CENTRAL CRIMINAL COURT.
MOON, MAYOR. SECOND 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, December 18th, 1854.
PRESENT—Right Hon. the LORD MAYOR; Mr. Ald. HUNTER; Mr. RECORDER; Mr. Ald. CUBITT; Sir ROBERT WALTER CARDEN, Knt., Ald.; and Mr. Ald. KENNEDY.
Before Mr. Recorder and the First Jury.
MR. RYLAND conducted the Prosecution.
(MR. ROBINSON, on behalf of the prisoner, stated, that he could not contend against the facts opened by MR. RYLAND, and that the defendant would therefore admit them, and consent to a verdict of GUILTY .— To enter into his own recognisances in 100l., to appear and receive judgment if called upon.)
MR. RYLAND conducted the Prosecution.
(MR. PARRY, for the defendant, stated, that he could not contend against the facts opened by MR. RYLAND, and that the defendant would therefore admit them, and consent to a verdict of GUILTY .— To enter into his own recognisances in 100l. to appear and receive judgment if called upon.)
137. ANN MARIA M'GUINNESS , feloniously forging and uttering a warrant for the delivery of 3 waistcoat pieces, a warrant for the delivery of 1 watch, a warrant for the delivery of 1 waistcoat piece, and a warrant for the delivery of a remnant of cloth, with intent to defraud.
PATRICK O'CALLAGHAN . I live at No. 22, Finsbury-circus, and am a Roman Catholic priest. On Friday evening, 13th Oct., the prisoner came to me at the Roman Catholic chapel, Moorfields—I only remember having seen her once before—she represented that she was in great distress, and sought permission to see me next day at my dwelling house, with a view to
obtain 3l. 15s. to pay a debt for which she said her effects had been seized by brokers, and that she had a number of pawnbroker's duplicates which she would bring me next day as security—I understood them to relate to a gold watch, and other articles of considerable value, which I do not recollect; but I am certain she mentioned a gold watch—I said that I would see her the next day—she came the next day between 9 and 10 o'clock, to the Priests' house, where I reside; she repeated the tale of her distress, and offered me these four tickets (produced) as security for the 3l. 15s., which she applied to me to advance—she said she would repay me before 4 o'clock that same day—I advanced her 4l., and took the tickets—in consequence of her not coming that evening as she promised, and also of something that I heard afterwards, I gave her in charge at her residence—I told her that the charge was offering falsified pawnbroker's duplicates as security for money; she said, "I am very sorry for it, and I will not do it again; I intended to return the money, I intended to act honestly"—she also said on that very morning I should receive a letter from her, saying why it was that she was unable to pay me before that time.
WALSTON SPAULL . I am clerk at the Roman Catholic church, Moorfields. I received these four pawnbrokers' tickets from the last witness—I went to three out of the four pawnbrokers—at Mr. Hare's, of St. John's-terrace, Hackney-road, I found a remnant of silk, pawned for 1s. 6d.; but this ticket, which is in the same state that I received it, is for 1l. 0s. 6d.; it is dated 10th Oct.—this ticket of 12th Oct., is for a gold watch, or rather a "g. watch;" it is in the same state in which I received it—I found a watch at Mr. Harrisson's in the Hackney-road—this third ticket is for a waistcoat piece pawned at Horton and Walker's—the fourth ticket is from Mr. Ennis'; I did not go there.
JOHN HEATH . I manage the business of Mr. Ennis, a pawnbroker, of the Minories. On 4th Oct., I took in a pledge, and gave this ticket (produced), but I do not know who to—the entry in the day book is 0l. is. 0d., and in this ticket the first "0" has been turned into a "2."
ISAAC GLEED . I am foreman to Horton and Walker, pawnbrokers, of London-terrace, Hackney-road. I issued this ticket, and produce the counterpart—it is for 1s. 6d. for a waistcoat piece, which I took in of the prisoner—it has been altered to 2l. 0s. 6d.—she has been a frequent customer for two months, and I am sure of her.
CHARLES SAUNDERS . I am shopman to Mr. Hare. I gave out this ticket to the prisoner for a remnant of silk—I knew her by sight, and advanced 1s. 6d. on it—there has been an "0" put in between the "1" and the "6," making 1l. 0s. 6d.—I have never given authority to anybody to alter tickets.
HENRY FINNIS (City policeman). I apprehended the prisoner on 18th Oct., at No. 32, Weymouth-terrace, Hackney-road, her own residence—I told her she was charged with obtaining money by falsifying tickets—she said, "I have altered the tickets, I admit;" and she begged to be forgiven.
Prisoner. I offered to pay the money back, in your presence. Witness. You said you would borrow it, and pay it, if you got time.
Prisoner's Defence. I did not intend to defraud the Roman Catholic gentleman, or I should not have remained in my lodgings, or written to him the note which I did; it was not upon false pretences that I borrowed it; my things would have been sold if I had not done so; I was in distraction; I thought to take the money, and to get affidavits for the articles, and get them out.
GUILTY . Aged 38.
(The officer, Finnis, stated that warrants were out against the prisoner at
Manchester and at Brighton, for precisely similar offences; and that she lived in ready furnished lodgings, and had no goods whatever.)
Confined Four Months.
PLEADED GUILTY .—Aged 61.
(It was stated by the Governor of St. Alban's Gaol, and Thomas Maguire, policeman, T 85, that the prisoner had been sentenced to fourteen years' transportation, at St. Alban's Quarter Sessions, in 1849, for stealing bark, after a previous conviction; he had served part of his time at Portsmouth, and had been out nine months on a ticket of leave, when he committed the present offence.)
Confined Six Months.
MESSRS. CLARKSON and ROBINSON conducted the Prosecution.
JOHN BURGESS . I am a grocer, of Reading. I deal with Moore and Co., for coffee—on 26th Aug., I was indebted to them 15l. 18s.—I paid that amount to the prisoner on that day, and he gave me this receipt for 15l. 19s. 2d. (produced)—that is the whole amount I owed Messrs. Moore at that time.
BENJAMIN ANTILL . I am a grocer, carrying on business at Stroud, in Gloucestershire—I deal with Messrs. Moore, for coffee, and on 30th Aug. paid the prisoner 11l. 9s., which I owed them—he signed this receipt (produced) in my presence.
WILLIAM HIGGINTON . I live at Thatcham, in Berkshire, and am a grocer. I deal with the prosecutors, and on 4th Sept. paid to the prisoner for them 29l. 9s., which I owed them—he signed this receipt (produced).
WILLIAM SMITH ADAMS . I was managing clerk to the prosecutors during the whole of this year, up to 23rd Sept. The superintendence of the business devolved on me—it was my business to open letters addressed to my employers—the prisoner was their traveller—it was his duty to report to us by letter all moneys he received, once a week; but for the convenience of the house he was in the habit of doing so every day, and the accounts ran on till the end of his journey—this letter (produced) is dated 21st Aug.—it contains an account of moneys received by the prisoner—he accounts here for 11l. 15s. received of Messrs. Burgess and Sons, of Reading, and 6d. allowance—this other letter is dated 31st Aug.—I find in it, in the prisoner's writing, an account of 3l. 19s. received of Benjamin Antill, allowing a discount of 5d.—this other letter, of 4th Sept., is in the prisoner's writing, and contains an account of 20l. received of William Higginton—the prisoner received a salary of 200l. a year, and was allowed 1l. 6s. a day for expenses—he never accounted to me for the difference between what he had in fact received and what he reported.
Cross-examined by MR. DOYLE. Q. Who are the partners in the firm? A. Mr. Moore and Mr. James Carthen Quick—the prisoner used to account to me at the end of his journey—these sums which he accounts for here were entered into a book, and at the end of three months added up——we then allowed him his expenses and his salary, and he paid over to us the general balance—if the balance was on his side, we should pay him—the journeys took three months—at the end of his journey, and previous to the settlement taking place, it was in his power to set any errors right, because we called over our books to see that errors were avoided—I left Messrs. Moore on 23rd Sept.—these three sums of money occurred in the
same journey; that was the last journey before I left—I was in the employment of the house on 19th Sept.—I am perfectly cognizant of the fact that at that time the prisoner stated a deficiency in his accounts—the amount of the deficiency at that time was, I believe, 238l.—I do not know how that was paid—I was not in the employment of Messrs. Moore when it was paid—I only know by hearsay of an arrangement being made—I know that he was in communication with Messrs. Moore at the time—he has been in their employment four and a half or five years—his salary when he entered their employment was 140l. a year, not 130l.—I should say that it has been increased to 200l. from twelve to eighteen months—he has frequently complained that the allowance for his expenses on the road was not sufficient, in consequence of his travelling very quickly—about the first, second, and third journey he claimed for losses upon his expenses; I think it was about 1849 or 1850—he complained frequently, till it was agreed that 26s. was to be the maximum—he has frequently said that 26s. was not enough.
COURT. Q. What was it to include? A. His fare, his lodging on the road, and all incidental expenses—he travelled by rail, and was allowed to take a gig when he chose; but 26s. was to cover it all.
MR. DOYLE. Q. Was there any other person with whom the prisoner settled except you? A. No; there was a Mr. Cutler in the employment, but he did not settle with him—I am quite sure that this last journey was not called over and settled with Mr. Cutler, nor any previous account—I added it up, and compared the prisoner's account with our book—Mr. Cutler was a subordinate clerk, and might have called the items over—the prisoner was rather a valuable servant; he increased the business in the district he travelled over, to quite three times what it was.
MR. CLARKSON. Q. What was the amount of his entire deficiency? A. I believe some few pounds under 700l.—the settlement of 19th Sept. took place with reference to accounts which he had rendered as having received, and which his masters gave him time to pay—neither myself nor anybody else in the house had any notion that he had received moneys, and accounted for less sums—he never corrected, or offered to correct either of these three sums, or represented that there was any error about them—the settlement in Sept. took place on the basis of the moneys which he represented that he had received.
WILLIAM MOORE . I am a wholesale coffee dealer, of Lime-street. The prisoner has been four or five years in my service as traveller—it was his duty to report, every day, the money he received—I know that there was an attempt at a settlement on 19th Sept., but I am always travelling, and not supposed to know much of the counting house; but my clerk, Homewood, who succeeded Adams, will inform you—these sums have not been accounted for to me.
Cross-examined. Q. You heard Mr. Adams's evidence? A. Yes—he is correct in saying that the prisoner had an opportunity, at the end of the journey, of completing his accounts—the account was not complete till he had finished his journey—it was open till his return, when it was his duty to settle it with my manager.
MR. CLARKSON. Q. The money has not been paid? A. No—the prisoner had no authority to report less sums than he received, although he did so—previous to his commencing a fresh journey, he was made to arrange the former one, and had the opportunity of setting any error right.
COURT to WILLIAM SMITH ADAMS. Q. Was the prisoner's journey over on 19th Sept.? A. Yes, and he went through this account with me.
—HOMEWOOD. I succeeded Mr. Adams in the service of Messrs. Moore, about 23rd Sept., when he left; but I went there in Aug.—I was present when the prisoner gave in his account, and saw Mr. Adams go through it—the prisoner was deficient to the amount of 238l.—that was the deficiency of money which he reported—that did not form part of the accounts, he had not reported these three amounts—he reported a less amount than he received, and he made no correction whatever, nor has he accounted to me since.
Cross-examined. Q. Were you present at any arrangement made between the prisoner and the principals of your house? A. No—I know how this money was paid—we first received 110l. of the prisoner—that was about 6th Oct.—he was told that until he paid that, he could not start on his new journey—I know that his going on his journey was suspended, pending the payment of this money—he started on his journey on the 7th, and about 20th Oct. we received 28l. from him in reduction of the deficiency—he remitted it to me from the country—on 25th Oct., I received from him 200l.; 100l. was to cover the balance on the first journey, and 100l. to be placed to the credit of the journey he was then on—a friend of his called and paid it, his nephew, I believe—100l. was placed to his credit for the journey he was then on; but if we had found out other deficiencies in the account of 19th Sept., we should, no doubt, have charged part of it against that—I do not know where the 338l. came from—I have no reason to think that it came from the prisoner's friends—I placed the 100l. with the other credits, and placed all the credits together—I was desired to do so by the prisoner, by a letter which he addressed to the prosecutors about the end of Oct.—the prisoner's private account was kept quite distinct from his other accounts—I did not put the 100l. to his private account, but to the journey—the private account had nothing to do with that; it was for his salary.
MR. CLARKSON. Q. With regard to the 238l., I understand you to say, that he would not be permitted to renew his journey before it was accounted for? A. He started on his journey when he had paid 110l.—I never heard any person tell him that he would not be allowed to travel until the 238l. was paid; but I understood that that was the arrangement—he paid 110l. before he started—he never disclosed to me the fact, till this charge was made, that he had received large sums of money, and reported small ones—I was lot aware of any such transaction—I have not been a traveller myself.
MR. CLARKSON to WILLIAM MOORE. Q. Is 26s. a day a sufficient allowance for travelling? A. It is more than sufficient; it is more than fifteen travellers out of twenty are allowed.
MR. CLARKSON to——HOMEWOOD. Q. Was the deficiency on the previous journey, based upon his statement that he had received three smaller sums instead of three larger sums? A. The three smaller sums were not named; he had not reported them to us—the balance of 238l. was struck on the supposition that he had received only the smaller sums, according to his report—if we had known that he had received the larger sums, that balance would have been increased.
JAMES CARTHEN QUICK . I am in partnership with Mr. Moore; I have never been a traveller. The prisoner has never accounted to me for any of the deficiencies which have been referred to—I have no doubt that this letter (produced) is in the prisoner's writing; but Mr. Adams is more conversant with his writing thin I am.
Cross-examined. Q. You considered him a very valuable servant? A. Yes; he would not have been taken without a very high character; we had security with him at the time he came, which was afterwards rendered a nonentity by death—we made these deficiencies matters of account, because he should not be injured, believing that the money had all been reported as received, and he was therefore allowed to go on the journey on his promise that the amount should be sent up; but we knew nothing about what was not reported, we thought he had returned every penny that he had received—I know that he had been negotiating a loan about that time to pay off what he had returned as having received—we did not know how much he was deficient.
WILLIAM SMITH ADAMS re-examined. This letter is in the prisoner's writing (read: "Chichester, Nov. 14, 1854. Messrs. Moore and Co.; Gentlemen, I am in receipt of Mr. Quick's letter, and of course have not presumed to call upon any one; I shall leave by the next train for Brighton, where I shall post this and remain a few hours; I feel my position too acutely to discuss it, but am anxious that you should be repaid every farthing, which can be managed if I am upheld by you, and a little time given; I know how much I have to fear from your resorting to harsh measures, but I certainly, perhaps without right, trust I am correct in supposing that you would prefer having your money to disgracing me eternally; of course under the circumstances, I cannot expect either of you to see me, but a letter will meet with attention at No. 178, Blackfriars-road; and in the mean time I must repeat my hope that you will not have recourse to measures which will produce disgrace not only upon me, but every body belonging to me.—Warner Tuck."
(The prisoner received a good character.)
GUILTY . Aged 38.
(MR. ROBINSON stated that there was between 600l. and 700l. deficient, and unavowed by the prisoner, and that ninety different accounts had been falsified).— Confined Eighteen Months.
PLEADED GUILTY . Aged 41.—Recommended to mercy.— Confined Four Months.
NEW COURT.—Monday, December 18th, 1854.
PRESENT—Mr. Ald. HUNTER; Mr. Ald. CUBITT; Mr. Ald. KENNEDY; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
PLEADED GUILTY . Aged 46.— Confined Three Months.
MARY JONES . I am housekeeper to Major General Jonathan Peel. I know the prisoner, he was butler to the General—in Nov., I received a sum of money from the General to pay the servants; I gave it to the prisoner, and he was to pay the different things he had on this book (produced),
which is in his Writing; he was to pay the tradespeople, and the servants—he had to pay 2l. 8s. to the under butler, James Turner, 2l. 16s. to a Mr. Bartlett, and 5l. 6s. 3 1/2 d. to Mr. Cook—I gave him the money for them.
JAMES TURNER . I am under butler to General Peel. I know the prisoner, he was the butler—he had to pay me 2l. 4s. 2 1/2 d. in Nov. for board wages, he did not pay me—he gave me a 10l. note to get it changed, and to pay myself out of it—I did not get it changed; I returned the note to him—that was the first week in Nov.—I asked him for the money two or three times—the first time he had not succeeded in getting change, and the last time he told me he would attend to it presently—I think that was the day previous to his quitting.
JOHN BARTLETT . I am a wax chandler, in Regent-street. In Oct., 2l. 16s. was due to me from General Peel—his account has generally been paid early in the next month—I have not been paid that sum—our cash has been balanced every night—I have persons in my employ who receive money, but that money must have come into account, unless those persons have been guilty of fraud themselves—here is the account (producing it), it is not entered.
NOT GUILTY .
PLEADED GUILTY . Aged 39.— Confined Three Months.
OLD COURT.—Tuesday, December 19th, 1854.
PRESENT—Mr. Ald. HUNTER; Mr. RECORDER; Mr. Ald. LAWRENCE; and Sir ROBERT WALTER CARDEN, Knt., Ald.
Before Mr. Recorder and the Second Jury.
PLEADED GUILTY . Aged 21.— Four Years' Penal Servitude.
PLEADED GUILTY . Aged 22.— Confined Twelve Months.
146. WILLIAM JOHN O'CONNELL , stealing 1 piece of paper, value 1d., the goods of the Scottish Australian Investment Company, his masters; also feloniously forging and uttering an order for the payment of 41l. 5s., with intent to defraud; also unlawfully obtaining 41l. 5s. of the Union Bank of London, by false pretences: to which he
PLEADED GUILTY . Aged 17.— Judgment Respited.
MESSRS. MONTAGUE CHAMBERS and PARRY conducted the Prosecution.
(MR. HARRISSON produced the original writ, the plea, and all the proceedings, in the action of Drayson and Burwash v. Andrews.)
WILLIAM FREDERICK POLLOCK , Esq. I am one of the Masters of the Court of Exchequer. I produce an original deposition, taken by me on 3rd Nov., and the Judge's order for me to examine the witness, which is necessary tinder the Common Law Procedure Act—I examined the defendant upon this order—I administered the oath to him—this is his signature to the deposition—he signed it in my presence, and this is my attestation.
Cross-examined by MR. BALLANTINE. Q. This was an examination at the instance of the plaintiff? A. Yes—(Order read: "On hearing the attornies or agents for the plaintiff, and James Pugh, I do order that the said James Pugh appear and be examined on oath before one of the Masters, as to the matters concerning which he has refused to make an affidavit." Signed, "Crompton."—The deposition of the defendant was here put in and read. He described himself as a military outfitter, and stated, that in Aug., 1852, he arranged with Mr. Andrews to carry on business with him; that he, Pugh, was to remove his business from his premises, in Jermyn-street, to Mr. Andrews's premises, in Cork-street, and that Andrews was to provide the capital, and other requisites; that he, Pugh, was to be allowed a commission of 5l. per cent, on the business he introduced, and that this arrangement was carried on till 8th June, 1854, when a misunderstanding occurred. He proceeded to state, that various orders for jewellery were given him by customers, which jewellery he obtained from Messrs. Drayson; and after detailing the particulars of his disagreement with Andrews, the deposition proceeded as follows: "I recollect an interview with the defendant a day or two before the trial of this action, which was on 16th June, at Mr. Teague's; it was on 8th June. I went, at the request of the defendant, to see what sort of proof I could make on his behalf. Mr. Teague had got a proof prepared, which he read over to me. I was described in it as commercial traveller to the defendant, and that I had no authority to buy the goods. I objected to this, and said I was not the defendant's commercial traveller, and stated the nature of my arrangement with the defendant, as already stated by me in this deposition. Mr. Teague then said it was a partnership between the defendant and myself. Defendant contradicted this, and said it was not a partnership. Mr. Teague then said to the defendant, 'Let me hear your version of the matter." Defendant said, 'I was to charge Mr. Pugh 5 per cent, for the use of my capital;" and he was going on, but Mr. Teague stopped him, and said again that it was a partnership, and that Mr. Pugh must not stay in town. Defendant said, 'Do you mean to say that Mr. Pugh could pledge my credit for 200l., without my sanction?' Mr. Teague said, 'Yes, certainly, for 5,000l., and you would be obliged to pay it;' and that the only thing to be done was to send me out of town; for that if I was examined at the trial, and this was to come out, defendant would certainly lose it. Mr. Teague said, 'Mr. Pugh must not be in London another hour; he must not even go home, on any account;' and Mr. Teague offered to send to my house for anything I might require. It was fixed that I should go at once. I said I had, no money. Defendant said he had no money with him, and asked Mr. Teague to lend him some money. Defendant asked Mr. Teague to give him 10l. for me. Mr. Teague drew a cheque for that amount, and I went out, and returned in half an hour, and received ten sovereigns from Mr. Teague. Mr. Teague warned me not to come back to town until after the trial. During this interview defendant said that we must have an agreement
drawn up between us immediately. I said I had always wished for one, and should have no objection to it, if it secured to me my half of the profits. I went out of town on 10th June, and returned on the afternoon of the day of the trial. About 30th June last, I was requested by Mr. Teague to make an affidavit. He wanted to describe me as commercial traveller to defendant I objected to this, and it was finally agreed that I should be described as a commercial traveller generally. Mr. Teague assured me that this should not affect my position with the defendant. I then consented to make the affidavit. It was read over to me; I did not read it I afterwards swore it at Guildhall, etc. Signed, JAMES PUGH. W. F. POLLOCK.")
CHARLES BROOKS TEAGUE . I am an attorney. I was the attorney for Mr. Andrews in the action of Drayson and another, v. Andrews, in which there was a verdict for the defendant—this (produced) is the rule for the new trial—here are three rules; this one is the amended rule—this is not the one served on me by the plaintiff it is an office copy which I have obtained and examined with the books in the office—Mr. Harrison, the attorney, had not got the rule, he had lost it—(MR. PARRY stated, that this rule was dated, Nov. 14, 1854, and had not yet been argued)—the examination of the defendant Pugh, taken before Master Pollock, was used by the plaintiff in the action for the purpose of obtaining this rule—I first became acquainted with the connection between the defendant and Mr. Andrews about May, this year, when Mr. Andrews came to consult me respecting a claim made by Messrs. Drayson and Burwash, for tome jewellery—I saw the defendant in relation to that claim, some time I believe in the latter end of May, when the action was first commenced—that was the action for 166l. for jewellery, as was indorsed on the writ—when I first saw him he told me that he had gone to Drayson and Burwash, and had ordered some jewellery in the name of Mr. Andrews, and that he had not Mr. Andrews's authority for ordering those things—in consequence of notice of trial having been given, I wished to take the evidence of Mr. Pugh as a witness, if necessary—I received instructions from Mr. Andrews as to what Mr. Pugh could state; I prepared a statement of what Mr. Pugh could state, from what Mr. Andrews told me; and on 8th June Mr. Andrews and Mr. Pugh came to my office—I said to Mr. Pugh, "I wish you to state all that you know respecting this transaction; Mr. Andrews tells me that you have obtained these goods without his authority?"—he said, "Well, I believe I have"—I then asked him for whom he had obtained such goods, or, "For whom did you procure those goods?" or something to that effect—he said, "I obtained them for three customers of mine, Mr. Talbot, Mr. Masklin, and somebody else"—I then asked one or two other questions, and took this piece of paper, the statement which I had already prepared, and read it through to him seriatim—this is the original document; he sat by my side as I read it to him, and I believe he followed me in that reading—it was under his eyes," and he also heard me read it—when I came to portions of it he ordered alterations to be made (reading the document—In this statement Pugh described himself as commercial traveller to Andrews, and stated that the various articles of jewellery which he had obtained from Messrs. Drayson for various customers were ordered by him without the sanction or authority of Andrews; he further stated, that he had no authority from him specifically to give any such order in his name.)
Q. That was read over to him? A. Yes—it is just in the same form as when he left my office—he did not sign it—I did not ask him to do so—I took it in the first person, because a witness understands it better—I invariably
do so—after I had made the corrections suggested by the defendant, I said to Mr. Andrews, who was in the room, "I do not think it will be necessary to call Mr. Pugh as a witness; he has quite confirmed all you have before told me"—Andrews said, in Pugh's presence, "I should wish him to be called as a witness, as I wish all the facts to appear"—(Mr. Andrews permitted him to state all this)—I said, "You do not require Mr. Pugh's evidence; and if he should be examined as a witness, and prove by his evidence that he has obtained these goods fraudulently, he might possibly, on the application of Drayson and Burwash, be ordered by the Judge into custody"—Pugh immediately said, "Then I had better keep out of the way"—I said that I thought he had; and I believe I said, "You had better perhaps go out of town," or something to that effect—Pugh then asked Andrews if he would let him have some money—he wanted 10l.—Andrews said, "I have no money with me; perhaps Mr. Teague will lend you the money"—I said, "No, I will not do anything of the kind"—Mr. Andrews then said to me, "Will you give him a cheque for 10l., and I will send you the money in the afternoon?"—I said, "I have no objection to give you 10l.," and I drew a cheque for 10l., which was cashed, and Pugh had the money—Pugh left for a short time, and came back for the money (I having sent my clerk to cash the cheque), and I never saw him again till the latter end of the month, the 29th—the cause was tried on the 16th June, and a verdict given for the defendant—in consequence of a summons and an order to stay execution, and an affidavit having been filed, I saw Pugh again—I took the instructions from Andrews and Pugh together on this affidavit—I have not got the paper with me—Mr. Andrews and the prisoner made separate affidavits—the one which Pugh made on 30th June is the one I have been speaking of—it was made to show cause against the summons for an order to stay execution—it was used by me for that purpose, and filed—(this affidavit being read, contained accounts of various interviews with Mr. Burwash, and stated that the entries of the articles of jewellery purchased by him of Mr. Burwash, to the amount of 166l., were made in Mr. Andrews's books, without his (Andrews's) privity or sanction) he certainly never objected to being described as the defendant's commercial traveller—I did not at the interview of 8th June, or at any time say to him that it was a partnership between Mr. Andrews and him, or anything to that effect—I never said to Pugh, "Why, it is a partnership between you and Mr. Andrews"—I did not stop Mr. Pugh, and say it was a partnership, or anything of the sort—nothing was said on that occasion, about a partnership by any one—nothing was said about pledging his credit—Mr. Andrews did not say, "Do you mean to say that Mr. Pugh can pledge my credit for 200l., without my sanction"—nor did I say, "Yes, for 5,000l."—I did not say that the only thing was to send him out of town, for if he was examined at the trial, and this was to come out, the defendant would certainly lose it—I spoke to him about going out of town, but not in that way—I did not say, "Mr. Pugh must not be in town another hour, he must not even go home on any account"—I did not offer to send to his house for anything—the whole of the statement of the conversation sworn to by Mr. Pugh, as having taken place in my office on 8th Aug., is a fabrication from beginning to end, except as to the 10l.—he did not on 30th June, when this affidavit was made, object to his being described as a commercial traveller to the defendant—nothing was said by any one about an assurance, that it should not affect his position with the defendant—I read over the affidavit to him, and he afterwards swore it—on 10th July, Mr. Andrews
and Mr. Pugh, came to my office, that was by an appointment, which Mr. Andrews had previously made with me—a discussion then took place between Mr. Andrews and Mr. Pugh, as to the right of Mr. Pugh to purchase goods, and also as to the commission which he should receive as his traveller—in consequence of the conversation we had on that occasion, I prepared an agreement by their joint instruction—I have the draft of it here, it was never signed (in this the defendant was described as commercial traveller to Mr. Andrews)—after this agreement had been prepared and sent to Mr. Andrews, Mr. Pugh came to my office with a letter from Mr. Andrews, and upon that occasion Pugh spoke to me as to the terms of the commission which Mr. Andrews proposed to pay him, and he objected to those terms—he said that Mr. Andrews had proposed, as he had at a former meeting, to pay him 10 per cent, upon moneys received—Pugh thought he ought to have 15 per cent., the agreement was prepared upon the basis of 10 per cent.—an appointment was made for the next day the 13th, and then the two parties met together at my office—they then had a long discussion about this question of commission, and it resulted in a cost price book being made out by Mr. Pugh, as he said he wished to satisfy Mr. Andrews that he could afford to pay out of the profits more than 10 per cent, upon orders that he was to get—I told Pugh that his commission could not be regulated by the profits, because if the profits were to regulate it, it might be a constructive partnership—I said in addition to that, "You might then be liable to pay the debts"—Pugh remarked, "That is what I wish to avoid"—he also said, "When I first came to Mr. Andrews, it was agreed between us that there should not be a partnership, for Mr. Andrews told me he never would have another partner"—he also said, "I consider that I am not his partner, nor do I wish to be his partner"—they then left my office with the understanding between them, that the cost price was to be made out to satisfy Mr. Andrews, that he could afford to pay Pugh more than 10 per cent.—nothing was ever said about a division of profits—this agreement was not carried out, it was never signed—Mr. Pugh saw the rough draft of it—he said he considered the terms of it were very stringent, for I bind him down here, that he is not to buy any goods without specific orders—Mr. Pugh did not at any of these interviews, claim to be a partner of Mr. Andrews—the only instance of a partnership being mentioned was by me, when I said that if the commission was to be regulated by the profits it might be a constructive partnership—nobody else ever said anything of the kind—I first heard that the defendant claimed to be a partner some time in Aug., when I was abroad—I received a letter from Mr. Andrews, I find it was on 15th Sept.—that was the first time I heard of it—the first notice that Mr. Andrews had of a partnership that I knew of, was by having a notice of dissolution; he came to consult me about it on 14th Sept.—in consequence of Pugh collecting debts, I was obliged to get an injunction, which I obtained on 18th Nov.—that injunction is still in force, restraining him from receiving any moneys.
Cross-examined. Q. That injunction was granted upon a bond given by Mr. Andrews for 2,000l., was it not? A. It was a bond proffered by Mr. Andrews to be given—it was not required by the Court; a receiver would not have been appointed if the bond had not been given—I swear that, it could not be so, upon the form of the proceedings, as I am advised—the bond was given at the time the injunction was granted; it was, of course, given before the judgment of the Court; it was all simultaneous, it was all on the same day, at the same moment—this was an action against Mr. Andrews by
Drayson and Co., for goods supplied to Pugh, upon Andrews's credit—the verdict was for the defendant, Mr. Andrews—no witnesses were called for the defence, we did not find it necessary—a motion was made on the part of Messrs. Drayson and Co., for a new trial, and upon that the examination was used—it was to have come on to be argued last term—I had affidavits ready to answer them; Mr. Montague Chambers took an objection, that the rule was not in conformity with the new practice; I suppose I may say it was a technical objection—it put the matter over, so that it will not now be argued till Hilary Term; but Mr. Chambers took that objection contrary to my instructions and wishes, as he knew I wanted to argue it then and there—in the meanwhile I went before the grand jury, and preferred his indictment—we did not give notice to the defendant—I did not summon him before a Magistrate; I got the bill in the usual way, it was without going before a Magistrate; myself, Mr. Andrews, and Mr. Dax, were the witnesses before the grand jury—Mr. Dax is an officer of the Court of Exchequer—the assignments of perjury only apply to the conversation at my chambers; nobody was there on the part of Mr. Pugh—it is not usual when you examine a witness to have an attorney present—I had prepared this document before he came, from the instructions of Mr. Andrews; that was to save time, to make any corrections that were necessary—I always do, if I have the chance of preparing a deposition of a witness, take it from the client first—I think that desirable to save time; it is more readily altered if it is all ready done.
Q. And it is read over to the witness, who not unfrequently is found accommodating, and signs it? A. Not at all: I do not understand what you call "accommodating;" it is not my practice—it was drawn up to read over to him as I should to any other witness; I did it to save time when the witness came; I intended to correct it according to his own suggestion, and then transfer it to the brief, as a witness, if necessary.
Q. Having taken all the trouble to draw this up, why did you tell Andrews that it was not necessary that Pugh should be a witness? A. Because he confirmed Andrews in every particular, and it struck me that he would be committed for fraud—he did not contradict my client at all—he confirmed him—I did not want him as a witness then—it was because he confirmed my client that I did not want him as a witness—the information which I had previously received from Mr. Andrews had led me to advise him that he could not be liable, and the calling of this man could not make him more or less liable—I believed Mr. Andrews—I prepared this, because I could hardly believe that the man could state so much as he had there stated—I took it from the instructions that I received from Mr. Andrews—Mr. Andrews brought Pugh to me—I had this prepared when I sent for him—I did not send for him; Mr. Andrews went for him—an appointment was made for Pugh to come to me, and I had this ready prepared—I had Pugh because I wanted to know whether his evidence would be in any respect contradictory to the evidence of Andrews, because if it was contradictory he would have militated against the case—I did not mean, if it turned out to be contradictory, to inform the other side—I bad reason to believe that Andrews was speaking the truth—I had Pugh for the purpose of knowing whether he confirmed him, or whether he proved anything contrary, because by that means you can judge of a client's case—when I prepared his deposition I intended to call him—I did not call him because I found it would be placing him in jeopardy, and Andrews did not want him—the fraud for which I thought the Chief Baron would commit him, was for
obtaining these goods under false pretences; going there in the name of Andrews, and representing that he was buying them for Andrews, when Andrews, according to his statement, knew nothing of the transaction—I thought it was very probable the Chief Baron might commit him; that is what I said to him—I let Andrews have the 10l. to enable Pugh to go out of town—it was out of kindness to Pugh, to keep him from being committed—that was one object certainly; that was the object—the other was, that I did not want him—I did not pay him the 10l.—he went away for his own purposes, not for Andrews's—I sent a cheque, and got it changed—it was for Pugh's benefit, to enable him to go away, because he wished to be away—I did not lend him the 10l. to get him out of the way, but to let him go, as he wished to go—I afterwards got him to make an affidavit—if he had spoken the truth then, perhaps the Chief Baron would have committed him then—there was no evidence against him—I did not say I was afraid of his being committed—it was not unkind of me to get him to make an affidavit—the original words that I put in the affidavit were, "I ordered said goods in December, 1853, as before mentioned, in the name of the said George Andrews; I acknowledge that I had no authority to give any such orders in his name"—those were my words—over that is written, "I acknowledge that I had no authority from him specifically"—I believe the word "specifically" was suggested by Mr. Andrews, and Mr. Pugh adopted it—"specifically" means "particularly;" it is the opposite of "generally"—it would imply that he had a general authority, but not a particular authority for these goods.
COURT. Q. A general authority for tailoring? A. For tailoring, not for jewellery.
MR. BALLANTINE. Q. But this applies to nothing, but generally? A. The whole of it regards jewellery ordered from the tailor—I did not think that that would be rather damaging to the case if he swore that he had a general authority, although he had not any specific authority in those matters—that was not the reason he had the 10l. lent him—those words have never occurred to me as being rather a stumbling block—I do not think it affected the merits of the case one way or the other.
MR. PARRY. Q. Just explain about the 2,000l. bond? A. When Vice-Chancellor Kindersley was delivering his judgment upon the motion, Mr. Bailey, the counsel for Mr. Andrews, upon my suggestion, proffered a bond for 2,000l.—the bond was for Mr. Andrews, and a surety to pay to Pugh any sum that might be awarded to him as due from Mr. Andrews in the Chancery proceedings, if there should be any—I cannot say that that is an ordinary practice under an injunction—after this bill was found, I gave the defendant notice that it had been found—I sent him a written notice by post—he was not apprehended upon a warrant—no warrant was applied for, I never thought of getting one—I gave notice by post, and two or three days after we had notice of bail.
COURT. Q. Was the notice directed to the defendant himself, or his attorney? A. To the defendant, I think, at his residence—I did not send the notice myself, but I believe it was sent to his own residence, and after that notice had been sent from my office, he gave notice of bail—when I take the statement of a witness, I see the witness after I have taken the instructions from my client.
GEORGE ANDREWS . I am a tailor, carrying on business at No. 9, Cork-street, Burlington-gardens. I have carried on that business twenty-one years—Mr. Pugh was introduced to me in 1851—he made an application at
that time to be taken into my service, that came to nothing—in Aug., 1852, he applied to me again, stating that his circumstances were such that he had a large amount of orders to execute, but had not the means of carrying them on—he was at that time attempting to carry on business for himself as a tailor, in Jermyn-street, but he had orders which he could not execute, he had not capital enough; a broker was in possession of his premises at the time—he made a proposal to bring his orders to me, and I was to grant him a commission—he told me that he had such confidence in me he would rely upon any commission that I choose to allow him—it had originally been stipulated, in the first instance, that the commission should be 5 per cent., but he thought if he trusted to me he would obtain a larger commission—I finally agreed that he should bring his business to me; but I told him I could not tell him on what terms until I knew the nature of the business he would introduce—his duty was that of a traveller for me to obtain orders, to act as my commercial traveller—he was not to give orders for cloth, or anything, without my sanction—I agreed to make him advances as he required it, which I have done—the commission was to be settled afterwards, as it went on—he was not to give orders, even in my own trade, without my authority—I latterly allowed him to receive accounts that were due; and at first I believe I should not have objected to it, because it was understood it would have been a case of embezzlement had he received them, and I never found him guilty of receiving them until lately—he came into my employment in Aug., 1852—he brought some considerable orders at the commencement, but in consequence of the difficulties in his circumstances, he brought very few afterwards, till after his bankruptcy—he commenced his duties in Aug.—in Dec, 1852, he was arrested, and he was made a bankrupt in that month, while he was in my service—he was in prison about three weeks—I occasionally visited him there—he then came back and entered my service, without a certificate—he did not get a certificate until the present year—it was suspended twelve months—he afterwards travelled into the country for me to get orders, and also went about town for that purpose—he occasionally, to my knowledge, ordered cloths and other things required for the trade, from warehousemen—some new accounts were opened with new warehousemen: that I ought to explain—in consequence of the arrangements not being broken off with respect to accoutrements and other things, he wished to introduce the hosiery and scarf business as well, which I did not understand—I allowed him to go and obtain certain goods, subject to my approbation—he went on in that way until Sept., 1853, when the first articles were got from Drayson's—I was out of town when the first articles, the 25l. worth, were procured—the first time I ever saw the things for the first gentleman, I believe they were in his shirt, or I would have returned them—I spoke to the prisoner on the subject, and desired him never to undertake to procure any such things—I could not return them as they had been used—I not only found fault with him for obtaining them, and desired him never to procure such things again, but I even, in his presence, severely scolded the young gentleman who had induced him to get them, which we do not very often do—he was a very young man, but he was of age—I first became acquainted with the fact that jewellery to the amount of 160l. had been got from Drayson and Co., exactly ten days after the things had been obtained—I think it was on 29th Dec.—Mr. Burwash called upon me, I had never spoken to him before—Pugh was not present; I afterwards spoke to him upon the subject—I told him Mr. Burwash had represented that he had obtained some valuable diamond rings,
and I asked him whether he had obtained any such—he said he had—I said, "How could you do so, when you know it is contrary to my express orders? What have you done with them?"—he said, "I have sold them to three young gentlemen, all under age," and one of those I have never seen—he mentioned their names—I said, "How could you obtain them, upon what authority?"—he said, "Oh, a Mr. Osborne introduced me to Mr. Drayson," and this Osborne is an uncertificated bankrupt; he was with Futvoye, as one of his shopmen—I found fault with him about it—I said, "I would rather loose double the amount of the rings than such a transaction should take place in my house," and I made him write a letter to these young gentlemen, desiring them instantly to return the things, and took the letter, with Mr. Pugh, to Mr. Burwash—I could not get them back, because they had disposed of them to young ladies—there was a handsome bracelet got afterwards—I took Pugh with me to Mr. Burwash, and expressed my extreme astonishment that such a thing should be done without making any application to me—I told them that I should require the things to be returned, and should not ask them permission; I would not recognize the transaction in any way whatever—I had other interviews with them, in the presence of Pugh, and I greatly found fault with Mr. Burwash, and told him that however unjustifiable Mr. Pugh's conduct was, I thought theirs was scarcely better—that was said in Pugh's presence.
Q. In all those interviews before they brought the action, did Pugh ever set up that he was your partner? A. Never; I told them that I would hold Pugh's commission, whatever it was, responsible for any act done in my house; and I would endeavour to get the transaction cleared without loss, if they would leave it in my hands—I said, no one should do such a transaction in my house without being fully responsible—I told them that I would discharge him on the spot, but that I should not then have the opportunity of assisting them in getting them paid—after I received a letter, saying, that an action was brought, I went to Mr. Teague to consult him, I made a statement to him of the transaction of this jewellery—on 6th June I received a letter which Mr. Teague has; to the best of my knowledge the words were, "Please to attend with Mr. Pugh, your traveller, on the 8th instant"—I showed that letter to Mr. Pugh, and desired him to proceed to Mr. Teague's, and meet me there (I had previously seen Mr. Teague, and given him my statement); Mr. Pugh was there before me—Mr. Teague read over the instructions, the minutes of evidence, I suppose you call them, that were prepared under what I had stated, and Mr. Pugh had them corrected, and the corrections were then and there made by Mr. Teague—Mr. Teague said that he did not think it was necessary for him to attend—I objected to it, and said, I wished the fullest examination in every particular; I am not quite certain whether I did not even remark that I would rather lose the trial than there should be anything like concealment—Mr. Teague said he did not think a witness was necessary for me; but from the minutes of evidence that he had read, in his opinion if the evidence were given in the same form, upon the application of the then plaintiff's counsel, that then and there the Judge would order him into custody—Pugh said, "I had better not be there then"—I said, "I can have nothing to do with that; I cannot recognise any absence"—Mr. Teague, I think, then said, "You are not desiring his absence, nor commanding it; but if he is not wanted, if he chooses to stay away, I do not see how you can help it; I do not see what you have to do with it, we do not want him;" or something of that kind—I said I would not be a party to it, and Mr. Teague told me
that I need have nothing to do with it at all—Pugh said he was to have gone on his journey the day before, and he had better go out of town—he then said that he bad not any money prepared for it—I was always obliged to make him advances before going out of town—I asked Mr. Teague to let him have 10l., which he did—I did not see the money given; the trial came on, and there was a verdict for the defendant—the prisoner came to me on the following morning—with reference to this 10l., you will find in his book that for his travelling expenses he has charged me but 2l. 8s.; the book is here, it is in his own handwriting—he charges 2l. 8s. for ten days; he told me he could not charge me the full amount, because it was on his own account that he was absent—after his return he informed me of an interview that he had had with Mr. Drayson or Mr. Burwash—it was after the trial; I cannot say on what day—he told me that he had been sent for to Drayson's, and that Mr. Burwash had said it was clear I was not liable for these things and somebody was, and he wanted to know what arrangement he could make respecting the rings—I said to him, "I think (if I recollect rightly) Mr. Drayson and Mr. Burwash are acting very sillily, because I intended to have seen them harmless in the matter if they had left it to me; but I cannot help you now"—I was not aware that he was going to make an affidavit in opposition to a summons for staying proceedings; I was afterwards made acquainted with it—I was not present when he had it read over to him, or when he swore to it—he never complained to me that he was described in the affidavit as a commercial traveller—I think he did afterwards when he told me in Sept. that I had the honour of having a partner; but never before Sept., after he had claimed to be a partner—in July there was an attendance at Mr. Teague's, with reference to the terms of his commission, the first occasion upon which such a subject was mentioned was I think about 10th July—Mr. Pugh wished to have the commission regulated upon a scale according to the profits; Mr. Teague said that could not be the case, or it might be construed into a partnership—he made use of the terms, "Constructive partnership," and therefore he would not recommend it—he recommended a fixed commission, and that we should decide upon what the commission should be fixed—that was the first time I ever heard Mr. Teague even make use of the word partnership in the matter—I told Pugh that he had better get a few sheets of paper, and make out a prime cost book, and he would find that he was very much mistaken in his estimate, for imaginary and real profits were very different things—he wanted 15 per cent., and I told him it was ridiculous—I saw him begin to make some account, but I never saw it—I think it was on the 10th or 11th Sept., that he claimed to be a partner—he said to me, "At the time, when you, in the presence of Mr. Teague, told me that I must go about my business at twenty-four hours notice, I then knew that I must do something"—that was the day Mr. Teague came about his affidavit—I was so displeased' with his conduct about Drayson's concern, that I threatened to discharge him—that was at the latter end of June, it was in Sept. that he told me he knew he must do something, it was in the presence of both my foreman Monger, and Perryman—he said that he had been advised that he was my partner—that was the first time I heard that claim set up—I was afterwards obliged to resort to the Court of Chancery, in consequence of his collecting debts—at the interview at Mr. Teague's on 8th June, he did not object to being described as a commercial traveller—he did not say that he was not my commercial traveller—he did not at that interview state that he had made an arrangement with me, as to his not
being my commercial traveler—Mr. Teague did not say that it was a partnership between me and him, nor did I contradict that, and say it was not a partnership—Mr. Teague did not say to me, "Let me hear your version of the matter"—nor did I say that I was to charge Mr. Pugh 5 per cent, for the use of my capital—Mr. Teague did not stop me, and say again that it was a partnership, and that Mr. Pugh must not stay in town—I did not ask Mr. Teague whether Mr. Pugh could pledge my credit for 200l., nor did Mr. Teague answer that he could pledge it for 5,000l., or anything to that effect—it is quite fabulous from first to last—I have given a correct account of what did occur, to the best of my ability—I was at Mr. Teague's on 30th June, when Pugh's affidavit was read over to him, and I was present when he swore it at Guildhall.
COURT. Q. Then you made a mistake before, when you said you were not? A. I was present when he made the affidavit at Guildhall; I thought you meant the very last.
MR. SHAMBERS. Q. I mean on 30th June, to oppose the summons that was taken out to stay proceedings? A. Yes; I heard Mr. Teague read over the affidavit to him—he did not on that occasion object in the least to his being described as my commercial traveller—no arrangement was come to on that occasion, that he should be described simply as a commercial traveller—nothing was said about his being described as a traveller, further than its being read over—that was the day after I had threatened to discharge him.
Cross-examined. Q. There is a little part of this transaction which I think you have omitted; you were very angry indeed about this jewellery having been got from Drayson and Co., and you have exhibited your anger in the becoming way of not paying for it? A. I have not paid for it, because I have never seen it—I have had an action brought against me, and it has been decided that I was not liable—I did mean to pay for it; I do not now—I would have paid it at the time when I told them, just before the action, that I would do so, if they would leave it to me, I should have paid them long before this—I have not got one penny or one farthing of the money; I swear that positively; I never would receive it—I have never got one penny on account of that debt—I did not apply for any—I got a dishonoured cheque for 30l.—that was on account of the goods—it was drawn by one of the young gentlemen, the one I have never seen—he has been represented as a person to whom the goods were supplied, but I did not even know of the sale—I never sanctioned the sale or the purchase—I have no doubt it is the party—I have doubts that the goods were supplied to him, because I have never seen him—I cannot say for certain whether the transaction was carried out; I have only Mr. Pugh's authority, and I do not believe that much—I have reason to believe that the cheque was the gentleman's handwriting—I have been to the army agent's to ascertain; I went to Cox and Co., and it was refused payment—I did not ask them whether it was a genuine signature; I presented it, and all they said was that they had no funds—I have not their authority to say it was genuine or not—that cheque was put up with some of Pugh's papers—I believe I have got it; I am not quite certain—Pugh took it to a gentleman, a lawyer, to try to get it cashed, and gave it back to me for the purposes of the trial—I cannot tell when it was that he returned it to me—I believe the drawer of the cheque is abroad; I believe he very much misconducted himself—I have never made inquiry after him—I never saw this deposition
until I saw it at Mr. Teague's office—I did not dictate it to Mr. Teague; I gave him the particulars of the transaction as far as I could, and from that he drew it up for correction when Mr. Pugh went—I gave the particulars, as far as I knew; I never undertake to dictate to any lawyer—I believe that statement is consistent with the particulars I gave—it was read over—it was, as nearly as I could recollect, the facts, according to my recollection.
Q. When you told Mr. Teague those facts, did he suggest that if they were proved by Mr. Pugh, it would subject him to a charge of obtaining money by false pretences? A. That was not until after it was corrected, as far as I can recollect—Mr. Teague had previously told me in conversation that the things had been obtained fraudulently—it was not until after the correction that he told Pugh so—I believe it was after the correction—I cannot say what the correction was—I had not the correcting—I saw Mr. Teague correcting the paper from Mr. Pugh's dictation—I do not know whether it was after the correction, "I had no authority from him specifically;" it was not my examination—the country air was not recommended to him; it was proposed by himself—I cannot say whether the country trip was first thought of after the words "from him specifically" were put in—it was first thought of by Mr. Pugh himself; you had better ask him—I particularly wished him to be present as a witness—I did not notice this alteration—I was there to give my particulars as well as Mr. Pugh—we do not listen quite so acutely as to every word; we leave a little to the attorney—I do not recollect hearing the word "specifically" before—if I had taken my own course, I should have given him into custody at first for embezzlement—Mr. Teague said it would not be safe—his attorney had told me that he was insolvent, and as he was collecting debts we could not stop him, and that he perhaps might go on receiving them, and it would be better to get safety than revenge—it was not his own attorney who said that; it was Mr.——; I do not think it was so strong a term as that: I cannot recollect the terms exactly—you may recall them if you like; I do not want to urge them—I do not know that the prisoner dictated to Mr. Teague that words should be put in entirely altering the sense of the sentence—let me see them; I would rather trust my own eyes—(looking at the paper)—I give you my word that I never noticed that before, not the word "specifically."—I have not seen this since the time it was first drawn—I heard it read—I cannot tell whether that was after the alteration—I believe it was read, and while being read it was altered—I did not hear it read after the alteration was made—I think it was only read once—he might require certain words to be entered, which might be done without my positively noticing it—these are the words as they originally stood, "I acknowledge I had no authority to give any such orders in his name"—I do not recollect the alteration, "from him specifically," being made—they might have occurred; I certainly did not notice them—I was present when this was read over, but it was not my evidence, and so long as it was connected merely with reading the affidavit I did not much notice it; but had the word "partnership" been down, I should have been sure to have noticed it, because I was very careful to avoid it—I gave the 10l. because it was necessary for him to go out of town—he said so—he wished it, and it was charged against him in his account—it was nothing extraordinary—Mr. Teague did not persuade me to give it him—I believe he said he could not leave town without getting it—I have no doubt he said so—I did not then
say, "Mr. Teague will lend you the money"—I think I asked Mr. Teague to give him the money—I do not recollect how it occurred, or what the words really were.
MR. CHAMBERS. Q. Did you ever get a single farthing upon this cheque? A. Never—I believe I gave it to Mr. Teague for the action on the rings, and he proposed to me to find out who the clerk was that kept the account to subpoena him on the trial—I am quite sure that no objection was made by the prisoner to his being called a commercial traveller.
WILLIAM SAMUEL MONGER . I am a foreman, in the employ of Mr. Andrews, and have been there a great many years. I recollect Mr. Pugh being there—he once said to me that he was a partner of Mr. Andrews—that was some time about the middle of last July—it was after the trial had taken place about the jewellery—he came in one day as I was at work, and in conversation he brought up the subject of going into the city, and when he came back he said Mr. Teague should home said he was a partner of Mr. Andrews—previous to that, he has told me that when his friends have said to him why did not he have a written agreement to secure himself a partner with Mr. Andrews, he said he did not wish such a thing; that is, such a thing as an agreement, that he considered his situation was better as he was than being a partner—I understood from him that he had a commission—I was present when he and Mr. Andrews had a dispute in Sept. about the rings, and Mr. Andrews said that if he would persist in ordering things against his sanction, he must send him about his business—he made answer to that and said, "When I found my situation was not worth a minute's notice, I thought it time to do something for myself"—I do not know the exact answer he made at that time—I do not suppose that was the answer he made then, but that has been the way—he said that, a day or two before he left Mr. Andrews' situation—what he said on that occasion was that if he could not order a few things to carry on the business to suit the customers he did bring, he should not be able to keep his connexion together, or bring customers at all.
Cross-examined. Q. You say he told you something about being a partner; did he not tell you he had been in the city to Mr. Teague's office? A. Yes—I do not recollect his telling me that Mr. Teague had said if his account was true it made him a partner—he told me that Mr. Teague had said something about partnership on that occasion—I believe I did not hear Mr. Andrews endeavour to persuade Pugh to go to Mr. Teague's office before he went there—I have not heard Pugh decline to go.
MR. CHAMBERS. Q. When was it you first heard him mention anything about being a partner? A. That was some time after he had been in the city, about the middle of July—after the trial had taken place—he had never mentioned such a thing previously.
COURT. Q. Do you mean that it was after the trial took place that he had been in the city, or was referring to what had taken place before? A. Afterwards—it was after the trial that he went to Mr. Teague's.
JOHN HENDERSON . I am in the employ of Welch and Margetson, ware-housemen, of Cheapside. In March, 1853, the prisoner came there and applied to open an account in the name of George Andrews, with whom he said he was engaged as traveller—we requested a reference, and got one to Messrs. Barber, of St. Paul's Church-yard—on two or three other occasions after this he called at the warehouse and ordered goods—he never represented that he was anything but the traveller—we sent the things to Mr. Andrews, charging him with them.
RICHARD ANDREWS . I am a silk warehouseman, of Wood-street. Mr. Andrews was a customer of ours—Pugh Las bought things for Mr. Andrews—he opened an account with me Sept. 6, 1852—he had previously been a bankrupt; and he said that he intended to transfer his connexion to Mr. Andrews, and would I trust Mr. Andrews—he did not say how I was to be paid; he only said that he had made a very good arrangement, and if we did business we should be paid—Andrews was not my customer before Mr. Pugh introduced him—Pugh ordered several lots of goods—I did business with him continously—I have had no particular conversations with him at other times as to what position he held under Mr. Andrews—I saw Mr. Andrews subsequently.
Cross-examined. Q. Are you quite correct about that, did not you see Mr. Pugh on 8th June in the present year? A. Mr. Pugh called on me, but not on the part of Mr. Andrews—I was busy at the time, and he showed me a paper which I paid no attention to, and I recommended him, as the arrangement was so good, to apply to Mr. Andrews—I do not recollect that he referred to a conversation with Mr. Teague or with Mr. Andrews about a partnership.
JAMES CARTER . I carry on business in Cheapside, under the name of Carter and Co., silk manufacturers. In Oct., 1852, Mr. Pugh called on us, represented himself as a servant of Mr. Andrews, and said he wished to open an account for Mr. Andrews—we had not known Mr. Andrews before, and we asked for a reference—he referred us to a house, and afterwards came and ordered several lots of goods—he never described himself in any other way than as servant or traveller to Mr. Andrews.
SAMUEL BOUSFIELD . I am a linen warehouseman in the City. I know the defendant—he represented himself to me as servant to Mr. Andrews—that was in 1852, I think—I have supplied goods from time to time to Mr. Andrews—I made inquiries with reference to Mr. Andrews, and found him to be respectable.
NOT GUILTY .
NEW COURT.—Tuesday, December 19th, 1854.
PRESENT—Sir GEORGE CARROLL, Knt., Ald.; Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY . Aged 46.— Confined Nine Months.
PLEADED GUILTY . Aged 24.—He received a good character.— Confined Four Months.
PLEADED GUILTY . Aged 18.— Confined Nine Months.
MESSRS. ELLIS and POLAND conducted the Prosecution.
CHARLES INNIS JOHNSON . I keep a fancy stationer's shop, in Kingsland-place. On Tuesday, 5th Dec, about half past 10 o'clock in the morning, I was in the shop—the prisoner came in and asked for six skeins of wool; I
served her, they came to 2d., she gave me a half crown; I looked at it, and gave her change—I put the half crown in my money bowl, which was in my desk—I put it on the top of the bowl—it was a small wooden bowl—in a few minutes I went to the bowl again to see if the half crown was good—I found it on the top of the other money, just as I had put it—I examined it, put it in a crack of the counter, and broke a piece out of it—I kept the two pieces in my hand, and looked over my other money; I found but one more half crown in my bowl, and that was bad too—I broke that more" in half than the other—I put the four pieces together in a piece of paper in my desk—my assistant gave them afterwards to the officer—these are the two pieces of the first half crown, and these of the one I broke afterwards—no one serves in my shop but me and Mrs. Pappineau.
ELIZABETH PAPPINEAU . I and my husband live in Mr. Johnson's house, and I assist in his shop. On 7th Dec. the prisoner came to the shop, about 11 o'clock in the forenoon, for half an ounce of Berlin wool—I served her; it came to 4d.—she gave me a half crown.—I was watching her, and I noticed that the half crown was bad—I cut the edge of it with a penknife—I told her it was bad, and asked where she got it—she said she took it of a young woman, and she did not know where she lived, and if I would let her go she would not come again—I sent for a policeman, and gave him the half crown I took, and the two that were broken in the desk, which Mr. Johnson had taken.
Prisoner. I went in the shop on the Tuesday; I gave the woman a half crown; she went round the counter, and said, "This is a bad one;" I did not know it was bad; she sent for a policeman, and said she had some more money, and gave him that too.
GUILTY . Aged 22.— Confined Nine Months.
MESSRS. ELLIS and POLAND conducted the Prosecution.
ELIZABETH JANE POTTER . My husband keeps the King's Arms, near Clare-market. On 9th Dec the prisoner came, About half past 10 or 11 o'clock; he called for a pint of porter—he paid me with a good shilling; I gave him change, a sixpence, and fourpence in copper—he then asked for a pennyworth of gin, and gave me another shilling—I gave him change, a sixpence, a fourpenny piece, and a penny—I put the shilling into the till—the prisoner sat on a seat close by the bar, and in five minutes he called for a pennyworth of tobacco—he gave me another shilling—I looked at it, and it was bad—I then took the other one out of the till; it was bad—my daughter had taken the first shilling; it was not put into the till.
JOSEPH GOFF (police-sergeant, F 41). The prisoner was given into my custody at the King's Arms, on 9th Dec.—Mr. Potter gave me these two shillings in his wife's presence—I took the prisoner to the station—I found on him four sixpences, a fourpenny piece, and 1s. 1d. in copper, all good.
Prisoner. I am a working man; I never was in prison in my life; how I received them I am sure I do not know, but I suppose in my wages; I am a stranger here.
GUILTY . Aged 53.— Confined Nine Months.
MESSRS. ELLIS and POLAND conducted the Prosecution.
ELIZA WELLS . I am barmaid at the Spotted Dog, in the Strand On Tuesday, 5th Dec, I was serving there—about half past 5 o'clock in the afternoon, Perrin and Bryan came in—Perrin asked for half a quartern of gin, and Bryan paid for it with a shilling—I put it into the till—there was no other shilling there—they then both left together—in scarcely a minute Regan came in—I served her with half a quartern of gin—she paid me a shilling—I saw it was bad, and broke it in two—I said to her, "You have given me a bad shilling, and you know it"—she said, "No, I did not"—I looked in the till for the other shilling, examined it, and found that was bad also—I made a communication to Mr. Wilson, and he went to the door, and found Perrin and Bryan waiting outside—he pushed them in, and closed the door on them all three—when Perrin was inside, he said, "Here is a good shilling for you; that is all you want"—we sent for an officer, and gave the three prisoners into custody—Mr. Wilson gave the shillings to the constable.
Perrin. Q. Did I not throw down a shilling for a pint of beer and a screw of tobacco? A. No.
THOMAS WILSON . I keep the Spotted Dog, in the Strand. I was in front of the bar when Regan came in—I saw her tender a shilling to the last witness—I was inside the bar when that shilling was broken—I took a pair of pliers and cut it in two—the last witness took a shilling out of the till—that was bad—that was the shilling she had first taken—I broke that and cut it—I took possession of those bad pieces, and gave them to the constable at the station house the same evening—after finding the second shilling was bad, I went to the door, and found Perrin and Bryan standing by the lamp post, laughing—they were about ten yards from my door—I took Perrin by the collar, and brought him and Bryan back into my house—Regan ran away, but I ran and brought her back—I kept them all till the officer came, and gave them into custody.
Regan. I did not run away; I went by myself; I did not go with these people; I know nothing of them.
WILLIAM EDWARD FIRMAN (police-sergeant, F 1). The three prisoners were given into my custody at the Spotted Dog—I received these shillings—I found on Perrin 4s. 6d. in good silver, and 8d. in copper, and on Bryan 2s. 6d. in silver, good.
WALTER HOLMES (policeman, F 50). I was on duty in the afternoon of 5th Dec.—I met the three prisoners in Clare-street, Clare Market—I followed them towards Lincoln's Inn-fields—they were all three together in conversation, and as if in a great hurry, as though they had done something, and they were looking round—I left them and went round my beat—I afterwards met them all three in Great Queen-street, coming from Lincoln's Inn-fields towards Drury-lane—the first time I met them it was a little before 3 o'clock, and the second time was nearly half an hour afterwards—I followed them into Long Acre—they stopped, and had some conversation, and Perrin went into a public house—he came out, and the two women went in—they then joined, and went on to another public house, and stopped there so long that I did not stop for them—I am quite confident the prisoners are the persons.
Perrin. Q. Did not you say that you saw us in Long Acre, and did not you go into a public house? A. I went into a public house, and the land-lady
said you gave a 4d. piece—she said you would not try it on with her, but if any one else had been there you would.
Perrin's Defence. This day fortnight I went to Brentford to get work; I was there till 10 o'clock; I came up to Hammersmith; I met some mates, and went and had some beer; I left them and came to Knightsbridge; it rained very heavy; I went into a public house to get a pint of beer; there were some Life Guards there; a gentleman gave me a glass of ale, and I stopped till near half past 4 o'clock; I came up and met Bryan, and we went in and had half a quartern of gin; I stood there and drank it; I never was in Lincoln's Inn-fields or Long Acre, I don't think, for three weeks before; I was standing talking with Bryan, and the master of the house came out and said, "I want you inside," and pushed us both in; I had been standing talking for ten minutes; if I had known the money was bad I could have been two miles from the place; I never saw Regan before; I wag never at Long Acre; it is the biggest lie that ever was tittered; I am as innocent as baby of it.
Bryan's Defence. I asked this man to nave a drop of gin; I was standing outside talking to him, and the man fetched us in; I never saw this woman before.
Regan's Defence. I went to have a drop of gin, and gave the shilling; I know nothing of these people at all; I was going my way home.
PERRIN— GUILTY . Aged 59.— Confined Two Years.
BRYAN— GUILTY . Aged 30.— Confined Twelve Months.
REGAN— GUILTY . Aged 44.— Confined Twelve Months.
(It was stated that Perrin had been in custody, for like offences, eighteen times, and that Bryan had also been in custody).
MESSRS. BODKIN and POLAND conducted the Prosecution.
ENOS CROFTS . I am a baker, at Grosvenor-street West, Pimlico. In the evening of 1st Dec., the prisoner came in about 7 o'clock—he asked for a half quartern notched brick—I had not one—he had another loaf and paid me half a crown—I gave him change, and he left—as he was leaving, I noticed the half crown; it was a good one—I put it in the till—there was no other half crown there, only two or three sixpences—in about five minutes a female came in, and asked for some sweet stuff; I went round to serve her, and the prisoner came back and said the loaf would not do—e brought it back, put it on the counter, and gave me the 2s. 1 1/4 d. which I ad given him, and I gave his half crown back; I had but that one—the woman then said she would not have the sweet stuff, she would have some biscuits—the prisoner then said, if he took a cottage loaf would I change it if it would not do—I said, "Yes"—he took a cottage loaf, and gave me a half crown, and I gave him the 2s. 1 1/4 d. back—I tried the half crown, and found it was bad—I am positive it was not the half crown which I had given him—he was going out, and I ran round the counter to try to stop him—he got out before I got round, and the female who was in the shop shut the door after him—that I prevented my following him—I opened the door and he was gone; I saw through the window that he ran through the cab rank, and then I lost sight of him—he had taken my two good shillings and the loaf, and the good halt crown, and left me the bad half crown—the woman had 6d. worth of biscuits, and went away; I do not know what became of her—I kept the half crown in my pocket till the next day, and
gave it to the officer—about 4 o'clock on the next day, the prisoner came again; I recognised him—he said the loaf he had had the day before had done very nicely—I said it was more than the half crown had done for me—I ran round the counter—he ran away as fast as he could out of the shop—while he was in the shop I had noticed that he had in his hand some halfpence, and a 5s. piece between them—I pursued him, and he was stopped in Eaton-street, Pimlico—I had seen him pass the end of a coal wagon in the middle of Eaton-street—a man named Bishop, a cabman, took a 5s. piece out of the wagon; he gave it to me, I put it in my pocket with the half crown, and gave them both to the constable.
Prisoner. Q. Did not I tell you, if that was a bad half-crown to give it me back, and I would take it to the person I got it from? A. Yes; but I was too wide awake to do that—you did not say you would go and fetch somebody.
WILLIAM BISHOP . I am a cab proprietor. I was in Grosvenor-street on 2nd Dec, about a quarter before 4 o'clock; I saw the prisoner running, and Mr. Croft following him—I ran after him, and called, "Stop him!"—he passed by the tail of a coal wagon, in Eaton-street, and I distinctly saw him throw a 5s. piece into the wagon—he was stopped by a young man, I think his name is Goodyear, at the corner of Ranelagh-street, and given into custody—the crown piece was taken out of the wagon—I saw it thrown in, and I saw it taken out and given to Mr. Croft.
EDWIN MORSELAN (policeman, B 103). The prisoner was given into my custody in Chester-square—I produce this crown and half crown which I received from Mr. Croft at the station—I found some copper money on the prisoner.
Prisoner's Defence. A man sent me with this half crown to get a half quartern loaf; he got the loaf, and 2s. 1 1/4 d.; he gave me a penny, and a glass of gin; the next day he sent me to get a loaf, and gave me a crown; I went in, and Mr. Croft said the half crown was bad; I said I would go and fetch the man; I was going, and was stopped.
GUILTY . Aged 27.— Confined Nine Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
THOMAS WALTERS . I am foreman to Mr. Game, who keeps a public house in King William-street. On 25th Nov. the prisoner came, and asked for half a quartern of gin; I served him—he gave me a bad shilling—I bent it, gave it him back, and said it was bad—he said I was a b——liar; and he threw down another shilling, and said, "Take it out of that"—I tried that, and broke it in halves—I went round the counter to stop the prisoner, but he got outside—a policeman was just at hand, and I gave him in charge—I gave the second shilling to the policeman.
JAMES CUSHION . I was in Mr. Game's house that day—I saw the prisoner; he came and stood on the right side of me—I saw him put down a shilling—Mr. Walters said that it was bad—the prisoner chucked down another shilling—Mr. Walters broke that into two halves, and sent me for a policeman—I went, and when I came back the prisoner was about twenty yards out at the door; he was given into custody—I followed him to the station; he threatened me very much.
gave the primmer in charge—I searched him at the station, and found on him two bad shillings (one of them was bent), a good shilling, six sixpences, three fourpenny pieces, and is. 6 1/4 d. in coppers, all good—I produce part of a broken shilling which 1 received from Mr. Walters—the prisoner was very violent—he gave his address, No. 3, Laxton-street, Long-lane, Bermondsey; I went there, bat heard no tidings of him.
Prisoner. I work very hard for my living; I had half a sovereign on Friday night; I changed it somewhere, I cannot tell where exactly; I went to have half a quartern of gin; I did not know the money was bad.
GUILTY . Aged 28.— Confined One Year.
MESSRS. ELLIS and POLAND conducted the Prosecution.
JOHN PICKERING . I am apprentice to Mr. Teed, a grocer, in Bishopsgate. On 9th Dec. I was in the shop—about half past 10 o'clock at night, the prisoner came in, and I served him with half an ounce of tea and a quarter of a pound of sugar—he gave me a shilling to pay for it—it was bad—I went from behind the counter, and called in the warehouseman to take care of the shop while I went out for an officer, leaving the prisoner in the shop—I found an officer about half a dozen doors off—I overtook the prisoner, and gave him in charge—he did not go quietly to the station—there was a scuffle, and I saw a bad sixpence drop from his hand—I am quite sure I saw it drop—I took it up, and when we got to the station I marked it and gave it to the officer on the Monday, at the Mansion House—I gave him the shilling I had received from the prisoner.
GEORGE BOWLES (City policeman, 751). I was on duty on 9th Dec. in Bishopsgate-street—the last witness called me, and pointed out the prisoner as having passed a bad shilling—I took hold of the prisoner's right arm, and when I got him out of the shop he asked me if I understood a Lancashire kick—a scuffle ensued, he gave me a kick, and a sixpence dropped on the pavement—just after I recovered from the kick two men came up, and said, "What is up? What is your game?" and nearly knocked me backwards—I saw the prisoner pass between those two men, and the man on the left side took something from him—the men went away, and I got the prisoner to the station—this is the shilling and sixpence.
Prisoner. I had the shilling, and thought it was good; as to the sixpence, I know nothing about it.
GUILTY . Aged 40.— Confined One Year.
MESSRS. ELLIS and POLAND conducted the Prosecution.
JAMES BRANNAN (police inspector). On 23rd Nov. I went to a house, No. 6, Winchester-terrace, Agar Town, about 10 o'clock in the forenoon—I knocked at the street door—it was opened by a female—I went in and opened the parlour door on the ground floor—I there found the prisoner in bed with a female, whom I believe to be his wife—I said, "Mr. Cole, I suppose you know me; I belong to the police; I want you on suspicion of a burglary"—he said, "I forget you, Sir; you know I don't do anything now"—I went to the mantel piece, and took possession of this scent, bottle and pepper castor (produced)—I placed them on a table, and pulled the
drawer of that table out—I found in it a parcel containing eight keys, one a double key, some skeleton keys, and some with composition adhering to them—I found a file, a chisel, and a screwdriver—I showed them to the prisoner, and he said he picked them up—I found a second parcel, containing four half crowns, wrapped in papers separately—I showed them to the prisoner, and said, "Are you alluding to these?"—that was in answer to his saying he picked them up, and he said, "Yes"—I told him to dress himself—he was in the act of doing so, and I searched his trowsers pocket, and found in it one counterfeit shilling—I showed it him, and he said, "I can account for that; I got it at a shop in Tottenham-court-road"—I said, "If you will tell me the shop I will inquire"—he made no answer—I took him into custody.
NOT GUILTY .
MESSRS. ELLIS and POLAND conducted the Prosecution.
CATHARINE HOAD . I am barmaid, at the Swan with Two Necks, Great Carter-lane. On Sunday evening, 3rd Dec., the prisoner came there—I served him with a pint of half-and-half—it came to 2d.—he paid me with a half crown—I put it into the till, and gave him change—there was no other half crown in the till; it was the only one I had taken that day—I gave it to the servant, Emma Brinkler, to go to the chemist's, to pay for some medicine for the child—she returned to me with a piece of a half crown—that piece I gave to Mrs. Hoad, and she passed it to Mr. Hoad—on the following Friday the prisoner came again, about a quarter before 6 o'clock in the evening—I served him with half a quartern of rum—he threw down a half crown—I put it between my teeth, and found it was bad—I walked to the parlour door, and gave it to my brother—he asked the prisoner where he came from—he made no reply—I said, "You were here on Sunday"—he said he was not—he was given into custody.
EDMUND HOAD . I was at home on Friday, 8th Dec., about a quarter to 6 o'clock—I saw the prisoner—my sister gave me a half crown—it was bad—she pointed to the prisoner as the person who uttered it—I gave him into custody—I marked the half crown, and gave it to the officer—I had seen my sister give my wife a piece of a half crown—I took it, and gave it to the policeman.
EMMA BRINKLER . I am servant at the Swan with Two Necks. On Sunday, 3rd Dec., I received half a crown from Catharine Hoad to purchase some medicine—I took it to Mr. Keating's, and gave it to Mr. Taylor—he put it in the detector, broke it, and said it was bad—he gave me one piece—I took it home, and gave it to Catharine Hoad.
JOHN NUNWICK TAYLOR . I am assistant to Mr. Keating, a chemist, in St. Paul's Churchyard. On Sunday, 3rd Dec., the last witness brought me a bad half crown—I put it in the detector, and broke it in two pieces—I gave her the larger piece—the other piece remained on the counter till the morning, and it was lost.
WILLIAM BLEACH (City policeman, 363). On 8th Dec. the prisoner was given into my custody at the Swan with Two Necks—I received this half crown and this piece of a half crown from Mr. Hoad—the prisoner said he
received it from his uncle, and he had been working on the water—he said he lived at No. 9, Horse-head-court, Dockhead—I went there, and no such place could be found—on the Saturday the prisoner said he was very glad one of the two was got off, as he could get plenty of witnesses to prove he was not there that Sunday—I said, "What Sunday?"—he said, "Last Sunday."
GUILTY .— Confined Nine Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
THOMAS NICHOLAS HENRY ENGLAND . I am barman, at the Black Horse, in Poppin's-court. On 27th Nov. the prisoner came with a female—they called for a pint of ale—I served them—the prisoner paid in copper—he then called for half a quartern of gin—he paid for that in copper—they drank all this at the bar—he afterwards had a quartern of rum—it came to 5d.—he laid me down half a crown—I gave him change—I found, in about five minutes, that the half crown was bad—he had then offered me a second half crown for half a quartern of rum—I found that second half crown was bad—my master then went to the till where I had put the first half crown, and found that was bad—it was the only half crown in the till—a policeman was called, and the prisoner was given into custody—I broke the second half crown, and gave the pieces to the policeman.
Prisoner. Q. I had a pint of sixpenny ale, and then half a quartern of gin? A. Yes—it might be about a quarter past 8 o'clock—you had some rum afterwards—you did not have any bread and cheese—you did not go in the bagatelle room—you did not have anything to eat—we gave you into custody as soon as we could find a policeman.
HENRY MAT . I am landlord of the Black Horse. On the night of 27th Nov., the last witness broke a half crown, and gave me the pieces—the prisoner was standing at the bar, and the witness said he had paid it him—finding that was bad I went to the till; I found only one half crown there—I showed it to the barman, and then broke it in two pieces—I had got one piece of the second half crown that was taken, and the prisoner took the larger piece of it, and he ran out with it while I was breaking the one that I took from the till—he was secured, and given into custody—I gave the three pieces that were left to the constable.
GUILTY . Aged 37.— Confined Nine Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
GEORGE PIKE . I am a baker in Shoe-lane. On Saturday evening, 2nd Dec., I was in the shop between 10 and 11 o'clock; the prisoner came in for a two pound loaf, the price was 4 3/4 d.—she tendered me a half crown; I examined it and found it bad—she said she was not aware of it; I gave it to Lockyer—the prisoner stood in the shop, and I said, "If you can give me proof of your respectability, I don't wish to detain you"—she said she had taken it for making great coats and clothing for soldiers.
my custody—Mr. Pike charged her with offering a bad half crown; she said she took it at Mr. Myers's, No. 5, Broad-street, St. Giles's—I found no other money on her, but one penny—this is the half crown—I went to the place she mentioned, and found she was not known there—I took her to the station, and as I was taking her from Guildhall to Newgate she said she should get turned up as she had been before, because she had only one piece—she was in custody about four mouths before, for passing a bad shilling.
Prisoner. I took the half crown from Mr. Myers—I went to the baker for a half quartern loaf, and he told me it was bad.
GUILTY . Aged 21.— Confined Fine Months.
MESSRS. ROBINSON and W. J. PAYNE conducted the Prosecution.
FREDERICK ENDERS . I am a tailor, and live at No. 167, Regent-street. The prisoner was foreman in my employ up to 23rd Sept., when he was discharged from my service—while he was in my service, he was in the habit of collecting money for me—he had no right to do so, and no authority from me to do so after he was discharged—I had a customer named Eastop; he owed me 1l. 14s. at that time—that has never been received by me—the prisoner had no right to go to Mr. Eastop for it.
Cross-examined by MR. O'BRIEN. Q. How long have you been a tailor? A. Since 1851—the prisoner had been in business as a tailor—he had been shopman to Mr. Hayes—he had never been in business for himself to my knowledge—he first came to me in the beginning of March, 1851; he has been with me ever since, but he left me for six months to go to Mr. Hayes—I did not go to Mr. Hayes to get him back—I wrote to the prisoner to come back—that was on 19th April, 1852—since that he has been constant in my employ—the 23rd Sept. was on a Saturday; that was the day I discharged him—I did not give him a week's notice—I do not know whether that is usual in our business—I do not know that the prisoner claimed a week's notice, or a week's wages—I do not recollect that he claimed 30s. or a week's wages from me—he presented me with a bill bringing me in his debt 4l. 1s. 4d.—I have not that bill; it is lost—he presented it to me on Monday, the 25th Sept.—I do not recollect that on that Monday he claimed 30s. for my discharging him—I had given him 3l. 3s. worth of goods on sale or return—he took a coat and trowsers out two or three days before I discharged him; that would leave me 18s. 4d. in his debt—I did not give him in charge for obtaining those goods under false pretences, but for obtaining goods on my account to the amount of 6l. at my woollen draper's; he was discharged from that, because they would not prosecute him—I gave him into custody three days after he was discharged—Mr. Eastop was a customer of mine—Mr. Bibb introduced him—I have seen him—I received an order from him in person yesterday—I do not recollect that I received an order from him in person before—I gave the prisoner in charge—I never came to any settlement with the prisoner.
MR. PAYNE. Q. What wages had the prisoner? A. Thirty shillings a week—the reason I did not give him any notice was, I sent him out a week before on my business, and he never came home all day—I called that neglecting my business—I forgave him that, and on the 22nd, in the evening, I asked him to make me out a bill of a customer that owed me 19l.;
I intended to go to get that money the next morning, as I was in want of it, and after I left he spoke to my foreman, and in the morning when I came to the shop, I asked where Mr. Bibb was, and my foreman said he was gone to cash a cheque—he went before breakfast, and did not come home till 1 o'clock—it was in consequent of his being absent from business on the 23rd, that I discharged him—he had goods from me to the amount of 3l. 3s.—he is still in my debt that amount—I owed him 2l. 8s. 4d., not 4l.—I never received any order from Mr. Eastop till yesterday—a great many customers come, others write—the first tune I gave this man in charge, he obtained 6l. worth of cloth at one of my woollen drapers on my account; he was discharged, because the draper would not come forward; he would claim the money of me.
JOHN EASTOP . I am an artist. On 26th Sept. the prisoner called on me in Gough-square; he said he had called for the account, 1l. 14s., which I owed to Mr. Enders—he had been in the habit of bringing me goods from Mr. Enders before, and received the money—I gave him but 1l. 10s., because I was short of change—he gave me the receipt for 1l. 14s.—this is it—he brought it ready receipted—I certainly would not have paid this money if I had known he had been discharged from the service.
Cross-examined. Q. How long have you known the prisoner? A. Three or four years—I have been in the habit of giving him orders at the shop of Mr. Enders, and I gave him orders at the shop of Mr. Hayes—I believe he was in business for himself privately—I believe I have given him orders privately—I have dealt at Mr. Enders's twelve or eighteen months.
WILLIAM TURPIN (police sergeant, M 6). I received charge of the prisoner on 23rd Nov.—the prosecutor told him, in my presence, that he was charged with embezzling 30s.—the prisoner said that the prosecutor owed him more money, that he owed him 5l.
Cross-examined. Q. Was Mr. Enders with you when he gave him in charge? A. Yes; at the Southwark Police-court—he charged him with embezzling 30s., and the prisoner said he owed him 5l.—as soon as Mr. Enders found he was discharged from whatever charge it was, he gave him in charge there.
MR. ROBINSON. Q. Bid you hear the first charge? A. No—I was there when the prisoner was discharged—I do not know why he was not taken into custody before.
NOT GUILTY .
OLD COURT.—Wednesday, December 20th, 1854.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice CRESSWELL; Sir CHAPMAN MARSHALL, Knt, Ald.; Sir ROBERT WALTER CARDEN, Knt., Ald.; and RUSSELL GURNEY, Esq.
Before Mr. Justice Cresswell and the First Jury.
MR. RYLAND conducted the Prosecution.
LOUISA HARRISSON . I am the wife of Edward Harrisson, a carpenter; we live at No. 2, Bull Inn-yard, Aldgate, right opposite the tap, which shows" a light upon our door, and the gas Light lights all over our kitchen; the
house consists of a kitchen below, and three rooms over it. I occupy all but the middle room, which is occupied by a lodger, Mrs. Blower, a laundress—I have two children, one is fourteen months old, and the other four years—there are two long muslin curtains and a blind to the kitchen window, which looks into the yard, but they are quite thin; anybody can see through them—I assist my husband by taking in dress and mantle making—last Monday week, about half past 6, or a quarter to 7 o'clock in the evening, I was sitting in the parlour, the ground floor room; I had a lamp, and there was also a good fire which gave some light—I saw a person looking in at the window, as if he was reading my name as dress and mantle maker, which is on a sign board in the window, and directly afterwards I heard a gentle knock at the door; I went to the door and saw the prisoner with a bundle—he asked if Mrs. Harrisson was in; I said, "I am Mrs. Harrisson"—he said "I have brought you some work from my sister"—I asked him into the parlour to see what work it was he had—I went in and he followed me, and shut the door after him, and the parlour door also—the light was on the table close to the door; he put out the light, and said, "Now I want your money"—I said, "I have none"—he touched the outside of my dress, and my money jingled in my pocket—I bad 1l. 4d. in silver, and 2d. in copper, loose in my pocket—he dragged my pocket out, took all the money out, threw the coppers on the floor, and left them there—he then struck me on the nose, and the blood flew on to the bosom of his shirt; I then fell with my head against the corner of a chair, and then he dragged me across to the other side of the room, and struck me at the back of my head with a large stick of my husband's, and left me on the floor unable to speak—then he went to the other end of the room, took two pistols out of his pocket, put them on the table, and said, that if I hallooed out he would kill the baby, which was lying asleep—he cut each end of the line which was hanging in the room, tied my hands together with it, and then dragged me to the other side of the room, jammed me in between two chairs and left me—the eldest child then began to scream—he prisoner went upstairs, came down again, and the children were then both screaming; he went out of doors, and I saw him look over the short blind as he went by the window—I was then on the floor, unable to make any alarm—my eldest child ran over to the tap and gave an alarm, upon which two men came to me, and afterwards the police, and a medical gentleman—in the course of that evening I gave a description to the police of the person who had attacked me; and on the following evening I went, t the request of the police, to a penny theatre, about 300 yards from our house—I went into the pit alone, and saw the prisoner standing by the orchestra with a short pipe in his mouth, and the same handkerchief and trowsers as he had on before; it was a white handkerchief with large blue or green spots; I believe blue—I felt quite certain that he was the man, and I feel quite positive now; I went out directly and spoke to the police, and they went in and took him into custody—I had seen him before, on the Wednesday before this happened, that is three weeks to-day; I was coming from the Metropolitan Hospital with my children, and saw the prisoner near the Exchange with some handkerchiefs, which were not new, and one of which he asked me to buy for a 1s., then for 10d., and then for 8d.; but in consequence of what a woman who was with me said to me, I did not buy it—I did not stand still, I was going on and the prisoner followed me—I had an opportunity of observing his features; he was five or ten minutes in my sight on that occasion, and he was ten minutes or a quarter of an hour in my parlour on that night.
Cross-examined by MR. COOPER. Q. Were you very much alarmed and frightened? A. Very much—the two children were in the same room on the sofa asleep—they did not awake till just before the prisoner went out—I tried to scream, but he held my mouth—he was not a minute up stairs; he came down and went out—he had on a cap with braid at the top and a peak to it; it was put on a little on one side—his handkerchief was tied in a knot, and the ends tucked under—he wore a pepper and salt coloured coat—the Exchange is close to the hospital, and about half a mile from my house; I was carrying one child, and the other was walking—there are a great many men selling almost all kinds of goods about Whitechapel—the street is a market, there are so many people.
THOMAS COSTER . I am a porter at the Bull Inn-yard, Aldgate—the tap room is opposite the door of Mr. Harrisson's house—I was sitting in the tap room on this evening from twenty minutes past 6 to 7 o'clock, and Mrs. Harrisson's little girl came into the tap room—in consequence of what she said, I instantly ran over, went into the ground floor room, and found Mrs. Harrisson lying between two chairs—I then called for help—I did not know whether there was anybody else in the house—a man from the tap came with a light, and undid the line which was across her hands, and I raised her up into my lap, and observed that she was bleeding from the right side of the head—she was not sensible—a doctor soon came and attended her, but she did not come to herself while I was there—I went to fetch her husband.
WILLIAM HARVEY . I am a waiter at the Bull Inn, Aldgate—I saw the little girl come over on this evening—I followed Coster to the house, and saw Mrs. Harrisson sitting on his lap insensible—her hands were tied; I untied them—she was bleeding about the head.
JAMES LITTLE (policeman). On the evening of 11th Dec., I was on duty in Aldgate High-street—in consequence of information, I went as quickly as I could to Harrisson's house—I got there about a quarter to 7 o'clock—I saw Mrs. Harrisson sitting on the lap of Coster, another man was undoing a rope from her hand—I sent for Mr. Cook, a surgeon; he came—Mrs. Harrisson that evening gave me a description of the person that she said had injured her—I examined the room—I went up stairs with a light—I did not find anybody down stairs—I found a stick lying down in the parlour which had blood on it; there is a stain on it now—I found four halfpence on the floor—I also saw blood upon Mrs. Harrisson's dress, and likewise on her feet—from the description she gave me of the person, I went along with Finnis, a brother officer, on the Tuesday night, to White-chapel, with Mrs. Harrisson—she went into the penny theatre, and came out and said that the man was in there—I went in along with my brother officer, and Mrs. Harrisson went in again and pointed out the prisoner—I took him into custody—I cannot say that I had seen him before.
Cross-examined. Q. You had spoken to Mrs. Harrisson before she went to this theatre, I believe? A. No, not this night; I had seen her in the morning—I did not say anything to her about the prisoner—I asked her whether she would know the man again; and she said "Yes," that was all—I believe she was along with my brother officer first—I did not hear him say anything to her—before she went into the theatre, I had not said anything to her about seeing any one there; I do not know whether my brother officer had—the prisoner was inside the theatre—the woman there said that he acted as officer to keep the boys quiet—I had not been there
before—I had not gone in before the prosecutrix that night, and I do not think my brother officer had; I do not know.
HENRY FINNIS (City policeman). I accompanied Little and Mrs. Harrisson to the penny theatre—I had seen her before that, and she had given me a description of the man who had ill used her—in consequence of that, I went to this penny theatre before I went there with her—I there saw somebody who answered the description she had given me; it was the prisoner; he had this handkerchief round his neck—I went again the same night with Mrs. Harrisson—she went in alone—she came out again in about a minute, and told me something—I and Little then went in with her—we found the prisoner there, and took him into custody—I told him he was charged with assaulting and robbing Mrs. Harrisson, who was there with me—he said he knew nothing at all about it, but he would go any where with me; I asked him at the station house where he lived—he said at No. 19, Rutland-street, Cannon-street road—I went there, and found his father there—I saw his brother there and an old lady, who I supposed to be his mother—I searched his person, and found on him 7s. 0 1/2 d. in money altogether, a 2s. piece, 4s., a 6d., and the rest in coppers, a knife, and a key—I had not known him before.
Cross-examined. Q. How came the prosecutrix to go to the theatre that night? A. In consequence of my going to her; I told her I had seen a man there answering the description she gave—I walked with her to the penny theatre—I did not go in until she came out—I told her, before she went in, that I had seen a man answering the description—I had not seen him inside—I had seen him at the door twice that evening before she went in—he was talking to persons about the door.
JOHN HENRY COOK . I am a surgeon, residing in the Minories. On the evening of Monday week last, I was sent for to Mrs. Harrisson; I got there about a quarter to 7 o'clock; I found her sitting in a man's lap, faint and insensible, and unable to speak—there was no light in the room—after a candle had been lighted I had her removed on to the sofa, and did what was necessary for her relief, and after about a quarter of an hour or twenty minutes she came to—she remained sensible for about half an hour, and then she had a convulsive fit, which lasted about five minutes—she afterwards came to, and was conscious all the time I was there—I observed two abrasions on the right side of her face; her nose was bleeding profusely, and there was a wound on the back of the head, from which blood was flowing—she has been under my care ever since, and is so still—I gathered from her, and observed that she was in the family way.
MR. COOPER called the following Witnesses for the Defence.
EDWARD BROWN . I am barman to Mr. Phillips, of the Red Lion and Spread Eagle, No. 94, High-street, Whitechapel. On Monday evening, 11th Sept., I saw the prisoner at five minutes past 6 o'clock—he entered the house, and he left at a quarter past 6 o'clock—he happened to look up at the clock, and he remarked, "I am late," and I had to go to the door to drive away a lot of children from the private entrance—he went away, and went into the penny saloon—I did not go with him—I saw him go in, it is only three doors up—he had to keep the place quiet—I had not attended the theatre, I have been in there once or twice to take beer in—at five minutes to 7 o'clock the prisoner came in again with Mr. Lawrence, who is an actor there—they stayed about five minutes, and Mr. Roe, the proprietor of the penny saloon, came in—I did not see anything more of the prisoner after he left.
Cross-examined by MR. RYLAND. Q. You say that you sometimes go to this theatre to carry in beer; is that the only purpose for which you go there? A. I go in there once or twice, just to have a look at the pieces—I was not there at all that Monday night—I know the Bull Inn yard—that is about five minutes' walk from the saloon—the prisoner acts as an officer of the saloon, to keep the place quiet—all I know about him is that he is a very quiet, inoffensive man—the performance begins about half past 5 or a quarter to 6 o'clock, and lasts till about 11 o'clock in the evening—he first came into our place that evening at 5 minutes past 6 o'clock, and stopped about ten minutes or a quarter of an hour—I saw him go to the theatre, and he came back about 5 minutes to 7 o'clock, and stopped about five minutes—he then went away, and I saw no more of him—he had on tight corduroy trowsers and one of those short coats—I have seen him with a handkerchief on similar to this (the one produced)—I cannot swear that he had this handkerchief on that night—I cannot swear to the handkerchief at all—I did not take particular notice of what the man had—I have seen him with a handkerchief something similar to that one—I saw him, I think, on the Sunday, with a handkerchief something similar to this—I noticed it, because I met him at the door when he was going out to fight—that was on the Sunday morning—I cannot swear that this is the handkerchief he had on then, but it was one like it—I did not notice whether he had any handkerchief round his neck on the Monday night; I was rather busy—Monday night is rather a busy night—I did not notice whether he had any handkerchief round his neck that night—I have never seen him with a collar on—I cannot swear whether he had a handkerchief round his throat, or whether I could see his bare throat—I have heard that he has been a fighter—I do not know whether he is a prize fighter or not—I did not go with him on the Sunday.
COURT. Q. Who was he going to fight on the Sunday? A. I do no know; it was some man at Mile-end—he was always quiet in our place.
WILLIAM LAWRENCE . I am manager of this theatre, in Whitechapel. I remember the night of the 11th—I was at the theatre that evening, from the opening of the theatre—I saw the prisoner that evening, from half past 6 to half past 8 o'clock—he was in the place all that time, till he went out with me after the chorus was sung—we went into Mr. Phillips's public house—we had a glass of shrub and water there—we had just time to drink it, and then we returned to the theatre again—he acted as an officer to keep order—Mr. Roe, the master of the establishment, paid him—I do not know what he had a week—I am quite sure he was there, attending to his duty, until half past 8 o'clock—that terminated the first performance, and then he went out.
Cross-examined. Q. You say he was in your company from half-past 6 till half past 8 o'clock? A. Yes, in the saloon—I am quite sure he was there all that time—he never left, except merely when he went into the public house, and he returned before me—that was about 5 minutes to 7 o'clock, as near as possible—we did not stay there two minutes, and then returned to the theatre, and there he staid till the first performance was over, which was half past 8 o'clock—I had seen him the day before, Sunday—I went to the fight with him, but they did not fight; the other man did not come to his time, and forfeited his money—the prisoner was dressed on Monday night in a pea jacket, and a light scarf, with a darkish spot in it, and cord trowsers, very tight; his usual dress, in fact—this is the scarf—I have no doubt whatever of it.
MR. COOPER. Q. How long has he worked at this theatre? A. I should say, as near as possible, about four months.
JOSEPH TOMLINSON . I remember this Monday, the 11th—I was with Mr. Mallett all the afternoon, from half past 3 till 6 o'clock in the evening, and then I met him again at 25 minutes to 7; he was then in the saloon—I went under the stage to see some of the people engaged at the place—the dressing room is under the stage—I returned about 5 minutes past 7 o'clock, and he was then going on the stage, I believe, to hold the people while they were having the laughing gas—I left him by the orchestra then, and went out of the place—I returned again in about an hour, and he was there then.
Cross-examined. Q. You say you were with him from half past 3 to 6 o'clock? A. Yes—we were in the saloon in the afternoon—there were some people there having their likenesses taken—he was not in the saloon from half past 3 till 6 o'clock—we came out of there, and he asked me to take a walk with him down Whitechapel—that was a little after half past 5 o'clock—it was 25 minutes to 7 when I saw him again in the saloon—I went out and returned in an hour, and he was standing by the orchestra; he always stands there all the evening—he had on a pea jacket and this scarf—I was with him when he bought this scarf, on Sunday morning; he gave 18d. for it—I saw him on the Tuesday evening—there was a row outside the door in the road, with two chaps, fighting, and he was there then—I did not see him in the theatre when he was taken into custody on the Tuesday evening, I saw him just before—I did not notice whether he had this handkerchief on then—I did not notice his dress that evening—he had on this handkerchief when I saw him outside the door at 6 o'clock on the Tuesday evening, and the same jacket, and he had it on on the Monday evening—he spoke to me about it—I was going to buy one myself like it.
MR. COOPER. Q. Then there were other handkerchiefs, were there? A. Yes; there were a number of scarfs at the same shop on the Sunday morning, and I was going to buy one; I picked this one out, and he fancied it himself, and gave the person 18d. for it.
JURY. Q. How does he get his living? A. I have always been told that he worked in the docks; I could not swear to it—he gets so much a night at this saloon; I cannot say how much—I generally open the doors soon after 6 o'clock, sometimes half-past 6, to allow the people to go in—the performance begins about 7 o'clock, sometimes before—we have no regular time, it is according to what people there are in—the place holds 300 or 400 people when it is full—sometimes it is full and sometimes slack—I am engaged next door, at Mr. Pollard's—I at times go in there, almost every night for the last six weeks—there is singing and dancing there.
ELIZABETH LAKEMAN . I am a widow; I keep this theatre for my nephew, and take the money there. I know the prisoner from employing him, I think, about three months—he gets two nights a week 18d. a night, and the other nights 1s.—he has to keep peace and quietness, and to keep the saloon select—I remember this Monday night—I got to the theatre at 25 minutes after 5 o'clock that evening, and when I got there, to the best of my recollection, he was sitting on a seat in the shop—we have to pass through a shop to go to the theatre—I saw him after that repeatedly through the evening, as it was his custom to go in and out of an evening, and he always speaks, and asks me if all is right—he did just the same that evening as all other evenings—I considered him a very quiet, harmless young man—he had very little to say, and always did his duty—he bore a good character,
as far as I knew—he was recommended by a party, who said he was a very quiet young man—it was necessary for us to have a person, and we engaged him—he appeared a very quiet, inoffensive man.
Cross-examined. Q. How many nights a week is the theatre open? A. Six nights—he was employed six nights a week—I believe he did fight prize fights, but he never fought in our place—it was his duty to keep quietness at the theatre—if he chose to go out for half an hour during the evening, there was nobody to prevent him—I know the Bull Inn-yard; it is not a very great way from the theatre; I cannot say the distance.
PETER REEDER . I remember this Monday night—I was at this penny theatre—I know the prisoner by his being there since I have played there—I play the violin there—he generally stands alongside of me, in front of the stage—on this Monday night I saw him first at 10 minutes past 7 o'clock, on the stage—he was there about twenty minutes, with the laughing gas—he held the people to save them from hurting themselves—I did not take notice where he was after he left the stage.
COURT. Q. What time did you go to the theatre on the 11th? A. About 5 minutes past 6 o'clock—I have to play at the door all the night long, and inside as well—I do not have any rest—I took my place in the orchestra at half past 6 o'clock—I was playing there to the singing and dancing till the laughing gas began.
GUILTY . Aged 22.— DEATH recorded.
NEW COURT.—Wednesday, December 20th, 1854.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. HUNTER; and Mr. RECORDER.
Before Mr. Recorder and the Sixth Jury.
(The prisoners being foreigners, the evidence was explained to them by an interpreter.)
MR. CLARKSON conducted the Prosecution.
HENRY PERRIN . I am in the service of William Leaf and Co., of Old 'Change; they are silk mercers, on a very large scale. On Thursday, 23rd Nov., about half past 1 o'clock, the elder prisoner, Isaac Lowenthall, came to my master's warehouse—there was a man and woman with him—they asked to see some watered silks, and I showed them about half a dozen pieces—one piece of goods was purchased at 4s. 7d. a yard—whilst I was showing them the silks, I observed the prisoner Isaac take hold of a piece of silk and hold it up—that had the effect of concealing the action of the woman from me, excepting that I could see she moved and stooped—the prisoner Isaac had been there on the Monday before, and purchased a piece f goods—he did not pay for it then—after these goods were shown to them on the Thursday, and they had purchased one piece, the man and woman went away—the prisoner Isaac remained, and said to me, "Do you know the name of Walker?" and showed me the invoice of the piece of silk he had bought on the Monday before, and which he had paid for in the counting-house on that Thursday morning, before I had shown them any goods—he remained a minute or two after the man and woman had gone away—we
have a man, named Holland, employed to open the door, and as a sort of guard; and after the man and woman, and Isaac, were gone, I sent for Holland, because I missed a piece of black silk, containing ninety-one yards, which I had on the counter that morning, showing it to Isaac and his two companions—I did not at that time miss any other silk—I did not miss a piece of figured silk till it was shown to me by the police at Guildhall on the following day—those were two of the pieces of silk that I had had on the counter—one was ninety-one yards, the other was sixteen yards—that one had not been shown to them—I know where it was—it was on the counter behind me—I had not occasion to leave the place while Isaac, and the man and woman, were there—how that piece of figured silk went I cannot tell—the woman must have taken it—I was as close to the place where the figured silk was, as I am to this rail—there are two counters; one of them was behind me, and on that counter the figured silk was, and the woman stood behind me—on the following day I saw in the hands of the officer, King, the ninety-one yards of silk that I had missed, and the sixteen yards of figured silk which I did not miss till the officer showed it to me—I know this figured silk to be the property of my employers, because I had a pattern of it, which I took off a day or two before—this is the pattern, and this is the piece of figured silk—they exactly correspond—I know these ninety-one yards of silk by the mark on the paper, and the pencil mark on the piece of goods—the mark on the paper is my writing—it is, "No. 10, 20-inch black ducape"—the value of the two pieces is about 20l.
Cross-examined by MR. LILLEY. Q. You know the silk by the marks; supposing it had been sold in the ordinary way of business, would the marks have been removed? A. No—supposing the whole piece had been sold the marks would have been sold with it—this was about hall-past 1 o'clock—I was in the warehouse at the time that Isaac, and the man and woman, came—they came together—I believe Isaac came in first, he having been there before, and knowing the way—the way Isaac held the piece up was not the usual way of examining silk—this is the way he held it (spreading it out)—it was fastened, and he asked me to break the threads for him, which I did, and he held it up—the woman stood on the other side of him, so that his holding the piece up, covered what she did from me—he could not see the piece better for holding it up—the man and woman had spoken to Isaac—they had not spoken to me at all the whole time they were there—Isaac had bought a piece of goods on a previous occasion, and he paid for it that day, and bought another piece, which I believe was 81 yards—he did not pay for it—he said he would call the following day and pay for it, and take it with him.
MR. CLARKSON. Q. You have been asked whether these marks would have remained if these silks were sold; were either of these goods sold to Isaac, or any one else? A. No; I know that they had not—the piece that Isaac held up was not the piece that he bought—the piece he purchased, at 4s. 7d. a yard, for which he said he would come on the following day, I had handed to another young man—it was not on the counter.
SAMUEL COCKER . I am a salesman at the house or Leaf and Co.—I was in the warehouse when these three persons came there—I was sent by Perrin to follow the prisoner Isaac—I followed him to Camomile-street—he as alone—when he got to Camomile-street, our porter, Holland, and I, both went and spoke to him—we asked if he had been to Messrs. Leaf's—he pretended that he could not speak English—he said something which I could
not understand—while we were talking to him, the man and woman who had been in the warehouse walked by—I left Holland with Isaac, and I followed them—the man had a parcel under his arm, which was the piece of silk which had been paid for by the prisoner Isaac, which he had purchased on the former day—the woman had something bulky under her shawl—I could not see what it was—I followed the man and woman to somewhere near Whitechapel, and the prisoner, Adolphe, met them—they conversed together, and then delivered something to Adolphe—I could not see whether the man or the woman delivered it—they stood side by side, and Adolphe was in front of them—after something had been delivered by one of them, there was not that projection under the shawl of the woman that there had been before—the man then went on with Adolphe, and the woman walked after them—the man and Adolphe were conversing together—in about five minutes the man and woman left Adolphe—I followed Adolphe to a court in the Tenter Ground—he went to a house and knocked at the door—he was on the door step, half way in, and I went and asked him if he had been in the City—he said, "No"—he spoke very bad English; he gave me to understand no—he said the word "No"—I asked him what he had got in the bundle—he said it had been given him by a friend—I asked him, in English, where his friend lived—he gave me the bundle, and said if I would wait he would fetch his friend—I told him I must go with him—he took me through several streets that I do not know the name of—he kept saying that his friend lived first in one place and then another—he said his friend lived round the corner, and then when he got round he could not find where he did live—he took me to several places, and I could not succeed in finding where his friend lived—I sent for an officer and gave him in charge—the conversation I had with him from the beginning to the end was in English—I gave the parcel that Adolphe had to the inspector at the station—I examined the contents of the parcel, and these two pieces of silk were in it; they were creased up as though they had been shown on a counter, and had not been straightened again—I afterwards went with the officer to the same house in the Tenter Ground at which Adolphe had knocked, and was going in, when I found, amongst other things, this letter, which is directed to No. 12, St. Mark-street; that led me to go with the officer to the house, No. 12, St. Mark-street—I there found the piece of goods that had been bought by Isaac on the Monday previous, and had been paid for that day—that piece was delivered up at Guildhall to Isaac's friends—the silks that Adolphe had were in a cotton handkerchief, and Adolphe claimed that handkerchief as his.
Cross-examined. Q. When you overtook Isaac, in Camomile-street, he did not speak English? A. Not to me—I heard him speak one or two words in very bad English—when I asked him a question in English, he said, "No"—Holland took him, and I went after the man and woman.
Adolphe. I did not speak English to him, only one or two words I do understand. Witness. I am sure he did speak English, though it was broken.
Adolphe. Are you sure it was in the Tenter-ground? it was n Alie-street. Witness. I am not quite sure; the officer knows the address.
COURT. Q. While you were with Holland talking to Isaac, you say the man and woman passed; had you seen them in the shop? A. Yes; and I recognised them.
Camomile-street—I remember the man and woman leaving our premises—I did not see that man and woman while Cocker was conversing with Isaac—I came up with Isaac in Camomile-street, he was alone—I asked him if he had been to Leaf and Co.'s, in Old 'Change—he said, "No, I have not;" in good English—I told him he had: I had seen him go in, and seen him leave the warehouse, and followed him up to where I stopped him—he then said he had been in, and showed me the invoice of the goods he had purchased—I asked him if he was accompanied by any one—he told me no, he was not—I told him that he was wrong, for I saw a man and woman in company with him—he said, "Yes, in company with a man, but no woman"—Mr. Cocker was at that time at a distance from me, for I had seen in Cheapside that Isaac and the others were observing him, and I told him to keep back—I then asked Isaac if he would show me where he lived—he told me no, he could not, he had only been two or three days in England, and he intended to leave as soon as he could—I then asked him if he could show me any one who knew him, or any of his friends—he told me no, he could not—he spoke all that in good English—at that time Mr. Cocker came up to me—Isaac was then questioned as to his name and address, but I could not understand what he said afterwards—Mr. Cocker then left, and told me he would be back again in a short time—Isaac then threw himself in a great rage, and told me if I had anything against him to give him into custody, for he would not remain with me—he spoke English then—I told he must either remain there with me, or accompany me back to the warehouse in Old 'Change—his temper then became milder, and he asked me if I would have a glass of something to drink—he asked for a glass of some spirits, while I remained at the door of the public house—he then accompanied me back to the Old 'Change, where I introduced him to Mr. William Leaf, and other gentlemen of the firm, and he was given into custody.
Cross-examined. Q. Were you examined before the Magistrate? A. No—I have not mentioned before about the introduction to Mr. William Leaf, and this long conversation—I have between ourselves, but not before the Magistrate—I really cannot say why I was not examined—I was there if I was wanted—I say, deliberately say, that Isaac spoke good English, particularly when he was in a passion.
MR. CLARKSON Q. I believe you have been in the police? A. Yes, I have.
HENRY JACKSON (police sergeant, H 11). I searched Adolphe's premises, and found this letter—I then went to No. 12, St. Mark-street; I there found the piece of silk that had been paid for by Isaac—it was delivered to him at Guildhall—I had never seen the prisoners before to my knowledge—I believe Isaac did not say anything to me about lodging at No. 12, St. Mark-street—I only know from information I received from the landlady of Adolphe.
COURT to SAMUEL COCKER, Q. You said while you were speaking to Isaac, you saw the man and woman go by; what distance were you from Holland at that time? A. We were all within a yard of each other—we had our faces towards the wall, and Isaac was writing his address—he wrote some characters like short hand; I could not understand it—I do not know what became of that paper; we told him we could not understand that—it was about that time, or within a minute or two of that time, that the man and woman paused—I did not draw Holland's attention to them.
COURT to JAMES HOLLAND. Q. Did Isaac write anything? A. He
scribbled something on a small card; we could not understand it—I do not know what became of it—I put it in my pocket, but in feeling this morning it was gone—I have lost it—it appeared like three strokes at the corner of it, and he held his pencil backwards.
COURT to HENRY PERRIN. Q. During the time those three persons were in the shop did they speak to each other? A. Yes—the woman stood behind, Isaac was looking at the goods, and he was, without turning round, speaking to her—the piece of silk was delivered to Isaac's Mends at Guildhall—I saw the paper; I did not see it opened—he had paid for it the day he came; 8l. 15s. 6d.—I believe the man who is not in custody took that piece away, but Isaac paid for it.
Adolphe's Defence. Promiscuously I happened to meet this man and woman that day; the man I knew several months; I always knew him as an honest man; I first got acquainted with him at the Hamburgh coffee house; I was going to the General Post-office about a letter; I met this man and woman; the man asked me if I would buy some German goods; the female had just come from Germany, and brought some with her; I said I would; the man then told the woman she could give me the goods, and I could take them home and see if they would suit me, and in half an hour the man would come to my place; I tied them up in my pocket handkerchief, and went to my door and knocked; the witness came and spoke to me; at the time when the witness charged me, it gave me a shock; I did not think the things were stolen, but I thought the witness might be an officer of Customs, and thought the things were smuggled; I told him they were German goods; I did not think they were stolen; I gave the goods to the witness, and told him he should go with me; I wanted to go to the German coffee house with him, where I might very likely have met this man; in the street the witness threw down the goods and caught hold of me, and called for the assistance of a policeman; the party I know very well, but I did not go to my father's house, because I have a step-mother; we are not friends, and I do business for myself; the party told me at the time he gave me the goods, that I should not say anything to my father; I thought he would have been at my place in half an hour, and I could have asked him more about them; I did not have the least suspicion that the things were stolen, as they were so publicly given me in the street.
ISAAC LOWENTHALL. Aged 54.— GUILTY of Stealing.
ADOLPHE LOWENTHALL. Aged 30.— GUILTY of Receiving.
Confined Twelve Months.
MR. SLEIGH conducted the Prosecution.
JAMES JEFFERYS . I am an optician, and live at No. 14, Tottenham-court-road. On the night of 14th Dec., I went to bed about half-past 12 o'clock; I had previously secured the doors and windows myself—about 2 o'clock in the morning, ray attention was arrested by the noise of the breaking of a window—I had not gone to sleep—I went into the front room on the first floor—I found one of the panes of the window broken; that window had been fastened, but it had been unfastened and closed again—in going about the room, I perceived something under the table—I felt under the table, and there was a person with a pair of cord trowsers on—I went to my bed room to get some instrument—I went again to the
front room; I had never lost sight of it—when I got back, the person was lying under the table—I told my boy to light the light, and immediately the person ran and threw up the window, and rolled out on the flat—I saw Mr. Handy at his door, which is opposite to mine—he rushed across at the time, and the prisoner dropped nearly into his arms—to the best of my belief, the prisoner is the person that I found in my room—when he was brought back, he had corduroy trowsers on.
HENRY HANDY . I live in Tottenham-court-road, immediately opposite the last witness. About 2 o'clock on that morning I was going into my own house; I heard some person shouting out from the other side—I saw some person inside the window with a nightcap and shirt on, and a person outside the window endeavouring to escape from the house; he dropped down into the street—I did not take hold of him immediately, but I did not lose sight of him—I captured him some dozen or fourteen houses off, and gave him into custody.
Prisoner. He put the knife down himself. Witness. No, I did not.
GUILTY .* Aged 18.— Four Years' Penal Servitude.
THIRD COURT.—Wednesday, December 20th, 1854.
PRESENT—Mr. Ald. HUNTER; Mr. Ald. CUBITT; Mr. Ald. KENNEDY; Mr. COMMON SERJEANT; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Seventh Jury.
PLEADED GUILTY . Aged 25.— Confined Six Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
HENRY SMART . I am a sergeant, in the 43rd Regiment of Foot—the regiment is in the East Indies; the depot is at Chatham. At the commencement of this month I was employed in the recruiting service, in London—it was my duty to billet certain recruits in the neighbourhood of Chelsea—Craig was assisting me—he is a private, in the 43rd—he can write pretty well—he signed the recruits' names on each of these billet forms (produced)—these are got from the police station—there are no names on them when they are given at the police station—(Form read: "To the landlord of——public house. You are hereby required to find quarters for two recruits, of various regiments, for one night")—the names are put on the back—that was what Craig was assisting me in doing—I had entrusted him with some of the papers; he carried them in his hands, he being a scholar and I being none—it was about half-past 5 or 6 o'clock
that I was employed in billeting the recruits; I am not sure—it was the duty of Craig to have returned me the papers in his possession when he had finished billeting the recruits—I recollect he gave me back some papers on that day, about half-past 5 or 6 o'clock—M'Ginn was a recruit being billeted that day—he was billeted at the Prince of Wales, Briton-street, Chelsea—Craig was present when I billeted M'Ginn—there was another recruit billeted at the same time—under that billet, M'Ginn and the other recruit would be entitled to remain the night at the Prince of Wales—I left Craig, and the recruits who were billeted on the Prince of Wales, at the Prince of Wales—that was about half-past 5 or 6 o'clock—M'Ginn was the last billet I made—they were eating some bread and cheese when I left them, and I had a small piece with them—I left Craig in the house; he did not come away with me—it was in the house that Craig gave me the billeting papers, when I asked him for them—Craig had no authority from me to billet any recruits when I left him—he was under my authority that day—I had no more recruits to billet after that, on that day—the name of the other recruit I billeted with M'Ginn, I think, was Powell, or Power; I am not exactly sure—I did not see him again that day.
Craig. Q. You said you billeted this man at that house; did you billet him before I was there? A. You were with me—I can swear he is the man I billeted at that house—I left him and another in the house—there were four others—there were no more than two recruits in the tap room—it was near 6 o'clock when I left you—you served the billet—you wrote the name on the back of the paper—I swear that is the man, and that is the billet—I believe I started from Charles-street with thirty-eight men—I am not sure how many billets I had—I took nine or ten billets to Chelsea; I am not sure which—it would take twenty-one billets for forty-two men—the house was closed—I had two billets to serve on two public houses.
COURT. Q. Do I understand you to say you do not know how many billeting papers you carried from Charles-street? A. No, not exactly; I do not know how many I had.
ELIZABETH HUGHES . I am the wife of Mr. Robert Hughes; he keeps the Princess of Wales, not the Prince of Wales, in Charles-street, Chelsea. On Monday evening, 4th Dec., the two prisoners came into my house—there was another man with them, taller; he is not here—Craig handed me a billeting paper—that is it (produced)—he was dressed as a soldier, just as he is now—M'Ginn was also dressed as he is now—when he handed me the billeting paper he told me he had brought two recruits for beds; that is all—I think it was between 6 and 7 o'clock in the evening, as near as I can guess—they were to have beds one night—he wrote something on the back, and gave me that paper—(read: "Sergeant James, police constable, to the landlord of the Princess of Wales, Charles-street, Chelsea. You are hereby required to find quarters for two recruits, of various regiments, for one night. Dec. 4th, 1854.")—I told him I was sorry my house was full—I said I would give them a shilling, which they gladly accepted, and went away—Craig did not say anything—he asked the men whether they would take it—they accepted it, and went away directly—I put the shilling on the counter; I had occasion to go away and serve some customers; I do not know who took it up—it was sixpence for this man, and sixpence for the tall man, not here—upon that Craig wrote this on the back, "Paid out Walter Craig, 43rd Regiment"—I should not have given the shilling, if I had not been told that the men were entitled to sleep in my house—they were sober—Craig was also quite sober.
Craig. It was 25 minutes after 5 o'clock when I delivered your billet; the sergeant was not there then. Witness. I do not exactly know the time—it might have been before 6 o'clock—I do not think it was so early as 25 minutes past 5 o'clock—I am not positive it was not so early.
MR. BODKIN. Q. Was no sergeant present? A. No—I am quite sure of that.
Craig. Q. Had I anything in my hands when I came in? A. Not that I am aware of—I saw nothing in your hands but the papers—you went away instantly I said my house was full—you did not ask me for any money—I volunteered to give it to you.
COURT. Q. Are you sure that is the man who was with him? A. Quite sure.
WILLIAM JOCOBS . I keep the Cornwall Arms beer shop, in Park-walk, Chelsea. On Monday, the 4th, Craig and two other men came to my house—one of the other men was taller—I cannot say what time of the day it was, as near 8 o'clock as possible—I am sure it was after 7 o'clock—Craig produced a paper to my wife—I saw it—he stated it was a billet for two recruits—my wife complained against it, because we had two recruits a fortnight before—I called Craig, to speak to him, into a small room, my back parlour—I told him it was very hard for them to be billeted on a beer house—I then asked him if he was billeting men in the neighbourhood, and mentioned some houses—he said he had billeted two men at the Gunter's Arms, below—my wife, to make sure of that, put on her bonnet and went down to the Gunter's Arms—I did not refuse to billet the men in consequence of what my wife told me—I told them I had a good bed for them, and I should bed them—Craig said upon that, "Well, you had better give them 6d. each, and I will take them back to Charles-street, Westminster, with me; they will be satisfied with that"—I refused—I said I would not pay the money when I had a good spare bed for them—at the time Craig said, "You had better give them 6d. each" the other men were not present—they could not hear what was said—something was said by one of the three men as to what time I closed my house—Craig said, "What time do you close?"—I said, "A quarter to 11 o'clock; if you come here after 11 o'clock I cannot admit you"—they then left my house, and I followed them to the William the Fourth, at the corner of Park-walk—they went in there—I saw them come out—I went and spoke to the landlord—having received information from him I still followed the prisoners—I followed them to the Victoria Tavern—I saw them, all go in there—I then went to the station—I gave information to the inspector and sergeant Marshall—Marshall accompanied me to Victoria Tavern—I found there the soldier, the other prisoner, and the other man—the sergeant took them into custody.
Craig. Q. Were you in front of the bar when I brought the billets in? A. In the bar parlour—I am not the party you presented the billet to—it was to my wife—she said, when you presented the billet, it was very hard to have recruits billeted on us so frequently.
Q. In your deposition before the Magistrate, you stated that you heard your wife ask me if I had served any on the Gunter's Arms? A. I did—your answer was not that you knew there were some billets for that house, but not served by you, you said you had served two billets there—I was not so far from the recruits when I heard this conversation as I am from you—of course I was in the place apart from the bar—I could hear everything stated there—my wife did not refuse to take them in—she went outside and got a policeman, and refused before him to take them in—she
did not refuse before the police came—it was not that there was a bother at all, it was through me—you were very tipsy when you came in—10 minutes past 8 o'clock was the time he was there.
MR. CLARK. Q. How long were they in your house altogether? A. I should say half an hour—I could not get rid of them—Craig was tipsy—the others had scarcely anything.
CHARLES BUDD . I keep the William the Fourth, Park-walk, Chelsea. On Monday evening, the 4th, these two men and another came to my house—it was about a quarter or 20 minutes past 8 o'clock, as near as I can guess—I am certain it was past 8 o'clock—the other man was a tall man—neither of the recruits spoke to me, it was the soldier—he brought this billet paper—he spoke to my wife—my house is also called Bath House—(read: "To the Landlord of the William the Fourth, Bath and Bristol House,—You are hereby required to find quarters for two recruits, of various regiments, for one night. 4th Dec., 1854.")—he gave the paper into into wife's hand, and said he had brought two men for the night—I was at the bar door—my wife handed the paper to me—I said, "Very well; let them go into the tap room"—they said, "We are going to sit down out here"—I desired them to go into the tap room, and they went—Craig came out of the tap room, and went into the bar parlour—he spoke to my wife, and said, "You had better pay them out; they have been knocking about for eight or ten days, and are not so clean as they should be"—my wife said she had a bed up stairs, and they could sleep there—he said, "You had better pay them out"—after the statement about their being dirty, I put my hand in my pocket, and took out a shilling, and put it on the counter—Craig pushed the shilling towards the two recruits, and they picked it up; which, I cannot say—Craig said, "Give them 6d., and I will take them back to Westminster"—when I paid the money, he wrote on the back, "Paid out Barnton and M'Ginn."
WILLIAM KIDDOW . I keep the Victoria Tavern, Chelsea. On the night of the 4th, the two prisoners came to my house—there was another, taller man—it was about twenty minutes or a quarter to 9 o'clock—Craig produced a billeting paper—upon looking at it, I observed it was in an unusual way; the names of the recruits were not on the paper—Craig asked me for a pen and ink—he then wrote on the back of the paper the names M'Ginn and Bennett—M'Ginn was one of the other two men—Craig also signed his name at the bottom, "Walter Craig, 43rd"—when he wrote those names, I said it was very inconvenient for me to take them in, and I would give them a shilling to go to Westminster and get a bed—they consented, and I put a shilling down on the counter—one of the recruits took it up; I believe the tall man, who has disappeared—I gave them a pint of beer, and they said they were hungry, and I gave them bread and cheese—they were all sober, except the soldier—while they were eating the bread and cheese, Jacobs and the police sergeant came in, and took the prisoners into custody there.
JOHN MARSHALL (police sergeant, V 12). On the 4th I received information from Jacobs which induced me to go to the Victoria, Tavern—it was exactly half past 8 o'clock. by the clock at the station—I found Craig at the bar—I asked him if he had not been billeting recruits; he said yes, he had billeted two there, meaning the Victoria Tavern—I asked him if he had not billeted some elsewhere—he said, "Yes, several"—I asked him if he had not billeted some at Mr. Budd's, the William the Fourth—he said, "Yes, two"—these two men, M'Ginn and the other, came out of the tap room—I asked him if they were not the two he billeted at the William the Fourth—he said, "No, they were not; they were two others"—the land-lord
said in his presence that he gave them a shilling—I went up with Craig and M'Ginn to the William the Fourth; the tall one stepped aside for a necessary purpose, and made his escape; he went across the fields—I took the other two to the William the Fourth—the landlord at once identified them—at the police station I searched Craig—I found this billeting paper upon him (produced)—that was issued out to the Coach and Horses; upon inquiry I found that that house was burned down some time ago—there was no such house there—it was an error of the sergeant—I found nothing else, except some money—Craig was very drunk; the others were drunk, but not so bad.
Craig. Q. Is it probable, or possible, for me to get these billeting papers without being properly issued out at the police station? A. I do not know that it is—there were no blank ones served out at the police station—all the papers I found were in your hands—I do not know that you were commanded by the adjutant to go down for these billets.
MR. BODKIN Q. You say there are no blank ones; they are blank as to names there are no names when they are issued? A. No—they are issued to the landlord of such a house, and there is the name of the land-lord and sign of the house.
MR. BODKIN to HENRY SMART. Q. Who applied at the police station for the billets, you, or Craig? A. Craig—a private or corporal goes every day for them, and brings them to me—it was his duty to give up those he had not used.
(Smart stated that he had known nothing against Craig since he enlisted; and he believed he bore a good character at the depot, Chatham.)
CRAIG— GUILTY . Aged 24.— Confined Nine Months.
M'GINN— GUILTY . Aged 24.— Confined Three Months.
Before Mr. Common Serjeant.
167. MICHAEL LAVELL and ALFRED GEORGE JONES , burglariously breaking and entering the dwelling house of Robert Robert Williams and another, and stealing 300 yards of cloth, value 80l.; their property.
MR. ROBINSON conducted the Prosecution.
ROBERT ROBERT WILLIAMS . I carry on business at No. 28, Basinghall-street; I am a woollen factor. These goods (looking at several bales) I am quite satisfied are mine; all my private marks are on them—the value of them is 86l.—I saw them quite safe on Friday night, the 1st Dec.—my son closed the warehouse—I did not see them—the next morning I was called upon at my private house to come at once, as I was wanted very particularly at Basinghall-street—I went to the station, and I said, "All these goods are mine;" I went home and took the numbers and lengths—I found the skylight had been broken—I found all the door locks wrenched off—the warehouse was not much disturbed; they had packed the goods there—in my judgment, they had got through the skylight—I saw it quite safe the night before.
MRS. JONES. I am the housekeeper at Mr. Williams's, at No. 28, Basinghall-street; I live in the house by myself at night. On this night, at 9 o'clock, the door was locked; at 6 o'clock the next morning I found the locks wrenched off.
cloth workers. There is a place called Church-passage, leading into Basinghall-street from Aldermanbury—I was coming through Church-passage at about a quarter to 6 o'clock on Friday, the 2nd—I heard a barrow coming along, to go into Basinghall-street; I saw the barrow stop at Mr. Williams's—when the barrow stopped, I saw some men putting something in; I did not see their faces—I could not swear to the men—they were bringing the things out of Mr. Williams's passage—as far as I can judge, these are the things (looking at them)—I then went and gave information to a policeman.
Cross-examined by MR. O'BRIEN. Q. Could you say if either of these men were there? A. No, Sir.
HENRY GINN (City policeman, 166). At a quarter to 6 o'clock, on the morning of the 2nd, Franklin gave me some information—in consequence of that, I went into Basinghall-street—I saw there a barrow, with some cloth in it, drawn by Lavell—these are the bales—Lavell was driving the barrow along—he was behind it, driving it along in front—it was a fishmonger's barrow—that was near the end of Basinghall-street, about 100 yards from Mr. Williams's premises—I took the prisoner into custody, and took the barrow and cloth to the station—at the station the prisoner said he was employed by two men to take these goods to the Eastern Counties Railway, and he was to have 30s. or 2l. for the job—he told me where he lived, No. 19, Newton-street, Holborn, which was false—I made inquiries, and he did not live there.
Cross-examined by MR. SLEIGH. Q. You have said, "which was false;" this man gave you his name as Lavell, did he not? A. Yes; I did not find that false—he gave me an address, No. 19, Newton-street, Holborn, which I say was false; he did not live there—he had lived there about a month ago—I found that he had lived there within a very short time—his sister was residing there—I do not know that there were any other members of his family—his family were residing there, and he had been living there himself shortly before—that is what I call giving a false address.
JOHN MILLER (City police-sergeant, 99). On the morning of 2nd Dec. I went to Mr. Williams's warehouse—I took up a screwdriver, and a piece of taper—I found corresponding marks to the screwdriver on the premises—I found a desk had been broken open.
ROBERT PAKEMAN (City policeman, 133). After Lavell was given into custody on Saturday, I received certain instructions; in consequence of which, on Monday morning, I watched in the Old Bailey—I saw the other prisoner come out of Newgate—he then joined a female—I had not seen her previously—I followed them to the King's Head, Leather-lane—I waited outside a few minutes, and then went in—they had a half quartern of gin drinking—I asked Jones his name—he said it was Brown, and he lived at No. 45, Baldwin's-gardens—when I spoke to him, the woman left the public house as quickly as she could—I then told Jones I was a police constable, and that a burglary had been committed in Basinghall-street on Friday evening or Saturday morning, and he answered the description of a man spoken to, as being there at that time—he said he knew nothing about the robbery; he was ill with a sore throat from Thursday until Saturday evening; he was at home, and not out of doors—I asked him why the woman had run away—he said he could not account for it; he did not know why she ran away, and did not know anything about the robbery—I asked who the woman was—he said he did not know much about her; she merely asked him to take some gin with her—it was about 2 o'clock, on
Monday, the 4th—I then said, "You know more about the woman than you say; you have been speaking together, and you came in here together "—he said, "Yes; I have known her some time; she asked me to go to Newgate to see a friend of hers, of the name of Lavell"—he said that he had been to Newgate to see Lavell, and that he wanted a clean shirt; he did not know anything about Lavell, and scarcely knew his name—he said he told the turnkey that Lavell was his brother-in-law, but that there was no relationship—I took him to the station—he was there seen by some of the witnesses here to-day—they said, in his presence, that he was one of the two men that ran away at the time the other prisoner was captured with the cloth—I have nothing further to say upon the matter.
Cross-examined by MR. O'BRIEN. Q. There was a man named Bennett taken? A. There was—I took him—he was discharged—I was not dressed as a policeman, but in plain clothes—I asked Jones a good many questions—I did not tell him he must know the woman; I said, "You know more about her"—I did not put these questions to get information, that I might turn the answers against him—I did it in consequence of the woman running away; it made it appear guilty knowledge—it was about the woman I was inquiring—I do not mean to swear it was for the purpose of obtaining information about the woman—she ran away, and it excited my suspicion that she was a guilty party—she left the house—I did not leave—she did run away—it was not to obtain information about the woman that I asked him his name—I asked his address—that was No. 45, Baldwin's-gardens—I went there on the following morning—I found that the correct address—the woman had asked him to go to the prison, and that he was to say he was Lavell the prisoner's brother-in-law—it might be that persons sometimes represent themselves as relations of prisoners in order to get access to them—I do not know that it is so.
MR. ROBINSON. Q. I believe, when you went to the public house, you stated you were a policeman? A. I did—I afterwards saw the witness Lamb view the truck—it was the truck that contained these things.
SOPIA DUNBAR . I am the wife of Mr. George Dunbar, who keeps the Crown public house, Basinghall-street. I was at Sadler's-wells Theatre on Friday night—I returned home about 10 minutes to 12 o'clock—I saw a man standing at the corner of Church-passage, Basinghall-street—that man resembles the face of the man I saw (pointing to Jones)—I could not swear—he has every appearance of the man I saw—I was looking behind on account of my daughter, because I thought, from the position he placed himself in, he might insult her—that was the whole reason my attention was drawn to him.
Cross-examined by MR. O'BRIEN. Q. I understand you he resembles the face of the man? A. Yes—he was in custody the next time I saw him—that was on Monday, at the station—he was placed quite alone when I saw him.
JOHN FIELD . I am in the employ of Messrs. Britten, No. 21, Basinghall-street. On Saturday morning, about 10 minutes to 6 o'clock, Benjamin Franklin gave me some information—from that, I went out towards Church-passage—I saw two men there—the one in the drab coat (Jones) is the one, and the other is the other—perhaps I have not said quite correct—I saw the one in a drab coat, and another one.
COURT. Q. Are you sure of either of them? A. Yes, the one in the drab coat.
MR. ROBINSON. Q. Are you prepared to say that is the man? A. Yes—
I did not speak to him—the first one I met immediately turned round, and ran away, up Church-passage—before me there was another—I did not speak to him, but I looked at him, and he looked at me—that is the man—I walked on, perhaps a foot or two; I turned round immediately, and he had taken to his heels, and run away—he walked by me, but suddenly took to his heels, and ran away up Church-passage.
Cross-examined by MR. O'BRIEN. Q. What time in the morning was it? A. I opened my employer's house at 10 minutes or a quarter past 6 o'clock—there was a splendid light from heaven, and gas light shining on his face—a splendid light from the moon—I mean to swear there was a splendid light from the moon at 6 o'clock in the morning—there was gas light and moonlight blended together—Basinghall-street is not a very wide street—I next saw him at the station—it was daylight then—he was alone—there was no one picked him out from amongst others—to the best of my recollection, it was about 3 o'clock in the afternoon—I have pretty fair sight, according to my age—I wear glasses sometimes when I read or write; I do not wear them in the street.
COURT. Q. It was about 10 minutes past 6 o'clock that you saw these men in Basinghall-street? A. Yes—I only see one here—the one in the drab coat (Jones)—the man nearest to me—the other man was dark—I could not swear to him; he passed me—I will swear to the one in the drab coat—I did not see him again until Monday afternoon, 3 o'clock.
Cross-examined by MR. SLEIGH. Q. Do you now mean to swear, after having bad time to reflect, to the other one as the man? A. I swear to one only.
MR. ROBINSON. Q. There were three men? A. Three—one that ran away is not here—I am not prepared-to swear that one was dark.
JOHN LAMB . I am a costermonger, living at No. 3, Charles-street, Drury-lane. I had a truck in my possession—I saw it, on 8th Dec., at Guildhall—it was perfectly safe on the night of the 1st—it is a common costermonger's barrow—I missed it at 6 o'clock the next morning.
Cross-examined by MR. SLEIGH. Q. This truck you are in the habit of hiring out? A. I hire it out—no one conducts my business in my absence—my wife has nothing to do with my business with regard to lending the barrow—she has no authority to hire the truck—I do not keep a shop; I am a costermonger, and I sell things in the streets—I was out that night with the barrow—I was at home at 10 or 11 o'clock, and went to bed.
JOSEPH GENTRY (police sergeant, F 10). I recollect on Saturday morning, 2nd Dec, about 3 o'clock, being in Charles-street, Drury-lane—Lavell was there—I saw the prisoner Jones also—he went into a house—I went up close, and turned my lamp upon his face—that is all I saw of him—I feel confident that is the man—he went into a house in Charles-street—he was no great distance from Lavell—I cannot say the distance; a few houses off.
JAMES BROWN (police constable, F 142). I know these two men—I have seen them in the company of each other for twelve or eighteen months, in the neighbourhood of Drury-lane—on the morning of 2nd Dec. I was in Charles-street—I saw both tie prisoners there—I can swear to both of them—I saw Jones about 2 o'clock, going into a house, and another man—the other man I could not identify—I believe Jones to be the person I saw go in, because I put my light in his face.
COURT. Q. Are you sure you saw him in Charles-street? A. Yes; I saw him go into the last house—I believe him to be the same person.
MR. ROBINSON. Q. The man you saw in Charles-street certainly was the man who went into the house? A. Yes—although I strongly believe Jones was the man I saw in Charles-street go into the house, I could not swear it—Lavell I know well—he was in Charles-street; I spoke to him; I said to him, "What are you doing here at this time in the morning?"—he said, "I am doing nothing," and asked me what odds it was to me—he told me to mind my own business; he was doing nothing, and should go away when he liked, and he began to abuse me—I told him he must go away from there at that hour of the morning; that he was a suspected person, and that was the reason I spoke—a companion then came up, and persuaded him to go away about his business—he did go away.
MR. SLEIGH. to HENRY GINN. Q. When Lavell was taken into custody, was any other officer or person with you? A. No—he told us he was to be paid 30s. or 2l. for the job, and that he was employed by two men—that was at the station, before the charge was entered on the sheet—it was just after the inspector entered the charge in the book—the inspector was present—no other officer was present with me at the time he made the statement that he was to be paid 30s. or 2l.—the sergeant was with the inspector—neither the sergeant or inspector are here to-day—it is usual, when the charge is entered in the book, to enter anything the prisoner says—that book is not here to-day—(The prisoners' statements before the Magistrate were here read, as follows:—Lavell said as follows: "I own I had the things in my possession; I was not aware they were stolen." Jones said as follows: "What I said to the officer is true; I never saw that man before in my life. What the sergeant says is false; he never saw me in his life; I do not know where the place is; besides, I was not there, I was in bed. I know no more of it than you do, or any one else here.")
LAVELL— GUILTY .* Aged 28.— Four Years' Penal Servitude.
JONES— GUILTY . Aged 27.— Confined Eighteen Months.
MR. BALLANTINE conducted the Prosecution.
GEORGE BONE . I am the son of and assistant to William Bone, a book-binder, of No. 76, Fleet-street—he binds the New Monthly Magazine for Chapman and Hall, of Piccadilly, and is authorised by them to distribute the work to the trade—we are furnished every month with a list denoting the numbers to be delivered to each customer, and as the numbers are applied for, we give what numbers are due—on 31st Oct., I was delivering periodicals, and the prisoner came in and asked if anything was ready for Mr. Piper—(Mr. Piper is a publisher of Paternoster-row)—I looked at this list (produced), and found that eighty-one numbers of the New Monthly Magazine were due to Piper and Co., and also eighty-one numbers of Ainsworth's—I told him "Eighty-one New Monthly"—he asked me to take care of a bag for him, and in about ten minutes he came back, put the eighty-one New Monthly's in this bag, and went away—this "W. G." is his signature—I should not have delivered them to him unless I had supposed that he came from Piper's.
JOSEPH LEDBROOK . I am in the employ of Thomas Piper and Co., of No. 23, Paternoster-row—I have the entire management of the magazine department—a list is sent by Chapman and Hall of what is to be delivered to us—I did not authorise the prisoner to obtain any numbers of the New
Monthly—he never accounted to me for them, and I do not know what has become of them.
CHARLES THOMAS GAYLER (City-policeman, 348). I took the prisoner—I asked him if his name was not Nettleship; he said, "No," and that it was Wood—as I took him to the station, I told him I believed his name was Nettleship, and that he was the person I wanted for obtaining some New Monthly Magazines from Mr. Bone; he said that I was mistaken—I said I would take him to Mr. Holyoake, who knew him, and then he said that his name was Nettleship, but that he thought I wanted him for a debt, which made him deny his name—I found in his bag thirty-five numbers of the Gazette of Fashion.
GUILTY . Aged 30.— Confined Six Months.
(There was another indictment against the prisoner.)
MICHAEL DEADY (City-policeman, 56). On 10th Dec., about 3 o'clock in the morning, I was in Bishopsgate-street at a fire, and in consequence of information, I went to Sun-street, and saw the outer door of the prosecutrix's house open—I went in with another officer, and found this bundle (produced) tied up in the shop, containing the articles stated; it was behind the counter on the ground—it was then a little after 3 o'clock—I searched the house, and found nobody but the family; they were up—I went to No. 19 in the same street, and found the prisoner in a water closet in the back yard—I said, "What do you do here?"—he said, "I came to have a rest, I have no home"—I searched him, and found some matches in his waistcoat pocket—I then went back to the shop, and found some pieces of matches inside the counter—by getting out at the garret window of No. 21, you can go along the parapet, and get in at the garret window of No. 19.
MATILDA COOK . I am a widow, and live at No. 21, Sun-street—I closed my shop on the night in question at about half-past 12 o'clock—my property was then all right in boxes and on shelves—I found it removed from its proper place, and in a bundle behind the counter—I looked over the fastenings the last thing, and they were all safe—about 3 o'clock in the morning a policeman came; I went down directly, and found my door on the first floor open; it was shut when I went to bed—the four bolts, and the chain on the inside of the street door, were all undone when I came down; they were safe the night before—they must have been opened from the inside—a person could get into my house from No. 19, by going over the roofs, and getting in at the attic window—my house is in the parish of St. Botolph, Bishopsgate.
ELIZA HAWKINS . I am in the service of Mrs. Cook. About 3 o'clock I heard a policeman knocking, and went down to my mistress's room; as I was going down two men pissed me, they were going up stairs, towards the attic—I went into my mistress's room and gave an alarm from the window—the neighbours came, and said that the men were on the roof—I went up stairs, and found the window open in the back attic, where I sleep—it had been shut before.
MARY ELIZA BUCK . I occupy the back of No. 19. On this morning, a little before 5 o'clock, I was frightened by the prisoner coming in at my window—he passed through the room, saying, "Dear lady, do not be, frightened," unlocked my door, and went down stairs—I hallooed out, and the police came—I am sure the prisoner is the man.
Prisoner. Q. How do you know that the man went down stairs? A. You could not go anywhere else, of course—I could not get out of bed directly—I had the door in my hand while you were going down.
JURY. Q. Had you a light in your room? A. No; but I could see the prisoner very plainly—my window is very large, and the moon was shining very brightly—I can swear that he is the man.
Prisoner's Defence. I was taken short, and went over the wall to the closet; I heard "Police!" hallooed out, and was frightened; if I had been doing anything I had time to get away, but I sat there till the police came and took me.
GUILTY .† Aged 22— Four Years' Penal Servitude.
JAMES JOSSE (through an interpreter). I am a seaman, lodging in Well-close-square, in the same house with the prisoner; we both slept in one room—when I went to bed I laid my jacket and waistcoat on the bed, and when I awoke they were gone, and the prisoner was gone also—I have never seen them since—there were no other persons in the room.
FREDERICK MARSHALL (police sergeant, H 20). I apprehended the prisoner, and said he was charged with stealing a jacket and waistcoat—he said, "I have not done it"—he seemed to understand English—he told me at the station house that he had sold the jacket to a man who keeps a clothes shop, opposite the Jolly Sailors, in the Highway—I went there, but did not find it—I told him I could not find it, and he said, "Me sold it to a sailor, a black man, who has gone to sea."
Prisoner. Q. you have got my discharge? A. Yes (producing it), and here is another paper of yours (a Spanish certificate).
Prisoner's Defence (through an interpreter). I have been sent to prison for having done nothing, and they may as well cut my head off.
GUILTY . Aged 26.— Confined Two Months.
RICHARD PARSONS . I am toll collector, at the Noah's Ark gate, at Bedfont. On 23rd Sept., about a quarter past 7 o'clock in the evening, I went out for about two minutes, and when I came back I saw the prisoner with his hand in the till, which belongs to the toll gate—I caught him in the hedge, and laid hold of him, but he fell off the top of the steps and got away—he was not taken then—I counted up my money, and missed 10s. 8d. in shillings, sixpences, and 4d. pieces—I keep an account in writing of what money I take—I had counted it about half an hour before, and there was then 4s. or 5s. more than I afterwards found—no other person had been there from the time I counted it to the time that the prisoner escaped.
Prisoner. I was down on the path when you came up to the house; you did not see my hand in the till. Witness. I did.
Prisoner's Defence. The man did not see my hand in the till; he came up and I was on the path.
GUILTY . Aged 13.— Confined Two Months.
MARTHA LAWRENCE . I am the wife of Joseph Lawrence; the prisoner is my brother. I was present at Paddington Church, at a marriage between him and Sarah Cole, fifteen or sixteen years ago—they lived together afterwards,
and she went to the Indies with him, about three years after their marriage—she came back before he did—I do not know her now—the prisoner was afterwards invalided in the Hackney Asylum as a lunatic.
Prisoner. Q. Do you know that my first wife got married before I came home from the East Indies? A. Yes; I know that she was married again to another man, a widower; she has been married to him these ten years.
COURT. Q. Were you present? A. No; the prisoner has been three or four times in confinement for insanity, and has lately come out of a lunatic asylum.
JOHN M'CARTHY (policeman, S 145). I obtained this certificate of marriage, at Paddington church—I compared it with the register, it is a true copy—(read: "Thomas Cuxon and Sarah Coles, married by banns, at Paddington church, March 0th, 1838. Signed, A. R Ludlow, curate.")—on 5th Dec., about 2 o'clock, I saw the prisoner running in Little Albany-street, followed by Sarah Phillips, who was calling "Stop thief!"—she gave him into my custody for bigamy—he said, "She was aware that I was married before, and that my wife was living at the time"—she said nothing to that.
SUSAN CLEMENTS . I am the wife of Joshua Clements, a tailor of Brompton. Sarah Coles is my sister—I knew her living with the prisoner as man and wife, she has had a family by him—I saw her last about two years ago, and have not heard of her since.
Prisoner. Cannot you prove that my first wife was married before I came home? Witness. Yes; she was married again three or four years before you came home from India—after she had been home a fortnight, she had a letter stating that you and your child had died of the black fever, and then she got married again—I know that, because my brother-in-law saw the certificate, and some time after that you were sent from India to the Hackney Asylum as a lunatic—you did not join the family—you wrote to my husband to say that you were at Hackney—your sister got you out of the Hackney Asylum, six years and a half ago—you have not been living with your family since that time—I saw you about two years ago, when you came between 1 and 2 o'clock in the morning, and knocked at the door—I looked out of the window and you said, "It is me, Susan"—you were out of your mind then, and you came out of Han well Asylum about thirteen months ago.
SARAH PHILLIPS . I was married to the prisoner on 14th July, 1850—he represented himself as a widower—this is the certificate—(read: "July 14th, 1850, Thomas Cuxon and Sarah Phillips, married by banns, at the church of St. James's, Westminster.")—I lived with him for two years—since I gave him into custody, I understand that he has been three times in a lunatic asylum—I know that his wife has married again; he gave her in charge for bigamy, and she has been exonerated by letters received from India, stating that he was dead—I have no ill feeling against the prisoner, but being sixteen weeks afflicted with illness, and in St. James's workhouse, I was interrogated whether I had a husband, and I wanted to find out whether I had a husband or not.
Prisoners Defence. In 1838, I got married to my first wife; we went to the West Indies, where she was away from me twelvemonths in a situation as wet nurse; she left me at Madras in 1843, on board the Lady Flora, when she was coming home to nurse a lady's child; I have never seen her since; I was in that country three years after that, and was sent home as unfit for further service; I came home, and heard that she was
married; I was in confinement for three years, and then settled myself as quickly as I could; her friends never told me that she was married; I did not know whether she was dead or alive, and I got married again; I was fond of her, and had five children by her, but as she was married to another I considered that she had no further claim on me, and I think, but I will not be certain, that the Magistrate said that I was quite a free man; with respect to this wife she ought not to have done as she has, because she has denied me my home, and would not let me come there; I had to walk about the streets eighteen days and nights, which caused me again to go to a lunatic asylum; it was ten years since I heard anything of my first wife.
NOT GUILTY .
OLD COURT.—Thursday, December 21st, 1854.
PRESENT—Sir GEORGE CARROLL, Knt, Ald.; Mr. RECORDER; and RUSSELL GURNEY, Esq.
Before Mr. Recorder, and the Fourth Jury.
MR. PAYNE conducted the Prosecution.
GUILTY . Aged 16.— Four Years' Penal Servitude.
(For the case of William Mayhew, Pried in the New Court, on Thursday, see Surrey Cases.)
Before Mr. Common Serjeant.
PLEADED GUILTY . Aged 17.— Confined Six Months.
PLEADED GUILTY . Aged 35.—Recommended to mercy.— Confined Two Months.
MR. PAYNE conducted the Prosecution.
HENRY BEARDON . I live in Red Cow-lane, Mile End-road. Last Saturday week I was in Stratford—I know Mr. Barnes's shop—I saw some cheeses on the board outside his shop—I saw the prisoner take one cheese—he walked about five or six yards, and then crossed the road, and walked back on the opposite side of the way, past the shop—I went to the shop, and went with the shopman about 200 yards past the shop—I saw the prisoner cross the road, and put the cheese in a gateway—the shopman collared him—he tried to get away—another young man came up, and lent a hand, and the prisoner was taken—I took the cheese, and carried it back to the owner's.
Cross-examined by MR. O'BRIEN. Q. Was any one in the street, besides
you and the prisoner? A. Not crossing the street—I was on the other side of the way, about 100 yards from the shop—I had never seen the prisoner before—when he took the cheese he put it underneath his arm, and walked about five yards past the shop—he crossed the road, and walked back again—he passed me then; he passed close against me—that was before I went into the shop—I did not speak to the prisoner—he was about twelve yards from the shop when he passed me on the other side of the way—he came on the side of the way that I was on—I saw the cheese with him then—I did not stop him; I went and told the owner—there were, other persons walking about—when I went to the shop the master came out, and he called the shopman, and the shopman came out, and I went with him—I saw the prisoner with the cheese—the shopman did not see the prisoner—I ran a great deal faster than the shopman—he was a long way behind me—the prisoner was taken about 200 yards from where the cheese was found—it was down a gateway—he came out of the gateway, crossed the road, and the shopman caught him—the cheese was found a short distance down the gateway—there was no other person down the gateway.
MR. PAYNE. Q. You saw the prisoner with the cheese go down the gateway? A. Yes, and when he came out again he had not it—the shopman was near me then.
HENRY WARNER . I am shopman to Mr. John Barnes, a cheesemonger, at Stratford. On Saturday week he had five cheeses on the board—I was not in the shop when the last witness came—I went after him by my master's direction—I overtook him, and saw the prisoner coming out of the gateway where the cheese was found—this is my master's cheese—it is worth about 1l.
Cross-examined. Q. How far were you from the gateway? A. Not above twenty yards—here is the dairy mark on this cheese; it is a diamond P—it is about twelve months old—there was no one but the prisoner coming out of the gateway—it was a livery stable gateway—I saw the prisoner come out of that gateway, and I went and collared him—he tried to get away, and another young man came up and helped me—the last witness brought the cheese out of the gateway while I was securing the prisoner.
WILLIAM POLLARD (policeman, K 336). On Saturday week, in the afternoon, I was passing through Stratford-—I saw the last witness had got the prisoner—I took him into custody—the witness Beardon had got the cheese. (The prisoner received a good character.)
GUILTY . Aged 22.— Confined Three Months.
Before Russell Gurney, Esq.
MR. ROBINSON conducted the Prosecution.
EDWARD CURREY . I live at Stratford, and am a plate layer in the employ of the Eastern Counties Railway Company. For the last six months I have seen some iron rails resembling these (produced) lying on the side of the embankment close to a bridge at Stratford—I saw them there about a week before 11th Dec.—I went next morning to the spot where they ought to have been, and found that they were gone—these rails are only used between London and Stratford, as there is more traffic there.
Railway Company. About four months ago I took some rails off the line, and laid them beside the line near Stratford, close to a bridge—these are them—here is a mark on this piece, made by the weight of an engine, which I noticed, as I had to cut another piece and put in the place of it, and I had to put a longer piece in—I do not know the other piece, but I had to cut a piece off to fill up the other, and I put them both together.
JOHN ILLINGWORTH (policeman, K 299). On 14th Dec. I was on duty at Marsh-gate-lane, near Stratford, and saw the prisoner and two more men about 500 yards from the spot which was afterwards pointed out to me by Currey, carrying these two pieces of rail—the prisoner and one man were carrying the long piece, and the other man was carrying the short piece—I got within ten yards of them, when the prisoner and one man threw it off their shoulders; the other man threw his piece down, and they all ran away—I never lost sight of the prisoner—I apprehended him—he said before the Magistrate that he was coming that way from Lea-bridge, but there is no way that way without crossing ditches and marshes.
Prisoner. You did not see me carrying it; I had only just got up to them when you came up; I was not running at all. Witness. I saw you throw it off your shoulder.
Prisoner's Defence. I was coming from Lea-bridge, and just as I got by these two men, they threw it down and passed the policeman; he went to see what it was, and came and took me; I did not know what it was that they threw down.
GUILTY . Aged 33.— Confined Three Months.
Before Mr. Common Serjeant.
MESSRS. BODKIN and DAWSON conducted the Prosecution.
THOMAS FEMLITT BROWN . I keep a tavern in Hog-lane, Woolwich. On 21st Nov. the two prisoners came there together in the forenoon—Walpole called for a pot of ale—I served him, and he gave me a shilling—I gave him 6d. change—I knew the shilling to be bad, but I did not say so—I consulted my wife about it, and she agreed with me that it was bad—shortly after I had taken that, my wife called me, and showed me a shilling that she had taken—it appeared to be bad, and she had bent it—it was put on the counter—Arnold took it up, and took it into the tap room—I sent for an officer, and gave the prisoners into custody—I gave the first shilling to the policeman.
JEMIMA BROWN . I am the wife of the last witness. I remember the prisoners being in my husband's house on 21st Nov.—my husband showed me a bad shilling—after that, Arnold asked me for half a pint of gin and cloves—he gave me a bad shilling—I looked at it, and tried it in the detector—I threw it back on the counter, and Arnold took it back into the tap room—I know it again by the way in which I bent it—this is it.
JOHN SCOTT (policeman, R 111). I took the two prisoners into custody for uttering bad shillings—I have the shilling that Mr. Brown took—I went into the tap room, and asked the prisoners for the second—Walpole said he had no more—I took the prisoners to the station—I found a bad shilling in Walpole's pocket—I found on him 5s. 6d. in silver and 3d. in
copper—Arnold had no money about him—Mr. Brown afterwards gave me another shilling in the station—this is it.
Arnold. Q. You say I had no money, and I had 1s. 5d.? A. Yes; you had in good money—it was given to the inspector at the station—you had no counterfeit.
WILLIAM FEMLITT BROWN re-examined. The other shilling which I gave to the officer at the station, was found behind a stack of wood in the tap room; it is the one that my wife bent, and gave back to Arnold.
Arnolds Defence. I work in the arsenal; I did not know the shilling was bad till the landlady told me; I must have got it in my wages on Saturday night.
WALPOLE— GUILTY . Aged 20.
ARNOLD— GUILTY . Aged 18.
Confined Nine Months.
MR. BODKIN conducted the Prosecution.
WILLIAM BLACKSHAW . I keep the King's Arms, in Church-street, Deptford. On 25th Nov., the prisoner came for half a quartern of gin—it came to 2d.; she gave me a shilling; I gave her change—there was another woman with here—they drank the gin and went away—I had put the shilling in the till, and it was the only shilling there—I looked at the shilling, and found it was bad—I went after the prisoner, and saw her join a man in the Broadway—I looked for a policeman, and while I was doing that the prisoner got away—I kept the shilling, and gave it to the officer, White—on 2nd Dec., the prisoner came to my house again, about 10 minutes before 10 o'clock at night; she called for a glass of gin, and paid me another counterfeit shilling—I told her I was looking for her, that she had been there on the previous Saturday night, and brought a bad shilling, and I should give her into custody—she said if the shillings were bad, she did not know it—I sent for the officer, and gave her into custody—I gave him the second shilling—he looked at it, and gave it me back—I took it to the station, and gave it him again.
JAMES RUSSELL (policeman, R 282). I took the prisoner on 2nd Dec.; Mr. Blackshaw gave me this shilling—I gave it him back, and he took it to the station—I asked the prisoner where she lived—she refused her address, and said she did not wish her husband and children to know that she was in difficulty—I told her refusing her address would cause her to be locked up at the station, but if she did give it, most likely she would be liberated; but she would not give it.
Prisoner. The policeman has got some money of mine. Witness. Yes; a half crown, a shilling, and some coppers, good money.
---- ---- STREET. I am the prisoner's husband. I live in the Commercial-road, East—she is my wife, I am not ashamed to own it.
MR. BODKIN. Q. Were you the person waiting outside the house for her? A. Not that I am aware of—on the first Saturday night my wife was not in the town, nor near the town of Deptford; that I will be on my oath about—on the first Saturday night she and I were both at Mile End, and we bought a Sunday's dinner.
another man; and I saw him on the succeeding Saturday night, when I gave the prisoner into custody.
Witness. You are a bad, lying scoundrel.
Prisoner. It was distress led me to do it.
GUILTY . Aged 36.— Confined Nine Months.
Before Mr. Recorder.
MR. COOPER conducted the Prosecution.
REBECCA STRANG . I am single, and live at Woolwich with my step-father, Thomas Charles Andrews. The prisoner lived as servant with my step-father—I think she left last Wednesday three weeks—before she left I missed a brooch, with little blue stones in it, in the shape of a leaf, which used to be on the table in my dressing room—I missed it about a month or six weeks after she had been with us, which was two or three months before she left—on missing that brooch, I made inquiry of her about it; she said it was in a little box on the drawers—I never went to that box—I did not go to it till two days after she left—on the evening she went away, I missed another brooch—I had seen it in the morning and put it on the pincushion, and missed it after she was gone—these are my two brooches—this is the one with the blue stones—I am quite sure these are mine.
Cross-examined by MR. RIBTON. Q. Was not the prisoner more as a friend in the family than a servant? A. She was rather different to a servant—she slept with me—she came as a servant, but I liked her, and she slept with me—she was not represented as a cousin to my stepfather—Mr. Andrews did not represent her as his cousin—she went by the name of Miss Champion when she first came—she was away some few days—she went away on the Sunday, and said she had been very ill—she got leave to go away—I did not hear her ask permission—she told Mr. Andrews that she wanted to go to town—she went, and came back on Tuesday—in fact, she often went to London—she slept with me the first night she came—I got fond of her;—she slept with me all the time—she mostly dined at our table—she took her breakfast and tea generally with me—never with Mr. Andrews, unless I was there to look on.
COURT. Q. What was she to do? A. All the household work, except cleaning the knives and boots, which the boys did—I was generally in the shop—the most that I did was a little mending.
MR. RIBTON. Q. Were you in the habit of lending her any clothes to wear? A. No; I never lent her anything but a cloak—she was going to London, and said if I would lend her the cloak she would be glad—she did not return that night; I saw nothing of her nor the cloak till the following week, when she was taken to the police court—that was not the only thing I ever lent her—I lent her a brooch, about a fortnight after she had been there—she wore it one day at our house when a friend came and dined—she had it after dinner—she did not dine with the company—Mr. Andrews was there that day—she was introduced as a friend, Miss Champion—she said she would give me a jacket if I would give her that brooch; I said I could not, as it was given me by a friend—she wore it once, and returned it—it was on the cushion, and she asked if I would give it her afterwards, and I said, "No."
Q. Was she in the habit of going out in the four-wheeled chaise with you and your stepfather? A. Yes, she accompanied us to Peckham; I went there to see a friend of mine; my father drove me there, and a young friend of mine with me—we went about 4 o'clock, and came home about half past 9—the prisoner was not introduced there as a servant, but as Miss Champion, a friend of mine—she and I have not gone shopping together—I cannot exactly tell whether she left this day three weeks, or this day month—she did not tell me she was going to leave; she went as she had done before, saying she had business in London—I am sure my stepfather did not leave about the same time—he never went out with her when she left; he was always at home—when she has gone for two or three days, he might have been out for half an hour—he has not been to Vauxhall with her—I missed one brooch on the same evening she left, when I went to bed—I lost the other about a month or five weeks after she had been with us—I had lent it her about a fortnight or three weeks after she came, and shortly afterwards she asked me to give it her, and I said, "No;" and a few days after I missed it, and said to her, "Have you seen the blue brooch?"—she said, "It is in the little box, on the drawers"—I went to the drawers after she went away, and it was not in the box—I never lent her this other brooch.
COURT. Q. Did Mr. Andrews marry your mother? A. Yes—she has been dead two years.
THOMAS CHARLES ANDREWS . I live at Woolwich, and am step-father to the last witness—the prisoner lived with me—she came on 13th Aug., and left on 29th Nov., I think—on 28th August she applied for an advance of money, and I advanced it her for her wages—she left to come to town, saying that she had business to do, and did not return—I do not know what is the value of these brooches, I should suppose 10s. or 12s. each—I never went to Vauxhall with the prisoner—I never treated her in any other way than as a servant—I never introduced her to my step-daughter as a cousin—I never went to town with her in my life—I kept two servants, the prisoner and my step-daughter; and another young lady slept with my daughter, and in my room one boy slept.
Cross-examined. Q. Were you in the habit of calling the prisoner a young lady? A. No—I am single—I swear I never was at Vauxhall with the prisoner—I know Miss Wait—I know Mr. Bell; he has never been with me when I have met the prisoner—I never came to town with her—I have never been to Vauxhall with Miss Wait—I never saw Miss Wait in company with the prisoner—I never drove out with the prisoner anywhere, that I swear; never on any occasion during the time she was with me—I did not drive her, on my oath—I have never spent a night with her in London—I do not know Morley's coffee house; I never appointed to meet her there.
Q. If any one has said that you drove her in a four-wheeled vehicle to Peckham, is that true? A. I never drove her that I know of—I do not know that I ever drove her, and my step-daughter, and another young lady anywhere—I do not know that ever I was out with her anywhere.
MR. COOPER. Q. Did you ever drive to Peckham with your daughter? A. Yes; I recollect going with my daughter—I never drove the prisoner in the carriage when there were other persons in it, to my recollection; but I never was out with her in my life—if I was out it was with my daughter—I cannot recollect it—the persons with me serve in the shop—after the necessary timings in the house are done, they come down in the shop to serve.
COURT. Q. What is your trade? A. A china and glass warehouse—I keep a show room—I have often taken my daughter, out—I cannot recollect whether I did the prisoner—I never called her Miss Champion—I called her by the name of Ann Parry—she has been called Champion—I do not recollect any day that some friends dined with me, and she was introduced in the evening and called Miss Champion.
ISABELLA WAIT . I live in Woburn-street, Bloomsbury. I have known the prisoner about five months—I appeared before the Magistrate this month—the prisoner called on me about five weeks before I appeared—before 12th Dec.—I went with her, on that occasion, into Broad-street—when we came into Broad-street, she took a little brooch, which had blue stones, out of her neck tie—she said, "Isabella, I want some money; I must go in here and get a little money on it"—I went in the pawnbroker's shop—she pawned it, and received 4s. for it—I had frequently seen the brooch before that, three or four times, and she said she valued it because it was a present from Miss Strang.
Cross-examined. Q. You knew her well? A. I have known her—I have gone with her to Woolwich—I have been with her once to the Holborn Casino, before she went to Mr. Andrews's—I saw her once with Mr. Andrews—she and I met Mr. Andrews in Holborn—we went to meet him—I did not go and take a walk with him—we parted with him; at least, I did—I left the prisoner with him—to the best of my memory that was about 4 o'clock—I think she came back that night.
COURT. Q. When she came to London, did she sleep with you? A. Yes, with me and my two girls—the night she met Mr. Andrews, she came back to sleep, about 8 o'clock—she came back alone.
MR. RIBTON. Q. Are you sure it was the same night she came back to your house, or the next night? A. I will not swear—I had met Mr. Andrews once before, as she and I were coming from Hammersmith—that was the first time I ever saw Mr. Andrews—she brought him to my father's house, and he staid there about an hour—she left with him, and went a little way on the way to Woolwich, and returned in about an hour—I have never seen them at the theatre, or at Vauxhall—I did not go with the prisoner and Mr. Andrews to any theatre, or to Vauxhall.
Q. Have you not been to Vauxhall with Mr. Andrews and the prisoner; tell us the truth? A. No, I have not—I have never been to Vauxhall but once with Ann—I never saw Mr. Andrews at Vauxhall to my knowledge—I do not know Mr. Bell—I have never been in a cab with Mr. Andrews and the prisoner on any occasion.
MR. COOPER. Q. Did you go on purpose to meet Mr. Andrews? A. No—she said, "I just remember, I have made an appointment on Holborn-hill"—I went with her, and when she got there there was Mr. Andrews and a stout gentleman—I left them, and returned home—I have never seen Mr. Andrews with her any other time, except when he was introduced to mo, which was before this—I know that she had known Mr. Andrews fourteen years—he was an acquaintance of her husband, and therefore she recognized him when she met him.
WILLIAM LIPSCOMB (policeman, C 149). I apprehended the prisoner on 29th Nov.; I told her she was charged with stealing some property from Woolwich—she said, "I am very sorry it should happen; I hope Mr. Andrews will forgive me"—she gave me this duplicate—I afterwards searched her room at No. 27, Church-street, Soho—the landlady told me it as her room, and showed me up into it—I found another pawn ticket in
that room—I apprehended the prisoner in that house, Mr. Hughes', a lodging-house keeper, No. 27, Church-street, Soho.
Cross-examined. Q. Who told you the house? A. Mr. Andrews; he went with me—the prisoner said she was very sorry it happened—I was examined three times before the Magistrate—I am not aware that he said I had got a head with nothing in it; he might have—this is the ticket the prisoner gave me when I took her, and this one I found in the room.
CHARLES GEORGE LINFORD . I am shopman to Mr. Young, a pawn-broker, in Princes-street, Leicester-square. I produce this other brooch; it was taken in pawn by me on 4th Dec. for 1s., in the name of Ann Perrin.
MR. RIBTON to THOMAS CHARLES ANDREWS. Q. You sent the policeman to Mr. Hughes's? A. Yes; Miss Wait came down, and sent a boy in to me—I went out, and Miss Wait was there; she said she wanted to see Ann—I said she had been away from my place for a week—she said she had heard that she had been at No. 27, Church-street, and I went and found her there.
COURT. Q. Were her boxes left at your house? A. Yes; her wages were 8l. a year—she came on the 13th Aug.—I advanced her 1l., and she had another 1l. after that, and 12s. and 10s.
NOT GUILTY .
(MR. COOPER offered no evidence.)
NOT GUILTY .
Before Russell Gurney, Esq.
MESSRS. BODKIN and CLARK conducted the Prosecution.
JOHN GEORGE ADOLPHUS BOUSTRED . I am Clerk at the Woolwich Police Court. Mr. Isaac On slow Secker is one of the Magistrates of that Court—on Thursday, 14th Dec, he was the sitting Magistrate—on that day, a charge of felony was brought before him, against Robert Mathews—the Inspector has the charge sheet (produced)—that is the sheet laid before the Magistrate—it is signed by the prisoner—read: "Person charged, Robert Mathews, police constable, B 179. Name, address, and occupation of the person charging, 'William Vender, No. 4, Grove-street, Deptford, news agent.' Charged with suspicion of stealing 4s. from the pocket of William Wiltshire, in the parish of Greenwich")—there is the Magistrate's name, and the result of the charge—it is signed by the defendant, "Charge dismissed"—that charge came on to be heard by Mr. Secker—upon the hearing, the prisoner was sworn and called as evidence—I heard him sworn—I took a note of the evidence he gave—(reads: "William Vender, No. 4, Grove-street, sworn, says—On Saturday night, at a quarter to 12 o'clock, I met the police constable, the defendant, near a Tom and Jerry shop, near the railway arch between Greenwich and Woolwich—he showed me his light—I was helping a baker, who was drunk, on his way—I had picked him up a little way from the turnpike gate—he was a stranger to me—after the defendant had shown his light, he took hold of a bundle I had under my arm, and asked me what it was—I told him a little tea, sugar, and bread I brought from Woolwich—he insisted upon searching the baker, and when he saw the baker a little intoxicated, he put his hand into the baker's trowsers pocket, and took out his purse, and emptied out the money into
his own left hand—he took some silver into his right hand, and a few coppers—he went to put the money back into the purse—before he put the money into the purse, I said, 'Where is the silver?'—he opened his hand, and showed a shilling and some halfpence—I said, 'Where are the other four shillings?'—he said he had not got them—he then gave the purse to the baker, by putting it in the baker's pocket—he then took hold of me by the collar, and put his hand into my pockets, and swore he would search me—he took out my purse, containing 3s. 9d.—he said he would keep it—I said, 'You would rather not, for it is not my property'—he returned the purse, and walked away, and left the baker close to where this happened—as I was coming by the Union, I saw 68 R crossing the road—I told him about the baker—I told him what had happened—he told me to go to the station, and give information—I was perfectly sober—I am a teetotaller these twenty years—I do not wish for him to lose his situation. By the MAGISTRATE: The money was shaken out in the constable's hand—it was a light purse, or bag—I saw five single shillings, when he emptied the purse—he gave no reason for searching—I observed the defendant was worse for liquor—he reeled about—I expected he would have fallen into the hedge, and scratched his face").
Q. Was the baker examined as a witness? A. He was—the charge was dismissed, and the present defendant ordered into custody—the examination was taken the next day.
ROBERT MATHEWS (policeman, R 179). I have been in the police about thirteen years—I was on duty on Saturday night, 9th Dec., about half past twelve o'clock, between Greenwich and Woolwich, and I met Gardner, 68 R—I was going from Woolwich towards Greenwich—I met Gardner at about half-past 12 o'clock, at the railway arch—I then returned towards Woolwich—that railway ends my beat—on my way back towards Woolwich I met a baker, who afterwards turned out to be Wiltshire—I had then left Gardner about a quarter of an hour—when just about a yard or two from him, I saw him slip down; it was very wet and dirty, and the path was very narrow—I assisted him up—something passed as to where he was going; I directed him on the road to Greenwich—I did not see him again that night—all I said was, "Do you think you can get home?"—he appeared to have been drinking—he went on, and I went on towards Woolwich—no person was with me, or near at that time—this man (the prisoner) was not—I met the prisoner, I think, about forty or fifty yards on the road—nothing passed between us, but I bid him good night—I saw nothing more of him—at that time I did not turn my light upon the defendant, and take hold of a bundle under his arm, and ask him what it was—he did not tell me the bundle contained tea, and sugar, and bread, he brought from Woolwich—I did not insist upon searching the baker; I did not search the baker at all that night—I did not put my hand into the baker's trowsers pocket—I did not take out his purse, and empty out his money into my left hand—I did not take some silver and a few coppers out of my left hand into my right—I did not put his purse back—the defendant did not ask me, "Where's the silver"—nothing of the sort occurred at all—I did not then open my other hand, and expose a few shillings and some halfpence—the prisoner did not say, "Where's the four shillings?"—I did not give the purse to the baker, by putting it in his pocket—I did not then take hold of this man by the collar—I did not swear I would search him—I did not take his purse, containing 3s. 9d., out of his pocket—I did not say I would keep it—the prisoner did not say, "You would rather not, for
it is not my property"—I did not return him his purse and go away—I had not been drinking; I was not tipsy, and reeling about—I was quite sober—I met Gardner at where my beat ends—I did not drink anything when I saw Gardner; all the houses were shut up—the money was not shaken out into my hand, out of a light purse, or bag; I saw no money whatever—the whole story, with the single exception of the baker having passed, and I wishing him good night, is without truth from beginning to end.
Prisoner. Q. When you were by the Tom and Jerry shop, did you meet me and the baker? A. I did not—I did not ask you what you had in your bundle—I did not put my; hand in your pocket, and take out your master's money—you had not hold of the baker's arm—I did not say to the baker, "I'll search you"—I did not put my hand in the baker's pocket, and take out his purse.
Prisoner. You did, because everything I stated is as correct as I am standing in the box; you said you were not drunk. Witness. I was not.
THOMAS GARDNER (police-constable, R 68). On Saturday night I was on duty between Greenwich and Woolwich—there is a railway across the road between Greenwich and Woolwich—my beat extends from Greenwich up to that arch—a little after 12 o'clock, I saw police-constable Mathews at the end of our respective beats—I stopped at the arch and spoke to Mathews—it was nearly twenty minutes past 12 o'clock—I imagine the conversation lasted about three minutes—he was sober at that time—after I had spoken to him, he returned towards Woolwich—I turned towards Greenwich—my beat extends to the toll gate, towards Greenwich—I went up to the toll gate—I then came back towards the railway bridge—I met the prisoner—he was then coming from the railway towards Greenwich—he was about a quarter of a mile from the railway bridge when I met him—that was ten minutes past 1 o'clock—he was sober—he told me there was a man drunk on the road, falling about, and he told me to take the man to the station, that he had been robbed—he said the man had been robbed of 4s. by the police-constable, Mathews, 179—he did not give me any particulars as to how the man had been robbed—he told me the constable put his hand in his pocket, and took out his purse—he told me to take the drunken man to the station, if I did not, he would take my number, and report me likewise—I then went along my beat towards Woolwich—on my way I met the drunken man—he was about sixty yards from where I saw Verrier, when I came up with him—he could walk pretty well—he tumbled down once—I helped him along towards the station—he talked to me going along, and he appeared to be perfectly sensible to know what was passing and what had passed—I went with him to the station house; when I got there, I found the prisoner—the baker was locked up that night, being intoxicate—I did not hear any charge made by the prisoner.
Prisoner. Q. You said you met me between the turnpike-gate and the bridge; I met you by the Greenwich Union, crossing the road? A. You did—you told me to take the baker to the station—I said I would go down and meet the man, and bring him safe to the station, after what you told me—you did give him in charge.
Prisoner. That is false.
WILLIAM WILTSHIRE . I am a baker. I remember on Saturday night I started about 6 o'clock from Greenwich to go to Woolwich—when I went away I had two shillings and two or three pence, it was in all 4d.—I started late from Woolwich, about half past 11 o'clock, as near as I can recollect—I spent 6d. while I was out—when I started I had one shilling And a six-pence,
and a few pence—I had been to a friend's house—I had not received a halfpenny from anybody—I had been drinking, but my recollection was as good as ever it was—as I was coming along the road I slipped down by the side of the road—the policeman, Mathews, came, and assisted me to get up—nothing more passed then—he picked me up, started me, and watched me till I had started—no one else was present at the time—the policeman did not put his hand into my pocket and take out my purse, and shake out 5s. from it—he did not search me, nor insist upon searching me—I did not see any man come up while I was there—I have told all that occurred then—after I left the policeman I walked about 200 yards before the prisoner overtook me—we were walking the same way towards Greenwich—I had another slip—he assisted me a little way—I gave him my address, and offered to pay him, or anybody else who would see me home—I carry my money in my trowsers pocket—I had no watch or any other property—after the prisoner helped me he walked a little way, and then went on ahead, and left me by myself—I met the policeman, Gardner—he walked behind me, watching me to see if I was taking care of myself—I was going along after Mathews had started me, and the prisoner overtook me—I asked him to see me home as far as he was going—I have no knowledge of anything being said about my being robbed—when I got to the station house the prisoner was there—I heard it spoken in the office of my being robbed—I am not positive who spoke it—the prisoner was there, and I distinctly heard somebody say I had been robbed—then I said it was impossible—the sum mentioned was is.—I took out my money and I said it was all right—they then locked me up for my safety, and I know nothing more of it—I never saw the man before to my knowledge.
Prisoner. Q. Did I not meet you coming through the turnpike gate? was there not a man with an organ? A. There was a man with an organ—he wanted 6d. to see me home—you had not hold of my arm when the police constable came up—you were not on one side and the organ man on the other—he did not put his hand in my pocket and take out my purse.
MR. BODKIN. Q. Did you see this man? A. Certainly—he was to see me safe home—afterwards he left me, and gave me in charge.
JAMES SAUNDERS (police sergeant, R 45). I was on duty at Greenwich police station on Sunday morning—about half past 1 o'clock the prisoner came there—he made a charge against police constable Mathews, 179, that he had robbed a drunken man of 4s. in the Woolwich-road—the charge was afterwards taken down on the charge sheet (produced)—it was signed by this man—he then said how Mathews had robbed the drunken man; that Mathews had taken 6s. out of his pocket, and that he had given the drunken man in charge of R 68 to bring to the station—I said, "Very well; you had better wait till the drunken man comes"—when he was brought in, I said to him, "This person says you have been robbed by a policeman of 4s.;" he said, "I have not got 4s.; he could not have robbed me"—the prisoner then made answer, and said, "You have been robbed"—the baker then denied it again—he then pulled out his money and showed what he had, at my request—there was a shilling, 4d., and two farthings—I asked him if that was. all he had got—he put his hand in his pocket and took out a sixpence—that made 1s. 6d. and the coppers—he seemed quite conscious of what he was doing—the prisoner was quite sober—Wiltshire in my presence made a statement about his wages—he said, "I drew a pound, which was my wages, that afternoon; 14s. I gave to my wife, 4s. I paid away somewhere else, about 4d. I have spent, and the rest I have here"—
that was stated in the prisoner's presence—he gave that account in an intelligible manner.
JAMES SARTIN (police-sergeant, R 4). Mathews was one of the men under my charge that night—I met him at a quarter past 1 o'clock, on Sunday morning, in the Woolwich-road, near the White Horse public house—he was quite sober—I spoke to him, and said, "Is all right?"—he said, "All right."
Prisoner's Defence. I was coming from Woolwich; I met policeman 179; he showed me his light; I was with the baker, and had hold of his arm, helping him along; he fell down several times; he said he would give anybody 6d. who would help him along; before I came up, there was an organ man with him; he was carrying his organ, or he said he would have helped him along; I was one side, and he was the other; he then went on; just upon coming up by the Tom and Jerry shop, near the railway arch, I met the police constable; he insisted upon searching the baker; he did so, and pulled out his purse, and took out his money; he likewise insisted upon searching me; he took hold of me by the collar, and asked me what I had in my bundle; I said, 'Some tea, sugar, and a loaf of bread;" at the same time he put his hand into my pocket, and took out my purse, containing 3s. 9d., and said he would keep it; I said, "You had better not; it is not my property;" if you think I am guilty, I hope you will look it over.
JURY to WILLIAM WILTSHIRE. Q. You stated that you received a pound originally? A. Yes; I gave my wife 14s.—the 4s. I paid to Mr. Watkins, a publican, in George-street—that was before I went to Woolwich—it was borrowed money—I then had 2s. left.
GUILTY . Aged 38.—Recommended to mercy from the absence of malicious motive.— Judgment Respited.
PARISH— PLEADED GUILTY .* Aged 33.— Confined Six Months .
BROWN— PLEADED GUILTY . Aged 28.— Confined Three Months.
JOHN WHITE (policeman). On Wednesday, 6th Dec., between 5 and 6 o'clock in the evening, I was on duty at the Broadway, Deptford, and saw the two female prisoners loitering about Mr. Kennard's shop—I watched them nearly twenty minutes—after they had been there some time they walked down High-street, till they came to the Prince Regent public house—they went in, and remained some time; they then came out, went down High-street, and afterwards went into the public house again—one then came out at the front door, and the other came out at the side door with Jennings—they then walked up High-street, to Mr. Kennard's shop—Jennings left them at the shop door and wheeled round, and placed himself on the pavement—I saw Parish take a piece of cloth off a pile and hand it to Brown, who placed it under her shawl—I took her into custody, and she pointed to Parish, and said that she gave it to her—I took them all three into custody—Jennings said at the station that he knew nothing about it, and that he never saw them before, and the women denied knowing him—I am sure he is the person, who came out of the public house with them; I never lost sight of them—he passed the shop, and came back again—this is the cloth (produced).
Jennings's Defence. I know nothing about it.
JENNINGS— NOT GUILTY .
GEORGE CHAPMAN (policeman, R 208). On 6th Dec, I assisted White in taking the prisoner into custody—he was carrying these two pieces of bacon (produced), tied up in a handkerchief—I asked how he accounted for them, he said that his wife had bought them for him at a shop in Union-street, Borough.
JAMES WILLIAM FREEMAN . I am in the employ of Francis Aaron Kerridge, of High-street, Deptford—this large piece of bacon is his property—I saw it safe in his shop, about a quarter of an hour before the constable brought it to me to identify—it was on a board outside—I had cut it not long before I went to tea—the shop is four or five miles from Union-street, Borough.
Prisoner's Defence. I brought it from London.
GUILTY . Aged 45. Confined Six Months.
Before Mr. Justice Cresswell.
185. FRANCIS ROBERT NEWTON and WILLIAM PHILIP NEWTON , feloniously assaulting Adam Stewart Kerr, and causing him a bodily injury dangerous to life, with intent to murder.—2nd COUNT, wounding him with intent to murder.—3rd COUNT, with intent to do grievous bodily harm.
MESSRS. BALLANTINE and PARRY conducted the Prosecution.
ADAMS STEWART KERR . I am a gentleman, residing on my means, in Brompton Crescent. On 9th Aug. I was residing there—I was told something by my servant, in consequence of which I left a message at my house, and on the following morning, about 10 o'clock, the prisoner, William Newton, called—he was shown up into the drawing room—I went there, and said, "Mr. William Newton, what is your business with me?"—he said, "I have called on the part of my brother, Mr. Francis Newton"—I said, "Your brother, Mr. Francis Newton, I have never seen; I know nothing about him, and I never have spoken about him. I have of you, and will tell you what I have said, and my author, if you wish it"—he replied, "Oh, that is immaterial, quite immaterial; it is about my brother, Mr. Francis Newton, I have called"—I replied, "I tell you again, your brother, Mr. Francis Newton, I have never seen; I know nothing about him, and I have never spoken about him"—I never had seen him; I never had spoken about him, and I knew nothing about him—he said, "I am sure that Judas, Captain Davilla, has told you something about him"—he said, "What have you said about myself?"—I said, "Mr. William Newton, I bear you no ill will, no malice; you are a young man, which is your only excuse for doing foolish things which subjects you to unpleasantness. You, some evenings back, whilst standing among a group of gentlemen at Mrs. Robinson's
party, at the supper table, asked me, across the table, to honour you by taking wine. Do not take that liberty again, for I will not make your acquaintance"—I said, "What I said to Mrs. Robinson came about thus"—I then told him what I had said of himself; in answer to that he said, "I am sure that ruffian, Davilla, has spoken about my brother to you"—I still declared that was not so, and the interview ended, by my saying, "Now, after this plain and full explanation, if you, or your brother, molest me, I will hand you or him over to the police"—he replied, "Is this the way they do things at Paris?"—I have been a resident in France—I rang the bell, and desired him to leave my house—he seemed unwilling to go, and I went down stairs with him, and he left the house in that way—in the afternoon of that same day (10th Aug.) I was out in Brompton, walking by the side of Captain Davilla, who was on horseback—when I got close to the Brompton high road, a step came up from behind me, and a gentleman stopped me, and said, "I presume I have the honour of addressing Mr. Kerr?"—I bowed, and said, "Yes"—he said, "My name is Mr. Frank Newton"—I said, "Mr. Frank Newton, after the explanation I have given your brother, on your part, this morning, I will hold no conversation with you," and I walked on—he came up after me again and stopped me, and said, "You must speak"—I said, "No, I will not; if you have anything to say to me communicate it in writing"—I walked on, and he stopped me a third time, and said, "You must and shall speak to me"—I said, "I have told your brother, and I tell you, that if you molest me, I will hand you over to the police," and I walked on—he walked up after me, and I felt a blow on the back, which struck my shoulder bone, and I turned round and knocked him down—I stooped down to pick him up again, to knock him down again, when a number of persons came up from behind, all strangers to me, and came between us—I held on to his coat, and his coat ripped up to the collar; a cab drove up immediately, and he stepped into it, and drove away—I saw no more of him that day, and that was the first time I ever saw him—I had seen William Newton, I think, three or four times before—in consequence of this assault, I went that afternoon to Mr. Arnold, at the Westminster police court, and got a summons, which Mr. Arnold said should be issued for that day week—on the following day I was engaged to a party at Beulah Spa, Norwood—they are pleasure gardens—it was the first time I was ever there—my wife was with me, and other ladies and gentlemen were of the party—there were three ladies of my party who went down with me in my carriage—I did not give the pic nic, I was invited, and at the gardens we joined a larger number of ladies and gentlemen—there was dancing and other amusements there in the course of the day—about 8 o'clock in the evening we sat down to tea—most of the company were at tea—whilst we were at tea I noticed some five or six persons drinking at a table in front of where we were—they were laughing, and appeared to me to be making remarks upon our party—I noticed Mrs. Newton, the prisoner's mother, and a gentleman who has been pointed out to me as her husband, come up, and look about them—I had not seen either of the defendants at that time—shortly after, I heard some altercation going on immediately before us, and a gentleman came up to me and said, "Kerr, there is going to be a row"—I went forward some few yards when I saw Mr. Francis Newton spring forward upon me, and strike me on the shoulder, saying, "As you would give me no explanation yesterday, I come to punish you, sir"—I felt from the blow that the long whip which he had in his hand was loaded—he leaped back, and sprang forward again, and struck me on the
chest with the loaded whip, the butt end—it was a long whip, and it appeared to be coiled round his wrist, and springy at the end, like a life-preserver; the butt end of it was about three quarters of an inch in size—my impression is, from the dead blow, that it was loaded; it was a heavy, weighty blow—I tried to grapple with him, when I was jostled down the hill from side to side, and separated from all my party; and Mr. Frank Newton kept sparring at me, going back and striking me from time to time, and his brother, Mr. William Newton, struck me with a stick, with a crooked end to it; a bone end, like the handle of a hunting whip, such as we put a thong to, to whip hares up with—as I was being jostled down, these two were striking me on the head, shoulders, and neck, and my hat was knocked off—I succeeded in grasping Mr. Francis Newton, and he fell, and I upon him, and Mrs. Newton came down upon me and pulled me off her son, and with Mr. William Newton and others held me down—she had a parasol in her hand, which she dug into my back and neck, and said, "Give it to the fellow, give it to the fellow, murder him;" that was at the time her sons were striking me in the way I have described—with some difficulty I got up on my knee, and in getting up I received a blow on the top of the skull from Mr. Francis Newton with the butt end of the whip, that I have already described—I exclaimed, "My God, my skull is broken in!"—I reeled back upon Mrs. Newton, and I became dizzy—I grasped hold of William, and he tried to get from me, moving backwards, when he came against a small garden seat, which fell down, and he over it, and I over him—that was after the blow I had received—the blood poured down my face and ears in streams from the blow—I have a recollection of some one saying to me, "I am a surgeon, do not be afraid;" and I then became quite insensible—I was not conscious of anything afterwards—Dr. Christian attended me afterwards, and also Mr. Johnson, of St. George's Hospital—I was confined to my bed from this injury over three weeks; I am not now recovered; I have got a very severe headache now from answering these questions—I cannot sit in a room where there is a fire, for an hour at a time; I am obliged to go into the open air on account of my head—I feel even now very dizzy.
Cross-examined by MR. COLLIER. Q. Are you prepared to say positively that you made no accusation against Francis Newton, before this interview with his brother which you have spoken of? A. I am—I never informed Mrs. Robinson that he had been cashiered from the army for embezzlement—I will undertake to say that I never made any communication to Mrs. Robinson on the subject, nor did Mrs. Kerr in my presence; I swear that—when Mr. Francis Newton struck me on the shoulder, and I knocked him down, I did not know his name; and I went to Mrs. Robinson for his address, and to her, in Mr. Robert Parker Bennett's presence, I went over again what had occurred; and I said, "Mr. Bennett, I am very glad to see you here;" and I went over the conversation which Mrs. Kerr said about Mr. William Newton—I said, "Mrs. Robinson, this is a very unpleasant business, I am going now to get a warrant against Mr. Francis Newton; probably this will come before the world; you had no authority from me to speak of Mr. Francis Newton;" and I said to Mr. Bennett, "Probably this will have to go before the world, and you will recollect this conversation"—I said, "Mrs. Robinson, I never mentioned Mr. Francis Newton's name to you; I come to you for his name and address, and mean to take a summons out against him; probably this will go before the public; I am glad to meet Mr. Bennett here, because you cannot say that I mentioned Mr. Francis's
name to you, nor did she"—she did not assert that she had my authority—she never contradicted me—I judged from Francis Newton coming up to me and striking me, that Mrs. Robinson might have said something or other about him—she said, "If I had not given your name, he would have molested my son, and probably killed or used him as he did you"—when William Newton called on me on the 9th, he did not say that I had accused his brother, Francis, of embezzlement, when he was in the army; I swear that—Mr. William Newton did not say anything to the effect that I had accused his brother of being dismissed the service for embezzlement—I prevented his saying anything about his brother, by immediately saying, "Your brother I have never seen; I know nothing about him, and have never spoken of him; I have of you, and I will tell you what I have said should you wish it"—William did not refer to my having said something about his brother having received money for the purpose of paying the forces under his command and embezzling it—he never used his brother's name except saying, "I have called on the part of my brother, Francis"—I made the conversation very short, as I wished the interview to be over as quickly as possible—I did not for that purpose take him by the collar and turn him out—I considered it very impertinent of a gentleman, when I went into a full and particular explanation, to say to me, "Is that the way they do things in France?" and I rang the bell, and desired a servant to open the door—he did not seem inclined to leave, and I went to him and took him by the collar, and then he went out of the drawing-room door, and went down stairs—I conceive that I acted rightly—he left the house, and I gave him no other explanation than I have mentioned—he did not give me a card—I said to him, "You are a young man, which leads you to do foolish things:" I never was introduced to Mr. William Newton, and when he asked me at the table to take wine, "I did say so—I did not say that it was presumptuous; I said, "Do not do that again"—when I had knocked Francis Newton down, I took hold of him by the coat to pull him up, to knock him down again.
Q. May I ask you how many times you meant to knock him down again? A. Perhaps I should not have knocked him down more than that time, and perhaps I might—a number of people, all strangers to me, came and pulled me from off him, and him from me—they all seemed to favour him, and not me.
Q. Did not they favour him so far as to call out against you as a coward, for being down on this man, and striking him when he was down, and tearing his coat? A. I did not hear it—they did not hoot me—I do not think I was on the top of him when they separated us—I stooped down, and he was undermost—the first time I saw Mr. Francis Newton was when he came up to me in the Brompton-road—I said, "I will hold no conversation with you; your brother has seen me"—he came up to me a second time, and I said, "If you have any communication to make to me, make it in writing"—he did not ask me to give him some explanation of the charge I had made against him, because he had no opportunity; I would not listen—we were a large party at Beulah Spa—we had dined together before the rencontre, between 4 and 5 o'clock—Mrs. Robinson was one of the party—she invited me to the pic nic—at the time Mr. Francis Newton came up to me, Mr. Bass came up to me also, and said, "Kerr, there is going to be a row "—I presume that Mr. Bass is here, because he has been subpoenaed by me, and I see from the papers that he was a witness before the Magistrate.
Q. When Mr. Francis Newton came up to you on that occasion, did not
he, in the first instance, ask you for an explanation of the charge which he had heard you had made against him? A. The moment he came up to me he sprang forward, and said, "As you will give me no explanation, I come to punish you, Sir"—I did not hear him say, "I am come again to ask you for an explanation"—I have seen Mr. Bass since that occasion—he has not, in my presence, given a totally different version of this matter—I never heard him go into a single explanation—I never met him since this occurrence but once, which was near Hyde-park, and then I was walking very quickly, and had not any conversation—at the time Francis came up to me, and said he came to punish me, I was on the higher ground—I did not rush down the hill on him and get him down—I was on the top of him in the course of the encounter, but was not kneeling on his stomach.
Q. Did not the coachman who drove you down say, "Fight fair, like a man"? A. I do not know him—I never saw him, to my knowledge—I did not hear the by-standers say so—I gave the coachman his money when he came to me, and I have never seen him since—I was pulled off—I did not, after that, get on top of one or both of them again—I fell on William; I did not get on top of him—I have no recollection of falling over but twice; once when Mr. Francis Newton fell down, and the next time was when Mr. William Newton fell over the garden seat—I was uppermost on each occasion—after I received the blow, he grappled with me, and pulled me down on him—I did not pursue the Newtons—when I got the blow, the blood streamed from my eyes and ears, and my head was so dizzy that I could not recollect or see anything—I did not fall on the seat, nor did I see anybody fall on it—I am not aware whether it was broken, or whether it was an iron seat—I did not touch it—he came against the back of it, and it was overturned, and I fell over him—the garden seat was in a direction up the hill—I was not on top of the slope; I was under it—where we were taking tea was on the top, and where the seat fell was on the heights.
Q. Did not some of your party, as well as yourself, set on the Newtons? A. I did not see them—I can only answer for myself—I did not see the post boy after the time when we were at dinner—I did not see some of my party pursuing the Newtons before I became insensible—I did not appear before the Magistrate at any of the investigations—my father's name was Carr—I call myself Kerr, which is my family name—I did not carry on the business of a provision merchant, at Cork, in the name of Adam Carr; I did not carry on business in my own name, I was a partner with my father—my father or grandfather changed his name; the Irish people called him "Carr," and then he spelt his name so—I have not instructed a friend to say that no indictment would be preferred against these young men—this (produced) is the hat that I had on at Beulah Spa.
MR. PARRY. Q. You were in the West Indies some time, after carrying on business with your father in Cork? A. After my father's death, I went to the West Indies to wind up his affairs—I was made a Magistrate there by Sir George Grey, and hold my commission there still—as I was trying to grapple with the prisoners, I must have received some twenty blows with the loaded instrument.
EMILY STEWART KERR I am the wife of the last witness. I accompanied him to Beulah Spa, with three other ladies—we remained there till 7 or 8 o'clock in the evening—I was walking in the garden with two ladies, and heard a fearful scream—I ran to the spot, and observed Mr. Kerr covered with blood; it flowed from his head in the most profuse manner—I have a great dread of seeing blood, and I called to some person who was
passing to go to Mr. Kerr—I then found that the prisoners were again beating him in a most unmerciful manner—a great many persons were collected together—one of the prisoners was beating my husband with a weapon which was very thick at one end, with a metal cap to it, and a strap coiled round the arm—I think I could swear to it, if I saw it—I tried to approach my husband, but the prisoner, William, said, "Go away, Madam;" and, from the number of strange men, I could not get near him—I have been in attendance on him the whole time—he has suffered excessively.
RICHARD SLAYTER CARTER . I am a surgeon, of No. 7, Upper Fitzroy-street. I was at Beulah Spa on this occasion; almost every one was a stranger to me, except the gentleman who invited me to join the large party, of which Mr. Kerr was one, and perhaps another person—I had not known Mr. Kerr at all before—while we were taking tea, I heard a scream of one or two ladies, and saw a disturbance some little distance off on the lawn—as soon as I could get out of the refreshment tent I hastened down, and saw one gentleman, I do not know who, flourishing a hunting whip; he appeared to have the thong coiled round his wrist, and was striking Mr. Kerr with it—I must have seen the blow which injured Mr. Kerr, for in a second or two he exclaimed, "My skull is broken in!"—I think those were his words; and I think he said something about seizing the murderers—I went up to him, and with the assistance of some other members of the party, took him away to the refreshment room—one of the men who was striking him I saw rushing away, but the man with the whip I did not see afterwards—I staunched the blood, and did the best I could for Mr. Kerr; the blood streamed most profusely from him—I did not attend him at all afterwards.
Cross-examined by MR. HUDDLESTONE. Q. How far off were you when you heard the disturbance? A. About fifty yards; but I cannot be certain—I do not think there were many people in the garden besides our party—there were a great many persons round when I came up—the part of the transaction I saw was the blow with the hunting whip—I do not know what took place before that—I applied cold water to the wound, and bandaged it up as well as T could; there were no means there of dressing it properly—there was only one wound—I put no diachylon on it—I saw Mr. Kerr go away in the carriage; I do not think he was smoking; I do not recollect whether he was or not, there was such a confusion at the time—there were several of the party smoking.
GEORGE HORATIO BRAND . I live at No. 29, Howland-street, Fitzroy-square; I do not follow any business. I was one of the pic nic party at Beulah Spa—I do not know either of the prisoners—I saw them there that day—when I first saw them, Francis was under Mr. Kerr—some strangers passed and struck Mr. Kerr on the back, and the prisoner, William, struck him also with a stick—Mr. Kerr then got up, and the crowd ran up towards where we were sitting at first, and they fell over a seat, and Mr. Kerr fell over William Newton, and they got round by me—I was between Mr. Kerr and Francis Newton when the last blow, the fearful blow, was struck—Francis struck that blow, he had got the whip in his hand in this way, and struck him in this way (imitating the action)—somebody said, "Why do not you take the whip away?"—several persons said that they could not get it away—William Newton then came and stood by his brother, and then they both ran away up the grove, and I followed, with one of the bandsmen—they ran through the entry gate, where there was one of
Hansom's patent cabs waiting—I said to the driver, "You are not to drive off," and they jumped out of the cab, ran into the hotel, and made their escape out at the back part of the house—Mr. Kerr was covered with blood, and my coat was saturated with it also.
Cross-examined by MR. COLLIER. Q. You saw the seat overturned? A. Yes; they fell over it—it was an iron seat—5l. damages was wanted from me for it by the proprietor, so I suppose it was broken; I was going away, and they said, "We will hold you responsible for this seat," but I was far away at the time—Francis Newton was retreating at the time he brandished the weapon, and he was within three feet of Mr. Kerr, at the time he struck the blow—Mr. Kerr was coming forward, and others were coming forward too; they were not pressing on the Newtons but on Mr. Kerr, there was no one between them and him—it was at the time he was flourishing the whip that he struck the fearful blow, the murderous blow.
CHARLES FOWER . I reside at Sidney-place, Brompton. I was at Beulah Spa, when this painful occurrence took place—I did not see the commencement—I saw a great number of blows struck on Mr. Kerr's head, by both the prisoners—I saw no other persons strike him—the blows that William Newton struck were with a stick, and were on the head, and those that Francis struck, were with a heavily loaded whip.
Cross-examined by MR. HUDDLESTONE. Q. Do you know a gentleman named Bass? A. I have seen him; he was there on this occasion—I did not see him when I went up to Mr. Kerr—I was not before the Magistrate, but I have read in the newspapers that Mr. Bass was examined there—I have not seen him here to-day.
MR. PARRY. Q. Were there a great many persons there, ladies and gentlemen who must have seen this? A. A great many; I saw Mr. Bass in the crowd with others—I know that the father of the prisoners was there—I have seen him here to-day.
CHARLES STANLEY CHRISTIAN ESQ ., M. D. I live at No. 1, Ovington-terrace, Brompton. On 11th Aug., between 11 and 12 o'clock at night, I was called in to attend Mr. Kerr—on the right side of his head I found an open wound about an inch and a half long, and three quarters of an inch wide, running from behind forwards—it was a lacerated wound, the edges were jagged—I ran my probe along the bone, and found that it was denuded—he seemed a little excited, and wanted to talk about the dinner, but nothing more—I attended him for just a month—on the Saturday there was great excitement going on in his brain, and on the Sunday symptoms of compression of the brain began to show themselves; on Monday morning the case became so urgent that I wished for further advice, and Mr. Johnson, of St. George's Hospital, saw him with me, and attended him with me for three weeks longer—on the Monday night Mr. Kerr went into insensibility, and remained so up to Friday night; after that he slowly and gradually recovered—his life was in great danger on the Tuesday, and I was very much alarmed—the symptoms I have described were the consequence of the wound—I have seen him since his return to town, and have advised him but have not prescribed for him—giddiness is one of the symptoms of the injury—he will not recover such a serious injury for one or two years.
Cross-examined by MR. COLLIER. Q. Did you see Mr. Kerr at any time in Oct.? A. Yes, about the middle of Oct.—he asked my opinion about his appearing before the Magistrate, on 11th Oct., and I said, "I believe you
physically equal to going into Court, and I advise you to do it. I think you may go with safety"—I did not say, "I advise you to do so"—I withdraw that—I did not give that advice—if I said so it was inadvertently; it was rather what I thought than what I said.
MR. BALLANTINE. Q. Were those circumstances quite unconnected with any medical matter? A. Yes. Witness for the Defence.
CHARLES HICKS . I am a coach builder and job master, living in Russell-mews, Russell square. I cannot say who gave the party, but I was applied to by Dr. Bond, for my four in hand drag, and I drove some of the ladies and gentlemen, who were in company with Mr. Kerr, to Beulah Spa—after they had had tea, I was sitting at a table in the gardens; Dr. Bond and several gentlemen were at the table, and Mr. Kerr's post boy was sitting by the side of me—Mr. Kerr was sitting within two yards of me—several gentlemen were having tea after the ladies had done, about the same distance as you are from me—somebody, I do not know who, came up and spoke to Mr. Kerr, who left the table where he was having tea, and walked down on the grass plot, and met two gentlemen, who were standing just on the brow of the hill—I do not know who they were—some words took place, and they commenced quarrelling and wrestling like—I and the post boy ran up, and just as we got up they had been down once, and had got up again—Mr. Kerr then tackled one, and the post boy the other—when they commenced wrangling, Mr. Kerr pushed them off like this, but there was no blow struck—I had not seen a blow struck at all then, but they then commenced wrestling and fell—I and the post boy then ran up—Mr. Kerr tackled the big one, and the post boy the little one—Mr. Kerr and Francis Newton commenced fighting the same as the post boy and Mr. William did, only Mr. Francis had got a whip in his hand—the little one fought with his fists, but the other one had the whip—Mr. Kerr fought right and left with the one with the whip in his hand, and on the second round I catched hold of the post boy, and said, "What are you doing here?"—he said, "D—n you, fight for your own party"—I said, "Let them fight their own games; what has that to do with you or me?"—after I took the post boy away, Mr. Kerr and the little Newton had a scuffle together, and Mr. Kerr knocked him down on the edge of the flower bed, and fell on the top of him—he had had him down about half a minute, a punching of him, and striking of him when he was down, holding him with the one hand and giving it to him with the other, when I catched hold of him, and said, "D—n you, fight fair," and I pulled him off and held him till the other one got up, and recovered himself, and then I let him go again; and after that they had a round, and there was an iron chair, over which they went in the scuffle, and broke the back of it—I did not see where Francis Newton went to after that, for there were so many ladies and gentlemen about there—I should think the chair was five or six yards from them when the struggle first began, and they fought down hill—Mr. Kerr followed, and the Newtons retreated—Francis Newton had a whip, and I saw him strike Mr. Kerr with, it—he could not strike him unless he had it, because Mr. Kerr was so high up—he was on the high ground, and stood a foot and a half higher than the Newtons did.
Cross-examined by MR. BALLANTINE. Q. He could not help striking him with the whip if he struck him at all, could he? A. No; because he stood so high up—he could not have struck him very conveniently with his fist—it was not fair to fight like that—I cannot speak positively to the effect of the blow on the head with the whip, most likely he hurt him—I am sure of it, because there was blood running in the second round, after the post boy
came up; but whether it was done with the whip or the fist I cannot swear.
COURT. Q. Was the blood running when you took the post boy away, or after? A. I think it was after—I saw it after I had got the post boy in my arms holding him, while I was holding him.
MR. BALLANTINE. Q. Where was the blood? A. Running down Mr. Kerr's head and waistcoat—he bled very much—I touched him after that, when he fell on Mr. William—that was after the blow, and after I picked him off—it was when Mr. Kerr was covered with blood, and lying on William, that I used the expression, "D—n it, fight fair"—it was addressed to the man covered with blood—he had no instrument in his hand, and no hat—I saw nothing in William Newton's hand—I saw the whole affair—when they first came up to the fray they both had hats on—I saw the commencement; William Newton had not anything in his hand that I saw, if he had I think I must have seen it—I know William Newton's name by Mr. Newton's calling on me at the time I was examined at the police court—he pointed out William Newton, and told me that that was his name—I did not see Francis Newton there—I have seen William Newton since that time; he has called round at my yard twice—I have never drunk with him—I drove Mr. William Newton down to Beulah Spa, about a week or ten days ago, to see the ground—I did not drink with him then—a friend went down with me—Mr. Francis Newton went also.
Q. I thought you did not know him? A. I have seen him since—old Mr. Newton also went—the friend who went with me lives at Islington; his name is Weeks—he and I had some drink together, which Mr. Newton's people paid for—I was in the gardens when the dinner was over—I helped myself to provisions, but not to a drop of wine—Mr. Kerr rebuked me when I was helping myself to the beef, and told me I had no right to take it—I should not have taken it if Dr. Bond had not asked me to do so.
MR. COLLIER. Q. You drove down part of the party which Mr. Kerr joined? A. Yes—that was in the way of my business—I never pay for anything that I eat when I go out with gentlemen—I did not see any blow struck in the first round; Mr. Kerr appeared to push them off, when they commenced wrestling—I only saw Mr. Kerr push against Mr. Newton in the first round—it was in the third or fourth round that I called to Mr. Kerr, "D—n it, fight fair!" he had then got the little one down, and was on top of him, punching him—there was blood on him, but he appeared to be very strong at that time; he was bleeding very much, but was able to punch—I held him tight round the arms till the other one got up—I never noticed his being insensible—I saw the elder prisoner strike him with a whip; he was then below, and Mr. Kerr was a foot or eighteen inches higher—they were fighting down hill—Mr. Kerr was on the high ground all the way.
COURT. Q. At what period of the fight was that? A. That was the second round, and in the second round the post boy commenced fighting—we both went "up together, and the post boy took the other when he saw that there were two; and after they had had a couple of rounds, I took him away, and said, "Let them fight their own game"—there was great confusion; there were thirty or forty ladies there, and the gentlemen were all round.
FRANCIS— GUILTY of unlawfully wounding .— Confined Nine Months .
WILLIAM— GUILTY of unlawfully wounding .—Recommended to mercy by the Jury.— Confined Three Months.
Before Mr. Common Serjeant.
MR. RYLAND conducted the Prosecution.
CHARLES DEACON . I keep the Builders' Arms beer shop, in Merton-road. There is a bar and a tap, which is lower than the house—it is one story high, and has a flat roof, covered with zinc—there are two windows over the roof—one window is fastened with a drop catch—any person on that bar top could get to that window, and put an instrument in, raise the catch, and open the window—on Saturday week I was in the tap room, about 7 o'clock in the evening—my wife was in the sitting room, close by—in consequence of something my servant, Elston, said to me, I listened, and heard a person walking on the zinc flat on the roof—I called my son out of the stable, went out into the road, and saw a man on the roof—there was a gas light at the toll gate, which throws a light over my premises—it was the prisoner, Hunter, who was on the roof—he was at my bed room window—I placed my son in the gateway, and Payne at the tap room door—I stood in the road, and saw Hunter drop off the roof, within a yard of where I stood—I laid hold of him momently—he tried to get away—while he was doing so, Lane came up, and said, "Let him go, and I will see that he don't get away"—I told him "No," not as long as life lasted, I would not give him up—Lane walked away about ten yards; he then deliberately turned round, and said to Hunter, "Trip him up"—I was still struggling with Hunter, getting him towards home—a screw driver and a pocket handkerchief fell from him—we forced him into the tap room, and sent for an officer, and gave him in charge—he took a crow bar from his pocket, and used it over my head—he struck me with it five times, but there were only three wounds—they bled—some other persons came up, he was taken into the house—I went in—Lane followed us in, and I told him he was one of the party—I collared him, and held him till a policeman came and took him into custody—I had hold of Hunter and him too—Lane said he did not belong to the party, and he did not know anything of him at all—the policeman came and took Hunter—we gave the crow bar in charge of the policeman—I afterwards examined the bed room window, and saw the marks where a screw driver had been in, trying to lift the sash up; and there was some candle grease under the bottom sash—a person with that screw driver might lift up the window, and get into the house—I had my wounds dressed, first by my wife, and afterwards by a surgeon—there were articles of property in that bed room.
Cross-examined by MR. SLEIGH. Q. You saw Hunter on this roof? A. Yes, when I was in the road—he was in the road—I took him by the collar—I put my fingers inside his neck handkerchief, and almost immediately two or three men came out of the public house to assist me—we had the first onset before they came—the other men came up immediately—my son, Joe, came out just after I had hold of Hunter—my son did not say, "Hit him in the ribs, father; he can't show it"—when I got Hunter in the tap room, the other men who assisted me followed likewise.
Q. When you were there, did not your wife say to you, "Don't be such a brute, Deacon; don't strike the man, when you have sent for a policeman"? A. No, nothing of the kind—no one said to me, "Don't be such a brute"—after I had Hunter in the tap room I struck him two or three times, because he wished to get away—no other man struck him—I believe there
is only one of the other men here—I know who the others were—I should say there were five other men, including my son Joe—Joe is not here to-day—my wife did not say, "Don't make such a brute of yourself, ill using the man;" nothing of the kind.
Cross-examined by MR. LILLEY. Q. Where were you when you first had your attention attracted to the zinc roof? A. Sitting in the tap room—there was only one person at the bar; that was Lane—he was having some bread and cheese, and beer and tobacco—the first thing Lane said was, "Let the man go; I will see that he don't get away"—he then said, "Throw him up, or trip him up"—no name was mentioned—I did not say that he called to Hunter—there was a cart standing outside the door—when I had both the men in custody they were in the tap room—I took Hunter in; Lane voluntarily went in—he said he did not know anything about Hunter.
MR. RYLAND. Q. What made you strike Hunter? A. He was resolute, and wanted to get away—I told him he had used an unfair weapon to me, and I would use a fair one to him—Lane claimed the cart—I did not see it searched.
MARY ANN DEACON . I am the wife of the last witness. On Saturday week, between 6 and 7 o'clock in the evening, I was in the bar—Lane came in, and I served him with a glass of half-and-half, and a screw of tobacco—he drank it, and stood a little while—he then went out, and came in again, and asked for a crust of bread and cheese—after I had fetched him the bread and cheese I observed a horse and cart in front of the window—I had not seen it before he came in the second time—when he called for the bread and cheese I asked him to walk into the tap room, as there was a nice fire—he said, "No," he would stand there—he stood, I should say, a quarter of an hour nearly—after that my husband came out of the tap room, and asked if any one was on the roof—my husband went in the front of the house—my son was called, and he came round to the other side of the house—there was a cry that there was some man on the roof—on that Lane went out—he had not been standing still all the time he was at the bar; he went in and out two or three different times—after my husband had gone out I went out—I saw my husband and Hunter scuffling together in the road—Lane went across to them, and he asked my husband to release the other prisoner—Lane came over into the footpath, and said, "Trip him up! throw him up!"—I cannot say who that was said to—the man was a stranger to me—some other persons came up, and Hunter was brought into the house—Lane stood out in front—the cart was there all his time—I went up to Lane, tapped him on the shoulder, and said he belonged to the other prisoner—he said he did not—I spoke to a neighbour next door, not to let the horse, and cart go till he gave it into the hands of a policeman, and it was detained—I afterwards examined my husband's head—there were three cut wounds on it.
Cross-examined by MR. SLEIGH. Q. When you saw your husband and Hunter struggling in the road, four or five men rushed out immediately to assist your husband? A. Yes; they laid hold of Hunter, and brought him into the public house—I believe they were not very gentle in their treatment—my husband had his knuckles in his neck, and two or three other men lugged him in, and held him down on the table—I did not say to my husband, "Don't act like a brute to the man"—nothing of the kind—I did not see him continue striking him—I only saw him strike one blow—I did not ask my husband and the men not to hit him any more—I did not ask my
"husband not to ill use the man, nor did any one in my hearing—I never saw him ill used—I was not present during the whole time this man was in the tap room—my daughters were not in the tap room—they were in the bar—you cannot see from the bar to the tap room—they communicate by a door—none of my daughters are here to-day—I saw Hunter make resistance before he got into the tap room—not after he got in; he had no chance.
Cross-examined by MR. LILLEY. Q. Could not Lane have gone away? A. He could in the first instance—I believe he went to fetch a policeman.
GEORGE ELSTON . I am a labourer and live at Merton. I was in Mr. Deacon's tap room on the Saturday that this happened—I heard a noise on the zinc roof; I called out and said there was a noise—I was the last out of the room—I went into the road, and saw Mr. Deacon and the prisoner Hunter, who was hitting Mr. Deacon on the head with this crow bar—I saw it in his right hand and took it out of his hand—I saw him strike him with it twice; and saw him bleeding—I saw Lane—he stood against the door—he said, "Throw him;" but he did not mention any name.
Cross-examined by MR. SLEIGH. Q. Was not your attention first arrested by Mr. Deacon calling out for help? A. I cannot say that I heard him—I was the last out of the tap room—Mrs. Deacon was calling out—I recollect three men going out of the tap room—Joe was not in the road—he and the other men were all round Hunter—I did not hear Joe call out, "Father, hit the b—in the ribs"—I did not see Mr. Deacon hit him in the ribs—I saw him strike him two or three times on the head—that was in the tap room—I did not see him strike him before he got in the house—I saw no one strike him in the road—I saw him brought from the road into the house, and I had hold of his right hand, the hand that I took this bar out of—after we got him in, I saw Mr. Deacon strike him on the head—he was put on the table—I never touched him after he was put on the table—it was after he was put on the table Mr. Deacon struck him several times on the head—I saw Mrs. Deacon, she was at the room door—I did not hear her say to her husband, "Don't strike the man again; don't be such a brute"—I do not recollect that when the man was on the table, surrounded by five or six persons, that any one said, "Don't be such a brute."
Cross-examined by MR. LILLEY. Q. When you "first saw Lane, where was he? A. The first time I saw him he came into the tap room—he was not eating bread and cheese—I did not see him at the bar.
MR. RYLAND. Q. Did you hear any one desire Mr. Deacon not to beat the man? A. No—I saw the man on the table—he said, "Don't beat me"—he was struggling for them to leave go of him.
RICHARD WADE . I am a butcher, and live next door to Mr. Deacon. I have a powerful gaslight in front of my shop—that has the effect of throwing a light on Mr. Deacon's premises—it was so on the evening of 9th Dec.—after this matter had happened, I observed that gaslight again—it was turned back into the shop—that would throw a darkness on Mr. Deacon's premises—it could be turned back from the outside—I heard the disturbance in the road, and went out—I saw Mr. Deacon had hold of a man—I went up, and there were two or three together—the prisoner Hunter was there—Mr. Deacon had hold of him—they were pulling him together, coming towards my premises—I saw Mr. Deacon's head was bleeding all down his shirt—they got on the footpath, and then into Mr. Deacon's house—Mrs. Deacon called my attention to a horse and cart—Lane was standing on the footpath, near to the cart—Mrs. Deacon said he belonged to the
other prisoner, and desired me to detain the horse and cart, and Lane—I did not hear Lane say anything to that—I stood at the horse's head—they took Hunter into Mr. Deacon's house, and the others went in, and Lane went in also—Lane came out afterwards, and got into the cart—I asked him if it belonged to him—he said it did—I said, "I think you belong to the other party"—he said, "I am a respectable man; I do not"—I said I should detain his horse and cart—he said he would go and get a policeman—I told him there was no occasion to do that, there were others gone—he then wished me to get into the cart, and said that he would drive me for a policeman—I did not get into the cart—I led the horse and cart into my yard—Lane got out of the cart—I searched the cart, and found in it three skeleton keys and a gimlet—I handed them to the constable.
Cross-examined by MR. SLEIGH. Q. There were several other persons round Hunter, dragging him into the house? A. Yes—I did not hear him say anything.
Cross-examined by MR. LILLEY. Q. There is a zinc flat in front of the Builders' Arms? A. Yes—the cart was standing at the door nearest to my place, nearest to London—that door is near the bar—Lane went into the house before I led the horse and cart away—after he had gone in I led the horse and cart away immediately.
CHARLES CLARK (policeman, V 270). I was sent for to Mr. Deacon's on that Saturday evening—I got there about a quarter past 7 o'clock—the two prisoners were given into my custody for attempting to break into Mr. Deacon's house—Lane said, "It is very hard a man can't walk along the road without being taken for that he knows nothing about"—the prisoners were put into the cart, and I drove them to the station myself—Lane wished to drive his own horse and cart, but I drove it myself—I received these things from Mr. Wade.
Cross-examined by MR. LILLEY. Q. Lane complained, and said he knew nothing about it? A. Yes; and he said it was very hard he could not go along the road without being interfered with.
JOHN NEWMAN . I live at Notting-hill. I let out horses and carts—on Saturday week, the prisoner Lane came and hired a cart of me—he brought a horse with him, harnessed—he said he wanted a cart for three or four hours—I let him have one—the horse was put in it and he went away.
Cross-examined by MR. LILLEY. Q. Lane has hired a horse of you before? A. Yes—I have known him eight or nine months—I never heard anything against him.
(Lane's statement before the Magistrate was here read, as follows:—"I wish to say that if the keys were found in my cart they were thrown there.")
(Lane received a good character.)
HUNTER— GUILTY of unlawfully Wounding to resist his Apprehension. —Aged 24.
LANE— NOT GUILTY .
HUNTER PLEADED GUILTY . Aged 24.— Confined Eighteen Months.
MR. RYLAND conducted the Prosecution.
MARY ANN DEACON . On Saturday week I was in my bar in the evening, and heard the alarm of some person being on the roof—I had seen Lane before that—he came to the bar—he had first a glass of half-and-half and a screw of tobacco—he drank the half-and-half, and paid for it—I think that
was about a quarter before 7 o'clock—he then went out of doors—he came in again in a minute or two, and had some bread and cheese—he stood some time—I observed he had a horse and cart—he went out—I could not say whether he took the bread and cheese in his hand, but he went out and stayed about a quarter of an hour; I supposed, to look at his horse—I afterwards heard a hubbub outside—I went out, and saw my husband struggling with a man—I saw Lane go across the road, and he asked my husband to release the man and he would see that he did not go away—my husband refused to do so—Lane then crossed to the footpath, and he said, as they were bringing Hunter across the road, "Trip him up"—I could not tell to whom he said that—I put my hand on Lane's shoulder, and said, "Young man, you belong to him"—he said he did not—I requested that they would not let the horse and cart go away—Lane afterwards went into the room where Hunter was—he did not go out till the policeman came—he was taken into custody in the room—I did not see what took place about the horse and cart.
Cross-examined by MR. LILLEY. Q. Do you know Mr. Newman? A. Only as a witness—I may have talked with him about this—I did not say to him that I thought Lane was not implicated—I said I was sorry for him—after he had said, "Trip him up," Hunter did nothing—Lane had time to make his escape after the alarm.
CHARLES DEACON . After I had seen Hunter drop from the roof, and I had seized him and was struggling with him, Lane came out of the bar, and came right round behind us—he asked me to let him go—he said, "Let him go, I will see that he shan't go away"—I did not let him go—Lane walked right away on to the footpath adjoining the house, and as we were passing with Hunter, I heard him make use of the expression, "Throw him up" or "Trip him up"—after all this was over, I examined my bed-room window, and found two marks under the bottom till of the sash with a screw driver—if any one had pushed it in, he might have raised the window—the window was raised.
Cross-examined. Q. When you and Hunter were passing Lane, Hunter struggled a great deal? A. Yes—we went in the house, and Lane followed us in—he went out again, and came in again afterwards.
JOHN ELSTON . At the time I took the crow bar out of Hunter's hand, I did not see Lane; he was behind against the door—he was about five yards from Hunter and Mr. Deacon—I heard him say "Throw him"—he mentioned no name—I cannot tell who he applied those words to.
RICHARD WAY . After Mr. Deacon and the others had gone in the house, Mrs. Deacon said, "This man (pointing to Lane) belongs to him, and the horse and cart; stick to him, Way"—Lane said he did not belong to Hunter—Lane went into the room after Hunter and Mr. Deacon, and two or three more—Lane came out, and was going to get in the cart—I said, "They say you belong to the other man;" he said he was a respectable man, and he would go and get a policeman—I said, "I will not let you go"—he said if I got in the cart, he would take me to fetch a policeman—I would not, and he came out of the cart and went in the house—I drove the cart up to my premises—I got my wife to bring me a candle—I got in the cart, and found these skeleton keys and gimlet.
Cross-examined. Q. In what part of the cart were they? A. About half-way between the seat and the tail board—in the bottom of the cart.
house—Lane said it was very hard he could not walk along the road without being interfered with—he knew nothing of the other prisoner.
Cross-examined. Q. Did Lane give you his address? A. Yes; I did not find anything particular on him—he had 3s. 1d. in money, and some common keys—I did not go to the address he gave—another constable went.
JOHN NEWMAN . I live at Notting-hill. I let carts—last Saturday week, Lane came and brought a horse that was harnessed—he asked me to let him have a cart for two or three hours, when he was to bring it back and pay for it—the horse was put in and he went away, I never saw him come back.
Cross-examined. Q. You have known Lane nine months? A. Yes—I had some conversation with Mrs. Deacon, she said she thought Lane was not implicated in it.
LANE— NOT GUILTY .
PLEADED GUILTY . Aged 16.— Judgment Respited.
PLEADED GUILTY . Aged 35.— Confined Twelve Months.
MR. CLERK conducted the Prosecution.
SAMUEL JOHN KIRBY . I am a chemist at Barnes, in Surrey. On 13th Dec., the two Drennans came to my shop—Jane had a child as she has now—she asked for a powder for the child—I gave her two powders, and she gave me a shilling—I placed it in my till, where I had no other silver—I gave her 9d. in change, and they left the shop—I looked at the shilling in a few minutes afterwards—I had then no other money—I took it out, and it was a bad one—I marked it, and placed it back again—I had marked it through the head—the same evening the prisoner Lewis came from 5 to half past 5 o'clock, she asked for an ounce of salts for the bile—I said she had better take a couple of pills—I served her with some—I put them in a box—they came to a penny—she gave me a shilling—it remained on the counter; I gave her change, and she left—I then took the shilling from the counter, and it was bad—I followed Lewis out of the shop, with the shilling in my hand—I saw her join the other two prisoners at the corner; I called her back, and she came back; I asked her if she was aware that she had given me a bad shilling—she said, "No"—she gave me back the change, and paid me for the pills with a good sixpence—I broke the shilling, and returned the pieces to her—I can say that the shilling was bad—I saw the pills afterwards, at the Court at Wandsworth—I believe they were the same I had sold to Lewis—I gave the first shilling to the constable, about half past 5 o'clock—it was about 3 o'clock, when I received it from Jane Drennan—it had remained in the till all that time, and no other money had been put in.
WILLIAM CHAMBERS (policeman, V 129). I received a shilling from the last witness on the evening of 12th Dec.—I assisted in taking the prisoners to the station—I searched Elizabeth Drennan; I found this box of pills in her apron, and two rolls—I saw the rolls, and I asked her if she had got anything else; she said, "No."
WILLIAM SYMS . I keep a beer shop, at Barnes. On the evening of 13th Dec. the three prisoners came to my shop: my wife's sister served them with one pint of beer—I was sitting close by; I saw the prisoners drink the beer;
Jane Drennan paid for it with a shilling—I saw my wife's sister take the shilling, and she brought it to me; it was bad—I asked Jane Drennan if she was aware it was a bad one—she said, No, she was not aware of it"—I said, "It is very bad, good for nothing"—she said, "I have taken it to-day for a pair of combs"—I bent the shilling, or broke it, and returned it to her—she paid for the beer with two penny pieces, and they all went out together.
WILLIAM BARNS . My father is the toll keeper at Hammersmith-bridge, Last Wednesday I saw the three prisoners on the bridge, between 2 and 3 o'clock in the afternoon.; they were going towards Barnes—I saw them come back about 10 minutes before 6 o'clock—Jane Drennan paid me a bad shilling—I gave her 10 1/2 d. change—I suspected that the shilling was bad, and I put it in the detector and bent it—the officer Tilbury came up; I gave him some information—he told me to mark the shilling, and give it to him, which I did, and he followed the three prisoners.
ROBERT TILBURY (policeman, V 135). On Wednesday, 13th Dec., I went to Hammersmith-bridge, in consequence of information; about 10 minutes before 6 o'clock I communicated with the last witness, and he pointed out the three prisoners; he marked this shilling, and gave it to me—I went after the prisoners, and took them into custody in Ship-lane-—I saw Lewis throw down a paper from her hand—I asked her what she had thrown down—she said, "Nothing"—I picked it up, and found in it these two bad shillings—she first said she did not throw them down, and she knew nothing about them, and afterwards she said she had found thorn—I searched Jane Drennan, and found on her 10 1/2 d.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. This shilling uttered by Lewis is bad—these two in the paper are bad, and are from the same mould as the one uttered by Lewis—this one, uttered to William Power, is bad.
Jane Drennan. This young woman said she picked up two shillings, and she gave me one to get the child a powder.
LEWIS— GUILTY —Aged 17.
JANE RENNAN— GUILTY , Aged 20.
Confined Twelve Months.
ELIZABETH DRENNAN— NOT GUILTY .
Before Russell Gurney, Esq.
MESSRS. BALLANTINE and RIBTON conducted the Prosecution.
(The prisoner, being a foreigner, had the evidence explained to him by an interpreter.)
LUIS PETRE . I have a workshop at No. 4, Gibson-street, Waterloo-road. The prisoner came there on 23rd Sept—I paid him a sum of money—I cannot exactly tell the amount—I gave him this cheque—I got a receipt, from him—(read: "London, Sept. 25, 1854. Received of Mr. Louis Petre the sum of 200l., in full discharge of all claims or demands whatever which I may have against the above Louis Petre, either directly or indirectly. Yves Marie Ruello")—Mr. Curgas wrote the receipt—I saw the prisoner sign it—the prisoner came back to me in about twenty minutes—he brought me the cheque back from the Bank—the Bank not paying it was dated 24th Sept., and that was the 23rd—I then gave him this other cheque (looking at it), in place of the first one—when the first one came back from
the prisoner, I wrote on it, "Spoiled"—there has been an alteration in the date of this first cheque—it has been altered from the 24th to the 25th.—(The cheques being read, the first was for 200l., from the prosecutor to the prisoner, on the London and Westminster Bank, dated 25th Sept., altered to the 24th; the second was for 200l., dated 23rd Sept.)—When I gave him the second cheque, I put the first on the table—I never saw it from the time I wrote "Spoiled "on it—I searched for it on Monday, the 25th, but was not able to find it—I saw it on 10th Nov., in my pass book, from the London and Westminster Bank.
Cross-examined by MR. GIFFARD. Q. How was it you came to pay him the 200l.? A. For my gift—I mean to swear I gave him this 200l.—the prisoner had never been in the habit of giving directions at my workshop—he claimed the half of the 1,000l. which I received from Government, as his share of the invention—there had been a quarrel between us before this cheque for 200l. was written—it was after the quarrel that I gave him 200l. for the gift—we were not together at the Arsenal in France—at L'Orient we were together—we lived in the same town, and the same house—we came to England together, five years ago—he and I were never together, making experiments about this invention—we both speak French—this receipt was drawn in English, because there was a person in the house that' could do it, Mr. de Curgas—the prisoner understands a little English—the receipt was explained to him, before he signed it, by Mr. de Curgas—the prisoner and I were in Portsmouth together—I received 50l. there from Government—that was expended between me and the prisoner—the prisoner was not doing anything there—he was living with me, doing nothing—we were waiting there for experiments with the invention—that was the same invention for which the Government gave me 1,000l. on 22nd Sept.—this matter was on the 23rd—I have never said that I was a partner with the prisoner in this invention—I know a person named Cursant—I never told him I was a partner—I never told La Fontaine so—I have never said to Madame Curgas that I was to have a life share in it—Mr. Tucker was my assistant—he was my paid assistant—I persist in saying that after Mr. Tucker wrote the word "Spoiled" on this cheque, I never saw it till 10th Nov.—I swear I had not it in my possession—I saw the prisoner a fort-night after 23rd Sept., calling at some house as his workshop—I did not see him, to speak to him, after 23rd Sept—I know Gibson-street—I saw him through a window in Gibson-street—I did not meet him, and speak to him—he wanted to speak, but I refused—he did not come to me in Gibson-street, and speak to me—I refused to speak to him—he did not see me, and speak to me, in Gibson-street—I never saw him, to speak to him, after the 23rd.
Q. On your solemn oath, did you not meet him in Gibson-street, give him this cheque, and tell him that you owed him only 50l.? A. Oh, no—the sum he claimed from me was 400l.—I can swear it was not 450l.
MR. RIBTON. Q. At the time you paid him 200l., was he making a demand on you? A. He endeavoured to quarrel—he claimed 400l.—there was no pretence for saying that I owed him 400l.—it was to settle the matter, that I consented to give him the 200l.—there is no pretence for saying the prisoner had anything to do with the invention—he is a baker by trade—he was lodging with me in Portsmouth—the 50l. was expended between us—there were expenses of board and lodging—I paid the prisoner's lodging—Mr. de Curgas, who wrote the receipt, was a friend of the
prisoner—it is nearly a month or six weeks since I saw Mr. de Curgas—there is no pretence for Baying that the prisoner had any share in the invention.
DUGLAS TUCKER . I live at No. 4, Durham-place. I know the last witness—I went with him, in Sept., to the workshop in Gibson-street—I saw the prisoner there—Mr. Petre and the prisoner went up stairs—I remained down stairs—Madame de Curgas was up stairs—after some time the prisoner came down in great haste, and said, "Have you got a receipt stamp?" (I had one in my pocket book)—he said, "The matter is now arranged"—I went up stairs—I did not see the receipt written—I saw it after it was written—I do not know the handwriting—I had written a receipt for Mr. Petre to give to the prisoner—it was written in English, and the receipt that was afterwards written was a copy of mine, with the exception of its being for 200l. instead of 100l.—Mr. de Curgas read the receipt to the prisoner in French, and translated it into English, and he said to him in French, "This is for the purpose of giving a full discharge for all"—the prisoner said, "Yes yes, yes," as to its being a full discharge for all or any charge that he might have against Mr. Petre—I saw the prisoner sign it, the receipt, and it was given to Mr. Petre—I saw Mr. Petre hand a cheque to the prisoner—he went away, and came back some time afterwards, and came up stairs—the said to me and Mr. Petre that the cheque was wrong—the mistake was that it was dated the 24th, and this was on Saturday, the 23rd—I said we had discovered the mistake, and Mr. Petre would give him another—Mr. Petre put himself to the table to give him another, and I took the first cheque and wrote on it "Spoiled," and wrote the same in the cheque book—Mr. Petre then wrote a second cheque, and it was handed to the prisoner—the first cheque remained on the table.
Q. Was it after the first cheque was given that you got the receipt, or after the second? A. After both—I altered the date from the 24th to the 23rd, and I made the prisoner sign it again, so that it is actually signed twice by the prisoner—the first cheque was missed the same evening—we did not return to the house till the Monday following—it was not found—I looked myself over some papers; we could not find it—I next saw it on the day Mr. Petre brought it back from the Bank on the 10th Nov.—Madame de Curgas left with the prisoner, and shortly afterwards I and Mr. Petre left.
Cross-examined. Q. Where do you live? A. No. 4, Durham-place—that is where Mr. Petre lives—I was not in his actual employ at that time; not in his pay—Mr. Petre and the prisoner appeared to be in warm conversation—I was in the shop underneath—they spoke as if they were angry—I can speak French—after the receipt was written, Mr. de Curgas said to the prisoner, in French, "You understand well that that sum of 200l. is in full discharge for all your claim"—I had never heard him make any claim against Mr. Petre—he came to Gibson-street several times about that time—from his conversation, I thought he had an idea that he had some claim—Mr. Petre never said anything to me with respect to any claim—nothing ever passed in my presence with respect to claim made by the prisoner—Mr. Petre married a cousin of my wife's.
COURT. Q. When the prisoner received the second cheque, what did he do? A. He left the house, after altering the receipt—I should think he stopped five or six minutest—I cannot say that I saw the first cheque on the table after he left—I believe it remained on the table; I know it was
laid there—the prisoner was near the table when it was—the cheque was thrown on the table—I was sitting on the left side of Mr. Petre, and I took the cheque and wrote the word "Spoiled" on it—I then put it about the centre of the table—I wrote the same on the counterfoil.
MR. GIFFARD. Q. Was this name, "Y. Ruello," written on this first cheque at the time you wrote the word "Spoiled" on it? A. No; there was no writing at all—I believe it to be the writing of the prisoner.
HENRI GEORGES ALABADA HAAN HETTENA . I reside at Brussels—I received this cheque from the prisoner—I negotiated it to Mr. Adolphe, and he told me that the cheque was paid in London—I paid the prisoner 4990 francs for it.
COURT. Q. When was it he brought you the cheque? A. I believe it was on the 17th Oct. he presented the cheque, and on the 20th, I believe, he received the money.
ARTHUR ARKHILL . I am in the employ of Messrs. Crankley and Avey; they are foreign bankers. I received this cheque, with others, from Adolphe, at Brussels—I sent it to our bankers, Jones, Loyd, and Co., and received the money, and communicated with our correspondent that we had done so.
EDMUND BERDMORE . I gave a cheque for this cheque, on 19th Oct.; I observed this word on it, but I took it for what we call a second crossing; I did not notice that it was the word "Spoiled—the money was repaid to Mr. Petre; we have rendered ourselves responsible for the amount.
HENRY WEBB . I am an officer of the city of London. I took the prisoner on 2nd Dec.—I found him at No. 3, Exhibition-place, Woolcomb-street, Dover; he was living there under the name of Alexander—I told him I apprehended him on a charge of stealing a cheque for 200l. in Sept. last, from Mr. Petre, in Gibson-street, Lambeth; he said he did not steal it, that Mr. Petre owed him 500l.—I do not understand French—I found on him 20l., a gold watch, and his passport, dated 25th Sept., 1854; I found on him letters directed to Mr. Alexander—I went to the house and asked for Mr. Alexander, and was introduced to him by that name.
RICHAD ROY , I am solicitor to the London and Westminster Bank. I went to the prisoner, at Bow-lane station, when he was brought up from Dover; they required some one to give charge of him—I told him the charge in French, and he said, "I did not steal it, Mr. Petre gave it me."
MR. GIFFARD to LOUIS PETRE. Q. Is it true that the prisoner never made any larger claim against you than 200l.? A. He claimed more—I do not know whether I said so at the police court—I do not recollect—what I said was read to me—I signed it—this is it—I understood it; I would not have signed it if I had not.
Q. Did you say (reading) "He never asked me to give him a larger sum than 200l.?" A. He demanded more—he had made a larger claim, but he only demanded 200l. that day.
MR. BALLANTINE. Q. Was your examination in French or in English? A. In English.
MR. GIFFARD. Q. Did Mr. Roy attend? A. Yes; and Mr. Tucker was there; there was not an interpreter.
Witnesses for the Defence.
Cross-examined by MR. BALLNTINE. Q. When was the first time? A. Near one year back; he said that he was partner in the invention—I am not" partner with any one—I work in the same shop where Mr. Petre works—I have known the prisoner a year—I do not know his writing—he came here with Mr. Petre—he gave the money to assist Mr. Petre.
Q. What money? A. I do not know the amount—the two told me so together—they did not tell me the sum—I was alone with Mr. Petre when he told me he was a partner several times; that they had to share the money—they said that, one and the other telling the same.
Q. Will you swear that Mr. Petre ever used these words at all? A. Yes; that they were to partake the money.
COURT. Q. Have you ever known the prisoner's trade? A. I believe he was a baker; I do not know exactly the place; I believe it was in the Borough—he carried it on before I knew him—I have heard from him that he carried on that business—he did not tell me how long he carried on the business of a baker.
BLALEAU LA FONTAINE (through an interpreter). I know the prosecutor—he has told me he was in partnership with the prisoner—they have both worked at my place, at the engineering business, I think for eight or nine months—I was master of both of them.
Cross-examined by MR. BALLANTINE. Q. Do you mean you employed them at wages? A. Yes, from 1l. to 30s. a week, at my place, in Gibson-street—I am an engineer there—I do not remember Petre coming to inquire for a lost cheque—he never asked me for a cheque that he had lost—I heard nothing about it from anybody—I do my work—I know nothing about the cheque—Mr. Petre said, "I am in partnership with Mr. Ruello for one process"—when I saw Ruello I saw him doing nothing—he told me he was a baker some time ago—I do not take a baker as a working engineer—he did not work with me.
Q. Did you not tell me that the prisoner worked for you? A. No; Petre did; I did not understand that they were partners in the baking business, but for bullets—I never had any money from Ruello; I lent him money, and he paid it me back.
GUILTY . Aged 43.— Confined Six Months.
MR. CAARTEN conducted the Prosecution.
GEORGE TURNER (policeman, L 145). I was on duty at half past 2 o'clock in the morning of 2nd Nov., near the Mason's Anns public house, at the corner of China-walk, facing the Lambeth-road—it is in the parish of St. Mary's, Lambeth—while I was passing the public house, I heard the door unlocked—I was about half a dozen yards from it—I saw the prisoner come out and leave the door open, and run away—I followed, and never lost sight of him—I came up to him, when he was about 200 yards from the public house—I did not call to him, I stopped him and said, "I want you to come back with me to the Mason's Arms; I saw you come out of there, and I know you don't live there"—he said, "I know that"—I took him back to the house, and alarmed the house—I took the prisoner to the station—I
returned to the house and examined the outside, and also the inside—I saw a window which opens into China-walk; there is a urinal under that window—I examined that, and saw foot marks on it—I examined the sill of the window, and saw foot marks—I saw a billiard table inside, and foot marks on it—I am sure the prisoner is the man, that came out of that house—I saw no soul, but him—I saw him come out, and never lost sight of him.
Cross-examined by MR. RIBTON. Q. Was it a large billiard table? A. Yes; some call it a bagatelle table, or a billiard table—I do not know the difference—I mean to swear that—I do not know that I ever saw a billiard table—I do not know the difference—this public house is at the corner of China-walk, in Lambeth-road—one front is in the Lambeth-road, and the other in China-walk—the front door is facing the Lambeth-road; that was not the door that I heard unlock, it was the door that opens into China-walk—I should call that the side door—I was in China-walk on the opposite side to the house—I did not see any one else in the street, when the prisoner came out—he turned to the left into the Lambeth-road, and he deliberately crossed over the Lambeth-road—I looked at the door afterwards, and saw the key in the door—I did not take the key out of the lock—it was a large key, and a large lock—the prisoner had got about 200 yards, before I came up to him—I took his boots off, but I did not match them with the foot marks; there was no particular mark, only the foot marks and the dirt—I will swear I did not compare the boots with them—I took his boots off, because I did not know but there might be something in them.
MR. CAARTEN. Q. You were on the opposite side when you heard the key turn? A. Yes—I was going on with my back towards the house—I turned round on hearing the door, and saw the prisoner come out—I should say the street is seven or eight yards wide—there is room for one waggon to pass, and the pavement is about two or three feet wide.
GEORGE MARTER . I am potman at the Mason's Arms; it is kept by Mrs. Elizabeth Susan Calley. I fastened up the window of the club room about a quarter past 12 o'clock on the night of 2nd Nov.—it is fastened by a little bit of a latch which comes out of the bottom sash—the top sash has no fastening—you can pull the top sash down, and undo the latch, and lift up the bottom sash—the window had been shut down—about half past o'clock I was disturbed by the policeman—I went down stairs, and found the side door in China-walk open—it was unlocked—the key was in the inside of the door—there is no keyhole outside—the key had been left in the night before—I went into the club room, and found the bottom sash was up and the top one down—I saw footmarks on the place of convenience, on the window sill, and on the bagatelle board—there is a urinal under the window—by means of that, any one could get in the window—I searched the premises—I missed nothing—I found some pots in the club room which had been knocked off the table—I had left them on the second table from the window.
Cross-examined. Q. There were a great many foot marks? A. Yes—you could not see the size of the foot, only the toes: the shape of half the foot—there was only the mud left on—I do not know whether there would have been any difficulty in taking the man's shoe or boot off and comparing it—I do not know that there was exactly half a foot—if you put the boot in the mark you cannot tell—there had been a club there the night before
—there had been twenty or thirty persons—there was not more drinking than usual—I heard the policeman kicking at the door—the door was wide open when I came down—the key in the door was the usual size of a street door key.
MR. CAARTEN. Q. Was this a benefit club that was meeting there? A. It was the Odd Fellows Club—there was money paid in, and the box was kept in the club room—the box was not lost.
GUILTY . † Aged 30.— Confined Twelve Months.
ADJOURNED TO MONDAY, JAN. 1ST, 1855.