Old Bailey Proceedings, 27th November 1854.
Reference Number: t18541127
Reference Number: f18541127

MOON, MAYOR.

CENTRAL CRIMINAL COURT.

MINUTES OF EVIDENCE,

Taken in Short-hand,

BY

JAMES DROVER BARNETT

AND

ALEXANDER BUCKLER,

Rolls Chambers, 89, Chancery Lane.

VOLUME XLI.

SESSION I. TO SESSION VI.

LONDON:

GEORGE HEBERT, CHEAPSIDE.

WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.

1854-5.

THE

WHOLE PROCEEDINGS

On the Queen's Commission of the Peace,

OYER AND TERMINER, AND GAOL DELIVERY,

FOR

The City of London,

AND GAOL DELIVERY FOR THE

COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION

OF THE

CENTRAL CRIMINAL COURT,

Held on Monday, November 27th, 1854, and following Days.

Before Sir Edward Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir Samuel Martin, Knt., one other of the Barons of Her Majesty's Court of Exchequer; Thomas Kelly, Esq.; Samuel Wilson, Esq.; Sir John Musgrove, Bart; and William Hunter, Esq., Aldermen of the City of London: the Right Hon. James Archibald Stuart Wortley, Q.C., M.P., Recorder of the said City: Thomas Quested Finnis, Esq.; Sir Robert Walter Carden, Knt.; John Carter, Esq.; F. R. A. S.; Richard Hartley Kennedy, Esq.; and William Anderson Rose, Esq., Aldermen of the said City: Edward Bullock, Esq., Common Serjeant of the said City; and Russell Gurney, Esq., Q. C., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.

HENRY MUGGERIDGE, Esq.

CHARLES DECIMUS CROSLEY, Esq.

Sheriffs.

FREDERICK FARRAR, Esq.

ALEXANDER CROSLEY, Esq.

Under-Sheriffs.

LIST OF JURORS.

First Jury.

John Milson

Richard Jebbetson

Rich. Beeston Brettingham

William Birch

William Fox

John Standing

Joshua Joseph

John Thompson

John Dudman

Michael Pennel

William Ayres

John Kimber

Second Jury.

Giles Bartlett

Joseph Tebbutt

James Goodwin

Lewis Chapman

Edward John Bates

Eusebius Boswell

Jesse Brettall

Joseph Buck

William Clark

James Ashenden

John Jones Clegg

George Bower

Third Jury.

John Dallimore

Benjamin Bennett

John Christopher Barnes

William Caldwell

Samuel Weller

Alfred Bezant

Matthew Bainbridge

William Glass

Frederick William Best

George Frederick Stephens

Alexander Blenkie

Joseph Bishop

Fourth Jury.

Charles Reeves

Thomas Till

Richard Carey

Cassibelanus Townsend

George Page

Richard Starkey

William Thomas Marsh

Edmund Large

William George Dixon

William Scriven

John Barrett

William Paxon

Fifth Jury.

James Benton

George Baker

James Lucker

Alfred Martin Trindell

James Baldwin

William Nowland

Joseph Rayment

William Bollard

Joseph Blundell

Henry Thorogood

John Tucker

Jonathan Poulter

Sixth Jury.

John Bradley

William Salford Hayes

Joseph Starling Maynard

Charles Robert Bond

William Berry

John Horner

George Young

Francis Tyrrell

Robert Edward Barber

Edward Richards

Stephen Snelly

William Thomas Bull

Seventh Jury.

Thomas White

Thomas Neale

Richard Page

Samuel Coles

George Pope

William Abbott

John Crason

Thomas Turnbull

James Bateman

James Coles

George Barnett

Thomas Cunnington

Eighth Jury.

Charles Reeves

Thomas Till

Richard Carey

Cassibelanus Townsend

George Bootland

George Page

Richard Starkie

William Bennett

William Thomas Marsh

John Culverhouse

Edmund Large

William George Dixon

Ninth Jury.

Thomas Cunningham

Joseph Cooper

Thomas Bretnell

Daniel Clark

William Paxton

Peter George Barrett

Francis William Chipperton

Cornelius Bowers

William Balchin

William Bolting

Francis Trowen

Samuel Henry Parsons Lake

CENTRAL CRIMINAL COURT.

MOON, MAYOR. FIRST 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, November 27th 1854.

PRESENT—Mr. Ald. KELLY; Mr. Ald. WILSON; Sir JOHN MUSGROVE, Bart., Ald.; Mr. RECORDER; Mr. Ald. FINNIS; Sir ROBERT WALTER CARDEN, Knt., Ald.; Mr. Ald CARTER; and Mr. Ald. ROSE.

Before Mr. Recorder and the First Jury.

Reference Number: t18541127-1

1. ALFRED TILLEY , stealing 4 hanks of silk, value 14s.; the goods of Richard Griffiths, his master: and SAMUEL HARRISSON , feloniously inciting the said Alfred Tilley to steal the said goods, and afterwards feloniously receiving the same: to which

TILLEY PLEADED GUILTY . Aged 14.— Judgment Respited.

MR. PARRY conducted the Prosecution.

WILLIAM DAWE . I am warehouseman in the employment of Richard Griffiths, a silk and trimming manufacturer, of No. 52, Cheapside. Alfred Tilley was an errand boy in his service, at 4s. 6d. a week—he had been there, I think, about ten weeks when he was taken into custody—he was employed in the braid machine room, on the ground floor—the silk is kept in the ware-house, on the first floor—about a fortnight before Tilley was apprehended a person in the warehouse called my attention to some bundles of silk; they were loose—four hanks had been taken from them—nothing more occurred to excite my attention till the morning the boy was taken, Friday, 20th Oct.—Samuels and I counted some hanks that morning in the first floor warehouse, where I am always selling goods—Tilley was away at that time—after the boy Tilley returned from his breakfast he made an excuse to go upstairs into the warehouse to fetch a knife, and he must have come down with some silk in his pocket; for I went upstairs, and found that four hanks of silk were missing—I then searched the boy, and found on him only 4d. in copper—young Mr. Samuels then went down into the vault, and found four hanks of silk behind some moulds—I had noticed Tilley go to that part of the house several times that morning—at 7 o'clock

in the evening, just as Tilley was going from work, I went into the vault, and found that the silk was gone—I then searched him, and found on him the four hanks of silk that were missing—they were new and were worth 14s. trade price—18d. is a very inadequate price for them—Tilley made a statement to me, and I took him to Mr. Griffiths, his master's house, in Downham-road, Kingsland, who was unwell, and had not been in business that day; I afterwards took Tilley back, sent for a constable, and gave him into custody—the constable made an arrangement with Tilley, in my presence, to go to Harrisson's house, and give him three of the hanks of silk, worth 10s.—I and the constable followed Tilley, about half past 9 o'clock to Harrisson's house, No. 19, Hope-street, Spitalfields; it is a little shop, there were scales and weights there—the shop was not closed; it has a large window; it had the blinds down, and a few of these thrums in it—I saw Tilley go in; I stood on the same side of the way, six or seven yards off, and could only see the side of the window; I could not see figures inside—the policeman was on the opposite side of the way—Tilley came out, and offered to give me 1s. 6d.; I told him to keep it, I would have nothing to do with it—I had searched him in the morning, and only found 4d. on him.

Cross-examined by MR. DUNCAN. Q. Did you take the silk from Tilley in the evening? A. Yes, four hanks; It was arranged between the policeman and me that they should be returned to Tilley for him to dispose of in the same way as he had told us he had previously done; it was for the purpose of laying a sort of trap for the other person—that was done by Inspector Newnham, of Bow-lane station; I went there after I came from Mr. Griffiths—I was ordered to go to the station and see the inspector—it was me that took the four hanks of silk from Tilley; I took them to Mr. Griffiths, and he saw them—it was the officer who gave them back to Tilley; I had given them to Inspector Newnham by Mr. Griffiths's orders—I was present when Turner, the officer, gave the silk to Tilley; it was done with my concurrence—that was not at the station, but at the warehouse.

MR. PARRY. Q. Did you communicate to Newnham the statement that the boy had made to you? A. Yes; it was after that that the inspector did what he did; and it was under his advice that I acted in everything that I did.

WILLIAM TURNER (City policeman, 449). On 20th Oct., I received instructions to follow Tilley to No. 19, Hope-street, Spitalfields—the silk had been delivered to me by the last witness at the station.

COURT to WILLIAM DAWE. Q. Did you receive the silk back from Newnham? A. No; Newnham gave it to Turner.

WILLIAM TURNER , continued. I think I did receive the silk from Mr. Newnham; I made a mistake before—I received it at the station house, not at the warehouse—I went with it to the warehouse; I saw Mr. Dawe at the station, he was waiting with me to go and follow the boy—I gave the silk to the boy, and I and Mr. Dawe followed him, and saw him go into the house—I waited on the opposite side, and saw shadows moving on the blind as of a man leaning over something, which afterwards turned out to be the counter; I could not see the figure of any person—immediately afterwards I saw the boy Tilley come out, and I then went in and saw Harrisson sitting with his back towards me, with his wife and children; I asked him whether he had purchased some silk of a boy; he said, "I have not, but the boy brought a piece of silk in; I said I thought he had not come by it honestly, and he threw it under the counter, and said he would go and fetch his mother"—I asked him where the boy had thrown it, and he said,

"You will find it whisked under the counter"—I picked it up from underneath the counter, which is open to the room where they all live together, and a little counter goes along by the door; the end of the counter is closed towards the door—Harrisson was sitting in just such a position as he could have thrown the silk there without my seeing him—I do not think the boy could have thrown it there, because there were some scales hanging on the counter—I told him I should take him into custody for buying the silk, knowing it to be stolen—he said he never saw the boy before, and he had not bought it of him—I took him into custody, took him outside, and asked Tilley in his presence what he had received for the silk; he said, "18d"—Harrisson made no reply—I have often seen him passing along Watling-street and Thames-street, with a bag.

Cross-examined. Q. How long have you been in the police force? A. Between seven and eight years—I have been examined as a witness about half a dozen times here, and perhaps 100 times in the police courts—I have made a mistake to-day, because this happened some time ago, and I have had several cases since—I may possibly have made mistakes since—I am aware of the nature of an oath—I went into the shop the moment the boy came out, without speaking to the toy—Harrisson was in custody when I asked the boy what he had received—the counter is about four feet long; the branch of the scales is, perhaps, eighteen inches long—it is not only on account of the scales that I think the boy could not have thrown the silk there, but also from the distance across the counter—those two are the only reasons.

COURT. Q. Which way was the shadow leaning? A. Towards the door; it was like the shadow of a person behind the counter—there was a candle on the table, and there was a fire; a man at the counter would be between the candle and the window.

WILLIAM NEWHAM (city-police inspector), On 20th Oct., about 9 o'clock in the evening, Dawe came to the station, and brought these hanks of silk (produced)—he made a communication to me, in consequence of which I gave certain directions to Turner—I remained at the station; and Harrisson was afterwards brought there, with the boy Tilley—Tilley said in Harrisson's presence, "I took the silk; the week before last this man," pointing to Harrisson, "met me in Bow-lane, and asked me if I was at Griffiths's amongst the silk; I said that I was; he asked me to get him some, and he would give me lots of money; I said I was afraid I should be caught; he said there was no danger of that; and I have taken eight or ten lots, and have taken them all to his house, and sold them to him, and sometimes I got 6d., and sometimes 15d. for a lot; and I never should have taken anything from the warehouse if it had not been for him"—Harrisson said he knew nothing about it, except as to the three hanks which the boy had left there as he had stated—I asked the boy whether he had sold it to him or not; he said, "Yes, for 18d.," and he gave me the 18d. in silver, from his pocket, in Harrisson's presence—Harrisson made no reply.

Cross-examined. Q. Harrisson was in custody at the station? A. Yes; he said nothing further than what I have stated.

ALFRED TILLEY . I am fourteen years old. When I was taken into custody on this charge I was living with my mother, at No. 25, St. John-street, Brick-lane, Bethnal-green—about twelve months ago I was' in the service of Messrs. Foote and Son, of Spital-square—I did something wrong there, and was convicted summarily by a Magistrate—I was two weeks under remand, and six weeks in prison—I have known Harrisson ever since

I was in Mr. Foote's employ—I first saw him at the bottom of Spital-square—he met me, with 50 lbs. of silk on my back—(MR. PARRY proposed to go into what passed upon this occasion. MR. DUNCAN objected. The COURT considered that at any rate the evidence in this case ought to be given first)—after leaving Messrs. Foote's, and after coming out of prison, I got into a few places, and at last got into Mr. Griffiths's service—I was there nine weeks before I was taken up—soon after I went there, I was running for a halfpenny worth of apples, for a boy named Newton, and met Harrisson at the bottom of the court—he stopped me, and said, "You are in the work of Mr. Griffiths, are not you?"—I said, "Yes"—he said, "You are among a good bit of silk"—I said, "I know I am"—says he, "Get me some of that silk?"—says I, "I cannot," and then he says, "I have served Mr. Griffiths with some thrums, and I know what John is; John is among a good bit, and he will not miss it"—(the foreman's name is John Samuels)—I said, "I cannot, for it is all weighed out to John, and if I take any little thing it is missing"—he said, "Oh, no, it will not be missing"—I said, "It will, I am sure, and I shall get locked up again, and you and all"—he said, "You will not be locked up, and if I get you into any trouble I will get you out of it"—I was going to run into work, but he caught hold of me by my jacket, and said, "Do you mean to get me any silk?"—I said, "No, I cannot get you any"—he said, "Well, if you do not get me any, I will tell your master that you have been convicted before"—I said, "Do not tell my master," and then I cried, and he said, "I will tell your master if you do not bring me some"—then we got to Mr. Wilson's, the hatter, before you come to Mr. Griffiths's, and I said, "If you will not tell my master, I will get you some"—I did not bring him any that night, or the night after that; and he came and met me on Monday night—the first interview was on Thursday—on the Monday he tapped me on the shoulder, as I was going over to the other side of Cheapside, and said, "Have you got me any of that stuff?"—I said, "No"—that was at 10 minutes past 7 o'clock, after I had left Mr. Griffiths's, and he threatened to go and tell him again—I was going away from him, and he said, "I am going to tell your master"—I said, "Do not tell my master; I will bring you some to-morrow night;" and the next night I took him two hanks, and he gave me 8d. for them—it was black silk, the same sort as this produced—on the Thursday night following I took two more hanks, and he did not give me anything—he said, "Do you want any money for these?"—I said, "I do not know; I will give you these if you do not tell my master"—he said, "You must give me more than this"—I did not take him any on Friday night, and on Saturday night he came and met me at Pearl-street and Nichol-street, and said, "Have you got any more of that silk? you did not bring me any last night; you kept me waiting at home all last night, and never brought me any"—I said, "Well, I did not like to bring you any last night, but you aint going to tell my master for that?"—he said, "If you have not got any now, I will"—I said, "Here is some more; do not tell my master now;" and gave him three hanks—he said, "I am not going to give you nothing for this, for I have not got any money to spare"—I went home; and on Monday night and Tuesday night I did not take him any—on Wednesday night I took him another hank—he did not give me nothing for that, so I would not take him any more for two or three nights after that, and he came and met me again at the same place, one night in the middle of the week, and said, "I have got all that up stairs saving what you have brought me, and if you do not bring me some more, I will bring it and show it to your master, and you will be locked up

again"—I said, "Do not you bring it to my master; I will bring you some more if you do not take it to my master"—he said, "If you do get locked up, you will get about ten years"—on the following Monday night I took him a single hank, and he gave me 4d. for it—on the Tuesday night I took him two hanks—he gave me nothing for them—on the Wednesday night I took him two hanks of brown silk—he did not give me anything for them—I was taken in charge on the following Friday, for stealing four hanks—I took them out of a drawer in the warehouse, while Mr. Dawe was at breakfast, put them into my pocket, and put them behind some wood moulds, down stairs—I afterwards took them from behind the moulds, and put them into my pocket, for the purpose of carrying them away—I was stopped, and searched—I was afterwards told to take three of the hanks to where Harrisson lived—I went there, and a policeman and Dawe were following—when I went in I gave Harrisson the three hanks—he took them, and put them under the counter, and went and asked his mistress for a purse—she was sitting on the other side of the room—there were some half-crowns and silver in the purse—he took out some half-crowns; and said, "18d. is quite enough; I am going to give you some money now for it"—he gave me 18d., and then took it back, and gave me 6d., wanting to keep the shilling till I brought some more on Saturday night—I said, "If you do not give me what you offered me, I am not going to take any at all"—he then gave me the 18d., and said, "Bring me some more to-morrow night"—he was behind the counter when he gave me the 18d., and I was before it—he said, "Here is the money; it will soon be Sunday, and you will have a good bit of money for Sunday if you bring me some more"—I then went outside, took my cap off to the policeman, gave him the 18d., and waited at the door while he went in—I only had 4d. in my pocket, 2d. which my mother gave me that morning, and 2d. which remained from 8d. that Harrisson had given me—I live with my mother, and have got two sisters and a brother living at home—my father is alive, but he is blind, and cannot work—(MR. PARRY proposed to ask the witness what took place on the first occasion. The COURT considered that it might be done, but shortly, as to the facts, without going into details.)

Q. While you were at Foote's did you see Harrisson? A. I did; I had fifty pounds of silk on my back the first time I saw him; I had a conversation with him, in consequence of which I took a thrum and two hanks of silk, and took them to Harrisson's house—I was convicted of stealing the silk, and after I came out of prison I went with my mother to Harrisson's house; my mother asked him whether the policeman had been there, for Mr. Foote said he was determined to send a policeman, if it was twenty years to come, for Mr. Foote was determined to prosecute him—he said to my mother, "Oh, if you say I am not the man, they cannot hurt me, and they cannot hurt you"—and he said, "They will not take me; if they take me they will take the boy again, and if the boy says I am not the man, the same as he did before, they can do nothing to me nor to the boy either"—we then went away—I had told my mother that Harrisson was the man, and she went and spoke to Mr. Foote, but I was not with her.

Cross-examined. Q. Do you live now with your mother? A. Yes; and have done so for the last two or three years—my father cannot see to work, and is not able to do any for his living; he lives with my brother, who keeps him—my mother takes in washing, and my brother, who is living at home, works, and so do I; and I have got a brother and a sister out at work—there is a younger child than myself living at home, and also an

older one, a young man twenty-two years of age, who works along with my father; I do not know what he gets a week, but he allows my mother 10s. a week—my brother John, who lives with my mother, works for Mr. Kynaston, a carpet manufacturer, of Milk-street, Cheapside; he is a great deal older than the brother who allows my mother 10s. a week—before I was convicted, I took silk twice—I got 4d. for one hank, and a halfpenny for a thrum—I kept the money, and lent it away, and spent it—I lent a halfpenny to Edward Cruler, and another to James Montgomery—I did not let anybody know when I was taken up, but when I was remanded I told my mother, and she came to see me; I do not know whether she was present when I was brought up on remand; I did not see her—after I came out of prison, I got a place; it was after I had left off work, after 8 o'clock at night, that I went with my mother to Harrisson's house; a policeman came to my mother and wanted to go to Harrisson's, but my mother did not know till I came home, and the policeman could not wait—that was between a month and two months after I came out of prison, because I was out of work five weeks when I came out—I then got work with Mr. Orme, of Club-row, Church-street, Shoreditch, and was there about nine weeks; it was after I had been there three or four weeks, that I went to Harrisson's with my mother; the prisoner's wife was present—I left Mr. Orme's, because he had a little boy there, a nephew of his, who seemed to be master, and was always getting me into bothers—I told him to mind his own business; he told his uncle, who smacked my face, and I went home—I was not blowed up much by my master before that—I was not discharged for taking something out of the shop—Mr. Orme did not give me a character to my next place, but I told Mr. Austin, of No. 16, Princes-street, Finsbury-market, a sash line manufacturer, the next place I went to, that I could have a character from Mr. Orme's; that was not false; he would give me a character for honesty—I had done nothing wrong there—I had not been to him to ask him if he would give me a character, but my mother said she would go—I did not tell Mr. Austin I had been convicted of stealing, and had been imprisoned—I was with Mr. Austin a fortnight and three days—I left him, because a boy named Smith, asked me if I wanted a better place and more a week, 4s. 6d.; he was in Mr. Griffiths's employ—I was earning 4s. a week at Mr. Austin's—I left for the sake of the extra 6d., and because he said it was a better place—when I went to Mr. Griffiths's I offered him a character from Mr. Austin, but I do not know that he went and got it—it was about nine months from the time I came out of prison, to the time I went into Mr. Griffiths's employ, as near as I can say—during that time I had not seen Harrisson, except when I went with my mother to him—my mother seemed very angry, and said he ought to be ashamed of himself; she said, "There is a policeman coming to prosecute you, and Mr. Foote will have you, if it is twenty years to come"—he said, "It is not worth while kicking up a bother; go home and be quiet; "she did so, and from that time I did not see Harrisson again till I was in Mr. Griffiths's employ—when I was in Mr. Griffiths's employ, Harrisson sometimes gave me money for taking things, and sometimes he did not—I told him that if I took any things from Mr. Griffiths I should be caught, but he persuaded me that I should not—he knew that I had been convicted, and I said I should be caught the same as I was before; but he said I should not, and that he would tell my master if I did not bring some—I did not refuse to take money for the silk—I used to spend the money in apples, and so on—I used not to take it home to my mother.

Q. Do you mean to tell me that, although you told your mother this was the man who had led you into wickedness before; you did not tell her the second time? A. No; I was frightened to tell my mother—she was going to beat me, when I come out of prison—she waited two months before she went to Harrisson in a great rage, but directly I went out of prison, she went and told Mr. Foote that this was the man—I did not go with her—I can read and write a little—I have been to Abbey-street school, and in St. John-street; that is about four years ago—when I was at Harrisson's house I said, "If you do not give me all you have offered me I shall not take any"—he had never given me so much as 18d. before—I stole from my master eight times; I have, not taken an account of those times in writing; I am telling you all from memory—it was about three weeks from the time I began to rob my master, to the time I was given into custody; it began on a Monday—I was taken into custody on Friday—I was about three months in the service of Mr. Griffiths, as near as may be.

JOHN SAMUELS . I am in the employment of Mr. Griffiths. I manufacture trimmings from silk, which is under my care—the boy, Tilley, was was taken into custody on 20th Oct.—I had, previous to that, missed remnants of silk—when I receive the silk I weigh it in, and weigh it out again—I had missed silk at least once before the time he was taken prisoner, and two or three times I found that parcels had been broken open; but, not counting them, I cannot say—on the morning that Tilley was taken into custody, I noticed something, and communicated with Mr. Dawe, and counted some hanks of silk.

COURT. Q. Had you known the prisoner? A. No; I am not aware that he ever delivered anything at our place—I receive all that comes in—I take in thrums; they are remnants of the broad weaving, and are used for covering ladies' apron ties—I have never bought any thrums of the prisoner, and I buy all the thrums—I have been there four or five years.

MART ANN TILLEY . I live at No. 25, St. John-street, and have done so nearly five years. My husband is afflicted—the boy, Alfred Tilley, is my son—I remember his being convicted of taking some silk from Messrs. Foote and Son, of Spital-square—the schoolmaster of the prison sent me a letter to come and fetch him; and after he came out, in consequence of what he said to me, I went with him to the prisoners—that was on a Wednesday evening—he had then been out of prison two or three months—I dare say it was four months ago—it was some time in the summer; I do not exactly recollect when—I told the prisoner that the policeman had been to my place, and threatened to give him (the prisoner) in charge again—he said to my boy, "You have no occasion to be afraid, for they can't hurt you; Mr. Foote, nor fifty Mr. Footes, can't hurt you, as long as they don't find the property upon me"—"Nor you either," said he to the boy—the boy had been already punished, but the policeman had been to my place, and said that Mr. Foote was not at all satisfied that the boy had told the truth of the first crime—the prisoner told my boy that if the policeman should take him up again, to stick to it that he was not the man; and he said, "Neither should you know me if I was brought up again"—I told him that he was a good for nothing villain to encourage the boy to rob—he stood against the window, with his hands in his pockets, and made a snigger and a laugh and told the boy not to be frightened—that was all that passed—as we came out, he said, "Shut the door, for there are plenty of spies about;" and when we came out into the street, he said the same; and he told the boy to look out, for fear there should be anybody looking about for him.

Cross-examined. Q. Do you remember what part of the year it was that your son went into prison? A. Just before Easter; he had six weeks at Tothill-fields, and he came out the Monday before Easter Sunday—I was not aware, before the Magistrate committed him, that the prisoner was the man that had instigated him to commit this robbery; not until the boy told me, at the House of Detention—I was not present in Court, at the time my boy was heard finally before the Magistrate—I was not in the Court at all; I was outside—they would not allow me to go in—the policeman kept me back—I said I wanted to go in, to hear my boy's trial; and he said, "No"—I do not know the policeman's number, there were so many—I did not see the prisoner between the time of my boy going to prison and his coming out—it was in consequence of receiving the letter from the schoolmaster that I went with my boy to the prisoner—it was in consequence of what the boy told me that I went to the prisoner, not in consequence of the letter—I went to the prison in consequence of the letter—it was four months afterwards that the policeman came to me—I believe his name is Pullen—I have seen him here to-day—the door which he told my boy to shut, was an inner door; we were by the side of the counter—I have not seen my boy since he was examined in Court this morning—my boy never used to bring me any of the money home—he lived with me, and had his food regularly—I am a laundress—I have another son, twenty-one years of age, who brings me 9s. 6d. a week; he is the only support I have—the boy has brought me his wages home—when I said, "No," just now, I thought you meant money that he had been stealing, or selling things for—I received 4s. a week from him, regularly, during the time he was at Mr. Foote's; and so I have since he has been at Mr. Griffiths's—4s. was his regular wages—I received no more.

MR. PARRY. Q. How much used the boy to give you a week? A. 4s.; those were his wages, as far as I knew—I have two daughters and two sons—this boy is my youngest boy; I have a girl younger than him—my eldest son is twenty-one years of age—I gave my boy 2 1/2 d. on the morning of 20th Oct; 1d. for some coffee, and 1 1/2 d. to buy a saveloy for his dinner.

CHARLES PULLEN (policeman, H 34). I remember the boy, Tilley, being in custody, some time ago, for robbing Mr. Foote—I went to Harrisson's house, at that time: Tilley was being examined—I saw Harrisson at the police court—when I went to Harrisson's, he said he had bought some thrums, but no silk, not from any boy.

Cross-examined. Q. I suppose you saw his mother there, too; did you not? A. Yes; I know her by sight—I was before the Magistrate when the boy was committed—I believe the mother was in Court at the time, but I am not positive—I believe she was not there when he was convicted, but I am not positive—I have spoken to her to-day, outside the Court.

COURT. Q. Have you seen her since she was examined? A. No, nor spoken to her.

(Henry William Cavalier, beer shop keeper and grocer, No. 18 and 19, Quaker-street, Spitalfields; Joseph Blackett, silk weaver, Hope-street, Spital-fields; and William Hitchcock, haw dresser, No. 123, Royal Mint-street, Whitechapel, deposed to Harrisson's good character.)

HARRISSON— GUILTY . Eight Years' Penal Servitude.

Reference Number: t18541127-2

2. EDWARD LAMBERT , stealing 12 pairs of stockings, 12 shirts, 2 shawls, and other goods, value 9l. 18s.; the property of John Falshaw Pawson and another, his masters: to which he

PLEADED GUILTY . Aged 19.—Recommended to mercy.— Confined Six Months.

Reference Number: t18541127-3

3. ELIZA M'AVOY , stealing 4 pairs of gloves, value 10s.; the goods of David Richardson.

WILLIAM ELLS . I am shopman to David Richardson, a hosier, of No. 3, Leadenhall-street. On 2nd Oct., between half past 3 and 4 o'clock, I was in the shop—the prisoner came in, and brought some canvass money bags for sale—there were no customers there—I told her I did not want anything of the kind, and told her to go about her business—she spread them out on a glass, which was on the counter; and when I had told her, two or three times, to go about her business, she took them up and went to the door; and then she came back again, and spread them on a box of gloves, on the top of the glass case—there were about eighteen or twenty pairs of gloves in the box—I told her that if she did not go I should send for a policeman—she scrambled them up in a violent hurry with both hands, and scrambled up a bundle of gloves out of the box, at the same time, and put them into her bag—the gloves were quite at the top of the box—I saw distinctly the lining of the gloves; and, on looking more closely, I saw the paper, with the makers' name, "Brown Brothers," on the paper—she went out of the shop—I followed her, brought her back, and took her bag away from her—she said she would give me in charge for taking her back—I asked her what she had got in her bag—she said she did not know she had got anything—I took the bag away from her, and put it at the end of the counter—my employer came in, and I asked him to look in the bag and see if there was any of his property there—he looked in, and there was the bundle of gloves—I sent for a policeman—the prisoner made two or three attempts to get out of the shop, and said she would give me in charge—a customer came in, I turned round to speak to him, and the prisoner seized me by the hair, and said she would throttle me—I do not think the prisoner could have taken the doves by accident, because she stopped so long, and would not go out of the shop—I do not think that she could have swept them into her basket in mistake.

Prisoner. I did not take them intentionally; I swept the bags into my basket, and never saw the gloves. Witness. You said, at the station, that I put them into your bag, and that you would give me in charge for taking your bag; I am quite positive of that—I distinctly saw you put them into your basket, or black leather bag—this (produced) is it—my employer is not here.

THOMAS TEMPLE (City policeman, 571). I was called, took the prisoner into custody, and saw this bag—the prisoner was the worse for liquor—she was so bad that I was obliged to lead her to the station—I heard nothing said about Ellis putting them into her bag—such a thing may have been said—she said so many things going along, being the worse for liquor, that I did not observe what she did say.

COURT to WILLIAM ELLIS. Q. When was it she said this, about your putting them into the bag? A. I believe at the station, immediately she got in—the policeman had her in custody at the time—I am quite positive that she said it.

Prisoner's Defence (written). I went to No. 3, Leadenhall-street, to sell some bags; I asked him to buy some; he said he required none; I took them out of my basket, and laid them on the counter; it was between the lights: he said he wanted none, and I swept them into my basket; I saw no gloves, but they might have been on the counter and put in with the bags; I have been in the habit of selling cash bags for twenty-seven years, and never was imprisoned before; I can get the best of characters, and hope my age will be considered.

NOT GUILTY .

NEW COURT.—Monday, November 27th, 1854.

PRESENT—Mr. Ald. ROSE; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Fifth Jury.

Reference Number: t18541127-4

4. OSBORNE WRIGHTSON , embezzling 6l. 2s. 6d., the moneys of Robert De Crez, M'Craken, and another: to which he

PLEADED GUILTY . Aged 19.— Confined Six Months.

Reference Number: t18541127-5

5. JAMES BRAMLEY , stealing 8 lbs. 3 ozs. of silk, value 2l. 2s.; the goods of Rene Delarbe and others, his masters: to which he

PLEADED GUILTY . Aged 23.— Confined Four Months.

(The prisoner received a good character.)

Reference Number: t18541127-6

6. JAMES CARPENTER , stealing 5 lbs. weight of corks, value 5l.; the goods of James Roberts, his master: to which he

PLEADED GUILTY . Aged 32.— Confined six Months.

Reference Number: t18541127-7

7. JOHN LINDON , burglary in the dwelling house of Samuel Henry Ranger, stealing 1 desk, and other goods, value 1l. 1s.; his property, and 1 coat, and other goods, value 1l. 8s.; of George Anson Byron Lee , and beating and striking Francis Leverett .

(The prisoner PLEADED GUILTY to the burglary, but not to striking the officer.) MR. PAYNE conducted the Prosecution.

FRANCIS LEVERETT (policeman, S 68). On 18th Oct., about half past 3 o'clock, I saw a constable named Smith, at the door of the house, No. 51, Mornington-row—I looked through the key hole, and saw the prisoner come out of the back study with this crowbar in one hand, and a light in the other—he went down in the kitchen—I went to the back of the house, and got over five walls—I got into the yard and saw the study window standing open, I saw the bottom bar had been taken from it—I heard the prisoner strike a lucifer match—I took off my boots, and got in at the study window—I then saw the prisoner coming up the kitchen stairs to the back study, where I was standing—lie had this crowbar in his hand, and a writing desk under his arm, and two scarfs wrapped round the writing desk—I turned on my light and the prisoner turned round, and ran down to the back kitchen—I followed him down, and when I got to the bottom of the stairs he struck my lantern from my hand with this bar—he was just in the kitchen, and I was outside the kitchen door—I was in the house—I called to the prisoner to surrender, and he struck at me with the bar—I parried the blow off with my right arm—it bruised my arm—the mark was on it for three weeks afterwards, and the arm is very tender now—there was a little light, and by that I saw that he took the crowbar out of his breast and struck me—I took him by the collar, and threw him on his back—he struggled and got up, and I threw him a second time—the persons in the house were roused by the other officer knocking at the door—the other officer came to my assistance, and we took the prisoner to the station—when we were outside the house the prisoner said if he had thought well, he could have killed me with the crowbar—at the time he struck me, he had got this writing desk under his arm wrapped round with some scarfs—the writing desk belonged to Mr. Ranger, and the scarfs to Mr. Byron.

Prisoner. Q. What light was there when I struck you? A. A small light came through the window—there was a shutter up at the window, but a

light came by the side of the shutter—there was light shining from different parts of the house—I took the, shutters to be a white blind, but it appears there were shutters.

MR. PAYNE. Q. Was there anybody else but the prisoner there? A. No; I got the crow-bar from him—I did not lose hold of the person who struck me with the crow-bar till the other officer came.

NOT GUILTY of Striking the Officer.

The prisoner was sentenced to Six years' Penal Servitude on the charge of Burglary.

Reference Number: t18541127-8

8. SARAH SMITH , unlawfully concealing the birth of her child.

NOT GUILTY .

Reference Number: t18541127-9

9. WILLIAM FINDELL , embezzling 1l. 13s. 2 1/2 d.; the moneys of Richard Dennis, his master: to which he

PLEADED GUILTY . Aged 23.— Confined Four Months.

OLD COURT.—Tuesday, November 28th, 1854.

PRESENT—Mr. Ald. KELLY; Sir JOHN MUSGROVE, Bart, Ald.; Mr. RECORDER; and Mr. Ald. FINNIS.

Before Mr. Recorder and the Second Jury.

Reference Number: t18541127-10

10. THOMAS NORRIS , stealing 241bs. weight of lead, value 5s.; the goods of our Lady the Queen, and fixed to a building: to which he

PLEADED GUILTY . Aged 23.— Confined three Months.

Reference Number: t18541127-11

11. JULIAN CROMARTIE , feloniously forging and uttering 3 orders for the payment of 25l., 8l., and 28l., with intent to defraud: to which he

PLEADED GUILTY . Aged 23.— Four years' Penal Servitude.

Reference Number: t18541127-12

12. GEORGE EDWARDS , stealing 1 purse, value 1s.; an order for the payment of 10l., and 11s. 10d. in money; the property of Mary Cooper, from her person.

MARY COOPER . I am a widow, and live at No. 3, Albert-square, Clapham-road. On 2nd Nov. I was in Fenchurch-street, from half past 1 to 2 o'clock in the afternoon—I was stopping for about a minute, looking into a print shop—I had a porte-monnaie in my pocket—I had been into a biscuit shop about a minute before, and I had it then quite safe—whilst I was standing at the print shop I felt something touching my right side, where my pocket was, and, on looking round, I saw the prisoner—I said to him, "You have picked my pocket"—he said, "No, I have not"—I said, "You have," and I caught hold of his left hand, but he struggled, and got his hand away from me, and passed it in front of me—I caught hold of part of his coat, which tore in my hand—I lost my umbrella in holding him—I called out as loud as I could, "Help! help! this man has picked my pocket"—some persons came up and asked if I wished to give him in charge—I said I would—a youth came up, and said, "I have picked up this purse; I saw the prisoner throw it away"—it was my purse—two gentlemen held the prisoner—he was never out of my sight—I never let go of him till the gentlemen said, "You may leave go, we have got him"—this is the purse—it contained four sovereigns, 11s. 6d., and a cheque, for 10l.—it contains that now.

Prisoner. Q. Was the purse in my hand when you caught hold of it? A. I did not see the purse; you did not say you had not got it; you said you had not picked my pocket—I did not drop the purse—I dropped the cracknels which I had bought, and my umbrella also, in the struggle—I am quite sure I did not drop my purse with them.

JAMES WATKINS . I live at No. 6, Bedford-place, Old Kent-road, and am clerk to a merchant. On 2nd Oct., about a quarter to 2 o'clock, I was passing down Fenchurch-street, and saw Mrs. Cooper—just as she ran across the road she had hold of the prisoner's coat—just as he got across the road I saw two gentlemen catch hold of him—I saw the prisoner throw the purse away just as the gentlemen seized him—I picked it up, and gave it to Mrs. Cooper—this is the purse.

Prisoner. Q. Will you take your oath that you saw me drop the purge? A. Yes, I will.

JOSEPH BROWN (City policeman, 584). I saw a crowd, went up, and saw the prisoner in the custody of two gentlemen—the prosecutrix said the prisoner had picked her pocket, and gave the prisoner into custody.

Prisoner's Defence. I was coming along Fenchurch-street, walking in front of the lady; she turned round and caught hold of both my hands, and said, "You have robbed me of my pocket book;" I said, "It is false; I have no pocket book about me;" she said, "You have," and caught hold of my coat, and two gentlemen came and took me; the boy picked up the purse fifty yards from where I was.

JAMES WATKINS re-examined. It was just down by his feet—he was on the pavement, and the purse was in the road, close to him.

GUILTY.** Aged 21.— Confined Twelve Months.

NEW COURT.—Tuesday, November 28th, 1854.

PRESENT—Mr. Ald. CARTER; Mr. Ald. ROSE; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Sixth Jury.

Reference Number: t18541127-13

13. GEORGE BROWN was indicted for unlawfully uttering counterfeit coin: to which he

PLEADED GUILTY . Aged 48.— Confined Eighteen Months.

Reference Number: t18541127-14

14. WILLIAM FIELD and WILLIAM HENRY WILKINSON , unlawfully having counterfeit coin in their possession, with intent to utter it.

FIELD PLEADED GUILTY . Aged 19.— Judgment Respited.

WILKINSON PLEADED GUILTY . Aged 18.— Confined Twelve Months.

(Field received a good character.)

Reference Number: t18541127-15

15. FRANCIS HEATON was indicted for unlawfully uttering counterfeit coin: to which he

PLEADED GUILTY . Aged 30.— Confined One Year.

Reference Number: t18541127-16

16. JAMES SMITH was indicted for a like offence: to which he

PLEADED GUILTY . Aged 19.— Confined One Year.

Reference Number: t18541127-17

17. WILLIAM BARRATT was indicted for a like offence: to which he

PLEADED GUILTY . Aged 32.— Confined One Year.

Reference Number: t18541127-18

18. MARY ANN SMITH was indicted for a like offence: to which she

PLEADED GUILTY . Aged 19.— Confined Twelve Months.

Reference Number: t18541127-19

19. ELIZA PELHAM was indicted for a like offence.

MR. ELLIS conducted the Prosecution.

HENRY TICKNER . I keep the John of Jerusalem, at Clerkenwell. On 2nd Nov. the prisoner came about half past 11 o'clock at night; she asked for a pint of beer; I drew it, and she said she did not want that, she wanted a glass of beer—I gave her a glass of beer, and I saw her put down a shilling; I gave her 11d. change, she drank the beer and went out—I directly found the shilling was bad; I put it aside—I saw the prisoner again in about ten minutes; she asked for a glass of beer, and put down a shilling—I said, "This is just the same as the other"—she said, "It is very good"—I said I would not give her the shilling nor the change—I marked the shillings, Nos. 1 and 2, and gave them to the policeman—the prisoner gave her address, No. 47, Blackfriars-road.

JAMES MILLER (police-sergeant, G 33). I took the prisoner, and received from the last witness these two. shillings—I asked the prisoner how she came by them; she said she did not know—I took her to the station, she was searched by a female, and the woman who searched her brought her back, and said in her presence, that she had found in her pocket, two sixpences, a 4d. bit, and some coppers—the prisoner said it was all right, she had that money on her—she gave her address, first at No. 47, Blackfriars-road, and afterwards she gave her address, No. 47, Holland-street—I went to both places, and she was not known.

WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. These shillings are both counterfeit.

Prisoner. I had been receiving some money; I knew nothing of its being bad.

(The prisoner received a good character.)

GUILTY . Aged 33.—Recommended to mercy by the Jury.— Confined Six Months.

Reference Number: t18541127-20

20. GEORGE WATSON was indicted for a like offence.

MESSRS. ELLIS, BODKIN, and LILLEY conducted the Prosecution.

ROBERT PHILIP JOHNSON . I am a grocer, and live in Dorchester-street, Hoxton. On 1st Nov., about 9 o'clock in the evening, the prisoner came and asked for half an ounce of tobacco; I served him, he gave me a shilling—I gave him 10 1/2 d. change, and he left the shop rather hurriedly—I looked at the shilling, which I had not let go out of my hand—I put it in the detector, and bent it—I kept it apart from all other coin, and gave it to the policeman.

Prisoner. I was not in the house at all. Witness. I have not the least doubt of him; it was a very foggy night.

MR. BODKIN. Q. Do you speak to him from his features? A. Yes; and he had a peculiar cap on.

HANNAH PAPPRELL . I live in New Gloucester-street, Hoxton; I am a widow and a grocer. On 1st Nov., about 10 o'clock at night, the prisoner came and asked for half an ounce of tobacco—I served him; he gave me a shilling; I did not like its appearance—I tried it on the detector, I told him it was bad, and asked him if he had got another; he said he had not—my son came in the shop, I gave him the shilling, and he cut it through

with a knife—I asked the prisoner to return the tobacco—he gave it me back—I sent for the officer, and saw my son give him the shilling.

WILLIAM PAPPRELL . I am son of the last witness. I saw the prisoner in my mother's shop on 1st Nov.—my mother gave me the shilling, I cut it in halves with a knife—I sent for the policeman, and gave him the same shilling.

COURT. Q. Did you take notice of the prisoner in the shop? A. Yes; I was sitting in the back parlour, I observed how he was dressed—he had a rough hairy cap on.

WILLIAM TURST (policeman, N 456). The prisoner was given into my custody; Mr. Papprell gave me these two pieces of a counterfeit shilling—this other shilling I got from Mr. Johnson—the prisoner had a rough hairy cap on his head.

WILLIAM WEBSTER . These are both counterfeit, and from the same mould.

(The prisoner's statement before the Magistrate was here read as follows: "I never was in the first man's house at all; I cannot deny the other one.")

Prisoners Defence. I came up with a collier; my employer said, "You may stop till Thursday, and go back by our barge"—I said I had nothing to live on, and he gave me half a crown; I changed the half crown, and the next morning I had but 1s. 8d. in the world; I went to the last witness's house for the tobacco, and he said it was a bad shilling, and I was struck; I never was in the first man's house.

GUILTY . Aged 21.— Confined One year.

Reference Number: t18541127-21

21. ELIZABETH CLIFFORD was indicted for a like offence.

MESSRS. BODKIN and LILLEY conducted the Prosecution.

BARNARD WATSON . I am apprentice to Mr. Palmer, a bookseller; No. 55, Gracechurch-street. On Wednesday, 8th Nov., about 7 o'clock in the evening, the prisoner came and asked for two penny receipt stamps; I served her, and she gave me a florin in payment; I tried it, and it was bad—I showed it to the porter—I showed it to the prisoner, and she gave me another florin, which was good—the first one was on the counter; the prisoner did not take it up—I gave her the change, and she left.

MICHAEL LETCHFORD . I am porter to Mr. Palmer—I was in the shop on 8th Nov., about 7 o'clock in the evening—I saw the prisoner come in, and saw the florin; it was bad—the prisoner left—the florin was on the counter—I ultimately gave it to the policeman.

Cross-examined by MR. PAYNE. Q. Who was in the shop when she came in? A. Only the last witness and I—he was at the counter, and I was close by—he held the florin out to me, and said, "Is this a good one?"—I said it was bad, and threw it on the counter—the prisoner produced another florin—the last witness gave her change, and she left—I followed her with my eye, while I was in the shop—she went to the end of ting William-street, which is about forty yards from our shop—I was in the window of our shop looking by the books—she went and joined a man, and they came back and passed our shop, and went to Mr. Ready's, the fishmonger's, in Bishopsgate-street, which is about 100 yards from our shop—I followed them, and when I got to the fishmonger's shop, the prisoner was coming out—I stopped her about twenty yards from there, and gave her into custody when the policeman came up—I had left the florin on the counter when I followed the prisoner—I was gone about twenty minutes.

MR. BODKIN. Q. When you came back, did you find the florin on the

counter? A. No; Watson had it, and he handed It to me—in consequence of the prisoner offering the bad florin, I watched her, I got in my master's window, and did not take my eyes off her till I saw her join the man—she returned, and I followed her to the fishmonger's—she came out, and I went in and made a communication there—I then followed her and took her.

BARNARD WATSON re-examined. I took possession of the florin, and when the porter came back I gave it him.

Cross-examined. Q. How soon after he went did you take it up? A. About five minutes—no one had come into the shop in the mean time—I did not get into the window to look out; I went into the counting house, leaving the florin on the counter-—I came out in about five minutes, and took the florin.

MR. BODKIN. Q. Did any one go and interfere with it? A. No.

JOHN READY . I keep a fishmongers shop in Bishopsgate-street—the prisoner came there on 8th Nov., about 7 o'clock in the evening—she asked for two 1 1/2 d. bloaters; I supplied her with them, and she gave me a florin; I gave her change, and she left the shop—as she left, Letchford came in, and from what he said, I looked at the florin—I had put it in my pocket, but I had no other florin—I instantly detected that it was bad—I ran out, and took the change from the prisoner and the two bloaters—I gave her back the florin, and left her—I did not stop to see what was done with her—I did not notice any booty in her company.

Cross-examined. Q. You did not know what Letchford wanted? A. No; he asked me what coin she had given me, and I looked and found it was bad—I ran and took the change and the bloaters from the prisoner, and ran back—Letchford was walking towards her, I suppose—I did not see Him stop her—I was in a hurry to get back; I had no one in my shop.

GEORGE WATSON (City policemen, 660). The prisoner was given to me by Letchford, in Bishopsgate-street, for passing a counterfeit florin—I asked the prisoner if she had any more; she said "No"—I took this purse from her, which contained a 5s.-piece, a good florin, and a bad one, and two duplicates—I received this other florin from Letchford.

WILLIAM WEBSTER . These are both counterfeit, and from the same mould.

(The prisoner's statement before the Magistrate was read as follows: "I received 25s. at a shop on the Tuesday; there was no man with me the whole of the day; I came up into the City; I think I must hare received the florins with that money.")

(The prisoner received a good character.)

GUILTY . Aged 18.— Confined Six Months.

Reference Number: t18541127-22

22. DANIEL DESMOND was indicted for a like offence.

MR. BODKIN conducted the Prosecution.

ANN ELIZABETH DOWDING . I live with my father-in-law, Mr. Gunn, who is a tobacconist in Old Compton-street. On Tuesday, 7th Nov., the prisoner came to the shop about 8 o'clock in the morning—he asked for a pennyworth of tobacco—I served him; he gave me a sixpence; I gave him change, and he went away—I put the sixpence in the till, where there was no other silver—in about an hour I went to the till, and found the sixpence that I had placed there, and no other silver—I examined the sixpence, and found it was bad—I showed it to my father-in-law, and he put it on a shelf apart from other coin—the same evening the prisoner came again and asked for a pennyworth of tobacco—I served him—he gave for sixpence

—my father-in-law was there—he looked at the sixpence, and found it was bad—he threatened to have the prisoner taken into custody—the prisoner said, "Pray, sir, don't"—my father-in-law shut him in the shop, and he escaped.

Prisoner. Q. On Tuesday morning I was not in the shop? A. I am confident you are the person.

THOMAS GUNN . I am father-in-law of the last witness—I was in the parlour on the morning of 7th Nov.—I saw the prisoner through the window; I am sure he was the person—I did not serve him—about an hour afterwards, the last witness showed me a sixpence—I found it was bad, and I put it on the shelf; it remained there, apart from other coins, till I gave it to the officer—I was at home that same evening, and the prisoner came again; my daughter went to serve him—I felt so confident that it was him, that I put my hat on ready to go out—the prisoner offered a sixpence; I took it, and found it was bad—I passed the prisoner in the shop, and shut the door after me—I wanted to get a policeman—I held the door, and the prisoner forced it open, and pushed past me, and got away—I cried, "Stop thief!" and he was stopped by a policeman—he had run out of the passage that my door goes into—the officer brought him back—I gave the officer the two sixpences.

HENRY DALTON (policeman, C 89). On Tuesday night, 7th Nov., I was on duty in Compton-street; I heard a cry, "Stop him! stop him!"—the prisoner ran by me—I followed him; he fell down—I overtook him and took hold of him, and took him in custody—I received these two sixpences from Mr. Gunn.

WILLIAM WEBSTER . These are both counterfeit.

Prisoner's Defence. I did not go out till between 11 and 12 o'clock that day; I went for the tobacco in the evening, and put the sixpence down; Mr. Gunn stood on one side and he took it, and put it in his waistcoat pocket; I did not notice any more; I went away, and got taken.

GUILTY . Aged 17— Confined Twelve Months.

Reference Number: t18541127-23

23. HENRY PHILLIPS was indicted for a like offence.

MESSRS. BODKIN and LILLEY conducted the Prosecution.

MARY ANN STARKEY . I am nine years old; I live with my parents in Maiden-lane, King's-cross. On Wednesday, 25th Oct., I was going down Caledonian-street, to buy my brother an apple—the prisoner spoke to me—he asked me to go to the sweetstuff shop round the corner, and fetch a pennyworth of white peppermint—he promised to give me a halfpenny for fetching it—he gave me a shilling to pay for it—I went to the sweetstuff shop round the corner; I gave that shilling to the person in the shop—that person gave me the peppermint, and I went back to look for the prisoner—I did not see him at first—I saw him in two or three minutes, when I crossed the road—he took the sweetstuff from me, and he asked me where was the change—I told him I had no change—while I was speaking to him the gentleman who served me the sweetstuff came up, and he laid hold of the prisoner.

JOSIAH CLAYTON . I am shopman to Mr. Child, of York-row, Caledonian-road, a confectioner—this child came to the shop, and offered me a bad shilling for some sweetstuff, which came to a penny—I gave her the sweetstuff, and asked her where she got the shilling—in consequence of what she said, I desired her to go out and I followed her—I saw the prisoner go up a doorway—he had his coat on when he went up, and he came out again—

had his coat off—he ran to the little child, and asked where the change was—I laid hold of him, and took him into custody—I gave the bad shilling to Mr. Child.

WILLIAM CHILD . I received the shilling from the last witness—it was bad, T gave it to the constable."

JOHN BRIGES (policeman, G 196). The prisoner was green into my custody; I took him to the station—there was a sergeant there, and when he saw the prisoner he said, "I hope they have got you this time"—the prisoner replied, "Not to rights"—I searched the prisoner, and told the sergeant he had nothing—the prisoner replied, "It is not the game to have more than one."

EDWARD JOSEPH POWELL . I am inspector of coin to the Mint—this is a counterfeit shilling.

Prisoners Defence. I was in the street; a van of goods came up; a man asked me to help unload them; I was doing so, and I went up the doorway to get my coat again, and the man came and took me.

GUILTY . Aged 18.— Confined Twelve Months.

Reference Number: t18541127-24

24. ANN YOUNG and ELIZABETH LYNCH were indicted for a like offence.

MESSS. LILLEY and CLERK conducted the Prosecution.

JOHN TABB . I am a grocer, and live at Shaftsbury-terrace, Pimlico. On Wednesday, 8th Nov., about 2 o'clock in the afternoon, Young came for some grocery, and paid me a bad shilling—I gave it her back, and said it was bad—she said, she thought it was good—I took it again from her, and put it in my mouth, and it bent easily—I returned it to her, and she left the shop, taking the shilling with her—I saw her turn the corner, and I went through my warehouse and followed her—I saw her join Lynch—I followed them still, and they went to a public house, I believe the Warwick Arms, in Pimlico—Young went into the house, and Lynch sat on a door step very near the house—I flaw Young come out, and join Lynch—I went into the public house, and spoke to the barman—I afterwards saw the two prisoners in Charlton-street; Young was in a baker's shop, and Lynch was waiting opposite—Young came out, and joined Lynch again—I had a policeman behind me and we followed, and took them into custody.

JAMES SEXTON . I am barman at the Warwick Arms. On 8th Nov., about 2 o'clock, the prisoner Young came for half a pint of beer—she offered me a counterfeit shilling—I bent it nearly double—I returned it to her—she took it away with her—I saw Lynch on the opposite, side of the way.

JAMES BOSWORTH . I am a butterman, and live at No. 37, Charlton-street On 8th Nov., between 2 and 3 o'clock, Young came and asked for a quarter of a pound of shilling butter—I served her, she gave me a shilling I put it in the till; there was no other shilling there—I gave her 9d. change; she went away—I received a communication from Mr. Tabb, and examined the shilling which I had in the till—I found it was bad I kept it till the policeman came, and gave it him—I marked it by his request—I am able to say positively, I had no other shilling in the till.

JASPER SIMMS (police sergeant, B 48). On 8th Nov., I received information from Mr. Tabb, and watched the prisoners—I saw them near the Warwick Arms—they joined together and walked together; I followed them to Charlton-street—I saw Young in the butter shop, and Lynch on the other side—Young came out and joined Lynch, and they walked a quarter of a mile together—Lynch had something in her hand, and she put

a piece of money in her mouth, and she dropped a small piece of paper—I received this shilling from Mr. Bosworth.

Lynch You never took me at all? Witness. No; it was 143 took you—I was standing by your side, and saw what I have stated in your hand.

MATILDA WHITE . I am female searcher at the station. I searched the prisoners—I found nothing on Young—on Lynch I found four sixpences, 1s. 5 3/4 d. in coppers, and one 3d.-piece.

Young's Defence. I had taken the shilling, with some more, on the Saturday night; I know nothing of this other prisoner; I met her, on the day in question, accidentally in the street, and asked her my way; we got in conversation, and two policemen came and touched me on the shoulder, and told me to go with them; I have never been in custody before.

EDWARD JOSEPH POWELL . This shilling is counterfeit.

YOUNG— GUILTY . Aged 34.

LYNCH— GUILTY . Aged 24.

Confined twelve months.

Reference Number: t18541127-25

25. JOHN JOLLEY , unlawfully having counterfeit coin in his possession.

MESSRS. LILLEY and CLERK conducted the Prosecution.

CHARLES DYAS (police sergeant, T 65). On 18th Oct., at a quarter past 1 o'clock in the morning, I was on duty at Stanley-villas, Notting-hill—I saw the prisoner; he had apparently been drinking, and was on his hands and knees—I asked what he was doing; I got no distinct answer, and I took him into custody—I found a small bag in his left hand trowsers pocket, with four counterfeit shillings in it—they were separately wrapped in papers—these are them—I took the prisoner to the station—he said I might want a friend some day myself—I said I might—he said, "Be a friend to me now, if you like"—I said, "What do you mean?"—he said, "Chuck them away," or "Throw them away"—I searched him at the station—I found on him one more counterfeit shilling loose, and one good shilling, and 9 1/2 d. in coppers.

Prisoner. Q. Do you recollect, at the time you searched me, taking your hand from my left hand trowsers pocket? A. Yes with this bag and the coin.

Prisoner. You took from my other pocket five sixpences, and you said, "You have been at work"—I said, "Thank God, I have been at work, or I should not have had this money;" and the next day you asked me how many pieces I had in my possession. Witness. No, I did not; I never spoke to you on the subject.

COURT. Q. Had the prisoner been drinking? A. Yes, but he knew what he was doing—he told the Magistrate he was sitting down, easing his braces.

EDWARD JOSEPH POWELL . These five shillings are all counterfeit.

Prisoner's Defence. I saw the little bag lying down, and put it in my pocket; I was not aware it was bad.

NOT GUILTY .

Reference Number: t18541127-26

26. WILLIAM SULLIVAN , unlawfully uttering counterfeit coin.

MESSRS. LILLEY and CLERK conducted the Prosecution.

EMMA BOREHAM . I am the daughter of John Boreham, who keeps the Wheat Sheaf, in Smithfield. On Wednesday night, 15th Nov., the prisoner came and asked for 1d. worth of gin—he gave me a shilling—I bent it, and returned it to him—he gave me a good shilling, and I gave him 11d. change—after he left, I received some information—the waiter went out, and the prisoner was brought back in custody.

Prisoner. I gave you a shilling; you said it was bad; I told you to break it; you gave it me; I broke it, and left it on the bar. Witness. you left it on the counter.

WILLIAM LUKE EVANS . I keep the Queen's Arms, in Guildford-street, in the Borough. On 15th Nov., the prisoner came to my house, about 7 o'clock in the evening, for half a pint of beer—he offered in payment a shilling—I looked at it, and told him it was bad—he asked me to let him look at it—I gave it him, and he said he saw it was bad—he drank the beer, and paid me with a good shilling—he took the bad one away with him—after he was gone, I sent my boy to follow him—I should think my house is a mile and a half from Mr. Boreham's.

JAKES BEECH . I am in the service of Mr. Evans. On the day in question, I saw the prisoner at the bar of my master's house—I saw him go out, and I followed him—I saw him join a female—he went over Blackfriars-bridge, to Smithfield—he went into a surgical instrument maker's—the female remained outside—the prisoner remained in the shop about half an hour—when he came out, I went in—the prisoner crossed over to Mr. Boreham's, the Wheat Sheaf, and he was in there about five minutes—after he came out, I went in and gave information—the waiter came out with me—I fetched an officer—the prisoner was then at a little distance from the house, and was alone—I pointed him out, and the officer took him to Mr. Boreham's.

Prisoner. Q. You say there was a female with me? A. Yes; you came out of my master's, and joined the female—you did not go up Farringdon-street—you went over Blackfriars-bridge, and up Water-lane—you did not go to a public house in Farringdon-street—you did not go up Snow-hill.

MR. LILLEY. Q. Are you sure that the prisoner is the man? A. Yes—I saw the woman several times—she was walking up and down—I saw her, speak to the prisoner—she came to the station after the prisoner was there.

JOHN RIDGEN (City policeman, 260). I received information, and took the prisoner at the end of Giltspur-street—I took him to Mr. Boreham's, and received this shilling there, broken in pieces—I took the prisoner to the station—I searched him, and found a sixpence, and 5d. in coppers—there was a woman taken into the station the same evening, Catharine Miller—the last witness said she had followed the prisoner from the Borough.

EDWARD JOSEPH POWELL . This shilling is counterfeit.

Prisoner's Defence. I worked in the London Dock; I received three shillings from the captain of a ship; I got a character from the head clerk, to go and get a truss; I got a letter for the truss, and called for half a pint of beer; I gave a shilling; the gentleman said he did not think it was good; I said, "Here is another;" I came out, and went over Blackfriars-bridge; I met a man in Farringdon-street, and went and had a quartern of brandy; I then went to get the truss; I came out, and went to the public house, and called for a pennyworth of gin; the female said the shilling I offered was bad; she bent it, and gave it me; I broke it, and laid the two pieces on the bar; I walked to Giltspur-street, and the policeman came and took me; I was going to work at Mr. Lund's, in the Borough, where I worked six years.

NOT GUILTY .

Reference Number: t18541127-27

27. ELIZABETH ROUSE was indicted for a like offence: to which she PLEADED GUILTY . Aged 28.— Confined Twelve Months.

OLD COURT.—Wednesday, November 29th, 1854.

PRESENT—Mr. Baron ALDERSON; Mr. Baron MARTIN; Mr. Ald KELLY; Mr. Ald WILSON; Mr. Ald FINNIS; and Mr. Ald ROSE.

before Mr. Baron Alderson and the Fourth Jury.

Reference Number: t18541127-28

28. FREDERICK PROWSE , stealing, whilst employed in the Post-office, a post letter, containing 2 postage stamps, 1 half guinea, and 1 six-pence; the property of Her Majesty's Postmaster-General: to which he

PLEADED GUILTY . Aged 47.— Six Years' Penal Servitude.

Reference Number: t18541127-29

29. WILLIAM FORBES , stealing 1 coat, value 10s.; the goods of Peter Wells: also, 1 coat, 10s.; and 1 other coat, 10s.; the goods of Marmaduke Church: also, 1 watch, 20s.; the goods of Francis Watkins: to which he

PLEADED GUILTY . Aged 19.— Confined Four Months.

Reference Number: t18541127-30

30. THOMAS TIERNEY FERGUSON , feloniously, knowingly, and without special license, solemnizing a certain marriage between Thomas Coatley and Hannah Sarah Steele, in a certain place, not being a church or chapel, in which marriages according to the Church of England might be solemnized, and other than the registered building specified in the notice and certificate of the registrar.—Three other COUNTS, varying the manner of stating the charge.—5th COUNTS, solemnizing a marriage in a registered building in the absence of a registrar of the district in which the building was situate.

MESSRS. BODKIN, BALLANTINE, and TALFOURD SALTER, conducted the Prosecution.

HANNAH SARAH STEELE . I come from Brentwood, in Essex I was brought up as a Protestant—two years ago I was in the service of Mr. Gosling, at Fulham—while I was in that service I became acquainted with a man named Coatley—he is an Irishman, and a Roman Catholic—the result of my acquaintance with him was that I became in the family way—it was arranged after a time that Coatley and I should marry, and I went, in consequence of that, to Mr. Cornell, the registrar—I went to get a certificate from Mr. Cornell—he wrote down what I told him—he is the registrar of the district in which Holland-street Chapel is situated—I signed a paper there—at that time I was living at Fulham—after leaving that notice, Coatley took me to see the defendant, at the Roman Catholic Chapel in Fulham-fields—they call it St. Thomas's Chapel—Mr. Ferguson asked us whether we were going to get married—I said, "Yes"—he asked me where—I told him, "At Holland-street Chapel"—he asked me why I was not going to be married at his chapel—I told him that I had a wish to be married at Kensington—he said that he could marry me at his chapel privately—he knew at that time what my religion was—nothing was said at that time about my religion—he said that he could marry me with the certificate that he had got from Coatley—that was the certificate that had come from Mr. Cornell—when he said he could marry me privately at his chapel, I said, "If so, I must get a certificate from Fulham-fields"—he said, "Oh, no, that don't signify; I will marry you with this one; I will marry you privately"—he then had the certificate in his hand—I told the prisoner that I was a Protestant, and was always brought up as a Protestant—he told me that he could not marry me without I turned to his religion, and that I

must confess to him; and be baptized, before I could be married in his religion—I agreed to that—I was within two months of my confinement at that time—I had told him that—I consented to change my religion, and I was baptized.

Q. When you had confessed, and had gone through what he called being baptized, what took place? A. It was in the evening, as late as between 9 and 10 o'clock, and the Doctor (the prisoner) asked us whether we had sufficient money to pay the fees, 10s. 6d.—he asked us 10s. 6d.—we had but 6s. between us, and he said, "I will not marry you to-night; so come down in the morning, and I will marry you; come as privately as you can; you must not both come together, or persons will know what is going to be done."

COURT. Q. You were very big with child, were you not, at that time? A. Yes.

MR. BALLANTINE. Q. Did you go the next morning? A. We did, between 8 and 9 o'clock; that was the 8th Sept.—we went to St. Thomas's Chapel—I went with Coatley's father—Coatley went before me—I went into the chapel, and saw Dr. Ferguson at the altar, attending mass—he was dressed in white—he did not see me when I first went in-—he saw me after mass—he left the altar, and went into the vestry-room; and after part of the congregation leaving the chapel, he came out, and beckoned me in—I went into the vestry, and Coatley followed me—Mr. Ferguson then closed the door, and fastened it, and Coatley paid the lees—the prisoner then took up a hook, and began to, read something in Latin—I could not understand what it was—I believe it was in Latin—there was nobody in the room then but the prisoner, Coatley, and myself—when he began reading, Coatley interrupted him, and asked if his father might be admitted—Mr. Ferguson said, "There is no need of it, but if you have a wish he can come in"—I was going to the door to let him in, and the Doctor told me to come back, and let Coatley go for him—Coatley then went to the door and let his father in—the door was fastened by a little bolt underneath the handle of the door—when Coatley's father came in the Doctor closed the door again, and then went on with the ceremony, from the same boot—I did not understand all of it—there was some English—I had to repeat after him, "I take thee, Thomas Coatley, for my wedded husband;" and Coatley had to repeat after him, "I take thee, Hannah Sarah Steele, for my wedded wife"—Coatley then put a ring on my finger, and Dr. Ferguson put a shitting into my hand—he asked Coatley for the shilling, and Coatley gave it him, and he repeated these words, "Gold and silver I thee give," and it was crossed with water—Dr. Ferguson said those words—Coatley did not repeat those words—10s. 6d. was paid—the prisoner appeared to be dressed the same in the vestry-room as he was at the altar—he then let us out a the door, and told us not to go through the chapel, that the people who were there might not see—some few days after the marriage Coatley and his father both left me—in consequence of that I went to the prisoner, and told him that Coatley had left me, and asked him for a certificate of my marriage—he wrote one, and gave it me—this is it (produced)—he took it from a book, on a desk in the vestry-room—he cut it from the book—(read: "These are to certify that Thomas Coatley and Hannah Steele were married, on the 8th day of September, 1853. T. T. Ferguson, D. D. 16th Sept, '53")—I showed that certificate to my friends—I afterwards went again to the prisoner, and told him that my father would not believe that I was married, and that he said it was not a proper certificate—he said that he could not give me any other,

and he gave me a shilling, and told me to say nothing about it—this (produced) is the paper that I received of Mr. Cornell—(this was a notice of the intention of the parties to be married, at the Catholic Chapel in Holland-street, Kensington)—the certificate that was left with Mr. Ferguson was a certificate to be married at Holland-street Chapel—(Henry Bailey, policeman T 250, proved the service of a copy of a notice to produce the certificate, upon a servant at the prisoners house)—I afterwards made a communication to the parish officers, and the Board of Guardians directed this prosecution.

Cross-examined by MR. SERJEANT SHEE. Q. You had known Coatley above a year, I suppose? A. Yes; I had not been a great deal in his company—he was allowed by my mistress to come and see me once a week; sometimes I saw him twice a week—I did not know from the beginning that he was a Roman Catholic; I never knew it till I went to his mother's a month before I was married—his mother is a Roman Catholic—I had no talk with his mother about the Roman Catholic religion, nor yet with him; he never named it to me—he never named to me that he was Irish, or that he was a Catholic—I asked him what religion he was when he came to see me—I asked him several times—he went to a Protestant church with me, and he always told me he was a Protestant, and his friends too—I do not know whether he attended Holland-street Chapel—he lived at Mr. Miller's, a baker's, at Brompton—his mother lived in Garden-row, Walham-green, Fulham—I do not know what chapel he attended—he used to come to see me every Sunday, sometimes the whole of the day, and sometimes not till the afternoon—when I went to Dr. Ferguson, he told me it was necessary that I should be instructed in the Catholic religion, before I was married in that religion—he gave me several books—that was before my marriage—he told me that he could not marry me without I turned to his religion, and I said then that I would turn to his religion.

COURT. Q. How long was this before 8th Sept? A. This was in Aug.—I did not leave my situation till 7th Aug., and I was married on 8th Sept.—I did not go to the prisoner's, till about a fortnight after I left my situation—I was instructed by means of books, between that and 8th Sept.—I read them—I looked at them once or twice.

MR. SERJEANT SHEE. Q. After you had read those books, you told Dr. Ferguson that you were willing to become a Catholic, and to be married by him? A. No; I never said that I wished to be married by him, I always said quite different to that—I did finally consent to be married there—he had Coatley in the vestry room, and Coatley came out and told me that he would not marry me without I was married by Dr. Ferguson; that was the night before the ceremony; but Coatley always had a wish to be married at Kensington—Dr. Ferguson saw him, and asked him to send me to him—Coatley told me so—Coatley did not tell me he did not wish to be married at Kensington, on account of my being so big with child—he always wished to be married at Kensington, and so did I till the night before the 7th Sept.

(MR. SERJEANT SHEE submitted that the prisoner had committed no offence within the Act of Parliament, upon which this indictment was founded; (6 and 7 Wm. IV., c. 85); that he had admininistered the sacrament of marriage according to the discipline of the Roman Catholic church, there was no doubt: but that was a thing which always had been done, and which he contended might be done without necessarily celebrating any valid marriage, or a marriage which rendered him liable to any of the Acts passed upon this subject. The learned counsel reviewed the provisions of the various Acts, and urged that by the 20th Sect. of the Act in question, it was expressly provided

that in order to constitute a valid marriage, the parties should solemnly declare that they knew of no lawful impediment to their marriage, and without that form, there could be no marriage under this statute.) (MR. BARON ALDERSON considered that, according to that argument, Dr. Ferguson had only increased his offence, because he ought to have taken care that the parties' did make that declaration; the omission to do that, if that was necessary, would be, the unduly celebrating a marriage, which was the offence here charged.) (MR. SERJEANT SHEE stated, that the ceremony was performed by Dr. Ferguson to prevent the parties from living in sin.) (MR. BARON ALDERSON had no doubt that in performing this ceremony, the prisoner had satisfied his conscience as a Roman Catholic priest, that he had celebrated a marriage which was perfectly good and valid, according to the rites of that religion; but this Act of Parliament, leaving him at perfect liberty to do that, required that certain particulars should be observed, in order to protect the parties themselves, and their children, should they have any.) (MR. SERJEANT SHEE stated, that Dr. Ferguson would, of course, be most ready to conform to the law, when it was distinctly laid down.) (MR. BARON ALDERSON directed the Jury to find a verdict of GUILTY. The simple point was, that Dr. Ferguson had married the parties in St. Thomas's Chapel, whereas the marriage ought to have taken place in Holland-street Chapel; and that he had knowingly and wilfully done it, was evident from the fact of his having the certificate before him at the time, which certificate was for Holland-street Chapel.) (MR. SERJEANT SHEE inquired whether the point might be reserved.) (MR. BARON ALDERSON could not do so, as neither himself, or Mr. Baron Martin, had the slightest doubt upon the subject.)

GUILTY .—( To enter into his own recognizances in 500l., to appear and receive judgment when called upon. )

Before Mr. Baron Martin.

Reference Number: t18541127-31

31. JOHN CROW ,feloniously uttering a forged 10l.—note, with intent to defraud.

MESSRS. CLARKSON and BAYLEY conducted the Prosecution.

JOSEPH BULL . I am a commission salesman to Mr. Russell, a pawn-broker, at No. 10, High-street, Shoreditch. I have known the prisoner nearly eight years; he is a bird cage maker—I have had dealings with him on and off for the eight years that I have known him—I have frequently bought bird cages of him—on 17th Oct. he came to the front of our shop, between 3 and 4 o'clock in the afternoon—he asked me if they could oblige him with change for another 10l.-note—I said, "I dare say they will; if you will step inside I will ask;" he went inside, and I followed him—I asked the managing man behind the counter if he, could spare cash for another 10l.-note; this produced is it—he presented it—I can swear to it by my own writing—Young, the managing man, said, "Yes"—I handed my pen to the prisoner to sign his name; he signed, "John Crow," and I put the date underneath—I see his name and the date here—the foreman then brought ten sovereigns, took the note, and placed it in the till, and the prisoner left—on the previous day, 16th Oct., the prisoner came between 3 and 4 o'clock in the afternoon, and asked me if they would oblige him with change of a 10l.-note—I said, "I dare say they will, if you will step inside I will see"—he went inside, and I followed him, and asked the foreman if he could spare the cash for a 10l.-note; he looked and saw who it was that was with me, and he directly said, "Yes"—I handed the prisoner my pen to sign his name; he did so, and I signed the date underneath—I asked if he knew the party whose name was on the back—he said, "Oh,

yes!" I have known him eighteen months, and have done business with him—I asked where he lived; he said that he kept a shop over in Lambethmarsh—the ten sovereigns was then given him, and the note was taken away and placed in the till—this is the note (produced)—I also asked him on the 17th, if he knew the person from whom he got that note—he said he had known him for about fifteen or sixteen months, that he had continually sold him goods, and he kept a shop in the New-cut—that was John Cross—on 18th Oct. my master, Mr. Russell, brought me both the notes, and in consequence of what he told me, I went to the prisoner's father's house in Booth-street, Spitalfields; from that I learned nearly where to find his residence, I went there; I did not find him at his house, but at a chandler's shop in the neighbourhood; he was drinking a glass of ginger-beer—I waited outside for him, and then said, "Well, John, about these notes I—he said, "What is the matter with them?"—I said, "I don't know; Mr. Russell has brought them to me this morning, and says he shall look to me for the money, they are no use to him, and we must have the money for them"—he again asked me if they were wrong, or if anything was wrong with them—I said, "I do not know; you had better come with me to Mr. Russell, down at the shop, he is waiting there;" with that he accompanied me to the shop, but Mr. Russell was gone—previous to arriving at the shop, I asked him what he had done with the money—he said that he had been in arrears, and he had paid his debts—after we got to the shop, he said that we had better go together down to his mother's—when we got there we arranged to meet in the afternoon to see the father, by the mother's wish; as we were going from the shop to his mother's, he frequently asked me if I thought the notes were bad; and once he said, "If they are, I shall be entirely ruined for life"—I left him at his mother's house; I got the assistance of a police sergeant, and accompanied him to the Bank of England, where we proved that the notes were forgeries—we then saw the prisoner's father at his situation, and we kept in company with him until about 5 o'clock, when we took the prisoner into custody at his own house, in New-street, Bethnal-green.

Cross-examined by MR. SLEIGH. Q. During the eight years you have known the prisoner, have you ever heard the slightest imputation upon him? A. It never came across me to hear of it; I cannot say that I ever did—it was between 11 and 12 o'clock in the morning of the 18th that I first went after the prisoner, in consequence of having discovered that the notes were forgeries—he was not given into custody till nearly 5 o'clock in the afternoon—it was not when I told him the notes were valueless, that he said cross had a shop in the New-cut; it was on the day that we changed the notes—this is not the first time that I have ever made that statement—I am sure it was when he brought the notes, that he told me the names of the persons from whom he got them; I might have asked him the same upon another occasion also, but on my oath, I asked him the names when he paid the notes to me—I cannot exactly say whether this is the first time I have stated so—he never told me that he did not know where they lived; he told the officer so; I heard him say so when he was taken into custody—he did not tell me that it was eighteen months since he had had any previous transactions with them—he did not tell me that they were hawkers, and he did not know where they lived; but that when he last knew either of them, it was about eighteen months ago, and then one lived in the New-cut, and the other in Lambeth-marsh—he did not tell me before he was taken into custody that they were hawkers, and that he did not know where they lived—he told the constable so in my presence, when he was taken—

he had made an appointment to go to Mr. Russell's at 3 o'clock that afternoon—I cannot say whether he kept that appointment, no one can prove it—I was not there to meet him—I did not hear from Young, or any one, that the prisoner had called there at 3 o'clock—when he was taken into custody he was at his own house; he was not then engaged at his work, cage making; he was quite clean, ready to start out as I knocked at the door—that was about 5 o'clock—he stated that he had received each note in the course of his business; he said that one man had bought cages of him to the amount of 4l. 12s., and that he had given him the difference; and the other had bought goods from him, amounting to over 5l., and he had given him the change—when I went to his mother's in the afternoon, she told me that he had gone to keep the appointment with me at his master's, and that he was then at his own place waiting for me—I went there and found him—he lived about seven minutes' walk from my master's, and about the same distance from his mother's.

CHARLES BERESFORD YOUNG . I am assistant to Mr. Russell I have known the prisoner for the last three months, only by sight—he had been several times to our shop before 16th Oct.—I remember his coming between 3 and 4 o'clock that afternoon—Bull came in with him, from outside—Bull asked me if I could get change for a 10l. note—I said I could—the prisoner laid a 10l. Bank of England note on the counter—this (produced) is it—I looked at the back of it, and saw the two names that are now upon it—that was after Bull had given the prisoner a pen, and he had written something upon it—I then took the note to the till, and gave the prisoner ten sovereigns for it—I did not hear Bull ask him where he got the note—on the following day he came again, about the same time—Bull came in with him, and asked if I could oblige Crow with change for a 10l. note; I said, "Yes"—Bull told him to write his name on the back of the note, and gave him pen and ink for that purpose—he did so this is the note—I received it after he had written his name upon it—the name of John Cross was at the top, and John Crow underneath it—Bull wrote the date—I then gave the prisoner ten sovereigns, and put the note into the till—the other 10l. note that I had received the day before was also in the till—there was no other note there, nor any other in the house at that time—next day, the 18th, Bull came again into the shop with the prisoner—they were in conversation together; but I was busy at the counter, at the time, and did not attend to it—I did not then know that the notes were supposed to be forged—I had never changed notes for the prisoner before.

JAMES EVES (policeman, H 14). On 8th Oct., Mr. Bull came to the station, and brought two notes—I went with him to the Bank of England—in consequence of information, I went in search of the prisoner, and apprehended him in New-street, Bethnal-green; not in his own house, but in the street—I said to him, "About those notes you passed on Mr. Bull; they are forged"—he said, "Are they f—I said, "Yes; where did you get them from—he said, "I took them in the way of business"—I said, "From whom?"—he said, "One from Mr. Crowley,' and one from Mr. Cross"—I said, "Where do they live?"—he said, "I do not know; they are hawkers"—I then told him he must go to the station—I took him there, searched him, and found 3s. 9d. on him—I have made inquiries, in the New-cut, for a person of the name of John Cross, but I have not been able to find a person of that name—I inquired for a person of the name of Crowley, in Lambeth-marsh—I could not find any person named Crowley—I found a person named Crawley, in the New-cut, and he is, here—I inquired for

both Cross and Crowley at both places—I searched the prisoner's house, but found nothing.

JEREMIAH THOMAS CRAWLEY . I am an upholsterer, in the New-cut. I do not know the prisoner—I never gave him a Bank note of any kind—I know of no other person in the New-cut of the name of Crawley, or Crowley, and have not heard of such a person—I have been in business there about twenty-six years—I do not know any person there of the name of John Cross—I have made inquiries, and there is no such person—hawkers may come there from different parts, but there are no shopkeepers there of those names.

WILLIAM HIDE (policeman, L 138). I have been acquainted with the neighbourhood of Marsh-gate, Lambeth, for seven years—I have made inquiries there for a shopkeeper of the name of Crowley, or Cross, and there is none.

WILLIAM WYBURD . I am an inspector of notes at the Bank of England. These notes are forgeries in all respects, and are both from the same plate.

(The prisoner received a good character.)

NOT GUILTY .

Before Mr. Baron Alderson and the First Jury.

Reference Number: t18541127-32

32. JAMES WRIGHT, alias Edward Dobson , feloniously uttering a forged 5l. note, with intent to defraud.

MESSRS. CLARKSON and BAYLEY conducted the Prosecution.

JOHN PERRY . I am a livery stable keeper, and live at No. 18, Swan-street, Borough. On 8th Nov., the prisoner came to my house, with two others—one of them, named Smith, engaged a horse and cart for two hours, for which he paid me 5s., and if they were longer he was to pay me more—he said it was either for Stratford or Mile-end-road, I do not know which—I went with them to a public house, and had a glass of ale—I was called to the yard, and left the horse and cart with my ostler—I did not see them start—the horse and cart was not returned; I had to fetch it from the station house—I have never been paid for it—I have not seen the two men since.

Cross-examined by MR. RIBTON. Q. Was the horse and cart brought back to you the same night? A. No; I fetched it from the police station next day—I received information, about eight o'clock in the morning, from a policeman from the Leman-street station—I was not examined before the Magistrate.

COURT. Q. Was your name on the back of the cart? A. On the shaft.

JOSEPH TATHAM . I am a tin plate worker and brazier, at No. 22, St. George's-street, Ratcliff-highway. On Wednesday afternoon, 8th Nov., I think between 5 and 6 o'clock, the prisoner came in a horse and cart—my lad, Griffiths, went out to mind the horse, and the prisoner came into the shop—he asked me the price of a still—there was one in the shop—I told him it was 4l. 10s.—he said, "Get it packed up for me"—he went to the cart, and brought a horse cloth and a carpet to pack it in—whilst I was packing it, the prisoner was sitting in my parlour, with my wife—he remained there, it might be, an hour—after it was packed, it was put into the cart—before that, the prisoner gave me a 5l. note—this (produced) is it—I can swear to it—I asked him to put his name to it—I gave him a pen and ink, and he wrote upon it, "James Wright"—here is the name he wrote—I said I had not got change—he said, "Well, I will go and get half a pint of gin"—I said, "While you get the half pint of gin, I will get change for the note—we went out of the shop together—the still was put

into the cart directly after be gave me the note—the prisoner put it in—he went towards a public house, and I went to a neighbour, a shoemaker, opposite—I was not there half a minute—I asked if he could give me change, and he said he had got none in the house—I did not show him the note—when I came out of my neighbour's, I saw the prisoner mounting the cart, and driving off—I pursued after him—I did not call out to him—I over-took him near the London Dock—I caught the horse by the head, and he said, "Halloo! Leave go of my horse's head, or else I shall knock you down"—I said, "No, you won't; I will either have my goods or the money"—he said, "I have paid you"—I said, "Yes, with a bad note"—he said, "No, with a good one; give me the note, and I will get it changed"—I said I should not part with it—I bad not given him the change—the policeman, Chapman, came up, and I gave him in charge—he was taken to the station, and I delivered the note to the inspector.

Cross-examined. Q. Was the name written on the note before be drove away with the still? A. Certainly; he wrote it in my parlour—the still did not make a very large parcel, about two feet two inches in height, and twenty inches in diameter—I did not particularly notice the cart, it was an open cart—I did not see the name on it—he gave me the note, before he pot the still into the cart—I was not out of the house above a minute, Wore I saw him driving off.

MR. CLARKSON. Q. Did you part with the note until you gave it to the inspector? A. I did not.

THOMAS GRIFFITHS . I am shop boy to Mr. Tatham. On 8th Nov., the prisoner came to the shop—he told me to mind the horse and cart, and I minded it about an hour and a quarter; I saw him come out of the shop with a copper; be put it into the cart—he bad an empty bottle, be gave it to me, and told me to go over to the public house and get half a pint of gin—I went and when I returned he was gone, and my master after him.

Cross-examined. Q. What time of day was this? A. About 7 o'clock.

JAKES CHAPMAN (policeman, H 80). On Wednesday evening, 9th Nov., I was in St. George's-street, Ratcliff-highway, between 8 and 9 o'clock, and heard a cart rattling along—I stopped and listened, and in about two minutes I went and found the horse and cart standing still—the prisoner was out of the cart holding the horse's head, and Mr. Tatham was there also—the still was in the cart—I beard the prisoner say something about a note that he had given Mr. Tatham—Mr. Tatham said, "Yes, but it was a forged one"—I went up directly and saw the prisoner with his hand up, shoving Mr. Tatham away—I asked Mr. Tatham, whether he bad taken a bad note—he said, "Yes," he believed it was—I said, "Will you give him into custody?"—he did so—I said to the prisoner, "You must go to the station, and if it is a bad note you will be detained, and if not you will be set at liberty"—he said he would not go, and be wanted Mr. Tatham to give him the bad note back again—Mr. Tatham said he would not—I asked Mr. Tatham to show me the note, and I saw the name of James Wright, written on it—another constable came up, and I asked him to take the cart, and I took the prisoner—as we went along, he asked me how I thought he would get on—and he said, "Make it as easy as you can, and I will give you a shilling or two, or two or three, or three or four; I won't stand to a shilling"—I told him, he must ask the inspector about that—he then asked to walk on one side of the cart, and me on the other; to walk by himself; the other policeman was leading the horse—I told him to come with me, and walk behind the cart to see that nobody took anything out—

he said, "No, you walk on one side of the cart, and I will walk on the other"—I said, "No," when I had charge of a prisoner, I made sure of him—he made no answer to that—he afterwards said that he had got another note in his pocket, and that might be a bad one—he was searched at the station, and 2s. 5 1/2 d., and a good 5l. note found on him; I heard him asked his name, and he said James Wright—he was asked where he lived, and he said No. 21, St. Andrew-street, near Horsemonger-lane gaol—he was then locked up, and the horse and cart was taken to the greenyard—next morning I went to No. 21, St. Andrew-street, and inquired for Mr. Wright—I could not find that name—I gave a description of the person to Mrs. Davies, the landlady, and then learnt that his name was Dobson—I searched the place—I found a desk there—I brought it away—I have the contents here—I took the desk to the station—the prisoner said it was his desk, but there was nothing in it to hurt him—I met the prisoner's wife close against the station house gate, and in consequence of her request, I permitted her to ride in the cab with the prisoner to the police court—on the way she said to him, "Edward, you have been duped into this, you have been led into this by others"—he told her to hold her tongue, and not say anything, for he should not—on returning from the police court I examined the desk, and found a deed of apprenticeship in it, of Edward Dobson to Isaac Dobson, his father—the name of Perry was on the cart—it was the same cart that Mr. Perry got from the greenyard next day.

Cross-examined. Q. Before you saw the name on the cart, did the prisoner tell you to whom it belonged? A. I believe he told the inspector.

COURT. Q. Was the address on the cart? A. Yes.

ELIZABETH DAVIES . My husband is a wheelwright, at No. 21, St. Andrew-street, Horsemonger-lane; the prisoner lodged with me—he went by the name of Dobson.

WILLIAM WYBURD . I have examined this note—it is a forgery in every respect.

GUILTY . Aged 34.— Transported for Fifteen Years.

(Charles Kingaby, a publican, deposed to the prisoner's character.)

NEW COURT.—Wednesday, November 29th, 1854.

PRESENT—Mr. RECORDER; Mr. Ald. FINNIS; and Mr. Ald CARTER.

Before Mr. Recorder and the Fifth Jury.

Reference Number: t18541127-33

33. GEORGE GARDNER , unlawfully obtaining goods by false pretences.

JOHN BISSELL . I am in the employ of Mr. Edward Ashby, who is an ironmonger, at Staines. The prisoner came to the shop on 26th July; he said he wanted a dozen reaping hooks of a middling size, for Mr. Williams, of Laleham—I asked him if he was in Mr. Williams's employ; he said, yes, he was, and he had been in his employ about five weeks—I served him with the reaping hooks, and asked him his name; he told me it was Davies—the officer has four of the hooks (produced)—here are the marks on the handles, which we mark when they come in.

Prisoner. What he states is false, these hooks I bought; I was not at Staines on 26th July. Witness. I am sure he is the man—I had not seen him before—I have a lad in the shop who knows him well—I have now heard the prisoner speak—I have not the slightest doubt that he is the man.

THOMAS WILLIAMS . I am a farmer, and live at Laleham. I do not know the prisoner, he was never in my employ—I never authorised him to get any hooks for me.

WILLIAM ATTER (police-sergeant, T 27). I was on duty at Staines, and in consequence of information, I went to get some reaping hooks—I found these four of them in possession of different persons in the neighbourhood of Shepperton—two of the persons I got them from were William James, and Thomas Williams; I do not know the names of the other two persons—I found the prisoner afterwards in Abingdon gaol—I found nothing on him.

Prisoner. I sold four reaping hooks at Shepperton, whether these are them I do not know; I bought them at Chertsey, and gave 6s. for them.

JOHN BISSELL re-examined. There was only a boy in the shop when the prisoner came—he is not here; I did not think he would be required.

JURY. Q. How do you know these hooks? A. We mark them all—these two strokes are the mark—I did not see the marks made—our man did them—they are Purcell's make.

NOT GUILTY .

Reference Number: t18541127-34

34. JOSEPH PEAK , stealing 2 heifers, value 25l.; the property of Joseph Baxendale: to which he

PLEADED GUILTY . Aged 34.— Confined Six Months.

Reference Number: t18541127-35

35. HENRY MASON , embezzling 5s.; the moneys of the Eastern Counties Railway Company: to which he

PLEADED GUILTY . Aged 19.— Confined Six Months.

Reference Number: t18541127-36

36. WILLIAM GENTRY GARLETT , stealing, on 23rd. Sept, 10l., on 6th Oct, 10l., on 9th Oct., 10l., on 16th Oct., 10l., and on 19th Oct, 10l.; the moneys of Alfred James Waterlow and others, his masters: to which he PLEADED GUILTY . Aged 26.— Confined Twelve Months.

Reference Number: t18541127-37

37. GEORGE MAIDMENT , feloniously uttering 2 forged receipts for 14s. each, with intent to defraud.

MR. ROBINSON conducted the Prosecution.

JAMES PULLEN . I am in the employ of Mr. William Thomas and another, warehousemen, No. 128, Cheapside; they have a small shop in Gray's Inn-lane, the prisoner lived at that shop. On 1st Nov. the prisoner called at the warehouse, in Cheapside; he had two pieces of paper in his hand, and he said, "I want 28s. for land tax"—I said, "Leave the receipts"—he said, "I will not leave you the receipts till such time as I have the money"—Mr. Lewis Thomas was standing by, and he inquired what Maidment wanted; I told him he had applied for a tax, and Mr. Lewis Thomas made the reply, if it was their tax it must be paid—with that I went with the prisoner to another part of the warehouse, and he showed me the receipts—he held the receipts in his hand, and there appeared like 14s. on each receipt—I gave him the money, and he handed me over these receipts—he went away—I did not see this indorsement on the back of these receipts before I paid the money—I paid it out of some money I had received—I looked at the figures again, and they had the appearance of being altered—I drew Mr. Thomas's attention to it, and told him what I had done, and he desired me to go to the tax collector and make inquiry—I looked at the receipt in the presence of the prisoner; he had before asked me for the money for the land tax, and I said, "I see it is for property tax," and he said, "Yes, it is."

Cross-examined by MR. MEW. Q. How long have you lived with Mr. Thomas? A. About seventeen years—the rent of the prisoner's house was 40l. per annum.

WILLIAM THOMAS . I am partner with my brother Lewis; we are ware-housemen in Cheapside; I am owner of the house, No. 113, Gray's Inn-lane. I do not know how long the prisoner had been in possession of that house; my brother has the management of it—when the prisoner left the house, there was 6l. 13s. 4d. due for rent—I do not know whether application was made to the prisoner for that; Mr. Pollen had the business in his hand—there was a summons sent in for fixtures; I never knew what was the amount—I did not see the receipts on 1st Nov.—my brother did, and I called on the prisoner on 2nd or 3rd Nov., to ask him how it was he had paid 28s. for the property tax, when the rent was 40l. a year, it would not amount to that—he said that he had paid it, and he had always paid the same amount; and in addition he had paid 5s. 6d. to the broker's man, which, if I did not pay him, he would immediately take out a summons and compel me—I told him I did not believe that he had paid it—he reiterated again that he had paid it—I told him I had sent to the tax collector, who had stated that he had only paid two 1 1s.—he said he did not care what the collector said, he had paid the 28s. and the 5s. 6d. which he should make me pay—he was very intemperate, and very abusive—I said either the Government officer or he had stated what was not true, and it must be inquired into—I sent for a policeman, and gave him into custody.

Cross-examined. Q. Did you take the policeman in with you? A. No; I had never seen the prisoner but once before in my life—there had been no misunderstanding between us—I think it was his ignorance more than anything else that made him so abusive—he did not tell me he had put up some fixtures—I know under what tenancy he held, because he applied to me about the tenancy, but I did not let it to him—he had rented the shop of the previous tenant, and that tenant died, and he took the house—he paid the rent monthly—I refused to let the house unless he did—when I called on him in reference to these two receipts, he did not tell me that he had paid 2l. 6d. in all—he did not say that he had charged me 1l. 8s., including the expenses—he said he had paid the two 14s., and he had paid, in addition, 5s. 6d.—he never made mention of any other sum whatever—I had summoned him for the rent, and he put in a claim about the fixtures—he was nonsuited about that, and he paid the rent—that was a month or six weeks before this transaction.

JAMES PULLEN re-examined. Q. You were the collector of this rent? A. Yes; the prisoner's rent was due on the 25th of the month—sometimes he paid it a fortnight or three weeks afterwards—till at the last there were two months' rent due—he is a saddler and harness maker—he kept a shop.

THOMAS WILLIAM CONSTANTINE . I am collector of the taxes for the district of Gray's Inn-lane. I made application at the prisoner's house for sums several times—I was not able to get them—the first of these receipts was due on 20th Sept., 1853, and the second on 20th March, 1854—I took Mr. Pullen, a broker, there, and gave him these two receipts—there was then 11s. on each—I have been collector there nearly two years—I have never known the collection to be 14s. for the half year—the first collection was 1l. 3s. 4d.—I think the Commissioners made a reduction in consequence of Mr. Thomas's paying the land-tax—if these receipts have been altered to 14s., it was not done by my knowledge—I was present when the levy was made—I left the man in possession.

Cross-examined. Q. Did the prisoner give any reason for not paying? A. When I took the broker, on 31st Oct., he then stated that the rent was paid; but when I applied on 19th Sept, he promised to pay in two or three days—when I took the broker, the prisoner seemed very much annoyed—he told me to call on Mr. Thomas for the money—I left my receipts in the broker's hands from 19th Sept. till 31st Oct., and he called, I believe, two or three times.

JAMES PULLEN . I am a broker and appraiser; I live in North-street, Red Lion-square. I went with the last witness to the prisoner's house—I had demanded the taxes—I had called at least a dozen times.

COURT. Q. Were the goods sold? A. No; the money was paid, 1l. 2s., and 5s. 6d. expenses.

Cross-examined. Q. Was there nothing else? A. Yes; there was another tax paid, the house tax, 13s.—2l. 0s. 6d. was paid altogether—the property tax was 1l. 2s., and the levy was 3s.; the house tax was 10s., and the levy on that was 3s.; and the man, 2s. 6d.; total, 2l. 0s. 6d.

(The prisoner received a good character.)

GUILTY.— Recommended to mercy by the Prosecutor and by the Jury, who stated they thought he had done it to get hit expenses back.—Judgment Respited

THIRD COURT.—Wednesday, November 29th, 1854.

PRESENT—Mr. Ald. HUNTER; Mr. Ald. ROSE; Mr. COMMON SERJEANT; and RUSSELL GURNEY, Esq.

Before Russell Gurney, Esq., and the Seventh Jury.

Reference Number: t18541127-38

38. JAMES SHAW , embezzling 1l. 0s. 3d.; also, 6s.; the moneys of Frederick William Benton, his master: to which he

PLEADED GUILTY .* Aged 16.— Confined Twelve Months.

Reference Number: t18541127-39

39. WILLIAM HENRY KENT , embezzling 18l. 1s. 4d.; the moneys of George Symes Peart, his master: to which he

PLEADED GUILTY .— Confined Six Months.

Reference Number: t18541127-40

40. MARY WEBSTER , stealing 1 watch, value 6l.; the goods of Thomas Maw, from his person.

MR. HORRIDGE conducted the Prosecution.

THOMAS MAW . On 4th Nov. I was crossing from Cornhill to Princes-street, by the Bank, and the prisoner met me, walked by my side, and asked where I was going—I said I was going home—she asked me if I would go with her to any house—I told her I would not—I walked a little way up Coleman-street, and she proposed that I should go up a court with her on the left hand side, which I was fool enough to do, I am sorry to say—I had my left hand through her pocket hole, and she drew me closer to her, and then made a hard scream, and ran off, and I found my watch was gone—I pursued her as hard as I could—as I came out of the court I was met by a man in black, who stopped me, and asked me a question—I followed the prisoner, and saw her go into a fore court, inside some iron railings—she came out again in half a minute, and I took her into Coleman-street, and gave her in custody of a policeman.

Cross-examined by MR. COOPER. Q. How long were you with her before you went up the court? A. Not above five minutes, and not above two or three minutes in the court—she did not ask me for anything—I was to go up there for nothing—I did not take her to be a person of that description—I am married, and have a family—this is the first time I have done this—this (produced) is my watch, but the handle is off—it was fastened to this chain and to this black ribbon, which was round my neck—she did not say, "You rascal, give me a sovereign, or I will have your watch"—I told the man who stopped me of my loss—he is not here—I suppose he was an accomplice—I have never seen him since—I have not tried to look after him.

MR. HORRIDGE. Q. Did she give you time to give her any money? A. Not at all; she snatched the watch suddenly, and made a scream—when I gave her into custody, she said she had never seen me before, and did not know me at all.

FREDERICK STEPHENS (City policeman, 142). On Saturday, 4th Nov., I took the prisoner from the custody of Maw—I took her to the station—she refused to give her name and address.

Cross-examined. Q. Did not she say that she took the watch because the man did not give her some money? A. I never heard her say anything to that effect; she said that he refused to give her some drink, but nothing else—she did not say that he would neither give her drink or money, or that she held his watch till he did—she denied having the watch.

SUSAN GILL . I am searcher at Moor-lane police station. On Saturday, 4th Nov., I searched the prisoner—she resisted me—I succeeded in searching her, but did not succeed in finding anything, except 2s.—I sent for a medical man, and was present when he found a watch upon her.

THOMAS LLYOND . I am a surgeon, of No. 5, New Basinghall-street. On 4th Nov. I went to Moor-lane station to search the prisoner's person, and found this watch in her vagina.

GUILTY .* Aged 30.—Recommended to mercy by the Jury, on account of the conduct of the Prosecutor.— Confined Nine Months.

Reference Number: t18541127-41

41. ALFRED RAY , stealing 1 cash box, and other goods, value 2s., of Christopher Quille: to which he

PLEADED GUILTY . Aged 17.— Confined Two Months.

Reference Number: t18541127-42

42. GEORGE CREED , stealing 5s. 6d. in money; the moneys of John Edward Hanson, from the person of Emma Hanson.

MR. MEW conducted the Prosecution.

EMMA HANSON . I am the wife of John Edward Hanson, of No. 42, King-street, Borough-road. On 6th Nov., about a quarter past 3 o'clock in the afternoon, I was in Wellclose-square—Stebbing spoke to me—I felt in my dress pocket, and missed two half crowns, some pence, and a halfpenny with a hole in it—I had noticed that halfpenny, because I was going to give it to a Guy Fawkes two minutes before, but would not do so as it had a hole in it—this is it (produced)—I went up to the prisoner, laid hold of him, and said, "You have got my money"—while I had hold of him, I saw him pass his hand to another man with a flannel jacket, who was about as far off as he could reach—a mob had gathered round, and that man was among them.

Cross-examined by MR. LAWRENCE. Q. There was a mob all round? A. Yes; there was a Guy there on a horse—I was inside my sister's door, on the curb, looking at it, and the prisoner was standing down by my side, waiting for something at my sister's—I dare say there might be above fifty people there—there was a good deal of shouting and noise.

MR. LILLEY. Q. Did you notice bow long the prisoner was standing beside you? A. Directly after I pulled my money out to give the Guy a halfpenny I saw him—I had my child in my arms.

THOMAS STEBBING . I am a tailor, and work with my lather, at No. 10, William-street, St. George's. On 6th Nov., about 3 o'clock, I was in Wellclose-square, and saw the prosecutrix standing at the door of a bottle warehouse, with two other females, one on each side of her—the prisoner, and one or two more, came up and turned their backs to the prosecutrix—the prisoner put his hand into his coat pocket through a hole at the bottom of it, and into the gown pocket of the prosecutrix—I pointed out the prisoner to her, and saw her go across the road—I followed her.

Cross-examined. Q. Did you see the hole in his pocket? A. No; but I saw his hand come through it; there were no people round her at that time, but there were a good many in the square—I was about ten yards from the prisoner.

JOHN HOLMES (policeman, H 202). On 6th Nov., the prisoner was given into my custody by the prosecutrix, charged with stealing two half crowns, and some coppers—the prisoner said he had not been nigh the woman—I searched him, and found 3 3/4, and this halfpenny with a hole in it—Well-close-square is a town liberty.

Cross-examined. Q. Where is it? A. Part of it is in St. George's parish, part in St. Mary, Whitechapel, and part in Mother parish—the prosecutrix had hold of him when I took him.

Prisoner. I had a penny with a hole hi it as well as a halfpenny; I had 2 1/2 d. left after buying some cheese.

GUILTY . Aged 25.— Confined Six Months.

Before Mr. Common Serjeant:

Reference Number: t18541127-43

43. THOMAS BOWLER , stealing 1 hamper, containing 1 ham, 1 cheese, and other articles, value 2l. 12s.; the goods of Henry Wheeler and others, his masters.

MR. GIFFARD conducted the Prosecution.

JOHN GILBERT . I am a victualler and farmer of Groomedge near Warrington. On 12th Oct., I packed up a square measure hamper for my son, containing a Cheshire cheese, a ham, some jars of jam, and some apples and pears—it had handles at each end, and was covered with linen cloth—I gave it to my daughter, with directions to deliver it to Mr. Cunningham, of Warrington, who was to take it to London.

Cross-examined by MR. LAURENCE. Q. How was the direction fastened on? A. On a, card, stitched to the cloth—my daughter is not here.

JAMES CUNNINGHAM . I am a draper, of Warrington, On 12th Oct, I received from Miss Gilbert, a hamper with canvass stitched over it, to bring to London; it was to be sent to Mr. John Gilbert, junior, of Notting-hill—I arrived in London on the 13th, and took it to the Castle and Falcon, on the morning of the 14th, and delivered it to one of the porters; it had then my own address on it—I went and told Mr. Gilbert, junior, that I had a hamper for him.

Cross-examined. Q. You say that your address was on it; was that in addition to the other address? A. I had the address changed; my son took it off and put, "Mr. Cunningham, passenger to London," on it; it had that and no other address, when I left it with the porter—the original address was removed entirely, it was not covered by my own—there are two or three porters—I do not know the name of any of them; I spoke to a waiter as well.

JOHN WELLER . I am a porter to Dent, Alcroft, and Co., where Mr. Gilbert, junior, is employed—in consequence of something said to me, I went on 14th Oct., to the Castle and Falcon, and received a hamper with a canvass cloth over it, directed, "Mr. Cunningham, passenger, London"—I addressed it, "Mr. J. Gilbert, No. 2, Notting-hill-square," and left it myself at the office of Mr. Straker—I did not pay for it.

Cross-examined. Q. How did you fix on that address? A. I tied it on the handle with twine—it was written on cartridge paper.

DANIEL STRAKER . I am a tobacconist, of No. 14, Aldersgate-street; I keep a receiving house, No. 36 L, for the London Parcels Delivery Company. I know the prisoner; he has been in the employ of the Company as guard, and occasionally as driver of the vans—it was his duty to call for parcels from my office; he was on the extra cart which relieves that portion of the city—it was his duty to present the way bill, and I or my daughter enter it—my daughter occasionally makes out the way bills—this is the way bill (produced)—it is made out by my daughter—besides presenting the way bill, the prisoner examines the number of parcels delivered to him, and signs in the book for the number of parcels he receives—on this day the prisoner signed for four parcels, three unpaid, and one paid; it is signed, "J. Bowler"—it is part of my duty to take the particulars of parcels received at my office—the first parcel was a stone bottle and basket, addressed, "Massey, 2, Reading-villas, Islington;" the second was a parcel directed, "Harrisson, 5, Ayle-place, St. John-street;" the third, a hat box; and the 4th, a basket directed to Gilbert, of No. 2, Notting-hill-square—I delivered no parcel addressed to Mrs. Budd or Rudd, Euston station, to be left till called for.

Cross-examined. Q. Does anybody besides you and your daughter receive parcels? A. No; I have no partner—the prisoner has been at my house a great many times, and has been entrusted with hundreds of parcels—when parcels are too late for the afternoon collection, they are delivered the next day; they are never left for several days—I received the address on this parcel twice—I have heard of parcels being lost before, and do not know whether they were stolen.

MR. GIFFARD. Q. What time was it when these parcels were delivered? A. About 11 o'clock in the morning I delivered them myself to the prisoner—here is an entry on the waybill, of three parcels unpaid, and one parcel paid, corresponding with the entry in my book.

MISS STRAKER. Cross-examined by MR. LAWRENCE. Q. If your father is out, you receive the parcels? A. Yes; the men who come for them always have them on the same day if they come before the collection—the prisoner would not take this parcel to Notting-hill at once, he would have to take it to Rolls-buildings, and leave it there.

MR. GIFFAD. Q. You made out the way bill, and signed it? A. I did.

GEORGE WILLIAMS . I am a clerk to the Parcels Delivery Company, at Rolls-buildings. On 14th Oct., between 11 and 12 o'clock, the prisoner called over to me three parcels unpaid, and one paid, from office, No. 36 L, Mr. Straker's—he called them over not from a paper, but from the parcels themselves.

Cross-examined. Q. The prisoner brings them to your office? A. Yes; and they are sorted there—he has often been there with parcels; I have known him there some time.

JAMES JUDD . I am clerk to the Parcels Delivery Company, at Rolls-buildings. On 14th Oct., I saw a parcel there, directed to Mrs. Budd

or Rudd, Euston station, to be left till called for—this delivery way bill (produced), is in my writing, by which I find that the parcel came from Mr. Straker's office, No. 36 L, on Saturday, 14th Oct.—the bills are all dated—this leaf was a single way bill, but it has been bound up with others—this collection waybill does not pass through my hands; here is the prisoner's name upon it, but I cannot recognise his writing (Mr. Straker here stated that the signature was in the prisoners writing)—this is designated a parcel; it was a basket, and if my memory serves me, it was large enough to contain about a dozen of wine.

Cross-examined. Q. Were you before the Magistrate? A. I was—I receive a great many parcels from the branch offices—the parcels from many other offices were collected together in my office on this morning.

MR. GIFFARD. Q. Your course of business is to sort them according to the waybill, and to assign each particular man his district? A. Yes.

GEORGE CIRCUIT . I am a clerk to the Parcels Delivery Company, at Rolls-buildings. I produce the Notting-hill waybill for 14th Oct.—if there had been any parcel addressed to—John Gilbert, No. 2, Notting-hill-square, it would have been entered in this bill—here is no such entry.

Cross-examined. Q. If everything bad been done properly, it would have been entered; but I suppose parcels get lost in your office as well as others? A. There are parcels lost—if a parcel had come in with such an address on, it would have been entered on this waybill—parcels are sometimes taken out without a waybill, but the prisoner took his waybill with him on 14th Oct.

WILLIAM REYNOLDS . I am a clerk to the Parcels Delivery Company. I produce the waybill of 14th Oct.; here is no entry of a parcel received from the prisoner, addressed to Mr. Gilbert, of Notting-hill-square—the prisoner brought the first delivery—here is an entry of a paid parcel to Mrs. Budd, to be left at the cloak room, Euston-square—it came from office, No. 36 L.

Cross-examined. Q. You have known the prisoner, bringing parcels? A. Yes; I never knew anything against his character; he has been trusted with parcels of considerable value, both for collection and delivery—it was not his business to deliver this parcel, but merely to leave it at the office.

CHARLES YALDEN . I am a driver, in the employment of the Parcels Delivery Company. On the morning of 14th Oct. I received the waybill produced—I made the delivery waybill—finding that this was a pre-paid parcel, I went to the prisoner, as the person who had brought it, according to the number that was on the ticket—I went to the prisoner 8, at Rolls-buildings, for 2d., booking fee, as they will not secure parcels at Euston-square without that is paid—I took the parcel to Euston-square, and paid the 2d. to the porter—it was a square basket, with a handle at each end, and a cloth at the top of it—I should say it would contain the articles stolen.

Cross-examined. Q. What time did you take it from Rolls-buildings? A. About a quarter past 1 o'clock; a man took it, but I left it at the Euston station.

GEORGE FROST . I am a porter at the luggage department, Euston-square. On 14th Oct. I received from Yalden a square basket, with a handle at each end, covered with a cloth—2d. was paid for it—it was directed, "Mrs. Budd," or "Rudd, Euston station cloak-room; to be left till called for."

Cross-examined. Q. Have you never said that it was an oval basket? A. Well, I believe I did say that it was nearly an oval shape.

WILLIAM THOMPSON . I am a porter at the railway luggage department, Euston-square. On 14th Oct. a parcel, directed to Mrs. Budd, to be left at the cloak room, was in the luggage room, but I did not receive it—I did not see it on the Saturday evening, but I know that it was there by the date on the ticket—the ticket could not have been made out if the parcel had not been there—next morning, Sunday, I gave the parcel to a man who applied for it—I believe the prisoner is the man, but will not swear to him—the man said he had come for a parcel for Mrs. Budd, or Rudd, who could not come herself on account of her confinement—he signed this delivery book (produced).

DANIEL STRAKER re-examined. To the best of my knowledge, this signature is in the prisoner's writing.

THOMAS ANSCOMB (policeman, F 63). On 14th Oct. the prisoner was given into my charge—I told him that it was for stealing a basket of the Parcels Delivery Company—he said that he had received a basket from the Euston station; that he was taking a walk on Sunday morning, as usual, when a woman came up to him, and asked him if he would go into the luggage office, and get a parcel for her, as she had been there, and could not get it herself; he did not say for what reason—he said, "I went, and got it for her"—he said he had never seen her before; that the parcel had no name or address, but, to the best of his belief, had something sewn over the top.

(Cross-examined. Q. Where does he live? A. At No. 29, Burton-crescent; he has a wife, but lives with another woman.

JOHN GILBERT, JUN . I never received the hamper with all these good things in it.

Cross-examined. Q. I hope it is the first parcel you have lost? A: Yes.

(The prisoner's statement before the Magistrate was here read as follows: "I am quite innocent of the charge of stealing it; I was requested to fetch the hamper from Euston-square for a person, and as for the contents I know nothing about them; I took in the parcels on that Saturday; I collected four unpaid.")

GUILTY . Aged 33.— Confined Six Months.

Reference Number: t18541127-44

44. WILLIAM HALL , embezzling 1l. 2s. 6d.; the moneys of William Bradbury and another, his masters: to which he

PLEADED GUILTY. Aged 14.—(MR. W. J. PAYNE, on behalf of the prisoner, stated that he had pleaded guilty by the advice of his friends, who wished him to be placed in some institution, and not in a gaol. John Stokes, of No. 14, Green-street, Fetter-lane, gave the prisoner a good character.)— Judgment Respited.

Reference Number: t18541127-45

45. DANIEL RILEY , stealing 1 trowel, 1 hammer, 1 chisel, and other articles, value 4s.; the goods of John Roper.

MR. CAARTEN conducted the Prosecution.

JOHN ROPER . I am a bricklayer, and live at No. 16, King's Head-court, Norton Folgate. I was at work at No. 12, Bread-street, Cheapside—I took the prisoner as a labourer on Tuesday, 7th Nov.—he worked there that day, and returned on Wednesday—we finished the job about 11 or 12 o'clock, and I discharged him about that time, but, not having change, sent a party to the Bank while I went and had a pint or two of beer with the prisoner—he left, my company between half past 3 and half past 4 o'clock—he was then perfectly sober—I had left at the premises in Bread-street a

basket of tools and a handkerchief and scarf—the prisoner had no business on the premises after he left me—I had not sent him there to fetch my basket of tools—this hammer and plumb-bob (produced) are mine—I went to the premises between a quarter to 6 o'clock and a quarter past, but could not find my basket which I had left there safe at 12 o'clock, when I went away with the prisoner—I have not seen the handkerchief since.

Cross-examined by MR. HORRY. Q. How long were you and he in the public house? A. Till half past 3 o'clock—I was not with him all the time—I had to be in the warehouse, and I went back and found him in the public house again—I went round and had some dinner when I had paid him—we were not drinking all the time—we bad beer—I had no spirits—I cannot say whether he had—I had not known him before I employed him—I have not got all my tools back; there is a trowel missing worth 2s., and a handkerchief or scarf, and a hand cod.

PATRICK ALLEN . I am clerk to Mr. Jamieson, of No. 12, Bread-street, Cheapside, and was so on 8th Nov. Some repairs were being done there that day, and about 4 o'clock I was in my master's warehouse, and saw the prisoner going through the warehouse with a basket of tools in his hand—I took no notice of that, not knowing that he was discharged—he went away with the tools.

WILLIAM MURRELLS (City policeman, 447). On Monday, 13th Nov., between 9 and 10 o'clock, the prisoner was given into my custody—I took him to the station, and found on him these pieces of leather, which the prosecutor identifies—the prisoner gave his address No. 9, Ely-court, Holborn—I went there, searched the house, and found this hammer, plumb line, chisel, and other tools in a cupboard in the lower room—that was the address the prisoner gave me.

Cross-examined. Q. What is the 'distance between the house where you were doing the repairs and the public house? A. About 200 yards.

(The prisoner's statement before the Magistrate was here read as follows: "This man hired me at half past 9 o'clock on Tuesday morning; I worked till about 7 o'clock at night, and then till half past 11 o'clock the next day; he had no more to do, and told me to come to the public house and he would pay me, and he paid me 4s. for the time; we had three or four pints of beer, and some dinner, and a couple of pints more, or a pot, I do not know which, on that account, and he told me to go and look after his tools, and as he packed them I saw there was a lead trap in his basket; he put that in the scales and weighed it, put it under the rubbish, and afterwards put it in his basket; and he says, 'Look after the basket,' and I went and looked after the basket, and I got drunk and took the tools to my own house; a strange man picked up with me and took me home to my place; I sold the tools and got drunk with the money as well as my own, and so I did not come back, that's all; and this morning he met me and asked me about them, and I told him I knew nothing about them,")

(The prisoner received a good character.)

GUILTY . Aged 50.—Strongly recommended to mercy by the Jury and the prosecutor— Confined Fourteen Days.

OLD COURT.—Thursday, November 30th, 1854.

PRESENT—Mr. Baron ALDERSON; Mr. Baron MARTIN; Mr. Ald. FINNIS; Mr. Ald. KENNEDY; and RUSSELL GURNEY, Esq.

Before Mr. Baron Martin and the Third Jury.

Reference Number: t18541127-46

46. JAMES LAING , feloniously setting fire to the dwelling house of Samuel Glover Farebrother, with intent to injure him.

MR. MCINTYRE conducted the Prosecution.

JAMES WILLOW FLEMING . I am acting as foreman to Mr. Farebrother, a printer, in Bow-street. On the morning of 7th Nov., about 6 o'clock, I was awoke from my sleep by a loud noise in the house, and a cry of "Fire!"—I got on my things as quickly as I could, and rushed down stairs—I found an inner door open, which goes from the passage into the office—I found a very strong conflagration going on in a very large nest of drawers, used as a bulk, and containing papers—I then ran into the yard and got water as quickly as I possibly could—I threw it over the fire, and put it out with very great difficulty—Mr. Charles Farebrother came to my assistance, and a young man who lodges in the house as well—we had to tear the bulk to pieces, and had to tear up the plank, which was fastened to the floor, to get at it—on the left hand side I found another mass of fire, a quantity of paper and old bills quite in a strong blaze—I found the key of the door hanging in its usual place, where it had been the night before—I went down to the door and found that the lock had been taken off—I then suspected that the place had been set on fire wilfully—the Fire Brigade people came, and saw that it was all safely put out—I looked round the place to see if anything had been stolen, and, as far as we could tell, all was right—I afterwards saw the prisoner peeping suspiciously into the further window; I mentioned it to my employer, and went up stairs to put on my things, and in the meantime the policeman came to say that the prisoner had given himself up—this (produced) is the lock that was taken off the door—I have the key—the prisoner had been in Mr. Farebrother's employment, and had left about a week or fortnight—he had left us before, and been taken back again.

CHARLES BRINSLEY FAREBROTHER . I live in Bartlett-court, Bow-street, and am manager to my brother. On 7th Nov. I was awoke between 5 and 6 o'clock by my wife, who said the place was on fire—I immediately got up and dressed myself, and went over to the office—I there found Fleming with a pail, trying to throw some water on the flames—I assisted him, from the water butt—Jackson, who lodges in the house, came down; and between us we managed to put the flames out—I then went to the bottom part of the dwelling house, and found that some lighted paper had been thrown through a broken pane in the door—on the left hand side of the door was a number of bills which we kept on a file; if the fire had caught them no doubt the whole premises must have come down—the paper that was thrown in was a number of the "London Journals" pinned together; so that a person, by lifting himself up, could reach it to the gas light in the passage, set it alight, and then throw it in—I think that was the way in which it was done there—I cannot tell how the other part had been fired—the prisoner knew the premises well—he had been working with us—he had not been discharged—there was a dispute about their wages not being paid, and he and several more had left the employment—some of his wages had been stopped.

JOSEPH GOUGH (policeman, F 41). On the morning of 7th Nov. I was on duty in Drury-lane—about 8 o'clock the prisoner came up to me and said, "Policeman, I wish to make a statement to you"—I asked him what it was—he said, "I am the man that set fire to Mr. Farebrother's place this morning, in Bow-street"—I asked him if he was employed at Mr. Farebrother's—he said he was not now, but he had been, and that Mr. Farebrother owed him three weeks' work, which he had stopped, and he had done this through revenge, at the same time not intending to burn the place down, but to make a smoke to frighten them—after he got to the station he gave me this knife, and said, "That is the knife that I got the lock off the door with"—he said, "I threw the lock over the hoarding at the corner of the Lyceum theatre"—I afterwards went there and found the lock; it was identified by Mr. Farebrother.

Prisoner. I beg for mercy.

GUILTY . Aged 22.— Transported for Twenty Years.

Before Mr. Baron Alderson.

Reference Number: t18541127-47

47. ROBERT PATRICK GOLDING , feloniously accusing Thomas Eames of an infamous crime, with intent to extort money from him.

MESSRS. BALLANTINE and METCALFE conducted the Prosecution.

THOMAS EAMES . I am a collecting clerk in the service of Messrs. Barber, ironmongers, of Stanhope-street, Clare-market; I have been in their service fourteen years; I live at No. 20, Cecil-street, Strand. On 4th Nov., I was out collecting for my employers—I collected about 16l. or 17l., I forget the exact amount—a few minutes after 6 o'clock in the evening, I was in the neighbourhood of Drury-lane, and went into a urinal in Vinegar-yard, by the pit door of Drury-lane theatre—there are eight compartments to it, and an entrance at each end; there is a passage, so that persons can pass behind the compartments—at the time I was in, it was lighted with a gas lamp in the centre—there was plenty of light to see all over it, it was very light—there is an oyster shop immediately opposite, which is very brilliantly lighted—the outside lamps of that shop are considerably above the urinal, and they reflect a light into it—the stone which separates the urinal from Vinegar-yard, is higher than a man—I went into the second compartment from Brydges-street—there were other persons in some of the other compartments; I should say at least three—when I went in there was no one in the first or third compartments, nor in the fourth; there was a man in the fifth, that was the prisoner, and there were one or two persons in the others—whilst I was standing in the second compartment, I heard some one say, "I have just left work," and on looking round, I found that the prisoner had moved from where he was to the next compartment on my left, the third—I am sure I saw him in the fifth when I went in; I could not be mistaken—he was standing up as a person would who was using the place—I did not see him move, but I found him in the third compartment when I looked round—he said, "You can give me what you like, but I sometimes get 5s."—I said, "What have I to do with giving you money?" nothing more was said—he buttoned himself up and left—he was unbuttoned at the time; he was standing with his face towards the urinal; he turned his head round in addressing me, his person was in the compartment—he passed me, and went out at the Brydges-street end—I still remained in the second compartment; I am afflicted with a stricture, which causes me to be a long time; I staid I should think six or seven minutes after he had left—during that time he returned, and passed through the place, but took no notice of me, or I of

him; there was no room for him then, ail the compartments were full—he merely passed through, and never spoke to me or to any one; I came out at the Brydges-street end—that was the way he had gone out—I cannot say which way he came in the second time, but he went out at the Brydges-street end both times—I went into Brydges-street, which is merely three or four paces from the urinal, and as I was about crossing, the prisoner collared me, and said he would give me in charge for indecently assaulting him—I made him a reply, but in my agitation I cannot tell what I said, whether it was, "You scoundrel," or, "You vagabond, I never saw you," I really cannot say; it was something to that effect—I had seen him—when I looked at him as we were going along, I could see it was the same man—in less than two minutes, I should say, 100 persons gathered round; rather a rough lot—the prisoner was looking about for a policeman, and no policeman being in view, I said, "If you want to give me in charge, take me to Bow-street"—it was close by Bow-street—no policeman came, and I walked quietly with the prisoner to Bow-street, without any policeman at all—he held me by the collar all the way—there were several policemen standing at the door of the station—I walked into the police office—the prisoner gave me in charge at the door for having indecently assaulted him in Vinegar-yard—I did not while I was in the urinal, or at any other time, in any way indecently assault him, or touch him—(The prisoners statement before the Magistrate was read as follows:—"All what I wish to say is down on the deposition I gave before at this Court, and which has just been read, that is the truth; I did not say that he hurt me so that I could scarcely draw my breath; every word the gentleman has spoken is quite false; two or three of the words might be right.") (The deposition of the prisoner above referred to was read as follows:—"Robert Patrick Golding upon his oath says, I live at No. 18, Bennett's-court, Drury-lane; I am a porter; about 6 o'clock on Saturday afternoon last, 4th Nov., I went into the urinal in Vinegar-yard, Brydges-street, Covent-garden, in the second division; the moment I had taken down my trowsers, and before I had commenced making water, the defendant, who was in the next division to me, put his hand round the Corner, and laid hold of my privy member, and squeezed it very hard; I hallooed out very loudly, and ran out, and spoke to a man at an apple stall, and then returned to the urinal, and waited for some time until the defendant came out; his coat collar was turned up, and he walked smartly away; I followed him, and laid hold of him, but seeing no policeman, I brought him to the station at Bow-street.")—it is not true that I laid hold of him at ail; I did not touch him in any way whatever-—I heard no one halloo out—there were other persons in the place—it as raining at this time—I had the collar of my coat up in consequence of the rain, before I went in there—it was not done in any way to conceal my face; it could not conceal it—it was merely to protect myself from the rain—I gave my name and address at the station, and the address of my employers.

Prisoner. He did catch hold of me, and he did not say to me, "Take me to the station." Witness. I did say so.

JOHN LAWRENCE . I live at No. 24, Russell-court, and have an apple stall at the Brydges-street corner of Vinegar-yard, within nine or ten yards of the urinal—I was there on the Saturday evening, 4th Nov.—I saw the prisoner; I did not see him till he came out of the urinal—he said, "There is a dirty beast of a fellow in there who caught me by the privates, and held me so tight that I could scarcely get my breath"—he said, he

hallooed out, but I did not hear him—at the time he came out, I was making my way to go in—I was, I should suppose, between eight and nine yards from the urinal at the time—it was mizzling of rain—sometimes it is noisy with cabs there—it appeared to be pretty silent then—if he had hallooed out, I must have heard him—immediately after he had spoken to me, I went into the urinal—I went into the first compartment from Brydges-street—the prosecutor was then standing in the second compartment, with the collar of his coat up—there might be four or five other persons in the other compartments, but I did not reckon them—if anybody bad hallooed, I should think those persons must have heard better than I—I used the place, and came out again, leaving the prosecutor there—I saw the prisoner go in again after I came out—he went in at the Brydges-street end, and came out the same way—there was plenty of light—there was a light in the urinal, a light at the oyster shop, at the Drury-tavern, and at the Crown-tavern—in about five or six minutes the prosecutor came out, and the prisoner said, "What did you mean by assaulting me as you did?"—he followed him into Brydges-street, and took him by the collar—the prosecutor walked with him to Bow-street station, without the least hesitation, and I went back to my stall.

Prisoner. I did not tell him that the gentleman hurt me so much that I could not draw my breath. Witness. I am certain he did—I did not see him go in, and tap the gentleman on the shoulder, and say, "I will give you in charge for assaulting me"—when he came out he told me, "The gentleman said nothing to me, nor I to him"—I was called as a witness in the first charge before the Magistrate.

THOMAS ROACH (policeman, F 35). I was standing at Bow-street station when the prisoner and prosecutor came up—the prosecutor came quietly and came quite up to the door.

The prisoner in his defence repeated in substance his former statement.

JURY to MR. EAMES. Q. Are you married or single? A. Single—I am going to be married very soon—I was engaged at the time, and have been for the last twelve months.

GUILTY . Aged 17.— Six Years' Penal Servitude.

Reference Number: t18541127-48

48. JOHN WATSON , feloniously killing and slaying Maria Watson; he was also charged, on the Coroner's Inquisition, with the like offence.

MR. PAYNE conducted the Prosecution.

HANNAH ELIZABETH WATSON . I am the prisoner's daughter; we lived at No. 49 1/2, Cannon-street, St. George's. On Monday, 6th Nov., we were making fireworks—we had not been making them all day on Sunday—we did not begin before Sunday night—I was in the down stairs room—there are two rooms up stairs, and two down—my mother and the young woman who did it, Elizabeth Ford, were also in the down stairs room—Ford was finishing a squib—there was a tallow candle on the table—it was not a very large table, a little bigger than this desk (the Judges desk)—my mother, myself, and Ford were working at the table—there was nothing round the flame of the candle—there were some snuffers there—I saw Ford snuff the candle with her fingers—I suppose the snuff burnt her fingers, and she dropped it on the table, on an unfinished cracker—it set the cracker alight—there were some more fireworks on that table, and some upon another table—there was a blow up in the room—Elizabeth Ford was not killed; she is in the hospital, doing nicely—my mother died in the hospital, from the injuries she received—my sisters were upstairs in bed; they were killed—my father was in the yard—he was not in the room at the time.

(MR. BARON ALDERSON was of opinion that the prisoner could not be responsible for what occurred in his absence; it was not any act of his which caused the death; the only person that could be responsible, was the young woman through whose carelessness the accident had occurred.)

NOT GUILTY .

( The prisoner was also charged, upon other indictments and inquisitions, with the manslaughter of Elizabeth Watson, Elizabeth Watson, the younger, Emma Watson, and Clara Watson , upon which no evidence was offered.)

Reference Number: t18541127-49

49. MARY ANN RILEY , feloniously killing and slaying John Bowler.

MR. THOMPSON conducted the Prosecution.

MARY EVANS . I am the wife of Peter Evans, of Eaton-place, Edmonton. I resided in the same house with the deceased, John Bowler—his wife was then living—the prisoner is the step daughter of Bowler—her mother died two days after the deceased—he was seventy-eight years, of age—he was a pensioner, and had been in the army—the prisoner did not live with her parents—she is an unfortunate female—on 2nd Nov., between a quarter to 3 and a quarter past 3 o'clock, she came to the house—I was in the room, with old Bowler and his wife—he was lighting a fire, after coming from London—he was sober, to my knowledge—the prisoner was about half tipsy—she had a child in her arms, about a year and a half, old—it was not her own child—she sat down in a chair—Bowler asked her to go out; he did not wish her to be there—she said she would not go out for him, and he laid hold of her to push her out—she kept him away from her as well as she could, and they struggled together—I said to her, "Let me have the child"—Mrs. Bowler then interfered—the prisoner said to Bowler, "Mind you, I will mark you before the night is over for this"—Mrs. Bowler said to him, "Let her be for a few minutes, and she shall go out"—he did not leave her alone—he wanted her to go out all the time, but she would not; and when he saw that he could not put her out, he went to look for a policeman—while he was gone, the prisoner asked her mother for 6d.—she said, where did she think she should find a sixpence—she did not give it her—I cannot say exactly what time Bowler returned, but it was moon-light—the prisoner then took up two chairs, one after the other, and broke them in the middle of the floor—she was in a passion—she then took a kettle of boiling water from the stove, and broke it on the floor, and kicked it right out into the yard—the boiling water came on the floor—she then went away—she came back in a minute or two, without her bonnet, and her sleeves tucked up, and struck Bowler with a stone—he was then at the threshold of the door—she had got the stone from the yard—I saw her stoop and pick up something, but I could not say whether it was a stone or a brick—it was bigger than my fist, but not so big as my two fists—she struck him with it on the top of the head—he hallooed "Murder!" several times—he bled most awfully—he said, "Is there no neighbour that will assist me, or I am a dead man?"—a man named Dan O'Neil came, and took him to the chemist's—before the prisoner struck Bowler on the head, I saw her drag him down, and kick him most awfully when he was down; and when he got up, he said that he had lost the use of his hand—he did not complain of his head then.

Cross-examined by MR. M'INTYRE. Q. Did you see him fall before she struck him? A. No; she dragged him down, and kicked him in the side and shoulder—he remained at home three days after this, and then was taken to the Union—he was ill all the time he was at home—I saw him every day—I was lodging in the house—he was perfectly well before this—

I cannot say whether rows were pretty frequent there—I was not lodging there more than three months—to my knowledge, the deceased was a sober man—I never saw him drunk, but once; that was when he drew his money—he had drawn his money on the Wednesday, as this happened on the Thursday—he was not drunk on that day—he and his wife had been into London, to lay out his pension money—he had no signs of drink when he came home—I should be sure to know, if he had—I am a good judge—people were not giving him advice as to what to do with his wound—the prisoner was about half and half—she was not a good deal excited, or she could not have carried a child a year and a half old, in her arms.

HENRY SAMUEL HAMMOND . I am a surgeon, at Edmonton, I first saw the deceased on Wednesday, 8th Nov., at his own house; and he was removed, on Thursday, to the Infirmary—he was in a most dangerous state, from erysipelas on the head and face, extending over the whole head—a blow on the head with a brick would produce erysipelas—a fall might equally produce it—I did not see a wound on the head—the head and face were excessively swollen, and covered with vesications—I saw no appearance on the head to account for that—there was a wound on the head, but the swollen state of the scalp prevented it from being much seen—it was on the right side of the head, on the parietal bone—I could not say of what standing it was; some few days, I presume—it might have been inflicted on the second or third day before—if a person had been perfectly well before, and had received a blow on the head with a brick or stone, it would account for all that I saw—I saw him again on Friday; he died that night of the erysipelas.

Cross-examined. Q. You could not speak positively to the time at which the injury might have occurred? A. I could not decidedly—the swollen state of the head was the consequence-of the erysipelas—it is generally fatal under such circumstances.

ANN BIRD . I am the wife of John Bird, of Eaton-place, Edmonton. I saw the commencement of the disturbance between the deceased and the prisoner—I saw her in the yard, and saw her take up a piece of flag stone—I put my foot upon her fingers, and wanted her to do no damage—she threatened to knock me down, and she pulled the stone from under my feet—it was a three-cornered stone, and weighed about a pound and a quarter, I should say—she tucked up her sleeves and her gown, and ran down the path, with the stone, saying, "Take that, you old English old soldier; and if that don't do, I will give you some more"—she ran right against the door, and hit the deceased on the right side of the head—he hallooed out, "Murder!" three or four times—he appeared very well before this—he went down to Ponder's-end the day before for his pension—I did not see any more of him after this, only the first thing in the morning, when he went for a little water, and a pint of beer for the old lady—he was down stairs, in the bottom room, but I did not go in; none of the neighbours were called in—I did not see him come in the day before—there always was a piece of work at pension time.

Cross-examined. Q. Was he very jolly at such times? A. He and, the old lady used to have a pint or two among themselves—he used to draw his pension every month—I fetched the doctor, Mr. Hammond's assistant, in the course of a day or so.

GUILTY . Aged 19.— Confined Eight Months.

Reference Number: t18541127-50

50. JOSEPH TANSLEY , stealing a bottle jack, and other goods, value 16s., of Samuel Martin, his master: to which he

PLEADED GUILTY .— Confined Six Months.

Reference Number: t18541127-51

51. RICHARD JAMESON , embezzling the sums of 2s. 4d., 1s. 11d., 1s. 6d., and 2s. 10d., which he had received on account of Martha Hanbury, his mistress: to which he

PLEADED GUILTY . Aged 49.—The prisoner stated that he took the money to bury his child, who was lying dead at the time.— Confined Three Months.

Reference Number: t18541127-52

52. ANN MURPHY , stealing 2 rings, value 1l.; the goods of Philip Solomon: to which she

PLEADED GUILTY .— Confined Six Months.

NEW COURT.—Thursday, November 20th, 1854.

PRESENT—Mr. RECORDER, and Mr. Ald. ROSE.

Before Mr. Recorder.

Reference Number: t18541127-53

53. MORTON ANDREW EDWARDS, EDWARD WILLIAM PLOWRIGHT , and THOMAS D'ALLEX , unlawfully conspiring to cheat and defraud George Scoular.—Other COUNTS varying the manner of laying the charge.

MESSRS. PARRY and SLEIGH conducted the Prosecution.

EDGAR GEORGE PAPWORTH . I am a sculptor, of No. 17, Newman-street, Oxford-street. I knew the late Mr. William Scoular for twenty years—he resided in Dean-street, Soho, and was a sculptor likewise—I have been in the habit of seeing him frequently during the latter years of his life, for the last ten years generally once a week, sometimes twice; and sometimes a month has passed when I have not seen him—I have been in the habit of calling there most frequently—in June last, the 10th, I think, I heard that he had become acquainted with a person named Edwards, with whom he had formed a partnership—I had not been consulted by any parties touching that partnership—I only know from what I have been told how long the deceased had been acquainted with Edwards previous to the partnership being entered into—I do not know of my own knowledge that Mr. Edwards was acquainted with him any considerable time—in consequence of a communication made to me by a man named Marcatti in June, I went to see Mr. Scoular (Marcatti has worked for Mr. Scoular ten or fifteen years)—I found him very unwell, I may say ill—his age was about fifty-nine—I saw him again about 9th or 10th July, and on that occasion I saw the defendant Edwards alone, and had a conversation with him—the first question he put to me was, "Do you know whether Mr. Scoular has made a will?"—I told him I did not know, but I thought it likely he might have made one—he then gain he thought it was quite proper that Mr. Scoular should make a will, and that he thought it also proper that he should make his (Mr. Edwards') solicitor, one of the executors—he then asked me if I should like to be the other—I said, "I suppose Mr. Scoular will do as he likes about that;" but that of course I should have no objection to act if Mr. Scoular did make me executor—I mentioned that Mr. Van Sandau was Mr. Scoular's attorney in case of a will having to be made, and that he had prevented Mr. Scoular from forming a partnership which might have turned out a dangerous one had it been formed—I mentioned to Edwards on that occasion that it would be more delicate for an old friend (meaning myself) to speak to Mr. Scoular on the subject of a will—I said, "I think it would be more delicate for me as an old friend to speak to him than yourself—I did not say "for me,"

I meant to, but I said, "for an old friend"—lie referred to Mr. Scoular's brother, and said he should have sent to Scotland for his brother to come to London, but he had mentioned Mr. George Scoular to him, and he got in such a passion when his name was mentioned, that he should not do do—I think his words were, "He got into such a violent rage that I am afraid of mentioning his name again to him"—he said that the two brothers were at great enmity—that closed the conversation—from this day to the death of Mr. Scoular, I do not remember that Edwards said anything to me relative to Mr. Scoular making a will, nor did he tell me before Mr. Scoular's death that he had made a will—on 11th July, the day following, I believe I can swear to that date, it was Tuesday, I believe; I saw Mr. Scoular, he was extremely ill on the 10th, and on the 11th he was worse, in my opinion—I think he had been partially blind, and at that period he was purblind—if he was standing where I am he would see a candle on that table, but he would not distinguish any object—I mean that he was partially blind—I believe his illness was consumption—in consequence of a conversation I had with him, on 11th July, 1 saw Mr. Van Sandau, I believe on the 11th, and made a communication to him by the direction of Mr. Scoular; and in consequence of what passed between us, I saw the deceased again on the following day, and made a communication to him from Mr. Van Sandau—an appointment was made for Mr. Van Sandau to call on Mr. Scoular on the Thursday following—on the next day, the 12th, after I had seen Mr. Van Sandau, I was with Mr. Scoular, and Edwards called or beckoned me out of the room—I left the room, and he said that I was acting against the directions of the doctor, that no one was to be allowed to see Mr. Scoular again till he was better—he did not mention who the doctor was—I already knew that it was Dr. D'Allex, one of the defendants—I went back to the room, and wished Mr. Scoular good bye—I do not think that Edwards accompanied me—I called again that evening, but did not see Mr. Scoular—I saw Mr. Edwards, and was speaking to him, but nothing very important, wishing him good evening, when Dr. D'Allex entered the shop—I was then asking, I think, how Mr. Scoular had been; his reply was "A little better"—I then told D'Allex, in Edwards' presence, that Mr. Secular's attorney had appointed the following day to call for the purpose of making his will—I should mention that Dr. D'Allex said that Mr. Scoular could not be seen for some time, and in consequence of that I informed him of the intention of Mr. Van Sandau to be there, at his request, to make a will—I do not know whether I mentioned Mr. Van Sandau's name, or said "his solicitor"—Dr. D'Allex said that he was very ill, and must not be seen—I do not think Edwards said anything—I said to Dr. D'Allex, "Do not you think that the absence of, Mr. Scoular's solicitor, whom he has appointed to see for such a purpose, will be the means of exciting him very much, and making him worse?"—he said that it would not be well for him (Scoular) to see him for a few days—I then said, "I presume I must put off Mr. Van Sandau," or "the solicitor"—Edwards said "Yes," and so did Dr. D'Allex—that closed the conversation, and I then left the house—Ed wards was present all the time, to the best of my belief—in the course of that evening I happened to be in Dean-street—I think I passed the house two or three times that evening, but did not see Edwards—two or three evenings afterwards I called to ask how Mr. Scoular was; the shop door was opened by the nurse—a conversation took place between me and the nurse, and I left the house without seeing Mr. Scoular—I called on Dr. D'Allex that evening, and saw him—I did not tell him that I had been to Mr. Scoular and had seen the nurse—I asked him how Mr. Scoular

was; he said that he was better—I asked if he had been delirious, he said "No, only a little light headed"—I put that question to him because I had put similar questions to the nurse—I called on Dr. D'Allex in consequence of the conversation between me and the nurse—I asked him if he thought Mr. Scoular would know me if I called upon him—he said, "Yes"—I told him I knew Mr. Scoular would be glad to see me, and that if he would allow me to see him, I passed my word that I would not even speak or enter the room; I would merely look into the room to be satisfied that he was comfortable—he said he could not allow it just then, not for a day or two, and he told me he would call on me next day, and let me know how Mr. Scoular did—he did call on me next day, and in the course of conversation he said, "Did you ever hear of Mr. Scoular's brother leaving him 10,000l.?"—I said, "No, I do not believe it; I do not think Mr. Scoular is worth as many hundreds"—he said that Mr. Scoular was very ill—I do not think anything further passed of importance—on 19th July one of my sons brought me a message from Mr. Scoular, and I immediately went to his house; on my way I met Dr. D'Allex, and asked him how Mr. Scoular was; he said he was very much excited, for Mr. Campbell had been there (he is the celebrated sculptor, and a very old friend of Mr. Scoular)—I said, "I know Mr. Campbell has been there"—he said, "How do you know that?"—I told him that I heard that Mr. Campbell had been sent for, and that Mr. Scoular had also sent for me, and said, "I suppose there is no objection to my seeing him now"—he said, "Yes, there is, you must not," or something to that effect—I then parted with him, and went on to Mr. Scoular's house; on arriving there I opened the door, and went up to Mr. Scoular's room immediately without asking permission—I saw him; he was very ill, I believe—Mr. Edwards seeing me go up ran after me, but I was up first; I think he stopped, that he did not follow me into the room; he did not speak to me—I considered Mr. Scoular to be perfectly sane always, but very weak; I conversed with him, it was half past 6 o'clock in the evening—after leaving I was crossing the street coining out of Soho-square, and crossing Dean-street; the house is almost at the corner, and I saw a van at Mr. Scoular's door; it was then 7 or half past 7 o'clock—I did not pay attention to what sort of goods were being placed in the van; there was something in it—I do not know of my own knowledge where what was in the van was conveyed—on that evening I received a note from Mr. Campbell, in consequence of which I called on Mr. Van Sandau, and on the following day, the 20th, I accompanied him and Mr. Campbell to Mr. Scoular's house—we saw the defendant Edwards; Mr. Van Sandau represented that he was Mr. Scoular's attorney, and that he had called respecting taking instructions for his will—Mr. Edwards said he could not be seen, that he had his own interests to look after, and he should not allow him to go up stairs—a person who I believe to be Edwards's mother, and some other person, a man whom I do not know, were with him—Mr. Van Sandau conducted the conversation; he spoke in very strong terms of Edwards not allowing it—he said, "I advise you to allow him to see his solicitor, it is nothing but right," and advised him to allow him to see him—he said that if he was acting a fair part he would allow him to see his solicitor, and that he thought he was not acting a fair part not to allow him to see him—nothing more was said about a will—I said I was an old friend of Mr. Scoular, and I should go up stairs, and nothing but force should prevent me—Edwards then stood on the staircase to prevent me, and I desisted, it was then 12 o'clock—in consequence of what took place I went to Marl borough-street

police office, and afterwards on the same day, at a little after 2 o'clock, I went to Mr. Scoular's house again, accompanied by a policeman, and a medical man, Mr. George Simpson, of Gower-street, Bedford-square—we saw Mr. Edwards—the policeman spoke to him, and said he had called by the direction of Mr. Hardwicke, the Magistrate, to request that Mr. Edwards would allow Mr. Simpson to see Mr. Scoular—Mr. Edwards said that he could not allow Mr. Scoular to be seen by Mr. Simpson, unless it was in the presence of Dr. D'Allex—we then left—on the evening of that day, I called at Mr. Campbell's house, in Marlborough-street—I had received a letter from The defendant Plowright that afternoon, Mr. Van Sandau has got it—(the letter was here produced by Mr. Van Sandau, and read: "25, John-street, Bedfordrow, 20th July, 1854. Sir,—In consequence of your unjustifiable proceedings, I have this morning, at the request of my client Mr. Edwards, seen Mr. Scoular's medical man, Dr. D'Allex, 60, Berners-street, Oxford-street; who has intimated to me, and has left advice that Mr. Scoular is not to be seen by any friends for the present, and that owing to your late proceedings his illness has been increased. Mr. Scoular has also himself expressly desired that no one should be admitted to his room until he is better. I have, therefore, in the first place to beg of you, if you are the friend of Mr. Scoular you profess to be, that you will not for the present trouble him with your visits; but should you again adopt proceedings similar to those adopted this morning, I have left instructions with Mr. Edwards to call in a police constable. In great haste, your obedient servant, E. W. Plowright. E. Papworth, Esq., 17, Newman-street, Oxford-street."

Q. On the 20th, the day on which you received that letter, did you call at Mr. Campbell's? A. Yes, and there met Plowright; and in consequence of what passed between us, I called at Mr. Scoular's house that evening at 7 o'clock, accompanied by Mr. Simpson—I had told Mr. Plowright that he should not have addressed me in the note which has just been read—he said he did not know who he was writing to at the time—I told him I considered it extremely strange that Mr. Scoular was not allowed to see his friends—he said there was no reason whatever why Mr. Scoular's friends should not see him; that I might go any time I liked, and that all his friends might go—I then arranged with Plowright that I would go at 7 o'clock that evening, and I did do so, accompanied by Mr. Simpson, the surgeon—we saw Mr. Scoular; he was very ill indeed, but perfectly sensible—he was able to hold conversation, but was weak in the chest—Mr. Simpson went in with me—Dr. D'Allex was in the room—I think I said, "Good evening, Dr. D'Allex"—he said he had heard what I had been saying about him; he was very much excited, and talked very loudly, but I could not understand what he said—I remarked that if he had anything to say, he had better go out of that room—Mr. Simpson and Dr. D'Allex then left the room together, I do not know for what purpose, and I then had a conversation with Mr. Scoular—when I left the room, I found Dr. D'Allex, Edwards, and Mr. Simpson in the next room together—nothing of any consequence passed—Mr. Simpson said, in the presence of Edwards, D'Allex, and myself, "I will see what Mr. Scoular's wishes are," and went away for three or four minutes, leaving me with Dr. D'Allex and Mr. Edwards—he then returned, and said he had asked Mr. Scoular what he wished, and he said he wished to see Mr. Papworth occasionally, and he wished to see Mr. Van Sandau—we then left the room; and on descending the stairs towards the street, I was called back by the nurse—in consequence of what she said, I returned into Mr. Scoular's room, and a few words

passed between us—in consequence of what had taken place, I went that evening to Mr. Van Sandau's office, and on my return home late that night, I received this letter—(read: "92, Dean-street, Thursday evening. It is my particular wish, at the instigation of my doctor, that my interview with you may be deferred for a few days, until I am better able to bear the excitement Wm Scoular")—it is written in a strange hand, but is the signature of Mr. Scoular—I took this letter to Mr. Van Sandau that night—I went twice to him that night—I then felt it right to communicate with the deceased's friends in Scotland, and on the Saturday in that week, George Scoular, the brother of the deceased, arrived in London, and he and I and Mr. Van Sandau went on that day to Plowright's office, about 12 or 1 o'clock—we left Plowright's office together, but I left them on the way to the deceased's residence; I did not accompany them—on Sunday morning, 23rd July, I received a note from Edwards; this is it—(read: "92, Dean-street, Sunday. Mr. Papworth. Sir,—I write to inform you that Mr. Scoular died this morning, at 8 o'clock, and yourself and Mr. Plowright are appointed his executors under the will")—until I received that, I had no idea that a will had been made—on that Sunday, I accompanied Mr. Van Sandau and Simpson to the house of the deceased—I think Mr. Plowright was the first person we saw—Mr. Edwards was not there at that time—Mr. Van Sandau said that I had received a letter that morning acquainting me of the death of Mr. Scoular, and that he was very much astonished at his dying so unexpectedly and so suddenly; I cannot swear to the words; and he requested Plowright to give up the will, if he, Plowright, had it in his possession—he said that Mr. Edwards had sent it to him—he said lie was willing that Mr. Van Sandau should see it, and that he thought it quite proper to put somebody into the house, to take care that the property was not removed, and for the purpose of getting some person, Mr. Van Sandau, Mr. Plowright, and myself went to the police office.

Cross-examined by MR. SERJEANT WILKINS. Q. We have heard a great deal about Mr. Van Sandau; he is an attorney, is not he? A. He is—he is my brother-in-law; he married my sister—he has been my brother-in-law about twenty years—I have been very intimate with the deceased—I cannot say when I had visited the deceased before 11th June, because the early part of this year I was very much engaged at the Crystal Palace—it may have been a month before 10th June—I will swear it was not three months, nor two—my last visit before 10th June was merely in a friendly way—he had been ill for many years, but not seriously—I thought he was seriously ill about two months before he died—I was present before the Coroner, and heard the medical evidence, and have no doubt that he was seriously ill about three months before he died, but I did not know it then—he had been incapacitated from attending to business perhaps two months, but he never was a man of business—I mean that he did not understand business transactions, but two months before his death I think he was capable of attending to his ordinary business so far as he usually did, which was receiving money and giving orders—he never did any other work—he was a sculptor and dealer in plaster figures—I do not think he has done anything in the way of sculpture for eight or nine years—he got his living by selling plaster casts—he never did anything besides giving orders and keeping accounts—I did not know that he had frightful ulcers on his legs, and I do not know it now—I was a witness at the Coroner's inquest—I appeared as a witness against Edwards—a charge of poisoning was not preferred against him—I watt summoned to appear there as a witness—I

must correct myself; whether it was against Edwards or not I do not know—I did not hear Mr. Van Sandau accuse Edwards of causing the death of the deceased—I never had any interest in Mr. Scoular's private affairs, further than when he has asked me in do so—I have lent him money—that was when he was in Rome, in 1835—I lent him various sums, I cannot say how much—I took the benefit if the Insolvent Debtors' Act two years ago—Mr. Scoular was one of my creditors then, to a small extent; I cannot say how much—I do not know whether I was his debtor or whether he was my debtor—I do not think he was my creditor when I took the benefit of the Act—the account was so nearly balanced that I cannot say whether he was debtor or creditor if we balanced accounts—I had to swear to the correctness of my balance sheet—I mean to tell those twelve gentlemen, on my solemn oath, that I do not know whether I am debtor or creditor—I cannot swear that it is rather more "Yes" I than "No"—I do not think he was included in my schedule for that very reason—I will not swear that—I have been twice insolvent—I was so three years before—Mr. Scoular was not a creditor then—if I was in debt with Mr. Scoular at all it was not increased—I cannot say whether in the former one the balance was in favour of myself or not—I had no intention of becoming Mr. Scoular's partner, or of succeeding to his business—I would not succeed to it—he was a plaster caster, and I know nothing about the business at all—I perhaps saw Mr. Scoular ten times after 10th June, but I cannot swear to it—I did not always find him in bed—about the middle of June he was sitting in his ordinary sitting room, and towards the end of June also, I think—I saw him five times in July; he was in bed each time—I saw him twice or three times alone, and was with him a quarter of an hour, twenty minutes, or half an hour—I did not see him once in company with Mr. Van Sandau—I went to his house once with Mr. Van'Sandau, but Mr. Van Sandau did not see him then—I was there when Mr. Simpson and Dr. D'Allex retired, and then I was alone with the deceased—they were absent two or three minutes.

Q. Now, as you have been so intimate with Mr. Scoular, of course you know who his medical adviser has been for the last twelve years? A. For the last two or three years I have heard him speak of Mr. D'Allex—I do not know that he very frequently attended him—I never saw him there before July—I swear that, and I was his intimate friend—I never saw his brother George in my life till he came to London—Mr. Simpson is here—I have heard that Edwards telegraphed for Mr. George Scoular—I wrote to a Mr. Stocker, in Edinburgh, requesting him to seek out Mr. Scoular's relations, and send one of them to town, not knowing where his brother lived—his brother came on the 22nd—I did not think for some days before the deceased's death that his life was very uncertain—I did not think it important that he should make his will, quite the reverse of that—it was perhaps two months before his death that I discovered that he was partly blind—he would not be able to write any lengthened document at all—he would sign his name very well, because he could make a bill out two months before his death—he would not distinguish the title of the bill, I should say, but he would, by habit, make out a bill—I think you could make out a bill in the dark—Mr. Van Sandau never saw him there with me—I do not think I ever met Mr. Van Sandau at Mr. Scoular's—I should say that the deceased was incapable of making out a bill for three weeks before his death—he sent for Mr. Van Sandau on 10th July, but I never saw him with him to the best of my knowledge—I saw him at the house on 20th July, but cannot say what he went there for, but presume he went to make the will at Mr.

Scoular's particular request—I do not recollect there being an altercation between me and some parties in the sick room—there was loud talking on Dr. D'Allex's part—I was perfectly calm—I merely told Dr. D'Allex that if he had anything to say he had better say it out of that room—I do not think that he told me on one occasion that my disturbance in the sick room had increased Mr. Scoular's excitement and endangered his life; I cannot swear that he did not—I had not an interview with Edwards on 9th July—I believe it was on Monday, the 10th, that he suggested to me that it was necessary that Mr. Scoular should make his will, but if you will give me leave to correct myself, it might have been Sunday, the 9th—he said that Mr. Scoular was very ill, and he thought it was necessary that if he had not made his will he should be told to do so—he did not say that he thought it was proper that I should be one of the executors—he rather asked me if I would be one—I did not act as one—you may say I did, as I ordered the funeral—I locked up the papers, but I did not act as executor—I do not know Mr. Goldsworthy—the gentleman who took the inventory was Mr. Chinnock—on my oath, I did not tell him that I was executor, and give him orders; quite the reverse—I did not say so—I repudiated the will, and said I was not executor—it was as an old friend that I ordered the property to be sold, put a person in the house, and had an inventory taken, and it was as an old friend that I ordered the funeral—you are the best judge whether I had any right to do it—I certainly did not do it as executor under the will—I did not, under the advice of Mr. Van Sandau, consent to have the inventory taken as executor.

COURT. Q. Did you order the inventory to be taken? A. I went with Mr. Chinnock to Mr. Plowright, and said that the inventory should be taken—Plowright said that it should not be taken unless I gave the order as executor—I said I would not do so.

MR. SERJEANT WILKINS. Q. Did not he object to your interfering at all? A. Not that I know of; he said that, except as executor, I could not interfere—I did not say that I did interfere as executor—Mr. Scoular was always sensible when I called on him; he conversed rationally—I am perfectly convinced that he was of sound and disposing mind—Mr. Simpson is not my medical man, nor Mr. Van Sandau's—many years back, I believe, he has given me a black draught—he was not one of my creditors; I swear that—I accompanied Mr. Van Sandau to Mr. Hardwicke's—we did not take a police officer there—one went from there to Soho-square—we were admitted into the shop, but not any further—we did not go back to Mr. Hardwicke's—we called on Dr. D'Allex—Mr. Simpson did not see Mr. Scoular that day, but on the day he did see him he was with him about a quarter of an hour—I was in the room part of the time, and part of the time I was in the room with Mr. Simpson and Mr. Scoular.

Cross-examined by MR. BALLANTINE. Q. Are you Mr. Van Sandau's client in this case? A. No; I do not know who the person is who is instituting this prosecution—Mr. Van Sandau is the solicitor; he can tell you—I presume it is George Scoular, but I really do not know—Mr. George Scoular is the prosecutor—you did not ask the question in that shape before, and I did not understand you—Mr. Scoular is here—I cannot answer for his being the brother—it is a Scotch name—I do not know how it is pronounced—I do not know how he calls it himself—I am no party to this prosecution—I am not affording the funds at all, or making myself responsible at all—I do not mean to pay Mr. Van Sandau; that I speak positively about—I have known Mr. Van Sandau a long time—I am told

that Mr. Scoular, the brother, lives in Scotland—I was at the Coroner's Inquisition—I never heard that Mr. Van Sandau charged all these gentlemen, Mr. Plowright and all, with murder—on my oath, I never heard Mr. Van Sandau say that Edwards had murdered Mr. Scoular—I never heard anything of the sort—I never complained, and I never heard Mr. Van Sandau say that Edwards had murdered Mr. Scoular, or anything to that effect; nor have I heard him insinuate anything of the kind, certainly not—the Coroner's Inquisition was got up to ascertain the true cause of Mr. Scoular's death—I went to the Coroner, accompanied by Mr. Simpson—I did not cast any imputation on Mr. Edwards at all of having murdered him, quite the reverse; I never even thought it—I had suspicion certainly, but not connected with any individual—I had suspicion of foul play somewhere as regarded his life, and I was not singular—I had that suspicion at the time I went to the Coroner—I do not know that having a Coroner's Inquest was insinuating that foul means had been taken—my motive was to see whether foul means had been used.

COURT. Q. As to his life, or as to his will? A. As to his life.

MR. BALLATINE. Q. Is not there an action going on against you for slandering Mr. Edwards? A. I was served with a writ three weeks ago; I do not know what it was for—I am glad to say that I am not in the habit of getting writs, but this writ does not express that: it came from Mr. Plowright, and I knew that it was something disagreeable, and I did not trouble myself about it—I believe I gave it to Mr. Van Sandau—I either gave it to him or sent it to him—I do not think I talked to him about it, nothing of any importance—I do not know what it was for; I can only, presume that Mr. Plowright threatened me—I deliberately swear that I do not know what it was for—I received a letter from Plowright, before the writ was served, threatening me with an action, for reports which he said I had spread about Mr. Edwards, I think, but my memory will not serve me—I do not know whether the writ was connected with that; how could I know it? there was nothing on the writ to tell me—I suppose I did not become a bankrupt because people owed me money—I feel pretty sure that it must have been that I owed people money, but I cannot tell you in what particular way Mr. Scoular's name appeared.

Q. It would have gone to help your estate, if he owed you money? A. Perhaps I may get it now; I do not expect to do so, I am not trying to get anything—I am not a rich man—if money is owing to me I should like to get it—I know that Mr. Scoular has left money—I do not know that he does owe me money, but if he does, it is so little that it is hardly worth while—I do not owe him 500l. or 500 pence; I swear that: I never owed him 10l. in my life.

Q. I am speaking of one of the Courts for relieving industrious individuals in difficulties; on your oath, do you mean to declare that you did not owe Mr. Scoular at that time 10l.? A. I shall be safe to say that I did not owe him 12l.; I never owed him 12l. in my life—I cannot say whether I owed him any—I know that a Chancery suit has been commenced; I do not know whether it is now pending—I suppose it is; and I presume that it is On all these very facts that the defendants are indicted upon—I have sworn an affidavit in the Court of Chancery, but have not seen the termination of it—in addition to the Coroner's Inquisition, with the slight suggestion of murder, and to the Chancery suit which is begun, we had Edwards and Plowright brought up before Mr. Bingham, at Marlborough-street—that was soon after the death—Dr. D'Allex was not then included in the charge; I

cannot charge my memory whether he was there waiting to be called as a witness if it became necessary; I think I saw him there—I did not hear what Mr. Bingham said, the charge was not gone into, I was not in the room; I understand that no witnesses were examined—I did not hear Mr. Sleigh—I do not know the result of the application to Mr. Bingham, except from what I have heard—I then came with Mr. Van Sandau to the Grand Jury here, and got a bill—I do not know that we are in Doctors' Commons Court—I have been served with a copy of the citation from Doctors' Commons to produce the will; so that there is the Coroner's Court, the Court of Chancery, Marlborough-street, the Old Bailey, and Doctors' Commons; these three unfortunate gentlemen are in four of those five courts.

COURT. Q. How came you to say that you did not know about Doctors' Commons? A. Because being the same case, I thought that Doctors' Commons and the other court were all the same.

MR. BALLANTINE. Q. Was Mr. Van Sandau the legal adviser employed in all these proceedings? A. Yes; it was somewhere about 10th July that Mr. Van Sandau first saw Mr. Scoular connected with making his will; I was sent for him—I was not present when Mr. Van Sandau saw him, I was never sitting below when he went up to see him—I do not know that Mr. Van Sandau had got a will ready cut and dried, I was not with him—I have heard since that he had prepared a will according to Mr. Scoular's directions—I did not see that will—I heard that his brother was to get all his money, or the bulk of his property, under the will that Mr. Van Sandau was to prepare—I was not to get anything under that will—Mr. Van Sandau did not see Mr. Scoular at all to my knowledge, because I was not there—it must have been about the 22nd that Mr. Van Sandau saw him for the purpose of getting his instructions about a will, and Mr. Scoular died the following morning.

MR. SERJEANT WILKINS. Q. You told me just now, three times over, on your solemn oath, that you never claimed to act as executor? A. Never—this paper produced is my writing; it says, "If there be a will"—I repeat that assertion; I did not give Mr. Chinnock the order to make the inventory—I never by word of mouth claimed to act as executor, and I do not see that this paper makes it so—I never gave directions to Mr. Chinnock's assistant to make an inventory of the property.

Q. Bead it again quietly to yourself? A. Yes; I must admit that that is a mistake—I directed Mr. Chinnock's assistant to go round for the purpose of making an inventory; I never allowed anything of that sort to be done under the name of executor—I cannot answer your question, "Yes," or, "No"—I do not remember that I gave Mr. Chinnock's assistant instructions to take an inventory of the goods of the deceased, and this paper does not help me to remember it; I admit that it is my writing; I cannot remember the circumstance at all.

COURT. Q. What do you mean by saying that you ordered him to go round for that purpose? A. The letter implies something of that sort—I never sent him round as executor—I do not remember the circumstance at all—I cannot say that I remember sending him round for the purpose of taking an inventory, but still this letter refers to it.

MR. PARRY. Q. Have you ever done any act as executor under the will? A. No; I have avoided it, unless it be locking up the things—I have repudiated the executorship of that will all along—I have repudiated acting as executor under it from the beginning; when I heard that there was a paper called a will, that piece of paper I repudiated—if I am at all a legatee

under that piece of paper, I have not attempted to realize anything—I did lock up papers; I did so to keep them quite safe—I also went to the police court for the purpose of obtaining officers of the law to watch the house—there has not been to my knowledge the slightest pretence for saying that 500l. was owing by me to Mr. Scoular; I never heard such a thing, I never heard that Mr. Scoular had 500l. to lend—I did not know him at Rome as a student, but as an established man there; I lent him money; he was very badly off, he came to London" and when I returned to London I found him in this situation—I am with Mr. Bayley, the eminent sculptor; he is my father in law, I have been with him almost all my life—whatever is due one way or the other between me and Mr. Scoular, has reference to nothing but loans of money between us at different periods of my life; those transactions of small loans extended over fifteen or twenty years—Mr. Scoular never made any claim on me, or I on him, down to his death—he was aware of my misfortune in going through the court—I was not present on the Saturday, when Mr. Van Sandau went to take instructions for the will; I heard that he went on the Sunday, and found him dead—I felt it my duty to go to the Coroner, because I did not think that be would die so suddenly; I believe I was the only friend who visited him in a friendly way; he was a very singular man, and there was a great attachment between us, and the last time I saw him he said, "Things are going on very badly"—MR. SERJEANT WILKINS objected that this conversation could not be given. MR. PARRY contended, that as the conversation was one of the reasons operating upon his mind to cause him to go to the Coroner, it could be stated. The COURT considered that the conversation was inadmissible, but that it was fair to the witness that he should be allowed to state what his reasons were)—from what had passed between Mr. Scoular and myself, I felt that I should not be doing my duty if I did not go to the Coroner—I went to him on 10th July, in consequence of my anxiety as to the state of his health, and again on the 11th, and again on the 12th—I did not think it of any consequence that he should make a will—if I tell you why I went to Mr. Van Sandau, I must repeat the conversation between Mr. Scoular and myself—that same evening, 11th July, I went to Mr. Van Sandau.

ANDREW VAN SANDAU . I am a solicitor, of No. 27, King-street, Cheapside, in partnership with Mr. dimming. I have known Mr. Scoular upwards of twenty years, during the whole of which time I acted as his solicitor—he was introduced to me by my brother-in-law Mr. Papworth, on his return from Home, and I afterwards acted as his solicitor—he was in partnership with a gentleman named Loft; I acted for him on the formation of that partnership, and on the dissolution of it—I believe he had no other legal adviser but myself—about the commencement of this year there was some talk of another partnership, but I broke off the arrangement—I first heard, some time about June, of an acquaintance with Edwards—there was a partnership between him and the late Mr. Scoular, which appears by the partnership deed to have begun about May 30th—I was not at all consulted, nor did I know anything of that deed being made, until after 20th July—I had not had any dispute with Mr. Scoular, nor had he at any time dismissed me as his legal adviser.

Q. When did you receive any intimation from anybody in reference to a will of Mr. Scoular? A. For the first time on the 11th July last; Mr. Papworth called upon me on the subject—I subsequently had two notes from him on the same subject, on the 12th and 13th—I appointed to attend Mr. Scoular on the 13th, and in consequence of those notes I did not attend

him—I have those notes here—the 19th July, was the first time I heard of Mr. Scoular after that—Mr. Papworth called upon me on the evening of the 19th, and in consequence of that communication, I on the 20th met Mr. Papworth and Mr. Campbell, and afterwards went to Mr. Scoular's—Mr. Campbell is a sculptor—during the whole of the twenty years I have known Mr. Scoular, he and Mr. Papworth have been on terms of great intimacy and friendship—I went first to Mr. Papworth's on the 20th where I met Mr. Campbell, and with them I went to Mr. Scoular in Dean-street—I there saw Mr. Edwards, Mrs. Edwards, his mother, and there were on the premises two or three other persons, who they were I do not know—Mr. Papworth expressed a wish to see Mr. Scoular, and said as he was there he would see him; he was proceeding to go up stairs when Mr. Edwards placed himself on the stall's, and I advised Mr. Papworth not to use any violence to force his way up, and he desisted—I told Mr. and Mrs. Edwards that I was the solicitor of Mr. Scoular, and that I came there for the purpose of taking his instructions for his will—they both declared that Mr. Scoular was not in a condition to see anybody; according to my recollection they stated that he was not in a state of mind able to see them; that he was in a state of delirium, and that by order of his doctor, they were not to allow anybody to see him.

COURT. Q. Did they use the word delirium?" A. I will not positively state that that was the word used; but that was what I understood at the time.

MR. PARRY. Q. That he was in a state of mind not to see any one? A. Not to see any one, according to my impression—I remonstrated with them; I stated that it was improper to prevent his solicitor seeing him, and I further stated to them that I had learnt the day before, that Mr. Edwards had sent away, in the evening, after the ordinary hours of business, property from the house; that it had been traced to a bye-place somewhere in the New-road, and that it appeared to me that they had got possession of this old man, and were seeking to make use of him for their own purposes, for improper purposes—I told them so—Mrs. Edwards said that she was a respectable person, and told me that she resided somewhere about Hanover-square—she mentioned the name of the street, but I do not recollect it, and Mr. Edwards stated that he was there as the partner; that his partner was not able to attend to the business, and that therefore he would exercise his uncontrolled authority over the property—he said, "I am a partner, in the uncontrolled management of the property, and as my partner cannot attend to the business, I shall use my own discretion in the disposal of the property"—he then gave me the address of his solicitor, Mr. Plowright, and repeatedly stated that he could not allow anybody to see Mr. Scoular without Dr. D'Allex's permission—in consequence of that I left—when I said that I had come there to receive his instructions for a will, Mr. Edwards did not say anything in answer to that—in consequence of this, I felt it my duty to accompany Mr. Papworth and Mr. Campbell to Mr. Hardwicke, and make a communication to him—I did so—Mr. Hardwicke consented, upon my suggestion, to send a policeman with a medical man, to be sent for by Mr. Papworth; my engagements prevented my remaining, and I did not remain until the medical man came; I knew as a fact afterwards, that Mr. George Simpson did accompany them—I had left Mr. Papworth to name whom he pleased, and he named Mr. Simpson; I should state that I had known Mr. Simpson many years before, but I had not engaged him, and I did not even know his person at that time—on the evening of the 20th, Mr. Simpson, Mr. Campbell, and Mr. Papworth,

came to my house, and I then made an appointment to go with Mr. Simpson, the next morning to Mr. Scoular's—late in the evening of the same day, Mr. Papworth returned to my house, bringing with him a note which he had received—I think he left my house about 10 o'clock, and about half past 10 or 11 o'clock he returned, bringing that note to me—(the note read)—I believe that note to be the handwriting of William Scoular—about half past 9 o'clock the following morning, I went with Mr. Simpson to Scoular's, in spite of that note—(it is perhaps proper that I should mention that on Thursday the 20th, I called at Mr. Plowright's, but I could not see him, he was absent)—I saw Mr. Edwards, and told him that I came for the purpose of taking Mr. Scoular's instructions for his will—Mr. Edwards told me that a letter had been written to Mr. Papworth—I told him I was aware of that, and had the letter, but that I considered that letter must have been written under intimidation, and that I considered it my duty to come to receive his instructions for his will, and I thought it was incumbent upon him to allow me to see him—Edwards said that he had invested his money in the concern, and that he would not allow me to see him, and that if he were interfered with or annoyed he would withdraw the nurse and the doctor and leave Scoular to his fate, or would stop the supplies; I do not precisely recollect what were the last words, but I can speak positively as to the first.

Q. Did Mr. Edwards ever say anything to you, or have you ever had any conversation with him, by which you have learnt whether he did invest any money in the business? A. I have since seen the books; I never had any conversation with Mr. Edwards about it.

Q. I rather interrupted you, go on with your former answer? A. I remonstrated with Mr. Edwards upon what I considered the impropriety of his conduct; and I then insisted that if he would not allow me to see Scoular, at least he should allow Mr. Simpson, the medical man, who had teen him the preceding evening.

COURT. Q. Do you remember the words in which you remonstrated? A. I told him that it appeared to me his conduct was extremely improper, that he would draw upon himself very important consequences, that it was highly improper to interfere between a man who was in a state of extreme ill health and the making of his will, and he would probably draw very grave inconveniences and responsibilities upon himself—I cannot say that those were the precise words, that is the substance; and I then said, "I dare you to refuse Mr. Simpson, the medical man, to see him, to see the state in which he now is"—after some hesitation he consented to allow Mr. Simpson to go up stairs to Scoular—Mr. Simpson remained up stairs with Mr. Scoular five or six minutes, and during that time I asked Edwards how long he had known Mr. Scoular—he told me that the partnership had commenced some time in May, but that he had had a great deal of business with him previously to that—he did not state how long he had known him—some mention was made of partnership articles—I asked to see those partnership articles—Edwards said he believed Scoular's part was somewhere about the house, he did not know; but Mr. Plowright had his part of the agreement—I asked Mr. Edwards if Mr. Plowright would produce it to me—he said he had no doubt he would.

MR. PARRY. Q. Is that the partnership deed (handing a paper to the witness)? A. This is the deed of partnership which I afterwards received on 24th July, from Edwards and Plowright—this bond was also handed to me at the same time, on the 24th, after the death—the bond is for the payment

of 200l. in two years; that I have read—the partnership deed I have sufficiently looked at to understand its contents—the deed alleges, that in consideration of 200l. then paid, the receipt of which is acknowledged and endorsed on the back of it, that Scoular sold to Edwards one half of his stock in trade, and various other things; then there is a bond for the payment of that 200l. two years after date: he was to receive as a partner 2l. a week out of the concern—the partnership deed I should state also purports to be in consideration of some stock in trade of Edwards, which is alleged to have been brought into the concern—I waited till Mr. Simpson came down—I did not succeed in seeing Mr. Scoular at all that morning—when Mr. Simpson came down, he stated, in Edwards' presence, and to Edwards and myself, that Mr. Scoular was much worse than he was the preceding evening, that he was in a state of agitation, that he had learnt that he had passed a bad night, and that if he were asked to make a will, it was expedient be should do so immediately; it was desirable he should do so directly, for there was no knowing how long he would be capable of making a will—this was said in the hearing of Edwards—he further stated that Scoular had intimated a desire that the nurse should leave the room, and that he (Simpson) had desired the nurse to do so—he stated that Scoular had told him that his medical man, Dr. D'Allex, had told him that if he saw Mr. Papworth he would no longer attend him, and that he said, "You saw what a scene took place yesterday; what I want is peace and quiet, and therefore I am forced to postpone seeing Mr. Papworth for some time"—I think he said for a week or a fortnight longer—Mr. Simpson further stated to Mr. Edwards and myself, that he had told Scoular that I was below, and that I had come by his appointment, and intimated that it was expedient if he meant to make a will he should see me, and that Scoular had said, that for fear of giving offence, he could not see me then, or for a week or a fortnight.

COURT. Q. Do you mean that he said, by way of repeating those words, "for fear of giving offence?" A. My recollection of the conversation is precisely as I have stated, that Mr. Simpson expressly stated that Scoular had repeated to him, that for fear of giving offence, he was forced to delay seeing me for a week or a fortnight longer—Mr. Simpson further stated that he had expressly asked Scoular if he had made a will, and Scoular had stated emphatically that he had not made any will—I then asked Mr. Edwards if he would, after hearing that, permit me to see him—Edwards replied, "I have my own interests to protect, and I will do so"—he then repeated that he had invested his money in the concern—he also expressly stated that he would not permit me to have any private interview whatever with Mr. Scoular—I asked him what right he had to interfere between Mr. Scoular and his solicitor, or with the making of his will—I repeated that he might draw grave consequences upon himself by his conduct, and I said, "I will now advise you as I would if I were advising you as your solicitor: I would say, 'Send for your solicitor, consult him, and if he is a respectable man, he will advise you, to quiet this poor old man's mind, and to permit him to see his solicitor, and those friends whom he is desirous of seeing'"—Mr. Edwards thanked me for my advice, and I then left.

MR. PARRY. Q. This was on the 21st? A. Yes.

COURT. Q. Am I to understand that when you asked Edwards whether, after hearing what he had heard, he would prevent your seeing him, the first thing he said was, "I have my own interests to protect"? A. I believe that was the first thing he said, the immediate answer—I have omitted to state that after this conversation Edwards stated, "Scoular may appear

occasionally to be quite in his mind, but he certainly is not so; he does not know where he is, and he talks of going out in a triumphal car," intimating that he was not in a state of mind to make his will.

MR. PARRY. Q. Did you leave after that? A. I left after that—I believe I have accurately stated, certainly as near as I can recollect, the substance of all that passed, and nearly in the same words—on the 20th I advised Mr. Papworth to communicate with Mr. George Scoular, and on Saturday, 22nd, Mr. George Scoular came up to town from Edinburgh, and came to my office, with Mr. Papworth—I believe he is Mr. Scoular's only brother—I understand he has two cousins besides—I accompanied Mr. George Scoular first to Mr. Plowright's, and as he was absent I left word that I would call that afternoon, between 5 and 6 o'clock—I then immediately went with George Scoular to his brother's, in Dean-street—I have omitted to state that on the 21st, after my interview with Edwards, I wrote a letter to Plowright, and I have a reply to that letter of the 21st, which, by mistake, was dated the 20th—when I reached Dean-street on the 22nd, I walked into the shop, and there was no one there to interfere with my going up stain—I desired George Scoular to go up to his brother, to tell him I was there, and to ask if he desired to see me—George Scoular immediately returned to me, and desired me to walk up stairs—I did so, and I found Mr. Scoular sitting on his bed, in his shirt, with a beard of a month or two's growth—he appeared extremely ill.

COURT. Q. He was sitting on the bed, was he? A. Yes, not in bed, but sitting on the bed.

MR. PARRY. Q. Did he appear to you to have his faculties about him, sufficiently to understand what was going on? A. Perfectly so.

Q. Did he recognise his brother? A. He recognised me—he spoke to his brother as "George."

COURT. Q. Did the brother go up again with you? A. The brother went up with me—at the time the brother went in, I did not see that there was any particular notice of the brother—he had previously seen him.

MR. PARRY. Q. His brother had gone up, in the first instance? A. Certainly; what took place in the way of recognition then I do not know—whilst he was with me he unquestionably addressed and recognised his brother—I believe he called him George, I think he did; at any rate he spoke to him as his brother—he had previously seen his brother in the morning as I understood—that was not in my presence—I do not know that I can state what took place between Mr. Scoular and myself, as part of the res gestoe—I am prepared to state it—(THE RECORDER expressed an opinion that it would not be admissible, unless the will was in question, which it was not in this inquiry)—upon my coming down stairs, I learnt from Mr. George Scoular that Edwards had come in—I expressed a desire to see him, and it was intimated to me that he declined to see me.

Q. As regards the state of mind of Mr. William Scoular on that occasion, did he, in your presence, recognise his brother, or address him in any way, so as to show that he knew him? A. He gave him directions; and I am prepared to state, from what I myself observed, that his mind was perfectly composed, and he was perfectly conscious of all that passed—I received certain instructions from him in reference to a will—(MR. PARRY proposed to ask who were named as legatees, but the question was objected to, and overruled)—I had not, before I went there, prepared any will, or anything of the kind.

Q. Whatever instructions you took or wrote, did you take them upon

any paper that you had brought with you, or how was it? A. I brought no papers with me when I went into the room—Mr. George Scoular gave me a sheet of paper which I hold in my hand, and very imperfect writing materials—it was upon this piece of paper that I wrote down, as far as I did write them down, the wishes he expressed to me with regard to his property; I also collected from my conversation with him what his wishes were.

Q. You say you had known Mr. Scoular for many years, did you know of any hostile feeling between him and his brother? A. I am not aware that I knew that he had a brother until about 11th July, when Mr. Papworth called upon me, and I certainly knew of no hostile feeling existing—when he saw his brother in my presence, upon the occasion of my taking the instructions for his will; he did not exhibit by word or manner any hostile feeling towards him—what then passed would lead me to the direct contrary opinion, that there was no hostility towards his brother—I then returned to my office, after calling, I think, at another place, and I then prepared the draft of the will which I hold in my hand, in accordance with the instructions which I had received, and the same afternoon, immediately afterwards, I had it fair copied by one of my clerks, and I hold that fair copy in my hand—when I went up-stairs on this occasion, there was no one else in the room besides George Scoular; and by the desire of his brother, which I repeated to him, he left the room—it was entirely in his absence that I took the instructions in reference to the will—I prepared the will in accordance with the instructions of the deceased; according to my judgment and knowledge as a solicitor, and I believe in precise accordance with his directions—neither Mr. Papworth or myself had a shadow of interest or hope in reference to the property of the deceased—there certainly was not the shadow of a hope on my part, and I never heard any expressed by Mr. Papworth—I returned again on the Sunday, but previously between 5 and 6 o'clock on the Saturday, I saw Mr. Plowright, in accordance with the appointment I had made in the middle of the day at Plowright's, and of the letter which I received—I mentioned to him that I understood he had prepared some partnership articles between Edwards and Scoular, and I expressed my surprise that he, as the solicitor of Edwards, should have prepared partnership articles for a man in the state in which Mr. Scoular was, without the intervention of his solicitor—he said he did not consider the solicitor of Mr. Scoular was necessary, as the partnership articles which he prepared were a mere copy of the partnership articles which I had prepared some years previously, between Scoular and Loft—I told him that I had not been able to see Mr. Scoular's copy of those partnership articles, but that I had learnt from Edwards that he had Edwards's copy, and I asked him if he would permit me to see it—he said, "Yes," and produced it, and at my instance, he lent me the draft of those articles—he then said that the consideration was 200l., but that as Edwards had no money, he had given a, bond for the payment of the money in two years—he spontaneously added that the capital was to be 200l., which was all to be provided by Mr. Scoular, and to be paid into a bank to the joint account of Scoular and Edwards—he told me, also spontaneously, that he had found that Scoular was indebted about 240l. for rent to his landlord, and that he wanted some money for himself, and that therefore he had taken from Scoular a power of attorney to sell out 550l. Consols; that power of attorney he told me was made out to himself and to Edwards, and also extended to the receipt by them of the dividends due to Scoular—he told

me that he had sold out, I think it was the sum of 545l. odd, to raise the precise sum of 500l., and that as Scoular was not able to go to the banker's, he had paid it in to the separate account of Edwards, at the Union Bank—I inquired if the dividends had also been received, and he told me they had not, and if I pleased, he would himself receive those dividends, and pay them to me—(I afterwards found there was an arrear of dividends)—I objected to receive the dividends myself; I suggested that Mr. Plowright had better receive them, and I should be more content with their being in his hands, than their getting into the hands of Mr. Edwards—I afterwards found at the Bank that the dividends had then been received—I went to the Bank on the 24th, and I afterwards spoke, on the 24th, to Edwards and Plowright, and found that they had been received before—they did not state at what time—the Bank clerk is here—both Edwards and Plowright told me on the 24th that they had been received—I represented to Plowright, in the presence of Edwards, that I found they had been received previously to the 22nd—Mr. Plowright said that he had learnt from Edwards that morning that they had been received—I asked the amount; Edwards said 80l., or thereabouts, and that had been paid to the account of Mr. Scoular—I asked if he meant that it had been paid to the separate account of Scoular, or into the account opened in his name.—he asked Plowright if he should answer that question, and Plowright desired him not to do so—at my interview with Plowright, on the evening of the 22nd, I told him that I had that day been to Scoular's, had seen Scoular, and had taken the instructions for his will, and that those instructions were to leave everything to his brother, with the exception of legacies to his two cousins, whose names were Janet Thompson and Mary Ann Thompson—this was said to Plowright only—Edwards was not there—I am now speaking of what occurred on the evening of the 22nd—Plowright said that he was aware I had seen him, for he himself had seen him since—he said he himself had been several times to him to get him to make a will, and that he had always postponed doing so—I believe the expression he used was, "I have been several times to him to get him to make a will, and he always postponed it," and he said, "I have desisted in consequence calling upon him for the purpose"—I then adverted to the note, which is dated "Thursday," signed by Scoular, and said, "I am fearful that any party who could get him to sign such a letter, might get him to sign any other document," and Plowright assured me that he believed that Scoular had made no will—I believe that was all that took place at that interview:—on Sunday morning, 23rd, accompanied by Mr. Simpson, I went to Scoular's; Edwards came in immediately after me—I stated that I came to take his signature to his will, and I was told that he had died that morning at 8 o'clock—I then told Edwards that I understood from Mr. Plowright that he had had 500l. of Scoular's money, and that it had been paid into the Bank, and I asked him if he would permit me to see his banker's book, that I might satisfy myself that the money was safe; he told me that Sunday was not a proper day for the purpose, but if I would call next day he would show me the banker's book—I then, with Mr. Simpson, left Dean-street, and went to Mr. Papworth's house, in Newman-street—Mr. Papworth was out for the moment, but his son told me that Mr. Edwards had just left a letter there—I found the letter, which I opened; it is here—it is dated Sunday—after that, I accompanied Mr. Papworth, and I think also Mr. Simpson, back to Scoular's, and we there met Mr. Plowright—I think Mr. Simpson did not then remain—when we returned, Edwards was out—Plowright told

us that he had that morning learnt from Edwards that Scoular was dead, and that Edwards had left in his possession a will, which will we might see if we thought proper—I have a copy of the will—I afterwards went with Plowright and Papworth to the police office, to put a man in watch of the premises, and I accompanied them to Plowright's house—I was then shown a will, of which I was allowed to take a copy, and of which it is a true copy; Mr. Plowright himself having examined it with me—I expressed my conviction that the will could not possibly stand, in which opinion Mr. Plowright concurred, stating that Edwards had been too greedy, and that the will could not stand—(MR. PARRY stated the substance of the will; it gave a legacy of 100l. to Marchetti; 50l. to Masspoli; 50l. to each executor, Papworth and Plowright, to Morton Andrew Edwards, all the testator's share in the business and fixtures at Dean-street, and all the property he died possessed of, whether real or personal, was divided into two equal shares, and given to Edwards and Augustus Hay)—it is attested by four witnesses—I have seen Hay—I saw him on the 24th, in company with Edwards and Plowright, at Dean-street; further than that I know nothing of him—I am acting in this matter for George Scoular, the sole next of kin—he is my client; so acting for him, I have felt it my duty to take every step I possibly could to set aside this will; in Chancery to protect the property, and in Doctors' Commons a suit is now pending—the bill in Chancery also extends to set aside the partnership articles, on the ground that they were fraudulently obtained—on the morning of the 24th I called, and I then asked Edwards to produce the banker's book—he declined to produce the banker's book, saying he was advised by Plowright not to produce it—he produced to me the partnership books, and I had an opportunity of looking at them, but not the banker's book.

Cross-examined by MR. SERJEANT WILKINS. Q. When did you file your bill? A. The precise day I cannot say; as soon as I reasonably could after the death—I believe the date is on the bill—it was soon after the death—the inquest was held, I think, on 25th July—I believe the first hearing before the Magistrate, which was postponed, I believe, for the convenience of counsel, was before the filing of the bill, and I believe it was a few days after the filing of the bill on the following Thursday, that the meeting before the Magistrate took place—Dr. D'Allex was not charged before the Magistrate—I had served him with a subpoena to attend as a witness—Mr. Sleigh, representing Mr. Parry, who was engaged in this Court, attended as my Counsel—Mr. Sleigh undoubtedly opened the case at very great length—the Magistrate declined to hear evidence, in consequence of the pendency of the suit in Chancery—the Magistrate in the first instance expressed an opinion that there was not a case of conspiracy made out, but after hearing Mr. Sleigh, he altered his opinion—I cannot answer the question whether Mr. Bingham uttered a syllable indicative of a change of opinion—he did not dismiss the summons; he adjourned the summons until after the Chancery proceedings were concluded, saying that he would not dismiss the summons—as he reserved the case, I should say he did indicate a change of opinion—he did not dismiss the summons, but he adjourned it.

Q. Did he not say, upon Mr. Sleigh entreating him to hear the case, that if he could he would please all parties, and he would not hear anything until after the Chancery suit was decided? A. I believe some words to that effect he did state, but he certainly did not dismiss the summons—he did not reject the argument urged by Mr. Sleigh, and the impression upon my mind is that he did not consider it was a case that he ought, as he did

not, to dismiss—he declined to hear the evidence, stating that he thought it would be indecent for a single Magistrate to hear a case which was before the Lord Chancellor—I think it was on 15th Sept. that I preferred the bill before the Grand Jury.

COURT. Q. Then you did not attend on the adjournment? A. It was adjourned almost sine die; it was not dismissed; it was adjourned until the Lord Chancellor's judgment should be given—I will not say it was adjourned until the Chancery suit was over—there was an application for an injunction—I should say there was a refusal to entertain it until the suit was over.

MR. SERJEANT WILKINS. Q. The Chancery suit is not over, is it? A. It has been postponed upon the answer, at the application of the defendant—it is not over—I have cited the parties in Doctors, Commons to bring in the will, which they have not done—I cited them at the same time that I filed the bill—I instructed my proctor, and he did not think it expedient to cite them until the commencement of this term—that was certainly whilst this case was pending here; nor can the decision of this case affect the decision of the validity of the will.

Q. When did you last do any legal business for the deceased? A. I think, according to the best of my recollection, it was in March in the present year, when I was, by his desire, instructed to inquire into, and make proper arrangements with a person of the name of Mismay, with whom it was proposed that he should go into a kind of partnership, and upon that occasion, although I did not personally see Mr. Scoular, he came to my office to see me—some few months previous to that, I had had some communication with Mr. Scoular himself—his business was in the collection of money, or otherwise—I cannot tell when the last time was—it was in the course of the preceding year—it was not years ago—my partner attended to those things more generally; it was the collection of money, which does not come under my department—I do not know that I ever heard of his brother before this matter.

Q. Although you were his confidential adviser? A. I did not tell you I was his confidential adviser; I said that when he wanted a solicitor he consulted me—I believe if he had any matter of confidence he would consult me upon it—he consulted me upon the subject of his forming a partnership with Loft, and also upon the dissolution—I arranged the dissolution—I did not find that the deed of partnership between Edwards and the deceased was nearly a copy of mine that I had made before; on the contrary, I found there were material differences—in the early part of the deed there are words introduced by which Scoular is made to make over, as I read the deed, all book debts—those words are introduced in the recital of the agreement, although they are not in the operative part—in my apprehension, if the deed was valid, it would pass the book debts, although it is not in the operative part—a recital is often considered a covenant in partnership articles—in the deed with Loft, the partnership capital was to be furnished by the two equally—in this instance they are wholly to be furnished by Scoular—in the partnership with Loft, I think, the capital was 500l., or a larger sum, and that was to be provided in equal moieties by Loft and Scoular—in the deed with Edwards, it is wholly to be provided by Scoular—the bond is for the consideration—a larger sum was monthly or weekly, I believe it is, to be paid out to Edwards than was to be paid out of a larger capital to Loft, 2l. a week, instead of 1l. 10s.

Q. Pray, at that time, let me ask, if you were so intimate with Mr.

Scoular, was he in much better health when he entered into the partnership with Loft? A. I have never said that I was intimate with Mr. Scoular—I did not consider him in bad health at that time—he was certainly capable of taking an active part in the business at that time, and he did take an active part—I did not accuse Mr. Edwards of having poisoned Mr. Scoular—Mr. Papworth proposed that the Coroner should be called in—Mr. Simpson concurred in it, and I certainly thought it was a proper case for inquiry—I was present before the Coroner, and I did volunteer evidence—I did not instruct Mr. Simpson to commence opening the body—I did not know that he was so doing.

Q. Did you express an opinion that Mr. Edwards had used some unfair means to hasten his death? A. I have written letters which will state the opinion which I expressed—I have stated, and I repeat now, that the mere fact of the absence of poison, and the absence of any appearance of violence, did not satisfy my mind that the death, for which there was palpable and apparent cause, occurring at what time it might, would have occurred at that precise moment, had it not been known that, if delayed, a will would have been executed, had it not been known that a will was about to be executed—I have said this, that the circumstance of the death occurring at the particular moment that it did, although there was disease enough to account for death at any time, certainly led to suspicions that the death might have been accelerated, not by making his will, that his death occurred a short time before it was known he would make his will—I do not know by what means it was accelerated—my notion was, that he held his life by so extremely attenuated a tenure, that the most trifling circumstance might have tended to destroy life—I have certainly not expressed an opinion that Edwards had used unfair means to accelerate the death of Mr. Scoular—I have said that the death might have resulted from any cause whatever—I said there was sufficient cause to justify suspicion that his death might have been accelerated—I went on the 21st to take his instructions for his will; on the 22nd I did take his instructions, and prepared his will in accordance with those instructions; and on the 23rd I went to take his signature—I prepared the draft on the 22nd, and in the draft there was one blank, and one blank only, which was for the amount of the legacy to be given to his cousin—I have got both the draft and the copy here (producing them)—it was Mr. Scoular himself who mentioned the cousins, before I did—I have always said so—I asked him what sums he chose to leave his cousins—he aid he had not made up his mind, and therefore the blank was left that he might make up his mind between that and the next morning—with the exception of those two legacies, he ordered that the whole of the rest of his property should go to his brother George—I suppose it would not take me more than ten minutes or a quarter of an hour to draw a will of that description—I suppose I was with him more than half an hour—if you please, I will tell you all that occurred upon that occasion—it was on Saturday, 22nd July, the day before his death—I went upstairs to his bed-room—Mr. Papworth was not there—George Scoular was there when I went up—he fetched me, and I went up with him—I said, "I am very sorry, Scoular, to see you so ill"—I commenced the conversation with him in that way—his answer was, as I understood him, "Not so ill"—after some conversation about the partnership articles, and his directing his brother to look for it, and not finding the key, Scoular said, "We will talk of that lay and bye; there is to be a will"—I said, "Yes; I have come to take your instructions for your will"—George Scoular was in the room

when that was said—I then asked George Scoular for pen, ink, and paper, and he gave me a sheet of note paper, and a magnum bonum pen with a handle which would not fit into it, and an ink bottle which I could hardly put it in—George Scoular produced the paper and the pen out of a book in his pocket, and he went into another room and brought the ink bottle—the deceased then suggested that his brother should go out of the room, and I requested him to go out—I then said to him, "What do you propose to do with your property?" or something to that effect—I believe those were the words—it was either, "What are your testamentary intentions?" or, "What do you propose to do with your property?"—he said, "I don't exactly know," or some words like that—they were words stating that he was not prepared—what the precise words were I will not take upon myself to say—you have my affidavit before you, and if I state anything inconsistent with it you can contradict me—at the present moment I am not prepared to state the precise words; whether it was, "I have not thought about it," or, "I am not exactly prepared," I know not; it was one or the other—I will not take upon myself to swear what was the precise form of words he used—I believe I said, "You had better make up your mind," and I believe the expression he used was, "I have not quite made up my mind, or thought about it"—I said, "You had better do so at once"—I said, "What relations have you?" by way of leading his mind to what he intended to do with his property, and his answer was, "There is but that youth," referring to his brother.

COURT. Q. What aged man is he? A. Scoular was about sixty and his brother fifty.

MR. SERJEANT WILKINS. Q. Did you then say, "Am I to understand that you wish to give everything to your brother?" A. I did—he said, "Yes"—I then said, "If such are your intentions, I can prepare your will in a very few words; it will run thus: 'I give all I die possessed of to my brother George, and I appoint my said brother the sole executor of this my will'"—I said, "Is that what you mean?" or, "Is that your wish?" and he said, "Yes"—I commenced writing the said will—I wrote the words, "This is the last will and testament of me, William Scoular of—"—there is the paper—I did not read it out to him—he then made an intimation, a sound, that he wanted to speak to me, and I left off, and went to his bed to speak to him—I believe the bedroom was not much larger than this small space here (in front of the witness box)—I went from the table to him.

COURT. Q. You could not hear him a yard and a half off could you? A. It was difficult for him, I think, to speak loud enough for me to have heard him at two yards or a yard and a half off—he was extremely feeble.

MR. SERJEANT WILKINS. Q. Did he say, "There are two cousins"? A. He did—I said, "The Thompsons?"—he said, "Yes"—I asked him whether he intended to give them anything—he said, "Yes"—I first, I believe, asked their names, and where they resided—he told me Janet and Mary Ann Thompson, and they resided at Edinburgh, somewhere, in lodgings—I believe I also asked him whether there were any other persons to whom he desired to give legacies—he said, "No"—I then asked him how much he proposed to give them—I believe he said, "I have not made up my mind," or something to that effect—it may have been, "I have not thought about it"—I will not say the precise words in which he stated it.

COURT. Q. It is rather an important difference; if you can, tell us? A. I rather incline to think the words were, "I have not made up my

mind," but he may have said, "I have not thought about it," meaning what amount to give them—that was how I understood it at the time.

MR. SERJEANT WILKINS. Q. Will you venture to swear that he did not say, "I have not thought about it?" A. I will not swear that he did not use those words.

Q. Did you not say, "Why, you should do so," and ask him whether it would be 50l., 100l., or 1,000l., each? A. I did use words to that effect—I believe I stated this: "This is a case in which there appears to be a likelihood of litigation; you must bear in mind that, in the event of litigation, if the costs are not paid by the other party, they will come upon the residue, and therefore you should regulate whatever you give to your cousins with reference to the amount of your property, and with reference to the amount you intend to give your brother; bearing in mind that he, out of the residue, will have to pay the legal expenses"—I expected litigation with Mr. Edwards.

COURT. Q. Do you mean that you said all that to this poor dying man? A. I said all that at that time—I saw that Mr. Edwards was in the possession of his property, and I saw that he had been removing property.

Q. You said how much to each, did you name the sums? A. I said this, "Will you give them 50l., or 100l., or 1000l.,? you must give, of course, with reference to the amount of your property, and with reference to what you give to your brother."

MR. SERJEANT WILKINS. Q. Did he not tell you that he would prefer that the will should be delayed another day? A. No, he did not—finding that he hesitated in fixing the amount to be given to his cousins, I said this, "I fear I have already fatigued you, I will prepare the will in this way: 'I give to my cousins so much each, the residue to my brother, and appoint my brother my executor;' is that your wish? if so, I will prepare the will, and bring it to you to-morrow to fill up, and by that time you can make up your mind as to the amount of legacy you will give your cousins"—I should say I did not ask him if he would prefer it being delayed until the following day, that he might consider about the amount—I believe I have the draft of my affidavit here—I have here the office copy of it—(the witness was desired to refresh his memory from it)—when I inquired what he proposed to give his cousins, he said he did not quite know—I should say he did not use the words, "I have not thought about it"—according to the best of my belief, I swear he did not—you may caution me as much as you please, I do not need cautioning; I am quite aware that I am upon my oath—I swear, according to the best of my recollection and belief, that he did not use those words—I have not been using the original affidavit for the purpose of refreshing my memory—I do not know that I have read over that affidavit; I believe, before the last indictment, I looked at it, without reading it, merely casting my eye through it.

COURT. Q. What is the document you were looking at? A. An office copy of the affidavit; the affidavit being filed in Chancery, a copy is given out by the office of the Clerks of Writs and Record.

MR. SERJEANT WILKINS. Q. Did you say, "You should do so;" and ask him whether it should be 50l., 100l., or 1000l.,? A. I did—I think I then told him I thought I had fatigued him enough, and I would prepare the will in the form I had suggested, and bring it up to him next day, by which time he would have made up his mind as to the amount of legacy he would give to

his cousins—I asked him if he had property in the Bank, or about the house, except the stock in trade—he did not say there was 200l. paid into the partnership—he said there was money in the Bank, as in Loft's matter—I do not believe that he at all mentioned the sum of 200l.—according to my belief I will swear he did not, to the best of my recollection; I will not swear that he did not, but I state distinctly that, according to the beat of my recollection, no such sure was mentioned by him—I asked him if he thought the property he had in the house was all right—he did not answer, "I do not know, I will see;" he answered, "I don't know"—I said, "Then I think it is better that you should see"—I was standing almost close to him at that time—he spoke lowly; whether he could speak louder or not I do not know—he spoke above his breath, he spoke in a low voice—he appeared extremely feeble.

Cross-examined by MR. BALLANTINE. Q. How long were you with him altogether, half an hour? A. I think about half an hour.

Q. Did it not occur to you that it was rather a perilous matter, this man being almost in articles mortis, to occupy his tune for nearly half an hour? A. I thought that I had quite tired him enough, and I so told him—I certainly considered that he was likely to die soon—whether he would live for a week, a fortnight, or a month longer, I could not judge, but it appeared to me that he was in extremis—at that time I certainly did not suspect that he had been poisoned; I thought he was so extremely ill that his death might occur at any time—Mr. Simpson suggested the inquest; I certainly concurred in the propriety of the suggestion, as I thought that the death, occurring at the precise moment it did, was an extraordinary coincidence—I certainly have not the slightest supposition that my conversation with him could have hastened his death for a moment—I do not think so now—nothing occurred which was calculated to excite him; he was not excited, and I do not consider that his death could have been hastened by it—I thought I had talked quite long enough to fatigue him, and I therefore proposed to bring his will next day—I was extremely surprised to hear that he was dead—the fact of his death at any time would not have surprised me, but his death at that moment surprised me materially, notwithstanding the conversation I had had.

COURT. Q. I do not understand you; you say his death at any moment would not have surprised you, but at that moment it did? A. The death occurring at that particular moment, when the will was ready to be prepared appeared to me an extraordinary coincidence—it did not surprise me, because there was quite enough apparent cause to account for death at any time.

MR. BALLANTINE. Q. Had you any doctor with you to see how much this dying man could bear? A. Not on the Saturday I had not, and on the Sunday I did not take him with a view to see how much he could bear, but took him to witness the will; although I did not consider a medical man was necessary to witness a will, leaving everything to his own relations, but expressly to see that he was put in a state of bodily comfort, and expressly to see to his bodily comfort—I certainly did not consider it necessary to take a medical man on the Saturday, nor did I consider, from the state in which I saw him, that there was anything in what passed calculated to excite him—I think I had seen him previous to visiting him upon the subject of the will, some time about the middle of the preceding year; perhaps about twelve months before—I cannot tell how recently before that I had

seen him—I occasionally met him at Mr. Papworth's, and he occasionally came to my office; he had not much business to transact, and I never was in the habit of going to his house—in the ten years preceding his death, perhaps I had seen him twenty or fifty times; I cannot give you very accurately the times—he was not a man whose habits induced me to visit him, although I considered him in the character of a friend—I mean his personal habits; he was a man of slow habits and mind.

Q. Being a man of slow mind, I think you must rather have administered a dose to him for that half hour? A. I do not consider that I administered any dose whatever; I thought I had done quite enough to tire him—possibly fatigue at that time is very near death—it is possible I was very imprudent in talking too much; I abstained as much as I could, except upon the immediate purpose for which I came—I recommended him to see that his stock was right, not his stock; I said, "Have you any other property?"—I found that Mr. Edwards, from his own words to me, had been looking among his private papers, and I found that he had sent property away from the house, and therefore I thought it quite proper that he should see—Edwards told me that he had learned the address of George Scoular from looking among his private papers—I did not recommend the deceased to go and look himself; I said, "You had better see that it is all right;" I meant by employing his brother, or anybody he pleased; he certainly was not in a condition to walk, or do anything.

Q. Then, he not being a valuable client, and you not knowing much about him, why should you assume any right whatever to make his will? A. Because I was sent for to make his will, because I had received instructions, and it had been postponed—I did not force myself to this dying man's bed-side upon the suggestion of the brother, to whom all this money was to go—I had been consulted about the making of the will, by Mr. Papworth, as coming direct from him—on the 12th, I was appointed to come on Thursday, on the 13th my attendance was postponed, on the 19th I received a communication from Mr. Campbell and Mr. Papworth, that he had expressed a wish to see me to make his will; on the 20th I was informed that he had expressed a desire to see me to make his will; on the 21st I went for that purpose; on the 21st I heard from Mr. Simpson, which was stated in the presence of Edwards, that he was fearful of giving offence, and therefore he had postponed me; on the 22nd his brother came to town, and I accompanied his brother to him; I sent up his brother to him to tell him that I was there, and to ask if he wished to see me, and he sent word down that he wished to see me—I went up, therefore, to him—I did not introduce the subject by saying that I came to make his will; I asked him first about his health, and spoke of the partnership articles, and he then said, "There is to be a will"—I did not say that the partnership was a riddle to me, I did not say anything about a riddle—that was the way in which I came to be at his bedside; Mr. Scoular and I had no conversation about his property—Mr. George Scoular came to my office, and told me what had taken place at the interview between himself and his brother that morning; and in my way up to Scoular's I asked him what relations he had, and he told me he was his only brother, and that he had two cousins of the name of Thompson—when I went to the deceased's bedside, I and George Scoular had not had one word of conversation about the disposition of the property—George Scoular is now my client in this matter, he is the person paying the costs of all these proceedings, he is my client, and he is indebted to me for everything

—I certainly intend to render him liable for the costs of all these proceedings—I look to him for payment, in the Chancery suit, the police court, Doctors' Commons, and the Old Bailey—Scoular will have to pay them all; there is no other person that I can look to, and he is liable to me—I have told him repeatedly that it would be extremely expensive—I told him so before I had spent a single shilling—he is a gentleman living somewhere in Edinburgh.

Q. I suppose you have ascertained whether he has got any money? A. In the first instance my conviction is, that it is impossible the will can be maintained—I mean the will giving the property to Edwards—then the property will slip into Scoular's hands.

Q. And then it will slip out of his hands into—? A. There is no question he will be liable to me for a certain amount of costs—there is no action going on, a suit was issued which ran out; immediately after the Coroner's inquest, I got one or two letters from Mr. Plowright, in the name of Edwards, threatening to bring actions against Mr. Papworth, against Mr. Simpson, and against myself, for defamation—I am not in the habit of defaming anybody intentionally.

Q. Did not you just insinuate that there was a little bit of murder? A. No, nor a little smothering—I stated then, and I state now, that I thought there was quite sufficient cause to justify inquiry into his death, and there might be reason to suppose that his death had been accelerated—I did not state by whom—if you ask me by whom I now state, I say there were various persons about—the nurse told me that nobody had seen Scoular after I had seen him, except George Scoular, whereas I have since discovered that many did—I do not say who I think murdered him; I do not say that I think anybody murdered him—I say there was reason to suppose that his death might have been accelerated; by whom I have neither said, nor do I see that I am called upon to say—I think some time in the month of July a writ was served upon me—nothing further has been done in that writ—they are quite welcome to bring the action, and I am quite ready to defend it—a writ was also issued against Mr. Papworth—he brought the writ to me—he understood quite enough what it was for, and Mr. Simpson likewise—he did not require any explanation; he had received a letter, which I have here—I should say there could be no mistake what it was for—what it was for was, I presume, to intimidate us, for I do not believe there was a serious intention to bring an action—I suppose Mr. Papworth could not make any mistake about the nature of the charge—he certainly understood what the nature of the charge was—I do not know that before I sent any message, Edwards had sent a telegraphic message to George Scoular; I know that on the same day that Mr. Papworth was advised by roe to write to his brother I got the telegraphic message, which I will produce, which Mr. Edwards sent to him—it is dated the 20th—it is a telegraphic message sent to George Scoular, desiring him to come up to town—here is the document; it is a written document, it had better speak for itself; it is a letter, advising him to come up to town immediately—I suppose that was not before any of us had sent to him—Mr. Papworth had written on that same day, the 20th—he wrote by pos t—I had advised him to write a telegraphic message; but he could not find the address, so he wrote by post.

Q. Then, in point of fact, it was the message of Edwards that brought Scoular to town? A. Mr. Papworth will answer that question; he has

answered it already—if you ask me, I say he did not come up in consequence of the message, but he came up in consequence of a communication from Mr. Steele, and Mr. Papworth's letter—as a telegraph travels faster than a letter, I must infer that he had the message first.

COURT. Q. You believe he had? A. I believe he had—the letter and the telegraphic message were sent on the same day.

Cross-examined by MR. BODKIN. Q. I believe you prepared the former articles of partnership? A. I did—I think that was in 1839—I do not think the deceased was ever in strong vigorous health, while I knew him, but certainly I had no reason to suppose him otherwise than in reasonable health at that time—he was sufficiently so to attend to business, and to render important assistance in the conduct of it—he was in a very different state of health to what he was in the early part of this year—I did not see him in the early part of this year, but when I saw him, or when I heard of him, he was in better health—I have the original partnership deed of 1839—I did not find it, it was found on the deceased's premises—I have pointed out two variances between that deed and the present deed of partnership with Edwards—with the exceptions which I have mentioned, I believe they are the same—I believe they are in the same language—I saw Mr. Plowright on the 22nd—I had called upon him that day, on my way to Dean-street, and left a message that I would call between 5 and 6 o'clock—I had called upon him on the preceding Thursday, the 20th, without finding him at home—on the 22nd I received a note from him, which intimated that he would be glad to see me—I did not call in consequence of that note, I had previously intended to go, and I should have gone whether I had received that note or not—the note said he would be at home at the time I went—I believe I have given you almost the whole of it—he did not tell me, when he spoke of the partnership deed, that he wished the deceased to have the assistance of an attorney, but that he wished a mere copy to be made of the former deed, or else articles of partnership founded on that deed—he said nothing of the kind—he told me that the deed was a copy of the former one, and that he had received it from the deceased for that purpose—he did not tell me that that course was adopted at the instance of the deceased to save expense—I cannot charge my memory with every word; I answer to the best of my ability that which took place at the time.

MR. PARRY. Q. Is that a memorandum you made at the time? A. That is the commencement of the will—I wrote the names down at the time upon that—this is the original draft of the will that I was to prepare—it is the copy that I took for the purpose of it being executed—I left blanks for the legacies to Masspoli and Marchetti—Mr. Scoular was not at all excited during the twenty minutes' or half an hour's interview I had with him—he was extremely feeble—when I spoke to him about his brother he appeared to understand.

COURT. Q. You say he was not at all excited; how do you account for the fact of finding him sitting out of his bed? A. 1 believe that that was occasionally his practice, by way of relief; he was sitting with his legs bandaged, upon the bed—I found him so and I left him so—I presume that I know his writing—there is a sufficient resemblance in the execution of the will that has been shown to me, not to induce me to say that it is not Mr. Scoular's—I believe it to be his.

GEORGE SIMPSON . I am a surgeon, and a fellow of the College of Surgeons.—I was called in to see Mr. Scoular on Thursday, 20th July—I saw D'Allex

in the deceased's bedroom on my first visit—there was some loud talking, and he retired into another room at my suggestion—on my second visit the deceased told me something about Dr. D'Allex making him write a letter; and afterwards, on the occasion of the analysis of the stomach and liver, I told Dr. D'Allex that the deceased had informed me, on my last visit on Friday, that he had compelled him to send a letter to put off seeing Mr. Papworth, as he had expressed a wish to do—he nodded an assent; he did not deny the fact: he merely bowed his head—he did not say "compelled," but "made him sign a letter"—that he threatened that he would not attend him, or have anything more to do with him, if he allowed Mr. Papworth to visit him—that is the only conversation I have had with Dr. D'Allex.

COURT. Q. Did he say he did not choose to have his patient interrupted by various persons? A. No, he did not give any explanation whatever—he made some allusion, in speaking of Mr. Papworth, that he hoped he would suffer for what he had done; and I said, "I think it right to tell you what the deceased said to me at my last visit, that he accused you of making him sign a letter"—that was in the presence of a gentleman who was making the analysis—the analysis was to ascertain if there had been any unfair means—there was an inquest, and the coroner ordered a post mortem examination to be made, and I conducted it in the presence of seven or eight gentlemen—it was with a view of ascertaining whether there was any poison in the stomach, and there was not.

Cross-examined by MR. SERJEANT WILKINS. Q. Do you know that Sir James Clark and Sir James Eyre both saw the deceased before He died? A. Yes—I do not know that they both approved—I was told that they were both there, by Mr. Edwards' mother—I did not begin the post mortem by myself, but with my son in law—the Coroner said to me, "You go immediately and make the post mortem examination, for in all these cases it is very important."

MR. PARRY. Q. Did you, in the presence of D'Allex, ask the deceased whom he wished to see? A. Yes—Edwards was not present, he was in the drawing room—I was about leaving with Mr. Papworth, and I said to him, "What do you intend to do now?"—he said, "I have nothing more to do with the case; I have seen my friend, and have nothing more to do"—Mr. Edwards seemed to make some objection, and I said, "You had better let me go into the room and ask Mr. Scoular who he would wish to call upon him"—I went into the room, and found D'Allex putting bandages upon Mr. Scoular's legs—I said, "Mr. Scoular, who do you wish to visit you?"—he said, "I wish to see Mr. Papworth and Mr. Van Sandau;" and he repeated, in the presence of Dr. D'Allex, that that was his wish—I was not aware at that time who Mr. Van Sandau was, not till I came out—I returned into the drawing room, and said to Edwards, "Mr. Scoular has again expressed a wish that Mr. Papworth should visit him frequently, as well as his solicitor, Mr. Van Sandau—Mr. Papworth said, "That is my brother in law"—that was about half-past 7 in the evening—in consequence of that, Mr. Papworth asked me, in Edwards' presence, if I would inform Mr. Van Sandau—I did so; and on the following morning, the 21st, I accompanied Mr. Van Sandau there, and we saw Edwards, but not Dr. D'Allex—I was present at that interview—Edwards said that he should object to him or any of his friends seeing him, unless he was present; that he had his own interest at stake; he had invested his capital in the concern, and if he persisted in seeing friends, without his presence, he would withdraw the supplies,

take away Dr. D'Allex, shut up the house, and withdraw the nurse—in the interview I had with the old gentleman, he perfectly understood what I said, I have no doubt in the world—Mr. Van Sandau requested that I should be admitted up stall's, and I was—it was at that interview that Mr. Scoular told me he had been obliged to sign the letter.

Cross-examined by MR. BALLANTINE. Q. You seem to have taken a more active part in this matter than a medical man who attends to his duty? A. Not a bit—I was called in, as a medical man, by Mr. Papworth—I was informed at Marlborough-street, before Mr. Hardwicke, that Mr. Scoular had expressed a wish that some medical man should visit him—Mr. Papworth is a patient of mine—I have not attended him for seven or eight years, but I did formerly—I never had a dinner at his house—I have had no more acquaintance with him than any other gentleman whom I know, no more than I know of you—Dr. D'Allex and I had a consultation about Mr. Scoular—I merely saw the state he was in, and Dr. D'Allex told me that he had laboured under disease some considerable time—I saw no objection to Dr. D'Allex's treatment—I saw nothing to lead me to suppose that he had treated him improperly—I do not think we touched upon the treatment at all—I had conversation with Dr. D'Allex—I was satisfied with his mode of treatment, I saw no objection to it—he said, "This gentleman has been labouring under disease for several years," and he said, "He will die"—I said, "I can see that"—I did not differ from that opinion, and I never said I did—nothing on earth could have prevented his death; he was too far advanced in disease.

Q. Sometimes there is such a thing as alleviating disease and pain; did you and Dr. D'Allex set to work to see how you could alleviate his pain? A. He was perfectly without pain, and told me that he should get well; he expressed himself as perfectly happy—said I was sorry to see him so ill—he said he was not ill, and he hoped to get better—I did not hit out any new remedies, or old ones either—I left him perfectly satisfied with Dr. D'Allex's treatment—I have said so all along—I should not object to Dr. D'Allex being paid for it—I consider that a medical man ought always to be paid; in fact he cannot be paid too well—the state of Mr. Scoular's legs was a secondary consideration; it was the disease—he had his legs bandaged—they would require continual treatment; the nurse would do that—they had swelling of the cellular tissue, which would require continual attention—it was the fact of organic disease pressing on the larger vessels, and inflammation set in—I do not think 50l. or 60l. too much for twelve months' attendance on a man in that condition, certainly not—I went, before the Coroner to prove the truth—Mr. Scoular died a natural death—he was not poisoned, or smothered, or shaken to death—I said that no human power could save him, but that is not analysing the contents of the stomach—a man might labour under disease, and yet be poisoned.

COURT. Q. Who suggested poison to you; you did not imagine it yourself? A. It was on mentioning the fact to the Coroner of the circumstance of this gentleman's friends being prevented having access to him, and his dying at such a moment—nobody particularly suggested poison—Mr. Papworth and Mr. Van Sandau said that they thought there ought to be an inquest, in which I quite agreed myself, and the beadle.

Q. I want to know what induced you to suspect poison? A. The only fact of his dying at the very moment when he was to have executed a will, and the Coroner said that it was a very proper case—I cannot say that the

poison was a suggestion of my own mind—it is always customary, when you have made a post mortem examination, for the Coroner to ask you, though there is sufficient disease, if you have examined the contents of the stomach—I examined to ascertain the presence of poison—it was merely to see that everything was right.

MR. BALLANTINE. Q. Did you subject it to any chemical tests? A. Yes; that first originated with Mr. Edwards's party—when I had opened the body, a gentleman took a portion of the liver—there were several medical gentlemen present, Mr. Tatham and Mr. Bloxham; in fact he made the post mortem.

COURT. Q. What attracted all that attention? A. Mr. Edwards requested somebody to be present on his behalf, and the Coroner wrote me a letter, and suggested the propriety of it—it was thought that the man might have been poisoned.

MR. BALLANTINE. Q. Was it said? A. It was said that he might not have died a natural death—I do not know whether Mr. Papworth or Mr. Van Sandau Raid that, or both—dying at the very moment that he did, the Coroner thought an inquest proper.

Q. You profess to give a conversation that you had with Dr. D'Allex; did not you tell the Coroner that the deceased said, "Dr. D'Allex has been very kind to me, therefore I was obliged to sign a note requesting Mr. Papworth not to come?" A. I do not recollect saying the words to the Coroner—I recollect very well the deceased saying those words—he said, "I was obliged to sign this note immediately after Mr. Papworth left, because Dr. D'Allex has been very kind to me, and all I wish for is peace and quietness"—I have not yet been examined about that—(MR. PARRY staled that he had purposely abstained from asking the witness about it.)

COURT. Q. On the occasion of your seeing him on 20th July, did you or did you not anticipate his immediate dissolution? A. No, but I did on the Friday—I was not in the least aware of the extensive character of his disease, but on the Friday I came down and told Mr. Edwards that I thought he could not live forty-eight hours, and that he had expressed a wish to make his will—he had had a very bad night on Thursday night—Thursday was the day on which all this altercation took place between the contending parties—I felt at the time that that was sufficient to make him worse, and that prompted me to ask Dr. D'Allex to go out of the room, and when we came in, Dr. D'Allex resumed the quarrel again—I do not think that talking about his will could in the least have affected him on Thursday, and did not anticipate it.

Q. Do not you think that a medical man might conscientiously have recommended that it should be postponed for a week? A. I think he would say that being so well it was the proper time—I did not anticipate his death—he was in that state that I considered it my duty to suggest it, though he probably might live a month or six weeks, his mind being calm and collected, though he was so ill—I do not think that a medical man could conscientiously entertain an opinion that it was dangerous to trouble him about his will at such a time—I should not have had the least objection to his seeing his solicitor—if his mind had been at all impaired he would not be in a state to make his will—a medical man might conscientiously entertain that opinion, but that is not my opinion, certainly not—my opinion was that anything like an altercation would injure him, anything which excited him, in short; and he said to me the following

morning, "You saw what a disturbance took place yesterday"—I did not know what he alluded to, and he said, "Dr. D'Allex and Mr. Papworth"—it is usual for doctors to say, "If you do not obey my instructions I shall decline to attend you"—I myself should decline to attend any patient who did not attend to my instructions.

FRENCESCO MARCHETTI . I have been in England thirty years—I can speak a little English, I cannot speak well (an interpreter explained what the witness did not understand, or could not express in English)—I was in the employment of Mr. Scoular fourteen or fifteen years, but I had another master before him—I was with him up to the time of his death—for a few weeks before Mr. Scoular died, Short had to pay me my wages sometimes—Edwards paid me on Friday, because he sent me away—he paid me the full week—he told me nothing with regard to my wages, but that he might possibly discharge me—on 8th July I was not paid my wages, I was only partly paid—on that day Plowright was at Mr. Scoular's house, and he asked me how long I had been in that employ—he said nothing else—he spoke to me in English—Edwards was not present—on the Thursday before Mr. Scoular died, the nurse sent me to fetch Dr. D'Allex, at 11 o'clock—I have seen Mr. Van Sandau there many times, but cannot tell exactly whether I saw him on that day or the evening of that day—I saw D'Allex and a man named Hay in Mr. Scoular's bedroom—Edwards was in the bedroom at the same time—Edwards and D'Allex came into the bedroom with a paper, and directed him to sign somewhere—the doctor had the paper in his hand, and he directed him to sign that document—when Mr. Scoular took the paper in his hand I withdrew from the room—before I left the room I heard D'Allex tell Mr. Scoular to sign the paper—he spoke to him in French, and said, "Mon ami," and he directed him in French to sign the document—I cannot speak French, but I understand a few words—I was not sent for by Mr. Scoular, but shortly afterwards I went into his bedroom, and he directed me to do something—Dr. D'Allex was not present—on leaving the room I met Edwards at the bottom of the stairs, and told him that I was directed to fetch Mr. Papworth—he told me that I had better not go, because he had been requested that neither Mr. Papworth nor Mr. Campbell should enter the room for eight days.

(The RECORDER expressed his opinion that the case, as far as it had gone, with respect to Plowright and D'Allex, was very weak; and inquired of MR. PARRY if he had other evidence which would strengthen it. MR. PARRY replied that he believed he was not in a position to carry the case further against D'Allex; it was his client's desire that the whole case should be heard, but he should be sorry to press the matter after the intimation he had received from the COURT. The RECORDER repeated his opinion, that against Plowright there was no evidence; and as to D'Allex, he was at a loss to see what there was to leave to the JURY; he could not withdraw the case from them, if they desired it should proceed. The JURY, after a few minutes' consultation, expressed themselves satisfied that the case was not proved.

NOT GUILTY .

THIRD COURT.—Thursday, November 30th, 1854.

PRESENT—Mr. Ald. CARTER; Mr. Ald. KENNEDY; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Seventh Jury.

Reference Number: t18541127-54

54. GEORGE NICHOLLS , stealing 280 yards of braid, value 17s.; the goods of James Harvey, and others: to which he

PLEADED GUILTY .— Confined Four Months.

Before Mr. Baron Martin.

Reference Number: t18541127-55

55. RICHARD HUGHES , stealing 90 yards of silk, value 9l.; the goods of James Baggally, and others: to which he

PLEADED GUILTY . Aged 22.— Confined Six Months.

Reference Number: t18541127-56

56. ROBERT BRAZELL, GEORGE SMITH , and PINDER PORTLAND PARKES , feloniously wounding John Chapman on his head, on the high seas, with intent to do him grievous bodily harm.

MESSRS. BALLANTINE and O'BRIEN conducted the Prosecution.

WILLIAM LUMPHERSTON . I was an engineer on board the ship Adelaide, on her return from Melbourne to England—Captain Henderson was the captain—I believe the prisoners were shipped on board at Melbourne—two of them were seamen; Parkes was an officer—the vessel left Van Diemen's Land on 8th June, and arrived in the Downs in Oct.—Parkes was not an officer then, he had been disrated—I knew John Chapman; he was third mate of the Adelaide—on 20th Oct. I saw Chapman lying on the deck, and Brazell and Smith were standing over his head, and about a dozen other men were at some distance off—I did not see Parkes at that time—while Chapman was lying on the deck I saw Brazell give him one kick on the head—after I saw him kicked I turned and spoke to Mr. Kinnear—I said, "They have got Chapman down, and are kicking him"—I looked round again, and Chapman was on his feet, and blood was coming trickling down his brow when he came aft—as near as I can remember the kick was on the right side of the head—the blood appeared to come in that direction—Kinnear went in the direction where Chapman was, but Chapman was on his feet, before he got there.

Cross-examined by MR. COOPER. Q. Brazell and Smith had been part of the working crew? A. Yes—they had not been under Parkes till they got to the Downs—he had been disrated before—I did not hear Brazell say, when Chapman was on the deck, "You shall not heave my country at my head in the way you have done"—I do not remember it—I did not hear him say to Chapman, "It is cruel to heave Old Ireland at my head"—I do not know the cause of this dispute at all—Chapman came aft to wash his face and hands—I did not see Brazell shake hands with Chapman afterwards, neither then nor the next day—Chapman went on afterwards working with these men in the vessel.

THOMAS KINNEAR . I was chief engineer on board the Adelaide, on her return from Melbourne to England. On 20th Oct., the vessel being in the Downs, I saw Chapman, the third mate, as he was rising from the deck—the last witness told me he was down, and the men were kicking him—I

went to his assistance, he was rising on his hands and knees, bleeding from the head—I examined his head, and assisted in dressing it—I found on his head a wound about an inch one way, and an inch and a half the other—it was cut in the form of a square; the same as might be done with the corner of the heel of a boot—when I got on the deck I saw Brazell and Smith standing over Chapman, and a dozen more men a little forward—I did not see Parkes at the moment, I saw him a very few moments afterwards—on my coming up, Smith said to me, "Come this way, you b—r, and we will serve you in the same way"—it was after I had finished dressing Chapman's head, I came on deck; and Parkes said he was coming aft to have his say—he called me an interfering b—r, and said I always interfered when there was any row on deck, and I was no sailor, and I had no right to interfere with sailors, and for a very little he would rip my guts out.

Cross-examined. Q. There was a good deal of disputing and wrangling in the ship all the way home? A. Only to get the work done.

JAMES HENDERSON . I am a Commander in the Royal Navy. I was in charge as captain of the Adelaide—two of the prisoners shipped as seamen, and one as an officer—he was afterwards disrated—I recollect the day Chapman was wounded, on 20th Oct.—I saw him bleeding—the blood ran all over his head—I did not see either of the prisoners do anything to him—Parkes called me an old b—r, and said he would be revenged on me yet—he followed me up to the quarter deck, using very bad language—I did not hear them say anything with regard to Chapman.

BRAZELL. GUILTY . Aged 20.

SMITH. GUILTY . Aged 21.

Of unlawfully wounding.— Confined

Nine Months.

PARKES— NOT GUILTY .

Reference Number: t18541127-57

57. MAYDEN WILLIAMS , burglariously breaking out of the dwelling house of Dennis Buckley, on the night of 27th Oct., having stolen therein, 2 shawls, and other goods, value 1l. 18s., his property.

MARGARET BUCKLEY . I am the wife of Dennis Buckley; we live at No. 2, Prospect-place, King-street, Poplar. I have known the prisoner about five months; he was serang on board a ship that I worked for; I knew the captain—the prisoner spoke to me in English quite plain—he can understand English if he likes—on a Thursday, at the end of Oct., I met him in the street—I did not exactly know him—he came to me, and asked me how I did—I said, "Pretty well, thank you, how do you do?" he said, "I have been looking for you all day, give me a card where you live"—I did so, and he called on me—as I had got to washing, he went away and came in the evening—he asked me if I would be kind enough to let him lodge there—I said I did not keep lodgings—he said he had no where to go, and no money, and no victuals; and would I allow him to be there till to-morrow—I said, "If you wish me to do for you, I will do what I can"—I took him in, and gave him a supper—I gave him a newspaper, and lent him 4s. 6d. out of my pocket; I made a bed for him in my front kitchen—I did not go to bed till my husband came home, at 12 o'clock—when I got up the next morning, the prisoner was gone—my husband got up, he went down before me, he looked for his jacket—I said I supposed it was hanging in the kitchen—he said, "No," he could not find it, nor his handkerchief—when I came down my gown was gone, two shawls, two shifts, belonging to my children, and two shirts—one of the shawls was my best shawl, that I gave 24s. for—these are my articles—I had shut and locked the door at night—the lodger went put about 5 o'clock in the morning—I do not know whether the door

was open or shut then—when the lodger came home at dinner time, he said it was ajar.

GARRIT DILLON (policeman, K 84). On Friday, 27th Oct., I met the prisoner about 2 o'clock in the morning; he had this bundle, containing these things with him—he was about two miles and a half from Mrs. Buckley's house—I took him to the station.

Prisoner. I bought the things.

GUILTY . Aged 35.— Confined Nine Months.

OLD COURT.—Friday, December 1st, 1854.

PRESENT—Mr. BARON ALDERSON; Mr. Ald. WILSON; Mr. Ald. HUNTER; Mr. Ald. CARTER; and RUSELL GURNEY, Esq.

Before Mr. Baron Alderson and the Seventh Jury.

Reference Number: t18541127-58

58. JOHN GUEST was indicted for a rape upon Margaret Daley.

MR. CLARKSON conducted the Prosecution, and MR. O'BRIEN the Defence.

GUILTY of an assault, with intent .— Confined Two Years .

Reference Number: t18541127-59

59. JAMES RICHARD FULLE , feloniously killing and slaying William Henry Cooling.

MR. PLATT conducted the Prosecution.

EDWARD BROOKS . I am a clerk, and live at No. 8, Whitmore-road, Hoxton. On Thursday evening, 19th Nov., between 8 and 9 o'clock, I was in company with the deceased, William Henry Cooling, in Charles-place, Hoxton New-town; we were standing conversing together at the corner—I heard some person behind make some observation; I do not know exactly what the words were, but I know it was passed upon our collars—I turned round and saw the prisoner, and others with him, close by—we went up to them, and the deceased spoke to the prisoner, but I do not know what he said—a few words passed between them; I do not know what they were—the prisoner made use of a very bad expression, upon which the deceased struck him in the face with his fist—they immediately closed together—the prisoner lowered his head to the deceased's belly, and with the assistance of his arms he gave him a very heavy fall—they fell together, the deceased undermost—he laid flat, with his arms stretched out, and his head on one side; I did not see him move; he could not get up—I raised him up—his cap had fallen off in the scuffle—he fell in a kind of gutter; there are large pebble stones there—while he was lying there, the prisoner remarked that he was only shamming—he afterwards went for a doctor—the deceased was rather taller than the prisoner; he was just such another youth as I am, about an inch shorter.

Cross-examined by MR. PARRY. Q. I think the deceased said, "Come on, I am a match for you," or, "I am your man"? A. I think something of that sort passed between them—that was before he struck him, and before the bad words—he was not exactly standing in a fighting attitude; he had not got his arms up—I do not know who made the remark about the collars; it was either the prisoner or his companion—we were young men, all about the same age—the prisoner assisted the deceased, and went for the doctor—I do not know whether the deceased had been running that day—I do not think the streets were slippery, but I did not take particular notice.

CHARLES KING . I am a surgeon, of Brunswick-place, City-road. I was

called to No. 54, Chart-street, Hoxton, about 9 o'clock, on Thursday night, 19th Nov.—I found the deceased lying insensible on the floor, from the effects of a blow at the back of the head; there was a large tumour, about the size of a hen's egg, at the back of the head on the right side—I opened the head, and underneath that tumour I found a quantity of blood effused, between the dura mater and the brain, which caused the death—a fall on the back of the head would be likely to produce that.

GUILTY .

Strongly recommended to mercy.— Fined One Shilling, and discharged.

NEW COURT.—Friday, December 1st, 1854.

PRESENT—Mr. Baron MARTIN; Mr. Ald. WILSON; Mr. Ald. HUNTER; and Mr. Ald. FINNIS.

Before Mr. Baron Martin and the Fifth Jury.

Reference Number: t18541127-60

60. ELIZA SMITH , stealing 1 pair of scissors, and other articles, value 5l. 5s., the goods of Angela Georgiana Burdett Coutts, her mistress; also, 2 pen holders and other goods, value 8l. of William Brown, her master: to which she

PLEADED GUILTY . Aged 40.—Recommended to mercy

by Miss Coutts.— Confined Six Months.

Reference Number: t18541127-61

61. EDWARD ROWLAND , stealing 1 pair of trowsers, and other goods, value 3l. 11s., of Thomas Gill: to which he

PLEADED GUILTY .— Confined Nine Months.

Reference Number: t18541127-62

62. JOHN DEVEREUX , breaking and entering the dwelling house of William Udell, and stealing 1 saw, and other tools, value 4s., his property; and 1 square, value 1s., the goods of Charles Sayer: to which he

PLEADED GUILTY . Aged 48.— Confined Six Months.

Reference Number: t18541127-63

63. FRANCIS HEMUS , stealing 18 1/2 yards of silk, value 2l. 10s.; the goods of Thomas Venables, his master: to which he

PLEADED GUILTY . Aged 22.— Confined Nine Months.

Reference Number: t18541127-64

64. MARY ANN HAMPTON , stealing 1 5l. Bank note; the property of Michael Dodd, her master: to which she

PLEADED GUILTY . Aged 16.— Judgment Respited.

(The prisoner's master deposed to her good character. The prisoner stated that Emma Robertson was with her, and assisted in the robbery, which Robertson denied.)

Reference Number: t18541127-65

65. ELLEN WELCH, MARY ROBINSON , and MARY ROCH , stealing 24 yards of alpaca, value 25s.; the goods of William Timothy.

WELCH PLEADED GUILTY . Aged 18.

ROBINSON PLEADED GUILTY . Aged 19.

ROCH PLEADED GUILTY . Aged 21.

Confined Four Months.

Reference Number: t18541127-66

66. MARY CORMACK and ELIZABETH FOX , stealing 1 handkerchief and 1 purse, value 2s. 6d., and 6l. in money; the property of Henry Wheeler.

HENRY WHEELER . I am a carpenter. On 9th Nov. I was in the neighbourhood of St. Katharine Docks, between half past 6 and 7 o'clock in the

evening—I met the two prisoners—one passed me on the right hand and the other on the left—directly they passed me they closed behind me, and pushed me against the wail—I suspected there was something the matter, and as soon as I got extricated from them I missed my pane, which contained six sovereigns, from my trowsers pocket—I seized both the prisoners—they struggled, and Fox got away, but I kept hold of Cormack, and I hallooed "Police!"—there was a crowd collected, and a man came up and said, why was I ill using the woman—I said I was not ill using her—he either pushed or struck me, and I struck him, and by that means I let go Cormack, and she got through the crowd and ran away—after I got from them, a boy told me something, and I went to a gateway, and there was Cormack—I took her into custody, and took her to the station—I then went with the policeman, and found Fox.

Cormack. I came up as he was speaking to another woman; I said, "It is a cold night;" he said "It is;" he said, "I have got sixpence, come into a public house, and I will treat you;" I said, "No; you had better go into a public house, and change your sixpence;" he then put me against a railing, and unbuttoned his small clothes, and pulled up my petticoats all over my head; this woman came up, and I said, "For God's sake, take me away from this beast!" he was very much intoxicated; a young man came up, and said, "What are you ill using the woman for?" he either struck him or pushed him, and this man struck him again. Witness. There is not a word of truth in it.

Fox. I came by Tower-hill, and this female was standing there; her bonnet and shawl were off; the man was pulling her about very much; he then laid hold of me, and he tore me open; I went away, and passed Queen-street; I came back, and this man laid hold of me and gave me into custody; he was very much in liquor. Witness. I was not at all in liquor.

JOHN GRAHAM . I am a labourer. Between 6 and 7 o'clock, on 9th Nov., I was coming up from St. Katharine Docks, near Rosemary-lane—I saw the prosecutor—he had hold of Cormack, and was screaming "Police!"—a young man came up, and said, "What do you want to do with the woman?"—I believe Mr. Wheeler hit him, and he hit Mr. Wheeler again two or three times, and Cormack ran away—a little boy told me she was gone down a turning—I went and saw her there—I said, "You have robbed that gentleman of six sovereigns"—she said, "I have not got the money; the other woman has got it"—I went and stood at the top of the court—the policeman came up, and we gave her into custody.

THOMAS HARRIS (policeman, H 81). I took charge of Cormack, and took her to the station—she said she had not got the money, the other girl had got it—I afterwards went with Mr. Wheeler in search of the other prisoner—he pointed out Fox in Queen-street, Tower-hill—I took her—she said she came up at the time, but she did not know anything of the money.

Fox. He asked me if I knew what I was taken for; I said, "No," I had done nothing but picking up the woman's bonnet and giving it to her.

JURY. Q. Was Mr. Wheeler sober? A. He was sober.

CORMACK— GUILTY . Aged 35.— Confined Fifteen Months.

FOX— GUILTY . Aged 32.— Confined Twelve Months.

Reference Number: t18541127-67

67. MARK ISAACS , stealing 184 yards of silk damask, value 50l.; the goods of Thomas Farnham.

MESSRS. PARRY and ROBINSON conducted the Prosecution.

THOMAS FARNHAM . I am a wholesale upholsterer, and live in the City.

road. I missed some damask from my shop—I have seen four pieces of it, which I recognise as my property—it came into my premises on 28th Sept.—I examined it, and had it locked up—I had occasion for it on 3rd Oct.—I went, and it was gone—there had been five pieces put there altogether, and they were all gone—here are four of them, and one has not been found—the value of what is here is about 50l.

WILLIAM BARNES . I reside at No. 60, St. Paul's-churchyard; I am an auctioneer. I am acquainted with Mr. Farnham—I received information about his loss—on 27th Oct., about 6 or 7 o'clock in the evening, I saw the prisoner—he came in company with another party—the prisoner said that the man who was with him had got some tabaret to sell—the tabaret had been left in my house prior to that—it was in my house when they came—the other person who was with the prisoner opened the goods, and I immediately detected them to be Mr. Farnham's property—the other man asked me 4s. a yard for it—the gross amount was 28l.—I agreed to give it—I gave them a check for 28l.—I took care to cross the check—I asked where the goods came from, and I understood that they said they had been bought at Debenham's—I think it was the prisoner said so; but, after that, Mrs. Barnes and I thought it was some horse hair that was bought there.

COURT. Q. You do not recollect the answer; do you recollect putting the question? A. I do not know—there were very few words passed.

MR. ROBINSON. Q. Did they make out an invoice? A. Yes; this is it—(read: "London, 27th Oct. Mr. Barnes. Bought of C. Isaacs 140 yards of satin damask, at 4s. a yard, 28l. Paid, C. Isaacs, Signed, M. Isaacs, 125, Bishopsgate-street")—I sent my son the next morning to Mr. Farnham, and he came and saw the goods—I have since paid the check.

DANIEL KEETLE . I am a silk manufacturer, and live in Wood-street, Cheapside. I supplied these goods to the prosecutor on 27th Sept.—two of these pieces are rather remarkable; but, in fact, they are all peculiar—here is one peculiar piece, that I can say is the only one that was ever made—it is this crimson one—it is an old piece—it was made imperfectly, for a customer of mine; it was returned on my hands, and I shall never forget it—it is a very peculiar make; not what it should be.

JAMES BRANNAN . I am a police inspector. I went, in consequence of information, to the prosecutor's shop on 30th Oct., between 6 and 7 o'clock—I saw the prisoner there—I said I belonged to the police, and I came to take him into custody for receiving some satin furniture damask, the property of Mr. Farnham, the prosecutor, who was then present—he said, "I bought it of a man named Vann, in Red Lion-passage, Red Lion-street, Holborn, about five weeks ago"—Mr. Farnham then said, "It was not stolen five weeks ago"—the prisoner then said, "Can it be sworn to?"—the prosecutor then said, "It can be sworn to; the manufacturer can swear to it; it was the only piece made by him, and sent to me on approbation"—the prisoner then paused, and said, "Mr. Vann is gone to America"—I received the property, which I produce—I have since found that Mr. Vann has left.

Cross-examined by MR. BALLANTINE. Q. On what day was this? A. On Monday evening, 30th Oct.; the prisoner was searched—he had this book, and one half crown on him—the only property I found in his house was seven children, and I believe there has been another added to the stock since—I found the whole of them in a state of extreme destitution—the woman said she had had no food during the day—it appeared to me that that was true.

SARAH VANN . I did reside in Red Lion-passage, but I have removed—I am the wife of Mr. Vann, who resided there—he is now on his passage to Australia—I left Red Lion-passage on 12th Oct—this damask was never in my husband's possession—if it had been in the house, I should have been sure to have seen it.

LUCY BARNES . I am the wife of William Barnes, of St. Paul's Church-yard. On Friday, 27th Oct., the prisoner called at my husband's place of business in the afternoon, there were two men with him—one was about the age of the prisoner, and the other an old man, who brought a bundle containing these things—I believe it was the other man who spoke, but the prisoner was with him—the other man said he wanted to see Mr. Barnes, he had got something to sell him, what time would he be in—I said I could not tell, he might be half an hour or an hour—he said, "I will walk about till he does come."

Cross-examined. Q. What day of the week was this? A. On Friday; I saw the prisoner again on the following Monday evening—I and my son were there, and the prisoner said he wanted to see Mr. Barnes—he said, "I know a man who has got some tabaret that will suit him"—my son said to him, "Do you know that the damask that you brought here on Friday night has been stolen from Mr. Farnham, in the City-road?"—the prisoner said, "That is impossible," as the person who brought it here told me he had bought it of Mr. Vann, in Red lion-passage, four or five weeks ago—he offered to go at once to Mr. Farnham—he went and fetched a cab, and went with my son at once.

THOMAS FARNHAM re-examined. I was present at a conversation, which took place when Brannan was there—I heard the prisoner say on 30th Oct; that he bought it of Mr. Vann—I asked if he had an invoice, and if anybody was present—he said he had no invoice, and nobody was present at the time he bought it of Mr. Vann.

NOT GUILTY .

Reference Number: t18541127-68

68. HANNAH RIDEAU EVANS , feloniously attempting to administer to William Voller 9 grains of laudanum, with intent to enable her to commit a felony.

MR. RIBTON conducted the Prosecution.

WILLIAM VOLLER . I have been a licensed victualler. I now live retired at No. 3, North Cottages, Acton-green—the prisoner is my daughter, and has been living with me some years, and waited on me as a servant—she is a widow, and has a son thirteen years of age living in the house—I have been ailing, and have had a nasty cough and asthma for some years—the surgeon who attended me was Mr. Dodsworth—I sent to him from time to time for medicine—some time ago I found myself very ill, and the use of my limbs was taken away for two or three days—I was stupified and senseless, and was obliged to have a man to help me into bed and out—I have since felt the same effects; not so bad, but I have felt some—I have observed unpleasant tastes in the tea and coffee I have taken—I have complained to the prisoner—I have said, "There is something the matter with this, I don't know what you have put in it"—and she said, "Do you think I have put anything in it to do you any harm"—I have said, "There is something the matter with it," I would not take it—on Sunday, 12th Nov., I was in bed—I had taken one dose of medicine in the middle of the day—the little boy drew my attention to the medicine in the evening, when I was going to take it the second time—the prisoner had been left in the

room just before he spoke to me—she might have been left alone in the room ten minutes or a quarter of an hour—I think she was present, when my grandson spoke to me—I am not certain—in consequence of what my grandson said to me, I smelt the medicine—I said, "This is not right, I won't take it"—my grandson locked it up, and when the doctor came the next day I handed him the medicine—I have lost property lately—I should say on the 3rd or 4th of Nov., and before that for some time—I have lost a good deal of property.

Prisoner. Q. Have I not always been kind and attentive to you during your long illness, and have you not expressed yourself so when other persons were present? A. At intervals, when she was as she ought to be, she was kind—when she was not, I have told her of it—she gave way to drink.

COURT. Q. When she was sober and not in drink, she was attentive to you? A. Yes; very good indeed.

SARAH NORMAN . I live at Cheswick. I have occasionally acted as nurse to the last witness—I was there in the evening of the 12th Nov.—I saw him give a key to the little boy—the boy brought him some medicine, and put it on the mantel shelf—I and the boy then left the room—we were absent ten minutes, or a quarter of an hour—the prisoner was in the room with the old gentleman—when we came back he said he would take his medicine, and the little boy brought it him, and said it was not like what he gave him in the fore part of the day—the old gentleman smelt it, and said he would not take it—he gave it to the little boy, and I saw him lock it up in the cupboard—I have attended Mr. Voller, and I remarked a few months ago that he was taken very insensible—I thought he was paralyzed—I have not seen him in that state since.

FREDERICK CHRISTOPHER DODSWORTH . I am a surgeon, and live at Turnham-green. I have been in the habit of attending Mr. Voller nearly twenty years—for some months since I have been sending him medicine—on Sunday" 12th Nov., a bitter tonic medicine was sent him, which he had been in the habit of taking—my partner made it up—on the next day I went to see him, and the bottle was shown to me—it was one of mine—I tasted it and smelt it, and discovered there was a large portion of laudanum in it—I put it in my pocket and took it home—this is it—there was no laudanum in the medicine compounded for Mr. Voller—here is a sufficient quantity of laudanum here to cause stupor—I attended him about two months ago in a very great state of stupor—he was almost insensible—that lasted for two or three days—that had not happened frequently to that extent—occasionally he has been in a state something similar, which I could not account for—he was to take three doses of this medicine in a day—from the quantity of laudanum which is in it now, the effect of three doses would have been death—if he had taken one dose it would have thrown him in a state of stupor, and I should have found him in that state the next day.

Prisoner. Q. Does the gentleman say that my father was labouring under no other complaint but asthma and cough? A. He was labouring under an affection of the liver—the insensibility was not produced by any disease under which he was labouring—I have no object whatever in coming against you—I can have none—I am not aware that I have involved you in difficulties—your father was security for me three years ago, but the money has been partly paid—I have been a bankrupt since then.

COURT. Q. What size is the house in which Mr. Voller lived? A. A six roomed cottage—Mr. Voller has been much confined to his bed the last three months.

FREDERICK CHARLES DODSWORTH . I am the son of the last witness, and assistant to him, and partner with him. I remember making up the contents of this bottle in Nov.—I cannot remember the day—it was on a Sunday, I believe—it consisted of one ounce of infusion of quassia, and three ounces of peppermint water—there was no laudanum in it when I made it up—I sent it out with the other medicines by our boy.

STEPHEN GRESSWELL . I am in the service of Mr. Stevens, a milkman, at Turnham-green; he supplies Mr. Voller with milk. On Thursday, 9th Nov., the prisoner called me, and asked me to get 2d. worth of laudanum—I went to Mr. Merryweather, the chemist, for it—the prisoner told me to put it inside the gate—I bought it, and put it where she desired me—she had before sent me for laudanum, sometimes once a fortnight, sometimes oftener—sometimes 3d. worth and sometimes 6d. worth—I got some about three months ago.

Prisoner. Q. Did you ever get 6d. worth for me? A. Only once that I know of—I asked you who it was for; you said, yourself.

CHARLES MERRYWEATHEER . I am a chemist, and live at Turnham-green. I have for some months back been in the habit of selling laudanum to the last witness in 2d. worths, and I think, on one or two occasions, 6d. worth—he has brought notes with him—I have two of them here—I do not know the hand writing of these papers.

COURT. Q. I thought you were obliged to be careful what you sold? A. These notes will prove that I have been careful—I have occasionally supplied her with other medicines for her father.

GEORGIANA SHADBOLT . I know the prisoner's hand writing—I am sorry to say I believe these notes are her writing—I did not wish to be called—(Read: "2d. worth of laudanum. Please to state on the label how much may be taken in water for violent pain in the bowels.";—"6d. worth of laudanum. Sir, I am obliged to you for recommending me the castor oil; the draught operated without my taking it. I find a few drops of the above, in a little brandy and water, greatly relieves me.")

ELIZABETH GOULD (a prisoner). I live at Cheswick. I know the prisoner—she has given me articles to sell—she gave me a desk, three chairs, a blanket, a parasol, two jugs, a potato strainer, and other things, at different times—I cannot say within what time—she gave me some two months ago—this is the desk she gave me—I sold it to Mrs. Watson—I gave the money to the prisoner—I took some things to Mrs. Mahoney's house before I took them to Mrs. Watson, but Mrs. Mahoney did not want them—I did not take anything to Mrs. Shadbolt.

COURT. Q. What were you put in prison for, to give evidence? A. Yes; it will be four weeks next Monday that they locked me up.

JURY. Q. What did you get for the things? A. I got 5s. for this blanket; 1s. 6d. for the desk; 1d. for the parasol; and 3d. for the two jugs.

COURT. Q. Can you tell us the time? A. I cannot exactly tell the time I sold them—I got 3 1/2 d. for the vegetable dish, and 2d. for the potato stand, three or four days before they locked me up.

GEORGIANA SHADBOLT re-examined. I live at No. 8, Homer-street—I purchased articles of the prisoner in 1853—I have not this year I am sure—I have not paid any money to the prisoner this year—Georgiana Simons is my niece.

WILLIAM VOLLER re-examined. This desk is my property—I had it safe

about a month before the prisoner was taken—these jugs are mine—I cannot recollect exactly when I had seen them—this umbrella is mine—this table is mine—this night stool is mine—I do not think I have had it in my possession for a month or two—I have asked for it, but could not get it.

WILLIAM ROSE (policeman, T 52). On 13th Nov., I took the prisoner into custody at Mr. Voller's—I was left with the prisoner while the Sergeant searched the house, and the prisoner caught hold of my arm and said, "Don't let them take me away; I know I have done wrong in selling the things, but I did not give my father all the laudanum; I only put a little in his brandy and water"—Mrs. Norman was passing by, and the prisoner said, "That woman is at the bottom of it all; I did not think my uncle, Smith, would have acted this part; they only want to get rid of me to get my Father's money, but it all comes to me at my father's death"—I found this property in Watson and Glazier's—this table was in a cottage belonging to Shadbolt—the table and commode were found in that cottage—the prosecutor spoke about two feather beds; Mrs. Shadbolt told me that she had bought them, but they have not been found.

(The prisoner's statement before the Magistrate was here read as follows:)—"I did not do it with the intention of poisoning my father; I did it to compose him because he was so restless; I did not think there was enough to do him any harm; as to the things I don't deny; he knows he was very restless, and often called me up at night."

NOT GUILTY .

Reference Number: t18541127-69

69. HANNAH RIDEAU EVANS was again indicted for stealing a desk and other goods; the property of William Voller.

MR. RIBTON conducted the Prosecution.

WILLIAM ROSE (policeman, T 52). I apprehended the prisoner on 13th Nov.—she said she had not given her father all the laudanum—she said, "I know I have done wrong in taking the things"—the things were not mentioned at that time—I heard the sergeant say something to her about the things—the umbrella was sold on 13th Nov.

ELIZABETH GOULD . I know the prisoner—I have been in the habit of selling things for her—I sold the desk about a mouth ago; the prisoner gave it me,—I sold the umbrella on Monday the 13th; the day I was locked up—I brought her back the money—I cannot recollect when I sold the blanket—I brought her back the money.

COURT. Q. How much did you give her for the desk? A. 1s. 6d., and 5s. for the blanket, and 7d. for the umbrella.

WILLIAM VOLLER . This desk is mine—I cannot say exactly when I had it; perhaps a month ago—I never gave the prisoner authority to sell it—this umbrella is my property—I lost it about the 12th or 13th Nov.—I did not give the prisoner authority to sell that or the blanket.

(The prisoner's statement before the Magistrate was read as follows:)—"I did not do it with the intention of poisoning my father; I did it to compose him because he was so restless; I did not think there was enough to do him any harm; as to the things I don't deny; he knows he was very restless, and often called me up at night."

Prisoner. My father has said to me, "You are mistress of the house."

WILLIAM VOLLER re-examined. Yes, I have said so, "If you will take care and do what is right, you are mistress of the house; leave off these nasty ways"—I paid her 8l. a year.

JURY. Q. Did you pay her her wages regularly? A. She generally had them before they were due.

NOT GUILTY .

Reference Number: t18541127-70

70. HANNAH RIDEAU EVANS was again indicted for feloniously administering a quantity of laudanum to said William Voller, on 12th Aug., with intent to enable her to commit felony.

(MR. RIBTON offered no evidence.)

NOT GUILTY .

Reference Number: t18541127-71

71. THOMAS NELSON, MARY NELSON, THOMAS WATSON, EMMA CHURCHMAN , and JOHN WALLIS , breaking and entering the dwelling house of John Harborrow, and stealing a number of neck ties, stocks, and other goods, value 200l.; his property.—2nd COUNT, for receiving the same.

MR. ORRIDGE conducted the Prosecution.

JOHN HARBORROW . I live at No. 15, Cockspur-street, and carry on business as a hosier. On the 19th Sept. I received a telegraphic message, and came up from the country to Cockspur-street; I examined my premises there, and found they had been broken open, and a great many goods were missing—I afterwards saw some of those goods at Bow-street, when they were produced by the pawnbrokers—some of them were goods I had had made for myself—here are some of them.

HENRY CRAWFORD WOOLLEY . I am assistant to Mr. Harborrow. On the evening of 18th Sept. I left his house and premises perfectly safe—it happened to be my duty that night to fasten them up at 8 o'clock—I returned the next morning about 10 minutes past 8 o'clock; I discovered that an immense quantity of goods had been stolen—I perceived that some doors had been broken open—one at the end of the shop, leading down some stairs into a cellar, was open—I noticed nothing in the cellar, with the exception of the grating by which the men had effected an entrance—the grating led from the pavement to the cellar, that portion which the porter received the shutters through—the staple had been entirely drawn which connects the chain with the grating, and the entrance had been made that way—we had been receiving a parcel of goods from Messrs. Andrews, in the City, on the evening of the 18th—they were pieces of printed Indian silk, for the purpose of making dressing gowns—I saw them afterwards—I missed a grey cravat.

JOHN MOORE . I am in the employ of Mr. Harborrow. I was there on the night of 18th Sept.; I left the premises about 8 o'clock, when I locked up the shop—I returned next morning about 7 o'clock, and found the shop had been forced open—J looked over the stock as soon as possible, and found a great quantity of goods had been stolen—the entrance had been effected through the grating—the 18th was on Monday.

EDWARD DAVIES . I live in Richmond-road, Islington, and am in the employ of Richard Andrews and Co., No. 5, Wood-street, Cheapside. On the afternoon of 18th Sept. I sent six dressing-gown pieces by the porter to Mr. Harborrow, which they received—here are three of them—only three of this pattern were printed—one dress we had in stock—one we sold to Silva's, in Cheapside—this is the one we sold to Mr. Harborrow.

Cross-examined by MR. PAYNE. Q. How do you know this one? A. We only had three printed; one I sent to Mr. Harborrow, one is in stock and one I sent to Mr. Silva's—we only had these three printed—we received three; one was sent to Mr. Harborrow, and one to Mr. Silva—they were printed by a person at Merton—it is our pattern, and the texture I know.

Cross-examined by MR. SALTER. Q. How do you know that this is not the piece that was sent to Mr. Silva's; were they not alike? A. Yes, but one was made up in a dressing gown—I could not tell the difference when I sent it to Mr. Silva's.

BENJAMIN HATCHARD . I am assistant to Mr. Luxmore, a pawnbroker, No. 92, St. Martin's-lane. I produce two handkerchiefs, pawned on 28th Sept. by Thomas Nelson—he gave the name of John Williams.

Cross-examined by MR. PAYNE. Q. This was on the 28th Sept.? A. Yes, between 1 and 2 o'clock in the day—my attention was again called to this on the 25th Oct.—I dare say during the 28th Sept. we had 150 customers—we do not give any description of the persons on the duplicate, only the goods, and that as short as possible, to get over the business as quickly as we can—these two handkerchiefs were pawned for half a crown—I did not know Thomas Nelson before—he might be four minutes in the shop—I am satisfied he is the same man.

GEORGE CHAPPLE . I am assistant to Mr. Sowerby, a pawnbroker, in Grosvenor-road, Pimlico. I produce one handkerchief, pawned on 23rd Sept., by a woman who is not here—the prisoner Wallis was with her—I advanced 4s. on two handkerchiefs; the woman asked 5s. on them, which I refused—she then produced a shirt and a book, which I lent 3s. 6d. on—she was leaving the shop, and Wallis made a remark, "That will do"—she then gave back the handkerchief which I offered 4s. on, and she took the money; one of the handkerchiefs was redeemed the next day.

Cross-examined by MR. METCALFE. Q. You have the duplicate of the handkerchief? A. Yes; it is in the name of Ann Lloyd.

CHARLES WILLS . I am a surgeon. About the middle of Oct., I cannot tell to a week, I purchased some silk handkerchiefs of the prisoner, Thomas Nelson, in front of the bar of a public house—I bought four handkerchiefs—I gave him 1s. 6d. for two, for myself—he had got a bundle, which contained various things that I did not observe—there were more handkerchiefs than the four—these are the two that I bought for myself.

Cross-examined by MR. PAYNE. Q. Did you ever see Thomas Nelson before? A. Yes, I had—I know it was him.

JAMES JONES . I am in the employ of Mr. Whistler, a pawnbroker, No. 11, Strand. I produce six silk handkerchiefs and part of a dressing gown—the handkerchiefs were pawned on 20th and 27th Sept., by a female, who is not in custody—the dressing gown was pawned on 30th Sept., by a person that resembles Mary Nelson; but I cannot swear to her.

JOHN GAMMON . I am assistant to Mr. Smith, a pawnbroker in Herefordterrace, King's-road, Chelsea. I produce three handkerchiefs and a remnant of silk—the handkerchiefs were pawned on 22nd Sept., I believe by Churchman, and the silk on 27th Sept.—I could not say who pawned that—I cannot say positively it was Churchman who pawned the handkerchiefs.

JANE FRANKLIN . I am the wife of Henry Franklin; I live at No. 3, Wilderness-row, Chelsea. I know the prisoner, Churchman—she came to me on Sunday morning, 29th Oct.—she brought a box of tickets with her—I asked her where her mother was—she sat talking some minutes, and then she gave me these ribbons, or neck ties—she asked me to mind them till Monday—she said her mother had gone away on the Saturday night, and would I mind them for her—she said her uncle gave her these ribbons, who had come from Scotland, and would I mind them till the Monday, as her father in law was going to move—I never saw her any more.

SUSAN MARTIN . I live at No. 4, Flask-row, Evelyn-street, in the same house with Emma Churchman. On Saturday, 28th Oct., she gave me some duplicates and a neck ribbon—she asked me to take care of them for her; and on Sunday morning she brought me some more, and asked me if I would take care of them for her—when the police came into the house, I

gave them to her back again—I knew Wallis by the name of Lloyd—he was frequently coming to the house, and bringing things with him.

Cross-examined by MR. SALTER Q. If I understand you rightly, Emma Churchman brought some to you on Saturday, and again on Sunday? A. Yes—she lives in the same room with her mother—since that, her mother has gone.

WILLIAM ELLIOTT . I live at No. 19, New Compton-street. I know the two Nelsons and Watson—they live in the same street; Nelson at No. 42, and Watson at No. 25—I have seen the Nelsons and Watson talking.

Cross-examined by MR. PAYNE. Q. What number do Nelsons live at? A. No. 52; that is it—my father supplies them with coals—the policeman came to my mother about this—any body could see these people speaking together—I have frequently seen them speaking in the street—I have frequently spoken to persons in the street—I have taken coals to both the places—when I saw them speaking in the street, I did not hear a word they said—I went about my business—I did not stop to listen.

JOSEPH BENTLEY (policeman, C 55). On 18th Sept. and the morning of the 19th, I was on duty in the neighbourhood of the Haymarket—about half past 12 o'clock, I was standing at the corner of Waterloo-place and Cockspur-street, and I saw the prisoner, Watson, and a companion of his of the name of Curtis, going by, arm in arm—they went to the bottom of the Haymarket, and halted a second or two—they went from there to the corner of Suffolk-street—from there they went in the direction of the fountains—they turned round, and came into a small street, called Warwick-street, at the back of Cockspur-street—they staid there three or four minutes, and went from there into the Haymarket, and there I lost sight of them—I had followed them all this time—I went into Waterloo-place, and came along Tower-street, to the bottom of the Colonnade—I saw Watson and his companion, and another companion whom I well knew to be a thief, as I came along—they were standing on the gratings in the Opera Colonnade—they were all three together on the grating, at the bottom of the Colonnade—they appeared much confused when they saw me—I said to my brother constable, "It is no use for me to follow them any further"—they went in the direction of the fountains again, and I there lost sight of them—that was about half-past 1 o'clock.

Cross-examined by MR. RIBTON. Q. How long have you been a policeman? A. About four years—I cannot tell, on my oath, how many times I have given evidence, having kept no account—perhaps I might two or three dozen times—I did not know when I blurted out "a well known thief" that that was not evidence—I was on duty that night—I did not go and speak to them—I had spoken to them the night previous.

ROBERT M'KENZIE . I am a police inspector. On the morning of 19th Oct. I went to the house, No. 52, New Compton-street, Soho, accompanied with Sergeant Pocock, F 14, and other officers, between 8 and 9 o'clock in the morning—in a back room, on the second floor, I found the two prisoners, Thomas and Mary Nelson—Thomas was undressed—Mary was in bed—Thomas had got up to open the door—I told Thomas he was charged, with others, on suspicion of being concerned in a burglary in the house of Mr. Harborrow, in Cockspur-street, Charing-cross, on the morning of 19th Sept.—I told him I should search his place—I commenced searching, and in a box in the room I found these two pieces of dressing gown silk, which I produce—I found one new handkerchief, and this other new handkerchief, on the foot of the bed—Thomas Nelson asked me for this handkerchief—I

told him I could not give it to him—while searching the box the prisoner Mary Nelson said, "These are my property"—I took many things out of the same box—I had these three articles in my hand at the time—I continued my search, and found a lantern, 2l. 15s. 4 1/2 d., some duplicates, and a bottle, with aquafortis in it—I omitted to state that when I told them the charge Thomas Nelson said, "I don't know what it means; I don't understand you"—I conveyed them to the station in a cab, and at the station I explained to Mary Nelson the charge more particularly, and she stated that she had pawned some things at Mr. Whistler's, in the Strand, by the desire of Thomas Nelson; that they did not have one half of the property, 200l. worth; they only purchased a small portion, and she was afraid the receiver was as bad as the thief—I went from Bow-street station to No. 25, New Compton-street, the residence of the prisoner "Watson, and in a back room, on the second floor, I found him in bed—I told him he was charged, with others, in committing a burglary at Mr. Harborrow's—he said, "I don't understand you; what do you mean?"—I told him what I meant was committing this robbery, and I should search the place—I commenced searching, and so did also an officer, who was with me—I saw him take this black leather bag from the wall, and in that bag I found three new neck ties, and a new pair of socks—I continued my search, and found in a drawer in the same room a file and a small hand vice, wrapped in a piece of paper—in a letter case I found four skeleton keys for opening front doors—I also found a wax taper and a gimlet, and in the bag this black mask—I took him then to the station, but I omitted to state that we found some socks, which had been were, and stocking legs sewn on them—there were several other stocks and cravats—the prisoner stated he purchased the neck ties and socks at a shop at the corner of Tottenham Court-road—on 28th Oct. I went to No. 4, Flask-row—I saw Emma Churchman, and spoke to her on that occasion—I inquired after her grandmother, Mrs. Robins—she said she had left that morning, and she did not know where she had gone—I searched the back room, on the second floor, and on a small stand I found a porte-monnaie purse, and in it seven duplicates, two of them relating to property pawned at Mr. Debenham's—on 30th Oct. Emma Churchman was brought to Bow-street station by Inspector Cumming—after hearing his statement I explained to her that she was charged with receiving this stolen property from Mr. Harborrow's—she said, "I have told lies enough; I will tell no more"—on 3rd Nov. I went to Brighton, and about halt-past or twenty minutes past 5 o'clock I saw the prisoner Wallis come off a train from Lewes—he was in company with two other persons, a man and a woman—I followed him from the railway station to a beer shop, in Gloucester-lane—after he had been in a few minutes I went in after him, and found him in the kitchen—I told him he was charged with being concerned, with others, in committing this robbery, and his mother and sister had been dealing with the property—he said, "I am innocent; I can't help what my mother and sister have been doing; I have not been at all interfering with the property, or dealing with the property"—I searched him, and found two scarfs, a cigar case, and three duplicates in a box—the cigar case was on the mantel piece, in his bedroom—I took him to the Town Hall till the next train started, and came to London.

Cross-examined by MR. PAYNE. Q. I understand you told Nelson the offence that had been committed, and that you took him on suspicion of being concerned in it, and he said he did not know what you meant? A. Yes—

there were a number of articles of wearing apparel in the box, and towels, and things which had no reference to this—I afterwards had some conversation with Mary Nelson—there were a number of constables present when she said she had pawned some things at Whistler's—she did not say to me that she had only purchased a small portion of the property.

Q. Was not what she said that she had pawned some handkerchiefs at Mr. Whistler's, in the Strand, by desire of Thomas Nelson; that he had only purchased a small portion of them, and she was afraid the receiver was as bad as the thief? A. Yes.

Cross-examined by MR. RIBTON. Q. You found a pair of new socks at Watson's? A. Yes; here are two pairs, and one pair of new ones—this is the file and the vice—these were not wrapped in paper—the keys were wrapped in paper, in a letter case.

COURT. Q. You said the file and vice were wrapped in paper? A. I meant to say the keys were.

MR. RIBTON. Q. You are certainly right when you say the keys are for opening street doors? A. Yes—they have been filed; I found a wax taper, a gimlet, and a mask—these are them—I found some new stocks and neck ties.

Cross-examined by MR. SALTER. Q. I believe you went to Churchman to look after some one else? A. Yes—I found there had been some one else living in the room, but they were gone—I did not take Churchman; I had no charge against her.

WILLIAM CUMMING (police inspector.) On 30th Oct. I went, from private information I had received, to No. 4, Flask-row, Pimlico—I there found the prisoner Churchman—I said to her, "What have you done with the pawn tickets you laid under the water tank, in the back yard, yesterday?"—she said, "I never had any tickets; I know nothing about them"—I looked under the bed, in the first floor front room—I pulled out a box, and I Sara to her, "Whose box is this?"—she said, "It is mine"—I searched that box, and nearly at the bottom of it I found this neck tie, which I produce, and close to it a pawn ticket of a handkerchief, and another, not relating to this inquiry—immediately on finding these things the prisoner said, "They are mine"—I conveyed her to Bow-street, and went with the last witness to Pimlico—from information we went to No. 3, Wilderness-row, Chelsea—I went in a back room on the first floor—the person whose room it was, being absent I opened it with another key—on searching a box in that room I found this small box produced, containing thirty-three pawnbroker's tickets—two of them are for two handkerchiefs, pawned at Mr. Smith's; the other for a piece of silk, pawned for 10s., at the same shop.

WILLIAM LAWRENCE . I am assistant to Mr. Debenham, a pawnbroker, No. 1, Queen's-road, Pimlico. I produce a remnant of silk pawned on 25th Sept., and three handkerchiefs, pawned the same day by a woman, neither of the prisoners—these are the duplicates found by Mr. M'Kenzie.

(The statement of the prisoner Thomas Nelson, before the Magistrate, was here read, as follows:—"I had a little money in the bank; about six weeks ago I took it out; since then I have been to sales, purchasing goods, and disposing of them in the best way I could; at the latter end of Sept. I was going to the baths, in Endell-street, and I saw a young man, who recognised me, from seeing me at different sales; he told me he had some handkerchiefs to sell that he had bought at a sale, and told me to come to his house about 2 o'clock; I thought I knew a man who would buy them; I bought thirty-six

small handkerchiefs, and thirty-two pieces, which I took to be handkerchiefs, but which were like the pieces for dressing gowns now in Court, a yard square; I thought the man had come honestly by them; I gave him 4l. 16s. for them; I took them to the person that I thought would buy them, and lie bought four of the small ones; not knowing what to do with the others I pawned some of them, and my wife some also; I know the person I bought them of; he lives at a public house, opposite White Lion-street, Seven Dials.")

GEORGE NEWMAN . I am an assistant to the prosecutor. These two handkerchiefs, produced by Mr. Wills, are a part of what we had in stock—these produced by Hatchard formed a portion of three or four dozen boy's handkerchiefs—on the night of the robbery they were left between two cardboards—this one handkerchief is one of a parcel made to Mr. Harborrow's order—a portion of them were damaged—they got soiled, and when we took stock Mr. Harborrow marked an additional gum ticket on them—the duplicate of this handkerchief was found in Churchman's box.

HENRY GRAWFORD WOOLLEY re-examined. I can swear to this pattern of dressing silk as being the one I received on the night previous to the robbery for a special order of mine—this other piece I had from a whole-sale house, in Wood-street; I have not the slightest doubt that these formed part of our stock.

Cross-examined by MR. PAYNE. Q. What is your certainty founded on? A. These are printed expressly for gentlemen's dressing gowns—the whole of these came from two wholesale houses—there were three entire pieces of this particular pattern—I assume there were no others printed of this particular pattern.

GEORGE NEWMAN re-examined. These ties found at Watson's formed a portion of our stock—they were in a box—about two thirds of the box was empty—there is no mark on them.

Cross-examined by MR. RIBTON. Q. These were very fashionable ties last summer? A. They were to a certain extent—our house is a hosier's and glover's; I doubt whether there is not a hosier and glover, but may have goods of this description—a great many houses could not sell these ties—they could not get the price—some of them are very expensive, many persons would not be disposed to give the price of these—you would get these ties at the better description of hosiers—there may be 100 hosiers who would have them—there is no mark on them—Mr. Harborrow is in a large way of business, but in a small way respecting these ties—we sold some dozens of these during the summer.

HENRY GRAWFORD WOOLLEY re-examined. These socks are in my department; they exactly resemble those that were stolen—here is the initial of the maker's name worked in the stockings, and a particular number which denotes the quality that is woven in also—I saw one pair of the stockings on Watson's legs, of exactly the same quality—they are all of one quality—these socks would not be bought at the corner of Tottenham-court-road.

Cross-examined by MR. RIBTON. Q. What initial is on them? A. Messrs. Allen and Solley's of Wood-street—they only supply the best houses—there are not a great many houses that sell these—there are houses in Tottenham-court-road where they could be purchased, but he said at the corner.

GEORGE NEWMAN re-examined. These silk handkerchiefs, blue and green shot, were manufactured expressly for Mr. Harborrow and another gentleman in the same trade—the handkerchiefs, when made, were divided between Mr. Harborrow and his friend—these handkerchiefs formed a part of our

stock on the night of the robbery—these two other handkerchiefs also formed a portion of the stock, and still have traces of the gum tickets—this green ribbon tie I can speak with more confidence to than to any other article; I bought several yards of ribbon at Waterloo-house; I cut them into suitable lengths, and fringed them out with a pin—I feel positive this was cut and fringed by myself—one of these white ribbon ties was bought in the same manner at Waterloo-house—the remainder of the white ties were bought in the City—we had a dozen and one in, a few days previous to the robbery.

Thomas Nelson. When I was in the cell, the officer Pocock came to me, and asked who I bought the property of; I told him the man lived in Short's-gardens, and he went away directly and came back again, and told me that he was out; on the next Wednesday He told me again that he went after the party, but he had moved away.

WILLIAM POCOCK (police-sergeant, F 14). That is true; I saw the prisoner after he was examined on the first occasion; he said he could tell the officer who he bought the property of—the Magistrate consented that an officer should see him—I went, and he told me that he bought it of a man that lived in a tin shop in Short's-gardens—I went there, the man was not at home—I went again, and the landlady said he had left for three weeks.

WATSON— GUILTY of receiving. Aged 20.— Four Years' Penal Servitude.

THOMAS NELSON

MARY NELSON

CHURCHMAN

JOHN WALLIS

NOT GUILTY

THIRD COURT, Friday, December 1st, 1854.

PRESENT—Mr. Ald. HUNTER; Mr. RECORDER; Mr. Ald. FINNIS; Mr. Ald. CARTER; and Mr. Ald. KENNEDY.

Before Mr. Recorder and the Ninth Jury.

Reference Number: t18541127-72

72. ISAAC HART , feloniously receiving on 10th Sept., 23 forks, 49 spoons, 1 tankard, and other articles, value 240l.; the property of Sir Hyde Parker, Bart.; and 1 salver, 4 pairs of sugar tongs, 2 sugar ladles, 4 salt cellars, and 1 knife; the property of George Morton Eden; well knowing the same to have been stolen.

MR. BODKIN conducted the Prosecution.

LOUISA ANN EDEN . I am the wife of General Eden. Last summer we were occupying the house of my uncle, Sir Hyde Parker, in Onslow-square—we had a butler, named Baker—we left London on 12th Aug., but hearing of this robbery on the 19th returned, and found that all our own plate, and Sir Hyde Parker's, which had been left in the house, was gone, and Baker, the" butler, had absconded—the value of the plate was between 600l. and 700l., some of it was old family plate; there were silver dishes, and a tankard silver gilt, studded with coins, with a figure on the top, which had been a present from Queen Anne.

JANE HYAMS . I was lady's maid to Mrs. Eden. Baker, who has been tried here, was the butler (See Vol. XL, page 1374); he left the service on 13th Sept.; he went out, and said that perhaps he should not return that

night, and I never saw him afterwards—in consequence of some communication, made to me, I sent for a builder, and had the great closet broken open—we then found that all the plate was gone—Baker used to have the key of it—about ten days before he left he went to the same plate chest, and showed me the top tray; it appeared to be all right then.

THOMAS CROSSLEY . I am nineteen years old, and am the son of Robert Crossley who was tried here last Sessions, and who is now in prison; he kept a beer shop in Bermondsey—I resided with him there, and assisted him in his business—I know Baker, who was butler to General Eden—I first saw the prisoner to notice him, on Saturday, 9th Sept., about 10 o'clock in the morning at my father's shop—on that day, by my father's direction, I went to General Eden's house—I got there about half past 7 o'clock in the morning, and received from Baker a rush basket with a flat bottom, which contained plate—I took it to my father's house, and gave it to him when I got in, and he took it up stairs, and put it in the front bed room—in about half an hour the prisoner came; my father went up stairs with him, and I followed—they weighed the plate, and while they were doing so the prisoner took out a tankard; it was an old fashioned one, with a bust of Queen Anne at the top, and about thirty coins let in—my father said he thought it was gold; the prisoner said, "No, it is silver I know, because I have such things passing through my hands every day;" and he asked me if I had got a file—I said I had got one down stairs; he desired me to fetch it—he tried the tankard with the file, and I believe it turned out to be silver—it was gilt—that, as well as the rest of the plate, was weighed; there was some spoons and forks, and a fish ladle, of old fashioned make—the prisoner and my father together weighed it, in what had been a potatoe machine which was kept up stairs; it weighed about twenty pounds—they were iron weights, potatoe weights—after it was weighed, the prisoner put it into the basket again from which it had been taken—I saw 40l. or 50l. in gold paid to my father by the prisoner, out of a little canvass bag, such as this (produced), just the same colour—I cannot swear to it, as it had a string like this (red tape)—after the money had been paid the prisoner asked me to carry the basket out for him to a cab—he said, "Take this; I am going to take this along with me, and I will pay you for your trouble"—he left the house first, and I followed him to Weston-street, and found a cab waiting under the arch of the railway there; he took the plate of me, got into the cab and drove off—I saw him again between 4 and 5 o'clock on that afternoon; he brought back the same basket, but without the plate—on the following morning, about the same time, I went to Onslow-square again (I got up that morning at 6 o'clock; I think my father and mother, and my little brother slept in the same room with me that Saturday night, and my brother Robert slept in the same bed as me)—when I got to Onslow-square, I saw Baker again—I had taken the basket in the afternoon previous, Saturday: and left it there, and on the Monday morning I received it again from Baker filled—I took it to my father's house; it contained plate the same as before, but new fashioned—my father took it up stairs—I gave it to him directly I got inside the door—about 1 o'clock the prisoner came, and they went up stairs together—I was up stairs cleaning myself in the room where the weighing machine was, and where the family slept—I saw the prisoner empty the basket, and weigh the plate—there was a plain silver teapot, four large silver dishes, four smaller ones, and some silver spoons, which the prisoner admired—he said that they were very massive table spoons—he put about half a dozen of them in a paper, folded

them up, and put them in his pocket after they were weighed—the plate was then put into the basket by the prisoner, and I believe there was about the same quantity of money passed as the day before; it was all in gold, and was taken out of the same bag—the prisoner employed me to carry it as before, and I followed him to St. Thomas's-street East, on the other side of the river, where there was a cab waiting at the bar which stops carriages from going down; it was not a cab stand—the prisoner took the plate of me, got into the cab, and drove away—he did not give me any money; he gave me a glass of gin—on Wednesday, the 13th, Baker came to my father's house, and remained there till the 25th, when he was taken into custody, and my father also—after my father was taken I accompanied sergeant Whicher to Petticoat-lane, and found the prisoner there; he had just come out of a house there, a public house I believe—I then said something to Whicher, and he took him into custody.

Cross-examined by MR. PARRY. Q. Do you do anything for a living? A. Yes; but not at present—I have been a servant, but the last three or four years I have assisted my father in the beer shop business, and the green grocery business; that is why we had the scales—I lived with my father, and did not want any payment—I had money when I wanted it—I was not a partner; I was the same as a servant—I did not have any of the money for the plate; I saw it pass, but did not have a farthing of it; that is perfectly true—I might have thought that this was wrong—I knew what was in the basket, but I made a mistake at the police court—I was sworn to speak the truth, when I made that mistake—I did know what I was carrying, but instead of saying "Yes," I said "No"—I knew that Baker was robbing Mrs. Eden, and that my father was receiving it—I have not done anything of that kind before—I never carried any plate from any fashionable neighbourhood to Bermondsey, before the 9th—it was after my father's conviction, that I first unburthened my mind about this matter—I went to see him in gaol after he was convicted, and he told me to tell all I knew—I never thought anything about getting any mitigation of his sentence by doing this, nor do I now—my father made a confession, and I forwarded his ends; that was after he was convicted—he was in trouble about six years before, when he was living up at the other end' of the town—he changed a 10l. note for a man who had committed a burglary; he was taken down to Warwick and discharged—I had nothing to do with it; I was away from home at the time—it was not on the day that I saw my father in gaol, that I made this communication to Whicher, but it was after I had seen him—I did not say that I recognised the portrait of a Queen on the tankard; I said I recognised the name of a Queen upon it, and a portrait of a woman—I never heard that it was Queen Anne before to-day—I was present at my father's trial—I did not hear the evidence; I was not there half the time.

ROBERT CROSSELY . I am seventeen years old, and am the brother of the last witness. In September last, I was errand boy at Mr. Osmond's, a dyer of Ivy-lane, Newgate-street—I was there seven months, and left last Saturday—I slept at my father's house, in the same bed with my brother, the last witness—I first saw the prisoner on Thursday, 8th Sept.; it was at my father's house—he was having some conversation with my father about 11 o'clock in the morning—I did not hear anything pass between them—he stopped about a quarter of an hour, and when he left, I followed him by my father's orders—the first house he went to, was a little jeweller's, in Harrow-alley, that runs out of Petticoat-lane—I waited about five minutes, and he

came out of there and went to a public house in Petticoat-lane, kept by Jacobs—I do not know the sign of it—he was there about half an hour, and I then followed him to a coffee shop in Petticoat-lane; he was there about twenty minutes, and I then followed him to a tobacconist's, near Whitechapel-road; he was there two or three minutes, and he then went back to Jacob's, where I left him, and returned to my father's house, and told him what I had seen—I saw the prisoner again on Sunday—my brother got up that morning about half-past 6 or 7 o'clock, and went out; he came home again about 10 o'clock with a large rush basket; I did not see what it contained; it appeared to be full and heavy—it was taken up stairs by my brother into the bed room, on the first floor, where me and my brother, and my father and mother slept—our house is closed on Sunday mornings, but it opens at 1 o'clock—I was in the bar when the house opened, and the prisoner came in directly the door was opened; my father was there, and he and the prisoner went up stairs into the bed room—my brother was up stairs, I believe; I know he was not down stairs—my father and the prisoner were up in the bed room twenty minutes or half an hour—I was there when they came down, and the prisoner said to my father that if he had had the weights and scales of the trade he should have made a better bargain—I saw the prisoner leave; he took something with him, but my brother followed him out with the rush basket, which I saw him with in the morning; it appeared to be full—I did not see the prisoner after this—he called there the next day after my father was taken into custody, and asked where my father was; my brother told him he was out—he said, "Tell him I shall call and see him in a few days; I am going to Birmingham"—I afterwards went with my brother and Sergeant Whicher to Petticoat-lane.

Cross-examined. Q. Have you often been to Petticoat-lane? A. Not very often; I have been about that way often, and know where it is very well—I have never been there on any little matter of business—I never sold any old coats there, or anything else—I can read and write a little—I always sleep with my brother—I left my situation on Saturday; it was through this case—I gave notice myself, to leave on Saturday week—I did so, because I had been away ill before that, and I did not like to ask them to spare me again—I knew nothing at all about the plate—I came home every night and slept with my brother; when he got up at half-past 6 o'clock in the morning, he did not tell me where he was going, but when he was going out, I asked to go with him—we have talked this matter over and over again—I know Baker; he is the man that was conversing with my father—before my father was apprehended, I knew that Baker was in the house—I did not know that he was concealed, or that there were orders from my father and mother that nobody was to know he was there—my mother was living with my father at the time of this transaction—I have also a brother ten years old—I took my meals at home—Baker did not take his meals with us, the meals were taken to him in his room up stairs, at the top of the house—the room was not locked—I have taken his meals up.

Q. Why did not you ask him to come down and dine with you? A. It was a room that he had hired—I had not the curiosity to ask why he had hired it, or why he was there—I never denied him to any one; I was never asked about him—I remember the policeman apprehending him—the prisoner called after my father was apprehended—I knew all about it then, but did not before; I knew nothing about the plate or money—my father has not given me a sovereign, or half a sovereign—it was on Sept. 8th that

my father sent me to follow the prisoner; he had told me to get a half holiday the night before to do it.

MR. BODKIN. Q. I believe that Baker and your father were old acquaintances? A. Yes; they had been in the same regiment together.

JONATHAN WHICHER . I am a detective officer. On 5th Nov. I took the prisoner in Petticoat-lane—the two Crossleys were with me—I told him I was a police officer, and apprehended him on suspicion of receiving a large quantity of plate—he said he knew nothing about it—I found the bag produced on him, and seven sovereigns.

Cross-examined. Q. Did you go to his lodging? A. Yes, in Horse-shoe-alley, Petticoat-lane; he occupied two rooms; he has a wife, and a large family—there was rather the appearance of poverty than otherwise—I saw two lads there, and three or four young girls, who, I understood, were his daughters—I should think the two rooms would let at 5s. or 6s. a week, at least—it was not a lodging, but a house; there was one room down stairs, and one up—I did not go to Harrow-alley, or to any small jeweller's shop—the prisoner was standing outside Jacob's house when I apprehended him.

LOUISA ANN EDEN re-examined. Among the plate lost was a plain silver teapot, of Sir Hyde Parker's, and a chased one—there were eight or ten silver dishes—our plate was modern—there were a great many table spoons of the Queen's pattern, handsome ones—there was a portrait on the tankard, but I rather think it was of Queen Mary, and not Queen Anne; it was inlaid with coins, and was silver gilt—the dish covers were Sir Hyde Parker's, and there were four large old butter boats—the old plate was Sir Hyde's, and the modern our's—the butter boats were such that you could put a ladle on each side—it was massive, good plate.

COURT. Q. What was there to indicate that it was a portrait of a Queen; was there a name on it? A. There was something to indicate that it was a Queen; I would not be certain that there was a crown on the head—I am not certain whether there was an inscription of the name of any Queen.

(John Benjamin, a tailor, of 34, Dudley street, Soho; Philip Raphael, furniture broker and dealer in diamonds, of No. 1, Magdalen-road; Joseph Myers, boot and shoe maker, of Duke-street, Aldgate; Samuel Silver, confectioner, of No. 39, Middlesex-street; Joseph Hyam, fishmonger, of No. 107, Middlesex-street; and Solomon Abraham, biscuit baker, of No. 110, Houndsditch, gave the prisoner a good character.)

GUILTY . Aged 55. Strongly recommended to mercy by the Jury, on account of his character.

Transported for Fourteen Years.

(There was another indictment against the prisoner.)

Ninth Jury.

Reference Number: t18541127-73

73. ISHMAEL NOYES , stealing 3 watches, value 24l., and 3 steel winders, value 3s.; the goods of Hugh Lavington, his master.—2nd COUNT, of William Hewett—3rd COUNT, of Thomas Bale.

MESSRS. PARRY and THOMPSON conducted the Prosecution.

HENRY DONALDSON . I am clerk to Messrs. Stauffer and Sons, watch importers and manufacturers; they carry on business at No. 12, Old Jewry-chambers. On 25th Oct. I remember making up a parcel of watches for Mr. Bale, of Bristol—there were two gold English watches, one silver Geneva watch, three steel winders or watch keys, and some leather watch bags—that is the box in which I put them (produced)—this other parcel (produced) is a copy of it—when I had made it up, I gave it to Robert Smith, our errand boy, to take to Mr. Hewett's, in the Old Bailey.

Cross-examined by MR. BALLANTINE. Q. I understand they were not insured in the way valuable articles are? A. No; we never do it.

MR. PARRY. Q. Do you not think you ought? A. If we were to insure every parcel we should pay a considerable sum of money—the value of the articles was 24l.

ROBERT SMITH . I am errand boy to Mr. Stauffer. I recollect, on 25th Oct. last, taking a parcel to Mr. Hewett's, in the Old Bailey—that little box is it—I gave it to the prisoner—he signed my book in my presence—(Entry, read—"Oct. 25, T. Bale, Bristol. Robert Smith—Hewett; 69, Old Bailey, 2d. booking. Signed, 'Hewett.'")

JOSEPH LAVINGTON . I am clerk to my father, at No. 69, Old Bailey; he is the agent of Mr. Hewett, a carrier. I remember, on 25th Oct., seeing this box on the desk in front of me; it had a brown paper over it, and a red seal—I first saw it at 6 o'clock—it came too late to be sent off that night—I stayed in the counting house till 8 o'clock—I left the prisoner behind me—the box was either on the box, or in the further part of the office, when I left—it was in the office—I sent it out on the following afternoon, a few minutes before 5 o'clock—I gave it to the man, and saw it put in the van—it was directed, "Mr. Bale, 36, Vine-street, Bristol"—I made an entry, "Bale, Bristol"—I heard on Sunday morning that the parcel had been received, but not the watches—the parcel was sent off on Thursday evening, and on Sunday I heard that it had been delivered, but not the watches—I saw the prisoner on Monday morning; I did not speak to him about it—later in the morning he pointed out to me where he had put the parcel—I made some remark about the parcel, and he showed me where he put it, on the shelf—I cannot tell the nature of ray remark—he knew it had been lost.

Q. What did you say to him that induced him to point out the shelf? A. I cannot exactly remember the words—I do not remember what it was; he showed me where he had put it on the shelf—May was the man I gave the parcel to.

Cross-examined. Q. You have a great number of persons in your employment? A. Fourteen or fifteen—none but the prisoner would have access to the place where he pointed out that he had put the box—it was brought out to me, and I took the name off and gave it to May, and saw him put it into the van, between half past 4 and 5 o'clock—I believe Noyes gave it to me—I believe it was him; I cannot swear it was him who brought the truck to the end of the platform with other parcels—that was the only parcel on the shelf—the prisoner, and my father, and myself were the only persons who had access to this property—the door was not left open; when the prisoner went away, he locked the door, but not going backwards and forwards—when he was away, I was there, or my father; nobody else—he has been in our service two years—he has conducted himself very well indeed; we always found him very honest—we met with no losses—we received him with four years' character; he has accounted to me daily, and I always found him correct—there is nothing to prevent persons coming into our office, except the door being locked; it is always locked when there is nobody there—he leaves at 8 o'clock in the evening, or when he has finished—if he was away without the door being locked, somebody could come in.

JAMES MAY . I am porter to Mr. Lavington. I took such a parcel as the one before me in my van, to the Great Western Railway, and gave it to the ticker-off; I do not remember the day.

COURT. Q. Have you any delivery book to remind you? A. Not for things we take to the railway—it was a separate parcel—that was the regular ticker-off on that night—they have different tickers on different nights—I delivered it to the licker-off that was at Paddington that night.

AUGUSTUS FREDERICK WOOLCOTT . I am platform clerk on the Great Western Railway; I am a bicker-off of goods. I cannot swear to this parcel being brought to me by the last witness—parcels are checked off by the van, and placed in the trucks—tickers-off are clerks appointed to check parcels from the van—there are ticking-off notes—I have a document of the kind here; that will tell me—(looking at it—"Bale, Bristol, one parcel, sent direct to the Bristol truck")—that was on 26th Oct.—I gave it to Chandler, for Hewett—Chandler is a porter.

WILLIAM CHARDLER . I am a porter at the Great Western Railway station. I recollect unloading Mr. Lavington's load—I put it into the truck—it would go to Bristol in the ordinary course.

THOMAS BALE . I am a jeweller and silversmith, at Vine-street, Bristol. I received that parcel on Saturday, 28th Oct., about 2 o'clock in the day—I opened it—it contained some watch bags and five pieces of brick—they are there now—they are in the same state—my assistant saw me open it—he is not here—I immediately communicated with Mr. Hewett—he lives in Bristol, close to my place—we arranged to come to London to make inquiries—on Monday morning I went to Mr. Hewett's office, in the Old Bailey, to make inquiries—Mr. Hewett came up with me on Sunday night, and went to the office on Monday morning—I looked about the yard; I saw a piece of brick—Mr. Hewett and I had gone into the counting-house, and asked Mr. Lavington about the parcel—I was about to leave, and looked round the yard, about the counting-house door—I saw a heap of rubble just behind the counting-house door—I beckoned to Mr. Hewett, and said, "What is this?"—Mr. Lavington, the father, said, "That is for repairing the yard;" he said, "There is no brick there; it is only stone"—I said, "There are some pieces of brick;" and on going a little further I found this large piece of brick (produced)—I have examined this brick with the brick that was in the box, and find three pieces fit—these three pieces fit; this other does not—(the brick and pieces were examined by the Court and Jury, and fitted exactly)—I subsequently informed the police—I went with the inspector and Moss, the detective, to the prisoner's lodgings, and saw them searched—the first occasion I went, was the day the prisoner was given into custody, on the Monday—the second occasion was on the Tuesday week following—the policeman found on the second occasion a piece of piper—he has it—that piece of paper has been fitted to some papers which were in the box which the stones were in—it is dark paper—that is all I know about the matter—we found it in the box—I can identify it—Mr. Hewett wrote his name upon it.

Cross-examined. Q. You had brought up the paper from Bristol? A. I had, in the box—I did not search the prisoner's box on the first day—I was standing in the room—I saw the policeman searching it—I was not searching the box to see if anything could be found—on that occasion nothing whatever was found in reference to this—the prisoner was present—I had brought up those pieces of paper on the first occasion—I did not, that I am aware of, on the first occasion, say, "Perhaps we shall find something like this"—I did not take the paper out—I did not point to it—I showed it to Mr. Lavington at his warehouse—I did not say, "It is possible we may find something like this."

COURT. Q. Did you use that expression, or any expression of that sort at Lavington's warehouse? A. I may have.

Q. You are trifling with our time; did you, or did you not? A. I cannot say.

MR. BALLANTINE. Q. Do you believe you did? A. I think it is likely I did—I believe I did, because I wished to see if there was any like it—when the search of the boxes of the prisoner was made, watches or duplicates were searched for—I did not direct them to look for the paper—I did not myself look into the box to see if I could find anything like it—I believe nothing was found while the prisoner was present to connect him with this—I left on Thursday, the 3rd, and came up on the Monday evening following; and on Tuesday, the 7th, I went to the prisoner's lodgings—I did not take him with me—I looked at his boxes without the presence of anybody on his part, except the woman he lodged with—she is here—I cannot say whether she is to be called as a witness—the policeman searched the box on that occasion—I was looking over, part of the time—I had not this piece of paper with me at the time—it was in the box at the station house—the policeman searched the box and gave up the paper—I did not search the box—I did not shake up the things at all—I did touch the things—after the policeman had searched and found the paper, he touched me, and said, "Here, this looks like it," or, "like a piece," and I said, "It is too dark."

Q. Did he say, "like it"? A. That was the idea he conveyed—I was looking for letters, but he referred to the paper he had found.

Q. The prisoner was not there, the box was not there, and you had not spoken to the policeman about the paper, and you were looking for letters? A. That was the object of our going there—I cannot account for the policeman saying "This looks like it."

Q. Am I to understand you to swear that you never touched the things in that box before the policeman found the paper? A. I took out a piece of music which was on the top and a letter—I think that was all I took out—when the policeman opened the box the first thing was a piece of music, and I took that out and one letter, and I was reading that and the policeman took out some others—I think it is likely that I first touched the things in the box—I have a doubt—I think it may have been the policeman—the music and letter were first, but I am not sure whether the policeman did not take out something else at the same time—if he did, he need not have groped under them, as they did not cover half the surface of the box—the letter was about the prisoner enlisting as a soldier—I cannot say whether I began the search—the prisoner was not there—nothing was found on the first occasion, and this remarkable piece of paper was found by the policeman on the second occasion.

Q. Now, I ask you, Sir, did not the policeman look, and say he could find nothing, or words to that effect, and did not you say to him, "Let me look?" A. No, I did not—I did not, on looking, point out this piece of paper—I did not myself point out that piece of paper to the landlady—the first I saw of the paper was in the policeman's hands—I did not point it out to the landlady—when the policeman found the piece of paper, I said, "Here is a piece that looks more like it"—that was a piece of whitey brown which was on the table; the policeman drew my attention to it—he said, "This looks like it," or something like that—I had not been talking to him about the piece of paper—he knew I had a piece, because he had it in his possession—I found a part of this brick—after I found the first piece Mr. Hewett found

another while I was away at the station house—Mr. Hewett and Mr. Lavington were present when I found the first piece—they are here—they saw me pick it up—I am a silversmith and watchmaker—I was apprenticed to the business—that is the only business I have carried on.

Q. Have you been engaged in tracing out persons on other occasions? A. You refer, I suppose, to a remark I made to Mr. Lavington about coming to London—some time ago a Mend of mine was bankrupt, and he came from Bristol, and was ill—I came to London and found him out—it was an act of private friendship—they were not my goods, but the goods of a friend of mine—I have not been attended by a medical man.

MR. PARRY. Q. What are you suffering from? A. Bowel complaint—diarrhoea and sickness—I did not put the paper into the prisoners box for the purpose of it's being found.

WILLIAM HEWETT . I came up with the last witness from Bristol, on Sunday night, 29th Oct.—I went to the yard on the Monday morning with Mr. Bale—Mr. Bale made a search, and found a piece of brick in the yard—I am not positive that I saw him find it—I afterwards made a search, and found another piece of brick, corresponding with that which Mr. Bale found—that is it (produced).

Cross-examined. Q. You cannot say that you saw Mr. Bale find that brick? A. I am pretty sure I did not see him pick it up—I was in the office with Mr. Lavington, and he beckoned to me to come out—he said that there was a heap of rubbish in the yard, and that he had picked up a small piece of brick corresponding with those pieces in the box—we turned round in conversation—Mr. Bale was behind, still looking over the bricks, and called my attention to another piece which he had picked up—neither Mr. Lavington nor I saw him pick it up—I found a second piece—Mr. Bale did not say anything to me about looking farther to see if I could find more—he came and produced it to me and Mr. Lavington, and we both said it was very like the nature of the brick in the box, and Mr. Bale went to the police station to get a detective—I remained in the yard—curiosity led me to look about, and I found the other bit within three or four yards of the place where Mr. Bale found this.

MR. PARRY. Q. Were you standing in the yard when he found it? A. I believe Mr. Lavington and myself were by the yard gates.

GEORGE ALPIN . I am porter to Mr. Hewett, at Bristol I cannot tell when that parcel arrived—I had it delivered to me on Saturday, about 10 o'clock in the morning—I put it in my van—I do not know when it would have arrived in Bristol if it had started by the luggage train over night—I apply to the porter, who delivers me the goods—when I applied for it it was delivered to me—I applied to Andrews for it.

Cross-examined. Q. At the time you delivered it to Mr. Bale, it was in an apparently perfect state? A. It was—it did not appear to have been broken open—it was wrapped up in paper, and fastened with string and sealing wax—I believe there was a stamp on the seal, in red sealing wax.

MR. BALE re-examined. I tot the string, and cut the seal out of the paper, and put it in the box—the device on the seal is "I. S. F.;" it is Messrs. Stauffer's seal.

HENRY DANALDSON re-examined. It is "S. T. & C."—it is our seal; it is an old private seal of Mr. Stauffer's, which we used in the counting house—it is a genuine seal of ours.

HUGH LAVINGTON . I was in my office when Mr. Bale came up from the country—Mr. Hewett was there—I remember some bricks being found—I

was then in ray office with Mr. Hewett—I did not see them found—I afterwards saw Mr. Hewett find a bit of brick, three, or four, or five minutes, after the first: after Mr. Bale left.

Cross-examined. Q. Where is your yard? A. No. 69 in this street—I never saw such a brick in my yard, before Mr. Bale found it—I have not found any since like it—I have looked.

Q. Until Mr. Bale paid your yard a visit you never saw a brick like that; and since he paid it a visit, you have never seen another? A. No—there are no whitewashed bricks about—when Mr. Bale first came up he showed me a piece of paper, on the 30th—he said it was a peculiar piece of paper, and he thought it might tend to trace the person—I believe that was his idea, and I believe it was his expression—I made a good many inquiries of him—the next day he said something to me about charging or fixing him—(Mr. Bale was directed to leave the Court)—he said if you can fix it here you are welcome to do so (striking his breast)—that was on the 31st, at my office, in consequence of some observations I made—I merely inquired the day before who was present when he received the parcel and when he opened it—it was in allusion to that I imagined he did so—I had asked him the question myself—I asked him who received the parcel; I think he said he did himself, and I asked him how long he received it before he opened it—he made answer, about half an hour—I asked him whether the parcel had been disturbed since it was packed—he said, no, it had not the least appearance of having been disturbed that he noticed.

Q. You said something about who was present, did you make that inquiry? A. I did—his foreman, I think he said—he mentioned somebody, at all events—I asked him if he saw him open it—he said he was at the farther end of the room—I understood that it was in relation to this question that he struck himself and said that—I do not know whether he said "young man" or "foreman."

MR. BALLANTINE. Q. Is it your son who has been examined? A. Yes—I have had the prisoner in my employ two years—I had him with four years and a half character—he was a steady, honest, well conducted lad.

MR. PARRY. Q. Had you yourself found a bit of brick? A. Mr. Bale asked me if I had seen any brick about the premises; I said I was not aware of it, excepting one which I saw fall from a wagon a week or a fortnight before, but that was a brick of a different character.

COURT. Q. Was that a whitewashed brick? A. Not to the best of my recollection—a plain London brick it appeared to be.

JOHN MOSS . I am a detective policeman—I was employed in this matter—I went to the lodgings of the prisoner—I searched his box on the first occasion—I did not find anything—Mr. Bale was with me—I afterwards searched his lodgings again, for the purpose of finding some letters—when I met Mr. Bale in the morning, he suggested that we should go and see the landlady, and inquire about a letter which he said he had received from Southampton—I went and searched his lodgings again—I found this small piece of paper (produced)—that piece matches with some others—the marks upon it are my initials—(the witness produced two pieces of paper) these are the papers in which some of the stones were wrapped—as far as I know I received them in the box from Mr. Bale—I can fit that (the piece found in the prisoner's box) in here—my object in going to the box a second time, was to look over the letters to see what acquaintances he had got—I came near to the bottom of the box, I lifted up a waistcoat, and this piece of paper dropped from the waistcoat and fell to the bottom of the box.

COURT. Q. The box had been all ransacked before? A. Yes, but the things not all taken out—they had been all turned over—I had no idea of the paper at the bottom—it was a moderate sized clothes box, about half a yard deep and three or four feet long.

MR. PARRY. Q. How many things do you think you took out before you came to the waistcoat? A. Several letters, two concertinas, and a music book—at the time I found it, Mr. Bale was standing by my side, looking over a letter—I believe he took a letter or two out of the box on the second occasion—I was searching the box, and he came and took a letter or two, and was reading one when I found the paper.

Cross-examined. Q. Can you recollect whether he or you first meddled with the box? A. I did—I am sure of that—he came round and took a letter out—I am quite certain I first took some things out of the box—it was the two concertinas—that would bring me nearer to the waistcoat—then there were several music books—they did not cover the whole surface of the box—there were one or two shirts.

COURT. Q. Was not the music book lying on the top? A. As soon as I took the concertinas out I think the music books lay next—we were not particular how we put them in—when we first searched the box, the letters and the music book were both mixed together.

MR. PARRY to THOMAS BALE. Q. In what piece of paper was it that these bricks were wrapped? A. I cannot tell—one or two of the pieces of brick were wrapped in this piece of paper.

MR. BALLANTINE to JOHN MOSS. Q. In point of fact these things were only in the state that they were when they had been tumbled in, after your first search? A. Quite so; I tumbled them in—I do not know that Mr. Bale examined any of the articles on the first search; I cannot swear that he did not—the landlady was there, and she is here—Mr. Bale did not point out this piece of paper to me, that was a different piece altogether, this is it (produced)—he said, "What piece of paper is this?"—that was after he had found the dark piece, and said, "Hallo! here is a piece of paper something like that piece you have got in your box"—Mr. Bale said, "No, I think it is too dark;" we then went over to the station, and examined the piece of paper in his box, matched it, and found it to correspond.

COURT. Q. Had Mr. Bale drawn your attention to the paper in the box before you went there? A. No; it was after I found the dark piece—when I said, "This is something like what you have got in your box," I had not called his attention to the paper in the box, but I had seen it at the station—he had called my attention to it at the police station; I think it was on the first occasion, when he came with the brick—I am quite certain it was on the first occasion, because he was showing us the piece of brick, and the pieces he had found—he called my attention particularly to the paper before we went to make any inquiries at all.

Q. Did you or did you not go to search for a piece of paper like that? A. I did not think of the paper at all till I found it, it did not strike me about the paper—nothing at all bad passed about searching for paper of that description—my attention had not been called before I went to search the second time, to the large piece of paper having a piece torn out of the corner—I received this large piece from Mr. Bale, on 7th Nov., the day that the prisoner was committed; that was after we found the small piece, after we came from the Hall—Mr. Bale had been in possession of the box and paper up to that time—I had seen the box and the paper before the first search; and Bale had called my attention to it—I did not find the small piece of paper

on the first search, I had no idea of searching for it—the watch box was emptied of its contents at the station—I think it likely that the small piece of paper could have been in the box the first time without my seeing it, because I did not take anything out, as I was quite certain the watches and duplicates were not there.

Q. But a duplicate is as small as this, or smaller; how could you expect to find them if you did not take everything out, down to the very bottom board; did not you take them all out? A. I did not, but I went to the bottom of the box—the waistcoat had been out before—I shook the things on the first occasion, and so I did on the last—I looked in the pockets, and the small piece of paper did not appear—I beg pardon, on the first occasion I did not match the paper—I did not put the two pieces together to see the size.

MR. BALLANTINE. Q. Where did this piece of paper come from? A. From Stauffer, the watch manufacturer's; it is the same size as the other was before; it was this size before it was torn—all the papers that these watches are sent over in are that size.

COURT. Q. You had seen the paper in the box, in which the watches were supposed to be sent? A. Yes; and it was just the same as that which came from Stauffer's—the pieces of brick were pulled out of the paper—I have been in company with Mr. Bale, since this has been going on—I had a glass of ale at the New Inn, the first day I went to make inquiry—Mr. Bale paid for it.

WILLIAM HEWETT re-examined. I reside at Bristol, and came up with Mr. Bale. He came to me to tell me about the parcel between 2 and 3 o'clock on Saturday, and we made arrangements to come up to town on Sunday—we came up together—Mr. Bale had no box or bag with him that I noticed—we travelled together in the train—we stopped at the Paddington Hotel together, and slept in a double bedded room, the only room they had—I breakfasted with him in the morning, and went with him from there to the Old Bailey, to make inquiries—I am the carrier, the party who would be responsible—Mr. Bale showed me the parcel on Saturday, after he had received it, and he carried it up to town—I helped Mr. Bale on with his great coat when he left the Paddington station to come to the Old Bailey—I came up direct with him, and was in his company all the time—to my knowledge he did not, in any way, carry a brick with him as large as this from Bristol—I should certainly have known if he had it, from the fact of helping him on with his coat—he had no bag, box, or trunk—we came up in a hurry, at an hour's notice; he had no parcel or bag—I should think he could not have brought this brick up from Bristol, and thrown it in the yard for the purpose of finding it there, without my seeing it.

Cross-examined. Q. Can you tell me whether he reminded you at all, of helping him on with his great coat? A. No, but I remember it—what passed at the examination of the Magistrate, led me to see that there was some suspicion attached to Mr. Bale—Mr. Bale did not remind me that I had helped him on with his coat, and that he could not have brought the brick—I believe he slept in the same shirt that he wore up—he brought this box up with him.

MR. PARRY. Q. You say that this suspicion attached to Mr. Bale was canvassed or discussed; was Mr. Dalton, the gentleman who instructs Mr. Ballantine, at the police court? A. Yes—something occurred which induced me to believe that there was this sort of suspicion—it was then that I reflected on what had happened in our journey up to town, and so on.

(The prisoner received a good character.)

NOT GUILTY .

FOURTH COURT.—Friday December 1st, 1854.

PRESENT—Mr. Ald. FINNIS, and RUSSELL GURNEY, Esq.

Before Russell Gurney, Esq., and the Fourth Jury.

Reference Number: t18541127-74

74. ANN HYATT and SUSANNAH TAYLOR , stealing a waistcoat, 2 coats, a pair of trowsers, 2 frocks, and other articles; the property of Benjamin Strong: to which

ANN HYATT PLEADED GUILTY .— Confined Three Months.

BENJAMIN STRONG . I am a stereotypes, living at No. 2, Wine Office-court, Fleet-street—the prisoner Ann Hyatt lodged in my house. On 25th Nov. I was coming down Wilderness-row, about half-past 6 o'clock in the evening—I met both the prisoners—they were together—I have seen the other prisoner several times; I did not know her name—I have seen her several times with Hyatt—when I met them they each had a bundle—I then went home—I was informed I had been robbed, and I found I had been—I missed two black frock coats, a pair of trowsers, a child's frock, and several other things—I could not replace them for 7l.—this is my handkerchief, and this is the coat and trowsers (produced)—all these I can identify.

Taylor. I can only say I am quite innocent; I never saw this gentleman at Hyatt's house; on Saturday I was never out of my own place from 4 till half-past 8 o'clock. Witness. I am quite sure I saw her with Hyatt—I spoke to Hyatt—I had known the other previously.

ALFRED GREEN (City policeman). On Saturday evening, the 25th, I went with the prosecutor to Hyatt's house—I found there a latch key, which would unlock the prosecutor's door—while I was searching, the prisoner Taylor came in—I told her Mr. Strong had been robbed, and that she was seen with Hyatt carrying a bundle in Wilderness-row—she said she had not seen Miss Hyatt that evening—I then told her I should like to see the contents of her pocket—I took from her pocket is. 6 1/2 d., a latch key, that will open Mr. Strong's door, and a duplicate for a pair of trowsers, pledged on Saturday for 5s.—I learned from her where she lodged—I went there—I found this handkerchief under the bed—I also found six duplicates behind a picture—they do not relate to this matter—Mr. Strong picked this up from the fire, at Taylor's—I saw him do it—it is one of Mr. Strong's cards.

MR. STRONG re-examined. That was in my waistcoat pocket; it was the last I bad left—that I found in the fire place of the prisoner Taylor.

JOHN MORRITT WALTER . These things were pledged with me some time on Saturday, 25th Nov.; I cannot say what time of the day—I think it was after dinner—I do not remember the person who pledged them—this is the ticket that was given.

ALFRED GREEN re-examined. I found that ticket in Taylor's pocket—the key I found would not open her door; it looked to me not to have been used.

Taylor's Defence. I have nothing to say; I am quite innocent.

GUILTY .— Confined Three Months.

Reference Number: t18541127-75

75. GEORGE DOLBEY , stealing a bed, 2 blankets, 2 sheets, a looking glass, and 2 two candlesticks, value 1l. 13s.; the property of Label Lieburn.

LABEL LIEBURN (through an interpreter). I live at No. 48, Chamber-street, Goodman's-fields—the prisoner lodged at my house for ten days—it will be a month to-morrow since he left. On Sunday night I was aroused by the opening of a window above—I jumped out of bed, opened the window, and saw the prisoner receiving a bundle, coming down from above—that was while the prisoner was lodging with me—his wife was living with him while he lodged in the house—he lodged on the second floor; I live on the ground and first floor—I could see the bundle coming down, and I could see what it was—I noticed the blankets and the feather bed—the prisoner ran away—I ran after him—he turned into a court, or passage—I could not see any more of him that night—I saw him eight days after, on a Monday, at the corner of Prescott-street—I asked him whether he thought it right to treat me like that—he said, "Stop a minute, I will go to my governor, get some money, and settle with you"—I went with him—he took me close to the railway, in the Minories; he then ran under some of Pickford's wagons, and tried to escape—I called "Police!" and he was stopped—after I pursued him on the night of the robbery I went up to his room, and found everything gone—I left the door open when I pursued him—I went to bed at about 11 o'clock that night—the prisoner and his wife were then in doors—I myself fastened the door—none of the things have been found.

Prisoner. I have nothing to say, except that I never saw the prosecutor until he gave me in charge.

RACHEL LIEBURN (through an interpreter). I am the wife of the last witness. I remember these articles being lost—I am quite sure the prisoner lodged in my house for ten days before that—he took the lodgings of me—he paid me a shilling deposit.

Prisoner's Defence. I know nothing at all about it.

GUILTY . Aged 36.— Confined Three Months.

Reference Number: t18541127-76

76. ROBERT CUSACK , feloniously throwing a quantity of lime upon Alfred Williams, with intent to burn him.

ALFRED WILLIAMS . I am ten years of age, and live with my parents at No. 42, Drayton-road, Kensington. On Tuesday night, 24th Oct., I was out—it was raining fast—I went into a house under repair in Drayton-road—the prisoner let some other boys in, but would not let me—I stopped at the door—he picked up a handful of lime and threw it at me—it went into my eyes, and gave me much pain—I screamed out and said, "I am blind! I am blind!"—the prisoner then took me to a puddle of water, and washed my eyes—I went to the hospital next morning; I am still an out patient—I can only see a little.

Prisoner. After I had done it, I took him to a doctor's shop three or four doors off. Witness. He was kind to me after he did it—he first took me to a puddle of water to wash it; then he went to a doctor's, and he gave me a sponge and some oil—he said he hoped it would not do any harm.

NOT GUILTY .

OLD COURT.—Saturday, December 2nd, 1854.

PRESENT—Mr. RECORDER, and Mr. Ald CARTER.

Before Mr. Recorder.

Reference Number: t18541127-77

77. PHILIP MOSS WALMSLEY was indicted for bigamy.

MR. DOYLE conducted the Prosecution.

STEPHEN THORNTON (police inspector). I produce an extract from the register of St. Clement Danes church—I have examined it—(read: "Aug. 26th, 1850, Philip Walmsley, bachelor, and Margaret Hulme Munns, spinster, married by licence at the church of St. Clement Danes.—Signed, "Hy. Christmas, Curate.")

MARY BERRY . I am the wife of Augustus Berry, a schoolmaster—I knew the prisoner a few weeks before his first marriage, and was present at St. Clement Danes in 1840, when he was married to Margaret Hulme Munns—he is the same man.

Cross-examined by MR. BALLANTINE. Q. But he was under age, and she was under age? A. Yes; she was almost eighteen—her father gave her away; he was not very glad to do so—I think the prisoner was more than nineteen, but it is wrong for me to say a thing I do not know—I believe his wife is in Court; I brought her in a cab with me this morning, with two beautiful children; the little one is the image of the prisoner.

JOHN WHITE CULL . I am parish clerk at St. George's, Ramsgate, and live there at No. 11, Royal Crescent-terrace—I know the prisoner—I remember his being married at that church to Augusta Annie Lewis, on 11th May, 1853—I gave away the bride—this is a copy of the register (produced)—I was attesting witness—(read: "Parish of St. George, Ramsgate, Philip Moss Walmsley, bachelor, lieutenant in the Bengal Army, and Augusta Annie Lewis, spinster, married 11th May, 1853.)

Cross-examined. Q. Are you certain that that is the man? A. I am quite certain.

GUILTY .

(Henry Australia Thornton, clerk to Messrs. Meredith and Reed, solicitors for the prosecution, stated, that Miss Lewis was entitled to a moiety of her father's estate, which, subject to one or two charges, was worth 20,000l. or 30,000l., and to 1,200l. besides, quite independent of her mother. MR. DOYLE stated that about 3,000l. of the money had been squandered by the prisoner. Mr. Berry stated that the prisoner did not actually desert his wife, but that he was sent out to India by his father, in consequence of his having committed some fault, and that for nine months after his arrival in India, his wife received 1l. a week from him. Jane Mann, the mother of the prisoner's wife, stated, that she now lived with her, and supported herself and her two children by needlework, and that she had not for many years received any support from the prisoner, except 25l. which was given to her. Confined Two Years.

NEW COURT.—Saturday, December 2nd, 1854.

PRESENT—Mr. Ald. CARTER, and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Sixth Jury.

Reference Number: t18541127-78

78. WILLIAM EDNEY, WILLIAM MAYHEW , and MARY ANN PRIOR , burglary in the dwelling house of William Purcell, and stealing 4 pairs of boots and 3 pairs of shoes, value 1l. 3s.; his property.

MR. THOMPSON conducted the Prosecution.

WALTER PARSONS (policeman, G 57). On Sunday, 5th Nov., between 3 and 4 o'clock in the morning, I was on duty in Holywell-lane, Shoreditch—I saw the prisoners, Edney and Mayhew, standing outside the prosecutor's shop window—I have known Edney for two years—I am quite sure he was one of the men—I saw him as plainly as I see you now—it was a bright moonlight morning—I am sure of the three prisoners—I went and stood in a doorway opposite the King John public house—it was a dark place—I could see them very plainly but they could not see me—I saw Prior standing in a court six or eight yards from the prosecutor's shop—I had not known her before—I have no doubt she was the person—she was standing, looking out, at the end of the court, but she could not see me—I then heard some glass break, and I ran towards the men—when I ran towards them, they ran up the court, where Prior was standing—I could not discern whether they had anything with them, as I was running—I followed them into the court, and I heard a door slam just as I entered the court—I did not see where the female went—I ran down the court, and pulled the door—it is a side door—there is no number to it—it is about eight or nine yards down the court, from the lane—I had lost sight of all the prisoners before I heard the door slam—I pulled the door, and it appeared as if there was some one inside holding the door—I could not pull it open—I directly turned back out of the court, and sprang my rattle, and G 20 came to my assistance—we both went to the house, and G 20 went in first—I followed him in, and we found Edney and Mayhew in the same room—Mayhew was standing behind the door, he was dressed—Edney was undressed, and was in bed with a female—I took Mayhew down stairs, and gave him into custody to another officer, who was outside—I went in and searched a little further, and found the prisoner, Prior, on a dust heap, under some steps—she was concealed, and had a shawl covered over her—I took her out, and took her out of the door, along the passage into the lane, and left her with another policeman—I then went up stairs, and the sergeant and I made Edney put his clothes on, and took him down—there was no other man in the same room—there were lodgers, who lodge in the house—we took the three prisoners to the station at one time—we then went back to the prosecutor's shop; we had seen that the glass was broken, when we went by with the prisoners—we found one of the shutters was slipped down—the glass was broken, and we could see where the boots had been taken out of the window—I could not see how the shutters were, when I first saw the prisoners in front of the shop, because they were before the shutters.

Cross-examined by MR. PAYNE. Q. Where were you? A. In a doorway right opposite the King John public house—I should think from twenty to twenty-five yards from the shutters on the same side of the way—I was standing so that I could not be seen—it was a dark place—the prisoners were dressed as they are now—Edney had a cap on, and the other prisoner a hat—I should say the court they ran up is nine or ten yards long—the door is the side door of a house in Holywell lane—it is the last door in the court on the right hand side—there are some steps at the end of the court—to go down the steps will take you to some more houses—there is a low wall which leads from the further end of the court down to those other houses—I did not find the boots, but I know where they were found, on the other side of the wall—the shop is between where I was and the court—

the shop is seven or eight yards from the court—I was further from the court than the shop is—I saw the prisoners run up the court, and the next thing I heard the door slam—I went to it, and found it apparently held by some one—when we got in we found Mayhew with his clothes on, and Edney in bed—he said he had been in bed four or five hours.

Q. Was not what he said, I have bean in bed for hours? A. He said he had been in bed four or five hours; I do not recollect exactly—there was moonlight and gaslight—I should think I was not gone from the room more than six or seven minutes when I went down and found Prior in the dust hole—I should think it was not nearly a quarter of an hour—there was no conversation with me and another officer as to whether we should go and take Edney—I should think there were seven or eight officers there—Edney was still undressed when I went I back—when I heard the door slam I ran and pulled it, because I know how that door is—women of the town live there.

Cross-examined by MR. TALFOURD SALTER. Q. This was a very moonlight night? A. Yes—I am certain of the men—Mayhew had about the some sort of coat as he has now—a dark coat, and a hat on—I saw that distinctly—I do not know whether I should have noticed if they had had ever so many pairs of boots in their hands—I was bustling along after them—I did not see anything in their hands—I had my eyes on them—I was getting nearer to them—Mayhew might have had a bundle under his coat and I not see it—yet I can speak to his features—I could see the shutter was slipped down before I got up to the shutter—I could not see the shutter down when I first saw the prisoners standing there, because they were standing between me and the shutter—I was on the same side of the way—I was looking out when I was in the recess, but I could not see the shutter—the prisoners turned down the court, and I lost eight of them—I do not know that I had seen Mayhew before.

MR. THOMPSON. Q. Do you know the yard where the boots were found? A. Yes—persons would not have to pass that yard to get into the house where the prisoners were—there are about two yards from the door they went into, to the low wall—they could open the door with one hand, and drop the boots over the wall with the other—the wall is perhaps five feet high.

COURT. Q. What time elapsed between your pulling the door and your getting in the house? A. Perhaps twenty minutes—plenty of time for a man to undress.

MR. SALTER. Q. Are there several houses down those steps? A. Three or four houses, I believe.

WILLIAM PHILLIPS (police sergeant, G 20). On Sunday morning, 5th Nov., I heard a rattle spring in New-court, Holywell-lane—I went up to the spot, and found the last witness there—he told me something—we went into a house and went up stairs, and knocked at the back room door on the first floor—we found Mayhew dressed, and standing behind the door, with a hat on, and Edney was undressed, in bed with a woman—I spoke to Edney to come with me—he said, "I have been in bed five hours; what do you want with me?"—I said, "For springing a shutter bar in Holywell-lane"—he looked across the room, and said to Mayhew, "By God, we are in a d—mess now"—I told him to get up and dress himself—I took his boots from under the bed, and they were wet—they were not like the boots of a person who had been in bed five hours—he got up and dressed himself, and put on those boots—I took him down stairs, and kept him in custody—when I was

coming down I saw the last witness go in the yard and take Prior from the dust place—I took Edney to the prosecutor's window, and found the glass had been broken, and there was a space where boots were missing—the prosecutor came up to the window, and when the other prisoners came up he said he had lost four or five pairs of boots, and then he came out again and said he had lost seven pairs.

Cross-examined by MR. PAYNE. Q. What was the first thing that was done when you got into the room? A. I went to the bed where Edney was—there was no other officer in the room but me and Parsons—Parsons took Mayhew down stairs, and I followed afterwards with Edney—I remained in the room from the time I went in till Edney was dressed, and came down, which might be ten minutes—I was waiting till Edney got his clothes on—Edney was in bed when he looked towards Mayhew, and Parsons was close by Mayhew.

Cross-examined by MR. T. SALTER. Q. Where were you when you heard the rattle spring? A. About 100 yards from Holywell-lane—I made all the haste I could there—we did not get into the house immediately; we knocked several times—some one inside opened the door; the words that Edney used to Mayhew were, "We are in a d—mess now"—(The witness's deposition being read, stated—he then said to Mayhew, "By God, we are in a d—mess")—I cannot be certain about the word now—he did not say, "We are in a mess through women."

CHARLOTTE PURCELL . I am the prosecutor's wife; we live at No. 46, Holywell-lane. I and my husband sleep in the front kitchen—the shop window is a bow window—there is a grating—the kitchen window comes up above the grating, and meets the shop window—we can see through the window which is above the grating—on Sunday morning, 5th Nov., between 3 and 4 o'clock, I was awoke by a noise on the grating, resembling the fall of a shutter—I looked up before I got out of bed, and saw two men standing on the area, and one shutter down—I got out of bed, and awoke my husband; I told him they were breaking into the shop—I went to the window and looked, and distinctly saw two men—I saw Mayhew distinctly—I have no doubt about seeing him—the other man appeared much taller, I could only see to his shoulders—Mayhew, the short man, was dressed in dark clothes, very respectable—the other man seemed to have lighter trowsers—I saw Mayhew taking the boots from the window, and giving them to the other one—the glass broke, and they ran away—my husband was up stairs at that time, and I went up immediately afterwards—I saw the two men when they were brought to the top of the court by the policemen, and I recognised the shorter prisoner, Mayhew.

Cross-examined by MR. T. SALTER. Q. Where were you when you saw the shorter prisoner? A. Standing under the kitchen window, looking up through a glass window above the grating; the prisoners' feet were not above my face—the grating is a great deal lower than the kitchen window—the window is not on one side; it is exactly under the shop window—the shop window which holds the goods, forms the ceiling of the kitchen—there is a table under the window—I was leaning on the table; my head was a little above their feet—they were not standing close to the window.

JOHN HUSSEY (policeman, G 85). I went into the court directly after the prisoners were taken—I made a search, and found these seven pairs of boots and shoes over a low wall, about two yards from the house where the prisoners were taken—you could hold the door with one hand, and put the boots over the wall with the other.

WILLIAM PURCELL . I am a I boot and shoe maker, and live at No. 46, Holywell-lane, in the parish of Shoreditch. I went to bed on Sunday morning, 5th Nov., a little after 1 o'clock; I left my shop all secure—the shutters were up, and all safe—these boots are my property—when I went to bed they were on the bottom row of my window, quite safe—I was awoke by my wife, and saw two men standing outside the window—I ran up stairs, and went into the shop—I found the shutter down, and some boots and shoes had been removed, I could not say how many at the time—I have ascertained since; it was four pairs of boots, and three pairs of shoes—these are them—they belong to me.

(The prisoners' statements before the Magistrate were read, as follows: Edney says, "I was in bed at the time." Mayhew says, "I am innocent." Prior says, "I know nothing about it; I own I was in the yard.")

(Mayhew received a good character.)

EDNEY— GUILTY.** Aged 22.— Four Years' Penal Servitude.

MAYHEW— GUILTY . Aged 25.

PRIOR— GUILTY . Aged 24.

Confined One Year.

ESSEX CASES.

Before Mr. Recorder.

Reference Number: t18541127-80

80. CHARLOTTE JONES, MARY WHITE , and MARY LEWIS , stealing a coat, value 28s.; the goods of Stephen John Groves.

JONES— PLEADED GUILTY .* Aged 30.

WHITE— PLEADED GUILTY .* Aged 45.

LEWIS— PLEADED GUILTY .* Aged 24.

Confined Three Months, One Week in each Month, Solitary.

Reference Number: t18541127-81

81. ROBERT KEARSEY , embezzling 2 sums of 6d. which he had received on account of the Eastern Counties Railway Company, his masters.

MR. BALLANTINE conducted the Prosecution.

RICHARD DUDLEY PALMER . I am station master at the Barking-road station, on the North Woolwich branch of the Eastern Counties Railway. The prisoner was also in the service of the Company—clerks are employed at the Barking station to issue the tickets and to receive them—a relieving clerk is employed during the season to relieve the different stations, so as to give each station clerk one day's holiday—the prisoner was the relieving clerk—for one day in each week it would be his duty to relieve the regular acting clerk, and perform all the duties that the clerk had to perform—he had acted in that way for about three months—I was the regular station master there—the prisoner relieved me on Thursday, 19th Oct.—I left by 9.43 train that morning—there is a case, called the ticket case, which is fitted up with tubes—those tubes have tickets inserted in them to issue to the different stations—the tickets, being placed in the tube, are taken from the bottom of the tube in rotation—they are cut after they are issued—the tickets are placed in the tubes in certain quantities, and quite perfect, in the state they are issued—previously to giving them to a passenger, it is the duty of the clerk to stamp them with a stamping machine that we have expressly for that purpose with the date of the day, month, and year.

COURT. Q. How are they taken out of the tube A. By the finger, underneath, separately, one at a time, only one can come through at a time—it is an upright tube, and there is a column of tickets piled in the tube,

and the lowest one you withdraw with your fingers, upon which the next in rotation comes down.

MR. BALLANTINE. Q. Is there also a book kept called the train book? A. Yes; there is in that book the first number of the tickets in the tube at the time—this "5547" under the head of "Woolwich," would indicate the commencing number of the tickets, and all the other numbers would follow that—on the morning of 19th Oct. I gave him this train sheet—it would be his duty to put the number of the tickets, if there had been any issued, under the column headed, "Closing numbers"—when the last train has gone up, the tickets are then pulled out, and the number taken into the book—there do not appear to have been any tickets issued that day—I fill the tubes when occasion requires—as we sell out our tickets we have a reserve case expressly for those tickets—when the tubes are low we fill them up again from the reserve—I cannot say when I had filled up the tubes last—there was sufficient for some days—on the morning of the 20th the inspector wished me to open the case in his presence—I did so, and the inspector threw out two tickets—these are them (produced)—they are stamped with the date of the 19th, and are numbered 5547 and 5548—we take the ticket, when we give it to the passenger, out of the bottom of the tube—the passenger then goes on the platform, and when he gets into the train the ticket is taken away from him by the inspector, or one of the porters, before he starts on his journey—the inspector takes charge of them and clips them—after that, they are put in numbers and sent up to the Audit office, and then we have done with them—Squires drew these two tickets from the tube when I opened it—they were the two first first-class tickets that came in rotation—if they had not been taken out, they would have been issued to passengers on the 20th, if notice was not taken of their being stamped—these two were at the bottom of the tube—they had been replaced at the bottom—tickets that have been once issued would not, under any circumstances, have any right to be put back into the tube—it is possible to put them back in at the bottom without emptying the whole tube, by lifting them up—the prisoner would pay over to me the money for the day's takings—he did not pay over to me a couple of sixpences on account of any first-class passengers.

Cross-examined by MR. PARRY. Q. You say the prisoner came on the 19th? A. Yes; by the first train out of London, which is about a quarter past 9 o'clock—I issued tickets that morning until he came; I issued tickets to three trains—when he came, these first class tickets were all ready in the tube—I had placed them there; I cannot say when, according as the tubes required filling—they might have been there for a week or a fortnight, we have not many first class passengers—I think the prisoner had been there about three months before, acting as station master—he only acts for the day—it is an arrangement made by the company, to give me a day's holiday now and then—I have been relieved once a week, until the last few months—the prisoner had been there the week before this, he had been relieving once a week for about three months—the tickets come from the printing office when we require a supply, with an invoice of the number of tickets that they send, for which we are accountable—it is an invoice of the number of tickets, and also of the numbers on the tickets in rotation—sometimes 500 tickets come at a time, sometimes 1,000, and sometimes 4,000 or 5,000—I suppose the stamping on these two tickets must have been plainer at one time than now, rubbing would obliterate it to a certain extent, it is printer's ink—these tickets are just as they come

from the printing office—a portion of this train sheet is in my handwriting, the commencing figures, I believe they are in ink (looking at it)—these figures in ink are my handwriting, and the writing as well—they represent the different stations that we book to—we call this a train book, it is a daily account of the traffic which we book for each station—this is the paper that was given to the prisoner, on the morning of 19th Oct.—all the ink writing was upon it when I gave it him—it represents the traffic for the day from the time he took possession, which was about half past 9 o'clock till the following morning, the pencil figures show the traffic—these first columns in ink were written by me, they represent the number of our tickets as they stood in the tubes—the column is headed "Commencing numbers," then under the head of "Closing numbers" the pencil figures represent the traffic, which had occurred up to the time I handed over the paper—"1" and "2" here means first and second class, we have no third class—in making out this list, I do not take out the tickets from the tube and count them; I take the number from the ticket at the bottom of the tube; I draw it partly out to enable me to see the number, and then place the number on the paper; 5547 would be the first number—that was the position of the case when the prisoner took it; I had looked at it that morning and made out this, and it was acknowledged by the prisoner as being correct before it was given to him; we both looked over it together, 5547 was acknowledged by him as correct—the tickets are collected from the passengers before they go off; they are clipped after they are taken from the passengers—you first get your ticket, and go through a door on to the platform—a man stands at that door, who ought to clip the tickets—in the ordinary course of things, the passenger would deliver up his ticket clipped to the party collecting it—the man at the door clips, and collects too—the passenger takes his ticket in the office, and as he goes on to the platform he surrenders it again, after he gets into the carriage—I believe it is not always clipped, before he goes into the carriage; I do not know whether it ought to be—sometimes passengers are to the very minute, and are obliged to jump in, and then they are in a great hurry—it is the usual way to clip them at the door—these pencil figures are the prisoner's—they are done at the close of the day—the last train up is at a quarter to 11 o'clock—about 11 o'clock would be the close of the day—trains were running at that time every half hour—there would be full twenty-four or twenty-five trains—the first train, which we call a local train, leaves Stratford at half past 7 o'clock—tickets are collected from the the trains that arrive as well as from those that leave, if persons get out—passengers coming from Woolwich, and stopping at Barking-road, would have to present their tickets before they could pass through—it is the duty of the station master, or the inspector, or the porters, to collect those tickets—the station master leaves for an hour, to go to dinner—at that time I was living at Stratford—I frequently had my tea sent to me, invariably I may say—when I am absent the inspector gives out the tickets—there is an inspector and one porter at that station at present, besides the station master—there was also a boy, but he has left—he was a porter—it was the prisoner's duty to give me the money that he took on that day—he sent me 2l. 13s. 5d. that day—it was brought into my bedroom by a little girl that I keep—that was the exact amount, according to the number of tickets on this paper as issued that day—some of these pencil memorandums are mine, those that have crosses to them, the adding up—the others are the prisoner's—this leaf is taken out of the train book—none of the closing figures are

mine—I had issued tickets that morning—I only issued one first-class ticket—this is the original train book (producing it)—this is copied from the paper that has been produced, "Ticket 5547, 1s. 6d., Woolwich," is the ticket that I issued—"5547" means the ticket in the ease—this is a copy from the closing numbers, but not the commencing numbers—this "5547" is the number I took down at the time—I left the case in charge of the prisoner—this book contains the number "5546"—that is not copied from the list—the commencing numbers are not copied, only the closing numbers, because I had issued tickets previously that morning—this sum of 3l. 0s. 2d. represents the amount taken that day, both by the prisoner and myself—I took away the amount of my takings that morning, leaving sufficient for change for the prisoner to work the day—there was sufficient cash left to issue tickets in case parties had wanted change—the amount received is ascertained from the closing numbers of Wednesday—that appears in the commencing numbers of the next morning—there is no other memorandum but this book—I took money before the prisoner came—I did not make a memorandum of those sums—it is taken from the closing numbers of Wednesday night—I did not make any pencil memorandum—it is not required—it was optional with the prisoner to do it—he might have put it in ink if he had liked—he must have made some memorandum to show his work; I did not, but I am accountable if there is any deficiency—the prisoner would be accountable if a deficiency was observed—that occasionally occurs—sometimes I have had to account for 1s. or 14d., or something like that—sometimes the tickets are not in rotation, which causes a deficiency for the time, but they follow afterwards—I cannot give you any idea of the number of tickets issued at that station in the course of the day; it depends entirely upon the time of year, and the traffic—we are very dull now—the Saturdays, Sundays, and Mondays, are, generally speaking, the busiest days—this was on a Thursday—generally speaking, Thursdays and Fridays are very dull days.

MR. BALLANTINE. Q. Supposing the tickets in some way or other, get displaced in the tubes, and do not come out in rotation, then the station clerk would be answerable upon the day that that matter was discovered? A. Yes; when the ticket was afterwards found the matter would be set to rights—according to the prisoner's representations no first class ticket appears to have been issued on that day—he does not account for any money received on account of first class passengers at the Barking-road station for Woolwich; he accounts for eight first class passengers for London, and four for Stratford, but none for Woolwich—the numbers issued enabled me to say what amount of money I had received that morning, and the number of tickets I had issued—when the prisoner came on duty, he took this paper with me, and examined right through, and found it correct—I have no regular hour allowed me for dinner, I go when I think it most convenient—after the tickets are clipped, they are not re-issued at all—they are not always clipped before they are delivered up by the passengers; sometimes they are, either by the porter or the inspector—the parties who collect them deliver them over to them—they are not clipped when they are issued, not till they are returned—sometimes they are returned on the platform, and sometimes not till after the passenger gets into the train—it is the duty of the person receiving them to hand them over to the inspector for clipping—the first class tickets from Barking to Stratford are 4d. each, from London it is 6d.

COURT. Q. The station master issues the tickets? A. Yes; it is the duty of

the porters and the inspector to take the tickets from the passengers—the station master has to assist in collecting them as well; if he collects them it is his duty to hand them to the inspector directly—sometimes the station master, after issuing the ticket goes on the platform and receives it back from the passenger—that is part of his duty—there is no fixed rule as to whose duty it is to take the ticket from the passenger, but they are all delivered up to the inspector, and he clips them—the closing number is the last number in the case, not the last issued—if the prisoner had issued 5547, it would be his duty to enter in the closing column, 5548.

JOSEPH WILLIAM SQUIRES . I am an inspector in the service of the Eastern Counties Railway Company; the prisoner was also in the Company's service. On 19th Oct. he was the acting station master at the Barking station—I was there in the afternoon of that day, in company with two porters named Battle and Armstrong; I was on the down platform—I and the porters stood at the door as the passengers came out, after they had taken their tickets in the office—for some reason I had I examined the ticket of each passenger as he came out, and made a memorandum at the time of what the numbers of the tickets were, and of the train—I saw two tickets, Nos. 5547 and 5548, by the seven minutes past 3 o'clock train—I have here a correct copy of the memorandum which I took at the time, the original got so dirty that I lost it somewhere, but I can swear this to be correct—I copied it three weeks or a month ago; I copied it from the original one that I lost, because it had got so dirty, and the figures were not plain—I am able to remember the numbers independent of that memorandum—I can swear that the numbers were 5547 and 5548—they were in the hands of two gentle-men when I examined them—I saw those gentlemen get into a first class carriage; and when they had got in the prisoner collected the tickets of them; I saw him take them—his duty was to hand them to me to cancel after the train was gone—he collected part of the second class tickets as well—he did not hand over any tickets to me to be cancelled—I saw him put the two first class tickets in his pocket; I expect that he put them in his pocket, I saw him put his hand to his pocket—next morning I found those two tickets in the tube, stamped and dated, Oct 19; they had no right whatever to be there—I was on the spot, so that the tickets might have been handed to me at once, I never left the platform.

Cross-examined. Q. Where did you stand on the platform, while the train was going off? A. About the centre—that is about fifteen yards from the office—persons come into the office and get the tickets, and then come on to the platform towards me—I never was instructed to clip the tickets before the passengers go in, I have done it sometimes—it is our duty to cancel after the collection—I have not received direct instruction to clip the tickets of the passengers before they get into the carriages—that has not been the practice at the Barking-road station—I am not aware whether it has been the practice at any other station—if there was a great number of passengers, I sometimes go round and clip their tickets before they get into the carriages, but that is optional on my part; sometimes I do and sometimes I do not, but they are always marked, and I can get them after the train has started—I have not been blamed for not doing it—I have since received instructions to mark them as they arrive on the platform—I have not been told I was wrong in not doing it, nothing of the kind—I always do it now, or the porter—it is my duty to see that they are notched, or notch them myself—Battle, one of the porters, collected tickets besides the prisoner on this occasion, and I collected some—when the tickets have been

collected they are put into a private office that I have got there—I made this copy from the original memorandum—it may be three weeks ago, it might be four weeks after 19th Oct., or more—I cannot say to a day or two—it might have been three weeks or a month—I made the original at the time the passengers went on the platform—I do not know what became of it—I put it in my pocket, and do not know what became of it—I believe I made the copy in about a week—I will swear it was not a fortnight—the original was not in my pocket all the time, because it was forwarded up to London—I took this copy up with me to London—I did not destroy the original—no one was with me when I made the copy—I made it in my own office, when I was quite alone—I cannot say whether any of the porters were behind me or walking about—I did not tear the original memorandum up—I think I missed it about a week afterwards, or rather more; I mean about a week after I made this copy—I kept the copy in my side pocket, and the original in another pocket—my motive in making the copy was to make the figures plainer—I made it on a small piece of paper out of my Excess book—I am not aware that the station master has complained of my conduct at any time—I have been fourteen years in the service, and I am not aware that any one has complained of my conduct; it has not come to my knowledge—there was a station master named Gritton there about twelve months ago, or rather better—there was no dispute between him and me that I am aware of—he used to keep ducks—they were not his ducks, they were mine; at least, I found the money to buy them—I sent one to a friend, and Gritton went and fetched it back, because he wanted it for a friend of his—nothing was said about stealing it—he bowled me up a bit for taking it, and said he wanted it himself; but he had another killed and sent it down instead of it next morning—Armstrong, the porter, who went with it, is in Court.

MR. BALLANTINE. Q. What became of the ducks at last? A. They were sold, and we divided the money, and afterwards we had a few fowls—I was not reported for it—Armstrong and Battle were with me when I took the numbers of the tickets.

EDWARD ARMSTRONG . I act as porter at the Barking-road station. On 19th Oct., I was standing with Squires to look at the tickets by the 3.7 train—I saw the numbers of the tickets in the hands of the person, and made a memorandum of them—I have got that memorandum here—I made it at the time (producing it)—the numbers were 5547 and 5548.

Cross-examined. Q. Did you collect any tickets on that day? A. Yes; some—I recollect Squires making out his copy—he did not make it from mine; he made it from the tickets at the time—I saw him do it—I did not see him afterwards make a copy of anything—he never asked me for my memorandum afterwards; I showed it to him this morning—I merely took it out of my pocket to see that it was here—he did not compare it with any paper of his—he has never done so.

EZARA BATTLE . I am one of the porters—I was with Squires when he took the numbers of the tickets, and I took them also—I have got a memorandum of them; it is not the original one, but I can remember them from the time I took the numbers; they were 5547 and 5548, those were the numbers of the first class tickets issued from Barking-road to Woolwich—I saw the prisoner collect them—I did not see what he did with them after collecting them, but I was a witness to their being in the case next morning—I sometimes collect tickets; when I do so, I hand them over to the inspector.

Cross-examined. Q. Did you lose your original memorandum? A. Yes; I gave a copy of it to Mr. Church, the superintendent—I suppose I. lost the original—I made another yesterday before I came up; I made it from my recollection—I do not know how I came to lose the original; I did not think it would be required—I do not remember Squires losing his memorandum—I believe he sent it to Mr. Church—I remember Mr. Church writing down for it, and I believe he sent it—I saw him write it at the time—I did not see him write any other.

MR. BALLANTINE. Q. You had sent up a copy, and then you lost the original? A. I lost the original after I made the copy—I do not know whether it was before or after.

COURT to R. D. PALMER. Q. You said that at Squires' request you opened the tube on 20th Oct.? A. Yes; Squires took the tickets out in my presence—no one could get to that tube—there was a key to it, but no one could get at it till I came—there is a very good lock to the door of the case—the prisoner handed over the key to me in the evening—he had the key up to that time—nobody could get to the tube without the key, with-out breaking it open—the case stands open while the trains are being booked—other persons besides the station master have issued tickets when they have had charge of the case, but not before the numbers have been taken, to know that the case was right—the case would be open more than twenty or thirty times a day; it is open five or ten minutes before every train; it is closed directly after—the tube is contained in a case, which is opened and shut by the person in charge of it.

NOT GUILTY .

Reference Number: t18541127-82

82. ROBERT KEARSEY was again indicted for embezzling the sums of 4d. and 8d.; received on account of the Eastern Counties Railway Company, his masters.

MR. BALLANTINE conducted the Prosecution.

JOSEPH WILLIAM SQUIRES . I have been for fourteen years and about a month an inspector in the service of the Eastern Counties Railway Company. It was my duty to be at the Barking-road station—on 19th Oct., the prisoner was acting station master there—it was his duty to issue tickets to persons going to Woolwich—it was not the duty of any one else to issue tickets, if he left—after the tickets have been issued to the passengers, they are collected, before the train leaves Barking, by myself and the prisoner—if I collected them, it was any duty to notch them—if any one else collected them, it was their duty to hand them to me to be cancelled—on 19th Oct., there was no one at the station but myself, two porters, and the prisoner—I was watching the prisoner at the 2.7 train—I was at the entrance to the platform—the prisoner was giving out the tickets, and taking the money—I took the tickets from the passengers' hands, noticed them, and handed them to the porters—two porters stood, one on each side of me—T have lost the original memorandum that I made; here is a copy (produced), and I can speak by memory as to the number of the tickets and what train they went by—I saw a ticket in the hands of a second class passenger—the number of it was 3175—I made a memorandum of it at the time—after handing it to the porter, it was given back to the passenger—I did not notch it at the time—I saw the prisoner collect that ticket from the passenger—I did not see what he did with it at the time—I saw it again in the hands of another passenger, coming from the ticket office, at the 3.7 train—the prisoner was then giving out tickets—I afterwards saw him collect that ticket again, but did not see what he did with it—there was another train at 47, but we had no passengers by

that—I saw the same ticket again at the 87 train—I then collected it, and cancelled it—I took a note of another ticket at the 37 train, No. 3177—the prisoner collected it; and I saw it again at the 57 train, in the hands of a passenger going from the office to Woolwich—the prisoner served it out—I collected it, and cancelled it—I have kept both those tickets till this time—they are here (produced).

Cross-examined by MR. PARRY. Q. What is the meaning of these two clips; do you clip both at once? A. Yes; that is called nipping them—all Gravesend tickets are notched, but the passengers take them on their journey—I saw the passenger get into the carriage—the prisoner called the passengers to him when the train arrived, and said, "This way, if you please," when he was collecting—all passengers were booked before he appeared on the platform—there were not so many as half a dozen passengers—I collected, and so did the two porters—I was from two to three yards from the prisoner when he took the tickets—I was by the side of the carriage while he did it—I was not collecting—I was watching him—I took the tickets from the hands of the passengers, and took the numbers of them, and the porter noted them down on a bit of paper—I noted the first class, as well, on the same piece of paper—I then handed the tickets to the passengers—the prisoner was then in the booking office, but as soon as the train arrived he came on the platform to assist me—I have relieved the booking clerk, and delivered tickets out when he has been at his meals—I did not relieve him on that day—I have also done so when he has been there, and has been busy—Armstrong, the porter, has also given out tickets, when I have been down the line, and the station master has been busy or at his dinner—I am sometimes down the line—I am inspector for about a mile—the station master has a good deal to do—it is his duty to make out the daily, weekly, and monthly returns, and to issue the tickets—I am not aware that he has any other work—he has acted as inspector, and clipped tickets for me, when I have been down the line or at my meals—the porters also clip tickets if I am not there, but very seldom—they have each of them a clipper, but that is for the Gravesend tickets—the Woolwich, the Gravesend, and the South-end and Sheerness tickets are clipped—the price of these tickets is 4d. each—I lost the memorandum about a week after I made it—I sent a copy to Mr. Church, the inspector or superintendent—I call the prisoner station master, not occasional collecting clerk—the luggage that we get there is small parcels principally—they have to be entered—copies of those entries are made out, and returns made—he puts down passengers each day, but parcels once a week—when the station clerk goes away he gives me his closing numbers, and when he comes back he gives me the next number, and I account to him—the porters do not issue tickets when I am there—there are twelve or fourteen tubes, containing tickets for different stations and different classes—I cannot say when these second class tickets came into the tube.

MR. BALLANTINE. Q. Were you at all a party to putting them into the tube in any way whatever? A. No—I did not issue any tickets or receive any money on that day—I did not meddle with the tubes or with the boxes that they are contained in; nor did anybody but the prisoner, that I will swear—I am the general inspector—I am not responsible for the money.

EDWARD ARMSTORNG . I am a porter, in the Company's service, at Barking-road station. I made, at the time, this memorandum (produced) of the tickets, and the trains by which they came—I saw the second-class ticket 3175, in the hands of a passenger by the 27 train—I saw it

again at seven minutes past 3 o'clock, and again at seven minutes past 5 o'clock—the prisoner was serving in the booking office at the time—I saw him collect the ticket all three times—I did not see it notched—I do not know who notched it—this other ticket, No. 3177, was issued at the 3.7 train, and again by the 5.7 train—the prisoner collected it the second time—I can make no mistake about it—I was told to watch, and to be sure to be careful—I used to deliver tickets sometimes when the station master was absent—I did not serve at all that day—I have delivered tickets also when the station master was on the platform—I have never seen the other porter do it—I have seen the inspector, Mr. Squires, deliver tickets—I have not delivered tickets when the prisoner has been on the platform—I swear that positively—I know he has been there once a week for the last three months—I have not delivered tickets during any of those occasions, nor has Mr. Squires, nor the other porter, that I know of—I made the memorandum by taking the ticket in my hand and writing it down at the time, and the passenger was by at the time—that was the case each time—we each have clippers but we do not carry them about with us, we keep them in the office—I did not see the tickets notched—I was then in the office—I went in when I had taken the memorandum, and saw Kearsey collect the tickets—when he collected the tickets of the 5.7 train I was standing at the carriages—Mr. Squires was on the platform, near the carriages, and the prisoner was in a carriage—it was his duty to give the tickets up to the inspector—I did not see whether he gave them or not.

EZRA BATTLE . I took a memorandum of some tickets that were issued—I lost the original, but I gave a copy to Mr. Church—I saw ticket 3175 by the 2.7 train, again by the 3.7, and again by the 5.7 train—it was issued by the prisoner—I do not know who collected it at seven minutes past 5 o'clock, but I saw the inspector clip it in his office, and put it in the drawer—I did not serve out any tickets that day, but I may have taken some excess from passengers coming down from other stations without tickets—I do not remember that I took any fares from Barking to Woolwich that day—I saw ticket 3177 at the 3.7 and 5.7 trains, and then it was clipped by the inspector, but how he got it I do not know.

Cross-examined. Q. When did you lose your memorandum? A. I could not find it the next morning—I saw the tickets in the passengers' hands, and asked them to show them to me, and took the numbers—the inspector did not afterwards ask me to look at the ticket—I only saw him clip it, and he said, "Here is this ticket," and put it in the drawer in is office—he clipped both the tickets at the same time.

RICHARD DUDLEY PALMER . I produce a leaf out of the train book—the commencing number on the 19th is ticket No. 3175—this professes to account for it—there is nothing here to show that it was issued again—he had no right to issue a ticket more than once—if the prisoner has received 1s. for one of these tickets and 8d. for the other he has not accounted to me for it.

Cross-examined. Q. And if he has not received them he has not accounted for them? A. No—this sheet is in my writing—it has been torn out of the book, and is a copy of what I gave the prisoner when I left the station—I copied the closing entries of the night previous, and the amount—the numbers in the book are from 3157 to 3186.

MR. BALLANTINE. Q. The numbers in the book refer to another period? A. Yes—the three first trains in the morning I booked myself—I cast up this sum of 2l.; 15s. 5d., not in the prisoner's presence, but afterwards—he

handed me over the money the night before, but no calculation was made at the time—I was in bed, and he came into my room—I counted it next morning, and found that it corresponded, that is, upon the supposition that these two tickets have only been issued once—if they had been issued more than once the money would not come to 2l. 15s. 5d.

GUILTY . Aged 19.— Confined Eight Months.

Before Mr. Baron Alderson.

Reference Number: t18541127-83

83. PHILIP MAIDMENT and CATHERINE MAIDMENT , stealing, at West Ham, 2 blankets, 1 gown, 1 pillow, 2 sheets, 1 bolster, 2 shifts, 3 petticoats, 1 pair of stays, 3 nightcaps, 2 pair of stockings, 6 cups, 6 saucers, and 1 lb. of feathers; the goods of Ann Johnson: and 1 jacket; the goods of Henry Johnson.

MR. W. J. PAYNE conducted the Prosecution.

ANN JOHNSON . I live in High-street, Stratford. In the beginning of Oct. the prisoners took a room in my house; I had an oak chest in the back room upstairs, and the prisoners occupied the front room—the chest was locked, but not the room—in the chest I had a gown, some petticoats, and other articles—on Thursday, 10th Nov., they left the house; the female prisoner came down and asked me if I wanted any shop things, as she was going shopping—I told her I wanted a few things, and gave her a shilling—she never returned—next morning I, went to the chest for a pair of stockings, and there was only one pair left out of three; I also missed two under petticoats, one white petticoat, a gown, and a pair of silver spectacles—the chest was broken open; the hinges were taken off—out of the prisoners' room I missed two pillow cases, some china cups, a bolster, a blanket, a pillow, two sheets, and the feathers out of the bed, which I found cut open—I had a lodger named Henry Johnson, but he was absent—my husband is not alive.

Prisoner Catherine. She never gave me a shilling, and the cups and saucers I broke; there were only three. Witness. That is all false.

JOHN ECCLES . I am assistant to Mr. Morley, a pawnbroker, of Bow. At the latter end of Oct., on separate days, the 16th, 23rd, and 31st, the female prisoner pledged this blanket for 18d., this gown for 15d., and this blanket for 1s. (produced).

ANN JOHNSON re-examined. This blanket is mine; it was on their bed—this gown and pillow are mine.

HANRY JOHNSON . I lodged with Mrs. Johnson, but am no relation of here. When the prisoners left I missed a coat, which bung on a nail behind the door of the room they occupied—it bad been hanging there some time—I could not wear it, because the weather was too cold; it was too light for me; this is it (produced)—I did not give it to the prisoners.

Prisoner Philip. Q. How long had I been wearing it? A. I never saw you wearing it till that night, when, as I was sitting with the landlady, you said, "How do I look in other people's clothes?"—I went out; when I came home you were gone—I did not make any bother about it, I thought you would not do it much harm; that was on 19th Nov.—I slept in the room you had, before you came—I do not now sleep in the same room as Mrs. Johnson—you wanted to know whether I would sell the coat, and I would not—I did not tell Mrs. Johnson, or any one else, to give it to you to wear while your jacket was being washed—I never authorized you to take it.

THOMAS NORMAN (policeman, K 64). From information I received, I went after the prisoners, and found them inmates of the City of London Union on 13th Nov.—I told the male prisoner I should apprehend him on a charge of robbing Mrs. Johnson, at Stratford—he said he had lived there, but he had not robbed her of anything—the porter brought me the clothes he had on when he went to the Union, and I found this coat—he said that a lodger named Johnson had given it to him—I took him into custody, but did not take the female prisoner, as she was in the sick ward.

Prisoner Philip. Q. Is your inspector here? A. Yes.

Prisoner Philip. When I was given in charge, the prosecutrix was asked if she gave me in charge, for stealing the coat, and she said no, because Johnson told her to lend it to me.

ANN JOHNSON re-examined. I did not say so, to my remembrance—the coat never was mentioned—I did not give it to him; I did not know that he had it on. The prisoner called.

HALLOWS (police inspector, K). I was present at the station at the time of the charge; Mrs. Johnson did not say in my presence that Johnson had given or lent the coat to you—she distinctly said you had stolen a coat belonging to Johnson—Johnson was not there.

Philip Maidment's Defence. About three weeks before I left, I came home with a dirty jacket; I washed it, and on Sunday morning went down below where the prosecutrix and Johnson was; Johnson said, "Have not you got a coat?" I said, "No, I have washed it;" he said to Mrs. Johnson, "Go and give him that old coat to put on" I wore it for a day or two, it was very greasy; I asked him what I should give him for it; he said, "The old rag is worth nothing, you can do as you like with it;" I got my wife to mend it, and I wore it for three weeks in his presence; about a fortnight after I had worn it, I went into his bedroom when he was in bed, and said, "I have got a few halfpence in my pocket; what shall I give you for it?" he said, "I am in too much pain now to talk about it;" it is only done to get his expenses; he never pays any rent; would sot he have said, "You have got my coat on," but he never said a single word; any gentle-man who looks at it will say that it is not worth 9d.

Catherine Maidment's Defence (written). I lodged with Mrs. Johnson, No. 9, Bridges-place, Stratford, for five weeks, and my husband being out of employment for a fortnight we were reduced very much, and on the Saturday and Sunday previous to us leaving the lodgings we never ate a morsel of food, nor had the means of procuring any; on Monday morning my husband went out to look for work; he was so weak for want of food he scarcely was able to walk; there had been a dress belonging to the landlady hanging in my room from the day we entered the house, and I took it to the pawnbroker's, and got 1s. 3d. on it, to get some food for my husband against he came home; I took the blanket the same week for it. 6d., and the pillow for 1s., with the intention of returning them the Saturday following, if my husband got work; she accuses me of keeping a shilling, which she says she gave me to bring her things from the shop, but I declare to my Maker she never gave me the like; I owed a fortnight's rent, and had no means to pay it, so I was obliged to go with my husband to the City of London Union, Bow-road, from whence we were taken; and hope that the sufferings of an afflicted, aged couple, that hunger and want has been the cause of our crime will be looked into. Submitting my case to your merciful consideration, I will, as in duty bound, ever pray. I am

happy to say I have never been before the bar of justice in my life, and hope it will be considered.

PHILIP MAIDMENT— GUILTY . Aged 59.

CATHERINE MAIDMENT— GUILTY . Aged 64.

Confined Five Months.

Reference Number: t18541127-84

84. MARY BAILEY STANTON , stealing, at West Ham, 1 watch, value 10l.; the goods of Rhoda Walters.

MR. W. J. PAYNE conducted the Prosecution.

RHODA WALTERS . I am a widow, and live at Hudson's New Town, West Ham. The prisoner became a lodger of mine a fortnight before Christmas, 1853—she slept in my bedroom—I had a box. with an old fashioned watch in it, with a tortoiseshell case; the hands were both broken off—I missed it on 24th Feb.—the prisoner was still living there—she left about July or Aug., I cannot tell which—she heard me speak of my loss, and never said a word about it—a piece was broken out of the edge of the watch.

Prisoner. You told the Magistrate that you lost it in March. Witness. I said in Feb.—I suspected you from the moment I missed it, but did not tell you so; I thought I should find you out without.

HENRY JOHN WAYLAND . I am a watchmaker, living at Stratford. Towards the latter end of June the prisoner came to my shop with a watch, in a tortoiseshell case, to be repaired, to have new hands and a glass—she came to fetch it away, and it was not done—she asked me if I had a silver outside case for it, and about a week afterwards I delivered it to her, in a silver case, and gave her the tortoiseshell case as well—this (produced) is the same watch in the silver case.

COURT. Q. When the watch was brought to you, in what condition were the hands? A. There were no hands, and no glass—I cannot remember whether this piece was broken out of the face then.

HEPHZIBAH BELTON . I lent the prisoner 10s., and went with her to the shop, on 30th March, to get the watch—it was delivered to her while I was there—she told me she won it at a raffle—she afterwards burnt the tortoiseshell case in my room.

Prisoner. Q. When Mrs. Allen came to you, did you give her a description of the watch? A. Yes, and I told her there was a piece broken out of the face—I described it fully before she gave information to the police.

RHODA WALTERS re-examined. This is my watch—here is the place where the face is broken—I only know it by that—these are new hands—I have had it a year and a half.

Prisoner's Defence (written). Your petitioner is a friendless orphan, depending entirely upon the labours of her own hands for subsistence, which she obtains by going out daily to iron, and has been able to keep herself respectable by so doing up to within the last two or three months. My case is simply this: I went to lodge with Mrs. Walters about a fortnight before last Christmas, and I remained with her until the last week in July, when I left her, in consequence of which she has been very spiteful to me ever since, and tried every means in her power to do me some injury, and has so far effected her purpose by getting me discharged from my work; and not content with that she has now preferred the present charge against me, of which, heaven is my witness, I am entirely innocent. The substance of the charge is this: At the beginning of Feb. last I entered what is termed a raffle, for a watch, which I was fortunate enough to win; it was out of repair at the time I became possessed of it; I took it, and got it

repaired, and I thought no more of it, until a week or two after I left Mrs. Walters, when I was taken ill, and having no means of defraying the necessary expenses of my illness, I thought I would dispose of the said watch in the same way as I became possessed of it, namely, by having it raffled for; upon hearing which, Mrs. Walters obtained a description of the watch, first, by sending, and afterwards by going herself to Mrs. Bellam, who is a friend of mine, who, not knowing her motive, described it fully to her. From that description she has described it to the Magistrate, alleging at the same time that it is here, and one which I have a slight recollection of seeing about her house, that the children had to play with, but which, to the best of my recollection, was half as large again as mine. She has also described it as having gold works, and to the value of 30s., which that alone, upon comparison, will prove it is not hers. I have no one to speak a word for me, being an entire stranger; but I humbly pray of you, my Lord, to look upon me with an eye of pity; and I hope that God, who has promised never to leave me or forsake me, will give me strength to vindicate my own cause when I stand before you.

GUILTY . Aged 27.— Confined Five Months.

Reference Number: t18541127-85

85. JAMES BROXTON stealing 1 purse, 2 florins, 2 shillings, and 1 sixpence; the property of William Chubb, from the person of Elizabeth Chubb: to which he

PLEADED GUILTY . Aged 24.— Confined One Year.

Before Russell Gurney, Esq.

Reference Number: t18541127-86

86. EDWARD ELMORE , robbery on Edward Fulcher, and stealing from his person 1 purse and 1 key, value 7d. and 17l. 13s. 6d., in money, his property.

MR. COOKE conducted the Prosecution.

EDWARD FULCHER . I am a carrier of Wakeling, in Essex—I was on my road from there to London on Thursday, 26th Oct.—I came to a place called the Cauliflower public house, near Ilford—I saw a man cross the road near the Cauliflower bridge; it was then as near 2 o'clock in the morning as possible—the prisoner then got up on the step of my cart—I said, "Halloo, mate, what do you want?"—he said, "I will b—soon let you know what we want; for what we want we will have"—I felt for a stick which I had in the cart, but could not reach it—I struck him with my fist, and knocked him out of the cart, but he saved himself from felling—he rose again, and I collared him—at that instant two more men sprang up to my horse and stopped him—one stopped by the horse's head, and while I was trying to get the prisoner down, the other man got up into the cart to him—I kept scrimmaging with them—the prisoner held me down by my coat, while the other man rifled my pockets—I had 17l. 13s. 1d. then; they took that, and then allowed me to get up—the other man took it, and then the prisoner said, "You have not got his watch;" they then felt for my watch, but I had none—the prisoner said, "Give him one for luck before you leave him," and then the other man jumped down, and the prisoner let go of my head—I rose my head up, and he struck it with his fist—as he left the cart, he struck at me with a stick, but the blow did not touch me—I saw the prisoner cross the road the same way as I had seen the men come—I had never seen the prisoner before, but am certain he is the man—I saw him on the next day at Chadwell, about a mile off", when I was talking to a policeman, and gave him into custody.

Cross-examined by MR. SLEIGH. Q. You had been speaking to the policeman

about the robbery? A. Yes; and the prisoner came across the road towards us—I cannot say whether the policeman was in uniform—I cannot describe the other two men, but one was a short, stout man—I was not in a great fright, because had there only been two, I could have mastered them—this occupied ten minutes or a quarter of an hour—it was on the high road, not a mile and a quarter from Ilford.

MR. COOKE. Q. Was it light? A. It was very light that morning—there was no lamp near—I was perfectly sober—I went with the prisoner to the station—he said to the policeman, "I am d—glad of it, for I want to get to Australia, and I want to get there cheap"—the policeman had told the prisoner what he took him for, and he said it was not likely that he had done a robbery to that amount, because he was going into the Union, and had got an order—that was about an hour after he was taken.

EDWARD GRAY (policeman, K 59). I was standing outside my house on this morning in conversation with the prosecutor, when the prisoner passed by—the prosecutor made a remark, in consequence of which I fetched him back, and the prosecutor, in his hearing, said he was the man—he said he knew nothing of it—on the way to the station, which was about three miles, he said it would be a cheap way for him to go to Australia, as he wanted to go there, and he had got an order to go into the Union, which I afterwards found in his pocket.

Cross-examined. Q. What else did you find on him? A. A knife, a six-pence, and 2d.—he lives with his father and mother, about a quarter of a mile from where I took him, but is very frequently away from home.

(The prisoner's statement before the Magistrate was here read as follows:—"Last Tuesday night I was at Barking; I came home about half-past 10 o'clock that night, and never went out till Thursday morning, at 9 o'clock.")

(The prisoner received a good character.)

NOT GUILTY .

Reference Number: t18541127-87

87. ANN SMITH and JAMES NEIL , stealing one handkerchief, a purse, and 1 sovereign; the property of Benjamin Robert Brown, from his person. The 2nd COUNT charged Neil with receiving them, well knowing them to have been stolen.

MR. LILLEY conducted the Prosecution.

BENJAMIN ROBERT BROWN . I am a miller, and reside at Stratford, in Essex. On the morning of the 7th Nov., between 12 and 1 o'clock, I was in Stratford—it was between 12 and 1 o'clock in the night—I was in a public house; I got some porter for myself; the prisoners were in the room, and asked me to drink with them—I did so, and asked them to drink out of my mug—I was as sober, after drinking, as I am now—that I am sure of—Smith followed me out of the public house—she made an arrangement with me—I did not consent to it—I went down Stratford Bridge-road; that was in my way home—she went with me—I do not know what you mean by "Did I go with her?" we both walked down there together—I did nothing besides walking; I lost my money; she took it out of my pocket—I do not know what you mean by, "Did I have connection with her;" no other except talking, I stood talking with her for some time—I am not a married man—she put her hand in my right hand pocket and took out my purse, containing a sovereign—I said, "You have robbed me of my money, give it to me;" she said, "You are a b—liar"—I lost a handkerchief besides—two or three minutes after that, Neil came up—when I found I had lost my money, I laid hold of Smith—Neil came up just after, and Smith gave him my purse and money—I saw my puree hang down—Neil then went

off, and came back in about two minutes after—when he returned I said, "You have got my money, Smith gave it to you"—he made no answer—I detained them both until the inspector came up, and then I gave them in charge—I never saw them before, except by drinking with them—my handkerchief was safe, in my jacket pocket, when I left the public house—it was safe when I was going down Stratford High-street—the purse was not found—that is my handkerchief (produced)—the purse was a wash, leather one, with two steel rings.

Cross-examined by MR. M'INTYRE. Q. You say you had been drinking very little that night? A. Very little indeed; I did not drink above a pint and a half—I did not drink that while in the public house with the prisoners—I did not walk with the woman; I was going off home, and she followed me—I am positive I was perfectly sober; as sober as I am now—the only criminal intercourse between us was in talking—I am quite positive of that—I recollect making a statement before the Magistrate about it; they asked me the same question, I said, I did not know what it meant; I do not know now—I did not say my handkerchief was hanging out of my pocket—I was perfectly sober—Smith took my purse and handed it to Niel.

MR. LILLEY. Q. How lately before Smith came up in the Stratford Bridge-road, did you feel your purse to be safe? A. I put my hand in my pocket, when turning the corner of the Bridge-road—it was a moonlight night.

HENRY JAMES (police constable, K 49). At 1 o'clock in the morning, I was at Stratford—from information I received, I went to the corner of Stratford Bridge-road—I found the prisoners, and the prosecutor, and inspector Ellis—the prosecutor told me he had been robbed by the female prisoner of his handkerchief and purse containing a sovereign, which she had given to Neil—I did not search Neil at that time; when I got to the station, I found three cotton handkerchiefs upon him—this (produced) was immediately identified by the last witness as his property—Smith was searched, and nothing was found upon her.

WILLIAM CARR . I am a dyer, and I live at the Bridge-road, Stratford. On the night of 6th Nov., when in bed, I was disturbed by hearing somebody talking—I went to the window and looked through it, and saw some persons standing up—they were about twenty or fifty yards off from the wall.

Cross-examined. Q. Mr. Carr, how near were they to your house, when you heard them talking? A. Near the wall—as far as I could observe, the man appeared to have been drinking very freely; by his staggering about, and stooping forward, I expected to see him fall every minute—he was supported by the female against the wall—he appeared to have been drinking, and to require support—I should think they were before my house for three quarters of an hour; from shortly after 12 o'clock, until about a quarter to 1 o'clock—I do not know the prisoners, or the prosecutor in this case; they are all strangers to me—I was frequently disturbed, and I asked them to go further away—I heard some exclamation from the man I saw drunk, that he had been robbed.

COURT. Q. It was the same man that complained of being robbed, whom you saw drunk? A. Yes; the same man—I could not say he was drunk, but he appeared so.

MR. LILLEY. Q. Did you know the man? A. No; nor any of them—

I heard the man say he had been robbed of his puree and money, and it was given to him—I am not able to speak positively, by his appearance, that he was drunk; I thought he was.

JAMES HARRIS (police sergeant, K 21). I was on duty in the West Ham police station, on Tuesday morning—the prisoners were locked up in adjoining cells—about 6 o'clock, I heard the female prisoner call Jim—Neil answered, "Yes," and came to the wicket door—she said, "If it was not for that handkerchief they would have nothing against you"—Neil said, "I will make that all right;" she said, "How? he replied, "When he was running after you, it dropped out of his pocket, and I picked it up"—that is all.

COURT. Q. Did he say, after he said, "I will make it all right," that, as he was running it fell out of his pocket, or that he would say so? A. His exact words were, "I will make that all right;" Smith said, "How?" he said, "While he was running after you, it fell out of his pocket, and I picked it up."

MR. LILLEY. Q. Was the person intended by she or him mentioned? A. No—the prosecutor had been drinking a little; but he was perfectly conscious of what he was about.

(The prosecutor's depositions being ready stated that he had criminal intercourse with Smith.)

ANN SMITH— GUILTY .*

JAMES NEII— GUILTY .†

Confined Twelve Months.

Before Mr. Baron Martin.

Reference Number: t18541127-88

88. ANN SMITH and ANN WATKINS , stealing 2 blankets, 1 sheet, and 1 pair of snuffers, value 5s.; the goods of Robert Perry.

LYDIA PERRY . I am the wife of Robert Perry; we live at Nursery-terrace, West Ham, in Essex. On let Nov. I let a bed room to the prisoner, Ann Smith—she told me she was a married woman—the other prisoner, Watkins, came there the next day, and they lived together in that room for a week—in consequence of something I heard, I went to the room; on 8th Nov.—I missed two blankets and a sheet—I told Smith I had heard something, and that these things were gone—she said she knew they were gone, but she would fetch them back again—I gave the prisoners in charge—these are the articles (produced)

WILLIAM SPEARING (policeman, K 82). The last witness called me in that morning, and I took the two prisoners into custody—I asked Smith what had become of the blankets and sheet—she said she had pawned them, and begged to be forgiven—I asked her for the duplicates—she gave them to me.

EDWARD ASHLEY . I am assistant to Mr. Fletcher, a pawnbroker, at West Ham. I produce these articles—the blankets and snuffers were pawned by Smith on 2nd Nov., and the sheet by Watkins on 4th Nov.

SMITH— GUILTY . Aged 18.

WATKINS— GUILTY . Aged 16.

Confined One Month.

KENT CASES.

Before Russell Gurney, Esq.

Reference Number: t18541127-89

89. HANNAH LEWELLYN , was indicted for stealing 1 neck chain, 2 pieces of lace, and other goods, value 6l. 10s.; the property of Samuel Hood Stovin Inglefield, her master.

CHARLES INGLEFIELD . I am the wife of Captain Inglefield—the prisoner was formerly in my service—she quitted in June, in the present year—the had been in my service from the previous November—I gave her notice to quit, for reasons which have nothing to do with the present inquiry—while in my service I missed a gold watch guard—I had hid it nearly nine years—I missed it about two months before she left—I spoke to her about it; she helped me to look for it, but it was never found—I also missed some Grecian lace—I had had that about eight years—I can hardly remember whether I missed that before she left; I do not think I did—I do not remember ever speaking to her about it—during the time the prisoner was in, my service I had frequently seen it safe—that is my gold chain (produced)—that is my lace (produced) is a peculiar sort: it came from the Ionian islands.

Prisoner. I did not take the lace, and I did not take the chain.

ROBERT GIFFARD . I am superintendent of police for the borough of Devonport—in consequence of information I received, I went to the house where the prisoner was in service, on Saturday, the 25th of last month, at Tarpoint—I said, "My business is very unpleasant; I have come to make inquiries about a gold chain, lost by Captain Inglefield, some time back. It will be more satisfactory if you will allow me to look through your boxes,"—she said, "Yes; but about that chain, I had only one chain, that was a long one, that was given to Carr, Captain Inglefield's servant, to clean"—I said, "What chain was it you wore last Sunday, in this house?"—Miss Jeffreys, one of the young ladies connected with the establishment, took up the words, and said, "That was a silver chain",—the prisoner replied, "Yes"—I went up stairs, accompanied by the prisoner, to her bed room—she was a little in advance, and picked up a towel, and threw it on a chair by the side of the bed—I then asked her for her boxes, and she pointed them out—I searched the two boxes: in one I found the Grecian lace, the pattern of which I had seen before at Captain Inglefield's—I said, "This is Captain, Inglefield's lace"—she said, "Mrs. Inglefield gave it to me"—I said, "Very; well," and took possession of it—I then pointed to the chair, and asked if there was anything else; at this time there was a gown placed over the towel—I then took up the gown; at the same time I remarked, "I think there is something under the towel"—I took up this watch and chain (produced), and said, "This is Mr. Inglefield's chain,—she said, "Oh no, it is not; that watch and chain were given to me by a young man with whom I kept company, and he is now dead"—I said, "I am positive this is Mr. Inglefield's"—I produced a drawing, and compared them in her presence—she still denied that it was Mr. Inglefield's chain—I then went down stairs with her into the parlour—I saw the same lady, Miss Jeffreys—she made some remark with reference to the chain—she said, "I think you have found everything"—I said to the prisoner, "You told me the chain up stairs was silver"—she said, "No, I did not say it was silver"—I went with her to the house of the prosecutor in Devonport; when close: to it she said, voluntarily,

"I will tell you the truth; the chain belongs to Mr. Inglefield. About eight or nine months ago the children were playing with it, and it must hare been thrown into my box. I was not aware of it until I searched them at Saltash"(that is a place at Devonport, where she had taken lodgings)—"When I found the chain I was afraid to bring it back, because I thought my mistress would think I stole it"—when the prisoner came to the railway station, for the purpose of bringing her here, I saw that one of the two boxes was not the box I had searched, and that she pointed out as belonging to her—I said, "I hare not seen this box before, is it yours?"—she said, "Yes"—I said, "You had better open it"—I took the key, and opened the box in her presence, and found two pieces of lace, a habit shirt, a necklace, four handkerchiefs, and a quantity of things.

COURT to MR. INGLEFIRLD. Q. Are you able to speak to any of these things? A. The lace was not made up when in my possession; it was in two pieces—it is exactly similar to the lace I lost—the silk is a breadth from a silk dress that I missed—I missed it while the prisoner was with me—this necklace belonged to one of my children—this handkerchief has had the border cut off—there would be a mark in the border—this is one of my husband's handkerchiefs; I know the pattern, I bought it for him myself—this is also a part of my baby linen—there was a mark in the corner, but it has been picked out—this handkerchief I cannot say anything about (looking at the other articles produced)—this is mine—there are my initials, and No. 6, which has been picked out, but you can trace it.

Prisoner. I can only say the necklace is not hers; I bought it of a Jew in London, before I saw her, and it belonged to my sister's little girl.

MR. INGLEFIELD re-examined. I missed the necklace during the time she was with me; it is a necklace resembling the one I missed, that is all I can say.

Prisoner. The pocket handkerchief Captain Inglefield had cut at Woolwich; and you told me I might have it, if I liked to darn the holes. Witness. The handkerchief I gave her was cut by conjurors, and cut in two; that is not among the handkerchiefs I have been speaking to now; that handkerchief was cut in the center, but the border was not cut off.

Prisoner. Giffard says, I said it was a silver chain; I did not say so; Miss Jeffreys said it was silver, and I made Miss Jeffreys no answer.

Prisoner's Defence (written). "I lived with Mrs. Inglefield, as upper nurse; the children whom I had care of were in the habit of having the chain mentioned, from their mamma, to play with in the nursery, and they must; have thrown it into my box; I declare I did not take it; but I admit not returning it when I found it in my box, fearing my mistress would not give me a character, and I did not venture it, because I thought she would think I stole it; my mistress had three years' character with me, and I have never been dishonourably impeached before; I never neglected my duty while in service; at the time of our removing from Woolwich to Devonport, the things got intermixed in the boxes, mine in mistress's, and mistress's in mine; a few of the things remained in my box, and I did not return them; it suffices me to say, I really regret it, and I hope mercy will be shown to me; I have been depending upon my industry for the last ten years."

JURY to MRS. INGLEFIELD. Q. Is there any truth in the prisoner's statement about the prisoner's things having got intermixed? A. There was not room in my box, and I asked her to carry a bonnet, and a few other things to Plymouth—she returned the things, and said, "I have given you all"—I cannot enumerate the things, beside the bonnet; I am certain this habit

shirt was never made up in my possession; I do not remember asking her to put that into her box—I had three years' character with her—she had been in a situation in Cornwall about ten days when this occurred.

GUILTY .

Giffard stated, that when me prisoner's box was searched, three or four articles were found, the property of the person she had been lodging with, after she left Mrs. Inglefield.) Confined Twelve Months

Reference Number: t18541127-90

90. CORNELIUS EGAN , stealing a metal scale, and 20 yards of rope; the goods of the Woolwich Steam Packet Company.

THOMAS LAING . I am superintendent of the shipwright department of the Woolwich Steam Packet Company; I have care of the stores—I missed from the workshop a pair of scales; one copper, and one metal, on 4th Oct.—I had seen them safe on the 3rd—I also missed a quantity of rope—that was from the steam boat under repair—I missed the rope on 30th Oct.—this is the scale (produced)—there was only the bottom taken away; the frame was left—the copper one I have not since seen—it has been broken up—I can speak to it positively—I have had it eight or nine years—there is a peculiar mark—when put together, the bits exactly fit the frame—this rope (produced) is similar to that I missed—I can swear to this piece being in my hand on 28th Oct.

WILLIAM GOODRISH . I am a marine store dealer, living at Woolwich. I know the prisoner, I bought this pewter scale of him on 5th Oct.; it was broken to pieces—I also bought some rope of him on 3rd Nov.—he told me, when he brought the plate, he was a sailor on board the Mary brig, lying at Busby's-hole, from Sunderland; the rope, he said, he got by dredging, out of the river.

Prisoner. That was not the rope I sold him. Witness. This is one piece (produced)—I noticed this piece of rope having been cut off; I turned round to him and said, "If there is any thing wrong, depend upon it I shall not screen you," knowing, at the time, there was this case against him—that piece I can swear to, it did not go out of my possession.

JURY. Q. You did not buy the rope? A. Yes; after I had purchased the metal plate, then I purchased the rope.

COURT. Q. Did you give information to anybody, that you had purchased the rope? A. No, I did not—I purchased the rope without giving information; it was so small I did not think there was anything wrong about that; and it came in along with other stuff off the shore, bones, iron, ect.

JOHN NEWELL . In consequence of information I received, I applied to the last witness, and this scale was given up to me then—that was on 5th Oct.—I afterwards received this rope from him—I went there and found it—I afterwards took the prisoner into custody—I found him at a lodging in Meeting-house-lane—I told him to consider himself in my custody, for stealing rope belonging to the Steam Boat Company, that he had sold to a marine store dealer in High-street—he said he had not sold any rope, and had not had any; but I took him to the shop, and he was immediately identified as the person who sold it—then I told him he was further charged with stealing a metal scale from the workshop of the same Company, which he sold about a month previously; he said he never sold any, and never had any—I told him I must take him to the station, and I did so.

GUILTY .

(Newell, stated that the prisoner had been ten times in custody, and had absconded from Reigate Reformatory School)— Confined Twelve Months.

Reference Number: t18541127-91

91. MARTIN MAXWELL (a soldier), stealing 1 medal, value 8s.; the goods of Alfred Oliver.

ALFRED OLIVER . I am in the Royal Artillery, at Woolwich. I had a medal, which was given to me by the Royal Humane Society—I saw it safe on the night of 22nd Oct.—it was attached to the same coat I have on now—I did not miss it until it was brought to me by the police-constable—I had not been wearing that coat—I had no occasion to wear it until the policeman brought the medal, on 25th Oct.—this is it (produced)—between Sunday, the 22nd, and 25th Oct., when the medal was brought to me, my coat was on a shelf in the barrack room, kept for that purpose—the prisoner belongs to the same battalion—he was frequently in the room where the Coat was—duty called him there.

MOSEB BARNETT . I am a general dealer, living in Monkford-street. On Wednesday, 25th Oct., I was in the shop of Mr. Wightman, Wellington-street, trying to sell him some clothes—the prisoner came in—he put his foot on mine, and gave me a wink—I went out, and waited a minute or two—then the prisoner came out, and said, "I have got something to sell"—I said, "Let me look at it"—we went towards Wellington-street, when, next door to a silversmith's shop, he took the medal produced out of the sleeve of his great coat—I thought it must be wrong, and asked him how much he wanted for it—he said, 10s.—to find out how he got it, I said, "I will give you 2s."—I afterwards offered 4s.—he went into the silversmith's shop, and asked what it was worth—the man said, 7s. 6d.—I said to the prisoner, "I will give you 5s."—he said, no, he would take 6s.—I would give no more, and he agreed to take 5s.—I asked him to give me change for a half sovereign—he could not—he went into a shop to get change—I spoke to the man in my own language, and said I did not want change—I then asked him for change—he refused to give it—I said to the prisoner, "Wait a bit; I will get change"—I went to the police station, and brought a policeman with me—when the prisoner saw the policeman with me he ran away—I did not see him again till he was in the station house, the same evening—the policeman pursued him, but did not catch him—I was sure at the station that he was the person.

Prisoner. Q. Did you see me run away? A. Yes; I swear I did—you did not speak to me in the shop—I told you to step outside if you wanted to speak to me—I never saw you before that day—I cannot tell what road I went when I left Mr. Wightman's—I waited for you, and followed you down Wellington-street, towards Mr. Hart's shop—I did not see the medal when in the Jew's shop; I did not tell the Magistrate I did—I did not see it until you took it out next door to Mr. Hart's shop, and showed it to me—I did not say to the sergeant of police that I was not sure of the man—I said, "This is the man, only he had a great coat on"—I did not say I could not swear to him unless he had a great coat on—I did say, "This is the man, only it will be safer to bring Mr. Wightman, to know if I am right or wrong"—I did not say I would not swear—I said it would be better to have a great coat on—I did not say I would not say if this was the man at all, unless Mr. Wightman said it was the man.

COURT. Q. Did you say you could not be sure? A. If I had not been sure I would not have said, "Yes."

Prisoner. Q. Did you not leave Woolwich about ten years ago? A. I left Woolwich twelve years ago, because I could not do any business, and took a shop in Little Litchfield-street, West-end—I was not charged with receiving plate stolen from a gentleman at Plumstead-common—I do not

know any one called Mark Isaacs; yes, I know a Jew of that name—I did not tell Mark Isaacs I had given a soldier in charge for offering a medal for sale, but I could not be sure whether he was the right one or not—I did not tell the police sergeant that I would not appear against you—I did not know the medal was stolen—I thought it was stolen, because you took it out of your sleeve in this way.

SAMUEL WIGHTMAN . I am a shopkeeper, at Woolwich. The last witness came into my shop in Oct. last—he endeavoured to deal with me about some things—while he was there Corporal Maxwell came in-—I am sure he came in while Barnett was there.

Prisoner. Q. This man is my shoemaker; he has worked for me a long time; I went in to ask about a pair of boots; did you see me speak to this man? A. You winked at him, and stamped upon his foot, bat I did not see you do anything.

JURY. Q. What did he come into your shop for? A. About a pair of boots—he asked the price, and said they did not suit him.

JAMES CLARIDGE (policeman, R 151). On 25th Oct. the witness Barnett came to the station at Woolwich—I went with him along Brewer-street—he then went towards Wellington-street—I saw a military man standing at the corner of Wellington-street—Barnett pointed him out to me—the military man then disappeared round the corner of Wellington-street, going towards the barracks—when he turned the corner I lost sight of him—I pursued him for two hours, and found him in the barracks—I did not see his face—I took him into custody two hours afterwards—I told him he was charged with stealing a medal—he said he knew nothing about a medal—after a short time he said he knew of a medal that bombardier Oliver had—I said that was the one he was charged with stealing—he said he had no knowledge of it—I took him to the station—Barnett was asked whether he was the man in the presence of the prisoner—Barnett said he should know better if he had a great coat on—he said Mr. Wightman knew him personally before, and he could identify him as being the man—Wightman was fetched, and he identified him.

Prisoner. Q. Did you see me in company with Moses Barnett? A. No—I saw a military man—I did not know who he was—Barnett did not in my hearing tell the police sergeant he would not appear and give evidence—the Magistrate said he would commit Barnett if he did not answer the questions properly—he did not say he would commit him for trial.

NOT GUILTY .

Before Mr. Common Serjeant.

Reference Number: t18541127-92

92. WILLIAM BROOKER and FRANCES READING , stealing 1 clock, 1 bed, 1 chest of drawers, 200,000 needles, 3 watches and chains, 2 watch hooks, 1 pair of scales, 16 spoons, 1 pair of earrings, and a necklace; the property of George Vipont.

MR. MEW conducted the Prosecution.

GEORGE VIPONT . I live at Roland Castle, Hampshire. At the end of July last, I came to lodge at the house of the female prisoner, Tulse-place, Tanner's-hill, Deptford—I had known the prisoner, her husband, and the family, for nearly thirty years, and at the time I took lodgings, she and her husband were living in the house—the male prisoner lodged there also—no other person was lodging there—I took my goods, a large quantity; a bed, bedstead, a chest of drawers, and a variety of other articles—on 14th Aug. I had occasion to go into Hampshire, and left my lodging for that purpose—I

left the most valuable part of my property looked of under a patent lock, in the cheat of drawers, and took the key with me—there was a German clock there, some paintings and frames, a bed and bedstead, a swing glass, a chimney glass, and between 200,000 and 300,000 mixed needles, of the value of 50l. or 60l.—I left a cash box there, also, and in it two watch hooks, a pair of earrings, a neck chain, and some other jewels—also, some spoons and some silver plate in the chest of drawers; some gravy spoons, table spoons, dessert spoons, tea spoons, two silver slices, and two ladles—a gold watch and guard were left in the hands of the female prisoner—the male prisoner was to have had the watch—he was going to sea, with the female prisoner's husband, and expected to have two months' advance money, about 16l.—he was to pay 7l. to the female prisoner for the watch, and the 7l. was to be handed over, during my absence, to Mrs. Cooke, of Deptford-bridge, on my account—it was left in trust, with the rest of my property, with the female prisoner and her husband—besides that watch, there was another gold watch, and a quantity of furniture—they were left in charge of the female prisoner and her husband—the male prisoner was present at the time they were left in charge—I gave no authority to the prisoners to remove any of the goods-—I had no idea they were going to leave the premises—I left instructions that I should come back in two months, and take away what I required—I returned, and I found the house occupied by other people, and the prisoners and all my property gone—I made enquiries, and found that my goods had been taken to the station at Vauxhall—I found some of them in Suffolk-place, Bateman's-row, Shoreditch—when I went there, I found the two prisoners sitting at dinner, in a front room up stairs—nothing was said by either prisoner as to whom the room belonged—the male prisoner said, "All right!" that he had nothing belonging to me—I said to the officer, "The shirt he has on his back belongs to me"—he took it off, and there was my name in full upon it—this is it—there were two shirts, also, of mine, hanging over a line to dry—there was a box in the room—the officer inquired of the male prisoner if it belonged to him—it was open—a quantity of needles and other things were found in it—they are here, I believe—these spoons (produced) are my property—they were in the drawers—he gave no account of the needles—he said the female prisoner lent him the shirt to put on—there was a shirt and front of mine over the line—before that, I went to a pawnbroker at Deptford, Mr. Sharpe—he gave me a list of the things I had lost—I found these two watch hooks, a pair of earrings, some gravy spoons, table spoons, dessert spoons, and counter scales—I went to other pawnbrokers—I went to Mr. Harris—I found there a watch, and another at Mr. Saga's—they carry on business at Deptford—I also found a bed of mine at Mr. Cotton's, in Shoreditch—these all are the goods I left in charge of the female prisoner and her husband.

Cross-examined by MR. O'BRIEN. Q. You left them in her charge? A. In her's and her husband's—I gave the key of the cash box to the female prisoner—her husband was there then—I cannot say the date when I gave it—I gave it to her at three different times—she never refused to give me the key of the cash box—she never told me she had pawned some of the things—Rebecca Heath was present when I asked her for the key—she said the things were put away—I did not call her a good for nothing woman—I might have said something to her; I do not know what—I have known her about two years—when I first knew her I was in Morden College—she was in the habit of coming there to do needlework for me—she has worn

trinkets of mine—about Christmas last she wore the things I put into the box—I gave her the box to take care of for me, because I thought she would take better care of it—she wore the gold watch and chain—her husband has never been at sea once since I knew her—he saw her with the gold watch and chain—I have no recollection what else I gave her to wear—I gave her the things she asked for—I gave her what happened to be in the box—I took certain things out of it—there was a gold watch in the box, and a gold chain, a pair of earrings, and a pearl necklace—I do not recollect anything else—I did not know that she had pawned some things before I left the others in her charge—she never told me—when I asked her for the key I did not get it—I asked for the articles—she said that I could not have them; they were put away—I thought she meant put away in another place—I did not get the key—that was a day or two before I left—I frequently went to her house before I lodged there—I went in reference to needlework, to see whether what I had left was done—I swear I went merely for the purpose of seeing whether the work was done—she took the cash box there—I left it at Christmas—I left all the boxes—she worked for other gentlemen at Morden College—they may have been there without my seeing them—I was not there always to see who came—she used to make sheets, and shirts, and pillow cases for me—I may have had other motives for going there besides to inspect the work—I never lent a gold watch, or other paraphernalia, to any other ladies—the first time I lent it, it was returned in the regular way—she has it after that, to go to her sister's christening—I believe it was at Whitsuntide—she and her husband have borrowed a great deal of money of me—I have lent her money when her husband was not present—I have asked her husband to pay me the money I lent her—her husband has got an account—they have got the book—it was locked up in my drawers—they broke them open and took it away—it is not all entered down—I asked for the book three or four times to enter it down—I lent her money from the first,' almost, of knowing her—I have been to her lodgings two or three times a week—she came to me about once a month—I did not leave her the watch to dispose of—I left it in her care to receive money upon it, which she was to hand over to Mrs. Cooke—there was no agreement in writing—the agreement was, that the male prisoner was to pay the money and have the watch—there was another watch left in her charge, which she was in the habit of wearing, and this chain (round the witness's neck)—I got it back when she went to the christening at Whitsuntide—this watch (the witness's own) was never in that box—they have no connection—she asked me to let her have it to go the christening—I never lent any trinket to her husband—I never lent that watch and chain to any one else—when I went away I left the key of the cash box—I never had it given up—I had the key of the drawers—I did not see the box locked up—I saw it put under the patent lock—I did not see what was in it—I did not examine it—for aught I know, there might have been nothing in it—I have no reason to suspect by—the needles were a portion of my old stock—on my return I should have sent them to Sweden, if I had found them.

MR. MEW. Q. Did you lend her the chest of drawers? A. Never—I never lent the paintings and the frames, the feather bed, the bedstead, or any articles mentioned in the indictment.

REBECCA HEALTH . I am unmarried, and live at No. 3, John-street, Parker's-row. In June last I was living with the female prisoner and her husband, my uncle and aunt—the male prisoner lodged there at that time—I remember Mr. Vipont coming to lodge—he brought a great deal of

household furniture—I recollect Mr. Vipont leaving on 14th Aug.—I remember my uncle and the male prisoner going to sea; it was on 2nd Aug., about a week after Mr. Vipont left—I remember Brooker coming back again—shortly after he returned I saw him in Mr. Vipont's room—he used to sleep there—Mrs. Reading was there also—I saw Brooker pick the lock of the chest of drawers with a piece of steel—my aunt was in the room—they took some things from the drawers—I was asked to help them, and I did so—I saw some papers of needles—in Sept. we left the house, and went to Southampton—the things taken from Mr. Vipont's drawers were packed in a box, and taken to Southampton also—some of Mr. Vipont's goods were in another box—they were addressed, "Mr. Vipont, from London to Southampton"—that was done by the authority of the male prisoner—I wrote the direction—both the prisoners were present—the male prisoner told me to write it—I went to Southampton myself—while there I was told to write a letter to London, to Mrs. Austin—both the prisoners told me—they told me to say that if Mr. Vipont came to London Mrs. Austin was not to say where we were gone, nor uncle either—I did not say anything about anybody else—oh yes, I did, that Mrs. Austin was not to say the male prisoner had come home from sea—the goods were sold when we got down to Southampton—both the prisoners gave instructions for selling them—the male prisoner attended the sale—a great many of the goods were sold—William Brooker received the money—I saw it in his possession.

MR. O'BRIEN to GEORGE VIPONT. Q. Did you ever say, in the hearing of this young woman, that you would give the female prisoner all your property, at your death? A. No; I swear that deliberately, in the presence of this young woman—on a former occasion there were a few things I left with her—her husband said to me, "What is to be done with these things in case of your death?"—I said, "Keep what you have got; whatever is in your possession you may keep."

COURT. Q. Was that former occasion before you came up with these things, or not? A. Yes, before that; it was the former things.

REBECCA HEALTH Cross-examined. Q. How long have you known Mr. Vipont? A. About fifteen months—I have been living with my uncle and aunt about twelve years—my uncle was a smith before he went to sea—Mr. Vipont used to come continually to my aunt's—he used to come when uncle was away; he used to come of an afternoon to tea—uncle was at home then—9 o'clock was the latest he remained—he used to come when he was living at Morden College—I have seen my aunt wear a gold watch and chain; Mr. Vipont lent it her to wear last Christmas—I have seen the cash box; Mr. Vipont used to have the key of that—I have seen my aunt with the key—I have heard her refuse to give the key to him; that was about a week before he went away—she did not say she had pawned the things; she said she had put them away—he said she was a good for nothing woman for doing so, for she could always have money when she wanted it—she did not give him the key at that time—I was there when he went away—he left the things in my aunt's care—he knew at the time that her husband was going to sea—my uncle went to sea about a week after that—I have seen Mr. Vipont give my aunt money, not frequently—when she asked him he let her have it—I have seen him give her three sovereigns—my uncle was not there then—I never saw him give my uncle any money—he came to live altogether in June—before that he was in the habit of coming—I know myself some of these articles had been pledged

before Mr. Vipont left, the Watch hook and the necklace—I has seen him take the necklace after he had lent it to her to wear—it used to be kept in the cash box—some time before he left, he said all his property should come to Mrs. Heading when he died—he said that several times while he was there, in my presence, and to her—that was before he brought all his property—he said so about a week before he left, in Aug.—my uncle was not there then—Mr. Vipont was in the parlour—there was no one else there but my aunt and myself.

Prisoner Brooker. Q. You say I asked you to write the letter to Mrs. Austin? A. Yes, you and she female prisoner together—you were present at the time I wrote it—I say that upon my oath, you told me to write the letter, and told me the words to put in it.

MR. MEW. Q. Just tell us what Mr. Vipont said about his property? A. He said, "Mrs. Heading, at my death, all is yours"—when he went away he left his things in his room, and told Mrs. Reading to take care of them—I do not know whether he was aware at the time that she was going to leave the premises.

COURT. Q. You say when he asked for the key of the cash box, and she refused it, and said some of the goods were put away, he called her a wicked woman? A. Yes, he was angry; he appeared a little excited when he said that—he did not say it in fun, or joking; he spoke cross.

EDWARD WIGLEY (policeman, H 141). From information I received, I accompanied the prosecutor to No. 2, Suffolk-place, Bateman's-row, and found the two prisoners lodging there in a front room up stairs—they were at dinner—I took them into custody, and charged them with robbing Mr. Vipont to the extent of 300l.—the female prisoner said, "That man knows nothing about it"—I asked her whether she had any pawnbroker's tickets about her; she gave me five out of her pocket, and said that was all she had—none of them relate to the property—I then searched the box; in that I found thirty duplicates—I asked to whom the box belonged; the female prisoner said it was her box—some of the thirty duplicates relate to the property mentioned in the indictment—I told the male prisoner that the shirt he had on belonged to the prosecutor—I took it off, and he immediately identified it—I searched the box the male prisoner said was his; in that I found a quantity of needles—some of them are here—they are in packets (produced), like needles for sale—the male prisoner said it was his sea stock—stock wanted for sea service, I suppose; so I understood him—he said he knew nothing about the matter—the shirt on his back, he said, the female prisoner had lent him, while she washed one for him—no further conversation took place—the female prisoner accounted for the possession of the property, by saying Mr. Vipont gave it to her.

JAMES SHARP . I am an assistant to Mr. Sharp, pawnbroker, Broadway, Deptford—I produce some watch hooks pawned on 11th July last—I have a pair of earrings pawned on 8th Aug. for 11s.—on 2nd Sept., a pair of counter scales were pawned—I also produce some gravy spoons pawned on 19th Aug.; they were not taken in by me; but in my presence.

EDWARD RYE . I am in the service of Mr. Sharpe—I produce a gold watch pawned on 6th Sept. by the male prisoner.

MR. O'BRIEN to MR. GEORGE VIPONT. Q. Is that the gold watch you left with the female prisoner for sale? A. That is the same watch; it is not the same chain.

Brooker. They are mine, I am positive—I gave an I O U for them.

GEORGE HANDFORD . I am in the service of Mr. Hind, of High-street,

Deptford—I produce a watch pawned on 11th Aug.—I do not know by whom—it was by a man.

JOHN GOOD . I am in the service of Mr. Thomas Cotton, of No. 90, Shoreditch, a pawnbroker. On 10th Oct., a bed and two pillows were pawned in the name of Ann Read, by the female prisoner.

GEORGE VIPONT re-examined. This is my watch—this chain was on this watch, and this chain on that watch, when I left them—that is the watch Brooker was to have had upon paying the money—this chain, that necklace, and these earrings are mine—this plate is mine; it has my wife's family crest upon it—this bed (produced) I can swear to; there is a patch upon it—I took the person with me who put the patch on, and he identified it, as well as myself—these are my scales—part of the property is not produced—these hooks (produced) are mine.

MR. O'BRINE. Q. Are these the articles you have given the woman to wear? A. I never gave her this to wear—I lent her that to wear—I never lent her that necklace—these watch hooks she told me were put away—I did not know that she pawned them—if she was in distress and wanted money she always had it—I know nothing at all about them, that I deliberately swear—I was a Turkey merchant—I shipped needles as well as other articles—the watches, when I left them with her, were loose; one I had only just taken out of pawn; I left it with the rest of my property, as I had confidence in her—I have no document in reference to the watch—no I O U.

ANN AUSTEN . I live at Deptford—I know both the prisoners—I heard Brooker say, in reference to Mr. Vipont's property, "I am d—if I do not have everything belonging to Mr. Vipont—he said that before Rebecca Heath—I do not know anything further about the transaction, only that the goods were sent away one morning—I do not know the man who took the goods—Brooker went with them.

Brooker. Q. Where did you hear me say, "I'd be d—if I do not have everything of Mr. Vipont's?" A. In Mrs. Beading's back room—I do not know how you could have the goods—you went to sea, whether you had a fever I cannot say.

MR. MEW to REBECCA HEATH. Q. You heard that observation by the last witness; were you present when that was made? A. Yes.

Brooker. Q. Do you remember Mr. Vipont wanted to make them over in my name? A. Yes, he wanted to make them over, because Mr. Reading should not take them away—he said when he gave you the assignment, that Mr. Reading should not take away the things—I did not say to you, "What a fool you were not to have them made over in your name"—you did not say the things Were not yours, and you would have nothing to do with them; you always owned the things—when you came back from Falmouth, you said everything belonged to you, and everything you would have."

MR. MEW wished to put in an assignment, by the female prisoner, of her husband's goods, given as security to the prosecutor for money advanced, The COURT stated that an assignment by a woman of her husband's goods amounted to nothing. MR. O'BRIEN contended that the articles handed over to the female prisoner, apart from the cash box, could not be the subject of felony, the possession of them being legal. The COURT was of the same opinion)

BROOKER— GUILTY . Aged 28.— Confined Twelve Months.

READING— GUILTY . Aged 32.— Confined Six Months.

Reference Number: t18541127-93

93. DENNIS FOLEY , unlawfully uttering counterfeit coin: to which he PLEADED GUILTY . Aged 18.— Confined One Year.

Reference Number: t18541127-94

94. JOHN BROWN , was indicted for a like offence: to which he

PLEADED GUILTY . Aged 18.— Confined One Year.

Before Mr. Recorder.

Reference Number: t18541127-95

95. JOHN ALDOUS , stealing 3 pieces of copper, and 2 metal tape, value 6s.; the goods of our Lady the Queen: and WILLIAM CHALKLEY , receiving the same.

MESSRS. PHINN and SLEIGH conducted the Prosecution.

JOHN NEWELL (policeman, R 340). On 4th Nov. I was at Woolwich—I know the prisoner Chalkley; he is a marine store dealer, and keeps a shop in Warwick-street, about 100 yards from the dockyard—I was not watching his shop, no more than the regular duty—I saw the prisoner Aldous go into the shop about 6 o'clock in the evening—as soon as he entered I went to the corner of the windows—there was a gaslight in the shop—I saw a brown paper parcel in the scale—it was weighed by Chalkley, and put into a cupboard in the back part of the shop—it was a cupboard with no door to it—it was merely thrown in carelessly in the paper by Chalkley—I then saw Aldous take two metal tape from his pocket—he laid them on the counter—Chalkley came round from the other side of the counter; he picked them up, and looked at them with the gas, and he walked towards the place where he had put the paper parcel—the prisoners had been speaking to each other—I could not hear what passed—I went into the shop and asked Chalkley to let me look at the thing that this man had brought in for sale—he brought the two taps round and delivered them into my hand—I saw the mark of the broad arrow on both of them—I asked him to let the look at the other things that were brought there—he said there were no more—I told him there was; and he then went to the cupboard in which I had seen the brown paper parcel put, and he took from there a brown paper parcel and delivered it to me on the counter—it was like the one I had seen him put in—I told him the taps were marked with the broad arrow—the brown paper parcel had then been opened, it contained sheet copper—the copper was lying there—I said to Aldous, "Where did you get this from"—he said, "I found it"—I asked him where, and he made no answer—I told him I should have to take him to the station, and Chalkley must come likewise, and I did so—I had known Aldous before that day—this is the copper and the taps.

COURT. Q. Let me look at the mark? A. This is it—I do not think it was light enough in the shop to see this mark on the copper—I have rubbed the dirt off, and it can be seen plainly now.

Cross-examined by MR. RIBTON. Q. It was 6 o'clock? A. Yes—it was dark—the gas was lighted in the shop—I was standing at the corner of the window—there were small articles in the window—when I went in first I asked Chalkley to let me look at the things this man had brought in for sale, and he delivered the two taps to me—he had them in his hand when I went-in—his back was not to me—he was on the other side of Aldous, two or three yards from him—he had walked two or three yards when I got in the shop round the end of the counter—he walked from the door more towards the inside of the counter—when he began to walk his back was towards Aldous—he had passed the cupboard to pass to the other side of the counter—I mean to swear the taps were in his hand, and he delivered them

to me—I saw Aldous lay on the counter two taps of the same description as those that Chalkley gave into my hand—I was looking through the window, and I swear I could see that they were taps—I did not say a word about taps till he put them in my hand—when he gave me the taps he came round to the front of the counter—the prisoners were both together—I was in plain clothes.

Cross-examined by MR. ROBINSON. Q. There was no door to the cupboard? A. No; it was open.

MR. PHINN. Q. What is the size of the shop? A. I should think not more than four yards square—I had seen the first parcel in the scale, which was hanging over the counter—Chalkley was at first round the counter, near the scale—the taps were in his hand; they were not concealed.

DAQNIEL HARDING . I am foreman of the shipwrights in Woolwich Dock-yard. These taps are Naval stores—they are marked with the broad arrow, which is impressed upon them in the usual place—this piece of copper bears the mark of the broad arrow—this is the usual mark on copper sheathing—I do not see the broad arrow on these other two pieces, but copper funnel is not usually marked on more than two places—they appear to have been all one piece originally—I can speak to this one piece as being part of the naval stores.

Cross-examined by MR. ROBINSON. Q. Suppose you did not see this broad arrow, you would not know that these were naval stores? A. No—this broad arrow is indented between two rollers—if I saw the broad arrow on that inkstand I should call that naval stores, I mean Government stores—I will swear that this is the property of the Crown—I am not aware whether the Ordnance use this mark—they might have a tap of this description with a broad arrow, but there would be another mark beside—as far as my judgment is concerned, I say this is a naval store—I do not know that from anything except this mark—these are stop cocks for water closets—I have seen them used in Her Majesty's Navy.

THOMAS JAMES REX BARROW . I am superintendent of the Venus, the Marine Society's ship; she lies off Charlton pier, at Woolwich; it is a frigate, lent by Government for the Marine Society. Aldous was carpenter on board the Venus—he was employed there at the beginning of this month—I believe he has been employed there upwards of eleven years—I have only known him there since 1st Nov.-—on 4th Nov. he went on shore, about 4 o'clock—there was no property of this kind on board that ship, that I am aware of.

ALDOUS— GUILTY .— Fined One Shilling, and Confined Two Months.

CHALKLEY— NOT GUILTY .

Reference Number: t18541127-96

96. WILLIAM CHALKLEY was again indicted for unlawfully having in his custody 6 pieces of copper, marked with the broad arrow.

MR. PHINN conducted the Prosecution.

WILLIAM BUTCHER (policeman, R 188). On 4th Nov. I went to the prisoner's shop—he was at that time locked up—I went to the back of the house—I gained access there through the front of the house—I found a shed attached to the kitchen—I had to go out of the kitchen into the yard to go to it—I found in that shed two bags containing copper—in one bag there were 7 lbs. of copper—it was all new, and all marked with the broad arrow; and in the other bag was about 12lbs. of copper, which was not marked—this is the bag with the marked copper—it has the broad arrow on every piece—the copper was folded in the same manner as

it is now—the broad arrow appears on the outside of all the pieces but this one, which has the mark inside the fold—here are some nails and screws which were in the parcel—they have the broad arrow on them—after having searched, I went back, and found the prisoner in custody—I spoke to him with reference to what I had been at.

Cross-examined by MR. ROBINSON. Q. He was in the cell? A. Yes; I asked him if he knew that the copper which was in the shed at the back of his house, was marked with the broad arrow—he said, "Yes, he knew it was; there were several pieces marked"—I spoke to him through the wicket.

MR. PHINN. Q. What else? A. I asked him if he bought the copper; he said he believed he did—I asked him, if he knew who he bought it of—he said he did not know—I asked him how long he had had it in his possession—he said a short time, about a month—I asked him if he had made an entry of the copper in his book—he said he had not—I had found some lead there—I asked him the same questions about the lead that I did about the copper, and he gave me the same answers except the broad arrow—the prisoner's wife was present, when I found the copper in the shed—the shed was locked, and his wife took the key out of the kitchen and unlocked it.

Cross-examined. Q. Where was the shed? A. About the center of the yard; there was a great deal of property there—I did not take possession of it all—this was on the same day that the prisoner was apprehended—when I had got all this information, I went to the station—I did not open the wicket that led to the cell immediately—some little time after, we put the stores away—I opened the wicket, and looked in—he was against the wicket—I was in uniform—the wicket is about six inches wide—I stood at a little distance—I asked him whether he knew the copper was marked with the broad arrow—he said it was, and he believed he bought it—I asked whether he had made any entry in his book, and he said he had not—I asked him how long he had had it in possession—he said a short time, about a month—he said he had had the lead a short time, about a month—he used the same words about the copper, as about the lead—I do not think there was any difference—I have been a policeman nearly seven years—I have been to the prison door, to speak to the prisoners, some scores of times—I have not come in a Court of Justice scores of times, and told what they have said—I have not had occasion—I was not in the case—I had no business to ask other prisoners, whom I had nothing to do with.

COURT. Q. You have not been witness to conversation in these cases scores of times? A. No; only when I have been in the case.

MR. ROBINSON. Q. Do you mean that scores of times you have come into the Court, and told before; the Judge and Jury that you have gone to cell doors and catechised prisoners in this way? A. No; it was at times before the Magistrate, not here—in this case I was compelled to do it, as the prisoner was in custody—I did not know but what we had authority to go, and ask prisoners as to matters about which they are charged, when we have found the goods—when I found this copper I saw the marks, and when I went to the cell I knew there were those marks—this is the copper that is marked, and these are tie nails—here is the broad arrow, under the head of the nail.

DANIEL HARDING . I am foreman of the shipwrights in Woolwich Dock-yard—I have looked at these pieces of copper; they have all the marks of the broad arrow—it is new cop per, and appears to have been part of a funnel for a cabin stove—these screws and nails are such as are used in ships.

COURT. Q. How do you know it is new? A. If it had been used it would have been smoked; if this had been cleaned, it would have been polished, but here is the natural colour of it as new.

Cross-examined. Q. Suppose copper had been used for a month, and got a little dirty, would not a little cleaning make it look like new copper? A. No, never—copper may be kept clean for a month, or for six months, or six years. (The prisoner received a good character.)

GUILTY . Recommended to mercy by the Jury.— Fined One Shilling, and

Confined Two Months.

Reference Number: t18541127-97

97. GEORGE JOHNSON , stealing half a ton of iron, value 50s., the goods of Edward Humphreys and others.

JAMES RAE . I live in Alpha-road, New Cross—I am manager to Messrs. Edward Humphreys and others, engineers, at Deptford Pier—I went to their premises on 5th Nov., and I found about half a ton of pig iron was missing, which had been there on Saturday—it came from Winter and Co.—it had the name of the makers on it, Garth Sherry—I went from information to the Lower Water-gate, and there found some pig iron similar to what I had lost—I found it under a boat—it was new iron, and had the same appearance as ours had—it was about half a ton, and was worth about 50s.

RICHARD MORRIS . I am a waterman, and live in Butcher-row, Deptford. On Sunday morning, 5th Nov., I was at the Water-gate stairs a little before 4 o'clock—I was raking the shore, and I heard a noise from Mr. Humphreys' wharf—I went to see what it was, and I saw the prisoner standing under the wharf, and another man, whom I could not make out who he was, was on the wharf; he was putting the iron down to the prisoner—I have known the prisoner eleven years—I am sure it was him—about half-past 4 o'clock, I was going down with a bucket, and I saw the prisoner with the iron on his shoulder—he put it under a boat—I afterwards showed the policeman where it was.

Prisoner. Q. How far were you from me? A. Not ten feet; you passed me with the iron on your shoulder.

Prisoner. I had nothing on my shoulder. Witness. Yes you had; and you said to me, "Morris, you are up early"—I said, "I had need to be, on account of the mud."

JOHN RAE (policeman, R 180). The last witness pointed out the boat to me, and I found these two pigs of iron (produced)—here is the name on it.

JAMES RAE re-examined. The name is not Garth Sherry, it is Calder—I made a mistake—I was confused.

JOHN MOORE (policeman, R 164). I took the prisoner on 15th Nov., about 1 o'clock, in Evelyn-street, Deptford—he was going down the street—I told him he was charged with stealing a quantity of iron—he said, "Never mind, you did not see me with it."

GUILTY .

(The prisoner was further charged with having been before convicted).

JAMES WILLIAM CROUCH (policeman, R 118). I produce a certificate of the prisoner's former conviction—(read: "Convicted at the Central Criminal Court, May, 1849, of stealing horse hair in a vessel, having been before convicted, transported for seven years.)—I was at his trial—he is the man—since then he has been four times in custody, and once summarily convicted.

GUILTY. Aged 25.— Four Years' Penal Servitude.

Before Mr. Common Serjeant.

Reference Number: t18541127-98

98. ANN BROWN and ANN SMITH , stealing 30 yards of Coburg cloth; the goods of Thomas Brangwin.

BROWN PLEADED GUILTY . Aged 19.

SMITH PLEADED GUILTY . Aged 18.

Confined Six Months.

Reference Number: t18541127-99

99. ANDREW DEAN and FANNY WYLES , stealing 8 handkerchiefs, value 2l.; the goods of Ebenezer Davis and another: to which

DEAN PLEADED GUITY .

EWART conducted the Prosecution.

JOHN WATERS . I reside with Ebenezer Davis and Richard Davis; they are drapers at Woolwich. On Saturday evening, 18th Nov., the two prisoners came to the shop about a quarter before 7 o'clock—one of them asked for some black twilled handkerchiefs—I got down a paper parcel, and found we had not any—we had some plain ones—they were kept in the same parcel—they looked at the plain handkerchiefs—there were in the parcel three pieces containing about six handkerchiefs in each, and one single handkerchief—Dean opened the single handkerchief, and by that means covered the three other pieces which were lying on the counter—it hid the others from my view—there were four or five other customers in the shop beside the prisoners—I left the prisoners for about half a minute—I was about two yards from them—I returned to the prisoners—they were in the same position as they were before—nothing attracted my attention, only that the single handkerchief had been opened—I think it had been opened just before I left the prisoners, but I cannot recollect—I folded it up, as they decided that it would not do—they then left—they did not purchase anything—I followed them, out immediately—they turned to the right, and I could not find them—I went to the station—I had missed one piece of handkerchiefs as soon as they had left—this is the piece I missed—I am quite sure of that.

Cross-examined by MR. LILLEY. Q. How do you know it? A. Because the handkerchiefs we lost were 36 inches, and these are so—other drapers sell 36 inch handkerchiefs—the manufacturers manufacture many such—it is a common size—the prisoners joined in conversation together—I cannot identify what one said and what the other said—I will undertake to say most positively that part of the general conversation had respect to the handkerchiefs—I lost sight of the prisoners when they went out of the shop—the street was crowded—it was a quarter before 7 o'clock in the evening.

COURT. Q. Is there any mark on these handkerchiefs? A. Yes—these were from a house in Fore-street, Morris and Co.

JOHN BLUNDEN (policeman, R 80). In consequence of information I went to the Miter tavern, High-street, Woolwich, on 18th Nov., about five minutes before 7 o'clock in the evening—I saw both the prisoners standing in front of the bar—I said, I must take them into custody for stealing silk handkerchiefs—Wyles said she had got nothing, and turned her pocket inside out—Dean said he had got nothing, but if I would go up stairs I might search him—I was in the act of taking Dean into custody, and he was forced away from me by some persons standing in the door—he made his escape out of the door by the assistance of some bystanders—he ran about 15 yards, when he was stopped by a bystander—I immediately pursued him, and took him to the station—I found a quantity of silk in his possession, which I produce—I asked him where he got it—he said he

bought it of a broken down shopkeeper in Woolwich—I went in search of Wyles, and found her about half a mile from the public house, against the dock yard—she was in company with two marines—I took her into custody—she said, "How funny you are"—I took her about 100 yards, and she said, "What do you want with me, I have not done anything"—I told her she was charged with being concerned in stealing silk handkerchiefs with a man—she said she had not been with a man, and she denied all knowledge of the handkerchiefs.

Cross-examined. Q. Were not the words which she used, that she knew nothing about it? A. Yes—Mr. Waters lives in High-street, Woolwich, which is about three quarters of a mile from the dock yard gate—when I went in the public house I spoke to the two prisoners, not to one individual—they were both standing close—I said, "I must take you into custody"—I believe I said "you"—I did not see Wyles searched—I was standing outside, and nothing was produced.

WYLES— NOT GUILTY .

Reference Number: t18541127-100

100. ANDREW DEAN and FANNY WYLES were again indicted for stealing 3 handkerchiefs and 3 scarfs, value 1l. 8s.; the goods of Harriet Williams: to which

DEAN PLEADED GUITY . Aged 32.—He received a good character.

Confined Six Months.

MR. EWART conducted the Prosecution.

AMELIA WILLIAMS . I am the daughter of Harriet Williams, who keeps a linen draper's shop, in Church-street, Woolwich. On Saturday, 18th Nov., about half-past 12 o'clock" the prisoners came into my mother's shop together—one of them, I do not recollect which, asked to look at some coloured silk handkerchiefs—I showed the handkerchiefs to both of them together—I placed the handkerchiefs before them, they both examined them—the handkerchiefs were in a box—I placed the box before them—the prisoners consulted each other, and they both said the handkerchiefs were not thick enough—there were scarfs in the same box—they did not ask to look at them—the prisoners had before asked for shoe binding—they purchased a black and white handkerchief—Dean paid 1s. 6d. for it—after they had purchased that, they left the shop together—when they were gone I missed three handkerchiefs and three scarfs from the box which I had placed before them—I missed them within half an hour after the prisoners were gone—these are the handkerchiefs and scarfs—this one handkerchief has a private mark on it by which I know it—our handkerchiefs had private marks on them when they were in the box—only this one has the mark on it now—here is the place where this other handkerchief has had a ticket on it—the value of these handkerchiefs is 13s., and the scarfs 15s.—I am quite sure I saw all these in the box when I placed it before the prisoners—I am quite sure this one is my mother's property.

Cross-examined by LILLEY. Q. It is usual to have all things marked? A. Yes—when we sell a thing it is usual to take off the mark—this was about half past 12 o'clock in the day—I cannot say how long the prisoners were in the shop—it might be five minutes—they had before purchased some shoe binding, and they purchased a handkerchief—the hand writing on this private mark is my mother's—I am sure it is hers.

JOHN BLUNDEN (policeman, R 80). In consequence of information, I went after the prisoners, about ten minutes before 7 o'clock in the evening, on 18th Nov.—I found thorn at a public house, and told them what I wanted with them—I told them I must take them into custody for stealing

silk handkerchiefs—they were together in the public home in company—they both said they had nothing—I took Dean to the station, and locked him up—I searched him, and found on him the property I now produce—I found all those handkerchiefs on him—he said he had bought them of a broken down shopkeeper in Woolwich—I afterwards took Wyles—I found her about half a mile from the public house, against the dock yard gate—I told her I must take her into custody—she said, "How funny you are"—we walked about 100 yards, and she said, "What do you want me for, I have not done anything"—I said, "I must take you for being concerned with a man in stealing silk handkerchiefs"—she said she did not know anything about it, and bad not seen any man—she denied having been with any man—I took her to the station—she was searched—nothing was found on her.

WYLES— GUILTY . Aged 31.— Confined Six Months.

(There was another indictment against the prisoners.)

Before Mr. Baron Martin.

Reference Number: t18541127-101

101. JOSEPH BRATHWAITE , stealing 1 coat and 2 books; the goods of Samuel Ward.

SAMUEL WARD . I am a builder, and live at Lee, in Kent. I was doing some work six weeks ago, at a house in Bangor-place; I left a coat on the door of that house, and I missed it in the evening—it was about 12th Oct.—there were two books in the pocket of my coat—a Bible and a time book—these are them.

MARIAN SMEE . I live at Lee; the prisoner lodged in my house. I recollect his bringing these books to the house; he said they were given to him by his employer, who lived at Bermondsey—it is about six weeks ago.

JOSEPH GREEN (policeman, R 313). I apprehended the prisoner on 20th Oct.; I found in his bed room these two books.

Prisoner. I had the Bible given me; the time book I found.

NOT GUILTY .

Reference Number: t18541127-102

102. JOSEPH BRATHWAITE was again indicted for stealing 1 coat, and 1 book, value 20s.; the goods of James Horne.

JAMES HORNE . I am a plumber, and live at Trafalgar-row, Greenwich. On 16th Oct., I was at work at a house, at New-cross, Deptford—I hung my coat on a door—I continued to work during the day, and when going in the evening, I missed my coat—this pocket book (looking at it) was in the pocket of my coat.

CALEB TAYLOR . I am a surgeon. On 16th Oct., I was in a house in Deptford-road, which belongs to me—Mr. Horne was there at work for me—I saw the prisoner there about 3 o'clock in the afternoon—I was in the garden—he asked me the rent of the houses—I showed him over them—he left, and made an appointment for the next day—he said he was a butler, and gave his master's name as Mr. Smee, of some terrace—he promised to come the next day, but he did not.

JOSEPH GREEN (policeman, R 313). I took the prisoner on 20th Oct—I found this book in his bedroom.

JOSEPH DRY . I am a pawnbroker. I produce this coat; it was pawned with me on 16th Oct., by a man in the name of Joseph Smee; I do not recognise the prisoner.

GUILTY . Aged 38.— Confined Three Months.

Reference Number: t18541127-103

103. WILLIAM TURNER , stealing 3 napkins, and other goods, and 1 10l. note; the property of Richard Chatfield, his master.

RICHARD CHATFIELD . I am a master shipwright, in the Dockyard, at Greenwich; the prisoner had been in my service five months; he had been in my wife's service previously. On Saturday morning, 28th Oct., I missed a 10l. note from my writing desk—I had seen it on the Monday—finding I had lost my note, my suspicion was on my servants—I sent to Mr. Booth on 3rd Nov., and the box and drawer of the prisoner were searched in my presence—three dinner napkins, a D'Oyley, and piece of music were found; and on his person a pocket handkerchief—these were my property; and in his drawer were eight sovereigns and a half, and two half sovereigns in a purse—a bunch of keys was on his person, one of which opened my writing desk, where the note was kept.

Cross-examined by MR. COOPER. Q. How long did the prisoner live with your wife, before he lived with you? A. I think about eleven months—no one but him slept in his room—his box was locked—the key was in his possession—ho gave it up to the inspector—they were clean dinner napkins—I do not know the writing on this note—it is not my wife's writing.

WILLIAM KENT . I am a licensed victualler; I keep the Mitre Tavern, at Deptford. On Sunday evening, 29th Oct., the prisoner came to my bar, between 6 and 7 o'clock—he produced a 10l. Bank of England note, and asked for change for his master; I said, "If you put your master's name and address on it"—my daughter wrote the name on it which he gave, "Mr. Smith, Florence-terrace"—I took the note, and gave him ten sovereigns—I paid the note away the next morning.

SARAH KENT . I am daughter of the last witness. I remember the prisoner coming to my father's house; he produced a 10l. note; I wrote on the back of it the name of the person that the prisoner said was his master!—this is the note.

WILLIAM MITCHELL . I am clerk in the banking house of Messrs. Hanbury, in London-street. I was cashier on 13th Oct.; I paid this note on that day to Mr. Chatfield, in a payment of 61l. 3s. 8d.

GEORGE BOOTH . I am inspector of police, at the Dockyard at Deptford. On Friday, 3rd Nov., I went to Mr. Chatfield's house; I searched the prisoner's sleeping apartment—the prisoner was with me—I found in his box 3 table napkins, which I produce, this D'Oyley, and piece of music—in his drawer I found, under the newspaper, eight sovereigns and a half in gold—this pocket handkerchief, belonging to Mr. Chatfield, was on the prisoner's person—Mr. Chatfield identified it as his wife's property, and gave the prisoner into custody—the prisoner said the money was his own savings—I told him Mr. Chatfield had lost a 10l. note, and suspected him of stealing it, and I came there to search his box and drawer—he said, "Very well," he knew nothing about it—I found in his trowsers pocket, a purse with two half sovereigns in it—the prisoner said it was his own savings—I asked him whose the napkins and other things were—he made no reply—I found a bunch of keys on his person—I tried the small key, and I found it undid Mr. Chatfield's desk.

Cross-examined. Q. It is quite a common key? A. Yes, a common desk key—the others are common keys.

RICHARD CHATFIELD re-examined. This is my wife's handkerchief—it is marked, "W. A. B.," her initials before she was married—this D'Oyley I can swear to—this music has my name written on it, by the person who gave it me—I received this 10l. note at Hanbury's bank.

GUILTY . Aged 19.—Recommended to mercy by the prosecutor.— Confined One Month.

Reference Number: t18541127-104

104. ELIZA LYNCH , stealing 4 pairs of boots, value 34s.; the goods of Oliver Henderson; having been before convicted: to which she

PLEADED GUILTY . Aged 40.— Confined Twelve Months.

Reference Number: t18541127-105

105. CHARLES NOBLE , burglary in the dwelling house of John Colcell, and stealing 6 spoons, value 22s.; his property.

MARGARET COULSON . I am in the service of Mr. Colcell, at Greenwich. On Tuesday, 14th Nov., I went to bed between 10 and 11 o'clock at night; before I went to bed I saw the silver spoons safe on the plate shelf—I came down the next morning between 7 and 8 o'clock; they were then gone—I also missed a piece of cheese, and a piece of pork, which had been in the safe; these are the articles—I found the safe door and the kitchen door open—they had been closed when I went to bed.

Prisoner. How can you swear to the cheese? Witness. I am sure it is the cheese; I can swear to it by the colour—I had eaten some of it that same night.

Prisoner. I know that I bought the cheese, and she swears to it.

GEORGE CHAPMAN (policemen, R 208). On the morning of 15th Nov., I was on duty in New Cross-road—I saw the prisoner about half past 4 o'clock, going in the direction of London—I asked him where he came from—he said, "From Woolwich"—I asked what he had been there for—he said, "Singing songs"—I asked what he had about him—he said, "Nothing"—I searched him, and found in his inside pocket these half dozen spoons—I asked him how he accounted for them—he said in walking across the road he kicked against them, and picked them up—I searched him further, and found these nut crackers—he said they were by the spoons—I afterwards found this cheese, in his outside pocket—he said he bought that—I afterwards examined the prosecutor's premises, and found some person had gone over a high wall, and then into an enclosed passage, and then into the kitchen.

MARGARET COULSON re-examined. We had lost a pair of nut crackers.

JOHN COLCELL . I know these nut crackers; I believe them to be mine—the spoons I can swear to, by the mark.

Prisoner's Defence. I had been to Woolwich that morning, and as the side I was walking on was rather soft I crossed the road, and came against these spoons and nut crackers; I picked them up, and thought about giving them to a policeman, but I was afraid I should be accused of stealing them; I was walking along, and this man saw me; I passed him, and he called; he stopped me, searched me, and found these things; I told the truth to him, that I picked them up; I know no more about them.

GUILTY . Aged 24.— Four Years Penal Servitude.

Reference Number: t18541127-106

106. ELIZABETH BELL , stealing 12 1/2 yards of silk, value 2l. 10s. 4d.;, the goods of Thomas Cabban.

GEORGE DUNBALLY . I am assistant to Mr. Thomas Cabban, a draper, in Stockwell-street, Greenwich. On 30th Oct., the prisoner came to the shop, between 1 and 2 o'clock—she asked to match some silk; I said I could not exactly, but I showed her some silk, and some lining—she did not take them with her, but asked me to send them to Mrs. Jones, at New Cross—as she was leaving the shop, I observed her left hand was close to her side—in consequence of what I saw I followed her, and saw her go into a shop in the market—I walked up and down outside, and passed the shop once or twice—I returned to any master's shop, and missed one piece of those silks

which had been exhibited to her—I went in search of the prisoner, but did not find her—I saw her again in about three quarters of an "hour afterwards—this (produced) is the silk that I missed.

JOHN FINCH . I am assistant to Mr. Smith, a pawnbroker, at Greenwich On 30th Oct., I saw the prisoner in the shop about a quarter before 2 o'clock; she asked for a loan of 30s. on this silk—I lent her a sovereign on it—soon afterwards Mr. Cabban came to inquire if we had taken in any silk—I said we had—I showed him the silk, "and he identified it—I went to the shop afterwards, and identified the prisoner.

Prisoner. Before the constable was sent for, I had paid the sovereign back. Witness. It was so; Mr. Cabban came to inquire if we had taken in any silk—I said, "Yes," and showed him this—he said he had got the woman—our foreman went and asked her for the money, and she paid the money and we left the silk in Mr. Cabban's hands.

WILLIAM PATMORE (policeman, R 246). I took the prisoner.

Prisoner's Defence. I admit going into the draper's shop, and I asked to see some dresses; some were produced; I then chose one, and ordered it to be sent to a place near New Cross; during that time I concealed a dress piece, twelve yards and a half, green and black shot silk; I took it a few doors from there in the same street, and pawned it for a 1l.; I had scarcely got out of the pawn shop, when I regretted what I had done, and immediately wont back to the shop from whence I took the silk; the master and son were at the door; they asked me if I was the party that was in the shop that morning, looking at some dresses; I said, "Yes," and I owned to the dress immediately, and the pawnbroker came in after me, and I gave him the money to redeem the silk, and it was brought back to the shop, and given up in my presence; the pawnbroker then said, "She has given me the money; I have no more to do with her; you may give her in charge if you like;" the draper said, "So I intend;" and he sent his son for a policeman, and gave me in charge immediately; I candidly declare I had not the slightest idea that any one was after me, or even the dress missed when I went back to the shop to return it; I hope that my repentance of the deed will be considered.

COURT to GEORGE DUNBALLY. Q. Did she come back to the shop of her own pleasure? A. No; Mr. Cabban saw her.

GUILTY . Aged 47.

The prisoner was further charged with having been before convicted, to which she

PLEADED GUILTY.— Confined Twelve Months.

Reference Number: t18541127-107

107. JOHN SALES , stealing 4 iron pins, 1 lb. of steel, and 2 files; the goods of our Lady the Queen, his mistress; 2nd COUNT, of the principal officers of Her Majesty's Ordnance: to which he

PLEADED GUILTY .—Aged 39.

MR. BODKIN stated, that the prosecutors recommended the prisoner to mercy, and the prisoner had stated, he had taken the metal to make models. The COURT having received a letter, believed that that had probably been the case; and therefore the sentence would only be a nominal one.)

Confined One Week.

Before Russell Gurney, Esq.

Reference Number: t18541127-108

108. JOHN ASHLEY , embezzling 8l.; the moneys of John Green, his master.

MR. MEW conducted the Prosecution.

RICHARD PATTENDEN TAYLOR . I am a butcher, of Eltham, in Kent. I know the prisoner as footman to Mr. Green, of Eltham, whom I have

dealings with—I did not owe him anything, but I sent him 5l. in silver—I am in the habit of doing so every week, sometimes 10l., which I used to get cheques for—on Saturday, 4th Nov., the prisoner called and changed a 10l. cheque, besides which I gave him 5l. in silver to give to his master—I had counted it the day before, and it was put into a red bag with a note—the prisoner was sober—at the police court the prisoner produced a white bag—that was not the same.

Prisoner. You gave me the 5l. first. Witness. No, I gave you the 10l. first—I gave you 10l. in silver, and 5l. in another bag.

Prisoner. I produced the bag and the note; I put it into my pocket by mistake; this is the note (producing it). Witness. This note was inside the red bag with the 5l.—it was tied up with string—I told you I would let the change run on, and I should be able to buy a bullock with it at Christmas—(note read: "Sir,—Please to let the change go on for a few weeks, and you will oblige, Yours, etc., Rd. Taylor, butcher.")

MR. MEW. Q. The usual course was for you to receive a cheque for the 5l. worth of silver, but you wished it to run up to the price of a bullock, instead of having a cheque? A. Yes.

THOMAS WHITEMAN . I am bailiff to Mr. Green, and pay his labourers on Saturdays. I sometimes received the money from him, and sometimes from the footman—on Saturday, 4th Nov., I saw the prisoner in the pantry—he gave me 6l. first, and told me he was very busy, and I was to go and pay the men, and he would give me more presently, after he had laid the cloth—after that I saw him again, and asked him for the rest of the money—he counted out 9l. in silver on a tray—I saw no note or bag, nor did he say anything to me about them—he did not say that he had been to a Mr. Scriven's—he said that he had had a job to get change—when I had got the 15l. I asked him what it was master said about him—he said he did not know—I said I had hardly money enough to pay the men—he said he would lend me 2l. or 3l., but I was not to mention it to Mr. Green—he lent me 2l.—on the Tuesday morning following the prisoner was dismissed, and I received a message from Mr. Green to go and make inquiries—I went to the prisoner's lodging, at the Greyhound, about 12 o'clock that night—I told him I wanted to see him—he said, "What fort?"—I said, "Concerning the change"—he asked me what odds was it to me, I had my change all right, had I not 1—I asked him what he had 'done with the 5l. he had at Mr. Taylor's—he said it was no odds to me so long as I had my change all right—he said he would give me 5l. not to say any more, and then he said he would not—I asked him what he had done with the 5l. note—he said he had changed it at Mr. Scriven's, and laid it on Mr. Taylor's block or bench, and lost it—he was sober on the Saturday evening when he gave me the change.

Prisoner. I gave you the 15l. change perfectly right. Witness. There was 6d. short, which you gave me afterwards—the change was very often wrong half a crown or a few shillings—I always saw you count it before me—what I heard you say about the 5l. was on Tuesday, not the first time you were taken—you were rather in liquor that night.

JOHN GREEN . I live at Eltham. The prisoner was in my employ—I sent him into the village to change a 10/. and a 5l. note—he was to give the proceeds to my bailiff to pay the labourers—Mr. Taylor used to give me silver for cheques, and I sent the prisoner for it regularly—the prisoner gave me a verbal message on the Monday that I could have any quantity of silver by living; Mr. Taylor a cheque at some future time, and it was to run on—he

did not give me any silver, or show me any note or bag—I saw Mr. Taylor on the Tuesday, and in consequence of information gave the prisoner into custody, but he had been dismissed, and was not to be found for a few days.

Prisoner. You did not tell me particularly to go to Mr. Taylor's to get change. Witness. No—I did not direct you to any place—I told you to get change—on the Monday morning, before I went to town, I gave you money to pay two or three little bills—I do not recollect the amount—you asked me for 1l. and I gave it to you—I gave you 1l. to pay Layard, the brewer—you asked me to advance you a sovereign before you had been with me a month—I have no reason to suppose you had any money then.

Q. Did not you tell the police sergeant to let me go, as there must have been some mistake? A. I cannot recollect what I said to him—it was a disagreeable thing, and I would rather have dismissed it if I could—I had a very good character with you—you took your clothes away when you were desired not to do so, which created suspicion.

MR. MEW. Q. How long was the prisoner in your employ? A. About seven weeks—I said nothing to him about the 5l. note before I gave him into custody—I dismissed him for misconduct in the kitchen—he had received notice from me a fortnight previous.

EDWIN ROLFE SCRIVENS . My father is a baker, at Eltham. On 4th Dec. the prisoner brought a 5l. note to my shop for change, and I gave him five sovereigns for it—he did not ask me to change any cheque.

Prisoner. Q. Was it you that gave me the five sovereigns? A. Yes; I got them from my father in the bakehouse, and gave them to you—you did not say previous to that that if I had got any silver you would be much obliged to me—my father did not come up to the corner of the counter at that time—he never came out of the bakehouse—it was about a quarter to 8 o'clock on Saturday morning.

Prisoner to MR. GREEN. Q. What time on Saturday did you give me the 5l. note? A. I cannot state, as I was going to Chigwell—I should think it was before a quarter to 8 o'clock—I think I left home about half past 8 o'clock—I had breakfast at home—I gave it to you before breakfast—it is possible that you could have gone away at a quarter before 8 o'clock, but I did not miss you—I recollect calling you, and telling you that it was very late, but cannot say the time, or whether it was after 7 o'clock—I cannot say whether you cleaned the boots that morning; you ought to have done so, but you frequently did not—Mr. Scriven's is not more than half a mile from my house.

CHARLES FRYATT (policeman, R 294). On Saturday, 11th Aug., I took the prisoner, at the Greyhound Tavern—I said, "You are the gent I am looking for; you must come to the station with me, and answer the charge of embezzlement which Mr. Green has to make against you"—lie said, "I cannot come just now; let me stop and have my dinner"—I told him that if he wanted refreshment he could have it at the station—as we went to the station, he said, "What can they do with me if I did not lay the money on the 'block,' or 'bench?' Host it, and they can do nothing with me; but the station is not a place of confession, and I shall not answer any more"—he produced the bag before the Magistrate.

Prisoner. Q. Did I make use of the words "block" or "lost" when you took me, or was it on Tuesday night? A. On the Tuesday night.

Prisoner. It was not you that took me into custody; it was the police sergeant; I never saw you till you got some way to the station. Witness. You did use the word "lost" on Tuesday and on Saturday—I never told

you that I thought you would be all right and get off, or be turned up, or that if you paid Mr. Taylor's five sovereigns back he would not appear against you; I never thought of such a thing—I came to the cell with the galore, and spoke to you—there were two men in the cell with you—I did not whisper to you before you went before the Magistrate—I did not sit down with you, and talk about your being all right—I said nothing to you from the time I took you from the cell till you asked me whether Mr. Green had come.

Prisoner's Defence. I can obtain a very high character from several noblemen and gentlemen, which it is not likely for a moment that I should throw away for 5l., as I have no other way to get a living than service.

GUILTY . Aged 32.—Recommended to mercy by the Jury and Prosecutor, on

account of his character.— Confined Four Months.

Before Mr. Common Serjeant.

Reference Number: t18541127-109

109. HENRY HARDING and JOHN GOODMAN, unlawfully pulling down certain wires of the electric telegraph on the London, Brighton, and South Coast Railway, and doing wilful damage to the same: to which.

HARDING PLEADED GUILTY . Aged 22.— Confined Two Months.

MR. METCALFE conducted the Prosecution.

JEREMIAH RAVEN . I live at No. 7, Mason's-court, New Crow, Surrey; I am a plate layer, in the service of the London and Brighton Railway Company, and am employed between Forest-hill and New Cross. I know Harding—he has been employed as a labourer on the line—I should suppose that all the labourers know what the wires of the telegraph mean—on Sunday, 6th Aug., I saw Harding and another man; I cannot say whether it was Goodman—they were just below New Cross—they both had hold of telegraph wires as they walked along—they pulled the wire down from the standard, but it did not break—it came right down on the ground—it was quite as high as a man could reach before—I called to them—they walked away from it altogether, and I saw no more of them—I went back, and assisted in putting it back—one of the insulators was broken—a gentleman gave information.

GEORGE CARPENTER . I live at No. 4, Holland-street, Brighton, and am in the service of the London, Brighton, and South Coast Railway Company. On Sunday evening, 6th Aug., I was walking on the railway bank, and saw the prisoners, whom I knew before, and the last witness—the prisoners took hold of the telegraph wire, and went for four or five steps hand over hand on the wire, and then they gave a heavy sag, and broke it down from the standard, and it fell to the ground, and nearly hit my feet—I was sitting down at the time—I got up, and called after them—they both turned, made some remark, and hurried away, but did not exactly run—I went and assisted in putting the wire up; it was lying on the ground—the prisoners appeared sober—it was between 7 and 8 o'clock in the evening.

GEORGE ROBSON . I saw this wire after it was pulled down—the glass of the standard was broken, and the wire was in contact with one of the other wires.

EUGENE GEORGE BARTHOLOMEW . I was superintendent of the telegraph on the London, Brighton, and South Coast Railway at this time—I saw this wire, but not till after it had been repaired—it belongs to the Electric Telegraph Company—the damage was very trifling—if the ground was wet, the effect would be that the electricity would not travel farther than that

point were the wire touched the ground—destroying the insulator would also stop communication.

JOHN CARPENTER (police sergeant). On 7th Aug., I received information, but was not able to find the prisoners—on 21st Aug. I found Harding, and on 2nd Nov. I found Goodman—I had previously inquired at there ordinary places of abode, but they had left.

Goodman. Q. Did not you see me in the town, and pass me for five weeks? A. No; one week after this occurred, I saw you—I had one summons for the two—I knew that the other party had absconded, and I could not serve you with the joint summons, so I got the summonses separated first—I did not know that you were at work at the Waterworks in the Broadway.

Goodman's Defence. I met this man on one of the bridges; he lives near me, and we went together; he was walking on the left side of me; the footpath is close by the telegraph wires, and he pulled them; I said, "You had better let them alone, or you will get yourself into trouble," and walked away; presently we were going across the footpath, and he said, "Come along down;" I said, "No;" I heard a man halloo out, and I walked along the line.

GEORGE CARPENTER re-examined. I know both the prisoners, and saw both of them have hold of the wires at the same time.

GOODMAN— GUILTY . Aged 22.— Confined Two Month.

Before Mr. Recorder.

Reference Number: t18541127-110

110. WILLIAM ROSE , stealing at Deptford 2l. in money, of Thomas Machin, his master: to which he

PLEADED GUILTY . Aged 35.— Confined Eight Months.

Before Mr. Baron Alderson.

Reference Number: t18541127-111

111. RICHARD WRIGHT , stealing 1 pair of trowsers, 2 1/4 yards of cloth, and 1 set of studs, the property of Mary Ann Pembroke: to which he

PLEADED GUILTY . Aged 20.— Confined Six Months.

Reference Number: t18541127-112

112. MARY GREEN , stealing 1 pewter pot, value 18d., the goods of Henry Harvey Hodson; also, 1 pewter pot, value 5s., the goods of Thomas Lee, having been before convicted: to which she

PLEADED GUILTY . Aged 43.— Confined Twelve Months.

Reference Number: t18541127-113

113. EDWIN HOCKLEY was indicted for feloniously killing and slaying David Evans.

MR. CAARTEN conducted the Prosecution.

MASON GEORGE HEMMINGS . I am potman at the White Hart in London-street, Greenwich. On Tuesday morning, 17th Oct. a little before 1 o'clock, the prisoner was in front of the bar talking to two or three friends—I don't think he was either sober or tipsy, he had been drinking a little—whilst he was there David Evans came in, he was neither drunk nor sober; he had been drinking; he had half a quarter of gin and some cold water—a general conversation took place between him and Hockley and friends round the bar—a fight was spoken of between two other men, and Evans and Hockley disagreed about it, and Evans said he would fight Hockley for half a crown; he put his hand in his pocket and pulled out some halfpence, and said, "I have not got half a crown, I will fight you for nothing"—Hockley

said he would fight him wherever he liked to go; upon that the landlord interfered, and said he would have no fighting in his house, and they left the house—I went out with them—they went into the road—Evans was in the road first, and Hockley went out to him, and they commenced fighting—they had no seconds—Evans fell down, I can't say from what cause; they began to fight, and closed, and Evans fell—Hockley had not hold of him at the time he fell; they were struggling, closing together—he got up again, and they commenced fighting again; they closed again, and both fell down, Evans fell in the gutter, and Hockley alongside of him—Hockley got up, Evans remained in the gutter—I left him there, and came away.

Cross-examined by MR. BALLANTINE. Q. Had you known Evans before? A. Yes—he was in the habit of drinking, and then sometimes he would talk about fighting—I don't think he was much of a fighter, he could fight a little—I never heard that he fought for money, he fought for the love of it—he was a person accustomed to spar and box—lie was no friend of mine—I have drunk with him—I know the prisoner—I always found him a very respectable man—I never saw him quarrelsome—I can't say who struck the first blow, they commenced directly they closed.

JOHN HURLEY . I saw a part of this fight—I saw Hockley go towards Evans, and he either hit or pushed him, and Evans stumbled, back, and fell down towards the gutter—I did not notice Hockley fall—that was the only fall I saw Evans have—I did not see him removed, but I afterwards saw him sitting on the pavement by Mr. Orchard's door—I don't know how he got out of the gutter; I believe he was assisted—when I saw him sitting on the pavement, I saw some blood either come from his nose or mouth—I saw Stanley there, and he brought him some water—I did not hear Evans speak at all afterwards, he appeared insensible—I went away.

Cross-examined. Q. Did you see any wound upon his head? A. I did not; I saw no blood on the side of his head.

GEORGE TOINBY . I am a coachman, living at No. 4, Brand-street, Green-wich—I was at the White Hart on this evening, and saw the fight—Evans walked off the footpath into the road, buttoned up his coat, and put himself in a fighting attitude—Hockley walked out afterwards into the road, and they commenced fighting—the first round, down they both went together, and very short it was—Hockley was fresh, and the other was very tipsy—Evans fell about a yard from the footpath, not near the gutter, on the opposite side—they both got up again, and had another scrambling round, which ended at the opposite side of the road; they then both went down together, Evans undermost—Hockley got up, and Evans laid in the gutter—I saw Hemmings and Stanley go to him and pick him up, I do not think he was able to get up himself—I observed blood on his nose and mouth—he did not speak—Stanley fetched some water, and he drank some—a man named Sullivan came by, and he said, "Oh, put him up, he will do, I know him; you go home, he will wake up and go home directly; I have been drinking with him to-night"—we left him there, not with Sullivan, we left him alone—by Sullivan's advice we set him up against the door, and left him—the prisoner was very handy there at the time we set him up against the door—we did not leave him there, he went away; we all went away together.

Cross-examined. Q. Sullivan said, "He will find his way home; let him alone?" A. Yes—he said, "It is always his way he has after he has had a bit of a brush"—I knew Sullivan—I did not know that Sullivan and he were friends—when I left him, there was no wound on his head, to my

knowledge—I had a lantern; I am an omnibus conductor—Sullivan took Evans's cap off to wipe his face, and put it on again, and said, "He will do"—if there had been any wound on his head at that time I think I must have seen it; I did not see anything of the kind.

JOHN SULLIVAN . I live at No. 11, Rowan-street, Greenwich. On 17th Oct., about half-past 1 o'clock in the morning, I was going along London-street, and saw a mob of people standing round Mr. Orchard's door—I went up and saw Evans on the ground; his nose and mouth were bleeding—he was sitting up against the door—I tried to shake him, and could not make anything of him at all; I could make no sense of him—a little water was sprinkled in his face—I then took his cap off and wiped his nose and mouth, and said, "Get some more water and it it might bring him to a bit"—some man standing by, said, "Get a pail or a gallon, and drown the b—"—Hockley was standing alongside—I said, "It will be a bad job for for you if the man was to die"—I said so to all of them; and Hockley said, "It would have served him d—right, if I had killed him on the spot"—I said, "If you all go away and leave him a little while, perhaps he will get up and go home; this is generally the way he has got after he has been drinking."

Cross-examined. Q. Do you know any assembly at Greenwich, called the Forty Thieves? A. I can put up with your jollying; go on—I should say I do not know anything about the Forty Thieves—I have seen it acted at a play—I never heard of it at Greenwich—I never, to my knowledge, heard of a set of men there called the Forty Thieves—I swear that—I have got nothing to do now—I was last employed at Mr. Wynn's, the Greenwich saw-mills, about five weeks ago; he gave me three days' work—before that, I was with Mr. Cockerell, about eight weeks ago—I was jobbing there at different times—I might be there three or four days, in different weeks—I have been once in custody, and only once; that was for being drunk—I am certain I have not been in custody for nothing else.

WILLIAM SMITH . I am a cow-keeper, and live at Greenwich-marshes. On the morning of 17th Oct. I was in the London-road—I had been trying to buy a load of grains, and was returning home, just after 1 o'clock, in company with a lad named Chapman—when I got to Mr. Orchard, the cook's, shop door, I saw two men rush at each other; they had a good struggle and both fell down in the gutter—I did not know either of them before—one of them got up; the prisoner is the man—when he got up he walked round the other man that laid in the gutter, and kicked him on the right side of the head and the left side of the body; and he said to us, "That is the man that has got so much to say"—I was not very far from them when this occurred; I cannot tell how far—he kicked him first on the right side of the head, and then went round him and kicked him on the body; it was a very hard blow—I saw Toinby on the other side of the road with a lantern; I did not know his name then—we were going away as he came across the road—he did not come up—the one man had kicked the other before Toinby came up—I did not see what afterwards became of the man that was kicked—when I left him he was lying where he fell, in the gutter.

Cross-examined. Q. You were examined before the Coroner? A. Yes; I was waiting in London-street, to buy a load of grains as they came from London—I had been waiting with Chapman, trying to buy a load—they came from London in the middle of the night—I buy them of the carmen—they do not rob their masters—sometimes their masters tell them to

sell them on the road—I had not just come from the Surrey Theatre—I had not been to the Surrey Theatre that night—I had been waiting for the grains some time—I cannot tell exactly how long; I should think half or three quarters of an hour—we had been on the road a good while, up by the railway terminus—they were not coming by rail—we had been to a concert a little while; it was at Mr. Mitchell's—I cannot tell what time we left there—we went there about 8 o'clock—it lasted till 11 o'clock—we came away as soon as it was over—between 11 and 1 o'clock we were waiting for the grains—we were half an hour at the terminus-—we were walking about on the road—we did not stand still—I was before the Coroner—I do not know whether I was examined after the surgeon—I heard the surgeon reading two or three times—I did not hear him examined the first time—he gave an account about the wound in the head—I think that was before I gave my evidence—I do not know exactly—I will not say one way or the other—I know Mr. Phillips—I was not expecting the grains by his cart—I have had grains by his cart and a good many more—I have seen Mr. Phillips here to-day and yesterday—I did not say to Mr. Phillip, "I hope you have not come here to say that we did not expect any grains from you"—it was not from him that I expected them—Mr. Phillips is a respectable man—I did not, that I know of, say that to Mr. Phillips,—I do not know now that I did not say it—I told him I expected a load of grains—I did not say I hoped he had not come here to say that I did not expect any—I told the Coroner's Jury what I thought the man who kicked the deceased had on—I said he had carroty whiskers—I said I thought he had a short jacket on, but I would not swear to it—I said he had no hat on—he had no hat on—I did not hear the Coroner desire Sullivan to be brought in, and say, "Why, that man exactly answers your description"—I never heard him send for Sullivan—I did not see Sullivan—Mr. Toinby was pointed out to me.

COURT. Q. Did both the men go down? A. Yes, one on the top of the other—I did not know either of them—it was a fine night—I was about as far from them as a quarter the distance across this court—there were no other persons there but me and Chapman, and the two men that were fighting, and Toinby—I did not see any body else.

GEORGE CHAPMAN . I live at East-place, Greenwich-marshes; I work at a wire rope factory. I was with Smith on the morning of 17th Oct., in London-street—a little after 1 o'clock, I saw the two men struggling, and I saw them both fall—Evans's head fell on the kerb, and his body was lying like in the gutter—Hockley fell on the top—he got up—Evans continued to lie in the gutter—when Hockley got up, he said, "That is the man that has got so much to say;" and we both walked on—Hockley got up, and kicked Evans on the left side of the body and right side of the head—it was rather a hard blow—he first kicked him on the left side, and then walked round and kicked him on the head—it was the prisoner who did this—I was about three or four yards off—I did not see any other persons, but the man on the other side of the way with the lantern—he came up after we had Been the kick, as we were going away—I did not see what became of the man afterwards.

Cross-examined. Q. Were you waiting for grains? A. I was with Smith, waiting to see if we could get some—we had been walking about—we came out about half-past 11—I came from my own house at that time—Smith and I live within about three yards of each other—we were together at half-past 11—I leave off work at 6—Smith had been doing his cows up, and I went over to the shed to him—we did the cows up, about half past 9—we

then went in doors and washed ourselves, and stayed there till we went out at half-past 11—I never heard of any fellows in Greenwich called the Forty Thieves—I do not know Sullivan—I saw him at the inquest, he was not pointed out to me—I did not see him pointed out to Smith by the Coroner—the man who gave this kick had on something that was short in front—whether it was a jacket or a coat I do not know—I said I thought it was a jacket.

COURT. Q. What sort of a cap did the man wear who was left on the ground? A. I did not notice—he had nothing on his head when he was kicked, I am sure of that—I did not notice anything; it was dark in the gutter.

ROBERT SNELL (policeman, R 132). About 2 o'clock in the morning of 17th Oct, I was spoken to by a woman; in consequence of which I went across the road, and saw the deceased lying down across the footpath, on his face and hands—he was about thirty or forty yards from Orchard's shop—I knew him, and spoke to him, and he answered me—I saw that he had a wound on the right side of his head; it was bleeding; the blood was quite wet, and was then running down—I did not perceive that the nose was bleeding; that had got dry—I conveyed him to the end of my beat—Tagg and another constable then came up," and they conveyed him to the station—he walked, with our assistance—I did not ask him any questions after T first spoke to him—I left him with Tagg and the other constable.

Cross-examined. Q. He was quite alone when you found him? A. Two females had given the alarm to me—it was soon after 2.

JOHN HURLEY re-examined. When I left the man he was sitting up on the footpath, on the kerb, next to Orchard's shop, close to it—he had on a coat and hat.

ROBERT SNELL re-examined. When I saw him he was on the opposite side of the way—he must have got up, crossed over the road, and gone thirty or forty yards after the people had left him.

EDWARD DOWNING . I am a surgeon—about 7 o'clock in the morning on 17th Oct., I went and saw the deceased at his own house—my assistant had previously seen him at the station—he was in a collapsed and sinking state, through exhaustion—he died in the course of the afternoon—I afterwards made an examination of the body—the cause of death was an extravasations of three or four ounces of blood between the membranes of the brain—there was a contused lacerated wound, about two inches in length, on the right side of the head, which extended to the occipital—that might have been produced by a kick, or by a fall—there was also a slight abrasion on the left arm and right thigh.

NOT GUILTY .

Before Mr. Recorder.

Reference Number: t18541127-114

114. ZACHARTAH BULPITT and SAMUEL HAWKE , stealing 1 cwt. of middlings; the goods of Peter Mumford and others.

MESSRS. CLARKSON and SIMON conducted the Prosecution.

SAMUEL PRETTYMAN MUMFORD . I carry on business as a miller, in partnership with my father, Samuel Mumford, and my uncle, Peter Mumford, in the Greenwich-road—Bulpitt has been in our employ, as foreman, about six years of the time—our counting house is thirty yards away from the mill—Bulpitt's duty was to be in the mill—his duties were, to see to the general working of the mill, and to deliver goods to customers that came for goods—when a customer comes wanting goods, he comes into the counting house, which is away from the mill; if he wants bran, for instance,

he asks for bran; the clerk in the counting house writes a ticket, which is taken out of this book, for the goods which the customer asks for—the ticket is, "Deliver to Mr.—, four bushels of bran," and a counterpart is written here—one part is torn out and given to the customer—he takes it up to the mill, delivers it to one of the men appointed to deliver goods, and it is the duty of that man to take this ticket and enter it in thin book, which they keep at the counting house in the mill; they put the folio of this book in the ticket, and then deliver the goods according to the ticket which the customer has—Hawke has been a customer of our firm—this green book is kept at the counting house in the mill, in the custody of those men that are in the mill, whose duty it is to attend to the customers—there are three, Bulpitt is one of them—Hawke has been in the habit of coming there for years, I cannot say exactly how long—on 19th Oct. Hawke came to the counting house about 20 minutes before 1—I heard him ask Roper, the clerk, for four bushels of bran—the clerk wrote the ticket for four bushels of bran, and said, "2s. 9d." and Hawke paid 2s. 9d., and the clerk gave him the ticket—Hawke then went into the mill—after he was gone, for some reason I had walked down the yard, and stood at the door of the engine house—after Hawke had had his goods delivered to him, he drew close to me, and through a hole in the sack, about a foot from the bottom, I saw that he had not got bran in it—the yard being Mocked by other teams, his cart was stopped, and as I walked by I put my hand into the hole in the sack, and took out these middlings—I did not stop Hawke on that occasion; I took no notice—there was only one sack in his cart—Bulpitt was in the mill on that Thursday, between half past 12 and 1—there was no other delivery man there besides Bulpitt at that time—I put my thumb and finger into the hole in the sack—it was not necessary to put my hand in to see that it was middlings—I could see through the hole, and I took out a pinch—Bulpitt was the only delivery man in the mill between half past 12 and 1; that was the time Hawke came on both occasions—according to the regulations of the mill, Bulpitt would be the only man there—the other men had all gone to their dinner—I speak from the general conduct of the business—I saw Bulpitt in the mill—on Saturday, 21st Oct., Hawke came again, about 20 minutes to 1—he came to the counting house, and asked Roper, the clerk, for four bushels of bran—Roper wrote the ticket for four bushels of bran, and said, "4 bushels of bran, 2s. 9d.," and he took the 2s. 9d.—it is the duty of the man, after he has booked the ticket in the green book, which is kept in the counting house in the mill, to deliver it to the customer again—I have since seen those tickets—we found Thursday's ticket upon Hawke when we searched him at the station—Saturday's ticket was left in the mill in the green book, and we found it there—after Hawke received his ticket he took it down to the mill, and I saw Bulpitt deliver a sack to Hawke—he dropped it down on a stage about the height of the cart, and Hawke took it off and put it into his cart—he then drew away, and went away some distance—I stopped him in Deptford Broadway, which is about as far from our mill as from here to Ludgate-hill—I said, "Hawke, what have you got there?"—he said, "I don't know, Sir; something heavy"—I said, "Well, then, you had better come along with me to the station house"—I took him to the station, and he there said he did not know what he had got—on examining we found he had got middlings—I have a sample of it here (producing it)—this is not what I took out of the sack, but it is exactly the same—I then gave him into custody—he went with me to the station without any officer—there was a

constable in the street who was off duty, and did not seem inclined to take the charge, and Hawke said he would go with me, which he did—when we got to the station, the police sergeant there asked him whether he had any middlings at home, and he said he had none—an hour or so after, I went into the mill to see whether Bulpitt had entered the Saturday's ticket in the book—I waited for an hour, to give him a good opportunity to enter it—I found that it was not entered, and I waited still longer; and about 4, Cook, another delivery man, seeing the ticket lie in the book and not entered, took upon himself to enter it—it was about 2 o'clock when I first looked at the book—about half past 6 we called Bulpitt into the counting house, and in the presence of a constable we asked him what he had delivered to Hawke that day—he said he had delivered middlings—I said, "How came you to deliver middlings?"—he made no reply—I said, "What did you give Hawke on Thursday?"—he said, "I cannot remember"—I then gave him into custody.

Cross-examined by MR. BALLANTINE. Q. Who wrote the tickets that have been produced? A. Roper—the first ticket was also entered in the book by Bayne, another delivery man, but Bulpitt delivered the goods; I saw him do so on the second occasion, not on the first—the tickets were entered contrary to our orders—our orders are, when a customer takes a ticket to the mill, that the delivery man should enter it in the book—the entry in the book should be the entry of the person who delivers—he also enters the folio of the book on the ticket—the ticket I have in my hand has folio 446 on it; that is Cook's writing—Bulpitt's handwriting does not appear on any of the documents.

Cross-examined by MR. CLARLSON. Q. If Bulpitt had delivered other parcels of goods, was it his duty to have entered them? A. It was.

JOHN ROPER . I am a clerk in the employ of Messrs. Mumford, the millers. On 19th Oct., Hawke came to the counting house, and asked for four bushels of bran, he paid 2s. 9d. for it, and the same on 21st Oct.—these (produced) are the tickets I wrote out on those occasions.

Cross-examined by MR. BALLANTINE. Q. I believe the business is a very large one? A. Yes—I do not go down to the mill, I am at the counting house—I know that there is a great pressure of business.

JOHN COOK . I am delivery clerk at the mill—I know nothing of the transaction of 19th Oct. and on 21st Oct.—I was not in the mill when Hawke came—I have not been there between half-past 12 and 1 o'clock for some considerable time; it was Bulpitt's and Bayne's duty to be there then—Bayne returned at half-past 12 o'clock, and Bulpitt at 1 o'clock—on my return from dinner, I saw a ticket stuck between the leaves of the book with some others; it was for something which had been delivered while I was away—I received my first instructions from Charles Hogan, the foreman, and afterwards from Mr. Samuel Prettyman Mumford—I received the ticket, and entered it to the customer, but I did not deliver the goods.

Cross-examined. Q. Do you enter the tickets of an evening occasionally? A. Sometimes, when we are pressed in business—I sometimes find tickets unentered.

ALFRED MUMFORD . On Saturday, 21st Oct., in consequence of a communication I received, I went into the mill at half-past 12 o'clock, and saw Hawke come there—Bulpitt was there alone as delivery man—Bayne and Cook were not there—there are only three delivery men—Hawke went in the direction of the counting house—Bulpitt was round by the counting house—I stood in such a position as to see that he did not go near the

bran—I was in another part of the building, what we call the new mill, looking through a doorway—the middlings are at one end of the mill, and the bran at the other—neither Bulpitt nor Hawke went to the place where the bran was deposited—I could see that place from the beginning to the end of the transaction—I saw Bulpitt take a sack from the delivery door on to the stage, and deliver it to Hawke into his cart; he dropped it down on to the second stage when Hawke reached it.

COURT. Q. Where did the empty sack come from, was it one of yours? A. Hawke brought it—when I found that they did not come near the bran, I went to the window, and saw this—four bushels of bran are worth 2s. 9d.; a cwt. of middlings is worth 8s.—we sell bran by weight, and middlings by measure—the bulk of four bushels of either would be as near as possible the same.

JAMES BURNTHALL GILL (police-sergeant, R 28). On Saturday, 21st Oct., Mr. Mumford brought Hawke to the station house, and said that he believed he had something in his sack improperly obtained from his premises—I asked Hawke what he had got in his sack; he said, "I do not know, it is something heavy"—the sack was taken out of the cart, and found to contain middlings, a sample of which I produce—I asked him if he had any middlings at home; he said, "No, I have not"—I said, "Have you received any middlings before in mistake for bran?" he said, "No, I have not"—I took him in charge, and sent a constable to his house.

COURT. Q. Did he say where he lived? A. Mason-street, Old Kent-road—there is no number, but he has lived there forty years.

ALEXANDER RUDDICK . (policeman, R 264). On Saturday, 21st Oct., in consequence of directions from the sergeant, I searched Hawke, and found in his pocket a ticket for four bushels of bran, value 2s. 9d.—he said that he was not aware that it was there—I searched his house in Mason-street, New Cross, and found about half a bushel of middlings in a bin—I put it into a sack—when I took them out of the bin, I found a finer description of middlings at the bottom of the bin—it was not mixed; the other was shot on top of it—I found no bran.

COURT. Q. Who was living at the house? A. Hawke's daughters, I understood—I knocked at the door, and saw a young woman who said that it was Hawke's house, and while I was searching, two young men came home, and asked where their father was—I said, "He is locked up at Greenwich station"—they went to the station, and I met them coming back with the donkey and cart.

ALFRED NEWBLE (police-sergeant, R 37). On 21st Oct., about half-past 6 o'clock in the evening, I was sent for to Mr. Mumford's mill—Bulpitt was called into the office, and Mr. Samuel Prettyman Mumford asked him if he had served a man named Hawke, of New Cross, that day; he said, "Yes"—he was asked, "What with?" and said, "One cwt of middlings"—Mr. Mumford said, "How came you to serve him with middlings, when his ticket stated bran?" he made no answer—Mr. Mumford asked him whether he remembered serving the same man on the 10th, the Thursday before; he said he did not recollect—he was given in charge.

(The prisoners received good characters.)

BULPITT— GUILTY .— Confined Eighteen Months.

HAWKE— GUILTY .— Confined Fifteen Month.

SURREY CASES.

Before Mr. Common Serjeant.

Reference Number: t18541127-115

115. CHARLES JAGGERS and CATHARINE BECKETT , unlawfully having in their custody a mould for casting counterfeit coin: to which

JAGGERS PLEADED GUILTY . Aged 27.— Confined Two Years.

BECKETT PLEADED GUILTY . Aged 22.— Confined Eighteen Months.

Reference Number: t18541127-116

116. ELIZABETH FREEMAN alias BROWN , unlawfully uttering counterfeit coin: to which she

PLEADED GUILTY . Aged 28.— Confined Eighteen Months.

Reference Number: t18541127-117

117. BENJAMIN HILLYER and SOPHIA WITHAM , unlawfully having in their possession a mould for casting counterfeit coin.

MESSRS. SCRIVEN and LILLEY conducted the Prosecution.

JAMES BRANNAN , (police inspector, G). On Friday, 29th Oct. I went to No. 10, York-street, London-road, with three officers—the street door of the house was open; I went in and proceeded to the back room on the first floor—the room door was open; I went in and saw the prisoner Hillyer come from the fire-place—the officer, Evans, called out, "Don't let that man go"—Hillyer had his shirt sleeves tacked up and was coming from the fire—there was a clear fire in the grate—I pushed him back into the room—I saw one shilling melting on the fire, in an unfinished state—Neville came into the room and I gave Hillyer into his custody—at that time I saw Witham come from a little oval cupboard under the back window—I gave her to sergeant Brown—I examined the cupboard and found this zinc battery plate, a cylinder, and a piece of copper wire—the cylinder was all wet and the coals—I went to the grate and found this ladle with white metal in it, very hot; almost in a state of fusion—I found on the table this saucer, with wet sand in it; this file, with white metal in its teeth; and this mug, containing sand and water—on the window sill I found a saucer with black composition in it, and under the grate a small portion of white metal, very hot—while I was searching the room, Evans brought in two plaster of Paris moulds; one was for casting two shillings at a time—they were broken and very hot—Hillyer said, "I don't live here; I live in Tyers'-gateway, Bermondsey"

JAMES NEVILLE (policeman, G 152). I went on 29th Oct. to No. 10, York-street, London-road—I followed the inspector into the back room on the first floor—he gave the prisoner, Hillyer, into my custody—after the room had been searched, I took both the prisoners to Stones'-end station, in the Borough—while we were in the cab, some one in the street called out, "Ben, have they got you to rights?"—Hillyer answered, "Yes; too right for me."

THOMAS EVANS (policeman, G 145). I accompanied the two last witnesses—when I entered the room where the prisoners were, I saw the prisoner Hillyer pass a small parcel to Witham, like a white rag, and Witham momentarily put her hand through a broken pane of glass, and threw the parcel out of the window—I saw her hand when she drew it in again, and it had nothing in it—I called to the inspector, "Don't let the man go;" and I went down to the back yard, where I found a small parcel, tied in a white rag, on a shed under the window through which Witham had put her hand—I knew that by the window being broken—the parcel

contained two plaster of Paris moulds, broken and very hot; they were for casting shillings—I took them up to the inspector, in the back room, and found Hillyer in custody.

Witham. It is false; I was washing myself in the room; I was not near the window.

THOMAS RICHARDS (police sergeant, M 10). I went with the other officers—I saw Hillyer's left arm through a broken square of glass; pretty well up to his shoulder—I left the room, and returned without having found anything—when I took the prisoners to the police station, I met Hallett, who gave me this handkerchief and 44 counterfeit shillings tied in the corners of it—when I saw Hillyer put his hand out of the window, his sleeve was tucked up.

JAMES HALLETT . I live at No. 9, York-street. On 29th Oct., between 12 and 1 o'clock in the day, I was coming out of the water closet—I stood for some minutes, and while there I saw a handkerchief come from the back room window of the next house; it was thrown sideways by a naked arm—when the handkerchief fell, I went and picked it up—it had burst and shot the coins out—the coins were tied in both corners; one lot in one corner and one in another—about 12 pieces fell out—I took them up, I did not count them—I gave them to Sergeant Richards.

WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. These two moulds are for casting shillings—each mould will past two at a time—one mould is perfect; the other is imperfect—these forty-four shillings were cast in those moulds, some in each of them—these other articles are all used in manufacturing counterfeit coin—this sand is for rubbing them over—this is the plate of a galvanic battery.

Hillyer's Defence. I went to the room for a clean shirt, and stopped to wash myself; I was not aware what was in the room.

Witham's Defence. This young man asked me to wash his shirt, and I did so; that is all I know of him.

HILLYER— GUILTY . Aged 24.

WITHAM— GUILTY . Aged 19.

Six years' Penal Servitude.

Reference Number: t18541127-118

118. WILLIAM JONES , unlawfully uttering counterfeit coin: to which he

PLEADED GUILTY . Aged 23.— Confined Twelve Months.

Reference Number: t18541127-119

119. JAMES BEADLE was indicted for a like offence: to which he

PLEADED GUILTY .— Confined One Year.

Reference Number: t18541127-120

120. JAMES PITTARD was indicted for a like offences: to which he

PLEADED GUILTY . Aged 16.— Confined Twelve Months.

Reference Number: t18541127-121

121. THOMAS FREEMAN was indicted for a like offence: to which he

PLEADED GUILTY . Aged 22.— Confined Two Years.

Reference Number: t18541127-122

122. JOHN ANDREWS , feloniously uttering counterfeit coin.

MESSRS. SCRIVEN and CLERK conducted the Prosecution.

DANIEL ROWBOTHAM (policeman, A 489). I produce a certificate of the prisoner's former conviction—(read:—"Central Criminal Court; John Andrews, convicted, Jan., 1833, of unlawfully uttering counterfeit coin; confined twelve month")—I was a witness in that case, and had him in custody.—he is the person who was convicted.

ELIZA GEROGE . On 3rd Oct. the prisoner came to my shop for a halfpenny

worth of apples—I served him—he gave me a shilling—I gave it to my husband to try—he tried it in the detector, and it bent—I went for an officer, and saw my husband give the shilling to the officer.

Prisoner. You put the shilling in your pocket. Witness. No; I gave it to my husband—he did not bite it; he bent it with the detector.

THOMAS GEDGE . I am the husband of the last witness. On 3rd Oct. my wife gave me a shilling—I tried it with the detector, and bent it—I detained the prisoner, and gave him to the officer—I held the shilling between my thumb and finger till I gave it to the officer.

Prisoner. Where did you stand when you bent it? Witness. In the parlour, by the fire-place—I sat with my face towards you—my wife did not put the shilling into her pocket.

JOHN COLE (police sergeant, B 50). I took the prisoner on 3rd October—I produce this shilling, which I received from Mr. Gedge—the prisoner gave his address at No. 34, Union-street, Borough—I was inquiring there the whole day, and could not hear anything of him there—I found nothing on him—he was remanded and discharged.

MEDDY BISHOP . I keep a general shop—On 30th Sept. the prisoner came for some tea and sugar, and other articles—he tendered me half a crown—I gave it to my husband in the back parlour—he looked at it, and gave it back to the prisoner, and told him it was bad—the prisoner did not pay for what he had bought—he left, and said he would return—on 14th Oct. the prisoner came again for half an ounce of tobacco—he offered me a shilling—I knew him again instantly—I gave the shilling to my husband, and sent for a constable.

WILLIAM BISHOP . I am the husband of the last witness—I recollect on 30th Sept. seeing the prisoner in the shop when my wife called my attention to the half crown—it was the prisoner, I am certain—I examined the half crown—it was bad—I gave it to the prisoner back again, and told him it was bad—he said he had just taken it of his master, and he would take it back to him at once—he had purchased some things, which he left there—On Saturday, 14th Oct., I was at home, and in the room when the prisoner paid my wife for the tobacco—she brought me a bad shilling—I went into the shop, and told the prisoner he had been there before, this was not the first time, and I should detain him—I sent for a constable, and gave him in charge, with that shilling—the prisoner denied ever having been in the shop before.

HENRY HUTCHINGS (policeman, P 308). I took the prisoner, and received this shilling from Mr. Bishop—I found nothing on the prisoner—he would not give his address.

WILLIAM WEBSTER . These shillings are both counterfeit, and from the same mould.

GUILTY . Aged 21.— Four Years' Penal Servitude.

Reference Number: t18541127-123

123. SARAH ANN KING was indicted for a like offence.

MR. SCRIVEN conducted the Prosecution.

ELIZABETH GREEN . The prisoner came to my shop on the evening of 4th Nov., to purchase two four penny brushes; she gave me a half crown; I gave it my husband, and he put it in the detector and broke it nearly in two—he said to the prisoner, "This is a bad one;" she said, was it; she did not know it, her husband took it for his wages—my husband gave her the half-crown; she went away and said she should come back again—while my husband had the half crown it was not out of my sight.

Prisoner. You are mistaken, I was not there that evening.

ALBERT JOHN GREEN . I saw the prisoner at my door on 4th Nov.; I have no doubt she is the woman—I received the half crown from my wife, and broke it nearly in two in the detector—I took it to the prisoner, and said, "Do you know this in bad?" she said, "No; my husband took it for his wages"—I gave her the piece, and told her he had better take it back.

AMELIA TILLETT . I am barmaid to Mrs. Sinclair, who keeps the Windmill, in the New-cut—on 4th Nov. the prisoner came for change for a half crown—she gave me a half crown; I gave it to a young man, and an officer was sent for.

ALEXANDER M'INTOSH . I am barman at the Windmill. On 4th Nov. the last witness gave me a half crown—it was bad—the prisoner was at the bar—I asked where she got it—she said her husband got it for his wages—I sent for an officer, and gave the prisoner into custody, and gave him the half crown.

JOSEPH JONES (policeman, L 151). I took the prisoner, and received from the last witness this bad half crown.

WILLIAM WEBSTER . This is a bad coin.

Prisoner's Defence. It was one my husband gave me when he came home.

GUILTY . Aged 21.—Recommended to mercy by the Jury.— Confined Six Months.

Reference Number: t18541127-124

124. CHARLES DANIELS was indicted for a like offence.

MR. CLERK Conducted the Prosecution.

SELINA SHORT . My husband is a victualler, of Rotherhithe-street. On 18th Nov. the prisoner came, between 11 and 12 o'clock in the evening—he asked for a pint of porter—he gave me in payment a Victoria sixpence—I was very busy, and it did not strike me it was bad—I put it into the till—I am quite sure I saw what the reign was—there was other silver in the till—the prisoner went into the tap room, and drank the porter—he afterwards came back for some more, and offered me a sixpence, precisely like the other—that was about ten minutes after he had come the first time—I had been serving other persons in the mean time, but I had taken no silver—I had not put any other silver into the till, I am quite certain—when he gave me the second sixpence, I said, "I don't think this is a good one; you gave me a sixpence before; why do you not give me 2d. for the porter out of the change I gave you?—he said, no, he gave me a 2s. piece; he had not given me a sixpence—I told him I was confident when I looked into the till I should find the other sixpence bad—I looked into the till, and I found a Victoria sixpence—there were five other sixpences there, all old ones—there was not one other Victoria sixpence in the till—I bent both the sixpences, one very much more than the other—after I had bent the second sixpence, I put it on the counter, and the prisoner took it up, and went with it into the tap room to speak to some one—I followed him in immediately, with the first sixpence in my hand, and said, "I demand that sixpence that I bent and gave you back"—the prisoner said, "This young man is looking at it"—(there was a young man by his side, who had a sixpence in his hand)——when I demanded the sixpence, he gave it me—it was the same sixpence that I had bent—I put both the sixpences into my husband's hand, and the prisoner was given into custody.

Prisoner. Q. How many times was I served in your house? A. Twice—there was another sixpence brought to my house, after you were gone, by a man who had been in company with you—he came, and threw down a bad sixpence on the bar, and said, "I will thank you to give me a good

sixpence for this, which I took at your house"—I said it was bad, and it was exactly like two others which I had taken—he went into the tap room, and said, "My good men, you had better take care what you are about; they are passing bad money here"—he went to the station, and spoke about it there; and the inspector said it was very odd that this should be the same sort of coin as the other two which had been offered before.

DAVID SAMUEL SHORT . I received two counterfeit sixpences from my wife that Saturday night—I sent for a constable, and gave the prisoner into custody—I went to the station, and gave the two sixpences to the constable.

GEORGE WINTER (policeman, M 252). I took the prisoner, and took him to the station—I received these two sixpences from Mr. Short—I searched the prisoner, and found 6d. worth of halfpence in his pocket, and a bad shilling in his right stocking—I asked him how it came there—he said he did not know it.

WILLIAM WEBSTER . These two sixpences are both counterfeit, and from the same mould—this other sixpence, which was brought by the man to the station, is bad, and from the same mould as the others.

Prisoners Defence. If I had meant to pass bad money, I should not have gone in the tap room; I should have gone out of the house.

GUILTY . Aged 19.— Confined Twelve Months.

Before Mr. Baron Martin.

Reference Number: t18541127-125

125. THOMAS GOUGH , unlawfully cutting and wounding William Tripp.

MR. PLATT conducted the Prosecution.

WILLIAM TRIPP . I am an iron moulder, and live in Lizard-street, St. Luke's. On the night of 13th Oct., I and my wife were at the George public house, at Bank-side, Southwark—the prisoner was standing there with a female, and some filthy conversation was taking place between them—it was so filthy, that I told them they ought to be ashamed of themselves for using such language where decent people were—the female appeared very angry at that, and tried to claw at my face—I had not touched her—I only put my hand towards her, to shove her away; but I did not touch her—on my doing that, she turned to the prisoner, and said, "Tom, he has struck me"—upon hearing her say that, the prisoner came and struck me in the face—I returned the blow, and we had something of a fight for three or four minutes—at the termination of the fight, I felt a violent blow in my side—I went into the parlour, and could hardly draw my breath—I afterwards found that I had been stabbed, just in the loins—it bled a little—some brandy stopped it—I was attended by a surgeon—the wound was dressed in the parlour—it was a sort of dagger wound—it was a stab, rather a deep wound—after being attended by a surgeon, I went to the hospital, and was there four weeks and three days—I feel the effects of it now, and I am afraid I always shall.

Cross-examined by MR. LILLEY. Q. Was the prisoner sober? A. He was not exactly sober; he had been drinking—I was sober; I had only had one pint of beer—after the woman came to me and abused me, I shoved her away—I did not touch her to hurt her, and she cried out, "He has struck me"—she was in company with the prisoner—the wound was in my loins on the left side—I was not able to look at it—I had not known the prisoner before—he was in the house when I went in.

EMMA TRIPP . I am the wife of the last witness. I was with him at the George on 13th Oct., between 7 and 8 o'clock—the prisoner was there with a woman when we went in—they seemed to have been drinking—they were

rather the worse for liquor—some filthy words took place and my husband said it was disgusting, and told them to leave off—the female turned round to claw my husband, and he put out his hand to keep her away from his face—he did not strike her—on that she turned and said to the prisoner, "Tom, he has struck me"—the prisoner struck my husband, and they fought for about three minutes—I plainly saw an open knife in the prisoner's right hand—very shortly after that my husband went into the parlour and sat down—I found him there wounded—he had been stabbed; I saw the wound.

Cross-examined. Q. You said you could not tell what the prisoner had in his hand? A. Not at the time—I did not know till it was over.

MR. PLATT. Q. Did you see the knife or not? A. Yes, I did see it.

COURT. Q. Did you see the knife in his hand? A. Yes, when they were fighting together—I saw the wound in my husband's side—it was a kind of dagger wound—I should think it was about an inch deep and about the same width—it did not bleed a great deal, but it did bleed.

JOHN MOORE . I am an iron moulder; I live at the White Horse in the Commercial-road. I was at the George that night—I saw the prosecutor and his wife there and the prisoner and a female—I saw the prosecutor and the prisoner fighting together—I saw this knife in the prisoner's hand—it was open, just the same as it is now—that was after they had had the struggle; the prosecutor had just got into the parlour—I heard the prisoner say when he had the knife in his hand, "If he comes nigh me I will shove this knife into him," and he made a movement with his hand—he pushed his hand along—I afterwards saw the knife picked up in Clint-street, which is about 100 yards from the George, by a young man who gave it to the policeman.

Cross-examined. Q. Who was in the bar firs? A. The prisoner—he was the worse for liquor—I saw the scuffle; I stood against the door—I did not see anything in the prisoner's hand at that time—I saw the woman that was with the prisoner—they were using disgusting language.

NICHOLAS MOLLOY . I am an iron moulder, and lodge at the George—I was present on the night of 13th Oct.—I saw the prisoner and the prosecutor fighting together—directly after they got parted, I saw a knife in the prisoner's hand; it was open—I laid hold of his hand and said to him, "Thomas, shut up that knife," and he dried it on his trowsers like this (drawing his hand across his thigh), closed it, and put it in his pocket—I observed that there was blood on it—I went in the parlour and saw the prosecutor; he was stabbed—I saw the knife given to Lloyd by a young man—I do not know where he got it from.

JOHN LLOYD (policeman, H 184). I received charge of the prisoner on the night of 13th Oct.—I produce this knife which I received in the George, from a young man, a moulder, in the same house—I did not see it picked up.

Cross-examined. Q. Did the party who gave it you, come from out of the street? A. Yes.

GUILTY . Aged 27.— Confined Twelve Months.

Reference Number: t18541127-126

126. GEORGE STANLEY , stealing on 23rd Aug., 1 watch, value 10l., and on 18th Sept., 1 watch, value 1l., the goods of John Carter, Esq., his master.

MR. GIFFARD conducted the Prosecution.

FRANCIS DAVID WOODCOCK . I am assistant station master at the South

Eastern Railway, at London-bridge—I know the prisoner—he has been shopman to Mr. Alderman Carter for some time, in Tooley-street—I took a gold Geneva hunting watch to the prisoner to be repaired, at the latter end of August—the cylinder was broken—the prisoner told me it would cost from 1l. to 25s.—he told me it required a new cylinder—I called for it on several occasions—I called in about a fortnight or three weeks—the prisoner stated on one occasion that it was not done—on a subsequent occasion he showed me the watch, and said he thought it would not go to satisfaction, it required further seeing to, and it would be done in a short time—he said it was to go to Cornhill—he told me he had spoken to Alderman Carter respecting the expense, and that Alderman Carter would see and settle the expense—I have never received the watch.

Cross-examined by MR. METCALFE. Q. About the 23rd of August you took it? A. Yes; about a fortnight afterwards I called again—I called nearly every day when I passed—it was at the latter end of Sept. or the beginning of Oct, when he showed me the watch, and said it would not go to satisfaction—he said it would have to go to Cornhill and receive further repairs.

Q. Are you quite sure he said the watch was to go to Cornhill; did he not say that he should have to go? A. I understood him that the watch was to go to Cornhill; that was my impression—I did not see other men in the shop during the time I was there with him.

JOHN CARTER , Esq. I am an Alderman of London, and carry on business as a chronometer maker—I have one house in Cornhill and another in Tooley-street—the prisoner was in my employ—he had the management of the shop in Tooley-street—it was his duty to keep a job book of the repairs done in Tooley-street—this is that book—here is an entry under the date of 23rd Aug. in the writing of the prisoner: "Mr. Woodcock, gold Geneva hunter, horizontal, No. 3356"—I have searched my stock in Tooley-street and at Cornhill for a watch corresponding with this entry—I cannot find any—the prisoner did not speak to me in Sept. about Mr. Woodcock calling on me and settling with me about the expense—I never heard the thing mentioned.

Cross-examined. Q. I suppose you do very little work yourself? A. I supervise the work—I have a superintendent at Cornhill, but nothing would be done without my authority—no watch would be brought from Tooley-street to Cornhill without its being first placed in my hand—watches are very seldom brought to Cornhill—if a watch were received in Tooley-street it would not in general be sent to Cornhill—if any extra repairs, or anything particular was wanted, it would be represented to me on my visit to Tooley-street, and I should direct what should be done—I can't say how often I called at Tooley-street in August—I have been once a fortnight or three weeks—I have been as much as a month away, but never since this man has been in my employ—there was only one man employed at Tooley-street, and an assistant to shut up—there was only one man in charge, which was the prisoner—there was a porter who might have access to the shop, but only one who had access to the property in his charge, that was the prisoner—the man's wife might have access to the premises, but they have no access to the property—they have a right to go in the shop—the goods for repair are kept under the control of the prisoner—there is a house, and the porter and his wife live there—people must pass through the shop to get to the upper rooms, and their friends must do the same.

MR. GIFFARD. Q. When did the prisoner come into your service? A. I think at the latter end of March—he and his wife have a furnished room, and remain there.

HENRY STUBBS . I am in the employ of Mr. Alderman Carter, as clock winder, on the South Western Railway. On 18th Sept. I received a silver watch from Mr. Hunt, at Robert's-bridge, to get it repaired at Mr. Alderman Carter's, in Tooley-street—there was in the watch the name of Waddle, of Burwash, which is somewhere near Hastings—I gave that watch to the prisoner, at Mr. Carter's shop—I believe I gave it him twice—after I gave it him the second time I never got it back again.

Cross-examined. Q. When did you first leave the watch? A. The latter end of July—it was a silver lever—I left it again about six weeks afterwards, I think—I left the watch with the prisoner—he knew the watch again—the watch was entered in the first case—it was brought back, as it did not keep correct time—that was about six weeks after the date it was brought first.

JOHN CARTER , Esq. re-examined. I have searched my stock for a silver watch with the name of Waddle, Burwash—there is no such watch.

WILLIAM HUNT . I am station master at Robert's-bridge. I entrusted the last witness with my watch to get repaired—I got it back once—I sent it a second time, as it did not go—I have not got it back since.

EDMUND WALKER (policeman, M 274). On 14th Oct. I was called to the prosecutor's shop, in Tooley-street—I went to the back room on the second floor—I forced the door open, and found the prisoner lying on the bed, with his throat cut—I called in a medical man, and took the prisoner to the hospital—I did not tell him the charge till a fortnight afterwards—he said he did not care about it, he did not care if Alderman Carter gave him seven years, if he would but behave well to his wife.

MR. METCALFE to JOHN CARTER, Esq. Q. Are all the entries in this book in the prisoner's writing? A. To the best of my belief, they are—he was the only person employed to make entries—he had no right to be absent unless some one was there—I understand that usually his wife would be there, but no one else.

NOT GUILTY .

Reference Number: t18541127-127

127. GEORGE STANLEY was again indicted for embezzling 4l. 14s. 6d.; the moneys of John Carter, Esq., his master.

MARY HORSPOOL . I am the wife of Samuel Horspool. I purchased a watch at Mr. Carter's shop, in Tooley-street; the prisoner sold it to me; I paid him 4l. 14s. 6d. for it—I went to the shop again about three or four days afterwards, because the watch stopped—when I got there, the prisoner said the hands had stuck—I afterwards went again with the watch, because the glass kept constantly coming out—that was three or four days after the hands had stuck—I brought it back to my house.

Cross-examined by MR. METCALFE. Q. Did you afterwards take it back again? A. The watch went very well till 18th Sept—I was down in the country—I returned on the 19th—I told the prisoner it had stopped; he set it going, and said, "If it stops again, bring it again"—it did stop, and I took it, and he returned it on the 29th—it was the same watch all the time—it was a gold one—I changed it for a silver one—the prisoner had got some silver watches, and I got a silver one for it—I had the gold one till the 29th Sept, and then I got the silver one—I had been to the shop three or four times—when I bought the watch the minute hand fell to the ground—I bought it on the 16th, and two or three days after I took it

back—I saw the prisoner every time I went—I took it when the hands stopped, and when the glass fell out, and he said he would have the glass ground in—I saw him five or six times—I said if it did not go better, I should have it exchanged, and he did ultimately change it—he lent me a silver one to take home—he was to get some open faced watches and some hunting watches for me to look at—he had only got a hunting watch—I was not satisfied—he said he would bring me some—he let me have a gold one, with a silver dial, to show my husband—on 10th Oct. the prisoner brought two open faced ones—my husband proposed my having the one with silver figures, and the prisoner would have to return me 10s. 6d.—he took all the four watches away with him—he brought two, and two I had in the house; he said he must take them all back—on Friday, the 13th, the prisoner came, and said the silver one had failed, he had found it twenty minutes too slow—my husband said, "Let her have the gold one with the silver dial"—he said he would let me have it the following week and the day after that he cut his throat.

MR. GIFFARD. Q. How long had you any one watch in your possession? A. About six weeks; from 16th Aug. till 29th Sept.—I had no thought of exchanging it.

JOHN CARTER, ESQ The prisoner was in my service—it was his duty to manage the shop in Tooley-street—it was his duty to keep books of the transactions in that shop—if a customer bought a watch he should enter it—this is the book which he kept—here is no entry in it, from 16th Aug. till 29th Sept., of any watch sold to Horspool, or to any one else, for 4l. 14s. 6d.—I have carefully looked through the book—he has never accounted to me for that 4l. 14s. 6d.—having received a communication, I went to the prisoner on 14th Oct., and charged him with robbery and embezzlement—I had heard he was in difficulties—I upbraided him with his conduct, and told him I should feel it my duty to give him into custody—he begged me not to do so—I reminded him that this was not the first time he had been in difficulties—he left the room, went up stairs, locked himself in his bed room, and cut his throat.

Cross-examined. Q. Why was not this stated before to the officer, or to any one else, that you had made a statement to him about his previous difficulties? A. I stated it to the prisoner, and told the servant to fetch a policeman, and the prisoner instantly went up stairs and cut his throat—I have occasionally been absent from that place for a month, but I believe not since he has been with me—it was not his duty to account to me whenever I went there, but whenever I chose to ask him—I might be away a fort-night, it was rarely three weeks—I had the fullest confidence in him, and thought my property was safe in his hands—I have been to him since 16th Aug.—it might be once a week—I was there perhaps two or three times in the month—the books will tell the sums I have received from him—I judge, because I do not see the entry in this book, that the money has not been paid—on some occasions money has been offered to me by him, and I said it was not convenient to take it—I believe on the evening before there was a balance of as much as 20l., which I did not take.

MR. GIFFARD. Q. On the evening before, did you enter into an account with him? A. I had occasion to suspect him the day before, and I saw him on the night of the 13th—I did not enter into an account with him—I was engaged with the stock.

EDMUND WALKER (policeman, M 274). On 14th Oct. I was called to take the prisoner—I saw the Alderman in the shop—I went up stairs and broke

the door open—I found the prisoner on the bed with his throat cut—I got a surgeon, and took him to the hospital—a fortnight afterwards I 'told him he was charged with robbery and embezzlement—he stated that he did not care if Alderman Carter gave him seven years, so long as he behaved well to his wife.

GUILTY .— Confined Twelve Month.

Reference Number: t18541127-128

128. ANN KELLY, FRANCES M'ENOFF , and JOHN M'ENOFF , feloniously cutting and wounding William Cain, on his face, with intent to do him some grievous bodily harm.

MR. COOPER conducted the Prosecution.

WILLIAM CAIN . I live in Maypole-alley, High-street, Southwark; I am a bell hanger. On Wednesday evening, 15th Nov., between 6 and 7 o'clock, I went into M'Enoff's house, which is opposite to mine—I there saw my cousin Kelly, and Frances M'Enoff, and John M'Enoff—I was given in charge for a deserter, but I found it out, and I went into their house, and I said to John M'Enoff, that he was b—deceitful for informing against me—Kelly was cleaning some knives—she had some knives in her hand, and I suppose she thought I came in for a row—she up with a knife, and stabbed me in the lip—the husband of the young woman put his hand round me to hold me, and Frances struck me in the head with a knife; that wound bled—I do not know; I suppose he was trying to take his wife away—he struck me several times with a soldering iron, made out of a penny piece—he was trying to keep his wife and daughter away—I do not wish to press the charge against him.

Q. Was that all that happened? A. Yes; he struck me with the soldering iron about the arms, but only I dare say to keep away his wife; I tried to get away—I went down stairs and hallooed out, "Murder!"—I cannot recollect in what state I was, when I came down—I was taken to the hospital—I cannot tell how long I was there; I ran away, and got them out of gaol in the morning—this is the man that has got a family of children, and never had a key turned on him—I am a soldier and have got to go to fight the Russians, and if you will let us shake hands and make it up I will go and fight the Russians—would I have the curse of a family of children in my breast?—this is not the wound they gave me in my face—I hit that against the bed post since.

NOT GUILTY .

Reference Number: t18541127-129

129. GEORGE BURNAND , stealing 1 watch, value 10s.; the goods of Mary Curtis; also, burglariously breaking and entering the dwelling house of Charles Irving, and stealing 1 handkerchief, and other goods, value 4s.; his property; and 1 handkerchief, and other goods, value 15s. 6d.; the goods of Mary Curtis: to which he

PLEADED GUILTY . Aged 16.— Confined Six Months.

Reference Number: t18541127-130

130. JOHN HENRY LYNN , embezzling 34l., 32l., and 33l.; also, 49l. 10s., 26l. 7s., and 87l. 10s. 9d.; the moneys of John Robert Tassett Burnett, and others, his masters: to which he

PLEADED GUILTY . Aged 44.— Confined Eighteen Months.

Before Mr. Recorder.

Reference Number: t18541127-131

131. FRANCIS BORTHWICK , feloniously marrying Emma Jordan, his wife Jane being alive: to which he

PLEADED GUILTY . Aged 29.— Confined Twelve Months.

Before Mr. Baron Alderson.

Reference Number: t18541127-132

132. MARY MACKMANN , stealing 1 cart, and 1 gelding; the property of Samuel John Sewell: to which she

PLEADED GUILTY . Aged 26.— Confined One Year.

Reference Number: t18541127-133

133. JOHN MARSHALL was indicted for b—y.

GUILTY. of an attempt. Aged 30.— Confined Two Years.

Reference Number: t18541127-134

134. CHARLES BROWN , feloniously killing and slaying Charles Nelson; he was also charged upon the Coroner's Inquisition with the like offence.

MR. O'BRIEN conducted the Prosecution.

ELLEN WILSON . I live at No. 31, St. George's New-town, Southwark. On Monday, 30th Oct. I was in company with Elizabeth Hazle at a public house—I don't know the sign of it—the prisoner and Nelson came in, and we afterwards went together to another public house—there was some quarrelling there—we took a cab from there—there were five of us got in; the prisoner, Nelson, my companion Elizabeth Hazle, a man I knew as an Irishman, and myself—we drove into Mint-street, where Hazle lived—we had some drink there, and they quarreled again—the Irishman and Nelson were quarrelling first—Nelson then called Brown a son of a b—, and told him that he was no mate not to take his part—I believe they were shipmates—Nelson then caught hold of the prisoner by the collar or handkerchief, until he was nearly black in the face—upon that I ran for the police—I left the Irishman and the two men in the room—when I came back I heard an Irish girl who lived in the next room, Mary Ready, halloo out that he was stabbed—I went into the room and saw Nelson lying dead on the ground; he was bleeding—there was only Brown, Nelson, and the Irishman in the room—the deceased was lying on his side and a dagger was sticking in his neck; I pulled it out and put it in my pocket, and afterwards gave it to the policeman—when I left the room I left Brown on the bed nearly strangled by the deceased—I can't say that the Irishman was drunk, but Nelson and Brown were very much in liquor.

Cross-examined by MR. CLARKSON. Q. You are an unfortunate female, I believe? A. Yes—the two mates were very drunk at the public house—they had very little at our place—I think the deceased was more in fault—he first began the row with the Irishman at the public house—he afterwards called the prisoner a son of a b—, because he did not join in the row with the Irishman—he called him that twice—the prisoner offered no violence to the deceased at the public house—I do not know whether they had just come from the same vessel—after they got to Hazle's place, the Irishman and the deceased still kept quarrelling and calling one another bad names—the prisoner and deceased were very much in liquor indeed—the deceased at last seized Brown, and threw him down, and hit him several times with a cane—Brown had not done anything to him then—he had caught hold of Nelson in the cab, and told him to be quiet, and not quarrel—we had only been to two public houses—we were in company about half an hour—after they got to our place Nelson kept sparring at Brown, and calling him names—before I went for the police Brown was black in the face—I told Nelson if he did not let the man go I would go for a constable, and he said he did not care one God d—n—he had got Brown on the bed, and was upon him, holding him by the handkerchief—I left him on the bed when I went for the police—as far as I saw, the violence was on the part of Nelson towards Brown, and not of Brown towards Nelson.

MARY ANN RUSSELL . I went into Hazle's room on 30th Oct., between 3 and 4 o'clock—I saw the man, Nelson, on the floor, and the prisoner holding him by the hair of his head with his left hand, and a dagger in his right hand—I tapped him on the shoulder, and said, "Bridle your temper, and don't spill blood on a shipmate"—he did not say anything—Nelson was then lying on his back, with his head against the door—I saw blood upon him—I tapped him on the shoulder, and said, "Mate, you are stabbed," and found that my hand was covered with blood—I saw a wound in his neck—I did not see any weapon in the neck—the prisoner had it in his hand—I saw no blow struck—fie was bleeding from the neck—I went down stairs, and met sergeant Davis at the door of the house—I saw no weapon used.

Cross-examined. Q. You went before the Coroner? A. Yes—I was before the Magistrate, but was not examined—both the prisoner and deceased were very drunk indeed—I do not think the prisoner knew what he was doing, for he was very much excited in drink-—he never spoke a word—I had never seen them before.

MARY READY . I live at No. 3, Harrow-street, Southwark, in the same house as Hazle. On 30th Oct., I saw the prisoner and two other men there—I did not notice them when they came in, but I saw afterwards that they were drunk—I saw them standing up against the mantel-piece, and I thought they were fighting—I heard the deceased say to the prisoner, "You son of a b—;" (that was after Hazle was gone)—he said he was no son of a b—; he said, "I will fight you; I will fight the best of the two, but don't let the two of you come on me together"—I saw the deceased come up and hit him with his right hand in the left breast, and knocked him on the ground—the deceased afterwards stooped down to hit him in the face, and the prisoner caught hold of him with his right hand and said, "Don't hit me while I am down," he then pulled a dagger out of his left hand pocket, and stabbed him in the neck—I only saw him do it once—I then ran into my own room, rose up the window, and screamed out "Murder!" and "Police!"

Cross-examined. Q. Was the deceased using the prisoner with great violence? A. Yes; and calling him very bad names—he hit him three times before he chucked him up against the bed.

WILLIAM DAVIS (police-sergeant, M 15). I was called to the house, and saw the deceased and prisoner there—they were both very drunk—the deceased was bleeding—I asked him what was the matter—he said to Brown, "You should not have stabbed me"—Brown said, "You struck me first"—he said, "I know I struck you first, but you should not have used the knife," or, "dagger"—Wilson gave me this dagger in the prisoner's presence, and said, "This is what he done it with, policeman"—the deceased gave the name of Charles Nelson—when I first went into the room, I found the prisoner and deceased there, and another man was coming down the stairs.

Cross-examined. Q. Are you in the habit of seeing many of these mariners? A. Not particularly; I have seen some of them carry a weapon similar to this—it is a dagger, sharp at both sides—they generally carry a knife with a string; and sometimes carry these things at their side.

WILLIM TIMEWELL (police-sergeant, M 6). I was at the station when the prisoner was brought there—he was very drunk—I read over the charge to him, but he did not seem to understand it—afterwards when he became sober, I called him out from the cell, took him into a room by himself, and read over the charge to him, and he appeared very much surprised—he said, "I know no more about stabbing him than a child born this day."

Cross-examined. Q. Did he say they were shipmates together? A. He did; he said what he had done, he had done in his own defence; but he did not know whether he had stabbed him or not.

JOHN FLINT SOUTH . I am senior surgeon of St. Thomas's Hospital. The deceased was brought there, between 4 and 5 o'clock, on 30th Oct.—he was then very drunk—I examined him, and found a wound on the left side of the nape of the neck, about one inch long; a wound on the back of the blade bone, on the left side of the spine, which was the important wound; a deep wound in the left loin; a superficial skin wound on the outside of the left knee, and two other superficial wounds—he died from wound of the lung—the wound between the spine and blade bone penetrated the lung—I found that afterwards, on a post mortem examination—I have no doubt that was the cause of death—it is very probable that that wound might have been inflicted by a person lying below him, by striking round him over the shoulder—this dagger might produce such a wound.

Cross-examined. Q. The other wounds were not necessarily mortal? A. No—the penetration of the lung, produced collapse of the lung, and caused—death.

GUILTY . Aged 22.—Recommended to mercy by the Jury, an account of the great provocation he received.— Confined One Month Solitary.

ADJOURNED TO MONDAY DECEMBER 18TH, 1854.


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