CENTRAL CRIMINAL COURT.
MOON, MAYOR. FIFTH 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, February 26th, 1855.
PRESENT—The Right Hon. the LORD MAYOR; Sir JOHN MUSGROV., Bart, Ald.; Mr. RECORDER.; Mr. Ald. FINNI.; Sir ROBEBT WALTER CARDE., Knt.; and Mr. Ald, CARTE.,
Before Mr. Recorder and the First Jury.
PLEADED GUILTY . Aged 32— Confined Three Months.
PLEADED GUILTY . Aged 41.— Confined Four Months.
MR. PAYNE. conducted the Prosecution.
THOMAS RICHARD HALL . I live at No. 15, Patriot-row, Cambridge-road, Bethnal-green. I am foreman to Messrs. Rock, wholesale manufacturing stationers in Walbrook—Mr. Henry Rock is one of the partners, the prisoners were in their employ—Hyland was an apprentice, in the leathercase making branch—Withers, I should term a labourer; it was his duty to work at a cutting machine, and other odd work—on Friday night, 26th Jan., two sample books containing valentines were given into my possession by Mr. Henry Rock; I took them into the shop on the top floor at half past 7 o'clock, and laid them on a bench at which Hyland was at work—there were about thirty or forty specimens in each book—on the Saturday morning at half past 11 o'clock, I gave those books to Mr. Gordon, the managing man down stairs in the warehouse; he instantly missed five of the valentines, and pointed it out to me; I was with him at the time, they
were worth at a rough guess, 5s.; they were a superior kind of valentine—I made some inquiries and spoke to Mr. Rock, who came into the shop, and called all hands together employed on the top floor; the two prisoners were among them—Mr. Rock then addressed the whole of us; holding the books in his hand, he stated that five valentines were stolen from these books, that they had been removed since the previous evening; he then said there was a thief among us, and would we assist him in finding it out—we all answered him, "Yes"—he then asked us to allow ourselves to be searched, which we agreed to—there were about thirty of us, some were boys—Mr. Rock directed me to examine the clothes of the boys, and while I was doing so, the witness Caroline Cray accused Hyland of having taken the valentines—I heard Mr. Rock say, "Come, Miss Cray, if you know who it is that has taken the valentines out of the books, tell me;" that was said in the prisoner's presence—she then came forward and said, "Hyland, took them out, Sir"—Mr. Rock turned round to Hyland, who was standing close by his side, and said, "Hyland, I thought you always an honest youth"—Hyland said, "Yes, Sir; I have taken one of them; I took it home last evening, this is the only time I have taken anything"—Mr. Rock then desired me and Hyland to follow him down stairs, into the counting-house—Hyland then said, "Withers has taken them out, as well as me"—Withers was not present then, he was sent for directly afterwards, and came to the counting-house—Mr. Rock said to him, "I hear, Withers, that you are concerned also in stealing these valentines"—Withers replied, "I was looking at the books and accidentally tore one of them, not with the intention of removing it to steal it, and I throw the parts of it in a waste shavings bin"—that is where the shavings are put from the cutting machine, where Withers was at work—an officer arrived that Mr. Rock had sent for, and the prisoners were both given into custody—after they were taken to the station, I accompanied Wardle the officer, to No. 5, Mape-street, Bethnal-green, the address given by Hyland at the station house; and the mother of Hyland gave us three valentines, those were three of the five that had been removed from the books—the address that Withers gave was No. 14, Griffin-street, York-road, Lambeth—I found that he had left there a fortnight—we ascertained his right address from the lady keeping that house, and went to No. 3, Boss-court, Thames-street—the key of a bed-room door was taken from Withers by the officer—that key opened a bed-room on the second floor of the house, No. 3, Boss-court, which was shown to us by the landlady as Withers' room—we there found a number of prints, I think about 100—I did not find any valentines.
Cross-examined by MR. PARRY. Q. How long has Withers been in the employment? A. About a twelvemonth—I can hardly tell you his exact employment; I generally had him at the covering machine, covering view-books—these are the valentines (produced)—the one that was torn from the book is not here—it was destroyed, according to Withers' account—we never looked for it—these are what were given us by Hyland's mother—they were fastened in the book by threads or gum—this is worth about 3s. 6d.
Cross-examined by MR. METCALFE. Q. Before Hyland said what you have stated, did not Mr. Rock say that if they told what was done there should be no prosecution? A. Not that I am aware of; I heard nothing of the sort—I cannot say exactly what Mr. Rock said to Hyland in the counting-house—I believe it was, "I am very sorry to find you engaged in it; I always looked upon you as an honest youth"—we have done so up to
the present time, with the exception of this occasion—he has been in the employment about five years—I have every reason to believe that his friends are highly respectable—his mother produced these the very instant we asked for them—I am quite certain that they had been fastened in the book—we could not use them unless they were fastened—they could not have fallen out—they must have been taken out by force—we have thousands of these valentines—we employ about thirty persons on the top floor, men, women, boys, and girls.
GEORGE CHICK . I was apprentice to Mr. Rock. On Friday, 26th Jan., I was in the top shop—I saw the two Valentine books there—I saw Withers tear a valentine from one of the books, and throw it into a shaving bin behind him—it was done so quickly that I could not see the whole of it—he was working near the book—Hyland was standing at his side at the time—he could see what he did; he was near enough to see—Withers was working near the book; so was I—at the same time I saw Hyland cut a valentine from the book with the scissors—he did not leave the shop after cutting it out; he remained there—I do not know what he did with the valentine—I mentioned it to Miss Cray.
Cross-examined by MR. PARRY. Q. What time was it that you saw this valentine torn out? A. At half past 7 o'clock in the evening—I was working at the same bench, in front of him—he did not speak to me—we were not friends—I did not speak to him—I did not know what he was going to do with the valentine—I am speaking of Hyland, not of Withers—I was friends with Withers; I am quite sure of that—it was at half past 7 o'clock in the evening that he did this—there were a great many persons in the shop besides me—if they had turned round they could have seen him—I was in front of him—I was right opposite both of them—I am a case maker, the same as Hyland—I mentioned this the same evening to Miss Cray, as I was going home with her—I keep company with her; that was how I came to mention it to her—that was after 8 o'clock—we do not leave off till 8 o'clock.
Cross-examined by MR. METCALFE. Q. About how many persons were there in the room when these were cut? A. Between twenty and thirty I should think—it is a very large room; plenty of other persons could have seen this as well as me, if they had turned round; they were working close by—the books were given to Hyland to look at by Mr. Hall, he left them on our bench; we were the only two apprentices there—they were torn out very shortly after the books were left there—Hyland did not take up the book, he cut it out as it lay on the bench before him—I was standing at the bench at the time—he must have seen mo—I then went away from that part of the shop.
MR. PAYNE. Q. Are there different benches in the shop for different persons to work at? A. Yes; and our bench comes across; I was opposite Hyland—the other persons were at the other bench; if they had turned round they could have seen him—at the time Hyland cut it out, Withers was close to him—I then went away to another part, and did not see anything more take place.
COURT. Q. What time was there between the time when you saw Withers tear one out of the book, and Hyland cut one out? A. Not a minute; it was done directly, while Mr. Hall's back was turned—I was friends with Hyland, but he was not friends with me; I had offended him somehow—we had had a quarrel, I hardly know now what it was about; it was nothing very important; I think it was chaffing or something of that sort.
CAROLINE CRAY . I live in College-street, Belvedere-road, Lambeth; I am employed at Messrs. Rock's manufactory. On Friday evening, 26th Jan., I saw Hyland cut a valentine out of the sample book—that was about half-past 7 o'clock—Withers was not near him at that time, he was in the same room; I saw Hyland put the one he had cut out on the board where he was working; he cut it out with a pair of shears—when inquiry was made about it next day, I spoke to Mr. Rock about it; I told Chick of it the same evening.
Cross-examined by MR. METCALFE. Q. Then you saw the same cutting that Chick speaks of? A. Yes; I saw him cut it out with a pair of shears, at half-past 7 o'clock; I was not near Chick at the time, I was some way off; I know he saw it at the same time.
HENRY WARDLE . (City-policeman, 6). I was called in to Mr. Rock's, about 1 o'clock on Saturday, 27th Jan.—I took the two prisoners into custody, and took them to the station—Hyland gave his address at No. 5, Mape-street, Bethnal-green—he said that he took one valentine home the over night, and if I went there I should find it—he called it his mother's place—I went there along with Mr. Hall, and the mother brought from a back loom the three valentines that have been produced—they were shown to Mr. Hall, and he recognised them—Withers gave his address, No. 14, Griffin-street, York-road, Lambeth,—from information I received there, I went to No. 3, Boss-court, Thames-street; I got into the bed-room by a key which I took from Withers' pocket—I did not find any valentines there.
COURT. to THOMAS RICHARD HALL. Q. Did you put these sample books before Hyland to look at? A. Yes; I put them on the board; I gave them him to look at, it was merely for his pleasure and amusement.
NOT GUILTY .
MR. PAYNE. conducted the Prosecution.
THOMAS RICHARD HALL . On 27th Jan., I went with Wardle, the officer, to No. 3, Boss-court, Thames-street—a bed-room door there was opened by a key which Wardle had taken from the prisoner—we there found this album, scrap book, and other goods (produced)—this album is in an unfinished state—it is altogether unfinished out of our hands—it has been torn out of its cover since it left our premises—there is no gold work round here, and this part was not glued down—a book would not be sold in such a state—the prisoner had no right to have it at his premises—this scrap book is not bound; it has no cover to it—it is what we term sewn and cut—it is not in a state to be sold; it is unfinished—the prisoner had no right to have it—here is "Rock's Illustrations of London"—that is complete—the prisoner had no right to have it—here is a piece of silver paper, which is used in the factory for the lining of books—that is never sold—here are about 100 illustrations of what we call "The Tourist's Companion"—they are sold six in a cover, in different sets—they are illustrations of all parts of England—we sell them at 6d. each number, 1d. a piece—here is a pair of shears and a pair of compasses—I know these—I missed them some months ago—we were in the habit of missing our tools without making inquiry about it—I know these shears by their having been fresh ground, shortly before they were stolen—I missed them about four months ago, a day or two after they were fresh ground—we never properly traced them from the grinder's—I made inquiry of the grinder—I had him
down, and accused him of not sending them home—they had no business at Withers', nor had any of the things—the whole of these things belong to Messrs. Rock.
Cross-examined by MR. PARRY. Q. Did you ever give "Withers leather to cut at home for any purpose? A. No; he said that I had—he accused me of giving it him to cut at the factory, not at home—he said he took it home—I saw some very small waste cuttings or trimmings of leather, but I could not swear to them, they may be got any where—I swear to the book quite positively—it is an unfinished book, in the course, of binding—these engravings had to go through the prisoner's hands to be trimmed round to our size—I do not charge the prisoner with stealing our price current; the, officer brought it here with the other property—this rent book is. one of our diaries—I charge him with stealing that—we have not charged him with it, hut it is our property—it was stolen from our firm—he has made a rent book of it—I think our selling price is half a crown a dozen, but I do not know—we only sell wholesale—I do not know that the firm would refuse, a retail customer—we should not sell a single diary of this sort—this, dirty blotting book we charge him with stealing, but not in this, dirty state—it has been used by the prisoner since it has been stolen—I have not the least doubt he stole it—I did not see him do it—it was found at his room—I did not miss it; I should be very clever to do so out of some hundreds of thousands—the prisoner stated that I had frequently ordered him to cut up leather, which I deny on oath—this book about working the telegraph is one that we published—we are one of the publishers or sellers of them—we printed that edition in our house, although it may bear the name of some body else—it was printed and sold by the firm, and by others likewise—this "Truant of Frogwell" is ours, and these panoramas—they have been handled about to make them dirty.
COURT. Q. What do you mean by that? A. They have been carried backwards and forwards to the Mansion-house—they have been made ditty by carrying them about.
MR. PARRY. Q. Did you not mean that the prisoner had handled them about to make them dirty? A. No—I mean to say they were in a clean state when we took them—we found these new and clean at his house—they have since become soiled—it was never the habit to take home engravings to be trimmed, that I am quite sure about—I am quite certain we do not allow it—the young men are allowed to buy articles through Mr. Gordon, Mr. Ince, or Mr. Pike, our three warehousemen, but never in an unfinished state—I swear to this pair of compasses—we have no mark on them—I swear to them by their general appearance—I bought two pairs only a short time previous to missing this small pair—I bought the two pairs six months ago from the present time—I swear this is one of the pain missing, I have no doubt about it—they were missing very shortly afterwards, about the time of the shears, about four months ago—they are nearly new now—I see nothing amiss with them, except being dirty—I identify the shears from having used them for some long time—I have no mark on them, but I can see they are fresh ground—they have not been used since they were ground, I mean not used for any day's; work—I will not say that nothing has been cut by them.
MR. PAYNE. Q. Were the prints that you found, damaged prints that he ought to have cut up? A. No—we have no damaged prints which hit ought to have cut up, nor anything—they are only to be trimmed round.
at the station house as No. 14, Griffin-street, York-road, Lambeth—I found that he did not live there, but from information I received there, I went to Boss-court, and got into his room with a key which I found on him—I found all these things produced in a sideboard or cupboard—I went back, and asked him why he had given me a wrong address, upon which he asked me if I had found his address—I said, "Yes"—he asked me what I had found—I told him I had found a pistol in his room—he said that it was his own—he said that the prints were waste, and he ought to have cut them up, but he took them home; that the shears a fellow workman had lost some time before, and he found them and took them home, and the compasses also—he gave no explanation of any of the other things.
Cross-examined. Q. The first address he gave you was an address where he had lived? A. Yes; he had lived there about two months previously, and had gone from there to the other address—we were between Bow-lane and the Mansion-house, when he said that he ought to have cut the prints up, and he also said so at the Mansion-house—he had not seen the prints, or any of the articles at that time—I may have dirtied the prints—you cannot carry things of that sort without dirtying them; they fell down in the Justice-room, and they were handed about there several times—when I found them they were not so dirty as they are now; some were clean and some dirty; they were all huddled together in the cupboard on three shelves—this memorandum book and the prints were on one shelf—the books were by themselves—I call this a small book, it was not among the heap, nor were these two others, they were laid on a shelf—all the loose papers were together.
NOT GUILTY .
MR. PAYNE. conducted the Prosecution.
HENRY WARDLE . (City policeman, 6). When I took Hyland into custody, he gave his address at No. 5, Mape-street, Bethnal-green, his mother's house—I went there, and on searching the front room found this map and blotting case, and four books, which Mr. Rock would not swear to—the prisoner made no statement as to how he became possessed of them.
(MR. PAYNE. stated that after the decision of the Jury in the last case he would not proceed further with the present indictment.)
NOT GUILTY .
GURNER PLEADED GUILTY . Aged 20.— Confined Three Months.
MR. BALLANTINE. conducted the Prosecution.
CHARLES MINETT . I live at No. 19, Pollard's-row, Bethnal-green, and am stationed at Newgate-market, as superintendent of the meat department of the Eastern Counties Railway. I saw a sheep pitched at the door of Mr. Perry's shop, in Newgate-market, at 3.40 in the morning—I missed it about an hour afterwards.
CHARLES MINETT, JUN . I live at 18, Warner-place, Hackney-road, and am a porter in the employ of the railway, at Newgate-market. On 15th Feb., about a quarter to 5 o'clock in the morning, I met Gurner (they call him Hoppy Bob in the market)—he had a sheep on his shoulder—I asked
him what he was going to do with it—he said, "All right"—he went up Warwick-lane, towards Newgate-street.
WILLIAM HAMPSTON . I live at No. 9, Trafalgar-street, Walworth, and am in Mr. Perry's employ. I know Peacock in the market; he works for Mr. Frost—about a quarter to 5 o'clock, on 15th Feb., I saw Gurner going along with a sheep—Charles Minett spoke to him, and he went into Warwick-lane.
EBENEZER HOY . I am a watchman, in Newgate-market. I heard about Hoppy having a sheep on his back, and made inquiries, and found that a sheep was missing—I went to Peacock's premises, in Ivy-lane, about a. quarter to 5 o'clock, knowing that they were intimately acquainted; he lived in the second floor front room—I left the officer to go up—a person going from the market would have to go into Warwick-lane to get into Ivy-lane.
Cross-examined. Q. Did you not get, the key of his room? A. No; the officer did that.
CHARLES PAYNE . (City policeman, 234). From information I received I took Gurner into custody, and afterwards, about half past 5 o'clock, from something which somebody told me, I went to Peacock's, searched the cellar, but found nothing there—I then went to Peacock, at his master's, and told him that Hoppy had stolen a sheep, and I wished to look over his room, as it was suspected that it was there—he said that I could go and look, and he went with me—he seemed rather alarmed—I went upstairs, and he followed me—his wife was in bed, and I let him go first, while I waited outside for a minute or two; he then opened the door, and told me to come in—I had got my light in my hand, and found a sheep lying just inside the door, wrapped in a cloth, with a label on—he said, "Here is one"—that was all he said.
PEACOCK— NOT GUILTY .
318. HERBERT HILL , unlawfully obtaining, by false pretences, on; 15th Jan., 11 lbs. 13 ozs. weight of mohair, value 11l. 1s. 6d.; and on 19th Jan., 13 lbs. 11 ozs. weight of mohair, value 12l. 2s. 6d.; the goods of James Thompson and others; and on 31st Jan., 1 coat, 1 waistcoat, and 1 pair of trowsers, and 1l. in money; the property of Charles Samuel and others, with intent to defraud: to which he
PLEADED GUILTY . Aged 29.— Confined Four Months.
PLEADED GUILTY. Aged 15.( Recommended to mercy by the prosecutor, who stated that the prisoner's father was in America, and that his mother had gone there also since the robbery.)—Judgment Respited.
NEW COURT.—Monday, February 26th, 1855.
PRESENT—Mr. Ald. FINNIS. Mr. Ald. CARTER. and Mr. COMMO.
Before Mr. Common Serjeant and the Fifth Jury.
PLEADED GUILTY . Aged 22.— Confined Three Months.
PLEADED GUILTY . Aged 16.— Confined Two Months.
TURNER PLEADED GUILTY . Aged 16.— Confined Twelve Month.
JOHN MOSS . I am a City policeman. In consequence of information from Mr. Rider, I went to his counting house, in Bartholomew-close, on Sunday, 4th Feb.—I found a desk broken open—I took Turner into custody at the warehouse, on Monday, 5th Feb.—he gave me an address, and I went there, and found a Cash box, which had been stolen, at Turner's lodging, at No. 2, Maidenhead-court—both Turner and Black lodge there—Black's mother keeps the house—his mother told me, previous to Black coming, that she was his mother—I waited till Black came home—I told him I was a police officer, and I must take him for being concerned with Turner in stealing a cash box from Mr. Rider—I asked him if he had the key of his box—he said, "Yes," and he gave it me—I asked him if the key had been out of his possession—he said, "No"—I found this cash box in Black's box; and these screw drivers, and the ends of the screw driven which had been broken off, I found in the desk which had been broken open—Black denied all knowledge of it, but at the station house he said, "I received 1l. from Turner, which I have spent."
JOHN WILLIAM RIDE . My premises are in Bartholomew-close—Turner was in my service—this is my cash box—it was kept in my desk, which was locked—I saw it safe on 27th Jan.—I was afterwards taken ill, and confined to my bed—I missed the cash box on 3rd Feb.—it contained some papers, 7l. in gold, and these card plates, which are mine—I had not unlocked the desk in the mean time—when I was confined to my bed I gave the key to my wife.
JOSHUA CLEWS . I am warehouseman to Mr. Rider. I locked the premises up at 8 o'clock at night, on 3rd Feb.—I locked up the whole premises—the desk was safe in the counting-house—I saw the premises again the same evening, about a quarter past 10 o'clock—the desk was then broken open—on the Monday I saw the pieces of the screw drivers found in the desk—I assisted the officer to compare them—the pieces fitted the screwdrivers exactly—I looked in the desk, and missed the cash-box—the desk had been opened by force.
ABRAHAM STONEHAM . (City policeman, 287). I was on duty on the night of this robbery—on passing the house at half past 9 o'clock, I observed the gate was not fastened as it ought to be; it was only on the thumb-latch—I rang at the front door, and informed the servant that the gate was not fastened—I went in, and found the warehouse was not fastened, and the desk was then broken open.
BLACK— GUILTY . Aged 21.— Confined Eight Months.
—I left him to fill up the receipt book—the prisoner had been a general receiver and deliverer—he had to take the things to wash, and bring them back—he was a sort of porter—on this occasion, I gave him a blue serge gown to be repaired—he made it up in a bundle, and walked away—just as he was going out of the door, I said, "How many palliasse have I given you?"—he said, "Eleven"—I said "Eleven! you must be mistaken; twenty-nine I have given you"—he said, "No, eleven, is it not, Mr. Savage?"—I said, "No"—he passed on to the van, and put the bundle in the van; and while he was doing that, I saw a piece of a rug ooze out of the bundle—I took it in my fingers, and drew it out of the bundle—I said, "Halloo, Moore, what is this?"—he said, "That is a rug I brought with me—"For what 1"I said—he said, "To keep me warm"—I said, "Look here, the plaits have not been open yet; it shall not leave my fingers, till I go and count my stock"—I went and counted the pile of rugs which were close by where he had rolled up the blue serge dress, and I found, instead of forty rugs, only thirty-eight—I had counted them two days before, and they were correct—this is the rug that I caught hold of, which he took out of the store—here is the mark of the Board of Ordnance on it—this other rug I did not find till after I had counted the number of rugs—when I missed two rugs, I went to the van and found this other rug—this has the Board of Ordnance mark on it—the prisoner did not bring any rugs into the store—I saw him go out and take this bundle, and out of it came this one rug, and the other rug I found in the van—at all events, he came without two rugs and he went away with two.
Prisoner. I brought two rugs to keep myself warm.
JOHN SCOTNEY . (police sergeant, T 18). I went to the barracks and saw the last witness and the prisoner there—the last witness said that these two rugs had been stolen from a pile that he had in his store, and he had seen Moore wrap this up in a serge gown, and stopped him with one rug, and went again to the van and found another rug—I went and saw the pile of rugs, and they corresponded exactly with these, and these were, in the fold, the same size as the others were.
COURT. to ROBERT SAVAGE. Q. Do you know whether any other barracks have such things as these? A. They have; and in some barracks they have private marks, but we have none—we take them as long as they appear serviceable—I can swear the prisoner took this one rug out of the store; it is an old one; we have some new and some old.
GUILTY. Aged 62.Recommended to mercy by the Jury and the Barrack master. — Confined Seven Days.
PLEADED GUILTY . Aged 23.— Four Years' Penal Servitude.
PLEADED GUILTY . Aged 36.— Confined Two Month.
OLD COURT.—Tuesday, February 27th, 1855.
PRESENT—Mr. Ald. KELLY. Mr. RECORDER. and Mr. Ald. FINKI.
Before Mr. Recorder and the Second Jury.
PLEADED GUILTY .** Aged 23.— Four Years' Penal Servitude.
PLEADED GUILTY . Aged 23.— Confined Three Months.
328. ANDREW DAYIS , stealing 1 pewter pot, value 1s.; the goods of Thomas Elworthy: also, 1 pewter pot, value 1s.; of William Brind: also, 1 pewter pot, value 1s.; of Robert Campbell Brown; having been before convicted: to all which he
PLEADED GUILTY . Aged 59.— Confined Twelve Month.
329. HENRY LAING , burglariously breaking and entering the dwelling house of Thomas Challis, Esq., at Enfield, and stealing therein 4 books, 1 tablecloth, 1 other cloth, 1 basket, and 1 box; his goods: and 1 box, 1 knife, 1 fork, 1 ring, 2 seals, 1 pencil case, 1 apron, and one copper coin; of Mary Ann Collins.—2nd COUNT. feloniously receiving the same: also, burglariously breaking and entering the dwelling house of Alice Ann Gossett, and stealing a pepper box, 2 books, and other articles, value 1l.; her property.—2nd COUNT. feloniously receiving the same; to which he
PLEADED GUILTY. to receiving. Aged 18.— Judgment Respited.
MR. PARRY. conducted the Prosecution.
WILLIAM BUCKLEY . I am in the employ of Harriss and Son, of Leicester, wholesale manufacturers of hosiery of all kinds. On 18th Aug. I selected 120 packages, each containing a dozen pairs of braces, to be sent to London—this paper (produced), is my delivery note from the brace department to the packing department; it is made on 18th Aug., and I have also an entry of them in my cheque book in my own writing—the numbers of the packages were consecutive from 73 to 78, and the braces were of six different prices, seventy-three were one price, seventy-four another price, and so on—twenty dozen were marked 77—I delivered them as usual, to Mr. King, the superintendent of the packing department.
Cross-examined by MR. ROBINSON. Q. I suppose you have no independent recollection of it without that paper? A. I have a very distinct recollection; I have another paper here, a letter which I received from London on the 20th—I should not have had a recollection of the matter had I not been apprized the very morning afterwards—the whole of this paper was written at one time; this red ink is a mark made in the packing department—I wrote this out on 18th Aug., and returned it to Hill—I mean to say that from the fact of my receiving this letter two days afterwards, the transaction would be impressed upon my mind for several months.
MR. PARRY. Q. Are you positive as to the number of packages being correct? A. Quite; I counted them myself—my attention being called to
it two days afterwards, enables me to remember the transaction, independent of the memorandum—I counted the dozens in each packet before I sent them to the delivery warehouse, and I remember that the goods were got up specially for the order.
WILLIAM HILL . I am a packer, in the employment of Messrs. Harriss, of Leicester. I received instructions from Mr. Buckley to pack a hamper of goods to be forwarded to Harriss, of Godfrey's-court, Milk-street, London—the direction for forwarding is on this paper—I remember receiving this delivery note (produced), from Buckley; the goods named in it were to be forwarded to Harriss's in London—I saw the braces put into the hamper; they were all put in according to that note—I sent a forwarding note to London with the hamper—I sent seven hampers that day, but only one contained braces—I sent them from the warehouse to be forwarded by the Midland Counties Railway.
Cross-examined. Q. You did not see the braces? A. Every dozen of braces went through my hands—I did not pack them up, but I saw them packed—they came into my department wrapped in paper, in a skip, a sort of truck running on wheels—they are packed in the paper in Mr. Buckley's department—I saw them packed into the hampers, and counted the whole 120 packages—I did not count any particular package to see whether there was a dozen in it—whatever I received from Mr. Buckley I put into the hamper.
THOMAS LINCOLN . I live at No. 65, Chamber-street, Goodman's-fields, and was a checker in the employ of Messrs. Pickford and Co., but have left—they have a warehouse in Haydon-square, Minories—I produce a way bill, which I made out on 19th Aug.—on that day I checked off a truck of hosiery from Leicester—among those goods there were seven entries for Harriss—the entry here is, "Harriss, Milk-street, seven hampers"—the prisoner was at that time in the employ of Messrs. Pickford.
Cross-examined. Q. Is all this in your writing? A. Yes; this red chalk is mine, made at the time of the arrival of the goods on the 19th—I left the employment the week before last—to the best of my knowledge the prisoner was in their service on 18th Aug.
JOSEPH ELSMORE . I am a clerk, in the employment of the London and North Western Railway. I loaded the prisoner's van on 19th Aug. for deliveries in various parts of London—this (produced) is my delivery book—there were seven hampers, directed in full, to Mr. Harriss—I know that from memory, and here is the entry of it—this pencil writing is mine—I made this entry, "Harriss, Godfrey's-court, Milk-street, seven hampers"—I loaded the prisoner's van with the seven hampers.
Cross-examined. Q. You do not mean to swear that you can recognise your black lead pencil tick? A. There are my initials there, and the number of his van, 333—that was put at the time I loaded the van, I swear that—this "Seaman," with "Boyd," at the top of it, is put by the clerk in the office at the time, as they are loaded, and before they go out of the shed—I swear that I recollect that the number of the van was 333—the prisoner had that van at that time—I know that, because it is put here; it would not have been put in this book if he had not had it—we always put the number of the van that a man has—the was the van that Seaman had that day.
MR. PARRY. Q. Can you state whether Seaman did or did not take out that van with the seven hampers to Mr. Harriss? A. I am sure of it, and independent of this paper—this "Seaman" and "Boyd" was written a very few minutes after I ticked this off—I reported to the clerk who wrote this, and caused it to be written.
COURT. Q. How long was it before you heard of anything being lost? A. Two or three days before we went to the Mansion-house—I attend in the shed, and the book is made out from the invoice; and as we load them we check the book, and enter the number of the van and the name of the man who drives it—I should say that there are above 100 carmen in the service.
EDWARD EDWARDS . I am in the employ of Harriss and Son, of London. On 19th Aug., we received seven hampers from the railway by Pickford and Co., one of which contained braces—this (produced) is the invoice we received from Leicester by post, on the same morning as we received the hampers—the number of the hamper was 139; 1 counted the number of packages in that hamper, and there were 119 packages of dozens, there ought to have been 120; number 77 was missing—I made a small cross in pencil against it at the time, which is here now.
Cross-examined. Q. Do you mean to say that that cross tells you that there was a dozen missing? A. If you look at the bottom of the invoice you will see another cross, and "19 dozen received"—that was done at the time I made the comparison.
COURT. Q. How were the hampers packed? A. Corded at two places in front, and a double cord from one handle to the other—they came to our premises properly corded—I observed nothing particular about them—a dozen of braces would be rather thinner than this book, and the hamper being made of wicker could possibly be wrenched open so as to extract the braces without cutting the string—each package was in paper, and there was a small paper over the top—it could not possibly have fallen out.
THOMAS HAYDON . (City policeman, 588). On Saturday night, 20th Jan., at about twenty-five minutes to 7 o'clock, I was on duty, about 100 or 120 yards from the Minories, and saw the prisoner in Church-street, stooping down at a door step tying up a white cloth; I saw him pick up an article, and put it into his inside coat pocket—it was a white handkerchief, with some tea in it—I went to the step of the door, and found about a table spoon full of tea spilled—I went and asked him where he got the tea from, he said that he bought it at the warehouse—I took him to the station, he gave his address, "Robert Seaman, 14, Peter-street, Borough"—I went there on the night of the 20th with another officer, and found in a box four pairs of braces, and three pairs of cuffs, wrapped up in this paper (produced)—I went again on the 22nd with Gale, and found a piece of a brace and other articles in a little basket, and three bundles of cigars in the bed room.
Cross-examined. Q. Were there other persons living in the house? A. Yes, the prisoner's wife's brother; and a gentleman and his wife lived in the back room, and there was a young lad in the house.
JOHN GALE . I am in the employ of the North Western Railway Company, through Messrs. Pickford. The prisoner was a carman, in their employ in Aug.—it was his duty to deliver goods in various parts of London—I went with a policeman to search his lodging on the 22nd, and found this piece of a brace and other things.
Cross-examined. Q. Did the prisoner have an accident some time since? A. I do not know; I remember his boy saying that he left his van in the street to go home, but I do not believe that it was through any accident.
WILLIAM BUCKLE . re-examined. These braces are such as I packed—the loop is patent, and I know them to be our manufacture—we have sent others to London since—I recognise this half brace, and this "77" on this paper is in my own writing.
NOT GUILTY .
MR. LILLEY. conducted the Prosecution.
JOHN THOMAS FOX . I am a shoe manufacturer, of No. 26, Slater-street, Spitalfields. On "Wednesday night, 7th Feb., I Was returning home, and when I was within two yards of my own door two men suddenly sprang on me behind, pulled my head back, and put something over my mouth and nose—they tried to choke me, by putting their hands on my throat and pulling me back—they then put their knees against the small of my loins, put one hand over my mouth, and another over my throat, and tried to get me down—I was too strong for them, and loosened myself a little—I then saw the prisoner on the opposite side of the way—he ran across to me, and said to the man that was holding me, "Shove your thumb into his throat, you b——"—the prisoner then laid hold of my throat in front and pressed his thumbs into my windpipe, took my gold watch and chain out of my left hand waistcoat pocket; and then the men behind and the prisoner let me go at the same time, and they all ran away—I followed the prisoner the length of the street, but he got off—the other men took an opposite direction—I could not follow the prisoner any farther, because he hurt me so in the throat—I could not halloo, I only ran after him—I am sure he is the man who took my watch; I have seen him many times about the neighbourhood—I gave information to the police, and a description of the prisoner—I could see him by the gas light—he came in front of me—the gas light was within seven feet.
Cross-examined by MR. RIBTON. Q. You told all this story before the Magistrate? A. Yes—I have not been repeating it since, only in my own mind—I did so, because I wished to repeat the same as I repeated there, honest and just—I had been out spending the evening at my sister's, at Limehouse—it was not an evening party, only an accidental visit—there was only her husband and myself there—I only had a glass of ale after supper—I did not go into any house after supper, I walked straight home—the whole of the transaction lasted about two minutes—the prisoner was not more than one minute when he got my watch—the policeman afterwards came and told me that he had got the man in custody who had robbed me—that was on Friday night, and this happened on Wednesday night—I went to the station, and he was called out by some policeman there—he came out with another one, for me to identify him—I think he came out by himself—the policeman had told me before, that he had brought me there to identify the man who had robbed me, and I identified him immediately—I said that I was sure he was the man, I knew him as well as I know my own brother—of course it put me out of the way at the time, but I was not excited—if it had not been for the prisoner, I should have been able to get away from the other two—I was alarmed for the minute until I extricated myself, and then my excitement passed away for the minute, and I saw the prisoner before me.
MR. LILLEY. Q. You say that something was put over your mouth and nose; have you any idea what it was? A. It was something wet.
COURT. Q. What opportunities have you had of seeing the prisoner? A. Sometimes I met him in Brick-lane, sometimes in Whitechapel; but I never spoke to the man in my life; I merely noticed him with bad characters—I cannot say how long I have known him, but some months, I am certain—it may be four, five, or six months; I should think it is six months.
JOHN JACKSON . (policeman, H 59). On Thursday morning, 8th Feb., between 2 and 3 o'clock, I received information from the last witness; he had been to the station, and was sent to me on my beat, in Fleur-de-lis-street, Spitalfields—he gave me a description of a person, but I had already taken the prisoner for attempting to pick pockets at a fire on Friday morning, and he was then in custody—on Friday morning the inspector sent for Mr. Fox to the station, in consequence of information which I had received from him—I had communicated to my superiors the description he had given of the man—the prisoner was shown to Mr. Fox in the presence of another man, who was in custody at the station—the prisoner was locked up in a cell, but the other prisoner was not; I unlocked the cell myself brought him out, and asked Mr. Fox if he was the man, in the presence of the other prisoner—he looked at him for a moment or two, and said, "That is the man."
MR. RIBTON. called
JOHN RUSSELL . I am in the Woolwich Artillery. On 7th Feb. I was at a house with the prisoner—I recollect the day; I believe it was Wednesday, but am not sure—I was not present when he was taken, I heard of it the day afterwards; I received a letter to that effect—I had been sleeping in the same bed with him for four nights, from Feb. 4th to Feb. 8th—I do not recollect the day of the week that I first slept with him, but am sure I slept with him those four nights; the 4th, 5th, 6th, and 7th, and on the 8th I left there—the last night I slept with him was the 7th—it was at No. 7, Keate-street, Whitechapel—I had been with him the whole of the forenoon, and part of the afternoon, and I took supper with him in the house—I think it was Wednesday night that I last slept with him—it was the 7th—I am sure of that, because I had to go to Woolwich Barracks on the 8th, and that makes me recollect it; I had a pass to that effect—I had my supper at 7 o'clock, and went to bed at 9 o'clock, and the prisoner went to bed at the same time—I got up in the morning, between 7 and 8 o'clock, because I had only a pass till 9 o'clock, and I had to return to barracks, and had to clean my military clothes to return in a respectable manner—I left the prisoner in bed—I was going that day to Woolwich, and I did go at 9 o'clock in the morning.
Cross-examined by MR. LILLEY. Q. When did your furlough commence? A. I have not had a furlough; I had a pass from 8 o'clock on such a day, till half a dozen days afterwards—I received that pass on 3rd Feb.; I am not certain what day of the week that was—I did not come to London as soon as I received it; I went to Brighton, remained there that evening, and came up on the 4th, as I suppose, about 10 o'clock in the morning—I reached London at 10 o'clock—I came from the Eastern Counties train.
Q. What, from Brighton? A. I cannot say what train I came by—excuse me, Sir, I do not understand these trains very well, but I can assure you that I came to London at 10 o'clock on 4th Feb.—I suppose it was somewhere about half past 9 o'clock when the train left Brighton—I do not persist in saying that—I have told you that I cannot tell you the particular time—I did not take particular notice of what time the train was
to start—I am sure I was at Brighton on the 3rd, and In London on the 4th—at Brighton I went to Essex-street—I do not know whether that is near the Pavilion—you have got an opportunity of travelling and I have not—I perhaps get a day's pass once in twelve months, and you have one every day—I slept at Mrs. Rogers's, No. 40, Essex-street—that was on the night of the 3rd—I dare say I recollect what time I got down to Brighton on the 3rd—it was between the hours of 4 and 5; I must have left London before that, about 4 o'clock—I did not take particular notice how long it took to go to Brighton, there are so many stations to stop at—I cannot tell what stations I stopped at, nor can I tell what stations I stopped at coming back from Brighton to London, I did not take any notice—I know the station I started from to go to Brighton, but as I am not acquainted with the place I cannot tell you the certain name of the street, I mean in Brighton.
COURT. Q. Tell us which station you went from. A. I went from just opposite my barracks, just round by the Canterbury-road, to go to Brighton. Q. Do you mean to say that you paid your fare from the station opposite your barracks? A. It is somewhere near our barracks, round the corner you call it—I have not been drinking—I did not go to London first—I went from Woolwich.
MR. LILLEY. Q. What were did you pay? A. That is very difficult for me to say, soldier's pay is so frivolous—suppose I do not remember the fare—you see, soldiers, when they have got a bit of money, they do not remember it—I went by the second class, I could not raise enough to go by the first—I went to No. 7, Keate-street, Whitechapel, on 4th Feb., 1855—I know that because I experienced it—I slept there on the 5th, and on the 6th and 7th—the nights that I slept there the prisoner slept there—upon my soul I did not measure the room we slept in—I should say that it must be about 24 feet by 12—I did not say that there were two beds in it—I dare say there were four or five beds in it—they were not all occupied—I should say for a certainty that there were four or five occupied out of I do not say how many, but when I was there I looked on the wall, and the words, "Licensed, six beds," were there, and I think there were five beds occupied—I went to bed at 9 o'clock on the night of the 7th—I had been enjoying myself all day—I do not think that taking liquor is refreshment—I had not taken any that morning, merely what I am generally used to, a pint of porter at dinner—I think I had a little cheese with my supper, but I had nothing to drink, only a drop of water—excepting the pint of beer, I had nothing during the day but my general meals—I deliberately state that I had nothing that day but the pint of porter—I had no spirits, or beer or ale—I slept when I went to bed, though I had cheese for supper—I went to bed on purpose to sleep—I awoke next morning between the hours of 7 and 8 o'clock, and got up to go to my quarters, or I should be put in the guard-house—I took a second class train from London-bridge to go to my barracks—I got there from Whitechapel on foot—I could not afford to pay the bus—when I left the prisoner in bed he was sleeping—I had to be at Woolwich at 9 o'clock—I have been in the Artillery since 6th March, 1854—I belong to the 7th battalion.
MR. RIBTON. Q. Was it the first time that you had been at Brighton? A. No; I had been four or five times before—I had gone before from Woolwich, the same way that I went on the 3rd; I cannot say whether by the same train—I paid my fare for Brighton at Woolwich.
Q. About what time of the day did you leave Woolwich for Brighton?
A. We generally have our pass at 4 o'clock—the pass was from the 3rd to the 8th—I had not been drinking before I left for Brighton—I have not any relations at Brighton, but I have what we term friends—Mrs. Rogers, of No. 40, Essex-street, is not a relation of mine; she is what I term a friend—I am sure I slept there on the night of the 3rd, and left next day—. when I left Brighton and came to London, I believe the station I arrived at was Houndsditch, or Shoreditch, or somewhere.
COURT. Q. Not the London-bridge station? A. No; I think it was Houndsditch—I do not know whether it was the London-bridge station or not; it does not matter to me; it might be, or it might not—I have come from Brighton to London before, but I never took general notice, the first omnibus I came to I used to step into, and drive off where I wanted—I have come from Brighton to London four or five times before—I cannot say whether I always came to the same station—I took the first omnibus I met, and drove to the quarter I wanted—on the day I arrived in London, the 4th, I went straight to Keate-street—I took the omnibus to Whitechapel from the station that I landed at—I mean to say that the omnibus I took at the station took me to Whitechapel.
MR. RIBTON. Q. Have you ever been at Gravesend? A. I do not think I have; I have not that I am aware of—the Woolwich station is by the Royal Arsenal—I do not know whether it is the Blackwall line or not; but it is the same line as I generally went to the Royal Arsenal by—I am quite sure that on the nights of the 4th, 5th, 6th, and 7th, I slept at No. 7, Keate-street; Mrs. Rogersis the landlady of it—she is a sister of the Mrs. Rogers, the landlady at Brighton—I had never before that slept at Mrs. Rogers's, in Keate-street—supposing there are half a dozen sisters, one can live at Birmingham, and one at another place, still they would all be sisters.
COURT. Q. You are in a position of serious peril, take care; do You mean that two sisters married two Mr. Rogers's? A. I did not say anything of the sort—I do not know whether they are married or unmarried—I cannot account for there being two sisters both named Mrs. Rogers.
MR. RIBTON. Q. How do you know that they are related at all? A. The first time that I enlisted, Brighton being a very magnificent place, I went down to view it, and called on this Mrs. Rogers, in Essex-street, and stayed a few days, and got acquainted, and they told me to call at Mrs. Rogers's, in Keate-street, and in consequence I went—the sister, or the person at Brighton, told me that they were sisters.
COURT. Q. This is a licensed lodging house in Keate-street? A. Well, I saw the license on the wall—there were six beds according to my calculation—I did not notice any other rooms besides where the beds are—I went over to the dining rooms to get my meals—I got my supper that night in the lower room, kitchen, or parlour, or which you like—I mean to say that I got my supper in the kitchen, the mistress of the house was present—four other persons slept in the room besides myself; I knew none of them except the prisoner—I did not want to know them, because I was a stranger there—I have one pass in twelve months—it is in writing—when it is done with I return it, or else I could not get into the barracks—I have had to get a pass yesterday and to-day, and have got one in my pocket now (producing it)—I went to bed at 9 o'clock, because I had to do very fatiguing duty next day; because, being on pass, they put me on extra duty next day.
MARY ROGER . I live at No. 7, Keate-street, Spitalfields—I am the landlady of the house—I know John Russell, the soldier—he slept at my house in the present month for three nights; they were Monday, Tuesday,
and Wednesday nights, and on Thursday he left at 4 o'clock to join his regiment, at Woolwich—I know the prisoner; he was sleeping in my house on the Wednesday night, the 7th—I do not recollect when he was apprehended by the police; the Wednesday was the last night the soldier slept there—the prisoner was at home that night—I saw them both together; they took supper together at about 7 o'clock; I got it, and cooked it for them—they went to bed at 9 o'clock, as near as I can recollect—I gave them a candle to go up to bed, and another young man named John Brown went up to bed with them; they slept in the same room—Brown is not here—that was the first occasion on which the soldier had slept at my house—I have a sister-in-law living at Brighton; her name is Rogers—she lives at No. 40, Essex-street, Brighton.
Cross-examined. Q. How long have you lived at No, 7, Keate-street? A. I have lived there nine years, and two years in Lower Keate-street.
COURT. Q. You say he slept there on Wednesday, 7th? A. He did; he slept there for three nights before that—I am speaking of the soldier; he came on the Monday—the prisoner has slept there for a long time—he has lodged with me four years.
MR. LILLEY. Q. You had not known the soldier before? A. Not till Monday evening—he slept there three nights; Monday, Tuesday, and Wednesday, and on Thursday, at 4 o'clock, he left my house to go to his barracks, at Woolwich—he did not sleep there on the Sunday—I have known the prisoner six or seven years—he has lodged with me four years, as near as I can tell—I am licensed for thirteen beds—there were six beds in the room occupied by the soldier and the prisoner—they were all six occupied on the Wednesday night; it is the one pair room—some of the persons sleeping there were strangers and some not—one was James Shillingsworth, John Brown, Russell, and the prisoner; I do not know the names of the other two—it was at 4 o'clock, on Thursday afternoon, that the soldier left to go to his barracks—I remember that the prisoner slept there on Wednesday, the 7th, by its being the night before the soldier went, and he came to spend an hour or two with the prisoner, before he went to join his regiment—they took supper together, and went to bed at 9 o'clook—the soldier came on Monday, about 5 o'clock in the afternoon; he was not there at all on Sunday—I saw him and the prisoner in company together all the day on the Tuesday and Wednesday; it was on the Wednesday evening that they spent a few hours together—they were in each other's company for the three days the soldier was there—they became acquainted by being in the place together, and taking their meals together—I have no reason for saying that the prisoner slept there on the Wednesday night, except that he was accustomed to sleep there—I gave him a candle at the foot of the stairs—I did that every nights-Russell, Adams, and Brown went up stairs together—there were no other persons in the other beds at that time—they were the only persons there at that hour—I have kept a lodging house eleven years—I never had any complaints made against me; none whatever—no officer or any gentleman can come forward to say so—I have never had any complaints made as to the character of the persons who lodge at my house—the prisoner and the soldier had coffee for their break. fast, and tea in the afternoon, and I cooked them a beef steak for their supper at 7 o'clock—they had a pot of ale with their supper—I did not take any part of it—there is no one else here to-day who slept in the room—Shillingsworth and Brown are not here; they are still lodging with me—I do not know where they are—my attention was not drawn to this evening
in particular, until I heard the prisoner was taken—I went to go before the Magistrate, but I was not allowed to go in—I went to Worship-street; the prisoner sent for me to go there, when he was taken up.
COURT. Q. What do you mean by not being allowed to go in? A. I was not called in—I told the policeman that I was there waiting, and I was not called in—I sent word that I was there to go in if I was wanted—I told the policeman that I was there to say what time the prisoner came to his bed—I told him I was there for the purpose of giving evidence, but I was not called in—I am sure I said that—I told the policeman that I was there for the purpose of giving evidence on behalf of the prisoner—I said I came to say the time the prisoner went to his bed, and I was not called in—I do not say I was refused admittance to the police office—I was not called, and I was outside—I did not go in, only into the little waiting room where the witnesses stop—I did not go into the public Court—I did not try to go in—I do not know what prevented me from going in—nothing prevented me; I was in the waiting room, to be called.
MR. LILLEY. Q. Then you did not go in? A. I did not—Russell was not there—the police frequently come to my house of a night to ask if any one is there, and that same night the policeman came and asked me for two persons, and I told them they were not there—there have been no complaints made to my knowledge—my sister-in-law, at Brighton, keeps a private house—she goes out charing—her husband and my husband were brothers—her husband is not living, nor is mine.
MR. RIBTON. Q. You have been nine years keeping this house; have you had a licence all that time? A. No, not all the time; I have had the licence since the common lodging-houses have been licensed—the police have visited my house at all hours of the day and night, but I was never summoned, nor ever had any complaint—there were six beds in the room where the prisoner and the soldier slept—they were all occupied—one other person went up to bed with the prisoner and the soldier—the others did not come in till o'clock in the morning, that is Shillingsworth and the other—I am positive about the day of the week that the soldier came to my house first—I do not know what day the prisoner was apprehended—I was sent for on the Friday morning—a young woman came to me, who saw the prisoner going along with the policeman—that was about o'clock in the morning—I went to the police court—I am certain that the soldier went away at o'clock on the Thursday—I am quite sure that it was on the night before that the soldier and the prisoner had supper together—they had supped together on other nights—I do not recollect what they had for supper on each night, because I only cooked their supper on the Wednesday night—they might have had cheese for supper, but I did not take that notice except the time I cooked their supper—this was the only night I cooked for them—I swear that I went to the police office to state the time the prisoner went to bed.
COURT. Q. What time did he go to bed on the Tuesday night? A. I cannot say; near about o'clock, that is the time I close my house—he went to bed on Tuesday night about o'clock, between and o'clock—he was not in on Thursday night—I cannot say exactly what time he went to bed on Monday night, but he was in before I closed the house—I took notice of the Wednesday night on account of his being in bed with the soldier, Russell, who said he felt himself very unwell, and wished to go to bed—it was then o'clock, and the prisoner went up with him—Brown went out to his father's this morning, to go to his work, before I came away
—he worked as a cabinet maker, at No. 3, Crown-court, Spitalfields—he has lodged at my house these four years—he knows the prisoner very well—they slept in separate beds—I am sure it was 4 o'clock in the afternoon when the soldier left my house; it was not between 7 and 8 o'clock in the morning—I am sure he did not sleep at my house on the Sunday.
GUILTY .* Aged 25.— Six Years' Penal Servitude.
PLEADED GUILTY. Aged 19.— Judgment Respited.
MR. RIBTON. conducted the Prosecution.
CHARLES COUSINS . I know the prisoner. In June, 1854,1 entered into partnership with him; I supplied the capital, 300l., at first—he did not put any capital into the concern; he introduced the printing apparatus, the type and presses—the terms appear in the partnership deed, as far as I know (the partnership deed, dated 5th June, 1854, was here put in)—in addition to the agreement contained in the deed, it was agreed that whatever articles of printing he had on his premises were to be used for the purposes of the partnership—I have had letters from him, which I think will convey the idea—no document was drawn up about that—(MR. BALLANTINE., for the prisoner, objected to this evidence on the ground that no verbal agreement could alter the effect of the deed The COURT. considered that evidence could not be given of anything that varied the deed, or that qualified it, because it would speak for itself; but that a subsequent agreement, inconsistent with the deed, could not be affected by it, and could, therefore, be given in evidence.)
MR. BALLANTINE. Q. The arrangements made with reference to the printing presses were by letter? A. By word of mouth; they were the subject of correspondence before, but not afterwards—they were not ultimately entered into a book; never—I swear that—I do not say that the result was not at all entered, there are remarks connected with it entered into this book (produced).
MR. RIBTON. Q. "Was there a verbal arrangement between you and the prisoner in reference to the stock and machinery on his premises, that whatever he had was to be used for the purposes of the partnership? A. The exact words were not reduced to writing, the substance was—it is partly to be found in this book, and partly in a letter to me, before the partnership; it is in the prisoner's writing—I believe the solicitor has got the letter—(MR. BALLANTINE. objected to this letter being read, it being written before the partnership deed, and to verbal evidence being given of the agreement with reference to the stock, that being in the book).
MR. RIBTON. Q. Was the verbal agreement between you subsequent to the writing of that letter? A. Yes, and it was partially entered in this book (The COURT. declined to admit the evidence)—the partnership was entered into on 5th June, and that day, or the next, I gave the prisoner a cheque for 45l.—he asked me for it to pay for an Albion press, which he had purchased of Messrs. Caslon and Co.; this is the cheque (This was dated 6th June, 1854, on the London and Westminster Bank, for 45l., and signed, "Kirkaldy and Cousins")—on 24th June I gave him a cheque for 25l. and on 1st July one for 20l.—I asked him subsequently the way in which the three cheques had been expended—this (produced) is the account he gave
me—I find here 40l. 10s. charged for the Albion press; he debits the partnership with that amount—he gave me this invoice (produced) at the same time (This was for a second and Albion press, bought of Caslon and Co., of No. 22, Chiswell-street, for 45l.; signed, "Henry Caslon and Co")—this is the original account the prisoner brought me; it is in his writing—the printing was carried on at his premises at Tower-hill; the publishing house was No. 20, Paternoster-row—my attention was afterwards drawn to the invoice in Jan.—the undertaking did not turn out successful—more than 300l. was expended—there has been no division of profits.
Cross-examined by MR. BALLANTINE. Q. You knew nothing at all of the business? A. Not as a printer—it was not broken up until after the prisoner became bankrupt—he has complained of my making false entries in the books; they are in Court—I entered a sum of 10l. 14s. as paid by me to Mr. Blake—it was paid by me—I do not mean that it had been paid by me at the time I entered it—I entered it when he brought in an amount, the commission on which amounted to it—Blake had not, in point of feet, received more than 5l. at the time I entered it—it is a false entry, as far as the date is concerned.
Q. It is crediting yourself with 10l. 14s. when you had only paid him 5l.? A. I only paid him 5l. on that day; the prisoner did not find it out before—I had not received money from the bank to pay him that; I had not drawn money to pay Blake at the time I made the entry—I swear that—I drew it on 21st Oct., 3l. 15s. 6d.—the date of the false entry is Nov. 4 th—I did not enter the 10l. as being paid to him; he brought in orders to that amount—I paid him part on that day, and the remainder in four weeks—I entered the 10l. as though the money had been all paid on that day—there is an entry also of a bill of 32l. 1s. 6d.; that is a perfectly true entry—it is entered as having been paid by me—there has not been a sum of 60l. obtained from Mr. Flight; I will swear that it was only 40l.; bills were given for 60l.; 40l. was obtained in cash, and the remainder in the premiums on a policy upon my life—I entered 40l. as having been obtained and applied the remainder, 20l., to the insurance upon my life—the amount of my policy was not entered in the books at all—that money was not raised for my own benefit—I did not pay for some matters connected with houses of mine; it was out of money I received that day from him; but I received both on the same day—my life was insured, but the premiums were not paid at that time—the prisoner bought a press of Mr. Watts—I do not know that the presses used in our business were bought of Ullmer and Watts—I have not the least doubt that the press used was one purchased of Watts—I have no doubt whatever that he gave a larger sum to Watts than he charged to Watts—I know that the types were purchased of Mr. Chambers—I do not know that he charged more than he charged to the account; he charged less—Mr. Chambers is here—it is entered to Mr. Chambers at 17l. 8s. for 130 lbs. of type.
MR. RIBTON. Q. With respect to the 10l. 12s. paid to Blake, what was it for? A. For commission on advertisements at 20 per cent.—I did not pay it to him in one sum—the first sum was perhaps about 5l. not by cheque—10l. 14s. was due to him, he brought me an account to that effect, and I paid him about 5l.—the balance extended over a period of three or four weeks—it has been paid—the entry of 32l. 1s. 6d. is because when the first bill to Mr. Flight became due I had no money to pay it, and was obliged to borrow money to pay it—the bill was 31l. 9s., and the expenses, 11s.—the bill was drawn by the prisoner, accepted by me, and 40i. was entered to
the partners—Mr. Flight is a bill discounter, and charges rather a high rate—it was drawn, in his presence, on Sept. 28th—that money was appropriated to the purposes of the firm—both bills have been paid—the prisoner has not purchased any press since the partnership—the press he refers to was one he purchased in May, 1844, ten years previous to the partnership—it is part of the stock he had on the premises at the time the agreement was entered into—he purchased the type of Mr. Chambers since the partnership was entered into—it was in July, 1843—I paid 2s. 8d. per 1b. for it, and on the receipt it was charged 4s.
THOMAS JACKSON THORNLE . I am clerk to Caslon and Co.—there are two partners in the concern—I am acquainted with the writing of both partners—there is no clerk in the establishment who would sign their name without signing his own name additional—this is not the writing of either of the partners.
COURT. Q. Are they alive and well? A. I have not seen them these two days, but have no reason to think they are not.
MR. RIBTON. Q. Have you examined the books of Caslon and Co. of June, 1854? A. I have, and so have the partners; but I have not found any entry in that month of the sale of an Albion press—I have searched for seven years back—I do not manage the business—I am collector and town traveller.
Cross-examined by MR. BALLANTINE. Q. Has the prisoner ever dealt with you? A. Yes, not very largely.
MR. RIBTON. Q. Do you know when he last dealt with you? A. No—he has paid me money; I will not say within the last two years, but under three.
Cross-examined. Q. What is it? A. A cheque drawn by the firm on the firm balance.
JOSEPH HUGGETT . (policeman). I took the prisoner on 27th June, and told him I charged him with obtaining two sums of money from Mr. Cousin, by the production of forged receipts—he said that he had no intention of fraud, and if Mr. Cousins would wait a short time, everything should be satisfactory to him.—(See New Court, Thursday.)
NOT GUILTY .
NEW COURT.—Tuesday, February 27th, 1855.
PRESENT—Sir JOHN MUSGROV., Bart.; Mr. Ald. FINNIS. Mr. Ald.
CARTE.; and Mr. COMMON SERJEAN.
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY . Aged 16.— Confined Nine Months.
MESSRS. ELLIS. and POLAND. conducted the Prosecution.
the prisoner came with another man—there were two females there, and they sat down in that box—the prisoner called for coffee, eggs, and bacon—when he came to pay me he gave me a 2s. piece first—when I told him they came to 3s. 8 1/2 d. he gave me half a crown more—the 2s. piece was good, the half crown was bad—I bit it and marked it with my teeth—I returned it to him—he said if it was bad it was shoved into him, and he gave me two shillings and a sixpence in good money—he afterwards called for some ale and gin—I told him I would get them for him if he would give me the money—he gave me a good half crown, and I paid for the gin and ale, and gave him a shilling change—the prisoner afterwards ordered some more bacon and eggs, and other things—they came to half a crown, and he gave me another half crown—I found that was a bad one—I am quite sure it was not the one that I had returned to him, it was another one—finding that was bad I went for a policeman, and when I came back the prisoner was gone—I found him in custody of a policeman at the Bells public house, close by—I gave the second bad half crown which I had received from the prisoner, to the policeman—I have not seen the first half crown that I bit and returned to the prisoner since.
Prisoner. I believe you stated that those women were prostitutes Witness. I did not state they were—they were sitting down—I do not know what my customers are—I keep my house open all night—I have beds to let—you were not intoxicated—you pretended to be.
WILLIAM SEABROOK . My father keeps the Two Bells, in High-street, Whitechapel. On 17th Feb. I saw the prisoner at my father's between 8 and 9 o'clock—he called for half a pint of gin and a biscuit—it came to 9d.—he gave me a good shilling—there was a man and a woman with him—the prisoner did not drink any of that gin—the two men then went into the taproom (we do not allow women to go into the taproom)—another man came out with them—the prisoner called for half a quartern of gin, and he offered a bad half 'crown—I saw it was bad, and told him so, and he took two more bad half crowns out of his pocket and threw them on the counter—the other half crown was lying on the counter—I took charge of them all three—the policeman came, and I gave the prisoner into custody.
Prisoner. Q. When I chucked down the two half crowns what did I say? A. You asked me to test them—I did not hear any one call out, "Put them in the fire"—the young woman told you to go away or you would be locked up, and you said you had done nothing wrong, and would not move.
CHARLES HUSSEY . (police-sergeant, H 6). I took the prisoner; I produce the three half crowns which I got from the last witness—the prisoner said while he was in front of the bar, that he put down the two half crowns, as that was all the money he had about him—I searched him and found on him two bad crown pieces—he said he got change for a sovereign at a coffee house-in Whitechapel; he did not say where.
Prisoner. Q. Did you see Mr. Peacock? A. Yes: he said there were six or seven, or it might be eight sovereigns, changed there on the Saturday night, but he could not tell who changed them—I searched you at the station—you did not give me the two crowns—you gave me and piece.
JOHN BONE . (policeman, H 122). I produce a half crown which I received from Mr. Upson—I assisted in taking the prisoner to the station—in going a long I asked him where he got this money from—he said be changed a sovereign at the Leopard coffee shop in Whitechapel, that is the shop kept by the first witness.
WILLIAM WEBSTER . I am inspector of coins to the Royal Mint This half crown passed to Mr. Upson is bad—these two crowns are bad, and from the same mould—the other three half crowns are bad, and one of them is from the same mould as the first.
Prisoner's Defence. I went to work, and received two sovereigns from Mr. Edmonds, the foreman; I came down Whitechapel, and went to Mr. Seabrook's, and changed one; I got to drinking, and was about the neighbourhood all day; by some means I got in the coffee shop; I had no sooner got in than a female came in and asked if I could give her change for a 5s. piece; I gave her change, and the other sovereign slipped through my fingers; I said I would get change for that for fear I should lose it; she went and took the sovereign, and brought the change in a paper; I could not distinguish good money from bad; I had my pocket picked; I was robbed of all that I had by the women; they wanted me to go upstairs with them; is it likely that after giving one bad half crown I would offer him another?—in order to get rid of the women, I came out of the place and went to the Bells, and gave them half a pint of sin to get rid of them; I went in the taproom with the intention of examining my money, and there was a man there that I knew, and I came out to give him half a quartern of gin; I gave a half crown, and they said it was bad, I chucked out all the money I had in my pocket; I said, "Is it good or bad," and some one called out, "Put them in the fire;" I said I would not go away, I had done nothing wrong; I have worked for twenty-two years, and never was in prison, or had a key turned on me; I have a large family; the only fault I committed was I got a little drunk; I have been confined since last Tuesday week; I have suffered enough for my folly, but as to anything criminal, I know nothing of it.
(The prisoner received a good character.)
NOT GUILTY .
MESSRS. ELLIS. and POLAND. conducted the Prosecution.
WILLIAM BARNE . I am the conductor of an omnibus. On Sunday evening, 28th Jan., the prisoner got outside my omnibus and rode to Cornhill, he got down there—the fare was 2d.—he gave me a half crown, and asked for change—I took 2s. out of my right hand pocket and gave it him, and 4d.—I had the half crown in my left hand, which had a glove on—directly the prisoner went away I took the half crown from my left hand to my right hand, and found it was bad—when we got over the water, I showed it to a constable where we stopped—I had not mixed it with other money—I put it in my left hand pocket, where I never carry any money—I should know it again, there is a little piece off the edge where I bit it—this is it (produced).
Prisoner. When I got off your omnibus, what were we having conversation about? Witness. I was letting out the passengers—I said nothing to you about a fight—you wanted to lay six to four, and I said I would have nothing to do with it—you put the half crown in my left hand—I did not say that I knew it was bad the moment I had it—I saw you on the Monday, I did not give you in charge—I was persuaded not to do so.
MR. POLAND. Q. When did you see him in custody? A. On the Wednesday—I am sure he is the man—we pass his door eighteen times a day.
THOMAS STEVENS . I am a conductor of a Wellington omnibus. On 30th Jan., the prisoner rode on my omnibus; he got up near Sun-street in Bishopsgate, and rode to Shoreditch, nearly a quarter of a mile—the fare was 2d., he offered me a half crown in payment—I asked him if he had nothing less, he said, "No"—I found the half crown was bad—I gave the prisoner into custody, and gave the half crown to the officer.
RICHARD SLAUGHTER . (policeman, A 411). I took the prisoner into custody on Tuesday night, 30th Jan., the last witness gave me this half crown—this other half crown I got from the first witness at the Police Court.
Prisoner's Defence. The first witness swears false; if he knew it was bad, he saw me on Monday and on Tuesday, and why not give me in charge?.
GUILTY . Aged 31.— Confined Nine Months.
MESSRS. ELLIS. and POLAND. conducted the Prosecution.
WILLIAM MEWITT TOLHURST . I keep the Kennett Ale Stores, in Crown-street, Finsbury. On 26th Jan. the prisoner came with a female, from 8 to 9 o'clock in the evening, about the busiest time—he asked for a pint of beer, I served him, and he gave me in payment a half crown—I gave him 2s. 4 1/2 d. change, and put the half crown in the till—I did not notice the state of the till at that time, but after I gave the prisoner the change he left, and I had suspicion of him because he left some beer in the pot—I examined the till momentarily, and there was only one half crown in it, and that was bad—I had not put any other money in the till after he gave me the half crown—I bit the half crown and marked it, and I directly sent two men after the prisoner—he said he lived in the alley close by, a door or two off—I did not Bee him again that night—on Tuesday, 6th Feb., he came to my house again—I knew him directly—Tate was there, and he said, "That is the man that paid you the half crown"—I said, "Hold your noise"—the prisoner called for a pint of beer, I served him, and he paid me 1 1/2 d.—while he was there the same woman came in who was with him on the first occasion—he represented her to be his wife—he ordered a glass of the best ale for her, and he gave me a half crown, which was bad—I broke it in three pieces, and said it was a bad one—he said he bad just taken change for half a sovereign, and he made a grab, and took the biggest of the three pieces—I took the two smaller pieces, and sent for an officer, and gave him into custody—I gave the officer the two pieces of the second half crown and the first half crown.
Prisoner. I came in and paid you for what I had in copper; I afterwards had a glass of ale; I had not enough to pay you, and I put down a half crown, but you was not there. Witness. Yes, I was there—when I broke it you did not take two pieces and give them to the policeman—I did not find that the first half crown was bad till you were gone—I gave it to the policeman when I gave you in charge.
Prisoner. I believe this is the man that drew the beer and that I gave the half crown to.
me this half crown and these two pieces—I have a third piece, which I got from the prisoner—he had it in his hand, and refused to give it me—I took it from him—he said if it had not been for the woman he should not have had this—I searched him, and found a good sixpence on him—he was sober at the time.
Prisoner. I gave you two pieces. Witness. No you did not—I took the one piece from you—the witness did not say you had it in your pocket.
Prisoner's Defence. I am as innocent as a child; I never was in his house but once in my life; the time he says I was in his house the first time I was down in the country; the woman that was with me was not my wife at all; I have a wife and three children.
GUILTY . Aged 25.— Confined Nine Months.
WILLIS PLEADED GUILTY . Aged 35.— Confined Twelve Months.
MESSRS. BODKIN. and POLAND. conducted the Prosecution.
GEORGE CULLUM MARCHANT . I am a draper, at Hoxton. Willis came to my shop on Monday 12th Feb about 9 o'clock in the evening—the shop was just shut up; he knocked at the door, and I let him in—he asked for two shirt fronts—I took down the box, and showed them to him—he agreed for two for 1s. 6d.—he put down a sovereign; I took it up, and rung it; I found it good—I was about to give him change, when a second knock came at the door, and Watson came in, and said, "I want some coat buttons"—I desired my young woman to show him some—he came up quite close against Willis, and I heard something drop like money—I felt suspicious about them, and refused to serve them.) I told them both to leave my shop—they went outside together—I said I would follow them—I shut my shop door and went out at my side entrance—the prisoners were standing together at the public house at the corner—I watched them, and they went from there to Mr. Bourne's, an oilman's—Watson stood outside, and Willis went in—I went into the shop, and went through the shop into the parlour—I saw that Willis had a bottle of pickles in his hand—I went out at the side entrance, and saw Willis leave the shop, and he joined Watson—they went up the street in conversation till they got to Mr. Britnell's, the butcher's; Willis went in there, and Watson stood outside—I did not go in; I went for a policeman, and both the prisoners were given into custody.
Cross-examined by MR. PAYNE. Q. How many policemen did you take? A. I took one first; I afterwards went to the station, in consequence of Watson knocking down the first policeman—when I brought the first policeman, Watson was standing outside—Mr. Britnell gave him into custody in the shop—I was coming up with the other policeman—the door was then shut, and both the prisoners were in the shop.
WILLIAM GUNSTON . I am a butcher; I manage Mr. Britnell's business. On 12th Feb., about 9 o'clock in the evening, Willis came into the shop; he looked at a bit of pork—he said, "Weigh me this piece"—it weighed three pounds, and was to be 1s. 9d.—before Willis came into the shop, I had seen both the prisoners at the shop window—it being frosty weather, we had only two shutters down—there is no glass in front of the window—I did not notice what became of Watson when Willis came into the shop—when I had weighed Willis the pork, which came to 1s. 9d., he gave me a sovereign, which was a good one—I went into the parlour, and chucked it down
on the table, and said, "Will that do?" and they said, "Yes, that is good"—there was Mr. Britnell there, and another friend of mine, and my wife was there—I am satisfied that sovereign was good—I went back into the shop, and Willis said, "Oh! on my word, I think I can manage it now without change"—I put back the change into the bowl in the shop, and I went into the parlour, fetched the sovereign, and gave it him—he then said, "Upon my word, I believe I must trouble you now for the change"—he gave me what I thought was a sovereign—I took it into the parlour, and chucked it down, and ray wife said, "That won't do, that is bad"—I did not look at it myself—I heard the sound of it; it sounded very bad—I am certain it was not the one I had had before—I went into the shop, and Mr. Britnell came out, and he said to Willis, "This is bad; where did you get this?"—Willis said, "Let me look at it"—Mr. Britnell rung it on the block, and he said, "Oh no, you are not going to have it; I have got you fast now"—Watson then came into the shop, and he said to Mr. Britnell, "He is tipsy; he is a friend of mine"—Willis was then struggling to get away from Mr. Britnell, who had hold of him—Watson then said to Willis, "Don't kick up a row in the gentleman's shop; come on"—Mr. Britnell did not allow him to go—he held him, and told me to shut the door; I did, and put the bolt up—a policeman came, and he gave him charge of Watson—Mr. Britnell took Willis took to the station himself.
Cross-examined. Q. Where was Mr. Britnell when you took in the second sovereign? A. Sitting behind the door, and a tenant of mine, who had come to pay me some money, was there, sitting on the other side, and my wife was there—my department is to manage the business of the shop—I am quite sure that I threw upon the table the same sovereign that I had received from Willis, and I came out and gave him the change which I took out of the bowl—Mr. Britnell came out directly after the second sovereign was taken in—I took the second sovereign in and never looked at it—I took the money into the parlour because I had suspicion from seeing the prisoners at the window—Watson went out of the shop with the policeman very soon—I did not see what happened between him and the policeman.
CRANLEY BRITNELL . I keep a butcher's shop in Exmouth-street. Mr. Gunston manages it—I was in my parlour on 12th Feb. when Mr. Gunston brought in a sovereign—it was a good one—I looked at it and examined it—soon after he came in with another sovereign—I am certain it was different one, and a very bad one—when I found it was bad, I went into the shop and found Willis—Watson was outside the shop, but he stood back near the door—I asked Willis where he got this, it was a bad one—he said, "Is it? let me see"—I rung it on the block, and said, "No, you won't see it; I keep it in my possession; I shall give you into custody;" and I took him by the collar, and Watson came up and said, "He is a friend of mine; he is drunk"—and he said, "Don't make a noise in the gentleman's shop"—(in consequence of the inclemency of the weather, we had the doors up)—I said to Gunston, "Bolt the doors; he is an accomplice"—I sent for Osborne, the constable—I gave him the sovereign, and gave Watson in charge—I kept Willis, and as I was going to the station I met another officer, and gave Willis in charge—this is the sovereign.
Cross-examined. Q. How do you know it? A. I marked it—Mr. Gunston went out and sent some one for a constable—he came in again, and I said to him, "Fasten the doors"—he was not gone out half a minute—he came in directly.
fetched me to Mr. Britnell's shop—Mr. Britnell gave me this sovereign, and Watson was given into my charge—as soon as I went to take Watson, he struck me, and we both fell down—he held me down some time, and Mr. Marchant got hold of his hand, and got him off me.
Cross-examined. Q. Had you not got him by the collar? A. No; before I touched him, I received the blow—I went to take hold of him, and he got between the doors and got out in the road, and put himself in a fighting attitude, and said, "What do you want with me?"—he went out as soon as Mr. Britnell said he should give him in custody—I went to seize him outside, and there he struck me, and we both fell down—he was charged with assaulting the policeman—that was all he was charged with—it was not till the next morning that anything was said about his being an accomplice.
MR. BODKIN. Q. What were the prisoners given in custody for? A. For changing a bad sovereign.
WATSON— GUILTY . Aged 26.— Confined Twelve Months.
MESSRS. BODKIN. and POLAND. conducted the Prosecution.
ANN HALL . I am the wife of Robert Hall; we keep a chandler's shop in Charlotte-street, Whitechapel. On 29th Jan., the prisoner came and bought a quarter of a pound of butter; it came to 3d.—she gave me a crown piece—I gave her change, and put the crown in my till—there was no other crown there—in consequence of something that was said, I went soon after to my till—I found only one crown there—I did not examine it—I took the word of the person who* told me—it turned out to be bad—I marked it—I did not mix it with any other money—on Tuesday evening, the 30th, the prisoner came again for a quarter of a pound of sugar and half an ounce of tea—they came to 2 1/2 d.—she gave me a half crown—I gave it to my daughter to get change—it turned out to be bad—I sent for a constable and gave it to him—I gave him the crown also—I said to the prisoner, "You brought a bad 5s. piece"—she said it was not her.
GEORGE QUEENLE . (policeman, H 124). I took the prisoner, and received this crown and half crown—the prisoner said she passed the half crown, but not the 5s. piece—she said a gentleman gave her the half crown in the street—she refused her address—I asked her several times, and made several inquiries.
Prisoner. I said when I had money I got a lodging, but when I had not I was obliged to walk the street like other poor girls. Witness. I asked where you lodged when you had money, and you would not tell me.
Prisoner. I was not there the first time.
GUILTY .— Confined Six Months.
MESSRS. BODKIN. and POLAND. conducted the Prosecution.
in the evening—she bought some meat which came to 6d.—she gave me a half crown—I noticed it was bad, and I told her so, and asked where she got it—she said from a man in Whitechapel—I marked it, and told her if she brought the man to me she might have the half crown—she then left—I kept the half crown separate from all other money, and gave it to Davis the same evening.
JAMES MITCHEL . I keep a draper's shop in the Commercial-road. At a little after half past 8 o'clock in the evening of 30th Jan., the prisoner came and bought a pair of stockings, which came to 8d.; she offered me a half crown; I had before that received some communication about bad money, and I looked at the coin she offered me—I found it was bad, and I told her so; she made no remark—Davis came in at that moment and took her—I gave him the half crown.
DANIEL DAVI . (policeman, K 121). The prisoner was given into my custody by the last witness, for uttering a half crown—he gave it me—this is it—the prisoner said she was an unfortunate girl, and had it given to her—I received, this other half crown from Mr. Cooper.
Prisoner's Defence. I asked his father for the stockings, he served me and took the money; I stood at the door about five minutes, and he said, "Do you know what you gave me?" I said, "A half crown;" he said, "Was it good or bad?" I said, "A good one, I hope;" he told me to sit down, and he gave me into custody.
GUILTY . Aged 18.— Confined Six Months.
MESSRS. BODKIN. and POLAND. conducted the Prosecution.
ELLEN GIBB . I am the niece of Frederick Allen, he keeps a confectioner's shop in High-street, Whitechapel. On 25th Jan., about half past 8 o'clock in the evening, the prisoner came and asked for a penny cake—I served her, she gave me a sixpence—I noticed that it was not good—I put it down on the glass case, and she produced a shilling—I gave her a sixpence and 5d. change—the sixpence I gave her was a very plain one—I did not notice the reign—she put it to her mouth as if to try it—she then returned one to me, and said it was no better than the one she first uttered—I am positive it was not the one that I had given her, and it was a bad one—I called my uncle, he sent for a constable, and he took the sixpences.
Prisoner. The one I gave you was a George IV. Witness. The first you offered was a "Victoria.
Prisoner. They said if I would give them a good sixpence they would let me go—I said I could not—I am a poor girl, and get my living by selling things in Whitechapel.
JOHN JACKSON . (police sergeant, H 59). The prisoner was given into my charge, by the last witness—I produce these two sixpences—the prisoner said she gave a good shilling, and the witness gave her a bad sixpence.
ELLEN GIBB . re-examined. This is the one that she first offered—it is a Victoria—this other is of the reign of William the Fourth—it is quite different to the one I gave her—it was a plain one—I mean, one that was worn.
Prisoner. The one I gave her back was the one she gave me—I did not change it.
GUILTY . Aged 18.— Confined Six Months.
MESSRS. BODKIN. and POLAND. conducted the Prosecution.
THOMAS WESLEY . I keep the Magpie public house in New-street, Bishopsgate. On Saturday, 3rd Feb., the prisoner came about 9 o'clock at night; he asked for half a quartern of gin, and a screw of tobacco—I served him—they came to 3d.—he put down a half crown on the counter—I examined it, and found it bad—I told him it was bad—he said he had taken it for wages, at Stratford—I sent for a constable, and gave him into custody—I gave the half crown to the constable—on the Monday, the prisoner was taken before the Lord Mayor; but that was the only case against him, and he was discharged—the name he gave was not King—I believe it was Adams.
JOHN HITCHCOCK . (City policeman, 644). I took the prisoner on 3rd Feb., at the request of the last witness, who gave me this half crown—the prisoner told me he received it from a gentleman at Stratford, where he had been working as a bricklayer's labourer—on Monday, before the Lord Mayor, he gave the name of George Adams.
JOHN WALKER . I am assistant to Mr. Wood, a woollen draper, in Bishopsgate-street. On 8th Feb., the prisoner came, and asked for a yard and a half of dark jean—I showed him some, and cut off what he wanted—he then wanted some thread—I got that, and he tendered me in payment a bad 5s. piece—I saw it was bad; I went round the counter, and sent for the policeman; I gave him the crown, and gave the prisoner into custody.
Prisoner. Q. When I gave you the 5s. piece, what made you stop at the end of the counter behind a pile of goods? A. I did not stop, I went round the counter.
JOHN EDWARDS . (City policeman, 651). The prisoner was given into my custody at Mr. Wood's, on 8th Feb.—I received this crown, the prisoner said, "I hope you are not going to lock me up"—I told him yes—I took him to the station, and found on him 4 1/2 d. good.
Prisoner's Defence. I am quite innocent; I received 1s. on Friday, and 6d. I drew on Saturday to get my dinner; I received the other money on Saturday night; when I was discharged on Monday, I went and saw Mr. Woodford; I told him what had happened; he said he was very sorry, and he told me to meet him at the Blind Beggar, and he gave me 1s. 6d. more.
GUILTY . Aged 20.— Confined Nine Months.
MR. POLAND. conducted the Prosecution.
ROBERT ELMS . I am barman at the Barley Mow, in Drury-lane On Wednesday, 24th Jan., the prisoner came between 8 and 9 o'clock in the evening—I served him some gin—he paid me for several half quarterns—he then had half a pint, and threw down a bad half crown—I took it, and broke it; it was broken by several other persons, and thrown in the fire—I saw the pieces melt—I think the prisoner paid for the gin with a 4d. piece—he ran out of the door—I sent two men to follow him—I did not see him again that night.
Cross-examined by MR. ROBINSON. Q. How much gin did he have? A. Three or four half quarterns, and then he had half a pint—there were several persons he was treating—I think he was rather the worse for liquor—the half crown melted readily—I had a pretty good coke fire—I have been there about five years—I have been in the habit of taking a great deal of money—I occasionally take bad money—I had never seen the prisoner
before to my knowledge; I saw him afterwards, when he was in custody at the Magistrate's, at Bow-street—I was taken there as a witness—he was then in the dock—the policeman did not point him out to me—he said, "Do you know any one here?"—there was nobody but the prisoner and the gaoler in the place where prisoners are put.
MR. POLAND. Q. He uttered the half crown on Wednesday, the 24th; when did you see him in the dock? A. On the Saturday week after that—in looking at him now, I have no doubt he was the person—I broke the half crown before I put it in the fire.
WILLIAM SOUTH . I am potman at the Queen's Head, in Duke's-court On Wednesday, 24th Jan., the prisoner came about 10 o'clock at night—I did not serve him anything, but I heard him say he would play any one for a shilling and a pint, at bagatelle—there might have been a dozen other persons in the room—when he said he would play any one, he threw down a shilling on the table—I took it up; it was bad—I bent it with my teeth—I found it was bad—I wrapped it in a piece of paper, and kept it in my fob pocket—I gave it to the policeman on Saturday, the 27th—it had been in my possession from the 24th.
Cross-examined. Q. Is your fob pocket where you keep money? A. Sometimes—this was in my fob pocket all that time; there was no other money with it—I know the prisoner well—he lived at No. 5, Duke's-court—he had been in the habit of coming into our place—he had had a little to drink that evening—he had none at our place—he came and went into the parlour—he remained three or four minutes.
MR. POLAND. Q. Was he drunk? A. He was not to say drunk; he had been drinking.
SUSANNAH CANEY . My husband keeps the Red Lion, in Charles-street, Long Acre. On 27th Jan., the prisoner came about 3 o'clock in the afternoon—I served him a pint of sixpenny ale—he threw down a bad sixpence on the counter—I took it up and examined it; I found it was bad—I said, "This is bad"—he said he was not aware of it, and he gave me a good 3d. piece—I kept possession of the bad sixpence, and showed it to my husband—in consequence of what he told me, I marked the sixpence, and sent for a constable—when I sent for the constable, the prisoner put his hand to his mouth, and made a bolt—I said, "He has put something in his mouth"—when the constable came, I gave him into custody—I gave the bad sixpence to the constable—the prisoner was not tipsy.
Cross-examined. Q. Was he quite sober? A. He was sober—he did not appear to me as if he had been drinking—I saw him put his hand to his mouth—I did not know him.
JOHN HAYNE . (policeman, F 154). The prisoner was given into my custody at the Red Lion—I received this sixpence from the last witness—I produce a shilling which I received from South—I searched the prisoner at the station; I found on him 1s. 2d. in coppers and three 4d. pieces, all good.
Cross-examined. Q. Is this sixpence very bad? A. Yes; I have seen worse—this is not a first-rate imitation.
GUILTY . Aged 28.— Confined Nine Month.
PLEADED GUILTY . Aged 34.— Confined Two Years.
(There was another indictment against the prisoner for coining, upon which MR. BODKIN. offered no evidence. )
PLEADED GUILTY . Aged 21.— Confined Four Month.
PLEADED GUILTY. Aged 26.—Recommended to mercy by the Prosecutor. — Confined Two Months.
347. JOHN SEYMOUR , burglary in the dwelling-house of Charles Gibbons, and stealing 1 table cover and other articles, value 7s. 6d., the goods of George Henry Laporte; 1 coat and other articles, the goods of James Pinnock; and 2 pairs of trowsers, the goods of William Pinnock: to which he
PLEADED GUILTY . Aged 39.— Four Years' Penal Servitude.
PLEADED GUILTY. †. Aged 36.— Confined Twelve Months.
OLD COURT.—Wednesday, February 28th, 1855.
PRESENT—The Right Hon. the LORD MAYO.; Mr. Justice WIGHTMA.; Mr. Ald. HUNTE.; Mr. Ald. FINNI.; and RUSSELL GURNE., Esq.
Before Mr. Justice Wightman, and the Third Jury.
WILLIAM STANLEY . I am collector of the Queen's taxes at Edmonton, and also assist my father in his business of a butcher. I know the prisoner—I have known him from a child—on Tuesday, 26th Dec., I saw him at Edmonton—I had not seen him for some time before that—I have been informed that he was living with a nobleman as a servant—I went with him to the Stag and Hounds public house—it was very near there that I met him—this was about 3 o'clock in the afternoon—I had some gin and water there with him—I had occasion to go there for some money—I paid for the gin and water—we were there not more than a quarter of an hour—there was some talk between us about horses—on coming out of the house we separated—I saw him again between 6 and 7 o'clock in the evening—I met him, by appointment, near the Angel hotel—I have an office close by, in Orchard-street, where I transact my collecting business—I went there with him in the evening—I there showed him some pictures of horses that I had there—that had not been mentioned when I saw him in the afternoon, and appointed to meet him, I asked him if he knew anything about the Derby race—we had some brandy and water together at my office; it was in the office—I also smoked, and the prisoner too—I cannot say how long he remained there; it might be an hour, or an hour and a half—we then came out of the office together, and walked together to the top of the street—I bade him good night, and he said, "Good night; you will hear from me
legally to-morrow"—those were the words—nothing more passed—I did not understand what he meant—in the course of our conversation in the office, he asked me if I could tell him of a good solicitor, or whether I knew Mr. Norton, and if I thought he was a fit person to manage a case for defamation of character—I said I did not know; I had seen Mr. Norton practising in the County Court, and I considered him a clever man there—he said nothing more on that subject—I saw him again on the Thursday morning—I had not in the interval heard from him legally or otherwise—I saw him at Mr. Cater's gate, at the Hyde-side—I had a horse and cart there—he was at the outside gate when I came out—I did not go into the house—I went to the inner gate, and when I returned I found him there—I asked him if he would ride—he said, "Yes," and he got into the cart—I asked him where he was going—he said he was going to the Angel hotel, where the Magistrates meet—Thursday was the day of their meeting—this was from about 10 o'clock to a quarter past—I called at several places, and then drove to my own home, which is a short distance from the Angel—I did not drive to the Angel—he got down on the bridge, sixty or seventy yards from the Angel—nothing passed then about the nature of his business at the Magistrates'—I saw him about half an hour afterwards, when I was going to take the meat to my customers that had been ordered—he was then coming from the Angel, round the corner—he got into my cart again—I then asked him what his business was at the Angel—he said, he had particular business with Mr. Busk—Mr. Busk is a Magistrate, who sits there—I said, "What is the nature of your business?"—he said, "You know very well"—I said, I did not at all understand his meaning—he rode with me as far as the Hyde-side, where I first saw him—he then got out of the cart, and said he should ride no further—I then went back again, and proceeded about my business—I had occasion to go to London about 12 o'clock, or from that to half past 12 o'clock that same day—I went outside the omnibus—I did not see the prisoner on that occasion; I did not know he was on the bus, till I got to Stamford-hill; I then found that he was getting across the roof of the omnibus, to the front part of it, where I was sitting—the omnibus went to Bishopsgate-street—I got down there, opposite the shop of a Mr. Bax—the omnibus does not usually stop there—the prisoner got down there also, and I asked him if he would take anything—he said, "Yes," and he had a glass of sherry—after that, he said he wished to speak to me—he said, "This is a serious charge"—I said, "What?"—he said, "I have been to Mr. Busk, and of course he will compel me to prosecute"—those were his words, and he made answer directly and said, "I must either go to Brighton or to Boulogne"—he said, "I have been to Mr. Busk to lay a complaint, and I shall be prosecuted if I stop there, if I don't go out of the way"—what he said was, "I have been to Mr. Busk to lay a complaint, and of course he will expect me to follow it up;" and he then said, "Of course, you are quite aware it will transport us both for life"—I then made answer directly, and said I could not see at all what Mr. Busk could interfere with him for, or what Mr. Busk had to do in the matter with me—I told him, I could not see what harm he could take from any charge he could make against me with Mr. Busk.
COURT. Q. Try and give us the exact words. A. I said, I could not see what harm Mr. Busk could do to him—I said, I did not see what harm Mr. Busk could do to him, or me either—I said, I did not see how Mr. Busk could interfere with that, with him or me—I did not see what harm
I he could take or me either, from any charge he could make against me—I did not say anything about Mr. Busk—he said, he had been to Mr. Bunk—I said, I did not see what harm he could take, or me either, from anything that Mr. Busk could do.
MR. BODKIN. Q. Tell us exactly what passed, as near as your memory will enable you? A. I can say no other than I hare said before.
COURT. Q. You have said about half a dozen things, and all different; what was it that you really said? A. I told him I did not see what harm he could take, or I could take, from any information that could come from Mr. Busk—that was what I said.
MR. BODKIN. Q. What else passed? A. He said, he must either go to Brighton or Boulogne; he could not go back again to the neighbourhood, where he was living any more—he said that he and his brother had 1,000l. in the bank, and that he should be obliged to sell some of it out to meet this charge—I said, "What is it you want of me?"—he made no answer—I said, "If you want my life after the accusation you have made, you had better take it."
COURT. Q. What was the accusation that he made? A. Because he said that we had both done what would transport us for life—he had used those words previously.
MR. BODKIN. Q. At what part of the conversation was it that he said that? A. It was opposite Mr. Bax's—he said, "You know we have both done what will transport us for life"—that was after he said he had been to Mr. Busk's—he then asked me if I was going home that night—I said if I was alive and well I was going home, nothing more passed; he went away—I am subject to epileptic fits—I was taken ill in that way that evening, in London, and taken home in a cab.
Cross-examined by MR. BALLANTINE. Q. You have said that you knew this young man all his life? A. Not all his life, from his childhood—I knew him when he was quite a child; his father worked with my grandfather as farm servant—I knew what his condition in life was—he told me he had 1000l. in the bank—I had no reason to doubt that—I was told that he had lived as servant to a nobleman—I had not seen him about the street at Edmonton, only at his own window—it might be two years before the 26th Dec. that I had last spoken to him—I cannot say when I had spoken to him previously to that—I can say that I had done so, but I cannot say how long before; it might be more than four or five years—that is what I mean by knowing him all his life—I am a tradesman's son—my father is not in a very large way of business—I asked the prisoner into the public house, and proposed to treat him—I proposed to meet him again, to see if I could ascertain anything about the Derby, to get any information—this was on 26th Dec.—I believe the Derby takes place in May—I do not make a book—the prisoner is about twenty-two years of age, I am about forty-six—I intended to get some information about the Derby from him—I am not a betting man—I occasionally have a trifling bet, but I am no betting man—I had not learned all that was needful for my purpose when I saw him; I had not time—I had time to drink some spirits and water, but I had a good many places to call at; and being anxious to learn something about the Derby, I made an appointment in the evening—I did not tell him that it was to learn something about the Derby, I had been talking to him about horses—I make inquiry from a great many persons to know what their real opinion is as to the merits of different horses—that is of course to make a bet upon—I had asked the
prisoner of course previously, if he knew anything about it—he did not say that he understood all about it; of course, he said he did not know much about it—that was in the middle of the day; but people very often say that that know a great deal—I did not see by his countenance that he was a sporting character; I do not believe persons when they say they know little about things—thinking he might deceive me as to the amount of his knowledge, I made the appointment—I was in the first public house with him about a quarter of an hour; the landlord was there, and a servant of Mr. King's; I do not recollect any one else—there was no friend of mine there—I met him in the evening by appointment, and took him to my office—no one lives there but myself—I have some pictures of horses there; there are pictures of another kind—I am not aware that there is a picture of a lady, there is one of Time and Eternity—Eternity is not stark naked, I dare say there are plenty of gentlemen in Court who have seen the picture—there is no indecent picture there—there is no naked woman there; the upper part of the figures in Time and Eternity may be half naked, and the feet are naked—the man is nearly naked—the woman is not lying down—I got it at a sale at a gentleman's house in the parish—I did not point that out to the prisoner—he looked at the whole of the pictures—there is a sofa in the office—I did not touch the prisoner at all—I never touched him at all—I was talking to him—one thing he asked me about was, about the solicitor for defamation of character; that was in the office; and another thing he said was, "You must be a very rich man"—I said, "I wish I was, you may depend upon it I would not ride about in a butcher's cart"—he said, "You must be at least worth 20,000l. or 30,000l. "—I said, "I wish you could prove your words"—he said, "I don't call yours a butcher's cart, I call it a dog cart"—I do not recollect anything else—I asked him about the Derby, certainly, that was at an after part, after we had spoken about the other; I had asked him to come on purpose—I began to speak to him about it immediately, not the first thing, in the course of conversation—I asked him which he thought was the horse likely to win the Derby; he said, at the present time he had no particular favourite, and he asked me what I thought—I told him that I thought the—was a very good horse, and very likely to win it—I do not recollect any further conversation about the Derby—the information he gave me was not very extensive—I have told you pretty well all that occurred—there was other conversation, no doubt, but I do not remember the particulars of it.
Q. What made you keep him there an hour and a half? A. He sat there as long as he pleased—he was not there three hours—I will swear that, and I should say not two hours—when he left the office, and had got to the top of the street, he said, "You will hear from me legally to-morrow."
Q. Did you ask him what he meant? A. He was gone; he walked away as he told me—I did not take the trouble to stop him, for I stood in amazement—I was perfectly surprised and astonished at hearing the remark made—he had been in my office an hour and a half—we were on perfectly good terms while there—I did not follow him and' ask him what he meant when he said this—I was really so surprised at the time, for I could not tell what it meant.
COURT. Q. You said you did not take the trouble to stop him? A. No—I thought it was more of a joke than anything else.
MR. BALLANTINE. Q. You thought it was a joke? A. Yes—I saw him again on the Thursday, and asked him to ride with me, because I thought I should ascertain, or get some information, about what he had said before—
I considered it only a joke, that was the very reason I took him up, to ascertain what he meant by it—I did not know whether it was a joke or not—it was impossible for me to tell how he meant it—I did not want then to ascertain about the Derby, it was to ascertain about those words—I took him up into my cart to learn that—it was a mere accident my seeing him afterwards coming out of the Angel—I did not say anything to him the first time in the cart about the words—I thought if it was said in anything more than a joke of course he would have mentioned it to me—I did not ask him—I spoke to him again when he came out of the Angel—I pulled up, he walked towards the cart, and I asked him if he was going that way—he said, "Yes," and he got up and rode—I offered him the ride, as I said before, to ascertain the particulars of what he had said—I asked him of course, if he had been to the Angel—I knew he had been to the Angel—I asked him what his business was there.
Q. What business was that of yours? A. That is very true; but we often ask things.
Q. What had those mysterious words to do with his going to the Angel? A. I should think they had all to do with it—I asked him what his business was at the Angel—he said he wanted to see Mr. Busk, on particular business—I do not know what business it was of mine to ask him—of course it was to find out the meaning, if there was any, in the words, "You will hear from me legally to-morrow"—I should say the Angel had something to do with those words—he said he had been to see Mr. Busk—he did not say that till I asked him—I asked him what his business was at the Angel.
Q. Why did you ask him that? A. Well, we often ask questions that we have no business to ask.
COURT. Q. Do you mean that it was from mere curiosity? A. It was from mere curiosity, to ascertain the meaning of those words, "You will hear from me legally to-morrow."
MR. BALLANTINE. Q. What is your answer; let us know what you mean to abide by; did you, in the first place, ask him what he had been at the Angel for? A. I asked him, of course, what he had been at the Angel for—I could have no motive for doing it.
COURT. Q. What was your reason for asking him? A. The only reason I had was to ascertain the meaning of those words—of course I had that object—I wanted to ascertain what the meaning of those words was.
MR. BALLANTINE. Q. Do you mean deliberately to swear that? A. Of course I can swear it—I swear that I had no other motive in asking him; there is no doubt of it—I swear it—my object was, of course, to account for those strange words—you can take that as my answer.
Q. What had his going into the Angel to do with those words? A. Because, of course, the Magistrates meet there—I could not tell, from his mysterious way and what he said, what his plans and motives could be—I wanted to know the meaning of the words he had used—the Magistrates meet at the Angel—it was on the same day that I saw him on the omnibus at Stamford-hill; I got down at Bishopsgate-street—I said to him, "What! are you going to get down here?"—it was not "What, Risley, are you here?"—I was aware he was on the omnibus at Stamford-hill; it was there that I said, "What, Risley, are you here?" when he got across the omnibus—when we got down by Mr. Bax's, I said to him, "What! are you going to get down here?" and then I asked him to have something to drink—I did not offer him 5l.; I told him I had got 5l. in ray pocket; I wanted to see whether he said he would take it—that was after he had spoken about
going to Brighton, or Boulogne—I certainly did not mean to give it to him.
Q. Did not you say to him, "Risley, I have 5l. in my pocket," and did not ho say, "Money is of no use to me?" A. He said money was no object to him; he and his brother had 1,000l. in the bank—he said, "Money," at least, "5l. is of no use to me, I have money in the bank;" but I never offered it to him—his answer was not, "Money is no use to me"—I have been examined before—when he told me that he was going to Brighton, or Boulogne, I said, "Well, I have 5l. in my pocket;" I did it on purpose to hear what his answer would be, to see if he would ask me for it—I never offered to give it him—he said, "5l. is of no use to me"—I will not undertake to say whether it was "5l." or "Money;" but I quite believe it was 5l.
Q. Have you ever been troubled in this way before by anybody? (The witness was here taken ill, and removed from the Court under the care of a surgeon.)
JOHN STANLEY . I am the brother of William Stanley, and live with my father and brother at Edmonton. On Saturday, 30th Dec, I was in my cart, and met the prisoner in the lane—I did not know him before; he stopped me, and asked if I had seen his father—I asked who his father was—he said, "Risley"—I told him yes, I had seen his father—at that time my brother was lying at home ill in bed, and had been since the Thursday, when he was brought home from London in a cab; he had had a fit—he asked me if his father had said anything to me—I said he had—he asked me if my brother was at home—I said, yes, he was at home, and ill in bed—he said, "Yes, and so he ought to be"—I said, "Why make such a remark as that?"—he then told me that my brother had tried to commit a capital offence upon him; he said his reputation and feelings were very much hurt; he had been to Mr. Busk, and Mr. Busk was not at home—I said, "What charge have you against my brother? you had better come down"—he said, "No; unless I have compensation before Monday, I shall go to Mr. Busk again"—I saw the prisoner's father on the following Wednesday—I made an arrangement with him on the Tuesday, to meet me by the Angel on Wednesday evening, at 7 o'clock—I went there on Wednesday, at 7 o'clock, and there met the prisoner and his father; I said to them, "Well, this is an affair we cannot talk about in the street, we had better go down to my brother's office"—the prisoner said, "No, I have had one trap laid there for me, I don't have a second"—we then walked up the street, and I met my uncle; in fact, I had sent for him, and he joined us—I then said to the prisoner, "Well, young man, what is this you charge my brother with?" (this was in Silver-street, in presence of my uncle and the prisoner's father)—he said, "I make no charge against him"—I then asked him if he was in London with my brother on the previous Thursday—he said, "No"—I asked him a second time, and he said accidentally he went up by the same omnibus—I then asked him what he charged my brother with, opposite Mr. Bax's—he said, "This is not a legal place to discuss such matters as these;" he said his father had given him a liberal and good education; and he said, "Your family is lineally descended from the noble family of the Earl of Derby, of the highest respectability, and a rich family; what is 500l. or 1,000l. to you, or your family, to settle a matter like this? I have 100l. in my pocket, as well as you have"—he then said, "Come along, father;" and as he left, he said, "You will hear from me legally by the 8th of next month"—I turned round to any uncle, and said, "Did you ever hear such a villain?"—
it was then the prisoner said, "You will hear from me legally by the 8th of next month"—this was on Wednesday, the 3rd Jan.
Cross-examined. Q. This was a trap, was it not? A. Not that I am aware of—it was certainly not a trap to catch the prisoner—I made the appointment merely to see what he had got to say; as I intended to prosecute him—I wanted to see what he would say, that I might prosecute him—I did it to hear what he had to say—I do not think that my object was to induce him to say something about money—I cannot say whether I knew that if he mentioned money I might prosecute him; I might know that; I did not—I made the appointment on purpose to hear what he had to say, as I believed from the beginning that it was nothing but extortion—I knew very well that if he made any demand upon me, I could prosecute him—I did not do it to get him to make the demand; I merely wanted to hear what he had to say about it—he could do as he chose about mentioning money—I did not hope that he would—I did not hope anything about it; I merely wished to bring him before a court of justice—he could say what he chose—my object was this; I thought from the beginning that it was nothing more than extortion, and I thought I was doing justice to my brother and to my country to prosecute him—I had not mentioned anything about the noble family of Derby—I do not know how he came to imagine we were so highly connected; no doubt it was from his being so highly learned—he said his father had given him a good education—I had not said anything about it—there is no ground for it.
MR. CLARKSON. Q. Is your brother subject to epileptic fits? A. Yes, very much so—I know my brother's office, where his business is carried on; there are no indecent pictures there, or anything of that kind, and he never had one.
MR. BALLANTINE. Q. He never had an indecent picture? A. No, never that I saw—I swear there are none, and I swear I never saw any—I saw no naked woman there—there is a picture of a woman; I do not know the subject, but it is not an indecent picture—it is partly naked; there is something thrown over her—it is such that my brother never removed it when his friends or his sisters have been there—there is a cloth thrown across the legs; it is otherwise naked—she is sitting down, I think—there is a figure of a man, not naked; there is something across him, and he has a scythe in his hand.
MR. CLARKSON. Q. Where did your brother get it from? A. At a sale—it belonged to Mr. Snell, a very old inhabitant of the parish.
HENRY STANLEY . I am the uncle of the prosecutor. On 3rd Jan., I was in Silver-street, Edmonton—there was an appointment made with the prisoner's father and my nephew, John Stanley, to meet there—my nephew, John, informed me of it—when I got there, I found John Stanley, the prisoner, and his father—I asked the prisoner what he came for; whether there was not some accusation against William Stanley; he said, "No"—(I had never seen him before)—I asked him what he wanted compensation for; he said he did not want any compensation—I asked what he came there for; he said nothing; he had only come to accompany his father—I said, "I thought you had come here to settle some sort of business; where will you go?"—he said that was not a proper place to settle a case of this sort in, and we went down a lane by the side of the shop, the four of us—I asked where he would go; and his father took him down the lane, by the side of the shop; that was in their way home—he then began by saying that the name was Stanley, and that we were of lineal descent from the
Earl of Derby, and that we were a respectable family, and a family that had money, and 500l. or 1,000l. would be nothing to settle a matter like that.
Cross-examined. Q. You asked him distinctly if he wanted compensation? A. Yes; and he said "No."
EDWARD THOMAS BUSK ., Esq. I am a Magistrate, and usually preside in the Edmonton district—I cannot undertake to say that I was on the bench, at Edmonton, on Thursday, 28th Dec. last—I know the prisoner—he never preferred any charge of any kind before me against William Stanley—he did upon another occasion, but not against that party.
(The prisoner's statement before the Magistrate was read as follows:—"In the absence of my legal adviser, I do not wish to say anything, except that before meeting the Stanleys on the Wednesday night, my father said to me, "If you see them, and they want to compromise, don't take anything," and made me promise not to do so, or he would go no further, which I did.
GUILTY . Aged 25.— Transported for Twenty-five Years.
(MR. BUSK. stated, that a similar charge had been preferred before him by the prisoner against another person some weeks previously. MR. CLARKSON. stated, that upon the prisoners apprehension, two papers were found upon him, setting out the circumstances of an alleged offence committed upon him by his former master fifteen months ago. The JURY. expressed their opinion that the present charge made against the prosecutor was totally without foundation.)
NEW COURT.—Wednesday, February 28th, 1855.
PRESENT—Mr. RECORDE.; and Mr. Ald CARTE.
Before Mr. Recorder and the Fifth Jury.
PLEADED GUILTY . Aged 27 .—Six Years'Penal Servitude.
PLEADED GUILTY . Aged 34.— Six Years' Penal Servitude.
352. FREDERICK DREW was indicted for fraudulently and feloniously placing on a certain paper writing, 13 stamps, which had been removed from certain other paper writings relating to proceedings in the Court of Chancery.
MESSRS. BODKIN. and CLERK. conducted the Prosecution.
CHARLES WRAKE . I am a clerk in the Record and Writ Office of the Court of Chancery. I produce certified copies of some orders of the Lord Chancellor—(These directed that the fees formerly payable upon certain documents should, with some exceptions, he paid by stamps affixed to the papers).
HENRY WASS WRIGHT . I am a clerk in the Record and Writ Office in the Court of Chancery. I know the prisoner by sight—on 1st Feb., I received this paper from him at the Record and Writ office—it purports to be an affidavit in the suit of Drew and Drew—according to the practice of the office, if a person wants an office copy of an affidavit, he brings a copy of the affidavit, which is left with me for the purpose of being compared with the original, which is filed and left in our office—this was left for that purpose; and after it has been examined and found to be a correct copy, there is a mark put on it to certify that it is correct—it is done by a seal stamp—when a copy is brought in the way the prisoner brought this, there are fees payable; 4d. for every seventy-two words—these fourpences are received by adhesive stamps on the papers—these stamps are not always affixed when the affidavit is brought—sometimes they bring them without the stamps—they can get them in the office close by, but they must be affixed before the affidavit can be examined—here are eighteen stamps on this copy of the affidavit—it was in the same state when the prisoner gave it me, with these stamps on it—he brought it a short time before the office closed, between half past 3 and 4 o'clock—it was getting towards dark—immediately on receiving it I looked out the original, and gave both the original and the copy to our stationer in the office, Mr. Warwick, to compare them—on the following morning he brought it to me, and drew my attention to the stamps—I then noticed that two of them had got an impression of an obliterator on them—several of the others appear to have passed the obliterator, but I could not swear that it was my obliterator—we obliterate these stamps before we give the copy out—the two that I can recognise my obliterator on, are the fifth and the sixth—some of the others appear to have been obliterated, but I could not swear it was by my obliterator—some of them have not been obliterated at all—there are about 3s. worth of good ones, and about 14s. 2d. worth of obliterated ones—I am certain they have been obliterated, but I cannot swear it was by my own instrument.
COURT. Q. Have You your obliterator here? A. Yes; this is it (producing it)—it is dipped in printer's ink, and put on the stamp—part of it should appear on the stamp and part on the document.
MR. BODKIN. Q. Do you produce the original affidavit? A. Yes—this was sworn on the 25th April, 1854, by the defendant, in the suit of Drew and Drew, which was then pending in Chancery—I spoke to Mr. Murray, and gave him the original and the copy.
Cross-examined by MR. M'MAHOY. Q. This was sworn and filed on the 25th April, 1854, by the defendants? A. Yes; and this affidavit was a copy of the original affidavit—there is a stationer in the office—sometimes a solicitor brings a copy and has it stamped there—sometimes the copy is made then, and the stationer is paid a penny a folio—when the solicitor brings a copy, the office gains the difference of the pay of the stationer.
COURT. Q. Do you mean that the stationer is paid out of the fees? A. Yes; out of the fourpences—it is more profitable to the fee fund if it is brought to be done there.
MR. M'MAHOY. Q. The prisoner was a defendant in the suit of Drew and Drew? A. Yes, it appears so—these five stamps have been obliterated, which amount to 3s. 6d.—these two are not, which are 8d.—the three top ones, and these two, have been obliterated—these three have not been obliterated—these two are my own obliterating.
COURT. Q. You swear that two have been obliterated by your own obliterator, five have not been obliterated at all, and the remainder you
believe, have been obliterated somewhere, but you cannot say where? A. Yes—these two last I cannot swear to.
MR. M'MAHON. Q. Was this copy made by the prisoner? A. I cannot swear that it is his handwriting—it was tendered by him—it purports to have been a copy of an affidavit in the case of Drew and Drew.
MR. BODKIN. Q. Supposing the party require your stationer to make a copy, is there a delay takes place? A. Yes; it saves time to make a copy themselves, and have it examined at once.
JOSEPH WARWICK . I am a stationer, employed in the Record and Writ Office, in the Court of Chancery. On the afternoon of 1st Feb. I received this copy of an affidavit, and the original, from the last witness, to examine the one with the other—I examined them—it was a true copy of the original affidavit—the next morning I called the attention of the last witness to the state of the stamps—this document was in the same state as when I received it—when I came to examine the document the evening before, I saw that the stamps had been obliterated—I cannot say for certain how many had been obliterated—I think about three or four—I am employed at a particular seat, Mr. Bedwell's—the same seat as Mr. Wright is—I am not particularly acquainted with the stamp of that part—I speak to these three stamps (putting a pencil mark against them) as being obliterated.
COURT. Q. What do you speak from? A. There is the mark of the obliterator on these three.
JAMES ARCHIBALD MURRAY . I am one of the clerks of the Record and Writ Offices in the Court of Chancery. On 2nd Feb. I received this paper from Mr. Wright—his own principal not being so early at the office as I was, he brought it to me—I examined it for him—there is no doubt that some of these stamps have been obliterated—there is an obliterator for each seat in the office—on one of these stamps I can trace the obliterator of Mr. Bedwell—I can see "A—D," which is Mr. Bedwell's division—there are four seats in the office—Mr. Bedwell's is from A to D—the suit of Drew and Drew would be in his division, and here is "A—D" remaining on one of the stamps—it has been stamped upside down—the "A—D" is at the bottom of the stamp, not at the top—I have no doubt that some others have been obliterated—I see an odd Y and an odd C on some of them—I have little doubt that all but five of them have been obliterated—I went to the Master of the Rolls, and took his directions upon it.
Cross-examined. Q. Did you use your glass in the first instance to find the mark? A. Yes, because I cannot see anything without a glass—I can see the "A—D" with my own ordinary glasses—it wants a stronger power than my eye and my ordinary glasses would give, to find out the other marks, except the A to D, that I could see with my ordinary glasses—I think I have seen the prisoner.
EDWARD JACKSON BARRON . I am a solicitor. I have been engaged as solicitor for all the defendants in the suit of Drew against Drew—the prisoner was one of those defendants—I did not prepare this affidavit in Feb. 1854—I did not know of the filing of this affidavit till a short time ago—it was not filed in the ordinary course of business—it was premature—I have never given directions for obtaining an office copy—I did not know of the defendant going to obtain an office copy—I wrote him a letter a few days before, stating that I should require a copy, if he had not already obtained one—I said, as he was the person who had filed the affidavit, he was the most proper person to get the office copy of it—I had nothing whatever to do with preparing this affidavit—1 never saw the prisoner write—I have had many letters from him, which I have no doubt were his writing—
I have seen him on the subject of those letters—I believe this affidavit to be his writing.
Cross-examined. Q. You were the solicitor for all the defendants in Drew and Drew? A. Yes; it is a family dispute—I think there were six defendants—it was filed in Feb., 1854—there is a good deal of ill feeling between the plaintiff and his brothers and sisters—this defendant, being a solicitor's clerk, I did not allow him to take most of the steps in the cause himself; decidedly not—I think I was correct in saying that he, having filed the affidavit, was the most proper person to get an office copy of it—I am not aware that the defendant advanced any money.
MR. CLERK. Q. You never recognised that affidavit? A. Not as a proceeding of mine.
COURT. Q. Were you directed to appear for the defendant? A. Yes, but I had not been retained in this suit at the time the bill was filed.
EDWARD PIKE . I am a clerk to Mr. Appleyard, a solicitor, in New-square, Lincoln's-inn. The prisoner was clerk in his office about ten years—he had to attend to copying documents, and to out door business—he had access to documents relating to suits in Chancery pending in that office—I am acquainted with his handwriting—this affidavit is his writing—the original is his handwriting—the whole of this paper is his writing—he had access to papers connected with suits in Chancery—Mr. Appleyard had nothing to do with the suit of Drew and Drew—I know the prisoner was defendant in that case—I have looked at some documents in Mr. Appleyard's office connected with suits in Chancery—I have some here—this one is a suit of Andrickson and another—I find some stamps have been removed from it to the amount of 3s. 4d.; this is an office copy of an affidavit—the remaining stamps are marked with the obliterator, marked A to D—here is another office copy of an affidavit in the same suit—I miss from this, stamps to the amount of 1s.—I observe the impression of two stamps having been here—here is another copy of an affidavit in the same suit, and stamps to the amount of 1s. 4d. have been removed—here is where one is missing, and one is loose—here is another office copy of an affidavit in the case of Webster and Boddington, and stamps to the amount of 1s. 4d. have been removed from it—here is another in the same suit, and stamps to the amount of 1s. are missing—the prisoner, in the course of his duty, would have access to all these papers—I have nothing by which I can distinguish whether he had anything to do with those suits—three other clerks including myself had access to these papers besides the prisoner—the other clerk is here, William Amory.
Cross-examined. Q. What character had the prisoner borne? A. A very good one.
Cross-examined. Q. All the clerks have access to the compartment where these were? A. Yes; the two last witnesses, the prisoner, and myself—these were kept in cupboards which were not locked—the prisoner had a good character, I had a good opinion of him.
EDWARD PIKE . re-examined. I found this paper in the prisoner's desk—(read)—"Dear Ted: I am unable to obtain an office copy of my affidavit; 1 am done brown in getting it, for the following reasons; first, because it comes to more money than I can afford to pay; and, second, the office
won't let me have an office copy at any price; in endeavouring to obtain one, I nearly got myself into very serious trouble," &c.,
(MR. M'MAHON. submittted, that as office copies of affidavits were exempted from the order which directed stamps to be affixed in lieu of fees taken, the document in question was not one which came within the meaning of the order. The RECORDE. stated that he would consider the point.)
GUILTY. Aged 47.— Strongly recommended to mercy by the Jury, on account of his good character.—Judgment Respited.
MR. COOPER. conducted the Prosecution.
SAMUEL EVANS . (City policeman, 459). On 8th Feb. I was at the Jerusalem Coffee House—I went there just before 10, and was there till 1 o'clock, in private clothes—it is a luncheon and dining room—I was employed by the proprietor, in consequence of something which had happened there before—the prisoner came there about 1 o'clock—I did not notice his coming in—I first saw him about 1 o'clock—he went to a partition about three yards from where I was sitting, in one of the boxes—he took this great coat from the partition, threw it across his arm, and went out—the partition is about twelve or fourteen yards from the entrance door—I followed him out, and took him in charge—I told him I was a police officer, and I should take him in charge for stealing this coat from the Jerusalem Coffee House—he said, "I beg of you to let me go; it is all a mistake"—he had an over coat on at the time, and an umbrella; it was snowing very fast—he had an under coat on at the time—I believe the overcoat was the one he has on now.
Cross-examined by MR. LILLEY. Q. This was on the 8th of Feb.? A. Yes; about 1 o'clock—the Jerusalem Coffee House is a much frequented place; there might have been thirty or forty persons in that room—there are boxes open at the end round the room, and tables in the centre—in those boxes the persons sit to take refreshment—I did not notice the prisoner coming in—I did not hear him ask for any one—I was watching that particular coat—when I went after the prisoner, he said, "Pray don't take me; let me go; it is all a mistake;" and he said when I got him in the room, that he had gone in there to inquire for Captain James, and he had been up stairs to wash his hands—he had two coats on I am certain—I undid the over coat and saw an under coat; I believe it was a frock coat—it had pockets behind—it was a dark colour; I believe it was black—I believe the over coat was black; I will not undertake to speak positively—I took him to the station, and examined his pockets—he did not ask me to see whether his over coat was there—he did not afterwards ask me to do him the favour to look for his over coat—I think he told me he had taken his coat off, and gone up stairs to wash his hands, and on a previous occasion he had lost his coat—he had been there on a former occasion, and left a coat there—this coat was placed on a partition—two or three gas lights were lighted—this coat was on the last partition—it would have been darker than the other parts of the room, if the gas had not been lighted—there was a burner lighted near there; I believe three or four were lighted—I went to the prisoner's house, but not the address he gave—I believe he has a wife; I have spoken to her; she seems a respectable person—I asked the prisoner his address; he refused to give it—I went to a house
and searched it—I found a key on the prisoner; that key opened a drawer in that house—I did not find anything throughout the whole house—the prisoner did not ask me to find his coat—he never gave me any description of his coat.
MR. COOPER. Q. This coat hung there for a purpose? A. Yes; it was placed there about 10 o'clock in the morning—during the morning, not one other coat was placed on that division—in one of the prisoner's pockets I found some letters, and there was an under coat and an over coat.
MR. LILLEY. Q. Have you ever mentioned before that the prisoner had an overcoat on? A. The question was never asked me.
JAMES PUDDLE . I am clerk to Mr. Hooper, of the Jerusalem Coffee House. This coat is mine—I placed it that morning on a partition, in one of the boxes in the coffee room—I had lost several coats there—this coat was shown to me by the policeman, when the prisoner was taken.
Cross-examined. Q. You have been several years there? A. Yes; this is a subscription room, and is frequented by captains in the East India, and general trade—persons come there to visit captains—it might have been that in a busy time a captain might be seen in the room where the witness was, but not in general—there is a plate on the door, that no person is to be admitted—he has to inquire for any captain he may want—stewards and other persons come there, not into the room, but they come there to inquire.
COURT. Q. What is the brass plate? A. It is marked, "For subscribers only"—that would induce a person to stop at that door, and inquire for any one he wanted—the room is not frequented by any but subscribers—any other persons would stop and inquire at the lobby, before going into the room.
Witness for the Defence.
MARY JONES . I am servant to the prisoner—he lives at No. 8, Westterrace, Upper Grove-road, Bermondsey—I have lived with him ten years—I remember when my master was taken into custody—he left home, at 11 o'clock in the morning of that day—he had two over coats on—I had brushed the great coat, the outermost coat, that morning, before master went to town—it was a very dark blue, nearly a black—it was very much like this coat, which my master is charged with stealing—I have not seen that coat since that day, when he went out in the morning—I saw my master at the police court—he had not the coat, which I have described on at that time—the coat he has on now, is not the coat—that is the coat he had underneath it.
Cross-examined by MR. COOPER. Q. How many coats had he on? A. Three; the first one was a black coat, a kind of dress coat—the second coat was the one he has on now, and the other went over that—this coat produced by the policeman, is not that coat—I was not given in charge for taking a coat some time ago—I was in charge for taking silk—my master took some silk for a bad debt, and he asked me to go round to the shops to see if I could sell it—the parties said that the silk had been stolen, and I was taken into custody, but was discharged—there was not the least foundation for saying that I knew it had been stolen.
COURT. Q. You say you lived with him ten years? A. Yes; in the same place—not in the same house—I have been in his service ten years—he has been continually living with his family for ten years—I am sure he has been living with his family the whole of that time—he was away in 1853—he was away from home for twelve months—I understood you asked whether he had left his family for twelve months.
(The prisoner was further charged with having been before convicted.) JAMES NOO. (City-policeman, 439). I produce a certificate of the prisoner's former conviction—(This certified the conviction of William Griffiths, at this Court, in April, 1853, of larceny; and that he was sentenced to One Year imprisonment)—The prisoner is the man.
GUILTY. Aged 46.— Four Year's Penal Servitude. (There was another indictment against the prisoner.)
THIRD COURT.—Wednesday, February 28th, 1855.
PRESENT—Sir JOHN MUSGROV., Bart., Ald.; Mr. Ald. HUNTER. Mr. Ald. FINNIS. Mr. Ald. KENNEDY. Mr. COMMON SERJEANT. and RUSSELL GURNE., Esq.
Before Russell Gurney, Esq., and the Fourth Jury.
PLEADED GUILTY . Aged 37.— Confined Three Months.
HENRY JONES TAYLOR . I am salesman to William Bryant, an outfitter, of Aldgate. On 21st Feb., the prisoner came to the door, reached a coat off the bar, and walked away with it—I took him about three minutes afterwards, without losing sight of him—he kicked me on the legs, knocked me down, and bit my thumb—the coat was lost in the scuffle, somebody picked it up while I was on the ground—I held him till the policeman came.
GUILTY . Aged 22.— Confined Two Months.
ABRAHAM WOOLF . On 16th Feb., the prisoner was in my service; she had been there nine weeks, and the 10th week she was a servant—on that day, Thursday, she asked me to let her go out—she went out and came home drunk—on Friday she said that she was very ill—I sent some money to her to go to a doctor to have some advice, and she sent it back, saying, that she was not entitled to it—she went away that day, and did not return—I missed the articles stated that afternoon, but cannot say when they were safe, because my wife was ill in bed—I had seen one of those tablecloths on the table the week before.
PHILIP BRADLEY . (policeman, H 137.) On Saturday, 17th Feb., I went with the last witness, and found the prisoner at Goulstone-street—he gave her in charge, and as I took her to the station, she gave me some tickets relating to two tablecloths, a shirt, sheet, bedgown, and flannel petticoat—she said that there was one petticoat of her own.
Prisoner. Q. You asked me for the tickets? A. Mr. Woolf did; he
said you had better give up the tickets without any more bother; you had said nothing about having any tickets before that.
JOHN NEWTON . I am assistant to Mr. Ennis, a pawnbroker. I produce a sheet and a table cloth, pledged, I believe, by the prisoner; the sheet on the 13th, and the table cloth on 14th Feb.—these tickets produced by the last witness are what I gave.
Prisoner's Defence. I took him a dress coat which I had been making, and brought him 8s. for making it; I fell down, but he is wrong in saying that I was drunk; my intention was to get the things out again when he paid me.
GUILTY . Aged 39.— Confined Three Months.
MR. W. J. PAYNE. conducted the Prosecution.
LEWIS DE JONGH . I am clerk to David Moses, wholesale clothiers, of No. 14, Aldgate. The prisoner has been in their employment—on 30th Jan. he came, and brought three coats with him, made up in the regular way—the work was examined, and was not approved of, and he was discharged—I gave him the money for the work, and a voucher for it, 6s., and 2l. deposit, which was in the name of another party who had had the work out, and a voucher for that—he brought a book, which I gave him back again—this (produced) is the voucher I gave the prisoner—that would enable him to get the 2l. from the cashier—in the evening, after the cashbook was made up, the voucher is destroyed—this number, "112," is the page in the ledger.
Cross-examined by MR. LILLEY. Q. You say that the prisoner has worked for Messrs. Moses? A. About two years ago—we should have paid anybody who presented this work—the work is examined by the foreman—when the prisoner brought the book up to me, I said, "The work is not approved of; I will give you your deposit back"—Messrs. Moses have a number of persons in their employ.
MR. PAYNE. Q. I suppose you do not know every one? A. It is impossible for me to know them all—I gave the voucher to the person bringing the work.
(The COURT. considered that, as the prisoner did not represent himself as the person who ought to receive the money, the case did not amount to one of false pretences.)
NOT GUILTY .
MR. HORRY. conducted the Prosecution.
JOHN RUDD . I am shopman to Thomas Poppy, a draper, of No. 285, High Holborn. On 24th Feb., about 3 o'clock in the afternoon, the prisoner came, and asked me for a pair of gloves, as I was walking the shop; Mr. Blake supplied her with them—I heard her ask him for some silk for dresses—I undertook to serve her, the silk being my particular departments—I
showed her several dresses, and she selected one at 15s. 9d.; she then wanted a body lining, and I showed her some slate Holland, for which I had to go to the other end of the shop, which is from fifteen to thirty yards off—I showed it to her, and she said, "I will have grey calico, instead of Holland, as it is warmer"—I had to go to the same place to get the calico; she bought two yards of it, and I then made out her bill, 1l. 1s. 9d.—she gave me 1l. 2s. 6d.—I got the change from the cashier at the desk—when I took the calico back, Blake made a communication to me—after I had taken her money, Blake came up, and said, "We have every reason to believe you have a piece of silk concealed under your dress"—she was then sitting on rather a high chair, as near as she could well (get to the counter—when Blake said that, she immediately moved from her chair, and said, "Me got something?" and commenced to lift up her gown; there was a white skirt under it, then a black skirt, which she was attempting to move, and she flew forward, I thought, to bolt out of the shop, and as she moved about a yard, I saw this silk drop from her dress—she had got it folded in a most ingenious manner—she was then about a yard and a half from the chair—I had not made up her parcel, and had placed her goods behind on a recess, and was going to send them home, but she said, "No"—the silks remained on the counter, and after I had finished searching her, I moved them two yards or two yards and a half lower down the counter—she rejected some of the silk, saying that it was too light for her sister—the silk is my master's property—here is the private mark on it—a policeman was sent for, and the prisoner given in charge.
Cross-examined by MR. METCALFE. Q. When you picked it up, how far was it from the counter? A. About three-eighths of a yard; I did not measure it—it was on the side of the chair nearest to the door—I was behind the counter when she got up from the chair, but not when I picked the silk up—Blake was not behind the counter; he was in the middle of the shop, standing as near as possible to where the silk was picked up—I think there were only two other customers in the shop—there had been persons in very recently, but silks had not been shown that morning—if a lady requests to look at a great variety of things, we cannot fold them all up directly—the parcel that the prisoner purchased, is here, I believe.
MR. HORRY. Q. Did you bring forward this silk expressly for her? A. Yes, from the silk department, about three yards from where she was sitting—this particular silk was shown to her, and she said that it was too light, her sister wanted something darker—when it fell from her, it was folded thin at the top and bulky at the bottom—that was not exactly how I had folded it up—it had been twisted round by her.
EDWARD BLAKE . I am in Mr. Poppy's employ. On Saturday afternoon last I was in the shop, and Eliza Lee made a communication to me, in consequence of which, about five minutes afterwards, I went to the prisoner and said, "We have every reason to suppose you have a piece of silk secreted about your person"—she said, "Me have a piece of silk!" and rose up—I said, "I must search you"—I lifted up her dress and her white skirt; under that was a black skirt, and on proceeding to lift that she shrank from me, saying, "Don't feel my legs," and immediately, by a jerk, she threw a piece of goods out from her dress, and shrank back two yards—I saw the silk come out from under her black skirt—I was quite prepared for it, because I had just felt it—I detained her till a constable came.
Cross-examined. Q. Do you mean that you felt the silk? A. What I
thought to be the silk—I felt something which was inside her petticoat—there was one lady in the shop, being served—there were no females employed in that department, not within forty yards, and I was the only person disengaged—the silk was not more than a yard from the chair—I saw it not more than a few seconds after she got up—I was standing in front of her when I made the examination—Eliza Lee came up to see me search the woman—she was waiting to be served, and came down fifteen or twenty yards to inform me.
MR. HORRY. Q. Did the silk fall where she had been standing? A. No, she threw it out—she sprang sideways, and then sprang back.
ELIZA LEE . I am in the service of Mr. Allen, of No. 18, Brownlow-street, Holborn. On Saturday last I was in Mr. Poppy's shop, and saw the prisoner there; Rudd was showing her some lining—I was sitting close to her, and while Rudd was at the end of the shop I saw her take a piece of silk off the counter, and put it under her petticoats—she then said to me, "Do not;" but whether she said, "Do not say anything," I do not know, as I am rather deaf—she showed me the silk, and asked me if they were pretty—I went down the shop, and told Blake what I had seen.
Cross-examined. Q. Was she sitting on the chair when she took it up? A. No, she was standing up—I mean to say that I saw her lift her petticoats, put the silk underneath, and sit down again, and then she showed me the dress she had bought, and asked me if it was pretty—I have been with Mr. Allen nine months.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Two Months.
CHARLES BIRT . I am a cheesemonger, of No. 9, Artillery-passage. About half past 6 o'clock on the evening of the 22nd Feb. I was outside my shop, putting up the shutters—there were people about the shop who were all for plundering and thieving, and as fast as I could put up my shutters they pulled them down again—I saw some of them taking things out of my shop, and missed two cheeses—this (produced) is one of them—I did not see the prisoner till a policeman brought him back.
CHARLES WOOTTON . (policeman, A 401). I was on duty and saw the mob—a constable laid hold of the prisoner within a few yards of the shop, and he knocked him down—I had not seen the prisoner before that—I followed him a few yards further, took him into custody, and found this cheese under his coat—this large hole in the side of my hat was made by a large brick which was thrown.
RICHARD LILLEY . (policeman, A 409). I was on duty endeavouring to protect the shop of the prosecutor, and saw the prisoner coming out of it with a cheese under his arm, and six or seven other men who had got pieces of bacon, pork, and cheese—I laid hold of the prisoner, and at that instant I was struck down and kicked by his competitors, and he escaped—I followed, and recaptured him about twenty yards off in the hands of the sergeant.
Prisoner. I was half a mile off. Witness. The passage is only a few yards long.
Prisoner's Defence. I had been to the workhouse for relief, and did not get it; I Raw the mob, and one of them gave me the cheese.
GUILTY . Aged 28— Confined Three Months.
(There was another indictment against the prisoner for the assault.)
Before Mr. Common Serjeant and the Eighth Jury.
MR. METCALFE. conducted the, Prosecution.
WILLIAM PRAGNELL . I am a constable, in the employ of the Eastern Counties Railway Company, stationed at the goods department, Brick-lane. There is a receiving house of the company at Blossom's Inn, Lawrence-lane, from where the goods are taken in the company's vans to the goods station—on 13th Feb., in consequence of what had occurred, I was desired to place myself under the tarpaulin of one of the vans, and did so about 6 o'clock—I could not be seen in the van, but I had a good view—Warner and Watson were directed to follow the van—I saw the prisoners in Church-street, just by Spitalfields Church, with another person—Bellinger walked close to the side of the van, took hold of a box and pulled it, but could not get it—he still followed to Brick-lane, where he pulled the box out, and gave it to Bramlin, who walked away with it, and Bellinger attempted to get another box out of the van, but I got out from under the tarpaulin as quick as I could, the van being going at the time, and Bellinger ran the contrary way to where the box was gone, and called out, "Stop thief!"—I ran after him, but finding that the property was not gone that way, I returned—I got the box—Bellinger came back to see if we had secured it or not, and I took him into custody—I am positive that he is the man, and Bramlin is the man who received it—I had a good view of both.
Bramlin. Q. What sort of clothes had I on? A. A dark coat, an apron, and this dark cap. (Upon Bramlin putting on this cap it appeared much too large for him.)
MR. METCALFE. Q. Have you seen the prisoners before? A. Yes; I know them perfectly well, by seeing them following vans—I have been instructed to follow them for the last three weeks—they change dresses among one another.
BENJAMIN WATSON . I am in the employment of the Eastern Counties Railway Company. I was instructed to follow the waggon in which Pragnell was concealed—I saw the prisoners by Spitalfields Church—they followed the van into Brick-lane, there were several others with them—I saw Bellinger take a. box off the van and give it to Bramlin, who turned up the street—I went after him, and seized him with the box, but his companions got him away—I am certain he is the man—I have seen the prisoners for the last three weeks, and knew them perfectly well by sight—Bramlin hit me on the mouth when he got away, but I got hold of his cap and kept it.
THOMAS WARNER . I was employed to follow the van with Watson; I saw the prisoner and two or three others get up to the van, opposite Spitalfields Church—they kept alongside of it, and made three several attempts going up Church-street, but did not succeed in getting anything off—the van turned down Brick-lane, and when it got up to the mews, Watson called out, "Warner!"—I ran to his assistance, and saw Bramlin with a box; Bellinger had run away, calling out, "Stop thief!"—I followed Bramlin till he was taken by Watson—I had seen them before on several nights in different dresses.
WILLIAM STANLEY . I am a warehouseman, in the employ of Messrs. Pawson and Company, of St. Paul's. I sent this box (produced) to Blossom's Inn, consigned to the Eastern Counties Railway; it contained 500 pail's of stockings, and some haberdashery.
Bellinger's Defence. I heard some one halloo, "Stop thief!" as I was
looking in at a shop window; I ran alongside of the prosecutor for a quarter of a mile, and came back with him to the van, and saw him put the box in; I waited there about two minutes, and then went away forty yards; presently he came running after me, and said, "I believe you are one of the companions," and took me to the station; two gentlemen, who were before me, said that I was innocent of it, that I was twenty yards off the van at the time; the policeman would not allow those two gentlemen to come in, and three of them went into a little room by themselves for a quarter of an hour, making up what charge they should make against me; I never saw Bramlin before. Bramlin's Defence. I never saw this man before; the policeman has never seen me before; and the cap does not fit me.
BELLINGER— GUILTY .** Aged 19.
BRAMLIN— GUILTY .* Aged 21.
Confined Eight Months.
MESSRS. RIBTON. and POLAND. conducted the Prosecution.
JOHN HURLSTONE . I am clerk at Worship-street Police Court. This (produced) is an original summons, issued by the Magistrate at that Court on the information and complaint of the prisoner—it is returnable on the 19th Jan., and is for an offence committed on Sunday, 14th Jan. (The summons was against John Knight, for unlawfully opening his house for the sale of beer before 1 o'clock on Sunday)—the hearing was adjourned till the 26th in consequence of the absence of the defendant, Knight, who had sent a representative—on the 26th, John Knight appeared; he was a worn, and the case came on that afternoon.
JOHN HURLSTONE . continued. The defendant gave evidence against John Knight before Mr. Hammill—I have a note of his evidence (reads—"John Knight, charged by summons at the suit of the police.—Alfred Alexander Hall stated: On Sunday, 14th instant, at a quarter past 11 o'clock in the forenoon, I saw a girl at the defendant's door, letting people in and out—I saw, in a quarter of an hour, twenty-three people come out, and several others went in—I saw the defendant; he came up, and went in, and closed the door in my face; it was the side door.")—Upon that evidence, Knight said, "He must be mistaken, it could not be my door, it was impossible I could have drawn beer; I had a man there mending the pumps, and could not draw from them"—Hall then said, "Why, he drew a glass of beer for himself from the engine"—on that, Knight called a man, named William Morgan, a gas fitter, on whose evidence the Magistrate dismissed the summons, as the engine was all to pieces from 10 o'clock to 1—I was present when the defendant was committed for trial by the Magistrate.
Cross-examined by MR. BALLANTINE. Q. Do you know Knight? A. I cannot say that I do; such numbers come to the office, and I am too much engaged to look at people's countenances—I cannot venture to say how often I recollect Knight being brought to the police court—I have heard that a great many complaints have been made against him, but I do not regard people's names, or faces; they must be extraordinary countenances that I recollect.
MR. POLAND. Q. Do you know whether Knight has been summoned before? A. I am informed that it is the case: I do not know that it was
by the defendant that he was summoned, the defendant has had a great many summonses.
JOHN KNIGHT . I am the prosecutor. I keep the Royal Oak public house, Turville-street, Bethnal-green—on Sunday, 14th Jan., there were no customers whatever in my house in the forenoon between 10 and 1 o'clock—my attention was called to the day, in consequence of my receiving a summons on the 17th—at a quarter past 11 o'clock, there was nobody in the house but my own family—there was my wife, my daughter, my wife's mother, and a man named Morgan, who was at work, repairing the engine—he is a gas fitter, and brass finisher—lodgers slept there, but they were not there at that time; I think they left somewhere about 11 o'clock—the beer engine was all to pieces—Morgan came somewhere about 10 o'clock, purposely to repair the engine; I had engaged with him the night before—he had finished repairing it, between 12 and 1 o'clock—before he had finished it, it was not in a state in which beer could be drawn from it; the last thing he did was to connect the pipes—the defendant came somewhere about 11 o'clock—I let him in—the engine was taken to pieces at that time—I did not draw a glass of ale while I was there, I could not—I saw him leave, I held the door open all the time he was in—I am sure no one shut the door in his face, nor did I—nobody could have done so, without my seeing them—when the defendant came, Morgan was in the cellar—the defendant was dressed as a policeman—there was not a girl at my door, letting people in and out—the only girl in the house was my daughter, she is here—it is not true, that in a quarter of an hour twenty-three persons came out; I do not think the door was opened after the policeman went out—I do not think the two lodgers were in the house when the policeman came in—I do not know what time they left—one of them is here, his name is Bryant—I do not know where the other is; I have endeavoured to find him, but he has left his situation and gone, I do not know where—there is only one engine—I had not a servant girl in the house on that day, I had discharged her on the Sunday previous—I saw the policeman some distance off, when I was out for about five minutes—I had seen him before, he has been to my house pretty well every Sunday.
Cross-examined. Q. There is only one engine? A. No; there are four pulls to it, two of them were out of order, and two partly so; but I had them all taken down for cheapness, and had the lot done—I did not let any of these people in, I am quite confident of that—I had not one in—I swear that—I pledge my distinct oath that there was nobody in my house supplied with liquor, or anybody let out of my house between 11 o'clock and 20 minutes to 1—there is no mistake about that—I close at 12 o'clock at night—I have been very unlucky, it is rather a troublesome district; people may be particularly thirsty in my neighbourhood, on Sunday mornings; I have been in the house between five and six years; I think I went into it about 1850—I may have been fined 40s. for Sunday trading on 14th July, 1850; I have been fined a good many times—I may have been fined 20s. for Sunday trading on Sept. 8th, 1850, and 20s. on Dec. 1st, for after hours—I was not innocent of it all; it was sometimes true, and sometimes false—I may have been fined 20s. on April 9th, 1851, for being open after hours—1 do not know whether I was fined on June 8th for being open after hours, or for Sunday trading—I cannot say whether I paid costs for Sunday trading on 8th June—I was not fined 5l. for being open after hours on 9th July, 1851; it was for Sunday trading, on this man's information; I swear that positively—I was
not fined 5l. that year; the highest penalty I paid up to 1853, was 40s.—the highest in 1851, was 40s.; in 1852, 40s.; and in 1854, I was fined once 5l—Inspector Ellis has not been a witness against me that I am aware of; Robert Chickley has; he told a lie—Farrall was evidence against me, and so was Pearce; he spoke the truth—Ball, Cox, and Malin have given evidence against me, and so has Holmes, and I was acquitted of it—I think Eves has been a witness against me, and so have Ryan, Holt, and Pearce—I have got a cellar; there is not a way out of it except through the house—people have never been let out of that cellar, nor have they got away from the attic into the other house; I swear that positively—there was no servant there on this day—Harriett Humm was a servant of mine; I took her in when she was starving and ragged, and paid her wages six months in advance to get her things, and dismissed her for dishonesty before this—she was not there on that Sunday—I saw her pass the door once yesterday, but did not speak to her; she was on the other side of the way—1 know Mr. Barrington—I did not say to Harriett Humm, "Mind, you are going up, you will get two years of it if you do;" I did not say that to her last night—I saw her last night pass the street, but I did not speak to her; stop, I recollect on Monday I went through the shop where she was at work, and showed her a letter, and said, "Do you know anything of this?"—she said, "No, I do not," and I turned round and went up-stairs; I forgot that when you asked me if I had spoken to her—the letter I showed to her was a valentine, but the writing in it was of the most filthy description that ever could be; that was the reason I showed it to her—I said, "Do you know this writing?" and she said she did not—I went there to see Mr. Barrington; he is a web manufacturer, and she works there—I only saw her on this Monday—I knew that she was there—I went to Barrington's to borrow some money, if I must tell you the truth—he is not here—I spoke to him about his servant—I knew that she was going to be a witness against me, and spoke to him about her; that was not to secure her coming here, but because I thought she might serve him as she had served me—I did not tell him she was a thief; I told him she did not behave to me as she ought to have done—I have not had twenty-one convictions for Sunday trading; a great many of them were dismissals—my telling Mr. Barrington about the girl, came up in the course of conversation; she mentioned it first among some of the hands, but not in my presence—I will take my oath that I did not say, "Harriett, so you are going up; mind, you will get two years if you do;" I only said, "Do you know anything of this filthy letter?"
MR. RIBTON. Q. Were any of the taps in such a condition as that beer could be drawn from them? A. Two of them might have been, but I had had them all taken to pieces; they were not in such a condition between 10 and 1 o'clock, as that beer could by any possibility be drawn from them—two were in bad condition, I could not draw at all from them, and the other two I might have made shift with a little bit longer; but when I had the man, I told him to do them all at once—I have been fined several times on the defendant's evidence; I cannot recollect how often—Mr. Barrington is a friend of mine, my visit to him had nothing to do with Harriett Humm, she left me on the 9th; the conversation came up quite accidental; she was not there at the time—I cannot say how often I have been fined on the defendant's evidence—I was twice dismissed, and once fined; the last time was some time before this, it was about Nov.; I was fined 40s.—that charge was partly true and partly false—about that time the defendant
borrowed some money from me, and something took place between us about a diamond ring—(MR. BALLANTINE. objected to this evidence, and the COURT. considered that it had better not be gone into.)
WILLIAM MORGAN . I am a brass finisher and gas fitter, of No. 32, Half Moon-street, Bishopsgate. On Saturday night, 13th Jan., I was sent for to the prosecutor's house, the Royal Oak, and on Sunday morning, 14th Jan., I went there at 10 o'clock, as near as possible, it did not exceed three minutes either way—I was let in at the side door; that took me into the beer shop—Mr. Knight let me in, he was the only person I saw—I unpacked the stuffing box of the engine in the beer shop, at the top of the pumps—I was till twenty minutes to 1 o'clock before I had finished—from the time I began till that time all the pipes were unconnected with the pumps, and beer could not have been drawn—if anybody had drawn beer I must have seen it, but they could not—I had to go into the cellar; and fully cleanse the pipes—nobody came into the cellar while I was down stairs, or got put of it—I was down there nearly an hour and a half of the time—I was at work at the cellar ceiling, I had to unconnect the pipes, and make new joints—there was a pair of steps down into the cellar—I should have heard what took place in the beer shop—twenty-three persons could not have been there without my hearing it, nor three persons; I was right underneath, and was backwards and forwards to the beer shop all the time—I saw Mr. Knight's daughter once; she was going upstairs with a child in her arms—I saw no servant—Mr. Knight let me in, to the best of my recollection, and let me out—when I left, the engine was in a fit state to draw beer, but not before—I saw neither of Mr. Knight's lodgers; I saw his wife and his daughter, and Mrs. Mansfield—I saw no other persons on the premises.
Cross-examined. Q. I suppose you were paid for this job? A. I have never been paid yet; I am a good deal out of pocket—I was paid for this job to the pipes of the engine, on the same day; it was 3s.—the pipes were all out of order when I came; a little beer could have been drawn when I came, but I persuaded him to have them all done; no beer could be drawn after I had unconnected them—I did not see a servant girl there—I live at No. 39, Half Moon-street, but I have not been to my home since last Jan.—I see my daughter every night—I sleep at a coffee shop, because my wife's temper is so bad, I think it is better to do so than ill use her; I send money home every night; I have never been in prison—I was never charged with anything at Warwick.
COURT. Q. How many engines did you take to pieces? A. One; there were four handles to it, to draw four different kinds of beer—I took it all to pieces.
SARAH MANSFIELD . I am a widow. Mr. Knight is my son in law—I was at his house on Sunday, 14th. Jan.—I do not sleep there—I went at 10 o'clock, or a few minutes afterwards, and left after 2 o'clock, after dinner—I know that Morgan was at work on the beer engine, but I was only down stairs twice during that morning—my granddaughter, Mr. Knights daughter, let me in when I went—she will be seventeen years old next June—she is here—the servant girl was not there—I went there because one of the young children was ill—I am quite certain no servant was there—I went because there was no servant there—I dined in the bar parlour—I saw no customers come in—twenty people could not have come in without some noise, for it is a very small house—there were two lodgers there—there was no beer drawn while I was there, because Mrs. Knight said she could not draw me
any, as the engine was being repaired—I did not see Morgan leave—I did not let anybody in or out.
Cross-examined, Q. When did you go there? A. It might be 2 minutes after 10 o'clock—I went away at a little after 2 o'clock—it was Sunday, 14th Jan.—my daughter is here—she keeps the house—I am the mother of Mrs. Knight—the lodgers sleep in the clubroom—one was there last Sunday night, because I was there, and helped the bed down into the clubroom—I cannot say who made the beds.
LUCY KNIGHT, JUN . I am the daughter of John Knight, of the Royal Oak, remember Sunday, 14th Jan.—I was at hone all the morning—Morgan came to repair the engine, as far as I can remember, about 10 o'clock, and went about 12, or 20 minutes to 1 o'clock—I cannot tell in what state the beer engine was while he was there—I saw him up and down—two lodger slept there on the Saturday night—I saw no customers in the beer shop during that morning—I only let in my grandmother, and the man who came to do the engine—I let no customers in—I did not see twenty-three, people there—I saw the policeman come in, and saw him go out—I was there while he was there—my father did not draw a glass of beer while he was there—Morgan was repairing the engine while he was there—I did not shut the door in the policeman's face.
Cross-examined Q. This was 14th Jan.? A. Yes—one ledger was Mr. Bryant, and the other was a stranger—they slept in the clubroom—I and my mother made the bed.
LUCY KNIGHT . I am the prosecutor's wife. I was at home on Sunday, 14th Jan.—my mother, my husband, my daughter, and my little children, were in the house—there were two lodgers, but they went out in the course of the morning, about 10 o'clock, or half-past—I was up stairs most of the time, between 10 and 1 o'clock—we dined about half-past 1 o'clock—I came down several times, once while my husband was standing, with the door in his hand, to let the policeman out—I asked what was the matter, and he said that the policeman had just gone into the taproom—Morgan was in the cellar, doing something to the pipes—no beer was drawn after 10 o'clock that morning—twenty-three people could not have been in the house without my knowing it—during the whole morning I saw nobody but my own family and the policeman—we had no servant there; she left on the Tuesday before—I let nobody in or out.
JOSEPH BRYANT . I am in the employ of the Custom-house, at Gravesend, and come to London on Saturdays to receive my wages—I recollect 13th Jan.—I slept that night at Mr. Knight's, the Royal Oak, in the club room—I first went out that morning between 11 and 12 o'clock; I should say about a quarter to 12 o'clock—while I was there, I saw the man that came to repair the engine—I did not see the prisoner there at all—I saw Mr. Knight, Mrs; Knight, and their children, but no strangers—I saw no customers in the beer shop during the time I was there—I knew my fellow lodger by the name of Tom Wilson; he had worked with me, but had been discharged the last fortnight—he worked with me at Gravesend, and came up with me to receive his wages—I asked the landlord that morning if he Mould serve me with a little beer—I did not go to the engine, but I know that the handles were down, and the pipes exposed to view—I let nobody in or out, nor did I slain the door in anybody's face—I saw no servant there.
MR. METCALFE. (for MR. BALLANTINE. called the following witnesses for the defence.
Church-street, Bethnal Green, just opposite the Royal Oak beer shop—I was in Mr. Knight's service up to 16th Jan., as servant of all work—on Sunday, 14th Jan., after 10 o'clock, I was standing at the side door (the front door faces the top of Turville-street)—it is a corner house—I was standing there to let people in and out, and I did so—I remained standing there till about 11 o'clock—I cannot exactly tell how many people I let in, but about twenty—they were strangers; customers—I let some out—at 11 o'clock I was sent with Mr. Knight's child to its aunt's, a few doors off—while I left, the daughter, Lucy Knight, took charge of the side door—I was going back, and saw the policeman on the other side of the way; they call him Mr. Hall—he was in uniform—I did not go back, because the door was shut when the policeman was in the street—I knew that that was to be so—before I went out with the child, I had seen the policeman through the crack of the front door, for, as near as I can guess, above five minutes, and he moved away from the corner, and went round Nicholl-street, which would take him into Charlotte-court—he could still see the side door there—when I came back, after leaving the child, he was still against Charlotte-court—he had a view of the side door—I went up to my mother's, but before that I saw the daughter go in and shut the door—I looked through my mother's window, and saw the policeman knocking at the side door—I still kept looking, and Mr. Knight came up to the door, knocked at the door, and they let him in, and the policeman went in at the same time—I had seen Mr. Knight before that, he was in the street—he went into the street to watch for the police—he always used to go out on Sunday mornings to watch for the police—he had told me that morning to mind the door, to watch and see that I did not let any police in—I am certain that I saw Mr. Knight go up to the door, and that he was let in; it was not Mr. Knight who let the policeman in—I had seen the beer engine before I went out with the child; it was all right, as far as I know, and not taken to pieces—I know Morgan by sight as a customer—I did not see him there that morning, nor in the cellar; there could not be any one there; it was all in darkness—there is gas in the cellar, but it was not lighted that morning—the entrance is just by the side door, and I must have moved away, to let anybody go down by the flaps into the cellar—I could see from there if the gas was alight, because it would shine through the boards—at the time I went out to take the child, there were about twenty people in the house, as far as I could tell—they had been drinking there—I did not let any of them out before I went—I do not know where they put them to, when the policeman went up to the door—supposing people are put into the cellar, they can get through the cellar to the next door—I have seen that done—there was once a mode of getting through from the attic also—I mean it was done once—it is not true, that I was dismissed for stealing from my master: if he has said so, it is not true; nor was it for dishonesty—he made no charge of any kind against me, at the time I left—I went there at a moment's notice, and left at a few hours' notice—I went to my mother's, and went to work for Mr. Barrington four weeks afterwards—Mr. Knight knew I was there—he asked me last night if I was coming up here, he said, "Ann, are you going up to-morrow?"—I said, "Going up to-morrow, Mr. Knight? no"—he said that he had heard I was, and if I could not agree with the daughter, what did I want to injure him and Mrs. Knight for—I had not quarrelled with the daughter, but she did not seem to like me while I was there—he said, "If you do go up, it will be the worse for
you"—my sister works at the same place, and Mr. Knight and Mr. Barrington frightened her, and she came home very timid, and told us something which they had said, in consequence of which I said to Mr. Knight last night, "If I should go up, I shall not get two years"—he said, "Oh, won't you?"—I said, "No, not if I always speak the truth, I shall not get two years"—he said, what was Sailor Jack to me—they call the policeman Sailor Jack—there were no lodgers while I was there—I know Bryant, he came to the house sometimes, but did not sleep there—there was no room for any lodgers; I could not sleep there myself; I had to go home to sleep at my mother's—on one occasion, when Mr. Knight's sister came up from the country, a bed was taken off of Mr. Knight's bed, and brought down to the club room—that was only done on one other occasion, when I and the daughter slept there on Christmas night—Bryant did not sleep there the night before this matter took place—before and up to the time I went to Mr. Knight's, I lived with my mother—after I had been at my mother's, and seen the policeman go in, I went back to Mr. Knight's, and Mrs. Knight, I think, let me in—the policeman had gone then—Mrs. Knight appeared very angry about the policeman having been let in; she said, she thought we might have seen him coming before he got so near.
Cross-examined by MR. RIBTON. Q. How long have you been in Mr. Knight's service? A. Ten months; I went on 7th March—I was living with my mother—it is ten months and a few days, nine days—I say nine days because I was there ten months on the 7th Jan.—I did not count it up to-day—I left of my own accord, at a few hours' notice—I gave notice to leave because my mother wished me to learn a trade, India-rubber weaving, and I work at Mr. Barrington's now—I left Mr. Knight's on a Tuesday—he did not, to my recollection, complain of having lost money while I was there—he said he had lost half a crown once, but he found that again on the bed; when me and his little boy went up to look for it, he said he had found it on the bed—his daughter and Mrs. Knight were present when he complained of losing it—that was two or three months before I left—I swear that—I have no doubt of that at all—it was not on the very day I left that he complained of losing it—I never heard him say anything about losing money on the day I left—I swear that it was two or three months before I left—I took the child to its aunt, whose name is Mrs. Mansfield—I have not seen her here to-day—I left the baby there—I left about twenty people in the beer shop—I did not count them—I only just left the baby, and then went to my mother's—I was afraid to go into Mr. Knight's—the policeman knew that I was a servant in the house—I never did go in while I saw the prisoner in the street on Sunday morning—the moment I got to my mother's I looked from the window, that was to see whether the policeman went in—I did not see the twenty people come out—it was between twenty minutes and a quarter of an hour from the time I left with the baby till I saw the policeman go in—I am sure that that was on the 14th, because I left on the 16th, two days afterwards—I have heard lately that this case was before a Magistrate—I went to my mother's when I left—I did not know that Mr. Knight was summoned, till it was over, and then I heard that he had got Mr. Hall taken—I had not spoken to the policeman on that Sunday—a neighbour opposite, named Davey, first spoke to me about this—that was on Saturday last—that was the first time I said anything about this—I heard that Mr. Knight had brought the policeman before the Magistrate, and I knew that he was committed for trial—I heard that last Saturday—my master, Mr. Barrington, told me—that was the first I heard of it—Mr.
Knight asked me, at Mr. Barrington's, if I was coming up to-morrow—I did not ask him what he meant; my mother had heard—my master is not here that I know of—no one on the part of the prisoner has been to ask me to come here—the neighbour opposite brought me, Mr. Davey, a carpenter—I told him on Sunday night what I have told you now, and I saw him again on Monday—he talked to me about this affair, and told me to come here to-day—a gentleman named Mullinar took down in writing what I said—I went to the attorney's clerk—Mr. Davey took me on Monday night—I hare not a very good memory—what I said was taken down—I do not know the place where he lives—I could not find it out—I and Mr. Knight's daughter did not agree, we were very good friends for a bit, we never had words, but she did not seem to fancy me—I have had no money for coming here; yes, I have had 7s. 6d. from the gentleman who took it down—I do not expect to get any more, on my oath.
MR. METCALFE. Q. Did the gentleman who took down your evidence, the clerk to Mr. Medina, give you 5s. with the subpœna, and half a crown for your loss of work? A. Yes—this is the first day I have been here—the attorney did not come to me—I was taken to his clerk by Mr. Davey—I recollect 16th Jan. as the day I left, because my mother said, "You will leave on a very remarkable day, for this is the day that your father has been dead eleven years"—that impressed it on my mind as the day I left.
GEORGE DAVEY . I am a master carpenter, and live at No. 39, Turville-street, Bethnal-green, next door to the Royal Oak; I have lived there pretty well two years. I recollect Sunday, 14th Jan., quite well—I remember looking out at my window, about 11 o'clock, and saw the prisoner standing at the corner right opposite, in uniform, very attentively watching the beer shop—he remained there I dare say twenty minutes, as near as I can tell—he then went round Nicholl-street, and round to the back out of Charlotte-court—he could see the side door from there—while he was there, about twenty people came out of the side door of the public house—I did not count them—they came out one at a time, as if somebody was standing at the door passing them; and then there would be a pause, and then three or four more would come, and sometimes five or six at a time—I saw the constable at that time looking down from the court, and I said, "The constable can see them"—my attention was afterwards drawn to a paragraph in a newspaper by one of my workmen, and I thought of the day in question directly, because I thought I would notice whether the policeman summoned the man for it; I went to the Leman-street station to make it known, because I knew that the policeman was innocent—I was taken to an attorney's clerk, who took down my statement—I do not suppose I have spoken half a dozen words to Mr. Knight in my life—I have seen people go out of the attics—I saw them on the tiles, getting from one roof to another, when I came out of the water closet one day—I have seen people going from his house to the next house—I have no interest in this matter; I went up voluntarily—I never had a quarrel with Mr. Knight.
Cross-examined. Q. Did you go to the Magistrate's office when the prisoner was being charged? A. No; I went there since he has been committed, but not before—I did not hear anything of it till after he was committed, at least I heard of the summons against Mr. Knight, but I heard that it was dismissed—I heard that it was about serving beer on Sunday—I did not go and say anything when I heard that it was dismissed, I thought it had better stop as it was—Mr. Knight might have sold beer for twenty years, I did not want to injure him; but when I heard that the
prisoner was committed, I went to the station—I do not suppose I have seen the prisoner six times in my life, only by coming in and out—I live next door to Mr. Knight—I do not very often get my beer there, we do sometimes; we do not drink a great deal, we send sometimes to M'Cann's, and sometimes to Knight's—my window was open, and I was leaning out—I do not suppose Mr. Knight's house was above twenty-four feet from the policeman; he was standing at the corner nearly twenty minutes, or a little more, one way or the other—I do not know whether it was exactly 11 o'clock when I went to the window—I may have seen the servant girl Humm, but not to know her much—I did not notice her come out—I noticed nobody come out with a child; I was looking at the opposite corner to see if the policeman bobbed back again—I did not leave the window till I had seen about twenty people come out; I remained there a little better than twenty minutes—when the prisoner was gone, as I thought, they let the people out, but he was not two minutes before he was round again—I said that I saw him at the corner twenty minutes, as near as I could tell—the policeman was not at the corner when the people were coming out—when he went away from the corner, nut two minutes elapsed, I was surprised to see him round so quick—I did not see any people go in, only coming out—a solicitor, I think they termed him, took my evidence down in writing; I was directed to him by a policeman from the station—I went to the solicitor on Tuesday, yesterday week, that was the first time I saw him; it was not last Friday that the prisoner was committed, it was in last Monday week's paper, which I was referred to—the solicitor said that he would put down what I could say, if I had no objection—I had no money, not a farthing, I went voluntarily—I have not been promised any—I am in work, but am not able to follow it up because my hand has got poisoned, or got a splinter in it—I know the girl Harriett Humm, but have never hardly spoken to her, only. just to nod and pass the compliments of the day—I have spoken to her since this case has been on, but hardly ever before—I did so one day last week, I think it was Friday—she said, "It is a bad job about this policeman"—I said, "Yes"—she said, "I should like to go, and make known. what I know of the case;" I said, "I have done it myself," and she said that she should like to go and state what she knew—I said, "I will take you to where I went," and I did take her—I did not go to her, she was talking to my mistress at the door, and they together brought up the case—I think it was last Thursday—I do not know whether my mistress called her or not, but they were talking at the door—I know that this was on Sunday the 14th, because I looked particularly, to see whether the policeman would summons him for that day—my attention was drawn to it after I heard that the summons was dismissed—that is four or five weeks ago.
MR. METCALFE. Q. Are you a married man? A. Yes, with a family—I had not made any communication to the solicitor before the prisoner was committed—he was committed, I believe, on the Saturday, and this was on the Tuesday following—I had said nothing to the solicitor before that—there was an examination on the Saturday, and then he was finally committed on Thursday, and on the Tuesday before I made the statement to the solicitor—he said, "I shall want you as a witness." and I said, "I will come up"—the man was standing about twenty minutes at the corner of Nicholl-street—he ran round, and, seeing he had left, they let these twenty people out, and when I turned my head there was the policeman looking at them.
MR. METCALFE. to HARRIET HUMM. Q. Had you any conversation With
Hall? A. No—I did not know him in any way—I have no interest in him.
MR. METCALFE. to MR. HURLSTONE. Q. Was evidence tendered to the Magistrate at the police court on the part of the prisoner? A. Not the slightest—Hall had neither any witnesses there, nor was there the slightest intimation of it—I think he had no one to appear for him at the time the depositions were taken—the evidence was fully and entirely taken on the 17th or the 16th—it was late in the day, and they could not be reduced to formal depositions, and he was remanded to that day week, when the depositions were by my own hand transcribed—on that day he was remanded only for the purpose of committing him, and Mr. Medina's clerk came and urged very strongly to Mr. Hammill that he had evidence to produce, bat Mr. Hammill declined to bear it.
MR. RIBTON. Q. When was that? A. The last day, the day of the committal—my impression is that it was on Thursday—this is the summons for the perjury (produced, dated 3rd Feb.)—the first examination was on Friday, the 16th (looking at his book), and he was remanded for a week, to Thursday, the 22nd, on which day he was committed, and it was that day that I saw Mr. Medina—he had neither attorney nor counsel before that—he would have been committed that day, but there was no time to complete the depositions.
MR. METCALFE. Q. When was the time of the dismissal of the original complaint? A. Friday, 26th Jan.
ANDREW GERNON . (police inspector, H.) The prisoner was in my division seven years and nine months—I always considered him a very respectable and efficient officer—an officer in his position, who makes a complaint against a house for Sunday trading, has nothing at all to get by it; it is only the discharge of his duty.
Cross-examined. Q. How long have you been in the police force? A. Twelve months an inspector—I never knew complaints made against the prisoner except on one occasion, for not taking a man in charge for an assault—he has nothing to receive from the force, for complaints of this kind—I have never heard of policemen getting money from publicans; I swear that—if I had I should report him—it would be my duty to do so.
MR. METCALFE. Q. A policeman who did so would be at once dismissed from the force? A. Instantly.
JAMES M'BRIDE . re-examined. I cannot positively state the date, but I have a recollection that a few days after the dismissal of the summons an application was made; but in consequence of another Magistrate presiding on that occasion, he declined to interfere, and the matter was referred to Mr. Hammill.
JURY. to WILLIAM MORGAN. Q. Are you sure of the date? A. I have no memorandum with me of it—I made no memorandum at the time—I am sure I went to the police court on the Thursday following the summons, but I was not examined—I was examined on the 26th.
JURY. to JOSEPH BRYANT. Q. Have you any memorandum of the date of the night you slept there? A. No.
GUILTY. Aged 30.— Strongly recommended to mercy by the Jury, who requested the Court to be as lenient as possible. MR. METCALFE. requested that the sentence might be postponed, that the matter might be inquired into; in which request MR. RIBTON. concurred.—Judgment Respited.
OLD COURT.—Thursday, March 1st, 1855.
PRESENT—Mr. Justice WILLIAM.; Mr. Ald. HUNTER. Mr. Ald. FINNIS. Mr. Ald. ROS.; and RUSSELL GURNEY. Esq.
Before Mr. Justin Williams and the Second Jury.
362. GEORGE DANIEL NORTH was indicted for feloniously setting fire to a certain chapel, belonging to James Whatman Bosanquet, with intent to injure him.—2nd COUNT. describing it as a certain house.—3rd COUNT. as an outhouse.
MESSRS. BODKIN. and POLAND. conducted the Prosecution.
JAKES WHATMAN BOSANQUET . Esq. I have an estate at Clay-hill, in the pariah of Enfield—the chapel in question is in that parish, and on those grounds—it is my property; it is used as a chapel, and in my occupation—I believe it was originally an outhouse, attached to a former residence, which has since been pulled down—it stands upon the land, in grounds attached to my own house, about 200 yards from my dwelling house—there is a path leading direct to it from my dwelling house—it has been used for the purposes of divine worship for the last four or five years, up to the Sunday before the fire, according to the rites of the Established Church, the Vicar Minding his curate to perform the service every Sunday down to the Sunday before the fire—on the day of the Census the congregation consisted of 110 persons; the average attendance is from 70 to 80—the parish church is two miles off—I fitted up the chapel with open seats, a pulpit, and reading desk—there is no communion table; the communion is not administered there—the building is not consecrated, or licensed; it was put to the Bishop whether it was necessary, and he considered it was not—the arrangement has the sanction of the Bishop of London—the Vicar has officiated there—it is open to anybody; there is no payment for sittings; the doors are open during the whole time of divine worship (MR. JUSTICE WILLIAM. expressed tome doubt whether a chapel of this description, neither licensed nor consecrated, came within the statute; and if it became necessary would consult the Judges on the subject)—there was a charcoal stove, it stood in the centre of the chapel—it had no chimney to it; we burnt prepared charcoal, therefore there was no effluvia from it; it stood upon stone—it was always lighted on the Sunday morning—the fire happened on a Friday; there had been no use made of the chapel since the previous Sunday—I know the prisoner; he was in my service for about three year; he left last Sept.; I discharged him—there had been a fire on my farm buildings a week before I discharged him—he had been taken into custody, and was discharged by the Magistrate—on Friday, 26th Jan., about 10 minutes to 7 o'clock in the evening, I was about to leave my house, when an alarm of fire was given—I immediately proceeded to the chapel, which I heard was on fire—(referring to a plan) I went by this path, which leads direct to the chapel; it goes by the side of the orchard, and comes up to the back of the chapel—the flames were coming out of the windows; the whole building was in flames—I observed footmarks in the snow—I think I was then immediately in front of the chapel—the letter E upon the plan does not represent where I was; I stood a little further forward, towards the road—a pathway had been swept, and I stood in the swept part of the path—there was snow on each side the path. about three inches deep—the footmarks that I saw were leading directly up
towards the door of the chapel—the pathway was swept between the chapel and where I was standing; the footmarks ended where the snow ended—they were in a direction from the wall towards the chapel door; they were the footmarks of one person—I traced them as close as the snow permitted; the toes of the footmarks were towards the chapel, and also turned the other way, as going back again; there were two lines; the width of the swept path in front of the chapel was about two feet, I should say—the footmarks did not come within two feet of the chapel; the walk is about eight feet wide in front of the chapel; they came up to the end, and there was a line of footmarks returning in the opposite direction—they were the same foot. marks—there is a shrubbery in front of the chapel, extending down to this gate, on the plan—on seeing the footmarks, I walked by the side of them as far as I could on the path, and then I walked also on the snow towards the wall, until I could see over the wall, and saw some persons standing on the other side of the wall—I did not go quite so far as the wall; it is ten feet high from the road; it is not so high on the inside as the ground is raised—I traced the footmarks into the shrubbery; I went partly into the shrubbery; the wall I speak of is in front of the chapel, next to the road, including that part of the shrubbery—I did not at that time pursue the marks further that way—I did not notice whether there was snow in the shrubbery until a few days afterwards—I was about five minutes in going from my house to the fire after the alarm was given me—I did not see any person there—I desired a person named Blendall to see that nobody trod upon the footmarks, so that they should not be interfered with—I gave directions for the prisoner to be taken into custody—a policeman came, and I desired him to ascertain where he was, and to bring him there if possible—he was brought there in about ten minutes; it might have been more; his boots were taken off by the policeman by my direction, and in my presence—(looking at a pair of boots produced by Davis, the policeman) these are the boots—at this time several persons had assembled on the spot; Mr. Heath, the vicar, was not there at that moment, he came up afterwards—Mr. Esdell was there very early—I saw the policeman compare the prisoner's boots with the footmarks—he took the boots and pressed them into the snow, by the side of three of the footmarks, and they appeared to correspond exactly—there were about a dozen footmarks I should say, but he made new impressions by the side of three of them—the boots are rights and lefts, and so were the footmarks—upon observing that they agreed, I desired the policeman to drop the boots into the three prints; he dropped them lightly in, and they were found to fit; that was only into three, and after the impressions had been made by the side, he left the other impressions untouched—I then observed, "Do not let it rest on my testimony, or on the testimony of the police;" and I asked the Vicar and Mr. Esdell to judge—on Saturday last, I set some workmen to clear out the chapel, and they discovered a hassock, or the remains of one—I was not there at the time—they placed it in the position where they found it, under the staircase, leading up to a gallery; it had been burnt, and was very nearly destroyed—that was not where hassocks are ordinarily kept—Walker is the person who showed me the hassock—the windows of the chapel are within three feet of the ground—the prisoner had the care of the chapel for the last year he was in my service, up to the time of his discharge; it was his duty to sweep it out, and light the candles.
Prisoner. Q. What time was it when you first heard of the fire? A. About ten minutes before 7 o'clock, I think; I was going out to dinner,
and my carriage was at the door—I had ordered it to be at the door at a quarter to 7 o'clock—I was in my drawing-room, preparing to step into my carriage, when I was told of the fire—Alsop told me of it; he rushed into the room, and said the chapel was on fire—I went into my room and put on a pair of India-rubber shoes, put on my cloak, put Mrs. Bosanquet into the carriage; she was going out to dine; and then I immediately walked to the fire—I think it could not have been above five minutes; it may possibly have been more—I went up the long walk by the stables, through the rose walk, and then to the front of the chapel; I rather think I walked round the chapel—when I got there, the flames were coming out of the top windows—I did not go very near the building, because it was dangerous to do so; I went within about three or four yards of it—I then went in front of the building, and seeing the footmarks, I traced them towards the wall—I went on the footpath as far as it would lead me, and then I went on the snow towards the wall—I fancy there were about twelve footmarks in the snow when I saw them, between the chapel and the shrubbery, as far as I traced them—I did not trace them up to the wall; I should think I traced them for about twenty yards, or not so much; fifteen' I should say—I had not been up that way when I came from London—I think I might have been there five minutes before anybody came; I cannot be quite sure as to the time—I walked round, and I walked up and down the swept walk; how long that consumed I do not know—it appears that I met Blendall in the rose walk—I fancied that he had come across the park, and come close up to the chapel; I do not recollect exactly where I first saw him—the rose walk is part of the walk leading from my house to the chapel—when I first saw Blendall, I said to him, "Blendall, there are foot-marks leading towards the chapel, watch them, and see that nobody goes across them"—I cannot say when I came away whether anybody –did interfere with them or not—when I returned to the spot, a gentleman had got over a low fence at the side, and was coming across the footmarks; he was coming towards the footpath, and I called out to him to keep off—he did not come over the wall—I think I was able to stop him from coming across the foot marks—I desired him to go back immediately—he seemed so bent upon coming on the place where the marks were, that I am afraid I was rather rude to him, in desiring him to retire—I did not tell him not to touch the fire; I said nothing about the fire that I am aware of—I do not know the boots produced; I am not aware that I ever saw them, except upon your feet—they are the same sort of boots that I wear, but whether I ever wore them, I really cannot say—no; I think I can say certainly not, from the nails—they are precisely the same sort of boots that I wear, except the nails—I will not say that they may not be an old pair of mine—I never had such nails in my boots—something must have been done to them since I left them off—I could not observe any impression of the nails in the snow—as far as I could see, both before and after the boots were put into the impressions, there was no impression of nails at all; the snow would not take the impression—I am sure that before the boot was put into the footmark, an impression was first made by the side of three of the footmarks—some of the footmarks were more distinct than others—the three that were the most distinct, were the three that were first compared—I think Mr. Esdell had seen them before the boots were put in, and the policeman must have seen them, because he had the boots in his hand—I did not take them myself—they were dropped in very cautiously—I cannot say whether the nails would mark; I can only say that I did not observe
any marks of nails in the snow—I am quite sure that I saw no marks of nails either before or after the boots were fitted—I went away from the fire before the policeman came to me—I went away to search for somebody, and left Blendall to watch—the policeman came up after Blendall and I were standing in front of the chapel—I first went away from the chapel, met Blendall, and we returned together to the chapel, and the policeman then came up to us—I was very careful in standing on the part of the path that was swept; I never left that; I walked backwards and forwards towards my house several times, but was very careful not to go on the snow, except on the first occasion, when I traced the footmarks towards the wall.
Prisoner. Then it seems to me, that when you first went to the fire you made your way round the chapel, and went across the snow to the road to see if you could Bee anybody, and then came back and could not tell your own footsteps. Witness. I cannot agree to that—I am quite sure that I had not been on the place where these marks were—I should doubt whether my toe would go in the footmark—I have got on now the identical slippers that I put on over my dress shoes, and this is the boot I had on at the time (the witness handed them to the Jury, who compared them with the prisoner' shots)—I am not aware that you were dishonest while in my service—I never found you intoxicated on my grounds, but I have found you intoxicated off them—I was quite satisfied with you as long as you were in my service.
MR. BODKIN. Q. The first thing you did, as I gather, was to go along the rose walk, and to go round the chapel? A. Whether I went on the walk in front first, or round the chapel, I cannot say, but I did go round the chapel—in doing so I kept on the path—the path was not swept ail round—I think I went all round—the part not swept was totally distinct and separate from the place where the footmarks were—I have no doubt whatever that I did not go on the part were the three steps were, but when I got near the shrubbery I was obliged to go on to the snow, because it was not swept there—I could hardly have been gone three minutes before I returned with Blendall—I told him to watch the footmarks, and then I think I went away again for two or three minutes in search of a policeman—I then returned, and waited till the policeman came up—the footmarks were exactly in the same state as when I first saw them, and so they were when the prisoners boots were taken off to compare with them—the first thing that was done was to make an impression with the boot alongside of one of the impressions—I could not see any mark of the nails in the impression then made by the prisoner's boot, merely the outline—I do not think I was more than five minutes after receiving the alarm before I got to the fire—the nature of the communication would hasten me a little.
COURT. Q. At the time you first observed these two lines of footmarks, going and returning, did you see any other footmarks on the snow? A. No—I could only see those two tracks—I can say, with perfect confidence, there were no others.
THOMAS BLENDALL . I am a carpenter, and reside at Clay-hill, Enfield. I have had the charge of Mr. Bosanquet's chapel for nineteen weeks—my wife had the cleaning of it, and I used to go every Sunday to light the fires—the hassocks were kept in the middle of the chapel, there were none kept under the staircase—I heard of the fire on the 26th Jan,—I was at home when I heard of it, just going to have my tea—I directly jumped over Mr. Bosanquet's fence, and ran straight across to the chapel, right across the park—it was about five minutes to 7 o'clock, I should say, when I got
across the park—it was a five foot fence that I jumped over, just in front of my house, which stands sideways to the chapel—I got to the rose walk in Mr. Bosanquet's grounds—I did not see Mr. Bosanquet there, or any one—I met him just against the stable yard—I did not go with him to the chapel—I told him there were some footmarks—I went first to the chapel, and he followed—when I got to the chapel I saw some footmarks—Mr. Bosanquet directed me to watch them—I did so until the policeman came with the prisoner in custody—during that time nobody had interfered with them, nor had I—there was one track of footmarks to the chapel, and another track from the chapel towards the wall next the road—I was not present when the policeman took off the prisoner's boots—I saw them compared—the policeman brought the shoes up, and he fitted them, and the shoes fitted the marks—I saw him put the shoe into the mark—I did not get over the fence anywhere near the footmarks—I came sideways to them—I got over the fence near my house, and came across the park, not near the footmarks—my house is not five minutes' walk from the chapel.
Prisoner. Q. What time was it when you were told about this fire? A. About ten minutes to 7 o'clock—Henry Hobson's wife came and knocked at my window shutter, and told me of it—I came out and saw her, and said, "What is it? is that the chapel on fire?"—she said, "Yes," and I jumped over the fence and went right straight to it the nearest way, across the park—I did not go the rose walk way—I came up to the chapel just against the front door—I should say I stopped at the chapel two hours—I was not there two minutes before I saw Mr. Bosanquet—I met him just against the stable yard—I went from the end of the chapel and down the rose walk to the stable yard—I spoke first to Mr. Bosanquet—I said, "It is a sad thing, Sir, the chapel is on fire; you can't do any good to stop anything"—he said, "No; make haste back, and stop and take care of those footmarks"—he did not go up to the chapel with me then, he was looking for the policeman to come up—I cannot say to a minute or two how long he was before he came up to me, but I should say five minutes, or something like that—my wife came the same way I did, over the fence—she had been in the house about ten minutes when they told me about the fire—I cannot say whether the policeman came up to the fire before Mr. Bosanquet left the fire again, I am not sure—I did not hear Mr. Bosanquet address the people, and tell them not to touch the fire—I stood by the marks, there was nobody nigh me—I could not see the impressions of any nails in the footmarks—I cannot say whether, when they compared your boots with the footmarks, they made marks by the side of the impressions—there were two rows of footmarks, one backwards and one forwards.
MR. BODKIN. Q. Did you see those footmarks before you saw Mr. Bosanquet? A. Yes; he was not there when I first got there, I met him as I returned; he was coming up to the fire—I spoke to him, and told him there were some footmarks there—he said, "Is there anybody there?"—I said, "No;" and he said, "Make haste up there, and stop there"—he came after me directly.
RICHARD LONGSTREET DAVIS . (policeman, 366). I am stationed at Enfield. On 26th Jan., I heard a cry of fire in the neighbourhood, in consequence of which I went to Mr. Bosanquet's chapel—I found Mr. Bosanquet there, Mr. Esdell, and Blendall—Mr. Bosanquet pointed out to me some footmarks on the snow, there were upwards of a dozen marks; they were leading from the fence which joins the wall, up to the chapel, and back again—a person getting over the gate at the end of the shrubbery marked
D on the plan, would be able to get to where I saw the footmarks, by coming through the shrubbery, and along the side of the fence—some time afterwards I found a footmark there, but I am not positive to its being the same footmark, it looked like it—there was no snow for about twelve or thirteen yards, from the chapel up to the gate—I traced the footmarks nearly as for as the snow went, but a great many persons got over the wall afterwards and obliterated them—when Mr. Bosanquet first pointed the footmarks out to me, I traced them within about eighteen inches of the wall; I went no further than that, at that time—there were two tracks of footsteps, one track leading from the wall and fence up to the chapel, and one going back again—Mr. Bosanquet desired me to take the prisoner into custody; I went towards his house, which is next to the Rose and Crown, and met him coming up towards the fire—I told him, I wanted him to go with me—he said, "What for?"—I said, Mr. Bosanquet wished to speak to him—he said, "Oh, very well, I will go, then"—a few minutes after he said, "Mind, this is not the first time you served me this way, not you, but others; but this will not pass off so easily"—I had said nothing to him before he said that, beyond telling him that Mr. Bosanquet wanted him; I bad not told him for what Mr. Bosanquet wanted to speak to him—we walked together up to the fire—when we got to the stable gate, marked F on the plan, the prisoner stopped suddenly and said, "I have been ordered not to go on to these premises"—I told him he could go with me, and the other constable; I then continued my walk up to the chapel, with him; we went through the stable gate, and through Mr. Bosanquet's grounds, through the shrubberies, down the footpath, and up to the back of the chapel, the chapel was burning at that time—I found Mr. Bosanquet there, Mr. Esdell and Blendall—the Rev. Mr. Heath, the Vicar, came up soon after—I proceeded to take off the prisoner's boots—we were under a tree, fifteen or eighteen yards from the chapel at the side of it—neither I nor the prisoner had gone upon the part, where I saw the footmarks—it appeared to me that the footmarks were then in the same state, as when I had seen them before; just the one line to and fro—I first tried the left boot in one of the footmarks, and found it was exactly the same shape and length—I then tried the right boot with another mark, and I then made four or five impressions close by those, with the boots; I made those impressions about five, six, or seven inches away from the others; so as to be away from the line—I made those impressions opposite to the marks that I had not tried, as well as opposite to the marks that I had tried, they appeared to me to correspond in all respects—Mr. Esdell had an opportunity of seeing them as I made them, and so had the Vicar after he came up—I went there again three or four hours afterwards, and again in the morning about a quarter or half past 8 o'clock—a good many persons had been there by that time, but I did not notice any fresh marks along that line of footmarks with which I compared the prisoner's boots—I then compared them again carefully by daylight, and they exactly corresponded—I did not examine them with the boots then—the outer part of the heel of the boot is worn away more than the inner part, and the inner part made a deeper impression; and the upper leather bulges and leaves a mark—I noticed that in the footmarks where the snow was deepish, it just left the exact impression as those that I made with the boots—that was the case with the heel of both boots—I did not notice that at the time I made the impressions, but next morning—that was the case with the whole of the impressions, those that I had not interfered with as well as the others
—the prisoner was upwards of 250 yards from the fire, when I met him—the fire could be plainly seen from where he was—he made no observation about it.
Prisoner. Q. Where were you when you first heard of the fire? A. At home, in New-lane—I heard some one in the street, crying, "Fire!"—I looked out of the front door, and then I saw the fire blazing—I do not suppose I was a quarter of an hour going to the fire—when I got there I saw Mr. Bosanquet in front of the chapel, Mr. Esdell was with him; Mr. Bosanquet said to me, "Policeman, I wish you to look at these footmarks"—there was no other policeman there then—I did not see one coming along, I met the other constable between the fire and your house—he did not go up to the fire with me, he passed me and went on towards the town, and I went towards the fire—I stopped at the fire about five or ten minutes—I went through Mr. Bosanquet's premises—I do not recollect seeing any one as I went along from the gate to the fire—I saw no other footmarks in the snow anywhere near those—I am quite sure there were no others near when I first saw them—I took particular notice of the impressions of nails, I am positive of that; I took notice of the bottom of the foot, nothing could be seen of the nails at the bottom of the foot, nor in the impressions that 1 made: the boots were wet at the time—the fresh impressions that I made did not show the marks of any nails.
JURY. Q. Was it freezing on that night? A. Not at that time.
JAMES HODGE ESDELL . I am an auctioneer and land surveyor, residing at Enfield—I made the plan that has been produced, it is correct; the measurements are correct; this other plan is also correct—on the day in question, I went to the fire at this chapel—I saw Mr. Bosanquet there—the constable was not there when I first got there; I saw him before he went for the prisoner; I did not see him come up with the prisoner—when I first saw Mr. Bosanquet, he was watching some footsteps in the snow, which he pointed out to me—after Davis the constable came up, I saw some boots compared with those footmarks—I also saw some impressions made in the snow with the boots—I made some myself, they exactly corresponded with the impressions in the snow, that had been pointed out to me by Mr. Bosanquet.
Prisoner. Q. Where were you when you first heard of this fire? A. At the Rose and Crown—it was about five, or it might be ten minutes, before I got to the fire—I went up the road, and through the gate marked F, that leads to the stable yard—I did not see any one in going from there up to the chapel—I found Mr. Bosanquet in front of the chapel, watching the footsteps—there was another person there, I did not know him—there were several persons standing on the further side of the chapel, in the park or paddock—I went round the chapel, or rather round the garden, not immediately round the chapel—I did not notice any footmarks round the chapel; I did not examine the chapel to see whether any windows or doors were open—I did not hear Mr. Bosanquet address anybody not to touch the fire or go near it.
COURT. Q. Were the footmarks with which the impressions made by the boots corresponded, the same that the boots had been put into? A. I cannot say, because I was not there when the boots were first made use of.
MR. BODKIN. Q. How many footmarks did you notice a comparison with? A. I should think seven or eight—I mean new impressions by the side of the old ones—they all appeared to me to correspond; I followed the footsteps with the policeman to within about a yard of the fence.
REV. JOHN MOORE HEATH . I went to the chapel some time after the fire, the engine had left the place when I arrived; the policeman was there; I went there with the policeman—Mr. Esdell made an impression with the prisoner's boots in my presence—I do not think it was the policeman, but I am not sure—I saw two footmarks near together, and by the side of those I think Mr. Esdell made a fresh impression—they appeared to me to correspond exactly—I do not think the boot corresponded with one better than with the other—I saw some one, I think Mr. Esdell, place the boot into what I was told was an original impression, and shortly after I saw him make another impression, and in my opinion the shoe corresponded with one exactly as well as the other—I do not think I saw a comparison made between a fresh impression, and one of the original ones that had not been interfered with.
HENRY WALSH . I am eight years old, and live with my uncle; he is a foreman, and lives at Mr. Gray's cottage, at Clay-hill. I remember the afternoon that the fire happened at the chapel—I was going home about 5 o'clock—I know Walker's cottage—I was going from there by Mrs. Ramsay's gates—as I was going along I saw the prisoner—I did not know him before—I saw him again at the police-office—he was going the same way that I was—he overtook me near Walker's—he asked me if I had got any lucifers—I said, "No"—he asked me to go into Mr. Walker's cottage, to see if they had got any lucifers to light a gentleman's pipe—I went in, and found they had not got any—I came out again and told him so—he said, "Go up to the Fallow Buck, and see if they have got any lucifers"—the Buck is a little farther on than Mrs. Ramsay's—I did not go there, I went home—the prisoner had a pipe in his hand like this (produced)—he had no barrow—I left him against Mrs. Ramsay's first gate.
Prisoner. Q. What did I say to you when I met you? A. "Make haste home"—you met me against the first little cottage, near Walker's, on Mrs. Ramsay's side—you then asked me, "Have you got a lucifer?"—I said, no, and you asked me to go into Mr. Walker's cottage to see if they had got one, to light a gentleman's pipe—just before you asked me to go up to the Buck, I heard a man speak to you, and call you George—when I left you you were against the last gate by the brick wall—I went on to the Fallow Buck—I did not go in—I do not know which way you went.
COURT. Q. At what time was this? A. About 5 o'clock.
WILLIAM WALKER . I reside in a cottage at Enfield, about sixty yards down the road from Mr. Bosanquet's chapel, and on the other side of the way; it is nearly opposite a gate and entrance leading into Mr. Bosanquet's premises. I remember the night of the fire—the boy Walsh came to my cottage and asked me for a lucifer fur a gentleman—I had not got any in the house—he then left—I told my daughter to screw a bit of paper up and take a light outside—she did so, and went outside, but could not see any one—she came back again with the paper in her hand—about two minutes afterwards the prisoner came in, and asked me if I would let him light his pipe; I did so—he lighted his pipe—I asked him where he was going to—he said he was going up to Mrs. Ramsay's—she lives up the road, on the same side of the way as my cottage—he was only at my cottage just while he lighted his pipe, he then left—after he was gone, I told my daughter to go out and see which way he had gone—she returned, and said something to me, in consequence of which I afterwards went to the door and looked out—I looked both up and down the road, but did not sec any one—I looked up towards Mrs. Ramsay's—I did not see any one there—I could see as far
as her gate—I remained at the door, I dare say, nearly half an hour; during that time I only saw one person, Henry Robinson—some time afterwards I saw the prisoner pass with a barrow towards Mrs. Ramsay's—I bid him good night—I then went in doors—I afterwards learnt that the chapel was on fire—I afterwards searched the ruins—it was last Saturday, I think—I searched the rubbish under the staircase—I found there an old kettle, or something that they use to put charcoal in, and a bit of a hassock, very much burnt; I could only just see the print of it, I mean the platting—it was only a bit of a hassock and some hay—it was all moulded away, by being burnt—the hassock had been stuffed with hay.
Prisoner. Q. What day was it that you say this lad came into your house? A. On the 26th Jan.—it might be about a quarter after 5 o'clock, but I cannot say the time exactly—it might be about five minutes after the boy came that you came in—I sent my daughter out to see which way you had gone, because I thought you were not going up to Mrs. Ramsay's—I am sure it was last Saturday that I was employed to search the ruins—I began against the door—the matting was under the staircase, and some hay which the hassock had been stuffed with—the rubbish was removed before Mr. Bosanquet saw it—not all of it—it is not all moved now—the iron tiling that the charcoal was in, was moved.
MR. BODKIN. Q. Do you remember showing these to Mr. Bosanquet? A. Yes—I showed him the hassock in the same state as I found it, as nigh as we could—it was under the stairs.
CHARLOTTE WALKER . I am twelve years old—I live with my father opposite Mr. Bosanquet's grounds—I remember the boy, Walsh, coming to our cottage for a lucifer; we had not got one—after he was gone out, I lighted some paper, and took it outside; before I got to the gate it went out—I did not see any gentleman outside; I did not look to see—I saw the boy; he was going out of our yard—I did not see anybody else there, because I did not go so far as the gate—the boy went in the direction of Mrs. Ramsay's—I did not see him join anybody, or speak to anybody—I came in again—soon after, the prisoner came into the cottage for a light; he lighted his pipe—I heard my father ask him where he was going; he said he was going up to Mrs. Ramsay's—when he went out, my father told me to watch where he went—I went to the gate, and looked up the hill and down, but I saw no one going either way—I saw somebody jump over Mr. Bosanquet's fence; it is a wooden fence—there is a gate nearly opposite our cottage—it was facing Mr. Walsh's cottage that I saw the man jump over the fence—the cottages are two together—that is not the Walsh belonging to the little boy—Walsh's cottage is opposite the gate; it was opposite Walsh's that I saw the man get over the fence—I did not see his face—I did not see enough of him to judge who it was—I then went in and told my father what I had seen—my father went to the gate, and stood there a good while.
Prisoner. Q. What day of the month was it when this boy, Walsh, came and knocked at your door? A. The 26th Jan.—I cannot say what time it was; it was the same night that the chapel was on fire—the boy said, "Please, Mr. Walker, have you got a lucifer to give to a gentleman outside;" my father said he had ne'er a one—it might have been five or ten minutes after that that you came in—you did not knock at the door; you opened it, and said, "Please, Walker, will you give me a light?"—you said nothing more—you asked for a piece of wire or stick to clean out the stalk of your pipe—I do not know which way you went when you went out of the house—as noon as you shut the door I went up to the fire-place, and my father
said, "Go and see which way he is gone," and I went directly—I looked up the hill and down the hill, and could not see any one either way—I am quite sure I saw some one jump over Mr. Bosanquet's fence—it was over the gate; it is the same thing—I did not look down the narrow road close by our house, that goes to Mrs. Ramsay's field.
MR. BOSANQUET. re-examined. The gate opposite Walsh's, marked D on the plan, is rather lower than the paling; it forms a continuation of the fence—it is boarded the same as the fence—it is a double gate for a cart, but corresponding with the fence, and of the same kind; it is about six inches lower than the fence—the wall comes about twenty yards from that part of the road which is opposite the chapel; then the wooden fence is continued from the wall to the gate, which is a distance of about thirty yards—nearest the wall the fence is the same height as the wall, but it gradually slopes down towards the gate—I believe there is a way leading between the cottages to Mrs. Ramsay's field—I believe it is a cartway; it is not a road that is used—I have never been that way myself—I believe there is an opening between Walsh's cottage and Hobb's cottage, down which a person might go if he liked.
MR. ESDELL. re-examined. I am acquainted with the opening by the side of Hobb's cottage; it leads into a field about forty yards down—it is an occupation road for that field only; it is not a way of approach to Mrs. Ramsay's—Mrs. Ramsay did occupy that field; she does not now—a person could not get to Mrs. Ramsay's house by going down there.
WILLIAM WALKER . re-examined. I stood a good while at my door looking up and down, and after I had been there about half an hour, I saw the prisoner coming up with a barrow; he was facing my house—when I first saw him, he was further down the road than the lane by the side of Hobb's cottage.
EDWARD BLANE . I am coachman to Mrs. Ramsay—I remember the prisoner fetching some boxes from our house belonging to a servant who was going away; it was the same evening that the fire took place—I saw him come in by the stable gate, adjoining the road which passes Walker's cottage—he was wheeling a barrow—he came into the yard where I was—I had not seen him there before in the last hour or half hour—this was about five minutes past 6 o'clock—I did not see him go away; I only met him coming into the yard as I went out.
THOMAS THRUSSELL . I am in Mrs. Ramsay's employment I remember the prisoner coming there with a barrow on the night of the fire—I did not see him come in—I helped him load his barrow with some of the servant's boxes—he went away at 25 minutes past 6 o'clock, wheeling the boxes in his barrow.
HENRY HOBSON . I am a labouring man, and live at Clay-hill, Enfield On the evening of the fire, I met the prisoner as I was going home—he was going towards his own home—he had a barrow with three boxes on it—it wanted about 20 minutes to 7 o'clock—I stopped and spoke to him—I was asking him what the young woman was leaving her situation for, and he said, "Listen at the fireworks," and I saw the sparks from the fire up above the trees, and heard the crackling of the fire—I passed him, and went on towards the chapel, and saw it on fire—he was about 150 yards past the chapel when I met him—I had not stood with him above two or three minutes when he said this—he was stopping to rest himself with the barrow—this was about 100 yards from his house—I saw him start on towards his own home with the barrow and boxes.
WILLIAM TAYLOR . I am a labouring man, living at Enfield. I saw the prisoner on the evening of the fire, about thirty yards this side the Rose and Crown, near his own house—he had a barrow with him—I could see the fire—I asked him where the fire was—he said he did not know—I said, "You must know"—he made no answer—I said, "It must be Mr. Short's house"—he said, "I know it is not; the fire is twenty miles off."
Prisoner. Q. What time was it when you met me? A. About half past 6 o'clock—you said nothing to me: I spoke—when I said, "It must be Mr. Short's house," you did not say, "No; if it was we should see it more plainly"—you said it was twenty miles off.
Prisoner's Defence On Friday, 26th Jan. last, about the hour of 3 in the afternoon, I went into the Fallow Buck with Mr. Page, Mr. Bosanquet's carpenter; I saw Mr. Mann, and said to him, "You have not had your geranium plants which I promised you, but you shall have them this afternoon if you will go down with me;" he did not go with me; I went down alone, and got them ready; I went up again, and found he had left; I lighted my pipe there, and went home again; on my way my pipe went out; I shortly afterwards met a little boy, by Mr. Walker's house, who was walking from school; I said to him, "Have you such a thing as a lucifer?" he replied, "No;" I asked him would he be so kind as to go to the house and beg one for me; he then went in, and said, "Who shall I say it is for?" I said, "Oh, tell them a gentleman wants it to light his pipe;" he knocked at the door, and went in, but could not get one; he then came back, and said he was going by the Fallow Buck; I, not giving it a thought, said, "Will you get me one there?" we were walking together towards the Fallow Buck a few yards; I then left him, and went into Mr. Walker's, and asked him to let me light my pipe, and oblige me with a piece of stick or wire to clean my pipe out; I lighted my pipe, and walked out; he asked me where I was going; I said, "To Mrs. Ramsay's," but I did not tell him when; when I came out I went in the direction of Mrs. Ramsay's house, and down the narrow road into a field, to ease nature; from there I went into Mr. Short's field, and came out by the side of his new house, and straight home; when there I looked at the clock, and saw it was half past 5 o'clock; I sat down then till nearly 6 o'clock, when I got up, and took a wheelbarrow, and proceeded to Mrs. Ramsay's; on my way I saw Walker at his gate, who bade me good night; I replied in the same way, and went to Mrs. Ramsay's; as I got into the coach yard, I passed the coachman; I rang the bell, and Miss Branderd came to me accompanied by Thrussell; they gave me three boxes, which the latter assisted me in loading, and placing in the barrow; he then took hold of the barrow, and said, "It is very heavy, you will have enough to do to get down the hill with it;" before starting I received orders from Miss Branderd to take the boxes to her sister-in-law; it was then 25 minutes past 6 o'clock; I met Mrs. Blendall between Mr. Bosanquet's gate and the chapel; I bid her good night; she bid me good night, and she said, "Oh, it is you, George! I did not know you;" I said, "My load is heavy, and the road is very slippery;" proceeding about 100 yards, I met Henry Watson coming home from work, I suppose; I said to him, "Well, Henry, how are you getting on?" he replied, "I don't know; a few more words passed, when I said, "Listen at the fireworks, the squibs and crackers are being let off;" as there had been some let off the night before, in the way the chapel was; a few more words passed, and we parted; I then went to Mrs. Branderd's; in my way I met a man named Taylor, who said to me, "It is Mr. Short's house on fire;" I said, "No, if it was, we could see it
more plainly;" I then said again, "If it is a fire, it is twenty miles off;" I unloaded the boxes from the barrow at Mrs. Branderd's, where I went directly after leaving Taylor, and left them with her; after a few words, I took the barrow and went home; when I got home, my father told me it was Mr. Bosanquet's chapel on fire; after setting up the barrow, I went out to see the fire, and on my way I met two policemen; one said, "Oh, here you are! where have you been the last two hours?" I answered, "At home, to be sure;" one said, "You must come with us to Mr. Bosanquet's;" I said, "What for?" he said, "He wants to speak to you;" I replied, "Very well, I will go, then;" I also said, "This is the second time you have served me like this; not you, but others, and it shall not be passed over as the first;" the reason I made chose remarks was, that a sheep shed, by some means, had been on fire before, when, for certain circumstances, I was led to think that Mr. Bosanquet suspected myself and the coachman of knowing something about it; when we got up to the gate, I refused to go further, as Mr. Bosanquet had desired me not to come any more upon his premises; the policeman said, "He will not say anything, because you come with me;" I then went on my way to the chapel; I met Mr. Bosanquet on the walk leading to the chapel; Mr. Bosanquet asked, "Who have you got here?" the policeman said, "George North;" Mr. Bosanquet turned back, and we all proceeded towards the chapel; when there I was asked to pull off one of my boots, and I did so; he told me to go and sit on the seat, which I did, which was under a chesnut tree; they took the boot, and compared it with the footmarks; they afterwards came back, and gave it to the second policeman, who was left with me; then my other shoe was taken, and compared with the footmarks in the snow, and whilst doing it, the latter policeman said to me, "These nails are very remarkable;" Mr. Bosanquet and the others afterwards came back, and I was told by Mr. Bosanquet's charge that I was taken into custody on suspicion of setting fire to his chapel; I put on my boots, and walked back with them to the station house, and they locked me up.
NOT GUILTY .
MESSRS. CLARKSON. and ROBINSON. conducted the Prosecution.
GEORGE HAVILAND TREW . I am clerk to Messrs. Chaplin and Home; Mr. Chaplin's name is William James; there are no other partners but himself and Mr. Home that I am aware of. On 18th July last, this order (looking at it) was produced to me by a person; it is for certain cases ware-housed by Messrs. Watts at our place—I entered that order, and got the signature of the person who brought it, in a book, which I have here—I then endorsed the order, and sent it by the man who brought it, to Warner, the warehouseman, to get the goods.
Cross-examined by MR. METCALFE. Q. Do you know who it was that produced the order to you? A. I do not—I cannot swear to the prisoner being the man—I have not said that my impression was that he was not the man—my endorsement on the order was a sufficient guarantee to Warner to deliver the goods—the man was with me perhaps three or four minutes—I asked him, "Whose cart?" as usual, and he said, "Moring's cart;" and that is put on the order—I am not positive that Moring's name was on the cart, for I did not go outside to see—what he signed was, "Received by Gayner"—I cannot make the name out—it is Gayner, or Joiner—Warner saw the same person that I saw—he would receive the order from the man, and would give up the goods to him.
MR. CLARKSON. Q. Did you see the man go to Warner, or did you merely send him? A. I sent him; I did not see him go.
COURT. Q. Can you, or not, say of your own personal knowledge, that the man who came to you, afterwards saw Warner? A. I cannot swear that; I gave him the order to take, I did not follow him down the yard.
WILLIAM WARNER . I am in the service of Chaplin and Horne. On 18th July this order was produced to me by a person at Hambro' Wharf—seeing the signature, I delivered the four boxes mentioned in the order to the person who brought it—they were taken away by the person in a cart.
Cross-examined. Q. Who was that person, do you know) A. No, I do not—I did not receive the order from the man who received the goods; I had it from one of my mates; I cannot say which, and seeing it properly endorsed I delivered the goods to some man whom I found there—I hung them on the crane from the warehouse above, and they were received into his cart—I do not know the prisoner at all.
JOHN STILLWELL . I am manager to Mr. Perkins, a pawnbroker, at King's-cross. I have known the prisoner about nine years—he came to our shop on 19th July last, and brought twenty-one pieces of linen—I have one piece here (producing it)—I advanced him 20l. on the twenty-one pieces—he pledged them in the name of Thomas Smith, Weston-street—he has been a customer of ours for the last nine yearn, generally by the name of Smith and Brown—those were the names he was in the habit of pledging in—I did not know him by any other—he pledged sometimes in one name and sometimes in the other—on 25th July he came again, and brought twenty more pieces, upon which I advanced him 15l.—he pledged those in the name of Brown—the prisoner is the person who came—this was under an agreement—under the Act of Parliament we cannot take in a pledge above the amount of 10l.—he gave the name of Brown, Gore-house, Cook's-ground, Chelsea, in his own handwriting—he called again on 29th Jan. last, and said, "What agreement was that you made with me for the last linen?"—I said, "I believe it was six months"—he asked if to-morrow would do to pay the interest of it—I said, "Yes," (I had before this received a communication from the police, and I sent for a constable)—he took a gold watch out of his pocket and asked me what I would advance upon it—I looked at it and said, "About 10l. "—he said, "I want some money, and I wish to pay the interest to-morrow on the linen"—he asked me if I would lend him 12l. on the watch—I said, very likely I might—he then went out, and the policeman who was outside took him into custody—I have the agreement here that he entered into—he wrote the name and address in my presence—the other transaction was in two pledges of 10l. each—when he pledged the last lot he said he had got another lot, and would I take that in, and I refused—I never knew him by the name of Two ood.
Cross-examined. Q. Smith and Brown are not unusual names to pledge in, are they? A. No; particularly with regular customers, as I considered him: we are obliged to put the name they tell us—there are more Smiths and Browns than any other names; fifty out of every 100 I should say are either Smith or Brown—I did not make a communication to the police, the policeman came to me and asked if I had any linen—I said yes, and showed it to him, and he said it was the linen he wanted—the first pledges were available for twelve months, and the second for six—the six months had expired, when he came in Jan.—when he came on 19th July, I went into a draper's adjoining to consult him as to the value of the linen—that was with the prisoner's consent, or else I should not have taken it—I
did not know the value of it—the prisoner remained in the shop while I went to the draper's—he was in the shop nearly half an hour—the p encil marks were then on the linen, as they are now, the other marks were cut off—what they term the tabs—this piece was wrapped up in these two papers.
Cross-examined. Did you know him before? A. Yes; perfectly well for five or six years.
THOMAS DAVISON . I am assistant to Mr. Smith, a pawnbroker, of King's-road, Chelsea. I produce a piece of linen pledged on 19th July by a female, and another piece pledged on 22nd July by a man, I do not know whom, in the name of Smith, No. 2, Brewer-street, Chelsea—I lent 1l. on each.
HENRY SYKES BALLS . I am assistant to Mr. Hare, of Cheyne-walk, Chelsea. I produce a piece of linen pledged on 2nd Aug. for 1l., in the name of John Brown, lodger, No. 4, Cook's-ground, Chelsea—I do not recollect the person.
JOHN WALTER . I am a pawnbroker, of No. 106, Aldersgate-Street. I produce a piece of linen pledged on 2nd Aug. for 1l., in the name of John Brown, No., King's-road, Chelsea—I cannot say whether it was the prisoner or not who pledged it.
CHARLES PIKE . I am assistant to Mr. Webb, No. 207, High Holborn. I produce a piece of linen pledged on 1st Nov. for 1l., in the name of John Brown, No. 28, Fetter-lane—I cannot say who pledged it, any more than it was a man.
JAMES HAYNES . I am assistant to Mr. Russell, pawnbroker, of No. 37, Fore-street. I produce a piece of linen pledged on 24th July, in the name of John Brown, No. 8, Princes-street—I do not recollect who pledged it.
SAMUEL PINNER . I am porter to Mr. Blenkiron, of No. 123, Wood-street; he is a manufacturer. I produce some pieces of boards, marked S. and J. W. and Co. 818, and another piece marked in the same way, and numbered 849.
HUGH ALDERDICE . I am foreman to Haughton and Fennell, of Barnton-green, Guilford, County Down, Ireland. They are the makers up of these linens; that does not mean the manufacturers, but the folders up—I saw the linens in question, before they left Ireland—the linens I saw at the Mansion House were a part of those that were made up by my employers—I have not looked at those that have now been produced—(looking at a piece) I find my own pencil mark on this—a tab is the corner of the linen turned in, and contains the private number—(looking at another piece) I do not find my mark on this; it has been cut off, and the figures also—my figures are on this piece (looking at another).
HUGH ALDERDICE . The figures have been cut off this piece; I cannot speak to it—to the best of my opinion, it is one of the same lot; it is the same quality of linen—I think the part where my figures would have been, is cut off.
HENRY SYKES BALLS . re-examined. I cannot say that this is the piece I produced, they have all been mixed together here on the table; I took up one piece from the table, but I do not know whether it was the piece that had been in my wrapper.
MR. METCALFE. Q. Is that book in your handwriting? A. It is not; it is Haughton and Co.'s invoice book—I have nothing to say to the writing in this book; I can only identify the linen—I cannot speak as to the date, at which they were sent off—I did not see the boxes marked, but I saw them after they were marked—ten boxes altogether were sent to S. and J. Watts and Co., in Feb. and March,; I saw them sent—these boards bear the numbers and figures of a portion of those ten boxes—I saw these before they left Ireland—I have here the zinc plates, by means of which the marks were made (producing them)—these are the plates which made the marks on all the ten boxes, of which these two formed a part.
THOMAS HAUGHTON . I am in partnership with Mr. Fennell, as manufacturers and bleachers of linen, in Ireland. On 4th Feb. five cases of linen were consigned to Messrs. Watts and Co.—this book is not in my writing—I know as a fact that five cases were sent to Messrs. Watts—we had correspondents of that name in Gresham-street—I gave directions that five cases should be forwarded—I know that the goods left our place—I did not see them leave—I cannot say that I saw them before they left—I have seen the pieces of linen produced—they are the goods that left our place—we do not manufacture all the goods, some we do and some we do not—I saw the linens before the Magistrate, and recognised them as the goods that
had left our premises, with the exception of one piece from which the private mark was taken, and I believed that to be ours—they are worth fully 30s. a piece—this piece of rope (produced) is similar to what we use at our place of business for cording cases—we mostly use hoop iron—we have used rope similar to this.
Cross-examined. Q. Do not you swear to the rope? A. I cannot swear to it—many persons use rope of that description.
ALFRED HILDER . I am a checker to Messrs. Chaplin and Horne, at the Camden station. I produce the way bill of 11th Feb. last year—I find in it an entry of two boxes, marked S. & J. W., 818 and 822—there is no address—there is an address in this voucher, "S. & J. Watts & Co., of Gresham-street"—it is not my writing—I checked it off at the time they were loaded, that was probably about an hour after the entry was made—a man calls out the goods to me, and I see them as well, and I check the entry from what he calls out—he called out "S. & J. W., 818" first—I checked that, and put a dot, and then he called out 822 and I checked that in the same way—the weight of the money is also entered.
HENRY STONE . I am a checker, in the employment of Messrs. Chaplin and Horne, at the Camden station—I produce a way bill of 17th March—it has my ticks to it—I find there were five cases that day, addressed to S. & J. Watts, of Gresham-street—I have the numbers S. & J. W., 817 to 851—they were to go by Dillingham, the carman.
JAMES DILLINGHAM . I am a carrier to Chaplin and Horne. On 17th March I took five cases to Messrs. Watts, of Gresham-street—they gave me a written order to take them to Hambro' wharf, Messrs' Chaplin and Horne's premises, and I did so.
WILLIAM BAXTER . I am a carman to Messrs. Chaplin and Horne. In the beginning of last year I took some cases from Messrs. Watts, of Gresham-street, to Hambro' wharf—I signed the book when I received them (produced)—this is what I signed, "3 cases to Hambro' wharf"—it appears to have been on 20th March—I have no knowledge of taking any others.
WILLIAM SEWARD . I am in the service of Messrs. Watts, of Manchester. In Feb., last year, they had a warehouse in Gresham-street—these papers are my writing—ten cases of linen were consigned to us by Messrs. Haughton and Fennell, and were forwarded by us to Chaplin and Horne's premises, at Hambro' wharf, by these orders, which are in my writing—I believe all the ten cases were marked "S. & J. W. & Co."—this order for the delivery of four of those ten packages is not an order proceeding from our house, or any member of it; it is a forgery—three of the cases were in our warehouse.
Cross-examined. Q. Do I understand you to say that the whole ten cases arrived in Gresham-street? A. The whole were brought to the doors, but only three of the ten were delivered there—I saw those—they were afterwards forwarded to Hambro' wharf, according to these orders—I saw the three cases, and I saw the other seven forwarded—I believe I gave these orders into the hands of the person who forwarded them—I am not aware that any one but myself would have the power of signing these orders; no one in London would—I am not a partner—the partners were scarcely ever in town—an order would not be written in Manchester and sent up—if I was out of the way, and an order was wanted, they would wait till I came in—I never was out of the way, except for a very short time—no one but myself could properly write such an order as this.
JOHN MARK BULL . (City policeman,). In consequence of information, I made a communication to Messrs. Chaplin and Horne on 9th Jan.—I afterwards went to Mr. Perkins, the pawnbroker, at King's-cross, and there saw the bulk of forty-one pieces of linen—in consequence of a description that was given to me of the person, I gave instructions to the pawnbroker—on 29th Jan. the prisoner was brought to the Moor-lane station, by Warr, in custody—I told him that there had been a quantity of linen obtained by means of forged orders, on 18th July last, from Messrs. Chaplin and Horne, to the value of upwards of 400l., that a portion of that linen had been disposed of at Perkins's, at Battle-bridge, for 35l., in two lots; on 19th July for 35l., in two pledges of 20l. each, and one lot on 25th July for 15l., and I asked him how he accounted for the possession of those goods—he said he had bought those goods of a Mr. Brown, a linendraper, at Notting-hill, and he had given him a guinea a piece, that Mr. Brown brought them to him in his horse and cart—he said he had pledged them the same day that Mr. Brown, brought them to him—I asked him if Mr. Brown still lived at Notting-hill—he said he really did not know, he had only seen him two or three times—I then told him I should charge him with disposing of a quantity of linen which had been obtained from Messrs. Chaplin and Horne's on 18th July, a portion of which I had found pledged on 19th July for 15l., and a further portion for 20l. on 20th July—he said, "I certainly did pledge the linen"—I searched him, and found on him a pack of cards and two brass chains, which we term duffing chains—I asked him his name—he said his name was William Twogood, and he lived at No., Munden-street, Hammersmith—from inquiry I found that to be false—I did not take down the address, it was taken down in the charge book—I perfectly recollect the address—I took it down in my pocket book, now I recollect—it was taken down in in the charge book by an officer in my presence—this is it (produced)—it is "William Twogood, Munden-street, Hammersmith"—I afterwards went to No., Munden-street, and found it occupied by a Mr. Upton, a dentist—I could find nothing of William Twogood there—in consequence of further information, I went to No., Devonshire-street, Hammersmith, and found that a person of his description was living there, in the name of William Brown—I searched that house, and among other things of no importance I found this piece of rope.
Cross-examined. Q. You found that he did live at No., Devonshire-street? A. Yes; that is the next street to Munden-street—he did not say when he was taken into custody, "I live at, Devonshire-street, that is close to Munden-street, which is near to Hammersmith Park-gate"—he said he lived at No. , Munden-street, close to Hammersmith-gate—he did not say "Devonshire-street, near Munden-street;" I am positive that he never mentioned Devonshire-street.
JAMES BROWN . I am a draper, carrying on business in the Norland-road, Notting-hill—I have carried on business there nearly four years—I have never sold the prisoner any goods, or had any dealings with him—I do not know any other Mr. Brown, a draper, living anywhere near Nottinghill; I think I should know if there was one.
Cross-examined. Q. Are there no other Browns at Notting hill? A. There are Browns, but not drapers; not to my knowledge—I cannot say more than that; I do not know of any—there are a great many new buildings
about Notting-hill—if there had been any other Brown, a draper, there, I think I should be likely to have known it—I will not swear a shop might not have been opened for a short time in that name, and then closed, but I think it is possible that I should have heard of that.
JOHN WITHALL . I am a postman in the district of Notting-hill, and and have been so about ten years—I know the last witness perfectly well—I never knew of any other Mr. Brown, carrying on business as a draper, at Notting-hill—there may be other Browns, but not drapers—I should be likely to know if there had been.
Cross-examined. Q. Did you deliver letters there in July last? A. Yes, in the western part of the district, not any other part—there are several letter carriers—I cannot speak for the other districts, only for my own—I know nothing of any other portion, except where I deliver.
JOHN SUCH . I reside at No. 17, Devonshire-street, Hammersmith, and am foreman to the buildings there—I know the prisoner by sight—I have known him two or three years—I let him the house No. 17, Devonshire-street, on 10th or 11th Aug.; it was at the half quarter—I heard that his name was Mr. Brown, but I never asked him his name, knowing him personally—he has paid me rent, and I have given him receipts in the name of Brown; I never knew him by any other name—I have heard people call him Mr. Brown; I have called him so, and he has answered to that name.
JOHN STILLWEL . re-examined. I have now brought with me the whole of the pieces of linen—I have the first twenty-one pieces separate from the twenty—here are half a dozen pieces of the twenty-one first pawned—I cannot now recognise the piece I first produced, since it has been out of my sight.
HUGH ALDERDICE . re-examined. (Examining four of the pieces now produced.) These are my figures—the tab is on this piece—I cannot tell without the book whether these were part of the linen sent to Messrs. Watts and Co.; they came from Haughton and Fennell's firm (Mr. Stillwell Produced a portion of the twenty pieces)—these are also my figures.
MR. METCALFE. Q. You supply a great deal of linen, I suppose? A. Yes; we very frequently send linen to London.
MR. METCALFE. Q. How do you know they were not sold till Oct.? A. Because there was no order given to Messrs. Chaplin to deliver them till then; they were specially left in Chaplin and Horne's Custody, until an order was given for them to be delivered to Messrs. Blenkiron, who are large shirt manufacturers.
SAMUEL PINNER . re-examined. I received the boxes from Chaplin and Horne's—(looking at a book) this is my signature; it is dated Oct. 26th—this is Chaplin and Horne's book—I see my own name here—it is dated so that I cannot understand it—I see an entry of "Blenkiron, Son, and Co., 6 cases"—I read the entry at the time I signed it, but I did not look at the date; it was in Oct.
MR. METCALFE. Q. You say that, from looking at the book? A. No; when I was first asked about it, I said it was about four months ago.
number which I put—I identify them by their numbers—the numbers are put on the web when they are in a brown state—we commence with No. 1 at the beginning of the year, and go on with regular running numbers—the number is on the web when it comes in, and the number is put on with a pencil—I do not see the book at the time the marks are made; they are not in the book at that time—it is when the goods are leaving the place, that they are entered in the book; every number is taken down—I think the entries in the book are the writing of a young man named James Fray; they are called out to him from the web—I cannot tell who called them out to him in this particular instance—I did not see the book after the numbers were entered in it.
COURT. Q. You have stated that these were all sent to Watts and Co., how can you possibly know that? A. If I can look at the book I can tell—I saw the five boxes after they were marked—I cannot tell when that was; it was in 1854—there were extensive dealings between us and Watts and Co., but not for some time before—ten boxes were sent in 1854; five went at one time, and five at another—I saw them; I mean I saw the boxes after they were packed, with those marks upon them—I cannot from memory state at what time in 1854 that was; it was in the winter time—I do not know whether more were sent in 1854 or not.
COURT. to WILLIAM WARNER. Q. Did you see the man to whom the boxes were delivered? A. Yes; I do not know whether it was the prisoner or not.
NOT GUILTY .
NOT GUILTY .
NEW COURT—Thursday, March 1st,. 1855.
PRESENT—Mr. RECORDER. Mr. Ald. FINNIS. and Mr. Ald. CARTER.
Before Mr. Recorder and the Seventh Jury.
MR. RIBTON. conducted the Prosecution.
CHARLES COUSINS . I know the prisoner—in June last, I entered into partnership with him—a deed of partnership was executed—I put into the concern and expended between 400l. and 500l.—I paid into the London and Westminster Bank, in Lothbury, 300l.—no money was brought in by the prisoner—the name of the paper that was published was Kirkaldy London Register—it Was carried on at the prisoner's premises, No. 42, St. Mary-at-Hill—he managed the printing part of the business—the publishing was in Paternoster-row—I attended to that—on 6th June, the prisoner came and asked me for 45l. to pay for an Albion press which had been purchased—I gave him a cheque for 45l.—I have not the cheque with me—on 24th June, he asked for 25l.—he said it was to pay for some Nonpareil type, which had been purchased of Messrs. Chambers and Co.—this is the cheque I gave him for that—I gave him another sum of 20l. after that, on 1st July, making altogether 90l—I drew the cheques at the time—I asked
him afterwards to account for the expenditure of the 90l.—he came to account to me when the 90l. had been expended, either at the end of June or 1st July—he gave me this account, "Press, 45l.; Chambers and Co., for type, 22l. 10s.;" and at the same time he gave me this receipt, as a voucher for the 22l. 10s. entered here as paid to Chambers and Co.—I received it as such—matters went on till the beginning of this year—he had, in the interim, borrowed money of me—in consequence of that, I consulted a solicitor, and the books were examined in January, and my attention was called to this receipt—I went to Messrs. Chambers and Co.—all the money that had been paid into the bank has been expended, and the publication has ceased.
Cross-examined by MR. BALLANTINE. Q. As Kirkaldy carried on the publication, and he has been in Newgate some time, you could not carry it on yourself, and it has been stopped? A. It had been stopped before he was in Newgate—the last publication was on 16th Dec.—he has been in prison since Jan.—our partnership was from the commencement of June till the prisoner was a bankrupt—he was not a bankrupt till he was lodged in Newgate—part of the time, I drew out 3l. a week as salary—I drew out, in all, about 60l. perhaps—that was all I drew out of the business—I swear that I was the person who kept the books—the books are here—on one side here is "cash received"—on the other "expended."
Q. I see here is a deduction of 10l. 14s. as paid; had you done so? A. I had not paid the whole then—I had paid about 5l.—this was a false statement—my partner, seeing this 10l. 14s., would take it for granted that that had been paid—it was false at the time—I paid it up afterwards, in the course of the next three weeks—here is a statement of it, if you wish to see it—I did not enter any additional payment—here is the sum of 32l. 1s. 6d., on 6th Dec.—it had been paid on that day—I obtained from Mr. Flight 40l. in cash for the partnership, if you turn to 28th Sept., you will find it—I gave credit to the firm for 40l., and the bill was paid for 32l. 7s. 6d.—the bill, or rather the two bills, were 62l. 18s.—the remainder I have not paid myself—my solicitor paid it for me on 17th Feb.—that was after the prisoner was in gaol.
COURT. Q. The 32l. was to take up a bill? A. Yes, one of two bills which I accepted at the time I received the 40l.
MR. RIBTON. Q. Who is Blake? A. An advertising agent—he had a demand on the firm for 10l. 14s.—I paid him the first time 5l.; the next week, 1l.; then 1l. 10s. twice; and then, 1l.—I made the entry in the book at the time he brought in his demand—this 1l. 18s. is two bills of 31l. 9s. each—they were discounted by Mr. Flight—there was only 40l. paid, but I had a policy on my life for 300l. besides—he is the Insurance Company.
COURT. Q. And he cashes your bill on condition that you insure? A. Yes—I paid 20l. for the insurance.
MR. RIBTON. Q. Mr. Flight would not discount unless on condition of your effecting a policy, and he keeps the policy till his bills are paid? A. Yes—the first bill was due 1st Dec.—that bill was paid—the second bill became due 31st Jan., which was after the proceedings commenced—that bill has been paid by my solicitor, and he will charge me with it, no doubt, there being no funds in the firm to pay it.
GEORGE CHAMBERS . I am a type founder, and live in East Harding-street; George Chambers and Co. is the firm; there are four with myself. The other partners are here—this bill (looking at it) is not mine—this signature, "George Chambers and Co.," at the bottom, is not mine—I have
my books here—I have examined them—I did not sell any type to the prisoner, in 1854.
Cross-examined. Q. You have sold him type, I believe, to a large extent? A. Yes, rather—this bill is my writing—between Sept, 1853, and March, I supplied him type to the amount of 26l. 19s. 2d., with the exception of 18s.—since the prisoner has been in Newgate, I have, at his request, been to the premises where the printing was carried on, merely to see the type—I went on the Saturday previous to his committal—I think it was on 10th Feb.—I have no doubt, from what I saw, that the whole of that type was there.
COURT. Q. You mean the whole that you sold, to the amount of 26l. 19s.? A. Yes.
MR. RIBTON. Q. I asked you whether you sold him any type in 1854? A. Yes, in Jan.—I sold him some nonpareil type on 18th July, 1852, to the amount of 17l. 8s., at 2s. 8d. a pound—had he gone anywhere else he would have paid 4s.—I had an object in that—I charged him only 2s. 8d.
COURT. Q. What was your object? A. I had not been long in business; there was great opposition against us; we were anxious to get into a respectable house, as I thought this to be; therefore I charged him 2s. 8d.—4s. is the regular price.
COURT. to CHARLES COUSINS. Q. Was there any other type used in the concern except that which came from Mr. Chambers? A. Yes, I know there must have been, from the size of the type—nonpareil is a small type—I did not pay for any other type, and the partnership has not paid for any—the other type must have been type which the prisoner had procured previous to the partnership—this type obtained from Mr. Chambers was used in the concern.
COURT. to GEORGE CHAMBERS. Q. That signature is not yours, nor that of either of your partners? A. No.
MR. RIBTON. Q. When did the prisoner pay you? A. On 1st July I drew on him two bills—they have both been met.
JOSEPH HUGGETT . I am an officer of the City. I took the prisoner—I told him it was on a charge of obtaining two sums of money from Mr. Cousins by producing two forged receipts—he said he had no intention to defraud, and if Mr. Cousins would wait a short time everything would be settled.
(The prisoner received a good character.)
NOT GUILTY .
MR. W. J. PAYNE. conducted the Prosecution.
WILLIAM FIELD . I am a shorthand-writer. I took a note of the trial of Henry Robinson in this Court, before Mr. Common Serjeant, on the 2nd of Feb.—Mr. Timmins then stated, that he and his wife had been attending the wedding of their niece at Limehouse church, on Sunday 14th Jan.; and between and half past o'clock at night, that they went to Limehouse stairs to return to their house, at Rotherhithe; that Robinson accosted them when they got to the stairs, and said that he knew Timmins; that he went with them across the water and nearly to Timmins' house, when he robbed him of his watch and guard chain—they stated that this prisoner, Campion, was the waterman who rowed them across the water—Mr. Metcalfe for Robinson, called this prisoner, Campion, who was sworn, and gave his evidence—(The evidence was here read as at page, 442 Fourth Session.)
niece, Mrs. Wenham, was married at Limehouse church about 10 o'clock—after the marriage, we went to Daniel Hurley's house, Mrs. Wenham's father; we stayed there till very nearly 10 o'clock at night—we were going home; I and my wife left there, and Hurley and Mrs. Hurley, and Mrs. Wenham; we went to Limehouse Hole Stairs, to go across the water to go home—I live at No., Albert's-cottages, Trinity-road, Rotherhithe—when we got to the stairs we went to a boat, and the prisoner Campion rowed us over—I got in the boat first—my mistress got in next, when she got out of the water—she was obligated to step in the water, the boat was on the shore—the man who took her hand handed her into the water—when we went down to the boat, Robinson was standing on the stairs—my mistress got in the boat, and Robinson got in next.
COURT. Q. Did your wife tumble into the water? A. They both tumbled in—the water was about three feet from the wall—my wife and Robinson crossed the river with me, and Campion rowed us across.
MR. W. J. PAYNE. Q. Where did he row you to? A. We went across to the Horns Stairs; Robinson got out, and my wife and I got out, and Robinson walked away with us.
Cross-examined by MR. METCALFE. Q. You came altogether down to the boat? A. Yes; Hurley went with me close to the boat—his wife and Mrs. Wenham were on the top of the stairs—no one else came down to the boat but Robinson—I had been drinking a little—I was not to say drunk—I had been drinking from 10 o'clock in the morning till at night—there was ale and beer, and rum and gin—the public houses were not closed when we started: they were by the time we got to the stairs—I saw another waterman there besides the prisoner—the other waterman was lying on the rail—I never said that the prisoner was not the man who rowed us over—I did not hear any of those who were with me say that they thought he was not the waterman—I heard there was another waterman came before the Magistrate, I did not hear his name—when Robinson first came up, he said, "Halloo, Timmins! is that you?"—I said, "Halloo! but you have got the advantage of me; I don't know you"—he said, "I know you"—I did not know him—I never saw him before—he said he knew me at the Commercial Docks—he said he had worked under me at the Commercial Docks—I have my own books; I had a man named Henry Robinson, a smith, who worked with me—he had 6s. a day, but it was not this man Robinson—if this man had worked under me I should have known it, but he never did—I was foreman at the Commercial Docks—I did not see any other boat as I was crossing, to my knowledge—I cannot recollect—I saw one elderly man on the other side—I do not know whether he was a waterman or no—there was one man at the bottom, going down the road—I cannot tell whether there was any one at the stairs—I remember an old man on the turnpike road—there were other boats of course: there always are.
MR. W. J. PAYNE. Q. Did any other boat leave the stairs when you did? A. No—they are wooden steps; they lift up—I cannot tell how many steps there are—a person standing at the top of the steps could see any one who got in the boat—I once had one Henry Robinson in my employ, and he was not the prisoner.
COURT. Q. You had employed one man of that name as a smith? A. Yes; it must have been twelve months ago—I think he is now at Fletcher's Dock, but I am not sure—when I was getting into the boat, Robinson said he knew me well, and I said, "You have the advantage of me"—he said, "I worked with you at the Commercial Docks."
ELIZABETH TIMMINS . I am the wife of the last witness. On Sunday, 14th Jan., I was present at the marriage of my niece—after that was over, I went in the evening to the river side with my husband, about o'clock—we were going home; we went to Limehouse-stairs, Daniel Hurley, and Mrs. Wenham, and Ann Hurley—when we got to the stairs, we got a boat—Henry Robinson spoke to my husband, and made friends with him—he said he worked with him twelve months ago, and knew him very well—we went down to the boat, my husband went in, and he said to Robinson, "If you know me so well, hand my mistress into the boat"—Robinson caught hold of my hand to put me into the boat, and instead of that he threw me into the water—I was smothered up, as far as I could be smothered: all my body went in—after that my husband helped me into the boat—Robinson got in, and my husband, and me—we were rowed across the water; I expect this prisoner is the man who rowed us across—I took such notice of the prisoner that threw me into the Water—I did not take notice of this one—my husband, myself, and Henry Robinson were rowed across the water—we sat on one seat—we went to the Horns, on the other side of the river—after we got out of the boat, Henry Robinson was with us, making friends with my husband—he walked to within a few yards of my husband's house.
Cross-examined. Q. You were rather doubtful whether the prisoner was the man who rowed you across? A. I do not know; he says himself that he did—I did not take notice; I cannot say—I took more notice of Robinson—we had not much to drink—if there was brandy and gin, I cannot say—all I drank was beer—Mrs. Wenham went down to the boat; her father even shoved the boat away—they were all together; she was down at the bottom, standing alongside her father and mother—she did not shove the boat, but her father did, and Mrs. Hurley was standing there—there was another man, something like a waterman—he looked somewhat in shape of a man with his arms over the rails—I did not see anybody when we landed—there were some persons going by, but not our business—we did not meet any boat as we were crossing—I know there was not any, only the boat that we were in going across—no boat came close to us—I did not take notice of any other boat coming from the other stairs to Limehouse-stairs—I had never seen Robinson till that night—I saw him when he was taken into custody, about half past o'clock in the morning—I was not drunk nor was my husband—he was lamed—he has not done a day's work since—he had had a little drop, but was not out of the way.
MR. W. J. PAYNE. Q. What did you take? A. I know I took a drop of beer—I did not measure it—altogether it was not a gallon-about a pint—I had not taken anything else myself, I cannot answer for other people—I saw something like a man at the stairs, with his hands over the rails.
DANIEL, HURLEY . I am a stone mason, and live at No., St. Ann-street, Limehouse. I recollect the day my daughter was married—it was the first wedding in the family—after the marriage Timmins and his wife came to my house—when they went home at night I went to the wharf to see them off—they got a boat—Timmins was ahead of me, and my youngest daughter was arm-in-arm with Mrs. Timmins—I and her mother were taking care of the bride—when we got to the water side I heard young Robinson, who was here last session, say that he knew Timmins—the tide had left the boat about three feet—I put my back to the boat to shove it off—I am sure I saw Robinson, and I saw him get into the boat—I saw another man and this man, the
prisoner, there—I said, "Who is going to take them over the water?" and this one said, "I am"—I shoved the boat off with my shoulder—this man was rowing it, but there is only one thing to be said, when people get a short distance they come and say, "Over! over!" and they come back.
Cross-examined. Q. Did you ever see Henry Robinson before? A. Yes, and drank with him—a boat sometimes puts off and returns again—as soon as I got on the top of the stairs, I said, "Take care and get that woman home as soon as you can, and get that woman dry"—I pushed the boat off, but it did not require much to push it—I am an old man—the bride had hold of her mother's arm—they walked up the steps ahead of me—when the boat was pushed off, my daughter was standing on the lower step—my wife was along with my daughter—there was a younger daughter of mine there—she stood at the top of the steps—she was crying, because her aunt had been thrown into the water—I am a mason—I have been thirty-three years in one place—the worst of me is I have got no money.
Q. You first thought that this was not the man? A. I told down at Greenwich that I rather thought it was a younger man than he—there was a waterman on the top of the stairs—he said, "Through that woman being thrown into the water I would not take them across"—that was young Ashdown—since I got my thigh broken I have not drunk so much—I have been firied for being drunk, but not often.
MR. W. J. PAYNE. Q. What had you drunk on this occasion, on Sunday, 14th Jan.? A. I got in on the Saturday 4s. 9d. worth of liquor and porter, and all these people came to my house—there were eleven, and I had one gallon of porter—I have no doubt now that the prisoner was the man—I have known him since he was a boy.
COURT. Q. You have known him from a boy? A. Yes.
ANN HURLEY . I am the wife of the last witness. I recollect this wedding—I went down to the water side with Mr. Timmins and his wife, when they were going home—I do not recollect who rowed them over—I saw Henry Robinson and Mr. and Mrs. Timmins get in the boat, and the waterman—that was all—I saw the boat go off.
Cross-examined. Q. Where were you when the boat went off? A. About the middle part of the stairs: not on the top, but about the middle—my daughter, who was married, was close by me—I believe I was taking care of her; I ought to do so—her husband did not come—I left him and my youngest daughter at home—her husband did not come; he thought, I suppose, that we were capable of taking care of her—I have another daughter—she was on the top of the stairs—I think there are about six or seven steps—I was in the middle part, and my daughter by the side of me—I saw the boat go off—I saw my husband shove it off.
COURT. Q. You say Timmins and his wife, and Robinson, were all in the boat? A. Yes, all three sitting on one seat.
MARY ANN WENHAM . I am the daughter of Mr. Hurley. On the day of my wedding, I came to the wharf side to see Mr. and Mrs. Timmins go home—I stood near my mother when they were going—I saw them when they were in the boat—Mr. and Mrs. Timmins, the waterman, and Henry Robinson—they were sitting against one another—the boat went away—I do not know who rowed them—I could not tell the waterman again.
COURT. Q. When the waterman pushed off, had he his face towards you? A. I did not take that notice—there was a gas lamp on the stairs—I had
seen Robinson before he got into the boat—he was standing on the top of the stairs—he spoke to Mr. Timmins—he said he worked for him twelve months ago—Mr. Timmins got into the boat—he said to Robinson, "If you know me so well, hand my mistress into the boat"—instead of handing her into the boat, he handed her into the water.
JOHN ROBINS . (policeman, M 267). I took Robinson into custody at Rotherhithe, on the, Surrey side—the opposite side to Limehouse—he was charged by Mr. Timmins and his wife—I took him about ten minutes past 1 o'clock in the morning of 15th Jan.—I took him in Trinity-street, joining to Queen-street, Rotherhithe—he came out of Mr. Bridge's wharf—I took him, because I saw a lot of men running down the street, crying "Stop thief!"—I inquired what was the matter, and they said a man had been robbed of his watch—after I had the prisoner in my custody, I took him down to Timmins, about two hours and a half after the robbery—I noticed his trowsers, they were quite wet up to the knees, and his person was quite wet, and his hands were all over tar; he had got his hands all tar, and I got my hands all tar, getting over some palings—from information, I watched, and saw him get over.
MR. METCALFE. Q. Do you know the India Arms? A. Yes; that may be about 250 yards from where I took him, and about the same distance from where Timmins's house is—I was in court when the landlord and the other witnesses were examined for the prisoner.
WILLIAM TIMMINS . re-examined. Q. Are you quite sure that Robinson came on shore with you where you landed, at the Horns stairs? A. Quite positive—the Horns stairs are at Rotherhithe.—(The record of Robinson conviction was here put in.)
Witnesses for the Defence.
HENRY ROBINSON . (a prisoner). I was convicted here last Session—on 14th Jan. I went away from my home, at No. 8, St. James's-place, Wapping, about 4 o'clock, or a few minutes after—about half past 9 o'clock that night I was at Mr. Braggart's, the India Arms, in Trinity-street, Rotherhithe—I left that public house a few minutes before 10 o'clock, when it was time for the man to close his door—I never was on the Middlesex side of the water after ten minutes past 4 o'clock that day—I went through the Thames-tunnel at ten minutes past 4—I never crossed the water at all that day—I never saw this prisoner in my life till he came to the police court at Greenwich—he appeared as a witness against me—they called the man that took the persons over the water, and he came in—I had never seen him before—I did not go over in his boat that night—I never went over from those stairs in my life, nor yet no other, only against the Tunnel and in the Tunnel.
Cross-examined by MR. W. J. PAYNE. Q. On which side of the river is Wapping? A. On this side—Rotherhithe is the other side—Limehouse is the same side as Wapping—I left the India Arms a few minutes before 10 o'clock—I then came a few yards up Trinity-street—I do not know how far that is from the water—I should think, as near as I can guess, about fifty yards—I cannot say how far the India Arms is from any stairs—I do not know any, stairs about there—I never crossed at no stairs, only them against the Tunnel—I do not know that there are stairs close by the India Arms—I do not know that there are stairs on that side the water—I should think, as near as I can tell, that the Thames-tunnel is a mile, or a mile and a quarter from the India Arms—I cannot say how long it would take any one to get across the river—I have crossed the river a few times against the
Tunnel—I have walked under the Tunnel in eight or nine minutes—I never saw this man till I saw him at the police court; that I could take my solemn oath of, if I had to die the next minute.
MR. METCALFE. Q. You live on the same side of the river as Limehouse? A. Yes; I live at Wapping—that is between Limehouse and London—supposing I were coming from Trinity-street, I should come to Wapping stairs if I went by the water.
COURT. Q. Have you an uncle? A. Yes; I saw him come in at the Greenwich police court—he works as a labourer for the London Dock Company—I sent a note to the house where he was living to let him know I was in trouble—he has been employed there since last Good Friday—he is not a boatman—he is a countryman, belonging to Tottenham Row, in Norfolk.
JURY. Q. Was it a very cold day when this transaction took place. A. I forget that—I did not see the ice on the river—I went through the Tunnel.
HENRY TEMPLE . I am a waterman. On Sunday, 14th Jan., I was the waterman ferrying from Limehouse-stairs across to the Surrey side, till a few minutes after 10 o'clock, when I came to the other shore and gave up my place to Campion—I waited there, I suppose, half an hour—these persons, that were supposed to go over the water, were on the stair head when I gave it up—they were all together—I saw a man and a woman go over—I could not swear to that man and woman—they were two of that party—when the boat was pushed off I was standing on the top of the stairs, leaning against the iron bar—I could distinctly see who went over—it was only a few steps—there were two and the waterman in the boat—I do not know Robinson—the persons appeared by their talk to be in liquor—nothing was said to me by any of them, because I was not against the boat—I did not see any one tumble into the water—I saw a man that had been overboard walk up the stairs—I persuaded him to take his clothes off, and to get home—I thought he had had enough to drink—I saw Ashdown—he took the gentleman over that came up the stairs, the gentleman that had been in the water—he went down to go in my boat, but he would not go with them—he stepped over Campion's boat into another.
COURT. Q. Do you mean you saw him step over Campion's boat to get in another? A. Yes.
MR. METCALFE. Q. Was this man Robinson here that night? A. I could not swear to him—no man went in the boat with these persons.
Cross-examined by MR. W. J. PAYNE. Q. Where were you? A. On the top of the landing—I suppose I might be three or four yards from the steps when these persons were there—when Campion shoved off, I was leaning over—the gentleman that Ashdown took over, stepped from one boat into another—that is not unusual—it is not an object of ambition to get fares—I and a voting man rent it—there is Ashdown and young Campion, not this one—this man came down that night as extra man to earn a shilling—that he would have himself, most decidedly—I have enough of it all day—this gentleman that went over with, Ashdown is a regular customer of ours—it was Mr. White, the superintendent of the Commercial Dock—he is a regular customer; he may come down two or three Sunday nights running—I was standing on the top—I walked out of my boat to come up stairs—they were on the stairs, all talking together, appearing as if they had had a little drop too much—when the water is low the boat touches the ground, but the water was up—the boat was not touching; it might be a little, but I do
not think it did—when any one steps on the edge of the boat, they would not fall, without they are tipsy—I think it is not possible that they might get overboard; they might get a lurch a little—a lady might not fall into the water—it is not impossible for a person to get in the water, but out boats carry 30 cwt—they are like a little punt to what they used to be.
WILLIAM ASHDOWN . I am a waterman at Limehouse-stairs. I remember being there on Sunday, the 14th Jan.—I was there about 10 o'clock—I saw Mr. Timmins, and his wife, and a lot of his friends—as far as I could see they were all drunk—I saw the boat into which they got—this prisoner, Campion, was there—when the boat got under weigh, there were only the boatman and Mr. and Mrs. Timmins in it—I took over Mr. White, the superintendent of the London Dock—he got into my boat from the stairs—my boat was right up to the stairs, and Campion's boat was up to the stairs—when Mr. White came down the stairs he came first to Campion's boat—he stepped into Campion's boat first, and then across into mine, and I took Mr. White over—I landed him before Campion's boat came over—I was coming back with some other passengers, and in coming back I met Campion's boat—we very nearly touched one another—Mr. and Mrs. Timmins, and Campion, were in his boat, and no one else—I am quite certain of it—I was quite near—I had to unship the right hand scull, to pass him—I was the first person who was subpœnaed to attend the police court—when they found I was not the man, Campion came forward—I do not know this man (Robinson)—I did not see him at Limehouse stairs to my knowledge—whether he was there or not I am certain he did not go in Campion's boat.
Cross-examined by MR. W. J. PAYNE. Q. Might he have been at the staire and you not seen him? A. I do not know—I had taken Mr. White over—I came back with other persons, and met this other boat—my back was towards him; I turned and looked at him—I had two in my boat—they were not in the way of my seeing who was in the other boat.
Q. What makes you say they Were all drunk? A. I saw them on the stairs, and saw them all roll about—I saw the persons get into Campion's boat—I saw the woman, and helped her in out of the water—she fell in, because she was tipsy—the boat was not aground, only lying before the stairs—it was not touching the ground—the tide was up about four steps—there are about sixteen steps—I will swear there were not three or four feet of shore—I spoke to Mrs. Timmins—I did hot speak to the man—I assisted the woman to get out of the water—she stepped in the boat's head when she got in—I then took Mr. White across.
COURT. Q. Was the boat run up the stain? A. No—the waterman shoved the boat off with his staff.
MR. W. J. PAYNE. Q. Who pushed the boat off? A. The waterman; the boat was touching the sides of the stairs—it would take about three or four minutes to row across the river there—there was nothing whatever I n the way to prevent my going across—the tide was going up—it was very near high water—the Horns are very nearly opposite.
MR. METCALFE. Q. The boat did not come upon the stairs? A. No; but by the side of the stairs.
JURY. Q. Were the persons sitting or lying down in the boat when you met it? A. They were sitting—there was a man and woman—if there had been any one lying down, I could have seen them—I did not see any one.
COURT. Q. You say you helped the woman into the boat; did she tumble into the water? A. Yes—there was another young man who was assisting her into the boat—he got wet feet.
NOT GUILTY .
THIRD COURT.—Thursday, March 1st, 1855.
PRESENT—Mr. Ald. HUNTER. Mr. Ald. FINNIS. Mr. Ald. ROSE. and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and Fourth Jury.
WILLIAM MURPHY . I am a fireman employed on board a steamboat On 31st Jan. I was coming from my work in the East India Docks, with Thomas Sheen, and a young man named M'Carthy; they are not here—we were near a paper stainer's shop, in Bluegate-fields, when M'Carthy was struck under the ear with a snowball; we both turned round, and saw a man running into the paper stainer's shop—I cannot swear whether it was the prisoner or not, or whether it was the man who threw the snowball—M'Carthy ran after the man into the shop—I saw the prisoner in the shop and another man, who I imagine is one of the paper stainer's men, and M'Carthy; there are four or five steps—I stood on the bottom of them, and heard M'Carthy say to the prisoner, "You b——vagabond, if I knew it was you who struck me with the snowball, I would give you a dig under the ear"—I stepped in to prevent them fighting, and the prisoner said, "You b——b——, I will fight a pair of you"—he catched hold of M'Carthy and me, and pulled us both down the stairs; I had gone up to make peace between them—he and M'Carthy did not fight, but they were collaring each other—I told them to drop it—when they got in the street, they began to fight—I said, "It is a shame for you to fight with M'Carthy, because he had his hand broken not long since"—two other men laid hold of me, and there was another one fighting with them—some one cried out, "The policeman is coming," and then they all ran away, and we went on our way towards home without another word—when we came close to Cannon-street, I looked behind, and saw a large quantity of people coming towards me—the prisoner came up to M'Carthy and said, "You b——vagabond, it is you who struck me with a tin bottle on the nose, I will be revenged on you"—I said, "For God's sake drop it, you will get into trouble"—he was determined to fight with M'Carthy and Sheen—I said, "I am an old man, and do not like fighting, but if you will fight, I will fight you," because M'Carthy had had his hand broken—I tried all I could to stop them—when we got further on into Cannon-street, near the railway arch, I saw the prisoner come towards me, and could see the blade of a knife in his right hand, by the light of the gas—I think it was a shutting knife; there was a crowd of people after him as he ran towards me—Sheen sung out, "Murphy, mind the knife"—I tried to avoid his stabbing me in the chest or belly, and tried to catch his arm—he grasped my shoulder with his left hand, flung his other hand over his head, and struck me as hard as he could between the shoulders—M'Carthy and Sheen lifted me up—I felt something dropping in my inside, and said, "For God's sake put me down"—I was taken into a druggist's, to have the wound dressed, and then in a cab to the hospital; it was about 6 o'clock in the afternoon—there were gas lamps and lights in the shops—I had six articles on, and was stabbed through them all.
Prisoner. Q. How many people were there round the door? A. About thirty or forty—I did not challenge you to fight; I wanted to make peace.
JAMES LAWRENCE . I am house surgeon at the London Hospital. I examined the prosecutor there on 30th Jan.; he had a punctured wound between the fifth and sixth ribs, extending into the chest, and penetrating the lungs—it was a dangerous wound—the width of this knife (produced) corresponds with the width of the wound.
JOHN CONNOR . I saw the row at the corner of Cannon-street, and saw the prisoner and two men holding one another and struggling together—when they let the prisoner go, he said that he was choked—a gentleman undid his handkerchief, and I pulled it off; this is it (produced)—he ran after the men, and I saw him put his hand into his breast pocket, but did not see anything in his hand till he ran and made a thrust at the man—the man turned round, and the prisoner put his hand on his shoulder, and as soon as he had done it, I caught hold of him, and he fell across my knee—I do not know whether he was pushed, or knocked, or whether it was the force of the blow—he fell back, I caught hold of his arm, and this knife dropped from his hand to the ground—I saw him drop it; it was then shut—he dropped it about a minute after I had seen him strike at the man—I did not see him shut it—I picked it up, wrapped it up in the handkerchief, and afterwards gave it to a policeman.
Prisoner. Q. Was the prosecutor's back or face towards me? A. His back—it was between 6 and 7 o'clock.
WILLIAM CHARLES POTTER . (policeman, K 212). I took the prisoner, and told him the charge; he said, "I did not stab him, I was fighting with him"—I produced the handkerchief and the knife, and he said, "That is my handkerchief; that is not my knife"—I have got the prosecutor's clothes here.
Prisoner's Defence. On 30th Jan. Mr. Sillett, who keeps a paper stainer's shop, sent to my place to say he wanted to see me very particularly; I went, and had got within half a yard of his warehouse, when the prosecutor and his two witnesses just passed me by; a snowball struck one of the party; I went up the steps, and took no notice; M'Carthy and Sheen came up the steps, and said, "You b——, if I thought it was you who threw it, I would cut your b——eye out with this tin bottle; "I said, "You must not do that, it was not me; I saw it thrown from the other side;"Mr. Sillett said, "You accuse this young man unjustly;" M'Carthy gave me a blow, I went down, we fought, and I threw him once or twice; he retained the bottle in his hand, and the last time I threw him he rolled over on his back, gave me a blow with the bottle, and out my nose open; the prosecutor came up, kicked me twice, and left me senseless; when I came to myself, two or three young men said, "Why not follow them, and give them in charge? come along;" I followed them, and said, "I shall give you into custody for striking me on the nose with that bottle;" he said, "I will give you some more if you follow me; "I tried to get it out of his hand; he made several cuts at me with it, which I warded off with my arm; the prosecutor and M'Carthy got me by the handkerchief, and nearly choked me; if I had had a knife in my pocket, I should have taken it out to out my handkerchief off; Sheen said, "I will fight you; "I said, "I can fight you, I cannot fight you all at once; "as I was fighting him, the prosecutor and the other witness came and pitched into me, and pulled me along the road by my hair, and while they were doing so, the prosecutor called out that he was stabbed; they all said that it was me that stabbed him, but I never had a knife in my possession.
GUILTY. of unlawfully wounding. Aged 36.—Recommended to mercy by the Jury on account of the provocation he received. — Confined Four Months.
MESSRS. ROBINSON. and MEW. conducted the Prosecution.
HENRY WOODMAN . I am a farmer, residing at Greenford. On Thurs-day, 1st Feb., I was at the White Star public house there, to pay the taxes—I saw the prisoner there in the early part of the evening, the latest time I saw him was about 6 o'clock—it is about half a mile from where I live—I left as near 9 o'clock as possible; I went straight home; I had got to my gate, and the prisoner or some other party sprang out on me in the snow, put his hand at the back part of my neck, and the other round my wais—he found he could not throw me in that way, and he tripped me up and I fell—he then put one hand over my mouth, and the other in the pocket where my purse was, but I think he tried the other one first—I had 2l. 2s. 6d. in a canvas bag when I left the public house, he got that away—the prisoner is like him, but he had a sort of handkerchief over the lower part of his face up to his eyes, and he would not speak a word—I have known the prisoner, and heard him speak frequently—I think I should have known his voice, if I had heard it—the handkerchief over his face prevents my swearing to him positively—I had my hands engaged in keeping my pockets; his finger accidentally came into my mouth, and I bit it; severely I thought—he went through the gate, and turned in the direction of his own home across the field.
Cross-examined by MR. CLARKSON. Q. You knew him, and he knew you? A. Yes; it is a person of the same name as him that keeps the public house—I went to the public house about 6 o'clock or a little past, it was not exactly dark—the prisoner was there when I went in—I had a little to drink, but was as sober as I am now—I very seldom go to public houses; if I do go I do not get intoxicated, or seldom; I do not go to public houses above twice or three times a week, if I do that—I cannot say that I get intoxicated two or three times a month, I may twice in the year—on that night I had a pint of beer in the tap room, and two small glasses of brandy and water, but you must understand that the spirits are not very strong in country villages—I had nothing else after that—I walked straight home till I got to the church, when I overtook Mr. Sayer—I cannot positively swear that the prisoner is the man who robbed me, but strangers are very rare indeed in that part of the country, and therefore I consider that it must have been somebody who knew me—I considered at the time that it was the prisoner, by his height and size—there is nothing extraordinary about his size—after I was robbed, I went to the public house to see if the prisoner was there—I had an opinion that I knew the person at the time I was attacked; I did not address him further than saying, "What are you going to do?" or, "What do you want?"—it was spread in the neighbourhood that night that I had been robbed, and the next morning the prisoner came down to my house, and told me that the peelers had been taxing him with robbing me—he said, "You have been spreading a fine tale about me, saying that I robbed you last night."
Q. Did you reply, "I did not say any such thing about you, I did not know who it was?" A. I did not say I did not know who it was; I told him I said no such thing—I did not add, "I did not know who it was"—I swear that—I said, "It was a man with a white smock, with a handkerchief round his face"—it was what you may term a white smock—the gate of my farm house does not lead across the fields, it is close by the road side
—the man did not go along any public path, he went through a gate which was standing open, into the field—that gate is ten or twelve yards from mine—he went towards Cawson's-lane—I mean to represent that that is in a direction from my house to his—it is not the other way—his father's house is on one side of the road, and Wilson's farm on the other—he went towards Wilson's farm, and his own house too.
MR. MEW. Q. You say you cannot swear to the man; have you any belief on the subject? A. I suspected him—I did not trace the footsteps; I saw them traced by Mr. Sayer from the spot where the scuffle took place—Mr. Middleton, the rector of Greenford, has known me four years, and knows my character well.
THE REV. JOHN CLEMENT MIDDLETON . I am the rector of Greenford. I received information of this robbery on Thursday, 1st Feb., as near as I can guess, about half past 9 o'clock—I immediately went out with my gun to the gate leading into the prosecutor's premises, and traced footsteps from there towards Cawson's-lane, for about three quarters of a mile, across the fields—there were no other footsteps about—they went into Cawson's-lane, and from there I traced them to a footpath, and could trace them no further—that footpath leads into the village, almost direct to Hunt's house—they led to several fences, which had been got over, and I traced them up to this lane—I did not trace them up to a wall—I informed a policeman of where I had lost the track—that was less than a quarter of a mile from the prisoner's house—there was a place at Mr. Woodman's gate where the snow had been trampled down, about twice the size of this table, as if there had been a scuffle; and a little beyond that the snow was trampled down, as if a man had been standing behind, the hedge—the footmarks in the snow were quite recent, and not at the ordinary distance, but very long steps, as of a man running—Mr. Wilson's is just opposite the prisoner's house.
COURT. Q. You traced the footsteps until you lost them by a wall? A. No; I traced them up to the footpath, which was trampled on, and there lost them—as far as I did trace them it was in the direction of the prisoner's house, but avoiding the lane until he crossed the road and got into the footpath.
Cross-examined by MR. THOMPSON. Q. You examined the footsteps the following day? A. I did after the prisoner was in custody, but I did not go over them and trace them.
MR. MEW. Q. Had you seen the prisoner's shoes at all? A. No.
JOHN SAYER . I am a schoolmaster, and live at Greenford. On the night in question, about half past 9 o'clock, I was near the Rectory gates, and heard a person cry, "Murder!" several times—the sound proceeded from down the road leading towards Harrow, in the direction in which the prosecutor iives—his gate is about 200 yards down the lane—I went down, and, just before I got to the gate, Mr. Woodman came up, and said that he had been robbed—I went to his gate, and had some conversation with him—he said that the person went over Bennett's field gate—I traced footsteps in Bennett's field—they went through the field for some distance, and then through a hedge, and towards Cow-lane—I traced them up to Cawson's-lane, and afterwards informed Mr. Middleton.
MARY ANN WILSON . I live at Greenford. On Thursday evening, Feb. 1st, about 10 o'clock, I was going up stairs, looked out at the window, and saw the prisoner coming from the field—I knew him well—Mr. Woodman's gate is about a mile from our house—if a person went round in the direction of Cawson's-lane, that would be in the direction of our house—the distance
from the prosecutor's gate to Cawson's-lane, and round to our house, would be about a mile altogether—there was no footpath in the direction in which the prisoner was coming—he was going fast—he got out of the field by breaking down a fence and getting over the hedge into the paddock—there is no footpath there—he had no business there—I said, "You are trespassing," and he crouched down, and went in a stooping position to the wall—I then went to another window, and saw him near the wall on the same side—I did not see him get over the wall, but there was only an interval of a second between my seeing him on each side of it—he could not go round the wall; there was no way but by getting over—I afterwards saw him go to his father's house, which is opposite ours—the field where I saw him is at the back of our house—a person could come from Cawson's-lane by crossing that field—that would be the shortest way—I saw no other person about that night—I could not see as far as Cawson's-lane; it was a very light night, but the distance prevented me—the moon was very nearly full.
Cross-examined. Q. How many rooms are there on your first floor? A. Four—I went into one room and the passage—I saw the prisoner go into his house from the front room, looking into the high road—I had a distinct view of him—he was dressed in a velvet coat, which he generally wears—I did not see a gun with him.
GEORGE LLOYD FOUNTAINE . I am a butcher of Greenford. On Thursday night, 1st Feb., I went out at nearly 10 o'clock, and saw the prisoner getting over the wall belonging to Mr. Wilson's premises—I called out, "Halloo, Joseph, what are you doing over there this time of night?"—he said, "I have been over to see if there is an old hare there"—he had a gun in his hand—as he came over the wall I heard a female's voice, very distinctly, call out; and he said to me, "If old mother Yorkey," that is the mother of the last witness, says, 'Who did you see getting over the wall?' tell her you did not see any one."
Cross-examined. Q. He had his usual dress on? A. Yes; similar to what he has now.
MR. MEW. Q. Had you seen him before that evening? A. Yes, at Mr. Hunt's public-house—I left him there—I did not notice that he had anything with him then—he was in the tap room and I was in the passage.
JAMES LOXTON . (police inspector). I received information of the robbery, and went and traced footsteps across the snow in Cawson's-lane, and across the fields to Mr. Wilson's wall, where some person had got over, near the prosecutor's house—I then went to the prisoner's house, searched it, and found nothing—I then went to the Red Lion public house, and found the prisoner sitting down—I asked him to stand up and let me look at his hands, and found the second finger had been bitten through, the gash was laid open an inch—it was not like the cut of a knife; it was a jagged wound—at the place where the party had got over the wall the moss was thrown down, and I saw some drops of blood on the snow under the wall, on the field side—I asked him bow he got his finger hurt—he said that he had cut himself at dinner—I told him I should take him into custody for robbing Mr. Woodman, and asked him where he dined—he said at home, with his mother—he followed me there with a constable, and I asked his mother, in his presence, if her son had cut his finger at dinner—she said, "No"—he said, "Mother, did not I cut my finger at dinner time?"—she said, "Oh dear, O Lord; I know nothing about it."
Cross-examined. Q. Who was at the Red Lion at the time you took the prisoner? A. I dare say there were some customers, but I did not notice
them—I had a constable with me—the Magistrate who was on the bench is our surgeon, and I showed the prisoner's finger to him—I examined the marks on the snow next day, but saw blood at no other part than by the wall, yet I traced the footmarks down to the wall—I saw no blood till I got to the wall.
NOT GUILTY .
369. HENRY OSBORN, CHARLES DAVIS , and CHARLES DRUCE , burglariously breaking and entering the dwelling house of Francis Newell, at the precinct of Norwood, and stealing there from 2 shawls, 40 lbs. weight of bacon, 1 shirt, 20 lbs. weight of cheese, 1 concertina, and other articles, value 5l., and 7s., his property; and 1 shirt, value 3s., the goods of John Stacey.
MR. THOMPSON. conducted the Prosecution.
JAMES LOXTON . (police inspector) On 24th Jan., I received information of a burglary, and went to Francis Newell's beer shop, at Bull's-bridge, in the precinct of Norwood—that bridge crosses the canal which comes to Paddington, and on to the City-road—I found the tiles taken off the roof of the house sufficiently for a man to get through, and they had taken a square of glass out of a window—there was only one square, and it was taken clean out—there were marks of a person having got through, and two doors had been forced open—I afterwards received these articles (produced).
JOHN STACEY . I am clerk to the prosecutor, and live at his beer shop. On 23rd Jan., I went to bed between 10 and 11 o'clock—I locked all the doors—I got up next morning, between 5 and 6 o'clock, and found the cellar door broken open from the inside—(they had got in another way)—the next door was not broken open, but the bar was taken down—the next place had the glass cut out of the window by a sharp instrument quite as clean as ever it was put in, and it was laid down carefully on a bench—five tiles were taken off the roof, and the outer door was left open—the roof of the back house is about six and a half feet from the ground—Mr. Francis Newell lives in it—it is in the parish of Hayes, in the precinct of Norwood—this shirt is mine—it was in the house on the night of the 23rd, with the dirty linen for the next morning's wash.
MARY ANN NEWELL . I am the wife of Francis Newell, the keeper of this beer shop. On 23rd Jan., I went to bed about half-past 9 o'clock—next morning, between 5 and 6 o'clock, Stacey called us up, and I missed a quantity of articles—this shirt is Mr. Newell's—this money box is my little boy's—this box is my sister's—this knife was on the bacon—the shawls have not been found—we have lost a concertina, also 80 lbs, of bacon, 6 lbs. of fresh butter, five quartern loaves, and 3 lbs. of tea done up in 1 oz. packages—my husband is a brick maker, and also owns boats—we keep a small shop, and supply the boat people with bacon and beef—the prisoners have been in the house as customers.
WILLIAM MORRISS NEAVE . (policeman, T 94). From information I received, I went and saw the witness Joel in a boat, at Bull's-bridge, close to the beer shop, and had a conversation with him—he went with me to Paddington, and showed me where the witness Cordroy lived—I took Joel into custody, and he was discharged by the Magistrate while the case was going on.
JOHN MANSELL . (policeman, T 1). I took Druce into custody on 8th Feb., and searched him, and he was wearing the shirt produced—I received these money boxes from Mrs. Newell—they had contained money, and were afterwards found by Mrs. Newell in the stable.
who attends to the horses in the stable—they were given to me outside Newell's door—I had missed them in the morning—this shirt is mine.
HENRY HOUSE . I am captain of a boat, called the Mary, which works on the canal between Norwood and Paddington. On 23rd Jan., the three prisoners spoke to me in Wharf-road, Paddington, and asked if they might come to my boat in the morning, and have their breakfast—Collins, a fourth man who was with them, asked me that—I knew them by sight, but did not know their names—I told them they might if they liked—next morning, between 7 and 8 o'clock, they all four came—they had with them two shawls, two shirts, a basket with some beef in it, a concertina, some tobacco, a little cheese, and some tea in ounces, two or three ounces—we had some of the butter and tea for breakfast—while they were at breakfast they said that they had robbed Frank Newell—I knew him, and told them to take the things out of the boat—they did so, but left a shirt and the concertina behind—Collins came in three or four days, and fetched the concertina, and about a quarter of an hour afterwards the others came—Joel took the shirt—he was employed on the boat.
THOMAS JOEL . I remember the prisoners having their breakfast on our boat, at Paddington—I do not know the day of the month—I heard them say that they had robbed Francis Newell's house—I did not see anything with them—I was with the horse at the stable that morning—House and I told them to take the things from the boat—they left a concertina and a shirt behind—I took the shirt, wore it three or four days, and gave it to Maria Cordroy afterwards.
Druce. I bought the shirt that the policeman found on me.
OSBORN— GUILTY . Aged 28.
DAVIS— GUILTY . Aged 17.
Four Years Penal Servitude
DEUCE— GUILTY . Aged 17.— Confined Eighteen Months.
(There was another indictment for burglary against Osborn and Davis.)
Before Mr. Common Serjeant.
EDWARD SHILLITOE . I live at Barking, in Essex. On 17th Jan. the prisoner came to nurse my wife—she was with me four days, and on the evening of 20th Jan. she was going away—she had come on Wednesday, and was going on the Saturday—I had to go to a box, and her shawl laid on the box—as I lifted the box lid, an article that we call a roundabout, which is a worsted frock, fell out of her shawl—I also missed a frock, a serge shirt, a petticoat, and a fancy shirt—I went for a policeman, and he
found the duplicates at the prisoner's house—I went with the policeman to the pawnbroker's, and found these articles—these three articles I cannot swear to, but they are just such as I had—this one I can swear to, it has the name at full length—I missed it on the Tuesday after the prisoner was gone—1 had seen it safe on the Tuesday before she came—I did not see it while she was there—the article that fell out of her shawl is not here.
WILLIAM ABBOTT . I am in the service of Mr. Millett, a pawnbroker, at Barking. I produce these four articles—the prisoner pawned this serge shirt and this fancy shirt, one on 26th and the other on 27th Jan.—the other two articles were pawned by Wright.
ELIZA WRIGHT . I pawned this petticoat and worsted frock on 26th and 27th Jan.—the prisoner brought them to me, and asked me to pawn them—I gave her the money, and she gave me 2d. for myself each time.
HENRY MILSTED . (police-sergeant, K 12). In consequence of information, I went to the prisoner's house on 31st Jan., about 6 o'clock in the evening—I knew her before and knew it was her house—I found some duplicates on the mantelpiece—four of them related to this property—I went to the pawnbroker's with the prosecutor, and he identified the property, this serge shirt in particular—I afterwards took the prisoner—I told her the charge—she said, "I know I have done wrong, but I intended getting them out, and I have been to borrow the money to do so."
Prisoner. I have been there twelve months, and was in great distress; I had not a bit of bread; I took them to get some food for my children, intending to get them out again; I hope you will have mercy on me.
GUILTY . Aged 33.— Confined Fourteen Days.
WILLIAM HARTSHORNE . I am a builder. I had a diamond for cutting glass—I am a glazier occasionally—the prisoner was in my service for a short time before Christmas—I do not think he was in my service for a week altogether—I missed a diamond about a fortnight or three weeks ago—the last time I saw it safe was about two months before that—when I missed it I gave information to the constable—this is my diamond (produced)—I know it by my son's initials on it, G. H.
WILLIAM PARISH . I am a labourer, in Essex. About three weeks before Christmas I offered to sell a coat to the prisoner—he afterwards came to my lodgings and took the coat away while I was at home, ill—on Christmas morning I went to a beer house where he was—he said he could not pay for the coat then, but he would as soon as he could—a short time afterwards I received this diamond from him—I was to keep it till he paid for the coat—I gave the diamond to my father, to keep for me—this is the same diamond.
THOMAS HOLDEN . (policeman, N 346). I am stationed at Chingford. I received information from the prosecutor about this diamond; I made inquiries, and searched—I got some information from William Parish, and went after the prisoner—I apprehended him; I told him what he was charged with—he said, "I hope you won't tell my master that I stole it; I was going to take it back to him again—he said he found it amongst some shavings, outside the shed; and after that he stated that he found it amongst some glass in the yard—I got the diamond from old Parish—this is it.
Prisoner's Defence. I found it in the yard amongst somse shavings and glass.
GUILTY . Aged 19.— Confined Six Months.
Before Mr. Recorder,
372. ELIZABETH GREEN, alias Henrietta Jones , stealing 1 ring; value 10s.; the goods of Mary Ann Tucker; also, 2s. coats, and other goods, 2l., and 1l. in money; the property of George Knock; also, 2l. In money, of Joseph Edcock; having been before convicted: to all which she
PLEADED GUILTY . Aged 22.— Four Years Penal Servitude.
MR. BROW. conducted the Prosecution.
JULIA CLARA MAHONEY . I am the wife of Patrick Mahoney; we live at No. 1, Gilbert's-alley, Stratford. The prisoner is my husband's brother's son—on 10th Sept. I left home at a quarter before 1 o'clock—I locked up the house when I went out—I returned about a quarter before 5 o'clock; I then found that our two doors had been broken in by force—the front door first, and when I went up stairs, I found my own room door broken open—that had been locked—I went into my son's room first—his name is James; he is over 19—I missed his suit of clothes—I looked into my own room—the door was smashed, and everything taken away—a pair of new boots, and a silk handkerchief of mine, and all my husband's clothes were taken away, and I picked up this handkerchief (produced), belonging to the prisoner, close to my bed—I know it to be the prisoner's handkerchief—I had seen it in his hand several times—he did not live in our house, but he was in the habit of coming in—I have never washed or hemmed it for him—I saw the clothes that I had missed, at Stratford, to-morrow fortnight—I received some duplicates by post after the house was broken open—I do not know the prisoner's writing, but I received four duplicates three weeks or a month after the robbery; I gave them to the policeman.
Prisoner. Q. How can you swear to this handkerchief? A. There is no particular mark on it, only a hole in it—I saw you with a handkerchief with a hole in it about a fortnight before—I saw you wiping the boy's face with it when I was getting him off to school.
PATRICK MAHONEY . I live in Gilbert's-alley. I received information about my house being broken open on 10th Sept. from my wife—I missed a pair of shoes of mine, a jacket, a rough pilot coat, a waistcoat, this handkerchief, and these shoes, which are new—I bought them on the Saturday night, wore them on the Sunday, and lost them on the Monday following.
COURT. Q. What do you know them by? A. They were rather too big for me, and by the bend of the shoe here, where my toe did not come to the end—this is my handkerchief—it has been worn a little in the middle—I believe it to be mine.
JAMES MAHONEY . I am the son of the last witness; I live at home, at Gilbert's-alley. I received information of this robbery on 10th Sept., when I came home from work—I lost a coat and trowsers, a waistcoat, and a flannel jacket, and 3s. 6d. in money, which was in my trowsers pocket—these are my trowsers, and this is the coat and waistcoat.
ELIZABETH HILL . I am the wife of George Hill; I live at No. 2, Gilbert's-alley, next door to the prosecutor. I was going out into my back yard on that day, between 2 and 3 o'clock—I saw the prisoner and Flynn standing against the palings in the passage, which runs along the back of six houses—I do not know how the prisoner must have got there, unless he went through a house, or over the palings—there are six houses, and each has a yard, which opens into the passage, and there is the pump—there is no way
to get to the passage, but through one of the houses, or over the palings—the prisoner and Flynn were about the middle of the passage, the width of two yards from the prosecutor's.
Prisoner. Q. Is not this pump for other houses? A. Yes; occasionally other persons come to the pump, but it is for the use of the six houses—I did not see you in Mahoney's yard.
WILLIAM THOMAS TAYLOR . I am an assistant to my father, who is a pawnbroker, in High-street, Homerton. These shoes and black handkerchief were pawned at my father's, on 11th Sept., I believe by the prisoner—he gave the name of Driscoll—I took them to the prosecutor, and he identfied them—I have had them ever since.
Prisoner. Q. Did you see me come into the shop with these shoes and handkerchief? A. I believe it was you.
COURT. Q. Had you ever known him before? A. No—he was not long in the shop; I should think about a quarter of an hour—he was merely waiting at the counter to be served—I believe we had three or four customers—I did not take great notice of him—I cannot recollect how he was dressed—one of those duplicates that came to Mrs. Mahoney is the one I gave.
HENRY ASHFORD . My father keeps a pawnbroker's shop, in Bethnal-green-road. These black trowsers were pawned at my father's on 12th Sept.—this is the duplicate I gave—the name of Flynn is on it—I advanced 5s. on them.
JOSEPH GRAY . I am an assistant to Mr. Cassell, a pawnbroker, in Brick-lane. This waistcoat and coat were pawned on 12th Sept., in the name of Flynn—this is the duplicate—I was not able to identify the person who pawned them.
JOHN WILLIAM MANNING . (police sergeant, K 5.)I received information of a robbery at No. 1, Gilbert's-alley, on 10th Sept.—I went there with Benton, and examined the premises—I went after the prisoner, and could not find him—I saw him on the night of Slat Dec.—I knew where he lived; in Gilbert's-alley—not in the same house as the prosecutor, but in, the last house but one in the row—I know the position of those houses—I believe there is a communication from the house he lived in to that passage—he lived with his father and mother, I believe in No. 6—I found him at his father a on the night of 31st Dec—I apprehended Flynn at the same time.
Prisoner. He says it is No. 6, and it is No. 9.
COURT. Q. This passage is common to all those houses as well as the prosecutor's? A. Not all—I believe some have a communication with the passage, but some have not—I rather think the prisoner's father's house has not, but I cannot say positively—I never saw the prisoner at his father's house, but I have seen him go in the passage.
WILLIAM POLLARD . (policeman, K 336). I was conveying the prisoners to Ilford gaol, on this charge on 1st Jan.—on the road, he and Flynn slipped their handcuffs, and escaped on the Wanstead flats—I cannot say when I saw the prisoner again—it was one day this month.
JOSEPH BENTON . (policeman, K 381). I am stationed at Stratford; I went on 10th Sept. to the house of the prosecutor, with Manning—I saw this handkerchief there—Mrs. Mahoney gave it me in the house—she said, "This is Jack's. handkerchief"—I have had it in my possession till to-day—I received the duplicates from her, these are them, which the pawnbrokers have identified—I also went down into Kent after the prisoner,
when he had absconded from his work—he lived at No. 9, Gilbert's-alley, I have known him for years—I had seen him on the day of the robbery in company with Flynn, about 10 or 11 o'clock in the morning—I apprehended him on 7th Feb., at the public house in George-yard, Whitechapel—I told him I was going to apprehend him, for breaking into Mrs. Mahoney's house—he said he should not have done it if he had not been tipsy, or if he had been sober.
Prisoner. Q. Did you come by yourself? A. Yes; I came and spoke to you first—you said, first, you should not have done it if you had been sober, and then you said, "Joe, will you give me a drop of rum?"
Prisoners Defence. Mrs. Mahoney says her house was broken into the front way, and we were seen at the back; how could we break in at the front, if we were at the back?.
COURT. to JULIA CLARA MAHONE. Q. Was your back door safe when you got back? A. It was not broken, it was latched—I had locked it when I went to my work—I had bolted it—I bolted three doors when I went out—when I came back, the back door was unbolted—it was only latched—the lock of the front door was broken.
JOHN WHITE . I am high constable of Yalding, in Kent. I produce a certificate of the prisoner's former conviction—(read:"Maidstone Quarter Sessions, John Mahoney, convicted, Dec., 1830, of stealing eighteen live tame fowls; Confinedfourmonths)—the prisoner is the man—I had him in custody.
CHRISTOPHER LLOYD . (policeman, K 297). I produce a certificate of the prisoner's former conviction—(read: "Central Criminal Court, John Mahoney, convicted, April 1853, of stealing 2s.; Confined six months")—the prisoner is the man—I had him in custody, and was at his trial.
GUILTY.* Aged 22.— Six Years' Penal Servitude.
374. EMMA BOURNE , stealing, at West Ham, 1 bed, 1 box, 1 cup-board, 1 set of fire irons, 1 table, and 1 chair, value 1l. 0s. 6d.; the goods of William Wilson: having been before convicted: to which she
PLEADED GUILTY . Aged 21.— Confined Six Months.
Before Russell Gurney, Esq.
MARY ANN LAMMING . I am the wife of Walter Lamming, of Barking. On Friday, 16th Feb., I hung out some dresses to dry—I saw them safe at 6 o'clock, and a quarter of an hour afterwards missed a light cotton gown—I did not see it again till last Saturday—this (produced) is it.
HENRY MILSTED . (policeman, K 12). I took the prisoner, and told her the charge, and asked her for the ticket—she said, "I pawned it for another person, and she gave me a penny for doing so"—I have not found any ticket.
Prisoners Defence. Not knowing it was stolen, I pledged it.
GUILTY. on 2nd Count.—Aged 19.(The policeman stated that her father and step-mother had pawned her clothing when she came from service, so that she could not go to service again.)— Judgment Respited.
Before Russel Gurney, Esq.
PLEADED GUILTY . Aged 19.— Confined Twelve Months.
AMBROSE FERMINGHAM . (policeman, R 390). On Thursday, 1st Feb., I was on duty at Woolwich, and in consequence of information, went to a marine store shop in the Lower-road, and found the prisoner there, about half past 7 o'clock—this lead pipe (produced), was in the scale—I asked the prisoner where he got it, he said he found it in the Lower-road, Greenwich—I took him to the station—I afterwards examined an unfinished house at Greenwich, and found that some pipe had been taken away; I compared this pipe with the place, and it agreed—I found a clod of snow there, the marks on which corresponded with the prisoner's boot—I took the snow to the station, and compared it there—I laid the snow on it, but the snow was quite hard, in a cake.
JOHN KIRBY . I was taking care of the house, No. 30, St. Mary-street—I saw the pipe safe about half past 5 o'clock, on the evening the prisoner was taken, and missed it at 7 o'clock the following morning—it is worth 25s.—this is the same sort of pipe, but it is not all here, and the ends will not match.
Prisoner's Defence. I found it.
GUILTY . Aged 45.— Confined Three Months.
MARY ANN COL . I am the wife of Henry William Cole; I am a laundress. I had some clothes hanging at the door, they were safe between a quarter to 6 and a quarter to 7 o'clock, and at 7 o'clock I missed a shirt, a night shirt, three flannel petticoats, and one night gown, they were worth 1l.—the back of my garden adjoins the Ravensbourne river, and is separated by a fence.
MARY ANN CASEY . I keep a second hand clothes shop at Deptford. The prisoner came on Thursday, 15th Feb.; I did not know her before—she brought a day shirt and a night shirt, and sold them to me for 2s.—it was between half past 8 and a quarter to 9 o'clock—she said it was to help to get her husband to work—on the following day she came again, and brought three flannel petticoats and 1 bedgown, she asked 5s. for them—she saw a cloak hanging up which she agreed to buy for 18d., and I gave her 3s. 6d—she came again in the evening, and brought two linen sheets, but I did not buy them; I sent for my husband, who said that they had been stolen off some clothes line—she said that she came honestly by them, she bought them of somebody who lived in the same house with her—my husband gave her into custody, and I gave up the property to the constable.
GEORGE CHAPMAN . (policeman, R 208). I was at the station when the prisoner was brought in—I knew that she lived at No. 3, Mill-lane, Deptford—I went there and found this petticoat (produced) hung on the bed—I asked her how she accounted for it; she said that a boy named Patsey had brought it there.
Prisoners Defence. I bought them, not knowing they were stolen.
GUILTY.* on 2nd Count. Aged 32.— Confined Six Months.
(There was another indictment against the prisoner.)
ELIZABETH ANN REED . I reside with my brother, at Brockley-lane, Deptford. The prisoner was in my brother's service—she left in the early part of Jan., and I afterwards missed two gowns, three jackets, a pair of cuffs, a petticoat, three shawls, and a satin mantle, which I had seen safe about a fortnight before she left—they were kept in a chest in the front kitchen which was not locked.
JAMES BUCHANAN . I am shopman to Mr. Sharpe, a pawnbroker, of Deptford. I produce a lustre dress, pledged on 26th Dec.—I cannot say that I was present—it had a new ticket on 8th Jan., but I was not present to my knowledge—no other person from the shop is here—I produce a shawl and scarf, pledged with me, one on 30th Dec. and the other on 18th Jan., I cannot be positive who by—I have known the prisoner some length of time, and likewise her mother—I have received articles of both.
JOSIAH TURNER . (policeman, R 307). The prisoner was given into my custody by the prosecutrix's brother on, I believe, 4th Feb.—I told her that she was charged with stealing a quantity of wearing apparel from her mistress, and pointed to this dress, which she was then wearing, and said, "You have now one of the dresses on"—she said, Yes, it was—I then read over the list of missing articles to her, and she said that she had taken the lustre dress and pledged it, also the shawl, at Mr. Sharpe's—I went there and got them—she said that the black mantle was pledged at Mr. Tye's—the other things she said she knew nothing about—she said she should not have done it if the other servant had not persuaded her to do it.
GUILTY. Aged 17.—Recommended to mercy by the Jury on account of her youth. — Confined Three Months.
Before Mr. Common Serjeant.
MR. MEW. conducted the Prosecution.
LOUISA PLAISTED . I am the wife of Thomas Wilkes Plaisted, of High-street, Woolwich. The prisoner was in his service on 26th Feb., and had been so about two months—on the night before that, Friday, I had marked
some money in the presence of Mrs. Cleall, to whom I gave it, requesting her to have some goods purchased at our bar as near 8 o'clock on the next morning as possible—next morning, about half past nine o'clock, I examined the till, and found one half crown, and 13s. 8d. in small silver—there was no 5s. piece there, but I found one, and the other half crown I had marked, on the top of the pounds which I had left the previous night—I always leave 2l. in silver over night, in a glass case, that they may not want change—I afterwards told the prisoner that I suspected her of being dishonest, as I had marked two half crowns and a 5s. piece, and one half crown I had missed, which must be in her possession, and I said, "If you are not guilty you will show me what you have in your pocket"—she said, "I do not see that you should ask me that; I cannot see why you should do so"—I said, "If you are innocent you will not object," and she took her purse out in Mrs. Cleall's presence and mine—I examined it, and took out this half crown (produced)—it is one of those I had given to Mrs. Cleall—I know it by the cross on the chin, and I took the dates down—when I first spoke to her she said that she had no money but what belonged to her.
Cross-examined by MR. BALLANTDH. Q. What other silver had she in her purse? A. 3s., and a half sovereign—it was a porte monnaie—my husband is here—he wanted her to give some explanation, but I said, "Go for a policeman; she will not own to it, therefore you had better fetch a policeman."
ELIZA CLEALL . I received two half crowns and a 5s. piece from the last witness, on 26th Jan., in the evening, and gave them to my sister, Miriam Taylor, with instructions to purchase some goods at the shop.
MIRIAM TAYLOR . On 27th Jan. I went to the prosecutor's house, by the direction of the last witness, who gave me a 5s. piece and two half crowns—I knew that they were marked, and noticed the half crowns particularly—I went and asked for a bottle of rum, brandy, and gin, at two minutes after 8 o'clock in the morning—the prisoner put the liquor into two of the bottles, and the boy filled the bottle with gin—only the prisoner and a little. boy were serving at the bar—I paid the prisoner with the 5s. piece and the two half crowns—she put them into the till, and gave me 10 1/2 d. change.
MR. BALLANTINE. to MRS. PLAISTE. Q. Was a boy named William in your employment? A. Yes—the prisoner said that William had fetched her some tea in the morning—William was before the Magistrate, and was examined on the Saturday.
MR. MEW. Q. Did you know anything about any tea having been sent for that morning? A. Not till I was at the Court—when I found the half crown on her she did not say anything about having sent for some tea.
SAMUEL WATTS . I am a constable of the parish of Woolwich. On 27th Jan. I received the prisoner in charge—Mr. Plaisted charged her with robbing him of half a crown from the till—Mrs. Plaisted was present—the prisoner said that she had nobody's money but her own—I asked her to let me look and see what she had got in her purse; she did so, and half a sovereign, three shillings, and a halfpenny, was found on her—I afterwards made a further search in company with Newell.
WILLIAM JOHN PEMBURY . I am in the service of Mr. Plaisted. On 27th Jan., about half-past 7 in the morning, the prisoner sent me out for some tea, and gave me 6d. worth of halfpence—I fetched it, and afterwards saw Taylor come in to fetch some spirits, and I filled one of the bottles.
NOT GUILTY .
MR. MEW. conducted the Prosecution.
EMMA SMITH . I am the wife of George Smith, of No. 8, Martyr's-pasaage, Woolwich. On Sunday, 4th Feb., about half-past 10 o'clock, the prosecutor came to my house, and asked for a bed—I told him he could not go into one of my beds in the state he was; he was all over mud and blood, and rather intoxicated—I told him he must go away from my door—he said he wanted a bed to lie down on, pulled out eight half crowns, and said, "You think I have no money," counted them into his hand, and put them into his right hand waistcoat pocket—he had a watch, with a guard, round his neck—the prisoner Welch came up to the door, and caught the prosecutor round the neck at the time he was counting the half crowns—he kept hugging him, and put his hands into the prosecutor's pockets—I said, "Leave him alone; he is a stranger to you"—the prisoner said, "Come with me to a lodging; I will get you one," and he asked him several times for his watch—he said, "I will not give my watch up to anybody"—I ordered the prisoner away from the door—I then shut the door, and heard them wrangling very much—I went out and told them to go away, and they went away together—about half-past 12 o'clock I heard a row, went to the door, and saw a constable and a young woman, who said that there was a person robbed of his watch and money—I went to the house, and found that it was the same man—I saw the prisoner and prosecutor in the room together.
Welch. Q. What pocket did you see me put my hand in? A. The right hand waistcoat pocket.
HENRY HAYLING . I am a carpenter, of Robert-street, Plumstead. On Saturday, 4th Feb., I applied to the last witness for a bed—I took out some half crowns, showed them to her, and put them into this pocket—she refused to give me a bed, because of the state I was in—I had had a slip down, and was not quite sober—the prisoner Welch came up while I was speaking to her, and said, "I will take you to a bed," and I went with him—he wanted me to give him my watch, but I would not—he took me to a house, and I saw the female prisoner there—she went up stairs first with a light, and Welch went next, taking hold of me, and then he shut the door—no conversation took place between me and the female prisoner—I was not asked a question—they knocked me down across the bed, with my legs hanging down, and my body on the bed—I was stunned; and as near as I can guess a quarter of an hour afterwards I saw Richards go down stairs—she came back in about three minutes—they then both came and stood together, and I got up, missed my watch and money, and asked them both for my watch and chain—they both said that they had not got them—I went to the door, saw a policeman, and made a charge.
Richards. Q. Did not you both lay yourselves on the bed? A. No—I was knocked down; you saw Welch knock me down—Welch delivered the watch to the mistress of the house, and she gave it to me—I cannot say whether you touched me after I was knocked down—I did not ask for a girl—the policeman searched Welch up stairs, and took eight half crowns out of his hand.
MR. MEW. Q. Where was the rest of your money? A. Six sovereigns were tied up in an old watch pocket here.
Sunday, 4th Feb., in the evening, Welch and the prosecutor came there—the prosecutor stumbled on his knee on the step, and the prisoner picked him up, and they came and sat on a form for twenty or twenty-five minutes—Richards and two other young women were in the room—the prisoners knew one another before—Welch said, "Martha, I have no money, but I have got a silk handkerchief, and I will give it to you; you can pledge it in the morning if I do not come and bring you the money for it"—presently the prisoner got up, and took the prosecutor up stairs with him, and Richards went up with a candle—I stopped down stairs, and presently I went up to the room door, and the prisoner turned round and said, "'It is all right, mother, you can go down again"—I went down, and about five minutes afterwards I heard a bustling up stairs; I went up, and found the prosecutor standing at the room door, bleeding from the nose a good deal—he said, "I have lost my watch"—I took hold of the key of the door, and said, "Nobody leaves this room till his watch is found"—Welch stepped up to me, spoke rather rough, and said that he would go—I said, "No," and he took the watch out of his jacket pocket, and put it into my left hand—the prosecutor was standing by my side, and I handed him the watch, but there was no chain on it—this is the watch (produced)—a policeman came, the prisoner was given in charge, and I saw the policeman take eight half crowns from his hand?.
Richards. Q. Was not I searched, and nothing found on me? A. Nothing, but 2d.
MR. MEW. Q. Bid you see Richards come down stairs before you went up? A. Yes; she came to ask me if the prosecutor had paid for the bed—I said, "No"—she said, "He has told me that he has got no money"—she was only down stairs about two minutes—there was nobody in the house but the two young women, and they were in the kitchen—no communication took place between her and them when she came down—she was searched at the time the policeman came, and only 2d. was found in her pocket.
ELIZABETH BRADSHAW . I live at Mrs. Early's. On Sunday evening, 4th Feb., Welch brought the prosecutor to the house—I and another female, and Richards, and the landlady were there—Welch said to Richards that he had not got any money, but he would leave a handkerchief till he called for it, perhaps it might be on Wednesday—they were there about twenty minutes, and then the prisoners and the prosecutor went up stairs—about a quarter of an hour afterwards, I heard a noise, and went up stairs with Mrs. Early—the prosecutor said that he had lost his watch—he asked them both for it—Welch said that he had not got it, and Richards said she had never seen it—Mrs. Early said that nobody should go out of the room till it was searched—a policeman came, and the prisoners were searched.
Welch. Q. Did you see the prosecutor undressed and in bed? A. No, I saw him with his coat off—I did not tell you to get up from the bed because a woman was going to sleep with him—I did not tell you to go into the next bed.
MR. MEW. Q. Have you seen the prisoners together before? A. Only once—I have been there about fourteen weeks.
ROBERT MARTIN . (policeman, R 321). On Sunday, 4th Feb., about a quarter to 1 o'clock, I was called to this house, and went up stairs—I saw no person at the door when I went in that I am aware of—I saw the prosecutor up stairs with the prisoners and the last witness—Welch was charged
with stealing a watch and guard—I searched him, and found eight half crowns—I asked the prosecutor if he was confident he had lost no money—he said that he had lost 5s.—I took him to the dockyard gate, to the inspector, who asked the prosecutor how much money he had in his possession—he said six sovereigns and eight half crowns—Welch had the eight half crowns in his hand—I had given them back to him, as the prosecutor said that he had lost no money—the inspector asked Welch how much money he had when he left the barracks—he said, "1l. "—the inspector said, "How much have you spent?"—he said, "Half a crown"—the inspector said, "How is it you have 1l. now?"—he said, "I brought 1l. 5s., from the barracks, 1l. of my own money, and 5s. I had of my comrades for doing little odd jobs"—he said that the prosecutor had given him the watch in the house, and he knew nothing about the guard—no account was given of any other money.
Welch. Q. Did you see him with both braces on one shoulder? A. Yes; you said that he had lain on the bed—at the station, I ordered you to take your coat and boots off—I did not see you put your hand in your pocket to take anything out.
Richards. Q. Did you search me? A. You only turned your pockets inside out in the room; and Welch did so also, at my request.
MR. MEW. Q. Was she searched elsewhere? A. No; she was a witness next day at the police court, and the case was remanded till the next day week, when upon the policeman's statement the Magistrate ordered her to be locked up—she was not searched till she was taken eight days afterwards.
Welch's Defence. I was going home to my barracks, and met this man; he said, "Now, soldier;" I said, "Well;" he said he had been with a woman, and two men had taken her away, his breast was open and bleeding; he said that he should like to be a soldier, I told him he was not big enough; we had some beer, and I said I would find him a bed; he turned down some street, and I overtook him talking to a young woman outside some railings, and asked him how he was getting on; the woman told me to go about my business, I said that I would when he went and not before, and took hold of his hand and took him away to this house, there were five or six other females there and other soldiers; he wanted to go to bed, Richards went up to show him a room; he gave me his watch, and said, "Here, you take care of this till to-morrow morning, and he undressed himself and went to bed; I sat by the bed side talking to him, and a young woman who was to sleep with him took a fancy to my handkerchief; I had some money, which I had saved up since before Christmas; the young woman asked him for the money for the bed; he would not pay, and she wanted him to get up; she pulled the bed clothes off him, and then he put his trowsers on and said he wanted his watch; I said, "Did not you give it to me, to take care of till to-morrow morning;" the landlady then came, and I gave it to her; a policeman came, who asked me what I had got in my hand; I said, "My own money," and the man gave me in charge; before we left the house the policeman asked him if he had any money, and he said, "6d.;" and at the dockyard gates he said he had 5s., and felt in his pocket and could not find it; the inspector asked me how much money I had, I said, "About 1l.;" he asked me how much I had spent; I said, about half a crown. Richards's Defence. I lighted the men up stairs to bed, turned down the
bed, and they both threw themselves upon it; I had all my things pulled off and was searched, but only 2d. was found on me.
WELCH— GUILTY . Aged 18.— Confined Eighteen Months.
RICHARDS— GUILTY . Aged 22.— Confined Four Months.
Before Mr. Common Serjeant.
PLEADED GUILTY . Aged 27.— Confined Six Months.
Before Mr. Recorder.
MR. COOPER. conducted the Prosecution.
JOHN LAWRENCE . On Sunday morning, 14th Jan., I was out with Charles Adams—we went up to Mr. Egerton's fields, and walked round till we came to Mr. Duncan's, near the wood—we had a dog with us, a little bit of a puppy—when we were near the wood the dog drove a rabbit out of the hedge into the wood—it went into a hole, which was between four and five yards in the wood—Adams and I went down a little way by the side of the wood, and Adams said to me, "Stop a minute; hearken if you can hear any one"—we could not hear anything, and we got over into the wood, and, with a little stick that I had, I began spudding in a hole—I went down on my right knee; my right hand was in the hole, and Adams was stooping down, looking—we had not been there more than a minute before we were shot—I was shot in my right thigh and right arm—we got out of the wood, and as soon as I got over the hedge I fell down—what made me fall was the wound of the shot numbing my leg so—I got up, and walked a little further, and fell down again—the prisoner appeared on the bank—he had a gun, holding it in his hand—I cried, "O Hampshire, I know you; you have shot us"—he said, "You are shot, and I don't care a d—; I will shoot any other man that comes on the premises"—we then made our way home as well as we could—Adams said to the prisoner, "I shall go down to the police station"—I was so full of pain that I do not know what the prisoner said—he did not come up to us—he never assisted us in the least—I cannot say how far the gun was from us when it was fired—I looked round, but I could see but a very little distance, for the smoke from the gun—the smoke looked to be but a very little distance, such a thing, as nine or ten yards—I should think, by the report, that the gun was about twenty yards off—. Buxton came up and helped me—I was lying down—I have since been in the hospital and in the Union—I am still under medical care.
Cross-examined by MR. CLARKSON. Q. This was on Sunday morning, was it? A. Yes—I believe it was in church time—it was about 12 o'clock when this happened—we had been walking round for about two hours—the dog was a little bit of a tin kettle thing—it had no breed belonging to it—it was Adams's dog—we were in a field that was ploughed on both sides—the rabbit was turned up between thirteen and fourteen yards from the wood—I believe the wood is Mr. Foster's—Mr. Duncan uses the land—this was the first Sunday I ever had this turn up—this was not a new place, but I never was out before—I do not know whether there were pheasants in the wood, or whether it is a preserve—I live about a mile from it—there were nut bushes in the wood—I had got four or five yards into the wood, and there was a hole, and we stooped down—before we went in Adams told me
to listen if we heard anything—the dog went in first, and began to scrape the hole—I helped him with a little stick that I had—I began spudding in the hole—I did not say, before I saw Hampshire, "I know you; you have shot us"—I was not shot in the face—one or two shots were extracted from me—when I was shot I was down at the hole—I was not scraping, I was running my hand in—the dog was not scraping, he was gone down the wood—I do not know what a spring is—I am about twenty-one years old, I do not know exactly—my occupation is doing anything in a labouring way—I did a day's work for Mr. William Lane about a week before this happened—I had the rheumatics in my hip, and was doing nothing the rest of that week—I had not been in the Union—I am sometimes working at one place, and sometimes at another—I did not say, "Hampshire, I know you," before I saw him—when I saw him he came on the bank, out of the wood—when I saw him, I said, "Hampshire, I know you."
Q. Did you know that Hampshire was the under keeper? A. I have seen him about the premises—I cannot say that I saw him have a gun before that day—I have not been in Lewisham a very long time; about three years, off and on—I was working in Middlesex some time, on the railroad—I first went to work for Mr. Mayo, a farmer—I cannot tell how long ago—it is about ten years since I left him—I was with him but a very little time—I was cow minding in Suffolk—I was minding my brother's cows about twelve months—I cannot tell what became of me then—I have not had any regular work for the last five years.
MR. COOPER. Q. Till this happened have you maintained yourself by industry? A. Yes; I had never been in a Union before—I lived with my parents at Bradley, in Suffolk—since then I have maintained myself as a labourer.
CHARLES ADAMS . I am eighteen years old. I was out that Sunday with Lawrence, walking in Mr. Egerton's field—Mr. Duncan's wood borders on that field—I had a dog with me—a kind of house dog—a rabbit was put up—the little dog followed the rabbit into the wood, and I said to Lawrence, "There is a rabbit in that hole, I think, as the dog is scratching in it, but let us listen before we get in"—I did not wish to get into trouble—we got over the bank, and got into the wood, about five yards—we were kneeling at the hole, and Lawrence had got a stick in his hand—I was shot in my left calf, left thigh, left arm, left side, and my head.
COURT. Q. What position were you in? A. I was almost lying down, leaning on my left side—I did not say anything till I got out of the wood—Lawrence said to me, "I am shot"—I said, "So am I; Hampshire shot us"—he said, "Yes, it must be him; I don't think it can be any one else"—at that time the blood was running from my head down to my neck; I was wiping it off with my handkerchief—I saw Hampshire after we had called out two or three times—he was fifteen or twenty yards from us—I said, "Hampshire, you have shot us"—he said, "I hallooed out to you, and you would not stop"—I said, "No one has hallooed, we had no caution at all"—he said, "I have been watching you about all the morning, though you little thought it"—I said, "We are shot, and I shall go down to the station house about it"—he said, "I don't care a d—if you do"—I said, "I am shot"—he said, "You are shot; I don't care a d—; I will shoot any other man that comes on the premises"—he did not render the least assistance to us—Buxton came up after we got a field away—I went to the station, and afterwards received medical assistance—Mr. William Brown attended me—I was under medical treatment for three weeks.
Cross-examined. Q. What are you? A. A bricklayer—l have been working along with my father three or four years, as long as I have been able to do it—my father is a master tradesman, and works where he can get work to do—he used to keep servants two years ago—I have worked for him of an evening—I have worked for Mr. Goodman, the contractor for the sewers—he paid me 5s. a day—I worked for him the week this happened—I was going to work on the Monday morning, but I was not able to do it—I have known Lawrence since the summer—I was bred and born about Rushy-green—I know the station; I have never been there to my recollection, without I have been sent there for an errand—I have known Hampshire two or three years—he was employed by Mr. Duncan, who is under Mr. Foster—the dog was not a lap dog, he was a house dog; he would not kill a rat with me, so Mr. Abbott, the rat catcher, had it—I had it nine or ten months—I had it quite a puppy, a boy about the street gave it me—it was a little white puppy—I asked him for it, and he gave it me—I do not know who the boy was.
Q. Though this dog would not catch a rat, he had no objection to a rabbit? A. I took him out to see what he would do—I had not been in that wood before to my recollection—I will swear I had not been in that wood for three months—I gave away the dog a week or a fortnight after this happened—I was not living at home with my father, but the dog went home—my father lives opposite Mr. Phillips—I have some brothers and sisters that are not married—I am married—I was married just before I was hurt—I and my wife live together, and always have since the Sunday before Christmas—I am eighteen years old—on 9th Sept I am nineteen—I worked for a man who was building a gaol—my father has not had any regular work to do for the last two years—he has always had work—he has done work for himself till lately—then he went to work for Mr. Goodman, who keeps the Lion and Lamb—he has contracted for the sewers.
WILLIAM BUXTON . I am a labourer. I was in Mr. Egerton's field that Sunday morning—I saw Adams and Lawrence in Mr. Egerton's field—I saw them go in the wood—I was two or three hundred yards off—after they went in the wood I lost sight of them—in not more than a minute and a half afterwards I heard the report of a gun—the two young men came out of the wood as quick as possible—Lawrence fell down and called out most bitterly—he got up and walked a little further—I saw Hampshire; he came up to the wood bank—he had a gun in his hand—he said. "D—you, you may halloo"—he hallooed loud, or I should not have heard him—he went away—I do not know what became of him—he was not more than twenty yards from them at that time—I went to the young men—Adams was lying down on the ground, and Lawrence was standing still—the blood was running down Adams, into his neck—I did not hear any hallooing before the gun was fired.
Cross-examined. Q. What are yon? A. A labourer—I do any farming work—I have lived two years at Rushy green—I am married—I have no family—I work for Mr. Egerton, a farmer at Southend—I came from Thurlow, in Suffolk—I was a labourer there, the same as I am here—I did any work—I came away, because I thought I should do better than I did there—I have a brother living at Rushy-green—he is a labourer—I never was acquainted with Lawrence, no further than knowing the man—he lived at Bradley when at home—I do not know where he lived when he came to Kent—I had seen them on Mr. Egerton's land about a minute and a half before this happened—I had not seen Lawrence on the Saturday—I have
been regularly employed for two years, working for Mr. Egerton—I know Mr. Foster's wood—I do not know whether it is a good wood for game—I never was in it—I do not know whether the people there beat about the skirts of the wood with little dogs—I was not at church that day, because I was bird minding for my master, Mr. Egerton—it is a bean field next to the wood—it is not in fallow—I had not met these young men before—I do not know that I ever saw this little dog before—I did not recommend him to give it away.
GEORGE TUFFREY . (policeman, R 185). On 14th Jan., Sunday, at noon, I received information, and went to the prisoner's house—I saw him, and asked him whether he saw any men in the wood—he said he saw two—I said, "You are charged with shooting two men in the wood"—he said, "Policeman, I will tell you all about it"—I cautioned him that what be said might be used against him—he said he saw two men, and was following them through the wood, and the gun went off, and at the same time it flew out of his hand; that he picked the gun up, and went towards the men and asked them their names, and the men said, "You know our names," but he could not say whether they said they were going to the doctor or to the police—I took him into custody, and in going to the station he said he supposed the gun was half cocked while he was going through the wood.
Cross-examined. Q. Had you known this man any time? A. Yes, some years—he has been in the service of Mr. Duncan seven years—as far as I have heard, he has always borne a respectable character—I understand he was a sort of over looker for Mr. Duncan.
COURT. Q. Are you quite sure that he said he supposed the gun was half cocked? A. Yes.
MR. HUGHSTOCK. I am a surgeon, and live at Lewisham. I was called to attend Lawrence on Sunday, 14th Jan., between 1 and 2 o'clock—he was wounded in the right arm and right thigh, with small shot—in the arm the shots were scattered to a wide extent, from the middle of the arm to the shoulder—there were about half a dozen or eight shots in the back of the thigh—the wounds were likely to be dangerous secondarily, as erysipelas might come on; but not primarily—he went on well till the 20th, then symptoms of inflammation and erysipelas came on; but he is now out of danger—I saw Adams about two days after—he was wounded, but the shots were more scattered—they must have been wounded from behind, and I should think the gun had been higher than the men—the shots in Lawrence's thigh were evidently caused by his being kneeling—the wounds were from the feet to the head—Lawrence's shots extended to the bone in the arm—they were so deep that I could not extract one of them—Adams's wounds were very superficial.
JOHN BAXTER . I am a police inspector. I was at the station when the prisoner was brought in—I told him he was charged with shooting two men—he said, "I did not shoot them; I must have been a madman to have done so; I have got children of my own; I heard a noise, I was going along with the gun and my hand half way up the barrel, and a brier or something caught the trigger and caused it to go off, and it flew out of my hand."
Cross-examined. Q. Have you known the man? A. Yes, as a labourer to Mr. Duncan—I never heard of his being a savage, cruel man—I think he is about forty-five years old.
(The prisoner received cm excellent character.)
GUILTY. of unlawfully wounding. Aged 45.— Confined Two Months.
Before Mr. Common Serjeant.
PLEADED GUILTY . Aged 19.— Confined Nine Months.
PLEADED GUILTY . Aged 24.— Confined Six Months.
MR. CLERK. conducted the Prosecution.
ALFRED THOMAS BUCK . My father keeps a greengrocer's shop, in Mill-lane, Brixton. The prisoner came to my father's shop yesterday week to get a sovereign changed; about a quarter past 9 o'clock in the morning—my father was at home—I am sure the prisoner was the man who came—I told him I had no silver, but I had two half sovereigns if that would do—he said, "They will do; they are just the thing, I want to put them in a letter"—I gave him two half sovereigns, and he gave me what appeared to be a sovereign—I took it to my father, and put it down by the side of him, while he was making out his bills—my father afterwards called me—the prisoner was then gone—the next morning my father gave me the same piece of money, that I had taken of the prisoner the day before—I took it to Brixton police station, and showed it to a constable—he rubbed it on his coat, and smelt it—it was not out of my sight—he gave me the same piece back—I took it home again, and gave it to my mother.
Prisoner. Q. What day of the month was it t A. Yesterday week; about a quarter past 9 o'clock in the morning.
THOMAS BUCK . I am father of the last witness—I was at home on the morning of 12th Feb., when the sovereign was brought in by my son—from 9 o'clock till half past 9 I was in my parlour making out some bills—I heard a person ask for change for a sovereign, and my answer to my boy was I had no silver to spare, but he could have two half sovereigns—he said that would do, he wanted to send it in a letter—I did not look at what my son brought in, for nearly a quarter of an hour; I then looked, and it was a good shilling to the best of my judgment—I kept it that day, and the next morning I gave it to my boy to take to the Brixton station—on the Tuesday, I took the same piece of money off the chimneypiece—my wife was there at the time—I gave it to the constable next day.
Prisoner. Q. Did you see me? A. I heard you speak.
SARAH BUCK . I am the wife of the last witness—I recollect this sovereign being brought for change—it was on 12th Feb.—on the Tuesday, when my boy came back from the station, he gave that sovereign to me—I placed it on the mantelpiece in the parlour—when my husband came home, he took the same piece from the mantelpiece.
Prisoner. Q. Did you see me in your shop? A. No.
JANE ELIZABETH TINGLEY . I am the daughter of Benjamin Tingley, he keeps the Royal Oak, at Clapham. On Tuesday, 13th Feb., the prisoner came for a glass of ale—he gave me a shilling—I went, and gave that shilling to my father—my father came out into the beer shop—the prisoner was still there.
Prisoner. You were in the parlour when I came in. Witness. Yes, and I went out to serve you—1 was with my father and mother—there were not two other men; there was but one other.
BENJAMIN TINGLEY . I keep the Royal Oak, in Belina-road, Clapham. In the afternoon of 13th Feb. my daughter brought me a shilling into the parlour—I went into the bar, and the prisoner was there, and no one else—I had the shilling between my teeth—I took it from my teeth, and pulled it in pieces before his face—I said, "This is a bad one"—he said he was not aware of it, and, if it was bad, would I give him a piece of it?—I said, "No, not unless you give me your address, where you came from, and where you took this"—he said he took it in Blackfriars-road, and he could take me to the place—I said I should not give him the shilling, nor a piece of it, but 1 was going the Blackfriars-road way, and he might go with me—I went with him till we got past Acre-lane, and a friend of mine said, "There is a policeman coming"—the prisoner then said, "I think you are directing me wrong; I don't know my road this way; I shall go the other way into Acre-lane"—the prisoner went back, and I followed him—he turned, and saw me, and he went into a private road, into a brick field—I followed him, and the constable followed and took him—I gave the constable the pieces of the shilling—the prisoner made a snatch to get them out of the policeman's hand.
WILLIAM WALKLEY . (policeman, P 248). On 13th Feb. I was in Acre-lane—I saw the prisoner run out of Acre-lane into the road that leads to a brick field—I followed, and took him into custody—I received these broken pieces of a shilling from Mr. Tingley—the prisoner snatched at them in my hand—I told him he must come to the station, and when there, while they were taking the charge, he snatched at the shilling again, but did not get it—these are the pieces—on the following day I received this counterfeit sovereign from Mr. Buck.
Prisoner. You put it on a shelf with the shilling; I made a snatch at a penny loaf that was there. Witness. No; you snatched at the shilling—the penny loaf was eighteen inches away from it.
Prisoner's Defence. On the 12th I was in Holloway House of Correction; I was not discharged till the 13th, at half past 10 o'clock—Mr. Wright, who is here, can prove it.
Cross-examined by MR. CLERK. Q. You know that, do you? A. Yes—I saw him discharged—I always discharge them myself.
GUILTY.* of uttering the shilling. Aged 20.— Confined Twelve Months.
MESSRS, CLERK. and POLAND. conducted the Prosecution.
MARY PANTER . My husband is a baker, in Blackfriars-road. On Saturday, 3rd Feb., the prisoner came to my shop, between 7 and 8 o'clock in the evening, for a half quartern loaf; she gave me a half crown—I gave her change, and she left the shop—I laid the half crown in the till, where there was no other half crown—the prisoner had scarcely got to the door when I looked at the half crown, and found it was bad—I showed it to my husband, he marked it, and gave it back to me; I put it into my pocket—on the Monday following the prisoner came again, about a quarter past 7 o'clock in the evening, for a pennyworth of biscuits—I recognised her directly she came in—she offered me a shilling for the biscuits—I took it,
and bent it on the counter, and sent for a constable—I told the prisoner it was bad, and she saw me bend it—I laid it on the counter, and just as the constable was coming in at the door, the prisoner took the shilling up, and put it into her mouth, and attempted to swallow it—the constable took it from her—I gave the constable the half crown which I received from her on the Saturday.
STEPHEN BOOTH . (policeman, L 196). I was sent for to the shop—when I went in I saw a shilling on the counter—the prisoner took it up, put it into her mouth, and attempted to swallow it—I took her by the throat, and took it from her—this is it—this half crown Mrs. Panter gave me.
Prisoner's Defence. On Monday evening the prosecutrix locked me up, and said I gave her two half crowns on the Saturday—I was there on the Saturday evening, and gave her a 2s. piece; on the Monday evening I gave her a shilling; I was not aware it was bad.
GUILTY . Aged 19.— Confined Twelve Months.
MR. CLERK. conducted the Prosecution.
JAMES BBANNAN . I am an inspector of police. On Monday evening, 12th Feb., I went, in consequence of information, to a house, No. 9, Harrow-street, Mint-street, in the Borough, between 6 and 7 o'clock—five other constables accompanied me—the back door was open—I entered by it, and proceeded up stairs to the back room on the first floor—the door was not locked, but merely shut to—Neville opened it—I entered the room, and saw the two prisoners and a man—I told them I belonged to the police, and I had received directions to go there, that they were coining—I addressed John Wilson by the name of Holmes—he said, "No, we are not, Sir"—I put the two prisoners and the other man in custody of the constables, and I commenced searching the room—there was a table, at which the prisoners had sat—I found on the table this canvas bag, and thirty-six sixpences wrapped in papers to keep them from rubbing—I saw John Wilson searched, and some good money was found on him—I saw a cupboard in the room, and some plaster of Paris was found there, and this other plaster of Paris under the staircase—I found some wet sand, and a file with white metal in its teeth—these are things that are used in coining.
John Wilson. Q. Do you recollect going to that house on, 16th Dec.? A. Yes; I found you there, and another person—you gave the name of Henry Holmes, and said you lived in a house at Paddington, but I believe you have been living in that same house for some months.
THOMAS EVANS . (policeman, O 145). I accompanied the last witness to the house in question—when I took Jane Wilson into custody she said, "Oh dear! what will become of my poor child?"—I assisted in searching the room—I searched a table drawer, and found a pair of scissors, and a box containing composition.
John Wilson's Defence. There was a person living in the house, and on 16th Dec. they acknowledged that they were making bad money; after they were gone I picked up this bag of bad money; my wife begged me to destroy it, but I did not, I threw them into the drawer, and there they lay with some lumber; this female is quite innocent; she knew nothing of it.
James Wilson. I knew nothing of it.
JOHN WILSON— GUILTY .* Aged 35.— Confined Eighteen Months.
JANE WILSON— GUILTY. Aged.—Recommended to mercy by the Jury. — Confined Two Months.
Before Mr. Recorder.
MR. DUNCAN. conducted the Prosecution.
SAMUEL HENRY LEAH . I am an auctioneer and appraiser, and live at No. 68, Beresford-street, Walworth—I was introduced to the prisoner for the first time in the middle of Aug., for the purpose of selling some property belonging to him at Kingsland—I put up the whole of the property for sale in Oct.; the property was less than the mortgage on it by about two-thirds—it was bought in—the Minerva Life Office was one of the mortgagees—I after wards received instructions from the Minerva office to sell it for the best price I could get, by private contract—I proceeded to do so by public advertisements in the best manner I could—the largest offer I got was 2550l.—in the mean time the prisoner left the neighbourhood, and was not to be found or heard of—I made many inquiries for him—I think he left about a month before Christmas; the sale was effected in Dec. after he left—the Minerva, office sent me a letter that they would accept of this offer, and the sale was completed in Dec.—I did not see any more of the prisoner till the 19th of Feb., when he came into my kitchen—about half-past 10 o'clock in the morning of that day, he presented himself in my kitchen—I said, "Good morning, Mr. Cleary; I am glad to see you; walk in; take a seat and sit down"—he walked in in front of my table, where I had home papers—I had asked him in, and shut the door, and we were alone together—he walked up to the table where I was sitting—he said, "I have come to ask you a few questions relative to the property you have sold"—I said, "If you will take a neat, and not talk too fast, I will give you an answer to any question you ask me"—he said, "Why did not you make 60l. More of that property?" I told him I could not—he said, "You might have done so if you had liked"—I said, "You have done me a great deal of injustice to represent to Mr. Watson that I could have made 60l. more of this property"—(Mr. Watson is one of the directors who had lent him the money, and he is the solicitor for the Minerva company)—I made an observation that I had acted very straightforward in every matter in submitting to him the proposala of my clients, and I was about to say, "The longest day of my life I will never serve you again," and he put his right hand to the left breast pocket of his coat, and from that pocket he took a pistol; he presented the pistol towards my chest—I should think he was not more than three feet from me; within three feet, across the table—I stood up, and threw my arms up as high as I could hold them—I shifted to the front of a recess s—there is a broad shelf in the place, between the fireplace and the wall next the window—I shifted myself towards the square corner of the room next the window—he shifted his aim of the pistol towards me, and I heard the report of the pistol—immediately the first pistol was fired, I turned to run to go to the door to go out, but before I could hardly turn round, he immediately drew a second pistol from the same pocket, presented the pisto at me, and made the observation, "I have got another one ready for you; I will do for you"—I sprang round, and threw the door open, and ran up the front entrance; the kitchen opens into the front entrance which
opens into the street—my Bide door opens on the same level as the street is; it does not go up any stairs at all—I did not see the prisoner follow me—I ran, and I heard the report of another pistol when I got in the midelle of the road—I did not see the prisoner any more after he pointed the second pistol, till he was in custody.
Cross-examined by MR. PARRY. Q. I hope you have not been injured? A. No more than by the fright—I cried out that I was shot in the back; but I believe it was only the wadding—I cannot tell how far I was from him when the second pistol was fired—I never saw him after I left the kitchen, till he was in custody—I should think my kitchen is about 12 ft by 12 ft.—there are six rooms in my house, and a large kitchen at the back—the one that I was in is smaller, it is a kind of sitting room—I built the other one for that purpose—the prisoner was about three feet from me at first—he stretched out his arm, and pointed the pistol at me—he said, "I have another pistol, and I will do for you."
Q. You did not say so before? A. I was in a very flurried state—I spoke, the truth as nearly as I could, and I will speak it now—I had done every. thing in this money transaction to the best of my opinion, and in any other transaction I have always behaved in the most faithful manner that any man under the canopy of Heaven could do; and I have been personally kind to the prisoner; I put the clothes upon his back when he wanted them—this was about half past ten o'clock in the morning—. I have never observed any flightiness of mind about this man—I never saw anything wrong of him.
MR. DUNCAN. Q. Did you by private sale obtain about 300l. more for this property than you could by public auction? A. Yes; more than that—I have always done as an honest man ought to do—when an offer has been made to me, I have submitted the proposal to this man.
COURT. Q. You cried out, "I am shot?" A. Yea; that was after the pistol went off in the road—I thought something touched me—I cried out, "I am shot in the back."
THOMAS DAVEY . I live at No. 1, John-street, Hill-street, Walworth, and am a painter by trade—I was occasionally employed by Mr. Leah—I was at work on the morning of 19th Feb., at a house about 100 yards from Mr. Leah's own house—about half-past ten o'clock I heard a pistol go off—that called my attention, and I heard a cry of "Murder?"—I ran out directly, and as soon as I turned the corner into Beresford-street, I saw Mr. Leah in the road—I then saw the flash of a pan, and saw a pistol go off—the prisoner is the person I saw with the pistol, and I saw him discharge the pistol—Mr. Leah was running—the prisoner was running behind Mr. Leah, I should say about two yards behind him—he was running as though he was running after Mr. Leah—he pointed the pistol behind Mr. Leah's back—I saw him point the pistol at Mr. Leah, and fire it—Mr. Collins secured the prisoner—I saw him give up two pistols to Mr. Collins—I took hold of the prisoner myself, and asked him if he knew what he had been doing—he said, "Yes, I know what I have been doing very well"—I said, "You appear perfectly sober and everything"—he said he was sober—he said, "You don't know what it is for"—"No, I do not," I said—he said, "He has been robbing me out of some property"—I said, "That was not the way for you to seek the law like this; there is a law to protect you"—he said, "I wish I had shot him with this ball"—in a minute or two afterwards I went to Mr. Leah's house, and into his kitchen—I there found some wadding—Mr. Leah had got the ball—I saw the ball in his possession,
it was quite flattened on one side—I did not see Mr. Leah pick it up—there was on the sideboard a groove like the groove of a bullet—the sideboard is in a sort of recess alongside the fire place—I tried the bullet which I took from Mr. Leah, and it fitted the groove in the sideboard, and I found a pie dish and a cheese plate were broken—the pie dish was on a level with where the bullet would go, and the plate was by the side of the dish; and I found a piece of leather that one rams down the wadding with.
Cross-examined. Q. You have no doubt that this dish and plate were broken by the bullet? A. No—when the prisoner fired the pistol in the street, he was about two yards from Mr. Leah.
JOHN COLLINS . I am a hop merchant, and live at No. 74, Kennington-street, Walworth. I was in my breakfast parlour on 19th Feb., about half past 10 o'clock in the morning—it is a continuation of the same street that Mr. Leah lives in—I live about five doors from Mr. Leah, on the same side—I was sitting in my parlour, and heard the cry of "Murder!"—I immediately got up, and looked out; I saw Mr. Leah running—I immediately went out of the side door, and saw the prisoner standing in the middle of the road—I suppose he was 100 yards from Mr. Leah—the report was over then—I had heard the report, and then I went out—I saw the prisoner deliberately put a pistol into his left hand pocket—I went up to him immediately I saw him do that, and I said, "Do you know what you have been about?"—"Yes," he said, "I do perfectly well know"—I said, "You ought to be ashamed of yourself, to use such a deadly weapon as this against your fellow creature; if you had not shot that man, you might have shot an innocent person going along the street"—he said, "You don't know the provocation"—I said, "I will thank you to deliver me up this pistol"—he unbuttoned his coat, and I put my hand in his pocket, and took out both the pistols—I told him if he made any resistance, I should knock him down—he said, "I shall not make the least resistance"—I then said, "Have you any more fire arms"—he said, "No"—I said, "I shall search you then," which I did—I did not find any more.
Q. Did he say anything about the gentleman, he was running after? A. Yes; he said, "You don't know the provocation"—he said, he was a shuffling old rogue, or words to that effect—I gave the two pistols to the policeman—the prisoner appeared perfectly cool and self possessed.
FREDERICK ALLWOOD . (policeman P 371). I was on duty in Beresford-street, on 19th Feb.; about half past 10 o'clock that morning, Mr. Collins gave me the prisoner in charge—Mr. Collins gave me these two pistols—the discharged caps are on the pistols, the same as they were when I had them—after I took the prisoner, Mr. Leah charged him with firing two pistols at him—on my way to the station, I asked the prisoner what was his motive for shooting at Mr. Leah—he said a short time ago he had some property, and Mr. Leah disposed of it for him, and sold it for a little money; but he did not get much for it—he said he might have made a good bit more money of it, if he had liked—he said that Leah had next kin to given it away—he said if he had had another pistol, he would have seen if he could not have done for him—he said, "It would take me a good bit to tell you the whole of it, and therefore I won't tell you any more"—he was sober, and seemed perfectly calm, and in his right mind—I searched him at the station, and in his left hand coat pocket I found this powder flask containing powder, and in his right hand trowsers pocket this
box which I produce, containing pistol balls and pistol caps—I found this piece of wood, which evidently has been used as a ramrod—I did not find anything in the kitchen at Mr. Leah's, but I had this flattened bullet from Mr. Davey and this wadding also, and this broken dish and plate.
THOMAS DAVEY . re-examined. I gave this flattened bullet, that I saw in possession of Mr. Leah to the officer, by the Magistrate's order—I was in the kitchen when Mr. Leah picked the bullet up, but I did not see it picked up—the dish and plate I picked up and gave to the officer, and the contents of the wadding.
Cross-examined. Q. Is this bullet in the same state it was when you found it? A. It appears in exactly the same state—I found it in front of where I was standing—about a foot before where it had rubbed—it is supposed to have struck against the dish—I am quite sure the dish was not broken before—I was told to-day that the prisoner, is a good shot, and been used to sparrow shooting.
(William Fish, a builder and licensed victualler, in Southgate-road, and Mr. Sears, a cheesemonger, in Kingsland-road, gave the prisoner a good character, as a humane and well conducted man.)
GUILTY. Aged 46.—Recommended to mercy by the Prosecutor. — DEATH
Before Mr. Justice Wightman.
MESSRS. DUNCAN. and BROOK. conducted the Prosecution.
JANE COPPIN . I am the wife of Samuel Coppin, a wood chopper, and reside at No. 8, Seven-step-alley, Rotherhithe. On Saturday night, 16th Dec., between 9 and 10 o'clock, I was in the Admiral Hawke public house, which is kept by the prisoner—the deceased, Le Compt, came in after I was there—my husband was there, and two or three other persons—the deceased was not drunk—I do not believe he was quite sober, for he had been drinking—he did not use any indecent or improper language—he was not offensive—he did not insult any one in my hearing—he was making a sort of noise, going, "we we, die away, chirrup, chirrup"—with the exception of that foolish sort of noise he was not saying anything rude—the landlady and her daughter were behind the bar—I saw the prisoner come out from behind the bar into the bar—the deceased was winking his eye, and Mr. Wilton said, if he kept winking his eye at him, he would knock his two eyes into one, that he should not see for a month—the deceased made no reply—he kept winking his eye, and Mr. Wilton told him to go out—Mrs. Wilton had told him that she would not have her customers insulted—I had not heard him insult any one—he told her to go to heaven, and if she did not like that she was to go to Hackney—when Mr. Wilton told him to go out he came round directly, took the glass out of the deceased's hand that he was drinking out of, and gave it to another person who was standing at the bar; took him by the two shoulders, and shoved him backwards, till he got within a little space of the door, which was partly open, and then he shoved him backward through the doorway, down the steps—it was the doorway leading into Salisbury-street—there are three steps to that doorway, and a large flagstone, which rises higher than the other pavement—one of the steps is stone, the two top ones are of wood—the prisoner seemed to shove the deceased down the steps with all the strength that he had—I went and lifted
the deceased's head up—he was bleeding very much indeed—he was insetsible; he was lying on his back, with his head on the pavement, and his feet inside the door—I saw the prisoner kick his feet twice before he could kick them off the step—it seemed to me as if that was done to shove his feet of the top step, so as he could shut the door—he did close the door afterwards—I told him it was a very brutal thing, and if it came to any justice I would appear against him—he directly told me if I did not go out, he would serve me in the same way, and I went out—I heard nothing said by the deceased about fighting—I went and fetched his daughter, and she came and sent for her mother.
Cross-examined by MR. SLEIG. Q. I believe you are in the habit of frequenting this public house? A. I have been in and out several times—I lived in that neighbourhood at that time; I do not now—I have been in there frequently—I never saw the deceased there before—this was abort half past 9 o'clock at night—the deceased came in very shortly after me—Mrs. Wilton and her daughter were behind the bar—Mr. Wilton was not there when the deceased came in—I do not know where he was—I cannot say how long the deceased was there before Mr. Wilton made his appearance—the church clock was only striking 10 when he was lying on the stones outside the door—it was not evident to me, from the appearance of the deceased when he came in, that he had had some drink before he came there—I could not observe that he had—I say he was not quite sober, because he had some drink in the house—I do not know whether he had had anything anywhere else—I did not perceive that he was not sober immediately after he came in—he did not ask for anything—a gentleman that was in with him paid for the drink, and gave it to him to drink—he came in with him—that gentleman was quite drunk—he had some gin, and, I believe, some stout—the deceased was drinking along with him—he did not wink in an offensive manner at Mrs. Wilton, or her daughter, that I saw; it was at Mr. Wilton that he was winking—I do not believe he was making gestures at Mrs. Wilton and her daughter before Mr. Wilton came in; it was to the people there; to me: he was only making a noise and talking—he was making a chirruping noise—I do not know whether he was doing it in an offensive manner to the persons present—it was then that Mrs. Wilton said she would not have her customers insulted—she requested him to go out—she asked him once to leave the house, and he said he would do so after be had drunk what his friend had paid for.
MR. DUNCAN. Q. Had he made this chirruping noise before he took the stout or not? A. No, he had not—he had not made any sort of noise before he took the stout—I did not notice who drew the gin and stout.
GEORGE LUDLOW . I am a rope maker, and live at No. 14, Love-lane, Rotherhithe. I know the Admiral Hawke public house—there are two entrances to it, one at the corner of Cherry-garden-street, and the other towards Jamaica-row—on Saturday, 16th Dec., just before 10 o'clock, I was standing in Salisbury-street, at the corner, by the door opening into Mr. Wilton's bar—I could see that the deceased was not insulting any one—I saw him standing with a glass in his left hand—I was in such a position that I could see into the bar from where I was standing—I saw several persons standing at the bar, but I cannot tell who they were—I saw the prisoner snatch the glass out of Le Compt's hand, I do not know where he put it—he came round the bar, caught hold of him by his two arms, and backed him to the door, and when he got within about six or ten inches of the step, he threw him with great violence, and the man came out with the back
of his head on the stones—I saw him fall on his back, and strike his head on the right side against the edge of a flag stone, and I saw the prisoner kick his feet off the steps to let the door close—I afterwards went into the house, and said to the prisoner, "So help me God! Wilton, you have almost killed the man"—he turned round or his heels, and said, "Let him die, I will not have my wife insulted."
Cross-examined by MR. BALLANTINE. Q. Have you dined to day? A. No—I wish I could get a dinner—I have not had anything to drink—I have had one glass of 6d. ale and half a pint of porter; that will do—that did not cost me 5l. nor yet above five pence—I am not drunk—I can get drunk under 5l., certainly, but I am not drunk—I have not had anything but porter and ale that I know of—I know I am on my oath—I would not swear that I have had nothing else, for I have been drinking cocoa, and 2d. worth of gin—that is all since breakfast—perhaps I had had my dinner when I saw the deceased thrown down, I do not know whether I had or not—I might have had my supper—I am here to speak the truth, and I will answer no more questions—I had had my supper—I have mentioned before about the prisoner kicking his legs off the step—I swear that—this is not the first or second time that I have mentioned it—I had not supped that night—I did not say just now that I had—I said I might have had my supper, and I might not—it is my business whether I had or not, or whether I had had anything to drink—I had not had any gin, I swear that—it is not for me to talk to you about what I had—I was going in to speak to a mate of mine who was drinking with the deceased at the time—my mate was rather drunk—he was drunk at Mr. Wilton's house—I was going in to speak to him, and before I could get inside the man came out—I had been outside about two minutes—I knew he was there, because I saw him before 1 came to the door—I was going to have a drop of something to drink—I had seen my mate about 9 o'clock, but I did not see him after that till 10.
JOSEPH BURNS . I am a member of the Royal College of Surgeons, and a licentiate of the Apothecaries' Company for twenty-eight years, and live at No. 4, Albert-place, Rotherhithe. I was called in to see the deceased on Saturday, 16th Dec., about five minutes past 10 o'clock at night, at his residence, No. 4, Wells-street, Bermondsey, which leads out of Salisbury-street—I found him suffering from a lacerated contused wound on the right side of the head, between the temple and the occipital bone, occupying the lower portion of the parietal bone—it was about two inches long—there had been considerable hemorrhage, but that was arrested by a coagulum, or clot of blood, forming a natural stoppage—I did not take any remedial means at that time—I advised him to be removed to Guy's Hospital, and I believe he was admitted there at 2 o'clock in the morning—I saw him next on 18th Jan.—he was then in bed at his own house—it was about 11 o'clock in the morning—the contusion had then taken an unfavourable turn; it had suppurated, and gangrene and mortification had ensued—he died from an abscess of the brain, connected with that mortified wound on the right side of the head—I have no doubt whatever of the cause of death; he died from the effects of the wound produced by the fall—I took down a declaration which he made on the Monday preceding his death, which was on Friday, 26th Jan.—he was then in great danger—he was aware that he was not going to recover, he told me so—he began to make a statement respecting the transaction, and the manner in which it occurred, and I asked him if he wished to say anything that I should take down—he said, "Yes," and he
then entered into the particulars of the declaration—he was aware at the time that he was not going to recover—I took down his declaration in pencil—I took it home, and delivered it to my son, to make a copy of it in ink—I eventually destroyed the pencil writing—that was not signed by the deceased—I have no statement of his in ink, I have it in my memory-beyond what the declaration states, I said to him, "How did he throw you out?"—he said, "He came upon so suddenly, Sir, I could not tell you, but I went sideways."
RICHARD ORMANBY BURNS . I am the son of the last witness, and reside with him. I am a medical student. I remember receiving a pencil writing from my father on 20th Jan.—I made a true copy of it—this is it (produced)—I subsequently took this document to the deceased, and read it over to him, and explained it as I read it—during my reading it he made nods of affirmation, and when I had finished I said, "Is that what you wish to say, and is it the truth?" and he said, "Yes, that is it exactly"—that was on Saturday, 20th Jan.—my father was there at the time—(The paper was here read as follows: "4, Wells-street, Bermondsey. Jan. 20, 1855.—I, Louis Le Compt, believing that I am dangerously ill, and not likely to recover, through injury to my head, received on Saturday night, 16th Dec last, solemnly declare to the truth of the following statement:—I went to the Admiral Hawke with James Strong and another man, to have some drink. Half a pint of gin was called for; a pot of half and half was passed round by some person, I do not know who; some chaffing took place between me and others at the bar, when the landlady said she would have no noise there; I told her she might go to Heaven or Hackney. She then called her husband out of the bar parlour, and told him I had been insulting her; he then took hold of me, and threw me out of the door; I became insensible from the fall. I have no recollection of anything that took place till after I got home, where I remained a short time, and was conveyed by my two oat to Guy's Hospital, by the advice of my surgeon." Signed, "Louis Le Compt."
Cross-examined. Q. Were you at the Coroner's Inquest? A. No. Mr. BALLANTINE. to JOSEPH BURN. Q. Were you present at the inquest? A. I was—I do not know whether Mr. Wilton was examined there—I did not hear him examined—I do not know that he was; he might be, or he might not—he was not examined in my presence, neither did I see or hear him examined—I have not heard that he was examined—the verdict was "Accidental Death."
JANE COPPIN . re-examined. I was present at the inquest—I did not hear Mr. Wilton examined—I know that he went up into the room—I do not know that Emily Wilton was examined—I did not see her there—I cannot say whether William Hogwood was examined—James Martin was.
The following Witnesses were called for the Defence.
THOMAS CAILAHAN . I am a comedian, and reside at No. 46, Great Cherrygarden-street. I was at the Admiral Hawke on the night in question. I did not see the deceased come in—I was in the public parlour, behind the bar parlour—a gentleman named Hogwood came into the room, and told Mr. Wilton that some one was insulting his wife—I followed Mr. Wilton out to the bar, and there saw the deceased—there were several persons in the front of the bar—I do not remember seeing a person next to the deceased the worse for liquor—the deceased seemed to me about half drunk, or perhaps more—I heard Mr. Wilton desire him to leave his house, he would not have his wife insulted—I believe those were the words—it was said in a very polite manner induced—the deceased replied, "I shan't go"
—he was flourishing a large ale glass—Mr. Wilton opened the bar door, walked round, and walked up to him, took the glass out of his band and laid it on the bar, and said, "Now, you must leave my place"—then placing his hand on his arm or elbow, he said, "My dear fellow, let me advise you to go"—he replied, "You be d——; do you want to fight?"—Mr. Wilton said, "Go outside, my dear fellow, and wait till I come to you"—the deceased replied, "You b——I might go outside and stop there all night, and you would not come"—Mr. Wilton said, "Now, you must go"—he said, "I am d——if I go, but you shall come with me;" at the same time placing his hand in Mr. Wilton's neck handkerchief, and retreated backwards towards the door leading into Salisbury-street, dragging Mr. Wilton after him, or with him—when they arrived at the door, it was partly open—Mr. Wilton placed his hand against the door post; the action was almost simultaneous with the arriving at the door, and at the same moment I saw the man slip back—it appeared to me that the jerk of placing the hand against the door post seemed to release his hand from Mr. Wilton's neck cloth—had he not placed his hand against the door post, he must inevitably have gone over on top of him into the street—it appeared to me that Mr. Wilton placed his hand against the door post, to prevent himself from being dragged out; had he not done so, he would have been pulled out—Mr. Wilton certainly did not push the deceased out—I have known Mr. Wilton about eighteen months—he had met with an accident some time before, and fractured his shoulder—that was one of my great reasons for following him out, hearing a disturbance at the bar, that I might assist him—I have never heard the slightest imputation upon his character—he is very much respected amongst his neighbours.
Cross-examined by MR. DUNCA. Q. You have known him pretty intimately for the last eighteen months? A. From frequenting his house; and finding him a very polite and attentive man, that caused me to wish to frequent it more frequently than I otherwise should have done—I may say that I go there every day, generally once a day, in the evening when I return from business—I had been there about an hour, or perhaps not so long, before this occurred—I go there to enjoy myself—I think I was drinking 2d. worth of gin and water, or something of that sort—I do not remember how much I had to drink—I was examined before the Coroner—I was not examined before the Magistrate; none of the witnesses for the defence were—I Was in attendance—I could not proffer my evidence—I think the words Wilton said to the deceased were, "You must not make a noise in my house; I will not have you insult my wife"—I have known the deceased from the time I was a boy—he was, I should say, between fifty and sixty years of age, a stout, hearty man—I saw Mr. Wilton place his hand to prevent his being dragged out over the deceased, and at that instant I saw the deceased's hold relax, and he slipped back—it was rather a gentle fall—I went out afterwards, and raised him—they were both so close together, I could not see his feet slip—all I saw was that he receded out backwards—at that time one of Mr. Wilton's hands was on the door post, his right hand—I did not see where the other hand was.
EMILY WILTON . I am the prisoner's daughter. I knew the deceased by sight—I never saw him at our house but twice or three times—on the night in question I was in the bar, serving with my mother—the deceased came in between 9 and 10 o'clock, with two men—he was not sober when he came in—I think his companions were—I do not know whether he or his companions called for something to drink, but Le Compt paid 6d. for it—
they had a pot of stout—he began to annoy the customers, and was leaning on the bar, and my mother said to him, "Mister," (she did not know his name,) "I cannot have you annoy my customers"—he was pressing his conversation upon them—my mother asked him to lean off the bar—he was leaning over the bar, and gnashing his teeth in her face; and he said, "Who are you? What business has a d——thing like you in the bar? Go to hell; that is the best place for you. I will put you in the Queen's Bench;" and he gnashed his teeth in a most spiteful manner in her face—my father then came into the bar through the private parlour, and said, "My good fellow, I can't have my wife insulted; you must leave the house"—he said, "I shan't go till I like"—my father said, "Do not be silly, take my advice and go"—he said, "No, I will not go"—my father then went round to the door, and opened it, to look for a policeman—not seeing one, he came back again and said, "My good fellow, do as I wish you, go"—he said, "No, I shall not go till I like"—my father again asked him several times to go; he said, "No," he would not—my father then took the glass out of his hand—I cannot say whether he put it on the bar, or whether another party took it from him and set it on the bar—the deceased then put his hand on my father's shoulder, and said, "Then, if I go, by Christ you shall go with me;" and he seized my father by the handkerchief, and dragged him to the door—the door was partly open, and my father put his right hand up to the side of the door—his left arm was lame, from a broken collar bone—he only had that hand at liberty then, heaving the other one to save him from falling over the man—my father's left hand was on the door and his right hand on the door post, and I saw no more until my father turned round, and his waistcoat was unbuttoned, (he wore a waistcoat buttoned to the throat,) and his Watch was hanging out of his pocket—I did not see the accident—my father had not the use of his left arm.
Cross-examined. Q. What was the nature of the accident which your father was labouring under? A. A broken collar bone; he was thrown from a chaise some two months ago—my father never pushed the deceased—I did not see him go backwards.
JAMES MARTIN . I was at the Admiral Hawke on the night of this occurrence—I saw the deceased and several other persons there—the deceased came in, and called for a pot of beer—Mrs. Wilton refused serving him; he was drunk—she served the other young man who came in with him; he was not so bad—because Mrs. Wilton would not draw the drink for him, he called her a thing, three or four times—he was abusive and insulting—she told him she would send for her husband—he said, "You can go to h—," three or four times, "that is the best place for you"—Mr. Wilton was sent for, and came in—the deceased still stood there, grinding his teeth—Mr. Wilton stood very quiet for a minute, I should say, while the deceased kept grinding his teeth, and, at last, he came round and said, "I won't have such language and abuse going on here like this; you had better go out"—he replied, "When I like"—Wilton said, "If you don't go out, I shall have to put you out;" and he put his hand on his shoulder, and said, "Are you going?"—he said again, "When I like"—Wilton said, "Then I shall put you out"—he then seized Mr. Wilton by the collar, and dragged him as far as the door, saying, "If I go out, by Christ, you shall go with me!"—when they got to the door, I saw Mr. Wilton open the door with his left hand, and put his other hand to the other part of the door, to save himself from going with him—with that the man let go; I do not know how, or what he had hold of; I thought he had hold of Mr. Wilton's collar, and by that
he fell right backwards out of the door—Mr. Wilton did not push him out—I was examined before the Coroner.
Cross-examined. Q. Where were you standing? A. At the end of the bar—there is a little seat, just behind the door that the man went out of—I could see all that took place between them—Mr. Wilton placed one hand on the man's shoulder, one hand on one shoulder; that was at the first starting—I am sure he did not put both hands on his shoulders, it was his left hand—he had his right hand at liberty all the time the man was going backwards towards the door—the man stepped backwards; he was not pushed backwards; he did not go backwards—he did go backwards, but Mr. Wilton was against the door first, and when they came to the door the man turned round—he went through the door backwards; I think that was by losing his hold of Mr. Wilton, and so overbalancing himself.
(Severed witnesses deposed to the prisoner's good character.)
NOT GUILTY .
(The Jury expressed their opinion that it was the result of pure accident.)
Before Russell Gurney, Esq.
391. EDWIN EDWARDS , feloniously forging and uttering a receipt for the sum of 6l. 5s., with intent to defraud: also, embezzling 6l. 5s.; the moneys of Augustus Frederick Timothy and another, his masters: to which he
PLEADED GUILTY . Aged 19.— Confined Twelve Months.
(There was another indictment against the prisoner.)
MR. LILLEY. conducted the Prosecution.
JOSEPH CAREY . I am a bricklayer, of No. 53, Kennington-cross. I know the prisoner—I was present when a marriage was solemnized between him and Charlotte Elizabeth Blanks; my wife was not present—I was one of the witnesses, and gave the young woman away—I signed the book—it is nine years ago; it was on Christmas day, 1845—I have seen his wife here to day.
Cross-examined by MR. RIBTON. Q. How came you to be present? A. I wag the woman's godfather; she was about seventeen years old—I do not know how long they lived together; I lost sight of them afterwards—I lived at a distance away from them, and have not seen the prisoner for many yean, till he was in custody, at Richmond; the police subpœnaed me—I do not know a person named O'Neil, only by seeing him here—he did not subpoena me—I know that the first wife has been living with a man, bat do not know his name, or whether it is Williams—she has children by him; I cannot say how many—I have seen her here with Williams to-day—I do not know how soon after her marriage she went to live with Williams—I do do not know whether the prisoner and she remained together at all of my own knowledge.
MR. LILLEY. Q. Do you know anything of your own personal knowledge about Williams, except that you have seen them here to day? A. No; I do not know of their having, children of my own knowledge.
CHARLES GEORGE FRANCIS . I am parish clerk of St. Mary, Whitechapel. I produce the register of marriages for 1845—here is an entry on 25th Dec. of a marriage between Thomas Sylven and Charlotte Elizabeth Blanks—the witnesses are Joseph Carey, and Susannah Carey, who put her mark.
Cross-examined. Q. Would anybody be allowed to make the mark for Susannah Carey, unless she was present? A. Not unless anybody represented her—the ages are not specified, it is only the man of full age, and the woman a minor.
EMILY MARIA LAKER . I am a daughter of John Laker, of Mortlake. I was married to the prisoner on 20th Sept., 1853. I was not quite twenty years of age; I lived with him for twelve months, and then found that he had a wife living—my father and my sister were present at the marriage.
Cross-examined. Q. Where did you meet the prisoner first? A. At Kew; he was not alone, a friend was with him, named O'Neil, I believe—he goes by that name—I have seen him here to-day—there have been quarrels between me and the prisoner respecting O'Neil—there was a charge of assault brought by O'Neil against the prisoner at the police court—I did not see any assault committed, I was in the house—there was an occasion when I and the prisoner were together at a public house; O'Neil was not with us—I was not going home with the prisoner, I left him to go home by myself—the prisoner came home, and found O'Neil following me—I do not know whether ho charged him with following me, I was in the house—he did not come up to me before I got into the house—I was not at the police court—O'Neil did not ask me at the police court to bring this prosecution—he never asked me to come forward and prosecute—I have seen him to-day—I have not been frequently seeing him lately—there has been no close intimacy between him and me—I might have said so; I cannot say what I have said, because I have been so ill-used by the prisoner; I have been so agitated—I had no money when I was married, the prisoner supplied me with money to get my wedding dress.
MR. LILLEY. Q. Have any improprieties taken place between you and O'Neil? A. No; neither before marriage nor after—he has been at my father's house.
COURT. Q. You say that you heard something about a former wife when you had been living with him twelve months? A. Yes, he had left me then, and I was living at home with my father, and am living with him now.
WILLIAM THOMAS POULTER . I am parish clerk of Mortlake. I produce the register of marriages—here is an entry of a marriage on 20th Sept., 1853, between Thomas George Sylven and Emily Maria Laker—I was present—the prisoner is the man.
EDWARD BOVEY . (policeman, C 85). On Saturday, 3rd Feb., about 1 o'clock, the prisoner was given into my custody at Great Marlboro'-street police court, by the second wife, on a charge of bigamy—I told him the charge; he said, "I am very sorry it has occurred; I have married two wives, and they have both turned out w—s"—I produce the two certificates of marriage.
Cross-examined by MR. BALLANTINE. Q. Who gave him into custody? A. I was first called to take the charge by O'Neil; the prosecutrix was in the waiting room at Marlboro'-street police court—there had been no charge of assault, that I am aware of.
(The certificates were put in and read.)
GUILTY . Aged 30.— Confined Twelve Months.
Before Mr. Common Serjeant.
MR. CAARTE. conducted the Prosecution.
CATHERINE LYONS . I am single, and live at No. 26, Brent's-court, South wark. I work at Messrs. Joseph's, furriers, of Swan-street, Newington; the prisoner likewise worked there—on Thursday, 15th Feb., a little
after 2 o'clock we had some words there about a victuals cloth, which we used to take our dinners in; she called me some names, and accused me of stealing a shawl and a handkerchief, which I was quite innocent of—she jumped off her seat and came towards me with a knife in her hand, and said that if it was not for her work she would rip my guts open—I told her I would have satisfaction for what she had said to me, and told her to do it if she dared—the women interfered and made her go and sit down, and then she turned round and abused me and we had words together—at a little after 7 o'clock that evening, I left with Margaret Holland and several others, leaving the prisoner up stairs—I waited outside underneath the gateway, between ten minutes and a quarter of an hour—there were a number of the work people outside—the prisoner came out, and went towards the Dover-road—Besty Barry called to me Kitty, and on that I followed the prisoner, and came up to her as she was standing about the distance across this Court from the premises—neither of us had spoken a word outside—I laid hold of her bonnet, and saw a knife in her hand; I saw her stab me with it here (on the lower jaw), she said she would have my life—it was an open knife, such as we use in business—I fainted, and was removed to Guy's Hospital.
Cross-examined by MR. ROBINSON. Q. You all use a knife in your business? A. Yes; pretty well all day—I used no bad language—there were more than 100 work people there—I waited under the gateway, to fight the prisoner—she had passed the gateway, towards her own home—the women were not waiting to help me, I had told some of them what I was going to do—Betsy Barry called out, "Here she comes, Kitty"—I heard the prisoner say, "What is the matter?"—I seized her bonnet, but did not strike her till after I was cut—a person named Hooper was there—I had a bonnet and shawl on—I have never been locked up—I do not know that I have insulted anybody, in the last three years—I never struck anybody, but once—I have not been discharged, but I have not been to work since I had the cut; I do not know that they will not take me back, on account of my quarrelsome disposition—I know Mr. Hunt, he works at Mr. Joseph's; he has nothing to do with us—I have said before, that the prisoner said she would rip my guts out—I have not heard Margaret Holland say that the prisoner said so—I was present at the police court, and heard her examined.
MR. CAARTEN. Q. How long did you remain in the hospital? A. I did not stop there—I have not been keeping my bed, but have not been at work since, because I was not able; I could not move my head—I do not know whether I can go back to my employment when I get better—I have not been informed that I cannot, and have not been to try; I have not been able.
MARGARET HOLLAND . I live at No. 11, Redcross-court, Southwark, and work at Mr. Joseph's, with Lyons and the prisoner. On 18th Feb. a quarrel took place between them, about 2 o'clock in the day, during which the prisoner got up, and stood right behind me, with a knife in her hand—Lyons was facing me—the prisoner said, "If it had not been for my work, I would rip your guts out"—they had several words, and Lyons said that at night she should certainly stop outside, and have satisfaction for what she had been saying—about 7 o'clock I left the premises, with Lyons and several others—I waited outside, about six yards from the gateway—the prisoner came out, and said, "What is the matter?"—I said nothing—she passed
me a little way, and Lyons ran out and attacked her behind—she caught hold of her by the neck, with her right hand—I was then about two yards from them—I saw no blow until such time as I saw the knife come down in the prisoner's hand across Lyons's neck, as she turned round after seizing the prisoner by the bonnet—I did not hear her say anything—a man named Hooper seized the prisoner's arm, and took the knife from her—Lyons went into the warehouse, and was taken to the hospital—it did not bleed much for such a great wound.
Cross-examined. Q. How many women were there waiting? A. Between forty and fifty—they were all waiting to see the satisfaction—I saw no blow struck whatever.
THOMAS HOOPER . I am a carman, in the employ of Mr. Smart, of No. 4, Swan-street. I was passing along on 15th Feb., and saw a lot of women assembled—I heard a great deal of bad language, and some one said that she had a knife—I saw the prisoner there, and saw Lyons strike her in the face—about a minute before that I saw a knife in the prisoner's hand, and after she got the blow on the face she made a thrust at Lyons with it towards her face—it bled, and I took the knife from the prisoner, and helped to carry Lyons into Mr. Jones's—she fainted away after I got her in.
Cross-examined. Q. How near were you when the blow was struck? A. Close alongside the prisoner—Lyons appeared to be in a great passion—she had a bonnet on.
CHARLES FREDERICK CLARKE . I am a dresser, at Guy's Hospital. On 15th Feb., about 8 o'clock, Lyons was brought there—I examined her, and found a large superficial wound extending over the lower jaw, about an inch and a half long—it was merely through the skin and through the tissues underneath; it did not penetrate the muscular tissue—it was not half an inch deep—it had ceased bleeding, but there was blood on her cheek—it could have been inflicted with a knife of this kind (produced)—I dressed it—she did not remain at the hospital, but has been several times since to have it dressed.
Cross-examined. Q. It is beyond a scratch, but it is not a serious wound? A. No.
THOMAS HATTON . (policeman, M 251). I received information, went to Messrs. Joseph's, and found Lyons sitting on a chair, bleeding, with a cloth over her face—the prisoner was pointed out as the person who had inflicted the wound—she said, "I do not deny it, and I am willing to go with you."
NOT GUILTY .
MR. PLATT. conducted the Prosecution.
EDWARD DAVIES . I am a smith, and live at Portland-place, Newington-causeway. The prisoner is a smith's labourer—we both live in the same house, with our families—I live up stairs—on 11th Feb., about 2 or 3 o'clock in the afternoon, the prisoner's wife came running up stairs, and the prisoner was calling after her, threatening to stab her—he had a knife in his hand—I stepped between them, and got the knife from him, and gave it to his wife—they were both in my room at that time—he had been drinking, but knew what he was about—he struck me on the face, and I got him on the bed to quiet him—I had no coat on, and my shirt sleeves were tucked up—while I held him I felt something of a sharp instrument cutting my
arm—there is only one serious place, but there are three wounds—how the knife came into his hand I do not know—I did not see it, I only felt it—the wounds bled, and I had them dressed at the hospital.
SARAH MATTHEW . I am the wife of George Matthews, of No. 3, Port-land-place, Newington. The prisoner and his wife live in the same house—on 11th Feb. the prisoner was a little the worse for liquor—I heard him fighting his wife in the morning, about ten minutes after 10 o'clock—in the afternoon, about 2 or 3 o'clock, I saw her going up stairs, away from her husband, towards Davies's room—the prisoner was following her, threatening her—I went behind him, and saw a knife in his hand—he was holding it towards her, and said that he would hare her life—I saw Davies get between them—he told the prisoner to be quiet, and sit down and have a drop of tea—afterwards Davies was sitting on a chair, smoking a pipe by the fireplace—the prisoner asked him for a pipe of tobacco—Davies said that he had not got one—a scuffle ensued—he struck Davies on the eye—Davies took his jacket off, turned his sleeves up, gave him a push, and shoved his back through the window; then Evans threw Davies on the bed, and Davies got him by the collar, and then I saw a knife in his hand—he took it from the bread basket, which was on the foot of the bed where Davies was lying, and stuck it into Davies's arm three times—when I saw the blood run I sent for a policeman—the prisoner knew what he was about perfectly When this happened—I was with the prisoner and his wife from 10 o'clock till the end of it—they were quarrelling all the time—he wanted a razor in the morning, and asked his wife for it—she told him she did not know where it was, and then he found it—it was about a quarter of an hour before the prisoner asked Davies for the tobacco that Davies gave the knife to the prisoner's wife—he did not stab Davies while Davies was defending the prisoner's wife.
Prisoner. Q. Where were you at the time? A. Over by the window, and the knife was in the bread basket.
WILLIAM HINCHCLIF . (policeman, M 85). I was called, and found Davis bleeding from the right arm—Evans was given into my custody—I found him up stairs, the worse for liquor, but he perfectly knew what he was about—on the way to the station he said that he did not do it, it was done through his falling through the window—I received this knife (produced) from Davies.
The prisoner called
MR. PLATT. Q. Are you the wife of the man at the bar? A. No—I did not tell the policeman that I was this morning—I answered to the name of Mrs. Evans, but I did not say that I was his lawful wife—I have passed as his wife—I was living with him.
COURT. to WILLIAM HINCHCLIF. Q. Did you see that woman this morning? A. On that afternoon I did—she said, "I am his wife, and I am in danger of my life; I cannot be in the place where he is."
COURT. to ELIZABETH GURNET. Q. Are you the person who ran away from the prisoner up to Mr. Dasvies's? A. No, I went up stairs, which I frequently do, and he came up stairs a little after—he had been eating bread and butter, and had the knife in his hand—I was the only person in Davies's room with him and the prisoner when the accident happened—his
uncle gave him a slight blow first, and he took a knife out of his hand before he struck the blow—I do not know his motive for taking the knife out of his hand, but he gave it to me, and I put it into my pocket—it was a pocket knife—there was no dinner going on—he and his uncle had been drinking, and there was no dinner, but he went to the door and cut a bit of bread and butter—there was no dinner in Davies's room—I believe there was a bread basket there—Davies struck him on the face, and in the struggle Davies's arm went through the window, and that cut it, as he had his shirt sleeves tucked up.
Cross-examined by MR. PLATT. Q. Were you running away from him up stairs at 2 or 3 o'clock? A. No; I went up to Mr. Davies's room, and the prisoner came up about five minutes after me with a pocket knife in his hand, eating bread and butter with it—he had not been fighting me that morning, only with blows; not with knives—I know Mrs. Searle, she goes by the name of Matthews—she was not in the room all the time, she was there before it happened—on my oath, I did not, when the knife was taken from the prisoner, put it into the bread pan; I put it into my pocket—if Davies states that I put it into the bread pan, it is false—Davies did not take the knife out of my pocket—I have been living with Evans ten years, and passed as his wife.
Prisoner. It is false, what Mrs. Searle has been speaking; she was in my own room, sitting by the fire at the time this occurred.
(The prisoner received a good character.)
GUILTY. of unlawfully wounding. Aged. 32.—Recommended to mercy by the Prosecutor. — Confined Two Months.
ADJOURNED TO MONDAY, APRIL 9TH., 1855.