CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand,
JAMES DROVER BARNETT
Rolls Chambers, 89, Chancery Lane.
SESSION VII. TO SESSION XII.
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, May 7th, 1855, and following Days.
Before the Right Hon. Sir FRANCIS GRAHAM MOON, Bart., Lord Mayor of the City of London; Sir Cresswell Cresswell, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Charles Farebrother, Esq.; Sir Chapman Marshall, Knt.; Sir James Duke, Bart., M. P.; William Hunter, Esq.; and Thomas Challis, Esq., M. P., Aldermen of the said City: The Right Hon. James Archibald Stuart Wortley, Q. C., M. P., Recorder of the said City: Sir Robert Walter Carden, Knt.; and Richard Hartley Kennedy, Esq.; Aldermen of the said City: Edward Bullock, Esq., Common Serjeant of the said City; and Russell Gurney, Esq., Q. C., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
Sir HENRY MUGGERIDGE, Knt., Ald.
Sir CHARLES DECIMUS CROSLEY, Knt.
FREDERICK FARRAR, Esq.
ALEXANDER CROSLEY, Esq.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
MOON, MAYOR. SEVENTH 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, May 7th, 1855.
PRESENT—The Right Hon. the LORD MAYOR; Sir CHAPMAN MARSHALL, Knt., Ald.; Sir JAMES DUKE, Bart., Ald.; Mr. RECORDER; Sir ROBERT WALTER CARDEN, Knt., Ald.; and Mr. Ald. KENNEDY.
Before Mr. Recorder and the Second Jury.
PLEADED GUILTY. Aged 39.— Judgment Respited.
PLEADED GUILTY . Aged 20.— Confined Four Months.
JANE BARNES . I am single, and am living with Thomas dynes, at No. 7, Richard's-buildings, Old-street. Last Saturday month, about half past 6 o'clock in the evening, I was at the Benbow public house—I saw the prisoner there—she looked into the tap room as I opened the door to come out—the tap room door opens at the side of the bar—she went out again, and when I got out I found her standing against the kerb, with her arms folded—she said to Clynes, "What did you strike my brother for?"—he said, "I did not strike him; I only took the poker from him"—she said, "I will give you worse than a poker," using very bad language; and he up with his hand to shove her away—I ran in between them, and took hold of Clynes's hand, and prevented him from shoving her—I had not time to torn my head round to look at the prisoner before I was stabbed with a knife in the left eye—the effect of that was to burst my right eye out—I then ran to the station house—I did not see the prisoner have anything in her hand—I had not my head turned far enough round to see her at all before I received the
blow with the knife—after I came to, I saw a black handled knife in her hand—she was holding it down by her side—that was before I went to the station—I was stunned at first—she was taken hold of by Clynes and his father, and given into custody—I do not remember receiving more than the one blow with the knife—Clynes did not use bad language to the prisoner—he did not double his fist at her—it was with his open hand that he was going to shove her—he did not strike at her at any time—she lives in Golden-lane.
JAMES CLARK . I am a bricklayer, and live at No. 41, Radnor-street, St. Luke's. I was outside the Benbow, and saw the prisoner there—Clynes and Barnes were inside—I saw them come out—the prisoner then began to make use of very bad language—I did not hear what she said—I saw Clynes shove her away with his open hand—Barnes went in between them, and the prisoner up with her hand and caught her in the right eye with her fist—she had a knife in her hand, and the knife caught her in the left eye—I saw the prisoner seized, and she dropped the knife—I picked it up, and gave it to Clynes.
Prisoner. It is false about my striking her; I never did, and never used bad language. Witness. I am quite sure she did use bad language, and she struck her with her fist—it was not two blows that she made; she struck the right eye, and jobbed the knife into the left.
THOMAS CLYNES . I am a labourer, and live with Jane Barnes. I was at the Benbow public house that night—when I came out I saw the prisoner on the kerb stone, with her arms folded—she asked me what right I had to hit her brother—I said, "I did not beat your brother; but if I had, it was no more than he deserves, for hitting me with a poker on the arm"—she said, "I will give you worse than a poker"—she then began with bad language, not fit to mention—I merely went to shove her away with my open hand, and, before I could shove her away, Jane Barnes came in between, and tried to prevent me from shoving her—the prisoner then pulled out the knife and stabbed her—I did not see which eye she struck—I did not see exactly how the blow was given—the prosecutrix said she had a knife—I held the prisoner till the constable came—she dropped the knife, and Clark gave it to me—I gave it to the policeman.
Prisoner. He never mentioned the poker to me, nor me to him. Witness. I am quite certain that did pass—I had seen the brother as I was going home from work; I was talking to another young chap, and the brother came and interfered—I said, "If you interfere I will pull your ear;" and he went away, and returned in about two minutes, with a poker, and he struck me on the arm with it—I took the poker away from him, and gave it to my father, and he gave it to the policeman—I did not strike the brother; I only took the poker from him—that was about ten minutes before I was at the Benbow—he is about seventeen years of age, but is nearly as tall as me.
EDWARD MORRIS . I am house surgeon at St. Bartholomew's Hospital. On 7th April, about 8 o'clock in the evening, Barnes was brought to the hospital—I found a small wound on the left cheek, just below the left lower eyelid—both the lids of the right eye were enormously swollen—there was no cut or wound there—there was no appearance of the injury to the right eye being inflicted with a sharp instrument—I could not then get a sight of
the right eye, the lids being so intensely swollen—as far as I could ascertain, the eye was in the socket—she had lost the sight of that eye when she left the hospital—I believe she is not likely to recover her sight—the eye appeared to have sustained some internal rupture, which caused very intense inflammation—I do not attribute that to the wound on the left eye—that was a small, irregular, punctured wound—it appeared to hare been done by some pointed instrument—it might have been done by an instrument like this knife—the point may have been turned on the bone—the wound was close on the orbit—it was beyond the bone, into the orbit, for about half an inch, or rather more—the nose was not cut—it might so happen that the knife may have caught one eye while she was striking the other.
Prisoner's Defence. I sincerely deplore that this did occur; I was having my tea, and heard that a man was ill using my brother; I had a knife in my hand, cutting some bread; I went out, and the man made use of bad language to me, and was about to strike me; I put up my arm to prevent his hitting me in the face; he seized my arm, and twisted it; the young woman interfered, and I hit the blow in the heat of passion, which I much regret; I had no idea of doing any harm.
GUILTY of unlawfully Wounding. Aged 23.— Confined Four Months.
MICHAEL HAYDON (City policeman). On 30th April, about 1 o'clock in the day, I saw the prisoners together in Lombard-street, and watched them upwards of half an hour—they were following gentlemen up and down Lombard-street—on two occasions Green felt the pockets of gentlemen who were passing—they went behind a gentleman who was at Spielman's, the bullion merchant's window—Green pulled open the gentleman's pocket with the two fore fingers of his right hand, and they both looked into it—from there I followed them to Walbrook, then to Charlotte-row, where Green took three handkerchiefs out, examined them, and handed them to Murray, who also examined them, and returned them to Green, who put them into his trowsers pocket, and went up the Poultry—I followed them, and saw them follow the prosecutor in Cheapside—Green put his hand into his; pocket, and took out this handkerchief (produced)—Murray was by his side—(I was on the same side of the street)—Green put it into his trowsers pocket, turned round, and walked quickly away, accompanied by Murray, in the opposite direction to which they were walking when they picked the pocket—they had turned round to follow the prosecutor—I followed them to St. Paul's Churchyard, obtained assistance, and took them into custody—the prosecutor went on—I pointed him out to a policeman, who made a mistake in the person—I took the prisoners to the station, searched them, and found on Green these four handkerchiefs (produced)—I advertised in the Times that afternoon, and the gentleman is here now—he is the parson whose pocket I saw picked.
Green. Q. Why did not You take me when you saw me take the handkerchief? A. Because I wanted to have assistance, there being two of you.
WILLIAM RYDER . I am a printer, of No. 14, Bartholomew-close. On 13th April, between 1 and 2 o'clock, I was walking in Cheapside, towards the Poultry—I returned home, and missed my handkerchief—this (produced) is it—here is my mark, "W. R," on it—I did not see either of the prisoners—my attention was drawn to the matter by an advertisement in the Times the following morning.
Green's Defence. I bought the handkerchief.
Murray's Defence. I was walking about in search of a situation; Green was walking before me; he took three handkerchiefs out of his pocket, and used one, but he never gave them to me; he is a perfect stranger to me.
(Murray's mother gave him a good character.)
GREEN— GUILTY.† Aged 21.
MURRAY— GUILTY . Aged 22. Confined Six Months.
PLEADED GUILTY . Aged 36.— Confined Four Months.
MR. BALLANTINE conducted the Prosecution.
GEORGE GASCOYNE KIRKLEY . I live at No. 26, Wellington-place, Old Ford, and am station clerk at the Brick-lane station of the Eastern Counties Railway. The prisoner was in the Company's employment as carman—it was his duty to take back empty packages, to receive the porterage on them, and to account to me the same evening, or next day, for the moneys that he received—on 31st March, he took out seven empty packages to deliver at Mr. Myers' of No. 6, Great Prescott-street, the porterage on which was 1s. 9d—he had this bill (produced) with him, it is his delivery sheet—his duty was to receive the 1s. 9d., which would be endorsed on the sheet by our clerk—the prisoner had not to enter it anywhere—on 16th April, he took out nine empty packages, the porterage on which amounted to 2s. 3d.; he did not account to me for that, nor for the 1s. 9d. on 31st March; he brought back the bills to me, and said that he had not received the money.
Cross-examined by MR. RIBTON. Q. You did not deliver the packages to him on 31st March? A. I did not; Milton did—this is not my writing, but that of our delivery clerk, who, I believe, is here—the entry to Mr. Myers is in his writing, and I believe this 1s. 9d. also—this "C. D." is the signature of the recipient—I believe that these in the same bill were all delivered on the same day, March 31st—these other packages were delivered by somebody else—the bill has not been used by two carmen, but it has been pasted on since, for economy—I should think that we did not make the mistake of giving the paper to the wrong man, because here is his signature to it—this 1l. 4s. 8d. is another bill which he took out on that day—the entry was made by myself on 31st March—1 keep this book myself; it is to enter in the totals of all sheets which the prisoner takes out; it is for him alone, as long as he keeps the book—this column is a reference to my cash book, to show that I have paid the money in, which he pays to me—he pays me at night, if he gets home in time; if not he pays me next day—he generally gets home about 8 or 9 o'clock at night, and sometimes earlier—he is out every day in the week with empty packages—our clerk, Mr. Milton, makes out the bills that are given to him—no responsible person goes with him, a boy goes with him—the prisoner has been in the service of the Eastern Counties Railway Company about twelve months; I have been so about 9 years—there are several sums entered here since 31st March down to 18th April.
MR. BALLANTINE, Q. On both those days, 31st March, and 16th April, he did profess to account to you in the evening? A. Yes; and I called his attention to these particular sums, and he said that he had not received them—this total is what I received; it ought to have included the 1s. 9d., but as he said that he had not received it, I did not add it in the total.
MR. RIBTON. Q. Point out the 2s. 3d.? A. It is in sundry amounts; here is 6d. on 16th April—I erased the entries; part of them he told me he had not got the money for, that was the entry of "Hill, 1s. 3d".—I know that, because it is signed for as being taken out and delivered—the signature shows that they were received by the party who signs here—some of the goods were not taken out by the prisoner, some he said that he had not received the money for—I ask him if he has received it, and if he says, "No," I write, "Bring forward"—here is "Bring forward" in pencil, in the prisoner's writing, which means, "I have not had the money"—this 6d. is another sum which he told me he had not received—this "1s." erased, he told me, was not paid—this 2s. 6d. comes off another sheet; the prisoner did not have the goods, they were not put on his conveyance—the "Brought back," is my writing; I wrote it on the day I received the sheets—it means that the article was brought back, not the 2s. 6d.; it is put there for him to collect the money, and if he brings the article back the 2s. 6d. is erased—he told me that he brought it back—there are five or six men who take bills of this kind out—the accounts are all kept with the same regularity as these; they are all on one system.
MR. BALLANTINE. Q. This 2s. 3d. is made out of more amounts than one? A. Yes—I am able to say positively, that he said he had not received this sum—this" Bring forward," is written between the 1s. and the 6d. and applies to both.
WILLIAM MILTON . I am a clerk in the service of the Eastern Counties Railway Company. It is my duty to make out these sheets—I did not write the names in these sheets of 31st March and 16th April, but I filled in the whole of the charges—I know that the prisoner went out with the packages on those days—it appears by the paper that he was to receive 1s., 9d. for seven empty packages to be delivered to Mr. Myers, on the 31st—I think the 2s. 3d. was in three sums, 1s. 3d. on one sheets 6d. on another, and another amount of 6d.
Cross-examined. Q. What does this "Not on" mean? That he did not receive it; another clerk made some of these entries, he is not here, but I examined the whole of the entries—this "Not on," in blue ink, was written by the last witness—I wrote this "C 29, 323," on the same morning, or the following morning—I have been in the Company's service six months; the prisoner was there when I went.
CHARLOTTE DOWNTON . I am nurse in the service of Mr. Myers, of No. 6, Great Prescott-street On 31st March, I received some packages, and paid 1s. 9d.—these are my initials on the bill—I do not remember the prisoner.
ALEXANDER KENNEDY . I am clerk to Hill and Jones, wholesale confectioners, of Nos. 3, and 4, Jewry-street, Aldgate. On 16th April, I received nine empty packages, for which I paid 2s. 3d. in three different amounts—I find my initials on this sheet.
Cross-examined. Q. Have you any independent recollection, except by looking at that sheet? A. I have a small memorandum of my own, which I made at the time—the amounts I paid were 6d. 6d. and 1s. 3d.—I do not know who I paid them to—here is the date in the corner of my memorandum; I made it at the time—I am not the regular cashier.
COURT to GEORGE GASCOYNE KIRKLEY. Q. Are these lists issued out on the second day, or is it put into another list? A. It is put into another list, the same list never goes out again.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
GEORGE GASCOYNE KIRKLEY . I have hero the bill of 16th April—I find in it a quantity of packages entered to the prisoner to take to Chater and Co., for which he was to receive 2s. 10d. in the sums of 4d. 4d. 2d. 1s. 6d. and 6d—he did not account for any sums received from Chater and Co., either that day or the next—I asked him about it, and he said that he had not received the money, as he was tired of waiting there—I do not know whether a boy goes out with him—on 9th April, a puncheon to Messrs. Cash and Wright is not entered to the prisoner, but a portion appears to have been torn off the 317 sheet.
Cross-examined by MR. RIBTON. Q. There is nothing pasted on any of these sheets? A. Not that I am aware of; we do not paste on these before they get into the book—these bills have never been in the hands of the paster, he is not here; I do not know his name—I have an entry in my book, April 18th, 2l. 16s. 4d., that may be a very large amount, I do not know—I did not deliver these bills to the prisoner myself, Mr. Milton delivered them—I wrote this "Bring forward" in blue ink, but not this in black ink—when you see "Bring forward," in blue ink, it is mine—the prisoner does not make an entry for every entry that I make—this "Bring forward," is written in the office, but not in my presence; it is not any of the items charged, and has nothing to do with them; this money was not paid to me on that day—no other person is deputed to receive money from the carmen but me—here it another item, "1 hogshead;" that was not paid to me on that day, I do not know whether it has been paid to me since—these crosses on 17th April are made by the prisoner—here is "Mr. Coster," scratched out; that was not paid to me, I have put no "Bring forward" there, but very likely, that may have been done since; I do not know by whom—these bills have been in Mr. Milton's custody since—the prisoner made these crosses, and not us—this "Fry and Co., brought back," is in the prisoner's writing; I suppose it is correct—this entry, "Not on," means that that package was not on his load—this "Desmond and Co.," scratched out, is transferred to another sheet, for another carter—here has been an entry in pencil, but it has been erased; it is something like "Bishop"—the prisoner was not the only person that took out empty packages—the carters pay me on the date that it is entered in this book; if they tell me that they have not received it, I put "Bring forward"—I do not know whether they sometimes pay me afterwards, because it would go into another sheet—these sums might not be paid to another clerk; no other clerk is deputed to receive money—if a carman comes home at night and says, "I have not received this money, "I write down, "Bring forward" and Mr. Milton makes out another bill the next time the carman goes that way; I should receive the money from the carman when he brought it.
MR. BALLANTINE. Q. When these entries are brought forward, the bills are returned to Milton? A. Yes; and then I look at them again in the same way—I am quite certain that with reference to these sums the prisoner said that he could not wait for them.
I find here packages to be sent out to Chater and Co.—the entries to them amount to 2s. 8d.—I did not bring them into any other bill afterward, because the same carman does not always go the tame way, feat one day in the City, and another day at the West End.
COURT. Q. Would not they be put into another lift? A. Yes, when the prisoner was going the same route; but I believe he only went that way once afterwards, and that was the day that the amounts were found to have been paid—a boy whose name I do not know goes with the cart as well, to see that none of the goods fall off; he is thirteen or fourteen years of age—I know that there was a puncheon left in the yard directed to Cash and Wright—I find no notice of it in this bill—I did not deliver the bill personally to the prisoner—I believe it is not in the same state as when it left my hands.
Cross-examined. Q. Are you sure, or not, whether it is in the same state? A. I am sure that it was not in this state when I finished it, it was full length—when I find "Bring forward" on one of these sheets, my duty is to put it into another sheet—I do not know whether I omit it; I do not often do so, but the prisoner came and told me that he had not got the money, and asked me to bring it forward next time—he went, but I did not do so—it was found out after the prisoner told me.
COURT. Q. That was the amount to be received from Messrs. Chater? A. Yes, 2s. 8d. (MR. BALLANTINE stated that upon this evidence he could not proceed upon the first charge).
THOMAS SPENCER . I am a clerk, in the service of Chater and Co., of St. Dunstan's-hill. On 16th April I paid 2s. 8d. for empties—I do not know who to, or whether to a man or a boy—I have no knowledge of the prisoner—I did not go out of the counting house to pay, and do not know whether I saw the party—I did not sign; it was William Lawrence, Who is not here; but I paid the money—I attended once at the police court, but had no subpoena to attend the second time, and forgo it.
Cross-examined Q. You may have paid the money to Lawrence? Ã…. No, I paid it to the party who came, I know.
COURT. Q. You said just now that you may not have seen the person? A. I said I might not have seen him a minute; I did not take particular notice of him—I was up stairs, somebody brought me up the sheets signed, and I paid it.
HENRY NEWCHAM . I am a clerk, in the service of Cash and Wright, of Aldersgate-street. On 17th April somebody brought an empty return puncheon; I know that it was a man, but I cannot recollect the party—he charged 9d., but before I paid it I looked at the delivery sheet, and it was not on it—I got him to enter it down himself, and he entered it nearly at the bottom of the sheet—I did not notice the preceding entry, but there was a long gap after several other entries—I believe the sheet was dated the 17th; I signed it—here is part of the bottom of this sheet torn off—I cannot tell whether this is it, but it bears the same date, and is a similar sheet.
Cross-examined. Q. You are not sure about the date?A. Yes; I made the entry in the cash and bottle book; I have looked at it since, when the parties from the Eastern Counties Railway came.
MR. RIBTON to WILLIAM MILTON. Q. Do you know the age of the boy? A. I do not, but I believe twelve or thirteen; I cannot say whether he is eighteen.
COURT. Q. Is he as tall as the prisoner? A. I do not think he is—he
may be five feet high, or more—I never took particular notice of him—the boys have nothing to do with me—I do not consider that he has any of the appearance of a man about him—he is employed at the station still I believe—I did not deliver the bill into the prisoner's hand, but I made it out.
COURT to THOMAS SPENCER. Q. You remember paying the 2s. 8d., did you keep the party waiting at all? A. Not that I am aware of.
GUILTY . Aged 23.— Confined Three Months.
NEW COURT.—Monday, May 7th. 1855.
PRESENT—Sir JAMES DUKE, Bart., Ald.; Sir ROBERT WALTER CARDEN, Knt., Ald.; Mr. Ald. KENNEDY; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
NOT GUILTY .
BENJAMIN HOBSON . I am assistant secretary to the People's Provident Assurance Society. On 28th April, I was in the office, Mr. James Knight, the secretary, was there—the prisoner came there—I was copying letters—Mr. Knight told me, in the prisoner's presence, that the prisoner had come for 1s. 2d.—he said that the prisoner stated he had come from Scott and Hall's, with a parcel, to the Cross Keys, Wood-street, and in coming along he had lost his purse, and would Mr. Knight let him have the money to pay the carriage—Mr. Knight told me to go with the prisoner to the Cross Keys—I went, and in going the prisoner told me the parcel was for Edinburgh, and that it contained envelopes—when we got to the Cross Keys, instead of going into the booking office, he went down to the stable—he came up and went down again, and I followed him—I asked a man there if he had anything to do there; he said, "No"—I took him to the booking office, and asked the clerks if he had brought any parcel there—they said, "No"—I left there, and went with the prisoner to Cannon-street, which is the way towards Scott and Hall's—I saw a policeman in Cannon-street, and gave the prisoner into custody.
JESSE HALL I am partner with Mr. John Scott, in Charlotte-street, Blackfriars—the prisoner had been in our service; he had left us about a fortnight—we are printers to the People's Provident Assurance Society—we did not send the prisoner with any parcel that day—we did not direct him to go to the People's Provident Assurance Society that day—we have about twenty persons in our employ—we have a foreman—Mr. Scott is in the country—I do not think the prisoner ever had to go with a parcel—he was a compositor.
CORNELIUS DOLOHUNTY (City policeman). The prisoner was given into my custody in Upper Thames-street—I asked him what had become of the parcel—he said he left it at the booking office—he then said he sent it by the ostler—I told him to be careful what he said—he said he was seduced by a man of the name of Cooke to go there, and he had no parcel—he was not sober, he was not drunk, but he had had more than he ought to have had.
Prisoner's Defence. There had been no work for us to do, and a man made me drink with him, and wanted me to go for money; I refused, but I was so tipsy that day, he made me go; I was foolish enough to say there was a parcel, which there was not; I am very sorry for it; I had a seat of work to go to the next morning; I have made up my mind not to have anything to do with that man any more.
JURY to JESSE HALL. Q. What character had the prisoner while with you?A. He would have been with us till now had his character been good—he was with us about two months.
GUILTY. Aged 21.—Recommended to mercy by the Jury. — Confined Two Months.
PLEADED GUILTY ,
(To appear and receive judgment when called upon.)
OLD COURT.—Tuesday, May 8th. 1855.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. CHALLIS; Mr. RECORDER; and Sir ROBERT WALTER CARDEN, Knt., Ald.
Before Mr. Recorder and the Second Jury.
PLEADED GUILTY. Aged 16.— Judgment Respited.
PLEADED GUILTY . Aged 32.— Confined Six Months.
528. MILES DONNELLY , stealing, on 21st Aug., 7 engraved copper plates, value 20l.; on 9th Dec., 9 engraved copper plates, value 200l.; and on 9th Feb., 9 engraved copper plates, value 320l.: also. on 12th April, 1 engraved copper plate, value 55l.; on 19th April, 1 engraved copper plate, value 55l.; and on 24th April, 1 engraved copper plate, value 55l.; the goods of Charles Walker, and others, his masters: to all which he
PLEADED GUILTY. Aged 16.—Recommended to mercy. — Confined Four Months.
PLEADED GUILTY . Aged 16.— Confined Six Months.
MR. BALLANTINE conducted the Prosecution.
GEORGE DIXON . I am an engine driver on the London and South Western Railway. On Friday evening, 27th April, I was driving the 5.45 train from Waterloo to Windsor—I stopped at the Feltham station—after leaving there I had proceeded about a quarter of a mile; I had not got
into full speed—I observed an iron chair on the up line—this is it (produced)—it was placed on the rail itself—the effect of that might have been to throw a train off the line, or it might not; I cannot say—it would be liable to have done so; it is a very dangerous thing—there would have been an up train in about half an hour—I stopped directly, and sent a man who was at work on the side of the line to remove it.
COURT. Q. Is there any contrivance furnished to the front of the engine for the purpose of pushing away anything that may be upon the line? A. Yes, a strong bar of iron, called a life guard—that might or might not have pushed it away; I cannot say—if this had been thrown between the two lines it would have been harmless—it was being placed upon the line that made it dangerous.
HENRY BUSHNELL . On Friday evening, 27th April, I saw the prisoner in a field near the line, minding birds—I saw him there for some time before the arrival of the train—I did not see him on the line at all—he was playing about in the field close to the line—I should say I did not see him nearer than a dozen yards to the line—I afterwards picked up the chair off the line—I had seen the prisoner a dozen yards or more from that place—Dixon beckoned to me, and told me to take the thing off the line, and I did so directly—it lay quite upon the line, with the broken part towards Windsor.
COURT. Q. Where were you when you were beckoned to by Dixon? A. I was at work by the side of the line, digging, I should think, 200 or 300 yards from the chair—I should have seen the prisoner if he had gone on the line—there is a regular footpath at that part of the line, a regular thoroughfare for persons—if I had been looking I could have seen any person putting it there—he might have done it without my seeing him.
MR. BALLANTINE, Q. You told somebody about him, did you not? A. I do not know that I did; I do not recollect doing so—the station master asked me if I had seen anybody go across the line, and I told him I had seen three men—I do not know that it was through what I said that the prisoner was taken into custody.
COURT. Q. Did you see three men go across? A. Yes, about half past 5 o'clock—that might be about an hour before Dixon called to me to take this off the line—no up train passed between the time of those three men going across, and Dixon calling to me—I know the prisoner; he lives at Hanworth, about two miles and a half from the place, with his mother and father-in-law—he was employed at bird minding in the field adjoining the line.
JAMES ANDERTON . I am a plate layer on the London and South Western Railway. On Saturday morning, 28th April, I received some information from Bushnell—he told me that he saw the boy throw it on the line—it was from what he told me that I went to the prisoner—I asked him how he came to put the chair on the rail.
COURT. Q. Before you asked him that, did you tell him that it would be better for him to tell the truth, or anything of that sort? A. He denied it at first, and then I told him he had better tell the truth, it would be a good deal better for him if he owned to it—I was not employed by any of my superiors to see him—he knew I worked on the line.
(MR. JUSTICE CRESSWELL was disposed to think the statement of the prisoner receivable, not with standing the observation made to him by the witness, he not being a person having any authority to make any promise; still, he was in a position which might lead the prisoner to suppose that he had: MR. BALLANTINE did not press the evidence.)
THOMAS BENT . I am an inspector of the A division of police, and am employed by the Railway Company. In consequence of something I heard, I went down to the Feltham station on the Saturday—I found the prisoner there—I told him I should take him into custody for placing the chair on the line—he cried, and said, "I am very sorry for it; I beg your pardon; I will never do it any more if you forgive me"—I said I could not forgive him, I must take him into custody—I had not said anything to induce him to state this—I have made inquiries about the boy—he has a father-in-law and a mother—he cannot read or write; he is quite ignorant—he seems a steady, good tempered boy—I brought him to London, and he seemed very good tempered, and a very good disposition—he did not give me any reason for doing this.
ROBERT JOHN SMITH . I am station master at Feltham. On the morning of 28th April, Anderton told me something about the boy—he was brought into my office—I said to him, "Well, my man, what if it?"—he began to cry, and said he would not do so any more—I said, "What have you done?" (I knew at that time what he had done)—he said, "Placed that piece of iron on the rail at Mr. Harris's station," pointing to the iron which was lying on the office floor—I asked him why he did it—he said, "I don't know"—he told me he was working for farmer Harris, and was minding the birds—I communicated to the authorities in town, and the officer came down.
COURT. Q. He seemed sorry for what he had done, did he? A. He did; he began to cry.
NOT GUILTY .
ROBERT JAMES SMITH . I am a printer, of No. 5, Church-row, Houndsditch. On the night of 27th April I was at a public house in Houndsditch, and put my great coat on a seat in the taproom—the prisoner and his wife were there—the prisoner went and sat by my coat—I missed it ten minutes afterwards—he and his wife were then gone—I saw no more of him till the following Thursday, when he came to the public house, and the waiter accused him, and told him that he saw him take the coat, and give it to his wife—he at first said that he knew nothing about it—afterwards he said that he knew the man who did take it, that it was pawned over in the Borough, and that he took part of the drink from the money, which it was pawned for; and if I would give him 18d. a pot of porter, and a halfpenny to pay for the ticket, he would return me the coat—I let him go, and on the Friday evening he came in again, and desired me to give him 18d., and he would fetch the coat—I said, "If you do not give me up the coat I shall give you in charge, as you know where it is," and fetched a policeman.
Prisoner. Q. Did you leave your coat in charge of any one? A. No—there were several people in the taproom—the landlord came into the tap-room and told all the people to go out, as it was shutting up time—you were the first person that left, and you pushed your wife out of doors—I saw you on the Thursday, and we may have drunk out of the same pewter—I have known you for years, and never heard anybody say that you have done wrong before—you have been in that taproom many times.
ROBERT JACKSON . I am servant to Mr. Pearce, a licensed victualler, of Houndsditch. On this Friday night I saw the prisoner take the coat off the seat, and give it to his wife, saying, "If this is your coat, take it"—I did not see what she did with it—they went out in ten minutes or a quarter
of an hour—they were the only parties that went out before the coat was missed—I did not see what his wife did with the coat after she received it—the prisoner sat on one side of the fireplace, and the prosecutor on the other.
Prisoner. Q. Mr. Smith keeps a common house; were not there some of his people there, several women? A. His wife was there, and another woman, Mrs. Lyons, I believe—there was was no other female except your wife—your wife said to Mr. Pearce, "Give me a glass of gin, and I will go"—he gave her a glass, and said, "I am glad to get rid of you," and then you pushed her out of the house—Mr. Jones and his wife, and Mr. Lyons and his wife remained in the taproom after you left.
COURT. Q. Were you there on the next Thursday? A. Yes, and I heard the prisoner say that he would bring back the coat for 18d. and a pot of porter—he said it to the company—I do not think Smith was there then, but he was on Friday—I had refused to serve the prisoner and his wife from 3 o'clock until they went out, which was a quarter or twenty minutes past 12.
Prisoner's Defence. This man keeps an indifferent house; there were several people in the taproom, and they have corresponded together to take my life away.
COURT to ROBERT JAMES SMITH. Q. Did you know where to find the prisoner after you lost your coat?A. No, or I should have gone after him, as I caught a severe cold through losing it—I did not give him into custody on the Thursday, because he promised to bring the coat home to me—I did not promise to give him any money—I said that I would not do it, and on Friday night he came again and I gave him in charge—I have never got my coat back.
(The prisoner received a good character.)
GUILTY .— Confined Four Months.
MR. PLATT conducted the Prosecution.
JOHN WALKER . I am assistant to James Wood, a woollen draper, of No. 79, Bishopsgate-street. On 25th April, about a quarter to 8 o'clock at night, some person came into the shop, and said something to me—I ran down Skinner-street, and saw two men running from Bishopsgate-street, towards Long-alley, which leads into Bloomfield-street and Worship-street—the prisoner is one of them—he had a piece of cloth under his arm—I was not near enough to see whether he had all of it, but it was dark, and they were some distance off, running—they turned down Angel-alley, which leads into another alley, which leads into Long-alley—they were out of my sight not two seconds, but during that time they must have chanced it from one to the other—when I saw them again they were in the alley leading from Angel-alley into Long-alley, and were still running—directly they got into Long-alley they separated, and one went one way, and one the other—the other man got away—the prisoner stopped suddenly—I found him stopped when I got into Long-alley—he appeared out of breath when I came up to him.
COURT. Q. Was he standing in Long-alley? A. No; he was walking very slowly—I have no doubt at all that he is the man whom I had seen before—I caught hold of his collar, and said, "Come along with me"—he said, "What for?"—I said, "For stealing cloth in Bishopsgate-street"—he walked with me to Skinner-street, then put his hands on two posts, and
said, "I am not going any further with you now"—he got away from the posts, and struck me on the head—I caught hold of his hand, and he tried to strike me again—I threw him down, and kept him till a policeman came—I afterwards missed four lengths of woollen cloth, of two yards and a half each, from inside my master's door—I had seen them safe five or ten minutes before I received the information.
Cross-examined by MR. SLEIGH. Q. Did you call out, "Stop thief?"A. Yes, in one of the alleys—that did not cause anybody else to join in the pursuit, that I saw—when I came up with the prisoner he was walking from me—he denied immediately having anything to do with any transacttion of the kind—he said that all along—his words were that he knew nothing about it—he went fifty yards with me towards the shop, before he refused to go any further—I stopped him 200 or 300 yards from the shop.
BENJAMIN DAVIS . I live at No. 25, Tenter-street, Spitalfields, and am a cigar maker. On 25th April, at a little before 8 o'clock, I saw the prisoner and another go into the prosecutor's shop—I am sure the prisoner is one—they stood by the shop—one of them went in, took a piece of cloth, and ran away; and then the prisoner went in, took a piece of cloth, came out, and they went up Acorn-street—the prisoner then passed the cloth that he had to the other one—I went into the shop, and said something, and Walker came out and ran after them—I followed, but went up another street, and then found the prisoner stopping by a post—Mr. Walker said, "Come along with me"—he said, "I will not," and he struck Mr. Walker over the head—I was there when Mr. Walker got up to him, and saw him seize him, and bring him to where the posts were, and then he would go no further.
Cross-examined. Q. Just before Mr. Walker came up were you running before him?A. Yes—I was on the same side of the street when I saw the two men go into the shop—by the time I had given information, and got out of the shop again, the two men had got several yards off.
COURT. Q. What light was there at the shop? A. Gas and there were street lamps too—I had never seen the men before—I walked on for a little time, till they ran out, and then I went and told the gentleman—I looked back, and then I went on a little way—I was watching them, to see how much they did take.
(The prisoner's statement before the Magistrate was here read as follows: "I hope this will not send me for trial; I am sure I am as innocent as the youngest child born; I had been in bed all the evening; I had only been out ten minutes.")
GUILTY . Aged 23.— Confined Twelve Months.
PLEADED GUILTY . Aged 25.— Confined Twelve Months.
JULIA BARNETT . I am the wife of Barnett Barnett; he is gone to Australia; I live at No. 12, Hutchison-street, Houndsditch. The prisoner was in my service as servant of all work—I dismissed her rather better than three weeks before she was taken into custody—after she had left me, I missed a great deal of wearing apparel, amounting to about 3l—they were chiefly baby's things, shifts and night gowns—I also lost a cloak, two pairs of stockings, and a night cap—very little has been found—I gave information to the police.
MORRIS LANE (policeman, K 397). I went to the prisoner's lodging, No. 1, Blacksmith's arms-court, Cook-street, Ratcliff, with the prosecutor—I searched the room, and found this property which I produce—Mr. Barnett identified them as his—I said nothing to the prisoner about them—there were other lodgers in the room—I found them in the first floor room, by her bed, near the fireplace—there were two beds in the room—it was not stated, in the prisoner's presence, whose bed it was, nor whose the things were.
SARAH LANE . I am the wife of Morris Lane, and am female searcher at King David-lane, Shadwell The prisoner was brought there—I searched her, and found on her two pairs of stockings—one pair she had on, and the other pair in her pocket—her mistress was in the room at the time, and claimed them—I gave them to my husband—they are very old.
JULIA BARNETT re-examined. These are my things—this night gown is my own making—I never gave it to the prisoner—she had no right to take it—this is one my mother made; it belongs to me—this is an old cloak, which I also missed—I believe these stockings to be mine; they are not marked—I have not mended them—they are very common—she had only been with me a fortnight.
The prisoner's statement before the Magistrate was read as follows: "I acknowledge to taking them, as I did not put any value upon them, and my master and mistress can do as they like with me."
Prisoner's Defence. I am not guilty of anything but the old bit of a counterpane and the cloak; I found them in the dust hole, and thought they were of no use; the stockings are my own; there were lots of silks and satins in the house, which I might have taken if I had had a mind to steal.
GUILTY. Aged 24.—Recommended to mercy. — Confined Two Months.
MR. W. J. PAYNE conducted the Prosecution.
JAKES HONOUR . I am a carrier, and live at Weedon, in the county of Bucks. On Sunday evening, 29th April, I was at Hillingdon—I had a cart, and a hamper in it, containing ten dead ducks—about half past 10 o'clock the cart was standing in front of the Standard public house—I went to it, saw some straw littered about, and missed nine ducks out of the hamper—I had left the hamper secure, tied with a string—I found the string broken or cut—I gave information to the police—I was shown the ducks next day by the policeman—they were the same that had been safe in my cart the night before—they are not here.
Cross-examined by MR. RIBTON. Q. You had no mark on them, I believe? A. No—if I had not lost them I should not have sworn to them—they were white, Aylesbury ducks.
JOSHUA TURTON (policeman, T 93). On the afternoon of 30th April I was at Hillingdon, and saw the prisoners in a field, about 300 yards from the back of the Standard—they had a basket in their possession—I watched them, and saw them go to a stack of straw, take something from it, and put it into the hamper—I went round, and met them coming along by the railroad—I asked what they had got—they said, "Ducks"—I said, "Stop; I shall arrest you"—they dropped the basket, and went away—I was in plain clothes—I examined the basket, and found it contained nine dead ducks—I followed the prisoners, and took them into custody—I showed the ducks to the prosecutor next day, and he identified them—he explained to
the Magistrate, before he saw them, that they were very peculiar; that their bills had turned blue, from being giddy; and they were so, every one of them.
Cross-examined. Q. That is not uncommon, is it? A. It is not common—they are generally killed when their bills turn blue; it is from over feeding.
JORDAN— GUILTY of Receiving. Aged 21.— Confined Three Month.
SIMONS— GUILTY of Receiving. Aged 25.
(Simons was further charged with having been before convicted at this Court, on April 30th of housebreaking, by the name of William Ferguson, after a previous conviction, and with having been sentenced to ten years' transportation: to which he
PLEADED GUILTY.— Confined Twelve Months.)
NEW COURT—Tuesday, May 8th. 1855.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. KENNEDY; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY . Aged 23.— Confined Eighteen Months.
PLEADED GUILTY . Aged 22.— Confined Nine Months.
PLEADED GUILTY . Aged 21.— Confined Twelve Months.
PLEADED GUILTY . Aged 18.— Confined Six Months.
MESSRS. ELLIS and POLAND conducted the Prosecution.
WILLIAM STEVENS . I am a greengrocer, of William-street, Lisson-grove. On the 7th April, the prisoner came there, between 8 and 9 o'clock in the evening; my father served him with 3 lbs. of potatoes—I took the money—they came to 2d. she gave me a sixpence, I gave her 4d. change, and she left immediately—I was very busy, and put the sixpence in my waistcoat pocket by itself—there was no other silver there—about five minutes after the prisoner was gone I examined it, put it to my teeth, and found it was counterfeit—I marked it with my teeth, kept it till 11th April, and then gave it to a constable—I am positive it was the same the prisoner gave me.
Prisoner. Q. I have been to your shop the last fourteen months, did you ever know me bring bad money before? A. No—I did not give you a 4d. piece—I gave you fourpence in halfpence—I did not put the sixpence with other money.
Prisoner. Four years ago you had me in custody, and you have owed me a grudge ever since, and when you saw me this time you said "Now I will
do for you." Witness. No, I did not; I never had You in custody in my life, that I know of.
ANN ELIZA FLACK . I am the wife of James Flack; he keeps the Sun public house, in Lisson-street. On 7th April, the prisoner came, between 7 and 8 o'clock in the evening, for half a gallon of porter; it came to six-pence; she gave me a sixpence, and kept talking to me till she was gone—I had observed that the sixpence that she gave me was bad, but I did not interfere with her, because I knew she would come back again—I gave the sixpence to my husband.
Prisoner. I offered you two sixpences. Witness. You put down two; I said, "I only require one," and you gave me one, which was bad.
COURT. Q. How long was it between taking it from her and giving it to your husband? A. I do not think it exceeded an hour—I had kept it all that time on the stove—there was no other sixpence there.
JAMES FLACK . On 7th April I saw the prisoner, she gave my wife a sixpence, my wife afterwards gave it me—I found it was bad, and put it on the stove at the back of the bar—between 10 and 11 o'clock the same night she came again for half a gallon of porter; I served her, she gave me a shilling, I saw it was bad, and detained her—I said she had been there before, I should not let her go—I sent for a constable—she begged me not to give her in charge—she did not say how she got the money, nor who sent her—I gave the shilling and the sixpence to the constable, having kept it in my hand till he came.
THOMAS DOUGLAS (policeman, D 194). I took the prisoner—I received this shilling and sixpence from Mr. Flack—I told the prisoner what she was in custody for—she attempted to put her hand under her apron—I said, "What have you there?"—I took hold of her hand, and found in it this other counterfeit shilling and sixpence—there were four shillings and twopence in good money on her.
Prisoner. Q. You said what had I got, I said money, and opened my hand, and you took the money. Witness. When I first asked you what you had got, you said it was your business, and you refused to let me see it.
Prisoners Defence. I had the money to get the porter for a man; I did not know it was bad.
GUILTY .* Aged 37.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JANE BARTLETT . I am barmaid at the Mother Bed Cap, at Holloway. On 11th April the prisoner came, about half past 2 o'clock—he asked for a glass of half and half and a Pickwick; they came to 2(d—he put me down a 2s. piece—Mr. Corbett, the landlord, just came in; I asked him to give me change, and he did, and took the florin—I gave the change, 1s. 9(d., to the prisoner, and he went away.
Prisoner. But when I was taken I had only 2d. in my possession. Witness. I am sure you are the man.
ROBERT CORBETT . I am landlord of the Mother Red Cap. I came in from the garden when my young woman was serving; I gave her 1s. 9 1/4 d. in change for a florin—I saw her go to the bar, and I presume she gave it to a man that was there—there was a man there—I did not notice his
features—in about three minutes I found the florin was bad—I had not mixed it with other money—I afterwards gave it to the policeman—I went towards the Archway tavern—Mr. Maltby, the landlord, came out and spoke to me—I went in, and found the prisoner there—I told him he had passed a bad 2s.-piece a few minutes ago—I believe he said that I could not swear to him—he was taken to the station house.
JOHN MALTBY . I keep the Archway tavern—I remember the prisoner coming to my house, between half past 2 and 3 o'clock, on 11th April—he asked for a glass of half and half, it came to 1d. and he tendered half a crown—as soon as I took it up I found it was bad—I said, "This is a queer one, is not it?"—he said it was good—I took it to the tester, and nearly took a piece out of it—I saw Mr. Corbett outside, and went and spoke to him—he came into the house and spoke to the prisoner—the prisoner behaved very rudely—I seized him, he struggled hard to get away—I sent for a policeman, and gave him the half crown and the prisoner—I did not see any thing the matter with the prisoner—he tried to get away.
Prisoner. Q. How is it possible I could get away when you had hold of me, and Mr. Corbett? A. I believe if I had given you the half crown you would have given me ley bail. and got away.
WILLIAM WELLS (policeman, S 246). The prisoner was given into my custody on 11th April, at the Archway tavern—Mr. Maltby gave me this half crown, and Mr. Gorbett gave me this florin—I took the prisoner to the station, and found 2d. on him—these are the coins (produced).
Prisoner's Defence. On the Wednesday morning I heard there was some work to be done; I went out, and had 3s. in my pocket; I changed 6d., and then went to change the half crown, but I know nothing about the 2s. piece; I admit I had the half crown; directly I gave it to the publican he pronounced it bad; the reason I did not pay with the 2d. was, I was going to get a bit of steak, and get my dirtier.
GUILTY . Aged 21.— Confined Nine Months.
MESSRS. BODKIK and POLAND conducted the Prosecutions.
JOHN DOMONE . I am a butcher, and live in Newport-market. On Saturday, 31st March, about 10 o'clock at night, the prisoner came to my shop—my son was there—he served her with some mutton, which came to 3s. 1d.—she paid with half a crown and a shilling—I gave her change, and she went out at the door—after she was gone I looked at the half crown, and it was bad; my son found it was bad first—I wrapped it in paper, and looked it up in a drawer separate from other money—I knew the prisoner very well—on the following Saturday she came again, and had a piece of beef—my son handed it in to me, and I weighed it; it came to 2s. 11d.—the prisoner gave me a 5s.-piece, which was wrapped in paper in her hand—my son said to me, "Let me look at that 5s.-piece"—I did, and he said it was bad—he gave it me again—I sent for a constable, and told the prisoner that it was bad, and that I had a half crown that I took of her last Saturday night—she said she had paid me 3s.—a constable came and took her—my son gave the crown and half crown to him.
Prisoner. When I went to your shop I wanted a bit of pork; I went away, and came back to have a piece of beef, and your son wanted me to give him a good half crown for a bad one; I said I would not, and you said if I would not give him a good half crown for it, you would lock me up.
Witness. Yes, when I found the 5s.-piece was bad, I do not deny saying that if you gave me a good half crown for the bad one I would let you go; I knew you as a customer, and thought you might know who you took it of.
WILLIAM JAMES DOMONE . I am the son of the last witness. I was assisting him on Saturday night, 31st March; the prisoner came and bought some mutton, which came to 3s. and some halfpence; she gave me a counterfeit half crown and a good shilling—after she was gone I found the half crown was bad—I was there on the Saturday night afterwards, when she came and asked for some pork—I had not got it, and she had a bit of beef—I handed it in to my father to weigh, it was 5 lbs., and came to 2s. 8d.—she tendered a crown piece, which she took from her left side—I did not notice any paper—I desired my father to show me the crown, and I found it bad—I told the prisoner so, and showed it her—she snatched it out of my hand; I laid hold of her hand directly, she would not give it up—an officer came and took her hand with the crown in it—my father produced the half crown, and said that she had passed it the week previous; she denied it—the constable took the crown from her hand at the station—I saw a mark on it near the rim, where I had bitten it—this is it (produced).
WILLIAM FLOOKS (policeman, C 98). On Saturday night, 7th April, I was sent for to Mr. Domone's; I found the prisoner there, she was given into custody for passing a bad half crown on 31st March, and a 5s. piece on 7th April—Mr. Domone gave me this half crown; at the station the prisoner gave me 13s. 8(d. in good money, a 5s. piece, a half crown, six shillings, two penny pieces, and a halfpenny.
Prisoners Defence. I was not the person who gave the half-crown; my husband gave me a half sovereign, I changed it, and got a 5s. piece and four shillings; I went to the shop and they had not a bit of pork; I went again, and had a piece of beef; I gave the 5s. piece, they said it was bad, and that I had given a bad half crown, and if I would give them a good one they would not lock me up; I said I would not, I would send to my husband, but they locked me up; I know nothing whatever of the half crown.
COURT to JOHN DOMONE. Q. You were there on 31st March? A. Yes; I know the prisoner is the person, she had been there several Saturday nights.
GUILTY .** Aged 24.— Confined Twelve Months.
MESSRS BODKIN and POLAND conducted the Prosecution.
JAMES DWYER . I attend to the business of the Ship, in Warner-street The prisoner came there on Tuesday, 24th April, about 6 o'clock in the evening, there was a man with her—the prisoner called for half a quartern of gin, and gave me 1s.—I gave her change, they both drank the gin, and went away—this was just before the gas was lighted—I threw the shilling into the till, there was no other shilling there—when the gas was lighted, I looked in the till and found only one shilling in it, which was bad—I took it out, and took care of it till the prisoner came again on the Thursday following, and gave some bad money to the barman—I gave the bad shilling to the officer.
Prisoner. Q. I was not there, what do you know me by? A. By your features; I do not know that I had seen you before.
MR. BODKIN. Q. Did you take particular notice of her?A. Yes; when I came down stairs, I said, "That's the woman that was here the other night"—I recognised her directly.
JOHN TAYLOR . I am barman of the Ship. On Thursday, 26th April, the prisoner came about 10 o'clock—I served her with two pennyworth of gin, and a biscuit—she put down half a crown on the counter, I took it up and discovered that it was bad—I called Mr. Dwyer down stairs, and he recognised her directly—my master marked the half crown and gave it to West.
THOMAS WEST (policeman, C 58). I was called on 26th April, and took the prisoner—I heard her charged with having passed a bad shilling and half a crown; she denied having been in the house before; she was searched, and two halfpence were found on her—this is the shilling and half crown.
Prisoner's Defence. I met a gentleman who gave me the half crown, the shilling I know nothing about; the people I work for will give me a character.
GUILTY . Aged 26.— Confined Nine Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
MARY ANN BISHOP . I am the daughter of William Bishop, he keeps a beer shop and coffee house in Cleveland-street, Middlesex Hospital On 5th April, a little before 12 o'clock, Sarsfield came, and asked for some coffee—I served him—he gave me a shilling, I noticed it was one of the Queen's reign—I believed it to be good, and gave him the 11d. change—I put the shilling in a drawer which I have for myself—there was one shilling in it, and I put this shilling with it—my father came home before Sarsfield went out—my father went to the drawer and took out the two shillings—there were only two shillings there.
Sarsfield. Q. There were some gentlemen there who paid you some silver at the same time? A. No; they did not pay till after you were gone out.
WILLIAM BISHOP . I keep the coffee shop. I came home about a quarter before 12 o'clock—Sarsfield was then standing in the coffee shop—I went to the drawer and found there were only two shillings in it—one was a Queen's, and the other a King's shilling—they were both bad—I took them up, and my daughter said she took one of that man—Sarsfield then got up and went out—I followed him, and saw him join Fitzgerald in Cleveland-street, twenty or thirty houses from my house—Fitzgerald appeared to be waiting for him—I said nothing to them, but I watched them—I saw them put their hands together as if passing something to each other; after that. Fitzgerald went into another coffee shop, and Sarsfield waited outside—while he was waiting I saw a policeman, and made a communication to him, in consequence of that he went into the coffee shop and took Fitzgerald into custody—I spoke to another policeman, and he took Sarsfield into custody—Sarsfield said he was not aware of the shilling being bad, and said, "You want your 11d. back, that is all you want?"—I said, "That won't do for me"—I marked the shilling, and gave it to the officer.
Sarsfield. I could have got away if I had known it was bad: I went half a mile before I was taken.
AMELIA HICKMAN . On the day this happened, I was attending to the business in Tavener's coffee shop in Cleveland-street About half past 12 o'clock, Fitzgerald came in—he asked for a cup of coffee, and gave me a shilling—I gave him 11d. change—I put the shilling in a bowl—there was no other silver there, only a penny—Mr. Bishop came in and asked me if
the prisoner had given me any money—I said, "Yes"—he told me to look at it, and the shilling was bad—I marked the shilling and gave it to Field, the officer—this is the shilling, it has the mark that I put upon it.
Fitzgerald. I had been selling some things in the street—I took that shilling—I did not know it was bad.
EDWARD JOHN FIELD (policeman, E 165). On Thursday, 5th April, I went, at Mr. Bishop's request, to the coffee shop—I found Fitzgerald—he was charged with passing a bad shilling—I received this shilling there, and took Fitzgerald into custody—I found on him two shillings, three sixpences, a 4d. piece, and one penny, all good.
Fitzgerald. You took the change off the table? Witness. I took it from you.
WILLIAM SMITH GREGG (policeman, E 111). Mr. Bishop gave Sarsfield into my custody, with two counterfeit shillings—Sarsfield said he did not know the shilling was bad—I found on him a good sixpence, and 7 1/2 d. in coppers.
FITZGERALD— GUILTY . Aged 25.
SARSFIELD GUILTY . Age 23. Confined Nine Months.
PLEADED GUILTY . Aged 33.— Confined Four Months.
MR. CAARTEN conducted the Prosecution.
ROBERT RANDALL . I am a carman; I live at No. 15, Chamber-street, Whitechapel. On 19th April, about 4 o'clock in the afternoon, I was in Fleet-street; I saw the prisoner in company with two or three others—I saw the prisoner go up to Mr. Gilbert—he put his right elbow on to his breast, and with his left hand he took his watch out of his waistcoat pocket—I caught hold of the prisoner by the collar—I heard some one say, "Sling it"—the prisoner put his arm up, and I thought he was going to throw something away—I caught hold of his hand, and kept it till a policeman came up—I then look the watch out of his hand, and gave it and the prisoner to the policeman.
Cross-examined by MR. SLEIGH. Q. You had been to see the Emperor and Empress? A. Yes; the street was very crowded, the Emperor had come from Guildhall, and had just passed by—the street was pretty clear just where this was—it was on the pathway just after the Emperor had passed—it was six or seven doors up from Bridge-street—there were two policemen there, keeping that part pretty clear.
JAMBS GILBERT . I live in Waterloo-street, Camberwell. I was in Fleet-street on the afternoon of 19th April—Randall spoke to me, and showed me a watch, which I believe to be mine—I had a watch with me in Fleet-street that day—I saw it when I came through Temple-bar—this is my watch (produced).
MR. SLEIGH to ROBERT RANDALL. Q. In whose employ are you? A. I was in Mr. Duckworth's—I had been out of employ five weeks—I lodge in
Chamber-street—I had been in Mr. Duckworth's employ about fifteen months, but this shipping house had stopped, and there was no work for us—there were two or three other persons with the prisoner—they ran off when they saw I had got hold of the prisoner, and they could not get the prisoner and the property away—they ran off—they tried to get the prisoner away—I have not stated before that they tried to get the prisoner away—the Magistrate did not ask me—the policeman came up in about a minute after I had hold of the prisoner—the prisoner had the watch still in his hand when the policeman came up—my deposition was read over to me and I signed it—this is my signature.
Q. Attend to me—(reading—"I caught hold of the prisoner's hand and took the watch from it, when the policeman came up I gave the watch to him—this is it")—which is true, that which I have read, as stated by you before the Magistrate, or what you have said to-day? A. When, the policeman came up I took the watch out of the prisoner's hand.
(The prisoner received a good character.)
GUILTY .* Aged 23.— Confined Six Months.
EMMA ALICE ATKINS . I am the wife of Henry Atkins. I was going up Holborn on 5th May, between 8 and 9 o'clock in the evening—I had a purse and parcel in my hand—my purse was round my forefinger—the prisoner snatched it from my hand and ran away—I had 2s. 10d. in it—I saw the prisoner directly, and followed him—I did not lose sight of him—I was close behind him all the time—this is my purse (produced).
Prisoner. Q. Did you see me take it? A. Yes, and followed you—I was in Holborn, nearly opposite Hatton-garden.
HANNAH STONE . I am the wife of John Stone, a carpenter. I was with Mrs. Atkins—I did not see the purse taken, but I heard her call—I turned and saw the prisoner running first, and she was following quite close after him.
THOMAS NICHOLSON (City policeman. 215). On Saturday evening I was standing at the corner of Hatton-garden, between 8 and 9 o'clock—I saw the prisoner running, and Mrs. Atkins after him—I ran and caught him, opposite the spot where the other officer found the purse—the prisoner said he had not got the purse—Mrs. Atkins came up and gave him in charge.
Prisoner's Defence. I never had the purse in my hand, and never saw it.
GUILTY . Aged 39.— Confined Six Months.
OLD COURT.—Wednesday, May 9th. 1855.
PRESENT—The Right Hon. the LORD MAYOR; Mr. JUSTICE CRESSWELL Sir ROBERT WALTER CARDEN, Knt Ald; Mr. Ald. KENNEDY; and RUSSELL GURNEY, ESQ.
Before Mr. Justice Cresswell and the Third Jury.
MR. PARRY conducted the Prosecution, and MR. SLEIGH the Defence.
EVANS— GUILTY . Aged 19.
TURNEY— GUILTY . Aged 19.
Six Years' Penal Servitude.
MR. ORRIDGE conducted the Prosecution.
FRANCIS EVANS . I live at No. 144, Drury-lane. On Sunday night, 1st April, I saw the deceased, Joseph William Hart, about half past 11 o'clock—he came into the room where I was sitting—I know a woman named Ransom—she came to the door—she did not come into the room—Hart staid in the room some time, and ultimately went up stairs to his own room—I afterwards heard the cries of "Murder!"—I proceeded up stairs, and finding there was no light I returned a portion of the way down the stairs, and called out for a light—while I was on the stairs the prisoner came down the stairs—I asked him what he had done, and what he had struck the man with—he said he had struck him with his boot—I caught hold of him by the collar, and we went down stairs, I walking rather behind him—he then showed what Hart had done to him—he had his nose bleeding—Hart then came down, and addressing Watkins, the landlord of the house, he said, "George, look what the villain has done"—he had then got an incision in his forehead, over the left eye, about three inches or three and a half inches long—it was a wound, and was bleeding very much—the prisoner was given into custody—I afterwards went into his room, and saw marks of blood on the floor—I found the top of a chair, which the policeman has.
Cross-examined by MR. PARRY. Q. Do you know anything of the origin of the quarrel? A. I heard Hart say that he had a bad opinion of Mrs. Dean—I know nothing of his having struck the prisoner three or four times—the prisoner was not undressed when he came down stairs—I cannot say what the cause of quarrel was—Hart appeared a little excited; he was rather tipsy, but nothing materially the matter with him—he was excited by drink, nothing else.
GEORGE WATKINS . I live at No. 144, Drury-lane. On Sunday evening, 1st April, Hart came into my parlour, and staid there about half an hour—he then went up stairs to his own room—about three minutes afterwards I heard the cries of "Murder! George, come up; I am being murdered"—I proceeded to the parlour door, and before I could open it Mr. Evans was partly up stairs—I saw the prisoner come down, with his nose bleeding—Evans came down for a light—before he could get the light Hart came down, and said to me, "George, see what the villain has done"—I said, "What is to be done with him?"—he said, "Lock him up"—I then fetched an officer—Hart had a large wound over his left eye—Dean said that Hart
had hit him on the nose—I went to Bow-street with Hart, and then to King's College Hospital, and then I took him back home.
ELIZABETH RANSOM . I live at No. 144, Drury-lane. I first saw Hart on the night in question, about a quarter past 10 o'clock, in Mr. Watkins's shop—about 12 o'clock he came up to my room, and asked me to get him a light—I said I had no light, and had not the means of getting one—he said, "I will have a light," and told me to go to my b——fellow and get one—I said I would not do so—he said, "I will bring the fellow in front of your face"—he brought the prisoner to the door—the prisoner went back instantly—I was undressed—I followed them, and saw Hart strike Dean several times, making use of a bad word—Dean said, "Hart, do you mean it? do you mean it?" and with that they fought, not many moments—I returned back to my room, and put on some garments—they were then fighting—I saw the prisoner strike him with something; it was not the back of a chair—he had too good a light in the room for me not to see—it was something much smaller than the back of a chair—there was a very good fire in the room, so that I could see plainly—Hart then came out on the landing, and called to Mr. Watkins, "George, bring a light; here is a b—game"—no cries of murder were uttered at all—Hart stopped till the light was brought up—he then went down stairs—the prisoner had partly got down, and he was given in charge.
Cross-examined. Q. You did not see the actual blow struck? A. I could not swear to it, but he received a blow as I went into the room—Hart was very much excited under the influence of drink; he appeared angry and excited against the prisoner at the moment, but there was never any previous quarrel, and then they did not quarrel, they came momentarily to words and blows—Hart struck the prisoner with fearful violence, and even knocked him down under the fireplace the first blow he gave him—Hart was a very much bigger and taller man than the prisoner; a very much more powerful man; he had not his boots on—before Hart struck the blows, he said that the prisoner had been having an improper intimacy with me, making use of a very filthy word; the prisoner said, "You are wrong."
JOHN MILLS MITCHELL (police-inspector, F) I was at the station when the prisoner was brought there, and took the charge against him—he was bleeding from the nose—Hart came to the station, and charged him with violently assaulting him—I told the prisoner the charge, and he replied, "Yes, I struck him with my boot; he came into my room, struck me two or three times, and pulled me about, and I struck him back in return, in self defence"—I took his boot from his foot immediately, but could find no marks of blood upon it.
Cross-examined. Q. You are quite sure of that? A. Quite—he had walked about 200 yards or rather more before he came to the station.
JOHN LAMSDEN CROKETT . I was house surgeon at King's College hospital on Monday morning, 2nd April, when the deceased was brought there about 1 o'clock—he had a lacerated wound over the left eye, about three inches in length, and he was in a confused, excited state—I dressed the wound, and I saw him two or three times during the week; the wound at first got on well—on the Saturday morning I saw that he had erysipelas, and I immediately admitted him into the hospital—the erysipelas got worse, and he died on the following Friday, the 13th—the cause of death was the erysipelas produced by the wound.
Cross-examined. Q. How long did he linger? A. He came on the 2nd, was admitted on the 7th, and died on the 13th—I attribute the erysipelas
to the blow—I cannot say whether he was a drinking man—he was confused and excited, perhaps that arose from the injury—there was nothing else from which I could judge whether or no he was a man of intemperate habits.
NOT GUILTY .
MR. PARRY conducted the Prosecution.
JOHN MAHON . I am a sergeant in the City Militia—the prisoner was one of our men—he gave himself up to me as a deserter the night previous to this occurrence. On 10th April, I was at the Castle public house in the City-road, kept by Mr. Hill—there had previously been a fight between two of our men, but we did not know it—one of them had a cut under his eye as big as a 2s.-piece—it was in the tap room—the deceased, Joseph Towers, came in to serve beer, and when he saw the man that was cut, who was an Irishman, he said, "That is the way of you Irish lads, when you see your own blood you begin to cry; you should not do that; cheer up, it will be all right by-and-by"—it was said in a good-tempered manner; not in an insulting manner—the room was full, and there were plenty of Irishmen there—the prisoner said, "What did the old b——say?" and he followed Towers out—I remained in the room—the prisoner returned in about three minutes—I said to him, "You did not strike the old man, Bill. I hope;" he made no answer—I said, "Because he is an old man, and old men will have their ways; if he comes in again do not say anything to him, and don't strike him"—the prisoner said, "I won't, sergeant," and I believe he said sideways, as he turned his head, "By Christ, it is done already"—I afterwards went out to dinner—I saw a quantity of blood on the pavement outside the side door in Castle-street, and some in the road—I did not see the deceased—the prisoner was sober—I was present when he was taken into custody by the police on the Saturday following, at our head quarters, in the City road—he wanted to know what he was taken for; I said, "It is for the old man, Bill"—he said he knew nothing of it.
Cross-examined by MR. O'BRIEN. Q. Were you taking him that day with others to be attested? A. With no one else—he had been with me from half-past 11 or twenty minutes to 12 o'clock—he was a prisoner under my charge in the guard room—we ordered a pot of beer when we went into the Castle, but it was not drank till after this occurrence took place—there were a number of men there—the parade had just been dismissed from the artillery ground—I thought the old man made the remark in a very good-tempered way; the after words made up for the first—I did not hear him make use of the word "howling"—the prisoner left the house with me afterwards, and he went one way, and I the other—I had had a pint of ale before 12 o'clock at the Paul's Head, when I took the prisoner to be reattested—I do not know what he had there.
JOHN SEALEY . I am a smith, and live at No. 11, Wellington-square, Gray's Inn-road. On Tuesday, 10th April, I was in the tap room of the Castle—I saw Towers there, and an he was leaving the room he turned round and said, "I detest the Irish"—he made that remark to the company—I do not suppose he made it to any one individual—the prisoner was there sitting down—upon hearing that said, he got up deliberately and said, "What does the old man say about Irish?" and he followed Towers out of doors—he returned in a minute or two and said, "I gave him one"—about
a quarter of an hour afterwards, I saw Towers come into the Castle, bleeding from a wound that he had received somewhere about the eye.
Cross-examined. Q. How long had you been in the public house before Towers went out?A. I should say about three hours—he was called out by his master—I saw him go out of the taproom—I do not know whether he went out of the house—I did not notice who was at the bar at the time.
WILLIAM BARRETT . I am a cabinet maker of No. 10, Joseph-place, Bagnigge Wells. On Tuesday, 10th April, I was walking up Castle-street, and saw Towers crossing the road—I saw the prisoner follow him, and strike him two blows under the left eye with his right fist—nothing was said before the blows were struck—they were heavy blows—Towers fell on his right side—he bled a great deal from above his right temple—the prisoner walked into the house again when he had done it—Towers got up—he bled from the blow the prisoner gave him, and also from the blow of the stone that he fell upon—he went to a surgeon's—I spoke to a policeman—I saw Towers again in about a half or three quarters of an hour—he was then strapped up, and being led by two militia men.
Cross-examined. Q. Had you known the prisoner before? A. No—he was not in the militia dress when he did this—this occurred on Tuesday—I saw the prisoner again on the Monday following, at Worship-street, in custody.
ROBERT COLE (police inspector, G). I apprehended the prisoner on Saturday, 14th April—I told him he must consider himself in my custody—he said, "For what?"—I said, "For assaulting a man in the City-road"—he said, "Is that all you have got against me?"—I said, "Yes"—he said, "Then I will be b——d if I will go—I attempted to take him, and he resisted violently, and called to his companions and said, "Will you see me taken for striking a saucy old man?"—he at last went quietly.
Cross-examined. Q. Did not he offer to go quietly if you would not put the handcuffs upon him?A. Yes—I did handcuff him—we both fell in the struggle—ropes were brought and his legs were tied, and. then he said, "When I see my own comrades turn against me I will walk with you."
JOHN SEWARD (policeman, G 67). I had charge of the prisoner at the station—while he was in the cell he asked me if the man was living or dead—I told him he was alive—he said, "Thank God for it! for it would have been such a disgrace if the man had died"—he said, "I was in the Castle public house on Tuesday, at 1 o'clock, when one of the militia men received a blow under the eye; old Joe. the potman, said it was like the Irish to howl; old Joe went out; I followed him after he got a abort distance from the house, and pushed him down."
FREDERICK JOWERS . I am one of the house surgeons of St. Bartholomew's—I know Mr. Edward Morris, he is a surgeon there—he is now suffering from a severe attack of inflammatory sore throat, and is not able to come here.
Cross-examined. Q. Was the prisoner there all the time the surgeon was being examined?A. Yes, and the deposition was read over to him in the prisoner's hearing—(The deposition of Mr. Edward Morris was read as follows: "I am house surgeon at St. Bartholomew's Hospital On the the afternoon of 10th May, a man named Joseph Towers was brought to the hospital, I think, bleeding from his head—I examined his head, and found
a scalp wound on the right side of his head, just above the temple—I dressed the wound, and he went away—I did not consider it a dangerous wound then—I believe he came again on the following day, and had his head dressed—I do not remember noticing him particularly, but on the following Friday morning I found him in the surgery, and I caused him to be taken into the hospital—I found that erysipelas had supervened on the scalp, surrounding the wound, and extending down the face—he was put to bed, and went on tolerably well till the Saturday evening, when he became worse, and died on the following Tuesday—he was slightly delirious on that afternoon, became worse on Sunday, and did not regain his reason afterwards—I have since made a post mortem examination—I opened the skull, but found no fracture, nor any injury on the brain—I attribute his death to the erysipelas following the wound on his head—he was not a healthy subject, and was a man apparently in years—I am of opinion that he died from exhaustion, caused by the erysipelas following the wound on his head."
THOMAS HILL . I am landlord of the Castle public house. The deceased was in my service for thirteen years—I should have fancied he was about fifty-two years of age—during the time he was with me he appeared to be a thoroughly healthy man—I knew him for twenty-six years, and never knew him to have one hour's illness.
GUILTY. Aged 28.—Recommended to mercy by the Jury on account of the provocation he received. — Confined Four Months.
NEW COURT.—Wednesday, May 9th. 1855.
PRESENT—Mr. Ald. FAREBROTHER; Sir CHAPMAN MARSHALL, Knt., Ald.; and Mr. RECORDER.
Before Mr. Recorder and the Fifth Jury.
MR. HORRY conducted the Prosecution.
CHARLES MILLAN . I am in the service of Mr. Broom, a farmer, at Hampton. On 27th March, about 6 o'clock in the evening, I put two of his horses under a shed in his meadow—one was a dark bay horse, with a long tail reaching near to the ground—it was three years old—it had a long mane, and it had a mark in the side where it had been rubbed with the shaft—the next morning, about 5 o'clock, I missed that horse—I went round the meadow, and could not find it—I went and told my master—I then went and tracked the horse along the lane up to the Swan Inn, at Hanworth, which is a distance of a mile and a half, or from that to two miles—I traced it along by the hedge in the grass in the lane, till I got opposite Mr. Sibley's—when I got to the end of the lane, I traced it along the high-road—the horse had been rough shod—the ground was hard on the gravel road—it was not hard from frost—there was not any snow—I saw the horse again on 5th April, in Mr. Western's stable, at the Duke of Clarence—it had been altered—his tail had been polled and his mane had been polled, and he was trimmed up about the head—his tail was shortened about one half—I did not notice anything else which had been done to it—I recognized the horse.
Cross-examin ed by MR. ROBINSON. Q. Did the horse recognize you?A.
No—horses sometimes are rubbed by the shaft—I began to make the track about 8 or 9 o'clock in the morning—when I arrived at Hanworth it was a little after 9—there had been a little shower in the evening of the 27th.
EMMA JANE SIBLEY . I am the wife of Richard Sibley, a farmer, at Hampton. On 27th March, about half past 8 o'clock in the evening, I was going from Hampton to Sunbury with Henry Gostan—as I was going I saw William Lord on a horse—it was a dark coloured horse, with a long tail—he was coming down Hanworth village towards Sunbury, in a direction from Mr. Broom's—I noticed the horse's tail was tied in two knots—the horse wanted to go in the direction of Mr. Hatch's farm, and William Lord drew the halter, and drew the horse the other way, and one of the knots of his tail dropped loose—I distinctly noticed it was a very long tail—I saw it by moonlight—the prisoner Foster passed me about a quarter of a mile afterwards—he was coming in a direction from Hanworth, walking in the road leading to Sunbury-common.
Cross-examined Q. Had you ever seen Foster before? A. Yes, and William Lord also—I was at the bottom of Hanworth—I was standing still then—I was going towards Sunbury—Gostan turned back for a bottle—I looked back, and saw William Lord—he passed me, and I saw him again—when he pulled the horse by the halter I was standing noticing the horse—it was bright moonlight—I was on the right hand side of the road going from Hanworth to Sunbury—there was a cottage on the side that I was standing, and a blacksmith's shop at the corner.
HENRY GOSTAN . I am a labourer. On the evening of 27th March I left home with Mrs. Sibley, from half past 8 to 9 o'clock—I got about 100 yards from home, and I had forgot to take a bottle—I was running back, and heard a horse come trotting behind me—William Lord was on it—I got on about 100 yards further, and he passed me—the horse was a dark bay, and when he passed me his tail was tied in one knot—I cannot say how many knots there had been—I did not know the horse at the time.
COURT. Q. Do you know the turning to Mr. Hatch's form? A. Yes—the horse had not come to that turning—I was about 100 yards from it—I saw it before I caught up to Mr. Sibley—I did not see Foster.
JOHN SLY (policeman, V 201). I was on duty on Sunbury-common on 27th March—about half past 10 o'clock I saw William Lord and Foster, going in a direction to Lord's house, on Sunbury-common, leading from Sunbury-common to South all—William Lord was leading a bay horse—about half past 11 o'clock I was on duty near Fulham-church, and I saw Foster with two horses and a cart—one was in the shafts, drawing the cart, and the other was tied behind—the one in the shafts was a dark bay, or brown, and had a longer tail—the one behind was a bay horse, and had a short tail—Foster was sitting in the cart.
Cross-examined. Q. When you saw Foster with the two horses, William Lord was not there? A. I did not see him then—when I saw him about half past 10, Foster was with him—I believe the horse I saw William Lord leading was his own horse—it had a short tail—I was within three or four yards of him—he spoke to me first, and I spoke to him, and bid him good night—I know him perfectly well.
WILLIAM NORTHOVER (policeman, T 238). On Wednesday, 28th March, I was on duty in Hounslow about 2 o'clock—I saw William Lord pass me, and there was another man with a smock frock with him, resembling Foster—William Lord was walking in the footpath, and the man with the smock frock, who resembled Foster, was walking by the side of a horse and cart,
and there was a second horse tied behind, which was brown or bay, with a long tail—I have seen a horse since, but I could not swear it was the one I saw that night.
JOHN HENRY WILLIAMS . I am a marine store dealer. On 29th March, I saw Foster at the Jolly Gardeners public house, on the road to Isleworth—I bought an old crippled roan mare of him, and he said he had got into a scrape—I asked him what scrape it was, and he said, "For collaring Broom's colt"—I asked him what he knew about it, and he said he knew all about it—he said he dare say it was all right, for Lord's brother had got it, up Paddington way—I gave information of what I had heard to Mr. Broom.
Cross-examined Q. Did you buy a horse of Foster? A. I bought a roan mare—I cannot exactly say on what day—it fell down the next day, and I could not get it up—I sent for the knacker—I never was in any trouble myself—I had three months from the Magistrate for my wife buying an umbrella, and I took it on myself to save my wife—I did not pay Foster all—I paid him a sovereign and half a crown, and I advanced his wife 8s. since—I lost 15s. by it.
SAMUEL STRANGE . I am ostler at the Coach and Horses, at Hounslow. On Wednesday, 28th March, about 2 o'clock in the morning, I saw William Lord and Foster—they had got two horses—one was in a cart, and one tied behind—I did not take notice of the horses—I supplied them with corn, and Foster paid me—the horses were dark coloured, but I could not swear to them again—they remained about three quarters of an hour—the corn was given to the horses in the manger that was in the street—when they left, Foster brought one horse and tied it behind, and they went away in a direction towards London—they had come from Hounslow way—I know William Lord and Foster—I did not notice the horses—it was a very dark morning.
CHARLES CHURCHILL (police-sergeant, V 29). On Wednesday morning, 4th April, I went with Mr. Broom to South all market—we were searching for a horse that had been stolen from him—we then went to Bayswater, and received some information, and went to a stable at Notting-hill—we were some time before we could get an entrance—I looked through a keyhole, and saw a woman on the premises—she would not open the door—I told Mr. Broom to get in at the window, which he did—we found the horse there, which Mr. Broom identified as his property.
WILLIAM BROOM . I went on the morning of the 28th March to look for my horse—I tracked it over the hedge, along the green lane, about half past 10 o'clock in the morning—it had been rough shod—I traced it to Feltham-hill, about two miles and a half—William Lord's house is on Feltham-common—there is one road turns to the right, to go to Feltham, the other turns to the left to his house—I tracked the horse to the turning that leads to his house, and then it came on to snow very fast, and I could not trace it any further—from information, I went with the officer in search of the horse to South all market, and afterwards to Notting-hill—we got entrance into a stable, and saw the horse—it was very low in condition, and had been singed all over his head and body—his tail was pulled very short, and his mane pulled—I am satisfied the horse was mine.
MARY ANN MARRIOTT . I keep a school; I am the owner of a stable at Lindon-grove, Notting-hill—I let the stable some time, before Christmas to Joseph Lord, for 26l. a year—it was not a livery stable, a private stable for his own use—that was the stable that has been spoken of by the officer.
Foster's Defence. It is all spite against me that made Williams say that; I let him have a horse for 16l.; he did not let me have the money; he returned the horse; he has had a spite against me ever since.
NOT GUILTY .
552. HENRY ESQULENT, ALFRED KING , and JOHN GRIMES , stealing 8 shirts, 14 napkins, and other articles, value 4l.; the goods of Henry Waterer: and WILLIAM CADDICK and MARY ANN RYAN , feloniously receiving the same: Esqulent and Grimes haying been before convicted: to which
ESQULENT PLEADED GUILTY . Aged 20.— Four Years' Penal Servitude.
KING PLEADED GUILTY . Aged 21.—(See page 66.)
GRIMES PLEADED GUILTY . Aged 18.— Four Years' Penal Servitude.
MR. CLARKSON conducted the Prosecution.
ELIZA BURGESS . I am housemaid at Mr. Harvey Coombe's town house. I am in the habit of sending weekly the linen to his house at Cobham-park, to be washed—it was sent in a box, which was locked, of which there are two keys, one at Cobham, and one in town—I sent a box, containing the property stated; and on Good Friday I was expecting to receive from Cobham the goods which had been sent the previous week—they never came to me—in that box there were fourteen napkins—they were not all of one number—we had a napkin marked "T. H. C. 48"—I never recovered any portion of the linen which had been sent the previous week, and which should have come that day.
CAROLINE SMITH . I am laundress in the service of Mr. Harvey Coombe, at his house in Cobham-park. I delivered to the carrier, Waterer, on Thursday, 5th April, a box to be sent to the town house on Friday morning—I kept a copy of the things I sent in that box—this is it—I put the things into the box myself—amongst them there were fourteen table napkins—one of them I have seen since—this is the list of the articles, which is a copy of the book that was to go up with the box—this napkin marked "T. H. C. 48" is one that I sent—there were other napkins of this mark amongst the fourteen that were sent up that Thursday afternoon—I believe this to have been one of them.
Cross-examined by MR. LILLEY. Q. What does "48" meant? A. The number that they had in use—there were fourteen napkins sent, and five of them were No. 48.
HENRY WATERER . I am a carrier from Cobham to London. I am in the habit of receiving Mr. Coombe's box, to bring up one week, and take down the next week—on Thursday, 5th April, I received a box at Mr. Coombe's house at Cobham-park—I got to the Saracen's Head-yard, with the box safe, about 10 minutes before 6 o'clock on Friday morning—I had occasion to go to Newgate-market—I left my van in the Saracen's Head-yard—I was gone about ten minutes or a quarter of an hour—I do not know where Mr. Coombe's box was when I returned—I did not miss it till about half past 7 o'clock—I immediately gave information.
MORRIS KELLEHER . I am a shoe black. On Good Friday last I was at the Church in Skinner-street, between 6 and 7 o'clock in the morning—I saw Esqulent, King, and Grimes—Esqulent was near the gate of the Saracen's Head-yard, and Grimes was opposite—King was a little below the gate—I saw Hill come out of the yard, and when he came out Esqulent went down the yard—he had nothing on his shoulder when he went down
the yard—he did not remain long, and he came out with a box on his shoulder—he, and King, and Grimes went down Skinner-street, towards Holborn.
WILLIAM HILL . I am a wheelwright and smith—I was at the Saracen's Head Inn yard last Good Friday morning, about half-past 4 o'clock; I came out about 6 o'clock—I saw Kelleber; he spoke to me—I met Esqulent going into the yard, Grimes stood right opposite, and King stood on the right.
WILLIAM SMITH (City policeman. 244). In consequence of information, I went on Good Friday morning, between 11 and 12 o'clock, to No. 3, Holborn-buildings—I knocked at the door; it was opened by Esqulent; I knew him before—I said to him, "What, are you lodging here now?" he said, "Yes, I am"—I said, "How long have you been back here again?"—he said, "I have been back here about two or three nights"—I saw King and Grimes in the back room on the ground floor in that house—I went up stairs and saw Caddick lying on the bed—I believe it was in the first floor—all I could find was these four persons—between that and the following Sunday, Caddick had been taken into custody—I saw him on Sunday, 8th April, in the cell, at Smithfield station—I had some conversation with him—I did not say anything to induce him to tell me by way of promise, or use any threat; none whatever—after he had related to me about some other matters, he said, "You know the box of linen you was looking after on Good Friday morning, was stolen from the Saracen's Head yard?" I said, "Yes"—lie said, "Well, that was also stolen by Pickford, Apples. and Singer"—Pickford is King, Apples is Esqulent, and Singer is Grimes—I knew them by those nicknames, and those were the names he used—he said, "That box was stolen by those three men, and they brought it to No. 3, Holborn-buildings, where I lodge; they then took the things out of the box, and the box was taken down stairs into the cellar, and there destroyed, and the linen was sold to a woman they call Poll; she lives in Peter-street., Cow-cross; if you go down from here to Peter-street, it is the first court on the right when you get into Peter-street, and the first door on the left; she lives on the first floor; the linen fetched us 1l. 1s."—I asked him if he saw the woman; he said, "Yes, when she bought the linen"—he then said, "She sent her little brother for it; it was tied up in a sheet when he took it away from No. 3, Holborn-buildings"—I was present at the search of Ryan's lodgings on the Sunday, the day I saw my brother officer, Moss, find this napkin—Ryan was apprehended on Friday, 13th—I was down stairs near the cell at Guildhall, where she was on that day—Esqulent, King, and Grimes, were placed in a cell leading towards the yard, and the other cell door comes towards it—the persons can see each other when they get to the cell doors—I heard Ryan say to them (all the prisoners were in custody, but Caddick was in a separate cell, I do not know whether he heard what she said, the other three men were in one cell), "Tell all one tale; I shall have a solicitor, and I shall be sure to get off"—I saw her close to the gateway when she said it; this was after the examination—I was present at the examination, and Caddick made a statement while they were undergoing the examination, and when King was taken down in the cell he said, "What a rogue he must be, to turn round on me like this"—they were examined again on the 18th, and I heard Ryan say in the cell to Esqulent, King, and Grimes, "Caddick is going to say that he was in bed at the time I bought the linen."
Cross-examined. Q. On what day do you say Ryan was taken? A. On
Friday, 13th—Caddick was taken into custody on the Saturday; the napkin was found on the Sunday; the other three prisoners were taken on the Monday—I did not put down the words that were used by Ryan, but I instantly communicated them to the solicitor—I was down close by the cell at the time Ryan was speaking—that part is light; it is where the prisoners are—they have an opportunity of looking through the doors—I did not stand in a position where I could be seen—there were one or two more females in the cell in which Ryan was; there might hare been more—no names were mentioned in the course of these observations the first time—on the second occasion, Ryan spoke about what Caddick was going to saw—she said, "Caddick is going to say that he was in bed at the time I bought the linen."
Q. Are you sure that it was not, "He was in bed, and he did not see me?" A. No, I think not—it might be; I will not be positive—I believe the words were, "He is going to say he was in bed, and did not see me."
JOHN MOSS (City policeman. 225). I remember Caddick being in custody on Sunday, 8th April—I had charge of the prisoners, and it was my duty to visit them—some conversation took place between me and Caddick—I had not said anything to him by way of inducement to him to make that statement, or used any threat—after referring to other matters he said, "There was a box of linen stolen from a waggon in the Saracen's Head-yard, on Good Friday morning, that was taken to No. 3, Holborn-buildings; it was unpacked and sold to a girl they call Poll Ryan; she fives in Peter-street, at the corner of the first court on the right; the first door on the left"—he said, "She bought the linen"—I went the same Sunday afternoon with Smith to the house—I saw Ryan in the room—I said to her, I have some reason to believe that you have some linen that has been Stolen"—I told her I was a policeman, but she has known me a long time—she said, "I know nothing about it; you can search my place"—on searching, I found this napkin in one of the drawers of a chest of drawers—I examined it, and found it to bear the initials of those that had been stolen—I said, "This is one that has been stolen, where did you get it from?" she said, "I bought it on Good Friday morning, in Petticoat-lane"—I said, "What time?" she said, "At 3 o'clock in the afternoon"—I took the napkin, but I did not take her into custody then—she informed me she had only been confined a fortnight, and I thought it more desirable to let her remain—I knew I could find her at any time—I went on the Friday, and told her I must take her into custody for having that napkin.
Caddick. The officer came to me on Sunday in the cell, and asked if I knew anything about that box of tea; I said, "Yes, I have heard about it," and he asked me if I knew about the box of linen, and I told him. Witness. He inquired of me. for Smith, and told me what he wanted him for—he told me he had made a statement to Smith, and he told me what he had told him—he began with stating about the tea—he said, "I am locked up here for stealing a chest"—I did not ask you whether you knew anything about the tea—I asked you no question—I asked you some questions about the tea after you told me—it was through what you said that we found the tea—I did not come to the cell and say that if you made a statement, it might get you off with less time; no, nothing of the kind—you said that you wished to speak the truth—I said I would represent the case to the Magistrate at Guildhall, and if he liked to let you be evidence, you might; there was no promise made.
COURT. Q. You promised that you would state it to the Magistrate?.
A. Yes, that was after he made the statement; when I came back, after we found the tea and the napkin, I said, "Well, I will represent the case to the Magistrate."
Caddick. Q. Did you not say, "Don't mention to the Magistrate that I came in to speak to you?" A. Certainly not such a word.
Caddick to WILLIAM SMITH. Q. Did you not call me hack and say, "Did you not say that you saw Ryan buy the linen?" A. No, I did not—you made a voluntary statement, which I took down in writing, without any promise whatever—you said, "They fetched us 1l. 1s."—you said that you were in bed, and I said I found you in bed.
Cross-examined. Q. Did you call on Ryan on the evening of the 12th? A. No, I met her in West-street—I did not tell her I should want her the next day—she was in company with another young woman—she said, "Do you know if Moss has found out anything about the towel?" I said, "I don't know"—she said, "I should like to see him to know"—I said, "He is at the station, I believe; if you will wait, I will go and tell him"—I went, but he was not there.
COURT. Q. You said, "Caddick said, 'It fetched us 1l. 1s.'?" A. I wrote it down at the time; I have it here—I made this in his presence, and read it over to him in the presence of another constable (looking at the statement)—I was mistaken, the words were, "It was sold for 1l. 1s."
Cross-examined. Q. Can you tell how many there are having the same initials? A. There were forty-eight in the first place—there were two dozen of the same pattern—this "Forty-eight" means there were four dozen of new ones at the same time, and the "T" means they were for the town use.
Caddick. I said that the things came into my place; I heard they were sold for 1l. 1s.; I was in bed all the morning; the master of the lodging-house was there, Mr. Stafford.
CADDICK— NOT GUILTY .
RYAN.— GUILTY .†—Aged 24.— Confined Six Months.
THIRD COURT.—Wednesday, May 9th. 1855.
PRESENT—Sir JAMES DUKE, Bart., M. P., Ald.; Mr. Ald. HUNTER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
PLEADED GUILTY . Aged 16.— Confined Four Months.
(The prisoner being a foreigner, the evidence was explained to him by an interpreter.)
ANN BASSETT . I am an unfortunate girl. On 28th March, between 11 and 12 o'clock at night, I saw the prisoner with a girl, in a room at No. 11, Farmer's-folly, where I live—I was alone in another room—I heard a noise, and went out of my room to see what the noise was—the prisoner
was making a bother in the house with the female, quarrelling—I was then in the passage, outside the room—I shut the door on the inside—the prisoner forced it open, came after me, pulled me outside the door by my dress, and took a knife out of his pocket—he then threw his jacket, which was on his arm, over my head, and stabbed through my clothes into my thigh with the knife which was in his right hand—I had not said or done anything to him, I only shut the door—he was not drunk—I was taken to the London Hospital.
RICHARD ROBINSON . I am the landlord of No. 10, Farmer's-folly. On 28th March, between 11 and 12 o'clock at night, the prisoner came there with a young female—he made a great bother inside—he had not been in three or four minutes when he went to strike the female—I said that he should not do so, and he pulled off his jacket to strike me—I went to put him away, and he struck me with his left hand—the last witness came out of her room in No. 10 (which I rent as well, and three females live there)—she was just at the door as I put him from me—he had his coat on his arm outside the street door—she said, "Go away from the door"—he threw his jacket over her head, and struck her with a knife on the thigh—that was in the street, ten or twelve yards from the street door—he then ran, and a young seafaring man, who is not here, ran after him—he was quite sober—the prosecutrix was taken to the hospital.
FRANCIS MEAD . I am house surgeon at the London Hospital Early on the morning of March 29th, the prosecutrix was brought there with a punctured wound on the upper part of the left thigh—it was a dangerous wound, about an inch and a half deep and an inch broad—it was on the front of the thigh, a little external to the medium line—it healed very kindly indeed, but she must feel the effects of it for some time, some of the nerves being injured—she was about a month in the hospital.
Prisoner's Defence. I do not recollect anything of what passed; I have no recollection of having done so.
GUILTY of unlawfully wounding. Aged 33.— Confined Six Months.
MR. METCALFE conducted the Prosecution.
JOHN PYER . I am chief clerk at the Thames police court. On Saturday, 5th May, the prisoner charged Nathan Harris, before Mr. Ingham, with stealing a pair of trowsers, and 15l. 10s.—Harris was in custody—the prisoner was sworn in my presence, and I took down his statement as follows:—("I came home in the Del Ryader, and am living in the Sailor's Home—I went yesterday to Green's borne for wages—I had 15l. 10s. in my pocket; fifteen sovereigns and 10s. silver—I brought it from Rio Janeiro—I had been serving three years in a man of war—I had a pair of trowsers and a waistcoat of the elder Harris, coming to 2l. 17s.—I had money of him also—I received 6l. 3s. at Green's home—I paid a man named Pike 4l. 6s.—after that Harris took me to a tailor's shop in the Highway, into a back room, and locked the door—Harris and two others were present, and began hammering me about—they had the gun produced—the prisoner took the gun in his hand, and threatened me with it—they then took off my waistcoat and trowsers, and gave me an old pair of trowsers—there was 15l. 10s. in my waistcoat pocket—I told Harris and
the others that they had taken 15l. 10s. of my money—they said if I did not be off out of the shop they would send for a policeman—I went and got a constable—I demanded my money—I had told them I had 15l. 10s. in my pocket when they took my waistcoat off—I had two glasses of gin when I received the money—I was sober—I felt the money safe on my road to Harris's place." Cross-examined. "I was paid in Brazilian money—I got it changed in Rio—I used to wear it in a belt—I received 1s. of Mr. Harris; he gave it to me to pay my fare to Green's home—I received 6l. 3s. at Green's—I put it in the other waistcoat pocket—I received 3s. of Mr. Pike—he gave it to me to make my bill even—after receiving the money at Green's, I paid Mr. Pike 4l. 6s.—I then went to the prisoner's—I gave a woman 1l. 17s.—I had 2s. or 3s. of Green's money left—the prisoner locked the door, and put the key in his pocket—I broke the window, and sang out, 'Police!' and they let me out—the prisoner asked me to pay him his money—I said I had not bargained with him, but it was with the old man—I had borrowed 19s. of Mr. Harris, 1s. at a time—I did not say, when asked to pay the bill, 'I have only 2s. or 3s., you may search me'—I did not state to the prisoner that I had been robbed of a 5l. note—I had upwards of 300 mille reys when paid off in Brazil—I paid 1s. in the pound for having the money exchanged—I spent about 40 mille reys in clothes, and others in sprees—I cannot say how much—the money was in a handkerchief, worn as a belt—I borrowed 1s. of the prisoner—I do not recollect whether I borrowed 1s. of anybody else—I owe 20s. at the Sailors' Home, due to day, 14s. for board and 6s. for cart hire in bringing my things—Captain Pearce told me to give the prisoner into custody—the 1l. 17s. was given to a woman with whom I slept two nights—I then had the 15l. 10s. in a handkerchief round my waist—I slept with another woman, and borrowed 10s. of Mr. Harris to pay her.")
NATHAN HARRIS . I carry on business with my father, Solomon Harris, at No. 195, St. George-street, St. George's, as outfitters—we keep a good many men—last Saturday week the prisoner purchased a pair of trowsers for 25s. and a waistcoat for 12s. 6d.—he was to pay for them when he was paid off at Green's home, in three or four days—that is one of the usual places to pay sailors—before the day on which he was to be paid off, we lent him sums of 1s. and 2s. at a time, amounting to 19s.—I gave him a bill of the 19s. and the price of the clothes—I saw him before he went to Green's home to receive his money, and he said, "I have not got any money," and he borrowed 1s. to pay his expenses down, it being at Blackwall, and about three miles off by railway—I saw him down to Green's home, but did not get my money—I was present, and saw him pay some money to a girl, and to Mr. Pike—I afterwards went with him to our shop, into the back room—I asked him to pay for my clothes—he said that he had no money—then he said he had 5l. in Wells-street Sailors' Home—I did not believe him, and persuaded him to pull off the trowsers and waistcoat—he said first that he would, then he said that he would not—I asked him whether he had any money—he said that he had none about him, and said, "You can search me, but I have 5l. at Wells-street Sailors' Home"—I then called the foreman, and saw him put his hands down him—he threw his arms up, and said, "You can search me if you like"—I persuaded him to pull off the trowsers, supplied him with an old pair of canvass ones, and then went out to attend to my horse in the street—when I came back the trowsers were off and the other ones were on—the waistcoat was on the table—I saw that taken off, but not the trowsers—I heard no money when the waistcoat was
put on the table—the prisoner then began to get into a passion, and put his band through the window—he opened the door and went out—he had not been gone two minutes before he returned with policeman 191 H, and demanded his clothes—I told the policeman he owed me money, and that he had pulled his clothes off—the policeman said that he could do nothing, but referred the matter to a Magistrate, and went away—the waistcoat was lying on the table in the presence of the prisoner and the policeman, but not one word was said about money—he did not say, "If you will not give me my clothes, give me my money"—I went to our establishment in Wells-street, and my brother told me that Captain Pearce wanted to see me—I went and saw Captain Pearce, the cashier, and the prisoner, who said that I had robbed him of 15l. 10s.—I said that I had not, and explained that he had only received 6l. 10s.—I wanted to send for a respectable tradesman, who knew the whole of the circumstances, but Captain Pearce said that he would do no such thing, and I was taken to the station, and locked up all night—the prisoner said to the policeman at the station that the 15l. was in foreign money, that he brought it from Rio Janeiro in dollars, and got it exchanged in London last Tuesday, yesterday week—there is no truth in the assertion that I robbed him of any money—I was in custody twelve hours; being a felony they would not take bail at the station house—the waistcoat remained on the table.
Prisoner. You tore my coat, and pulled the clothes off me. Witness. I did not—I drove you in a cart to my house—I did not get a musket to you.
MR. METCALFE. Q. Was there a solicitor employed for the prisoner before the Magistrate? A. Yes; and the Magistrate immediately dismissed the case.
MARS BYRNE . I am foreman to Mr. Harris. I was not present when the trowsers were bought—I was there when Mr. Harris came with the prisoner to the shop—young Mr. Harris called me into the back parlour, and said, "I will have my money"—the prisoner said, "What is the amount of the bill?"—he said, "2l. 17s."—I got reasoning with the prisoner, and said that he had no business to take goods of trades people if he was not in a position to pay for them—he said that if I went with him to the Sailors' Home, in Wells-street, he would make me an order for the money—Mr. Harris said, "It is of no use, for he has spent his money that he received"—I said, "If you will give me what money you have with you, I will give you a receipt, and will come to the Sailors' Home for the difference"—he took 3s. 1d. from his trowsers pocket, and put it on the table—I said, "You have got more money than that"—he said, "I have not got a cent more"—I persevered, and said that he had more money—he extended his arms, and said, "You may search me"—I felt his pockets outside, and felt no money—if he had had anything like 15l. and 10s. in silver I should have felt it, or even if there had been 1s. only—I am quite positive that there was no money in his waistcoat pockets; there was nothing there, and he himself said so previously—after I had searched him I reasoned with him, and suggested the propriety of leaving the waistcoat and trowsers until he went to the Sailors' Home and fetched the money—after a little more reasoning he agreed, and I went into the shop to fetch him some trowsers—Mr. Harris's cousin, who was there, told me to bring him the worst pair that I could find, and I brought him an old pair of soiled canvass trowsers, the others being tweed—he sat on a chair, took the trowsers down, and I helped him to draw them over his boots—he took off
the waistcoat in my presence, and placed it on the table—he then became quite savage, went out, and in two or three minutes returned with a policeman—I was not asked for any money, nor was anything said about money—the waistcoat remained lying there after the policeman was gone till the second policeman came—I was in and out of the parlour—only Mr. Harris's cousin and I were in the room from the time the waistcoat was laid on the table till the policeman took it—there is a way of getting into the back parlour besides through the shop, but the side door was locked, and I had the keys—I can say positively that there was no money in the waist-coat—I did not take the money, but if it had been there I should have taken Mr. Harris's bill out of it.
HYMAN WOOLFE . I am a cousin of Mr. Harris, and assist him—I was present in the back parlour, and saw the trowsers and waistcoat taken off—the prisoner took the waistcoat off himself, and lodged it on the parlour table—I saw Byrne feel down the waistcoat before he took it off—he said, "You can search me," and then Byrne felt him down—after the prisoner went out we went out, but I remained in sight of the place till the policeman came, and no person went there—I did not steal the 15l. 10s.—I never was near the prisoner, nor did I hear him say a word about 15l. 10s., nor did he say anything about it to the policeman—I have seen him borrow money, 1s. and 2s. at a time.
JOHN HUESTON (policeman, H 191). On 4th May, about half-past 2 o'clock, the prisoner came and said he had had his trowsers and waistcoat taken off, and could not get them back—he took me to Mr. Harris's shop—I saw young Mr. Harris, and the foreman, and Mr. Woolfe—I went into the back parlour, and the prisoner stated that he had had his trowsers taken off, and he became very much excited—Mr. Harris told me that the prisoner owed him for the trowsers and waistcoat, and he was very reluctant to give them up—I referred him to a Magistrate—not a word was said in the street or in the house about 15l. 10s., or any money being in the waistcoat—he never preferred any charge to me—if he had said that Mr. Harris had stolen 15l. 10s., I must have taken him into custody then.
JAMES CHAPMAN (policeman, H 38). I was present at the station when the charge was booked against Mr. Harris, on the prosecution of the present prisoner—when questioned by the inspector, the prisoner said that he had lost 15l. 10s., and a pair of trowsers, and a waistcoat—the inspector asked him in what coin it was; he said, "Eighteen dollars"—the inspector said that eighteen dollars would not make that; that would only make 3l. 12s.—then he questioned him again, and he said some other coin, but I did not exactly understand that—he also said that on Tuesday he had got it changed in London—when Mr. Harris was in custody, and before the charge was entered, I went to his house for the waistcoat, about 4 or half-past 4 o'clock, and found it lying on the table in the back parlour, and the trowsers on the back of a chair—there was nothing in the pockets.
Prisoners Defence. I was taken to this man's house on Friday afternoon, after being paid off; I had 15l. 10s. in my pocket; the two men took me in a car down the highway; they took me into a shop in the highway, and asked me to have something to drink, and they went and locked me into this room, got a musket, knocked me down, without giving me time to speak a word, and took the waistcoat and trowsers off; I made a bolt through the window, and said to some persons, "Go, and get a policeman;" I met a policeman, but I did not know anything about giving anybody in charge; I was in such a way about being beaten, that I could hardly speak;
I went to Captain Pearce, and told him, and he told me to give the man in charge; I went before a Magistrate next day, and he fetched somebody to swear against me; I could not get any witnesses to speak for me, everybody spoke against me; the man was discharged, and I was given in charge; I think it is very hard for me to lose my money; I thought when I came to England, that I should be better off than I was in my own country.
JURY to NATHAN HARRIS. Q. Was the gun presented at the prisoner? A. No, it was not touched; it was only an old Russian musket, brought over by a sailor as a trophy.
GUILTY. Aged 28.—(Strongly recommended to mercy by the Jury, on account of the violence used in taking the clothes off him.)— Confined Twelve Months.
LOUIS GAUTRET (through an interpreter). I lodge in Wellelose-square. On Saturday morning, 5th May, I was taken by a constable to the house of Mary Ward—I saw my trunk there—the last time I had seen it was in a small cart, being conveyed from the ship to the lodging house, on the Thursday evening before—I saw it put into the cart, but did not follow it—the trunk contained two pairs of boots, two pairs of flannel drawers, some woollen socks, three shirts, and other wearing apparel—I saw the shirts again on Saturday morning, at Mrs. Ward's—I met the prisoner in the street on Saturday morning, and asked him if he had seen my box, and he said, "No."
Prisoner. Q. Did you follow the cart to Mrs. Ward's house? A. I followed, but could not keep up with it, because they drove so fast, and when I came up to the cart, I asked if my box was in the cart, and they said, "No, it was left in Wellclose-square"—I have lost out of the box a pair of socks, a pair of woollen stockings, quite new, and a bottle of blacking.
MARY WARD . I am the wife of James Ward, and keep a lodging house for seamen. On Thursday night, May 3rd, the prisoner and three other men with a cart of luggage, came to my house just before 9 o'clock—the prisoner hired a lodging for himself and three more men—the luggage was taken into the kitchen; it was a bed, three chests, and two bags—one chest belonged to one of the other men, and there was one which the prisoner said was his—he was going to break it open that evening, and I asked him why he was going to do so; he said, "Because I want a clean shirt"—I lent him a hammer and a poker to break it open, but his shipmate said, "Harry, do not break it open now, let us go and get the key"—the carter said that if they did not pay him, he would get them into trouble—he said, "It is not your own chest, I will get you into trouble; if you do me, I will do you"—shortly after I told him not to break it open, they both went out of the house, the prisoner saying that he was gone for the key—he did not come back till next morning between 9 and 10 o'clock, when he asked me for a hammer, and went and got the poker, and broke it open—he gave me three shirts to wash, which I gave to the constable—he took a pair of boots out and said, "You shall have some more things to wash another day," and he took some more things out, and put them in again in my presence—my husband reported it at the police office; a constable came, and I showed the chest to him, and gave him the shirts—I did not see the prosecutor till the Friday morning; he then saw the chest, and owned the shirts.
Prisoner. Q. Who was there besides yourself, when I broke the chest open? A. Your shipmate—a young man named Jackson did not break it open; he persuaded You not to do it—he did not say, "I claim that chest as mine"—I believe Jackson and James Travers are on board ship.
WILLIAM CHARLES POTTER (policeman, K 212). I was called to Mr. Ward's house, and then went and found the prosecutor in Wellclose-square—I took him and showed him the trunk; he said as well as he could speak that it was his trunk—these three shirts were given to me by the landlady—I took the prisoner on Sunday morning, and told him that he was charged with stealing a chest from a Frenchman—he said that he knew nothing about the chest; that he had no chest—I said, "The chest has been broken open;" he said, "I broke the chest open, but there was another man in the house as bad as myself."
GUILTY . Aged 29.— Confined Four Months.
WILLIAM BOON . On 6th May, about 12 o'clock in the day, I was in Harrow-alley, Houndsditch, and saw the prisoner in front of me with his left arm in front of my breast—I felt a sudden pull at my waistcoat pocket, looked down, and saw my watch guard underneath his left arm, it still remaining round my neck—the end of the guard dropped from his hand, and my watch was gone—I took him by the collar; several other persons tried to free my hold to get him away; they tried to wrench my hand away, and then they unbuttoned his jacket and waistcoat, and tried to draw them over his head, but I got his head underneath my arm, and held him till an officer came—I never saw my watch again.
Prisoner. Q. Which hand did you see the chain come from? A. Your left hand—my watch was in my left pocket—I do not know how you could have done it—I have not said that it was in your right hand—there were many people there; we were as thick as we could well be.
HENRY WARDLE (City policeman. 6). I was sent by a gentleman to the spot, and found the last witness, the prisoner, and a crowd of thirty or forty thieves—I knew a portion of them—they were endeavouring to hustle the prisoner away from the last witness, but he gave him in charge for stealing his watch—I took him—he had no coat, waistcoat, or hat—there was a cry of "Rescue," and they tried to rescue him from me—I had great difficulty in getting him to the station—I found 5d. a duplicate, and a small memorandum on him.
GUILTY .† Aged 18.— Four Years' Penal Servitude.
OLD COURT.—Thursday, May 10th, 1855.
PRESENT—Mr. Justice CRESSWELL; Sir ROBERT WALTER GARDEN, Knt., Ald.; Mr. Ald KENNEDY; and RUSSELL GURNEY, Esq.
Before Mr. Justice Cresswell and the Fourth Jury.
558. WILLIAM MELROSE , stealing, whilst employed in the Postoffice, a post letter, containing a silver instrument; the property of Her Majesty's Postmaster General: also. stealing two other letters, containing money: to which he
PLEADED GUILTY . Aged 22.— Transported for Fourteen Years.
559. WILLIAM FLOWER GUPPY , stealing, whilst employed in the Post-office, a post letter, containing a half guinea, a sixpence, and 6 stamps; the property of Her Majesty's Postmaster General: to which he
PLEADED GUILTY . Aged 27.— Transported for Fourteen Years. (Frederick Clayton, a custom-house officer, deposed to the prisoners good character.)
560. FREDERICK THOMAS RICHARDS , feloniously accusing Robert Bendall of having attempted to commit an infamous crime, with intent to extort money from him.—Other COUNTS, for threatening to accuse, and for demanding money, with menaces.
MR. BODKIN conducted the Prosecution.
ROBERT BENDALL . I am an assistant, in the employment of Messrs. Swan and Edgar, the silk mercers, of Piccadilly; I have been in their employment about ten years; I reside in the house. On 24th April I supped with the rest of the establishment, at my employer's house—I went out after supper, at about a quarter to 10 o'clock—I had been employed in the house the whole day—I had written a letter in the evening, which I went out to post—according to the rules of the house we are obliged to be in at 11 o'clock—I proceeded up Piccadilly, and posted my letter at De Castro's, the grocer's, nearly opposite St. James's-street—I then strolled on to Hydepark; it was a fine night—I went in at the Hyde-park Corner gate, adjoining Apsley House, and walked across the open part of the park towards Bayswater—I then turned round; I had then got about three parts across the park—I turned in the direction of Stanhope Gate—when I was about 400 yards from the gate the prisoner accosted me, by asking the way to the Duke of Wellington's statue—I directed him—I pointed, and told him that was the way—he left me soon after that, and a tall gentleman passed down the broad walk towards the Marble Arch, and the prisoner put the name question to him, and followed him a little way, and then turned round, came up to me again, and asked was I sure that was the way—I told him it was—he followed me on still, and he said it was much warmer—I said, yes, it was—he then came near me, and pushed up against me, and said the trees were budding out—I said, yes, they were—he still kept near me, and when we had gone some distance, twenty or thirty yards farther on, he asked me if I had any money—I made him no answer, and further on he asked me if I would give him something to drink—I made him no answer to that—we were then, perhaps, twenty yards from the sailing which separates the path from the rest of the park, and about forty yards from the outside railings of the park and the gate—when we got to the gate it was closed; the park keeper was there and opened it—on the oath I have taken nothing had taken place between the prisoner and myself down to the time of my leaving the park by that gate—when the gate was opened we both went out—about the middle of the road the prisoner seized my collar, and said he would serve me out—I pushed him from me, and he let go of my collar—he followed me across the road, and I said, "I will soon settle this; a policeman will be up;" or, "with a policeman"—I am not sure which were the words—I waited at the corner of Stanhope-street for about ten minutes, no policeman came, and I said, "I am going towards Piccadilly, no
doubt we shall meet one"—we had gone about twenty or thirty yards when we met a policeman, and as soon as the prisoner saw the policeman he again seized my collar—I then said to the policeman, "I wish this case investigated," and the prisoner at once said, "I give this man in charge"—the policeman asked him for why, and he said it was something private, he would explain it—the policeman said he could not take me in charge unless he gave the reason, and the prisoner then stated that I had taken him round the waist and kissed him, and took hold of his person, and tried to put my hand in his breeches—we then went on to the station house, and he made a similar statement there—I attempted to speak several times—I said it was false, and began to explain it to the inspector, and he wished me not to say anything—he said he could not hear what I had to say, or I had better not say anything—he said he must detain me—I said, "Not on the word of a man like that"—he said, "Why a man in his habiliments, if he makes a charge like that, I am bound to detain you"—he said I must be locked up, and detained for the night—I wished him to send for my employer, Mr. Hope, of No. 45, Regent-street; that is his private house—I gave my own name and address, Robert Bendall, 51, Regent-street—I was detained at the station house that night, and taken before the Magistrate the following morning—the prisoner did not appear, and I was discharged—I heard Inspector Webb give him directions at the station house, overnight, as to where he was to come on the following day—it was given in writing—the prisoner was dressed in livery—I had never seen him before.
Cross-examined by MR. PARRY. Q. You are quite sure of that, are you? A. Yes—I am thirty-one years of age—I am not married—I do not often walk in the Park—I am quite sure of that—I have walked in the Park before, not at night, only about twice, I think—I had perhaps been in the Park as late as that, or about 10 o'clock, by myself, not more than that—I read the newspapers occasionally.
Q. Have you ever heard or read that at Hyde-park of a night sometimes persons have been doing things of a very filthy description? A. It is that part of the paper I seldom read, or never, I may say—I have heard of it; I cannot say in Hyde-park—I have heard of those practices—I cannot give you a case—I have read of such things before 24th April—I cannot say that going to Bayswater is the most unfrequented part of the Park at 10 o'clock at night—I do not know that it is—there is an outlet at Bayswater—I know that, because I have been to Bayswater, and know the place—I had never been the same walk before—I had walked across along the walk from Hyde-park Corner to the Marble Arch, and that direction—that is a different way—I should think that was four or five years ago—I recollect walking in that direction four or five years ago—it was about twenty minutes to 10 o'clock—I recollect that also—when I say twenty minutes, I speak as near to the time as I think I am justified in doing—I did not make a memorandum of it—I cannot state when the other time was that I walked in Hyde-park—I should not like to say—it may be seven or eight years ago—I do not recollect the time, nor the time of night—I know it was in the evening—I do not regularly walk in the Park after business hours—I had no object in going there, except merely to take the air—I had been there perhaps seven or eight minutes before I met the prisoner, the time it would take me to go from the Duke of Wellington across in that direction—I went in at Hyde-park Corner, went up as far as the Statue, and then branched off to Bayswater, across the open part—there is not a regular footpath there—there were a great
many persons in the Park—I cannot say that I met any one—I was always in sight of persons—the prisoner was in livery—he gave his name at the station house as Frederick Thomas Richards, 52, Eaton-square, residing with a gentleman's family there—he rubbed up against me in the Park, indecently—I did not knock him down, because I should not like to take the law in my own hands in that way—if he had gone further, perhaps I should—no, I should not; I should have endeavoured to find a policeman, certainly—I cannot tell you what I should do under the circumstances—this sort of thing was never done to me before—he walked with me afterwards, just the time, till we got to the gate, which would take three or four minutes, I should say—I was then returning towards Stanhope-gate—I did not talk to him—I passed the gate keeper—I did not make any charge to him—I mentioned at the police station about his having asked me for money—I made several attempts to speak, and I know that I said he asked me for money there, and, I believe I said, something to drink—I will net swear that I ever said anything about his asking me for money until after I was discharged by the Magistrate—yes, I did; to Mr. Wontner, my solicitor—I do not recollect that I did to any body else—I could not swear that I did, or that I did not—I saw Mr. Wontner at the police court in the morning.
MR. BODKIN. Q. Have you boarded in the house of Swan and Edgar ever since you have been there? A. Yes—six months in the year we have supper at 8, and the other six months at 9 o'clock; the 9 o'clock supper begins in May—the former occasions when I was in the park were after supper—by the prisoner's rubbing against me, I mean that he walked by the side of me, and rubbed himself up against me as we were walking along—that is what I call indecently rubbing against me—he did not attempt to take any liberty with my person.
WILLIAM ROWNING (policeman, C 66). On 24th April I was in Park-lane, near Stanhope-gate, about half past 10 o'clock—I saw the prisoner and prosecutor there, the prisoner, with his hand, having hold of Mr. Bendall's collar—Mr. Bendall spoke first—he said, "This man wants to give me in charge"—I asked what for—the prisoner at the same time said that he had a reason for it—I asked what was his reason—he said he had a reason for it—I told him I must have an explanation before I took him into custody—he then commenced telling me that he was coming across the park from towards Oxford-street, and he was accosted by Mr. Bendall, stating that it was a very fine night, and how beautiful the trees were budding out; that he still went on across the park, when Mr. Bendall kept very close by the side of him, with his hand and arm rather under his coat; that after walking some little distance, he (the prisoner) thought he had missed his way, and he asked the prosecutor if he was in the right direction for the Duke of Wellington's statue; he told him that he was, and he walked a little farther, thinking he might be in the wrong direction, and met with some other man; he asked him the same question, and he told him he was in the right direction for the Duke of Wellington's statue; that he proceeded on a little farther, thinking he was mistaken, and he made a stop, when the prosecutor put his arms round his waist and attempted to kiss him, and at the same time he made a grab at his trowsers, trying to force his hand inside; that he could not succeed in so doing, and he grasped hold of his privates, and gave them a grip—I told him that it was not a case I could decide on in the street; I could not settle the affair in the street; I must take it before the inspector—Mr. Bendall said, "That is right; we will have an explanation before the inspector"—I then took them before the inspector.
Cross-examined. Q. You know Hyde-park? A. Perfectly well—there are a great many paths coming from Bayswater towards Stanhope-gate—a man might easily miss his way, even if he was well acquainted with the Park, at that time of night.
COURT. Q. What sort of path is it from Oxford-street down to Hydepark Corner? A. There is a very wide roadway, and a path, about three yards across, straight down—there are several paths from Bayswater crossing in different ways—from Oxford-street there is a carriage road, with a path at the side—I do not think there is a path at each side—I have never done duty in the Park—there is a broad path going straight down from the Marble Arch to the Duke of Wellington's statue, independent of the carriage road.
MR. PARRY. Q. Did the prisoner say where he had been? A. He did not, at the time I took the charge; he did afterwards, at the office, next day; he said he had been to see his wife, at Somers-place—he did not say the number—I have not been there to make any inquiry.
COURT. Q. Then did he come to the office next day? A. No—I mean when he was brought there in custody—when the charge was made against him he said he had been to see his wife—it was not said before the Magistrate, but at the time the depositions were taken.
CHARLES WEBB (police inspector, C). The prosecutor and prisoner came to the station house on 24th April, about a quarter to 11 o'clock at night, accompanied by Rowning—the charge was made by Richards against Bendall for indecently assaulting him in Hyde-park—I asked the prisoner to explain how the assault was committed—he said that he was returning across the Park to No. 52, Eaton-square—I asked him where he had been, what brought him in the Park—he said he had been to see his wife, I understood him, at No. 2, Somers-place, Bayswater; that he was returning to Eaton-square when he met Bendall, and being after night, and not knowing the Park, he inquired his road to the Duke of Wellington's statue; that Bendall walked by his side some distance, and remarked that it was a fine night, that the trees were budding; that he walked by his side, and continued shouldering him, so much so that he was afraid of him; that as he was about to leave the Park, Bendall threw his arms round his waist, kissed him, and tried to force one hand into his trowsers, which he resisted, and that he then caught hold of his person, outside of his trowsers—I said, "Are you certain that he attempted to force his hand into your trowsers, and that he took hold of your person outside your trowsers?"—he said, "I am"—I said, "Will you give him in charge; do you insist on charging him?"—he said, "I do"—I said, "Will you attend the police court in the morning?"—he said, "I will"—Mr. Bendall continued to interrupt, and said the charge was false—I entered the charge in the usual way (producing the charge sheet)—the prisoner signed it—I explained to him that he would have to attend the police court at 10 o'clock in the morning—he appeared to hesitate, and was confused—I was then under the impression that he had been drinking—he was about to leave the station, and I said, "Wait, to avoid any mistake, I will put it on a piece of paper for you"—I wrote on a piece of paper the date and the hour that he should attend—Bendall again continued to interrupt, and said that Richards asked him for something to drink, and he thought it was only to come to the police station, and the matter would be investigated, and he should be allowed to go—the prisoner denied having asked him for anything to drink—I told Bendall that he would be detained—he said, "Surely I can explain the matter; you won't
detain me here all night," and asked me to send to Regent-street, to his employers, which I did—I told him that the matter would be investigated in the morning, and if the servant had done wrong, he would be punished—he was detained and taken to the police court in the morning, and kept in custody until a quarter to 12 o'clock.
Q. Before we go to the next day, did Bendall wish to make a statement? A. He said that Richards had asked him for something to drink—I told him that he had better reserve what he had to say; I must detain him on the charge that was made—he said, "Very well"—he was quite sober, but excited—10 o'clock was the hour appointed—I wrote on a piece of paper as distinctly as I could, "Be at Great Marlborough-street police court, at 10 o'clock to-morrow morning, Wednesday the 26th"—we waited until a quarter to 12 o'clock; the prisoner did not appear, and Bendall was discharged—Mr. Wontner was then in attendance on behalf of Bendall—about a quarter to 3 o'clock that afternoon, I went to Eaton-square—I found the prisoner standing at the steps of No, 52, Eaton-square; a carriage was waiting at the door, and he was apparently in readiness to go away with the carriage—I was in private clothes—I asked him if he knew me—he said, "No; I don't remember you, but I know that fellow," looking at Bendall who was with me—I said, "You did not attend the police court this morning"—he said, "I know I did not"—I said, "This party, Bendall, now prefers a charge against you for having endeavoured to extort money from him last night, by your accusing him of having committed an indecent assault upon you"—he asked me to walk inside, and to be allowed to speak to his master—I went in, and when before his master, he said the reason he did not attend the police court was, because it would have either interfered with his master's business, or with his business: I will not be certain which; and he was anxious to avoid bringing his master's name in question—I then brought him away—he was in livery—I allowed him first to change his dress—on the way to the station he appeared anxious to have conversation with Bendall, which I prevented; he continued addressing himself to Bendall—when in Grosvenor-place he said he thought Bendall would have been satisfied with being locked up all night; that there the matter would have ended, and that he (Bendall) might have thought himself lucky to have got off so easily—I cannot say what it was he said to Bendall, he wished to have some conversation, but I kept one on my left, and the other on the right, and would not allow it; he kept muttering to himself—whenever I found he was about to speak I prevented it, I would not allow any conversation.
Cross-examined. Q. Did he mention where his wife lived, at the station, on the night when he made the charge? A. Yes; I understood him No. 2—I did not go or send there—I have made inquiries, and was satisfied that his wife lived at No. 12—I would not say for a certainty that he said No. 2, or 12; but I understood him to say 2—I was under the impression that he had been drinking, but not until he appeared confused; at first I was not—he made his statement to me in the most positive and direct manner, without any hesitation, and I was very particular with him—I would not say positively that he was in liquor, I was under that impression from his face being red, and altogether.
COURT. Q. I think you said, that the appearance of confusion was when you were telling him that he was to come next morning? A. Yes.
MR. PARRY. Q. Besides saying next day, that he did not wish his master's name to be brought in question, did he tell you that he had spoken to
the butler, and that the butler had advised him not to have anything more to do with it; that the man would be discharged, and he would hear nothing more about it? A. I believe he did say something with reference to the butler, but I prevented him, and I also prevented Bendall when he came in—I did not want them to get into an argument, in case something should ooze out—he did say something about the butler, it might have been what you suggest; I do not exactly recollect what it was, I cannot carry it in my mind—if any conversation took place, it must have been when he was changing his clothes in the pantry—I should think it was said with reference to his not appearing at the police court, but I could not say with certainty.
MR. BODKIN. Q. Did you see the butler there? A. I did—I dare say I was twenty minutes in the house, from the time he was speaking to his master, and going down to change his clothes; and at that time Bendall was sitting in the hall.
JAMES SKINNER . I am gate-keeper, at Stanhope-gate, Hyde-park. I was on duty on the night of 24th April—the gate is closed at 10 o'clock—we do not let any in after that, we allow persons to leave, up to half past 10 o'clock—I open the gate for them—I remember two persons leaving the park by that gate on the night in question, from 10 minutes to a quarter after 10 o'clock—I opened the gate for them to go out—one of them was in livery—I should not have recognised Mr. Bendall as one of the persons if he had not come to me—neither of them spoke to me as they went out—after they had gone through the gate, I saw the servant lay his hand upon the gentleman's shoulder, and walk on the opposite side of the road; there was a carriage passing at the time—it was in the centre of the road that he first put his hand upon him—they were nearer to the park than the carriage was—when the carriage passed, they went on the opposite side of Park-lane—I saw them there for five or ten minutes, and then lost sight of them.
MARY FLANAGAN . I am in the service of Mrs. Blagrove, of Shalford, near Guildford, in Surrey. I am acquainted with Mr. Bendall, the prosecutor—I have known him for nearly twenty years—I received this letter (looking at it) from him by post, on 25th April last, it came by the afternoon post.
JOSIAH MEAD . I am in the service of Messrs. Swan and Edgar. I remember the night of 24th April—Mr. Bengall supped with us that night—he left the supper table about 20 minutes to 10 o'clock, and went out about a quarter to 10—I observed that he had a letter in his hand; I lent him a postage stamp.
PERCIVAL PE CASTRO . My father keeps the receiving house, No. 65, Piccadilly, I attend to the business; it is next door to the White Horse Cellar, immediately opposite St. James's-street. This letter does not bear the Piccadilly stamp; we tie up the letters in bundles of fifty, and only stamp the outside one—the postman collects the letters at night, from 10 to 10 minutes past 10 o'clock—that is the last collection; the collection previous to that is at half past 5 o'clock—a letter posted then would be received in the country in the morning, but if posted at 10, it would be received the next afternoon.
MR. PARRY submitted that there was no case to go to the Jury, there being no evidence of any direct threat to accuse, or any demand of money, within the meaning of the statute. MR. JUSTICE CRESSWELL, (after referring to Reg. v. Middleditch, and Q. v. Robson), was of the same opinion, and directed a verdict of
NOT GUILTY .
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
HENRY NORRIS SMITH . I am the son of Mr. Smith, the prosecutor, a chemist and druggist, No. 69, Coleman-street; it is his house. On 21st April, my father was not in town; he had been away from home about a month—I left the house about half-past 8 o'clock that evening; the shop was then shut up—I had been in the parlour; the front room, first floor—there was no fire in the grate when I left that room, nor any candle burning; the room is lighted by two jets of gas—before leaving the room, I screwed them down very low, but still alight—after putting on my coat and hat, I called up stairs for the servant, and receiving no answer, I rang the parlour bell; I got no answer, and again called up the stairs loudly, and getting no answer, I again rang the bell very loudly; I got no reply—I then proceeded to walk up stairs, to see why it was I got no answer—when I got to the second floor, I heard footsteps above, which I supposed to be the footstep of the prisoner—I did not see her—I called her by name, and she replied, "Yes, Sir"—I informed her that I was going to the railway, and to tell my father so if he called in my absence—there were three children in the house at the time I left it; two nieces of mine and a nephew—their names were, Alexander, about seven years of age, Ellen, about five, and Elizabeth, about two; their surname is Lapsley—I did not return until after 10 o'clock—when I left, there were no clothes scattered about the front room—there was a large chest of drawers, between the two windows in front; some of the things in those drawers belonged to me—in one drawer my father kept a number of his keys, and one of them was the key of his bed room—there was a chest on the right hand side of the door, on entering the room opposite one of the windows; it was an unusually large chest, two feet deep, and, perhaps, nearly five feet long, and two feet broad—on the Monday, I made, with my father, an examination of a bundle of linen that was produced; they were muslins and other kinds of goods; some shawl borders—partly wearing apparel, and partly what may be termed goods—some portion of them I noticed had candle grease upon them; a few drops such as would be made by the droppings from a candle—one portion seemed very like the remains of a candle; the bottom of a candle, with a portion of a wick in it—the clothes were stained; I could not form an opinion what with—we did not keep chemicals in that room—there was the remains of a burnt newspaper lying flat on the floor—I noticed the floor in front of the chest, when the bundle was removed; it was burnt in two or three different places.
COURT. Q. What do you mean by burnt? A. The wood was burnt, I should say, to the depth of about an inch—the prisoner had been in my father's employment about four months—no one was left in the house except the prisoner and the children, when I went out—the men had gone from the shop—I have brought a small portion of the burnt newspaper with me (producing it)—it was two or three pieces thick, lying as if it had been folded.
day after the General Fast—before I left, I locked up every place that had lock and key, in my bed room, and deposited the keys in a little drawer in my secretaire there—I then locked my bed room, and locked the key of my bed room in the upper drawer of a chest of drawers, standing in my sitting room—I locked that drawer, and put the key of it into the pocket of my portmanteau, where it still remains—the chest was full—it contained a great many pairs of blankets, from a dozen to twenty; more than one, and fewer than the other—sheets in proportion, a great number; I do not know how many—it was a very large chest—there were pillow slips, bolster slips in proportion; a very great number—counterpanes of a variety of kinds—a variety of damask table cloths and napkins, and all connected with bed and table, household linen of all kinds—the chest was full; it was locked, and the key was locked in my bed room with the other keys—I returned home on Saturday, 21st April—I think the train arrived at Euston-square precisely at half-past 8 o'clock, and I took a cab. and came direct to my house; it was, as near as possible, 9 o'clock, when the cab stopped at the door—after getting out the luggage, and paying the cabman. I rang the bell; I rang it again, and rang three or four times; no answer was made—I then asked the next door neighbour, Mrs. Davis, to receive my luggage, and I went to a coffee house, and had a cup of coffee—I went back again between twenty minutes and half an hour, and I scarcely knew my own premises—I found a policeman at the door, who refused me admittance—he said there had been a fire in the house, and until I was identified, I was not admitted—when I was admitted, I went up stairs to the sitting room, on the first floor; I found a crowd of persons surrounding a parcel, which was lying on the floor, and which showed evidence of burning; it had been extinguished—my look at them was but slight at first; I examined them fully afterwards—I saw sufficient to show that they came from lock fast places, from my own drawers; it was my property which had been taken from lock fast places—I immediately inquired for my servant; I was told that she was next door—I ultimately found her coming back again to my house, just by the door; I pushed her in, and told the policeman not to let her escape—I told her to go up stairs with me into the sitting room, and pointing to the bundle on the floor, I desired her to explain it; she professed inability to explain it—I said she must explain it, as she knew well those things were out of the place, and I must have an explanation of how they came to be there; she still professed inability to explain it—the bundle was close to the chest—in the course of the evening, the inspector and I went over the house, and examined it—at the back of the drawers near the wall, we found a fracture—when the drawers were pulled away, the boards at the back were found to be loose; they were in such a state as would enable a person to take put the property that was in them—I saw some things found in the prisoner's bed room, in different places—the policeman brought from under the bed a sort of basket, containing a considerable portion of plate, consisting of silver sugar tongs, butter knives, fish slice, and so on; some German silver, but a number of them massive silver articles—I had left those things locked in one of my drawers, in my bed room—I should say I have lost altogether upwards of 100l. worth of property; a portion of it will be recoverable, but a large portion of it was consumed—the chest which I had left full, I found quite—after one of the examinations before the police, the prisoner sent for me—I went to her, and she professed to make an explanation, but told thing that we did not know before—she told me that she had pawned all the goods, which were at Grant's and Russell's.
Prisoner. Young Mr. Smith had one key that opened the drawer that the key of the bed room was in, for he had some friends in his father's absence, and the bed-room door was open on the Sunday week after he went away. Witness. I was expected home that evening or the following morning—my son did not meet me at the station; he missed me.
HENRY NORRIS SMITH re-examined. I had my fathers bed-room door open one Sunday—it was not that Sunday; she may have mistaken the Sunday—some of the drawers in the chest belonged to me, and the same key opened all the drawers, and I therefore had access to the drawer in which my father's bed-room key was—I had his door open one Sunday—I think I locked it the same night, but I would not swear to that—I did lock it afterwards, and put the key back in the same place—I did not remove anything out of my father's bed room.
MARY DAVIS . I am the wife of Mr. Davis, of No. 71, Coleman-street, next door to the prosecutor—there is only a gateway between the two houses. On Saturday night, 21st April, Mr. Smith came to my house, and left his luggage there—between ten minutes and a quarter of an hour afterwards, the prisoner opened the shop door, merely put her head in, and asked if I had heard any one at their door; I said, "Yes, Mr. Smith has come home from the country"—she asked if I could tell her where he was gone to—she was speaking in great confusion—I said I could not, but he had left his luggage at our house—I did not go and see where she went to—I sat down for a little time longer in my room—the prisoner had no bonnet on when she came to me—in about ten minutes, or quarter of an hour at the outside, I heard the ring of the bell and a cry of "Fire"—I jumped up, and ran out into the street, and saw the policeman ringing Mr. Smith's bell—I saw a great light in the first-floor window, and smoke coming out of the second floor—I said something to the policeman, and he broke open the door, as I wished him.
EDMUND GREEN (City policeman. 163). I was on duty in Basinghall-street on the night of 21st April, about half-past 9 o'clock, and observed a great light in the first floor of Mr. Smith's house, and a very great density of smoke coming from the second floor window—I gave the alarm by calling "Fire," ringing the bell, and knocking at the door, but I received no answer—in consequence of something that was said to me, I broke open the door, for the purpose of saving the children—I went up stain to the first floor—I saw a fire on the first floor, in the right hand corner (locking at a model)—this is a correct model of the house—the door was open—there was a bundle of things, apparently all on fire—the fire was blazing up about two or three feet, burning very fiercely, and I was not able to get up stairs at first on account of the density of smoke—I came down again, and sent up a brother officer, Stephens, and he got the children away; he is not here—I saw water taken to the fire, but did not see it applied—about five minutes after the children were taken away, the prisoner came into the house wringing her hands and calling out, "Oh, dear"—she seemed to be very much affected; she did not ask me what was the matter—I was at the street door when I saw her—I allowed her in, and she went up stairs—Mr. Smith came about five or ten minutes afterwards—the prisoner came down stairs to go out; I would not allow her; Mr. Smith gave me orders not to do so.
GEORGE LEGG . I am one of the London fire brigade, at Watling-street I was called to this fire about half-past 9 o'clock, and it would take us nearly five minutes to go with the engine by hand to Coleman-street—I found the door open, and went up stairs—I found some things had been on
fire in the front room, first floor—I heard some one say there were children in the house, and I met a policeman coming down with three—I went into the upper room where the children were brought from; the room was empty—the prisoner came while I was there—she said, "Oh, my God, where are the children? "I said, "They are all right; they have been taken away"—at that time there was no fire in the grate of that room—I went down stairs to the first floor where the fire was—when we first west into the room, the things that had been on fire appeared like the contents of a drawer that had been shot out, and when we came to look, we found they had been placed on a wrapper, or something on the floor—it appeared like a piece of glazed calico—while we were turning the things over, Mr. Smith came in—a policeman came up stairs and said there were sparks coming from the top of the house—I went to the top of the house, and I think Mr. Smith followed me—I found the prisoner in the top room; I did not see any one else—I saw a fire in the grate, and went into the back bed room, fetched a jug of water, and put it out—there were things burning in the grate, and on the hearthstone; they were remnants of socks and stockings, and I took off the fire two sets of false teeth, and a silver butter knife—the prisoner said they were some old rags, and she was going to light a fire—I took off the remains of a pair of stockings, dipped them in the water, and saw the letters E. F. S.—these are them—Mr. Smith said, "Now she is burning my property," and he advised Mr. Foulger to take her into custody.
COURT. Q. Were there any coals in the grate? A. Cinders—there had been a fire, but the things that were on fire were on the top of the cinders—there was no preparation for lighting a fresh fire—I noticed the state of the floor below; it was burnt in two places; the fire had not burnt through the whole of the bundle, but it had burnt on each side of it—the floor had only been charred by the action of the fire, from the things that were upon it.
JOHN FOULGER (City police sergeant. 89). I went to Mr. Smith's house on the evening of 21st April—I went to the first floor front room—I found a large quantity of, apparently, wearing apparel and other articles, that had been burnt, in one corner—I have some of the things here—this is a portion of them, saturated with something—this is a piece of printed muslin, and this is apparently a portion of a table cloth—I have here a piece of the wood of the floor, which was cut out in my presence (producing it)—I went up stairs, and was present with the last witness when the things were found on the fire—this silver butter knife was taken off the fire by the fireman, in my presence—there were also two sets of false teeth; I believe they are set in gold—I asked the prisoner what those things were burning—she said it was a few old rags; she wanted a fire, and they were a few old rags that she had got to make one—I asked her if she could account for the clothes that had been burnt below; she said, "No, she knew nothing about them"—I asked her how many persons were in the house, and J ascertained that she was the only person left in—I asked her where she had been; she at first said she had been to several places, but could not tell where—I questioned her again on that point, and she said she had been out for some coals—I then asked her where she had been to at the time she came in to Mrs. Davis's; she said, "After going for the coals, I came back, and found I had forgotten to get some grocery, and that was where I was at the time the fire happened"—I asked her what she did with the grocery when she brought it back; she said she put it in the kitchen, on the shelf where the plate stood—I examined the kitchen carefully, but could not find any
grocery—I told her she must consider herself in custody upon suspicion of setting fire to her master's house—she said she knew nothing about the fire—I asked her if she could give any account of articles found in her possession at the station, which Mr. Smith said were his—that was at the station the same night, after being charged—she said, "They are my own"—they were a handkerchief, a piece of Berlin wool work, and a purse, containing money—after I had taken her to the station I returned to the house—I went into the room on the first floor, and examined a chest of drawers there—I found that the back of the drawers had been forced out by some instrument, and on examining the drawers I found in it the point of a steel, such as is used for sharpening knives, and it exactly fits the marks on the wood which was broken off the drawers—in the kitchen I found this steel (produced), without a point—the point exactly fits this steel, and was evidently a part of it.
EDWARD MITCHELL (City policeman. 28). After the prisoner was in custody I went to the second floor back bedroom—Mr. Smith pointed it out to me—I there found these two silver butter knives, a pair of silver sugar tongs, a pair of German silver gravy spoons, a fish slice, six table spoons, six dessert spoons, nine forks, a pair of German silver sugar tongs, two tea spoons, a caddy spoon, a sugar spoon, and a salt spoon—I have compared one of the butter knives with the one found in the grate, and it is the fellow to it, the same size and the same make—I also found seven pairs of new stockings, a petticoat, a gown piece, a hair brush, an enema pump, in a mahogany case, in a cupboard, in the bedroom, and a hamper, full of shawl borders—they were claimed by Mr. Smith.
JAMES SMILES . I am a warehouseman, in the employ of Mr. South. A week after the fire I missed a bottle from the warehouse—I have seen the clothes with the stains on them—I could not tell at the time they were shown to me what they consisted of; the smell was somewhat familiar to me, but I could not pronounce upon it—I have formed an opinion, now that they were produced by the contents of the bottle missed which is a spirituous solution of gingerine—the taste and the smell prove it—it was sixty over proof, very inflammable—I have here a piece of a bottle that was said to be found in the room—it appears to be the bottom of the bottle I missed.
COURT. Q. Where did you miss it from? A. From a small case, which we have in the side warehouse for holding our goods—anybody in the house that chose could go to it—there was a label on the bottle, "Gingerine," but nothing to denote that there was any spirit or inflammable substance in it.
JOHN FOULGER re-examined. I found this piece of bottle among the clothes that had been burnt—there were a great number of pieces, but this was the largest—there were apparently portions of a whole bottle, but the heat had broken it into a thousand small pieces—it seemed as if the heat had burst it.
SUSAN GINN . I am female searcher, at the Moor-lane station. I searched the prisoner on the night of 21st April, and found on her a steel purse, 2l. 13s. 6d., a pocket handkerchief marked "E. F. S.," and the Berlin wool table cover.
JAMES SMITH re-examined. These things are all my property, and I recognise all that I have seen at the pawnbroker's—this handkerchief is my own manufacture—I used to be a muslin manufacturer—I had left the things, which were found under the prisoner's bed, in the hat drawer, in
my secretary—everything that was missing was from a lock fast; everything visible in the rooms was as I left them.
COURT to HENRY NORMS SMITH. Q. Had you told the prisoner of your father's intended return? A. No, but she knew that he was coming home, she told me—she said that she learned it from the clerk down stairs, John Metcalfe—he is not one of the witnesses—she told me that in the afternoon or evening, perhaps about 5 o'clock—she did not tell me when the clerk had communicated with her—I had been in the house all day—I said that I would go to meet my father, but I went to the railway office, which is a short distance off, about 8 o'clock, perhaps, to know when the train would arrive.
Prisoner's Defence. I had no intention of leaving my master's service at all; when he came home I meant to tell him what I had done, and what I did it for, but he gave me into custody at the very moment; I never wished to leave the house at all, and as for the fire, I know nothing about it, not a thing about it; I am perfectly innocent of the charge laid against me; as to the taking of the things, I took everything that was pawned; if I had wished to have left the place, I could have done it the night before, but I would not until I saw Mr. Smith, to tell him what I had done.
GUILTY . Aged 35.— Death Recorded.
NEW COURT.—Thursday, May 10th. 1855.
PRESENT—Mr. Ald. FAREBROTHER; Sir CHAPMAN MARSHALL, Knt., Ald; and Mr. RECORDER.
Before Mr. Recorder and the Sixth Jury.
563. JOHN WILLIAMS and JOSEPH PRICE , burglariously breaking and entering the dwelling house of William Brown and others, and stealing 2000 yards of silk and 60 handkerchiefs, value 250l.; their property.
MR. RYLAND conducted the Prosecution.
JOHN BROWN . I am a linendraper, carrying on business, with others, at No. 20, Finsbury-pavement. One partner is named William Brown, and one Edward Brown—the house is in the parish of St. Stephen, Coleman-street—I sleep on the premises—on the night of 15th March the premises were made secure—at 12 o'clock the panes of glass were in the windows, and the doors all safe, and the property all safe—I was disturbed about a quarter past 6 next morning—I then found the street door open, a pane of glass was broken in the rear, and an inner door, which had been fast the night before, was broken open—any one by getting in at that window where the glass had been broken, and forcing that door, could get to the shop—when I got there I found evident marks that persons had been ther—I missed property to the amount of about 250l., in silks; they were bulky and heavy goods—they could not be removed in two or three minutes—I went with the policeman to the station, and stated what I knew.
Cross-examined by MR. TALFOURD SALTER. Q. Have you offered any reward? A. Yes, we have, a day or two after the robbery.
THOMAS HOOKER . I am a costermonger. I use a pony and truck in the way of my business—on Friday morning, a few weeks ago, I was going with my cart and pony to Bow-common to get some coke—about half past
5 o'clock I was in Golden-lane, St. Luke's, about half a mile from Finsbury-pavement—one person, who is not here, came up to me and asked me if I would do a job—I said I did not mind—he said he would give me a few shillings—he jumped up in the cart, and took me down to Little Moorfields, which is just behind Mr. Brown's—I drove him—he then told me to wait in a coffee shop till he came to me—I waited in the coffee shop—from there I could see Mr. Brown's premises—the cart went to Mr. Brown's warehouse door at the back of the premises, and stopped there, and two gentlemen came out of the warehouse with two good big bundles—they put them into the cart, and covered my coke sacks over them—the third gentleman, who had been in the cart, was standing outside with the cart—the prisoner Williams is one of the two men who brought out the bundles, I am quite sure of that—I had not known him before—all the three gentlemen then jumped into the cart, and drove away as last as they could drive—I came out of the coffee shop, and ran after them as hard as I could run—I kept them in sight till they got to the top of Holborn-hill—the cart turned down Gray's Inn-lane, and I lost sight of them—I inquired of two gentlemen, and went down Gray's Inn-lane—I saw the cart down in a narrow street, leading out of Gray's Inn-lane on the right hand side—I stood at the top of the street and saw the cart—it was eight or nine doors from the top of the street—it had stopped at a house—the three gentlemen were all in it, and I saw the prisoner Price come out of a house with nothing on but his shirt—he took one of the parcels inside, and one of the other gentlemen took the other parcel, and one person, a little short man, brought the cart to the top of the street to me, and gave me two sovereigns—Williams was not in the cart when I got to this street, he was standing on the kerb by the side—I had never seen Price before—I am sure he is the man—Brannan came to me on Good Friday, and I gave him a description of the two men I have been speaking of to-day—Brannan came to me at No. 6, Cherry Tree-court, where I live—I was present when Brannan took Williams into custody—I afterwards went with Brannan to the narrow street in Gray's Inn-lane—before Brannan and I went into the house there, I saw Price come out of another house and go into his own house—I spoke to Brannan, and in consequence of that, Brannan and I went into the house—we found Price there—Brannan said he was a police officer, and some gentlemen had lost some silks and satins, and he must be his prisoner—Price began to cry, and he said he knew nothing about the silks and satins—I did not say anything to Price—I said to Brannan, "That is the man that came out in his shirt," and Price said he knew nothing about it.
Cross-examined by MR. T. SALTER. Q. How long was it before you mentioned all you have been telling us to-day? A. I never mentioned it to no one, because I thought there was no harm in doing it—I am living at home with my wife—I did not mention it to her—I paid the two sovereigns away—I never mentioned it to anybody before Brannan called upon me—the police have never been in my house before this occasion—I have never been at the police court—I was never in trouble in my life—I never had a key turned on me—it was at half past 5 o'clock—I was going to a gas house at Bow-common—I was just going away from my own door when I saw that gentleman—I know it was on a Friday, I always get my coke on Friday—not a word passed between me and the gentleman as we were going—when we got to Little Moorfields he told me to go into a coffee shop—I do not know who keeps it—I was never there before—there were some persons in the coffee shop having coffee—what I have been telling I saw
through the window of the coffee shop—I was there about ten minutes—I did not show it to any other person—I have no one here from the coffee shop—when they drove off I ran after the cart—the only opportunity I had of seeing the person that I say was like Williams was through the window of the coffee shop—there were no persons passing down the street, not a soul—it was about a quarter before 6 o'clock, broad daylight—I am sure about the two bundles—two persons, who had the appearance of gentlemen, brought them out—the one that hired me was dressed like a gentleman—Williams is not dressed as he was then—he had a black coat on, and a black tie, and he looked like a gentleman—I have not talked to Salt about this—I saw him at the police court, and I have seen him here on two former days—I have not been talking with him—I have not been drinking with him—I never saw the reward—I said nothing about this case till Brannan called on me.
HENRY SALT . I am a plasterer, and live in Angel-alley, Moorfields. I remember the morning of the robbery at Mr. Brown's—I live about eighty or ninety yards from Mr. Brown's, in a place they call Jew's-ride, but the proper name of it is Angel-alley—from there I saw Mr. Brown's premises—I saw a cart standing at the corner—there were two persons with the cart, no one in it—it was a pony cart—I saw a third person come out of the house—I have every reason to believe that Williams is that man—I have no doubt about it—he brought a bundle out—I only saw one bundle—he put it into the cart—that was the only bundle I saw brought out—when he put it in, he stood on the pavement by the side of the cart—I went and had a cup of coffee, and left the cart standing there—I was in the coffee shop three or four minutes; I then saw the cart go off—there were two men in it—Williams was not in the cart—I saw nothing more of him—I am correct about the cart driving away with only two persons in it, and. Williams was not one—I should think they went at ten miles an hour; as fast as they could—I saw nothing at all of Hooker—that is all I can tell you—I was anxious to get to my employ—Mr. Packman, one of the police, came to my place, and I told him what I had seen—it must have been about three weeks after when I first told about it—when the cart went away, it must have been about ten minutes before 6 o'clock—the chimes were going.
Cross-examined by MR. T. SALTER. Q. Do you say that you would not swear that Williams was the man? A. No, I would not—I have every reason to believe he is the man, but I would not swear to him.
COURT. Q. Did you hear of the robbery? A. Yes, four days afterwards—I live within eighty yards of the place—I am in the habit of going out early in the morning, and am 8 or 9 o'clock at night before I get home.
MR. T. SALTER. Q. You did not say anything about this for three weeks afterwards? A. I spoke to my wife about it—I said nothing to the police—when I saw one bundle brought out, there was no other man carrying another—there were only two in the cart, and Williams was not one—I did not see any man in the coffee shop, but the coffee shop I was in was lower down—I did not see any one running after the cart.
MR. RYLAND. Q. How long did you stay in the coffee shop? A. I went in, and was there about four minutes—I went off instantly the cart drove away—I did not wait to see if anybody ran after the cart—I watched the cart to the end of the street, I should say ninety yards, then I lost sight of it, and went away to my work.
COURT. Q. You heard of this robbery four days afterwards; how came
you not to mention it to Mr. Brown, or somebody? A. I did not mention it—I was attending to my work, and took no notice—I did not mention it to any of my neighbours, I suppose through my not thinking about it—I never took any further notice about it—no one came about the neighbourhood—I first saw the placard offering the reward in the coffee shop window where I went for my coffee, the same coffee shop I was in before.
JAMES BRANNAN . I am inspector of the G division of police. Before I interfered in this matter, I had some conversation with Hooker—I met him as I was going to look for him in the court where he lived—I have known him from his childhood—I do not know Salt—I do not know the prisoners—I heard of this robbery the day after it was committed—I met Hooker on the 6th of April—I went with him and Evans about 6 o'clook the same evening to Verulam-street, Gray's Inn-lane—it is a narrow street, turning out of Gray's Inn-lane—I saw Price come out of No. 35, and go into No. 37—Hooker said, "That is the man, Mr. Brannan, that came out in his shirt"—he had previously given me a description of that man—I went into No. 37, and found Price in the back parlour—I told him I belonged to the police, and I came to take him into custody for receiving a quantity of silk and other drapery, stolen from the premises of Mr. Brown in Finsbury-pavement, on the 16th of last month—I said, in addition, "This day three weeks"—Price made no answer for some considerable time—he then commenced crying, and said, "I know nothing about it, Sir"—Hooker, who was present, said, "You know you came out in your shirt and took the things in"—Price denied it again—I took him into custody—I took Williams on the 14th—he denied that he knew anything about it—I found nothing in either house.
Cross-examined by MR. SLEIGH. Q. Do you know that the witnesses were here all day yesterday? A. I do not, Sir; I was only here a few hours; I was obliged to go away—I have made inquiry respecting Price—I cannot state anything detrimental to his character.
COURT. Q. Did you go to Salt's? A. Yes, on 6th April, and again on the 26th—I had not blown Salt before—I was present when Salt was examined on 27th April—he had been examined before, but I was not present.
COURT to JAMES BRANNAN. Q. Were you present when Salt was examined the first time? A. Yes—that was on the 20th—I think Hooker was examined on the 7th—Salt was not examined till after Hooker had been examined—we could not find Salt for some time.
NOT GUILTY .
MESSRS. BODKIN and SLEIGH conducted the Prosecution.
JOHN BIDDULPH . I am clerk to Robert Cooper Lee Bevan and Co., bankers—they are trading under the firm of Barclay and Co.—a gentleman named John Gill keeps an account at our house—this bill for 255l. purporting to be accepted by him was paid by our establishment on 24th March—it came from the clearing house—I paid it.
COURT. Q. Do you know Mr. Gill's writing? A. Yes—this acceptance is very similar to his writing—so similar that I was induced to pay it.
Cross-examined by MR. PARRY. Q. Are you a clerk at Barclay's? A. Yes—I have been there forty-nine years—I know this bill was paid—we have made no claim for 255l. against the Joint Stock Bank—I do not know that the sum of 255l. was lodged in that bank.
HENRY MILLER . I reside at Ipswich; I am manager of the Provincial Bank of England, at Ipswich. The prisoner carried on business there, and at Stowmarket—he had an account at our house—he brought me this bill for discount—I am acquainted with his hand writing—the bill is not drawn in his hand writing—the signature is his—I am not acquainted with Mr. Gill at all—I discounted this bill myself, and had it in my hand three or four days—I did not discount it till I had made inquiries as to Mr. Gill's responsibility—the bill became due on 25th March—that was on Sunday—of course it was payable on the 24th—I saw the prisoner on the 23rd on the subject of the bill—he came to our bank, and requested us to retire this bill—he gave a cheque on his own account for the amount—I have the cheque here—at that time he had not funds in our hands to meet this cheque—he had overdrawn his account, but I considered it safe to take it—I had a very good guarantee—I took steps for detaining that bill—I sent word that night, and gave the London Joint Stock Bank instructions to pay it—if the London Joint Stock Bank had paid it it would not have gone to Barclay's—I presume the bill was at the London Joint Stock Bank—we transmitted the bill to our London office, but the London Joint Stock Bank pay and receive—we cannot pay or receive at the office.
Cross-examined. Q. How long have you known thus gentleman? A. Many years—he was always an honourable man—that is his general character—he is a corn merchant—he had that guarantee about a fortnight or three weeks before this cheque was given, but that had nothing to do with this bill—the guarantee was for 300l.—I should hardly say the account was overdrawn, till it exceeded the amount of the guarantee—the 255l. cheque was expressly given by him to withdraw this bill, and and for no other purpose.
MR. BODKIN. Q. How long had he had an account with you? A. Four or five years—it was only shortly before that he had this guarantee—he wished to draw some money for some purpose, which I objected to, unless I had a guarantee—I had to look to the guarantee to make good his deficiencies.
JOHN GILL . I am a corn merchant. I keep an account at Barclay's and Co.—the acceptance on this bill is not my writing—I never gave any person authority to accept this bill—I have known the prisoner in business—the last transaction I had with him was in Dec., 1853.
Cross-examined. Q. You cannot say anything as to the hand writing of this acceptance? A. No—I should think I have known the prisoner five years—during that time I have known him to bear an honourable and upright character—I so thought of him—he had had bill transactions with me—there were two in 1850, and I think two in 1853—this is something like my writing—the "John" is not like—the "Gill" is more like it.
DANIEL FORESTER . I am principal officer at the Mansion-house. I saw the prisoner at Stowmarket on 7th April—I asked him if his name was Hansard Bridges—he said, "Yes"—I said I wished to ask him some questions about a bill for 255l., and he was not bound to answer me unless he pleased—I said, "A bill has been presented at Barclay's, accepted by John Gill, and he denies the signature"—he said, "He did not pay it;" I understood he meant Mr. Gill did not pay it—the up-train for London was coming
at the time—I told him he must come to London to explain respecting this bill—I think he said he wished to see some friends, or to go home—I told him I could not allow that—I sent the railway porter for two tickets, and we came off by the train to London—when we were in the railway carriage, I said, "The bill is dated 21st Jan., for 255l. at two months"—he said, "I am not ignorant of the bill"—I did not tell him who I was till I arrived at the Ipswich station; when I arrived there I told him—he did not say anything particular; I think he said he had heard of my name.
Cross-examined. Q. Did he not say he never intended to defraud anybody? A. I think there were words to that effect; if he did not use those words, he conveyed that idea.
(George William Mason, auctioneer, King William-street; William Nixon, corn factor, Crutched-friars: Robert Osborne Fuller, farmer, near Stowmarket., Suffolk; Robert Squirrel, corn merchant; Frederick Howell, of the firm of Randall and Co.; James Riley, maltster and brewer, Stowmarket; Francis Bell, builder, Stowmarket; and John Lockwood, jun., brewer, Stowmarket, deposed to the prisoner's good character.)
GUILTY. Aged 35.—Recommended to mercy by the Jury, on account of his good character. — Four Years' Penal Servitude.
MESSRS. BODKIN and SLEIGH conducted the Prosecution.
RICHARD GOSLING . I am one of the firm of Gosling and Sharp, bankers, in Fleet-street On Thursday afternoon, 29th March, the prisoner came to our house—he presented to me this letter, which contained this cheque—having read the letter and cheque, I asked the prisoner whom he received it from, or words to that effect—he said he received it from a gentleman in Onslow-square—he said more, for he was some time in the room—he said he was prepared to take notes, if more convenient, to that amount—I detained him, sent for an officer, and gave him into custody—this was about 10 minutes before 4 o'clock—he mentioned the number in the square—my own impression is it was No. 2—I cannot remember the exact words he used about this gentleman—I understood he was a friend of this gentleman—we have a customer named Edward Hartop Cradock, of Brazen Nose College.
Cross-examined by MR. PARRY. Q. He said this all at once? A. Not till he had been a little examined by me; not till I asked him some questions—fie mentioned that he came from a gentleman living in Onslowsquare, Brompton, who had given him the letter to bring it to me—I know that my solicitor examined this boy, and took down a statement—I heard it read—I know that this young man has particularly described the person.
Q. Are you sufficiently acquainted with Mr. Cradock to know whether he is in the habit of writing his cheques in this way? A. The language is not exactly what he would use; it is more full—the language of the cheque is different—by language, I mean style—this other cheque (looking at one) is a genuine cheque—it is not much the same as to style—one is written by a gentleman; the other is not—this is not like his usual cheques—it looks like it, but on examining it closely it is not the same—I detected a great difference in the body of the cheque, not in the signature—Mr. Cradock usually wrote cheques on this sort of paper—I know Charles Lister—it is many years since I saw him—I dare say he has brought cheques to our bank
from Mr. Cradock, but not for many years; about five years—I am not aware of his having brought any for that time—he has been unfortunate.
MR. BODKIN. Q. Do you know anything of him? A. I believe Mr. Oradock allows him some kind of half-yearly payments, which we pay by cheques—(Cheque read—"Oxford, March 26, 1855. Please to pay to Robert Brogues, or bearer, 598l. 10s.")—in the margin it is 589l. "—(Letter read—"Onslow-square, Brompton. Gentlemen,—Herein is inclosed a cheque for 598l. 10s., drawn on you by Mr. Cradock, which you will be good enough to pay in gold, if you can, as I have to meet a large payment. Robert Burgues.")
JAMES HANDS (City policeman. 360). I was sent for to Messrs. Gosling and Sharp's on 29th March—the prisoner was given into my custody—I took him to the station, and searched him—I found on him one half sovereign and eight shillings—I heard the inspector speak to him about the letter—he said he received the letter from a gentleman that lived at No. 2, Onslow-square, Brompton, and he was to take it to Messrs. Gosling and Sharp's, Fleet-street, to get it changed for gold—the inspector said it was very strange that a gentleman should trust any one with so large an amount, and not know who he was, not knowing anything of him—the prisoner said he was not aware what was inside the letter—I went the next day to Mr. Burgess's house, Cadogan-place, Chelsea—I went into a pantry, which was pointed out to me as the prisoner's.
CHRISTIAN ENGLEHART . I am in the service of the Rev. Mr. Burgess, in Cadogan-place. The prisoner was in the same service—I remember the officer coming there on Friday, 30th March—I showed him the butler's pantry, which was the room the prisoner used—this case (looking at it) was in that room at the time—the officer looked at it slightly—it is the prisoner's—there was another box in the room at the time.
Cross-examined. Q. This is the butler's pantry? A. There is only one pantry; we call it the butler's pantry—there is no butler; the prisoner was the only man servant—there are four servants in the house—this pantry was open to everybody—this box was the prisoner's—I have seen him take paper out of it—there was another little box belonging to him—when the policeman came, this box was shut, but not locked—the officer opened it, and looked at it, in my presence—the prisoner has been in the service three years and a half.
JAMES HANDS re-examined. I went into the butler's pantry—I saw this desk there—I examined the contents of it—I did not bring anything away that I saw—there was another box there, which was locked—I did not examine that at all—when I opened this box I noticed a letter lying on the top—I lifted up the cover of the box, and it lay there—I looked at it, and I think I should know it again—it was a letter—(looking in the box) I cannot find it—I put it back where I found it—I did not take out the contents of the box—I looked it over—I remember attending the last examination, when the prisoner was committed on this charge—I took him to Newgate, and he said that I had made a mistake about the box, in saying it was locked, it was not locked—this is the box that was produced before the Magistrate, and this only—I had stated that it was locked—on the prisoner's saying that, I said, "I think you have made a mistake in leaving that stamp in it"—he said, "On one occasion I met the gentleman that gave me the cheque, and he said, 'Are you in want of any stamps? and he gave me two or three, and that is one of them; I was not aware that there was any writing on it, or I should have destroyed it"—this stamp (looking at one) had been produced before the Magistrate.
Cross-examined. Q. Had you sworn before the Magistrate that the box was locked, and did not this young girl (Christian Englehart) confront you, and say that you had opened the box, and looked at it? A. Yes—I never tell an untruth if I know it; I said the box was locked, and I could not find the key to open it—there were two boxes; one was locked—I looked for a key of the other box—I was asked if I had searched that box, and I said I had not—I do not see the letter that was there now—I had seen the letter that was lying on the top—the box was produced on the 13th—I did not find the letter afterwards—a detective officer, Green, was employed in this case—I have not been talking with Green about this case—I have not spoken to Mr. Bates to day—all this was a mistake about the box—I was not well scolded by the Magistrate for not bringing away the papers.
MR. BODKIN. Q. When you went to this pantry, did you find two boxes? A. Yes; one locked, the other open—when I was before the Magistrate I believe it was the locked box which was produced—I afterwards went to look for the locked box, at No. 8, Sloane-street.
ALFRED GREEN . I am a detective policeman. On 29th March I had a conversation with the prisoner at the station house; he was in custody, but not in my custody—I had previously received instructions to investigate the case—I asked the prisoner if he knew the gentleman who gave him this cheque to take to Gosling and Sharpe's—he said, "No;" he had seen him several times before, speaking to him—the first time the gentleman spoke to him, was in the Brompton-road—the gentleman asked him if he would purchase the ticket of a watch which was in pledge, and he declined it, having a watch of his own—he said, "The gentleman then treated me to a glass of ale"—he said he met him again, and made an appointment to meet him at No. 2, Onslow-square, on the afternoon the cheque was brought down—I think the 29th—he said, "I went this afternoon to No. 2, Onslow-square, where I saw the gentleman on the step of No. 2; I walked with him to the top of Waterloo-place, where he gave me a letter to take to Messrs. Gosling's, in Fleet-street"—I asked him if he knew what the letter contained; he replied, "I knew it was for money"—he said he then took it to the bankers—I asked him if he ever read the newspapers—he said, "Yes;"—I asked him if ever he had read the canes where gentlemen's servants had been sent with cheques; he said, "Yes"—I said, "There was Mr. Wrangham's servant, who was sent with a cheque a few day's back"—he said, "Yes"—I said, "That ought to have roused your suspicions, I think"—he said, "I did not think anything was wrong till I saw the bankers examining their books"—that was all that passed—I was at Mr. Mullens's chambers on 2nd April, when the prisoner was there—he was not in custody, he was liberated on bail—I was present when he made a statement to Mr. Mullens—I heard him describe the route by which he went from Onslow-square to the bankers—I have since that gone over that ground which he described—I was not present when it was measured—I asked the prisoner what he was to have for carrying that letter—he said he was not aware, he had made no agreement.
Cross-examined. Q. This was with no bad intention on your part? A. No; he answered all the questions without hesitation, and I heard him describe very accurately, the person from whom he received the cheque—I have tried to find the person, and have not been able.
in Onslow-square, to the bankers—the whole distance is five miles and twenty-five yards—I measured the route the officer pointed out.
HENRY VAUGHAN . I am clerk at Mr. Burgess's Church, and live at No. 45, Sloane-square. On Thursday afternoon, 29th March, I saw the prisoner at the corner of Sloane-square, and the King's-road, about thirty yards from my house—he had taken this umbrella to my house, and left it with Mrs. Vaughan, and he was returning when I met him, about twenty minutes past three o'clock—he asked me if I could give him change for a sovereign—I said I could—he said he had been to eight or ten places, and could not get change—I said, "Shall I give it you here, or go in doors? It will be more respectable to go in doors"—I went in, and he followed me into my house—I gave him change, a half sovereign and 10s.
Cross-examined. Q. You say it was 20 minutes past 3 o'clock? A. I think it was a quarter or 20 minutes after 3 o'clock—my attention was not particularly called to the time—this is my umbrella.
REV. RICHARD BURGESS . I am rector of Upper Chelsea; I reside at No. 10, Cadogan-place. The prisoner has been in my service more than three years—he entered my service on 10th Nov. 1851—he was the only man servant I kept since that time—I know Mr. Cradock—I remember receiving this cheque (looking at it) from him by post—I cannot say whether it was on Saturday night, or Monday morning—it is marked 24—I can only say that I had it in my possession on Monday morning—I filled it up, and placed it along with other papers, in a clasp to hold papers—this is only half the letter I received, the other half stated the object for which this was sent—it was delivered by me to my collector, the last witness, on Wednesday morning—before that I had placed it in a clasp in the shape of a hand, on my study table—I had indorsed it; I wrote on the back of it, with the name of the collector, Mr. Vaughan, cheque 3l. 3s.—my indorsement on it was made at the last moment before I gave it to Mr. Vaughan—it was folded, and "cheque 3l. 3s." was on the outside—I happened to be out on the Thursday afternoon—I was not aware of the prisoner going out, except that I told him to take an umbrella, which I presumed he would do, to Mr. Vaughan's—when the prisoner was first taken, I attended before the Magistrate, to speak of him as a servant in my employ—he was permitted to go at large—I became security for his attendance—I attended on the occasion of his being examined the second time, and after that was over he was detained and committed.
Q. When you returned home after that, did you go in the pantry? A. I think. I had been in the pantry previous to the second examination—it was after the first examination—I found this box; I did not precisely examine the contents, but I saw what presented themselves—I found this stamp in the box—it was stuck in the edge, a very little corner out—I did not notice any papers there—Mr. Bates, the clerk to the solicitor, was there—I think I sent for him—I told him I thought it my duty to deliver to him that box.
Cross-examined. Q. About this cheque, you received it probably on Monday, the 26th? A. Yes, I gave it to Mr. Vaughan, on Wednesday, the 28th—it was two days in this clasp on my study table—my study is always kept open—Mr. Vaughan informed me that after he had the cheque it was immediately paid into the bank—I found this box in the pantry on Good Friday—it had been there from the 29th till the 6th—I was told a detective policeman had been and examined the premises, but I did not see him—I
saw one detective officer, I think Green—he was there between the first and the second examination—the officer I saw was not the same, as I understood, that made the search—the pantry was not examined more than once to my knowledge—the prisoner did not return to my house after his first examination—I desired him to go to his mother—he did not send for his things after he left—I desired his mother to take away all his things a few days after his first examination—if she had pleased she might have taken this box as well as other things—I should think the prisoner must be twentytwo years old—I have known him from a child—I have always had the highest opinion of him for honesty and truthfulness—I considered him a young man of very good morals—he was seldom out of the house—he was not in want in my house, he had good wages, and two suits of livery—I have had occasion to send him on messages, and he was always remarkably quick in it—I do not recollect that I ever had occasion to send him to the Eastern Counties Railway.
COURT to CHRISTIAN ENGLEHART. Q. Were you present when Mr. Burgess found the stamp in the box? A. No—no person, except Hands, had examined the pantry to my knowledge—the prisoner's clothes were taken away by his mother after the box was taken by the police officer.
Cross-examined. Q. Did not the mother take his things away almost immediately? A. No—more than a week afterwards—he sent for nothing himself during that time, nor did his mother come for anything—I saw him—he came on Friday to the outer door, but we did not let him in—at that time this box was in the house.
COURT. Q. What did he call for on Friday? A. He wanted his money out of the pantry—he asked the housemaid if his mother was there, and she was not—his mother works there as a charwoman.
MR. BODKIN. Q. What time did he go out that Thursday afternoon? A. Soon after 3 o'clock.
Cross-examined. Q. Is your clock at all fast? A. Yes, either ten minutes or a quarter of an hour—it was a little past 3 by our clock.
BASE. I received this box on the 7th of April—this half sheet of paper was in it, and this other paper—the prisoner was allowed to go after the first examination—he came to our office on the Monday following—I took down in writing a statement of his account of the transaction—I handed it to Mr. Mullins—this is the statement I took down.
Cross-examined. Q. This box was handed to you by Mr. Burgess? A. Yes—these papers were in it and this bit of wax—I opened these things at the police court—except that they have not been opened, I kept them in my possession—I can swear to this bit of wax being in the box—I kept it in my drawer locked up—no one would have access to it.
RICHARD MULLENS . I am solicitor for the prosecution—I have compared the signature on this forged cheque, with the signature on the genuine cheque, by holding them up to the light—the signatures exactly correspond—they seem to be copied—I trace nothing on this blotting paper; this was only used to wrap up the other—I attended the first examination of the prisoner; he was allowed to go at large—he came to my office, and Mr. Base handed me this statement—the prisoner came in my room, and I went over the statement, sentence by sentence, with the prisoner—I asked him questions where I thought the statement required a little explanation—after it was done I read the whole of it over to him, and asked him if he wished to say anything more, or had anything to add—he said no, he did not think of anything more. (The witness here
read the prisoner's statement as follows: "I was walking along from Knightsbridge, on the Brompton-road, on a Friday; I think it was last Friday fortnight; say Friday, the 16th of March; in the evening, after 8 o'clock, I should say between 8 and 9 o'clock, I was out for a walk alone; I was about opposite St. Michael's-place, going towards Fulham; a man accosted me; he met me; he asked me if I was not Mr. Burgess' servant; I told him 'Yes;' he asked me if I wanted to buy the duplicate of a watch; I told him 'No;' this was all the conversation at that moment; he asked me if I would have a glass of ale; he offered me the duplicate for 8s., and I refused, having a very good watch of my own; I was not struck with this as being inconsistent with his being a gentleman; I am not quite certain whether I did or did not take a glass of ale with him; we stood by St. Michael's-terrace together about ten minutes, in conversation about the watch; we separated, I turned round and went home to Mr. Burgess'; the person also turned away, as though he was going back again towards Fulham, but I did not take notice how far he went; a week elapsed after this, and I was in Brompton-road out for a walk, between 8 and 9 o'clock; I was going towards Brompton and the party coming towards the park; we met again casually, and not by appointment; I am near sighted, and he stopped me; I was at Middle Queen's-buildings, in which our baker, Jobbins, lives; I had not got so far as Jobbins's shop; I seldom go much further than that when I go out for a walk; he said, 'How do you do? I looked at him and recognised him by his voice and general appearance; he asked me if I would have a glass of ale; I refused; this second occasion was Friday, the 23rd of March; we stood talking not more than five minutes, and he asked me if I would go to his house on the following Thursday, No. 2, Onslow-square; I asked him if he would favour me with his name; he said he had no card, his name was Burguess; I then asked him how he spelt it, and he said, "Burguess;" it struck me at the moment as being singular that it was similar to Mr. Burgess; he did not give his Christian name; he said if I would go to him on Thursday afternoon, at half past 3 o'clock, to his house, No. 2, Onslow-square, he wanted to see me, but he did not state the purpose he required; I said probably I would come, but I did not promise; he had in appearance all the style of a perfect gentleman, I took him for such, and asked no questions; on Thursday afternoon I went to No. 2, Onslow-square, according to the appointment, at half past 3 o'clock; I was two or three minutes past the half hour; I did not ask permission; they have lunch at half past 1, and finished about half past 2 o'clock; we in the kitchen dine at that time; before I went out I cleared up the luncheon things and put them away; this took me about half an hour; I went to Mr. Vaughan's, No. 45, Sloane-square, with an umbrella; Mr. Vaughan is clerk of Mr. Burgess' church; I asked him to give me change for a sovereign, which he did; I went from Sloane-square down Seymour-street, along the Marl borough-road, round by the Admiral Kepple, along there to Sydney-street; Onslow-square is up Sydney-street; I had left No. 10, Cadogan-place, before a quarter past 3 o'clock; I then went to No. 2, Onslow-square, and I met the party just coming off the steps; he said, 'Good day,' and we walked together; we went along the Broad-road, Brompton-road, Knightsbridge, and Piccadilly, as far as the Circus, at the top of Piccadilly; while walking by his side he asked me if I knew Gosling and Sharpe's; I told him 'No;' he said, 'Very well;' he said he wanted me to take a letter, containing a cheque for 598l. 10s., upon Messrs. Gosling and Sharpe, drawn by—Cradock, Esq.; he told me it would be paid in gold; I was to take a cab to No. 2, Onslow-square,
when I received the money; I wanted to go to Capper and Waters, No. 26, Waterloo-place, and told him it was to order some skirts for myself; no one knew of my going there; I had never had my shirts made there before; he said, 'No, you had better not, the bank will be closed,' and he required the gold that evening to meet a large demand; I cannot tell the exact spot this conversation took place; it was oh the right hand side of the Circus, on the same side as the Haymarket, near the Spread Eagle; I left him there in the Circus; I cannot say which way he went; I recollect that he said he could not take the cheque himself, as he had a very particular appointment, which he must keep; he seemed to be in a very calm and collected way; I went from thence to the bank; I went along Coventry-street, and turned down and came to Trafalgar-square, and kept the left hand side up the Strand, through Temple-bar, then I crossed to No. 16, and found it was a hosier's shop; I then asked an old gentleman which was Messrs. Gosling's and Sharpe; ho told me it was a little further up, and pointed to the door; it happened to be three doors from where I inquired; the letter was directed to Messrs. Gosling's and Sharpe, No. 16, Fleet-street, City; the real number being 19 led me to inquire of the gentleman in the street; I got to Messrs. Gosling's and Sharpe about a quarter to 4 o'clock; I took it to the counter and presented it; I was told to take it in to an inner room; the letter was opened in my presence; my suspicions were aroused by the gentleman who opened the letter questioning me on two or three points; when Messrs. Gosling's and Co. asked me where I got the cheque, I told them it was given me by a person named Burguess, who said he was well-known to Mr. Borrow, No. 21, Onslow-square; I think that was all that passed, as near as I can recollect; when the party gave me the letter in the Circus he said, 'It is all right,' and mentioned, 'I am well known to Mr. Borrow, of Onslow-square;' I have a knowledge of Mr. Borrow, he dines with Mr. Burgess occasionally on his birthday; it was on the evening of the birthday party that Mr. Burgess was robbed; from the time of my leaving Mr. Vaughan till I got to Onslow-square I did not call anywhere, nor did I call anywhere from the time of my seeing the gentleman till he left me in the Circus; we walked as quick as we could, side by side, between the Circus and Messrs. Gosling's; I did not call anywhere; I decline to say what became of the 2s. out of the change I received from Mr. Vaughan; it is a private matter, and has nothing to do with this case.—Burguess: well looking, rather thin, genteel appearance; aged thirty, forty by appearance; height, five feet eight or nine, tall and upright in his carriage; complexion, lightish, no colour in his cheek, pale looking, but natural colour; hair did not observe, never saw him with his hat off; whiskers not at all bushy, dark (trimmed close) brown; moustache full, quite black, had all appearance of dye being used, as it did not correspond with his whiskers; features, regular, open countenance; dress—one of the evenings in question I met him with a frock coat; on the last occasion be had a sack over coat, very loose; always dark clothes, and buttoned up.—I have had conversation with the man on three occasions; besides this I have observed him in and about Cadogan-place, of an afternoon generally, between 3 and 5 o'clock; the time I am up in the dining room he has always been walking in Cadogan-place; I knew him by sight before the evening of 16th March, perhaps for a fortnight before we spoke; I suppose he had a slight knowledge of me by seeing me at the windows and door of Mr. Burgess' house, as when I met him on the first occasion I had on my livery hat; I recollect when he came up to me in the Brompton-road, he said, 'Adieu,' just the compliments of the day, and I
recognised him as being the person who passed in and about Cadogan-place, but the conversation occurred about that."
REV. DR. EDWARD HARTOP CRADOCK . I reside at Oxford, and am principal of Brazen Nose College. I was in the habit of drawing drafts on Gosling and Sharpe's—this cheque for 298l. 10s. was not drawn by me, or by my authority—this other cheque for 3l. 3s. is a genuine cheque.
Cross-examined. Q. Bid you hear the description read just now of the person this young man met? A. I have no one in particular in my mind to whom, as a whole, it will apply—I dare say I could name twenty persons among my friends to whom parts of it will apply—I know Lister—it will apply to him tolerably well, but it is quite wrong as to the whiskers, and I never, to my recollection, saw him with a moustache—I am not quite sure whether I did not see him yesterday in coming to attend this Court—I have generally seen him with a slight colour—I assist him—he has had cheques of me; not recently—he has been to Gosling's bank with cheques of mine—not within twelve months—I pay him in a different mode now—he has been very much embarrassed.
MR. BODKIN. Q. Do you know his writing? A. Yes—this note is not it all like his writing.
MR. PARRY. Q. Has that person left Oxford within the last three months? A. No, within twelve or fourteen months—his age is rather more than forty, but he looks rather under—he was clerk in a government office—he can write as well as most gentlemen.
COURT. Q. Have you ever seen him wear moustaches? A. I was coming yesterday in great hurry, I thought I saw a person very like him in every respect; but he had a moustache, which I had never seen him have before.
(The prisoner received a good character.)
NOT GUILTY .
THIRD COURT.—Thursday, May 10th. 1855.
PRESENT—Sir JAMES DUKE, Bart.: and RUSSELL GURNET, Esq.
Before Russell Gurney, Esq., and the Seventh Jury.
ESQULENT PLEADED GUILTY . Aged 20.—See page 33.
KING PLEADED GUILTY ,†Aged 21.— Confined Twelve Months.
GEORGE TAYLOR SWAN (City policeman. 267). On Saturday, 7th April, I was in Robin Hood-court, and saw Caddick carrying this tea chest (produced)—I asked him what he had got in it; he said, "Tea"—I said, "Where are you going to take it?" he said, "To No. 16, Gray's Inn-lane"—I asked him what made him go that way to Gray's Inn-lane—he said, "To save Holborn-hill"—he was going in that direction, but it was the furthest way—I asked him if he had a bill; he said, "No"—I asked him to put it down, and then asked where he brought it from—he said that two men had given it to him at the corner of Shoe-lane—I took him to the station, the chest was opened, and found to contain envelopes, and not tea—the address had been torn off.
7th April, I saw the tallest of the prisoners carrying this tea chest; there were two others following him, about ten yards off—one was in a velvet coat—I spoke to a policeman—I then heard one of them say some-thing which I could not understand, to the little one, and then they went down the court.
JOHN WALKER . I am foreman to Charles Morgan and Co., of Cannon-street. I saw this box packed up on 7th April, with 20,000 of one kind of envelopes, and 1,000 of another kind—it was sent by the carman, Holt, to No. 69, Old Bailey—they are the property of my masters, Charles Morgan and F. B. Adams.
THOMAS WILKS . I am porter to Hugh Lavington, who keeps a booking office, at No. 69, Old Bailey—I saw a chest like this there, and think it is the same—it was safe at 10 minutes or a quarter past 7 o'clock in the evening, and I missed it five or ten minutes afterwards.
WILLIAM CLARK (City-policeman. 237). On the evening of 7th April, I was on duty in the Old Bailey, and saw Caddick about 7 o'clock, standing within a few yards of No. 69, and King on the opposite side of the way—I afterwards saw Caddick at the station at 10 o'clock.
Caddick. I was not there.
COURT. Q. Had you known him previously by sight? A. No; there was nothing to direct my attention to him more than to anybody else; and there was nothing in his conduct which made me observe him.
JOHN MOSS (policeman.) On 8th April, it was my duty to visit prisoners in the cell, at Smithfield police station—when I visited Caddick, he asked me where Smith was; I said, "I do not know"—he said that he had made a statement to Smith, and said, "I am locked up for stealing a chest; it was not me that stole it, I received it from Apples. Pickford, and Grimes—Esqulent goes by the name of Apples. King by the name of Pickford, and Grimes by the name of Singer.
WILLIAM SMITH (City policeman. 244). I had Caddick in charge—I saw him in the cell at the station, on Sunday the 8th; that was before Moss saw him—I recognised him and knew him; he said, "Smith, I am locked up innocently, I am not guilty of stealing this chest which I am locked up for, you know who the men are who stole it"—I said, "No; I do not, unless you choose to tell me"—he said, "It was Apples. and Pickford, and Singer"—I knew the other three prisoners by those nick names—he described how they were dressed, and said, that Apples was the one who took it, and he had nothing to do with it until he got into Shoe-lane, by the oyster shop, when he took it, and carried it to Robin Hood-court, where he was stopped by the constable; and when he was stopped Apples was just in front of him, and Pickford and Singer close behind him—he said that he told the constable at the time, that the other two men gave it to him, and pointed to them.
The COURT considered that there was no evidence against Grimes.
NOT GUILTY .
CADDICK— GUILTY .* Aged 20.— Confined Twelve Months.
567. JOHN SPENCER CHECKLEY , stealing on 4th Nov., an order for the payment of 96l. 18s. 8d. 2nd COUNT, stealing on 3rd Feb., an orderfor 47l. 10s. 8d. 3rd COUNT, stealing on 10th March an order for 68l. 7s.; the moneys of Benjamin Smith Lloyd, and another, his masters.
MR. RIBTON conducted the Prosecution.
BENJAMIN SMITH LLOYD . I am a merchant, carrying on business in Abchurch-lane. The prisoner has been in my employ for the last nineteen months—I have business transactions with England and Son, insurance brokers—it was the prisoner's duty to lay before me on Saturday the accounts which were due—in Nov. last the prisoner laid before me some papers, among which was an account from Messrs. England and Son; he asked for a cheque for that statement—I drew a cheque on my bankers; I have searched for that cheque among the others returned to me by my bankers, but have not been able to find it—it would in due course be returned to me in my pass book.
Cross-examined by MR. METCALFE. Q. What do you do with the pass book? A. It was the prisoner's duty to apply for it at the end of the month, and the cancelled cheques would be in it—it was not the duty of anybody else to apply for it, but he might send an under clerk—there was a book keeper.
NATHANIEL WILLIS . I am a clerk in the Southwark branch of the London and Westminster Bank. The prisoner has an account there; he opened it on 4th Nov. 1854, and paid in a cheque on Curries, for 96l. 18s. 8d., and 3l. 1s. 4d.—the cheque went into my book, and then was sent to the clearing house.
FRANCIS SILLS . I am clerk to Currie and Co., bankers. This book (produced) is in my writing—I find here on 6th Nov., that I paid a cheque to the London and Westminster Bank; I received it at the clearing house—this is the clearing book, and I have an entry of the cheque in it——it went in the regular course through our books, and I took it up to our house, No. 29, Cornhill, and gave it to one of the partners, who cancels the whole of the paid cheques—it was a cheque drawn on the house, which I paid—when I say that I gave it to one of the partners, I put it into the counting house to be cancelled—I never saw it again—it is not at the bank now, we do not keep cheques; the ordinary mode of business is to return them when cancelled—this cheque would in the ordinary mode of business be returned to the drawer of it.
COURT. Q. Have you looked for the cheque in any way? A. There is no place to look, the floors are swept every day.
MR. RIBTON. Q. In what way are they returned? A. They are put into the pocket of the pass book, and when the pass book is taken away they go with it—Benjamin Smith Lloyd and Co. have an account at our house.
(This was a notice to produce the cheque in question, and was signed, R. Mullens.)
MR. METCALFE to NATHANIEL WILLIS. Q. Do you know the prisoner personally? A. I think I can say so—I have an entry of "John Checkley" in my book—I think I can say, to the best of my recollection, that the prisoner is the person who opened this account; and, to the best of my recollection, he is the person who paid in this cheque—I should be the person receiving it—I did not take it from our house to the other house. (MR. METCALFE objected to secondary evidence being given of the contents
of the cheque, as the cheque paid to the prisoner had not been connected with the cheque returned to the house.)
COURT to MR. B. S. LLOYD. Q. Whose duty was it to compare the entries in the pass book with the cheques returned? A. The prisoner's—he was the person to ascertain whether any cheque which was paid was not in the pass book—he made no statement to me about a cheque not having been returned.
MR. METCALFE. Q. You are not quite so careful about the cancelled cheques as you are about the unpaid cheques? A. No.
(The COURT considered that there was sufficient evidence of the cheque being lost or in the prisoner's custody, to admit of secondary evidence being given.)
MR. RIBTON. Q. Have you your book here? A. I have the counterpart of my cheque book—on 4th Nov., I gave the prisoner a cheque—it was in his writing—it is, "448, Nov., 1854. England and Son, insurance account, 96l. 18s. 8d.," and I paid his salary the same day—that cheque was to be paid by him to Messrs. England and Son; it was given to him for that purpose—on 3rd. Feb. he applied to me for a further sum of 47l. 10s. 8d., as due to Messrs. England and Son for insurance—I have the counterpart here—it is in my own writing—it is, "Feb. 3rd., '55. England and Son, 47l. 10s. 8d. "—the cheque was upon the London Joint Stock Bank—on 15th March the prisoner made a further application to me for 68l. 7s. for insurance—I find that cheque among the vouchers—this (produced) is my cash book—here is an entry in the prisoner's writing: "Nov. 4. England and Son, 98l. 18s. 8d.," and on 3rd Feb., "Insurance account, 67l. 10s. 8d.," and on 15th March, "Insurance account, 68l. 7s.," in the prisoner's writing—those entries represent payments made by me, and received by the prisoner for the purpose of payment—on 14th April, from information I had received on the previous day, I called the prisoner into my inner counting house, having previously asked him for Messrs. England and Son's account and the bank vouchers.
MR. METCALFE. Q. Did you say, "If I compromise this Blatter I shall not be doing my duty, but you must let me know how far you have carried this on, faithfully, and I may do something for you?" A. Those were not the exact words; I held out no hope whatever—what I said was, "Mr. Checkley, I have detected you in a system of robbery since you have been with me; in England and Son's account alone, which I have run through in the last half hour, I find several sums overcharged, nearly to the amount of 300l. "—I said that information had been given to me on the previous day from his former employer, that within the past month the prisoner had paid him the sum of 80l. to compromise a matter in which he had been concerned, participating in robbery with his fellow clerk, who had been convicted that week and sentenced by the Court, and for whose defence the prisoner had paid as much as ten guineas; and, holding up this memorandum, I said, "I have discovered in Messrs. England's account great defalcations; you have abstracted the vouchers from the pass book; I have a painful duty to perform, and must give you into custody"—he said, "Oh dear! oh dear!"—I said nothing about compromising the matter, up to the period I have mentioned.
MR. RIBTON. Q. What did he say or do in reply? A. He exclaimed, "Oh dear! oh dear! will you read that?" and gave me a paper which he had brought in in his hand—(read: "Mr. Lloyd, for Heaven's sake, forgive me! I will do what you please to order with myself, all shall be returned to you, and I will confess to the fullest extent; my wife and child, and
likely to have another; it will kill her. John Checkley."—(I had previously desired him to produce the vouchers)—after I had read that, I said that I had a painful duty to perform, but in justice to myself and the mercantile community I must not consent to any arrangement—he repeated that if I would consent to an arrangement, everything should be repaid if I would overlook it—he further asked to be allowed to look at this memorandum, which is several sums taken from Messrs. England's account (the sums in ink are in my writing)—he looked at it, sat down at a desk, and put some pencil figures against five sums—I had asked him the amount of his defalcations, and he asked to look at the account, but I said nothing about showing mercy to him—when he had written these sums in pencil he handed it back, and said, "I do not think I can account for those sums"—I insisted on knowing what further amount he had abstracted, and he mentioned the London Dock Company, 20l. and petty cash, 4l. 16s.
Cross-examined. Q. These three sums in the indictment are among the sums that he said he could not account for? A. Yes—the amount altogether is 280l.—the man who was tried was named Bone—I believe he was tried here—he was in Mr. Dugard's service, and so was the prisoner, I believe—he has been with me nine months—I remember no communication from the prisoner to the effect that Bone had obtained goods from Dugard's, and that they compelled the prisoner to pay the amount, 80l., saying that they would tell me—the communication was made to me by Mr. Dugard—I had met him in the City on the previous day—I do not remember that he told me the age of Bone, nor did he say that he had been indulging in sporting—I know that the prisoner has a wife, but know nothing more—I have since received written communications from the prisoner that he was willing to call on me and offer any explanations—his father has not been to me—the prisoner's duty was to prepare a list of the accounts that would become due—I left him to fill up the cheques and then I signed them.
COURT. Q. Do you mean that you gave him a blank cheque? A. I allowed him to draw the cheques, and signed what he presented to me, using my own judgment as to whether the accounts were due—when I signed those cheques I believed that the amounts were due—it was his undoubted duty to pay the cheque to the party to whom it was drawn—if he had paid the money in any other way, and kept the cheque, I should have discharged him for it, although there would have been no dishonesty—when he presented several small sums under 2l. I drew a cheque for petty cash, and it was his duty to get it cashed, but in larger cheques I drew for each specific amount; that was the invariable course.
MR. RIBTON. Q. Where they were for large sums were the cheques drawn to the parties to whom they were to be paid? A. Yes, and as far as we knew crossed to their own bankers.
(MR. METCALFE here stated that he could not resist the evidence.)
GUILTY .—MR. METCALFE stated that Bone, who was a man of forty or fifty years of age, had led the prisoner into extravagant habits, and that the having to pay 80lto prevent exposure to his master had led him into this offence. MR. LLOYD stated that his losses were over 500l.— Four Years' Penal Servitude.
Before Mr. Common Serjeant.
MR. PAYNE conducted the Prosecution.
WILLIAM GIBSON . I am a jobber, and live at Walthamstow. On the morning of 2nd May I went to the Cock, about 9 o'clock in the morning, to refresh myself with a pint of beer—there were the two prisoners and two more persons there—the prisoner Hughes flew at me, threw me down, and put his hand into my pocket, and drew out a purse, which contained 80.—I did not struggle with him at all—I was on my face—as soon as he had transacted it, he went out at the back door—I never saw my money again—I do not know what became of my purse—I did not see it afterwards.
Cross-examined by MR. SLEIGH. Q. How long have you known Hughes? A. Almost ever since he has been born—he works in the same parish—he is sometimes in work, and sometimes out—he has never been in employ with me—he lost his situation at Mr. Hawes's—I am a jobber—he works as a bricklayer's labourer sometimes—I have not had any money transactions with him that I know of—there have been no money transactions between us that I know anything about—I never employed him—I never received any wages on his account to hand over to him—at the time he jumped upon me, and put his hand into my pocket, Monger was in the room, and two or three other persons—I was not pretty jolly.
MR. PAYNE. Q. How old are you? A. Seventy-five—I never owed this man any money—I went across the road, and charged the policeman with him, and he told me to stop at home till he took him.
Cross-examined. Q. Were they all larking together? A. No, they were drinking together—the old gentleman had had a drop on that morning—he was drinking with the prisoners and the others—I was there about half-past 8 o'clock—I heard that the old gentleman had made a complaint about 9 o'clock—I heard of it when I had been out, and was returning back.
JAMES WEIGHT . I live at Walthamstow. I was in the taproom of the Cock on the morning of 2nd May—I cannot say what time it was—I went in for a pint of beer—I had not had my breakfast—as near as I can tell it was about half-past 10 o'clock—I had no watch—I know the time by going up to the water—I saw Gibson and the two prisoners there—I saw Hughes take the purse out of Gibson's pocket—Gibson was standing up before the fire, and Hughes was taking the purse out of his pocket—Hughes went out backwards, and came in again, and brought the purse in one hand and the money in the other—he put the purse into the fire, and gave the money to Monger, and then he went out—Gibson went after a policeman.
Cross-examined. Q. There were some others in the room? A. Yes, five others—when I saw Hughes taking the money I did not stop him—I had no business with it—I do not know that they were all larking and drinking together—I was not there five minutes—Gibson was not pretty nearly drunk—he was sober enough to go up to the station—Monger was
sitting down at the time Hughes took the money out of Gibson's pocket—he gave something to Monger in about five minutes afterwards—the first thing Hughes did afterwards was to throw the purse into the fire—I did not see how much he gave to Monger—I saw three, if not four half crowns—I did not see how much other silver there was—when Hughes took this money out of Gibson's pocket, Gibson was not standing up—Hughes took hold of him, and pulled him off the seat—he was on his knee.
MR. PAYNE. Q. How was the old man's face? A. Towards the ground CHARLES PORTER (policeman. N 335). I received information from Gibson, which induced me to take of Hughes—I told him Gibson had been to me, and told me he had robbed him of money to the amount of 8s.—he made no observation.
NOT GUILTY .
Before Mr. Recorder.
MR. CLARKSON conducted the Prosecution.
HENRY WANGER . I am a former, and live at Chingford Hatch, in Essex. On 18th April, I saw the two prisoners at the back of the Warren, between 3 and 4 o'clock in the afternoon—they walked up towards Mr. Fenton's, who is a farmer at Chingford—his house is close by the Warren—I saw the prisoners run after the fowls—one flew away; the other they chased, and Field knocked it down with a stick, and one of them, I think it was Field, picked it up, and carried it away in a handkerchief—they went away together up the road towards Chingford-green—I was about a quarter of a mile off.
COURT. Q. Can you tell a man's features a quarter of a mile off? A. I did not see their features—I saw their dress—I know it was them, because the constable took them—my brother was going towards the green; I told him to give information to the policeman.
THOMAS HOLDEN (policeman, N 346). I am stationed at Chingford—I received some information about 4 o'clock in the afternoon on the 18th—in consequence of that, I went with a brother constable after the two prisoners—I apprehended them at Edmonton, which is about two miles and a half off—they were' together—this fowl was lying on the ground close to them, tied up in these two handkerchiefs—I told them they were charged with stealing a fowl from Forest-side, Chingford—Camp said he picked it up at Chingford Hatch—my brother officer took Camp; I took Field—he was very violent, and escaped from me; I caught him again—he was very violent, and I was forced to use my staff to him—I asked Camp where his pocket handkerchief was, and he said it was along with the fowl.
Cross-examined by MR. BALLANTINE. Q. Have you inquired who these lads are? A. Yes; one is a groom; Field is a gardener—I believe they were both out of service when I took them—Field has got a place since, I believe.
NOT GUILTY .
MARY ANN BEDFORD . I am single—I live in Marsh-gate-lane, Plaistow, in Essex. On Saturday night, 21st April, I was standing at the gate of Bell's factory, in High-street, Stratford—I had a half crown in my hand—I was buying a trotter of a woman, and was offering the half crown to her to pay for it; she had not change to give me—the prisoner came behind me, and
snatched the half crown out of my hand—she took it over my right shoulder—she put it in her bosom—I asked her to give it me back, and she said she would not—I asked her again, and she said if I asked her any more she would give me a black eye—she at first said she had not got it—I asked her again, and she struck me three times on the left side of my head—I did not owe her anything at that time; I had before paid her 4d. for a trust—I had bought oranges and apples of her in the week—I had paid her out of a shilling—she did not say that I owed her 8d.; I am sure of that—I had paid her the 4d. not five minutes before—I had to pay a halfpenny for the trotter—I had to change the half crown to pay for the trotter, because I had given the 8d. out of the shilling to another little girl.
ELLEN BUTLER . I was at Stratford on that Saturday night, standing at the gate of Bell's Factory with the last witness—I saw the prisoner take half a crown out of her hand—she reached her hand over her right shoulder and took it—I heard Bedford ask her for it, and she said she had not got it—Bedford asked her again, and she said she would give her a black eye—she asked her again, and she struck her—I did not hear the prisoner say that Bedford owed her 8d.—Bedford had paid her 4d. just before—the prisoner did not say anything about Bedford owing her 4d. more.
JAMES HOY (policeman, K 433). I was on duty in High-street, Stratford, on Saturday evening, 21st April—I went to the gate of Bell's factory, and saw Bedford bleeding from the nose—the prisoner was there—the witness said that the prisoner struck her, and also that her son struck her and ran away, and also that the prisoner snatched a half crown from her hand—I asked the prisoner why she did it; she said she did not snatch it from her hand—when I first asked her, she said she did not do it.
COURT. Q. But you said to the Magistrate, "I asked the prisoner what she did it for, and she gave me no answer"? A. She gave me no satisfactory answer—I took her into custody, and conveyed her to the station—m taking her, she denied that she had the half crown—at the station, she sat down and began to fumble about, and the sergeant took a purse from her with two half crowns in it—I did not tell her to return the half crown—this statement was read over to me—I signed it—it was correct—(The witness's deposition being read, stated. "I asked the prisoner what she did that for—she gave me no answer—I asked her to return the half crown—the said she would not—she would stick to it")—I asked her why she did it; she said that she had not the half crown—she said what money she had she would stick to—that was before the money was produced—she did not say anything about the girl owing her 4d
JAMES HANDS (police-sergeant, K 21). I was in charge at the station when the prisoner was brought there—I could not see that she was in liquor—she appeared stupid—I could not detect that she had been drinking—she said she had got no half crown about her—I asked the girl what she had done with it; she said she had put it in her bosom—I sent for the female searcher, and I saw the prisoner turn round, and she had got one band in her bosom, and the other hand was tying her shoe—I saw that she put something in a bag—I took the bag from her hand, and found in it two half crowns—she did not say anything about the girl owing her money—she had got a half crown from Ellen Butler, which she had given her to take 5d. and she would not give the half crown to her.
only to say that I was going to give them their money back; I had had a drop.")
Prisoners Defence. I met the prosecutrix, and asked her for 8d. she owed me; she paid me 4d., and said she would not pay me any more; I saw a half crown in her hand; I took it, and said I would keep the other 4d. out of it; she called a policeman, and took me into custody; I said I would not give it up till I got to the station; I am a poor widow woman, and get my living by selling fruit; I throw myself entirely on the Court.
GUILTY. Aged 48.—Recommended to mercy by the Jury. — Confined Three Months.
MR. RYLAND conducted the Prosecution.
JOSEPH BELL . I live at Plaistow, in the parish of West Ham, and am store keeper, in the employ of Charles John Mare, ship builder, of Blackwall; he has no partner, but trades under the name of Mare and Co. On 21st April, about half-past 9 o'clock in the morning, I missed some gutta percha straps which were used for the machinery—the prisoner was in the employment as strap maker—in consequence of something that passed I caused him to be taken into custody by Metcalfe, the policeman, who produced the prisoner's boots, which were soled with gutta percha—I heard the inspector ask him where he got the gutta percha from, and he said, "I have taken it"—the inspector asked him if he had any more pieces at home, and he said, "I have one"—the inspector requested the sergeant to proceed to the prisoner's house and search—he did so, in my presence, and a bundle was found containing seven pieces of gutta percha and four leather laces—I did not hear what passed—the sergeant will explain that—the prisoner's boots were taken off, and there was gutta percha on the soles—the laces are similar to those used by the firm in lacing the bands.
Cross-examined by MR. RIBTON. Q. How long has he been in the employment? A. Three years—he works under a foreman, who has charge of the gutta percha—there are large quantities in my care in the store room—the prisoner sews it together after it is cut for him—there are waste pieces lying about—the prisoner said at once that he had taken it, but he did not say from the store room—when he said he had one piece at home, he put his hand out, and said, "About so long"—I am positive he did not say "some pieces"—the foreman is here; his name is Alfred Frances.
JOHN WILLSON METCALFE (policeman. K 7). On the morning of 21st April I was sent for—I am employed on Mr. Mare's premises—the prisoner came, with a foreman, to the police office in the yard—I said to him, "How do you account for the gutta percha on your boots, there has been some lost?"—he said, "I took it from the shop"—I asked him if he had taken any more—he said he had taken one or two pieces, which were at home—I asked him, "From one shop?"—he said, "From the workshop"—I went to his house, and while I was searching a box in the corner of the room, containing some shoemaker's tools, I saw his wife standing close to another woman outside the door, in the act of passing something towards her in a bundle—I laid hold of the bundle, and found it to contain these pieces of gutta percha and four leather laces—I showed them to the store keeper, who said he believed them to be Mr. Mare's property.
(The prisoners statement before the Magistrate was here read, as follows:
"I have nothing to say; I hope You will be as lenient as you can; other men are employed in manufacturing in the same shop."
(The prisoner received a good character.)
NOT GUILTY .
Before Mr. Common Serjeant.
572. CATHARINE MAHONEY , stealing, on 23rd April, at West Ham, 1 pair of stockings, 1 table doth, 3 handkerchiefs, 1 pair of boots, and 3 spoons, value 5s.; the goods of Louisa Ann Howell, her mistress: to which she
PLEADED GUILTY . Aged 16.— Confined Four Months.
Before Mr. Common Serjeant.
MR. J. W. PAYNE conducted the Prosecution.
HENRY FREDERICK CAVE . I am a silver polisher, of No. 8, William-street, Manchester-square. On Easter Monday, about 7 o'clock in the evening, I was in Greenwich fair—I had my watch in my left waistcoat pocket, by an Albert guard—I was just turning round to one of the stalls in the centre of the fair, and felt something at my waistcoat pocket—I turned round and saw the prisoner's hand move from it, and his other hand moved behind me—I had looked at my watch not two minutes "before—I took him by the collar and told him that he had got my watch—he called me a false fellow, wrestled very much with me, and tried to strike me—a constable came up and took him in charge—when be found he could not get away, he turned round and asked me what was the value of the watch, and he would pay me for it—I told him it was entirely out of my hands, and he must take his chance—the watch has not been found—the chain remained hanging in my button hole.
Cross-examined by MR. COOPER. Q. Had you a female by your side? A. No, I had my brothers with me, but they were several paces in front of me—there were a great many people round the stall—the guard was fixed through a button hole of my waistcoast—the swivel was left, therefore the ring of the watch must have been broken through.
EDWARD GEORGE DOUGLAS (policeman, R 368). I was in Greenwich fair on Easter Monday, but was not on duty—my attention was called to a mob, I went up, and saw Cave with his hand on the prisoner's collar—he said, "This man has taken my watch," and gave him in charge—he resisted very much, and going along he looked over his shoulder and said to Cave, "What is the value of the watch, and I will pay you?"—he said, "It is entirely out of my hands; I have nothing more to do with it"—I took him to the station, and found 2(d. on him.
NOT GUILTY .
MR. PLATT conducted the Prosecution.
HENRY POOLE . I am a general dealer, of Harding-lane, Woolwich. On 4th May I gave my stepson, John Murray, a bag containing two half sovereigns, four halt' crowns, and ten shillings—one of the half sovereigns
was a very old one—he was to take the bag of money to Mr. Smith's foreman, the contractor at the dockyard—I owed him 2l.—my step son is only eight years old, and the prisoner is fourteen—she keeps a peppermint stall on market days, and the boy would have to pass it—after he had been gone some time the prisoner came to me, and told me that my son had lost half a sovereign out of the bag, and she might be accused of it—I said, "It is very likely you have taken it; it is very odd that you should know anything about his losing the money"—she then called me a very bad expression, not fit to be made use of—she said that she had the bag, looked in it, and tied it up for him again—after she had gone the boy came home, and said that he had lost half a sovereign—I went with him to the prisoner, and she said that she knew nothing at all about the half sovereign, but that she took the bag of him and tied it up—I have not seen the old half sovereign since—the boy brought back all the rest of the money.
JOHN MURRAY . I shall be eight years old on 16th May; I am stepson to Mr. Poole—he gave me a bag one Friday with money in it—I did not see the money put in, but I felt that there was money in it—I was to take it to the dockyard—as I went past the prisoner's stall she came up to me without my speaking to her, and took the bag out of my hand, opened it, and counted the money—she took it all out into her hand to count it—I did not see whether she took any; I thought she put it all in the bag, she tied the bag up again, and I thought it was all right—I took it, went to the dockyard, and gave it to the person whom I was told to pay it to, and he complained of the amount being wrong—no other person but the prisoner had touched it—I did not give her any money out of the bag, or take any out—if anything was taken it was without my consent—I did not tell any body that half a sovereign was lost.
PENELOPE ELIZABETH LAW . I am single, and live in the Market-place, Woolwich. On this Friday, about 4 o'clock, the prisoner came into my shop and asked for 4d. worth of cakes to sell again—I gave her the cakes, and she gave me half a sovereign of George the Fourth's reign, very old, and very much worn—I would not give her change, because it was so very old and light, and gave her back the cakes and the half sovereign, and she left the shop, saying she must get change somewhere else.
JOHN PRICE (policeman, R 198). I consequence of information I received, I took the prisoner on the same evening, and told her that she was charged with stealing half a sovereign from the little boy, Murray—she said, "You may take me to the station, but you will not find it"—she told me at the station that she had taken the half sovereign home, and given it to the man she sold the peppermint for.
Prisoners Defence. I picked up the half sovereign just by the stall and took it home; the policeman kept it, and I never saw any more of it.
(The prisoner's statement before the Magistrate was here read as follows:—"I picked up the half sovereign, I took it to where I lived, and gave it to the man."
(The prisoner was further charged with having been before convicted.)
PARKER MORRELL (policeman). I produce a certificate of the prisoner's former conviction—(read—"Central Criminal Court. Mary Ann Dible, convicted Nov. 1853, of stealing two pairs of shoes and one pair of trowsers, of her master; confined three months")—I had her in custody—she is the same child—she gave her age on that occasion as eleven; that is nineteen months ago.
GUILTY . Aged 12.— Judgment Respited.
MR. CAARTEN conducted the Prosecution.
ELIZABETH GOODY . I am the wife of John Goody, of No. 5, Ann-street, Plumstead, a turner. On Monday, 23rd April, about half past 6 o'clock in the evening, I went to the shop of Mr. Munday, a butcher, in Woolwich—my little boy, between five and six years old, was with me—I bought some meat outside the shop, and then went in to have it weighed—there was nobody in the shop then but Mr. Munday, but the prisoner followed in after me—I took out my purse, which contained half a sovereign, a 2s. piece, half a crown, one shilling, sixpence, a 4d. piece, and a watch key, and laid it on the bench—the prisoner was then close to my left elbow, close to my purse—I had given Mr. Munday the money, and had the purse by the side of my basket—I did not keep my eye on the purse while I was giving Mr. Munday the money—he gave me a penny change, which I put into my pocket, took up my basket, and went out—when I got outside the door I missed my purse; I returned, and said, in the prisoner's presence, "Mr. Munday, you saw that I gave you the money out of my purse?—he said, "Yes"—I said, "I have at this moment missed it"—he said, "Look about, and see if you have dropped it"—I turned to the prisoner and said, "Please, Ma'am, have you seen anything of it?"—she said, "No, Ma'am"—I said, "I have lost my purse"—she said, "I will swear Mr. Munday has never been from the scale"—I said, "Have you seen any one pass in or out of the shop?"—she said, "No; and I will swear Mr. Munday has never been from the drawer?"—she then went out. and I followed her, and found her on the kerb, by the side of Mr. Munday's window—she had a basket, which I believe had a lid to it—I said, "I mean no offence; did You see my purse?"—she said, "No, my good woman; I pity you"—I said, "It must rest between you and the butcher"—she said, did I accuse her of it—I said, "No; I do not say you took it, but I must see further into it"—she said, "If you come near me I will smack your chops; I will floor you"—she eventually turned out her pocket, on my asking her, and there was nothing in it—nothing passed about her basket—a policeman came up, and I gave her into custody—as we went to the station my little boy gave me my purse—I did not examine it; I gave it to the policeman immediately—I afterwards saw it, and it contained the money I have stated—I can undertake to say that I did not take up the purse from the bench.
Cross-examined by MR. M'ENTEER Q. You and your little boy, the prisoner, and the batcher, were the only parties in the shop? A. Yes—I said to the butcher, "I must have dropped the purse in your shop"—when I applied to the prisoner, she at once showed her pocket—she also said that the butcher had not left the money drawer where he was standing—we were not twenty yards towards the station when my little boy gave me the purse.
MR. CAARTEN. Q. How far were you from the prisoner at the time the little boy gave you the purse? A. As far as from here to the other end of that table.
MR. M'ENTEER. Q. Were the policeman, the child, and the prisoner all going together when he gave it to you? A. Yes.
COURT. Q. How was it you did not miss it before you got into the street? A. Because I thought I had put it into my pocket.
7 o'clock, I was opposite Mr. Munday's shop, and saw the prisoner taken into custody; she had a basket with a lid to it in her hand, in front of her—as she went along, I saw her open the lid of the basket, and then put her hand down underneath her shawl, and then I saw a purse drop from her—the little boy picked it up, and gave it to his mother, who was a rod off—it could not possibly have dropped from the prosecutrix—I was in the road, about two yards from the prisoner, and have no doubt that it dropped from her.
Cross-examined. Q. Were you meeting or following her? A. I was coming up the street at the side of her—I was in the road, and she was on the path; the policeman had hold of her arm, he was between me and her—I was about a yard from him—I could at that distance say that the basket had a cover, because I saw her lift it up—I was a very little in front of her, and turned round to look at her—I did not see her take anything out of the basket.
WILLIAM THORNE (policeman, R 126). The prisoner was given into my custody—as I was taking her to the station, Mrs. Goody handed to me this purse and contents (produced), the prisoner had a basket with a lid to it—I took her to the station.
Cross-examined. Q. Was the prisoner close to you? A. I was on the pavement—I did not see her take the purse out of her basket—I never saw it till it was in my hand.
(The prisoner received an excellent character.)
NOT GUILTY .
MESSRS. BODKIN and DAWSON conducted the Prosecution.
JOHN WEST . I keep the Marquis of Granby, in High-street, Woolwich. On Saturday, 7th April, the two prisoners came to my place together—Osmond called for a pot of beer—he tendered a shilling, my wife took it up and turned round, and handed it to me—it was bad—I bit a piece out of it—Osmond then pulled out a lot of halfpence, and was going to pay me, but a witness said, "There is a bad half crown amongst those coppers"—he took it out and handed it to me; I bit a piece out of that—I do not know that Osmond said anything, but some one who was there, said, "Here is another bad shilling"—I turned and saw another bad shilling, and I took and bit a piece out of that—I threw these pieces on the table, and when I found there were three pieces bad, I threw the whole of them into the fire.
Osmond. I do not know this other man at all. Witness. You came in together, and sat down together, and talked together.
JAMES PRINDIBLE . I was in Mr. West's public house; I saw the prisoners come in, Osmond called for a pot of beer, he chucked down a shilling on the bar—the landlady looked at it, and gave it to her husband—Osmond took a good deal of copper out of his pocket, and amongst it was a bad half crown—I took it and chucked it down on the counter—I then saw another shilling was bad, and I ran and got the policeman—the prisoners were together, and when Osmond gave the bad shilling, Ryan said to Osmond, "You have got some more money, pay for it"—Osmond then took this money out of his pocket, and I saw the bad half crown and the shilling.
Ryan. Q. Was this man before or after me? A. He was about half a step before you—you both came in together.
JAMES SARTAIN (police-sergeant, R 4). On that Saturday, I went to the house, and found the two prisoners in front of the bar—I took Osmond—another officer took Ryan—I asked Mr. West if he would charge Osmond, and he said he would not; I took him—I found on him 12s. in good money, and three counterfeit shillings—I called his attention to it—he said he had taken a sovereign for wages, and he went to a public house and changed it, and he could not account for the bad money, only having taken it there.
Osmond. Q. Do You know I am employed in the Government factory? A. Yes; nothing is known of you there, but as a labouring man.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint These three shillings found on Osmond are bad, and from one mould—these eight shillings found on Ryan are bad, and seven of them are from the same mould as Osmond's—it is not possible for a person to bite good silver as Mr. West has stated—certainly not.
Ryan's Defence. I gave a woman a half sovereign, she brought me the silver in change.
RYAN— GUILTY . Aged 40.
OSMOND— GUILTY . Aged 33.
Confined Eighteen Months.
RICHARD BOLTON . I am a groom, employed at the Crystal Palace stables. On 2nd Dec. I was in the service of Mr. Hugh Worthington Statham, of No. 16, Belmont-place, Wandsworth-road—on that evening I was at the Queen's Arms, in Nine Elms-lane—the prisoner came to me there about 10 o'clock—I knew him before—he said, "Dick, will you lend me the key of your stable for a minute? I have got a saddle and bridle at your stable door, and I want to leave it there"—I lent it to him, and he went out with it directly—he said he would bring it back in about five minutes—he did not come back—I waited for about a quarter of an hour, and then went round to the stable, which is in Lawn-lane, South Lambeth—I found the stable door pulled to—I pushed it open—it was dark—I felt in the stall, and the horse was gone—I struck a light, looked round, and found the key thrown just inside the door—the horse was my master's, and was worth about forty guineas—there was no saddle and bridle left in the stable—I went and made inquiries at the toll gate, and then informed my master about three quarters of an hour afterwards—I lost my situation in consequence of this, and left about a month afterwards, when my master was suited—I then worked on the South Western Railway, and then went to the Crystal Palace, and while I was there, on 20th April, I saw the prisoner there—he was employed with a great many more men that were taken on that day—I said nothing to him, but was turning round to go for a policeman, and the prisoner said, "For God's sake, don't go and get a policeman!"—I had not said a word to him about a policeman before that—I said I should go and fetch a policeman—he said, "For God's sake, don't! for I have seen Mr.
Frail, and he has forgiven me, and I hope you will do the same; if you get a policeman they will send me to prison, and it will be the ruin of me"—Mr. Frail was the prisoner's master at that time—I did not know then that he was in Mr. Frail's service—I had not seen him for three months—I did not give him in charge, because he said he had seen Mr. Frail, and Mr. Frail had forgiven him, and he hoped I should forgive him; that he was sorry he had done it, and he could not think how he could be such a fool as to do it—my master got back the horse on the Tuesday evening following.
Prisoner. Q. You say I came to you at the public house at 10 o'clock; was it not 9? A. It was 10, as near as I could judge—I was not playing cards—the railway men were playing, and I was looking over them—you did not ask me to lend you the key to let two men sleep in the stable, and that one of them had a saddle and bridle to put in—you did not come back to me and play cards with me for an hour—I was not playing cards at all—I had not seen you for three months before—you did not sleep there three weeks before—when I saw you at the Crystal Palace you were in the stables—I did not say to you, "It is a bad job for me, is it not?"—you did not say, "What on?" nor did I say, "The horse," and you did not say, "What horse?"—when I was first before the Magistrate, at Wandsworth, I said that I had not seen you from the time you borrowed the key till I saw you at Wandsworth, but the next day I told him I had seen you at the Crystal Palace—the examination was very short the first day, and it slipped my memory at the time; I was looking back to the time when the horse was stolen—I am certain you said that Mr. Frail had forgiven you—you said it over and over again, a dozen times at least—I did not speak to you till you spoke to me, and asked me to have a drop—I did not say that if you were taken, it would get me into a scrape, for it was through giving you the key that the horse was taken—you said you were very sorry for what you had done, and if you went to prison it would kill you—I did not say anything to your brother about the horse—I said nothing to him about any men taking my clothes—I do not recollect letting any men sleep in the stable—I let you sleep there, because I had known you for some time previous.
PETER FRAIL . I am a veterinary surgeon, at Croydon. The prisoner was in my service for a short time—on Friday, 1st Dec., I sent him to Tattersall's with some horses to sell, and to attend to them while they were there—he had a saddle and bridle with him—he was to remain there till Monday night, the day of the sale, and then to come back again—it was his duty to bring back the saddle and bridle—on the Sunday morning following 3rd Dec., I found a horse in an odd stable in the yard—it is a public yard—there had been no horse in that stable before, that I know of—there was also a saddle and bridle on the corn bin—I believe it was the one I had sent with the prisoner, but I could not swear to it—on that Sunday evening the prisoner came to the King's Arms, adjoining the yard, where I was, and wished to see me—I went out to him, and he asked me whether there was not a strange horse come down for me to see—I told him there was a horse come down, but I could not think where it had come from—he said it belonged to a farrier who had got it for sale, and he had also got a pony—he said he thought the horse would suit me, and whether I would buy it—it was there with the understanding for me to purchase it; I understood him so—he said he thought it would suit me, from which I understood he meant to ask if I would buy it—I tusked him what he thought they wanted for it—he said he should think about 15l. or 16l.—I said I thought it was
very cheap, and he had better let me see the man it belonged to in the morning—he said he would bring him down in the morning about 10 o'clock—I stayed at Croydon till half past 10 or nearly 11, and then I started for Tattersall's—I had ordered the horse to be locked up before I started, and next day I delivered it to the constable, Dendy—I never saw the prisoner again till he was in custody.
Prisoner. I did not have the saddle and bridle on the Friday morning that I went to London. Witness. To the best of my knowledge, you did, but my man can prove it, because he started you early in the morning—I did not see you start—you had a horse to take from the Fox and Hounds, and two from my yard—you told me the horse belonged to a farrier that you used to work for at the time you lived with a Mr. Ray, that he had got it for sale, and that it had been going in a gentleman's brougham—I do not know how the horse came.
WILLIAM HUTCHISON . I am groom to Mr. Frail. I recollect the horses being sent on the Thursday, and the prisoner was to go on Friday to take them—I did not see him start—I went home, and gave a saddle and bridle to a man named Paget, who is not here—I afterwards saw that saddle and bridle in the stable at my master's, where the strange horse was—the only other horse there was one which he took away in the morning—I saw the saddle and bridle about half past 5 o'clock on Sunday morning.
RICHARD EDWARDS (policeman, V 157). On 2nd April, in consequence of information I received, I went to the World's End public home, Chelsea, and saw the prisoner in front of the bar—I was in uniform, and without my speaking to him he ran into the back yard, into the stable, and got under the manger—I told him to come out, and that he must go with me on suspicion of stealing a horse from Dr. Statham—he said, "I know nothing about it"—I asked him if he knew how it came to Mr. Frail's—he said that he did not.
GUILTY . Aged 23.— Four Years' Penal Servitude.
MR. ROBINSON conducted the Prosecution.
WILLIAM HENRY OAKS . I live at Merton-bridge, Wimbledon, Surrey, and am a linendraper. I have known the prisoner for many years as a person living in the neighbourhood—on 13th Sept. I had a gelding for sale—the prisoner called at my shop that morning, and asked me if I had sold my nag or cob—I said No, I had not, I did not care much about selling it, but I had had many applications about it, it was a horse that was very much admired—(the prisoner had been to me about three months before, and spoke about a gentleman wanting a horse)—he said, "Do you mean selling it?"—I said, "Yes"—he said, "What will you take for it?"—I said, "30l. "—he said, "Will you?"—I said, "Yes"—I had been wanting 40l.—he went away, came back, and said, "I have been down to Gibson, and there has been a gentleman's groom inquiring if I knew of a horse for sale answering the description of yours, and I think it will suit him"—I know Mr. Gibson; he is a veterinary surgeon, and has attended my hone—I asked the prisoner if he thought the horse would suit, because it was out at grass—he said, according to the statement the man gave, he thought it
would suit to run in a four wheeled chaise—I said I could hardly spare the time to go for him, he was in the field—he said, "Send the boy for him"—I said, "He wants grooming"—he said, "I will give him a rub"—I sent my son for the horse, and it was groomed by the prisoner—he said, "I think the horse will do; the boy may as well put a stamp in his pocket, and then if the gentleman buys it, he can give him a receipt and bring you the money"—I said, "Do you think it is likely he will buy it?"—he said, "Yes, I think there is very little doubt about it"—I got a stamp, and the boy put it in his waistcoat pocket—I put the boy on the horse—I told him to take it to next to Lady Foster's, according to what the prisoner said, and not to part with it to any one but the gentleman—the prisoner said, when he got there the gentleman might very likely want to have him shown off a little in a dog cart, so the boy could give him a ride in the cart—the prisoner was to show him off in the dog cart, if required, but the boy was not to leave it at all—they came round to the front of the shop—I heard the boy say to the prisoner, "Where shall I meet you?"—he was going to cut off in a hurry, boy like—what answer the prisoner made I do not know—he said the gentleman lived at the next house to Lady Foster's, where the horse had previously been for sale—they then went away—in two or three hours the boy returned without the horse or the money—I was vexed with him, and sent him back again—I afterwards gave information to the police—it was near upon three months before I saw the horse again—it was then in the possession of Mr. Charlton, of Brentford—it was given up to me in the presence of Mr. Barber—I never saw the prisoner again until he was brought before the Magistrate, one day last week.
Prisoner. Q. Who brought the horse up out of the field? A. My boy—I forget whether you went with him—my boy rode the horse into my yard—I would not trust it with you—you said it was a valuable horse, and if you were me you would not trust him into anybody's hands—I did not say that I wished my son to ride him through the village, because I did not want the people to know that I was selling it—you went through the park, that was the arrangement—you wanted to get on the horse in the yard, and I said, "No, the boy shall take it," and he went in doors and got his riding whip—I know of no reason why the horse was not taken through the village.
WILLIAM HENRY OAKS , Jun. I recollect the prisoner being at my father's house, on 13th Sept., about this horse—my father directed me, in the prisoner's presence, not to let the horse go without the money—I was to ride the horse to Wimbledon-common—I heard nothing said about who was to purchase it—my father gave me a stamped receipt—I rode the horse towards Wimbledon-common—the prisoner walked behind me—when we got to Haydon's-lane, about half a mile from home, the prisoner told me to stop—it is a lane, with a hedge on each side—the hedges are very high in some places—he beckoned to me, and I waited till he came up—he took the horse's rein, and said I was to get off—I said that my father said I was to ride—he said he had made agreement with father that he was to ride, and I was to walk—I objected to that, and did not get off at first, and he took hold of my arm, and almost forced me off—he then got on, and was going away, and told me I was to meet him at the white houses—I asked him where the white houses were—he said, "On the common, next door to Lady Foster's"—I asked him for the gentleman's name, and he said, "Oh, Mr. Splitters"—he then said the horse would have to move faster—it did move faster—he cantered him just a little way from me, and then galloped—I
waited on Wimbledon-common for two or three hours—I made inquiry for Mr. Splitters; I went to all the houses, and found nobody of that name—I then went home—my father sent me back again—I did not find the horse—I should say it was about half past 10 o'clock in the morning when the prisoner parted with me.
Prisoner. Q. Who fetched the horse out of the field that morning? A. I did—I forget whether you went with me—the field is about 150 yards from the house—we were to go through the park to Wimbledon—I do not know why we went that way—I did not hear my father say anything about not wishing the people in the village to know that he was going to sell the horse—you called to me once or twice before you pulled me off the horse—you did not ask me to get off till we got to the quicks—I was trotting on, and asked you where I should meet you, and you said, "Oh, I am going with you to show you the way"—you caught hold of my arm, and would have pulled me off if I had not got off—we had met Mr. Chandler, a gentleman's coachman, just before—I did not see a postman.
WILLIAM MILLS BARBER . I am a job master, and live at Langley Broom, near Slough. On 13th Sept. I was in front of Aldridge's Repository, in St. Martins-lane—I was going in to buy a horse there, about half past 11 o'clock—I saw the prisoner in front of the gates, standing by the side of a horse that he had for sale—he asked me if I would buy it—I looked at it, and told him it was decidedly too small, and I should not think of buying it—the horse was cool then, but it had been sweating, and he said he had ridden it up from Merton-gate; that he had taken it to Robinson's Repository, and he could not get room for it, and he had brought it there to see if he could sell it—he did not go inside—I left him, and went in to see the horses sold that I had marked out—I could not purchase one; they fetched more than I could give; and as I came out again, in an hour or two after, the prisoner hailed me, and asked me again to buy the horse—I said, no, I should stop and see one more sold first—it fetched more money than I meant to give, and I came out again, and was going to get some dinner, when he hailed me again, and asked me to buy the horse—he said, "You had better buy it; it is worth the money"—he had asked me 17l. for it—I said it was too small a horse for me; but when I had seen the other horses sold, I was more induced to listen to him—he said he would sell it at a fair price—he said, "I will sell it if I can, if you like to offer me a price"—I asked, "Who are you? where does the horse come from?"—he said, from Mr. Childs, his father, who was a gardener, at Wimbledon—he said he had had it at a twelvemonth old, and it was then four or five years old—I said I would not buy it without seeing it in harness, and he gave a man a shilling to put it in harness—I said, "It is no use to me, being small; I will give you 14l., or I will go to Wimbledon to-morrow, and buy it of your father"—he said, "Well, I will sell it to-night, for I had as much as that offered me on my way, and I shall leave it as I go back;" and, wanting one particularly, I bought it for 14l.—I would not buy it without his giving me a written warranty with it (because it had a bad throat), and a receipt for the money, nor till I had ascertained that he was young Childs—two or three persons there told me that he was young Childs, and then I took it—this is the receipt—(read—"Received of Mr. Barber, 13th Sept, 1854, the sum of 14l., for a brown gelding, warranted sound, and quiet to drive. James Martin Childs")—the horse was bad all the time I had it, with a sore throat and cough—I had a veterinary surgeon to it for about a month, and it got round; and then I sold it to Mr. Charlton, of Brentford—I afterwards
heard that the horse had been stolen, and I went to Brentford, and saw the same horse given up.
Prisoner. Q. Who was the young man that was with me? A. I do not know; I had seen him once before; he was then a runner at the new repository—it was you who asked me to buy the horse—you would not leave the horse's head, and you asked the other man to beckon me over—I first saw you as I was going into Aldridge's—a policeman told you to go away; he would not have you show a horse off there, and we went up the street—there was no one in particular with me when I bought the horse—there were several persons about, and I asked them if your name was Childs, and they said, "Yes"—I do not know who they were; they were persons I saw about the yard—the other young man spoke to me about the horse, and he put it in the cart to try it; it was a cart that was standing at a public house, with a pony in it—you stood talking to me while the other man drove the horse, and you said, what a nice, quiet horse it was—I wrote out the receipt, because you said you had got a bad hand, and you would sign it if I would write it out—it was done in the public house—a great many persons were there at the time—I think I gave you the 14l. all in sovereigns—I did not receive anything back—I do not know whether I stood a glass of something to drink—you were quite sober—I did not give the other man anything.
JOHN DENDT (policeman, V 93). I have known the prisoner for some time—I received information about this horse on 13th Sept, and looked after the prisoner—I could not hear of him—he formerly lived as coachman with Mr. Hicks, of Clapham-rise, seven or eight years ago—I heard that he had been residing somewhere in the neighbourhood of Tooting or Merton—on 20th April I was near the Crystal Palace at Sydenbam, and saw the prisoner at a coffee shop there—it was the day the Emperor was there—I told the prisoner that he was charged with obtaining a horse, under false pretences, from Merton or Tooting—he said, "I bad the horse, but you will not be able to make a case of it"—on the road to the station, I told him that I had heard he had sold the horse in St. Martin-lane—he said, "I did not sell the horse, nor did I give a receipt for the money. "
Prisoner's Defence. I do not disown having the horse; I had had it for sale previous to this several times; I did not mention to Mr. Oaks where I was going to take it that morning; I said I knew a party that would most likely buy it; I went to a coachman; he was not at home, and I thought I would go to town with it; I did not intend to be away long; I went to St. Martin-lane; I saw the man, and said I had a horse for sale; I was drinking, and was very nearly tipsy; I told the man I had to take Mr. Oaks back forty guineas for it; I never offered the horse to Mr. Barber for sale at all, till I got near drunk; I said, "I must take Mr. Oaks home 30l. for it;" he said, "I can't give you as much as that; come inside; I will write out a receipt, and you shall have 25l. for the horse;" I went inside, and was drinking with him; the man who was with me took the money, and put it in his pocket; he left me drunk in the public house, and went away with the money.
(The prisoner was further charged with having been before convicted.)
ROBERT HANNAN (policeman, 171). I produce a certificate—("This certified the conviction of James Martin Childs, at the Surrey Sessions, in Feb. 1854, of larceny, and that he was sentenced to four months' imprisonment")—I was present at the trial—the prisoner is the man.
GUILTY. Aged 28.— Six Years' Penal Servitude.
Before Mr. Common Serjeant.
579. EDWARD FITZROY , stealing 1 coat and other articles, value 2l. 19s. 6d. the goods of George Brown: also. 2 10l. bank notes, 13 spoons, and other articles, value 5l. the property of William Hale, in his dwelling house: to which he
PLEADED GUILTY . Aged 24.— Confined Twelve Months.
BLAKE PLEADED GUILTY . Aged 15.
LAMONT PLEADED GUILTY . Aged 18.
M'LAREN PLEADED GUILTY . Aged 18.
Confined Six Months.
MESSRS. POLAND and SALTER conducted the Prosecution.
ROBERT HAVERCROFT . I am assistant to Mr. Waring, a chemist and druggist, in Walworth-road. On Sunday, 1st April, the prisoner came about a quarter past 10 o'clock at night—I served him with 2d. worth of pills—he tendered a half crown—I took it to Mr. Waring, in the parlour adjoining the shop—Mr. Waring returned with me into the shop, and he said to the prisoner, "If it is a bad one, I will make an example of you"—the prisoner ran out of the shop—I ran and overtook him, and gave him into custody—Mr. Waring kept the half crown.
Prisoner. Q. When I gave you the half crown, what did you do? A. I suspected it was bad—I took it into the room—Mr. Waring said it was bad in my presence—you offered me good money before you ran out—Mr. Waring did not swear at you, and call you a vagabond, before you left the shop.
WILLIAM WARING . On Sunday night, 1st April, I was in the parlour at the back of my shop, about half past 10 o'clock—the last witness brought me a half crown—I examined it, and found it bad—I weighed it against a good one—the prisoner was there—I asked him where he came from; he said from Gravel-lane—I said he had no occasion to come so far for a couple of pills, and I should make an example of him—he offered me a good shilling—I refused it, and he ran away—he was brought back, and I gave him into custody—I gave the half crown to the officer.
RICHARD CHEESEMAN (policeman, A 469). On 1st April, the prisoner was given into my custody, in the Walworth-road—I took him to Mr. Waring's shop, and he gave him into custody, and gave me this bad half crown—I found on the prisoner one good shilling—on Monday morning, the prisoner was taken before the Magistrate; he was remanded till the 7th, and was discharged, this being the only case.
NICHOLAS PURCELL . On 11th April, about 2 o'clock in the afternoon, the prisoner came to my shop for a pint of peas, which came to 3d.—he paid me with a half crown, and went away—I had my doubts about the coin, and followed him—I saw him join two other persons—I gave him into custody—when he was taken, he was the distance of seven lamp posts from my house, distant about 100 yards each.
Prisoner. Q. When you got the half crown, what did you do with it? A. I tried it with my teeth—I doubted whether it was bad; I did not say positively—you joined two persons just as you crossed from my house—I was obliged to get in a cart to pursue you, as I was under a doctor at the time—my eye was off you while I got in the cart—I could not mistake you for another man.
JAMES ALDRIDGE (policeman, V 78). I received the prisoner from the last witness on 11th April—he gave me this half crown—the prisoner said he had not been near Mr. Purcell's house—I asked him for his address; he refused to give it.
Prisoners Defence. I uttered the first half crown; I did not know it was bad; I offered to pay with a good shilling, but he would not take it; he told me I was a d—vagabond, and he would make an example of me; as to the last one, I know nothing about it; I had been out with a lad, and when I just reached Kennington-common, this man came and took me; I was never in the man's shop in my life.
GUILTY .** Aged 19.— Confined Twelve Months.
STEVENS PLEADED GUILTY . Aged 17.— Confined Twelve Months.
MESSRS POLAND and TALFOURD SALTER conducted the Prosecution.
JAMES TARRY . I live in St. George's-place, Walworth-road. On 23rd April, about 6 o'clock in the evening, I was coming out of my warehouse, and saw the three prisoners walking along together—about half an hour afterwards, as I was returning to my warehouse, I saw Nash go into Mr. Colson's shop, about thirty yards from where I had seen them all together—when Nash went into Mr. Colson's, the other two prisoners were on the opposite side of the way—I went into a shop near to Mr. Colson's, and soon afterwards Mr. Colson came into the shop where I was, and asked for change for a 5s. piece—I gave him the change, and I told him to go in, and I would follow him—I put the crown piece in my mouth, and found it was bad—I followed Mr. Colson to his shop, and found Nash there—I saw Mr. Colson give him the change, and Nash left the shop—I crossed the road, and followed the two female prisoners—they went in the same direction that Nash did, but on the opposite side of the way—I heard Stevens say to Price, that I was after him—I crossed the road to speak to a constable—Nash went down Hanover-street—the two females followed me—when I had spoken to the constable, I went and caught Nash—I took hold of him and said I wanted him—he did not say anything to me—Stevens ran away—Price came up to me, and said I should not take Nash—I said I wanted her as well—she said I should not take her—I gave her into custody to the policeman, and I gave him the counterfeit crown—my brother was with me while I was going after the prisoners.
Cross-examined by MR. O'BRIEN". Q. What are you? A. A cheese manger—I went into an oil shop, because I thought I should be near to Mr. Colson's shop—I was out of my own shop, and in the Walworth-road, when I first saw the prisoners pass—it is not a very lonely place; it is not unusual for three persons to walk together in the road—when I gave the change for the crown piece, I did not know it was bad—the oilman was there—I was not asked for the change, I volunteered to change it—I did not know it was bad at that time—I knew it was bad before I left the oil shop, in about a minute after I had it in my possession—I put it in my mouth and found it was soft—I made an indentation on it—I left the marks of my teeth on it—I do not know how many marks I made—it was that which enabled me to guess it was bad—I had a suspicion of its being bad when I changed it—I changed it for the purpose of getting it in my possession
—after Nash came out I followed all the three prisoners—I was not on the same side as Nash was—I looked at him—I was behind him—the two women were on the same side as I was; I was following them and kept my eye on Nash—I did not see the three prisoners together after Nash came out of the shop—Nash went down Hanover-street—the women were then some distance behind him—they turned down Hanover-street—I had passed the women, and was between them and Nash—my brother was following them from my father's shop—my brother did not go into the oil shop with me—he did not go into Mr. Colson's—he was not with me when I took hold of Nash—I had spoken to the policeman before I seized Nash—I met the policeman in Hanover-street—I did not give Nash in charge to the policeman, I seized him myself, and when the woman came up I told her I wanted her—she said she should not go with me, she should go with the policeman—Nash did not appear to be ill—he did not complain.
MR. SALTER. Q. Was the shop which Nash went into, nearer to the shop which you went into than your own warehouse? A. Yes—I gave the change—I did not have any conversation with the gentleman in whose shop I was before I gave the change—I did not know the coin was bad when I changed it, but I had some suspicions, and those suspicions were increased when I bad it in my own hand—the women stopped opposite the shop during the time Nash was there, and they walked off in the same direction as he did when he walked off; and they were on the same side of the way in Hanover-street.
JOHN COLSON . I keep a confectioner's shop, in Warworth-road. On 23rd April, Nash came in between 6 and 7 o'clock in the evening—I served him with three penny pies—he tendered me in payment a 5s. piece—I had not change—I went to Mr. Flack's, the oil shop, for change—when I got there Mr. Tarry was there, and he gave me change—I went back to my shop, and found Nash there—I gave him the change—I did not know that the crown was bad till after Nash had left.
Cross-examined. Q. How long had you returned to your shop before you saw Mr. Tarry? A. About five minutes—I did not see him put the 5s. piece in his mouth—when I went to the oil shop for change I saw Mr. Flack; he was talking to Mr. Tarry—I had no idea that the crown was bad till Mr. Tarry came to me—Mr. Tarry came down with me to my shop before Nash had left—he did not say anything to me at that time about the money being bad—it was a quarter of an hour after that, before I heard that the 5s. piece was bad—I know Mr. Tarry's brother.
SAMUEL TABBY . I am brother of the witness. On that evening I saw ray brother come out of Mr. Flack's shop—I followed my brother because he was after somebody—I saw Nash in Hanover-street, and saw my brother detain him—I saw the women in Hanover-street—I saw Stevens run away, and throw a piece of paper over into a garden—I went over and got it, and gave it to the policeman.
JOHN CORFIELD (policeman, P 124). On Monday evening, 23rd April, I saw James Tarry in the Walworth-road—the prisoner Nash had just turned into Hanover-street, and the two women were also in Hanover-street—James Tarry spoke to me, and he took Nash—Stevens ran away, and I ran and took her into custody—she had been pointed out to me by Samuel Tarry—I brought her back—Price did not go away, another officer took her—I received this crown from James Tarry.
wrapped in paper—Price took hold of Stevens, and said, "You shan't take her, take me."
(Price received a good character.)
NASH— GUILTY .* Aged 25.— Confined Twelve Months.
PRICE— NOT GUILTY .
JOHN WOOD . I live at Newington. On Saturday night, 15th April, between 12 and 1 o'clock, I was going along Waterloo-road, near Granby-street, and saw the prisoner—she came up to me alone, but in three or four minutes, three men came up and knocked me down; they were all three upon me, and when I was down they kicked me on the jaw—while they were on me, I had the prisoner's hand in mine, with my watch in it, which had been in my waistcoat pocket, fastened by a metal chain, which I found broken—the men kept firing away at me as hard as they could—I had to fight very hard—I hallooed, "Police"—a policeman came, and the men ran away—I kept hold of the prisoner's hand, and gave her in charge, with the watch in her hand—I took it from her hand, and gave it to the constable—this (produced) is it; the chain remained with me.
EDWARD NEWTON (policeman, M 76). I heard a cry, went up and found Wood just rising from the ground, holding the prisoner's hand—he gave her in charge—when I was about a dozen yards off, I saw three men running away, two in dark coats, and one in light.
Prisoner. Q. Did you see any man with me? A. No, you were in custody when I came up.
Prisoner's Defence. I was by myself that evening.
(The prisoner was further charged with having been before convicted.)
I produce a certificate of the prisoner's conviction—(Read: "Elizabeth Moreland, Convicted June. 1854, of stealing a watch from the person; Confined nine months.")—I was present—she is the person.
GUILTY . Aged 23.— Four Years Penal Servitude.
ADJOURNED TO MONDAY, JUNE 11TH, 1855.