CENTRAL CRIMINAL COURT.
MOON, MAYOR. NINTH 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, July 2nd, 1855.
PRESENT—The Right Hon. the LORD MAYOR; Sir JOHN MUSGROVE, Bart, Ald.; Mr. Ald. SIDNEY; Mr. RECORDER; and Mr. Ald. FINNIS.
Before Mr. Recorder and the First Jury.
675. CHARLES WILLIAM WINCHELSEA BEVAN (see Eighth Session, page 164), was indicted for stealing, on 8th Dec, an order for the payment of 16l. 16s.—2nd COUNT, for stealing, on 23rd March, an order for the payment of 38l. 19s. 6d.—3rd COUNT, stealing, on 2nd June, an order for the payment of 17l. 17s.; the moneys of the Deposit and General Life Assurance Company, his masters.
MR. ROBINSON conducted the Prosecution.
STEPHEN CRACKNELL , Esq. I am a barrister, and a Director of the Deposit and General Life Assurance Company—that Company was established in the year 1851, I think, but we did not do business before the summer of 1852—the prisoner was appointed secretary to the Company about Aug., 1852, at a salary of 400l. a year—I frequently attended the meetings of the Board, as frequently as I possibly could—it was the prisoner's duty always to attend the Board—if he stated that money was required to pay any particular account, the course was for him to prepare a cheque, which was signed by the Board, and given to him to countersign, and give to the party to whom it was to be paid—up to July, 1854, we had no doubt whatever as to the prisoner's honesty—we signed cheques upon his statement that they were required—we did not rely upon his statement; he produced accounts showing that such cheques were required—the course of business is this: there is a committee of Directors, called the General Purposes Committee; that committee met the day before the Board; the secretary laid before the committee any accounts for which he required payments; if they were approved by the committee, the cheques were prepared ready for the Board the following day, and were generally signed by the Board without much discussion at the Board; when signed,
they were given to the secretary for his counter signature, and to be given to the parties—we had two bankers, Messrs. Hopkinson and the Commercial Bank—the prisoner's private banker was the London and County Bank—until the examination before the Alderman, I had no knowledge whatever of the minute about paying money in to his own banker's—that minute was on 15th Sept., 1853, during the long vacation, so that I was probably out of town at the time—on 22nd July, 1854, circumstances had come to my knowledge which led me to believe that certain cheques which he had had, had not gone in the course intended—spoke to the prisoner about those cheques, and one other cheque for 201l. 17s., which should have gone to Birmingham—the result of it was this, that I saw there had been some great irregularity in the matter, and I wrote, or caused to be written, a letter to the Company for whom those cheques were intended, and told him that if the reply to that letter should be of the character I expected, and which would show that the cheques had not been properly appropriated, I should feel it my duty to propose his dismissal, unless he rendered it unnecessary by resigning—he ultimately threw himself upon our mercy, and resigned—he gave in a written resignation—at that time I was not aware that he had done other than appropriated our money; I knew of nothing wrong but those particular transactions which I alluded to there—I did not in the least suspect him of dishonesty at that time; I thought it was mere irregularity; I thought he had done wrong, but I never suspected his honesty—I thought, in fact, that he had temporarily used our cheque with the intention of repaying it, without retaining it—his wife and family resided in the upper part of the house—he was allowed to remain on the premises for some little time—I have no recollection of a cheque for 30l. being given to him—I know nothing personally about the cheques in question, unless it should appear by the minutes that I was present when they were signed—(looking at a letter) this is the prisoners handwriting—(this letter was from Bevan to Thomas, dated July 1, 1854, in which the following passage occurred:—"Dr. Crocker will have a cheque next week for his fees without fail")
Cross-examined by MR. PARRY. Q. When did he come into your service? A. About July or Aug., 1852, I think it was—in July last, I had a conversation with, him about some cheques for 201l. 17s. 6d., 49l. 15s. 8d., and 31l. 16s.—I think the prisoner was tried for stealing those cheques at the last Session; he was acquitted—I gave evidence against him in reference to those three cheques—I was examined for about two hours—when Mr. Bevan joined the Company, we had about two policies; by his exertions he raised the business to about 6,000l.—that was to a considerable degree owing to his exertions—I give him great credit for his industry and zeal, I wish him to have the advantage of everything—our increase was made to appear 10,000l., but I do not myself believe it ever was that—I believe that statement was publicly made, but it turned out not to be correct—statements of that kind are necessarily made from the information of our officers—I take as much trouble as I can to see that we make accurate statements to the public, but I do not go through the books, and compare every particular figure—we believed the statements made to us by the prisoner to be correct, and acted upon them—we had other clerks, but everybody was under his supervision; not everything, but all the clerks were—our accounts are audited before they are published, by the regular auditors of the Company; they have access to the vouchers, books, and other documents—it is their duty to act faithfully—I do not recollect the
particular statement of the income of the Company being upwards of 10,000l.—I believe there has been some such statement (looking at a paper)—this is one of our reports—I believed it was true according to the books—Mr. Bevan has been publicly thanked by the Directors for his exertions—it was his duty to make excursions to provincial towns when he was sent, to establish branches—on those journeys considerable expenses were incurred, which were always paid to him by us on his return—I do not believe he used constantly to advance money for those purposes—he had a cheque before he went if he wanted it—I do not believe that in repeated instances he has not been paid amounts of 50l. or 60l. until he returned—I think we have now eight Directors—I have seen three Directors here to-day besides myself—they all take an active part in the Company—no one always attends, but all attend—Mr. Knox, the accountant, is a cousin of Mr. Knox, the Director—he went into the matter with the prisoner by the direction of the Board; that was in July or Aug., very soon after Mr. Bevan was dismissed—I believe after he left our Company, he became Secretary to another Company; the Universal Provident—I do not think he was Secretary to that Company at the time we got a warrant for his apprehension—I remember observing that his name disappeared from the Company's advertisements, and I attributed it to the fact of his going through the Insolvent Court—he had been Secretary, I think, not for so long as six months—I do not know when he became Secretary; his name first appeared as a Director—we never communicated his defalcations to that Company—they never made any inquiry of us—Mr. Neison, our Actuary, did not give him a character, to my knowledge—I thought it a most remarkable thing that no application was made to us—I did not know that the prisoner was constantly in the habit of paying cheques that were drawn by the Board into his own banker's, and drawing cheques on his own bankers for the purposes of the Company—I had not the slightest suspicion of it, until a bundle of cheques were put into my hands at the examination at Guildhall—Mr. Knox, the accountant, has since investigated the prisoner's banking account, and I have seen the results; I have not a copy of it—those investigations have been rendered necessary in consequence of what occurred at Guildhall; I believe it was in consequence of the cheques you put into my hand—I have on one occasion been paid my fees as a Director by a cheque of the prisoner's—a cheque was drawn for a larger amount—I do not know that he paid that cheque into his banker's; he gave me a cheque of his own for my fees; I took it—I think it is very probable that other Directors did the same—I was a member of the Finance Committee—I did not audit the accounts; they were audited by the Auditors—the accounts were only audited periodically; once a year, I think—I do not think the number of cheques issued was examined with the vouchers—the cash book is here—the banker's pass book was produced at each meeting, for the purpose of seeing what the balance at our bankers was—Mr. Barnes was Chairman of the Finance Committee—I do not think he invariably signed the cash book, "Examined, and found correct"—I did not trouble my head upon that particular point—we had the banker's book before us, to see what he had received and paid during the month—we sat once a month—if a cheque for 100l. was given to pay an individual, at the proper time for auditing the accounts the voucher would be forthcoming, or would be inquired for; we do not want vouchers every week—we did not leave he distribution of all the cheques we gave, entirely to the discretion and judgment of the prisoner—if a cheque was drawn for A, it was given to
him to pay to A—the expression which the prisoner used at the interview in July was, "I admit there have been great irregularities in that particular transaction, "not" in the accounts"—it referred to the transactions with the Home Counties' Assurance Company—he did not say that he might have been guilty of irregularity in the accounts, but he never had any intention of defrauding the Company—he said there had been irregularity in the particular transaction, but he had no intention of defrauding the Company, and I believed him at the time—I was most reluctant to think him dishonest—(looking at a letter)—this is Mr. Poole's writing; he is a Director—I did not see it, or know of its being written, at the time—I never saw it before—I know nothing about it—all letters written by the Company are, or ought to be, copied into a letter book—if Mr. Poole, a Director, had written a letter by the authority of the Company, it would appear in the letter book in the ordinary course—I should presume from this letter (looking at one) that the cheque for 38l. 19s. was discovered in Aug.—I know that Mr. Bevan has gone to Birmingham, and limerick, and Dublin, on the business of the Company, but I cannot say at what date—I do not know that on that occasion no money was paid to him for his expenses until he returned—he has never to my knowledge drawn cheques upon his own bankers for his expenses, and been reimbursed by the Company—a good deal of the business was necessarily left in the prisoner's hands—the Board only met once a week, and business must be attended to—I frequently found fault with him for extravagance in his expenses—I remember a dinner being given by the Company; it was very much against my will—I do not think it cost upwards of 200l.—it cost a great deal more than it ought, but it is only fair to say that it was done at the prisoner's instigation—I dined there—I think it was a mistake, that is all I say about it—I did not know of any cheque drawn by the prisoner on his own account for expenses at Dublin—I am sure he never drew any by our authority—we opposed Mr. Bevan in the Insolvent Court—I have been told that his petition was defeated on the ground that he had not properly described himself—I was not present—I think we first consulted Mr. Hobler about Aug. or Sept. last year—I have no knowledge of any application being made by Mr. Knox to the prisoner, that he should put an advertisement in the paper, stating that the sole cause of his resignation was his having obtained a superior appointment—I have heard of it—Mr. Knox had communication with him, to my knowledge, and with the knowledge of the Board—Mr. Knox knew something of Mr. Bevan's family—I do not think that the furniture which the prisoner left behind was worth much—a cheque was given to him upon his representation that he had not a penny to go away with; and we allowed Mrs. Bevan to take away her piano, and anything that she said was hers—I believe she is a lady of the highest respectability—she has been living with her father; he is a person of respectability and means—the only transaction between Mr. Neison and Mr. Bevan that I knew of, was the one which I told you of on the former occasion, the prisoner stated to us that Mr. Neison owed him money, and he gave us an order upon Mr. Neison for 64l. which he said Mr. Neison owed him—when he left he said he was anxious to make all the reparation in his power, and admitting he owed us a great deal of money, he gave us among other things an order on Mr. Neison to pay us a certain sum of money, which he said he owed him—I know nothing of the prisoner advancing money to Mr. Coode, a Director, except from his own statement—he said so; I have not made inquiries as to the truth of it—I do not
know whether Mr. Coode is here—he ceased to be a Director long before Mr. Bevan resigned—immediately after the prisoner passed through the Insolvent Court, he brought an action against the Company for 500l—I believe he issued a writ on the very day he was discharged.
MR. ROBINSON. Q. Bo you know that instructions were given to oppose Mr. Bevan in the Insolvent Court on the ground of fraud? A. Yes—at the time the prisoner gave the order on Mr. Neison, he did not say anything about any travelling expenses that we owed him—at the time he threw himself on our mercy, he did not say a single syllable about travelling expenses; I believe it was entirely an after thought—I never heard of it until some months afterwards, when he brought in that statement to Mr. Knox—there was only one instance in which my fees were paid by the prisoner's cheque; one large cheque was drawn for the fees of the Directors in the aggregate—I have reason to believe that the prisoner paid that cheque into his banker's, and subdivided it, and gave his own cheques—I think the cheque given to me was in Nov., 1853—1 know it was given to me when I paid my premium; I gave him my cheque, and took his—I have been told that the larger cheque was drawn in June, 1853; I do not know the—we discovered that the date of the receipt for the 207l. cheque was very considerably subsequent to the date of the cheque, and that the cheque itself had gone in a channel in which it ought not to have gone in the ordinary way—I did not know that that cheque had been appropriated towards the prisoner's purposes, and that the subsequent payment was by a cheque of ours; I cannot tell when it was I learnt that; it was afterwards, when the agents account came in; it might have been two or three months afterwards—the other two charges related to the Home Counties—I found there were irregularities with regard to them on 22nd July; we found then that they had been misappropriated—the cheques for the Home Counties were drawn to pay money that was due to them, and we found out in July that those cheques had gone away, and we had not the receipts—I found that subsequently money had been paid to the Home Counties, to the amount of those cheques—the accounts were made up from the books, as they were presented by Mr. Bevan—there was no other means of judging of the accuracy of the accounts, except by comparing the books with the vouchers—if an account appeared in the book showing a certain amount due to Dr. Crocker, and a receipt was produced for that precise sum; it would, of course, be taken that they balanced one another—we have no means of testing the truth, except by writing to every individual; the receipt is a sufficient voucher—from the production of the receipt the Auditor would believe that the amount had been paid—we should have no means of discovering any fraud, unless we suspected anything—there was no suspicion at the time these accounts were audited.
MR. PARRY. Q. Is it the custom of the country agents to pay the medical fees? A. In some cases, but mostly we draw a cheque and send down—the account is generally sent through the agent.
THOMAS CROCKER I am a physician, at Bristol. I am the medical officer at Bristol for the Deposit Company—on 8th Dec. the Company was indebted to me in a sum of sixteen guineas; I sent up an account to the Company, it was not paid to me at that time—in March I sent up a further account of 38l. 19s. 6d. including the sixteen guineas—I did not receive that 38l. 19s. 6d. in March—I received a cheque for 40l. on 31st Aug., 1854—I think I sent up accounts on three occasions altogether.
Cross-examined by MR. SLEIGH. Q. Was your account for the sixteen
guineas handed to Mr. Thomas, the Company's agent in Bristol? A. Yes, I think it was; that is the general practice.
MR. CRACKNELL re-examined. The prisoner would open all letters—he conducted the correspondence.
CASBERT JAMES THOMAS . I reside at Bristol. I was agent for the Deposit Company there—my business was originally that of an accountant; I became agent for the Company first in Nov., 1852, at Cardiff, and in Sept, 1853, I was their agent at Bristol—I know Dr. Crocker; he was the Company's medical officer at Bristol—I do not remember whether his account for sixteen guineas was delivered to me; if I did receive it, I sent it up to the Company—there was an account of 38l. 19s. 6d. of his; I do not recollect whether I sent that up—on 25th March, 1854, I was in town—I went to the Company's premises in Bridge-street, Blackfriars, and saw Mr. Bevan there—Mr. Bevan said as I was in London, I might as well sign a receipt for Dr. Crocker's fees, and a cheque should be sent for them; I think this was in the morning (looking at a paper)—this is my signature; it is dated 25th March, 1854—(read: " Received from the Deposit and General Life Assurance Company the sum of 38l. 19s. 6d. being the amount of Dr. Crocker's account for medical fees up to and inclusive of 27th Feb., 1854, as per bill")—I signed that in consequence of the prisoner's assurance that the cheque should be sent down—Dr. Crocker has been paid subsequently, and Dr. M'Dermott also; he has no claim on the Company—Dr. Crocker sued the Company for the balance—the cheque was never sent to me, nor the money—I frequently in my letters to Mr. Bevan requested a cheque to be sent—these letters (looking at some) are my writing—(Mr. George Knox stated that these letters were found among the papers at the Company's office)—I have no doubt that I received a letter from the prisoner on 1st July, 1854—I have it here (producing it)—I have to say that I am in litigation with the Company, and it contains some matters—I have not been examined by either party, and I do not know the business I am called upon; it may be productive of mischief to me in another case—it is a letter from the prisoner about Dr. Crocker's fees—these letters are my writing—I think I was in town in April, at the general meeting—it is more than probable that I was in town on 7th June, 1854; I was in town very often—I signed the receipt for Dr. M'Dermott's fees, seventeen guineas—the body of the cheque is tilled up by a clerk, Mr. Kendall; the date of it is 7th June, 1854—I signed that at Mr. Bevan's instance—I believe a similar remark was made that a cheque should be sent to Dr. M'Dermott; I never heard anything more about it—I did not trouble further—it is very likely that I spoke to him on that occasion about the other cheque that had not been sent; I cannot charge my memory with it, it is so long since—I frequently mentioned it in my letters to Mr. Bevan, because I was in daily contact with Dr. Crocker, and I knew that he had not received his cheque—I believe the letters I wrote were referred to on 7th June.
COURT. Q. At the interview of 7th June, when you signed the receipt for seventeen guineas, did you in the course of conversation mention the letters that you had written to Mr. Bevan, requesting him to send you the money for the former receipt for 38l.? A. I think it is possible—I am not able to charge my memory whether I did or not—I never received Dr. M'Dermott's fees.
Cross-examined by MR. PARRY. Q. Had you ever known Mr. Bevan before you were appointed an agent of this Company? A. No; I obtained the appointment through Mr. Bevan, through an advertisement of his; prior
to that I had never known him—I have not brought my account books with me, relating to the money I received from time to time—something was stated upon the endorsement on the subpoena about bringing them—I did not bring them, because I do not see why I should; it was simply a request that I would, "Will you be kind enough to bring all papers and books with you?"—I have not got the subpoena with me—yes, here is the subpoena; it says, "Will you be good enough?"—I have not brought them; I have left them at home—Mr. Bevan always paid me moneys on account of the Company by his own cheques; I think I had not more than three or four cheques of the Company's in my life—I was in town on 25th March—I received from him at that time two pieces of paper—I afterwards received two sums of 20l. and 60l. upon those pieces of paper—that was a private transaction between Mr. Bevan and myself—I paid the 20l. cheque to a Mr. Cody, of Bath, to whom I owed something for furniture, and the other for 60l. I paid into my own banker's—it is very likely that I have received other pieces of paper of the same kind.
Q. Do you remember in April, 1854, receiving any money in any way through Mr. Bevan? A. I cannot remember the dates, I have not the books with me—the cheques he paid me I paid into my banker's, and drew upon them, they had nothing to do with the Company; it was a private transaction between Mr. Bevan and myself—I gave him my draft at a month, I think for 70l., and allowed him to receive my salary quarterly—it was an accommodation to me of course, he lent me 60l. and 20l., and I gave him a bill for 70l. at a month, and allowed him to receive my salary by the quarter; he charged me no interest—no reference was made to the cheque for 38l. 19s. at that time, that I am aware of—I could not permit him to retain a cheque that was not my own—I do not believe that passed, I have no recollection of anything of the kind; I will not swear positively—I cannot remember it—I believe I have not received a sum of 25l. from the bankers at Bristol, in exchange for any piece of paper—I know Stuckey and Co., bankers, of Bristol—Mr. Bevan sent me down a draft of his at six weeks, for 25l. when he was in difficulties, and asked me to discount it—I did not receive that money—I swear that, the bill was never discounted—I swear that I have never received value for that bill—I know the handwriting of some portion of the firm of Stuckey and Co. (looking at a letter)—I have no, doubt this is the writing of one of the clerks; I do not know the handwriting, it has evidently gone through the post—I swear I have never received value to the amount of 25l. from Stuckey and Co., in reference to that draft; it was never discounted—I have a claim against the Company—the Company have never sought to saddle me with this 38l. 19s., or the seventeen guineas—I signed a receipt for the seventeen guineas—I Went with Mr. Bevan and Mr. Perks to limerick and Dublin—Mr. Perks tells me that he has got a claim against the Company—both his claims and mine have been referred—the same attorney is acting for us—Mr. Perks was examined here on the last trial—I went with Mr. Bevan to Dublin, and some other places—those excursions were attended with considerable expense—at Oldham, particularly, a large meeting was held there; we were then travelling on behalf of the Company—Mr. Bevan paid my expenses—he paid all the expenses—I know that he paid his own cheque at Oldham; I cannot remember the amount, I simply charged my travelling expenses—my train hire I paid myself, but the tavern expenses were all paid by Mr. Bevan (looking at some cheques)—I know a cheque was paid to the waiter at the Palatine Hotel, by Mr. Bevan, I saw it paid for the expenses—I was at Ham's Royal
Hotel, at Bristol, when Mr. Princeps and Mr. Coode were there, I was invited there by them, they were Directors of the Company—Mr. Princeps's son was there, and Mrs. Coode; Mr. Bevan paid the whole account—I think it was in September, 1853—I think the bill was shown to me—I do not remember whether I saw any of the Directors when I came up to town after Mr. Bevan's resignation—I saw Mr. Cracknell at Bristol.
Q. Did any one of the Directors ever tell you that Mr. Bevan had resigned in a pet? A. Yes; something of that kind was said—it was one of the Directors said so distinctly; I do not remember which it was—I was never requested by any of the Directors to hush up the matter of Bevan's resignation—I do not remember anything being said to me about keeping quiet, I had to do with Mr. Bevan, not with the Directors.
MR. ROBINSON. Q. You say that two pieces of paper were given to you by Mr. Bevan; look at those three cheques for sixteen guineas, seventeen guineas, and 38l. 19s. 6d., did you ever receive them? A. No, never; they do not appear to apply to me at all.
MR. CRACKNELL re-examined. Part of this cheque for sixteen guineas is Mr. Bevan's writing, and the other part in the writing of one of the clerks, I think.
MR. THOMAS re-examined. I was not aware at the time I signed the receipt or wrote these letters, that Mr. Bevan had already received these sums—I inferred from this letter that the cheque was not issued, or that Mr. Bevan would send his own cheque for it—it was in Sept 1853, that I was at Bristol—I cannot say at what date I was at Oldham, I have not my books here—I was there with Mr. Bevan and Mr. Perks; I cannot tell when it was, it was somewhere about the spring of last year I believe, but I am speaking quite at random—I was instructed to meet Mr. Bevan there, with the deed of settlement, to attend a public meeting.
JAMES ANDREW HOLMES . I am a clerk in the London and County Bank. This cheque of 2nd June, for seventeen guineas, was paid into our bank to the prisoner's account, and also these other cheques of 8th Dec for 16l. 16s., and 25th March, for 38l. 19s. 6d.
Cross-examined by MR. PARRY. Q. Used he to pay in and draw out con-siderable sums of money? A. He did—I have his account there.
JOSEPH FELTHAM . I am a clerk at Glyn's. This cheque for seventeen guineas appears by the crossing, to have passed through our house to the account of Mr. Reece, of Birmingham, together with another cheque on the London and County bank.
Cross-examined by MR. PARRY. Q. Was Mr. Reece the attorney for the Company at Birmingham? A. I do not know.
WILLIAM HENRY HARRIS . I am clerk to Mr. Reece, of Birmingham, a solicitor and notary public. The Deposit Company was indebted to him 36l.; they owed him more than that; Mr. Reece had a sum of money to pay for the Company, which came through our hands—it was paid into Glyn's to the credit of Mr. Reece, I cannot tell at what date; I received it on 5th June, from the Birmingham Banking Company—Glyns are their agents.
Cross-examined by MR. PARRY. Q. The Company owed somebody the money, and it was paid through Mr. Reece? A. Yes—there was an action, which was compromised—I remember Mr. Bevan coming down to compromise the matter—we agreed on the amount, costs, and all.
GEORGE KNOX . I am an accountant. In July, 1854, I was employes to go through Mr. Bevan's accounts—the first conversation we had about the accounts took place about 29th July—I met him as I was going out of |the office, in the afternoon, and I stated to him that there was a large
balance appearing to have been unpaid, according to the cash book, for which he would have to account—he said, "Balance the books up to the end of the month, and I will explain everything satisfactorily in five minutes"—I did make up the accounts to the end of July—I saw the prisoner subsequently, and produced a written account—I handed him a statement about 3rd Aug.; that was a statement of the accounts that I had got from the books—some days after, a week, or perhaps a little more, Mr. Bevan went into that account with me, in the presence of Mr. Lawrence, his solicitor—there were several items which the prisoner admitted that he owed, one after another; but there was no balance struck—taking all the admissions together, I reckoned his deficiency at about 600l—he admitted deficiencies to the amount of 600l.—at that time I had not made any discovery with regard to these two cheques of Dr. Crocker's,—I could not have discovered from the books that that money had not been paid—the cash book would show that a cheque was drawn for Dr. Crocker, but the receipt in the stamp receipt book would have led one to Relieve that it was paid—the 600l. that he admitted, did not include those sums—the first discovery with respect to the non-payment of money to Dr. Crocker was on 28th Aug., when I went down to Bristol, and met Dr. Crocker—Dr. M'Dermott's case was not discovered till Feb. or March last; that was one of the latest discoveries; it was discovered during the proceedings at Guildhall—in addition to the deficiencies admitted by the prisoner, and which appeared by the books, I subsequently ascertained that other moneys had been received by him, and not accounted for—I have had occasion to go backwards through the accounts almost to the commencement of the Company—I was from to time, up to March, receiving fresh information with regard to moneys that had been received, and not accounted for—that was in some cases with regard to sums which did not appear in the books—I have had no conversation with the prisoner with regard to the amounts that have been discovered since—he had access to the books from 22nd July until he left, which was, I think, on 19th Aug.—he never gave me any account whatever of the fees of Dr. Crocker and Dr. M'Dermott—the first time I saw the account for travelling expenses was when I had the conversation with him about the moneys appearing against him in the cash book; that was, I think, about 14th Aug.—that was the first time he had made the claim, so far as I knew; it was the first time it was mentioned to me—I knew that he had several cheques for the expenses at Bristol in Sept and Oct., 1853—they appear in the cash book—this produced is the Company's cash book—I went through these accounts with Him, and this book was used—he had the opportunity of referring to any entry in it—two or three days after I handed him in the statement of the moneys he owed to the Company, according to the cash book, the cash book, and all the other books of accounts, were put into his possession, and he employed part of a day in investigating the matter—that was about 5th or 6th Aug.—the cash book is not in his writing; it was kept in his office, under his direction—on 29th Sept., 1853, a cheque for 20l. was paid him for his travelling expenses to Bristol; and on 6th Oct., a cheque for 25l.—those cheques are in the cheque book—the whole amount for travelling expenses to Bristol about that date appears to have been 66l—on 2nd March, 1854, a cheque was drawn for 15l. for expenses to Manchester and Oldham, and another cheque for 15l. for expenses to those places—a cheque for 40l. was paid, to Dr. Crocker on 31st Aug. by the Company—Dr. M'Dermott was paid two or three months ago, I think in April, by the
Company—on looking at the books, I find that the cheque for 16l. 16s. for Dr. Crocker's account is included in the 38l. 19s. 6d.
Cross-examined by MR. PARRY. Q. Are you paid by the Company for this account business? A. No; I am their general accountant, and receive a stated salary; I do not get anything extra for this—I am related to one of the Directors, of the same name—I found the letters that have been produced in the ordinary place, where the letters are placed in the office, in a lot of pigeon holes—I had access to the papers by the authority of the Directors—they were where I found all the rest of Mr. Thomas's letters—they were not pointed out to me by the prisoner, or by any one; I found them—I was obliged to investigate Mr. Thomas's account—one of Mr. Bevan's letters was in answer to one of these—this (produced) is Mr. Bevan's writing—the prisoner's admissions as to the items in the accounts amounted to 600l.—I did not say that there was a balance of 600l. against him—the Board had a copy of the account at the next meeting after 3rd Aug.—the prisoner's account was not handed in to me personally, but I saw it; it was given to me by Mr. Barnes, one of the Directors, I believe—I have it here (produced)—the balance is 347l. 5s. 1d.—he claims that as due to him by the Company—as regards my account, I never agreed on any balance with the prisoner—after he had made these several admissions, the matter stood over from the Tuesday till the Thursday, but the next time I saw him was on the Board day, I think, and then he wrote at the end of the account the statement that will be found there—I do not know at whose request he wrote that—he wrote this, "I leave it to the Directors to place to my credit such portion of the above claims as may be found by you due to me upon investigation"—I cannot tell, from my personal knowledge, whether he was requested to do that by the Board of Directors—I was not present—I know that Mr. Knox, the Director, was subsequently negotiating with the prisoner, and I take it for granted it was by the appointment of the Board—I believe there was a letter sent with this account, but it is not in my possession; I have seen it—I could not state whether there were any claims in it—I believe there was not 75l. of salary due to the prisoner at that time—he had overdrawn his salary two months—the account was, I think, sent to the Directors on 11th Aug., but it was not in my possession until the 14th—I have investigated that account as far as there were materials for doing so.
COURT. Q. If I understand you, he admitted deficiencies in various items, amounting altogether to about 600l.? A. Yes, and he sent in this account as a counter claim, or set-off, against that 600l.
Cross-examined by MR. PARRY. Q. And you still continue to be so? A. I do—I communicated to the Directors the result of some interviews that I had with Mr. Bevan—those interviews were not had by order of the Board—I communicated the result to them—I still had a few interviews, and communicated them to the Board from time to time—they did not tell me not to have any.
Q. Did you at any one of the interviews you had with Mr. Bevan, after these accounts had been investigated, suggest to him that he should put an advertisement in the Times, stating that he had resigned his situation as secretary, solely on account of having obtained a superior one? A. I did so; but it is necessary to explain it, in order that it may be understood—that was at the second interview which Mr. Bevan had at my house—at the first interview, about a week previously, he asked me to use my influence
with the Board to prevent any criminal proceedings being taken against him—I told him that I felt certain if we did so, he would go on in the same reckless way he had done since he sent in his resignation, to injure the Company—he assured me that he would not do so, and in order to make that assurance more certain, he signed on the second occasion a document in which he admitted his appropriation of the moneys of the Company; and stated, I think, that he would make good the deficiencies whenever he could, or, so soon as he could—that was on the assurance that all the defalcations were then known, and in fact appeared on the face of the cash book itself, with the exception of a few additional items that were not in the cash book; and upon the assurance that there were no deficiencies connected with our agencies, and further that he would do nothing to injure the Company—I said that if I found there were other defalcations than those that were known, or if he attempted to take our agents, or injure the Company in any way, I should consider my pledge not to use the document free; within a week afterwards an advertisement appeared in the Times, signed by Mr. Bevan, which evidently was intended to injure the Company in my view of it; the reading of it to me at all events was, that he had left the Company for some reason connected with the Company, not connected with himself—I told his wife that I felt free from the engagement I had given to Mr. Bevan, and that I should certainly now advise the Company to take proeeedings against him—in consequence of that he called upon me again, and Assured me that the advertisement was not so intended, and stated that he would put in an advertisement that would remove that effect from the leading of it, and upon that occasion I did sketch out an advertisement for him to insert in the Times newspaper, merely stating that having obtained a superior appointment, he had resigned his situation to the Deposit Company—it did not state that he had left for no other cause—I stated this at the last trial—I have not got the advertisement here.
MR. ROBINSON. Q. Or the one you sketched out? A. No; it is in the possession of Mr. Bevan—this took place about 22nd Aug.—his wife was residing in the house—she had made an application to me—I have known a little of Mr. Bevan's history for the last ten years—this (produced) is the document he signed.
MR. PARRY. Q. Did you not receive that document, whatever its contents may be, under a solemn pledge that it should never be used in evidence against him? A. Provided the allegations he then made were found correct.
MR. ROBINSON. Q. At the time that document was signed, or at the time any conversation took place between you, were you at all aware of the extent of his defalcations, or the nature of them? A. Certainly not—my own impression was, that there was then nothing but what appeared on the face of the cash book, and as I stated at the last trial, I thought the Directors were to blame to some extent in not having the cash book before them every week.
(MR. ROBINSON put in the prisoner's schedule, by which it appeared that the prisoner claimed a balance of 93, as due to him from the Company.)
GUILTY. Recommended to mercy by the Jury, in consequence of the irregularity of the mode of conducting thebusiness, by the Directors. — Confined Eighteen Months .
NEW COURT.—Monday, July 2nd, 1855.
PRESENT—Mr. Ald. HUNTER; Mr. Ald FINNIS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
MR. RYLAND conducted the Prosecution.
CHARLES CHURCH . I am going on for thirteen years old—I am a labourer, and live at Hilttngdon Heath—I know the prisoner—I saw him and Sconce on 13th June, in the road between Hillingdon Church and the Star—they were quarrelling, and the prisoner went up to Sconce and hit him down with his fist, and stabbed him—there had not been any scuffling and fighting before; the prisoner went all on a sudden and knocked him down, and stabbed him in the neck with a knife which he drew out of his sleeve—he bled—George Hardman came up and said to the prisoner, "Don't hurt the man"—that was after he had stabbed Sconce—the prisoner did not do anything more to Sconce—Sconce got up and walked home—he was not so much hurt as Hardman was.
COURT. Q. Were any other persons there beside you? A. Yes, my brother and another one that went home—they were quarrelling in the road before the prisoner knocked Sconce down—they were walking together—I did not hear what they were quarrelling about—I was not there when the fight began—I do not know who began the quarrel—I heard them quarrelling, and saw the prisoner knock Sconce down—after he knocked him down, they walked away separately.
GEORGE HARDMAN . I belong to the militia—the prisoner was in the same regiment—I knew him when he first came to our billet—he enlisted in June—on Wednesday, 13th June, I was in the road, and saw the prisoner and Sconce, about a quarter after 9 o'clock—they had a few words—I heard Sconce ask the prisoner whether he had a halfpenny to lend him till tomorrow morning, to get half a screw of tobacco—the prisoner said, "I am able enough to take my own part"—there were no more angry words than that—the prisoner then came up and knocked Sconce down, and kicked him in the side—Sconce had said nothing to provoke him before that—he never lifted his hand to him—I saw the prisoner stab him in the right side of the neck with a knife—he had the knife somewhere in his sleeve—he bled—I said to the prisoner, "Don't hurt the man," and he jumped up and stabbed me—Sconce got up and went away—the prisoner ran away towards Hillingdon—I knew the knife before; the prisoner bought it and gave ninepence for it; he told us so—it is a little white handled knife—this is it.
Prisoner. You came up and both pitched into me. Witness. No, that is wrong.
COURT. Q. Was the prisoner sober? A.. I cannot say whether he was sober or no—he had taken a little—I was not there before they began quarrelling—I do not know what had happened before.
WILLIAM BEECHEY (police sergeant, T 29). The prisoner was given into my custody on 13th June, at the militia stores at Hillingdon—this knife was given to me by the serjeant major—I told him it was for stabbing one of
his comrades and a civilian—he made no answer—when he had got outside, one of the militia men said to him, "You threatened me, and now they have got you"—he said, "Never mind, you may make it as bad as You like, but I must put up with it"—I saw Sconce about half an hour afterwards—he was examined before the Magistrate.
JAMES SCONCE . I am a labouring man at Hayes—I fell in with the prisoner on 13th June, as I was returning from Hillingdon to Hayes, about 9 o'clock in the evening—he came across the road, and asked me how far it was to Ealing; I said, "Seven miles"—I was sober—the prisoner looked very wild at me—I cannot tell whether he was drunk or sober—I told him he was going the wrong way, and I said, "Where is your billet?" he said it was at Hillingdon—I said, "Have you got any halfpence to get me a bit of tobacco or a little beer, I will pay you tomorrow"—he said he was able to take his own part—we hit each other—I cannot exactly say who hit first—I walked away from him; he overtook me, and came on me unawares, and knocked me down and stabbed me in the neck—this is the handkerchief I had on—I did not see then what he stabbed me with, but the next morning I did when I was before the Magistrate—I cannot tell whether this was the knife he used—I was not examined by a surgeon; my wound healed without anything.
EDWIN BELCHER . I am serjeant major in that regiment of militia—on 13th June, the prisoner ran to the stores with a mob after him—he was given in my charge—I searched him, and found this knife on him; it was perfectly clean—I saw a little blood on the prisoner's hand—I found this knife in his sock—a boy that came down with him stated that he had stabbed two men with a knife—I asked the prisoner if he had a knife; he said, "No"—I searched, and found this knife in his sock—he appeared much excited, and appeared to have been drinking.
COURT. Q. How long had the prisoner been in the regiment? A. He joined on the first of June.
Prisoner's Defence. They both pitched into me on the road, and asked me for money to drink.
GUILTY of unlawfully wounding. Aged 36.— Confined Six Month.
MR. PAYNE conducted the Prosecution
RICHARD THWAITES . I live in Gloucester-terrace, Westgreen, Tottenham. The prisoner was in my service for three months—I discharged her on Sunday night, 24th June, for stopping out after time—I had told her I should not allow her to come into my house—I had warned her about it on two previous occasions—she left with an order from me to return the next day for her box and money—she did not come till Tuesday morning, immediately after I had gone out—I had left orders that her box should not be given to her, nor should she be paid till she came in the evening and saw me—I had called at the station, and a policeman came to my house—the prisoner came about 7 o'clock in the evening, and I told her that some one had been robbing me, and I was anxious that she should be perfectly clear, and if she would allow me to see her box I could give her a character—I asked her if she had any objection to have her box searched—she said she had no reason against having her box searched, but, on the contrary, I was welcome to search her box, there was nothing in it—I told the other servant to call the policeman, and he came and went up stairs with me and the prisoner to search
her box—she opened her box herself, and turned out a number of things, and endeavoured to secrete those things belonging to me under her dress—we found a towel marked with my name, and two handkerchiefs belonging to my wife, with her mark on them, and a number of other things, my property, with no mark—I gave her in charge—some starch was found, which she placed under her shawl—when she was requested to stand up and shake herself, these things fell—the towel and handkerchief appeared to be my property—I said, "There is no doubt now, Delaney, who has been robbing me, and I have no alternative, in justice to society and myself, but to give you into charge"—I cannot recollect anything that she said—she brought back a petticoat of her mistress's that she stated she had been wearing—she stated something afterwards at the police court about the towel and handkerchiefs—she might say something to my wife about the towel and handkerchiefs when we found them, but nothing that I recollect.
Cross-examined by MR. SLEIGH. Q. Did she say something, or did she not? A. I do not recollect anything; she was very much confused—you do not suppose a woman would stand and say nothing—she might say many things, but I do not recollect—she said at the police station that the towel was one that her mistress had given her to use, and she did not know how the handkerchiefs got in her box—Mrs. Thwaites was present when the officer and I searched the prisoner's box—she is not here—I do not know that I have stated before that the prisoner endeavoured to secrete some things under her dress—I have never been before a counsel till now—I was before a Magistrate, but he desired me to state my case in few words—there were some other things found that I have no doubt were my property—I stated that before the police, but I also said I should be very sorry to swear to anything that had no mark—the prisoner left me on Sunday night—I discharged her for stopping out an hour and a quarter after time—I discharged her then and there—I did not allow her to remain till Monday morning—she returned at a quarter past 6 o'clock on Sunday night—she was to have been home at 5 o'clock—I did not pay her her wages when I discharged her; she did not ask for them—I told her to call the next day, and she should have them—she did not call till early in the morning on Tuesday, immediately after I had left—she was requested to come in the evening, and she did, about 7 o'clock—I did not see her in the morning—I believe she did not then make application for her wages, she only saw a servant—I suspected her before I discharged her on Sunday night—she did not ask for her wages on Tuesday evening—I told her I was prepared to pay her, and asked her if she would allow her box to be searched—she said she had not the slightest objection—her box was in her room up stairs—she went up stairs with me and the constable, and produced the key and opened the box herself—I had not told her what I suspected her of stealing—she turned most of the things out Of the box herself—the servant who lived with me previous to this prisoner I think remained about two years—I paid her all her wages at the time she left; every penny I owed her, as far as I recollect—the prisoner came to us about three months ago, and previous to that we had three servants—we have only two now—the one that I discharged, left because I reduced my establishment—this is the first time I ever made a charge against any servant for robbing me—no one ever summoned me to the County Court for wages—I have had servants ten years—the prisoner brought back a petticoat on Tuesday; she said she had put it on—it was Mrs. Thwaites's practice to give the servants a towel when they wanted it for their own personal use—the prisoner said this towel was
given her, and she put it in her box, and she did not know how the handkerchiefs got in her box.
MR. PAYNE. Q. Had it ever happened before that the prisoner stopped out too long? A. Yes, twice before—once she was to have come home at 6 o'clock, and she did not return till 10 o'clock—I said, "There is a stated time, you must return by the time appointed"—I told her if it happened again I should discharge her, and stop a month's wages, but I did not do that, I paid her the full amount—I told her if she came on Monday she should have her wages and box—she did not come—she came on Tuesday, and produced the key, and opened the box herself, and kneeled in front of it—I saw she covered some starch and things with her shawl—I saw them when she got up—it was done so quick that I could not describe it—I saw she was endeavouring to conceal some articles—I told her I had missed things before—they were missed during the time she had been with me—she did not state how her mistress's things got in her box—she said they got in by mistake—her mistress never told her to my knowledge to lock the towel up in her box in her bed room—these things were worth 4s. or 5s.—when Mrs. Thwaites was present, the prisoner did not, to my recollection, say that Mrs. Thwaites had allowed her to take the things.
JAMES HOCKINGS (police sergeant, N 44). I was called to go to Mr. Thwaites's house; I stood by while the prisoner searched the box, she seemed in a very agitated state—first of all she said there was nothing in her box, afterwards she unlocked the box, and turned out this towel, and these handkerchiefs, which were identified—she did not give any excuse when she took them out—Mr. Thwaites said, "That is mine;" and then the handkerchiefs, she said, "They are mine"—the prisoner did not say how they got there.
Cross-examined. Q. Where was the prisoner? A. Sitting in Mr. Thwaites's parlour—Mr. Thwaites said he had suspicion he was being robbed by some one, and he was anxious to look in the prisoner's box to see if there was anything belonging to him—the prisoner said she was quite willing—she took the key out of her own pocket.
MR. SLEIGH to RICHARD THWAITES Q. How many other servants were in the house? A. One other—I do not know of any disagreement between the prisoner and the other servant—there were not many other things in the prisoner's box—these things were just in this state.
MR. PAYNE to JOSEPH HOCKINGS. Q. Were there some things that Mr. Thwaites would not swear to? A. There were several other things, but they were not marked.
Jury. Q. Had the prisoner much of her own in the box? A. No; there were bits of ribbon and little things—there were other things taken before the Magistrate, but Mr. Thwaites would not swear to them—the prisoner said at the time that they were all her property—there were five pieces of glazed calico there—the prosecutor said they were his.
Cross-examined. Q. Was this mentioned before? A. It was mentioned before the Magistrate, but not taken down in the deposition, because there were no marks on them—I mean to say I gave the evidence before the Magistrate that I have done to day—my deposition was read over, but the pieces of glazed calico were not mentioned—they were produced—my examination was read out to me—I have been in the force eight years—the object of my examination being read was that I might correct any mistakes in it—I signed my deposition as to what was read to me.
MR. PAYNE. Q. Was anything read to you about the pieces of calico?
A. No; the Magistrate did not take them down, because they were not marked—it was because the prosecutor could not identify them by any mark that the Magistrate did not take them down.
GUILTY . Aged 38.— Confined Three Months .
678. SUMNER PHILLIPS , stealing 1 watch and guard chain, value 8l.; the goods of William Thomas Taunton, in his dwelling house: also, 9 securities, value 25l., 300 securities, value l,500l., 22 securities, value 250l. 2 securities, value 25l. and other securities; the property of Freeman Clark Samuel Roper, his master: to which he
PLEADED GUILTY . Aged 19.— Confined Eighteen Months .
PLEADED GUILTY . Aged 17.— Confined Three Months .
PLEADED GUILTY . Aged 36.— Confined Twelve Months .
ADAM SPARY . I am an inspector of the City Police. On 19th June I was on Holborn-hill; I saw the prisoner put his hand in a person's pocket who was passing up the hill, and he passed across the road between the cab rank—I followed him to Leather-lane, and took him into custody, and charged him with it—he said he was very sorry—I gave him into custody—I did not know the person in whose pocket he put his hand.
Prisoner's Defence. I am innocent.
NOT GUILTY .
EMMA LEMON . I am barmaid at the King's Arms, at Uxbridge; it is kept by my uncle, Robert Lemon—the prisoner was waiter—he came about 10 o'clock in the morning last Thursday—there are two tills in the bar; we keep silver in both—the prisoner did not go into the bar on Thursday; the money was taken on Friday—on Friday morning there was 1l. 8s. in silver in one of the tills—there were three half crowns, a 2s. piece, and the rest in shillings, fourpenny pieces, and sixpences, all silver—the prisoner went into the bar to clean the counter and the taps which are inside the bar—at the time he was there I was in the bar parlour, next the bar—he was in the bar about twenty minutes—as he was going out of the bar I went in—I went to the till, and discovered I had lost money out of the till, I thought from 12s. to 15s.—I know I had lost two halfcrowns, two or three shillings, and some sixpences and fourpenny pieces—I knew one of the sixpences, and that was one that was missing—it is here, the officer has it—I marked it, and know it particularly—it was in the till when I examined it before—the prisoner was going away—I sent for a policeman, and gave him into custody—he was brought into the parlour—I saw the officer take money from him—this was on Friday—on Thursday the prisoner asked me to lend him 2s. and said he had no money—I told him my master did not allow me to lend him any money—from the time I left the bar till. I went in again, no one could have gone in but the prisoner.
Prisoner, Q. Was there not a person came in while I was there? A. No; I denied that before, and you know it.
ALFRED AMBROSE LINDSEY (policeman, T 102). I was called into the King's Arms, and found the prisoner there—he was charged with stealing two half crowns, three or four shillings, and several sixpences and fourpenny pieces from the till—I searched him, and found on him two half crowns, three shillings, five sixpences, and four fourpenny pieces, and 2s. 6d. in copper money—one of the sixpences was identified by the last witness—the prisoner made a kind of statement that he got the money for pawning a silk gown of his wife's, but he would not give any further account.
Prisoner's Defence. When this gentleman hired me, I had 4s. or 5s.; he gave me 1s. 6d.; I went to the railway, and paid 1s. 1d. to come home; I pawned a dress for 12s., and went down to a dinner, but the dinner did not come; I had a half sovereign in my pocket, and I changed it.
GUILTY . Aged 23.— Confined Three Months.
OLD COURT.—Tuesday, July 3rd. 1855.
PRESENT—Sir JOHN MUSGROVE, Bart., Ald.; Mr. Ald. SIDNEY; and Mr. RECORDER.
Before Mr. Recorder and the Second Jury.
683. WILLIAM JAMES MARDON , feloniously forging and uttering 1 warrant for the payment of 3l., with intent to defraud; also. feloniously forging and uttering a warrant for the payment of 5l. with intent to defraud: he
PLEADED GUILTY to the utterings. Aged 31.— Confined Twelve Months on the first indictment, and Three Months more on the second.
684. HENRY SAMUELS , stealing, on 11th May, 44 brushes, value 3l., 4s.; and within six months, 45 brushes and 24 combs, value 22s.; and within six months, 30 brushes: also. stealing, on 21st May, 18 clothes brashes, 36 shaving brushes, and 42 combs, value 6l. 16s.; and within six months, 12 shaving brushes and 6 clothes brushes, value 212s.; and within six months, 12 shaving brushes, value 30s.: also. stealing, on 30th May 6 clothes brushes, 24 shaving brushes, and 15 books of Dutch metal, value 3l. 19s. 6d.; and within six months, 6 shaving brushes, and 8 books of Dutch metal, value 10s.; and within six months, 16 shaving brushes, 18 clothes brushes, and 17 books of Dutch metal, value 11l. 3s.; the goods of Seckel George Springer, his master: to all which he
PLEADED GUILTY , and received a good character. Aged 18, Confined Four Months.
PLEADED GUILTY .*† Aged 17.— Confined Twelve Months.
PLEADED GUILTY . Aged 37.— Confined Four Months.
MR. BALLANTINE conducted the Prosecution.
JOHN SMYTH CALDWELL . I am a shipping agent, of No. 33, Trinity-square, Tower-hill. I am agent to Edward Anthony, owner of a vessel called Britain's Pride—the younger prisoner, who is the son of the elder prisoner, was the mate, and the elder prisoner was captain—the vessel had lately arrived in London from Antigua—it was the captain's duty to make payments in Antigua, if necessary, and among other things, for stowage, and which would be allowed him in London on the production of the vouchers—the elder prisoner produced to me this receipt for 7l. 12s. (produced)—it purports to be for caulking—that might be a proper sum to pay for caulking—I told him that the bill was in his son's writing; he said that it was not—I had information which led me to believe that it was a false claim, and told him that the caulking was not done, and that the invoice was in his son's writing—he said that it had been done, and was not in his son's writing—I pointed out his son's writing in the log book, but he still denied it—I told the younger prisoner that that and other bills were in his writing, and showed him this receipt; he said that they were not—I know his writing, and believe that they are his—I know the father's writing also—this certificate of its being correct is the father's writing.
GEORGE ROBSON MARTIN . I live at Mason's-grove, Chelsea. I went out as ordinary seaman on board the Britain's Pride. and returned home as steward—there was no caulking whatever done while the ship was at Antigua—this receipt for 7l. 12s. is the younger prisoner's writing; the notes and this signature at the bottom is the captain's.
JAMES SCOTT . I am a ship chandler, of No. 33, Trinity-square. I said to the elder prisoner, "Your son has been making out bills here which are improper"—he said, "No; my son never made out any bills"—I said, "This writing and the writing in the log are both alike"—I had the bilk in my hands at the time, examining the accounts—he denied it again and again several times, but afterwards he said, "Well, the stevedores account: he could not write, and asked my son to make out the account, and he did."
George Wheatland. Q. That was not the same bill? A. No; that was a bill for 9l. odd.
George Wheatland's Defence. This bill I know nothing at all about; there was a bill for 7l. 12s. and something, but not this bill; this bill does not belong to me, and has no business there; it might have been delivered by me among other papers, but it does not belong to the ship at all; I signed my name to it, and so I have to other bills, but I was laid up at the time, and did not know what I did; I was ill, and attended twice a day by a doctor; I was nine days ashore; if they brought bills to me a second time I should have signed them; that is the clerk's fault; I never saw my son write a single bill; there is another bill from John Brown, which I have written to the West Indies for; it is for grocery, which I have paid for; I do not know who has got it; it has been taken from me.
George Wheatland, Junior's, Defence. I know nothing about it.
COURT to GEORGE ROBSON MARTIN. Q. Was the elder prisoner ill at Antigua? A. What illness he had I conceive was through drink—a doctor did not attend him.—he was eight or nine days ashore—he went on shore on pleasure, I believe.
GEORGE WHEATLAND— GUILTY of Uttering.
GEORGE WHEATLAND, JUN.— GUILTY of Forging.
MR. ROBINSON conducted the Prosecution.
(MR. BARON PARKE was of opinion thai the inquiry should be confined to one of the three charges contained in the indictment.)
JOHN GEOEGE CALDWELL . I am agent to Mr. Edward Anthony, who is owner of the vessel, Britain's Pride, The elder prisoner was the captain of that vessel, and his son the mate—this receipt for 9l. 1s. 3d. was produced to me by the captain—I believe it to be his son's writing—I have seen him write frequently—it was given to me by the captain, on or about 12th June, on board the vessel, in the London-dock, among other papers purporting to be the vouchers for the claims against the ship—the younger prisoner was not present at the time—I saw him afterwards at my place of busiess, within a week after 12th June—I saw him more than once—I charged him with writing these bills, that ought not to have been written by him—this bill for 9l. 1s. 3d. was among them—he said he did not—I subsequently told the elder prisoner that they were forged, and he said they were not—(his son was not present)—I produced the log book to him, which is in his son's writing, to confirm my opinion, and told him that the writing was alike—he still denied it, and said that his son had not written them—the log book was lying on the desk; he could see it as well as I.
George Whealand, Sen. You never produced the log book to me; it was Mr. Scott. Witness. I am quite satisfied that I did; it was opened and shown him.
GEORGE ROBSON MARTIN . I believe this receipt for 9l. 1s. 3d. to be the younger prisoner's writing; it is a stevedore's bill for stowing—I do not know the stevedore's name—I had nothing to do with him—there was a stevedore at Baltimore—we loaded some barrels of provisions there.
JAMES SCOTT . I spoke to the elder prisoner about this receipt for 9l. 1s. 3d. somewhere between 12th and 15th June—I asked him first how he came to pay so much as three cents per barrel for stowing, when it could have been done for less; he said that was what he paid—I then said, "It strikes me that this bill, like the others, is the mate's handwriting"—he denied it strongly, and said his son never wrote any bills for him—I told him I was sure it was his son's writing, and I showed him the log book and some letters and said, "Your son wrote this as well as the log book"—he said, "It is a d—lie, my son never wrote it"—he afterwards recollected and said, "Oh, by-the-bye, my son did write a bill for the stevedore, for he could not write himself;" that was about half an hour afterwards—he did not say it was this bill, but this bill was before him at the time—they were all tied together as he delivered them—this is the only bill with respect to the stevedore—I then found fault with him for not making the man make his mark to the bill, if his son wrote it out—he said it was very wrong; he ought to have done so.
George Wheatland, Sen. I did not say that my son wrote that hill; I told you that I believed the stevedore asked him to write a bill, as he could not write English, being a Frenchman. Witness. He stated that his son had written a bill for the stevedore, and there was no other but this.
DANIEL BLOOMFIELD . I was a seaman on board the Britain a Pride—I recollect Mitchell, the stevedore, at Baltimore—I recolloct his bringing a bill on board, and signing his name to it—I saw him sign it, and give it
to the mate—T cannot say that this is the bill—I cannot read writing—I know there was a coloured stamp on the bill that Mitchell brought—this is not the bill—the mate kept the log—I believe the whole of it is his writing.
George Wheatland, Sen. Q. Did you see whether Mitchell wrote English or French? A. No, I was not near enough.
George Wheatland, Jun. Q. Where was it he signed the bill? A. On the skylight; it was very cold at the time.
George Wheatland's Defence. The bill he signed was signed in French, and another bill was afterwards made out, but I never saw it, and do not know where he got it; I know I paid the man 9l. 1s. 3d.
George Wheatland's, Jun. Defence. The witness says it was very cold weather; is it likely the bill would be written on the skylight, when there was a good fire in the cabin?.
MR. CALDWELL re-examined. I believe a cent, and a half, or two cento, to be the current rate paid for stowing at Baltimore; three cents, would be excessive.
GEORGE WHEATLAND, JUN.— GUILTY of Forging. Aged 35.
GEORGE WHEATLAND, SEN.— GUILTY of Uttering. Aged 65.
Five Years' Penal Servitude .
HENRY THOMAS PARKIN . I am an outfitter of No. 66, Leadenhallstreet—the prisoner was in my service as errand boy from 12th Feb. to 17th March, on which day I discharged him, in consequence of something which my wife told me—I examined my stock, and found a deficiency in shirts and other articles—I missed about two dozen shirts—on 9th June, a boy named William Putney brought these three shirts (produced) to my shop, and said he had bought the pawn tickets—they are three which I had lost—he left some of the pawn tickets with me, and I gave them to the policeman—the prisoner was taken the same day in my presence at a public house in Fenchurch-street—T charged him with stealing the shirts—he said that he had never taken anything out of my place—the value of the three is 8s. 3d.—here is my private mark on them—I had never sold them—here is also my private mark on the paper in which they are wrapped; it does not belong to them, but I recognise it as having come from my premises—if the shirts had been sold, they would not have been wrapped in this paper, but in brown packing paper—the prisoner had access to my stock.
JOHN MARTIN . I am assistant to Charles Johnson, a pawnbroker of Providence-row—I produce a shirt pawned on 1st March, in the name of Thomas Johnson, No. 17, Market-street, I do not know who by—this (produced) is the duplicate.
WILLIAM PUTNEY . I am a porter of Francis-street, Clerkenwell—I was working with the prisoner for two months before I was at the Mansion House—I bought some tickets of him; this (produced) is one of them—I gave them to Mr. Parkin—these seem like them—I bought the last about a fortnight or three weeks before I was at the Mansion House—he said he got them of a young man who worked at the Eastern Counties station—I gave him from 4d. to 4d. each for them—I redeemed these three shirts with the tickets I bought of the prisoner—they were in paper with a label—I opened it, and saw a mark on the tails of the shirts, and Thomas
having told me that he had worked at Mr. Parkin's, I went there, thinking they had not been honestly come by, and gave them up—they had been pledged at Barton's, in High-street, Aldgate—I paid 3s. 2 1/2 d. for them.
JOHN SWINDON UPSALL . I am manager to Mr. Attenborough, a pawn-broker, of Whitechapel-road. I produce a shirt which I received in pawn for 2s., on 27th Feb.—this is the duplicate, which corresponds with one of these produced.
HENRY THOMAS PARKIN re-examined This shirt (produced by Martin) is mine, and has my private mark on it—these two tickets correspond—it was in ray possession when the prisoner was there—this shirt (produced by Upsall) is one of a similar description, but it has not any mark on it.
(The prisoners statement before the Magistrate was here ready as follows: "I have only to say that I bought these tickets—I cannot find the party 1 bought them of at present")
Prisoner's Defence. I have always borne a good character up to the present time; I lived with Mr. Mann, a bookseller, of Cornhill, for five years.
GUILTY . Aged 20.— Confined Six Months .
PLEADED GUILTY .* Aged 9.— Confined Two Years .
(To be sent to a Reformatory School.)
691. JAMES THOMAS WILKS (aged 11), feloniously placing an iron chair upon the North London Railway, at Hackney, with intent to over-throw an engine and carriages.—2nd COUNT, with intent to endanger the safety of persons travelling thereon.
MR. CLARKSON conducted the Prosecution.
WILLIAM THROSSELL . I am a coal porter, in the service of Lee and Company, who trade under the name of the North London Coal Depdt—the depot runs along the railway about 200 yards, along the Kingaland station—some palings run along the top of the embankment—I know the prisoner, and have driven him off the line before—last Thursday evening, at a few minutes past 6 o'clock, I was on the line, walking towards the station, and saw the prisoner creep under the palings from outside, and as I walked towards him, he walked underneath a stage, picked up this iron chair (produced), and laid it on the rail; a train was passing me at the time—he then turned back again—I was about seventy yards off; and walked towards him—he must have seen the train; it was coming up at the time he laid the chair on the rail, and he turned back directly he had done it, and went out through the same hole that he came in by—the train made a noise in coming along—he was creeping up the bank as the train passed, and the fence was over his head—the stage is close to the fence—I was seventy yards from the stage when I saw him, and I kept coming nearer—I was fifty or sixty yards from him when the train passed—I saw the life guard of the engine strike the chair, and saw the chair fly away—I then went in pursuit of the boy; he was not out of my sight above two or three seconds; I am confident of him; I have seen him frequently—I found him concealing himself behind a big stone; he had just got through the fence, and as soon as he saw me, ha went behind the stone—I went up, and said, "You are the boy I want, you have just been on the line"—he said, "You are a liar"
—I had driven him off the line two or three tiroes before—he has got through that hole two or three times—the children have scratched the dirt away underneath the palings, and then they slip themselves underneath—it has only been there a short time—I did not inform the Company of it, because I was not employed by them, but by Mr. Lee.
Prisoner. I never was under there but once, and that was the day I done it; he has never seen me there before. Witness. I have driven you off more than once.
COURT. Q. Did you halloo to the prisoner? A. No; the train was so close to me that he could not have heard me if I had—I was walking the same way that the train was coming.
EDWIN WEBB . I am fireman on No. 4, North London engine. I was with the train out of London, at a quarter past 6 o'clock this day—I shut off the steam about 500 yards before we get to the Kingsland station—I did so on this occasion, and when we got about 200 yards from the station, I said to my mate, "Hold, we are off the line" (we were not off the line)—as we came to the chair the iron life guard knocked it off, but if it had not been high enough to have been struck by the life guard it must have thrown the engine off the line—the life guard comes down within three or four inches of the rail, but it does not always succeed, it is according how it lies—if the wheel of the engine had struck the chair, it would have thrown us off and endangered the safety of the passengers—when I saw the chair I used the screw, more than I should have done if I had been going to pull up at the station—I attribute our escape from the danger to my extra exertions to pull up the train—the faster we were going the greater would be the danger—when I saw the chair, I put the break on much earlier than I other-wise should have done, and by that, mitigated the risk.
COURT. Q. Would it have been possible to put that on the line so that the guard would not strike it? A. Not this one; if it was laid on its side it would still have been struck by the guard.
ROBERT GUT (policeman, N 289.) Mr. Chubb, the Secretary to the North London Railway Company, desired me to apprehend the prisoner, and I did so on Friday morning, and received this chair from the engine driver—I told the prisoner in his father's presence, that I took him for laying an iron chair on the rail, he said, "I did not do it"—I took him before a Magistrate—I have seen the holes under the palings, they were not filled up yesterday, but the Secretary says that some boards shall be placed there.
Prisoner's Defence. I will never do it again if you. will let me go this time.
NOT GUILTY .
(The COURT was of opinion that the prisoner was too young to form the intent with which he was charged MR. CLARKSON stated that he had been twice charged with felony, but had been discharged by the Magistrate on account of his youth.)
NEW COURT.—Tuesday, July 3rd, 1855.
PRESENT—Sir JOHN MUSGROVE, Bart, Ald; Mr. Ald. FINNIS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY . Aged 16.— Confined Six Months .
PLEADED GUILTY . Aged 46.— Confined Six Months .
694. JOSEPH ASHTON and JOHN LE MONT , burglariously breaking and entering the dwelling house of Aaron Davis, at St. Margaret's Westminster, and stealing therein 8 watches, 3 neck chains, 1 scent bottle 30 pencil cases, and 1 case, value 11l. 19s.; his property: having both been before convicted: to which
ASHTON— PLEADED GUILTY . Aged 26.
LE MONT— PLEADED GUILTY . Aged 25.
Four Years' Penal Servitude
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ANN FERGUSON . My husband keeps a tobacconist's shop, near the East India-road. On 16th June the prisoner came, between 6 and 7 o'clock In the evening, for half an ounce of tobacco—he gave me a shilling; I tried it in the detector, it broke in two pieces—I asked him if he knew what he had given me—he said, "Yes, a shilling"—I asked if he knew it was bad—he said, "No," and asked me for the two pieces—I would not give them to him—he said he would not have the tobacco—he went away—I' gave the two pieces of the shilling to the policeman—I am sure the prisoner is the person.
MARY ANN SKINNER . I am barmaid at the Jamaica Tavern, West India Docks. On 16th June the prisoner came, about 8 o'clock in the evening, for a glass of ale—it came to 1 1/2 d.; he offered me in payment a counterfeit half-crown—I tried it between my teeth, found it was bad, and I told him so—I called my uncle, Mr. Montague, and showed it him—he gave it me back—it was not out of my sight—I laid it on a shelf—some time after, the constable came, and took the prisoner—I gave him the half crown which had been on the shelf all the while—there was no other money there.
Prisoner. Q. Did your master give the half crown to some more gentlemen? A. No, he did not—I can swear it did not go out of his hand—he returned it to me again, and I gave it to the constable—you told him that you got it in change for a sovereign at Blackwall; you did not know the name, but would take him to the place—the policeman came in, and would not allow it.
WILLIAM GRIMES (policeman, K 291). I took the prisoner at Jamaica Tavern on 16th June—I received this half crown from the last witness—the prisoner said he was a bricklayer, but had been out of employ for some time, and had lived at No. 1, Peter-street, Westminster, but at the present time was living in Clement's-lane, Westminster—I went to inquire,
but could not find such a place—I went to both the police stations, and they did not know such a place—I went to No. 1, Peter-street, and they did not know such a person—I found 17s. in good money on him.
Prisoner's Defence. I know nothing about the shilling.
GUILTY . Aged 25.— Confined Four Months .
MR. ELLIS conducted the Prosecution.
ELIZABETH JANE POTTER . I am the wife of William Potter, who keeps the King's Arms, near Clare-market On 12th June, I saw the prisoners about 11 o'clock at night—they came together, and Groves asked for half a quartern of rum; it came to 2 1/2 d.—she offered me a sixpence, and I passed it to my husband.
WILLIAM POTTER . I was by when the prisoners were there—my wife passed a sixpence to me; it was bad, and I detained them for the space of ten minutes and then let them go—I set a policeman on the watch, and showed him the sixpence, but he said I had better keep it—I broke it, and put the two pieces in my pocket; I afterwards gave them to Butler—I am positive they were the pieces of the sixpence my wife gave me.
CHARLES BEARDSALL . I am barman at the Marlborough Head, Drury-lane. On 12th June, the prisoners came together about twenty-five minutes past 11 o'clock at night—Groves called for half a quartern of rum—it came to twopence; she offered me a shilling—I put it in my teeth and bent it—I found it was bad, threw it on the counter, and a policeman came in and took it up directly.
Groves. Q.. You have known me for years by coming to your shop; did I ever pass bad money before? A. No.
Coleman. Q.. You have known me eight or nine years? A. Yes, I have known you both by coming to our place—I never knew you offer bad money before.
JAMES BUTLER (police-sergeant, F 13). I received a communication from Mr. Potter on 12th June—I followed the prisoners from Houghton-street, Clare-market, to Drury-lane—they went into the Marlborough Head, and I went to the door—I saw Groves call for some rum, and tender something on the counter—I saw the barman take it up, and from his manner I thought it was bad—I went in—he put it down on the counter, and Coleman put her hand out with intent to take it up; I took it, and took the prisoners into custody—in going to the station Coleman said so help her God she had it; alluding to Groves—this is the shilling, and these are the two pieces of the sixpence.
Grovess Defence. I work very hard in Covent Garden market; I sold four geraniums for 1s. 6d. to a gentleman, and asked if I should take them home; he said no, he would take them himself; I am a widow, and have a family; I worked in Covent Garden market many years; I never was taken before on such a charge.
GROVES— GUILTY . Aged 55.
COLEMAN— GUILTY . Aged 30.
Recommended to mercy by the Jury. Confined Four Months .
MESSRS. BODKIN and CLERK conducted the Prosecution.
of the conviction of Moss Lyons for uttering counterfeit coin—I received it Mr. Clark's office—(Read: "Central Criminal Court, Moss Lyons, convicted August. 1854, of uttering a counterfeit shilling to Elizabeth Taylor, and within ten days another counterfeit shilling to the same person, confined nine months")—I was present—the prisoner is the person.
EMMA LIGHT . I keep the Victoria coffee shop, in Great Queen-street, Lincoln's Inn-fields. On Monday, 28th May, the prisoner came about 12 o'clock in the day, and asked for half a pint of coffee and a slice of bread and butter—I served him—they came to 1 1/2 d. and he gave me a shilling—he drank the coffee and ate the bread and butter while I was gone for the change—I gave him the change, and he left the shop immediately—I tried the shilling in the detector, and it was bad—I put it in a drawer by itself—on the following Monday, 4th June, the prisoner came again about 12 o'clock for half a pint of coffee and a slice of bread and butter—he gave me a shilling—I tried it; it was bad, and I put it in the drawer with the other, bat I did not have him taken, because I had no one to send for a constable; I was alone in the shop—on 11th June, he came about 12 o'clock for half a pint of coffee and a slice of bread and butter—I gave them to him, and he gave me a shilling—I had a lad in the shop, and I sent him for a constable—I kept the shilling in my hand till the constable came, and gave it to him—I had tried it, and discovered it was bad—I gave the other two shillings to the constable—they had been in the drawer where I placed them till I gave them to him—there was no other money in that drawer, and I had put no other money there in the mean time—I charged the prisoner with having gave me that bad shilling that day, and having been there on two Mondays before, and given me a bad shilling each time—he did not give any answer.
Cross-examined by MR. TALFOURD SALTER. Q. I suppose this was not the first bad money you took? A. Yes, it was—I had only been there one week before the prisoner came—he came each time on Monday morning—it was not that which made me think he was the same person—I was certain of his person—I should know him if I met him in the street—he came the second time and asked for the same things, and I gave him the full change, 10d., because I had no one to send for a constable—I had served him before he gave me the shilling—I intended to give him in custody if I had had any one to send for a constable—it occurred to me that he was the same man before he gave me the shilling.
THOMAS ROCHE (police-sergeant, F 35). The prisoner was given into my custody—the prosecutrix said that she had received these other two shillings from him—he said that she was mistaken in the man—I searched the prisoner, and found on him 1l. 12s. 10d. in good money.
Cross-examined. Q.. He did not make any attempt to escape? A. No. WILLIAM WEBSTER. These three shillings are bad.
GUILTY . Aged 22.— Confined Two Tears .
MR. METCALFE conducted the Prosecution,
GEORGE JAMES KING . I am warehouseman in the employ of Messrs. Robert Schofield and others, No. 1, Gresham-street, City. We had been in the habit of receiving goods from Messrs. Chapman and Co., No. 68, Cheapside, on approbation—that is a customary thing in the trade, on sale or return—on 4th June we received a parcel of goods from them—the prisoner
brought them—it was fifteen pieces of mousselin-de-laine—the value of them was 10l. 5s.—the prisoner brought this invoice (produced) with them—I received them from him, and, to the best of my knowledge, signed his book—the goods remained in the warehouse till 11th June, when the prisoner came again, about 12 o'clock, and asked for the goods—he said. "I have called for the goods you had on approbation from Messrs. Chapman' 1—I said, "Very well; count the number of pieces; how many do you make them?"—he said, "Fifteen"—I said, "Very well; sign your name here;" and he did, and took away the goods.
Cross-examined by MR. SLEIGH. Q. You parted with them, believing the representation ho made to be true? A. Yes, and he gave me this signature.
CHARLES BOUTS . I am a partner in the firm of Chapman and Co. On 4th June I sent some goods to the last witness's by the prisoner—he was then in our service—he was discharged on 5th June, and not taken on again—he was not in our service on 11th June, and had no authority to go for these goods—we never received them—when goods are sent to Messrs Schofield, we send for them back—we send round to the houses, and once a week take stock of what they sell, and the rest remain, or are taken back—till we have taken stock in this way, the goods remain on sale or return—the goods remain our property—when we find they have been sold, we make an invoice as being sold by us to them, but up to that time they remain our property.
Cross-examined. Q.. You never did send for these goods? A. No—if goods are not returned, we do not hold the person to whom they are sent responsible till we enter them to him—if they are never returned, we hold him responsible for them.
MR. METCALFE. Q. Till you ascertain that the goods have been sold or lost by them, you retain them as your property? A. Yes.
MR. SLEIGH. Q. So long as these goods remain in possession of the person to whom you send them, so long you consider that person responsible for them? A. No.
Q. These goods were delivered to Schofield and Co.; suppose they had been burnt down, would you not have held them responsible for them? A That is a question I really cannot decide—till goods are returned to us, we hold the parties to whom they have been consigned or sent, responsible for them.
MR. METCALFE. Q. You treat it as a deposit? A. Yes.
Jury. Q.. When these goods are sent out, they are sent on sale or return? A. Yes; not entered up to the person—if they are sold after seven or eight days, they are entered by invoice—in case of the place being burned, we should make them responsible.
JESSE BUSHROD (City policeman, 428). On Thursday, 14th June, I took the prisoner; he was given to me by Mr. Chapman—after he was in my custody he said, "The fact of it is, I have been connected with very bad parties in Westminster-row"—I said, "Had these persons any connection with you when you got the goods?"—he said, "No, but they told me where to sell them in Westminster"—I asked him, "Where?"—he said he could not recollect the name or the number, but it was a small boot and shoe shop adjoining two butchers' shops, near the church, by the new road—I went and found a place just as he described, in Tothill-street, Westminster, but I could not find the property.
GUILTY . Aged 24.— Confined Six Months .
OLD COURT.—Wednesday, July 4th, 1855.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Baron PARKE; Sir CHAPMAN MARSHALL, Knt., Ald.; Sir JOHN MUSGROVE, Bart., Ald.; Mr. Ald. SIDNEY; and RUSSELL GURNEY, Esq.
Before Mr. Baron Parke and the Third Jury.
MR. RYLAND conducted the Prosecution.
MARY MACAULAY . I am an unfortunate girl. I knew the deceased Hannah Bell, for about two months—I lodged in the same house with her for three weeks, at No. 2, Five Bell-alley, Limehouse; it is a bad house—on Monday evening, 11th June, I went to that house with two men, between 5 and 6 o'clock—the deceased was at home—she kept company with one of the men down stairs, and I went up stairs with the others—I was talking to the man just inside the room door when the prisoner followed me up, took hold of the man and threw him down stairs, and cut his mouth—I do not think I had ever seen the prisoner before that day—I do not think he was very drunk, he did not seem to be drunk, he was able to beat us very well—after he had thrown the man down stairs, he commenced beating him; I begged of. him not to kill the man, and he caught hold of the hair of my head, threw me down, and began to kick me—the deceased came to my assistance; we were then down stairs, I had come down after the man; she endeavoured to prevent the prisoner from ill using me, and he took hold of her two arms and struck her with his fist on the breast or stomach, I do not know which; she fell from that blow—I believe she fell down side-ways, I do not think she fell partly on her knees—he then lifted his foot as if to kick her, I do not know that he did kick her—I then left the room, went outside the door, and the prisoner followed me, took me by the hair of my head, pulled me down, and commenced jumping upon me before the door—I was saved from him, and went in doors, and he then went away—in a very short time the deceased came into my room—she then had a big lump on her jaw—Mrs. Slaughter, who lives in the same court, came in with her; she was struggling to walk, she walked with difficulty—when she came in she got faint, and fell back on the boards—she told Mrs. Slaughter to bring her some vinegar—she fainted—Mrs. Slaughter and I laid her on the bed, and she got some vinegar and bathed her head—T did not hear her speak any more—I laid down on the bed with her—I was not long on the bed before Mrs. Slaughter came back, and told me that the prisoner was coming back, I then went out—I think that was between 8 and 9 o'clock—I left the deceased on the bed in a faint—I came back at a quarter past 12 o'clock—I went in with a policeman, and found the deceased dead on the bed.
Cross-eaxmined by MR. SLEIGH. Q. She was not a very sober woman, was she? A. She was not, but she had no drink whatever that day—I had been with her the whole day—she used to drink a good deal—when the prisoner first struck her I do not know whether she fell on her face and hands, or on her side, she fell between the table and the bed—I am not sure whether she fell on her face and hands; I think she did—when she came back into the room she was in a fainting condition—she fell down on the
floor violently on her back, and I and Mrs. Slaughter lifted her up and put her on the bed—I had not been drinking, nor had she, for she had no money—I paid her rent to the landlady that morning.
RACHEL SLAUGHTER . I am the wife of George Slaughter, and live at No. 2, Five Bell-alley; not at the same No. 2 as the deceased lived, but three doors off. I was at home on Monday evening, 11th June, between 5 and 6 o'clock, and heard screams from the other No. 2—I went there; the door was shut, I pushed it open, and went in—I found the prisoner there in the lower room, and saw him strike the deceased in the chest—it did not seem to have the least effect—she fell down on her knees—Macaulay was not present then—the prisoner was beating her out of the alley at the same time—the deceased's head and face did not touch the floor—she then went into my house—she was able to walk by herself—she remained in my house, I dare my, nearly an hour; she was sitting on the step of my door, and the prisoner came back and gave her two kicks; one on the left side of her face, and one on the jaw—they were very hard kicks—I did not notice what sort of shoes he had on—she went in, and sat in my chair—I afterwards saw her to her lodging—she told me to go and get her some vinegar, which I did, and bathed her—as near as I can guess, it was about 8 o'clock when I left her; she seemed rather faint then—I went back about 9 o'clock, or between 9 and 10, she then seemed as if she was asleep; she said to me, "God bless you, and God will bless you;" that was after I had bathed her face—I remained till the prisoner came in again, that was about 10 o'clock, or a little after—he was drunk at first, but he was pretty sober when he came in the second time; he was quite aware what he was doing at first—he said nothing when he kicked her the second time—he said, "You b——w——, I mean to have your life"—that was when he gave her the blow in the stomach, on the first occasion—he was not to say over tipsy when he said that; he knew what he was doing—I did not know of any quarrel between them that night, or at any other time; I believe she was always afraid of him, by what I heard—she did not keep company with him—I did not remain with her till she died—I went in about 12 o'clock, and then she was dead—the prisoner was in the place by himself.
Cross-examined. Q.. Was it when you went in, after hearing the screams, that you heard the prisoner make use of the language you have told us A. Yes—at that time Macaulay was there; they were all three struggling together.
JOHN ROBINSON . I am an engineer, and reside at Limehouse. I knew the deceased—on Monday evening, 11th June, I was passing through Five Bell-alley, about a quarter or half past 6 o'clock, and saw the prisoner beating the deceased up against the wall, about three or four yards from her own door—he had got hold of her by the top part of her dress behind, with his left hand, and was beating her with his right hand over the back part of her head and neck; her hair was all hanging down disordered, and her cap too—from the time I first saw them till I got out of the alley, I saw him strike her seven times—I did not interfere—I spoke to one of the neighbours at the next house; I do not know his name, but he is an Irishman, and he said, "You had better get away for the safety of your own life; if he rips you open with a knife, who is to give you redress?"—he advised me to go away, and let them alone, and I did so—it seemed all quiet, there was nobody about in the alley—I had known the deceased about three years and a half—she did not keep company with the prisoner to my knowledge—he did not lodge in the alley at that time, he did about eighteen months ago—
he was not acquainted with her to my knowledge—about 8 o'clock I was passing through the alley again, and saw the deceased sitting on the step of Mrs. Slaughter's door with her elbows on her knees, and her hands up to her head—I said to her, "Halloo, mother, how do you feel now?"—she used to go by the name of Mother Robinson in the alley—I heard Bay that she was about thirty-six years old—she said, "I feel very bad, my head is very bad; I think I am dying."
Cross-excamined. Q. I suppose the reason why you did not interfere was because these squabbles are not very uncommon there? A. That is quite right—there is often a bit of a row there; they generally have a row in the summer time—I have passed through the alley for nearly four yean, and I never saw anything wrong; they never interfered with me—I am positive that the deceased said her head was very bad, when she was sitting at the door step—this is not the first time I have said so; I said so at the Thames Police Office, unless I am very much mistaken.
COURT. Q. Did not she say she was awful bad, and she was fearful she was dying? A. No—she said she felt her head very bad, and she thought she was dying.
ELLEN MAHONEY . On Monday night, 11th June, I went to No. 2, Fire Bell-alley, about five minutes to 11 o'clock, or five minutes after—Mrs. Slaughter brought a pair of steps, and I went in at the up stairs window—I did not try to get in at the door—I found no one in the up stairs room—I went down stairs, and found the deceased lying on the bed in the down stairs room—I did not look at her so as to see whether she was alive or dead—the prisoner was in the room, sitting in a chair asleep behind the door—I believe he was drunk—I roused him up—he did not get up at the moment; he did afterwards, and he staggered about—he was afterwards taken into custody.
PHILIP POWELL (policeman, K 364). From information I had, I went to this house on Monday, 11th June, about 11 o'clock at night—I could not get in; things were very quiet, and I went away—I heard more, and went again about 12 o'clock—I went to the door, and asked for Foley, twice—the prisoner came to the door and opened it—I went in, and saw the deceased lying on the bed apparently in a dying state, and the prisoner at the foot—I said to him, "What have you been doing to Hannah?"—he replied that she was in the same state then as she was when he came into the bouse—I looked at her, and saw a mark on her left cheek—I could not say whether she was alive or dead—she did not speak—I took him into custody.
Cross-examined. Q.. Did you notice that he was drunk? A. Yes, he was drunk.
THOMAS HOLMES (police inspector, K). I went to the house on Tuesday morning, 12th June, at half past 12 o'clock—I found the deceased lying on the bed in the ground floor room; she was dead, and the body cold—the prisoner was not there then—I sent Powell after him, and he brought him back to me—I said to him, "Foley, this woman is dead from the effects of your violence"—he said, "I know nothing about her; I have not hurt her"—I immediately sent for a surgeon—Mr. Pritchett arrived first, and Mr. Giles shortly afterwards—the prisoner was much the worse for liquor.
SARAH HATES . I am the wife! of William Hayes—I have known the prisoner for two years and four months. On the evening of 11th June, about twenty-five minutes past 10 o'clock, I saw him next door to the Five Bells public house, talking to a female who goes by the name of Maynard—I did not speak to him—1 was running down the street—he was not
drunk, but he was fresh for drink—he said to me, "Where are you running to, Mother Hayes?" I said that I was going after some money for some work that I had taken home, and I wanted bread for the children—he said he knew my husband had been idle—I said, "I hear you have been idle to day;" he said, "Yes, I have, but it is for my own satisfaction, and that I will have before I sleep"—I asked who had been offending him; he said that b——wh——, Mother Robinson, and he would have her life and the wh——'s life that was with her—I begged of him to go home to bed, and not to ill use anybody, but he still persisted in the oath, and repeated the same words repeatedly, and he said he had got a hammer in his pocket—he took my left hand and thrust it into his left jacket pocket, and there I felt an iron substance like a stonemason's small hammer, just such a one as I could span with my hand—he said he would take that and knock their b——heads with it—he held my hand in his possession in his pockets for some minutes—I asked him what the cause of quarrel was, and he said it was because she pushed up against him—he did not say when—I told him people often pressed up against one another, and not to think anything of that as an offence—he mentioned another woman, and said if Mother Kit Lee came through the alley, he would first warm the hammer over her head, and then he would settle the other two b——s afterwards—he released my hand to show the way in which he would use it over their heads—I did not see the hammer, for as soon as he let go my hand, I took to my heels and ran away from him—I expected he would give me a blow with it.
Cross-examined. Q.. What are you? A. I cane chairs and sofas—my husband worked with the prisoner for a long time—I live at No. 59, East-man-street; that is about three quarters of a mile from Five Bell-alley—I had been to take some work home, and was going to Three Colt-street for the money—Mrs. Maynard is not here—she was present during the whole of this conversation, but she was rather intoxicated—I have known her about the same time as I have known the prisoner—I know where she lives, but I do not know where she is now—I am positive the prisoner spoke to me first—I have a great dread of him—I never speak to him—my husband and he have worked together at different times for different employers—they have never had any quarrel, nor have I—there was a little difference with a neighbour, but it was nothing at all; it was two years and four months ago—he has always nodded and spoken to me since, and I the same to him when he was sober—the difference was this, he had been making a great piece of work with several different females, and he knocked me down with one of them, but whether it was an accident or not I do not know; I did not consider it an accident at the time; he gave me two very tremendous blows—I did not give him into custody, nor threaten to do so, nor did my husband—my husband said he was tipsy, and he was not in his proper senses when he was tipsy—there were three or four women in the row—I lived in Five Bell-alley at that time, and he lodged next door but one to the deceased—I was coming along with a loaf of bread in my hand, and he struck me—he did not speak, but went off as quickly as possible—I afterwards saw one or two of the women he was quarrelling with, with tremendous black eyes; that was when he had got a man down opposite my door—my eyes were rather darkened from the heavy blows he gave me on the head—there was no quarrel between us then—I only rescued a man from being murdered by him—he was giving the man severe blows and kicks, I interfered; that was very possibly the reason of his giving me the blows—I told the Coroner about his addressing me as Mother Hayes—I am sure he spoke
to me first—I do not know whether I have mentioned before today about my begging him to go home—I have repeatedly mentioned that he said he had a hammer in his pocket—the woman, Maynard, was present when he said so—I have not had any conversation with her since that night—I have mentioned before to-day that I felt an iron substance in his pocket—I did not say it was a stonemason's hammer; this is the first time I have said tbat—I have mentioned before today that he said he would knock their b——heads in with the hammer—I do not think I have said before that the cause of quarrel was the deceased pushing against him, or that he said he would first warm the hammer over Kit Lee's head, and then finish the other two b——s afterwards—I have said before that he said he would show us which way he would use the hammer.
WILLIAM GILES . I am a member of the College of Surgeons. I was called to No. 2, Five Bell-alley, a few minutes after 1 o'clock, on Tuesday morning, 12th June—I saw the deceased lying on the bed dead—I should Bay she had been dead about an hour, the extremities were cold, but there was warmth about the trunk—I found a contusion on the left cheek, which had evidently occurred from a kick, for there were five nail marks on the cheek—I found on the left half bf the lower jaw a very extensive contusion—it might have been occasioned by a violent blow equally with a kick, but most probably by a kick; I could not say with certainty, there were no marks of nails there, it was on the bone—it could not have been done by a hammer, because the hammer would cause fracture—on the Thursday following, assisted by Mr. Pritchett, I made a post mortem examination—on opening the head, immediately upon removing the skull cap, I discovered a rapture of the longitudinal sinus, a large blood vessel that runs across the head from front to back—the blow on the cheek might have occasioned that rupture—on the anterior part of the brain I found a solid clot of blood, measuring four inches by three, and weighing four ounces and a drachm, that represented a larger quantity of blood, because some serum would have oozed away—I have no doubt that the blow was the cause of the rupture—in a row, or where something unusual occurs, and great excitement is the consequence, more blood is sent into the head than usual—so severe a kick, or kicks, as the deceased appears to have had, might have ruptured the sinus—it might also be caused by pressure on the jugular vein—the pressure of the blood upon the brain was the proximate cause of death—if that blood had resulted from disease, it would have been either in the substance of the brain, at the back of the brain, or in the ventricles; I saw no other cause of death—I saw no trace whatever of the use of a hammer.
Cross-examined. Q.. Might not the rupture of the sinus be caused as well by a fall as a blow? A. It must have been a very heavy fell, I think not—I do not think a violent fall, and the head coming in contact with the floor, or a hard substance, would be likely to produce the rupture I found—I should say it was impossible for a fall to do it, considering how dense the sinus is, and how severe the injury must be to rupture it—it is impossible for a simple fall on any hard substance to cause a rupture of the longitudinal sinus in a person of her age, and to have so large a quantity as four ounces of blood effused—I have never been engaged in a case of manslaughter from a pugilistic encounter'—I know that in such cases it requires very nice discrimination to say whether death resulted from a blow or a fall; in those cases the blood is always in the substance of the brain, the ventricles, or the posterior part of the brain; you never get a large clot of blood of four ounces under the frontal bone—there was no fracture of the skull—
the extravasation in this case must have been rapid, the vessel ruptured being so large—I think I can positively say that the rupture was not caused by a fall; there was more than an ounce of blood effused between the skin and the cheek bone, and the swelling was about an inch and a half in thickness; it must have been something more violent than any fall—we dissected the scalp from the cranium, and took the brain entirely out.
Cross-examined. Q.. Is there not a difficulty in deciding positively whether the proximate cause of a rupture of the sinus id a blow or a fall A. As an abstract question, I think there is some difficulty—I have heard the evidence to-day—I heard the first witness state that the deceased had a fall, that was subsequent to her having the big lump on her jaw—if she had fallen violently on the boards, the rupture might have resulted from that.
GUILTY of Manslaughter . Aged 24.— Transported for Fourteen Years .
MR. CLARKSON conducted the Prosecution.
JAMES CHATTEN . I live at Middle-row, South, Knightsbridge, and keep a coffee house; the prisoner is my wife. On 13th June she came home about 12 o'clock at night; she had been drinking, but was not drunk—I asked her how it was she was so late in—she said she had been after some dress—I said, "I cannot allow this, and I shall not take you out if you have been getting a dress to go out"—she had gone out about 6 or 7 o'clock to take up a servant's character, and that would not have taken her above two hours—she was perfectly sober when she went out—when I said this to her, she replied, "If you won't take me out, you shan't go out, for I will burn your trowsers;" and she ran up stairs to fetch them—she brought them down, and I prevented her from putting them on the fire—there was a fire burning in the kitchen, and she would have put them on the fire, if I had not prevented her—she then took up the cups and saucers, and smashed them through the windows; she broke six or seven windows—she then tried to run up stairs, but I prevented her, because I had some money up stairs—I got before her, and she was not able then to get up stairs—I saw a knife in her hand; she must have got it from the bar—there was a struggle between us for me to prevent her going up stairs, and I found I was wounded in the back, right on the shoulder bone—I cannot say whether she struck me, I was so flurried, seeing her with the knife, but I found myself wounded—I turned round and saw the knife in the hand of a carpenter, who was at work there—I bled very much—I remained in the house about a quarter of an hour, and then went out to look for a surgeon to get my wound dressed—my wife was in the house during that time, and saw the state I was in—I said, "Look how I am wounded; look how I am bleeding"—she made no answer—I said to the man who was in the house, "Go and fetch me a surgeon"—no one did go, so I put on my coat and hat to go myself; the carpenter went with me—my wife followed us in a short time, and overtook me—she did not do or say anything for some time—I still went on, and she said, "Come back, you shan't go;" and then, when we had got just beyond the police, she struck me in the eye with her fist—I was very weak at the time—the effect of the blow was to swell up my eye, and I had a very black eye—the policeman then came up and interfered,
and ultimately took her into custody—I went to St. George's Hospital, and have continued to go there nearly up to the present time; I do not suppose I shall have to go any more, I do not suffer much pain now—I have to state that my wife is a very good wife when she is in her sober senses, and if I could only keep her at home, no man could have a better wife—she is a good industrious woman—I am sure she could not be in her right senses when she did it, because she is always so different when she is sober.
Cross-examined by MR. DUNCAN. Q. With respect to the use of this knife, do you not think it might have been an accident? A. I really think it might, I do not think she would do such a thing—she is a very good woman when sober, and very hard working and industrious—she very often complains of her head, and I think when she gets a glass to drink she does not know what she is about.
JAMES EASTAUGH . I was at the prosecutor's house on the night of 13th June, when the prisoner came home—I heard a few words occur between them, and I turned out of the house—I did not want to hear their affairs—I returned in a few minutes and found a glass lying on the floor, which I took very little notice of; I walked into the coffee room to my work, and after a few minutes I heard Mr. Ohatten say, "I am wounded"—I went to the foot of the staircase where they were, and saw the prisoner lay the knife on the counter—I picked it up—I afterwards went out with Mr. Chutten, intending to go to the doctor's—his wife followed, and as soon as she over-took him, I left.
TIMOTHY HOLMES . I was house surgeon at St. George's Hospital on 13th June, when the prosecutor came there about 1 o'clock in the night—he had ft cut above the right shoulder bkde, about three inches long, and between half an inch and an inch in depth; it did not go to the bone, it was a large serious wound, but not likely to be dangerous to life; such a knife as this (produced) might have done it—he has been three weeks under my care, and is still an out patient—the wound has not yet healed—he also had a black eye.
WILLIAM BOURNE (policeman, B 209). I was on duty on this night, at the corner of Grove-place, between 121 and 1 o'clock, and saw the prosecutor—I could not see at first what state he was in, he had a coat on over his light jacket; when I lifted the coat up I saw that he was bleeding from a wound in the back—the blood was running into his trowserfl, and from his trowsers on to the pavement—I saw the prisoner strike him in the eye, and he fell backwards on to a door step—I tjook her into custody; she asked me re-, peatedly on the way to the station to call her husband back, not to do anything with her—I have the jacket and shirt here, they are cut through.
JAMES CHATTEN re-examined. This is the knife; it is one we use to cut up rounds of beef with—I saw my wife take it up from the counter when the struggle took place—whether she took it up for me, or for any other par-pose, I am not certain—she was not so drunk as not to know what she was about—we have been married fouif years.
GUILTY of unlawfully wounding. Aged 23.— Confined Six Months .
NEW COURT.—Wednesday, July 4th, 1855.
PRESENT—Mr. Justice CRESS WELL; Sir CHAFMAN MARSHALL, Knt., Ald; Sir JOHN MUSGROVE, Bart, Ald.; Mr. Ald. FINNIS; and Mr. Ald. CUBITT.
Before Mr. Justice Cresswell, and the First Jury.
PLEADED GUILTY. Aged 25.— Judgment Respited
MR. CLARKSON conducted the Prosecution.
EDWIN LANGFORD . I am the son of William Langford—he lives at No. 53, Broad-quay, Bristol, and is a chronometer and watch maker—I was living with him in Feb. last—I was at home on the night of 21st Feb.—the property, a portion of which I have since seen, was all safe that evening—in the course of that night the premises were broken open, and in the morning we missed property to the amount of from 2,700/. to 3,000l—it consisted of 120 gold watches, 100 silver watches, and 100 or more gold chains, and seven gold job watches—my father offered a reward of 200.—we did not succeed in obtaining any information between that time and 21st April—about that time I came to London, and went to the house of Henry Webster, a watch maker, No. 7, Albert-terrace, Camden-town—in consequence of an application of mine to him, he showed me some watches, and amongst them was one that I knew—after some conversation with him, I agreed to purchase that watch—I got it into my possession; I paid 9l. 10s. for it—this is it—it is one that was stolen from my father's house on the night of 21st Feb.—in this part, where the maker's name is usually placed, the name has been taken out, and a new number put on it—there is no name on it now—the plate has been reduced—the name on it was "William Langford, Broad-quay, Bristol"—I did not see any other of the watches we had lost at Mr. Webster's then—having purchased this watch, I came away—I went again on the following Tuesday, the 24th; I went alone—I did not find any more of my father's property on that second occasion—I went again on the following day, and by my instruction Jackson and Mason followed me in and searched the house, and in a little nest of drawers on Mr. Webster's work board, I found two gold cases and two movements belonging to the cases—these are them—I have put them together since—the original names have been taken out, and other names put on, and the numbers have been altered, by making "1" into "4," and "2" into "8"—that was all we found—Webster was taken into custody, and taken to the police court—he was afterwards admitted to bail, and then examined as a witness—on Thursday, 26th April, I went with Jackson to the house of a watchmaker named Bartman, No. 50, Compton-street, Clerkenwell—I there found five gold cases and four parts of movements—I am able to identify them as a portion of the property my father losfc—Bartman gave an account of where he got them from—these are them—I have here got the watches and parts of watches that we found at Bartman's
—all of them except one are deficient of the parte on which the names are usually put, or at least where they were put on these cases—I am able to Bay that these watches have had my father's name on them, "William Langford, Broad-quay"—one of them was deficient of the pillar plates, but they were found at Webster's—from what I learned, I went the same night to the house of Gray—Bartman and Jackson went with me—Gray lives on Clerkenwell-green—he carries on the business of a jeweller's tool dealer—he has a shop—there seemed nothing but tools—Gray was at home—Jackson and I and Bartman went as far as the end of the churchyard, iind left Bartman in custody of a constable—Bartman had the watches in tin boxes—Jackson and I went to the iron sate leading to the side door of the house, and Mr. Gray answered it—Mr. Jackson said he wanted to speak to him—he opened the gate, and I said, "I want to buy some crossing files"—that was to get into the shop—he showed us into the shop, and Jackson put the following questions to him: "Have you any watchest" he said, "No"—"Have you had any lately?" he said, Not for many months"—I then gave him into the custody of Jackson—Jackson put the questiont to him again, and told him he was an officer, and he gave the same answers, negatives to all the questions—Jackson then told me to open the front door—I opened it, and called Bartman in, and Jackson said, "Mr. Bartman, from whom did you have those watches you have in the box?" he said, "From Mr. Gray"—Gray said, "Oh, I remember now, I did give then to him"—we then searched the house, but found nothing else—he was then taken to the police court—all the property produced is a portion of what we lost—there are six watches from the north of England, which have been altered—they were sold by Mr. Webster.
HENRY JACKSON (police-sergeant, H 11). I accompanied Mr. Langford in search of this property—on Wednesday evening, 25th April, I went to Mr. Webster 8, in Albert-terrace, Camden-road—I have seen the property that the last witness has identified—that is the property found there—I assisted in searching Mr. Webster's premises, and brought away the property identified by Mr. Langford—on the evening of the 26th 1 went to the house in Compton-street, occupied by Bartman—he produced this property to us, and gave an account of it—in consequence of what was disclosed there, I went the same evening to the house of the prisoner, about 9 o'clock—I went into the shop with Mr. Langford, and saw Mr. Gray—I asked him if he had any watches altered, or sent any to be repaired in any way—he said, no, he had not—I was in plain clothes, but I disclosed to him that I was an officer—I said, "Be very careful, Mr. Gray; I am an officer belonging to the police; I will ask you again;" which I did, and he said, no, he had not had any watches in his shop for four months—Mr. Langford then undid the front door—the shop was shut at that time—I called Mr. Bartman in—he came, and brought in this tin box—I asked Mr. Bartman of whom he had those watches—he pointed to Mr. Gray, and said, "I had them of Mr. Gray"—I then told him he must consider himself in my custody—I asked him if he had any bills or invoices of either of them—he said, no, he had none—I asked him of whom he purchased these watches—he said, "I bought them one or two at a time, over the counter; I do not know who I bought them of—I took him to the station, and he was afterwards taken before the Magistrate—he was bailed after the examination, and after he got outside he gave a description of a man of whom he said he bought them—from the description he gave me, I told him I knew the man
very well—he had been in custody before—he could not recollect the name, but he afterwards told me the name—I made arrangements to meet him at Spital-square station at 3 o'clock in the afternoon—I met him, and we went down to a public house in Cambridge-heath-road—he went inside with his friend, Mr. Symons, a gentleman who bailed him, and the sergeant and I remained outside, at the corner of the house—he was in, it might be three or four minutes, when he came out, and said, "There is one of the men just gone along; he is the man that took the money for the watches"—I said, "Why did not you follow him out and give him in charge directly, as you had a very good opportunity?"—I had not an opportunity of seeing the man that he represented then, but I did afterwards—Mr. Gray said, "I think I know where he is gone to; I think I can find him"—I said, "We will follow behind you, and will go into the public house, the Gossett Anns, in Gosseti-street, and remain there;" and as sergeant Mason and I were going down Montague-street we saw three persons in close conversation, Mr. Symons and Mr. Gray, with a short man—we went about ten paces round the comer, and I told Mason to stop there—in about a minute or two Mr. Symons came round the corner, and he said, "That is the man; that is the man; go and take him"—I saw two men walking up the street, about thirty yards off—one, I have no doubt, was Mr. Gray—I told Mason to make haste up; if that was the man he might get him—Mason ran up, and, just as we got within about sixty yards, Gray said, "That is the man; I have lost him."
COURT. Q. You saw two men, and one was Gray? A. Yes—we followed them, and lost sight of both of them, because they went round a corner to the right—I saw Mr. Gray again at the corner of the turning—he came back, and said, "That was the man; I have lost him"—I said, "If that was the man, why did not you give him in charge when we passed you so close just now?"
MR. CLARKSON. Q. Had you before passed the man that Gray pointed out? A. Yes, passed close to his elbow—I said, "Why did not you give him in charge when we passed you just now?"—I said, "He can't have gone far; he can't have run away"—Mason said he must have seen him round the corner, and he did not see him—Gray said he knew the house where the man lived, and he pointed it out to us, and we went and sat in the house till 4 o'clock in the morning—we have not found him since—the name he mentioned was Day—the house is in Cambridge-heath-road—that was not the same person that I stated I knew—Gray and his friend then went home.
Cross-examined by MR. BALLANTINE. Q. They remained as long as you did? A. I think they did; they might go a very few minutes before—Qray had been bailed—I cannot recollect whether he went before Symons or no"t—he said afterwards that it was my fault that this man escaped—he said, "Why did you not take him?"—I said, "How was I to know he was the man?"—I said it was his fault that I did not take him—he did not say that was a lie—he said he was so flurried at the time that he did not know what to do—I had arranged to meet Gray at the station in Spital square—when he got there I was not there—I was there a few minutes afterwards—I was there between 3 and 4 o'clock—I do not think it was nearer 4 than 3 o'clock—I was not in a public house playing billiards then—Mason, and myself, and Gray, and Symons, went to the Gossett Arms—I think we had a game at bagatelle—it was too early to go down to this place—it might
have been 7 or 8 o'clock; I cannot recollect exactly the time—I suppose we might have been there half an hour—it was between 7 and 8 o'clock in the evening.
COURT. Q. Was it before you saw Gray and Symons and the third man standing in the street? A. Yes.
MR. BALLANTNE. Q. But did not Gray come and find you at the public house? A. Yes—the arrangement was that he should come to us.
Q. When he got to the house where you were playing bagatelle, did he not want you to come with him at once, and did you not tell him to wait till you had finished your game? A. It might have been said so, if the game was not quite finished—I do not say that I did not say so—those words might pass—I will not Bay one way or the other—I might have said so—I think we had two games—we were waiting for them coming back.
JAMES MASON (police sergeant, S 25). I was with the last witness on the occasion when we went to Webster's—I did not go to Gray's house—I went with Gray and the last witness and Symons to Bethnal-green, on Friday, 27th April—we met at the Spital-square station, about 3 o'clock in the afternoon—we went to a public house where sergeant Jackson and Gray agreed we should meet—we then went into the neighbourhood of Bethnal-green-road, I think Cambridge Heath-road—we went to a public house——I think the man's name that kept it was Hunter—I think it was the Red Deer, or Rein Deer—I am a perfect stranger in that neighbourhood—Gray left us, and went into the house—it was arranged that if he saw the person there that sold him the watches, he should come outside and speak to him under the lamp in front of the house—he went in the house, and remained a few minutes—it was about 9 o'clock at night, or getting towards 9—we were waiting and watching for him and the man to come out—presently he came out to us—we were a short distance off—he said, "I saw the man in the house, but he has disappeared; his place is vacant, and he has left his glass of what he was drinking standing on the table"—we then remained some time, and he was making inquiries with regard to a person named Day—that was the first time I had heard the name of Day—he said he kept a small tea shop, or was a dealer in tea—I went with him, and he made some inquiries with respect to finding this person named Day—he found the address of the man Day, and after waiting some time it was agreed that Gray and Symons should go to another public house to look for Day—I think the public house was the sign of the Panther—I do not know the name of the street—he was to look for Day, or the person he had first named to us—sergeant Jackson and I followed him, and passed the public house, and near the public house we saw three persons in conversation, the prisoner and Symons, and a third person unknown to us—I was very close to them; in fact if I had put my hand out, I could have touched them—we went about twelve paces beyond them, and turned the corner of a street—after remaining there somewhere about a minute, I should say, Symons came round the corner, and said, "That was one of the men"—Jackson and I followed in the direction where Gray and the other person were going—they went in the opposite direction to that in which we had come—I then started and ran—I could see two persons walking, perhaps sixty paces ahead of me, and they were very near the corner of the street at that time—I ran to the corner and met Gray coming down the street—I turned the corner—they had disappeared from my view; and I met Gray coming towards the corner—I said, "Where has the man gone to?"—he said, "He
started off and ran; he has gone ont at the end of the street; he ran as hard as he could"—I said, "Why did you not stop him, or detain him?"—he said, "I could not do so, he ran away before I was aware of it"—I said, "If you had attempted to hare detained him, I should have been at your elbow in an instant, I could have caught him"—he said, "He ran away quite unawares, I had no idea he was going to run"—at that time Jackson and Symons came up, and the prisoner proposed to go to Day's house, and wait for his return—we went there and waited till about 4 o'clock in the morning—he never came in—at that time we left—we gave up the search and the inquiry—if when we passed them in the street, I had been told to take him, I could have taken him with a great deal of ease.
Cross-examined. Q.. Were you not told by Gray that when three persona came out of the public house you were to take the third? A. No, he did not mention a third person—he did not say that if a stranger came out of the public house with him and Symons I was to take him—he did not put it in that way—I saw him speak to Bay near the Panther—I did not see him come out of the Panther—I knew Gray was going to the Panther—he did not say before he went in the Panther, that if we saw him and Symons with a third person, we were to take the third person; he never mentioned such a thing to me nor to Jackson—I saw a third person in company with Gray and Symons—I did not exactly expect that that third person would be the man, because that person did not answer the description of the person—he described him as being a tall man, and the third man as a short man, something like Jackson—the other man was a tall man; DeVaux—the prisoner was to meet us at the Spital Square station—three o'clock was the time, I think; we were a little after—it was between 3 and 4 o'clock, and then he was to come to us at another public house—Jackson amused himself with a game at bagatelle; I was sitting looking on—I believe the landlord played with him; it was just to while away the time—I do not know whether Jackson staid to finish the game—I went out—Gray might say, "Come along at once," and Jackson might say, "Stop till we finish the game," but I went out.
MR. CLARKSON. Q. Do you know the Gossett Arms That is the name of the house, now you mention it.
HENRY WEBSTER . I live in the City-road—I did live in Albert-terrace, Camden-town—I have known the prisoner since Sept or Oct.; I cannot say to a week—I only came to town in Sept—I purchased some gold watches of him about 6th or 7th March—to the best of my belief I bought these nine gold watches (looking at them) of him—they were all bought at the same time, and three more; twelve altogether—here are six here that I sold in my journey in the north—I saw Mr. Langford at my house on 21st April—I sold him a watch, which is among the lot that is before me—this is it—it is one I bought of Gray—I afterwards received from him some name plates; that would be some time afterwards—I would not say whether these are them (looking at some) or not—I did not take particular notice of them—they were given me by Mr. Gray to gild, but they were not in a state to gild; they wanted smoothing up to gild—they had been filed and were rough—I do not know how many there were; I never counted them—the name of the maker is placed sometimes in one part, sometimes in another—this is the part that is rough in these plates; it appears in both parts.
Q. Are you able to say whether there appears to have been a filing out of anything? A. It evidently has that appearance—I had not looked at them when they were handed to me by the prisoner—they were wrapped in
a brown paper parcel—those were the plates I received from Gray—I think I afterwards saw the prisoner before I was apprehended—I said the plates were not in a fit state for gilding and I should not do them.
Cross-examined. Q.. Those six from the north, hare You beard anything about them before? A. They were shown to me by Mr. Langford and sergeant Jackson—I did not tell the officer when I was taken that there were ax watches I had disposed of in the north—they had got my books, and papers, and all—I cannot tell whether those six were produced before the Magistrate—I know I saw them here last Session—to all appearance there has been something erased in these plates—I did not do it myself—I did not erase anything—I did not buy these plates—I do not know whether there was anything erased on the watches I bought—they are just in the game state as I bought them in that respect, with the exception of two or three that I sold, and the parties wished to have their names on them—I am a large purchaser of watches—I very often see that the names have been erased—it is nothing uncommon to buy watches with the names erased—it is not unusual for me or others to buy such a quantity of watches—such quantities are bought at sales, and of different dealers—I have often bought as many as these, and a great many more than these—I have, perhaps, not bought quite so large a lot at a time—50l. or 60l. worth I have bought—I have bought at Jackson's, and Debenham and Stan's—I have bought 50l. or 60l. worth at those places, and there are places in the City where a lot of watches are sold—they are sold in numbers of places—they are sold by auction and sold openly—sometimes there is no name on them—sometimes another name is put on—that is what they call new christening a watch—they do that because they do not like some name, and they have another name put on them—it is Tery frequently done in country watches, they put on London makers' names to give them greater value—I considered there was nothing suspicious in the transaction—I gave 90l. for the twelve watches—the prisoner is a dealer in took—the first transaction I had with him, I bought some tools of him—I have known him to deal in watches—I saw some watches hang' in his window, and asked to look at them.
MR. CLARKSON. Q. The effect of altering the name would be to induce persons in the country to buy them? A. Many customers in the country like either to have a watch without a name, or with a good name—either a good name, or their own name.
GEORGE BABTMAN . I live at No. 5, Compton-street, Clerkenwell, and am a watch maker. I know the prisoner; I work for him occasionally—I received these parts of watches that have been produced by Mr. Langford from him—they are not in the state that I had them—there were five gold cases, and part of four movements, which were given up to the prosecutor.
COURT. Q. In what respect were those movements deficient? A. Of the top plates, and some of the wheels.
MR. CLARKSON. Q. From whom did you have those You gave up? A. From Mr. Gray—I was to put them together—I was waiting for the remainder of the ports, to put them together—Mr. Gray said he would bring me the remainder, to put together—I can hardly tell when these were brought to me—he is in the habit of bringing me a great deal of work—I should say I had had them a fortnight or three weeks, or it might be a month—he is in the habit of bringing some work and taking other work away.
(John James William Symons, of Gravesend; Edward Parker, a watch find chronometer hand maker, of Seckforde-street; William Whitelock, a
jeweller, of Clerkenwell; Thomas Cotton, a watch and chronometer maker, of Red Lion-street; Andrew Page, a gold finisher, of Corporation-row; Benjamin Clarke, a butcher, of Clerkenwell-green; David Whiffin, a baker, of St. John-street-road; John Dix, an undertaker, of Clerkenwell-green; Thomas Partridge, a jeweller, of Woodbridge-street; William Dewsnap, a cutler, of St. John-square; John Bowley, a publican, of Ray-street; William Kelly, a case gilder, of Red Lion-street; George Groom, a jeweller, of Thavies-inn; and William Wright, a jeweller, of Brewer-street, Clerkenwell, gave the prisoner a good character.)
GUILTY.—Strongly recommended to mercy by the Jury, on account of his
Previous character.— Transported for Fourteen Years .
THIRD COURT.—Wednesday, July 4th, 1855.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Sir JOHN MUSGROVE, Bart., Ald.; Mr. COMMON SERJEANT; and RUSSELL GURNET, Esq.
Before Russell Gurney, Esq., and the Seventh Jury.
MR. LILLEY conducted the Prosecution.
ANDREW LUND . I am a seaman, and about a month ago was discharged from the ship City of Manchester. On that day I went to live at the prisoner's house, No. 1, Shorter's-street, Wellclose-square—on 11th June I pawned my watch for 1l. 10s., and paid away all but 9s. 6d. in the course of the same day—I had been drinking, and about 2 o'clock in the day I went up to my room to go to sleep—the 9s. 6d. was then in my right waistcoat pocket—there were two half crowns, two shillings, and some sixpences—I did not lock my room door—I laid down and went to sleep, and when I got up again I felt for my money, and it wassail gone—I went down, and asked the servant about it—the prisoner was not there, she was down in the kitchen; and in consequence of what the servant had said, I went down and asked the prisoner if she would give me my money back again—she said, "I do not know anything about your money; what do you come to me for?"—I said, "I know you took the money; there is the servant, she tells me she saw you take it; you wanted the servant to go and take it, but she would not"—she then struck the servant hard on the face, it bled, and I went out to the police court directly.
Cross-examined by MR. BALLANTINE. Q. She struck her in the face, and said that she was a liar, did not she? A. Yes—except what the girl Esther told me, I know nothing about it—I am not keeping company with Esther; we have only walked to the police court together—I have not walked with her before this matter happened—she knew I had pawned the watch—she was with me then—she walked out in the street with me to pawn it, and she knew I had the money—I had paid 17s. of it to my mate—I pawned the watch between 9 and 10 o'clock in the morning, and she went with me—I did not give her any of the money, nor did she ask me for any—we did not have anything to drink together, nor did I give her anything to drink—she told me that her mistress had asked her to take the money—I had said to her, "Esther, you know where there is a pawn shop; I must awn my watch, because I have no money"—I thought first of pawning it,
and spoke to her about it—she had not been in my bed room—she had not. been larking with me, and dressing up a doll—I know nothing about my mistress ordering her to keep out of my room—the prisoner keeps a sailor's lodging house, and I am one of the lodgers—six of my shipmates lodged there also—there was another man in the same bed room with me when I was asleep—he is not here; he is gone home.
MR. LILLEY. Q. Did Frederick Salmon lodge with you? A. Yes—I am Norwegian.
FREDERICK SALMON . I am a seaman, belonging to the ship City of Man-chester. I was lodging at the prisoner's house at the same time as the last witness—I went there on the same day as he did, and lodged there ten days—he paid me 10s. on this day, about 2 o'clock, and then had 9s. 6d. left—I saw him count his money when he went up stairs, and put it in his waistcoat pocket, and lie down to sleep, and as soon as he went to sleep I went out, and pulled the door to, but did not lock it; there was no look to it.
ESTHER WEYER . I lived as servant to the prisoner, at No. 1, Shorter's-street, Wellelose-square, for a week. Lund and Salmon came to lodge there as soon as I did—I went with Lund to pawn his watch, on a Monday, about 1 o'clock, because he said that he did not like to go by himself—he came back with me, stopped in the house about an hour, and then went out, and came back in half an hour—he said he felt rather tired, and went to lie down—while he was lying down the prisoner went up stairs—I went up about a quarter of an hour afterwards, as was going to have a lark with one of the sailors, not this young man—I was dressing up a doll, and I went into the room, and allowed my mistress what 1 was going to do, and she smiled at it—I saw her at Lund's bedside, with her hands in his waistcoat pocket; she took out a shilling, and I said, "Do not you take that shilling; he will only miss it, for he counted his money out to one of the other sailors"—she said, "You take one;" I said, "No, God forbid that I should rob the sailors, for they are robbed quite enough; you had better put it back"—she said that she would, and I saw her put her fingers in the pocket, but I do not know that she put the shilling in—presently he came down, and said, "Esther, I have been robbed," and I told him, and when I went into the kitchen, the prisoner struck me on the nose, and made it bleed—I took my things, and went home to my mother—I took none of the money; my mistress wanted me, but I would not.
Cross-examined. Q.. Do you generally go up into sailors' bed rooms to lark with them? A. No, but the sailor was rather dull—I thought I could make him rather lively—I dressed up a doll, and went up to have a lark with him; not in the same room with Lund, over his head, but I went into Lund's room to show my mistress what I was going to do—I did not know that my mistress was there till I went in—I went into her bed room first, and she was not there, and then she called me, and that was the reason that I went in—I did not expect to find the sailor alone, who I was going to have a lark with; there were other mates there, and I was sot going into the room, I was only going to put the dell outside the door—of course, it would not have been proper to have gone in.
Q. How came Lund to go to the pawn shop? A. His watch was in for 7s.; he wanted a few more shillings; he gave me the 7s., and I went and got it out, and said, "I will show you a pawn shop"—it was pawned before by a young woman whom he knew—I do not know her—I had no drink with him—I had been a week in the house—I was not searched—I said to my mistress,
"If you think I have done it, search me before I go out of the house"—I said that because she said to herself that I had done it—somebody had told me that she had charged me with being the thief—before this, I lived at No. 6, Fane-street, with my mother; she and I had a few words, and I Jived with a young woman, a few weeks at the waistcoat work, in Penitent-street—no one but this young woman lived there—people did not visit me there—I do not know the name of the woman who keeps the house—I found out that it is a brothel after I had been there a little time—I never opened the door to the people, and I never done wrong while I was in the place—the door was always open; it was a cigar shop—I am seventeen years old.
MR. LILLEY. Q. In what part of the house did the sailor live, to whom you were going to show the doll? A. At the top—the house has eight rooms and a kitchen—it was necessary for me to pass Lund's room door—I was at service before I went to the prisoner's, at a coffee shop—I have been doing waistcoat work twelve months—the young woman I went with worked at it too.
(The prisoner received a good character.)
NOT GUILTY .
704. JOHN DIXEY, JOHN GLYN, CHARLES MONTGOMERY , and DANIEL MCCARTHY , stealing 1 watch, value 6l.; the property of Thomas Eaton Hewitt, from his person: Dixey having been before convicted: 2nd COUNT, charging Glyn, Montgomery, and McCarthy, with feloniously harbouring the said John Dixey: to which
DIXEY PLEADED GUILTY .** Aged 18.— Four Years' Penal Servitude .
MR. CAARTEN conducted the Prosecution.
THOMAS EATON HEWITT . I live at No. 9, William-street, Pentonville. On Thursday afternoon, 5th June, I was in West-street, Smithfield, near the Cooper's Arms—there was a fight going on, and I stopped to look at it—Montgomery was fighting—I missed my watch, which had been secured by a guard round my neck, and saw Dixey's hand in the act of letting it go—I laid hold of him, his companions rushed on him, and seized him, and he got away—the fight was all over then—I did not recognise any of those who made the rush on me—I have never found my watch.
WILLIAM WICKSON JOHNSON . I am a porter at the Samaritan Institution, West-street. I was crossing West-street on this afternoon, and saw Montgomery and a female fighting—I saw Mr. Hewitt there, and saw Dixey take his watch—he cried out, "Thief!" three times, and laid hold of Dixey, but he got rescued by the mob—I recognise Montgomery, but not as a person taking part in the rescuing.
CHARLES SULLIVAN . I am a porter at No. 85, West Smithfield. I saw the fight between Montgomery and a female, and saw Dixey snatch a watch from Mr. Hewitt's pocket—Mr. Hewitt caught hold of him, and said, "You have got my watch"—he said, "I have not got your watch;" and began to cry—Montgomery then left off fighting, went to the prosecutor, elbowed him, and knocked his hat over his eyes when he had hold of Dixey, and Dixey got away.
RICHARD PALMER . I was clerk at the Samaritan Institution on 7th June. I saw Montgomery fighting with a female in West-street—Dixey and M'Carthy were standing looking on, the same as I was—I heard the prosecutor call "Thief!" and saw him seize Dixey by the collar; the fighting then ceased, and a rush was made on the prosecutor, and Dixey was rescued
—Montgomery was one of the first to push in to rescue Dixey—I did not see either of the other prisoners take any part in it.
FREDERICK ROWE . On the day of this fight I lived at No. 57, West Smithfield. I saw a crowd that afternoon, and saw Montgomery and a woman fighting—I saw the prosecutor lay hold of Dixey, and saw a rush made on him by the people, among whom was M'Carthy—I saw him push the gentleman that belonged to the watch away from Dixey.
M'Carthy. Q.. Where was the gentleman standing when I pushed him? i. Near the private door of Figgins's—I was standing at the same public ii. house—the policeman did not give me 2d. to come here against you.
COURT. Q. Did you have any money given to you? A. Yes—two or three days after the robbery that policeman (City policeman, No. 229) gave me 1d.—it was for nothing.
MR. CAARTEN. Q. Why did he give you the 1d.; did you ask him for it? A. No—it was after I was examined before the Magistrate—he said, "Here, my man, here is 1d. for you."
EDWARD THOMAS FREDERICK HANDCOCK (City policeman, 229). I took Dixey, M'Carthy, and Glyn into custody; M'Carthy, on the morning of the 12th, about 1 o'clock, in a public house on Holborn-hill; and Glyn, about 6 o'clock, on the evening of the 11th, on Holborn-hill—the boy, Rowe, attended before the Magistrate—we had not done till rather late, and, believing the boy required some refreshment, I gave him 1d., which was all the money I had by me, to get a biscuit.
JAMES PRIOR . I live at Nov 8, Union-court, Holborn-hill I know Glyn—on Thursday evening, 7th June, at a few minutes after 5 o'clock, I was standing at my door, and saw Glyn come running up George-alley, which leads into Field-lane from Union-court—the prosecutor and an officer then came up, and spoke to me—I told them something, and they went on in the same direction which Glyn took.
Glyn. Q.. Was there anybody also with me? A. No—you went towards Holborn-hill.
JOHN BOOBYER (policeman, G 221). I took Montgomery in Field-lane, about 1 o'clock, on 11th June—I attempted to apprehend him in Victoria-street—I put my hand out to lay hold of him, and said, "I want you"—he ran away, and I followed him up Holborn, to Field-lane, overtook him, and took him to the station—I there told him I wanted him, for a robbery of a watch in West-street—he said that he had not had the watch, but he knew who had it—I was in West-street on the 7th, and saw Montgomery come there from Victoria-street—he commenced a fight in West-street—a few minutes after the fight commenced I received information that a gentleman had lost his watch—I ran, and they all dispersed, except Glyn—I pursued him through George-alley and Union-court, but did not succeed in taking. him—I am the officer that Prior spoke to on that occasion—I saw all four prisoners in West-street.
(The COURT considered that there was not sufficient evidence against Glyn to call upon him for his defence.)
Montgomery's Defence. I know nothing about what Dixey had; I said at the station I knew the man who had it; the officer said, "I want you, for being concerned in that watch;" I said, "I know nothing about it;" he said, "Can you square me?" and I have not the least doubt that if I had 5s. or 2s. 6d. he would have let me go.
M'Carthy's Defence. I was on the kerb when the prosecutor called out, "Stop thief!" and walked to the corner of Holborn, when I saw two policemen,
and they saw me again next morning walking down Holborn, but never said anything about the watch robbery till they took me on Monday night.
MONTGOMERY— GUILTY on Second Count.
GLYN and MCCARTHY— NOT GUILTY .
(Montgomery was further charged with leaving been before convicted.)
GEORGE FREDERICK MULLINEAUX (City policeman). I produce a certificate—(read: Central Criminal Court; Thomas Agar, Convicted, Oct. 1851, of stealing a handkerchief from the person of a man unknown; transported for seven years)—Montgomery is the party—I was at the trial—he and another man were apprehended for picking a gentleman's pocket on Holborn-hill—he was rescued, and they broke the policeman's leg; he has walked on crutches ever since—Montgomery has been out on a ticket of leave about two months.
GUILTY.* Aged 21.— Four Years' Penal Servitude .
BODDY PLEADED GUILTY . Aged 24.— Confined Twelve Months .
MR. LANGFORD conducted the Prosecution.
RICHARD STEWARD . On Wednesday, 10th June, I was standing in Lower Thames-street, about 9 o'clock in the morning—Thorne came up to me and asked if I wanted a job; I said, "Yes," and went with him a little way—we came up to an empty truck; he told me to take it and go to the bottom of Harp-lane—he then brought me a paper (which I delivered to Boddy), and directed me where to go—he said that I was to take the goods, which I was to have in a few minutes, to Mr. Peacock, and told me to go to the bottom of Harp-lane and wait there, and perhaps I might be beckoned by a man—I walked up Harp-lane, and saw Boddy standing at a door; he asked me for the paper, and said, "Come in here;" into Mr. Jones's warehouse—he pointed out a cask and said, "That is one"—I rolled it to the bottom of Harp-lane to the truck, and went back for some more—Boddy helped me—I did not meet Thorne again, but I took the cask at his direction to Mr. Peacock, in Vine-street, and returned the truck to the place where I found it, having gone back and fetched the second cask—I then went back to be paid for my labour, but could not find the prisoners.
Cross-examined by MR. RIBTON. Q. This was 10 o'clock in the morning? A. Soon after 9 o'clock—there was a lad at Mr. Jones's premises, and Boddy stood at the door—he unlocked the warehouse after I got there, and showed me the cask—I did not know where to go to look for them, and I went straight back to Mr. Jones's—I thought Boddy was a servant of the premises, and expected to find him there to be paid for the job, and not finding him, I communicated with Mr. Jones—this appeared to me to be a perfectly regular transaction—I do not know who the truck belonged to.
JAMES STRANGE JONES . I am a spice dealer of St. Dunstan's-hill—Boddy has been in my service as an occasional porter—I did not give him instructions to remove these two casks—I saw them safe on the day before—these are them—they are my property—I have never had dealings with Mr. Peacock—Thorne has frequently been to my warehouse to solder tins in the way of his business.
Cross-examined. Q.. Did not Thorne come to your premises voluntarily when Boddy was in custody? A. He understood that I was making inquiry for him, and came, and was given into custody—he said to Boddy, "What a nice mess you have got me into," and Boddy held down his head and said nothing—I said that I feared there was no case against Thorne, and
allowed him to be discharged; and at 12 o'clock on the same day he went to the Mansion House to give evidence as a witness—the Magistrate though t it better that it should be investigated here, and he was given into custody.
JAMES GREEN PEACOCK . I am a dry salter of No. 7, Circus, in the Minories. On 17th June, Thorne called on me and said he had some tamarinds to sell—he promised to bring me up a sample—he sent me this card by his lad—(read: "June 14th. Dear Sir,—I shall not be able to come on account of the great influx of business, but shall be glad to see you this morning. Yours, Thorne.")—in consequence of that I went to Thorne's place, and he gave me a sample of tamarinds—I said if they were like the sample, I would give him 28s. for them—on the following day the tamarinds were delivered at my house.
Cross-examined. Q.. This note is on the back of one of his cards? A. Yes, I have had dealings with him before, and thought it was in the usual course of trade—he is a very respectable man—I have not known him to have dealings with other people—I should say that he has bought and sold to Mr. Deresly, of Thames-street—he carried on a Respectable business at No. 76, Lower Thames-street—I have bought tamarinds of him before.
MR. LANGFORD. Q. If you know him tell us his trade? A. Tinman and general dealer—I have seen grocery and fish in his shop, and I bought tamarinds of him about a month before—I do not know who delivered these tamarinds—(MR. LANGFORD proposed to put in the statement made by Boddy before the Magistrate, in the pretence of Thorne, before Thorne was called upon, to which MR. RIBTON consented.)
Read—Boddy says:—" I wish to say this, I am very sorry; I have been out of employment since Feb. last, and have not earned more than 3s. 6d. a week from 1st Feb. to the present time, and last Tuesday morning I saw Thorne, and named to him that I had got two casks of tamarinds, which I said to him I wanted put away for about 25s. for about a fortnight or three weeks, and I intended then to fetch them back again, and Thorne said to me, 'I shall see a man to-day who will be able to take them of you, as you have got two casks;' afterwards Thorne told me he had seen Mr. Peacock, and he mentioned about a sample, and I said, 'There is a little pot up in the place, I will let you have that just to show,' and on Wednesday morning I saw Thorne, and asked him if he knew of a man who wanted a job; he pointed out to the man, and touched him on his arm, and asked him if he wanted a job, and the man said, 'Yes:' he told the man to take that truck, and he took it; and I asked Thorne to write on a bit of paper for the man to bring to the place to see me; and then I asked him to write Mr. Peacock's address, that the man would carry them there, which I told Thorne that I could not take more than 25s. or 30s. as I should want to take them back again."
Thorne says:—" I am innocent of anything that has been said that relates to the felonious part of this charge; I am innocent of everything about this man robbing his employer; he told me he dealt in various things, and the last cask I am innocent of likewise as well as this; he took that to Mr. Peacock himself in a truck on a Saturday morning."
COURT to JAMES STRANGE JONES. Q. What was the fair selling price for tamarinds? A. 30s. would be a fair wholesale market price—it is an article which fluctuates very much—Thorne has been on my premises in the way of business within a month, and while Boddy has been there they have been working together, Boddy filling the tins, and Thorne soldering them down. (Thorne received a good character.)
THORNE— GUILTY . Aged 36.— Confined Twelve Months .
Before Mr. Common Serjeant.
GUILTY on 2nd Count.— Confined Six Months .
MR. RYLAND conducted the Prosecution.
PATRICK BURKE . I occupy No. 6, Hare-court, and have done so for five years, during all which time No. 2 has been a brothel—I knew Mrs. Robinson, who was convicted here in March; and at the latter part of the time that she was there, I have seen the prisoners there—I have seen men, and women who I knew to be prostitutes, go in together at different times of the night and day—I was never in the house—I have seen Jones there for three years off and on—I have heard most ridiculous conversation there, and most undoubted bad language—the neighbours have complained—I have been aroused in the night many times by the rows—the house is a nuisance to the neighbourhood, and I have complained of it as such—the younger prisoner has been there since May, and I have seen her take money from prostitutes of Aldersgate-street—I have only seen Jones acting as servant.
WILLIAM ARTHUR EDE (City policeman, 125). I have known the house, No. 2, Hare-court, since 1848, as a common brothel—Mrs. Robinson, who was convicted here last March, was the lessee, and is now—the prisoners acted as servants—it was still a brothel up to last Saturday, when I took the prisoners into custody—I have seen prostitutes go in and out repeatedly both with and without men—I have seen both the prisoners take money—there have been complaints continually about the rows there, and the house has been indicted six or seven times—I went into the house in March last, and saw what was very improper; a person named Curtis was keeping the house then, and Howard was there.
JOHN STRADLING (City policeman, 117). I have known this house for the last five or six years, it has been a brothel all that time—I knew Mrs. Robinson, the prisoner Jones was servant there in her time—the prisoners have both been there since Mrs. Robinson has been away—the house is frequented by prostitutes and gentlemen, and has frequently been complained of by the neighbours.
JOHN FOULGER (City police sergeant, 89). I knew Mrs. Robinson well, and the prisoners as servants to her—I had Howard in custody before, on a charge against the same house, at the London Sessions, and she had three months—the house has been indicted a number of times—I was in the house once when two people were found in a most improper position—I apprehended another woman named Kitty, who is since dead—Jones was there then, but she was not named in the warrant, and I did not take her—the prisoners have managed the house lately—I told them the charge, and Howard said that she had two small children, and was obliged to do something for a living—Jones said that it was not their house, they were only acting for others—I have seen the lease, it is dated 9th Feb. 1849, and is in the name of Ann Robinson—inspector Brannan produced it at the Old-street police station; he found it in another brothel.
POWELL SODEN . I am ward beadle, and collect the rates. The house has been a nuisance since 1848—I know the prisoners; Howard has paid me money for rates—I cautioned her in June, and said, "If you are still in
the house you will be prosecuted"—I asked who was to be rated, and she told roe Ann Robinson.
HOWARD— GUILTY . Aged 21.
JONES— GUILTY . Aged 40.
Confined Two Months .
708. JOHN FRITH , stealing 2 waistcoats, value 14s. 2nd COUNT, stealing within six months, 2 coats and 9 waistcoats, value 5l. 3rd COUNT, stealing within six months, 1 waistcoat, value 8s.; the goods of Cornelius Hoare, his master: he
PLEADED GUILTY to the 2nd Count. Aged 56.— Confined Four Months .
OLD COURT.—Thursday, July 5th, 1855.
PRESENT—Mr. Baron ALDERSON; Mr. Ald. HUNTER; and Mr. Ald.
Before Mr. Baron Alderson and the Fourth Jury.
MR. HORRY conducted the Prosecution.
MICHAEL HAYDON (City policeman). I produce a certificate from Mr. Clark's office—(read: Central Criminal Court, Henry Palmer, Convicted Oct., 1847, of stealing a purse and money from the person of Elizabeth Delamere; transported for ten years)—I know the prisoner; he is the man named in the certificate.
Cross-examined by MR. SLEIGH. Q. Were you present at the trial? A. Yes; he was convicted with some others of street robbery—he was sworn to by a police constable named Jenkinson—it was partly on Jenkinson's evidence that he was convicted—I have heard that Jenkinson has been discharged from the police, but do not know that it was on account of his having been convicted of perjury.
JOHN DAVIS WHITE , I am chief warder on board the Warrior convict hulk, at Woolwich—in 1847, I was principal warder, and had the prisoner in my custody under sentence of transportation—he escaped from the public works on 18th Sept., 1849, and I have not seen him since—I am positive he is the man, I had him in my custody two years—a man named Slater escaped at the same time; we have never heard of him since.
JAMES BRANNAN (police inspector, G). On Saturday, 9th June, about 9 o'clock, I was in the Hackney-road, and saw the prisoner coming along Great Cambridge-street; he saw me, and immediately ran away—I ran after him with other constables.
COURT. Q. Had you had anything to do with his previous conviction? A. Not with what he was transported for, but I had him in custody before his transportation—I have known him from his boyhood; he is about thirty-three years old; I have done duty in that neighbourhood twenty-four years—I took him after a desperate resistance—I told him that I took him for escaping from the Warrior hulk; he said that he was never there in his life—while on the ground he took a signet ring from his finger, and I saw him swallow it—I have not got it again.
(James Pocock, a carpenter; John Roland, a smith, of No. 2, Walbrook-row,
Hoxton; and Thomas Birch, a cabinet maker, of No. 74, Old-street, St. Luke's, gave the prisoner a good character.)
GUILTY. Aged 33—Recommended to mercy by the Jury.
(MR. COPE, Governor of Newgate, stated that three prisoners who had recently escaped from Newgate, and had been retaken, confessed to him that on their escape they went direct to the prisoner's house.) Four Years' Penal Servitude .
MR. COOPER conducted the Prosecution.
EDWARD POWELL . I am a fishmonger, of No. 11, Sidney-place, Poplar. On Monday afternoon, June 25th, my sister, Eliza Ann Hard, went with a friend to Dale's-court, Poplar, and I was just behind them—when they entered Dale's-court my sister was attacked—I heard her scream, ran to help her, and saw Driscoll with a fire shovel in her hand—I pulled my sister away from Driscoll; the fire shovel was taken away by somebody behind her—a chopper was then brought to Driscoll, I do not know who by, and she chopped me on the upper part of my arm, and cut me; and afterwards a butcher's knife was handed to her by somebody, and she cut me with it on the elbow—it bled—my sister went to see a friend in the court.
Cross-examined by MR. SLEIGH. Q. Is not this court in Poplar? A. Yes—I live about twenty yards from it—Driscoll is a perfect stranger to me; I had seen Davidson before—this was on a Monday—I had not been with Davidson on the Saturday preceding, but I was at a raffle for a ring at a beer shop—I was not with the prisoners there—there were a great many people there—I had something to do with the raffle; Driscoll had not, but Davidson had—I won the ring—I saw them on Sunday morning—there was not a row at the beer shop on Saturday night, when the ring was won—I am not an Irishman, but an Englishman—the people were all English, except Davidson and her brother—I am a single man—I know that Davidson is married—I went to Dale's-court on Sunday and saw Davidson, but said nothing to her—I did not go to the house in which she lives—I was not outside her door talking to her on the Sunday, with the other man and woman.
Q. Do you mean to tell me there was no row on Sunday about the raffle? A. There had been a bit of a row between Davidson and Mrs. Ebrington, who got a summons for Mrs. Davidson, but it was before I got there—this happened to me at about half past 4 o'clock in the afternoon—Mrs. Wood-bridge was with me—Mrs. Woodbridge was at the" raffle on Saturday—I did not go into the court till I heard my sister screaming "Murder!" and then I ran in—I did not go to Davidson's door first, and throw some pieces of broken pans and pots at the window, nor stones, nor did I use abusive words, or say anything about my having won the ring—I was going to settle that in a quiet way—I told the landlord to keep it in his possession, and it should be settled fairly—the dispute about the ring was on Saturday evening, at the time of the raffle—I did not go with my sister and Mrs. Woodbridge to the court on the Monday about this very raffle business—Mrs. Ebrington was the friend who my sister went to see; she is not here—I did not go there on purpose to have a settlement of the dispute about the ring, I never thought of it—I do not know the name of the landlord where the raffle was—I do not know whether I should know him if I were to see him—I did not go to his public house on Sunday, nor on Monday morning
—I never went near it—I might go to another public house—I did not go to a public house on the Sunday, and have some drink, and talk to the landlord about the dispute I had had the night before about the raffle; nothing of the kind—I only saw the two prisoners at the time that these wounds were inflicted; other people might be in their own houses, but not in the court.
MR. COOPER. Q. What is the court? A. A little alley with houses on one side only.
ELIZA ANN HARD . I live at No. 11, Sidney-street. I went with Mrs. Woodbridge to see a friend in Dale's-court; my brother was behind having a pint of beer—as we entered the court the prisoners heaved pantiles and earthenware at us, and Mrs. Davidson gave Driscoll a fire pan to beat me with—they fell aboard of me, and began to scratch me—I squeaked out, and my brother came to take my part; Mrs. Driscoll threw the fire shovel, and hit him across the head with it; the shovel was taken from her by Mr. Woodbridge, who was with my brother—Mrs. Davidson then brought a chopper out of her home, and gave it to Mrs. Driscoll—she went to strike me over the head with it; Mr. Woodbridge shoved me back to save my life, and it fell on my brother's arm—she was not striking at my brother, but at me—Mrs. Davidson said, "Give me the chopper, it will not do any good," and handed a knife to Mrs. Driscoll, who took it, and stabbed it into my brother's arm.
Cross-examined. Q.. Was the stab at your brother's arm aimed at you? A. No—I had a letter from Driscoll in the morning, I could not read it—I went to have it read, and they followed me and said that they would tear. my b——liver out; I was obliged to be locked up for an hour—there was not a dispute between us at the raffle—I did not win the ring, my brother won it—there was a bit of a miff, but there was not much row—I was not at a public house on the Sunday, nor on Monday morning with my brother—there were not a good many men and women in the court—I do not know that there were at least half a dozen—I should not like to swear that there were not a dozen when my brother came up—there were other people.
COURT. Q. How came you, if you were in danger of your life, and had been shut up two or three hours, to go among the Philistines? A. I did not go among them, I only went to the first house in the court to see a friend, Mrs. Ebrington—this had nothing to do with the ring—I believe people said that my brother did not win the ring fairly.
RONALD ROBERTSON . I am a surgeon, of Montague-place, Poplar. About 5 o'clock in the afternoon, last Monday week, I examined Edward Powell's right arm, and found an incised wound about an inch long and an inch deep, such as this knife would make—erysipelas supervened, but it is getting better.
(The prisoners received good characters.)
DRISCOLL— GUILTY .
DAVIDSON— GUILTY . Aged 31.
Confined six Months .
NEW COURT.—Thursday, July 5th, 1855.
PRESENT—Mr. RECORDER; and Mr. Ald. FINNIS.
Before Mr. Recorder and the Sixth Jury.
PATRICK RYAN . I am a fitter in iron work. On 24th May I met the prisoner in the street, between 11 and 12 o'clock at night—I had had a drop of beer in the course of the day—I went with her to a brothel, went to bed with her, and went to sleep—I had a silver watch and a chain—I laid them on the table—when I awoke they were gone, and the prisoner was gone—I had not been long in bed when I awoke—I gave information that evening, and I complained to the persons in the house—I awoke about a quarter of an hour after I went to the house—the prisoner was in the room when I put my watch on the table—I am sure it was her.
Prisoner. He knows me well. Witness. I never saw her before.
Prisoner. He has had money of me; he gave me this watch to pawn; I have lent him money.
WILLIAM PAWLEY . I am assistant to a pawnbroker, in St. John's-street Clerkenwell. I produce this silver watch—I took it in on 25th May—I believe the prisoner brought it—I have no doubt she is the same person, but she held her handkerchief to her face—I had not known her before—I advanced 17s. on it—it was in the name of Ann Daley.
Prisoner. I pawned it in my own name; he gave it me to pawn.
MICHAEL DEADY (City policeman, 56). On the night of 24th May the prosecutor came to me as I was on duty in St. Mary Axe—in consequence of the information he gave me, I looked after the prisoner for several days—I met her on 1st June, in Petticoat-lane—I had known her before for eighteen years—I said, "Ellen, how do you do? there is a charge against you for stealing a watch and chain"—she said, "I am glad I met you"—I said, "We will go to the house where the robbery was committed"—in going along she said, "What robbery?"—I said, "Stealing a watch and chain from a man in a bawdy house"—she said that she knew nothing about it—she spoke about her son being in the army, and showed me some letters—I took her to the house, and called the mistress—she said she did not see her face on the night of the robbery, and she could not identify her—I took the prisoner to the station—the prisoner comes from the same part that 1 do, and she told me she had a letter from her son.
(The prisoner's statement before the Magistrate was here read as follows'. "I am innocent; the pawnbroker will tell you I was crying when I pawned it, and I told him it belonged to my son, who is in the Crimea.")
COURT to WILLIAM PAWLEY. Q. In what state was she? A. She was crying, and held a handkerchief up to her face—she said something about her son.
Prisoner. It was my son's watch; he gave me the watch to pawn, because I was indebted to my landlord; I gave the prosecutor the ticket for 5s.; it was in pawn; my son left me the watch; I do not know whether that is the watch or not.
COURT to PATRICK RYAN. Q. Where did you get this watch? A. I
bought it about ten years ago, at Hughes's, in the Borough, for 2l. 8s.; the prisoner never gave me any ticket.
The prisoner was further charged with having been before convicted.
THOMAS CROCKER (City policeman, 259). I produce a certificate of the prisoner's former conviction—(read: Central Criminal Court; Ellen Daley, convicted Dec., 1851, of stealing goods of James Oran; confined three months) I had her in custody—she is the person.
GUILTY. Aged 49.— Confined Twelve Months .
Before Mr. Common Serjeant.
PLEADED GUILTY . Aged 16.— Confined Two Months .
Before Mr. Recorder.
MR. COOPER conducted the Prosecution.
MARY ANN FERRAND . I am servant to Mr. Baste, of Lea Bridge-road he is next door neighbor to Charles Bright, the tobacconist. On Tuesday evening, 12th June, between 7 and 8 o'clock, I was standing at the front window, and saw two men opposite it; they were Baldwin and Bullivant—I then saw Davis come out of Mr. Bright's shop, and the other two crossed over to him—he passed something to Baldwin, and they separated, and crossed over again, and walked along—Davis walked on the same side as Mr. Bright's shop, on the side opposite our house; they took the road towards London—I informed Mr. Bright who was in the garden behind his shop—there was no one in the shop, but Mrs. Bright was in the parlour.
CHARLES BRIGHT . I am a tobacconist of Leyton. On 7th June, between 7 and 8 o'clock in the evening, I received information, ran up from the garden, and went in pursuit of three boys which were pointed out to me by my child and the last witness—I kept them in sight 200 or 300 yards, for where they are making new basins for the East London water works—Chapman, the policeman, was there—when they had walked about 100 yards, Davis separated from the other two, and ran as hard as he could—I had previously walked very cautiously, for fear they should fancy they were detected, but then I ran also, and seeing a policeman, I motioned to him to go through the hedge, to stop one of them who had gone through—as soon as I came up, they were all three taken by Chapman, and I gave them into custody—I examined my shop, and missed some pipes, which were safe in a glass case on the counter in the morning before I left—Chapman handed me these pieces of pipe; they are my property—1 lost five, which were worth between 4l. and 5l—this one is rendered valueless, by being thrown against some brickwork.
Cross-examined by MR. PAYNE. Q. You left the shop in the morning, and did not return till the evening? A. Yes—my wife is not here—I missed four pipes that night, and a fifth the next day—Davis left the other prisoners, and rail towards the hedge, but the others made no attempt to escape; they were walking slowly at the time he went through the hedge.
JOHN CHAPMAN (policeman, N 536). I was at Lea-bridge, heard a cry of "Stop thief!" and saw Davis go through a gap in a hedge—I got over, and saw him ran along on his hands and knees, crawling—I took him into custody—the other two prisoners followed about a mile, and were afterwards taken; before we reached the station—when we got there, Davis admitted to me that Bullivant had taken the pipes and given them to him, and told him to go off with them—I found the pipes, and he admitted that he had thrown them into the basin—I did not go to look for them, but Mr. Bright did, while I held the prisoners—the reservoir is ten or twelve yards from where I saw Davis crawling—I was present, and saw Mr. Bright find the pipes; they have been in my custody ever since.
Cross-examined. Q.. Was it in an empty reservoir? A. Yes—there was no water in it; it was unfinished—only the bowl of one pipe and a bit of another were found.
(The prisoners' statements before the Magistrate were here read as follows. Davis says:—"I was going down the road; a boy gave me the pipe and ran away; I heard them call out, 'Stop thief!' and I got over the hedge and threw them away; I did not know they were stolen." Baldwin says: "I was coming down the road with a fishing rod; I was sitting by the railway bridge; I did not know these other two, but when he was taken, I followed to the station; I was searched, but nothing was found on me." Bullivant says:—" I had nothing to do with the pipes; I did not give them to him; he said so, but it was another lad."
COURT to CHARLES BRIGHT. Q. When you got up to where Davis ran through the hedge, the other two remained there? A. Tea, and I told them that I should give them into custody also—they followed the policeman after that for a mile; they made no attempt to escape.
MR. PAYNE to JOHN CHAPMAN. Q. Was not there a small quantity of tobacco found on Baldwin A. Yes.
(Baldwin and Davis received good characters.)
BALDWIN and BULLIVANT— NOT GUILTY .
DAVIS— GUILTY. Aged 16.—Recommended to mercy by the prosecutor, believing him to be the dupe of Bullivant.— Confined Six Days (his father undertaking to send him to school at once).
Before Mr. Common Serjeant.
MR. LILLEY conducted the Prosecution.
GEORGE ALFRED NORTHMORE . I am a draper, and reside in Church-street, Greenwich. On Wednesday evening, 30th May, I was in Greenwich fair, between 10 and 11 o'clock—I had a watch with me, in my waistcoat pocket—it was safe when I was in the fair—it might be a quarter or half an hour after I was there—it was a Geneva silver watch—it was attached by a guard chain to my waistcoat—I missed it about half past 10 o'clock, while I was in the fair—I found the guard chain hanging loose from the pocket—it was quite sound—the ring of the watch was broken and was lost—the watch was produced to me by an officer.
Cross-examined by MR. PAYNE. Q. What time did you go to the fair? A. About 10 o'clock—I did not go into any show—I remained in the fair an hour or an hour and a half—I did not go to any booth; I was walking about the greater portion of the time—I did not stand in front of any show for any length of time—I did not stand still very long to look at any mountebanks—I was walking about, looking at a great many things—I do not know how my watch went.
MR. LILLEY. Q. Were you in a crowd? A. Yes, in a considerable crowd—there was a pressure on my person—I was hustled by three or four fellows.
JAMES WILLIAM CROUCH (policeman, R 118). I was on duty in Greenwich fair on the evening of Wednesday, 30th May—I saw the prisoner in company with three others—I watched them, and saw them hustle several gentlemen—I missed the prisoner—I then followed the other three from the fair to the church—I there saw the prisoner join them, and they all walked together from the church towards Deptford—I got assistance in the Broadway, and went to the prisoner—I asked him where the watch was that he had got—he said he had got no watch—one of the others ran away—we took, the three into a public house, and on searching the prisoner I found these two watches (produced)—this one the prosecutor claims as his—he stated that a man had given him half a crown to carry them to London—he said, "Perhaps you saw the man give them to me?"—this watch has been broken off from the bow.
Cross-examined. Q. In what part of the fair did you see the prisoner and the others? A. Near the top of the fair, leading into the fair from Greenwich—I am quite sure I saw the prisoner with three others—I watched them about ten minutes—I was a little behind them at one time, and I missed the prisoner—I saw him again in about twenty minute—I did not see any person come up to the prisoner near the Broadway, Deptford—I followed the prisoner and the others a mile and a quarter to the Broadway, and never lost sight of them—I was on the other side of the way—they stopped at the White Swan, and the prisoner pulled something out of his pocket, and they were all looking at it—I saw the prisoner in the fair, and lost sight of him—I followed the other three, and the prisoner joined them near the church at Greenwich—there are ways from the fair to the church—you may go through the public house, and there are several turnings—the prisoner came up to them about the centre of the church—I could not say where he came from, the people were so much about—I wrote to the maker of the watch, and he gave information by which I found Mr. Northmore.
MR. LILLEY. Q. Was there much light in the fair? A. Yes, plenty of light—I saw the prisoner there about twenty minutes—I had opportunity of seeing his face—when I' saw him again I recognized him—he is the same man.
Cross-examined. Q.. What do you know it by? A. By the number—I did not know the number before it was lost—I know it by its general appearance—there is no private mark on it.
MR. LILLEY. Q. How long have you had it in use? A. About two years—this is the watch I lost at the fair—the general appearance of it enables me to say it is mine.
GUILTY of receiving.
The prisoner was further charged with having been before convicted.
former conviction—(read: Guildhall, Westminster; John Holland, convicted, Sept., 1852, of stealing 1 loaf of bread, value 2d.—Confined three months)—I was present—the prisoner is the same man—I have known him for years—Holland is his right name.
MR. LILLEY conducted the Prosecution.
JAMES ROBERT HADOW . I am a colonial broker. I was on a visit at Mongolia-lodge, Greenwich—on the evening of 30th May, I was in Greenwich fair—I went about 9 o'clock, and came away in about three quarters of an hour—I had my watch in my waistcoat pocket—it was a small silver watch, with a silver dial—it was attached to my dress by a silver chain—I had it safe about three minutes before I lost it—I missed it from my pocket about a quarter before 10 o'clock—there was a good deal of crowding in the fair—I felt a good deal of hustling and pressure at different times—just before I lost my watch I was in a considerable crowd, and was face to face with two or three men, but I could not recollect any faces—my watch was afterwards shown me by Crouch, but I first identified it by the description without having seen it—this is the watch (looking at it) that I lost on that occasion—it was twisted from the shank—the bow remained attached to the chain—I had the guard chain round my neck—I did not see the watch again till I was at the police court on the Monday following.
JAMES WILLIAM CROUCH (policemen, R 118). I was on duty in the fair on the evening of 30th May, I saw the prisoner with three others—I watched them, and saw them hustle several persons in the fair for about ten minutes—I missed the prisoner—I followed his three companions till they got to the church—I saw the prisoner come to the other three, and they all went together towards Deptford—I got assistance in the Broadway; I went to the prisoner, one of his companions ran away—I took the prisoner and asked him for the watch—he said he had got none—I took this watch out of his breast coat pocket in the same state that it is now—he said a man had given him half a crown to carry it up to London, and perhaps I had seen the man give it him—I took him to the station.
The prisoner was further charged with having been before convicted.
GUILTY.* Aged 19.— Four Years' Penal Servitude .
MESSRS. PARRY and SLEIGH conducted the Prosecution.
MARY ANN PARKER . I am a widow. In 1853, I lived at St. John's place, Blackheath—in Jan. in that year, I let the house to Mr. Samuel John Hallum, reserving to myself one of the rooms in the house, and in that I kept about twenty boxes—I locked that room, and took away the key with me—in the ensuing Oct. I went to the house, and went to the room where I had left my boxes—I had left some of them locked, and some unlocked—I opened some, and missed several things out of the locked boxes—I should think they had been opened by false keys—some of the boxed I had left locked were open, and some were not—I missed some dresses and stockings,
and a number of cuffs—I made inquiries, and spoke to Mr. Hallum—one of the female prisoners was then residing there—I was unable to obtain any information as to how the property had gone—in June, last year, I went again—I missed some Indian articles, and some other things out of a deal box, which I had fastened with tacks—the lid had been raised up; I rang the bell, and Cecilia Collins came—I asked for Miss Hallum—I showed Cecilia Collins the box which had been emptied out; I asked her if the had ever seen anybody go into the room—she said she had not—the Indian articles were of great value—I do not remember whether Cecilia said anything—I think she said, "It might have been your cook, whom you left in the house"—I had left my cook there, not as my servant, she was hired by Mr. Hallum—I saw her there when I was there in Oct.—I do not know at what period she left Mr. Hallum—I made inquiry about my property, but could not find where it had been conveyed to—the next visit I paid there was in Feb., 1855, when I retook possession of my house, the two yean having expired—I arrived about 2 o'clock—Mr. Hallum's family did not leave till the evening—I saw both Cecilia and Catharine Collins there; I saw them both there during Mr. Hallum's term—I examined my room shortly afterwards—I had locked the room when I visited it on the last occasion, and taken away the key—when I unlocked it, I found every one of my boxes had been opened, except one, on which was a padlock—out of that box some things had been taken before I put on the padlock—(a great number of articles were here produced)—I left this property in the room in question when I let the house to Mr. Hallum—I know the whole of tibia property to be mine—it was left in the room, some in boxes, and some about the room—these carpets were not in boxes—in the course. of last month, I went down to Mickfield, in Suffolk; I went to a house, accompanied by the constable—I there saw a part of this property which is not lying before me—I saw the prisoner, John Collins, there, but not in the house.
WILLIAM BROWN (policeman, R 98). I am on duty at Lee, in Kent In consequence of information, I went to Mickfield, in Suffolk, on 8th June—I took John Collins in custody there, in his own house—I knocked at the door, and his wife, Mrs. Collins, came—I searched the house, and got this property together—John Collins came home in about two hours—I sold him I should apprehend him on a charge of feloniously receiving some property belonging to Mrs. Parker, knowing it to have been stolen—that was in the down stairs room—he said he had no property belonging to Mrs. Parker—I found this roll of carpet under the bed in the front room up stairs—there are two rooms up stairs, and one down—I found this workbox. in the font room up stairs—it was under the bed, by the side of the carpet—I do not recollect that I found anything else in that room—these blankets and other things 1 found in the other room, on the same Boor—some of these things were in a closet in that room—this basket of articles was in a closet in the, corner of the same room—these articles were in a small deal box—I have a list of the articles I found—(reading: "Three pieces of stair carpet, one far cloak, one Indian box, one rosewood writing desk, one petticoat, one cushion, one boy's jacket, one musical box, one box of moulds, thirteen books, etc., etc.")
—I told him I apprehended him for feloniously receiving some of Mrs. Parker's property, knowing it to be stolen; he said he had none of Mrs. Parker's property—I asked him how he accounted for this property we had taken from his house; he said he did not know how to account for it except that his daughters had sent it down to him, as they were going to get married—I then took him to the police" station at Lee—on 13th June, I went to Nailham, in Suffolk—I there apprehended Cecilia Collins, who was staying with her brother—I told her I came to take her into custody for stealing a quantity of Mrs. Parker's property; she said that she had none of Mrs. Parker's property, and knew nothing about it—I told her I must search the house and her boxes—she said, very well, I could do so—her brother showed me the boxes in her presence, which she said were hers—they went open—I found in her boxes the property produced—I made a list of the property—(reading: "I pair of plated gravy spoons, 1 pair of bellows, 1 pair of lady's boots, 1 dozen of table knives, 2 pieces of silk, 1 metal teapot, etc.,")—the property is now lying on this floor—Mrs. Parker saw it, and identified it.
Cross-examined by MR. ROBINSON. Q. When did you go down to the father's? A. On 8th June—all that was found under the bed was the carpet and the desk—besides these things which I found in the closet, there was a quantity of what I suppose was Mrs. Collins's property—the cupboard was pretty full; all the bottom part was very full—I brought away one or two things which were not identified; they are outside the Court now—one is ft towel, with Mr. Hallum's name on it—I made inquiries respecting the character of John Collins—he has lived there a great many years—I heard nothing against him.
Cross-examined by MR. METCALFE, Q. When Cecilia said she bought them, did she say of whom? A. Yes; of a servant who had lived previously with Mrs. Parker—she did not mention her name, but said she had gone a long way in the country, and she did not know where—I do not recollect that she said Caroline Powell was the aunt of a servant of Mrs. Parker's, who went by the name of Sarah—she said the servant lived at Kensington, but I do not recollect that she called her Sarah—I have not endeavored to find that servant, nor Caroline Powell—I do not know where she lived, or anything about it—Cecilia said she had given some of the things to Catharine, and she had sent some of the things down to her father.
GIDEON CROCKER (policeman, C 69). In consequence of information, I went on 10th June, to a house in Maddox-street—I knocked at the door, and Catharine Collins came and opened it—the chain was up—I asked her if Catharine Collins lived there; she said, "Yes, I am the person"—I asked her to open the door, and she did so—I told her I had come to apprehend her for robbing Mrs. Parker—she fell down in the passage, and asked me to help her to the stairs, which I did—when she recovered, I asked her to show me her boxes and drawers—she took me up stairs to a room at the top of the house, and showed me some boxes belonging to her, and likewise some drawers—I opened the drawers as she pointed them out—I discovered a satin dress—I said, "This is Mrs. Parker's"—she said, "That was given to me by my sister"—I opened another drawer, and found.
this dress; I could not identify this because it had not been described—in another drawer I found this cameo brooch, which Catharine said was hop own—I found this Indian brooch and two coral necklaces; I said, "These I am confident are Mrs. Parker's"—she said, "They were given me by my sister"—I found a number of other things, which were identified by Mrs. Parker, two white petticoats, one watch stand, one gold brooch, eight towels, one set of earrings, one shawl pin, one Indian box, two coral neck-laces, one fan, four books, two blue silk tassels, and sundry other articles, which have all been identified by Mrs. Parker.
Cross-examined by MR. ROBINSON. Q. Were you in private clothes? A. Yes; I asked for Catharine Collins, and she said, "I am Catharine Collins;" she appeared very much excited—she said the whole of these things were given her by her sister, except this brooch, which she said was her own.
JOHN BAKER . I am a police officer, of Needham Market, in Suffolk, On 8th or 9th June, I accompanied Brown to the house of John Collins, at Mickfield—he is a labouring man, living by daily labour—I was present when the property was found; I heard Brown state on what charge he took him—Collins said he received the property from his daughter—I saw the property produced, and Mrs. Parker identified it—I have known Collins four years—his character at the police office is not what it ought to be.
MR. METCALFE to MARY ANN PARKER. Q. Had you a servant of the name of Sarah in your service? A. Yes; my cook—after I gave up the house to Mr. Hallum, she remained with him, I think for twelve months—I am not aware when she left—I left in Jan., 1853, leaving Sarah there—her name was London—I went there in the summer, and my things were safe—I went in Oct., and missed several things; this satin dress was gone, and some other things—I missed these Indian things, and others in June—I do not know when I first saw Cecilia there—Mr. Hallum is now in London.
COURT. Q. You went in the summer, and again in Oct.; did you see her in Oct.? A. No; I saw her in June following—Catharine was there before Cecilia.
MR. METCALFE. Q. Had that servant Sarah any aunt? A. Not that I know of.
MR. ROBINSON. Q. Do not you know that on Catharine leaving, Cecilia came? A. No; I heard that Catharine went away to be confined—I believe this brooch to be mine—I swear I had one like it, and the same subject—I believe it is not gold.
MR. SLEIGH. Q. Sarah was your servant till you let the house? A. Yes; she staid a year after that—during that year she had no charge of my property—she had no key to my property in the private room—it was looked, and I had the key.
CECILIA COLLINS— GUILTY . Aged 27.— Confined Twelve Months.
CATHARINE COLLINS— GUILTY . Aged 22.— Confined Six Months .
JOHN COLLINS— NOT GUILTY .
Before Mr. Recorder.
(In the case of WILLIAM GIBBONS , indicted for stealing 2 whips, value 2l. 8s.; the goods of David Valentine, it appearing upon the evidence of Gilbert M'Murdo, Esq., surgeon to the gaol, that the prisoner was not in a fit state of mind to plead, the Jury found that the prisoner was insane, and unfit to plead. He was ordered to be detained during Her Majesty's pleasure.)
MR. PAYNE conducted the Prosecution.
THOMAS OSBORNE (policeman, R 254) I was on duty, in plain clothes, about a quarter past 2 o'clock in the morning of 28th June, on a wharf belonging to Mr. Hart—it leads from the Norman-road to Deptford—I saw the prisoner go to the door of Mr. Fox, the corn chandler's, storehouse—that wharf is a private wharf, but let to different parties—there are gates to it—I was inside the gates—I did not see the prisoner till he came down the wharf—I was not concealed—if the prisoner had turned his head round he could have seen me, but he did not turn his head—he went to the door of Mr. Fox's storehouse—he undid the door with a key, and went in—the prisoner has a stable on the same wharf, about thirty yards from Mr. Fox's storehouse—after the prisoner had gone into the storehouse, he came out again, with a truss of hay in his hand—he took it into his own stable—he came out again, and went to the storehouse a second time—he went in, and came out with a second truss—he took that into his stable—he came out of the stable, and went a third time to the storehouse door, and fastened the door—he then went back to his stable, and I went up to him at his stable door, and said, "Halloo, what are you doing about this wharf at this time in the morning?"—he made me no reply—I then asked him where the hay was that he had taken from the place—he turned round, pointed to the stable, and said, "Here it is, air"—there were two trusses of hay, one on the top of the other—I asked him whose hay it was—he said it was his own—I asked him whose place it came from—he said, "Mr. Fox's"—I said to him, "That hay is not yours, it is Mr. Fox's"—he said, "I have bought hay of Mr. Fox"—I said, "You have not bought this"—he said, "No, but I intend to pay him for it"—I told him he must come with me to the police station—he said, "Let me lock my door;" which he did with this key—he had two sovereigns in his possession, 17s. in silver, and 2 1/2 d. in copper, and these three keys, and a knife—one of these keys opens the padlock of Mr. Fox's door—I have brought the padlock here—after I had charged him, I went back, and opened his stable with his own key, and found these two sacks. which have Mr. Fox's name on them.
Cross-examined by MR. LILLEY. Q. How long have you been on duty in that neighbourhood? A. I had been on duty about one hour that night—I have been stationed in that neighbourhood nearly five years—I cannot tell how long the prisoner had occupied that stable—I have been on duty in that creek several times before—I believe the prisoner is a carman—I know that a carman's duty is connected with the barges at times—I know that the tide varies—this was on 28th June—I know that labouring men get up very early in summer time—it is not uncommon for them to get up between 1 and 2 o'clock when their business calls them—this is Mr. FOX'S padlock and key, and this is the other key that will undo it—I do not know whether this is a common padlock—when I went to the prisoner he was standing just inside his stable door—that was about half past 2 o'clock—I had never seen the prisoner before—T had known Mr. Fox.
JOHN FOX . I am a corn chandler, and live at Blackheath-hill I have a storehouse at Deptford-creek—it is one of the railway arches—this is the padlock of my storehouse—I had a large number of trusses of hay in my storehouse on the evening of 27th June—on last Thursday morning I went with the policeman—I could not positively say that I missed any hay—I had a large quantity, ten loads—I had some sacks shown me, which were marked with my name—they were in the prisoner's stable—he had no
authority whatever to go to my storehouse and take two trusses of hay—the sacks might have been left in his stable in the way of business—he has been a casual customer.
COURT. Q. Did you lend him your key? A. No, certainly not—I did not know that he had a key of it—I gave an extra price for this lock; it is better than the common sort.
Cross-examined. Q.. You say that the prisoner has been your customer? A. Yes, casually—he has purchased hay and corn occasionally—these sacks might have been left behind—I have known the prisoner to be at that stable the last two or three months—there was no one at my store on the day before this, except the first thing in the morning—I had locked the door myself.
COURT. Q. When did the prisoner have hay of you last? A. On the day before he had one truss; part of that was left in his stable.
(The prisoner received a good character.)
GUILTY. Aged 25.—(Recommended to mercy by the Prosecutor and Jury.)— Confined Four Months .
718. WILLIAM SWAINE , stealing, at Greenwich, 1 coat, 1 cloak, and 1 handkerchief, value 3l. 1s.; the goods of John Kirkland; and 1 coat and 3 handkerchiefs, value 2l. 13s.; the goods of John Buller Stulse, in the dwelling house of the said John Kirkland: to which he
PLEADED GUILTY . Aged 19.— Confined Twelve Months .
MR. RYLAND conducted the Prosecution.
WILLIAM BAKER (policeman, R 361). On Saturday, 23rd June, I was sent for by Mr. Cabban, a linen draper, of Stock well-street, Greenwich—I then went to Mr. Smith's, a pawnbroker's, in Church-street, 100 or 150 yards from Mr. Cabban's, and found the prisoner Wright, standing in front of the counter—a shawl was on the counter before her, and a man was behind the counter—I asked her how she came into possession of that shawl—she said that it was given to her by a girl named Elizabeth King, who was standing outside the shop—I had not observed any one outside, and I asked her where King lived—she said that she used to live in Shelton-street, Greenwich, but did not live there now, and she did not know where she lived—I took possession of the shawl—this is it (produced).
GEORGE SHABPE . I am shopman to Mr. Cabban. On Saturday, 22nd June, about 2 o'clock, I was serving in the shop, and the prisoners came in together—Mason asked me to show them some silk for dresses; I did so, and they selected a dress and some lining, and then wished to see some shawls—they purchased one, and wished me to make out a bill, which I did, and told them the amount, which was 3l. 15s.—Mason put down 3s., and said that she would call for the goods in half an hour—they then went away—I waited about half an hour, they did not come, and Mr. Cabban and I vent into the street, and saw Mason some distance off, outside Mr. Smith, the pawnbroker's, shop—I went into Mr. Smith's, and found Wright with a shawl on the counter—I asked Mason if she was not in Mr. Cabban's shop buying goods; she said, "Yes"—I asked Wright the same, and she said, "Yes"—I looked at the shawl, and believe it to be one of those which I had shown them—this is it (produced)—a policeman came in, and they were given into custody.
Cross-examined by MR. METCALFE. Q. Is it a very uncommon description
of shawl?A. I have not seen shawls like it, to my knowledge—I dare say you could get one like it at any of the wholesale houses—I judge by the pattern—we had exactly this pattern in the shop—I saw it that morning, when I undid the shawls, and when I showed it to the prisoners.
THOMAS CABBAN . I am a linen draper of Stock well-street, Green wick On Saturday afternoon, 23rd June, I went into my shop, and saw the prisoners there—my shopman, Sharpe, was just handing them the account—I looked at it; it was for 3l. 15s.—it was handed to Mason, and she gave 3s. on account, remarking that she would call for the goods with the remainder of the money in half an hour, and they immediately left the shop—I had some suspicion, and went out; perhaps five minutes might have elapsed—I went to Mr. Delaney, the pawnbroker, but learned nothing there—I went on to another pawnbroker's 100 yards off, and found Wright offering this shawl in pledge—Mason was on the footpath just in front of the pawnbroker's door—I recognised her, but said nothing to her—I recognised the shawl as being in my stock not an hour previous to their coming in—I afterwards, examined my stock, and found that it was missing—I said to Mason, "You have been to my shop;"—she said, "I know I have"—I said, "You have selected some goods;"—she said, "Yes, I have looked out a shawl"—I said, "Yes, but not this shawl; this is another from my stock"—I sent for a policeman, and gave her into custody, left her with the policeman, and went back to my premises to get my young man to identify her, as the party who was with Moore—I recognised Moore immediately—Sharpe came and recognised Wright—on my return, I asked Mason whether she had been to my shop; she said, "Yes," and that she had looked out some goods—I wished her to accompany me to the pawnbroker's, and she did so—I am positive that this is one of my shawls, and that it was in my stock not an hour previous.
Cross-examined. Q.. Have you any private mark? A. There was one, but it has been removed—this shawl was bought at Crocker's, in Friday street—they had more than one; they are wholesale people—they print at Crayford, in Kent—I have no idea how many they strike off of our pattern—we had not been busy that morning—my other young man is not here, nor is my female assistant, or my eons—this shawl may have been in stock six months—I keep this part of the stock, and the shawls were not disturbed till 2 o'clock that day—this shawl is worth 20s.
WRIGHT— GUILTY . Aged 19.
MASON— GUILTY . Aged 20.
Confined Three Months .
Before Russell Gurney, Esq.
MR. LANGFORD conducted the Prosecution.
JAMES WESTBROOK (policeman, R 114). On Saturday morning, 23rd June, in consequence of information, I went with Sergeant Newell to search the prisoner's house—she lives in a little cottage, at the rear of Messrs. Pepper and Hammond—in the bed room I found this carpet and hearth rug, and up stairs three mats and a large piece of oil cloth—I also found twelve duplicates, with one of which I redeemed these nine yards of linen (produced), at Mr. Moore's, the pawnbroker's—I found this small broken piece of a plate in Mr. Hammond's kitchen, and was present when Newell pulled this large piece from under a bed at the prisoner's house; the two
pieces fit—there were two men lodgers at the prisoner's house, and three little boys—her husband has been away in gaol for a month—there are two rooms down stairs and one up—some of these things were found up stairs where the lodgers sleep, and a great portion down stairs—the duplicates were all that I found down stairs.
JOHN NEWELL (police sergeant, R 67). I went out with Westbrook to the prisoner's house—I asked her to let me look at the back window, and I saw underneath the table a mat—I asked her how she accounted for it; she seemed confused, and put her hands up, but made no answer—I told her she must consider herself in custody for stealing the things from Pepper and Hammond's—I then made further search, and under the bed, in a hamper, I found a copper tea kettle, some cups, saucers, plate, and other articles—under the drawers I found some more plates—six of them were dessert plates, and this broken one was one of them—the property was all brought down stairs—Mr. Pepper was sent for, and identified the greater part of it—I asked the prisoner how she accounted for the possession of them; she said, "I bought all this property at Mr. Baynham's sale, excepting the two carpets, which I bought of Mr. Leadbeater"—this pawnbroker's ticket was found in my presence—(read: "John Moore, Church-hill, Woolwich, Linen, 5s. 6d. Ann Gunnell, 27th Jan.. 1856.")
Prisoner. Q.. Did not I give you some papers? A. Yes, you showed me a bill of one carpet which you had purchased, but not of two; it was given up to your solicitor.
FANNY GATES . I am servant to William Pepper. On Saturday morning, 23rd June, I came down stairs, went into the kitchen, missed several things and saw litterings of hay, which the things had been packed in—I missed two green dessert plates—this one (produced) resembles one of them—also some mould candles and some knives—I have seen this carpet in the house.
WILLIAM PEPPER I am a linen draper, in partnership with Mr. Hammond, at Woolwich—the prisoner is a tenant of mine—she rents a cottage at the back of our house—we occasionally employ her as charwoman, and she has general access to our premises—this piece of carpet is mine; I missed it in April; we had it put down in the show room—this hearth rug is mine; it was taken from the show room in April, and deposited in the bouse, and I did not notice it afterwards—one of these two victorines was missed from the show room before Christmas; the other has been missed a considerable time—this mantle was taken from the warehouse some time ago—I missed this cloak some time ago—this linen has my private mark upon it.
TRIPHENIA EADES . On 23rd June, I lived at Chislehurst I was formerly servant to Mr. Edward Pepper—I assisted in moving the furniture from Edward Pepper's house to William Pepper's house, in the month of May—I know this green plate, and believe it to be Edward Pepper's property—these other plates (produced) are also his, and so is this coal scuttle; I know it by this dent—this carpet is Mr. Edward Pepper's, and so is this fish kettle: I found the lid of it on Saturday morning, and it fits—I was not in the house at the time these things were stolen, I was at Chislehurst—these door mats are Mr. Edward Pepper's.
COURT to WILLIAM PEPPER. Q. When were the things misted? A. On the morning of 23rd June—these things are Mr. Edward Pepper's.
FANNY GATES re-examined. I missed this tea kettle on the same morning that it was found, also this carpet, these eleven plates, and this fish kettle, and door mats—I came down at about a quarter to 7 o'clock in the morning
having gone to bed at a quarter past 10 o'clock—the house had not been broken into; it was all locked up when I went down.
JAMES WESTBROOK re-examined. I examined the house on the morning of the 23rd, the shutters were only folded to, and the back kitchen window was not fastened—the prisoner's cottage is at the back of the house; her window leads into Mr. Pepper's garden.
Prisoner's Defence. I did not take the things with the intention of stealing them; the two pieces of carpet and the hearth rug were put out to be shook. in a shed, the gate of which was left open to the street; I took them on purpose that they should not be taken by any one; they lay open in my house; the plates and kettle lay on my premises in the back yard; I gave Mr. Pepper perfect satisfaction at the police court; I had worked there eighteen months.
GUILTY . Aged 44.— Confined Two Months .
Before Mr. Common Serjeant.
MR. LILLEY conducted the Prosecution.
WILLIAM ARMSTRONG . I am quartermaster sergeant of the ninth battalion of Royal Artillery, and have charge of the stores, which, among other things, contain officers' baggage—they were deposited in a lower room on the ground floor at the Artillery Barracks, at Woolwich, and in consequence of the crowded state of the stores, a great many heavy packages had been deposited in the passage leading to the stores—on Tuesday, 5th June, Captain Elgee's servant, William Manfield, came to me—I had a half chest of drawers painted blue, belonging to Captain Elgee, whose name was on it—I deli. vered it to Manfield, and left him with it in the passage by the stores—on Thursday, 7th June, Manfield came to me, and made a report—the chest was not there then—I made inquiries, and from information I received, I went with. four privates of the Buckinghamshire Militia to Hill-street, Woolwich—Fletcher, Saunders, and George, were three of them, the other is in the hospital—I knocked at the door; it was opened by a female, and on going into the house I found this chest of drawers, covered with some dirty linen—the sergeant found parts of various cases—Manfield was with us—I found the case broken in pieces, and part of it was on the fire—here is part of it, with Captain Elgee's initials on it—I sent for a policeman, and remained till Newell arrived; he made a search—a short time after he arrived, I was up stairs with him, and Bowden came up, and said, "What is all this about?"—Newell told him that he was charged with stealing those articles, and asked what he had to say about them, pointing to the articles lying on the floor—we also found an officer's canteen belonging to Captain Yelverton, which had been in my charge—I cannot say when I last saw it, because the stores were so full.; it is marked in chalk, "Yelverton"—in another room up stairs, I found another box, marked, "Captain Addington," which had been left in my charge on 10th May—those boxes were broken up, and the contents, or a great part of them, gone—I knew Bowden before; he had been a gunner and driver in the Royal Artillery, and had been discharged—he had no business about the barracks that I know of:
he was a jobbing smith, and when he was employed in repairing the looks, he had access to all these places.
Bowden. Q. Was that case under lock and key? A. No, it was got out—there was an outer doorway, but no door.
WILLIAM MANFIELD . I am a soldier in the Royal Artillery, and servant to Captain Cad Walter Elgee. On 5th June, I went to the last witness, got the case out of the stores, and left it in the passage, locked up—I went the following day and took some books out belonging to the library, which I took to the library—I got some lashes, and lashed the box up—I last saw it on Wednesday, at 1 o'clock in the day—I went again on the following morning, Thursday, and it was not there—I gave information, and went with the quartermaster sergeant and several others to Hill-street, Woolwich—the three militia witnesses were with me; they pointed out the house, and we found there a chest of drawers, partly covered over with clothes, which was Captain Elgee's property—I saw other property of Captain Elgee's, went for a policeman, returned with him, and found some books, and a great number of things, which were safe in the chest when I left it—on the following Friday, 8th June, I went with Sergeant Newell to a house in Dorset-street, Spitalfields, and found two shirts, an epaulette case, some guitar strings, a set of new brushes, and a silver star, which had all been in the drawers when I locked them up and corded them; I put them in myself—a great many of the things have not been found; there were three silver forks, and spoons, and two silver ladles.
Cross-examined by MR. SLEIGH. Q. You had first gone to White's-row? A. Yes—Newell then asked if Mendes lived there—Dorset-street is only two or three minutes' walk from my place—we found Mendes' father and a female living at White's-row—they did not say that he partly lived there, and partly at White's-row, sleeping at one place, and having his meals at the other—a female opened the door at White's-row—she did not say, in my hearing, "Why, Alexander is very often here, but he sleeps at the other place, Dorset-street"—she told us that he lived in Dorset-street, and we went there directly—it was then 12 o'clock in the day—I knew that he was in custody at that time—I was present when he was taken, and heard him give the address, White's-row—the shirts were found in a chest of drawers; they are here; Captain Elgee's name is written on them—it has not been cut out, but the name has been cut out of two of those found at Bowden's—I found the guitar strings in a drawer, which was shut, but not locked—the epaulette case was on the table—the silver star was found in one of the drawers—I know it to be Captain Elgee's; his brother, who went to the Crimea, gave it to him—I have not seen hundreds like it, nor dozens—I should know it among 100—you will see a bit of a dinge on it—it was not fixed to any portion of dress; it was separate—I had nothing more to do with it than with anything else in his boxes—by a dinge I mean a bit of a speck—I bought these brushes in High-street, Woolwich, on 5th June, between 10 and 11 o'clock, and put them away on the following day, Wednesday, wrapped up in a piece of brown paper, with my name on it—I have not found the brown paper; it has been taken off—I did not find them in paper—Captain Elgee had had these guitar strings five or six months—they were in a box like this—I have no doubt of their being Captain Elgee's—this epaulette case is also his—I took care of everything of his—I have known this box about nine or ten months—some of the out-side is scratched off, and there is a large scratch on the back—Captain Elgee is not here; he is sick.
MR. LILLET. Q. Have you any donbt about this box and articles being Captain Elgee's? A. They are his—I know the star by this mark—these brushes resemble what I bought—the brown paper which was round them was found afterwards; I am not certain where—I saw these trowsers found—the name of Addington is on them—I do not know Captain Addington, or to what battalion he belongs.
MR. SLEIGH. Q. Have not they been washed since? A. No—they an not in a different condition to what they were when I found them'in Dorset-street.
CHARLES FLETCHER . I am a private in the Buckinghamshire Militia, doing duty at Woolwich. On the evening of 6th June, about 5 o'clock, I was with a comrade, going through the Artillery barracks, and Bowden asked me if I would help him to carry a box for his master—I said, "Yes"—he said that he wanted two more, and I said, "I will call two of my comrades;" and did so—he said that he would give us 6d. each—we went down the steps, and I asked him which one was to be taken, and he said, "This is the one"—that was a blue case—I did not see the name on it that night—the four of us could not carry it up the steps; we dragged it on some doors—Bowden said, "Follow me; I will show you the way"—we carried the box, and he went in front of us to a street—(I next day pointed out the street and the house to the quartermaster-sergeant, and to my own sergeant-major)—we set it down outside the back door, in a shed—Bowden then came out and gave me 2s.—I went to the same house when the search was made, and saw part of the same case which I had carried in. the house, and it was broken up.
ISAAC SAUNDERS . I am a private of the Buckinghamshire militia. I was with the last witness,'and helped to carry a blue case—I know the street, but do not know its name—I went next day to the same house, and saw the case broken up; part was on the fire, and part was standing by the side—I have heard the evidence that Fletcher has given, and it is correct.
Bowden. Q. Do you recollect the case falling to pieces as you were coming up stairs? A. One side of the case broke.
WILLIAM GEORGE . I am a private of the Buckinghamshire militia. I was with the two last witnesses, and carried a case from the cellar of the Artillery Barracks to a street close by—Bowden directed us where to go—I went there again next day, and saw the case broken up, and part on the fire.
Bowden. Q. Did you take it from the cellar, or from the passage of the cellar? A. From the cellar underneath the ground—there was a passage leading to the stores—part of it broke as we came up stairs.
JOHN NEWELL (police-sergeant, R 67). On Thursday afternoon, 7th June, in consequence of being sent for, I went to a house in Hill-street, Woolwich, occupied by Bowden; I found the quartermaster and Mansfield, and two or three others there—I searched and found a great deal of property lying about—I found a half chest of drawers, open—Captain Elgee's servant identified a great part of the property—the case was broken, and in three cupboards I found three chests broken up, and some on the fire—this small box was in a chest up stairs, with Captain Elgee's name on it—I found one pair of sheets with Captain Elgee's name, and a quantity of books—I found a box under the bed with the name of Captain Addington on it—that only contained straw—there was another large chest with Captain Elgee's name on it, which had been broken open, and a canteen case with Captain Yelverton's name on it in chalk, the contents of which were gone; but I
found part of them up stairs—I also found these forks (produced)—in a few minutes afterwards Bowden came in, and went up stairs; I followed him, and told him to consider himself in custody; he said that be had bought the articles—I said, "There is a good deal of property missing, what have you done with it?" he said, "I have sold most of it to a Jew; it is a bad job, how do You think I shall get on?"—I took him to the station—next morning, Friday, about 10 o'clock, I saw Mendes come out of the King's Arms public house, Woolwich, and in consequence of information I received, I took him into custody, and told him he was charged with receiving property knowing it to be stolen—he said that he had done nothing of the kind—I took him to the station, and brought Bowden out of the cell—Bowden said, "That is the man that I have sold part of the property to"—Mendes said, "I never saw that man in my life, I never bought nothing of him;" he was then charged—he gave his address, White's-row, Spitalfields—I went there, but did not find that he had lived there—afterwards, in consequence of information, I went to No. 31, Dorset-street, searched and found two shirts, one pair of trowsers, and a silver star—I believe the epaulette ease was in another case in the room—I also found this coatee case—this other epaulette case was in a coal cupboard—I was present when the trowsers were found, they have been turned since—I fetched Mendes out of the cell, and showed these things to him; he said that those two large cases he had had for six months, and all the other things he bought about three weeks ago in exchange, of a man who was gone out to the Crimea—I searched Bowden, and found on him 2l. 7s., a tobacco box and this bill head—(read:" Syrill and Benham, gold and silver refiners, 11 ozs. 16 dwts., 2l. 16s. 9d. ")
Cross-examined. Q. You found the man's family living at White's-row, and they told you where he lived? A. Yes—I found duplicates of wearing apparel and trifling things there, but not relating to this robbery.
MR. LILLET. Q. Do you produce a metal tea pot, two small forks, and a carving knife and fork? A. Yes—they were found sold by Bowden in Woolwich.
PATRICK M'IHTYRE . I live at No. 29, New-road, Woolwich, and am a pensioner in the Royal Artillery. I bought a carving knife and fork, and some other knives and forks of Bowden for 9s. 6d.—he came to my house and said that he had several knives and forks to sell, as he was going to get a situation in Devonshire at two guineas a week—he said that he had had them a long time—the carving knife and fork, and two other knives were quite rusty.
Bowden. Q. On what day did you buy them? A. On the 5th, Tuesday.
MR. SLEIGH to JOHN NEWELL. Q. Did Robinson accompany you to Mendes's house? A. Yes.
ROBINSON (policeman, examined by MR. SLEIGH). I have known Mendes about three years and a half; ever since I came on the beat—he is a member of the Hebrew persuasion—I know nothing detrimental to his character.
MR. LILLET. Q. Do you know anything favourable to his character? A. No.
Bowden's Defence. I served in the Royal Artillery twenty-four years and twenty-seven days, and was discharged with one of the highest characters that can be given; I was awarded 5l., and a silver medal for long service—for the last six years, I have been buying officer's bedsteads, locks, spurs,
and other articles in exchange, when they are going abroad; a person who represented himself as Captain Elgee's servant came to me, and wanted to make a bargain with me for the chest of drawers; he took me down into the cellar, and after he had shown me where the drawers were, four militia men helped to carry them, and the man who represented himself as Captain Elgee's servant, came and helped me in with the drawers and the case; he forced open one drawer, the bottom one was not locked; he turned out all the things, and said that I was to have it for 3l. 10s.; I said that I would give him 3l. 5s., and that there was the expense of getting them, which was 2s.; he Raid, "I will allow you that," and I gave him 3l. 3s.; I did it in open daylight, 8 o'clock at night, on 6th June, with 100 soldiers and militia men standing about—next day I took what I thought was valuable, and hired this man to sell them; I went with him, and what he sold came to 2l. 7s. 6d.; I gave him 7s. 6d. for his trouble; I bought the canteen of Lieutenant Shakeley's servant, on 7th May; he said that his master had given him orders to do what he liked with it.
(The prisoners received good characters.)
BOWDEN— GUILTY . Aged 46.— Confined Twelve Months .
MENDES— NOT GUILTY .
Before Mr. Baron Parke.
MR. PLATT conducted the Prosecution.
ANN ALFORD . I am a widow. About the middle of Feb. last, I was a pauper inmate of the workhouse at Newington, and saw the prisoner there and her child—it was three months old, within a day or two, when it died—I believe its name was Mary—they were in the ward called the mothers' room; I was the nurse of that room—the mothers who had children to take, care of were in that room by themselves, I had ten of them—I had seen the deceased child in the lying-in ward before that, several times; it Was born in the workhouse—I had seen it in the lying-in ward about a fortnight before it came into the mothers' room—it was then in its mother's care, and. when it came into my room it was in the mother's care—it appeared very; bad in health then—it was under my care about five weeks—I do not know how it was when it was in the lying-in ward, but when it came to me it. was very poorly—it was continually crying and screaming—it was very thin—I saw it daily, and nearly hourly—about a week after it came to my room I spoke to the prisoner about it—it was my duty to see that the mothers attended to the children—the prisoner had nothing to do but to take care of the child, she had no labour to do—she had a very fine breast of milk—she had the means of giving plenty of nourishment to the child from the breast—I said to her, "Sturgess, your child does not look well, I will call Mr. Lowndes's attention to it"—she said she did not want any attention—I did call Mr. Lowndes's attention to it—she was in my room between a month and five weeks; she was then taken before a Magistrate, and taken to prison—she ill used the child very much—it was a complete sight from want—I constantly called her attention to it, night and day—she was allowed arrowroot and other things for the child, but she did not give it,
they were supplied by the authorities of the workhouse, in order that she might feed the child properly; there was plenty for that purpose—she would not suckle the child—she did not do it, and she would not do it—she said she would not, and she did not—I heard her say so repeatedly—her breast was not at all sore, I examined it several times—she appeared to be quite well—I have seen her hit and shake the child—I do not know whether it was naturally a healthy child; I think if it had had food it would have been healthy—I did not see it shortly after it was born—Mr. Lowndes examined her breast in my presence, and told her that she had got a fine breast of milk and that she must suckle the child—she said she could not give it, and she would not give it; she said it did not want milk, she would bring it up by hand—her conduct was very bad to the child—I should say I saw her give it the breast very little indeed, and she never gave it at all the whole of the night—the child was in a very bad state when the prisoner was taken away—it was taken the greatest care of by the matron and the master, before the prisoner was removed, and afterwards also—it was fed well when I had it—it lived ten days after the prisoner was removed—it had a pint of arrowroot and milk, and every attention was paid to it; it died on Saturday night, 24th March—in my opinion the child seemed to suffer from want of food and nourishment—I believe the prisoner is about twenty or twenty-one years of age.
Cross-examined by MR. PAYNE. Q. She is a single woman, is she not? A. I believe so—I did not know her when she was in the lying-in room; I never go into any other ward than my own—I saw her there first about the middle of Feb.—I had been living in the workhouse for seven years—I do not know how long she had been there—I think she was in the lying-in ward about a fortnight before she came to my room—I do not know how many mothers and children there were in the lying-in ward—I never noticed, there were several—I had ten mothers and ten children in my room—the prisoner did not suckle the child when I spoke to her about it—she would not suckle it, she would lay it on the bed, and go out and leave it—I have been examined before the Coroner—it was very seldom that she would suckle it, I had to worritt her to do it, and then she did—I allowed food for it; I gave the food to the child when the prisoner would not—it appeared very bad when I first saw it—it died ten days after the prisoner was sent to prison—it was with me the whole of that time—some of the other mothers gave the child a breast of milk sometimes; one in particular did the night the prisoner was taken into custody—all the ten mothers and their children slept in the same room, and were under my charge.
MR. PLATT. Q. When you gave the prisoner food for the child, did you watch to see whether she gave it, or did you rely upon her? A. I relied upon her—I gave it her in a basin; I know she did not give it to the child, because I have seen her eat it—I have seen her give it a trifle.
ALFRED FEIST . I am master of the poor house at Newington. The prisoner was admitted about the middle of Jan., and was confined in the house a few days after—about the middle of Feb. my attention was called to the prisoner and her child; she was then in the mother's room—the child seemed in a very delicate state—I told the prisoner that the nurse had reported to me that she refused nourishment to the child, and if she neglected it, I was in duty bound to take her before a Magistrate—she said she Hid not care, she did not wish it to live, she wished the little devil was dead—she seemed to be serious; she said it in a serious way—I desired her to feed the child, repeatedly, day after day, both myself and the matron did—
food was supplied to the prisoner to feed it with—I never saw her feed it—I asked her to do so on several occasions, and she refused, and said she wished the little devil was dead—she said that more than once—I took her first before the Board of Guardians, and then before a Magistrate, and she was sent to prison on 15th March—the child was then in a very delicate state—every care was taken of it after the prisoner was removed, but it died on the 24th.
Cross-examined. Q. Who attended this girl in her confinement? A. Dr. Gannon; he is not here; and nurse Adams; she is not here—it was in the beginning of Jan.—my attention was not called to the mother or child until the latter end of Feb.—she did not appear angry at the time she said she wished the little devil was dead—I had requested her to feed the child, probably, half a dozen times—I never saw her in a passion—Dr. Lowndes attended the child—he began to attend it at the time the nurse made the report to me, at the latter end of Feb.—that was the first tune any medical attention was paid to the child after it came out of the lying-in ward.
SARAH HOLLYHOCK . I am single, and live at No. 7, New-street, Camden-town. I was an inmate of the Newington poorhouse for about three months, commencing about Feb.; it was while the prisoner was there—she was delivered of a child there, in the lying-in ward—I was there at that time, and saw her and the child from day to day—she was not kind to the child; she used to slap it and shake it, and chuck it on the bed—she did not attend to it when it cried; she would let it cry for two or three minutes—she appeared to have a full breast—I have spoken to her a great many times about letting it cry, and not giving it the breast—she has said, "Mind your own business, and let the little devil cry"—she afterwards moved into the mothers' room—I saw her there—her conduct to the child there was very bad; she did not give it the breast—we had to force her very much before she would do it—she used to give it the breast then; that was not very often—there was plenty of food supplied for the child—I have seen her give the child a little, and eat the rest herself—I have seen her throw the child on the bed, and say she hated the sight of it—she appeared to be serious when she said so—the child looked very bad.
Cross-examined. Q. When you say she threw it on the bed, you mean on the bedclothes? A. Yes; she threw it there for the purpose.
LOWNDES. I am medical officer to the poorhouse at Newington, My attention was first called to the deceased child on 14th Feb.—it was then about ten weeks old—it was healthy in appearance, but delicate—in consequence of being told that the prisoner refused to suckle it, I examined her breast, and found it copiously supplied—I then remonstrated with her upon the cruelty of withholding its natural diet from it, and also upon the consequences likely to ensue from it—she said she had no milk, but I found plenty—she took it to the breast again, and I heard no more of her until 15th March—I then examined the child—I found it grossly neglected—there was great excoriation, in consequence of its napkin not having been changed—it was then taken from its mother—it did not appear likely to live—it certainly did not appear to have been properly suckled and taken care of—I ordered it farinaceous food, arrow root, and light diet—if anything could have sustained life, they would have done so, judiciously employed, or rather, I should say, it might have prolonged its existence—it died on 24th March—I made a post mortem examination on the 29th—the brain was perfectly healthy in structure, but ex-sanguineous, paler than
usual, and there was effusion in the ventricles, or between the membranes—the lungs were perfectly healthy, but flaccid—the stomach was perfectly healthy, but there was not a particle of nutriment in it—there was a quantity of bile in the duodenum—the mucous membranes of the ilium were congested—the larger intestines were quite empty, not a particle of faeces.
COURT. Q. How do you account for that, because the child had then been in the care of the parish officers for nine days? A. I cannot account for it—the kidneys were healthy—the body was quite ex-sanguineous—in my opinion, the cause of death was inanition; I should say that was of about a month's standing; it is impossible to state exactly—those appearances would not hare been so positive if the child had been properly fed from the 14th March till the 21st—I think if it had been properly taken care of for the last nine days it would not have presented those appearances—taking all the circumstances into consideration, I think want of due nourishment was the cause of death—the first cause was want of due nourishment before 15th March—if it had been properly nourished since 15th March, I think it would have been very doubtful whether death would have occurred or not—I did not think the child would have lived from the first time I saw it—if it had been properly nourished from 15th March to the 24th, I do not think it likely that it would have lived—the evil had been done on the 14th, when I remonstrated with the mother as to the neglect—it pined afterwards.
Cross-examined. Q.. Why did you first say it was doubtful whether it would have lived or not, and immediately afterwards say it was not doubtful? A. My opinion is, that whatever care might have been taken of it, it would not have ultimately lived; it might have prolonged life, it would probably not have died so soon—my attention was not called to the child at all between 14th Feb. and 15th March—I passed the ward every day, and the prisoner then had the child, and therefore I heard no more about it—it wanted no medicine; all it wanted was moral management—children are not subject at that very early age to disease of the mesenteric glands; it is the case if they are of a scrofulous tendency, but here the visceras were perfectly healthy—the mesenteric glands appeared perfectly healthy—I did not see anything of a strumous habit in the child—I never examined the mother particularly—she was not subject to scrofula of the neck, or anything of that kind—I believe scrofula is an hereditary disease.
JURY to ALFRED FEIST. Q. Who had the care of the child after the mother was taken to prison? A. Mrs. Alford.
JURY to ANN ALFORD. Q. How came it that the child had apparently so little food after 15th March? A. It took arrow root on the Friday morning; it died on Saturday night—it would not take anything at all on Saturday—it took a little arrow root on the Friday morning, and before that it took arrowroot—it had a pint a day—it did not take that—it might have had a pint of milk, or a pint of arrow root; milk was too heavy for its stomach—it could not eat anything but arrow root—it was put to Hollyhock's breast once or twice in the night to pacify it; not every night, but occasionally—I fed the child myself; nobody fed it but me.
( GUILTY of manslaughter. Aged 21.—Strongly recommended to mercy by the Jury, on account of her deserted condition, and thinking there had been great want of attention on the part of the parish authorities.) Confined Twelve Months .
MR. PAYNE conducted the Prosecution.
at Rotherhithe—the prisoner and her husband lived in the same house—they had three children; the deceased was the youngest, and was two months old—it died last Sunday week—I first saw it that day between 11 and 12 o'clock; he was then in his mother's arms in the passage—the prisoner bad been taking a little, but was not to say intoxicated—the child was then in perfect health—I saw it again in his mother's arms in the street at half past 2 o'clock, with beer thrown over her, and she said her husband had thrown a pint of beer over her—there was nothing the matter with the child then—I saw it no more till about a quarter to 8 o'clock in the evening—I then saw the prisoner in the street screaming violently, and saying that her child was dead—she had the child in her arms; it was apparently dead—I tried to stop her, but her mother came and took it out of her arms—she was a little in liquor, but nothing to speak of—I do not consider that she was at all unable to take care of herself or her child—I do not think she was more intoxicated then than she was in the early part of the day, she was pretty much the same—I did not see her take anything—she is at times given to drink—she will go weeks without sometimes, and then she will take it for two or three days together—I saw her without the child in the afternoon; I think it was then in bed, and she went up to bed to it—I did not see her from half past 2 o'clock in the afternoon till a quarter to 6 o'clock, and she said she had been lying down, and had left the child in bed, and at a quarter to 8 o'clock it was dead—on the Monday she told me that she went up stairs to look at her baby at a quarter to 8 o'clock on the Sunday, and found it lying with its tongue working in its mouth; that she tried to suckle it, but it would not suck, and she lifted it up and thought it was in a fit.
Cross-examined by MR. DUNCAN. Q. She is a kind woman, is she not? A. A very good mother, and particularly fond of that infant—when I saw her at a quarter to 8 o'clock, she was in great distress, and her screams were very violent.
THOMAS ROBERTS (police sergeant, M 28). On Sunday, 24th June, I heard of the child's death, and went with the prisoner's husband to the house of the prisoner's mother, in Rotherhithe-street, where it was then lying; it was dead—the prisoner was very much the worse for liquor—she appeared to be recovering from a worse state of drink, from the shock caused by the child's death—I asked her if she could account for the death of the child; she said that she went up to bed in the afternoon, and laid down with the child; that she came down again to get her husband his tea, and went up again, she believed, in consequence of the child's crying, and the child was putting its tongue out of its mouth—I asked her if she was aware of any marks upon the child's person; she said no, she was not; she did* not know anything at all about it—I then showed her the child's side, where Mr. Simpson, the surgeon, had shown it to me; there was a very large black mark on its right side, seven or eight inches broad, covering the whole of the right side from the hip to the armpit—she said she did not know anything at all about it—I have seen the prisoner very often; she drinks very much at times—she could not stand well on this night from drunkenness.
GEORGE THOMAS SIMPSON . I am a surgeon in Coburg place, Rotherhithe. On Sunday evening, 24th June, I was called to go to the prisoners mothers house, with Sergeant Roberts, about half past 8 o'clock—I saw the child; it had then been dead, I should say, three or four hours—from what I heard, I should fancy it died from suffocation—I found no blood on its person there was a mark completely round the loins; that was caused by pressure
—it might have been caused by overlaying the child—I made a post mortem examination, and was of opinion that Heath was caused by suffocation; not by the hands of a person, but by overpaying—the bruise on the loins was not connected with the cause of death; alight pressure might cause that in so young a child—I saw the prisoner at the house; she was intoxicated, and I should say not capable of taking care of the child.
NOT GUILTY .
Before Mr. Baron Alderson.
MR. PLATT conducted the Prosecution.
ANN HOLNESS . I am servant to Robert Henry Bristow, of No. 8, Grove-road, Brixton. On a Thursday, in last January, the prisoner came to the side gate and rang the bell; I had never seen her before—she brought some lace in a basket, and asked me to buy some—I bought a small piece which came to 6rf.—she said that she was in very great trouble—I gave her 2s. piece to go and get change, and bring it back; she asked me for something to eat, and I gave her some small pieces of bread, some mutton, and an ounce of tea—the tea was my own—she did not come back as she had promised, and I never saw her again till Monday, 11th June, five months afterwards, when she came again and rang at the bell—I went, and she said, "Well, Miss, I suppose you have not forgotten me"—I said, "No"—she said, "You have not forgotten the 2. piece;" I said, "No, but I will forgive you that"—she said, I must tell you all; I would have come back and paid you, but I have been in trouble; I was watched at the gate with the tea you gave me, and have been in prison four months, all through what you have done"—she charged me with' stealing the tea from my master—I told her that I did not, that it was my own, and it was very strange that she should be taken into custody for what I had given her—she said that while she was in prison she had one child died, and her husband was very ill, and that she was in great distress, and wanted 10s., as she had to make up 5l. to pay her lawyer, and had got but 4l. 10s., and if I did not give her 10s. she would have me up before the Court for stealing my master's property, but if I did I should hear no more about it—that frightened me—she said that my master and mistress must know all about it, and began screaming and crying—I told her I could not give her 10s., but I would do what I could for her—she made a dreadful noise, and I begged her not to do so, and told her I would do what I could for her—I went up stairs, fetched down two half crowns, which I gave her, and she said, "Oh, my God I is this all you are going to give me?"—I said, "I cannot give you any more"—she said, "You must"—I told her I did not think I could give her any more—she said, "You must, or else your mistress and master must know about it"—I then gave her a morning frock of mine, and another half crown, and she went away and said she would call again on the morrow, and tell me whether it would do or not—she did not come then, but she came on the Wednesday, about 2 o'clock in the afternoon, and said that what I had given her was not enough, aud I must give her something more, anything would do, shawls or anything—I gave her a shawl, and she went away and came again about 7 o'clock on the same evening, and I gave her a gown piece and a pair of socks—she said the same that time, about my master and mistress knowing it, and that I should get into trouble—she offered me a bottle of something, which I would not take—I gave her the things because she threatened me and frightened me, and I believed that J should be taken to the eourt—she had that child with her.
Prisoner. Q. Did not I ask you to lend me a few shillings? A. No: you said that I must make the 10s. up—you promised to bring the shawl and gown piece back on Saturday.
Jury. Q. Where did this take place? A. At the back gate, she did not come into the house—I never saw her before January.
RICHARD WOOFF (policeman, L 58). On Wednesday, 13th June, about half past 7 o'clock, I was on duty in Grove-road, Brixton, and saw the prisoner come out at the gate and join a woman named May, who was holding the prisoner's child—I asked the prisoner what she had been doing, she said that she had been begging; I told her she must walk away—I saw a bundle under her arm, made towards her to question her, and she dropped this gown piece from under her shawl—I picked it up, and found under her shawl this pair of stays—she said that she had exchanged them with a lady for some catsup.
(The prisoner's statement before the Magistrate was here read as follows: "I asked her to lend me a few shillings, and she did; first, two half crowns, and then another, and she gave me the old gown for my baby; I came and asked her to lend me a few more things, and she did lend me the things to make a few shillings of, and it was my intention to let her have the things again on Saturday; I only asked May to hold my baby, she knows nothing about it.")
Prisoners Defence. It was not my intention to keep the things, I meant to bring them all back again to her; she lent them to me to raise a few shillings on, as I told her I was in distress; when she gave me the gown piece and stays she said, "There, take them and bring them back to me on Saturday;" I did it out of no ill intention, she lent them to me out of kindness; I had three witnesses here, but they could not stay.
GUILTY . Aged 23.— Confined One Year .
Before Mr. Common Serjeant.
PLEADED GUILTY .* Aged 21.— Confined Twelve Months .
726. WILLIAM BARNES , feloniously forging and uttering on 9th June a request for the delivery of 5 cwt. of iron and 2 bags of nails: also, on 23rd June, a request for 4 bags of nails: also on 13th June, a request for 3 bags of nails and 5 cwt of bar iron, with intent to defraud; having been before convicted: to all which he
PLEADED GUILTY . Aged 23.— Four Years' Penal Servitude .
MESSRS. CLERK and POLAND conducted the Prosecution.
DANIEL ARNOTT . I keep a stationer's shop, in Brixton-road. On Tuesday, 26th June, Adams came for a quire of 4d. note paper—he gave me a half crown in payment—I found it was bad, and told him so—he said it was not his, it was given him—he gave me another half crown—I gave him 2s. 2d. change, and returned him the bad half crown—he left the shop—I walked to the door, and saw which way he went, and told a lad I had in the shop, to follow him.
who was I suppose 150 yards from Mr. Arnott's shop, and waa going towards. Brixton—he soon afterwards overtook Green, who was walking very slowly towards Brixton Church—they walked together rather slowly, and Adams gave Green something—Green looked at it, and threw it away over a gentleman's house, three or four stories high, on the other side of the way—it looked glittering like a piece of coin—I was at that time thirty or forty yards from him—another officer came up to me, and the prisoners saw us, and walked faster, and turned out of the Brizton-road, down Russell-street—Green left Adams and went into the public house, and Adams went on further, to some houses which have little gardens—I followed him to Russell-gardens, and saw him take something out of his waistcoat pocket, and throw it over the wall of a garden—it looked like coin; some was loose, and some wrapped in paper—I took hold of him, and told him it was coin, and charged him with uttering a bad half crown—he said he knew nothing of it—I searched him there, and found in his left hand waistcoat pocket this bad shilling, wrapped in paper—he did not qay anything when I found it—I also found on him 2d., and a knife, but no other money—the other officer brought Green to the station—I told the officer what I had seen—he brought some counterfeit money to the station; I went with him, and he pointed out the place where he said he had found it—that was the place where I had seen Adams throw away something—I searched Green, and found on him 17s. 7d.; 2s. 4d. was in copper, the rest was gold and silver—all good—I did not find anything at the house where I saw Green throw something.
Adams. Q. How far was it from the place where you took me, to the station) A. I should not think it was more than half a mile—I was about four yards from you when I saw you-throw something.
GEORGE BUCKETT (policemen, P 237). I was on duty on 26th June in Brixton-road—I was called by Walker to assist in taking the prisoners—I saw Adams go down Russell-street, and Green went into the George the Fourth public house—I followed him, and said I would take him in charge for being in company with a man uttering bad coin—he said he knew nothing of it—I took him to the station—I then went to a place in Russellgardens, which had been named to me by Walker—I found seven shillings, three sixpences, and a half crown; some was loose, and some in a paper—1 took it to the station—I went with Walker, and pointed out the place where I found the moaey.
WILLIAM WEBSTEB . I am inspector of coin to the Royal Mint This shilling found in Adams's pocket is bad—this money found in the garden is all bad, and six of the shillings are from the same mould as the one found on Adams.
Adams's Defence. When I was told the half crown was bad, I threw it away; I entered no other shop.
Green's Defence. I was going along the road, and this man asked me to direct him to the post-office; he said he had been buying some paper, and he wanted some stamps; we went part of the way down the street, and I asked him if he would have a glass of ale; he said, "No"—I went in to have a glass, and the officer came and took me; I know nothing about it; I sent him to my residence, where I have lived four years.
ADAMS— GUILTY . Aged 43.
GREEN— GUILTY . Aged 29.
Confined Righteen Months .
Before Mr. Justice Cresswell.
728. WILLIAM STAFFORD and CHARLES STAFFORD , were indicted (with Benjamin Bennett and William McLaren, not in custody), for burglariously breaking and entering the warehouse of Charles Randall and another, and stealing 20 pockets of hops, value 400l., their property. 2nd COUNT, feloniously receiving the same.
MESSRS. CLARKSON and WORSLEY conducted the Prosecution.
TIPTON DITCHETT . I am warehouseman in the employ of Charles Randall and Co., hop merchants—they carry on business at No. 9, Duke-street, Tooley-street, Southwark, under the style of Lockwood, Randall, and Co.—they have a warehouse in Snow's-fields, which is enclosed by a pair of gates—within those gates is a yard, leading down to the front of the ware-house—the gates open into Weston-street—from the gates to Weston-street is a distance of about thirty yards—it was my duty to go to the warehouse on Friday morning, 27th April, but not the first thing in the morning—I went there from 9 to half past 9 o'clock; the gates were then open—I went in at the back entrance in Sparrick's-row, and on going into the warehouse 1 missed twenty pockets of hops; I had seen them at half past 5 o'clock the night before, safe in the warehouse—the pockets were marked, "C. & F. Leny, Wateringbury, Kent, 1854," and besides that, the number and weight—I next saw the pockets at the police station, at Islington, about a week or ten days after they were lost—fifteen of them were in their original state, and five were in new cloth—there were no marks on the new pockets—I examined the hops—I examined the externals of the fifteen pockete, and drew samples from the new pockets, and found them to correspond with the hops we had in our warehouse—I have the samples here—the value of the hops was about 400l.
Cross-examined by MR. COOPKR. Q. What was there peculiar in these hops of yours; you say you examined fifteen externally, and some were new covered? A. Yes; five were in new cloth—we have our hops from a factor in the Borough—the person who supplied them to us had a large quantity—he is a wholesale factor; he receives them from the planter who grows them—these were Kent hops, and the name of the planter was printed oh the cloth—all the hops from him would have that mark, but not the number—when we draw hops, we place a number on the corner of the pocket; numbers 1 to 20, as it may be, and the same number on the paper which contains the sample—in this case they were numbered from 19 to 38.
MR. CLARKSON. Q. These hops are sold? A. Yes, some of them; but I have some here, and the cloth or pocket, and there are five of them in cloth which do not belong to us; this is one "C. & F. Leny, Wateringbury, Kent," and at the corner is the sample number, "No. 35"—this is one of the pockets that I marked on the afternoon or evening on which we lost twenty—I examined the hops before they were sold—they were Kent hope—I know them to be the property of my masters—this is one of the new pockets.
JOHN GAY . I am a hop porter in the service of the prosecutors. On the evening of 26th April, I locked up my master's warehouse about half past 5 o'clock; sometimes we lock up at 6 o'clock—I closed the front entrance leading into the yard before you go out of the gates—the gates are fastened with a bar across the inside—I did not fasten the gates through which persons go into the yard, as there were other persons in the yard—I closed the warehouse door, and made it fast within with a bar inside, which goes over a staple, and shoots into the sill of the door, so from without, the warehouse cannot be got into without its being broken—this front door was locked as well as barred—I went out at the back door—Hhe twenty
pockets that were missed the following morning, were then safe in the warehouse—I locked the door of the back entrance, and put a bar across, god a padlock on each side—I came on the following morning at 5, or ten minutes past 7 o'clock—I entered by the way of Sparrick s-row at the back—there is a landing stone at that back entrance—when I got to that back door in Sparrick's-row, I found all right—I got in by a key, and walked up to the front door; I found the front door open—1 did not miss anything then—1 went down to the gates, and found the padlock was off the gates—I came back again to the warehouse, and found twenty pockets of hop were gone; I missed twenty pockets—I found the bar which goes over the staple and shoots in the sill, was thrown on one side—there were marks outside the door of some iron bar which had been put in to prise the door open—I missed the hops, and went to the police station.
GEORGE SMITH (policeman, M 165). I went to the warehouse on Friday, 27th April—I examined the front door, and found it had been broken open—the door had been prised open with an iron bar in several places—I did not examine the gates.
CATHERINE SARAH BOLAN . I live with my father, in Weston-street, Bermondsey. I know the hop warehouse of the prosecutors—you turn out of Weston-street to go to the warehouse, and on the left hand side as you go down, are the premises of my father—he does not follow any business—there are no windows in that part of our house which is in a line with the gates of the warehouse—on the night of 26th April, I was at the gates of my father's premises at a little after 10 o'clock—I was returning home—I saw a van turn the corner, going towards the gates of the hep warehouse—the van was empty—the gates were not open when I first saw the vau—when I got a little way up the turning, the gates opened—the van went up the yard, and the gates closed directly—I was not able to distinguish the driver of the van, or the person by whom the gates were opened—I did not perceive any one—I went in directly, and saw no more—in about a quarter of an hour I heard something come out—to the best of my belief they were not there above a quarter of an hour—what came out appeared to me to be a van loaded—it was about 25 minutes to 11 o'clock when it came down—I did not see the van after it left the yard, nor which way it went.
JOHN RYAN . I am a hatter. I sleep at Mr. Hodson'a, in George-street West, Blackfriars-road. On 26th April, I was passing through Suow'e-fields, about a quarter past 10 o'clock at night, I saw a van laden with hops going towards Ring-street—there were two horses in it, they were trotting—I held on behind, and followed the van to Blackfrars-road—I saw the person who was driving the van, when he was turning round Weston-street, Snow's-fields—there was a light at the corner of Weston-afcreet—William Stafford was driving—the van went up King-street, towards Blackfriars-road—it then went towards the bridge—I let go the van then.
Cross-examined by MR. TALFOURD SALTJEB. Q. You were hanging on behind, and I suppose the driver had no knowledge that you were there? A. No; I placed myself in such a position that he should not see me—he could not see me; he was in front—he was not dressed as he is now—he had a brown coat and a hat.
Q. Had you any opportunity of judging of his height? A. I saw him just as he was coming out of Weston-street; he was sitting in what they call a dickey, in front of the van—he was driving with reins—his back was towards me all the time till I got to Blackfriars.
COURT. Q. Where were you when he turned out of Weston-street?
A. At the corner of New Weston-street—lie came past me—I met him and then got behind the van—I had never seen William Stafford before.
EDWIN COLEMAN (policeman, M 53). On Thursday night, 26th April, I was on duty between 10 and 11 o'clock, in Union-street, in the Borough—I saw a van with two horses coming down Union-street, loaded with pockets of hops—it was going towards Blackfrars-road—I was standing still—I observed the driver—I believe William Stafford is the person.
Cross-examined by MR. T. SALTBR. Q. How was he dressed? A. With a dark coat, or a jacket it might hare been, and a cap—I was on the other side of the road—T did not observe anybody hanging behind the van.
COURT. Q. Where is King-street f A. About 200 yards from where I was—I saw him cross the Borough from King-street—that took my attention first—he was driving a good smart trot—I saw him come out of King-street, cross the Borough, and go into Union-street.
EDWARD SMITH . In April last I lived in Morgan's-yard, Islington. I know the prisoner, Charles Stafford—he is a cab proprietor—I was working for him occasionally as horse keeper—his stable was in Black Horse-yard, City-road, about fifty yards from the Blue Coat Boy—the Blue Coat is at the corner, at the top of the City-road, where it is joined by the Islington-road and the New-road—I know William Stafford; he is a cow keeper, and lives with his father and mother, in Hermes-street, Pentonville—he is the brother of Charles Stafford—Charles has only one cab—I was acting as his horse keeper on 26th and 27th April last, and on the evening of the 26th I was in Charles's stable, in Black Horse-yard, about half past 10 o'clock, or from that up to 11—I saw him leave, with a cab and horse, about half past 10 o'clock—before he went out I received directions from him about the keys of the stable—he told me to leave the keys at Mr. Tarling's coffee shop, that is opposite the Peacock, and to get a penny candle, and leave it at the stable, as his brother Bill wanted to come in there thai night—I did so; I left the keys at Tarling's, and the candle at the stable—he said he should be there about 9 o'clock the next morning—I went the next morning to Tarling's coffee shop for the keys—I did not get them—I went to No. 8, 'Chapel-place, where Charles Stafford lodged—I saw him, and he told me that his horse had been in several hours, and he did not want me that day; he wanted the horse to rest that day—he told me to come up there between 5 and 6 o'clock that night—I went down to the stable on that Friday night—I got the keys at his lodging, and when I opened the stable door, I same a strong smell—I never smelt any smell like that before—George Rand went in with me, and asked me what it was—I went into the loft, and I found twenty pockets of hops, but I did not know that they were hops—I had never seen hope before—I called Rand up, and he came up—the twenty bags of hops were all in bags at that time—I am not able to write or read—Charles Stafford came there, I should say, in half an hour afterwards; that was after Rand went away—I said to Charles Stafford, "When I opened the stable door there was a strong smell; it almost made me boozey"—he told me it was his property, and he did not want that any one should know it was there—he went and put his corn up, ready for the night—(he only works his cab at night)—he told me to put his cab on the rank about half past 9 o'clock—he then left me, and went away—I was at work for him again on the following Monday, between 8 and 9 o'clock in the morning; and I was at work in the afternoon, about half past 4 o'clock William Stafford came about half past 4 o'clock, and three more persons with him—I saw two of those other persons before the Magistrate—William
Stafford met me as I was coming up the yard from the stable—he asked me for the keys of the stable, and he told me I was to go down the yard, and take his brother's horse to the farrier's that night, to have two fore shoes put on, because his brother wanted to get out early that night—as soon as I unlocked the stable door, William Stafford went into the stable, and he and two of the strangers walked up into the loft—the third was not with them at that time—he came afterwards—he also went into the loft—I cannot say whether be had been there before—William Stafford and the three strangers were then in the loft—Charles Stafford came down about ten minutes afterwards; he asked me what was the reason I did not bring the keys up to his house after I had done his work—I told him I had another job to do, I had not time to ge up to his house with the keys—he told me to bring his horse, and take it to the farrier, and wait until such time as it was done—he said, "My brother is up in the loft, is not he?"—I said, Yes"—he then went of into the loft, he was up there two or three minutes—he came down afterwards, and told me he did not want me to come up into the loft at all, for he did not want these parties to know that I should know that the things were there—he went up in the loft, and I brought the horse outside the stable to go to the farrier's, and William Stafford came out of the gate, and gave me a leg up—I was about a quarter of an hour gone—I returned to the stable, and proceeded to wash the cab; Charles Stafford was there, standing against the loft door, sweeping the loose hops out of the loft—the eab was right under the loft door at the time I was washing it—I suppose they were sweeping the hops together, the loose ones were flying about, and they came on the cab—I got on the roof of the cab, and that brought me level with the loft door—I could see right into the toft—I saw two persons there; they were two of the strangere that I saw; come—one of them was straddling on one of the bags; be had a palm on his hand and a needle—they were shifting the hops about—in the course of the time that I was there, haying returned with the horse, Charles Stafford threw me a shilling out of the loft door into the yard, and asked me to go and fetch a pot of beer—I heard the other men talking to him, jabbering with him, and saying, "Don't send for a pot, send for half a gallon"—I fetched it, and came back with it to the stable, and as soon as I opened the stable door, Charles Stafford ran dowm the ladder out of the loft into the stable, and took the beer himself—that was about 5 o'clock, or later than that—I saw the strangers go away about 7 o'clock; Charles Stafford did not go with them, he stopped behind—these men were in the yard, and I heard them appoint with Charles Stafford to be there between 4 and 5 o'clock the next afternoon—after they were gene, I was cleaning the harness, and Charles Stafford told me he had a little job for me to do—he went up into the loft, and chucked down five bags out of the loft—they were just such bags as these (looking at them)—he told me he wanted me to take them bags to Holywell-lane, Old-street, and sell them at any rag shop I could, and he told me to shake them before I took them—I told him, "Very well," and he went home to his tea, and left me there to take the bags—George Rand was in the yard, and he helped me to shake them, and we doubled them up, and went away to sell them—I went down Goswell-road, and there was a young man, Charles Fox, standing at his father's door, who is a corn chandler—he stopped me, and talked to me, and in consequence of that I did not offer the bags for sale—I went back to the stable, and put the bags under the manger, where I took them from—I put the keys of the stable in my pocket, and went up to police station,
where I saw Sergeant Sainsbury; I went in, and told him something—I then went back to the stable; I saw Charles Stafford in an hour, or an hour an a half afterwards—he asked me whether I had sold the sacks—I told him, "No"—he asked me what was the reason that I did not sell them—I told him being marked bags no one would buy them—he did not say anything after that—J saw him on the following morning, about half past 8 o'clock; he asked me where the sacks were—I told him that they laid under the manger—he asked me for a knife, and I told him I had not got one—he asked me where the knife was that was lying on the cupboard—I told him that I had lost it—he told me to go down Lansdown-place, and borrow one—I told him that I had borrowed one the day before, and broke it, and they would not lend me another—he then said, "I tell you what I will do with you; I will give you them bags; you can have them yourself only on one condition, that you take and cut the names out"—he told me to be sure to do it, and burn them, or bury them, or do anything with them so long as I made away with them, and the rest part of the property I was to have for myself, and what I got I was to keep, and when I had sold them I was to come to his lodgings and bring the keys, and tell him whether I I had made away with the sacks—it was on Monday I saw the sergeant, and on Tuesday I was on the rank with Charles Stafford's cab—I saw sergeant Goodwin, he spoke to me, and I went down with him and unlocked the door of the stable—he went up in the loft and saw those bags of hops, and likewise the things that they had to work, and those five sacks that I had; they were in the stable; I showed them to him—he saw the twenty bags, fifteen of one sort, and five of another.
Cross-examined by MR. COOPER. Q. How long did you work for Charles Stafford? A. About six weeks—I had been before that at a farrier's, in Islington; I had been with him twelve months—I left him for being late one morning; that was the only reason—before I went to the farrier's, I was at Mr. Wood's, a pie shop, at Islington; I was there when very young, on and off—I have never been in trouble myself—it was on the evening of the 26th, that Charles Stafford left the yard with the cab about 9 o'clock; it was a four-wheeled cab—he was in the habit of driving his cab—he had only one cab—I do not know that Charles Stafford had let that loft—hay and straw were usually kept in it—there was no hay and straw at that time—it was empty, all but some harness—I should not think it had been empty so long as a week—Tarling's was the place where I usually left the keys of the stable—he could get in the stable when he liked—when I went in I smelt something—I am quite sure he did not say, "Mind, they are not mine"—he said they were his after he came down—I have never said that he said they were not his property; I am quite sure of that—when I saw these hops, I mentioned it to George Rand; he was the only person—there was no other person there after that night—Tuesday was the first time the policeman mentioned it to me—I went with the sacks down Goswell-street—I was going to sell them—the marks on them were very plain for anybody to see—Charles Stafford must have seen them when he Passed them to me.
Cross-examined by MR. T. SALTEB. Q. It was on Tuesday morning your master told you to cut away the marks? A. Yes—that was the day after I gave information at the police station—it was about 8 o'clock when he told me to take them—he did not give me directions how I should take them, or put them in anything—they are old sacks—on the first occasion, I Went in the stable, and saw several bags in the loft—the next day the loft
door was open, and I Haw into the loft—I could see the bags when I was on the cab.
GEORGE RAND . I live at No. 2, Lansdown-place, Black Horse-yard—in April, I was out of work—on the evening of Friday, 27th April, I was down Black Horse-yard, between 5 and 6 o'clock; the last witness was there—we went up to Chapel-place for the keys—we came back, and opened the stable door—I said, "What a smell there is!"—we began to look about in the stable to see if there was anything that did smell—we went up in the loft, and saw a lot of bags; pockets of hops—they were like these—they were marked, "C. & F. Leny, Wateringbury, Kent"—we came down—Smith began to clean the harness—I was standing in the yard—Charles Stafford came down the yard, and Smith said to him, "Charles, there was such a smell when I opened the door; it almost made me boozey"—Charles Stafford said, "What was it?" he said, "A lot of bags," and Charles called Mm into the stable; I do not know what he said to him; he whispered something—Smith then finished cleaning the cab, and took it away—on the next day, Saturday, I was in the stable, and saw the hope in the loft—on the Monday, I was in the yard about 4 o'clock, and William Stafford came down the yard with a rough cap and a hairy dog—he said to me, "Do you know where young Shakespeare is; the chap that does Charles Stafford off'?"—I said, "I think he is gone to get his tea"—I came into the yard again between 7 and 6 o'clock—I heard a noise in the loft; a shifting about—I saw Charles Stafford again—Smith was then cleaning the harness—I went into the yard, and I heard Charles Stafford tell Smith to sell some bags—I did not hear him say where he was to sell them—I was going that evening with Smith down Goswell-road with the bags—we met Charles Fox—we brought the bags back to the stable, and pat them under the manger—I went with Smith to the police station, and told them something.
Cross-examined by MR. COOPER Q. Yow saw in the loft? A. Yes—on Monday the door was on the jar—the other time the door was close bolted inside—when the door was ajar, a person could not see in from the ground.
Cross-examined by MR. T. SALTER. Q. How many feet was the door from the ground? A. About the height of an ordinary first floor—you cannot see in from the ground—the yard is small, a stable is on each side—it was nearly 8 o'clock when I heard Charles Stafford give directions to sell, the bags—I could not see what was in the loft, when I was on the ground.
WILLIAM SAINSBURY (police-sergeant, N 52). On the Monday after this robbery, Smith and Rand came to the station—I went to Charles Stafford's stable, I saw the pockets of hops in the loft—we took away one of the empty pockets, and took it to the prosecutors, Messrs. Randalls, who identified it—I went afterwards to the stable with Goodwin and Smith, and brought away the hops—I did not know there was a reward of 50l. offered.
BENJAMIN GOODWIN (police-sergeant, N 8). I went with the last witness to the place—what he says is true—I found this palm and this hook, which is usual for persons to have in examining pockets of hops, also this packing needle and knife—on Tuesday, 1st May, I took Charles Stafford at No. 8, Chapel-place, Pentonville—he appeared to be just washing himself and coming out—I knocked at the door, and he was denied—I said, "No nonsense; I am sure he is in"—I got in the door, and called a brother officer—I felt about the passage—it was dark—I found Charles Stafford standing in a recess at the foot of the stairs—I secured him, and said to him, "What made you deny yourself, Charles, when you heard me call for you?"—he said, "Because I did not want to be taken to-night"—I said, "Then you know what I want you for, about the hops that are in your loft"—he said, "I
know nothing about that, I let my loft to a man living near London Bridge for a shilling a week"—I asked him who the man was, and where he lived—he said he did not know his name nor his address—I took him to the station—I was then in search of William Stafford—I was not able to find him for a fortnight or three weeks—I found him at last in the road on Pentonville-hill—I told him I wanted him—he was charged with being concerned with his brother Charles and two others, who were then in custody, for stealing twenty pockets of hops—he said, "I know nothing about them."
Cross-examined by MR. T. SALTER. Q. How far is it from where you found William Stafford to where you took Charles? A. About a quarter of a mile—I believe Charles Stafford was there, but the address on his ticket is in Hermes-street.
CHARLES VINCENT . I am a brewer, and live at No. 25, John-street I know the prisoner, William Stafford; he came to me either the latter end of April, or the beginning of May, he brought a sample of hops with him in his hat, he offered them for sale, I declined to purchase them—I asked him what hops they were—he said they came from Farnham in Kent—I told him I thought he made a mistake, as Farnham happened to be in Surrey—he then said it might be Farningham—they were hops of English growth—the grower's name is generally on the sample of hops, and I observed the words, "Bees wax" there—I declined to buy—he put the sample where he took it from, in his hat, and went away.
Cross-examined by MR. T. SALTER. Q. Where was this? A. In the brewery yard—I think he asked 17s. for them—I inferred that that was per cwt—that was a fair price for them.
MR. CLARKSON to JOHN GAY. Q. Do you remember when the hops were brought to your warehouse from the police station that there was the mark of a sample having been drawn? A. Yes; two samples had been taken from one bag—they had not been taken from the usual place, where we generally draw them.
COURT. Q. If they were shifting the hops from one bag to another, would there be any difficulty in taking a sample then? A. No; they could take that at the same time—these samples ware taken from one of the old bags.
Witnesses to character.
JOHN HATWELL . I have known Charles Stafford all his life—he has always been a very hard working and industrious young man, and borne a good character for honesty—I have known William Stafford ever since he was born—he has always borne a good character—he lives with his father, who is a cow keeper—he does not carry on business for himself.
Cross-examined by MR. CLARKSON. Q. Do you mean to say that you do not know that William Stafford has been in custody before? A. Yes, I know he has, but then he was innocent—I know he was taken before a Magistrate, charged with stealing a watch—I do not know that he has been in custody for other charges.
MR. SALTER. Q. Do you know that he was acquitted? A. Yes.
ROBERT HATWELL . I am a cow keeper. I have known both the prisoners ever since they were born—Charles has always borne a good character for honesty—I was in the Court at the time William was tried—I heard the charge, for buying the ticket of a watch—the case never went to the Jury—it was opened by one of the learned gentlemen—Justice Maule was presiding—the witnesses against him were never called—I gave him a character.
(John Charles Thompson, a veterinary sturgeon; John Andrews, 'a cow
keeper; and John Thomas Barnes, a burner, gave each of the prisoners a good character; and George Thompson, a tailor, gave Charles Stafford a good character.)
Charles Stafford. I told the constable the name of the person I let the loft to.
WILLIAM STAFFORD— GUILTY of Stealing. Aged 27.
CHARLES STAFFORD— GUILTY of Receiving. Aged 21.
Transported for Fourteen Years .
ADJOURNED TO MONDAY, 20TH AUGUST.