6l.; and his signature is to the receipt—I never had any transaction about oats.
Cross-examined by MR. COOPER. Q. Is there another Mr. Golding in the parish? A. Yes; I have known the prisoner four or five years—I have not known much about him—he is looked upon as a respectable man for aught I know—I knew Mr. Tooke had carried on a lime business—I knew Whitmarsh conducted that too—I paid the 4l. 8s., at one time—I got the receipt a day or two after—he gave me a memorandum, and said he
would bring the receipt another day—he seemed in haste at the time—I paid the 6l. for the grass all at once—the beasts were visible—it is a sort of bye place—Mr. Tooke could have seen the beasts at any moment—they were feeding there from June up to Oct. or Nov.—if Mr. Tooke had gone there, he must have seen them.
MR. ROBINSON. Q. Is Mr. Tooke's house a good way from this place? A. Yes.
ARTHUR WILLIAM TOOKE . I am one of the firm of Tooke, Hallows, and Price, solicitors, in London. I reside at Pinner—I am principally engaged in London, in the day time—the prisoner has been in my service some time, as bailiff—his wages for the last year and a half have been a guinea a week—his son was employed by me, at about 2s. 6d. a week—he had beer, and milk, and other things, besides his wages—his duties were general supervision; seeing that the men did their work—looking after the stock; and to sell the stock—if he did sell the stock, it was his duty to make a return of the money in the weekly account—I have all the accounts down to the time when he left—I was not much in the habit of going to the land; it was at a considerable distance from my house—I was in the habit of being furnished with papers of the kind I have in my hand—it was his duty to put down all moneys received in them; and if he received 6l. from Mr. Golding on 30th Dec., he ought to have put it here—there is no account rendered of it; nor of Golding's beasts having been upon the land; nor of the grass having been taken by Mr. Golding—I have never received the sum of 4l. 8s.
Cross-examined. Q. How long has the prisoner been your bailiff? A. Six or seven years; his wages at first were 14s. 6d. per week—there was no understanding, that if more land was taken there should be an increase—at first there was a small garden to his house—I allowed his boy 2s. or 3s., a week—his wife conducted the dairy—she had nothing—part of the land was let at one time—he has more now to look after than at first, perhaps about sixty acres more—he has now a guinea a week, the father 18s. 6d., and the son 2s. 6d.—some time back, I took up the lime business—he had also to attend to that, I am not prepared to say the average that he had to pay weekly; it was sometimes 20l.—in the year 1853, as much as 1,000l. may have passed through his hands—I have examined his weekly accounts—I have no other books—there are not sums put down, without saying from whom they were received—the number of labourers he had to pay varied—the number of acres is about 250—his duty was to see to all the accounts, pay the labourers and workmen, and take care of the lime as well—he never denied that he had received the 4l. 8s.; nor the 6l.—there has been something said by his attorney, about settling the accounts—there were no accounts to settle—he did not say if there was anything wrong, he was ready to make it all right—the only offer I have had, has been through his attorney—I received a letter from his attorney—I did not agree that the accounts should be looked into, and nothing further proceeded with—I do not know that the prisoner has expended sums that he has not accounted for—I do not know of 9l. to a Mr. Pugh, and 6l. to a Mr. Page, for oats—I do not know that there is 36l. 7s. 6d., that he has not credited himself with—I have no accounts but the weekly accounts—I have not heard of this 9l., and so on—supposing the accounts had been correct, there would have been 10l. due to the prisoner—he has had garden produce, for taking away the garden from him—I have heard that he claims from me as much as 200l.
M. ROBINSON. Q. In the last weekly account sent in, what does he claim? A. 2l. 18s. 4d.; there could not in the ordinary course of business be any accounts due to him, but those which were entered in the weekly accounts—there was no other account between us—Mr. Page has sent me his account, I had no idea that that account was owing to Mr. Page—I received a letter from the prisoner, soon after I made these discoveries—the letter I hold in my hand is in the prisoner's handwriting—he had never made any demand upon me for 100l. or 200l., until proceedings were taken—I spoke to him about this matter the latter end of July, or the beginning of Aug. in this year—he never had an opportunity of denying it, until I charged him with having received it—I did not burn any lime in the year 1853, nor in 1854—when I was burning lime, the prisoner received his usual wages—I am not prepared to say whether that was 14s. 6d.—I had a conversation with him about the matter of Golding's about last July, I asked him whether Golding had ever paid him for certain stock that I knew to be in my field, and he gave me an evasive reply—he said something about oats, by which I imagined there might be some open transaction between them—that induced me to look into the accounts—he did not say whether he had received it or not—I made inquiries of Mr. Golding—I did not communicate to him, the substance of those inquiries—I asked him to account for Golding's money.
MR. GURNEY. Q. When did you ascertain that there had been stock there? A. Last July; I saw the stock on my farm in July, 1853—I imagined it was Mr. Golding's—I saw it from time to time, up to Oct. or Nov.—I asked no question about it until July, in the present year.
MR. COOPER. Q. Will you swear that he may not have accounted for the money to you? A. I will.
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
Cross-examined by MR. COOPER. Q. I dare say you have very often forgotten to put down a visit to your patients? A. I have; I am not a registrar of births, deaths, and marriages—I have made many mistakes in my life on the wrong side—no doubt when others have kept my accounts, they have made mistakes too.
MR. ROBINSON. Q. Have you never received money for persons, and forgotten to account for it? A. No.
JAMES HEDGES . I am a farmer, residing near Pinner. I recollect purchasing from Whitmarsh, a rick of hay belonging to Mr. Tooke, in Nov. 1853—the price was 35l.; I was to pay half when I first began to cut it, and when I took the other half I was to pay the whole—I paid 13l. down—I do not recollect the day; it was about the middle of Nov., 1853—shortly after that, I paid him 4l. 10s.; that was also in Nov.—the next day I paid him 5l.—I cannot say whether I paid him any more in the, month of Nov.—about a week or a fortnight after, I paid 2l. 10s.; that left a balance of 10l.; my wife paid that—he did not give me a receipt when I had paid the whole; he sent it down the next morning (receipt produced)—this is his signature.
Cross-examined. Q. Who keeps your accounts? A. My wife—I do not
know that my wife sometimes makes mistakes—I cannot put things down—do not forget to tell my wife when I buy anything like that; nor smaller sums—if I pay for it, I take it away there and then, and then there is no putting down—I first paid 13l. for the hay; I said first of all, 11l. or 12l.—I said I could not say what it was; I thought 11l. or 12l.; it was 13l.——the next sum I paid was 4l. 10s.—I am quite sure the first sum was 13l.—I cannot say how long after the next sum was paid—it was not three months—I cannot say when I paid the last sum, it was a month or six weeks after—I cannot tell how long after it was that my wife paid the 10l.; it was not two months—it was paid at my house by my wife.
MR. ROBINSON. Q. You said at first, you were not sure whether the firs t sum was 11l. or 12l., what made you sure afterwards? A. Because my wife proved it—I brought the money to the George, at Pinner, and paid him—when I got home I told my wife I had bought a rick of hay from Mr. Whitmarsh, for 35l., and had paid 13l. down; I told my wife the very night, and she put it down—I saw her make these particular entries—I cannot read; I saw her write in the book.
SARAH HEDGES . From communications I received from my husband, I made entries of the times the moneys were paid—the first 13l. was paid on 14th Nov., 1853; the next 4l. 10s. was paid on the 24th; the next 5l. was paid on the 25th; the next 2l. 10s. was paid on 5th Dec.
Cross-examined. Q. Is it usual for farmers to have their wives for their book keepers? A. Yes; supposing a man cannot write—I cannot say whether I have made mistakes; I have no auditor to check me.
ARTHUR WILLIAM TOOKE . I paid the prisoner in the year 1853, what I considered, and consider still, liberal wages—in the weekly account, in which the 19th Nov. occurs, there is an entry of. 12l. having been received on my account from Hedges, on account—throughout Nov., Dec., Jan., and Feb., there is no entry of any money having been received from Hedges—on 4th March, he gives me credit for 5l. 10s.; and that is all I have received out of that particular transaction with Hedges.
Cross-examined. Q. He has put down in one of his accounts, "Sold a rick of hay to Hedges, for 35l.? A. Yes; he has debited himself with the amount—he sent a letter to say he had sold the rick of hay to Hedges for 35l.—I did not ask him to account for it—I do not know that I spoke to him about it; I am not certain—I cannot swear that I did not mention the stack of hay to him, and the receipt of so much money—he never denied having received the money—I settled up accounts once a week—I have spoken to him of things which he has omitted—I have not found him remember things he had omitted, and tell me of them—he has been with me over six years—I never said to him, "William, you have forgotten to account for this"—he has never mentioned to me something that he had forgotten, without being asked—I never recollect such an instance—I do not know what I pay a common writing clerk; various wages—I have been an attorney a long time; I cannot tell at all what we pay a writing clerk—we have persons in our office merely copying clerks.
MR. ROBINSON. Q. Is your father the head of the firm? A. Yes; I do not interfere at all with the payment of the clerks—we have a good many—I furnished the prisoner with a journal at the beginning of the year—I have seen a book in which entries of his were made—he had the use of a book for that purpose—I found out, about Aug., that the whole of this money had been paid—I never made any inquiry before—the date of the memorandum in which he mentions the selling of the hay, is 19th Nov.—
I never received the 10s. of Dr. Wootten—it is not entered in the account for that week—when there has been a specific thing to be sold, and he has had other things to buy, I have told him I had no objection to his making use of it—all the moneys he received in the course of a week, he could apply to anything during that week—at the end of the week he would have to give an account of it.
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
EMMA FARREN . I am the wife of Charles Farren. In April last I went to look at some of Mr. Tooke's pigs—I paid 5s. on account of one, and told him my husband would fetch it at night, and pay the rest—Whitmarsh made no reply.
Cross-examined by MR. COOPER. Q. You went to look at the pig? A. Yes; I paid 5s. down, and told him my husband would fetch it at night—there were five pigs; the pig was to be 16s.
CHARLES FAREN . I am the husband of the last witness. I saw Whitmarsh before my wife paid the 5s.—he asked a sovereign for the pig, and he consented to take 16s.—I went up in the evening, and got the pig—I paid 11s. to Mr. Whitmarsh.
Cross-examined. Q. Who did you see? A. Only Mrs. Whitmarsh—I do not know where he was—I cannot tell whether it was Mr. Tooke's pig, or his.
MR. ROBINSON. Q. What did you say to him? A. I asked him to let me look at the pig my wife had seen—it was in a sty, as soon as you get into the yard, turning to the left—I know Mr. Tooke's farm yard—there were other pigs there—I live in that neighbourhood.
MR. COOPER. Q. Don't you know that people occupying farms have a right to keep pigs? A. Yes; I know that a great many poor men in the country keep pigs and sell them.
BENJAMIN GOLDING . In May, 1854, I agreed with Whitmarsh about some sheep to be turned on to Mr. Tooke's land—I was to pay 3s. a score a week—I cannot tell how long they were there; the amount was 2l. 0s. 6d.
Cross-examined. Q. Where did you pay that? A. In my house; my house is more than two miles from the prisoner's—I do not know whether he had business to transact at other places after that.
ARTHUR WILLIAM TOOKE . I never knew of his keeping any pigs of his own; I would never have permitted such a thing—the sty the pig in question came from was mine—there is no entry in the account for 18th April, of any money received for pigs; he never gave me an account that he had sold a pig to Mrs. Farren—in the account for 1st June, he does not give an account of the 10l. received from Hedges—in the week ending 1st Aug., 1854, there is no entry of the 2l. 6d., received from Golding—there is no entry that Golding owed any portion of it—I sent for the prisoner in Aug., to come and give an explanation of certain matters—I sent a young man in Court, George Boreham.
Cross-examined. Q. Had he not before this been threatened with a prosecution? A. I am not aware; I will not swear I did not, because I
do not remember—he said he should put his affairs into the hands of Mr. Jennings, of Uxbridge—Mr. Jennings has been to me upon the prisoner's affairs—the prisoner did not offer to go into the accounts on the one side and the other—I have got Mr. Jennings's letter—(The letter was read)—Mr. Jennings did not call before I received that letter; he called after—my father and I were present at that time—neither my father nor I, said that all thoughts of a prosecution would be foregone and the accounts would be gone into; nothing of the sort; I swear that seriously—I did not hear my father say so; I will not swear he did not say it.
M. ROBINSON. Q. Is there any pretence for saying that you would forego the prosecution? A. No; I had received the letter before the communication from Mr. Jennings—Mr. Jennings talked about 11l. being due to the prisoner—I never had from the prisoner any account of that—he never made any claim beyond the two weeks—there is not the shadow of a pretence for saying that I owed the prisoner anything beyond that.
COURT. Q. What is the balance due to him for wages? A. 2l. and 9l.—those sums would be due, supposing the accounts were correct—I did not pay those amounts, from my feeling of suspicion that the accounts were wrong—I had made discoveries at that time—I gave him leave to sell things, and to pay current expenses for any specific object, debiting himself with all sums received, and crediting himself with all sums paid.
GEOGE BOREHAM . I am servant to Mr. Tooke. I recollect in Aug. being sent by Mr. Tooke to the prisoner, to tell him to bring his books—he said that he had not his books; that his legal adviser would correspond with my master on Monday or Tuesday—I did not know that to be Mr. Jennings—I did not see Mr. Jennings at the house—I did not know Mr. Jennings—I have seen him since; I have let him into my master's house.
Cross-examined. Q. Are you a clerk? A. No; I am the servant.
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
Cross-examined by MR. COOPER. Q. Did the prisoner come to you, and want two sacks of tares? A. Yes; I told him I had a customer who took more than I expected, but I would let him have one—I never heard anything amiss of the man; he bore a good character—I am not particular about the credit I give—I never asked Mr. Whitmarsh for the money—I should not have put him into the County Court, if I had thought it would have come to this—I would have given him the tares, sack and all—I would have trusted him with them for himself—perhaps a week, after he said he would call and pay me in a few days, he said he was coming down our way, and he would pay me—I never asked him—when I found he was leaving, then I sent up.
CHARLES TILLETT . I am a farmer and drillman. I did work for Mr. Tooke by order of Whitmarsh, in the month of May or June, in the present year-—I afterwards sowed the land—my bill was about 1l. 5s.; Mr. Tooke has paid me—I have never done work for him to the amount of 1l. 2s.—he said he should, pay for the work, as he had taken the land on his own hands—he had a running account before.
Cross-examined. Q. How long have you known Whitmarsh? A. Several years—I never knew anything against his character.
ARTHUR WILLIAM TOOKE . In the account ending 11th March, 1854, there is an entry of 1l. 12s.; that represents that the prisoner had paid it to Mr. Deacon—the balance in that account is 15s. 3d.; I should not have paid the 15s. 3d. if the 1l. 12s. had not been entered there as paid—in the week ending 28th July, he charges me with having paid 1l. 2s. to Mr. Tillett.
Cross-examined by MR. COOPER. Q. I see this is "Bought of Mr. Deacon," 1l. 12s.? A. It is "Cash paid" at the top in my handwriting—that was put in before it was sent down—there was 3l. 15s. due to the prisoner in the week in which he charges 1l. 2s. for Mr. Tillett.
M. ROBINSON. Q. Does not the account represent that it was not only bought but paid for? A. No doubt quite as much as his own wages—his wages are never omitted.
NOT GUILTY .
PLEADED GUILTY . Aged 30.— Confined One Month.
PLEADED GUILTY . Aged 66.— Confined Two Months.
Before Mr. Recorder.
PLEADED GUILTY . Aged 20.— Confined Four Months.
Before Mr. Common Serjeant.
MR. DUNCAN conducted the Prosecution.
THOMAS STIRLING . My father's name is William Stirling; he is a slate merchant, and lives at West Ham—the prisoner was my father's carman. On the evening of 28th Sept., about 8 o'clock, I saw a strange man outside our loft, on the flat which led into the loft—it was dark—I saw the man put a sack of oats down into Reed's yard, who is a beer shop keeper, next to my father's premises—the man laid down on his face on the flat, and after that he turned up, and jumped with his back towards me into Reed's yard—the prisoner came round to me, I cannot say from whence he came, and I asked him what was amiss—he said it was nothing but a sack of chaff he was going to sell to Reed for a pot of beer, to make a mattrass of—I walked up the road with him, and he said, "Don't tell the governor, or else you will ruin me for ever"—I had not said anything to him—I went to my cousin's, and then went into Reed's, and demanded to see the sack—it contained about four bushels of oats and half a bushel of beans—there were oats in my father's loft similar to those in the sack, and there were beans
similar to those I found half a bushel of in this particular sack—beans and oats mixed are the usual sort of fodder—the value of the oats and beans in the sack was about 15s.—the prisoner was there while my cousin and I examined the sack—I went for an officer—we examined the loft; we could tell that there was a quarter of oats missing in two days—I believe those beans and oats in the sack had formed a part of my father's stock.
JURY. Q. When the sack fell in the next yard, could you distinguish what it contained? A. No; I saw it fall, but I did not hear it—I saw the same sack opened that I saw fall—it contained oats and beans.
THOMAS STIRLING ROBINSON . I am cousin of the last witness—I live at Stratford—I am a slater. About 8 o'clock in the evening of 28th Sept., I accompanied the last witness to Reed's beer shop—I saw a sack which contained oats and beans—while I was looking in the sack I saw the prisoner—he asked me what I was at—I told him I wanted to see what was in the sack—he said it was only chaff; I told him it was a strange kind of chaff, there were oats and beans—he then said, "For God's sake, Tom, don't tell the governor; it is the first time I have done it; you know, Tom, my father is just dead, my mother is dying, and my wife is very ill; I wanted to make a little money"—that was 'true; his father died about a week before of the cholera, and his mother was dying, and his wife was very ill—he said, "Let us put it up in the loft again," and we did—there has been nothing known against him before—he had a very good character.
THOMAS ADDINGTON (policeman, K 189). On 29th Sept. I took charge of a sack containing about four bushels of oats, and about a bushel of beans—the two last witnesses gave it me, from the premises of Mr. Stirling.
JOSEPH BENTON (policeman, K 381). I was on duty on 29th Sept—I went to Mr. Stirling's premises, and took the prisoner—I told him the charge—he begged of Mr. Stirling to look over it, as it was the first time—on the way to the station he told me he was very sorry, that his father was just dead, and his mother was dying; his wife was ill too, and he wanted to make a little money.
GUILTY . Aged 28.—Recommended to mercy by the Jury and Prosecutor.— Confined Seven Days.
M. EWART conducted the Prosecution.
ELIZA DUPREE . I am the wife of William Dupree; I reside at the Grove, Hackney. On the afternoon of 3rd Oct. last I was driving to Woodford—I had come from Hackney, and passed down the Lea-bridge-road—I saw the prisoner near to Higgin-lane, Walthamstow, about 5 o'clock in the afternoon, behind a carriage that was standing—I was driving—he was before me—he came up the road—the carriage was in the road—he took a coat from it, and then walked to the footpath—I kept my eyes upon him—he went into Woodford Forest, before you come to Woodford-green, behind some bushes—as soon as I could I got to the carriage, and said to the coachman, "Is there anything gone belonging to the carriage?"—I thought the man had stolen a coat—I saw the lady beckon to the coachman—that convinced me he had robbed the carriage—I rode over to the lady, and told her I saw the man who had gone into the forest steal the coat—I stopped a little while—some persons went into the forest to see if they could meet the prisoner: the gentleman, I believe, belonging to the carriage; I do not know who else—I saw the prisoner again—after the carriage drove off and all
were gone, he came out from behind the bushes—the prisoner, after he came out from behind the bushes, walked a little way—when I looked towards him he went behind the bushes again—I afterwards saw him peep from behind the bushes—after he peeped I went onward, but I still kept looking—I was going to Woodford—I looked behind me several times, and I saw him a second time behind a cart, on Woodford-green, talking to a carter—he was then coming behind me—I had my chaise stopped, and said to my man, "You get out," and I kept my eye on the prisoner—after leaving the cart, he passed me on the path—he was following the cart—I kept my eyes upon him all the way—he went to a little public house, called the Travellers Rest, at Woodford Wells—I saw a constable opposite, and pointed out the prisoner—the man came up, and went towards the turnpike—I asked the policeman if he had seen the young man, and said, "That young man has just stolen a coat from a gentleman's carriage"—it was light when I first saw him, and I had a good opportunity of seeing him—I am quite sure that the prisoner is the man that took the coat, and went to the public house—I am sure that he is the man that peeped out, and went to the carter—I have no doubt about it at all.
Cross-examined by MR. HORRY. Q. Were you driving? A. Yes; my man was with me—the prisoner was in front of me—my attention was too much attracted to the man to know the distance I was from him—I was up to the carriage immediately—I was not fifty yards—if I had been walking I should be more likely to know—I touched the horse, and was up directly—it might be thirty or forty yards—the man came behind the cart—the cart was on the right hand side of the road—the coat was taken off—the man came on the footpath, and then he went into the forest—I saw him go to the back of the carriage, and take the coat, and walk into the forest—I saw the prisoner talking to the carter not many minutes afterwards.
JOSEPH ALDER (policeman, K 225). About 5 o'clock, on 3rd Oct., I was on duty in the Woodford-road, and met the last witness—in consequence of information which she gave me, I found the prisoner, and brought him back to her—she immediately identified him as the man who had stolen a coat from a gentleman's carnage in Lea-bridge-road—I took him to the station-house.
BENJAMIN CONQUEST . I keep the Eagle Tavern, City-road. On 3rd Oct. last I drove down to Woodford, in an open carriage—my wife was with me—on my return home, in the afternoon, the carriage was in advance of me—I was walking and my wife was walking with me—I was about 500 yards behind the carriage—I observed a horse and cart in the road—there were two men and two women in it—I have every reason to believe the prisoner was one of them—to the best of my belief, he was; I do not say positively—that was nearly 5 o'clock—I observed a conversation take place between the two men, and the prisoner stepped over the tail of my carriage—my coachman was on the front seat, driving—I saw the man, who I believe to be the prisoner, take a great coat from the seat behind the back of the carriage, and place it on his arm—he turned back, and walked towards the cart again, which was coming towards me—the cart was between me and the carriage—he then had the coat with him on his arm—on seeing that, I crossed over the road, so as to place myself in opposition to him, to meet him as he was returning to his cart—when I was within about thirty or forty yards of him, I imagine the man who was behind me must have made some signs to him—the cart was behind—when within forty yards he had the coat, and he jumped from the roadway into the wood—it was the coat
which the coachman used to wear—I had given It to the coachman twelve months previously—it was the coachman's coat—I had an opportunity of observing the prisoner well—I was opposite to him—I have no doubt that; he is the man—I followed him into the forest, but I could not find him.
Cross-examined. Q. Which way was he coming? A. Towards me with the coat as I approached towards him—I was about forty yards from him when he jumped—he saw me looking at him steadfastly, and turned off to the right into the wood—he had a hat on—I think he had on the coat he has now.
NATHAN SAVILL . I am coachman to Mr. Conquest. On 3rd Oct. last I was with him; he drove himself—Mrs. Conquest was with him—I had two coats with me when I left home to go to Woodford, a box coat, and another over my knees—Mr. Conquest had given me that coat ten or twelve months before—on my return from Woodford, both coats lay behind where I was sitting—I was sitting in the rumble till my master and mistress got out to walk, and I left the coat in the rumble—I then went to sit in front and take the reins—I left the coat in the rumble—it was safe when I got down to go to the front of the carriage—that might be from five to ten minutes before I received information from Mrs. Dupree of what she had seen—the carriage was then standing in the Lea Bridge-road—I walked slowly, and sometimes stopped—my master and mistress were behind walking—Mrs. Dupree was on the Lea Bridge-road at that time—she drew my attention to something she had seen—I did not see the prisoner—in consequence of what she stated, I looked behind to see if the coat was safe—I did not get down—I saw my mistress hold up her hand; I turned my attention to her—she asked if I had missed anything from the carriage; I looked over, and said, "Yes, I have lost my coat"—I just got down to look for the prisoner, but saw nothing of him.
(The prisoner was further charged with having been before convicted.)
LOUIS LAMBET (policeman, K 311). I produce a certificate—(Read: "Central Criminal Court.—David Taylor, convicted, August, 1851, of stealing a jacket. Confined Three Months")—I was present at the trial—the prisoner is the person—he is a regular associate of thieves—we could never happen to get hold of him before.
GUILTY. Aged 21.— Four Years' Penal Servitude.
Before Mr. Common Serjeant.
1166. JOSEPH RUTHERFORD and THOMAS M'KANN , unlawfully breaking and entering a grave in the churchyard of the parish church of St. Paul, Deptford, and removing the body of Margaret Davies, deceased, lately interred, there from, without lawful cause.
M. JOYCE conducted the Prosecution.
ALBERT DAVIES . I am a plumber, and live at Deptford. I had a child named Margaret; she was between ten and eleven years old—she died, and on 10th Sept. was buried in the churchyard of St. Paul, Deptford—it was about half-past 10 or a quarter to 11 o'clock that I left the churchyard—the two defendants were there, acting as gravediggers—the funeral service was performed by the Rector, the coffin was lowered into the grave, some
earth was thrown on it by the gravedigger, the Clergyman left, and I then left with my friends—the grave was about nine or ten feet deep—when I got home three females called on me; Susan Waller was one—she communicated something to me, in consequence of which I went back to the grave, but did not see the coffin there—I saw Rutherford, and asked him where my child was; he said, "It is there," pointing to another place some few yards off—I asked him what authority he had for that; he said, "Who the h—is going to dig a nine foot grave for a shilling?"—I went to the grave he pointed out; it was open—it was not sufficiently long, and was undermined at the two ends—I saw the coffin; both the ends of it went underneath the surface—the length of the coffin was five feet one inch—I measured the grave, but I forget the length of it—it had to be dug some sixteen inches longer before they could get the coffin out again—the coffin was injured, two ornaments above the nameplate, and one below—the coffin was taken out of that place by order of a Magistrate, And put into its original place.
Cross-examined by MR. METCALFE. Q. Where did you find Rutherford when you went back; was he in the grave? A. No, he was standing over the grave, in which my child had been buried—I buried another child, the next day, in the same grave—they both died either of cholera or black fever—there were a great many deaths in a day occurring at that time—I do not know that there were twenty-five or twenty-six funerals in a day—Mr. Billington was the undertaker—I could see the coffin in the second grave—a portion of both ends was under the surface, as if it had been put in and shoved under.
JURY. Q. How much ground was thrown into the grave? A. Only that which was used in the service—I had got a child dying at home, and I did not stop; I was anxious to get home.
SUSAN WALLER I am single, and live in Griffin-street, Deptford. On the morning of 12th Sept. I was in the churchyard of St. Paul, Deptford, and saw the funeral come in—I stayed till the mourners went away—they had hardly got out of the churchyard gate, before the two prisoners pulled the corpse up by the ropes which they had let it down by—they carried it to another grave, and placed it down head first—I then went and told the child's father—I got back very nigh as soon as he did, and heard the conversation between them—M'Kann was very civil, but Rutherford was very impudent.
Cross-examined. Q. Was Rutherford in the grave after you came back? A. I did not see him.
JURY. Q. Was the coffin lowered down the second time, or thrown down? A. I was not close enough to see the ropes on the coffin, but it was taken from one grave to the other grave by the ropes, and pushed in head first—the narrowest part of the coffin was uppermost.
ANN TOWERSON . I am the wife of Thomas Towerson, of Copperas-lane, Church-street, Deptford. I was in the churchyard on this day, and saw the funeral of the prosecutor's child—when the mourners had left the ground I saw the two gravediggers fetch the corpse from the grave, put it on the ropes, and carry it to the next grave—I then saw them put it down head first and heels upwards—they were not many minutes putting it into the second grave; two or three minutes—they could not get it in, the grave did not appear large enough at the top, so they had to lower it down head first—I believe they used ropes to lower it into the second grave.
(The COURT considered that although it was quite right for the parish to bring the case forward, the evidence did not amount to the offence charged, the defendants having probably done it to save themselves trouble.—MR. JOYCE stated that the parish had dismissed the defendants from their situations.)
NOT GUILTY .
PLEADED GUILTY . Aged 47.— Confined Four Months
PLEADED GUILTY . Aged 69.— Confined Six Months.
WILLIAM LANE . I am salesman to Mrs. Pearce; she keeps a clothes shop in High-street, Deptford. On 9th Sept. a communication was made to me, in consequence of which I, went to the Lower-road, Deptford—the, prisoner was there; he had a pair of trowsers—I seized him, a scuffle ensued, a constable came up, and I gave him in charge—these trowsers are the property of my mistress; when I took them, they were just as they are, now—there is a ticket on them now, and was when I took them—I cannot say how recently I had seen them safe—I placed them where they were in the morning—this was half past 9 o'clock in the evening—I had been busy all the evening; I had not noticed them—I cannot positively say that he was tipsy; he might have been the worse for liquor—I found him about fifty yards from my mistress's shop.
GEORGE PRICHARD (police constable). I was on duty at Deptford, and saw the last witness and the prisoner on the kerbstone, scuffling—the last witness gave him into my custody; he was very violent; it took six of us, to take him to the station house—he was under the influence of liquor.
(The prisoner was further charged with having been before convicted.)
JOSIAH TURNER (policeman). I produce a certificate—(read: "Central Criminal Court, Daniel Murphy, convicted, Aug., 1853, of stealing a pair of trowsers; having been before convicted; confined six months")—I was present at the trial—the prisoner is the person—I took him into custody.
GUILTY. Aged 38. Confined Nine Months.
MR. JOYCE conducted the Prosecution.
WILLIAM BROWN (policeman, R 98). On 8th Oct., in consequence of instructions I received from the prosecutor, Mr. Eman, I watched his premised—he is a baker, in Lee; I was at the back of the house—there is a sort of passage to the bakehouse, at the side of the house—there is a pump there—it was about a quarter to 8 o'clock—I placed myself behind the coal
cellar door; that gave me command of the back premises—I saw the prisoner come out from the bakehouse; he went to the pump, and took hold of the handle—he looked as far as the water closet, and places round about, as if he was watching—the next day I found the pump dry—he then returned into the bakehouse—I then saw him open the bakehouse door, and I saw the boy come out with a bundle; the boy left the yard, and the man returned to the bakehouse—I followed the boy to the public house, where a young man stopped him, about seven or eight yards from the gate—I asked him what he had—he told me, some flour—I asked him what he was going to do with it—he said his father gave it to him, and he was going to take it home—I took him to the station house—on my way I met a brother constable, and told him of the circumstances; he went back to watch the elder prisoner—I examined the bag, and have got it here, with the flour in it (produced)—the weight of it is nineteen pounds; it is a linen bag, tied up in an apron—the elder prisoner was brought to the station by the other constable—I searched the boy, and went to the house of the prisoners, and I found six loaves of apparently home baked bread—I got into this place in such a way that no person in the bakehouse could know how I got there.
Cross-examined by MR. SIMONS. Q. Are you a detective? A. No; I am employed in plain clothes on Sunday, generally speaking—I am not connected with the detective force—I was in plain clothes upon this occasion—I go out in plain clothes by order; I was so upon that occasion—I saw the man come out of the bakehouse, and put his hand to the pump handle; he lifted the handle up two or three times, and no water flowed—he then went back into the bakehouse, and shortly afterwards the son came out, and the father let him out—there is a public house next door—I followed the boy out of the passage to the Woodman door; I did not go into the Woodman—I did not first accost the boy, because he was stopped by another young man close by the public house door—the man Berry, who first accosted the boy, took him to the Woodman door, and waited till I came out.
COURT. Q. Who stopped him? A. Some other person—the occasion of that was, I went through the public house, and asked the landlord to allow me to go through to the back premises, and I asked him if he saw anybody come out, to stop them.
MR. SIMONS. Q. What did the boy say? A. That he had some flour that his father gave him—I then took him to the station house—I was present at the hearing before the Magistrate.
MR. JOYCE. Q. Was anything taken down at the first examination? A. Yes; I am quite positive of that—I did not search the elder prisoner when brought to the station, but I went to his house and found six loaves; I cannot say whether they were home made bread, but they looked like it—some bread has very much the appearance of home baked bread.
GEORGE HART (policeman). I was near the Woodman on Sunday, the 8th Oct., about 8 o'clock. The last witness came up to me, and made some communication; in consequence of that, I went back to the prosecutor's premises, the passage leading down to the bakehouse—the elder prisoner was in the bakehouse—I waited till he came out, about five minutes; he came into the passage where I was, leading into the street—he was going towards the main road—I asked him what he had given his boy just now—he said, "Nothing"—I asked him if he was quite sure of that—he said, "Yes"—I told him we should be able to show him something—he said he had given nothing out but what belonged to him, some flour—I asked him if he was allowed to take that in his master's absence, and he said, "Yes;
I should have taken it if he bad been at home"—I took him to the station house.
LAWRENCE THOMAS EMAN . I am a baker, carrying on business at Lee. My bakehouse is at the back of the house—there is access to it without going into the house—I have employed the elder prisoner about three months—his employment was about an hour in the morning, to come and assist to set the bread; and occasionally he set the sponge on a Sunday evening—I myself work in the making of the bread—I gave some instructions to the police—on the evening of 8th Oct., I sent for the prisoner to set the sponge—he came about 8 o'clock—he was alone—I saw him come in—his son came about five minutes after him—I was in the house during this time—after some time, information was brought to me that the prisoner was in custody—I went to the bakehouse, and missed some flour from one side of the trough—I cannot swear to the flour—my flour was not unlike that—I suppose the quantity missed to be about 5 quarterns; that would be about 17 lbs.—the quantity in the bag is about 19 lbs.—the bag is not one that I use, and the apron is a thing that I would not send out; they do not belong to me—the value of the flour is about 3s. 6d.—the prisoner had no right to take these things—I never gave him permission—there was no thorough agreement made between him and me; after he had been a month, I asked him what I was to pay him—he asked me what he owed, and I told him about 8s. for bread and flour—he said he was satisfied, if I was—he always sent for bread and flour to the shop—he stayed two months after that, and sent for the flour in the usual way, and I booked those things against him—that amounts to about 1l. 6s.—he had no authority whatever to take flour out of the bakehouse.
Cross-examined. Q. Have you any other man assisting you in your business? A. No; and no other servant to whom I pay wages in that way—the man who attends to set the sponge does not remain till an early hour in the morning—about 8 o'clock was his time, and it would take him about a quarter of an hour—occasionally he was there at 2 o'clock in the morning; but that was to suit his own time, because he had to go to market—setting the bread is done about 8 o'clock—he has not been there, to my recollection, later than that at night—he was there at 2 o'clock in the morning, to suit his own convenience—he remained about an hour; it might be a little longer—that was generally Saturday morning—setting the bread is always done early in the morning—I had missed flour before, on Monday—there were about 3 bushels in the trough where this was taken from—the abstraction of 17 lbs., or 5 quarterns, would be evident—I do not know what I owed him—the flour taken would be worth about 3s. 6d.—I consider I owed him the same as he charged me before, 8s.—against that I have got 1l. 6s.—the balance is in my favour—setting the bread is done in quantities, in order to get each particular loaf—I do my own work—this man goes out to work in that way.
THOMAS TRUELOVE, the Elder. GUILTY . Aged 50.— Confined
THOMAS TRUELOVE, the Younger— NOT GUILTY .
MR. JOYCE conducted the Prosecution.
there with another man, who left me there—I had a watch—I went to sleep, and was aroused by a female—when I awoke, I found a cut in, my trowsers, and my watch was gone—I gave 2l. for it.
JAMES ARMSTRONG . I am a labourer, and live at Plaistow, in Essex. When I left my friend, he had his watch at that time—I should say I was away from him about an hour—when I went into the room, a female was there, trying to awake him—he was not awake when I went in—when I awoke him, I saw that his belt and his watch pocket were cut nearly down to the bottom.
Prisoner. Q. Did you see me in his company? A. I cannot say—at the time I was drinking with him, there was a great number of soldiers; but I did not take any particular notice.
JANE WILSON . I was at Uncle Tom's Cabin on the night in question—I saw Banks there, lying with his head on the table, asleep—I saw the prisoner sitting at his right side, with his left hand in Banks's pocket—as soon as I began to shake Banks, the prisoner jumped up and went away, and I saw no more of him—I noticed that Banks's trowsers were undone, and his belt and pocket cut—I went out with him, and spoke to a policeman—he persuaded us to go to the station and give information, and we did so—about half an hour afterwards, the prisoner was brought to the station house—I and the policeman met him in the street, and I told the policeman that was the man, and he was then taken into custody.
WILLIAM BUTCHER (policeman). On this Saturday, I was on duty in High-street, when the female witness came up to me, and gave me information—afterwards I saw the prisoner, and told him what he was charged with, and he denied it; he said "Ah!"—that was all he said.
Prisoners Defence. I leave it to the Jury to judge whether, if I stole the watch, I should pawn it in my own name; this woman is a prostitute, and gets her living out of soldiers; she met me at the door, and asked me to be kind enough to pawn the watch for her; she said she expected her man home in two or three days; I asked whose name I should pawn it in, and she said, "Your own name;" and if I had stolen it, I should not have done that.
GUILTY .— Confined Six Months.
1172. HENRY NEWINGTON , breaking and entering the dwelling house of Joseph Dawkins, and stealing therein 2 pairs of trowsers, 10 spoons, 2 pairs of sugar tongs, and other articles, value 1l. 16s. 6d.; his property.
MR. GIFFARD conducted the Prosecution.
JOSEPH DAWKINS . My dwelling house is in the parish of Saint paul's Deptford. On 4th Oct., I went out about 2 o'clock, and returned about 2 minutes after 5 o'clock. When I went out, I secured the house, and fastened the outer door with a padlock—there was nobody left in the house—on my return, I found that the outer door, which gives access to the other part of the house, had been broken open—the padlock was gone—there was a staple in the door, and if was wrenched off, which released the fastening—I went up stairs, and found the whole of the things in the box and cupboard, and other places, strewed all over the room—I missed my blue trowsers, and spoons, and sugar tongs, and a piece of bacon—they were all safe when I left the house—I did not miss my other trowsers till the middle of the night—I had seen them safe on the Sunday previous—these
(produced) are my trowsers; I have had them for years—I know them by the darn at the knee, which I did myself—I pointed that out before they were shown to me.
Cross-examined by MR. DUNCAN. Q. When did you see them? A. On the Sunday before Wednesday, 4th Oct.—there was besides a newer pair of trowsers, and a pair of shoes, four table and six tea spoons, and a handkerchief, and two pair of sugar tongs, and a pair of spectacles.
JOHN LAKE . I am gate keeper at the wharf at Deptford—Mr. Dawking's house is enclosed in the yard—I saw the prisoner that afternoon go out of the gate into the road—it is a gate belonging to the wharf—the house stands on the wharf—it was between 3 and 4 o'clock.
Cross-examined. Q. Who does this wharf belong to? A. To the London Brighton and South Coast Railway—the public go in and out there during the day—only persons on business go there—the gate through which I saw the prisoner go leads to many places—I did not see anything in his possession in the form of a bundle—some hundreds of persons go through the gate in the course of the day.
MR. GIFFARD. Q. Was the prisoner with some one else? A. Yes; I cannot say the distance that this gate is from Mr. Dawkin's house; it might be about 100 yards.
SAMUEL ADAMS . I live at No. 2, Charles-street, Deptford—I am a dealer in clothes. On 9th Oct., the prisoner came into my shop and asked me to buy a pair of trowsers—I told him I would look at them; I looked at them; I said they were of no value to me; they were of the wrong make, and likewise there was no lining in them—they had been darned—I said they were only fit to cut up for patches—he threw them on the floor, and said he would sell them for sixpence—they are the trowsers which the officer has produced—I hung them out at the door for sale; the owner of the property was passing, and he came into my shop—I gave them to the officer.
Cross-examined. Q. Did you ever see the prisoner before? A. Not to my knowledge.
GUILTY . Aged 17.— Confined Eighteen Months.
MR. GIFFARD conducted the Prosecution
ALFRED PEPPERCORN . I am a butcher, carrying on business at Broadway, Deptford—the prisoner has been in my service since last Christmas—he had authority to receive money on account of my customers, and to give an account of it at the desk the same day—Mrs. Lewin generally received it, but sometimes myself—she was my book Keeper-—I had a customer of the name of Kimber—there is no account of 12s. 5d. he received at the end of the month of June—on 7th July, he has accounted for 10s. received—on 21st July, 10s.—I always supplied him with bills, showing how Much was due from the customers—he ought never to leave without them—he had no authority to make out bills himself.
Cross-examined by MR. PARRY. Q. It is rather a peculiar business that you transacted at Plumstead, is it not? A. No; the prisoner used to go one day a week, and try to get customers for the next week—in some cases he took meat with him, to save a journey—Mrs. Kimber was one of the customers he got for me, while he was in my service—I have got Mrs. Kimber's account here (producing it)—he had not authority to sell at any
reasonable price; the prices were always fixed—I have sometimes said, "You can take a halfpenny less for this article, being warm weather," but nothing further—I do not know that I ever told him to sell according to the best of his judgment—I will undertake to say I never intended to make use of such an expression—if he was late, I may have said, "You must do the best you can"—I have got no entry on 23rd June—the 12s. 5d. was before the Magistrate; I never received it—he had from ten to a dozen accounts to collect there—he used to go there once a week—I do not recollect whether the 12s. 5d. was taken as one of the charges before the Magistrate; I recollect speaking of it—on 7th July there is a sum of 10s. paid by Kimber, and on the 14th, a sum of 5s. paid; on the 21st, 10s.; on the 28th, 8s.; the 4th of August, 7s.; the 11th of August, 5s.; the 28th of August, 10s.;—on the 18th August he accounted for 4s. 6d. from Eves; Ward, 4s.; Cook, 5s.; Kimber, 10s.—1l. 3s. 6d. altogether—I have not ascertained from Mrs. Eves; since that Harborough paid me 4s. 6d. for her instead of 2s—I have seen Mrs. Eves about this, and I find still greater complication; she says she paid 2s. on account of herself, and 1s. on account of her son—Harborough has paid 4s. 6d.—she still owes me money—I have entered 4s. 6d. as having been paid by her—he has paid me 4s. 6d., and has given her credit for 3s. on a piece of paper—he ought to pay to me every night what money he received—the Plumstead matter was sometimes once and sometimes twice a week.
MR. GIFFARD. Q. What is the whole amount due to you on Kimber's account? A. 2l. 0s. 2 1/2 d.; giving credit for all the amounts he has paid me.
Cross-examined. Q. How did you make the entries? A. The prisoner used to come in and tell me the amounts he had received, and I entered them—he had a book to take out with him, in which I wrote the weights of the meat, and at the other end he wrote who had had joints, and paid money; and those were the sums that I entered—the last time I saw the book, it was in the prisoner's possession—(a book was handed to the witness)—this is the book from which I copied—in the accounts the sums paid appear to 10s., 6s., 5s., and so on; as to Kimber's account, the meat is entered, and the cash too—on 9th June, I have entered a leg of lamb at 9 1/2 d.,—he had not authority to sell that at 7d.—I had no idea that the meat had been sold at a much less price than it would have been sold at in the shop; I have been told so since—I know nothing of his selling ribs of beef on 16th June, at 6d.; it is charged 7 1/2 d.—on 7th July, there is an entry of 10 lbs. 6 ozs. of the ribs of beef, and 1lb. of suet, at 9d.—I consider Kimber owes now 2l. 10s. 2 1/2 d.—from 28th April to 18th Aug., he has paid 4l. 1s. 8 1/2 d.—only the first payment was a settlement; the rest were installments—I have not calculated whether, supposing he sold at a less price, it would make up the balance due from Kimber—the 2l. due from Kimber is charging at the full prices—on 18th Aug., I was told to enter 4s. 6d. from Eves—I cannot say whether I was told by the prisoner or by Mr. Pepper-corn—I do not know whether Mr. Peppercorn sought some explanation from Mrs. Eves about the 2s. 6d.
MARGARET KIMBER . I am the wife of Mr. George Kimber, who lives at Plumstead. I remember the prisoner coming from his master, Mr. Peppercorn—I cannot say when he first came; I have dealt with him about three months—I remember paying him some money about 21st June—what
receipts I had I returned to Mr. Peppercorn—the receipts for 10s. 6d., and 12s. 4 1/2 d., now produced, were for meat supplied to me by Mr. Peppercorn—the bills were in the handwriting of the prisoner.
Cross-examined. Q. How used you to pay? A. Once a fortnight—Mr. Peppercorn demands from me a great deal larger sum than I say I owe—I have known Harborough as a butcher in the neighbourhood of Plumstead, when he was in business for himself, and was a customer of his—the prisoner did not put any date to the bills; I have no means of telling the dates—I am sure the bill now produced, belongs to me, because I had a calf's head and a set of feet at the same time.
MR. GIFFARD. Q. When did your husband settle the account? A. I think about 18th Aug.; I am sure I paid the sums of 12s. 5d. and 12s. 4 1/2 d.
COURT. Q. In what month was it you had the feet and the calf's head? A. I do not remember; but I recollect having them quite well.
GEORGE KIMBER . I am the husband of the last witness. On 18th Aug last, I took in two pieces of beef; at that time my wife thought the accounts were settled, but they were not—I gave what I gave on account; Harborough had not brought his book that night—I gave 12s. 6d. on account, that night—I did not get a receipt for it.
Cross-examined. Q. How often used you to pay? A. Once a fortnight—Mr. Peppercorn appears to claim a much larger sum than I say I owe him.
SARAH LEWIN re-examined. Supposing 12s. 5d. had been paid on 23rd June, it would reduce the balance of Kimber's account—the sums have been paid on account at different times; and he has had meat which, by the payment of those different sums, still leaves a balance of 2l. 10s. 2d., according to the price the prisoner was directed to charge—previous to, or on 23rd June, there is no calf's head charged to Kimber—he is not charged with that at any time.
JOHN BRIGHT . On 31st Aug. I apprehended the prisoner; I told him he was charged with receiving various sums of money on account of his master; and he said he had accounted for every farthing that he had received.
SARAH LEWIN re-examined. I do not know that any special prices were charged during the time Mrs. Kimber was dealing with the prisoner—when he came back I used to put this question, "Did you tell so and so, the price of that beef?"—the general answer was, "No"—in June and July, the price of prime parts of beef was 9d.; the back ribs would be as low as 7 1/2 d.—I could not tell the price he was told to charge Mr. Kimber, unless I knew the joint—I only entered the weights in his book; not the price—I made out the bills for the meat—the price was not charged so much a pound; but the quantity and the total.
(The prisoner received a good character.)
MR. GIFFARD conducted the Prosecution.
LUCY KENDALL . I am the Wife of George Kendall, who keeps the Feathers public house, at Plumstead I know the prisoner; I have dealt with him on his master's account—on 11th Aug., I paid him 9s. 3d.—either me or my husband—it was paid to the prisoner on that day.
Cross-examined by MR. PARRY. Q. Is the entry in the book now produced in your husband's handwriting? A. Yes; I do not know whether I or my husband paid the 9s. 3d.—I do not produce any receipt; I always paid ready money—I have known Harborough two or three months—my husband is a licensed victualler—the prisoner used to come in his cart with meat for sale—I sometimes ordered beforehand—Mr. Harborough looked in a book to ascertain the weight—I used to calculate the weight and the price—I paid the 9s. 3d. for beef and mutton, at 6 1/2 d. per pound, both together.
Q. Had the prisoner a bag for the money? A. I am sure I do not know.
MR. GIFFARD. Q. Did you ever get a bill of the prosecutor's? A. No; that is the case with respect to all transactions, whether ordered or not—I cannot say whether, in this particular case, I had ordered the week before.
GEORGE KENDALL . The entry of 11th Aug. is made by me—the 9s. 3d. was paid, either by me or my wife—I did not deal with any one else at that time; he used to come round with a cart—what I term hawking the meat; getting the best price he could—I saw Mr. Chaplain last Tuesday morning—he was ill at that time; he was in bed—I have not seen him since—it was about a quarter past 8 o'clock.
SARAH LEWIN . The prisoner paid me on 11th Aug., as having been received from Mrs. Kendall, 5s.; and on 18th Aug., 10s. from Mrs. Kimber—I always made out bills for him to deliver to the customers—he ought to account for the money at night—he had no authority to alter the prices of the meat after he had left the house.
Cross-examined. Q. Had he authority to take meat to Plumstead to sell? A. No; he used to take it if we had not any direct orders—he was not to hawk it about—besides the orders, a certain number of customers were likely to want such and such a joint, and they were sent; but not to anybody in Plumstead—if he got a new customer, he booked it in their names—I do not know exactly what money he paid me on 11th Aug.—it was generally between 1l. and 2l.; sometimes it might be just over 2l.
COURT. Q. Did you make out bills to Mrs. Kendall? A. No; I never heard that name—the 5s. is charged to the name of Eaton—on 11th Aug. I gave him a bill to deliver to the Feathers, and on the 18th to Mrs. Kimber.
Cross-examined. Q. Will you swear that the prisoner had not authority to sell, according to the best of his judgment? A. I will—I never said he was to use his judgment as to the price the meat was to be sold at—in former times, when it was warm, I told him to do the best he could, but I always limited the price—Plumstead is about three miles from where I live—he used to go after 10 o'clock and be back again in the evening—he used to go when the work of the day was nearly over—I heard the explanation about Mrs. Eves's 2s. 6d. from the prisoner—I went to Mrs. Eves and every one else.
NOT GUILTY .
MR. BODKIN and MR. ELLIS, JUN., conducted the Prosecution.
ELIZABETH INGRAM . I am the wife of Henry Ingram; he keeps a chandler's shop in Morning-place, Greenwich. On the evening of 19tn Sept. the prisoner came to the shop, after the gas was lighted—he asked for a 1d. worth of Cavendish tobacco—I told him we did not sell it—he had 1d. worth of other tobacco and gave me a shilling—I gave him 11d. change, and he left the shop—I had my doubts about the shilling, and directly he was gone I tried it and found it was bad—I put it in the till, but it way so bent in the detector that I could tell it again—I had no other bent one there—this was on Tuesday evening—the prisoner came again on Wednesday evening for half an ounce of tobacco—I served him, and he gave me another shilling—it was a bad one—I told him so; he said it was not—I said, "This is a bad one, and you brought me a bad one last night"—he said he was not on that side last night—I sent for a policeman and gave him in charge—I tried the second shilling in the detector, and I gave both the shillings to the officer.
Prisoner. I was not there the first fright that you say I gave you a bad shilling; I was not on that side. A. Yes, it was you that came—I am sure you are the person that came the first night.
ARNOLD FELDWICK (policeman, 130 R). I was called to Mrs. Ingram's on 20th Sept.; the prisoner was there—she gave him in charge for passing a bad shilling the night before, and one that night—Mrs. Ingram gave me the one he attempted to pass that night, and she took the other one out of her pocket and gave me—the prisoner said he was not there the first night.
Prisoner's Defence. I gave her one shilling that night; I don't know whether it was bad or not; it was all the money I had about me; I had not been there the night before.
GUILTY . Aged 20.— Confined Six Months.
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.
ELIZABETH GREEN . I keep a greengrocer's shop in Douglas-place, Greenwich. On 7th Oct. I had a shop in Trafalgar-row—a woman came that night about 8 o'clock; my foreman, Jackson, was in the shop—I do not remember the person of the woman, but my servant served her, and the woman gave me a crown piece—she had bought some carrots of me, and when I gave her the change of the, crown she left the carrots, went away, and said she would call again—I put the crown piece in the till—there was no other crown there—my husband cleared the till that night, and put the money in his pocket—on the Monday morning I took the money out of his pocket, and found a 5s.-piece was bad—it was the only 5s.-piece there—I marked it and gave it to the officer.
JAMES JACKSON . I am foreman, to the last witness. I was in the shop on Saturday night, 7th Oct.—the prisoner came between 8 and 9 o'clock—I am quite sure she is the person—she asked for a bunch of carrots—she put down a crown—my mistress took it and put it in the till—the prisoner went away after she had got the change, and left the carrots.
GEORGE GREEN . On the night of 7th Oct. I took the money out of the till and put it in my trowsers pocket—there was only one crown—I had no other money in that pocket—that money remained in my pocket till Monday
morning, when my wife took it out and brought it to me—I had not put any other crown piece in my pocket—that crown was bad, and it was marked.
WILLIAM SPRATT . I keep the Royal William beer shop at Greenwich. I saw the prisoner there on 14th Oct. between 9 and 10 o'clock in the evening; she called for a glass of 6d. ale—my wife served her, and she put down a crown-piece—I said, "Hand me that piece directly"—and I found it was bad—I asked the prisoner how she came by it—she said a gentleman gave it her—I asked her if she had any more; she said, "No"—I took her by the arm, and took her to the station—as I was taking her up the stairs she dropped some money—when I had given her into custody, I went and looked and found a 6d.; I marked it and gave it to the policeman—I did not lose sight of the crown till I gave it to the policeman—this is it.
Prisoner. I offered one; I did not know it was bad; the other I know nothing at all about.
GUILTY . Aged 28.— Confined Twelve Months.
DAVIS PLEADED GUILTY . Aged 17.— Confined Four Months.
MESSRS. BODKIN and CLARK conducted the Prosecution.
JOHN MONTAGUE SMITH . I am a gunner in the Royal Artillery. On Thursday evening, 12th Oct, I was in the Marquis of Granby between 7 and 9 o'clock—I saw the two prisoners there; Eldridge came to me and shook a handkerchief, which appeared by the sound to have money or metal in it—she asked me if it was any use to take and pass any Birmingham—I told her to walk away—I did not want anything to say to her, and to mind her own business—she said, "Never mind, you can soon pass it at the Canteen"—she went away—I did not see where she went—Davis was in the public house—when I came into the taproom I saw the two prisoners sitting along-side of each other, and half an hour afterwards I saw Eldridge give Davis the same handkerchief that she had shown to me—it seemed to me folded up as it was when she showed it to me—she told Davis to get something to drink—the handkerchief has been shown me since.
MARY ANN HUXFORD . My husband keeps a shop in High-street, Woolwich. On Thursday evening, 12th Oct., Davis came in the shop between 6 and 7 o'clock in the evening; she asked for a 2d. loaf—I had not one, and she asked for four halfpenny rolls; I served her and she gave me a shilling—I gave her 10d. change, and she went out—I took up the shilling and was going to put it in the till, but suspecting it I put it away from the other silver—Davis came back in about half an hour, and asked for a quarter of a pound of boiled pork—she gave me a shilling, and I gave her 9d. change—I tried that shilling in the detector and found it was bad—I said, "You have given me a bad shilling"—I put the shilling on the counter, and she took it up and went away; she left the 9d. and the pork—I had bent the shilling—I then examined the shilling that I had put in the till before—I
found it apart from other money—it was bad, and I put it amongst the farthings—my husband came in in about half an hour, and I gave it to him.
RICHARD ALFRED HUXFORD . I am the husband of the last witness. On 12th Oct. I came home about half past 8 o'clock in the evening; my wife called my attention to a shilling; it was bad—I gave it to the policeman, Wilkinson.
JOHN WEST . I keep the Marquis of Granby at Woolwich. on the evening of 12th Oct. Davis came to me for some half and half, between 8 and 9 o'clock; she gave me a bad shilling—I bent it, and I took my pincers and cut a bit out of it; I said, "Where did you get this?" she said, "Out of your tap room;" and I saw Eldridge touch her on the shoulder to go back—I took Davis, and kept her till an officer came—Eldridge came from the tap room—as I took Davis, I pulled her clothes on one side and picked up a handkerchief with 7s. 6d. in it, all bad—I called out for some one to go for a constable—there was one outside, and he came in.
WILLIAM WILKINSON (policeman, R 237). I took the prisoner—I told Eldridge what she was charged with—she said she did not know where she got the money from—she had been drinking—she was not so intoxicated but she could take care of herself—I produce this handkerchief, with 7s. 6d. in bad money in it, which I received from Mr. West, and one shilling from the other witness.
ELDRIDGE— GUILTY . Aged 48.— Confined Twelve Months.
Before Mr. Recorder.
MR. W. J. PAYNE conducted the Prosecution.
WILLIAM JAMES BUDD , I am Inspector of Police in Her Majesty's Dockyard, at Woolwich. The prisoner has been at work in the Dock-yard as Armourer to the Dockyard Battalion; it was his duty to take care of the arms—on 11th Oct he came up the yard, about half past 5 o'clock in the afternoon—I gave directions that he should be stopped and searched—I saw him stoop down as he went into the office—I followed him, and found a piece of copper bolt in his right hand trowsers pocket—it was about 3 lbs. 10 oz., and had the mark of the broad arrow upon it—I put my hand, and felt something in his right hand trowsers pocket—I said, "This is what I want; take it out"—he took out his spectacle case—I then felt, and it was gone—I said, "Where is it?"—I found it in his hand, in his hat—I said, "Where did you get this?"—he said, "It is all right; it was given me by a man to make a soldering iron of"—I said, "What man?"—he said he did not know—I said, "Where does he belong to?"—he said he did not know—he had no right whatever to take this away—after he was given in charge, I searched a drawer belonging to him, in the Armoury—the drawer was locked—I found the key hanging up in the Armoury—I had some little difficulty in finding it, as well as the key of the shop—I found in that drawer, eight pieces of copper bolt, most of them marked with the broad arrow—I asked the prisoner, in the station, what was in that drawer that was locked, in the shop—he said, "Nothing particular"—I said, "Tell me
what is in it"—he said, "A parcel of rubbish"—he then said, "There is a pistol"—I said, "Is there any copper?"—he said, "There may be"—I said, "If there is copper, you must have it in charge"—he said, "No"—I said, "Where did you get it?"—he said, "When a ship is paying off, the men sometimes are very kind, and they sometimes give me pieces"—He had no right to these bolts, nor had any one a right to take them out of the yard.
Prisoner. I told him they had been given me by a man going out.
MR. W. J. PAYNE. Q. Did you search his lodging? A. I sent to search his lodging—a file was found there, with the broad arrow, and I found another file there myself, with the broad arrow—I looked where I saw him stoop down, but I did not find anything, but two days afterward this piece was found close by where he stooped down.
DAVID ROY . I am a clerk in Her Majesty's Dockyard. I know this piece of bolt; it bears the broad arrow; it is part of Government property—it is worth 9d. a pound—this is about 3 1/2 lbs.—the greater part of these other pieces bear the government mark.
Prisoner's Defence. The pieces of copper I decidedly had no right to bring out; a man asked me if I would accommodate him by making a soldering iron, which is one of the most useful articles that is used on board a ship; I said I could not only make him one, but instruct him in using it; this piece was to make a soldering iron for a man who is going out in the Pilcher; I have been forty years in Her Majesty's service, and I would not lose my reputation for a paltry bit of copper, which could not fetch me above a shilling.
GUILTY . Aged 55.— Confined Four Months.
WILLIAM BOOTH . I am a grocer, and live in High-street, Lewisham On 14th Oct. I was in my back parlour—I had been in my shop two or three minutes before—I had seen my till safe the moment before I passed into my back parlour—there was about 14s. in my till, a half sovereign, and some shillings and sixpences—there is a glazed door between the parlour and the shop—I looked through and saw the prisoner lying across the counter—I went out and caught him with a sixpence in each hand, and his right hand was near my till—he asked for some tobacco—I said, "You are after my till"—he said, "No I am not"—I said, "What have you got in your hand? he said, "A sixpence, the only one I have got"—I said, "What have you in the other hand?"—he said, "Nothing"—I took his hand, and there was another sixpence in that—I went round to my till and he ran away—I ran and caught him—he said, "If you will let me go, I will show you where I threw the half sovereign"—he took me to a place where he said he threw it, but it appears there was a man and woman who had been seen to pick up some money.
Prisoner. It was a sixpence that I threw down. Witness. I said, "Where is the half sovereign?"—he said, "I will tell you where I threw the money."
COURT. Q. What time was this? A. About 9 o'clock in the morning.
WILLIAM WILKINSON (policeman, R 235). The prisoner was given into my custody—I told him I must take him for robbing the till—he said he had not—I asked him what made him run away—he said they accused him of robbing the till, and he had thrown a sixpence away, which was all the money he brought with him.
COURT to WILLIAM BOOTH. Q. In what situation did you see him? A. I opened the door softly, and caught him lying over the counter—his chest was on the counter—he was just rising with the two sixpences in his hand.
JURY. Q. When you went, did you see the till open or shut? A. It was partly open—it was shut when I left it—there was a pair of scissors hanging over it, and they were swinging—I said to him, "What have you done with the money? there was a half sovereign,"—he said, "Will you forgive me? I will show you where I threw it."
GUILTY.** Aged 15.— Judgment Respited.
MR. RYLAND conducted the Prosecution.
JAMES FULLJAMES . I live at Greenhithe, in Kent, and know the defendants. Martin is a butcher there—Robert Ware works for Martin, and George jobs about—they are both journeymen butchers. On Saturday afternoon, 3rd Sept., I was standing at the corner of pay house, between 4 and 5 o'clock, which commands a full view of the, river—I saw what appeared to be the carcase of a bullock, which a man, named Edward Taylor, was drawing out of the Thames on to the shore, with a horse, on to dry ground, three or four yards from the river—I went up to the spot in four or five minutes—it was a white bullock, and part of one of the horns was sawn off smooth—I do not what that indicates—the defendants were all three there—the Wares were skinning and dressing it, and Margin was standing by—when they were chopping the horns off, I saw a great deal of matter run from the nose—I thought they were merely getting the hide, and went away—I heard Martin tell them to take care is dressing it, for it was too good for dogs' meat, and that he had sold worse meat than that in his shop—in five or ten minutes I heard a rumour—I went back, and found the defendants still there—I asked Martin if they were dressing it to send to London—to the best of my recollection, he said, "I have nothing to do with it"—I said, "It appears that you have; and if you dress that, and send it to London, I shall write to the Lord Mayor about it"—a man named Robins and the people who were helping him, jeered me a great deal, and told me to do as I liked—I went to the corner of my house, away from the crowd, where I could see what was going on—when the dressing was complete, some cloths were brought from Martin's shop by, I believe, his boy—I saw him come out of the shop with them—I could see the shop and the shore too—the boy took them down to where the beast was, and some skewers too—I saw them hang the beast up by three poles, and chop it down the back to divide it—Martin's cart was then brought, without any horse, and the four pieces, it having been cut into quarters, were put into it, in the cloths—it was dragged by the two Wares and other people past my house to the railway station, Martin following—I went in and got a cup of tea, and then went to the station, and met the two Wares coming back with the cart—I did not see anything in it then—I found the same parcels on the platform at the station as I had seen in the cart—there was no direction on them—I then went to Dartford, to get the Inspector of Nuisances—then I went to the Inspector pf Police, who took me to the Inspector of the Board of Health, who said he could not interfere—on the next day, Sunday, I came up to London, by the half past 1 train—I went
direct to the Mansion House; it was then about 3 o'clock, and the Lord Mayor had just gone to church, in state, it being the Thanksgiving Sunday—I mentioned my business, and was directed to the Smithfield station, and Inspector Teague went with me to find the market beadle—I then went back to Greenhithe, and in the course of the evening saw Martin in the parlour of the White Hart—he asked me if I had been to London—I told him I had, respecting the meat—he said, "We shall do you yet; how will it be if the direction is altered? the telegraph is a good thing that way"—I said, "I understand that you have sent your man up to alter the direction, or to get it sent elsewhere"—he said nothing to that—on the next morning; Monday, I saw George Ware, of Greenhithe, and asked him why he was not going to London, because he had told me on Saturday night that he had sent the meat up on his own account, that he would bear all the responsibility of it, and should go to London, and draw the money for it—he said, "There is time enough yet"—it was then about 8 o'clock in the evening—I saw him again, and said, "You are not gone to London yet, George"—he said, "No, Bob has gone"—I said, "I thought it was yours, that you took the responsibility"—he said, "No, I only said that to mislead you"—I saw Martin and Robert Ware coming from the station, between 6 and 7 o'clock that night—they had both come from London—Martin said, "A great deal of good you have done, going to London, haven't you? we have sold the meat, and got the money for it; you could not stop it after all"—after that I saw Robert Ware coming out of Martin's shop—he said to me, "A great deal of good you have done; we have sold the meat, and got the money;" and then he said to his wife, who was present, "You take care of that sovereign I gave you; I have got some more in my pocket"—I saw Martin again that evening, in the White Hart parlour—he said that the meat was passed by the Inspector of Newgate Market, and he had sold it to a butcher for 15l., and that just as they were closing the bargain, an officer came from the Lord Mayor, and said that some old woman had written to the Lord Mayor, and that he, the officer, would like to see the meat first—Martin also said that he had killed worse meat than that, and sold it in Newgate Market—he also said that I had robbed them of 15l., and that he had been to Mr. Pearson, at Guildhall, to prosecute, and he would spend 50l. before it should be dropped.
Cross-examined by MR. PARRY Q. He meant Mr. Pearson, the City Solicitor? A. No doubt; and by the old woman who went to the Lord Mayor he meant myself, I am sure, for he said, "Mr. Pearson called you an old woman, and everybody called you an old woman for writing about it"—there may have been fifty or sixty people on the shore and the wharf; I did not count them—I do not think that half the place knew it—they only jeered me when I spoke—I did it all for a good motive—Martin said that he had killed thirty bad sheep, worse than that bullock, and sold them in his shop, and I thought that very likely I might have eaten some of them—he did not say that in the presence of the crowd, but at the White Hart; there were other gentlemen present, and he said, when he was cutting up the bullock, that he had killed thirty bad sheep—I am independent, so far as this, that when I see anything done wrong I will interfere with it—I am a baker—I have got a shop, but I do not use it—I assist Mr. Wheatly every morning to get his bread in—I do not keep my shop shut up; I take the shutters down every morning, and there are some very handsome flowers in the window—not baker's flour, but gardener's—I wish I had been something in the legal way—I have been high constable of the upper half hundred of Axton—that is more than
twelve years ago—I was discharged from that, not for doing wrong, but something perfectly right—they appoint a high constable every year if they like; they do not discharge any of them, but they appoint another in their room—they did not discharge me—no complaint, that I know of, was made against me—there was a complaint of my appropriating money, but I was honourably acquitted without the Chairman summing up—it was only made by four parishes—there are five parishes that might have complained, but the fifth could not, because they did not pay me the money; if they had, they would hare complained the same as the others did—I do not consider there to have been any complaint against me, as it was done out of spite—I was not imprisoned at all for it—I have been imprisoned for contempt of Court and for debt too.
MR. RYLAND. Q. The jury acquitted you without the Chairman summing up? A. Yes—I have been something worse than jeered; I have been knocked down; stones have been thrown at my windows, which broke the tiles, and I have been threatened besides; and if my learned friend (Mr. Parry) can put anybody in the witness-box against me, I shall be glad to see him—I was born at Greenhithe, in the house I live in now.
JAMES BIRCHLEY . I am in the employ of Mr. Forrester, a coal-merchant, of Greenhithe, and have been so twenty-six years. On Saturday afternoon, the last day of September, I saw the dead body of an animal drawn out of the river on to the shore—I saw the defendants there—Robert and George Ware cut the fore feet off and Robert Ware cut the bullock's throat—I cannot say what quantity of blood came, but there was no living blood; it was black as far as I could see—the skin was taken about half off, while I was there—I saw Robert Ware cut part of the skull off—Martin was there, and said he would have it taken down to the slaughter house, dressed, and sent to London, and be would give them a note where to send it to—I said, "Martin, I will not have any more beef steaks out of your shop;" but that was only a joke, and I went away to my employment—I saw Mr. Fulljames there—I was there perhaps half an hour—Martin was there all the time I was there.
Cross-examined. Q. You said that in joke? A. Yes; I do not know whether Martin was in joke—there were a great many people about, a large crowd—this white ox excited a great deal of attention.
JOHN DAVIS . I am a boatman and waterman at Greenhithe. On Saturday, the last day of September, between 11 and 12 o'clock, I saw a bullock in the river—I was afloat close to it, and laid hold of it and fastened it to a buoy—it was a white one, and apparently dead—part of one of the horns was sawn off, apparently—I did not then know what that meant—in the afternoon I went out again to the buoy and brought the animal ashore—I then went to Ware, the butcher, and asked him to come and see if we could get something for the skin and fat, and I thought we might get something for the flesh for dogs—I went up to Mr. Humphreys, and asked a man to come and look at it, and when I came back, Robert Ware said that he would take it upon himself, and give me something for my trouble.
Cross-examined. Q. All that took place was between George and Robert Ware? A. Yes—I know them very well, Martin had nothing to do with it—he is a very respectable man, and has carried on the business of a butcher for a long time—I do not think that George Ware had anything to do with it—in the first instance they agreed to pay him to cut it up—he is a journey-man butcher—Robert ultimately took possession of it—my dealing was with him, and he told me that he was going to send it up by railway—he
did not say what for—he said, "You send it to me and I shall send it to London; let me have it on my own account "—I trusted to him to pay me something when he sold it.
JOHN BLAIR . I am a seaman, belonging to the ship Tiger; she belongs to the General Steam Navigation Company—on 30th Sept. we had come from Tonnen, in Germany, and were in the river Thames—we had nothing but live cattle on board—we had very rough weather, and four of them were suffocated in the hold, and were thrown overboard about half a mile above Greenhithe, between 10 and 11 o'clock—before they were thrown over, part of one horn was sawn off by the ship's carpenter, to take back for the satisfaction of the merchant.
Cross-examined. Q. Do you mean that they were smothered? A. Yes; by being stowed away so tight—they were very fine cattle—this happened through the roughness of the weather, and the cattle being so thick—we have had a rougher passage since, but have not thrown cattle over, either before or since—they were dead; we do not throw them overboard alive unless we are at sea—I should not mind throwing a live bullock overboard to save our lives.
JOHN RASTIN . I am station-master of the North Kent Railway at Greenhithe—I know Ware—on Saturday evening, 30th Sept he came there with four quarters of beef, packed in cloths, and told me that they were going to Mr. Webb, of Newgate-market—they were for the goods train, which was going up that evening—there was no direction on them; he said that the direction would be brought—he went away, and some time afterwards George brought the direction, and tied it on—after he was gone I looked at it; it was, "Mr. Webb, Newgate-market "—on the same evening, Robert came again, and asked me what there was to pay for the meat; I told him 2s., and he paid me—I asked him who was the sender, Martin or himself; he said, "Myself"—I asked that, because the name is always entered; there is a column for the purpose—I marked Ware as the sender, and Webb as the consignee—the meat would be forwarded by the next goods train; but I do not think that it would be delivered till Monday morning.
Cross-examined. Q. Does it lay at the Bricklayer's Arms all Sunday? A. Yes; Robert Ware said that he sent it up, and not Martin—I have seen Ware killing pigs—there was blood on the platform after the meat was gone—there was nothing offensive about the meat, to me—I never heard anything against the Wares—Martin bears the character of a respectable trade man—I did not see him in this transaction.
JOHN LUDLOW . I am a carman in the service of the South Eastern Railway Company, employed at the Bricklayer's Arms station—on Monday morning, 2nd Oct., I took four quarters of beef to Mr. Webb, of Newgate-market, where they were addressed—I saw Mr. Webb's foreman—he did not refuse to take in the meat; he told me to pitch them on the block—this was about seven o'clock—the market opens long before that—Mr. Pocklington was at the shop while I was carrying it in—he was losing at it while I was there—he did not condemn it while I was there—about 11 o'clock I came back and applied to Mr. Webb, or his foreman, to sign the book as having received it; but they said that the meat was seized, and they should not do so—it is my duty to take a book and get it signed, with all goods excepting meat, when we do not take a book in the morning, but about 11 o'clock—that is a regular way with all the railways.
—on Monday morning, 2nd Oct., I went to my work as early as half past 4 o'clock, and found Robert Ware waiting outside—he asked me if I was not Mr. Webb—I said No, that I was his foreman—he said that he had a body of beef for me—I asked him what sort of one it was—he said that when he packed it at Greenhithe, it was sweet, but whether it was sweet or not now he did not know; and I was not to sell it for human food unless Mr. Pocklington thought that it was fit for human food—I asked him what sort of one it was—he told me that it had jumped overboard, and if Mr. Pocklington did not think it was fit for human food, I was to send it to the boilers, and it was to be boiled for fat—he waited a good while—Mr. Pocklington had been, and asked me if the meat had come—it had not—he came again, and followed it in—he examined it, and I asked him whether it was sweet, which it was my place to do—he said, that the fore quarters were sweet, but the hind quarters stunk—I asked him to let me send it to the boiler's; he said, "No, I must take it"—he is inspector of the market—a bullock of 120 stone is such a thing as we do not see once in six months—it was very fine, with two inches of fat upon it—Robert Ware told me that the fat fetched 3s. 5d. a stone—it was not dressed as bullocks usually are; it was mangled, chopped down very badly—they could not chop a bullock of that weight, in a field—if it had been sweet it would have been worth 28l. or 30l.—it was worth 6l. 10s. to boil down for fat, to grease railway engines—I know Martin; he is a very respectable butcher—he has sent meat twice; once was about twelve months ago—Robert Ware never sent anything before.
Cross-examined. Q. Did Ware tell you that he had calculated how much fat the bullock would make? A. Yes, 15 stone at 3s. 5d. a stone—the hide was worth 19s.
COURT. Q. What would the bullock be worth, not for human food, hide and horns, and all? A. Altogether it was worth 9l. or 10l.—Mr. Pocklington inspects the meat every morning; sometimes he rejects meat—it sometimes is sent up from the country fresh and sweet, and gets tainted on the passage, especially on Monday mornings, when it has been sent off on Saturday—the blood dripping from it after it is cut up, has nothing to do with its being fresh.
ROBERT POCKLINGTON . I am one of the inspectors of meat at New-gate-market. On Monday morning, 2nd Oct" about hall-past 6 o'clock, I went to Mr. Webb's, and saw two fore quarters hanging up, and two hind quarters lying down—I examined them—they were in a very bad state, stinking, and not fit for human food—I said, "This meat has been smothered on board; it has not been killed at all in any shape whatever"—I had heard from the Lord Mayor that there was a beast coming up from Green-hithe, but I knew from the appearance of this that it had been smothered; I will be blindfolded and tell you, without seeing the lungs or any part of it—this had been trampled upon and bruised.
Q. What is the sign on the haunch of a bullock, which shows that it has been smothered, supposing it not to have been trampled upon? A. It would look very wet and damp—seeing the state that this meat was in at 7 o'clock on Monday morning, it could not have been in a perfectly sweet condition on Saturday evening.
Cross-examined. Have you not known fresh meat to turn green in twelve hours? A. Yes, from thunder and lightning; from lightning in particular it will turn green in six hours—fresh meat will not turn green in twelve hours by the action of heat alone, without thunder or lightning—it was
rather muggy weather, and the meat would not improve by lying at the Bricklayer's Arms from Saturday night to Monday morning—it is my duty to visit the market at 5 o'clock or a quarter past, and I am sorry to say that I have taken away 136 quarters of beef in the last six weeks, with the lung disease, and mutton as well.
MR. RYLAND. Q. Was Mr. Fisher with you that morning? A. I saw him afterwards, took him to it, and showed it to him.
COURT. Q. I suppose in an animal which had died from suffocation, the flesh would be more likely to get bad than another? A. Yes, became the blood is not drawn from it, and still more if it was trampled on—if a man does not mind a beef steak being tough, it would be bad on account of the animal having been suffocated, and it is likely to mortify in a very short time—if you cut beef steaks, like the savages do, out of the rump as soon as the animal is dead, it is quite unfit for human food—I should say that it is unfit at any time, if the animal dies from suffocation—if a bullock jumps overboard and is drowned in getting to shore, I should not be afraid to eat it.
NOT GUILTY .
Before Mr. Recorder.
MR. PARRY conducted the Prosecution.
(The summons and plaint were put in. The summons was dated 20th June, 1854, and the claim stated was 8l. 18s. 8d., for 1 quarter's rent (and costs), due Lady day, 1854, for the house, No. 14 Prince's-road, Kennington.)
AARON WILLES GAY . I am an attorney, practising occasionally in the County Court, at Lambeth. I was instructed by Mr. Couling to appear for him in this action—I was instructed on the same day, when he came into Court—I remember Mrs. Henley being sworn, and this document being put into her hand—after she had made her statement, I cross-examined her—I asked her whether that was the signature of the deceased, George Bennett—I think I put another paper over part of it, or doubled it over, so as only to show the signature and the figures, 6l. 10s.—I did not let her see the body of the document on the first occasion—she said she did not think or believe that it was his signature—I believe she said she believed it was not—I then showed her the whole of the document, reminded her that she was upon her oath, and I asked her whether she would positively undertake to swear that it was not his handwriting—she said, "I will"—the Judge also, I believe, at the time cautioned her, and said he should take a note of her evidence—he appeared to write, and I believe he did—I asked her whether she had seen the deceased write, and she said she had, frequently—I then asked her whether she would undertake to swear whether she knew whose handwriting that was, still keeping the receipt before her—she said she could not—I asked her whether it was like the deceased George Bennett's—she said it was not—I then asked her whether she had heard from the deceased that Couling, the then defendant, had paid the 5l. at that time—she said
she had not, and she was sure he had not paid 5l., or she had called on him, and he had promised to pay her—I then asked her whether she was present with the deceased when he had borrowed 5s., on a Saturday night, stating that it was for the purpose of getting a joint of meat—she said she did not remember it, and she was sure he never had it—I pressed her upon that, and believe that was the last question I put, and she still denied all knowledge of it—the question I asked her was, whether she would persist in swearing that she was not with him on the Saturday night when he had the 5s. to purchase the joint of meat, and she said, "I will"—I believe the date of borrowing the 5s. was mentioned—I have no memorandum of my questions—several documents were handed to the Judge in the course of the case, and I believe these now produced are the same—they were impounded by order of the Judge.
Cross-examined by MR. BALLANTINE. Q. The receipt which was produced by you was impounded? A. I believe it was; yes, it was, I have no doubt about it, now I am reminded—I had no doubt before—what made me hesitate in saying so was, that of course I did not see the documents that were impounded; they were some distance from me—I might, and I believe I did, object to the impounding it—I did not suggest that it was very much like charging my client with forgery—I simply objected because my client was entitled to move for a new trial, with a view to his having access to them; it was more for matter of arrangement with the Court for that purpose—I did not say a word about forgery—I will undertake to swear to the words used by the defendant, although I did not take them down—to the best of my memory I have given accurately the words she used—I will undertake to pledge my oath that I have—I have not knowingly made a mistake in a single expression—I believe I could swear I have not; I will swear it—if you mean by "an expression" a single word, of course I will not undertake to say that—I produced the receipt, and put it into her hands—I either doubled it up or put another piece of paper over it—she saw the signature and the 6l. 10s., and then she said she did not believe it was Mr. Bennett's handwriting—that was her exact answer; I remember that she gave very precise answers—her words were, "I believe it is not his handwriting"—I said at first it was either "think or believe"—I am sure it was not "think"—I have been refreshing my memory since I have been in the witness box—I am now sure that the word was, "believe"—I then exhibited the whole of the document to her, and said, "Mind, now you are upon your oath; do you positively swear, or persist in swearing, that that is not the deceased, Bennett's, handwriting?"—that was the first question I put to her after showing her the whole of the document—the words I used were, "Mind, you are on your oath; will you positively persist in swearing that that is not the handwriting of George Bennett, the deceased?" and her reply was, "I will"—I am quite sure of that—the whole of the upper part of the paper is admitted to be in the handwriting of Couling; I believe it is his handwriting, but I do not know; I did not see him write it—I do not remember that I heard him swear it was his; I do not think he did; I do not think he was asked the question.
Q. But he told you this was his handwriting, did he not; before you cross-examined my client about it; I suppose you learnt whose handwriting this receipt in reality was? A. I put my question as to the signature; I think the other part is in Couling's handwriting; I think he told me so—I believe he told me so—I do not know it—I do not remember that he did tell me—I have no doubt that it is his handwriting—I have a doubt
whether he told me so—I do not know whose writing the 6l. 10s. is at the bottom—I have no belief about that—I do not believe that Mr. Couling told me whose it was—I simply cross-examined as to the signature of George Bennett—I called Couling as a witness, and put this into his hands—I did not hear him swear that this 6l. 10s. was in his handwriting—now I come to refresh my memory, I think he did swear that the body of the receipt was his handwriting—I am now quite certain that it is his writing—of course I believed him—I then asked the defendant, "Have you not heard from the deceased that Couling paid the 5l.?"—she said, "I have not;" she said nothing more than that—I then asked her whether she was not present when the deceased, Bennett, borrowed 5s. for the purpose of getting a joint of meat on the Saturday night; she said she was not, and she was sure he never had it—I will pledge myself to the accuracy of the words as nearly as possible—the words I used to her were, "Do you remember being present when the deceased, Bennett, borrowed 5s. of Couling, for the purpose of getting a joint of meat on a Saturday night?" and her answer was, "I do not; and he never had it"—I am an attorney—I am not certificated this year—I decline to answer the question whether I was practising in the County Court without a certificate.
MR. PARRY. Q. Had you taken out your certificate for the previous year? A. Yes.
MR. BALLANTINE. Q. For the previous year? A. The previous year I was in a situation as managing clerk.
MR. PARRY. Q. Do you know whether clerks are permitted to practice in the County Court besides solicitors? A. Yes, they are, and also as agents—I was practising there as others do, who are permitted by the Judge so to practise—I am admitted on the rolls, and have been on the rolls eleven years—I have taken out my certificate—I have got my last certificate here—I was on the rolls of all the Courts, Chancery and all—I have been in a situation since the last certificate; it includes 1851—I had taken out my certificate up to 1851; since then, I have been a managing clerk in two situations—I have not taken out my certificate this year; I shall next year—if it is taken out, there is a payment of duty to the Government, and that is a question—Mr. Brown did not act as advocate for the defendant; a gentleman named Barnett acted as advocate—I believe Mr. Brown was there at the time—he might have taken notes of what passed; he had an opportunity of doing so—if I have stated anything incorrectly, I should say he would be able to contradict me—after the trial was over, my attention was particularly called to the matter connected with the receipt, and also to the subject of the 5s. advanced—I did not receive instructions to apply for a new trial; Mr. Couling said he should go to his regular attorney, Mr. Bickley—I did not make any affidavit upon the subject of the new trial—I gave evidence before the Grand Jury—I believe I have stated in substance what the defendant swore at the County Court in reference to the two matters in question.
COURT. Q. According to the practice of the County Court, do they entertain a sett off without a notice? A. It depends upon the peculiar circumstances of the case, whether or not the Judge would think justice done—a plea of payment is allowed without notice—the defendant was sueing as executrix.
THOMAS COULING . I was defendant in this action in the County Court. I am an omnibus proprietor, and reside in Prince's-road, Kennington—I took the house that I reside in of the late Mr. George Bennett—I was to pay
33l. per annum rent—I had to repair, and did repair; I laid out 150l.—I paid Mr. Bennett rent from time to time—I received the whole of these receipts from him—before 20th Feb. last I had frequently paid Mr. Bennett money in advance of his rent; it was all paid before I had the receipts—I have frequently advanced sums to him—I have stated that I frequently paid him money in advance of my rent—I did not charge him interest—it was about six weeks or a month in advance; he would draw a few shillings perhaps—I saw Mr. Bennett on 18th Feb. last; he asked me to lend him 5l. on account of the rent which would be due in about three weeks or a month's time: that would be my March rent—I told him it was Saturday night, I had men to pay, but if he would call on Monday I, would oblige him; he did call on the Monday, and I advanced him the 5l.—I told him that I had paid him 30s. for some iron hurdles that I had bought to go round the front of the house—he had called for the money either at the latter end of Jan. or the beginning of Feb., and I asked him to give me a receipt for 6l. 10s., if I gave him 5l., including the hurdles, as I had no receipt for that—Mr. Sharland was present when I paid him for the hurdles—I lent him the 5l. and had a receipt from him for 6l. 10s., the body of this receipt is in my handwriting; he requested me to write, and said he would sign it—my wife was present—she certainly was in the parlour at the time, but I had totally forgotten that, at the time I was at the County Court—the body of this receipt is in my handwriting, by Mr. Bennett's request—I produced the paper; it was a bit on my desk, and I handed it to him to write; he wished we to do it; I did so, and he sighed it.
Q. I observe that the receipt is in a different ink, or rather the "George Bennett, 6l. 10s." is in a different ink to the upper part of the receipt; is it in your power to explain that in any way? A. I have two conductors, my sons, and they are in the habit of going into my room to make out their bills at night when they come in, and I invariably keep two or three ink stands and pens in my room, and I offered to forfeit 20l. if the County Court Judge would send one of the officers to my place, and did not discover that fact at the time; I do not know whether Bennett did write with a different pen to me or not—I was sitting in my chair with my back to the fireplace, and after writing it I threw the pen down, and whether he took up the same or not I cannot say—I know the defendant Mrs. Henley—I knew her by the name of Henley—I had no reason to believe, before I went to the County Court, that these first receipts were not the writing of Mr. Bennett; I supposed they were—I took them, and handed them to the Judge—Mr. Bennett always brought them ready written—I never, to my knowledge, saw Mr. Bennett after he had the 5l.—I remember a transaction about 5s.—that must have been after the 5l.; perhaps five or six days after—I met him as I was coming from my house; the defendant was with him; it was on a Saturday night, I think the 24th or 25th Feb.—he said he was going to my house to see how I was getting on—I said, "I am just going over to the Elephant and Castle," and he walked with me and the defendant; and as he passed a butcher's shop, he said he should like a joint of meat, but he had not got any money—she was with him at the time—I said if 5s. would get a joint of meat, he could have it—he thanked me, and said it would, and I paid the 5s. in the presence of that person (the defendant)—this was in Feb.; I think the 25th or 26tb; it was on the Saturday following the Monday that he had the 5l.—he did not buy the joint of meat in my presence—I thought he was going immediately to buy it at the butcher's shop, but he said he could do bettor at Clapham,
near his own house—I was not present when he bought the meat; whether he bought it or no, I do not know—I had several times advanced him a sum as small as that before; that was before the rent came due, and sometimes after.
COURT. Q. What advantages were you to get by advancing the money before it was due? A. It was in consequence of his not pressing me at the commencement of my lease, when I had got five men at work—I agreed to pay a quarter's rent that was owing by the man that left the premises, in order to get possession—I was six weeks before I moved any goods, in doing the repairs—Mr. Bennett called upon me for the quarter's rent; I said; "Do not press me now, I am laying the money out upon the premises to get my horses in; if you want your rent a month beforehand, or any part of it, you may have it;" and that I take it was the cause why he came to me as he did—I went into the premises at the half quarter, in July, 1853; I had possession before that, but I moved my horses in then.
MR. PARRY. Q. After this affair of the 5s., did you at all see Mr. Bennett again? A. I never saw him after that—he died on 18th April—he did not, between 25th March and 18th April, make any application to me for the balance of the rent that was due—after his death, Mr. Lyons, the broker, applied to me for the rent on behalf of Miss Henley; that was somewhere about the latter end of June—I showed him the receipt, and offered to pay the balance—Miss Henley herself applied to me; I think it must have been five or six days afterwards, it must have been at the latter end of April—she said she had called for the rent; she had understood from the broker that I had a receipt, and she should like to see it; she knew Mr. Bennett's handwriting—I said, "Very well, I will show it to you; I have left 3l., the balance of the quarter's rent, several days for you; but I have been called on by Mr. Grove, for two years' property taxes, 1l. 18s. 6d."—I produced the receipts to her, together with the receipts for the hurdles, and the receipt for the 5l. which Mr. Bennett had had of me—the balance of the rent, deducting the taxes, was 1l. 1s. 6d., putting the 5s. out of the question—I produced to her the same receipts that I had produced to the broker—she said she knew Mr. Bennett's handwriting, but she knew nothing about the 5l.—I produced this receipt to her, and she looked at it for some time; the date of it is 20th Feb.—I then said to her, "Then possibly if you know nothing about that, you know nothing about the 5s. I lent Mr. Bennett, in your presence, to buy the meat;" and her reply was, "Oh, yes! I know that"—(I had particularly requested Mr. Lyons to ask her that, when he called for the rent)—that was all that passed with her—she said she should not take the balance then, that I should hear from her again—I offered her the balance, 1l. 1s. 6d.—that was not including the 30s. for the hurdles; that was a different transaction—Mr. Bennett had told me that he had got some hurdles which would just suit the front of my place, and I agreed to give him 30s. for them, and half a crown for the cartage, and I paid him that 30s. in the presence of Sharland—I never saw Miss Henley any more until the summons came—I was present in the County Court when she was examined—I saw the receipt put into her hands, and heard her asked questions about the handwriting of George Bennett—after looking at it some time, she said she did not believe that it was his—I stood behind my solicitor, and I said, "Ask her positively, she is on her oath;" and he did so, by my direction—I think, to the best of my recollection, he said, "Your believing is out of the question: you are upon your oath; do you swear it is not?" and she said, I do"—I told my solicitor to be particular in asking her if she
recollected anything about my giving Mr. Bennett 5s. in her presence, to buy a joint of meat—by my direction he put that question to her, and she said, "No"—he then said, "Do you swear that also?" and she said, "Yes, I do"—I think his words were, "Do you positively swear that also?" and she said, "I do"—nothing more was said about the 5s.—it was when she called at my house for the rent, that I told her about the 5s.; that was at the latter end of April.
Cross-examined. Q. You paid 1l. 6s. 6d. into Court, did you not? A. I did—I did that because I had no receipt, and from her summoning me for 8l. 5s.—after seeing Mr. Bennett's receipt, I thought she would deny the 5s., because I had no receipt—I went into the house in July, but I had to pay a quarter's rent previous to June, because the house was locked up, and the man had gone away, leaving a quarter's rent due—I paid it; it might be six weeks after—I was much better off in Feb., and was able to advance the 5l. to my landlord—I would always do so if I had it—I was prudent enough to take a receipt—I have three ink bottles at my place; there may have been different sorts of ink in them; that I think would account for the different colour of the ink—I bought two bottles the other day, and tried them both—I think that I used one bottle, and he the other—there are three or four pens—I took the paper on which the receipt was written, from the desk; it was lying there when I went in with Mr. Bennett—I did not tear it from any other piece of paper—I took it up and wrote a receipt on it; there was no stamp on it when I took it up; I put it on before I wrote it—I did not make a third line of the receipt, instead of over it, because I have heard that you must disfigure the-stamp—that is the reason I put the date on it—I did it on purpose—I understood that I was bound to do so—I never wrote any receipt for Mr. Bennett before—I believe that there will be plenty of proof that he was a very good writer—I wished him to write the receipt, but when I came to inquire, I found he was in the habit of doing it with tenants and ail manner of persons—I did not begin with the date, I put the date on as I wrote it.
Q. Just look at it; did you put the date after you had written the remainder of the receipt, or not? A. I think I put it after I wrote the words, "Rent due, March—1l. 10s., for hurdles;" and then I think I put "Feb. 20."
Q. Do not you see that "11l. 10s. for hurdles," is written over the stamp? A. It is written along the line; I thought it would be quite proper to put the date on the stamp—I saw the attorney hand this paper to Mrs. Henley; he doubled it down in my presence—I applied for anew trial, but did not get it—I produced an affidavit of my wife, and one of my own also—on the trial I swore that, to the best of my belief, I could not recollect that anybody was present when the 5l. was paid, and that I did not believe that anybody was present when Bennett signed the receipt—my wife is here now—having failed in obtaining a new trial, I paid the money—an execution was put in on my goods, but I paid it—I never declared that the goods belonged to somebody else—I did represent that part of them belonged to Mr. Rutland; I thought you asked me about the whole of the goods—it was not with a view to prevent their being seized in discharge of this claim, certainly not; I have got 200l. worth of property on the premises independent of that—I mean to represent that Mr. Rutland did not claim the whole of the property on my premises—there was an interpleader action, and the case was to come on for trial at the County Court—it was not until then that the money was paid in by Mr. Rutland—Mr. Collier saw Mr. Rutland for Mr.
Bickley, as his attorney—Mr. Bickley is my attorney now; Mr. Collier is his clerk—I do not know whether Mr. Rutland had claimed too much the officer will know that—they were not seized for Mr. Rutland, but I owed him 60l., which I had borrowed of him five years ago, to furnish a house which I had taken in the Brixton-road—I do not know whether Mr. Rutland would have taken such a little as 5l.; he was good enough to be my referee to Mr. Bennett—I have got 200l. worth of property to pay it.
Q. Then why was my client obliged to go to the Court? why did not you pay it? A. Because I thought it was an illegal thing, and I did not wish to pay it without being forced—the seizure did not satisfy me that this woman's claim was right—I paid 30s. in silver for the hurdles; I paid it all at the same time, in a public house called the Black Prince; I think it must have been in the beginning of Feb., about the 6th or 7th—I had the hurdles about a week before; I do not mean Feb. in this year; it must have been in Dec. last year; I swear that—I paid them within a week of having them; I paid for them in Dec. last year, if I had them last year—it must have been Feb. 1854, that I had them—I will swear that it was not Feb 1853, and that I did not have them in Dec. 1852; it was after I had taken possession of the house, which I had not done at that date—I paid for them about the 7th or 8th Feb., and took no receipt—I paid for them all at the same time—I have had no other bill of sale existing; I am sure about that—I have had one distress in my house before; it was from Mr. Crockley, a hay salesman for 5l., and I proved that the clover was thrown on the dung hill—the order was given to pay the money at a certain time, and I paid it; there was no execution there—it is ten or twelve months ago—no little inconveniences have arisen on the subject of the poor's rates, nor has any execution been put in for any rates whatever—I have lived in the parish forty years, and there is not a rate collector but would take my word.
MR. PARRY. Q. How long have you been a householder in the parish? A. Forty years on and off; during that time I have never had any distress for rates or taxes—I set up a defence that the clover was bad, but I had not given notice, owing to the neglect, of a horse keeper; the Judge would not allow any costs, because he said I was loser enough—the execution which I resisted was put in by the woman at the bar; it was her claim as executrix of the late George Bennett, and I resisted it in every way I could, considering it illegal—here is the receipt for tithes, which I have been called upon to pay—Mr. Rutland has advanced me money.
Q. Has he got a bill of sale on some, of your property? A. I sold them to him—a portion of his property was seized under this execution; that is what I declared to be Mr. Rutland's property—I did not declare my own property to be anybody else's, to avoid a debt—I acted under legal advice in resisting this execution, and found that I bad to pay for it pretty highly, and for this prosecution also, and all out of my own pocket—the debt to Mr. Rutland was 60l.—I have 200l. worth of property; I have two omni-buses, and twenty horses—it was the household furniture that I assigned to Mr. Rutland, but only about half of it—I did not know Mr. Bennett in 1852—the payment for the hurdles, was made before the 5l. was advanced—the payment of the hurdles at the Black Prince was made in the presence of a person named Sharland—excepting the execution I have mentioned, and the 5l. which I defended, no claims for money has been made upon me—I have been twenty years an omnibus proprietor.
COURT. Q. How was it, if you had all the property on your premises, that Mr. Rutland had to pay this debt? A. It was put in his name, and
he paid the money; he was the claimant—he did not claim the whole of my property, only such things as were seized—I thought that the woman had acted badly, and I did not feel anxious to pay Mr. Bennett.
Q. Was there any reason to put Mr. Rutland to inconvenience in having his things taken? A. I was not at home when the men came—I came into the premises in July (looking at a receipt)—I had to pay back rent—this receipt is for rent due in March—I was there six weeks before I paid any rent—there was half a years rent due in June—I paid in June the rent due at March; I paid it before I went into the premises—I have been in the habit of advancing money to Mr. Bennett since I have got the place repaired—I have gone to people two or three miles off, to stop executions being put into his place—this receipt is for rent due up to Christmas; 1853—Mr. Bennett has been obliged to press me for payment—up to this time I had not been in the habit of paying my rent in advance—I have a niece of the name of Thyrza Knight, and when I came home from the County Court, at the end of April, she said, "Uncle, I heard her admit about the 5s."—she did not go with me to the County Court, but the second time; when I moved for the new trial, she was present, and when I came home she said, "Uncle, I heard her acknowledge about the 5s."
SUSANNAH COULING . I am the wife of the last witness. On 20th Feb. I was present when he paid 5l. to Mr. George Bennett—I was ill at the time, and was sitting on the sofa—I took no part in the payment, but I saw the money paid by my husband to Mr. Bennett—I distinctly saw Bennett write something, and I saw the paper after it was written.
Cross-examined. Q. Who showed it to you after it was written? A. I took it from the desk, when Mr. Bennett left, and I took it up in hid presence—he and my husband went out together, leaving it on the desk, and I put it on the file, as I always do—Mr. Bennett talked to me as I sat on the sofa—I was lying on the sofa, but when Mr. Bennett came into the room I got up, and sat—my husband was in the room when Mr. Bennett came—I had been tinder Dr. Golding Bird, and when Bennett came my husband was with me—I was too ill to know how long my husband had been with me; not the whole morning, he was in his business—I do not believe my husband was in the room before he came in with Mr. Bennett; they came in together—my husband had been sitting with me, but he went out, and Mr. Bennett came to the door; he answered the door—he might have been sitting with me when Mr. Bennett knocked, but I will not undertake to say—I do not know whether I heard Mr. Bennett knock, or whether my husband was with me when he knocked; I was too ill to attend to these little matters—I think my husband left the room to open the door, but I cannot say—he might have been sitting with me, but I cannot remember; he was so frequently in and out, from the house being so attached to the stables, that he knight have or might not have been—to the best of my knowledge he opened the door—my niece, Thyrza Knight, was in the kitchen, I suppose—she did not come into the room at all—I was so very ill at the time that I cannot recollect many things, but I recollect taking the receipt from the desk and putting it on the file—I cannot say whether my husband was in the room with me before Mr. Bennett came, for I had come down from my bedroom—I cannot remember whether he was there or not—I heard a knock at the door; whether it was Mr. Bennett's knock or not I cannot say, but he came into the room after I fancied that I heard a knock—I did hear a knock, but Mr. Bennett has often knocked, and gone round to the side door—he was a very troublesome customer; he
wanted to get paid before it was due a great many times, and one time he succeeded—I cannot say how soon after the knock Bennett came in; I was too ill to know anything—he would walk into the stable as though the place was his own—when Bennett came in, the first thing he said was, "Now I hope you will not disappoint me; you will let me have this 5l."—my husband said, "It is all right, Bennett; here it is"—there were four sovereigns and 1l. in silver—it came out of my husband's pocket—I saw that distinctly, because I thought it was very foolish of my husband to pay money on account, and I said so to him the very same evening, when he came home—of course he knew that I saw it paid—the file was in a cupboard—I was well enough to get up and put this receipt on the file.
MR. PARRY. Q. Your husband, I believe, went out with Mr. Bennett? A. To the best of my knowledge he did—it was in the evening—he came back in the evening, and I had then gone up to bed, and he came up and saw me—I never gave it a thought to go to the County Court the first time, as Mr. Couling had got the receipt—I recollect my husband returning from the County Court; he told me the result—I have children—my niece has been living with us twelve months last June.
THYRZA KNIGHT . I am a niece of the last witness—I remember my uncle coming home from the County Court—I do not know how long ago it was; I think it is more than a month—I know the defendant by sight, and remember her coming to my uncle about some rent two months ago or more—I heard my uncle say to her, "As you do not remember the 5l., perhaps you remember the 5s. I lent Mr. Bennett in your presence?"—she said, "Oh yes, I remember the 5s. that you let Mr. Bennett have"—I saw nothing done by my uncle—I saw no paper at all—I was in an adjoining parlour dusting it—I was not present in the room—I first called my uncle's attention to having heard that, after he came from the County Court and spoke to my aunt.
GEORGE LYONS . I am an auctioneer and house agent. About May 6th, I went to Mr. Couling's for some rent at the request of the defendant—I could not see him, as he was not within—I called twice after that, and did not see him—on the last Thursday in May, I think it was, I received a message from him, and saw him on the Saturday morning about the receipt—he showed me four receipts, and among them one for 5l. of the last quarter's rent (produced)—I said I would communicate with Miss Henley—he said that the late Mr. Bennett had borrowed 5s. of him—he did not say when—I afterwards spoke to Miss Henley, and said that Mr. Bennett had received 5s.—she said she believed that he had received it, or that he had borrowed 5s.—she did not say how, or when, or what for.
Cross-examined. Q. You did not get the goods at last? A. No—I had a warrant signed for an execution on this man's premises, but I did not make use of it—I know of others.
MR. PARRY. Q. Of your own personal knowledge? A. Yes, and have levied them too.
THOMAS BENNETT . I am a brother of George Bennett, who died in April last—I know his writing; nobody can deceive me in it—I will swear to this being his writing (produced)—I knew the defendant when she lived with him as shopwoman in George-street—I cannot say how long she did so, but alter Miss Bicknell left she went there—I know her writing, and should say that these three receipts were hers, signatures and all—I have seen one of them before, but not the others.
Cross-examined. Q. How came you to see that before? A. I think the lawyer's clerk showed it to me over at my house in Mile-end; I cannot say when; it was not a week ago—he brought it when I was served with the subpoena—I mean to swear that these figures, "6l. 10s.," are my brother's; I have no doubt on earth of it; I cannot be mistaken—any writing of his that you show me I can tell you—it is twelve years ago since, I saw any of his writing—I cannot tell what his age was when he, died; I have got it in the Bible at home—I am over fifty-eight; he was younger, than me—there were a great many differences between us; I got hold of a house, and kept it, and I was told that I was a forger by Caroline Henley—that was on the Saturday before I buried my brother on the Tuesday, and I consider it false; she cannot prove me as a forger.
MR. PARRY. Q. Do I understand you to say that it is twelve years since you saw your brother write? A. We had a little fall out together, and I had not seen him for full twelve years.
COURT. Q. What is it that makes you so confident of his writing? A. From having been so much with him doing his books; it is the formation of the "G," which he mostly twisted over "tt" at the bottom—it is the form of the letters.
Q. Just look at these two and tell me whether the form of the letters is the same; can you point out any letter which you say is different? A. No; but in my judgment they are not the same—it is not round enough for his writing; the "B" is not the same shape, nor is the "e:" the "nn" are not the same, one is rounder than he other; I should call this "nn" a little peaked; he mostly wrote his name in full or else "Geo."
CHARLES MARSHALL . I live at No. 15, Prince-square, Kennington. I knew Mr. George Bennett; I was a tenant of his—I have seen the defendant on several occasions, and know her writing as distinguished from Mr. Bennett's—I believe the signature to this receipt and the figures 6l. 10s. to be Mr. Bennett's writing—I believe each of these receipts (looking at them) to be in Miss Henley's writing—I knew her as the housekeeper of the late George Bennett.
JOSEPH WESTLEY . I am a cow keeper, of White Hart-street, Kennington. I knew the late George Bennett; I am a tenant of his—I know his writing; I have seen it numbers of times—I believe this receipt, signed in full, to be his writing, and also the figures, 6l. 10s.—I was a tenant of his ten or eleven years—I have seen the defendant's writing.
Cross-examined. Q. Did Mr. Bennett usually sign the whole of his Christian name? A. Generally—I have no doubt, that this is his writing; I do not think any person could Copy it so near—there is nothing particular about his writing that I am aware of, unless it is the finishing of the "G," which is finished but not turned.
Q. Just look at the back of this (handing a paper to the witness), and tell me whether it is finished but not turned? A. I have seen some like that; that is his handwriting I have not a doubt for a moment. (MR. BALLANTINE informed the COURT that this paper was written by the defendant).
Witness. Then it is very similar. (The probate of the will of George Bennett was put in and read, by which, after providing for his funeral and testamentary expenses, he left to his widow, with other property, the house in the occupation of Mr. Couling, and to Caroline Henley the premises in Park street, Kennington, and appointed her his executrix.
The defendant received an excellent character.
THE JURY did not require the case to be summed up, but found a verdict of
NOT GUILTY .
(THE COURT considered that it was a very scandalous prosecution, and refused to allow the expenses.)
(MR. BALLANTINE conducted the Prosecution, and MR. DUNCAN appeared for the prisoner, by whose advice he
PLEADED GUILTY .— To enter into recognizances in 801., to appear and receive Judgment when called upon. )
MR. DUNCAN conducted the Prosecution.
(It appearing that the Elizabeth Winter mentioned in the indictment was the female defendant, and MR. ROBINSON, who appeared for the defendants, producing the certificates of their marriage, MR. DUNCAN stated that he could not press the case.)
NOT GUILTY .
(MR. DUNCAN, for the Prosecution, offered no evidence).
NOT GUILTY .
Before Mr. Common Serjeant.
1185. EDWARD MOORE , burglariously breaking and entering the dwelling house of Sarah Brewer, at Lambeth, and stealing 3 shirts, value 1l.; 4l. 7s. in money; and 2 pieces of silver coin, value 6d., her property, having been before, convicted: to which he
PLEADED GUILTY . Aged 18.— Four Years' Penal Servitude.
MR. CAARTEN conducted the Prosecution.
CHARLES WESTLEY . I live at No. 134, Blackfriars-road. On Friday, 13th Oct., about half past 9 o'clock in the evening, I was in the Borough-road, carrying a basket of bread—I had a silver chain; the chain was round my neck, and through my top button hole, out into my pocket—at the end of the chain there was a padlock—I do not wear a watch at night—as I was going along, I felt a blow upon my forehead; it was given me by the prisoner—it made me rather bad, and knocked me right down upon the ground—after that blow, three men held me, while the prisoner took my chain—I saw him four times before I was knocked down—I saw him first coming home with my father, and then going for the bread, and then coming back again, and once before that—I saw him at the time I was struck, before I was knocked down—I saw him after I was down, and I saw him get up—after I was down, I saw him doing something to my chain; I could not tell that he broke it—it seemed to come out by a pull from him—it is broken—when that was done, they ran away across the road, and I ran after the prisoner, to look at him—I saw something in his hand like that (part of a chain)—I have half of the chain; the duplicate half is
missing—the half in my hand was left on my person, after I had been assaulted—what the prisoner had in his hand resembled my chain—he made his escape at that time—the three other men did not run; they walked to the Swan, till they saw me going to my house, and I saw no more of them; that was after I had been so ill-treated—I have no doubt that the prisoner is one of the four men who so ill-treated me—it seemed a heavy blow—I was told that it was with a life preserver—there was quite a little hole in my head—I found blood all about my hands; I cannot say whether it came from my forehead or not—I had no blow before that—I went to a surgeon, Mr. Edmonds; he looked at my head—it was he who said he thought it was done with a life preserver.
Cross-examined by MR. DUNCAN. Q. At what time was this? A. About half past 9 o'clock in the evening; I saw the person the moment before he knocked me down—he was at my side—he was playing about the cabs—there were not a good many cabs there—I was minding my business—the cabs were on the stand—I did not see the prisoner attempt to make a blow—the other three men were all there; they were all together—I saw this man, immediately alter I was down, rise from me—I did not see the prisoner, or any one, make the blow before I felt the force on my head—I took particular notice of the prisoner.
Q. Why do you think that man struck you down more than the other, or any one else, if you did not see him; the only thing that makes you think so is because you saw him rise from the ground? A. Yes, and I see him; I saw the man before, when I came with my father, about half past 8 o'clock in the evening—my father noticed him—I had never noticed him till about half past 8 o'clock that night—he did not wear a hat; he had a cap—he did not speak to me about half past 8 o'clock—we thought they were up to something, because they were playing about, I mean running round the cabs, coming close to me—I was not held down by the three men long; I dare say it was two or three minutes—this was the man that got hold of my chain—when I got up I followed him half way across the road—I next saw him in custody—I did not see him again on that night, nor the next day, nor the day after that—I was knocked down on the 13th, Friday—it was two or three days before I saw him again—it was in the day time, in the light—I picked him out from three other men—I went with the policeman—he was in gaol.
MR. CAARTEN. Q. Where did you pick him out? A. At the station house; he was among others—I picked him out of my own accord—he seemed to be running when he was crossing the road—I have no doubt that he is one of the men.
JOHN HUSBAND ROWE (policeman, M 110). On Friday evening, 13th Oct., I was on duty at the corner of the Borough-road, about a quarter before 9 o'clock, and saw the prisoner standing, with his back towards the Swan, beershop—there were three other persons near him—I know they were companions of his—I have seen them daily together—I spoke to the prisoner—he had on a cap—after I saw him he crossed the road, in company with the other three—he crossed the L division, towards Surrey—it was at the corner of Blackfriars-road, about thirty-six paces from the place where this occurred—I measured it myself.
Cross-examined. Q. At what time did you observe him? A. About a quarter before 9 o'clock; I particularly remember that he had on a cap—I spoke to him, and he spoke to me—he very frequently wears a hat—there was only one out of the four that had a cap.
MR. CLARKSON conducted the Prosecution.
HENRY LEGO . On the 15th Oct. I was in the London-road, I think it was about 10 o'clock, and saw three men standing at the corner of the London-road—I passed by; they followed me—the prisoner was one—I passed on; they followed me—I saw the prisoner at my back again as one passed by—two or three had turned round—I felt a blow at my chest, and at the same time my watch went from me—the prisoner was not a yard from me when I felt the blow on my chest—I fell to the ground—the other two ran to the Elephant and Castle; the prisoner ran to the London-road—I felt the watch dragged from me; it was secured with a guard round my neck—I believe the guard is broken—upon getting up, I saw the man that struck me, going along the London-road—the prisoner is the man that struck me—he was running—I got up, ran after him, and sang out, "Stop thief!"—I saw a policeman catch him—he had escaped from the first—I got near him when he was in the policeman's hands—I said to the first policeman, that the man had knocked me down, and I had lost my watch.
Q. He got away, and was afterwards taken by Seckter? A. Yes; I saw him stop him, and have no doubt that he was the man.
Cross-examined by MR. DUNCAN. Q. You say you saw him once or twice before the blow? A. No; I saw him in the London-road, and they followed me—I never saw them before—the lamps were lit—one passed in front—I can swear the prisoner was the one—I was steady enough to know what I was doing—I had been at a public house, and in the day I drank two pints of beer, and half a quartern of gin—I took one pint at dinner, and the rest in the evening—I was quite steady enough to know that that was the man that struck me—it was not down one straight street—sometimes I lost sight of the man; but I soon caught sight of him again—I saw him running—I will swear to him.
Q. How can you swear that the man who struck you was the one that ran over the road? A. Because my eyes were on him all the time—I was not rolled over; I was on my side—I had my eyes on him; I did not keep my eyes on the other men as well—that was the man that struck me; he was the man that came in front, and I felt the blow in the chest—that man struck me—it was not likely a man behind me would strike me in the chest—he did it—I fell on my side directly I was struck—it frightened me so much that I wanted to get the man that knocked me down, when I felt my watch going from me.
MR. CAARTEN. Q. Was any man in front of you at the time you received the blow, except the prisoner? A. No; I lost sight of him when he turned the corner; I saw him again when I turned—it was the same man.
DANIEL ROWBOTHAM (policeman, A 489). I was on duty at a quarter past 11 o'clock on Sunday night. Neale's-place is 1,200 or 1,300 yards from the London-road—I heard a cry of "Stop thief!" I saw the prisoner and the prosecutor running—the first time they were twenty or thirty yards: off—the prosecutor was calling out "Stop thief!"—I stopped the prisoner; the prosecutor gave him into custody for stealing his watch—he escaped—it was at night—I was coming on duty; I was putting on my cape with my right hand; that was how he so easily escaped—I have not the least doubt he is the man—I saw him taken by Seckter—when he ran away I pursued him—before he was captured by Seckter, he had gone the length of two
short streets—I only missed him out of right, just as he was running round the corner.
CHARLES SECKTER (policeman). I was on duty about a quarter past 11 o'clock, in William-street, Newington. I heard the cry of "Stop thief!"—I saw the prisoner running; I stopped him—I said, "What it the matter?"—he said, "A gentleman has lost his watch, but I have not got it"—the prosecutor came up, and I took the prisoner to the station house.
GUILTY . Aged 22.— Six Years' Penal Servitude.
PLEADED GUILTY . Aged 30.— Confined Twelve Months.
PLEADED GUILTY . Aged 22.— Confined Twelve Months.
PLEADED GUILTY . Aged 22.— Confined Six Months.
BAKER PLEADED GUILTY . Aged 30.
WARD PLEADED GUILTY . Aged 29.
Confined Six Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
SARAH SIMMONS . I am barmaid at the Rising Sun, in Lambeth. The prisoner came there, on 11th Sept., for 1d. worth of gin—I served him—he gave me a half crown—I gave him change, and he left—I put the half crown in the till—I am sure there was no other half crown there—as the prisoner was going out of the door, I took the half crown out of the till—I marked it with my teeth, called the potman, and gave it to him—he took it out of the house—the prisoner was brought back by Rogers, and he showed me the half crown which I had marked with my teeth.
GEORGE EDWARD PALMER . On 11th Sept., the last witness gave me a half crown, about 8 o'clock—I went out—the prisoner was outside—I went to him, and said, "This is a bad one"—he said, "Is it?" and he took it out of my hand, and gave me 2s. 5d.—I said, "That is not enough," and he gave me 1d. more—I pointed him out to the policeman, and he was brought back to the Rising Sun.
LEWIS ROGERS (policeman, L 187). The prisoner was pointed out to me, on the morning of 11th Sept., by the last witness—I took him, and told him he must go back with me—I asked him where the half crown was—he said, "I have got it"—he put his hand in his pocket, and said, "Here it is"—he said a gentleman gave it him that morning, and he did not know it was bad—this is the half crown he gave me—I took him back to the Rising Sun—he was taken to the Police Court, and was remanded—this was the only charge against him, and he was discharged—he gave the name of Edward Floyd, No. 8, Glynn street, London-road—I went there, and he was known there.
Abernethy biscuit; he tendered me a shilling—I tried it and found it was bad—I told him so—he offered me another one—I would not take it—I went to look for a policeman, and the prisoner passed by me and ran away—I gave the shilling to the policeman two days afterwards—I had kept it in my drawer, where I had put it half an hour after the prisoner was gone—it never went out of my sight—I put a mark on it and gave it to the policeman.
SUSAN ROBINSON . I live in York-road, Lambeth. On 26th Sept, the prisoner came, between 4 and 5 o'clock in the afternoon, to buy a herring—it came to a penny—he gave me a shilling, I gave him 11d.—he went just outside the door—I tried the shilling in the detector and found it would bend—I sent a little girl after the prisoner, and he was brought back by the officer—I gave the officer the shilling after I had marked it.
Prisoner. Did you not put the shilling in the drawer? Witness. No, I kept it in my hand; I did not put it in a drawer.
THOMAS BROWN (policeman L 108). I was on duty in Waterloo-road, and saw the prisoner stopped by a gentleman—I went and took him back to Mrs. Robinson's shop—she gave me this shilling—I searched the prisoner, and found on him sixpence in silver, fivepence in copper, and a herring.
Prisoner's Defence. I did not know it was bad.
GUILTY . Aged 19.— Confined Twelve Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
SAMUEL CROSS . I am shopman to Mr. Atfield, of Holland-place, Lambeth. On 12th Oct., about 9 o'clock, the prisoner came for some sheeps' kidneys—he had three first, and then he said he would have another—they came to sixpence, and he put down a half crown—my father, William Cross, was there, and he gave him two shillings change—the prisoner left the shop with a woman—I took up the half crown and bit it, and found it was bad—I followed the prisoner with the half crown in my hand—I gave him in charge, and gave the half crown to the officer—it was not out of my sight.
Prisoner. I gave the half crown to your father, and he put it amongst other silver; 30s. worth or more.
WILLIAM CROSS . I was in Mr. Atfield's, the butcher's, when the prisoner came in; he tendered me a half crown—I took it up and put it on one side, as is my habit of doing—I did not put it in any drawer, or with any other silver—it remained on the counter till my son took it up.
EDWARD COLE (policeman, P 169). I took the prisoner into custody, and received this half crown from Samuel Cross—as I was taking the prisoner to the station, he took this purse from his pocket with his left hand; I took it from him immediately—I examined it at the station, and found in it one bad shilling (produced), and 6s. 6d. in good money—the counterfeit shilling was not mixed with the others, it was in a compartment by itself—there was a woman with the prisoner, when he was taken—she was discharged.
Prisoner. I beg for mercy.
GUILTY . Aged 28.— Confined Twelve Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
JOHN MARNER . I am assistant to a surgeon, in the London-road. On 2nd Oct. I saw the prisoner in the shop, between 4 and 5 o'clock in the evening—he came for some pills—he gave me a sixpence, and left the shop—I put the sixpence into the desk, where there was no other silver—I looked at it again about two hours afterwards, and found it was bad—I kept it locked in the desk from the 2nd to 4th Oct.—on the 4th the prisoner came again for some Epsom salts—I knew him directly he came in—he gave me a shilling—I tried it, and it was bad—I went round the counter, and endeavoured to detain the prisoner, but he struggled and got out of the shop—I kept the shilling in my hand, and put it into the desk with the sixpence—I gave them both to the officer on 5th Oct.
Prisoner. You put the sixpence into the till. Witness. No, I did not.
ALFRED WHEELER (policeman, L 64). I produce a shilling and a six-pence which I received from the last witness—I took the prisoner on a charge of felony, on 12th Oct. but the prosecutor did not appear, and he was discharged.
GUILTY . Aged 23.— Confined Six Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
SARAH WESTCOTT . I am the wife of William Westcott, a chandler, in Cross-street, Old Kent-road. On 16th Oct. the prisoner came, about half past 9 o'clock in the evening, for a halfpennyworth of tobacco—I served him; he gave me a sixpence—I tried it with my teeth, and found it was bad—the prisoner asked for his change; I told him it was a bad sixpence—he put his hand out for it, and he had a halfpenny to give me in his hand—I told him I should not give him the bad sixpence, I should keep it—he went out, and I went out and followed him to another shop—I waited outside, and heard him ask for a halfpennyworth of apples—the man said he had got none—he then asked for a halfpennyworth of sherbet; he then saw me looking through the window, land ran out—I seized him, and took him by the collar into the shop—he began to cry, and threw down a handful of sixpences—I took them up, and gave them to a stranger in the shop—I went for a policeman—I saw the stranger give some sixpences to the policeman, in my presence—the bad sixpence that the prisoner passed to me I gave to the officer—it was not above five minutes from the tune he left my shop.
COURT. Q. Did you see the money fall from his hand? A. Yes.
WILLIAM MARSH . I keep a chandler's shop, in the Old Kent-road. On 16th Oct. the prisoner came and asked for a halfpennyworth of apples—I had not any, and he asked for a halfpenny worth of sherbet—as I was going to serve him, Mrs. Westcott came in, and said the prisoner had got bad money; and he dropped the money out of his left hand, where some wood was lying—Mrs. Westcott took up the same money that dropped from his hand, and placed it in a man's hand who was standing by the right of me, while I had got the prisoner by the collar—I saw the man's hand after he had got the money, and I can swear he never took his hand off the counter till the policeman came, and he gave the policeman what he had in his hand.
shop, on Monday, 16th Oct.—a man there gave me these six counterfeit sixpences—I have kept them ever since—I also received this other sixpence from Mrs. Westcott—after I had taken the prisoner to the station I went back to Mr. Marsh's shop, searched the ground, and found this other six-pence—the prisoner had on him two good sixpences, 1s., 0 1/2 d. in coppers, and two pieces of a metal spoon.
Prisoner's Defence. I picked the money up.
GUILTY . Aged 18.— Confined Twelve Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
HENRY BAILEY . I live in Cannon-street, Walworth-road. On 13th Oct. the prisoner came to my shop for some tea and sugar—she gave me a counterfeit shilling—I cut it up with the scissors, gave her the pieces back, and told her not to come again—I saw her here again on the next evening, about 8 o'clock—she came for exactly the same quantity of tea and sugar, and gave me another counterfeit shilling—I said, "You are the same person that came last night"—she said she was not the party—I have not the least doubt that she was the person—I sent for the policeman, and gave her in charge—I cut the last shilling in two, and gave it to the officer.
Prisoner. Q. How do you know I was there before? A. I recollected you the moment you came into the shop, and there were three others in the shop, who immediately recognised you.
JAMES CASSELTON (policeman, P 150). I was on duty on 14th Oct.—I took the prisoner for uttering two counterfeit shillings—these are the two pieces of a shilling which the last witness gave me—the prisoner said that she lived at No. 15, Castle-street, Kent-road—I went there, and found it was quite false.
GUILTY . Aged 16.— Confined Six Months.
MR. CLERK conducted the Prosecution.
MARY ANN SIMPSON . My husband keeps an eating house, in New-road, Lambeth. On 9th Oct. the prisoner came at 9 o'clock at night for a penny saveloy and a penny roll—he offered me a shilling—I gave him change, and he left the shop—I kept the shilling in my hand till my servant girl came in—I then bit the shilling with my teeth—I thought it was bad, and I showed it to my husband—he said it was a very bad one—he gave it back to me—I put it in a piece of paper, in a box, in the bedroom—there was no other shilling there—the prisoner came again on Wednesday, 11th Oct., about the same time—he asked for a penny saveloy and one pennyworth of bread—my servant was in the shop, and she called me—I got up, and went into the shop—I found the prisoner there—my servant showed me a shilling, and told me it was a bad one—I sent for a policeman, and gave the prisoner in charge—I gave the shilling that my servant showed me to the policeman, and the first shilling that was in the box.
MARY ANN ALLEN . I am servant to Mrs. Simpson. I saw the prisoner there on Monday evening, 9th Oct.; he came for a penny saveloy, and a penny loaf—my mistress showed me a bad shilling that evening—on the Wednesday evening the prisoner came again—I was in the shop—he asked
for the same articles—he offered me a shilling in payment—I called my mistress, and showed it her, and told her it was bad.
Prisoner. She was not then on the Monday evening. Witness. I was there.
DAVID GREEN (policeman, L 161). I was called into the shop, and took the prisoner—the girl brought the shilling when she came to fetch me, and Mrs. Simpson gave me another shilling—I asked the prisoner where he lived; he said he had got no home—I asked him how he got the shilling; he said he got it that evening for holding a horse—I said I had been on duty all the evening, and there lad been no horse held at all.
GUILTY . Aged 23.— Confined Six Months.
MR. CLARKSON conducted the Prosecution.
JOHN JULIUS SILLING .—I am a cheesemonger in Charlotte-terrace, New-out On Tuesday, 10th Oct. the prisoner came, between 5 and half past 5 o'clock for a quartern of butter; he gave me in payment a counterfeit shilling—I took it, and put it amongst the copper money, because I had some doubt about the prisoner having been there before—I gave him change and let him leave the shop—when he was gone, I looked at the shilling; I marked it, and put it in a piece of paper in my pocket—I saw the prisoner again on Thursday, the 11th, about seven o'clock in the evening—he asked first for a quartern of butter, and then he said half a quartern would do—he offered me another counterfeit shilling—I sent for a constable and gave him in charge—I gave the two shillings to the constable.
JOHN MEASURES (policeman, L 160). I took charge of the prisoner, and received these two shillings from the witness—I asked the prisoner how he became in possession of that shilling; he said he did not know.
Prisoner's Defence. I went for the butter, as my wife could not go out in the morning with the child; my father had come in the morning, and given the shilling to my wife; the first shilling I know nothing about.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Six Months.
KING PLEADED GUILTY . Aged 22.
SMITH PLEADED GUILTY . Aged 22.
Confined Twelve Months.
MR. LILLEY conducted the Prosecution.
WILLIAM ROBERTS . I am a commission agent, and live in Castle-street, Southwark. On 10th Oct., about 3 o'clock in the afternoon, I was coming out of a public house, in Herbert's-buildings, Waterloo-road—as I was coming out, the two prisoners were standing in front of the house—M'Dermott stopped me, accosted me, and challenged me for something to drink, or words to that effect, which I would not listen to—she then pushed up my
hat, and gave me a very heavy blow, which stunned me, and knocked me down, and Rose caught my neck and shoulder, while M'Dermott laid hold of me, unbuttoned my waistcoat; and wrenched off my guard from my neck, and took my chain and pocket compass—I was very much injured with the fall—there were several persons behind me when this occurred, and I believe there were some persons behind them—the prisoners then rushed into the public house—I rushed in after them, and I said to M'Dermott, "You have robbed me of my chain"—she denied it, and pulled little articles out of her pocket, and put herself into a violent temper, and struck me again—she was pushed out by the people round, and she rushed out, across Waterloo-road, and then into Tower-street, and I lost sight of her—I gave information to the police, and they followed her, and brought her to the station—I was sober—I had been taking a glass or two of ale—I was able perfectly to know what I was about—I paid 4l. 10s. for my chain, and 10s. for my compass—I suppose they were worth 3l. 10s. when I lost them.
JAMES M'GREVY . I am thirteen years old, and live in Marshall-street, London-road. On Monday afternoon, 10th Oct., I was in Herbert's-buildings—I saw the last witness there about half past 3 o'clock—he came out of the Half Way House—when he came out, he had a chain before him, and these two girls, the prisoners, rushed upon him, and one of them laid hold of him and pulled him down; and after she had pulled him down, she pulled the chain right off his neck, and they both ran into the house—I went to the station, and told the policeman.
HENRY HILL (policeman, L 154). On 10th Oct., I was on duty in the neighbourhood of Herbert's-buildings—I saw a crowd a little after 3 o'clock—I afterwards received information—I went towards M'Dermott, and she ran away—I followed her, and took her into a person's house in Thomas-street—I had known her before quite well—Rose was taken by another officer.
M'Dermott's Defence. I was in the public house, and this man came in and took hold of my hand; he would not let me go; we came out of the house, and I struggled to get away, and he fell down.
ROSE— GUILTY . Aged 15.
M'DERMOTT— GUILTY Aged 16.
Four Years' Penal Servitude
ADJOURNED TO MONDAY, NOV. 27TH, 1854.
The following Prisoners, upon whom the Judgment of the Court was respited at the time of Trial, have since been sentenced as under:
Vol. xl. Page Sentence