CENTRAL CRIMINAL COURT.
MOON, MAYOR. TENTH 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, August 20th. 1855.
PRESENT—The Right Hon. the LORD MAYOR; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. RECORDER; Mr. Ald. SALOMONS; Sir ROBERT WALTER CARDEN, Knt. Ald.; Mr. ALD. FINNIS; and Mr. Ald. CUBTTT.
Before Mr. Recorder and the First Jury.
MR. HORRY conducted the Prosecution.
PETER M'PHAIL . I am the agent of William M'Kenzie, of Glasgow, and carry on business as a publisher at No. 22, Paternoster-row. On 27th June the prisoner called on me; he stated that he had been with our Liverpool agent, travelling for him in Birmingham, last year, for about, two months; that he had been very successful during that time, he had been drawing 4l. or 5l. a week as commission, and that he merely gave up our agency then to take to a permanent agency; and he relinquished that as business was rather slack at the time—he anted me if I would give him a specimen of the same work for which he canvassed in Birmingham—I did so—it was the "Imperial Journal of Arts, Sciences, Mechanics, and Engineering"—he then went away, taking it with him, and next day, returned with the same list which I had given him, with six names and addresses on it—he said that they were subscribers who he had got to the work, and that they were the signatures of the parties, with the exception of one, Gunning and Quarrell—he asked me if I would advance him a sovereign upon them, and believing his representation that the signatures were genuine, I did so—on the 29th he called on me, and said that he had got seven more signatures—I made inquiries, and in consequence of what I learned, I gave him in custody on 14th July—I found that the names were all fictitious.
Cross-examined by MR. RIBTON. Q. You engaged the prisoner as a canvasser?
A. Yes—I never had any other transaction with him—I mean to say that he said that these were the signatures of the parties—he has been three or four years in the trade from what I have heard.
PETER HARWOOD . I am clerk and warehouseman to Mr. Brock, of No. 32, King-street, Cheapside, and know his writing. To the best of my belief the signature in this book is not his—he has had the cholera, and is not able to attend—he is in Berkshire.
Cross-examined. Q. When did you last see him? A. On Friday, when he left London; he was then very weak, and scarcely able to bear himself.
THOMAS TAYLOR . I am clerk to Andrew Jukes Worthington, of No. 8, King-street, Cheapside; he resides in Staffordshire. He was not in town on 27th or 28th June—he only comes to town about three times a year, for about a week—I gave no order to the prisoner for a copy of the "Imperial Journal of Arts and Sciences"—I know my master's signature very well; the name of Worthington in this list is not his writing—there is no other person of that name in the office.
Cross-examined. Q. Is it at all like his writing? A. No.
GUILTY . Aged 38.—(City policeman. 343, deposed to the prisoner having also been convicted of obtaining money by false pretences in Feb. last, and sentenced to three months' imprisonment.)— Confined Twelve Months.
PLEADED GUILTY , and received a good character. Aged 21.— Confined Two Months.
732. WILLIAM ROBINSON , stealing, on 14th July, 1 saccharometer, value 3l.; the goods of James Thorn and another: also. on 23rd July, 1 saccharometer, value 5l. 5s.; the goods of Edmond Sexton Pery Calvert and others: to which he
PLEADED GUILTY . Aged 47.— Confined Three Months on the first indictment, and Six Weeks on the second.
NEW COURT.—Monday, August 20th. 1855.
PRESENT—Mr. Ald. FINNIS; Mr. Ald. CUBITT; and RUSSELLGURNEY, Esq.
Before Russell Gurney, Esq., and the Fifth Jury.
PLEADED GUILTY. Aged 14.— Judgment Respited.
had not one; I had a phaeton—he said that would do—he stated he wanted it to go to Baling, and he would return it at 8 o'clock that evening—he was to pay 16s.—I let him have a horse, a phaeton, and harness—the value of them was forty guineas, or more—he did not return—when he came he had moustachios—I was to send the phaeton to Stanhope-gate—he gave his name, "George Bingham, Esq. Lodge, Bromley, Kent."
THOMAS DIBBIN . I went to Stanhope-gate with the hone and chaise—I saw the prisoner, and gave them to him—I asked for 16s. for the horse and chaise—he said, "I will pay your master in the evening; I will send it by ray servant."
Prisoner. I said, "By a man." Witness. No; you said, by your servant.
CHARLES SMITH . I am a gentleman's servant; I was not servant to the prisoner, only at the time he engaged me. I was walking along Oxford-street on the day the last witness brought the chaise—the prisoner came and asked me if I was on a job—I said, "No"—he said he could put me on a job for the day; he wished me to go to Uxbridge with him—he said he was going with a chaise, and he told me to meet him at Stanhope-gate—I was there at 10 o'clock—he came about half past 10 o'clock—the man came with the phaeton—the prisoner got in, and told me to get behind, which I did—we went to Uxbridge, and put up, and he told me he was going to sell the horse and chaise—I was sitting there, and heard him offer the horse and chaise to some persons at Uxbridge—when I first saw the prisoner he had got a moustachio; but after the man had brought the horse and chaise, the prisoner got up and pulled the moustachio off.
Prisoner. Q. Did you hear me say anything about the 16s.? A. I heard you say you would send down the 16s.—you said your father did not do what was right, and you wanted to sell the horse and chaise, and, if you sold them at Uxbridge, you should be on the way to go abroad.
WILLIAM TAMEWELL . I am inspector of police at Uxbridge. I saw the prisoner there on 2nd August—he had a horse with him—he was offering it for sale to a man, named George Littlepole, whom I knew to be a house dealer—he went into the stable at the White Hone, and he came out, shook the chaise, and said, "The chaise is worth the money"—Littlepole said, "I will give you 20l. for it"—the prisoner said, "No; there is a gentleman has offered me 25l.; if you will give me 25l. you shall have it"—I asked him where he got it, and what his name was—he said, "George Bingham, Esq., Lodge, Bromley"—I said I did not believe him—he said it was his brother's horse and chaise, who was a laceman, at No. 133, Fleet street—he afterwards said that was not his name, but he should not give the proper name—he wrote the name of George Bingham on a card—he said, "I hired the horse and chaise in Hayes'-mews, near Mount-street, but I intended to take it back again—I gave him a card, which I wrote myself "George Bingham, Esq., Lodge Bromley, Kent"—I found on the prisoner some papers and a false moustachio—he said, "The reason I wanted to sell the horse and chaise was to get the money, to go to Scotland with my wife."
Prisoner. It was on the day previous that my wife and I were talking about going to Scotland; I did not say I wanted to go to Scotland. Witness. Yes, you did.
RICHARD ROADKNIGHT , (police sergeant, T 11). I took the horse and chaise into custody—I made inquiry in Fleet-street—there is no No. 133; 1 went to Hayes Mews, and could not find any one there—I found the prosecutor in Grosvenor-mews.
Prisoner. You objected to my coming back to London to see the owner Witness. You were then in custody.
Prisoner's Defence. I am the son of an innkeeper, and have held an inn myself for three years, in Essex; having on 1st Aug. received instructions respecting an inn at Uxbridge, I went to witness on 2nd Aug. to engage a horse and gig; he asked if the chaise would do; I said, "Yes;" I engaged it for 16s.; when I arrived at the White Hart, Uxbridge, I was standing in the stable; a gentleman passed a remark on the weather, and he said, "You have a thorough bred horse there?" I said, "Yes, I think he is;" he asked the price; he said, "Is it 100 guineas for him and the chaise?" I laughed and said, "I don't think the owner would mind receiving such an offer;" a short time after a dealer came in the yard, it being market day, and some of them sent the young man whom I took with me, into the house for me; I went out, and the dealer called me into the stable, and said, "Are you inclined to sell the horse and chaise?" I said, "Certainly not, it is not mine to sell;" he said, "Excuse me;" I laughed, and said, "It is granted;" I was about to order the horse to be put in the chaise, and the dealer came a second time, followed by the inspector; he said, "Let us see the horse walk up the yard," and to gratify his curiosity, as I thought, I led it across the yard; he said, "I have just sold my two horses, if you like to take twenty guineas, here is the money;" I repeatedly refused it, and told him that we could not deal; I might have said I would take twenty-five, thinking he was still joking; the inspector then came forward, and I believe I gave him some very indirect answers to his inquiries, believing him to be one amongst them, not knowing he was an inspector, which caused him at once to detain me, and before I could be allowed to tell him all about it, the superintendent was sent off to London to inquire where the horse came from; this is the first offence I was ever charged with in my life.
GUILTY . Aged 25.— Confined Nine Months.
PLEADED GUILTY .* Aged 66.— Confined Six Months.
736. JOHN WILLIAMS, OSMOND REDWOOD , and WILLIAM NEALE , burglariously breaking and entering the dwelling house of Mary Hodges, and stealing therein 5 cigars, 1 thimble, and 2l. 12s. 5 1/2 d. in money; her property: to which
WILLIAMS PLEADED GUILTY .* Aged 17.— Confined Twelve Month.
GEORGE JERROME (policeman, D 295). I was on duty on 22nd June—I saw all the three prisoners about a quarter past 2 o'clock in the morning—they saw me, and they ran through Stevens's-passage into William-street, and then to Devonshire-street—I called, "Stop thief!" and Williams was stopped by a brother officer—the other two prisoners were taken by two other officers—I found on Williams this screw driver and iron chisel, 10s. in coppers, some silver, this thimble, and two cigars.
Redwood. I was not there. Witness. Yes, I knew him before, and Neale also.
Neale. Q. When did you know me? A. I knew your father, that was how I knew you.
PETER HOBBS (policeman, D 261). On the morning of 22nd June 1 heard a cry of "Stop thief!" and saw the three prisoners coming up William-street—I am sure they are the persons—I knew them all before—I took Williams, and when my brother officer came up, I gave Williams into his custody—I ran and took Neale opposite to a house, No. 15—he had a little cigar in his mouth—he took it out of his mouth, and threw it in the passage, and in the passage I found three cigars.
Neale. Q. You took me away, and might not anybody else have thrown the cignrs there? A. I took you away, and then came back and found the cigars in the passage—I saw you throw something there.
THOMAS SAVORY (policeman, D 93). I heard a cry of "Stop thief!" as I was on duty in Union-street, and I saw the three prisoners; they saw me, and ran down George-street; I ran after them—I lost sight of them—two brother officers brought Williams and Neale—I waited, and Redwood came back, and I took him—he said, "I know nothing about it; I have just come from Highgate."
Redwood. Q. Did I run? A. Yes; I saw You with the others, and as goon as you saw me you all ran—I was not twenty-live yards from you.
MARY ANN STEVENSON . I live at No. 17, Star-street, Edgware-road—I am the wife of Michael Stevenson—we live, with my mother, Mary Hodges—she keeps the house—it is in the parish of Paddington. On the night of 21st June, I closed the house myself; the shop door and all the other doors—I went to bed about 12 o'clock—I was disturbed in the night at a little after 1 o'clock—I sat up in bed, and supposed it was the cat making a noise—I went to sleep again—I went down about 7 o'clock in the mornnig—I found the place was in disturbance, and it had been ransacked—gome one had got in by the shutter box, which had been wrenched open—I missed two sovereigns, some silver, some copper money, some cigars, and my thimble; this is it—I saw all the three prisoners round about the place about a fortnight previous to the robbery—I noticed them, and can swear they are the persons.
WILLIAM GLENISTER (police-sergeant, D 3). On the morning of 22nd June, Mrs. Stevenson came to our station and said she missed more than there was there—I had the prisoner brought up again, and two sovereigns were found in Williams's left shoe—when I had read the charge to the prisoners, Redwood said he knew nothing about it; he had been at Highgate to see his aunt—the next morning when I brought them from the cells, he said he had been to Highgate—I examined the prosecutrix's premises, No, 17, Star-street, and found an entrance had been made by wrenching open the shutter box—this screw driver fitted the marks exactly, and there were marks of white paint on the screw driver, the same as there was on the shutter box.
HENRY FOWLER . I live at No. 16, Star-street, Paddington—I saw the prisoners between 12 and 1 o'clock at night, of 21st June, as I was going home—they were all three together, hiding in a doorway, two doors from the prosecutrix's—I went to the door and pulled them all three out—I asked them what they wanted there; they swore at me—I went to look for a constable, but could not find one, and I went in doors.
Redwood's Defence. I was not there at all; I was at my aunt's.
Neale's Defence. I was at my brother's, waiting till he came home; I was minding the child; when he came I was coming home, and the policeman took me.
REDWOOD— GUILTY .* Aged 17.
NEALE— GUILTY . Aged 17.
Confined Twelve Months.
MR. SLEIGH conducted the Prosecution.
On Thursday morning, 5th July, I was passing through Earl-street, about ten minutes before 7 o'clock—I know Messrs. Smith and Son's carts; they are all painted with their name, and are well known—I saw one of their carts; it obstructed the pavement I was going to cross; it ran on the path—Pascoe was driving it—when I came up he was not on the box, he was behind the cart, and some Times newspapers were sliding out—I saw Russell there—both the prisoners had got hold of the papers—Russell took two doubles, and doubled them short, and ran down Earl-street—Pascoe got on the box and drove off—I had business in Paternoster-row; I went there, and in about five minutes I saw Russell again, and he had no Times—I felt it my duty to make a communication to Messrs. Smith—I saw the bag that Russell had; it was an ordinary book bag or collecting bag—I could not swear to it—there are plenty in the trade like it.
Cross-examined by MR. MEW. Q. Who saw this beside yourself? A. There was a gentleman. named Stimpson, a butcher—he is not here—I did not see any policeman—this took place at the corner of Earl-street, just in Earl-street—I had to cross there to go to Paternoster-row—Mr. Stimpson lives at Wandsworth—I have known Russell these ten years.
JOHN WEST (police sergeant, L 25). In consequence of instructions, I went on Saturday morning, 7th July, in plain clothes to William-street, Union-street, Blackfriars—about half past 6 o'clock, I saw Pascoe at the corner of Earl-street; he was driving one of Messrs. Smith's carts, with the door opening behind—as he was driving it through Earl-street I saw Russell, and Pascoe raised himself up in the cart and beckoned with his head two or three times to Russell—Russell followed the cart down Bridge-street as far as Tudor-street—the cart turned down Tudor-street; Russell crossed to go after it—I lost sight of the cart—in a minute or two, I saw Russell sitting on the step of a door in Bridge-street, close to William-street; he was sitting on a bundle of papers—he sat so as to conceal them—you could not see it was a bundle of papers, unless you were aware there was something—continued to sit there—I watched him for twenty minutes or half an hour; I then went up to him, and said, "You have got the Times up early this morning"—he said he was always employed in that way every morning, and he had 1s. 6d. for doing so—I asked him what he meant by being employed in that way—he said he was employed by the person who drove the cart to take care of the papers till another person came and fetched them away—I took him to the station house, and went on to Messrs. Smith's—I there apprehended Pascoe, who had just come in when I got there—I said I took him into custody for robbing his master—he said he knew nothing about it, I had better wait to see his master—I told him Mr. Smith was aware of it—I found on him a purse containing 8s. 10d. and the regular key of the cart.
Cross-examined by MR. MEW. Q. Where did you first see the cart? A. In Earl-street—I saw it from the time it came out of Water-lane till it turned down Tudor-street—I did not see the cart stop in Earl-street.
WILLIAM FRANKLIN (policeman, L 72). On the morning of 7th July I was in plain clothes, watching the prisoners proceedings—I was with West—I saw Pascoe driving the cart—when I got into Tudor-street, I saw the cart standing still, and Russell was near the cart, putting two bundles of papers on his shoulder—Pascoe said something to him, and Russell walked on to Bridge-street—I followed him—he threw the papers down on the step of a door, and sat upon them—my brother officer came up, and we waited about half an hour, and as no person came we took him to the station in
Fleet-street—I saw my brother officer search Russell, and he found this key on him; it will open the back door of the cart which Pascoe was driving, or any other cart belonging to Messrs. Smith.
Cross-examined by MR. PAYNE. Q. This will open any lock that has a four square pipe? A. Yes.
JAMES MONGER . I am in the employ of "William Henry Smith and Son. It is a part of my duty to go every morning to the Times office to regulate the delivery of papers to their carmen—I deliver a certain number to each carman, which he takes to the Strand—on 5th July I delivered fifty doubles of the Times to Pascoe, which he was to deliver at Messrs. Smith's shop—it was no part of his duty to deliver them at any other place, or to any one else—on Saturday morning, the 7th, I was at the Times office a few minutes after 6 o'clock—I delivered thirty doubles of papers to Pascoe at 20 minutes past 6 o'clock—a double contains fifty-four papers—one of these keys (looking at one) is furnished by Mr. Smith to all his drivers to open the cart—this other key is not Mr. Smith's; he never had such a key as this—Messrs. Smith and Son have the exclusive sale of the Times till 7 o'clock in the morning—we generally take about 26,000 copies; we send them by the mails.
THOMAS BOWDLER SHARP . I am superintendent to Messrs. Smith and Son. In consequence of information on the morning of the 7th July, I counted the papers which were taken from Pascoe; I saw them taken direct from the cart, and counted them without losing sight of them—there were twenty-eight doubles—I found thirty doubles had been delivered to him; there was a deficiency of two doubles—I sent him back to the Times office again, and when he came back the second time he was taken into custody.
Cross-examined by MR. MEW. Q. Is this key one of yours? A. No. (Pascoe received a good character.)
PASCOE— GUILTY . Aged 21.— Confined Twelve Months.
RUSSELL— GUILTY . Aged 26.— Confined Six Months.
SARAH ALFORD . I am a widow, and live in Lambeth. On the afternoon of 20th July I was in New Bridge-street—I saw the prisoner and two other persons—I saw the prisoner take a gentleman's handkerchief out of his pocket and run across the road—I mentioned it to the gentleman, and saw him pursue the prisoner—it was a handkerchief similar to this one (looking at it).
Prisoner. I never saw that handkerchief before.
WILLIAM COLES DUTTON . I live in Upper Woburn-place. On 20th July I was in New Bridge-street—I received information from the last witness—I saw the prisoner—I did lose sight of him for a minute—I got sight of him again—I saw it was the same person.
FRANCIS REAVEY (City policeman. 362). I took the prisoner—this handkerchief was given to me by another man who saw the prisoner throw it down—I saw the prisoner run through Hughes-court into Bristow-street—this handkerchief was found in a corner in Bristow-street—it was picked up and given to me—I did not see the prisoner throw it down, or see it picked up.
Prisoner. Q. Did not a young boy give you the handkerchief? A. No a man stopped you, and gave the handkerchief into my hand.
saw the handkerchief taken—the prisoner wag brought to me in two or three minutes afterwards—I am sure the prisoner is the person who took the handkerchief.
GUILTY .** Aged 21.— Confined Twelve Months.
CHARLES EVERETT . I am a newspaper agent in Old Broad-street I locked up my office about 9 o'clock in the evening on 13th July—the prisoner was in my service two years and a half ago—when I got to the office about half-past 10 o'clock the next morning, I discovered the drawers had been broken open—I had left my cash box the night before in my desk, which was locked—there was about 2l. in cash in the cash box, and two post office orders for 1l. 16s. and 3l. 12s.—these are them (produced)—there was a gold chain, a gold pencil case, and a gold key—they were all missing the next day, and this scarf, this waistcoat, and this concertina—they were all safe when I left the night before.
RICHARD SMITH . I am a tobacconist, and live in Middleton-street—the prisoner lodged with me—he left a portmanteau in my premises—about 15th July I saw him take this waistcoat and this scarf out of the portmanteau and put them on—I produced the same portmanteau to the policeman.
Prisoner's Defence. I had it given me to dispose of.
GUILTY . Aged 20.— Confined Twelve Months.
OLD COURT.—Tuesday, August 21st. 1855. PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. RECORDER; and Mr. Ald. CUBITT,
Before Mr. Recorder and the Second Jury.
PLEADED GUILTY .*† Aged 16.— Confined Twelve Months.
PLEADED GUILTY. Aged 37.—Strongly recommended to mercy by the prosecutor.— Confined Six Months.
MR. CLARKSON conducted the Prosecution.
WILLIAM EDROFF . I am a musician, and live at No. 12, Fallow-street North, Kingsland-road. About 20 minutes past 12 o'clock, on Monday night, 2nd July, I was at the Eagle Tavern, in front of the bar—I had an umbrella under my arm—while putting my hand into my pocket to pay for something, I observed the prisoner Jones taking my watch; he put his hand into my left waistcoat pocket, and took it—it was fastened with the Albert chain, which I have on now—I felt the chain hanging down without the watch—I said to Jones, "I think you have got my watch;" he said, "I have got nothing of the kind"—I seized him by the arm—he struggled to get away, went on the opposite side of the bar, out at the door, and ran across the road—I went after him, shouting, "Stop thief!" and he was stopped by a waterman and a policeman—it was an old fashioned silver hunting watch, double cased. I have never seen it since—I did not see Jones with it; he had his hand clenched, and there was a crowd of people in front of the bar.
Cross-examined by MR. SLEIGH. Q. Do you mean to tell me that you saw him stopped by anybody? A. Yes; he was brought back to the Eagle—I did not see him caught; there was a cab between us, and he got under it, but I saw the policeman bring him back—I was not far from him when he was stopped—I had not ceased my professional duties more than ten minutes when this occurred—I had been performing at the Eagle—I was in company with a person named Hurst, who I believe is here—I was not in company with any females, but there were several there—there were fifty men and women round the bar—I might, perhaps, have been a yard from the bar; there were people before and behind, and on each side of me.
MR. CLARKSON. Q. How far were you from Jones when you first saw him in the hands of the police, or the waterman? A. About as far as I am from you; there were some cabs between us—I had lost sight of him perhaps a second; he was running, and I saw him go between the horses' heads.
ROLAND HURST . I am a brass finisher, of No. 18, Gloucester-terrace, Whitechapel. I was in Mr. Edroff's company, at the bar of the Eagle Tavern, in conversation with him—the moment we got in, Jones rushed up to Mr. Edroff, took his watch out of his pocket, and then rushed past me towards the prisoner Roberts—he passed something to him, and he turned round to some females who were there—I did not see him take the watch—I rushed up to Roberts, who was standing at the end of the bar, about three yards from Mr. Edroff—I thought I saw something like a silver watch pass from the shorter prisoner to the taller one.
Cross-examined by MR. SLEIGH. Q. When Mr. Edroff said that he had lost his watch, and charged a person next him with stealing it, did not you hear that person indignantly deny having anything to do with the robbery? A. No; I did not hear him say anything; I was about three or four yards away—there were fifty or sixty people there, men and women, all carousing together round the bar, and drinking—I do not think that there were
people between me and Edroff—it is a very large bar—I will not swear that there was not a space of three or four yards between me and the forty or fifty people in front of the bar—I should not like to be too positive that I saw something in Jones's hand; I did not see anything distinctly—I cannot swear positively that I saw the watch in his hand.
MR. CLARKSON. Q. Are you able to tell whether, when you saw the hand of Jones, it contained anything, or whether it was empty? A. It contained something, because I saw him pass something to the other—his hand was closed, so that I could not distinguish what it was; there was something in it, but I saw nothing but his hand—he passed up to the tall prisoner, who appeared to me to turn round to seven or eight women who were at the door, and the short one ran out at the door—I could not see what the tall prisoner handed to the females—I kept him in sight till a policeman came, and told him I believed that he had got the watch, and he was taken into custody—he said that he had not got it, or had not had it.
WILLIAM POINTER (N 364). I was about twenty yards from the Eagle Tavern, heard a cry of "Stop thief!" and ran after the prisoner, who was running in the direction of the City-road, from the Eagle Tavern—he was about five yards from the Eagle when I first saw him—Edroff was running after him, hallooing, "Stop thief!" he was stopped by the waterman at the cab stand, and I took him into custody—he said, "You fool, what did you catch hold of me for? I was running after the thief"—I said, "You are the man, I never lost sight of you"—the other prisoner was taken by another constable who is not bound over—I did not see him taken, bat I saw him shortly afterwards—I went back to the Eagle, and he was identified by the prosecutor.
Cross-examined by MR. SLEIGH. Q. Did not the prisoner indignantly deny the charge? A. He did deny it—I could see the door of the Eagle Tavern when I took the prisoner—if other persons besides Mr. Edroff were running, they must have run behind me—at the time I took the prisoner several persons immediately ran up, besides Mr. Edroff.
COURT. Q. You took Jones back to the Eagle Tavern, did you find Roberts there? A. No; I did not see him till I got to the station.
COURT to WILLIAM EDROFF. After you came back from pursuing Jones, did you see Roberts taken into custody? A. Yes, at the bar of the Eagle Tavern; he still remained at the bar after I came back—I had not been out of the bar more than three minutes—I believe another policeman came in with Pointer—when I came back and found Roberts still at the bar, Hurst said that he thought Roberts had the watch, and I gave him into custody to a policeman—the swivel of my guard was broken; I had seen my watch safe about a second before—I saw Jones's hand in my waistcoat pocket.
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
FREDERICK JAMES PYLE . I am a stationer, of No. 1, Huggin-lane, Bread-street, Cheapside. On Monday, 26th March, about 11 o'clock in the morning, I had been to King's-cross on business, and was going home—I went to a public house in Southampton-street, Pentonville, and called for a pint of stout—the prisoner was playing at skittles there with another man, not in custody—he is very much altered now—he was dressed like an ostler with kerseymere trowsers, a cap, and lace-up boots—I took my porter at
the bar, but went to the back of the house, for a necessary purpose, close to the skittle ground—the door was open, and the prisoner, who was in the skittle saloon, said that I was a, d——d shabby humbug, and was afraid to play for a pot of beer—I said that I was not, so long as they played fair—I went in, and played with him for 6d. and won it—I went on playing with the prisoner for twenty or twenty-five minutes, and lost 3s. 6d.—I attempted to go out for a necessary purpose, went to the door by which I had entered the ground, and found it locked and bolted, and the key taken away—before I could ask for an explanation, Jones came and kicked me on the lower part of my person behind, lifted me off my feet, and I fell on my back, and be and the other man rifled my pockets of ten sovereigns, and 10s. in silver, which were quite safe when I went into the house—I had no communication with any other person, and spoke to no one but the landlord—I felt my money safe when I was in the skittle ground—it was loose in my waistcoat pocket; the gold in one pocket, and the silver in the other—my head was cut open—I was rendered insensible, and knew no more till I found myself at home—the name of the house, I believe, is the Robin Hood—I did not touch the ten guineas in the skittle ground; what money I lost 1 took out of my trowsers pocket—I next saw the prisoner on 3rd July, when he came in front of the Eagle Tavern bar, on the night of the occurrence in the last case—I recognized him immediately, and meant to have secured him, but did not want to lose sight of him by going for a policeman; but I charged him that night, when Mr. Edroff charged him—Pointer was there then.
Cross-examined by MR. SLEIGH. Q. You are rather an expert skittle player, are you not? A. No, I never played but two games in my life before, I played with the prisoner—I have charged parties with robbing me outside before, but not in a skittle ground—I charged a man with robbing me outside a skittle ground, and took him before Mr. Tyrwhitt, at Clerkenwell; the man went with me to buy this gold watch—it was not last month, but this—I was examined on oath before the Magistrate—I was all alone, and had nobody to testify on my behalf—I declared to the Magistrate that the man I charged had robbed me—the man is out on bail—I have got to appear to-day; he was remanded from last Tuesday—the Magistrate did not say that I ought to be indicted for perjury—I was at home the whole of the night before this; not at any public house, nor on that day—I had not been engaged in betting on horse racing or skittles—I very seldom bet—I may have betted once or twice, or three or four times—I had not that morning been in a public house in that neighbourhood, and betted on a game—I played the game; I could not bet—I played for money and for drink—I think I am now certain that the name of the public house was the Robin Hood—the landlord served me, I suppose—I suppose he is one who was in connection with the others—there was nobody in front of or behind the bar, except the landlord—I was before the bar, but nobody else—a passage leads directly from the bar to the skittle ground—I will not say whether the door communicating with it is glazed or not—the door of the skittle ground does not adjoin the passage; you have to go down two or three steps—there is a side door at the end of six or eight yards, then you come to twosteps, and then there is a small room, with the skittle saloon covered over from the sky—I had been playing twenty-five minutes, or it might be half an hour—there were only three of us—the landlord, as I supposed him to be, brought out the beer—we had been playing five or ten
minutes when he first brought out the drink, and I do not think five or ten minutes elapsed before the act was committed—a second quantity of liquor was brought out, perhaps six or seven minutes after the first—I do not think we had more than two quantities, but we might have had three—each quantity was brought by the same person; he came through the same door on each occasion—I do not think I had ever seen the prisoner before; I will not swear; and I never saw him again till the night when Mr. Edroff's watch was stolen—when Jones kicked me, I called out and made a noise—I only had one kick—I did not submit quietly; I called for assistance—the Robin Hood is in a row of houses in Southampton-street and, I believe, there are yards on each side—my father says that I came home in a cab—I do not know who directed me to be taken home—we have had the landlord of the Robin Hood before a Magistrate since, but he said that he knew nothing about it; he was not the man officiating as landlord when I was robbed—I have made inquiries to find him—the landlord took his oath before the Magistrate that he had kept the house seven years, and knew no such person—I mentioned this robbery to several police officers, who came into my father's shop, but did not give information of it at the station houses in the neighbourhood.
MR. CLARKSON. Q. What quantity did you drink at the Robin Hood that morning? A. A pint and a half, or a pot altogether—I had a pint in front of the bar—I was sober when I came to the ground—I do not know whether the landlord who appeared before the Magistrate is now the landlord of the public house, or whether he lives in the house now—I have played at skittles six or seven times within the last two or three years, and have lost sixpence or a shilling, not more—Pointer was present at the station when I mentioned the circumstances.
COURT. Q. Where had you got the ten guineas? A. It was my own money—I had been out collecting money for my father, but this was my own hard earnings—I carried it out with me that morning; I generally carry eight or ten pounds in my pocket to give change in my father's business—I came to myself at home at 10 or 11 o'clock at night, I think—I spoke to the police when they came into my father's shop, but I did not go to the station that night to give information—I did not tell my father: I kept it secret up to the last three weeks.
(The COURT considered that this witness's evidence could not be relied upon.)
NOT GUILTY .
PEARSON PLEADED GUILTY . Aged 17.— Confined Four Months.
MR. HURRELL conducted the Prosecution.
JAMES JURY . I am an auctioneer and surveyor, of Coleman-street, City. Pearson was in my employ as an under clerk for about seventeen months; he left in April last—I had him from the service of Messrs. Hammond, of Chancery-lane, and had a very satisfactory character with him—on 16th June last I examined my strong room, and found that a quantity of plate was lost—I have a list of the articles (reading it); the value of it is from 55l. to 60l.—among the rest there was a sugar basket—when that was produced at the Guildhall before the Magistrate, there was a piece of silver upon it, which has since been removed; it was placed just over the initials
J. A. P.; it had not that piece of silver upon it when it was in our possession, the silversmith put it on, in order to get a better price for it—this receipt (produced) is in Pearson's writing.
HENRY WEBB . I am a detective officer of the City police. In consequence of information I received, I went to Mr. Hammond's, in Chanceryane—I saw Crawford there, he is in Mr. Hammond's employment—he was not there when I got there; Mr. Eylett, a partner of Mr. Hammond, sent for him, and he came—I asked him if his name was Crawford—he said, "Yes"—I said, "I understand you have been in the country, on a country jaunt?"—he said he had—I then told him I was an officer, and asked if he knew a person of the name of John Pearson, that used to be in Mr. Hammend's employ—he said yes, he did—I asked him if he had had any transactions with him upon his own account—he said, "No, I have not"—I then told him that Pearson was in custody, and asked him if he had ever bought any plate of him—he said, "No, I believe my wife did"—I said, "Bid he give you any receipts?"—he said, "Yes, I think he did"—we then went to Crawford's lodging, No. 12, Serle's-place, Lincoln's Inn-fields—Crawford went down stairs into the kitchen with a brother officer named Huggett, and came up with these three receipts in his hand—Crawford then said that he remembered the first time that Pearson came to him was at Mr. Hammond's office one evening, after the office was closed, that he asked him if he would buy any plate, which he said belonged to an old lady who was in distress—he remembered one piece of the plate being a coffee pot, and not having much money that night, he advanced Pearson some money upon it; he did not say what amount—he said that after his wife had sold the plate next day, he paid Pearson the rest of the money—he did not say what it was, he said he could not remember the amount—he said his wife had sold the plate somewhere in Long-acre, and he said he would go with us and show us the place—he took us to Mr. Sutcliff, a refiner, in Long-acre—Mr. Sutcliff produced his books, and the name and address of Mrs. Crawford was there—it was her own name, and the address of the house where they were living—Crawford said he thought he had 7l. or 8l. for himself; he could not remember the amount he had paid—when we were at Mr. Sutcliff's, the account in the books did not agree with the receipts which Crawford had given me; Crawford could not remember then how it was that the receipts Pearson had given him did not tally with Mr. Sutcliff's book; but next morning, when I took him from Moor-lane to Guildhall, he said, "I now remember respecting the receipt for 19l.; I remember a man named Garrett having some spoons or forks, "he did not know which—he thought they were sold at Mr. Sirrell's, in Barbican, for about 5l. but he could not recollect the amount exactly; and that must have been added to the money that his wife had received at Mr. Sutcliff's to make up the receipt.
Cross-examined by MR. BALLANTINE. Q. I believe when you first saw him, you asked him about having been in the country, and whether he would like to go again? A. I know I asked him whether he had been in the country; I might have asked whether he would like to go again—that was merely an introduction of myself; I had not mentioned that I was an officer at that time, it was directly after that—I did not first ask him a little about Pearson, and whether he could give Pearson a character; I asked if he knew such a person, I do not remember asking what sort of a character he was; I could not say I did not; he did not say that I had better go and ask his employer—I then told him I was an officer—I went with his to his house, and saw his wife—the wife gave the same account, without any communication
between them; there was no concealment at all on their part—his wife was very close to her confinement—they have two young children—she said they believed Pearson was in a respectable situation, and they thought his story was correct.
CRAWFORD— NOT GUILTY .
MR. CAARTEN conducted the, Prosecution.
JOSEPH ELVERT EVANS . I am a grocer, and live at Iver, Bucks. On Monday night, 13th Aug., about 9 o'clock, I called at the Bull beer shop, for orders—I had a cart with me—I left the cart outside, leaving my coat in the cart—I came out in about ten minutes or a quarter of an hour, from information, and went in pursuit of a man—about half a mile from the beer shop I came up with the prisoner, on the road to Colham-green—I went in my cart, and took Smith and Merring, two militia meu, with me—the prisoner was carrying the coat under his arm—Smith got out of the cart, stopped him, and took the coat from him, and gave it to me—I then asked the prisoner his name—he said his name was Thomas West, but when I got back I found his name was George Watts—he was known there—he said he had picked up the coat in the road—I am certain I left the coat in the cart when I went into the public house.
Cross-examined by MR. PAYNE. Q. Where was the last place you had come from with your cart? A. From Colham-green—I had not been to another beer shop—I had just come from some of my customers—I bad my little girl, five years of age, with me in the cart—I had the coat wrapped round her—I took her with me into the beer shop—I took the coat off her, and took the precaution to cover the inside of the coat, so as to keep the dew from getting to it, that the child might not catch cold—the prisoner was walking when I overtook him—he did not attempt to run away—I allowed him to go then, as I had no policeman—I went with Taylor, the policeman, next morning, and found the prisoner in bed, at his own house, at Hayes—he said he lived at Colham-green—that is about a mile from Hayes.
THOMAS SMITH . I am a private in the 5th Elthorne Militia. On Monday, 13th August, I was billeted at the Bull beer shop, in company with Merring—I saw the prisoner there for about an hour—I remember Evans coming in—the prisoner went out about ten minutes after Evans came in—I saw Evans go out—he returned again, and said he had lost his coat—I gave him some information, and I and Merring went with him, in his cart, after the prisoner—we came up with him about half a mile from the beer shop—he was carrying the coat under his left arm, and a basket—we stopped him, and took the coat away from him—he gave the name of Thomas West—he was sober.
Cross-examined. Q. Did you know his name before? A. No, but he was known at the beer shop very well—I believe he has worked for Messrs. Studs, of West Drayton Gravel pits—I live in the neighbourhood.
JOSEPH HENRY TAYLOR (policeman, T 115). I took the prisoner into custody on Tuesday morning, 13th, at his own house—I told him the nature of the charge against him—he said he knew nothing about it; he did not know anything about any coat—I produce the coat—I got it from the prosecutor that morning.
Cross-examined. Q. Do you know the prisoner? A. I have known him for the last year or two—he worked at the West Drayton Gravel-pits; I do not know for how long—it was between 6 and 7 o'clock in the morning that I went to his house—he came quietly with me.
JOSEPH ELVERT EVANS re-examined. This coat is mine, and the one I lost, and afterwards took from the prisoner—I have inquired respecting his character, and his masters give him a very good character—I did not see him in the beer shop—he was quite Sober.
GUILTY. Aged 26.—Recommended to mercy by the Jury.— Confined Two Months.
746. LOUIS DAVIDOFF , stealing 1 pen and 1 pencil case, value 30s.; and within 6 months, 24 thimbles, value 10s.: also. 1 pencil case, 1 pair of bracelets, and other articles, value 4l.: the goods of Otto Alexander Berens and another, his masters: to both which he
PLEADED GUILTY . Aged 28.— Confined Twelve Months .
747. GEORGE ROBERTS , stealing 30 reels of cotton, 2,000 needles, and other articles, value 30s.; and 208 postage stamps, and within six months 24 reels of cotton, and 66 postage stamps, value 11s. 6d.; the goods of Charles Wellborne Slee, and another, his masters: to which he
PLEADED GUILTY . Aged 16.— Confined Three Months.
748. THOMAS EVES and THOMAS WRIGHT , burglariously breaking and entering the dwelling house of William Cutting, at St. Leonard, Shoreditch, and stealing therein 1 coat, 3 shifts, 1 shawl, and other articles, value 3l. 18s.; his property: EVES having been before convicted: to which
EVES PLEADED GUILTY . Aged 19.— Four Tears' Penal Servitude.
WRIGHT PLEADED GUILTY .* Aged 20.— Confined Twelve Months.
MR. ORRIDGE conducted the Prosecution.
ROBERT TURNER , I am a draper, of No. 16, Ludgate-hill. On a Thursday in July, I think it was the 12th, the prisoner came and asked to see some mantles; I referred him to one of my assistants, Edward Stober, and in consequence of what he said I went down the street to see if I could gee a policeman; I returned with one, but the prisoner had then left—this mantle (produced) was shown to me about five minutes afterwards by a policeman, five minutes after the prisoner left; it has our private mark on it—we did not miss anything, but we saw the lace of the mantle hanging from the prisoner's coat, and it has our private mark on it—mantles which we sell never go out with the private mark on them.
EDWARD STOBER . I am assistant to Mr. Turner. On Thursday, 12th July, about a quarter to 5 o'clock the prisoner came, and I took him into the show room—I could not understand him and went for a young lady, leaving him alone in the show room—when I came back I discovered the lace of a mantle hanging about a foot below his coat—I informed Mr. Turner, and he went for a policeman—the young lady came up stairs, but she is not here—I went up to him before she came up, and then she came up and began to show him some mantles—he asked for opera mantles—when I saw the lace hanging below his coat, I went to tell Mr. Turner, leaving the young lady and the prisoner up stairs—the young lady came down, saying that she could not sell him anything—the prisoner came down and I put on my hat and followed him up the hill through St. Paul's Churchyard, and met a policeman at the corner of Watling-street—the
prisoner watched me speaking to the policeman, and turned round several times to look at me; he ran away, and when he got to the door before you get to the Cathedral Hotel he threw the mantle into the door way, and ran right across Cheapside towards the Post Office—a constable arrested him at the fishmonger's shop near the Post Office, and brought him back—as we came back we met a man like a cab man with the mantle on his arm; he gave it to the policeman, and said in the prisoner's presence that he had seen him throw it away—this is it (produced).
Prisoner. I left the house because the young lady could not understand me; it was my pocket handkerchief you saw hanging out. Witness. I am sure it was not—I did not stop you, because it was Mr. Turner's place to charge you.
WILLIAM BLEACH (City-policeman. 363). I was on duty in St. Paul's Churchyard. On Thursday, 12th July, between 5 and 6 o'clock in the evening, the last witness called my attention to the prisoner, who was on the opposite side of the way—as soon as he saw me he looked round, and ran from the corner of Watling-street to No. 45, St. Paul's Churchyard, took a mantle from under his coat and threw it up the door way of No. 45—I followed him across Cheapside, and took him just by the fish shop—I asked him what he had under his coat; he understood every word I said, and said in English, "Nothing, what do you want with me?"—I went back to where the mantle was thrown away, and received it from a cab man—the prisoner said in English, "You did not see me throw the mantle away."
Prisoner. That is not true, you have been paid to say it Witness. I have not—you also asked me to allow you to go to Mr. Turner's, to see if you could make it up.
COURT. Q. Did you tell the Magistrate that? A. No; I did not think of it—I am sure he said it—I do not understand anything but English.
JOHN ROGERSON . I am waterman at the cab stand, in St. Paul's Churchard, and live at No. 8, Fye Foot-lane, Old Fish-street—I was on the stand on Thursday, 12th July, about 5 o'clock—there was a shout of "Stop him!" and I saw the prisoner run as fast as he could, with the police after him—as he got to Mr. Newberry's, he threw something against the private door, No. 45—I went to cross the road to pick it up, but a cab man picked it u—I would not leave him till he delivered it to a policeman—it was a mantle, with lace round it like this—I kept part of it in my hand.
Prisoner's Defence. I went to the shop to buy a shawl for my throat, but the master did not understand me, but sent me up stairs, where they showed me shawls and mantles, which I did not want, and he called a lady up, who asked me what I wanted; I said, "A scarf;" she did not understand me, and I said, "I wish you good day," and left; I went to the General Post Office, and a policeman arrested me, and said in English, "This gentleman has nothing;" he made me go with him for about five minutes, and in going back I found a man who had something hanging on his arm; I do not know whether it was a coat or a mantle; I was taken back to the shop, and the gentleman said that I had stolen something; nobody saw me steal any mantle; I have been six weeks imprisoned and am innocent.
GUILTY . Aged 21.— Confined Nine Months.
NEW COURT.—Tuesday, August 21st. 1855.
PRESENT—Sir GEORGE CARROLL, Knt. Ald; Mr. Ald. FINNIS; Mr. Ald. CUBITT; and RUSSELL GURNET, Esq.
Before Russell Gurney, Esq., and the Seventh Jury.
PLEADED GUILTY . Aged 28.— Confined Six Months.
PLEADED GUILTY . Aged 39. Confined Six Months.
PLEADED GUILTY . Aged 67.— Confined Twelve Months.
PLEADED GUILTY . Aged 22.— Confined Six Months.
HARMAN PLEADED GUILTY . Aged 21.— Confined Six Months.
(No evidence was offered against Burton.)
BURTON— NOT GUILTY .
DALEY PLEADED GUILTY . Aged 19.— Confined Eighteen Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
KEZIAH TATE . My husband is a gun maker. On 28th July, I was in the Old-road, Enfield-highway, about 5 o'clock in the afternoon—I saw two men coming from Mr. Amey's shop—they went behind a sandbank, and I saw one pass something to the other man, and they talked together—the one to whom something was passed went back to Mr. Amey's shop, and remained about five minutes—he then came back up the Old-road, and he was running, and he had in his pocket a twist of bread; he went in the same direction that the other one had gone before—I afterwards saw them in custody, and I am quite sure they were the same.
ELIZABETH AMEY . I am the wife of Joseph Amey, a baker. On Saturday, 28th July, the prisoner, Daley, came in the shop, and asked for a penny loaf—I served him, and then he said how much would I charge for half a pound of bread; I said I could not make half a pound—he then took a twist and threw down a half crown; I gave him 2s. 5d. change, and he left the shop—I had taken notice of the half crown, and jinked it two or three times, and he noticed my doing so—I bit it, but the prisoner was then gone—I found it was bad—I sent for the officer, and gave it to him—I described the man, and he went after him.
BEATRICE ROBERTS . I am the wife of Richard Roberts, a grocer. On that Saturday evening, Daley came to my shop, about half past 5 o'clock; he asked for half an ounce of tobacco—I served him, and he threw down a half crown on the counter; I gave him 2s. 4(d. change—I rung the half crown twice, and looked at it, and rung it again—I put it into the till—I had a doubt about its being good—Hayes the officer came to my shop about twenty minutes afterwards, and I went to the till—I had not been to it after I put the half crown in—when I went to the till I found the half crown in it—I had four other half crowns there, but they lay at
the back, and this one was just inside—I had put it there, because I had a strong suspicion of it, and I knew if I gave it to any one, and they refused it, I should put it away—I am sure I took out the same that I received from the prisoner.
ELIZABETH SHAMBROOK . I am the wife of Thomas Shambrook, of Enfield Highway; he sells tobacco. On 28th July Daley came, about a quarter before 6 o'clock, for half an ounce of tobacco—I served him—he offered me a half crown—I gave him 2s. 4(d. in change—I laid the half crown in a drawer where I had no other—I marked it, and gave it to the policeman.
HENRY HAYES (policeman, N 342). On 28th July, about 5 o'clock in the afternoon, I was told something by Mrs. Amey, and I went down the road towards Waltham-cross, for about half a mile—I saw the prisoners ahead of me, and I watched them about 100 yards—1 then saw Daley leave, and go into Mr. Shambrook's shop, and Ford went on twenty or thirty yards, and he went into a beer shop kept by Watts—I followed him, and took him—soon afterwards, I saw Daley come out of Mr. Shambrook's shop, and he came by the beer shop; I came out, and took him also—I found 5s. 10d. on Ford, and 3s. 4(d. on Daley, and half an ounce of tobacco—I received this half crown from Amey, and this from Roberts—I have kept them separate, and put my private marks on them.
Ford's Defence. I met this prisoner in the market; he asked me to go and look at a job; I knew nothing about what he was doing.
FORD— GUILTY . Aged 18.— Confined Eighteen Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ELIZABETH MARY ANN BEDDOW . I am the wife of Francis Beddow, and live in Green-street, Mile-end New Town. On Saturday, 7th July, the prisoner came to my shop, a little after 9 o'clock in the evening; she ordered a quarter of a hundredweight of coals; they came to 4d.—my son served her and she paid me a half crown—I gave her 2s. 2d.—I put the half crown in my purse, where I had only two shillings besides—I had had four shillings, I gave the prisoner two, and had two left—in a few minutes I examined the half crown, and found it to be a bad one—I put it into a desk, and on the Thursday following I gave it to my son, and he gave it to a policeman—I had been to No. 4, George-court, which was the address the prisoner gave, and where the coals were sent, but I could not find the prisoner there.
Prisoner. I gave her a half crown with a Queen's head on it; it was a good one; I do not live half a dozen doors from her, only right across the street; she knew where I lived. Witness. I know nothing about it, except her giving that address.
Prisoner. I went to her on Sunday morning to know why she had not sent the coals, and on Monday morning. Witness. No, I never saw her again till she was in custody.
WILLIAM SAMUEL BEDDOW . I am the son of the last witness. I belong to the 19th regiment—I was on a furlough for two months, from Portsmonth—I had just come home from the Crimea—on that evening the prisoner came for coals—I served her—she gave my mother a half crown;
my mother gave her in change a halfpenny too much—I said, "They are the best coals," and the. prisoner gave my mother her halfpenny back—I saw the prisoner again on Friday night, about 12 o'clock, as I was going to bed—I heard a row. and the prisoner was being taken into custody—my mother gave me the half crown, and I gave it to the officer—the prisoner ordered the coals to be taken to No. 4, George-court; my little brother took them.
CAROLINE AMELIA MOCKETT . I am a widow, and live in Princes-street, Whitechapel. On 12th July the prisoner came to my mother's shop for a knuckle of pork—the price was 5d.—she gave me a shilling; I gave her 7d. out—I gave the shilling to my mother, and she returned it to me, and said it was bad—I am sure it was the same I had from the prisoner—I put it in a bit of paper, and put it at the back of the till—on the next night she came to my mother's shop for half a sheep's head; she paid my mother a shilling—my mother gave it me, and said, "Go and get change"—I looked at the shilling when I was outside the door, and I bit it in two—I showed it to the prisoner, and said, "Here is your shilling in two pieces"—she said, "Give it me back for the sake of my child"—I gave it to the officer.
Prisoner. Q· Did you not say that I came for a beef steak, when I gave the first shilling? A. No, it was a knuckle of pork—I did not go across to the public house to get the shilling changed, I bit it in two pieces, and showed it to you.
HARRIET HITCHINSON . I am a widow, and the mother of the last witness; I live in Chicksand-street, On Thursday, 12th July, I saw the prisoner served by my daughter, with a knuckle of pork, and she gave her a shilling; I looked and found it was bad, and my daughter put it at the back of the till—on the next evening the prisoner came to me about half past 11 or a quarter before 12 o'clock; she wanted a sheep's cheek—it came to 3(d.; I served her, and she gave me a shilling—I bad my doubts about it, and I gave it to my daughter to get change; she took it out, broke it, and came back and said, "Here is your shilling in two pieces"—the prisoner wanted it back; my daughter would not give it her, but sent for a policeman—I said to the prisoner, "You are a pretty hand; this is two that I have had of you"—a policeman came, and my daughter gave him the shilling from the till, and the two pieces—the prisoner said she had passed a sixpence the night before, but I am positive it was a shilling—no one had been attending to the shop but me and my daughter.
FREDERICK MARTIN (policeman, H 135). The prisoner was given into my charge on 13th July, between 11 and 12 o'clock at night—I took her to the shop of the last witness, and there received a shilling, and these two pieces—I broke the whole shilling myself, and these are the pieces of it—I received this half crown at the station from the soldier—I traced where the prisoner lived, at No. 2, Little Halifax-street, which is in the same parish, about forty yards from George-court.
Prisoner's Defence. I have three children; I hope you will consider my family; I never was in trouble in my life; I am out with things in the day; I cannot say whether the shilling was good or not.
GUILTY . Aged 40.— Confined Twelve Months.
SMITH PLEADED GUILTY , Aged 32.— Confined Fifteen Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
CORMICK DOWD (police-sergeant, D 6). On 31st July, I was in Paddington; the two prisoners were pointed out to me, and I watched them to Praed-street—they were in company—when they got there Smith went into Mr. Wright's, a grocer's shop, and Mullins stood at the corner till she came out—they then joined, and I followed them to Old Quebec-street, Oxfordstreet; I there took them—when I took them I heard the chink of money on the pavement, and I hallooed out, "Will somebody pick up that money?"—two officers came up, one of them took charge of Smith—I saw a man in the crowd who brought me two half crowns; I told him to take them to the station—the prisoners were taken to the station, and these two half crowns were given to Routledge, and he gave them to me—I searched Mullins—I found on him 4s. in silver, and 5(d. or 7(d. in copper; he said he knew nothing whatever of Smith—I received this other half crown from Mr. Wright.
HENRY SPELLER (policeman, D 62). I was at the further end of Oxfordstreet; I saw the last witness with the two prisoners, I went up and took Smith—as I did that I noticed Mullins chuck two half crowns away—I saw them picked up by Westbrook.
Mullins. He did not see me chuck them down; he was looking a minute or two before they were found. Witness. No, about one minute.
JAMES WESTBROOK . I am a collector to a bookseller. I was near the Marble-arch, in Oxford-street, when the prisoners were taken—I heard a sound of money fall—I looked to see what it was, and I picked up two half crowns—I did not notice which of the prisoners they came from—the prisoners were a few steps further on when I picked them up—I gave them to Routledge.
NANCY WRIGHT . I am sister of George Wright, who keeps a grocer's shop, in Praed-street. On 31st July the prisoner Smith came for some tea and sugar—she gave me a half crown—I gave her in change 2s. 3 1/2 d.—I showed the half crown to my brother when he came in—I saw him give the same half crown to the officer, Dowd.
JANE PORTER . I am searcher at the station. I searched Smith—she said she had not anything about her—I found this half crown in her pocket—I asked her if it was good—she said, "I think it is; there is a young man inside in charge, but I know nothing about him."
Mullins to HENRY SPELLER. Q. When you saw me drop these, were they in paper or not? A. I saw no paper.
MULLINS— GUILTY . Aged 21.— Confined Fifteen Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
HARRIET TOMKINS . My husband keeps a shop, at Edgware. On 12th July, between 7 and 8 o'clock in the evening, Walker came for a small article—it came to 4 1/2 d.—she laid down a shilling on the counter—her manner excited my suspicion—I looked at the shilling, and said it was a bad
one—I asked her where she got it—she said she took it, for haymaking, of Mr. Baker, at Harrow—I kept the shilling separate from other coin—I gave it to the policeman on Thursday.
BENJAMIN ANSTEE . I am a bricklayer. On 13th July I saw Walker come out of a grocer's shop—she went up the road, and crossed a field, where she joined a man in his shirt sleeves—I could not swear to that man—I gave information—I went on to another field, and I saw the two prisoners talking together—they both came over the stile, and Thompson asked the way to Barnet—I said he need not trouble himself, but go on, and I would go with him—the policeman came and took him.
WILLIAM LYES (policeman, S 230). I went to the field—I saw Walker get over the stile—Thompson was fifty or a hundred yards from her—they were going in the same direction—I took Walker—I got this bad shilling from Mrs. Tomkins, and this other from Mrs. Horrod.
SARAH HORROD . I am a grocer at Hendon. I saw Walker on 13th July, a little after 8 o'clock in the morning—she came for 1d. worth of tobacco—she laid a shilling on the counter—I tried it with my teeth, and said it was bad—I asked her where she got it—she said, "Somewhere in the village"—she went away—I laid the shilling on the shelf till I gave it to the policeman.
NOT GUILTY .
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JAMES SAMUEL REED . I am a butcher, and live in Greek-street On 23rd June, the prisoner came and bought 4d.-worth of pieces; she gave me a bad shilling—I detected it, and cut it in halves; I gave her the two halves—I am quite certain it was bad.
Prisoner. I was not in your shop. Witness. I am quite sure she is the person.
COURT. Q. When did you see her again? A. At Marlborough-street, on 28th June—I had seen her before, and likewise a woman that she was in company with.
GEORGIANA CAROLINE RICHARDS . My husband keeps the Thirteen Cantons. On 27th June, the prisoner came to the bar about 9 o'clock in the evening—she called for half a pint of beer—I served her—it came to 1d.—she gave me a bad sixpence; I put it in my mouth, bent it, said it was bad, and took the beer from her hand—she made use of very abusive language to me, and to a gentleman and lady who were in the bar—she had a young child in her arms, and I told her I would let her go, but if she came again I would give her in charge—she came again in about an hour, and called for half a pint of beer—while I was drawing the beer I recognised her—she gave me a bad shilling—I said, "You are the person who came here with a bad sixpence about an hour ago"—I kept the shilling and sixpence till I gave them to the policeman—I did not notice that the prisoner was the worse for liquor.
Prisoner. Q. Did you not put the shilling in the drawer? A. I never saw the drawer—the shilling was never out of my possession—you said, "How the gas dazzles my eyes," and you put your hand to your face—I said, "You are the same woman that gave me the bad sixpence about an
hour since"—I did not give the shilling to two gentlemen to look at—I bit a piece out of it.
GEORGE APPLETON (policeman, C 95). I took the prisoner—I produce these two pieces which I received from Mrs. Richards—the prisoner said she hoped she would forgive her—she had been drinking, but was not the worse for it—I found no money on her.
Prisoner. I am quite innocent of the sixpence; I hope you will take it into consideration; I have a young child, and my husband has left me.
GUILTY. Aged 33.—Recommended to mercy by the Jury.— Confined Four Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
WILLIAM BRANSCOMB . I keep the White Horse, in Pond-street, Hampstead—the prisoner came to my bar on the morning of 9th July, about 7 o'clock—I never saw him before—he had something, and put down on the counter a half crown—I told him directly that it was bad—I punched a hole in it with a knife—he begged to have it back, that he might take it to where he took it from, and asked what I marked it for—I told him I thought it would be wanted before the day was out, and so I made him a present of it—this is it.
Prisoner. A man there said it was good. Witness. He said he thought it was good.
MARTHA HOWELL . I am the wife of George Smith Howell; he keeps the Prince of Wales, Haverstock-hill. On 9th July, the prisoner came about 12 o'clock in the day for a pint of beer; it came to 2d.; he gave me a half crown; I put it in the till, and gave him four sixpences and 4d. in copper—there were only sixpences in the till beside the half crown—the prisoner remained there—in consequence of what my husband said, I looked at the half crown, and found it was bad—I marked it and gave it to Carter—I had left the bar in charge of Wallington.
Prisoner. Q. Who did you take the half crown from the last time? A. Joseph Scales.
Prisoner. Q. Do you know what time I was in the house? A. You were there before 9 o'clock, and had half a pint of beer, and paid with halfpence, and you came again about 12 o'clock.
GEORGE SMITH HOWELL . The prisoner was at my house on 9th July; he was in and out from about 9 till 12 or 1 o'clock—I saw him between 12 and 1 o'clock—he offered me a bad half crown for half a quartern of rum—he threw down the half crown on the counter—I said, "That is a bad one"—I left him looking at it.
JOSEPH SCALES . On 9th July I was at work—the prisoner came to me about 10 o'clock in the morning; he asked me if I would give him a job—I said I could not—he was talking to me about being out of work—I said there was some bread and cheese in the bag, he might have that, but I could not give him any beer—he said he had enough fur two pots of beer and half a quartern of rum; we went and had it—he would not drink any, so I drank it myself—I drank it all within a quarter of an hour—I went back to my work, and the prisoner came to me again about a quarter before 12
o'clock; he said, "Will you have any more beer?"—I said, "Yes," and we went, and he called for a pot of beer, and two half quarterns of rum—he took a part of that, and I took my part—it was then getting towards 1 o'clock—when he went to pay for that he chucked down half a crown, and Mr. Howell said it was bad—I picked it up, and several persons asked to look at it—I said I would not part with it; I kept it in my hand till I gave it to Mr. Carter.
JAMES CARTER . I was formerly in the police. On 9th July I was going towards Mr. Howell's; I saw the prisoner making away from there, and Scales went and got hold of him—I went up and searched him; I found four sixpences and 4(d. in copper on him, all good—I took him back to Mr. Howell's—I received this half crown from the last witness, which has a punch on it—I received this other from Mr. Howell.
Prisoner. Q. You say that they took a bad half crown from me? A. Yes; I made a mistake; I corrected it before I signed my deposition.
Prisoner's Defence. I know nothing about it; I have only been five weeks out of South Wales; I have been working at the Exhibition; I had a sovereign when I left Wales, that was all the money I had.
GUILTY . Aged 30.— Confined Nine Months.
PLEADED GUILTY . Aged 30.— Confined Eight Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JANE KING . My husband is a confectioner, at Isleworth. On 3rd July Smith came about 7 o'clock, and asked for a pennyworth of gingerbread; I served him—he paid me a half crown—I took it indoors to my father-in-law; I found it was bad, I marked it, and laid it on the shelf.
Smith. Q. Did you give me the change? A. Yea; one shilling, a sixpence, a 4d. piece, and 7 1/2 d. in halfpence—the superintendent asked me if you were the man—you were then sitting down, and there was not much light, but when you stood up I said directly you were the man—I did not point to the other prisoner first—I said I thought it was you, but when you stood up I was certain—the superintendent touched me on the shoulder and said, "You must be positive"—I never took a bad sixpence before, but I had great suspicion of this half crown.
JONATHAN KING . I am the father-in-law of the last witness. I gave the policeman the half crown that my daughter-in-law put on the shelf; that was soon after they took it—I came home between 12 and 1 o'clock, and she showed me what she had taken—I saw the police in the evening of the day that this was given to me—I stayed at home all the rest of the day—I had not been at home many minutes when it was shown to me—I took it off the shelf to show to a friend, that he should not be taken in.
EDWARD FIELDER (policeman, T 157). On 3rd July I went to Mr. King's house, about 11 o'clock at night—I received this half crown there—the prisoners were at the station at that time; I searched Hodgson, and found on him these three tin cups, three potatoes, and 6d.-worth of coppers, some writing paper, this doll, a bag, and a box and some envelopes.
Smith. Q. Did you not hear the superintendent discharge us? A. No.
WILLIAM RUSSELL . I keep a beer shop, at Isleworth. On Tuesday, 3rd July, I saw all the three prisoners—I had seen Townsend and Hodgson in the house on Monday; they had some ale and biscuits, and paid in good money—I saw Smith first on the Tuesday—I saw him in the skittle ground in the afternoon—Hodgson and Townsend came about 5 o'clock, and three or four more—they had something to drink in the tap room, there were five or six of them—the three prisoners afterwards came altogether, and Smith called for a pint of ale; I took it them, and Townsend gave me a shilling; it was bad—I noticed it directly, and marked it—I called the policeman, and gave her into custody.
Hodgson. Q. Was I there? A. Yes; you were drinking with some men from the Cement Company, from 5 till about 7 o'clock—I did not see you have any conversation with Smith till 11 o'clock, when you all three came together.
Smith. Q. How much beer do you suppose we drank together? A. You did not drink half the ale—I gave you in charge at once—part of it was drank—you came about 2 o'clock on the Tuesday—I did not challenge you to play at skittles—we did play—you afterwards played with a customer of mine—I think you left off play about 6 o'clock, and you left my house about 7 o'clock.
WILLIAM BROWN (policeman). I was called to Mr. Russell's a few minutes before 11 o'clock at night; the three prisoners were outside the house—Mr. Russell said that Townsend had just passed a bad shilling—I got the sergeant, and took the three prisoners to the station—Smith was searched in my presence—three good sixpences were found on him, and 6 1/2 d. in copper—this is the bad shilling I got from Mr. Russell.
(The COURT considered that there was no evidence that the prisoners were acting in concert.)
NOT GUILTY .
MESSRS. ELLIS and W. J. PAYNE conducted the Prosecution.
THOMAS HOPWOOD . I am foreman to Mr. Preddy, a hatter, in Bridge-street On the afternoon of 28th July, the prisoner came and asked me to oblige him with change for half a crown—he was without a coat, and his shirt sleeves were tucked up; he gave me half a crown, and I gave him 2s. 6d.—I noticed the half crown, and perceived it was counterfeit—I said, "This will not do, it is counterfeit;" and held out my hand for the 2s. 6d.—I placed myself between him and the door to stop his egress—I asked him where he came from; he said, "Just by"—I repeated the question, and finding he would not give me a direct answer, I sent for a policeman—the prisoner made a rush past and attempted to escape—I seized him, and we struggled and fell over a chair, which was broken—the policeman came, and I gave him into custody—I marked the half crown and gave it to the officer.
Cross-examined by MR. COOPER. Q. Did he tell you he wanted to go for his coat? A. No; he gave me my 2s. 6d. back directly—I have had a bad half crown in my pocket.
GEORGE HALL (City policeman. 315). I went to the shop, and saw the prisoner and the last witness—they appeared to be struggling; I secured the prisoner, and took him to the station—I found on him two good halfpence—he gave his address, No. 18, Kingsgate-street—I went there, but could not find anything about him—I found his sister on the second occasion, and his coat was brought by her.
(The prisoner received a good character.)
NOT GUILTY .
MESSRS. ELLIS and W. J. PAYNE conducted the Prosecution.
GEORGE RATFORD WILSON . I am assistant to Mr. Dixon, of Lower Eaton-street, Russell-square. On 13th Aug., E. Larner, jun., came to our shop, about half past 5 o'clock; she asked for a tea kettle, I showed her a three pint one—it was not large enough; I showed her a three quart one, and told her the price was 2s. she said it was too high—she looked round the shop a long time, and asked the price of a coffee pot—I showed her a small one, the price was 7 1/2 d.; she said it was very cheap, and after a long consideration she said she would have it—I then offered her the coffee pot and the largest tea kettle for half a crown—while this took place Vaughan came in for a can; I told him to wait while I served the female—the female took the coffee pot, and paid me half a crown; I gave her change, a shilling, a 4d. piece, and the rest in coppers—I put the half crown in the till where there was no other silver—she went away with the coffee pot, and I then showed Vaughan some cans; he said they were too high, and his good lady in Eaton-place would call—I gave him a card of the shop, and he went away—this is the coffee pot that I sold to the younger female—I noticed that the half crown she gave me was very shiny, and there were two marks on it—it was afterwards passed to a female, and I received it again at 10 o'clock the next morning—(that female is not in a state to attend the Court)—I recognised the half crown again by the marks on it—I gave it to the policeman—this is it.
Elizabeth Larner, Jun. It was a shilling I gave this gentleman. Witness. No; it was a half crown.
HENRY WILDE . I know the prisoners—I let them a house, No. 31, Goswell-street—I let it to Vaughan; he said it was for him, and his family was small—I saw the other prisoners in the house with him—they were living as one family—they were in the house about five weeks, and left three or four weeks ago—on 13th Aug. I saw the elder female and Vaughan. in Banelagh-street, about 20 minutes before 6 o'clock in the afternoon—I watched them, and saw them meet the younger female, who had a coffee pot with her, at the bottom of Eaton-lane—they talked together, and then proceeded together to Victoria-square—the two females then went into an ironmonger's shop, and Vaughan crossed the road and looked into the shop—I saw the two females come out of the shop, Vaughan joined them, and they all went into the Bag of Nails public house—I saw them in the bar—they left together, and went to Victoria-square, and stood at the corner of Albert-street—Vaughan took a tub and a coffee pot from the younger female, and she and Vaughan proceeded to the King's Head—the elder prisoner stood about ten yards off—the younger female came out of the public house and joined the elder female, and they went to Mr. Groves's.
Vaughan. Q. Did you see me do anything more than what was fair and right? A. No.
JANE BERRY . My husband is an ironmonger, in Victoria-row. On 13th Aug. the two female prisoners came, about 6 o'clock—they bought a small tub, and the younger female paid me half a crown—I gave her 1s. 3d. change—I put the half crown in my purse—I had one other half crown there, which was wrapped up in a bill—I believe this is the tub they bought—it was exactly like this—after they had left I took the half crown out and bit it; I found it was bad—I gave it to Hooper to take to the baker's; he brought it back again—I afterwards gave it to Price.
WILLIAM HOOPER . I am errand boy to the last witness—I recollect the two female prisoners coming to the shop—I saw Vaughan over at the corner, about fifty yards from the shop—I recollect the tub being bought—I received a half crown from my mistress—I took it to the baker's and brought it back again—I am sure it was the same that my mistress gave me—it was not out of my sight when I gave it to the baker—I went to the policeman, and pointed out to him the elder female prisoner—the younger female came up to her mother in Princes-row, and she was also taken—the elder female dragged back in going to the station, and the younger female tried to pull her back, and tried to get at her pocket—the elder female had a handkerchief in her pocket, and when the younger one tried to get it, the elder one took it in her hand—a gentleman tried to get it away from her, and could not.
SAMUEL POULTNEY (Policeman B 219). I was called by Mrs. Berry—I stood at the shop door, and Hooper spoke to me—I followed, and took the two females—I took the elder female first, and the younger one came and said, "You shan't take my mother"—while taking them to the station, the elder female put her hand in her pocket and took out her handkerchief, which she was about to hand to the younger female—a civilian came up and stopped her—I took the handkerchief from her—Price gave me this half crown.
JASPER SIMS (police sergeant, B 48). I went to assist Poultney—I saw the elder female with this handkerchief in her hand—I found in it three half crowns, three shillings, and a sixpence, which I produce—they were wrapped in separate pieces of paper—I had a great deal of trouble to get the handkerchief out of her hand.
THOMAS SYMES (policeman, B 181). I went to Mr. Berry's, on 13th Aug.—I then went to the King's Arms, and saw Vaughan sitting in the tap room, with this tub and coffee pot on his left—I asked him if the tub belonged to him; he said he knew nothing about it—the barmaid said she saw him go from the bar to the tap room with the tub in his hand—I took him—I went to Mr. Wilson, and received this half-crown.
WILLIAM WEBSTER . These half crowns uttered to Mr. Wilson and Mrs. Berry are both bad—in this handkerchief here are three half crowns, which are all bad, and from one mould—these three shillings are bad, and two of them are from one mould—this sixpence is also bad.
Vaughan's Defence. The tub was there, but I know nothing about it; I was searched, and there was nothing about me; I uttered no bad money, I had none; I did not know what I was accused for; I inquired, and they said, because I spoke to the two females in the street.
Elizabeth Larner the Elder's Defence. My daughter and I picked up the handkerchief; two gentlemen wanted it, I would not give it them; it was given to the inspector; I left the tub and coffee pot in the public house; I gave 1s. for the coffee pot, and as I was passing Mrs. Berry's I went in there; I did not know the money passed to her was bad; I have no knowledge of this man, I never saw him before.
ELIZABETH LARNER the Younger— GUILTY. Aged 12.— Judgment Respited.
ELIZABETH LARNER— GUILTY . Aged 49.
VAUGHAN— GUILTY . Aged 70.
Confined Fifteen Months.
JONES PLEADED GUILTY . Aged 40.
SMITH PLEADED GUILTY , Aged 28.
Confined Nine Months.
MESSRS. ELLIS and W. J. PAYNE conducted the Prosecution.
HENRY HOARE , I am barman at the Railway Hotel, Bedford-street. On Sunday, 29th July, the prisoner came between 1 and 2 o'clock, she asked for a pint of porter, it came to 2d.—she gave me a sixpence, I gave her 4d. in copper, and put the sixpence in the till—in about a quarter of an hour, I discovered a bad sixpence in the till—the prisoner was standing outside the door, she was brought in by a policeman, I saw her give him two bad shillings.
JAMES FOSTER . I am landlord of the Railway Tavern, which is opposite the Railway Hotel. On 29th July, I saw the prisoner about 20 minutes before 2 o'clock—there were two men sitting by the side of her—I was not aware whether they were together—the prisoner had a quartern of gin, and tendered a sixpence to the barmaid—I heard her say, "This is a bad sixpence," and she showed it to the elder barmaid—the prisoner laid down another which was equally bad—they were both on the counter together—I went to the bar, and began to question her—the two men came up, and one of them put down a sixpence out of his pocket and said, "Is this good?"—I said, "Yes"—the barmaid then asked the prisoner if she would have the gin—she said, "No"—I asked the prisoner if she had got any other money, she said, "No"—she said she got the money in Holborn—she took the two sixpences away with her when I turned them out of the house.
GEORGE JOHNSON (policeman). On 29th July, a little before 2 o'clock I took the prisoner—I asked her for the two bad sixpences she attempted to pass to Mr. Foster—she gave them to me—these are them—I was then called to the Railway Hotel and the barman gave me this sixpence, which be said he had every reason to believe the prisoner had passed there—I asked the prisoner if she had any more money and she gave me these two shillings wrapped in paper, she said she picked them up in Holborn—I took her to the station—she gave her address No. 5, Turville-street, Holborn, which is false—it is an empty house, nobody living there at all.
Prisoner's Defence. I picked them up as I came along Holborn.
GUILTY . Aged 18.— Confined Nine Months.
PLEADED GUILTY . Aged 35.— Confined Six Months.
OLD COURT.—Wednesday, August 22nd. 1855.
PRESENT—The Rt. Hon. the LORD MAYOR; Mr. Justice ERLE; Mr. Ald. COPELAND; Mr. Ald. CUBITT; and RUSSELL GURNEY, Esq.
Before Mr. Justice Erle and the First Jury.
MESSRS. BODKIN and METCALFE conducted the Prosecution.
WILLIAM OWEN WALKER . I am landlord of the house, No. 1, Richard-street, St. Leonard's-road, Bromley; the prisoner and her husband, the deceased, lived in the upper portion of the house, they occupied two rooms; there are only four rooms in the house besides a kitchen and a small room. On the night of 24th April, I let the deceased in I think somewhere about 9 or 10 o'clock, but it is a good while ago and I almost forget the time—I think he must have had a little to drink, but I cannot say, I was not in the habit of seeing much of him—he went up stairs and then went out again, and remained out about twenty minutes—I did not let him in again, he had the key and he walked in and went up stairs—the prisoner came in about an hour after I had let him in—I was sitting in the kitchen when she came in, I only saw her come by the passage—a little after that I went to bed—about 1 o'clock the prisoner came down stairs, and asked for the key of the front door—I told her where it was, and she went out—in about three quarters of an hour she returned with a girl, unlocked the street door and went up stairs—1 heard a talking up stairs, and the girl told me that Mr. Turton was dead—I immediately told her to go for a medical man or the police—the prisoner was up stairs at this time—she was not making any noise; it appeared as if she was cutting up some wood to make a fire—I came out of my bed room, and the prisoner went out after a policeman—I met her with two policemen—I had called in one of those policemen the night before—the prisoner had come down stairs between 12 and 1 o'clock, and told me that her husband had taken arsenic, and I went and fetched the policeman and he went up stairs, I did not—after the policeman came on the night in question, he went up stairs, and then called me up—I went up and found Mr. Turton lying dead on the floor, with a pillow under his head—I had not heard any quarrelling between them, only on one night; that was nothing violent, only just a rough word—I never heard any complaints on the part of the man, but the woman was very noisy by herself, and disturbed every body in the neighbourhood—I heard her tell him a few days before, that he had been a whoring—on the night this occurred, I heard no noise at all.
Cross-examined by MR. BALLANTINE. Q. I understand you to say, that when the man came home on this evening he was not apparently very drunk? A. No—I have been examined before—he reeled a little—I could not say he was the worse for liquor—he had taken enough to affect his walking—I think he was in the habit of drinking, but a quieter man, whilst he was in the house, I never saw—when he went out again, he went out with a mug—he let himself in, and went up stairs—he left the street door open—he might have gone out for some drink.
MR. BODKIN. Q. Did anybody else live in the house but yourself and your wife, and the prisoner and her husband? A. No.
GEORGE PULLING (policeman, K 161). About 2 o'clock in the morning of 21st April, I was near the house where the prisoner lived, and saw her standing at the corner of Richard-street—I went up to her at once, and spoke to her—I knew her before—I asked her what was the matter—she did not answer—I asked her again, and she said, "My husband is dead"—I immediately went with her to the house, and went up stairs—I asked what room her husband was in, and she said, "The front room"—that is used as a sitting room—the back room is a bedroom—I found him dead—he was lying, on the floor, on his back, with a pillow under his head—I observed some marks round his throat—they were afterwards examined by the surgeon—I examined the room, to see if I could find anything; and while doing so, the prisoner said, three times, "I did not do it; I did not do it"—I examined some tumblers and bottles that were there—she said, "It is no use your looking; I have not given him anything"—he had no handkerchief round his neck—I asked her where his neckcloth was—she said she did not know—I afterwards found it hanging behind the door in the same room, and a shawl hung over it—it is not here—it is so long ago, that the things were given to the brother—it was very much twisted at the ends—the prisoner afterwards said that she had put it there and forgot it—I then took her to the station—the face and hands of the deceased were quite cold—I had been called to the house on the previous night by Walker, about half past 1 or 2 o'clock, and the prisoner then told me that her husband had taken arsenic—that was said in the passage below—I went up with her into the bedroom, and found her husband lying on the bed, with his clothes on, asleep—I awoke him, and told him, in the prisoner's presence, that she had said he had taken poison—he said, "I have not; I do not know what to do with my wife; she is going mad"—he appeared as if he had been drinking, but nothing more—I then told the prisoner she had better go to bed, and left the house—about a quarter of an hour or twenty minutes afterwards I was passing the house, and she opened the window, and said, "Are you the devil?"—I made her no answer, and she said, "The cats are scratching the graves open"—I advised her to shut the window, and go to bed—on the Monday after I went again to the house—I saw a pail on the landing up stairs, containing some wet clothes, and at the bottom of it I found a brace—it is not here—all the things were given up, as we did not think the case would ever come to a trial—the brace had a buckle on it—I had noticed a mark under the deceased's left ear on the first occasion—it was like a wound—I compared the buckle on the brace with that mark, and it was the same size, and fitted exactly—I found a corresponding brace on the trowsers that the deceased was wearing, and only one.
Cross-examined Q. Was anybody present when you compared the buckle with the marks on the neck? A. Yes, the deceased's brother—there was no medical man there—the buckle was shown to the surgeon.
RONALD ROBERTSON . I am a surgeon, living at Poplar. I was called in by the police to examine the deceased—he had been dead for two or three hours—there was a broad livid mark round the neck, particularly under the left ear—the skin was abraded, as if a knot had been tied—all the external appearances were consistent with death by strangulation—I afterwards made a post mortem examination, which led me to the same conclusion—I noticed a mark under the left ear—I compared that with the buckle of a brace, shown to me by the policeman, and, in my judgment, it might have caused it.
COURT, Q. Was the broad livid mark such a mark as the brace would
have made if that bad been used as the instrument of strangulation? A. Quite so.
Cross-examined. Q. Supposing a person in a state of drunkenness to have laid down with his neckcloth on, might that have occasioned the appearances you saw? A. No; they were so distinct, it is impossible—I think it is impossible it could have occurred by accident—there was no congestion of the brain—I examined the brain—it was congested to a very slight extent—strangulation always causes a certain amount of congestion of the brain, but not sufficient to cause death; strangulation causes death by impeding the air passing into the lungs; that congests the brain, and that sometimes occasions death—I do not think the appearances would have been so marked if it had happened from his lying down in his neckcloth; it is a question of degree—if it was done by another person, the man might have struggled, or he might not; if he was sound asleep at the time he would not.
MR. BODKIN. Q. In what time would the pressure of a ligature round the neck impede consciousness? A. In a minute, or less than that, so as to render resistance impossible—I did not observe any amount of congestion of the brain to account for death—the pressure must have been very considerable.
KENNEDY. I am a surgeon, at Bromley-terrace. I saw the deceased on the Saturday morning, about 2 o'clock, lying in his clothes on the floor of the sitting room—the body was warm, but the extremities were quite cold—I do not think he had been dead more than an hour, or an hour and a half—his posture did not indicate any struggle; he seemed as if he was placed there—I observed a black circle round the neck—I have heard Mr. Robertson's evidence, and concur in his opinion—I saw the same symptoms externally and internally—in my opinion, death was caused by strangulation—I saw the buckle compared with the mark on the throat—it might have been caused by that, but I could not say decidedly—one part of the circle was larger than the remainder—the knot of a handkerchief, if it came on that part, might have done it, or pressure with the hand; it is quite possible—it is impossible for me to say whether, in that case, the handkerchief would be drawn by the deceased himself, or by some other person—I made the post mortem examination—my decided opinion was that death was caused by strangulation—there was no appearance of any other cause of death—all the other organs appeared healthy—there were some slight scratches on the face—he had the appearance of a man who had been drinking.
Cross-examined. Q. On what part of the neck was the mark of the knot? A. Between the carotid artery and the trachea, just over the carotid artery; the pressure would be on the carotid artery—I cannot say that did not cause the death—that would keep the blood in the lungs, and present the external appearances I saw—there was slight congestion of the brain—if the man had laid down in a state of drunkenness with the knot of the handkerchief pressing upon the carotid artery, I do not think that would have caused all the appearances I discovered; I should expect to find the brain more congested from the stupor of drunkenness—I cannot say whether, if the man had gone to bed with a handkerchief tightly tied round his neck, and the knot of the handkerchief pressing upon the carotid artery, that would have caused death by strangulation—I should not like to go to bed in that way.
COURT. Q. Would pressure upon one carotid artery produce it? A. I do not think it would.
I went home on Friday evening, 21st April, about 10 minutes to 6 o'clock, the prisoner was at my house—I asked her how her husband was—she said he had been illusing her—I asked her where he was, so that I could go with her to him, and she took me to Batson-street, instead of going to him—she appeared as if she had been drinking—she said the police and him had been hunting her all round to drown her—it is so long ago, I have almost forgotten what she said; but her talk was such that I considered she was either tipsy or mad—I left her about 10 o'clock, and she went home.
ANN RANDALL . I am searcher at the police station where the prisoner was brought—I saw her in the cell on the morning of 22nd April, between 10 and 11 o'clock—that was the first time I saw her—she said, "Will you allow me to take my hair down out of paper?"—I said, "Yes, certainly"—she then said, "Will you allow me to make a prayer?"—I said, "Yes, by all means"—she kneeled down and prayed to herself as long as she thought proper—she then got up, and I said to her, "Was your husband a good husband to you?"—she said, "Very good when he was sober"—I said it was a very bad thing it should have happened—she said, "Certainly it was a bad thing, but what will not the devil tempt a person to do when they are in a passion?"
HANNAH CONNOR . I reside with Mr. Smith, at No. 6, Batson-street. I have known the prisoner for some time—I am in a situation as servant—I remember the morning that the deceased was found dead—about 1 o'clock that morning the prisoner came to me—I was not gone to bed, I was sitting up for my father—she knocked two very loud knocks at the door; I went down and opened it, and she rushed past me, and said my father or mother was to go with her; that poor Tom was dead; she used to call her husband Tom—she seemed as if she was very frightened—my father and mother could not go, so I went—I went up into the room-where her husband was found dead—I began to cry, and said I would go and fetch a policeman, or some assistance—she wanted to keep me back, and said, "No, don't go," or something to that effect—I said I would fetch a policeman—I called Mr. Walker, and he went and opened the street door, and two policemen came in—I do not think the prisoner went out—I had seen her that same afternoon, about 3 o'clock, at our house with her husband—I believe there was some quarrel between them—she seemed very cross with him—I believe he had been drinking—she was cross with him about that, and she accused him of being with other women; they both left together—they had a half pint of gin and some ale at our place—they did not make up their quarrel before they left—she came back about 8 o'clock in the evening; she did not come up stairs, she went into the landlord's parlour—I saw her; I do not think she inquired for her husband; Mr. Green came with her—as I went home with her, between 12 and 1 o'clock, she said she saw fairies and dead people at the side of the road; she said several things, and I began to feel frightened—she talked and went on so till we got to the door—she said poor Tom was dead, and she had done it, and I believe she repeated it a second time—I noticed a broken pan on a chair in the bed room, and I saw a brace in it with stains of blood on it, and a little water, as if something had been washed in it—the prisoner took the pan off the chair, and emptied it into a pail on the landing—I saw a black handkerchief lying by the side of the deceased, it was twisted very much at the corner—the prisoner picked it up, and hung it on a nail behind the door—she said that was the handkerchief that poor Tom used to wear.
saw the prisoner on 1st May, directly after her admission—I think she came from the House of Detention—she continued under my observation until the 11th, when she was brought up, and my opinion was taken; a jury was sworn to try the state of her mind, and she was found not to be in a condition to plead, from insanity—I consider her to have been insane when I first saw her, and to have remained so—she was removed to Bethlehem Hospital—she has since been brought back to Newgate; she remained under my notice there until I ceased to do duty there, which was on the 10th of this month—she did not then present any symptoms of insanity—she was sent back here as being sane—I conversed with her a considerable number of times, very carefully—she did not allow that she recollected having killed her husband, but upon common subjects she conversed very well; and I considered that she was able to plead, and that there was nothing like insanity to prevent her being tried.
Cross-examined. Q. From the appearance which she presented when you first saw her, did you think that her insanity had been of some standing? A. I should not think it had been very long; she was very much excited—I certainly could not say that it had not existed a month.
NOT GUILTY, on the ground of insanity .— To be detained during Her Majesty's pleasure.
MESSRS. CLARKSON and BAYLEY conducted the Prosecution.
ANN BEASLEY . My husband keeps a draper's shop in Rotherhithe. On Thursday afternoon, 28th June, the prisoner Williams came in and asked to see some socks—I showed him some at 10 1/2 d. a pair—he selected two pairs—he had on a shepherd's plaid coat, with a selvedge at the bottom of it, made quite loose, and, to the best of my knowledge, a light cap, and a pair of light trowsers—I also served him with some braces and a shirt; they came to 7s. 9d.—he gave me a 5l. Bank of England note—I gave it to my niece, Sarah Banbury, to get it changed, and she went out with it—just at that time the prisoner, Wells, came in and asked to look at some socks—I do not know whether my niece had passed the threshold of the door or not—he saw Williams, but did not speak to him, and I did not observe that he took any notice of him—I served him with one pair of socks, which came to 10 1/2 d.—he said, "Have you any at 8 1/2 d.?" I said, "I believe I have in coloured ones"—I turned to take out another packet, and he threw some money down on the counter, and went out saying something, which I supposed was that he was going to get the other halfpence—he came back in four or five minutes and said, "Have you found them?" I said, "No, not at 8 1/2 d. "—he said, "Well, I have only 10d." and he counted his money—I said, "Never mind, leave the halfpenny till you are in again"—I then gave him the socks, and he left the shop—before he left he turned round and asked me if we had any parties staying in our house by some name which I do not recollect, shipping goods on board the William—I said, "No, I have not," and he left—my niece came in with the change, and I believe she met Wells at the door—she gave me five sovereigns—I gave Williams four sovereigns, 12s. in silver, and 3d. in copper, and he left.
Cross-examined by MR. PARRY. Q. Were you examined before the Magistrate? A. No.
Williams. Q. How do you know that is the note I gave to you? A. I cannot swear that that is the note—I did not mark it.
SARAH BANBURY . I am niece to Mr. Beasley. On Thursday, 28th June, between 3 and 4 o'clock in the afternoon, Williams came to the shop, asked for some goods, and tendered a 5l-note, and Mrs. Beasley gave me the note to go and get change—I got it changed at Mr. Booth's, the Royal Oak—I returned with five sovereigns—at the time I went out to get change, the prisoner, Wells, was coming in; that might be four or five minutes after Williams had come in—on returning with the change, T passed it to my aunt on the counter—Wells and Williams were both in the shop at that time—I saw my aunt hand the change to Williams—whilst she was counting it Wells came in a second time—he had left the shop as I was coming back with the change—I heard him ask my aunt if we had any one staying there, shipping goods on board the William; she said "No"—I could not swear to the note, because I did not mark it.
EMILY DYER I am a niece of Mr. Booth, who keeps the Royal Oak, Botherhithe. On 28th June, Banbury came for change for a 5l.-note—I took the note, and placed it in the cash box up stairs—there was no other note there.
WILLIAM BOOTH . I keep the Royal Oak, at Rotherhithe—between 6 and 7 o'clock on the evening of 28th June, I went up stairs to my bed room, where the cash box was kept, and took from it a 5l. Bank of England note—there was no other in the box, and I had no other in my possession—I paid it to Mr. Bishop, a collector of Messrs. Statfield's, that evening—I saw him write my name on it—this (produced) is the note—here is Mr. Bishop's writing—no one but me had access to the cash box that afternoon.
Williams. Q. Could nobody go to the cash box that day besides you? A. My niece took the note there, and got the money while I was absent—I do not think any one could change the note, for no one had the key of the cash box but Mrs. Booth and myself—there was only one key, and that my niece had between 3 and 4 o'clock.
PHILIP REYNOLDS BISHOP . I am collector to Messrs. Statfield. On the evening of 28th June, I called on Mr. Booth, and received from him a 5l. note—I wrote across it in bis presence—this is the note—I paid it away next morning.
THOMAS SIBERRY . I am a grocer, and live at No. 23, Cannon-street-road, St. George's-in-the-East On Saturday, 2nd June, between 8 and 9 o'clock in the evening, the prisoner Williams came to my shop—he was dressed as a sailor—he asked for a pound of tea; I served him—he then asked for half a pound and of tea, and then for two pounds of coffee, and twelve pounds of sugar—it came to 12s.; he tendered me a 5l. note—I took it up and looked at it—the name of Mr. John Adams, Mincing-lane, was on it—this (looking at it) is the note—I asked him who Mr. John Adams was; he said a broker in Mincing-lane—I asked him his name; he said John Davis—I said, "What ship?" he said the American ship, Eagle. London Dock, and he had been paid his wages that afternoon by the broker of Mincing-lane—upon that I wrote on the note, "John Davis, American ship, Eagle. June 2nd, 1855"—I find that upon this note—I put the note into the till, and gave him the change; four sovereigns and 8s.—before he went out, he walked round to the far end of the shop, and saw some bacon on the counter; he took up a piece of about seven or eight pounds, and said, "This is a nice piece of bacon; I think my mates will enjoy this," and told me to weigh it—I weighed it for him, and he paid me for it—he tied the things
up in a handkerchief all together, and went away with them—whilst I was serving him with the grocery, I saw another man standing outside the door, leaning against the doorpost; he was dressed as a sailor, in a blue jacket and blue cap—I should not know that man again—when Williams went out, he and that man went off together.
JAMES BLANCHARD . I am manager at Mr. Chipchase's shoe establishment at Poplar. On the afternoon of 7th June, Williams came to the shop about 4 or 5 o'clock, dressed as a sailor—ho said he wanted a pair of boots—I served him with a pair—they came to 16s.—he paid for them with a 5l. Bank of England note—I gave him the change, and put the note in the till—before doing so, I asked him to write his name upon it; he said he could not write, and I wrote his name for him on the note—he gave the name of John Williams—I asked him what ship he belonged to; he told me the barque, Tomlins. West India dock—this is the note (produced)—when the note was returned, I went to the dock to inquire for such a ship, but there was no such ship there—about a fortnight afterwards I went to Worship-street, and there saw Williams—I knew him again.
HENRY SHAW . I am a shoemaker, of No. 266 High-street, Poplar. On Saturday afternoon, 9th June, between 4 and 5 o'clock, Williams came in for a pair of boots; I fitted him with a pair, which came to 12s.—he tendered me a 5l. note—he took it from a pocket book which he took out of his side coat pocket—he appeared to take the note from among other papers—I offered him a pen, and asked him to write his name and address upon it—he said he could not do so; I said I would do so for him—he gave the name of John Adams—I asked where he resided; he said he lived on board the ship Hurricane—he spoke in a very muttered manner, I could scarcely understand him; and I said, "How do you spell it, give it me a letter at a time"—he commenced with a few letters; I said, "That won't do, that won't spell Hurricane. what do you mean by Hurricane?"—he said, "A storm, boisterous, wind blowing"—I said, "Oh, you mean Hurricane;" and I then wrote in his presence on the back of the note, "J. Adams, ship Hurricane. 9, 6, 55," and my name underneath—this is the note (produced)—he took up the change—I had some further conversation with him; and whilst I was conversing with him, I saw the prisoner, Wells, looking at us through the window, and at the door—I paid the note into Masterman's on the 13th, and on the 14th it was returned to me marked "forged"—I immediately went to the Sailors' Home, to make inquiries about the ship Hurricane; I could find no such ship, nor any person named John Adams, on board any ship—about three weeks afterwards, I went to the Worship-street Police Court; I saw Williams there, and knew him again—I also saw Wells there—I selected them both out from a number of others in the cell.
Cross-examined by MR. PARRY. Q. Are you quite sure about Wells? A. Quite sure—I had never seen him before; I have not the least doubt about him.
DONALD M PHERSON . I am a linen draper, at Albany-place, Commercial-road East. On 13th June, about 8 o'clock in the evening, Williams came to my shop, and asked for some common flannel shirts—I showed him some—he selected two at 5s. the two, and paid for them with a 5l. Bank of England note—he took out a roll of notes from a handsome purse, took this one from the roll, and gave it to me—I looked at it and said to him, "I suppose, you being a sailor, have no particular address?" he said, "No, except the ship"—I said, "What is that?"—he said, "The ship Mary. London Docks"—I asked his name; he said, "John Williams"—I wrote that name and address on the back of the note with a pencil, as it was handy at the
time, and I was rather busy—this is the note (produced)—I gave the prisoner change, and he went away—I inquired at the London Docks for the ship Mary. and could not find it—I afterwards saw Williams at the police court, and knew him, but he was very much disguised from what he was when he was at my shop.
WILLIAM CHESWORTH CALDWELL . I am a tailor, of No. 2, Nassau-place, Commercial-road. On Saturday, 30th June, about 8 o'clock in the evening, Williams came to my shop, dressed as a respectable common sailor—he asked to look at some common white shirts; my wife served him with two shirt and a silk handkerchief, they came to 9s.; he paid me by a supposed to be 5l. Bank of England note—he placed it on the counter, and asked for change—I examined it, and requested my wife to get it changed—she took it away for that purpose, and returned in about five minutes, with the note and five sovereigns—I requested Williams to put his name upon the note, be said he could not write—my wife had the pen close to her, and wrote his name on it, John Williams, and said, "What ship my man?"—he said, "The Autumnus. not a ship, a barque"—my wife wrote that down in my presence—this is the note (produced)—I gave him 4l. 11s. in change, and he left—the note was returned to me as forged on 2nd July—I saw Williams again on 5th July, at Worship-street, and knew him, but he was very much disguised—when he came to me he had a pair of large whiskers, a blue Guernsey shirt, a pair of blue trowsers, and a cap; at Worship-street, he had on a hat, a coat, and a pair of black trowsers; he was there in a large room with a quantity of other persons, and the other prisoner—the policeman asked me if I saw any one there that I had seen before, and I said, "Yes, that man there"—he said, "Which of them?"—I said, "The little one," and pointed him out.
Williams. Q. Do you swear that is the note I gave you? A. Yes; I am quite certain it is the note I gave to my wife to get change.
MARTHA CALDWELL . I am the wife of the last witness. On Saturday, 30th June, I remember Williams coming to buy some goods; I was up stain at the time—my husband rang the bell for me to come down and serve him with two shirts—I asked him at what price he wanted them, he said 2s. 6d.—I said, "I have none at 2s. 6d. I have at 2s. 9d. "—he said, "That will do, as I only wear shirts on a Sunday," and he took a handkerchief at 3s. 6d.—I took the note to Mr. Fraser for change, and brought it back to get it marked—he said he could not write his name, and I wrote down what he said—this is my writing, "John Williams, Autumnus"—I said, "Ship?" to him, and he said, "No, barque"—I said, "Will you spell the name, because I cannot understand it?"—he said, "I can't spell"—this is the note—I never let it out of my hand from the time I received it till I wrote the name upon it.
CHRISTOPHER HARRIS , Jun. I am shopman to Mr. Martin, of No. 210, Whitechapel-road. On 4th July, shortly after 8 o'clock in the morning, Williams came to the shop dressed as a sailor, and wanted some silk pocket handkerchiefs—I served him with four, they came to 10s. 6d.—he paid for them with a 5l. Bank of England note, I handed it to my father, he handed me back the same note, and I took it up to the counting house to get it cashed—Mr. Martin cashed it, and I came down and gave Williams the change after getting change for a sovereign at the desk, and he left—before he had left the shop, the prisoner Wells came in, and wanted some socks—they did not appear to be acquainted—Wells saw Williams but did not speak to him—after serving him, he left the shop.
Cross-examined by MR. PAKRY. Q. How long did Wells remain in the shop after Williams left? A. About two minutes, it might hare been five minutes.
CHRISTOPHER HARRIS , Sen. I am also employed in Mr. Martin's shop. I saw Williams come in on the morning of 4th July, and ask for some pocket handkerchiefs—while he was getting them Wells came in, and asked for a pair of socks—Williams produced a 5l. note, which my son handed to me—I said, "The water mark is rather fanciful; I suppose it is a good one"—Williams made no remark to that—I handed it to my son to get change—I asked Williams if he was just come home—he said, "Yes," from some part of America—I do not recollect where, and he was shortly going out again.
Williams. Q. Did I not tell you I had come from India? A. No; from America—I do not know that this is the note you gave me, I merely handed it to my son.
EDWARD MARTIN . I am cashier at my brother's establishment. On 4th July, about 9 o'clock in the morning, young Harris brought a 5l. note to me in the counting house—I gave him five sovereigns for it; I had taken no other 5l. note that morning—I was then making up a parcel of money to send to the Whitechapel Branch of the London and Westminster Bank, and I put the note among it and gave it to Frederick Smith.
FREDERICK SMITH . I am shopman and apprentice to Mr. Martin. On the morning of 4th July, I received from Mr. Martin a bag which I took to the Whitechapel Branch of the London and Westminster Bank, and gave to Mr. Gill.
THOMAS TOMLINSON GILL· I am cashier in the Whitechapel Branch of the London and Westminster Bank. On the morning of 4th July, I received a parcel from Smith, from Mr. Martin, of Whitechapel—I have the particulars of the credit, which I have extracted from the books—the amount of it was 82l. it consisted of a 5l. note No. 59,608, dated 11th Jan.—there was no other 5l. note, the rest was a 10l. note and gold and silver—this note precisely corresponds with the entry I made, it is No. 59,608—I feel quite sure it is the same.
JAMES JAMES . I am assistant to Messrs. Dennis, grocers, in Church-street, Hackney. About 8 o'clock on Wednesday evening, 4th July last, Williams came to the shop—he first asked for a pound of tea, I served him with it—he then asked for a pound of coffee, and afterwards for four pounds of loaf sugar, the goods amounted to 7s. 6d.—he offered me a supposed to be 5l. Bank of England note—he took it out of a pocket book, I did not notice where he took the pocket book from—during the time I was serving him, there being nobody else in the shop, I had a little conversation with him—he described himself as an Australian gold digger, and was telling me about his being rather fortunate in one place, and unfortunate in another—I dare say he kept me serving him pretty well a quarter of an hour—he did not talk much about Australia—he said he did not like the country much, there was a very rough lot about—he said, "I made a good deal of money, but not so much as I might have done"—this was while I was serving him, and then he produced the note—I examined it by the feel of the paper, and did not like it—I then examined it. and found the signature of H. Back to it—there had been a letter in the Times a few days before about notes with that signature, and I tried to recollect myself, and went up stairs to Mr. William Dennis—I asked him what the name was that had been advertised—I did not show him the note,
I had it in my hand, but he did not look at it—I merely said, "Here is one of the forged notes"—I then returned into the shop, and found Wells standing by the side of Williams—he had come into the shop just at the time I was going in doors to speak to Mr. Dennis, and just as he entered the door he called out for a pound of pic nics. and said, "I am in a hurry"—we have some biscuits called pic nics—when I returned into the shop I found him standing by the side of Williams—I walked in front of the counter, and asked Williams if he knew what he had given me—Wells was close enough to near what I said—Williams replied, "Yes, a 5l. note"—I said it is not a 5l. note; in fact, it is not a note at all"—I then walked behind the counter, and laid the note flat on the counter, thinking him to be an innocent looking man by his face, to show him the signature of H. Back, and I said, "This is not the signature of the note, because it is J. Ferraby"—Williams looked at the signature, and just at the time Wells looked over his shoulder at the note—I was not holding the note very firmly, and he put his hand over, took hold of it, and held it up to the light—he said, "Oh, this is right enough; this is one of the last issue; I have got plenty of them, I will change it!" and he put his hand into his pocket, and drew out a handful of gold and silver—he took five sovereigns out, and laid them on the counter—he had the note in his hand—he scrambled it up very carelessly, and put it into his trowsers pocket—I pushed four of the sovereigns towards Williams, and took one myself, examined it, and put it in the detector, and then into the till—I gave Williams the change, keeping the 7s. 6d. for the goods he had had—Williams tied up the goods in a silk pocket handkerchief, and walked out—as soon as he went out I took a bag and weighed Wells his pound of pic nice—he gave me a half crown, and I took 8d—as I was weighing them, I called out to the lad Steed to get ready to go out immediately, as I suspected they were regular smashers—just as Wells went outside the door, I went to the lad, pulled off his apron, pointed out Wells to him, and sent him oat to watch him until I could go myself—just as I was going outside the door, the lad returned—in consequence of what he told me, I went to the corner of Well-street and Mare-street, Hackney, and in a nasty little turning there I dropped upon Wells, Williams, and two others, standing talking to each other—Wells had a parcel of goods in his hand, tied up in a pocket handkerchief—it was about the bulk and appearance of the parcel I had sold to Williams—I believe Williams saw me; he had his face towards me; they immediately parted—Williams came towards me, and Wells went the other way, and the other two parted—I lost sight of them in a moment, there being a lot of labouring men about there, and they appeared as working men themselves—I followed Williams on account of his tendering me the note—I think he observed me to be following him; he walked down Well-street, and passed me—I walked into a grocer's shop to conceal myself, and asked them to allow me to wait there a minute or two—I saw Wells drop the parcel of goods he was carrying, and they were all scattered in the street—that was after I had followed Williams, after Williams had gone down Well-street—I had to run to keep sight of him afterwards, and I saw him turning back, and he saw me turn into the same shop where I first went in—I afterwards saw Wells and Williams together again; that was after I had seen the parcel dropped by Wells; after I came out of the shop again, and was walking after Williams again—Williams was on one side of the road, and Wells was just across the road, where he had dropped his parcel of goods—he picked them up, and went into an unfinished house, I suppose to put his goods to rights again; and by that time Steed, our lad, overtook
me—the goods had the appearance of those I had sold to Williams—I could not say whether the pic nics were with them—I told the lad to keep an eye upon Wells, and I went on after Williams—Wells again overtook me, and passed me, and passed Williams also, and then he commenced walking slowly, and Williams passed him—they might have spoken to each other then, but I was about 200 yards behind, and could not hear—before we came to Cambridge Heath Bridge, both of them went together; they could not see me then; there were a few persons coming home from the City, and I got among them—they joined together—Wells still carried the parcel of goods, and walked on to the bridge, where I met a constable; he and I followed them till we met another constable, a few yards past the Hackney-road-gate, and I gave them in charge.
HENRY STEED . I am shopboy to Messrs. Dennis. In consequence of an order given to me by James, I followed Wells—James pointed him out to me before he left—I saw him meet Williams as he was passing under the Hackney railway arch, and against St. Thomas's-square, I saw Wells pass some-thing over into Williams's hand—I was not near enough to see what it was—they then separated; they were only together two or three minutes—I came back and told Mr. James—I went out again afterwards, and saw them both at the corner of Well-street, and another one with them—I followed them till we met a constable.
FREDERICK COWAN (policeman, N 77). On 4th July, between 8 and 9 o'clock in the evening, I was on duty at Cambridge Heath Bridge, and in consequence of information from James, I followed the two prisoners to Cambridge Heath Gate—I there met All wood, another constable, and I took Wells in charge, and he took Williams—after we had got some little distance I told Wells that he was charged with uttering a forged 5l. note—I asked him what he was doing with Williams—he said, at first, he did not know anything of him; he said he was going to his (Williams's) master to get change for the note—he did not mention the name of Williams's master—I took him to the station, and there the parcel that he had was examined; it contained grocery and pic nic biscuits—these are the things—I searched Wells, and found on him 5l. in gold, 15s. 4d. in silver, and 2d. in copper——I asked him about the note—he said Williams had token the note back, and given him his money—Williams claimed the grocery at the station, and Wells claimed the biscuits—I asked Wells his address, and I believe he said he lived in Church-street, Stepney, but I will not be certain—inquiries were made at the address he gave; I went with Allwood to make them—we went to High-street, Stepney—I believe that was the address he gave; I could find no such person as Wells there.
Cross-examined by MR. PARRY. Q. Did you go to No. 21? A. We did not; there was no No. 21 in the street—I am sure of that—I cannot tell what was the highest number in the street—Allwood had been there the night before—I say there was no No. 21, from what Allwood told me—the street did not appear to be long enough to contain that number of houses—* I saw a person who represented herself to be the wife of Wells—that was in a turning by the side of Stepney Church—J do not know the name; it is not High-street, it turns out of High-street—I did not break open the door of the room where she was, I knocked at the door and was let in—she had not just been confined—I do not know that she was on the verge of it—I was not told so by her mother.
THOMAS ALLWOOD (policeman, K 422). On the evening of 4th July I apprehended Williams in the Cambridge Heath-road—I told him I wanted him to go to the station house with me—he went—as we were going, he asked what I wanted him for—I said, "You will know when You get to the station house"—I had got him by the cuff of his coat, which was loose—he seemed very restless going along the road; he got his hand into his left hand coat pocket, and pulled out this pocket book—I saw it in his hand—he broke the elastic band, took something out of it, and put his right hand up to his mouth, and dropped the book on my foot—I said, "Is that your game?"—he said, "What?"—I picked up the pocket book, and he said to me, "Oh, you can take me to the station house, I have no forged notes about me; you cannot convict me"—I had not mentioned anything to him about notes, or about the charge—I searched him at the station house, and found 7s. 10d. in silver, and 3d. in coppers upon him—I examined the pocket book, but found nothing.
Williams. Q. Did you pick the pocket book up, or did any one give it to you? A. I stooped down and picked it up—a boy did not give it to me—I cannot positively say whether you have got on the same dress now that you had then, the coat looks very much like it; it was a kind of shooting coat, with pockets outside.
Cross-examined by MR. PARRY. Q. Is the signature of H. Back to these notes a right signature; supposing they were genuine notes might they have that signature? A. Yes; there is a cashier of that name—there has been a new issue of notes of that kind, with his name.
MR. CLARKSON. Q. Do you mean in this year? A. Yes; I am quite sure of that, of 5l. notes.
MR. PARRY. Q. You are quite sure that H. Back has signed Bank notes of this year? A. Yes; not of the new issue—there is such a person as H. Back, who has signed Bank note—I am not quite sure whether his signature might appear to these notes if genuine—I rather* think it might, but I am not positive—by the new issue I mean a note that was brought out a short time back.
MR. CLARKSON. Q. When was the new issue? A. About two years or eighteen months back; there was a new issue on 1st Jan. last—Mr. Back might not have signed those—he had not authority to do so—the course has been entirely changed since 1st Jan. 1855—before that Mr. Back and other cashiers signed 5l. notes—since that period Mr. Back has not signed any 5l. notes—I know that, and say so positively.
(The prisoner, Williams, in a long defence, stated, that he arrived in England on 13th May last, in the William Brown, from Sidney; that he brought with him a quantity of gold and money; that with several shipmates he went to board with a man in Wellclose-square, who introduced him to a person to dispose of his gold; that he sold to that person fifty ounces and a half of gold at 3l. 17s. 6dan ounce, and received from him twenty-four 5lnotes, three 10lnotes, and 52 sovereigns; that he soon spent the sovereign, and then proceeded to spend the notes, purchasing such things as were useful on board ship; he stated that Wells was a perfect stranger to him until he came into the shop of Messrs. Dennis, on 4th July, when he cashed the note for him; that on leaving the shop he followed him, and asked his address; to which he replied, that being a sailor he had no address; that Wells then wished him to change the note again, which he, could not do unless he also took the goods
he had; that he did so, and on receiving the note back from him, he tore it up, and threw it away.)
WELLS— GUILTY . Aged 36.— Transported for Twenty Years.
WILLIAMS— GUILTY .
(Williams was further charged with having been before convicted.)
JOHN YOUNG . I am a turnkey at Warwick jail. I produce a certificate (This certified the conviction of John Twitty, at the Quarter Sessions, Birmingham, on 21st Oct., of housebreaking, after previous conviction, and that he was sentenced to fifteen years' transportation)—I was present at that trial—the prisoner, Williams, is the person to whom this certificate refers.
WILLIAMS—GUILTY. Aged 44.— Transported for Twenty Years .
MR. PAYNE conducted the Prosecution.
GEORGE HIGGINS (police sergeant, N 14). On the morning of 1st July, I was called to the prosecutor's house, No. 15, Nicol-square, Hackney-road—I went upstairs and saw the prosecutor standing on the landing, bleeding from his left arm; there was blood on the landing and on the walls, and a great quantity on the floor—there was a man on the landing holding the bedroom door, to keep the prisoner inside—he opened the door and I went in, and found the prisoner standing on the top of the bed, naked, with his arms extended, a razor in his right hand, and a cloth bound round it—I told him to drop it—he said, "l am glad you are come," and instantly threw the razor down on the wash hand stand—he was secured and taken to the station—as we were going along he said that the prosecutor was going to murder him, and that he put the bedstead and chairs against the door to protect himself, to keep them from coming in—I sent for a doctor for the prosecutor before I left the house, and when I returned I found Mr. Wallis there—the prosecutor was in a fainting state when I went down stairs with the prisoner; he was confined for a week, and not able to appear before the Magistrate—I found marks of blood on the prisoner's bed, as if he had trodden in blood, and then stepped on it with his naked feet.
Cross-examined by MR. BALLANTINE, Q. Did he seem very much excited? A. Very much indeed, and alarmed—I am quite positive he was not shamming, because every limb of him shook, and the perspiration poured down him—it was about a quarter past 12 o'clock at night.
JOSEPH WAYMAN . I am a porter, and live at No. 15, Nicol-square, Hackney-road—the prisoner lodged there. On Saturday night, 30th June, I came home a little before 10 o'clock—the prisoner lodged in the back room first floor—I went up to him and asked him if he knew whether his time was up, as I had previously given him a week's notice—he said, "Mr. Wayman, don't turn me out to night; allow me to stop, I don't feel very well"—I said, "I cannot allow you to enter into another week; your conduct is such, coming home at all hours of the night, I cannot allow you to remain in the house"—after a while 1 consented to let him remain in the house, and I then left his room—we retired to bed about a quarter to 12 o'clock—I had not been in bed above five minutes, before I heard the prisoner making a great noise, swearing to himself, as I frequently heard him do before, and making a most awful groaning noise, and pulling things backwards and forwards, which annoyed me, and I could not go to sleep—I went up to ask him whether he would be quiet—I knocked at his door
first, but got no reply—his door not being fast, I opened it and just looked in—I saw him standing upright on his bed; he had only his night shirt on—the moment I opened the door and put it back to step my foot in, he flew at me with something—I did not know that he had anything in his hand—he struck me very violently—I held up my arm to defend my face from the blow, and received a very severe wound in my arm from some sharp instrument—I bled very much indeed—my arm was cut in three places, and my hand was very severely cut in one place—a constable was sent for, and he was given into custody—Mr. Wallis came and dressed my wounds.
Cross-examined. Q. You and he had had no quarrel, had you? A. Not a world—I never had an angry word with him—he is rather an excitable person—I saw little of him, but I saw enough to induce me to give him a week's notice—I had a very respectable gentleman lodging with me, and I did not want my house upset—I do not know that he was apprehensive of persons doing him an injury—he never said so to me—I spoke to him at 10 o'clock—my wife told me that she looked into his room between 10 and 12 o'clock, but did not speak to him; she found him asleep—I had no difficulty in getting into his room—he had pulled the wash-hand stand so as to prevent the door from opening wide—it would only open straight, but there was plenty of room to get in—I do not know what his motive was in placing it there.
WAYMAN. I am the prosecutor's wife—I was at home when this matter happened, but did not see anything of it—the prisoner had been lodging with us about a fortnight—I did not observe anything particular about his conduct.
Cross-examined. Q. Was he very nervous? A. We gave him notice to leave in consequence of his keeping very irregular hours—on the Thursday, a geranium which he had in his window was blown down, and I put it into another pot, and on Friday morning, in consequence of my not taking it up again, he was quite, in a rage—I am not aware that he was afraid that persons were going to injure him—when he came in in the evening, he called for a cup of tea, which I made, and he called for his bill, and I gave it him—I went up to see if he was ready for his tea, and he was in bed, and apparently asleep—not a word passed between us—I went down again, and waited till my husband came home—it was about 9, or 20 minutes past 9 o'clock, that I went up and found him asleep, and my husband came home a little before 10 o'clock—I did not go up after 10 o'clock, until my husband went up—I went up with him, and took the light—his notice had expired that night—he was making a dreadful noise over our heads, and my husband said he would go and see what it was.
RICHARD WALLIS . I am a surgeon, and live in the Hackney-road—I was called in to attend Mr. Wayman, on Saturday night, 30th June—I found a very extensive wound on the left arm on the under part, as if it had been received while protecting his head—it was six or seven inches in extent—there were three wounds of a slighter nature; two on the bend of the arm, and one on the back of the hand—that on the arm was certainly inflicted by a sharp instrument—he had lost a great deal of blood—I do not know the prisoner at all—I never saw him till he was before the Magistrate—his conduct then was very violent and extraordinarily irritable, and he appeared to me quite in an unsound state of mind—I expressed that opinion to the Magistrate.
(The prisoner's statement before the Magistrate was read as follows:—"He dragged me out of my bed; I said they were coming to murder me.")
(The prisoner received a good character.)
( GUILTY of unlawfully Wounding .) Aged 45.— Confined One Month.
NEW COURT.—Wednesday, August 22nd. 1855.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. RECORDER; Mr. ALD. FINNIS; and Mr. Ald. CUBITT.
Before Mr. Recorder and the Fifth Jury.
MR. COOPER conducted the Prosecution.
THOMAS LEADER (City policeman. 573). About a quarter before 8 o'clock at night, on 27th July, I was on duty in Lombard-street—I passed Mrs. Collinson's shop, No. 35, Lombard-street, and saw the two prisoners in the workshop, which is under the shop—the shutters of the shop were up—in consequence of suspicion I watched about five or ten minutes, and saw the two prisoners come out; McAllister had a parcel under his arm, tied in this handkerchief—I stopped him in the street, and asked him what the parcel contained—he told me, a few old pieces of copper, the rakings and sweepings of the shop, which his master had given him leave to take away—Neale said, "Oh, that is all right, policeman"—I requested to look at the parcel, and found it contained some copper—I said, "You must go back with me to your master, and hear whether it is all right"—McAllister said, "We have no master, the business is carried on by two ladies"—they went back to the door, and I asked to see the ladies—they both made the reply that the ladies did not live there, they lived in the country—I then took the prisoners to the station in Mark-lane, and in going along I saw Neale drop from his left hand coat pocket, a small parcel over a grating of a sewer—it fell crossways, and did not go through—I picked it up, and it contained half a dozen spoons—these are them—I took the prisoners to the station house, and searched McAllister—I found in one of his pockets this piece of pewter and these four metal spoons, they are quite new, and in his other pocket these half dozen of spoons of the same kind—I found in the handkerchief this copper bent up, which forms a coal scuttle or part of a coal scuttle—I did not say anything to him or make him any promise, but he said, "We took the spoons, but the copper we had a right to"—"the other things," I believe, were his words—Neale was in hearing at that time.
Cross-examined by MR. LILLEY. Q. How near was Neale at the time McAllister said this? A. Standing as near to him as he is now—I first addressed Mc Allister, and he said, "These are the rakings and scrapings of the shop, which our master gave us leave to take away," and Neale said, "That is all right, policeman"—I do not think Neale said anything more till at the station—they both said that the ladies did not live there—I took Neale into custody—I told them they must consider themselves in
custody—Neale walked by the side of me—he might be half a yard behind me sometimes—it might be a quarter of a mile from where I stopped the prisoners, to the station—I walked between them the greater part of the way—I had not hold of Neale—they made no resistance.
Cross-examined by MR. THOMPSON. Q. What was it that McAllister told You about the spoons? A. He said, "We took the spoons, but we had a light to the other goods"—he stated that before the inspector, when I searched and found these things on his person—I heard McAllister make a statement before the Magistrate—I could not tell you what it was—that was not my regular beat—I am there perhaps twice a week—I was on duty there that evening—I am an ordinary constable.
JOHN ABBOTT . I am foreman to Elizabeth and Jane Collinson, at No. 35, Lombard-street—they are tin plate workers and ironmongers—the prisoners were in their employ under me—they worked in the warehouse under the shop—I left the shop about 6 o'clock that evening—the proper time for the men to leave was 7 o'clock—that is the usual time for shutting up—Neale has been upwards of twenty years in the employ, and McAllister about twelve months—I left the shop at 6 o'clock that night under the guidance of the nephew of the ladies, Edward Fancourt—his duty was to see the prisoners out, as I have always done—he is twenty-four or twentyfive yean old—there was one gentleman above me, Mr. John Watson, he is dead—he was the late foreman—I am foreman now, and have been so six or seven weeks—I have been in the employ seventeen year—we had such spoong as these in stock to the best of my belief, especially the tea spoons, they are the property of my employers—these pieces of copper would not be considered scrapings, decidedly not, nor bits that a man would be allowed to take away—the men would not be allowed to take anything without the permission of the foreman—since I have been there I got them to clean out the workshop, which was in a very dirty state, and under the benches were some pieces of old iron, which I allowed them to take away instead of giving them beer—but these things produced would not be allowed to be taken by anybody—no one would be allowed to take this solder, being costly metal—this piece is worth 5s. or 6s.
Cross-examined by MR. LILLEY. Q. You were porter there for some time? A. Yes—that was my duty, till I was made foreman—Neale was a workman in the employ—I have known that goods have been supplied at cost price to workmen—these spoons are Britannia metal—they were manufactured by Dixon and Son, who are large manufacturers—these spoons are a common fiddle pattern—it is not the improvement that they now adopt—it is the old style—my employer's nephew is not here, he is at the shop—I believe this copper formed a part, or it might be the whole, of a coal scuttle—I also know there were two or three coal scuttles on the premises.
COURT. Q. You have sometimes known goods to be sold to the workmen? A. Yes; in this way, if a workman wishes for an article he would come to the foreman and tell him. he wanted it, and he would signify the price without any profit—it ought to be entered in the book by the foreman.
MR. LILLEY. Q. Had you some pewter pots on the premises? A. There were some, but this piece of metal is solder, a composition of pewter and tin—pewter pots are made of pewter—the pewter pots are there now.
COURT. Q. Did either of the prisoners come to you about any of these things? A. They did not.
Cross-examined by MR. THOMPSON. Q. About a week before this had there been a clearing out of the workshop? A. Yes—these tea spoons appear to me more like our pattern than the others, but I have been foreman so short a time, I do not exactly know.
(The prisoners received a good character).
NEALE— GUILTY . Aged 46.
McALLISTER— GUILTY . Aged 22.
Recommended to mercy by the Prosecutrix.— Confined Six Months.
CHARLES POWELL I am staying at the Queen's Hotel, St. Martin's-leGrand. I am in the merchant service—I have just left the ship George Marshall—I was third mate on board—I came on shore on 11th Aug.—on the 15th I was out, about 2 o'clock in the morning; I had been with some friends—I was on Ludgate-hill—I was then alone—I saw the prisoner, she followed me up into St. Martin's-le-Grand—she asked me to treat her—I gave her a half crown—I took my purse out to give her the half crown—my purse fell down on the pavement, and some silver fell out—I picked some of the silver up, and put it into the purse—I examined the purse, and found 3l. 10s. in gold in the interior of the purse, inside—that part of the purse did not open when it fell down—I put the purse into my pocket—the prisoner remained near me, and wanted to take me somewhere to have something to drink, and in about a minute afterwards I saw my purse in her hand—I took it from her, examined it, and the gold was gone—I am sure I put the purse in my pocket—I told her she had taken the gold from the purse, and asked her to give it me up—she said she had not taken it—I took a half sovereign from her hand—she appeared to put something in her mouth, and I heard something very much like gold, rattle in her mouth—I lost three sovereigns.
JAMES ALFRED LAMMAS (City policeman. 274). I was called to take the prisoner into custody about a quarter past 3 o'clock that morning, in Angel-street, St. Martin's-le-Grand—the prosecutor gave her in charge for stealing 3l. 10s., in gold—when I went up he was getting the purse and the half sovereign from her; they were struggling—he was opening her hand, and getting the purse and the half sovereign from her—she could hardly speak, she was black in the face, and appeared to be choking—I took her to the station—there was a half crown found on her—I received this porte monnaie from Mr. Powell, and this half sovereign—this old coin was in the purse, and this shilling.
GUILTY . Aged 20.— Confined Six Months.
THIRD COURT.—Wednesday, August 22nd, 1855.
PRESENT—Sir GEORGE CARROLL, Knt., Ald; Mr. Ald. FINNIS; Mr. Ald. CUBITT; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Seventh Jury.
PLEADED GUILTY . Aged 26.— Confined Three Months.
PLEADED GUILTY . Aged 42.— Confined Six Months.
PLEADED GUILTY .** Aged 23.— Confined Twelve Months.
ROBERT STROUD . I am shopman to Samuel Skinner, of Aldgate. About a quarter past 9 o'clock on the evening of 18th July I was collecting the goods for the night—I turned round, and saw the prisoner take two coats, a pair of trowsers, and a waistcoat—I ran after him, and caught him by the collar in Church-row—he dropped the goods, and wanted to know what I wanted with him—I took him back to the shop, and told him that he had taken the goods, and he should either pay for them or be locked up—he said that he could not pay for them, but would leave a deposit on them—I gave him into custody.
ALFRED STRIDE (City policeman. 566). I took the prisoner, searched him at the station, and found on him a half crown, a shilling, a sixpence, a halfpenny, a ring, three watches, a knife, a tobacco pipe, and a key (produced)—he said that it was not him, it was a man who was passing by.
Prisoner's Defence. I was coming from the India House, and the man took hold of me; there were a great many people on the pavement; a person behind me threw them down.
GUILTY . Aged 21— Confined Three Months.
NOT GUILTY .
PLEADED GUILTY . Aged 20.— Four Years' Penal Servitude.
MR. BALLANTINE conducted the Prosecution.
DANIEL JEWITT . I am clerk to the prothonotary of the Sheriff's Court, London. On 21st June a cause of Burrell v. Platten was tried before Russell Gurney, Esq., in the Sheriff's Court—this (produced) is the postea—the prisoner was examined and produced this order—I heard him sworn, and give evidence with regard to it; he said that it was in the same condition then as it was when the party signed it—it has been retained by the Court.
Cross-examined by MR. STRATTON. Q. Are the signature and the body of the document in the same ink? A. There seems to me to be a difference; I think the signature is written with ink which is much paler than the other—I have examined the paper carefully, to see if there have been any pencil marks on it, but cannot discover any—the case was tried before his Lordship, who decided on not committing the prisoner for perjury because the man was to be taken before a Magistrate for forging this document—I attended at Guildhall, and produced this order before the Magistrate—the prisoner was sent by the Magistrate's order down to Norwich, and was tried there at the. last assizes for forging the document, and was acquitted.
MR. BALLANTINE. Q. I believe there were several charges? A. There were five indictments—he was tried on three, to the best of my recollection, and acquitted on all.
ROBERT PLATTEN . I keep a grocer's shop at Billingford, in Norfolk. On 3rd March, 1854, the prisoner came, saying that he came from Burrell and Co., for orders for tea papers and paper bags; I said that I did not want any; he said that he bad got orders from the neighbours round—my neighbours' names were on the paper, and that induced me to give him an order by word of mouth for 28 lbs. of tea paper at 6d. per pound—14 lbs. was to be cut for half ounces, 10 lbs. for ounces, and the remainder for two ounces—he asked me if I would have them printed on; I said no, that printed papers were of no use to me; he said that I might as well have them printed as not, as there was no difference in price, but I said that I would have them plain—he wrote the order down with a pencil—this (produced) is part of the paper on which he wrote, but it was larger than this—I saw the order after he wrote it, and wrote my name at the bottom—this is like my name on this paper, but the paper was a good deal larger, and was double—I wrote nothing but my name—the paper was ruled with pencil at the top—there was pencil writing at the top, and I wrote my name at the bottom, almost the length of the paper from the pencil writing at the top—there was then no pen and ink writing on it—the prisoner said, "Perhaps you will write your name yourself," pointing to the bottom of the paper, and I did so—I believe this to be my writing, unless it is copied very closely from it—I did not write it in pencil, but with pen and ink—my wife was present and another woman—about three weeks afterwards I received my papers, printed, and afterwards an invoice was sent down, but I would not pay it—I had an action brought against me in the Sheriff's Court, London, where the prisoner said that I owed him 7l. 9s. 9d.—the order I had given him only amounted to 14s. (The writ was here produced, and was for 7l. 9s. 9d.)
Cross-examined. Q. Did not the prisoner show you a paper containing samples of printing? A. He had a paper, but I did not look at it; I said that it was of no use; it was a card—he wanted me to have a specimen printed on my papers, but I objected, as they would have been of no use in my small shop—I first spoke to Mr. Miller on this matter, and he advised me to speak to Mr. Drake—I made my statement to the Judge in London, then before a Magistrate in London, then at Norwich before the Judge, and then I came up here—I did not wish to have printing on my papers; it was not that I did not want to pay for the printing, because he said that it was all the same price; the reason was because I had nothing in my shop—my returns are not 120l. a year—I thought he was telling me the truth when he said that there would be no extra charge for printing—he said that there was no extra charge, but that he printed them for the sale of them—this is like my writing—I wrote with my own pen and ink—if Mr. Ballantine has said, in his opening, that I had no pen and ink, he is wrong—the paper on which I signed my name was two or three inches larger than this—I should think the pencil writing occupied four lines at the top, and I signed at the bottom—I signed where the prisoner told me—I do not sign receipts in the same way—this is not a receipt—I signed it as a direction—I am sure the writing was in pencil—it was a common piece of pencil, similar to this (the end of a pen holder)—I do not know whether my wife or the other woman saw what was written on the paper, but one of them can-not read—I keep books—I made no memorandum of this order, or of the call
of the traveller—when the goods came down I opened them, and saw that they were printed—there was no bill with them—I got the bill in about a week—I expected that it would come to 14s., which was to be paid on his next round—he came round three times a year—I thought the price a good deal more than I ought to pay—I stated at Norwich that the paper was larger than this, and I did at the Court here—I also said so before I was at Norwich—I did not say before the Judge in London that the writing on this paper was in pencil—I said that there was not anything in pencil—I think I have a clear recollection of what I said; it might be the same thing, but not in the same part—I did not say that the pencil writing was where the ink now is—nobody said anything to me about pencil writing—I told Mr. Miller that what was written on the paper I signed was in pencil, and he told me to go to Mr. Drake—I told Mr. Drake that it was in pencil—I may know, if I see him, a person named East, who was subpœnaed, and was at Norwich—I have not heard of an action brought by Mr. Burrell against Mr. East—I did not write to London for the bill of the goods, nor did I get anybody to write for me till I got to Mr. Drake's, not till after I bad had a lawyer's letter—I first saw this order in London at the trial before the learned Judge—I did not know till that day that it was in ink—I had not heard from Mr. Drake my attorney, or anybody else, that it was in ink.
Q. If you had not heard that it was in ink, how came you to say to any-body that it was in pencil? A. Because it was written in pencil—I was at Norwich at the trial—there were several prosecutions for forging this document—I was one of the prosecutors—the prisoner was acquitted—I do not know that the learned Judge said that it was a mere contract as to the bargain, or that it might have been a very good reason for resisting the payment, but that it did not make a forgery—there was a conversation as to the quantity and the size into which the paper was to be cut—the price was to be 6d. per pound, which was put down according to my order—I was on one side of the counter, and the prisoner on the other—I think he wrote on a book in his hand—I cannot tell how long he was writing it—when he had written it, I wrote my name on it—I saw at the time that my name was a long way from the pencil writing—the direction was not in pencil at the top—I have not sworn, over and over again, that "R. Platten, grocer," was at the top—I did not put "Billingford," because I was not asked.
MR. BALLANTINE. Q. This is the invoice, is it not? A. Yes; it is not the same as I saw written in pencil—the items are entirely different.
SUSANNAH PLATTEN . I am the wife of Robert Platten. I recollect the prisoner coming about some tea papers—he showed a large sheet of printed paper, and asked for an order—my husband refused, saying that we did not want such things; and after pressing us for a little time, and saying that the price was 6d. per pound, my husband gave an order for 28 lbs., at 6d., which was taken down in writing, with a cedar pencil, by the prisoner, who then asked what my husband would have printed—he said that he would have nothing, as in our little way of business it would not answer—the prisoner said that there was no further expense in printing; and then he asked my husband his name, and said, "Perhaps you will write it yourself?"—my husband took a pen and ink, and wrote his name at the bottom of the paper, where the prisoner pointed—this is my husband's writing (looking at it)—the paper was longer than this—when doubled it was about this length—when my husband wrote his name, there was nothing on it in ink, except Eliza Capp'a name—I cannot say on which side that was, but he showed it
to us before he put the order down—with the exception of Capp's name there was no writing at all; there was a blank place down to my husband's name.
Cross-examined. Q. Your husband said, did he not, that he would not go to the expense of having them printed? A. Yes; and Elverston said, that there would be no extra charge—my husband did not have them printed, because they would be of no use to us in our business—I was not called at Norwich to give evidence, and was not examined there—I did not see what was on the paper—I saw my husband sign his name, with his own pen and ink—Elverston wrote the order on his hand on a stiff card or book, if was cedar pencil writing—I did not see him with any bottle—he did not put the cedar pencil into his waistcoat pocket at all—I cannot tell whether that pen in your hand has the same appearance, but I saw the pencil writing, and the pencil was only about four inches long.
AMELIA HOWARD . I am the wife of John Howard, of Billingford—I know Mr. Platten's shop—I saw the prisoner there, and heard what passed (I have been out of Court)—the prisoner asked Mr. Platten if he wanted any papers—he said, "No"—the prisoner pressed him to take some, and after a few minutes he gave an order for 28 lbs. at 6d. per lb.—the prisoner pulled out a pattern and placed it on the counter for him to choose a pattern to have them printed; Flatten said that his trade was too small, the prisoner pressed him very much, but ho would not—I saw him write down the order with a piece of cedar pencil—I was close to him—this produced is like it, but I cannot read—the paper was much longer than that—the prisoner asked him his name—he said, "Platten"—the prisoner said, "How do you spell it? perhaps you will be so good as to write it"—and he wrote it with his own pen and ink.
Cross-examined. Q. Have you always said that the paper was longer than this? A. Yes; Mr. Drake, the attorney, first asked me if it was longer, that is some time ago—I was in London at the trial before the learned Judge, and gave evidence—I of course stated about the paper being longer than this—I have said so all the way through.
COURT. Q. Were you asked the question at the trial? A. I am not exactly able to say, but I think I was—I saw Platten sign the paper, but could not read it—I cannot tell you whether what was on it was the order Platten gave—I first learned that the order was in writing when I saw the man write it down, and I learned that it was in ink when I saw it in London—I had seen Mr. Drake before I came to London, and told him what evidence I could give—I told him that it was written in pencil, but what was done to it afterwards I cannot say—I stood close to him and noticed what it was written with, I was looking at him—I was there after my business, but I took particular notice—I state positively that it was a pencil that it was written with—the prisoner said, "Have it printed"—Platten said, "No; because of the charge"—Elverston said, "There is no further charge"—a further reason assigned was, because he did not wish to give them the trouble.
WILLIAM DRAKE . I am a solicitor of East Dereham, in Norfolk—the clergyman of the parish introduced these matters to my notice, and the action was compulsory—we forced them to trial—the action was brought in June, 1854, but was not brought to trial till 1855—I heard the prisoner's examination, I did not put any questions to him; Mr. Prentice was the counsel, and I took down some of his questions—I have a memorandum of what I took down—Mr. Prentice asked him, Q. "Will you swear that
you wrote that order before the defendant wrote his name on that paper? A. I do swear it most unquestionably. Q. Will you swear the order was in pencil the same state as when the defendant wrote his name to it? A. Yes; I will."
Cross-examined. Q. Were you at Norwich? A. Yes—the prisoner was tried there, that was for forging the latter part of this document—he was acquitted—there were five indictments against him; he was tried on three, and acquitted on them all—this was not the last of the three, there was another afterwards—I will not positively state whether it was the first or the second—the question before the learned Judge in London was not the genuineness of the latter part of this order, it was the genuineness of the whole order: until the order was produced in Court, we had no means of knowing whether it had been altered—on the trial in London, the question was, whether it was forged—the Judge directed the order to be impounded, and the prisoner to be taken into custody—I had never seen the order before the trial, my agents inspected it, but did not communicate to me whether it was written in pencil or ink—the question at Norwich was whether it was forged or not—Platten only was examined, when the Judge stopped the case, because it did not amount to an order for the delivery of goods under Jervis's Act, so as to make it a statutable offence—the Judge said that that would be a good reason for resisting the payment, but that it was not a forgery; and that the proper course was that which is now before the Court—the Judge did not stop the case, and tell the Jury that they could not convict on Platten's evidence; his observation was, to the best of my belief, that it was the same as the other cases which he had just dismissed—I do not consider that it was on account of the badness of Platten's memory at all—the Judge said that it was a question on contract, and that the proper way would be to try it by an indictment for perjury—I mean to say that, and he said it also next morning, in my presence, to one of the committing Magistrates.
GUILTY . Aged 60.— Confined One Month in Newgate , and afterwards Four Years' Penal Servitude.
PLEADED GUILTY . Aged 27.— Confined Six Months.
PLEADED GUILTY . Aged 33.— Confined One Month.
MR. STRATTON conducted the Prosecution.
ANN BOXALL . I live at No. 40, William-street, Hampstead-road. On 23rd July, about half past 2 o'clock in the morning, I was awoke, and heard a noise as if the sash of the window was lifted up; I spoke to my husband.
ANN OWENS . I live at No. 40, William-street, Hampstead-road. I was awoke about half past 2 o'clock on this morning by some one calling out—I got up, went to the back room, and saw three men come out of the back room into the yard, cross the yard, and go through the passage into the street—I called "Police!" as loud as I could, waited till I heard a scuffling noise in the passage, then dressed myself, went down and saw a parcel lying
on the counting house desk, and the door broken open—they had got in at the window, two panes of which were broken, the fastenings undone, and the shutter let down—I had closed the counting house at 10 o'clock on the night before.
Cross-examined by MR. M'ENTEER. Q. Are you sure of the house being locked up the night before? A. I did not lock it up.
WILLIAM BOXALL I live at No. 45, Hampstead-road. I was in bed with my wife, and we both heard a noise in the house—I got up, went on to the landing, listened, and was quite certain there was somebody in the house below—I called to Mrs. Owens and asked her if she was about the house; she said, "No"—I put on part of my clothes, went into the street, and saw the prisoner in the hands of the police and the lamplighter—I found the counting house broken open—I picked up these keys (produced), and here is the hook of the door, which laid on the floor, and this screwdriver on the step of the door—I heard the prisoner tell the policeman that he was innocent.
Cross-examined. Q. You found the screwdriver outside the street door? A. Yes—the other things were in the counting house.
JOHN GIDDINGS (policeman, S 75). On the morning of 23rd July, about half past 2 o'clock, I was on duty in William-street, and heard a cry from No. 3, of "Police! there are three men in our yard"—I burst open the front door, and saw three men rush towards me; the prisoner was one of them—I laid hold of him and took him to the station, the others escaped—a person came up, and said that the prisoner was innocent, and then he said that he was innocent—I examined the house; they had got over a wall seven feet high, broken two panes of glass, and lifted up the bottom sash of the counting house—I searched the prisoner, and found this knife and a box of matches (produced)—these other matches I found outside the room—they are all silent matches.
Cross-examined. Q. Are not they the ordinary matches? A. No; one of them was struck at the Magistrate's office—the prisoner did not say that he was innocent till another man came up and said so—the man who said so appeared to me to be a ticket of leave man—there is a back door to the house, but it did not appear that they had got in there.
JOHN DAVIS . I live at No. 11, Charles-street, Hampstead-road, and am a gas lighter—rat a quarter to 3 o'clock on this morning, I was going to turn the lamps out, and heard a female voice calling out, and saw the prisoner in custody, and two men run across the Hampstead-road—the prisoner was making a violent resistance, but was taken—the other two ran away.
(The prisoner was further charged with having been before convicted.)
JAMES GOUGH (policeman). I produce a certificate—(Read: Clerkenwell. Daniel McCarthy, Convicted May. 1851, of stealing money from the person. Transported for seven years.)—I had him in custody—he is the person—I do not know how long he has been out—I believe he has a ticket of leave.
Cross-examined. Q. Are you quite sure he is the same man? A. Yes; I have known him from his childhood.
GUILTY.**† Aged 20.— Four Years' Penal Servitude.
MR. PULLEN conducted the Prosecution.
On the afternoon of 19th Juno, about half-past 3 o'clock, I was near Westbourne-terrace, and saw a crowd—two men were fighting; they fought for four or five minutes, and one of them left the other, went to some buildings, and brought the prisoner, who acted as second to the man who was afterwards taken into custody for fighting—I saw Mr. Austin there trying to prevail on the men to go to their work; he had hold of one by one collar, and the other by the other—at that time the prisoner was standing directly opposite me speaking, but I do not know a word he said, as it was not English—he left me, crossed over the road, went to some elevated ground where some rubbish had been shot, picked up a stone or a brick, and threw it into the mob—it struck Mr. Austin on the back of the head behind the ear—it was about one-third of the size of a brick—he was about five feet from him—he then ran away—Mr. Austin fell, and I saw the blood gushing from the wound, and likewise from his face—I saw the prisoner a fortnight afterwards at the Police Court, Paddington-green, and recognized him—I am certain he is the man.
Cross-examined by MR. METCALFE. Q. You were fetched to the station by a policeman on purpose to see him? A. Yes—there were about forty people who kept fighting, and from forty to sixty persons assembled; mostly all of them had builders' dresses on—the prisoner was dressed in a corduroy jacket and trowsers, with a white smock and a cap—I had never seen him before to my knowledge—no other stones were thrown to my knowledge—I did not see Mr. Austin struck by any blows—I was on the kerb stone—they fought from twenty minutes to half an hour.
COURT. Q. When you were taken to the station, was the prisoner alone or with others? A. There was only one constable sitting by his side in his constable's dress.
OCTAVIUS ADOLPHUS FIELD . I am a surgeon of No. 4, Stanhope-terrace, Hyde-park. On 19th June, I was sent for to attend Mr. Austin, and found him very, ill suffering from a blow at the side of the head—he had been attended by another medical man first—he was in an alarming state of danger, and continued so about a week, after which he gradually improved—the wound was not very large, but it was the concussion of the brain which was serious—it was a triangular cut, such as might be produced by the corner of a brick, or something of that kind—his hat had a triangular cut, which corresponded with the blow on the head.
----(policeman, D 67). Cross-examined by MR. METCALFE. Q. When you took the prisoner, you told him that Sergeant Delaney wanted to speak to him? A. Yes—he said that he only came to the fight, as well as the rest.
MR. METCALFE called
Cross-examined by MR. PULLEN. Q. Were not you at the row on the 18th, at Westbourne-terrace? A. I was at Mr. Wells's—I saw a fight between two men that evening—I never saw Cavannagh there—I was there the whole time, and Mr. Austin fell on my legs at the time he was struck by the stone—I saw the stone strike him, and collared the man, but he got away from me—I held him till he took me half way up the terrace—ten or eleven of them were coming down, and I let go of him, thinking that the job was too hot for me.
COURT. Q. You say that you were close to Mr. Austin when he was struck? A. He fell on my legs—the person who threw the stone came up and punched Mr. Austin twice, he then stepped three paces back into the road and threw it—he was about nine feet from the kerb when he threw it—Mr. Austin seconded one of the men who were fighting, in four rounds, and I have got witnesses to prove it—I acted as second against him—he even lit his cigar at Mr. Wells's house, and came out and patted the man on the back, and told him to fight fair.
(The prisoner received a good character.
GUILTY of unlawfully wounding. Aged 27.— Confined Six Months.
MR. PLATT conducted the Prosecution.
JAMES WHITCOMB . I am a beer shop keeper, of Canal-road, Kingsland-road. I know both the prisoners—they came on Monday night, 16th July, at a little before 12 o'clock—the house was closed, but they forced their way in—they called for a light for a pipe, and some beer, which I supplied; and when it was 12 o'clock, I told them to drink their beer and go—they threw down a sixpence, but I told them to take it up again—I went round the bar to clear the house, and Teehan struck me a violent blow on the nose with his right hand, and on the arm also—I fell down, and they both kept on punching me, got hold of my hair, and kept knocking my head on the ground—they then both ran out, and I missed 3l. 10s. in gold, and 2l. 10s. in silver, from my trowsers pocket—I believe there were two half sovereigns—the money was safe immediately before they came in, because I had both my hands in my trowsers pockets—Teehan was afterwards brought back, and I recognised him.
Cross-examined by MR. SLEIGH. Q. You had known him for some time? A. Yes—I had had some disagreement on a previous occasion with Knight—there had been some altercation with him about a ring which I lost some time ago—I did not charge one of them with having stolen it—I said I had lost it, and they were in company when it was lost—I did not accuse either of them of taking it—this is the second time I have been in a court of justice as a witness, but I have been as a prisoner—I think it was about two years ago that I was first in custody—it was for being in liquor, and insulting a woman—I have never been charged with stealing—I adhere to that statement—Mr. Orson, the butcher, of Hoxton, did not charge me with stealing, nor was I taken to a police court on a charge of stealing from his shop, or from there to a police office—a police officer took me, as well as another, but I was identified wrong, and discharged—the charge was stealing a bit of mutton—I have never been charged with stealing a pocket handkerchief—I was in Mr. Morris's employment about twelve months—he did not charge me with stealing a pocket handkerchief of his—he had lost a handkerchief, but it was found out that a young man had it—Mr. Morris is a chair maker—I was not discharged by him immediately afterwards—I was in his service six months afterwards, and more—I have been in custody more than three times for assaults, for keeping bad company—I have kept a beer shop about six weeks—I pay 1l. a week rent—before that I was a chair coverer—I was not last in Mr. Morris's employment—I got the money to take the public house by working hard—the last imprisonment I had did me good—the last time I was in prison was for a drunken assault—John
Hooker lives in the house besides me—he was in the house while this robbery was going on—he was not at the bar at the time these men knocked roe clown—I paid 30l. for getting into the beer shop—since I have been there I have been taking 3l. and 4l. a day, on Saturday, Sunday, and Monday—I lost the ring at Hoxton Old-town, in the street, against the Unicorn—I passed there, and three or four men stopped me, made a noise, and tried to get up a row—it is four or five years ago—I have known Knight the longest—I addressed myself to him about the ring—I have known Teehan about three years—I had not mentioned anything of it to Knight before that—I was never in company with him.
Q. Was not it immediately after you spoke to him about the ring that he struck you? A. He did not strike me; Teehan struck me—they did not both say that I deserved to be well horse-whipped for making any such charge; he said that I deserved to have my b——throat cut—that was not for making such a charge—I know a person named Gibbs—he is slightly a partner of mine—he is not the person who set me up in business—he did not lend me the money to set up—he is not half in the affair—I am obliged to give an account to him of all the money I take in the day—he counted the money out to me on this night, before they came in, and I said, "I will fasten the door while you count the money"—he is not here—I had taken the money during the day—he was there when the prisoners came in, and I asked him to stop till they had gone away, but he said, "It is all right," and went away, just before the assault—I have known Knight for a long time—he and I had not a fight some time ago—he struck me within the last few years—that was not when I was taken before a Magistrate for assaulting an old woman; it was before that—I know a man named Foul; he knew both me and Knight—I did not offer Foul 10s., or any sum, to thrash Knight.
JOHN HOOKER . I am a bootmaker of Hoxton. I was at Mr. Whitcomb's when the prisoners came in; they called for a pint of beer and a light, which was given to them; they drank part of the beer, and Mr. Whitcomb asked them to leave the house as he wanted to close it, and told me to go and open the door for them, which I did—he told them to make haste and drink the beer and leave the premises, as it was after the time—he asked them a second time to leave; they said, "What do you mean by asking us to leave when we have only been in a few minutes? d—n your eyes, you want to start us when we have hot been in many minutes"—Mr. Whitcomb said, "You had better go; you have not come for any good purpose, coming so late;" and Teehan struck him on the mouth, knocked him down, and they both fell on him—I ran up the street, returned in three minutes, and they were still knocking him about—they ran away, and he complained of having lost his bag of money.
Cross-examined. Q. Before any blow was struck, was anything said about a ring? A. Yes—I have lodged with Mr. Whitcomb about six weeks; he has had the house two months—he has got a partner of the name of Gibbs, he is my brother in law—he is not the man who set up that business, and found the money—he was there that evening a quarter of an hour before, and he was in the house when the two young men came in—he generally came between 5 and 6 o'clock, but on this evening he had been there all the evening—Mr. Whitcomb was in the bar, and Mr. Gibbs had just come through, out of the cellar—I saw them settling their accounts that evening—I was in the parlour with them; Mr. Gibbs counted 3l. 10s. in gold and silver, put it into a little bag, put it into Mr. Whitcomb's pocket, put the coppers into the till, and left the house—I was present when the first blow
was struck; it was before any blow was struck that that language was used—he did not charge any of them with having the ring; he said that they were with the parties who took it.
THOMAS CARTWRIGHT (policeman, N 281). About half past 12 o'clock on this night, I heard cries of "Police!" and "Murder!"and met the prisoners coming from the house walking—I asked them where the disturbance was—some one said, "Lower down, policeman," and then the prisoners said, "Lower down, policeman"—I went to Mr. Whitcomb's, and then went after the prisoners again and took Teehan—he said that he knew nothing about it—I took him back to the house and the prosecutor said, "That is the man"—he had no cap on, his cap was found afterwards in the beer house.
Cross-examined. Q. Did you mention Mr. Whitcomb's name? A. No; I said it was for a robbery at the beer shop in the Canal-road.
WILLIAM TWIST (policeman, N 456). On 17th July, I took Knight—he asked what I wanted him for—I said, "For assault and robbery at a beer house in the Canal-road"—he said, "I was not there at all"—at the station he said, "I was there, but I did not rob him"—I took him at half past 9 o'clock the same morning.
Cross-examined. Q. He said that it was a row between Whitcomb and him, in consequence of Whitcomb having charged him with stealing his ring? A. Not to me—he did not say to me, "I committed no robbery, but struck Whitcomb, because he charged me with stealing a ring;" but he admitted the assault.
(The prisoners' statements before the Magistrate was here read, as follows: Teehan says, "He had lost his purse before I went into his house; I deny robbing him, I never saw any money"—Knight says, "I deny the robbery.")
(Knight received a good character).
TEEHAN— GUILTY of assault. Aged 24.
KNIGHT— GUILTY of assault. Aged 28., Confined Six Months.
OLD COURT.—Thursday, August 23rd. 1855.
PRESENT—Mr. JUSTICE ERLE; Mr. Ald. COPELAND; Mr. Ald. FINNIS; and Mr. Ald. CUBITT.
Before Mr. Justice Erle and the Third Jury.
785. COSMO WILLIAM GORDON was indicted for that he, having been duly adjudged a bankrupt, feloniously did fail and omit to surrender himself, pursuant to notice, upon the day limited for his surronder.
MESSRS. BALLANTINE and POLAND conducted the Prosecution.
THOMAS HAMBER . I am a messenger of the Court of Bankruptcy, to Mr. Commissioner Goulburn. I produce the proceedings in the bankruptcy of Davidson and Gordon—the petition was filed on 20th Jan., 1854, by John M'Millan of the city of Glasgow, manufacturer (MR. MONTAGU CHAMBERS for the prisoner, objected to the reading of the petition, inasmuch as it contained erasures and alterations, the name of the county being altered from Middlesex to Essex, etc.; at all events, he contended, it was inadmissible until the alterations were shown to be made by proper authority)—I believe the signature of Mr. Miller, the registrar, is to this erasure—it is Mr. Millers duty to register the documents that are brought to him.
MR. PARRY. Q. Is he the chief registrar? A. No, he is one of the registrars of the Court of Bankruptcy—this petition fell to his duty to register (MP. BALLANTINE submitted that, as the document bore the seal of the Bankruptcy Court, that was sufficient to render it admissible evidence. MR. JUSTICE ERLE received it on that ground, and would reserve the point if necessary.)
MR. BALLANTINE. Q. Do you produce among the proceedings the affidavit of the petitioning creditor, verifying the petition? A. I do (This was also read, after objection by MR. CHAMBERS, on the ground of similar alteration)—I also produce, among other proceedings, the deposition of James M'Millan, the proof of the petitioners debt, the trading, and the act of bankruptcy (The deposition was read after a like objection)—on 20th June, I believe, Mr. Commissioner Holroyd sat for Mr. Commissioner Goulburn—I cannot swear it—I cannot swear that Mr. Commissioner Fonblanque sat for Mr. Commissioner Goulburn on 21st June, I was not present—I produce the adjudication of bankruptcy under the seal of the Court (MR. CHAMBERS objected to its reception, first, on the ground of want of jurisdiction, the Commission being allotted to Mr. Commissioner Goulburn, and the adjudication being by Mr. Commissioner Fonblanque; and secondly, on the ground of various alterations, some having initials, and some not verified by the initials of any officer.)
MR. POLAND. Q. Have you seen those initials, T. B. H. A., upon the adjudication? A. I have not (looking at them)—I believe the letters are in the handwriting of Mr. Abrahall, one of the registrars of the Court of Bankruptcy—A is the last letter, I can hardly distinguish the others—he has three Christian names—he has put certain letters opposite the alteration in the name of Mr. Commissioner Fonblanque into that of Mr. Commissioner Holroyd—(The depositions being put in, were objected to by MR. CHAMBERS, on the ground of their containing alterations; but were admitted, bearing the seal of the Court)—on 21st June, I served a document at the office of the bankrupts, in Mincing-lane—I do not know the number, I did not perceive any names on the premises, but I saw the bankrupts' clerk there—I do not know who he was, I have not seen him here to-day; I do not know that I should recognise him—I went with Mr. George, a clerk of Mr. Linklater's, and left it where he pointed out—I produce a copy of the London Gazette. of 30th June, 1854 (MR. CHAMBERS contended that the Gazette was inadmissible, the bankrupts being described in it as of the county of Middlesex, which was a variance from their description in the adjudication, supposing the alteration there to be duly and properly made, and that therefore it was no legal notice to them. The Gazette was received and read; it required the bankrupts to surrender themselves to Mr. Commissioner Goulburn on 7th July next, and on 19th Aug. to finish their examination)—I produce a memorandum, under the seal of the Court, dated 19th Aug., 1854, signed by Mr. Commissioner Fonblanque (MR. CHAMBERS objected to this, as it was not pursuant to notice, the notice being to appear before another Commissioner)—I cannot tell from memory, whether Mr. Commissioner Goulburn sat on 19th Aug.—one of the Commissioners, no doubt sat on 7th July.
Cross-examined by MR. CHAMBERS. Q. Are you sure of that? A. I am not sure; I could not swear to it, I believe it—I had a warrant of seizure delivered to me—I believe it is on the proceedings; I do not know exactly, it may be there or not—I attended at the Court of Bankruptcy, in Mr. Commissioner Goulburn's Court, before 25th July; Mr. Pennell was the official assignee—I went to Mincing lane in company with Mr. George—I left one
document there, and one only—I did not deliver it to any person there—I left it on the premises in the ordinary way, in the counting house—the counting house was open.
FRANCIS GEORGE . I am managing clerk to Messrs. Linklater, solicitors to the petition—I accompanied Mr. Hamber, when he served the document, in Mincing-lane—I know the premises of Gordon and Davidson; it was their counting-house where the document was left—it was explained to the clerk there, and left on the desk—I have here a copy of a notice to produce—I served a copy of this upon Gordon this morning.
MR. CHAMBERS. Q. That was after he had been arraigned and pleaded Not Guilty? A. I do not know—he has been in custody for several weeks, not months—it was somewhere about 21st April—he has been taken before the Magistrate a great many times, I should say a dozen times since 21st April—there were examinations and depositions taken at great length, and remands from time to time—some of the remands were for longer than a week—they merely came up, nothing was done, and they were remanded again—I have not served any other notice on Mr. Gordon, or on his attorney.
MR. BALLANTINE. Q. I believe it was suggested to you to serve this notice this morning, and you immediately prepared it under our direction? A. I did so—(The notice being put in, was to produce the notice and summons alluded to.)
WILLIAM HAGGIS . On 26th July last, I served a paper at the counting house, Mincing-lane—I know the counting house of Gordon and Davidson, No. 14, Mincing-lane, by being there several times—I served that paper at No. 14, Mincing-lane, at the counting house there—I left it in the counting house—I have since searched the papers and documents at that counting house, and could not and the notice—I searched them all over, top and bottom; I did not and a notice of any description—I have a copy of the notice that I so served; it is a correct copy.
COURT. Q. You could not find either any duplicate of adjudication, or what you served? A. No.
Cross-examined by MR. CHAMBERS. Q. What are you? A. I am assistant to Mr. Hamber—I took possession on 21st June, 1854—I went with Mr. Hamber and Mr. George—it was under a warrant, all that I did was under a warrant—there was an official assignee, and, I believe, creditors' assignees—the search I made was at the counting house, in Mincing-lane, in the month of July, some time after it was served—I cannot say the exact day; it might have been a fortnight or three weeks after this was served—I had an order to go and find the summons I had left there, but I could not find it—there was nobody there when I left the paper—I had the keys of the premises, and I locked them up, and left them there—I opened the premises with the keys, went in and put the paper there, and then returned and locked them up again, and took the keys with me—I laid the paper on the mantelpiece in the first counting house on the left-hand side; there are two counting houses—I do not think I went to the premises after I searched for the papers—yes, three or four weeks after I went to see if I could find it—I did not go many times, only once to search—I only went once, when I went to search—I took care of the premises until I had orders to give the keys up—there was nobody to clean them—all the books and papers were taken away to the assignees the day we took possession—we took away every paper we could find, and all books of the trade; all books of account—we took possession on 21st June—all the papers we could then
find in the office were carried away to the official assignees, in Basinghall-street—I was at the office some length of time after that—I continued in possession of the counting house for rather better than three weeks after that; for a month—I locked it up, and went away—no one had access to it but me—the housekeeper, who used to do the premises, had a key when Gordon and Davidson had clerks there—they used to let them in to clean. the premises—I never let anybody in—I left the premises empty until I had orders to give up the keys—I did not give up the keys before I went to make the search—I cannot say exactly how long after it was.
MR. BALLANTINE. Q. Was it when you took away all the bankrupt's papers that you left the notice you speak of? A. No, not then; some time after that—this notice I took on 26th July.
COURT. Q. The other notice was left on the 21st; do you know anything about that? A. I saw Mr. Hamber put the notice on the desk; I did not take that away, it was left there—I saw it some time after that.
MR. HAMBER re-examined. The document I left on the 21st was under the seal of the Court, and I believe it to have been a true copy of the adjudication of bankruptcy—I did not compare them.
WILLIAM HAGGIS re-examined. I was there at the time Mr. Hamber left the paper, on the 21st June—Mr. Hamber, myself, and Mr. George, went on that occasion, and I saw the paper left there—I saw that paper on the premises; it might be a fortnight or three weeks afterwards—the clerks of Gordon and Davidson had no power of going in and out of the counting house after 21st June, unless it was during the time I was there—they might come in, but they went away the same day—I saw two clerks, but they never stopped afterwards.
Cross-examined by MR. CHAMBERS. Q. Did the clerks of the official assignee come there? A. No, I never saw them—I never saw the assignees there—I saw Mr. George there the first day we went, the 21st—the landlord of the premises did not come; an agent of the landlord did—I saw him, I think, about twice, not more—I was never away when Mr. Hamber was there, or any other persons—T was always stopping there.
FRANCIS GEORGE re-examined. I see the adjudication of bankruptcy here among the proceedings—a duplicate of this was made out in my presence—that duplicate was given to Mr. Hamber, and was the duplicate which he left at the counting house of Gordon and Davidson—I know nothing of the notice that was given to Haggis to serve on 25th July, except that I directed Haggis to go and search for it—there is a copy here of the paper served by Haggis, but I know nothing of it, except that I directed him to go and find it—the original of that notice's on the proceedings dated 25th July, and here is the affidavit of Haggis swearing to the service of it.
Cross-examined by MR. CHAMBERS. Q. Is that adjudication in your handwriting? A. It is not; it is in several handwritings—I was present when it was prepared by Mr. Hurniman, a clerk in Messrs. Linklater's office—it was partly prepared by Mr. Hurniman, prepared in blank—I had nothing to do with writing any part of it; I had nothing to do with writing the duplicate—I had something to do with seeing that the duplicate was a duplicate—that paper was prepared by Mr. Hurniman on the previous day—that paper was dated 21st June—that was prepared on the 20th, with another paper—I did not see that paper prepared on the 20th, nor the other—I saw them both together, before they were signed by the Commissioner when they were altered for his Signature—that was on 21st June,
before Mr. Commissioner Fonblanque—I did not make any alterations in it, but I saw the alterations made (looking at it)—the alterations of "copartners in trade and colonial merchants "is the handwriting of Mr. Hackwood, a partner of Messrs. Linklater—the 21st is, I believe, in the handwriting of Mr. Hurniman—I had taken the examination of one of the witnesses, and after the examination this document was completed, and I went with the messenger to serve it at the counting house on 21st June—I did not read one against the other, but I was present when Mr. Hackwood went through the two, compared them, and altered them, and they were signed by the Commissioner—I did not examine them one against the other—Mr. Hurniman is alive, he is not in London now—he is the son of Mr. Hurniman, the official assignee, of Manchester—there was a good deal to do on that day at the Bankruptcy Court—I had taken the examination of one of the witnesses myself, Mr. Taylor—I did not write it out, Mr. Huruiman wrote it down; I examined the witness—the documents were not handed to me—Mr. Hackwood corrected the documents—of course they were imperfect, having been prepared on the previous day imperfectly, and Mr. Hackwood altered the name of the Commissioner who was sitting on the previous day to Mr. Commissioner Fonblanque, and then handed it to the Commissioner for signature—it was Mr. Hackwood who did all that—I did not say that Mr. Hurniman made the alterations, he prepared the documents originally—he made one alteration—I think the date, the 21st, is in the handwriting of Mr. Hurniman, but I cannot tell the writing; I think it is Mr. Hurniman's—it was done at the time—I remember its being done—I was present at the time the documents were altered—I cannot remember that Mr. Hurniman did it—the proceedings were prepared in a great hurry—the alteration from Middlesex to Essex was made at that time—I will venture to say that I know of that alteration, of my own knowledge—I believe that I saw it done, I will not swear positively that I did—I saw this document on the day previously, prepared by Mr. Hurniman, being dated the 20th—it was prepared on the 20th, it then stood "Middlesex"—I will swear that it did not stand so on the 21st, when Mr. Commissioner Fonblanque signed it—the documents were prepared on the 20th, with Middlesex on them—I did not say just now that I believed I had seen the alteration on the 21st—what I said was, that I believed the alteration was in the handwriting of Mr. Hurniman—I alluded to the date of the 21st—I saw the alteration from Middlesex to Essex, and I saw this document as it now stands, before the Commissioner put his signature to it—I will swear I did—I said just now that I believed I saw it done—the alteration from Middlesex was a matter of conversation between me and others, relative to its being Middlesex or Essex—we at first supposed that West Ham was in Middlesex; we afterwards discovered it was in Essex, and then the alteration was made—I did not prepare the notice for the Gazette—I do not know who did—I presume it was prepared by the messenger—we had nothing to do with that.
(MR. BALLANTINE proposing to put in the duplicate adjudication. MR. CHAMBERS objected; first, because the notice served was insufficient; and second, because the adjudication was not shown to be in the possession or control of the prisoner. MR. JUSTICE ERLE would admit it, but reserve the question for the consideration of the Judges. MR. CHAMBERS further urged that in a joint bankruptcy it was not sufficient that one document only should be served; but that each bankrupt should receive a separate document. This point was also reserved.)
JOHN CHECKETT . I am clerk to Mr. Hamber, the messenger of Mr. Commissioner Goulburn. I made out the summons to the bankrupts to surrender—I made out two, one of them is on the proceedings—the other was given to Haggis to serve at the last place of business—they were both under the seal of the Court—I was present on 19th Aug. at Mr. Commissioner Goulburn's Court, from 12 o'clock at noon till 3 in the afternoon—neither Gordon nor Davidson surrendered—I proclaimed them in the usual way—there is upon the proceedings a memorandum of the non-surrender, signed by the Commissioner.
Cross-examined by MR. CLARKSON. Q. Are you quite sure that the paper you delivered to Haggis, bore the seal of the Court? A. Yes—I procured it to be put upon both—I did not examine them, but I made the two copies—Mr. Commissioner Holroyd was sitting on the occasion when the two documents had the seal of the Court put upon them—it was on the day the summons bears date—on 19th Aug. Mr. Fonblanque was sitting to take the surrender.
WILLIAM HAGGIS re-examined. I received from Checkett a notice to serve, on 26th July—it was a summons to surrender—it was the one I have spoken of—(The summons was here read, dated 25th July. 1854, requiring Gordon and Davidson to appear before Mr. Commissioner Goulburn on 7th July and 19th Aug.)
(MR. CHAMBERS contended that the summons was bad on the fact of it, inasmuch as it required the bankrupts to appear upon a bygone day, viz.. 7th July, the summons being served on 26th July; and that it was therefore incorrect in stating that 19th Aug. was the day limited for their surrender, for they had two days, upon either of which they had the choice of surrendering: it was further bad, in requiring them to appear before Mr. Commissioner Goulburn on 19th Aug., whereas it appeared that Mr. Commissioner Fonblanque was the Commissioner sitting on that day.)
FRANCIS GEORGE re-examined. I have no document or anything to show when the assignees gave up possession of the premises to the landlord—I did not manage the fiat, it was done by Mr. Iinklater—they were not given up until long after 25th July—I will not swear they were not; I do not know.
MR. HAMBER re-examined. I cannot say when the premises in Mincing-lane were given up to the landlord—I have no distinct knowledge whether it was before or after 25th July.
CHARLES WALKER . I am now living in Cloudesley-square. For three years previously to July, 1854, I was chief clerk in the employment of the prisoner and Mr. Davidson—they had been colonial brokers for some time; and then afterwards they were merchants and metal agents—they likewise became connected with a distillery—they carried that business on for about nine or ten months, up to the time of the bankruptcy—I do not know when they left England—I saw them last on Saturday, 17th June—I have gone through the accounts—Mr. George has the books, I think—(looking at some papers) I did not make these out—I have gone over these papers—I have also gone over the books to see if they are accurate—I think all the books are in my handwriting and kept under the authority of the bankrupts (MR. BALLANTINE proposed to ask the amount of the bankrupt's liabilities. MR. CHAMBERS objected upon this evidence, and MR. JUSTICE ERLE did not think it admissible)—I had no conversation with Mr. Gordon on the subject of the amount of his liabilities before he left—I had some conversation with him on 17th June—I do not recollect what con venation it was—I never
saw him afterwards until he was brought up to London in custody—there were some cheques given to the Excise—I did not see it done—Mr. Gordon told me that he had given some—I do not think I drew the cheques for the Excise—they did not leave any money with me—I went to their solicitor, Mr. Hemsley, on the Monday—I do not recollect that I had any direction about that—I was not left with any means of carrying on the business when they left—there were no direct claims made on me for payments after they were gone—there was a purchase of goods made by the bankrupts of Mr. M'Millan through Mr. Beddoe—I did not negotiate it—I knew that those goods had been received—I knew it from orders having been given for their being sent to our packer—I do not know that they were written orders—some orders were given, I think not in writing—I sent them by a young man who was in our office, I think by Mr. Gordon's direction—I do not recollect the date; I cannot say at all how long it was before 17th June—(looking at some cheques) none of these are in my handwriting, they are in Mr. Eve's writing—he was also a clerk—the signature is Mr. Gordon's in all cases—they did not leave word where they were gone to, not with me—I was the managing clerk—I think I closed the offices at 4 o'clock on the Monday—I was there on the Tuesday, the offices were left open that day—I expected to have seen Mr. Gordon that day, and did not—I was there on the Wednesday, I did not do any business that day.
Cross-examined by MR. CHAMBERS. Q. You used the expression, or rather adopted it, of "managing clerk;" where did you attend from day to day? A. In Mincing-lane—the distillery is at West Ham, that is some miles off—I never went there—the accounts used to come to me—we paid all the accounts in Mincing-lane—I always understood that the distillery was their business—I knew of their taking to it at the time—I went to the office on the Monday—I closed it I think a little earlier than the usual hour, at 4 o'clock—sometimes we closed at 4 and sometimes at 5 o'clock, just as it happened—Barnett, Hoare, and Co. were their bankers—there was a balance there on the Friday night—I had pot the privilege of drawing cheques, and signing them with my own name—the demands made upon the bankrupts used to be paid by cheques and bills—I generally drew the cheques, and they were signed either by Mr. Gordon, or Mr. Davidson, and so with bills—no clerks signed cheques, simply drew them, and submitted them to the partners for signature—it was a very extensive business—bills were left for acceptance, and before cheques were signed, the accounts were submitted to the bankrupts—the messenger actually came in on 21st June, I think it was after 3 o'clock in the afternoon—I was not there when he came in, there was one clerk there—I went to business on Tuesday morning at 10 o'clock, as usual—I was summoned to attend the Bankruptcy Court on Tuesday, the 20th—I attended in pursuance of the summons, and meanwhile the messenger took possession—it was on the 21st I attended, on the Wednesday—I went to the office on the Wednesday morning; I left for the purpose of attending my summons at the Bankruptcy Court, and then went back—I did not find the messenger in possession then—I went back to the Bankruptcy Court, and then returned, and when I returned the second time, I found the messenger in possession—the counting house was closed after that day, but not before.
DANIEL DAVIS . I am clerk to William Beddoe, who carries on business in Huggin-lane, as an agent for the sale of goods. At the time in question he was agent to Mr. M'Millan—I am a salesman—some time in May I went to Mincing-lane, to the premises of Messrs. Gordon and Davidson—I saw
Mr. Gordon, and received an order for goods from him—it was a personal order—I had three orders, amounting altogether, if the whole had been executed, to 2,000l., or perhaps more—the three orders were for the supply of different persons' goods—one of them related to Mr. M'Millan—they were for bareges—I gave an order for the delivery of those goods—we sent them from our premises to Burke, Winter, and Munford's, the packers of the bankrupts, according to their instructions—that was by Mr. Gordon's directions—here is the invoice, made out in Mr. McMillan's name, to Davidson and Gordon—I did not make it out; I saw it made out—I read it—I am sure this is the one I read—the value of Mr. M'Millan's goods was 426l. 6s.—that was the ordinary fair price at that time, the selling price—the goods are invoiced as "Children's checks"—they are known in the trade by that name, and also "Novelty checks"—that is a name given to another sort of the same description of goods—on Saturday, 17th June, I went to the offices of Gordon and Davidson, in Mincing-lane—I saw the clerks—I do not know their names—I did not see Gordon—I did not get any money on that occasion—I went again on Monday, the 19th—I did not apply for money then, because neither Mr. Gordon nor Mr. Davidson were there, and the clerks could not give any satisfactory answer where they were gone to—I could neither see them nor find them—I have never received the money for those goods—Fotherby is the name of our porter.
Cross-examined by MR. CHAMBERS. Q. Were not these goods to be sold on credit? A. They were sold on credit—the final arrangement entered into with Mr. Gordon was to pay half cash then, and the remainder in a month—I made that arrangement with my employers' permission—it was not in writing—it was made about the 28th, I should think, about three or four days after I received the order—it was about 11th May that I received the order—I cannot give the precise dates—I arranged with Gordon that there should be half in cash in a month's time, and the remainder in three months after the delivery.
HENRY FOTHERBY . I am porter to Mr. Beddoe, of Huggin-lane. Some time in May I delivered some goods to the packers, Burke, Winter, and Co., of Eldon-street, Finsbury—they were goods which Mr. Davis directed me to take—there were four bales, marked "D," in a diamond.
ROBERT WILLIAM WOOD . In May, 1854, I was clerk to Messrs. Burke, Winter, and Munford, packers, of Eldon-street, Finsbury. I did not know Mr. Gordon personally; I knew the firm—we were in the habit of doing business for them—in consequence of a message brought by a clerk, we sent to Mr. Beddee, of Huggin-lane, for some goods—I believe our carman fetched them; he is here.
Cross-examined by MR. CHAMBERS. Q. Are there no cross accounts? A. None whatever.
DAVID BARCLAY CHAPMAN . I am a partner in the firm trading under the name of Overend, Gurney, and Co.; our proper business is that of money dealers, receiving money at one entrance, and issuing it at another. I know Gordon—I have known him for some years—I knew him when he was
carrying on another business, previous to a former bankruptcy—I did not know that he was a bankrupt before I knew him in 1847.
Q. There was some composition, I believe? A. I do not know what it was—afterwards, in 1848, he carried on business, in partnership still with Davidson—I think he was with Serjeant, and afterwards with Davidson—from the latter end of 1852 down to Oct., 1833, we made several advances to him—I think I have the documents here upon which these advances were made.
Q. Then I may take it, generally, that they purport to be warrants for spelter, and metal deposited in a particular wharf? A. Do you mean the warrants, or the borrowing notes? I can give you whichever you like—I have the warrants that the money was advanced upon, these are a portion of them (producing some papers)—on 13th Oct., 1853, a circumstance occurred which led me to speak to Gordon on the subject of these warrants—he did not come in the course of business; he came after business, with Mr. Cole—he and Mr. Cole had not been there previously—I had had transactions with Cole previously upon the same description of warrants—the total sum owing to us directly from Davidson and Gordon on 13th Oct., on these warrants, was about 80,000l., rather under—I am sorry to say that no part of that has been paid—it was supposed to be secured by the warrants that I have now in my possession.
Q. It was in relation to those warrants that you had received some information, I believe? A. I received information in the earlier part of the day from Cole.
Q. When Gordon came, what did you say to him? A. That is somewhat difficult to say—we had a considerable conversation—by "we" I mean, myself, Cole, Gordon, and my confidential clerk, Mr. Boyce, whose department it was to manage the advances—in the course of that conversation, I mentioned what I had learnt about the warrants—it was an interlocutory interview, it arose from my previous interview with Cole, about 3 o'clock that same day—the particular words, it is perfectly impossible to recollect—the substance of the conversation was to inquire of Cole----
MR. CHAMBERS. Q. Stop, try and recollect what were the words? A. It is quite impossible—it is two years ago, but the substance is not in the least difficult to explain.
MR. BALLANTINE. Q. Can you pledge yourself to the substance? A. Yes; am I at liberty to mention what passed between Cole and me in the afternoon?.
COURT. Q. No; when he came with Gordon at 4 o'clock, what was the substance of the conversation that then passed? A. It is difficult to say whether I spoke to Cole or Gordon: suffice it to say that the prime point of my interest was this, to what extent we had been defrauded (MR. CHAMBERS objected to this general evidence)—the substance was to ascertain to what depths we had been involved in these advances—if I am permitted to explain, I can do so with great ease—I think Mr. Chambers will hardly object to what I am going to say—whether I addressed myself to Cole or Gordon, I really cannot pretend to say.
MR. BALLANTINE. Q. What did you say to either? A. Cole had admitted to us that Gordon's warrants were in the same condition that he had stated his own to be in; therefore when we met on this occasion it was to inquire the extent of the warrants of this kind, which we had of theirs as security.
Q. Well, Cole having admitted something to you in the absence of
Gordon, You afterwards saw Gordon at your counting house; now what did you say to him? A. In the state of mind I was at that time, I should gay I said very little or nothing—I addressed myself to the point.
Q. Five minutes ago you said there was a good deal of conversation? A. No doubt there was, because it occupied a good deal of time.
COURT. Q. Cole had told you that his warrants were good for nothing, or doubtful at all events? A. Yes; we had a notice that Gordon's warrants were as bad—it is very likely that when I saw Gordon, I may have said to him, "Mr. Gordon, is there any foundation for this?" or something to that effect, but there was no mystery about it—it was admitted, the conversation proceeded on the basis that there was nothing attaching to the warrants, that the goods had been separated from the warrants—(MR. CHAMBERS again objected to this evidence)—it is not difficult to explain it, if I might go back to the conversation with Cole.
MR. BALLANTINE. Q. You must remember the effect, at all events, of what passed between you and Gordon and Cole, on that occasion? A. Most decidedly; the effect was this, to satisfy me that we had been defrauded of an immense sum of money—I do not say by whom.
COURT. Q. Just bring your mind to the time when Cole, Gordon, Boyce, and yourself were together, and state what then passed between you? A. What really and positively passed between us it is impossible for me to say, but I have no difficulty whatever in bringing to my mind the substance and the result—in order to make you understand it, it is necessary, as I said before, to explain what had passed with Cole—I must tell you at once, that Cole had admitted to me in the morning that he had lent to Gordon these warrants, and that finding he could not get the warrants back again he had taken possession of the metals himself—now I am quite clear and I can proceed—I then met Cole and Gordon with the knowledge of those facts before me, and proceeded to discuss how we stood.
MR. BALLANTINE. Q. What did you say to Gordon? A. I know nothing of any personal remark that I made to Gordon—it is said that I said Gordon was a thief—I do not believe I ever did say so, and it is not consistent that I should say so—how could I say Gordon was a thief at the time when Cole had previously taken the whole thing upon himself?—I really cannot recollect any personal words that I said to Gordon, nor can I tell what he said to me—I have no hesitation in telling you, because I have got it down in writing, in substance, what Gordon told me, which was this, after I had satisfied myself of the extent of the fraud we had suffered under, I do not say who by, I proceeded then to consider what had become of the property, and from Gordon I got the history of the distillery, which I took down in writing, and have here present—I took it down upon the spot in my own handwriting, and the remainder my clerk took—I took down a very full and particular account of the property he had, as far as the distillery was concerned.
Q. It is important to us to know what Gordon said on the subject of these warrants? A. I have nothing about that, it was no interest to us either one way or the other—I am not aware that Gordon said anything at all about it.
Q. Then am I to understand you as pledging your oath not to know whether Gordon said anything about the warrants or not? A. Certainly, you are to understand what I have said, that the conversation upon that was upon the admission that the goods had been separated—we were not aware of Gordon giving us positively to know either one way or the other.
Q. Then not being aware, probably you wanted to find out? A. No, we did not indeed, it was quite enough for us to know the calamity that had happened to us; we had quite enough to know at such a moment as that to hear that such a thing had overtaken us, without indulging in any personal animosity—I take it for granted that Gordon came there in consequence of my conversation with Cole, though I cannot positively say that—I sent for him, as anybody else would, to know how he stood in relation to his affairs with us, and to these warrants—I sent for him to know how he stood in relation to these warrants, that he might know from Cole what Cole had stated to me.
Q. Having sent for him to ascertain how he stood in relation to these warrants, what did you say to him about these warrants? A. I proceeded immediately, as I said before, to know the depth of our involvement in these warrants, and then to know what had become of the property—I did know the depth of our involvement too soon, from Cole, who certainly was present, and told us that, as to the whole of the warrants which we held at Hagan's Wharf, the goods were not there to represent them—those were warrants to the amount of 80,000l., some of which Gordon had deposited with us.
Q. Did not you ask Gordon any questions about that? A. I do not believe we did, simply because Cole had admitted that he had lent them to Gordon.
Q. Did Gordon admit or deny, or what did he say about the genuineness of the warrants? A. I do not remember a single word having passed from Gordon on the subject—I then proceeded to learn from Gordon the history of the distillery, which I have taken down—I did not on that occasion take a promissory note, nor have I ever had any communication with Davidson and Gordon about that promissory note—I have not taken any promissory note whatever from Davidson and Gordon direct—we have a promissory note (produced)—I hold it in my hand, and there is the envelope in which it has been kept from the time we received it to the present time—I am afraid it is not necessary for me to answer whether it has been paid.
Q. I see this is a note for 120,000l., on demand; "We promise to pay to Messrs. Cole Brothers, or order, the sum of 120,000l.; signed, Davidson and Gordon;" do you know whose handwriting that "Davidson and Gordon" is? A. No; I do not know their handwriting exactly—I have no belief, I cannot answer that question, my clerk can, no doubt; I really cannot say whether it is Davidson's or Gordon's—there is no doubt it is one of them—I took this note drawn by Davidson and Gordon, endorsed by Cole, to symbolize the money which Cole said had been obtained from us, and lent to Davidson and Gordon, and I have kept it ever since—on the following day we received from Cole some deeds connected with the distillery.
MR. CHAMBERS. The deeds must be produced, of course. Witness. I shall be very glad to be examined on this, if you please, because a very great misunderstanding has gone abroad; it will not affect Davidson and Gordon in the least.
MR. BALLANTINE. Q. Had any arrangement been made upon the subject of the deeds while Gordon was present? A. Certainly not; they had not been alluded to in the least degree—I have never, to the best of my knowledge and belief, exchanged a single word with Gordon about the deeds—I took down from Gordon all the particulars about the distillery on the 13th, and I have got it here for your information.
Q. Did you expect the deeds to come next day? A. I had not the slightest idea they existed, certainly not—no conversation whatever took place between me and Gordon upon the subject of the lease of the distillery, so far as I know—when I received the parchments from Cole, it was not in accordance with any arrangement with Gordon previously—they remained in our possession, but we never took them as security, or asked for them—they never were sent to us as security, but when Cole became bankrupt, we returned the papers to the assignees—in the first instance they went to our solicitors, and then they were returned to us, and remained with us till Cole's bankruptcy—it did not turn out that Cole had no right to part with them—we did not ask for them—we gave them up to the assignees of Cole—our solicitor did, I believe in July, 1854.
Cross-examined by MR. CHAMBERS. Q. You say Gordon gave you a full statement of his affairs at that time? A. As far as regards the capabilities of the distillery; we did not go into his general affairs—he showed us' papers as to the capability of the distillery making 40,000l. a year, or 850l. a week, and he entered into very full detail how it could be produced—I have the paper here—this conversation occurred on 13th Oct., 1853—the note on Cole was sent to us on 17th Nov.—it is dated 17th Oct., why I do not know.
THOMAS WEBB . I was the owner of the distillery at West Ham—I think I executed a mortgage deed to Davidson and Gordon in 1851, and they acted upon that mortgage in 1853—I was not in communication with them down to their bankruptcy—I saw them frequently—I was in communication with them until they took possession of the place, and it was then arranged that they should pay a composition to the creditors of West Ham that was arranged with Gordon—that was properly carried out—I was not in the habit of seeing much of them, very little—I was over there occasionally—I recollect seeing Gordon in Oct., 1583—I saw Davidson in the first instance, I saw Gordon afterwards—that was some time in Oct.—he told me that he had told Chapman everything—I do not know about what—he merely said he had told Chapman everything—I asked him what he meant by everything—he told me that he had had large advances of money from Overend and Gurney upon warrants, and the goods belonging to those warrants were not paid for, and the party those goods belonged to had stopped the delivery—he told me this, by the bye, that he was obliged to acknowledge that he owed Cole 120,000l.—I asked him if he did, and he said, "No"—I then said, "What does Mr. Chapman say to all this?"—I must tell you that Mr. Gordon was evidently very much hurt—he told me that Mr. Chapman had said that he had always looked upon him as an upright man, and he was sorry to find that he was otherwise—there was nothing further that I know of—he then put on his hat and walked out—this was at my counting house—he said that Mr. Chapman had said that what had then taken place was not to be mentioned.
Cross-examined by MR. CHAMBERS Q. What did you sell the distillery for? A. I did not sell the distillery at all—the amount of the mortgage was 48,000l.—they were to pay a composition for me—I believe it was in this way, half a crown in the pound paid, and two bills at 2s. 6d. each—I was indebted to them to a large amount; that is, the distillery was—it is perfectly impossible to say to what extent when they took the distillery, it was nothing like 150,000l., I believe—I cannot rive you an idea—it is perfectly impossible—I can say it was not 180,000l., because the demand
upon me was 180,000l., and there was one item of nearly 90,000l., not in that account at all, so I know it could not have been that, nor was it 100,000l.—I believe there was one item not in the account—180,000l. Was the sum demanded, and 90,000l. was not in that account—that would not make 270,000l. demanded—180,000l. was demanded—there was the demand in the first instance, and after that the account was rendered—it is a perfect impossibility to tell within 10,000l. what I owed Davidson and Gordon, and I will tell you why; Messrs. Harding and Pulling, the accountants, have been engaged at the accounts some months, and they cannot find out what it is, not within 10,000l.—I cannot tell you anything further than I have just stated—the course of business was this, that Gordon and Davidson received all money on my account, and paid all accounts—the book were kept at Davidson and Gordon's—I had my own books at home, as to the working of the distillery—before they had anything to do with the distillery they had made advances to a large amount—I say there was a very large amount due to them, and then they took to the distillery—they said the amount of the advances was 180,000l.
Q. Then it was agreed that they should take to it, and they did? A. They took to it without agreeing—I did not like it.
Q. When you had this conversation with Mr. Gordon, had you become perfect friends with him? A. Well, I never could understand it; it seems to me that Mr. Gordon at the time was so overcharged with the amount of difficulty that he was surrounded with, that he was glad to find any man that would absorb a portion of it.
COURT. Q. Do you mean he was so overwhelmed with difficulty, that he could not tell how it had come upon him, and he wanted to lay it upon the advances to you? A. No, I do not think that—it seemed to me that he was so overwhelmed that he was glad to get any one to speak to upon it, to relieve his mind—he came to my counting house, in Cullum-street—I had simply taken a counting house there that I might be found if I was wanted, that my name should be there.
ALFRED STOVELL . I am in partnership with Henry William Lord We had dealings with Mr. Gordon—I think they commenced in 1850 or 1851, and continued to the time of the bankruptcy—he owed us 8,000l. odd at the time of the bankruptcy—for five or six months before the bankruptcy we had received warrants from him as security—I have them here—they represent goods of about 10,000l. or 11,000l. in value—we took them at various times, the latest was in Feb., 1854—I went to Hagan's Wharf, to see if I could find the property—that was towards the end of June, after they had left the country—I could not find the property represented by those warrants.
Cross-examined by MR. CHAMBERS Q. Who did you inquire of at the wharf? A. A person of the name of Maltby—it was about the 27th June that I saw Maltby.
COURT. Q. Were the warrants signed by Maltby? A. Every one—I inquired of the man who purported to give the warrants validity—Maltby is dead.
PHILIP VAUGHAN . I am a partner in the firm of John Foreman and Co., of Bristol. The bankrupts were for many years agents to our firm—we had large transactions with them—in Oct., 1853, they owed us about 18,000l., of which they paid us a part, and gave us bills for the remainder of the debt—that was in consequence of having misappropriated some of our property—in the first instance they were our agents—part of the bills
have been honoured, and the rest not—we did not get others for them—I think we proved on their estate for about 9,000l.—we received some warrants from them previous to their bankruptcy—I have got them with me—when we took their promissory notes for 11,000l., we had some warrants for steel and tin—they were given to us under an agreement, and those I still have—I have also some other warrants which were delivered to me in Feb., 1854—we lent them at that time, on their earnest application, l,900l., for which they gave us a warrant for 100 tons of spelter—we have not found the spelter—we have got the warrant.
Cross-examined by MR. CHAMBERS. Q. You brought an action against Maltby for that spelter, did you not? A. We did, and recovered a verdict, hut we did not get our money; Maltby absconded, he was then taken, and he died in Newgate—our transactions with these gentlemen were very large—I believe they were in a very large way of business—we proved for about 9,000l.—I do not think that included the 1,900l.
RICHARD HICKSON . I am spirit clerk at the distillery at West Ham. On Saturday, 17th June I sent out forty pipes of spirits from there; twenty pipes went away, about 6 o'clock in the morning, and the other twenty about 12 o'clock—the first twenty pipes went to Grimble and Co., of Albany-street, Regent's-park; fifteen pipes to Messrs. Nicholson, of Clerkenwell, and five to Howell and Hale, of Houndsditch, rectifiers—the value of those spirits was about 4,100l.—I did not give this cheque (produced) to the excise officer Olive—it bears the signature of the firm—I cannot answer whether it is Mr. Davidson's or Mr. Gordon's.
Cross-examined by MR. CLARKSON. Q. What stock of goods was there on the premises at the time you sent out these spirits? A. About 12,000 gallons before we sent them out—the stock in the distillery varied from day to day—at certain periods, at the finish of the distilling periods the stock was very large; sometimes we would run the stock entirely out, I mean by sales—after the disposition of the quantity I have spoken of, there was about 4,000 gallons left on the premises—that was about half the proportion that had been there before I sent the other out—it was all sent to rectifiers—it is our practice to send to rectifiers; that is the course of our business—the stock was often reduced as low as 4,000 gallons, and sometimes to less than that, in the ordinary course of business; to 400 sometimes—it depends upon what the rectifiers require for the market.
WILLIAM OLIVE . I am the Excise officer at the distillery at West Ham, and was so on Saturday, 17th June—I received this cheque there from one of the clerks—it was enclosed in an envelope and addressed to me—it is for duty to the amount of 2,070l. for spirits they were to send out that morning—the Excise cheques are paid through the Bank of England—I sent this cheque by that morning's post to the Bank of England, with a letter of advice—these other cheques (produced) were not given to me—I know the amount of duty that was due to the Excise on 19th June, that is, from documented—these are the documents, but these were given in another course of business, these were paid to the collector—distillers pay their cheques to the supervisors for the facility of carrying on their business; perhaps they want to send spirits out very early in the morning, and the Board has authorized me to receive cheques to the amount of 2,000l. in any one day, provided the cheque is given to me so that it can be dispatched to the Bank of England by the first post in the morning—this cheque was given to me and dispatched to the chief cashier of the Bank of England by
the first poet that morning—I am the supervisor—I know nothing about the collector's receipts; they were paid to him, and I get his receipts to deliver the spirits—I was supervisor there from July, 1853—on that same Saturday, after their giving me the cheque for 2,070l., they produced the collector's receipt to me—I have not got it—the collector was out; the clerk produced it to me—he wanted to send out spirits to the amount of l,200l. duty, and he gave me a collector's receipt for that amount, and the spirits went out on that—that was beyond the 2,070l., it was about fifteen puncheons of spirits—on 19th June I laid an information, and got a levy warrant on the 20th from two county Magistrates—it was for the amount of the duty that was due, 7,400l. odd.
Cross-examined by MR. CHAMBERS. Q. You took possession of the stock, did not you? A. We did, and sold it all off and realized—after satisfying the Excise, we delivered up the stock to the assignees of the bankrupt—the usual course is to pay the duty at the time the spirits go out of stock, there is no credit allowed—I had been supervisor of these premises from the July previous—the amount of duty they paid to the Excise averaged about 7,000l. a week, about 1,000l. a day.
MR. POLAND. Q. What was it you said about handing over to the assignees? what did you hand over? A. They paid us out, and we gave up possession to them—I do not know what they realized.
Cross-examined by MR. CLARKSON. Q. What answer did you get? A. "Refer to the drawers," that was the only answer.
EDWARD EVES . I was clerk to Messrs. Davidson and Gordon on 17th June—on that day I went to Grimble and Co., rectifiers, in Albany-street, Regent's-park—I took a bill for acceptance; they signed it—I gave it to Mr. Gordon—on the same day I went to Howell and Hale, in Water-lane, Tower-street—I took a bill to them—they wrote upon it—I gave those two bills to Mr. Gordon on that same day, and went to Messrs. Nicholson's, the rectifiers, in St. John-street, and got from them a cheque—I took that to Messrs. Glyn's, and they gave me a 500l. note for it, which I gave to Mr. Gordon on that same day—I do not know the number of it.
HENRY BARRETT LEANOID . I am a bill broker. On Saturday, 17th June, I saw Gordon, somewhere about 2 o'clock—he gave me two bills, and I gave him a cheque on the Union Bank for 2,600l., which I produce—this is Gordon's writing at the back, "D. & G.," the initials of the firm—it has been returned to me by the bankers, with other vouchers.
GEORGE LEGO . Mr. Leanoid keeps an account at our bank—I cashed this cheque drawn by him; I gave for it five 500l. and one 100l. notes—the 500l. notes were numbers 12,046, 7, 8, 9, and 50, dated 13th Jan., and the 100l. note was No. 9,372, dated 10th Feb., 1854.
JAMES PREHN . I am a merchant, carrying on business at 57, Old Broad-street, I know Mr. Gordon and his partner Mr. Davidson by sight—I was on board the Ostend boat going from Dover, on Saturday, 17th June, 1854—I saw Mr. Gordon on board that boat and likewise Mr. Davidson—they were together—I did not see them land at Ostend.
Cross-examined by MR. CHAMBERS. Q. How are you able to say it was 17th June? A. I know the precise date I left; I am positive to the date—I referred to the date when I came here—I know that I left on 17th June, I recollect it—I am not in the habit of going to Ostend; I was on a journey to the continent, and I recollect that it was 17th June—nobody has been assisting my memory—none of the persons connected with the bankruptcy have been telling me that it was 17th June—I am quite sure it was.
SIMON VANDER WILLIGAN . I am a merchant, in Crutched-friars. I know the defendants by sight—in the autumn of last year I was travelling in Switzerland—I was at Thun, and saw the prisoners there—I can give you the day on which I saw them (referring to a memorandum), it was on 20th Aug., and on the 31st I saw them at Geneva—they were walking about.
CHARLES FRANCIS JUNOD . I live at Neufchatel, in Switzerland, and am a teacher of languages and sworn translator to the Government At the end of Aug. last year I saw the prisoners at Neufchatel—I do not recollect just the date—they told me that they were there till they could obtain permission to reside in Switzerland, because their affairs were in disorder in England—I do not remember which said that, perhaps both said so—they were together when they talked about it—they said their affairs were in disorder in England, and they wanted to reside in Neufchatel—that required a permission—they did not say anything else to me very clearly about their affairs; I did not understand the matter very well, and my memory is not retentive of business which does not concern me—they were ultimately obliged to leave Neufchatel on account of their passports—they left on the Saturday before Christmas—I afterwards received a letter from Davidson, but I never saw either of them afterwards.
JOHN MARK BULL . I am an officer of the city of London. From information I received in Sept. last I went to Lucerne, and in Nov. I went to Neufchatel—I there saw Gordon—I went to Switzerland to apprehend them upon a warrant which had been granted by Mr. Ald: Farebrother—I did not succeed—I made application to the authorities of Neufchatel; they called a meeting of the council and refused to assist me, and I did not apprehend them—on 2nd April I went to Malta—I there saw Gordon and Davidson—they were both under arrest there—they came over to England in the Indus—I came over in the same vessel—when they arrived at Southampton they were apprehended, with my assistance, by Packman, the officer.
Cross-examined by MR. CHAMBERS. Q. You knew they were coming? A. Yes, they intimated their intention to that effect—they were perfectly free until they got to England, where they were taken into custody.
GUILTY . Aged 34.— Judgment reserved.
(The cases of Davidson and Cole were postponed until after the decision in this case.)
NEW COURT.—Thursday, August 23rd, 1835.
PRESENT—Mr. RECORDER; and Mr. Ald. CUBITT.
Before Mr. Recorder.
PLEADED GUILTY. Aged 15.— Judgment Respited.
Before a Jury composed half of Foreigners.
(The prisoners, being Italians, had the evidence explained by an interpreter.)
MR. ORRIDGE conducted the Prosecution.
JAMES MORNEMENT . I am in the employ of Messrs. Edward Rogers and Co., No. 134, Cheapside. On Thursday, 2nd Aug., Zago, Dominini, and Bevole came to our warehouse—they spoke in a language which I did not understand—I called in the assistance of another warehouseman—the prisoners remained in the warehouse about ten minutes—Zago and Dominini engaged my attention—the prisoner Bevole was leaning against the counter—he had the same dress that he has on now—the prisoners did not purchase anything—they all left the place—Zago returned in a minute or two, and requested the address, and I gave him a card—between five and ten minutes after they had left, I missed a piece of thirty-inch striped glacia—it was forty ells and a quarter long, or about fifty yards—I was handling that silk when they came in—it had lain on the counter, near where Bevole was standing—no one had been in that part of the warehonse when the prisoners were there, and no one had been there till the time of my discovering the loss, except Mr. Wroe, who is Mr. Rogers' partner—the value of the piece of silk was about fifteen guineas.
Zago. I was not in the shop. Witness. I am sure he was there.
JOSEPH ROOK . I am assistant in the warehouse of Messrs. Rogers and Co. On 2nd Aug. I was called by the last witness—I saw Zago, Dominini, and Bevole in the warehouse—Zago spoke to me, and Dominini addressed the last witness—Bevole stood with his back to the counter, near the door—they remained about ten minutes, and left—it was between 1 and 2 o'clock.
MARTIN WILLIAMS . I am in the employ of Messrs. Carter and Co., of Aldermanbury. On 4th Aug., between 1 and 2 o'clock, Zago, Dominini, and Bevole came to our warehouse—they did not purchase anything—they went to the silk counter, looked at the silk, and left, without buying anything—in consequence of information, I followed them—they went down Aldermanbury, into Basinghall-street, and there Zago stood outside, and Dominini and Bevole went into a coffee shop—I returned to our warehouse, and came back with Mr. Mornement, and two officers in plain clothes—Mr. Jarvis took Zago—he resisted a little—I told him, in the best manner I could, in French, that he was an officer, and, seeing the other two going with the officers, he went more quietly.
house. Zago and Bevole lodged in my house for three weeks—I knew the other two prisoners, Rossi and Dominini—they were in the habit of visiting Zago and Bevole two or three times a day—on Thursday, 2nd Aug., I went into Zago's room with a tray of linen, between 5 and 6 o'clock in the afternoon—I saw Dominini and Bevole measuring a great quantity of black stuff—I could not see what it was—it was wide, and was like the silk that I afterwards saw—I had lent Bevole a measure that afternoon—I left the room, and went down stairs, and soon afterwards Zago and Rossi came, it. might have been in about half an hour—they went into the room where Dominini and Bevole were—in a few minutes Bevole brought down the money for the lodging, and the washing also—I had taken the account for the lodging when I went up, and, when I saw them measuring, I gave it to Dominini—Rossi had told me the day before to let the lodgers have their account, for they were going away on Thursday—while Bevole was giving me the money, Rossi and Zago, the lodgers, came into my room, and asked why Bevole was so long—Bevole had paid me 5d. too much in the account, and Rossi took back a sixpence, and gave me a penny; that made it all right, and settled the account—I saw no more of the prisoners that night—I heard them go out about 7 o'clock, soon after they left my room—I went into their room, about 9 o'clock the next morning, to make the bed—I did not see any black stuff there then—it was all cleared away—it was in the bed room that I had seen them pleasuring it.
Cross-examined by MR. SLEIGH. Q. How long have you known Mr. Rossi? A. Three weeks—I have not known him some months—he used to interpret for Mr. Zago—he came with him to take the lodging—I never saw him before—I did not know him to interpret for other persons—Mr. Iddiols made the bill out, and I took it up stairs, and left it on the table—their rent became due on the Monday—on that Thursday they paid up to the last Monday—I had seen Mr. Rossi every day, to my knowledge, two or three times—there was a dispute about the 5d. in the bill—Mr. Rossi said there was 5d. wrong, and he took a sixpence, and gave me a penny—I took the bill up stairs the next morning—I believe Mr. Iddiols wrote "Paid" upon it—I do not know where the bill is—I am sure this was on Thursday—it was not on Wednesday—the gentlemen ordered the linen to come on the Thursday—it was brought home at 5 o'clock on Thursday evening—I took the linen into the room on Thursday—it was Dominini and Bevole who were in the room.
Zago. When you came in with the linen, I pulled off my cloak, and laid it on the bed. Witness. Dominini was in his shirt sleeves—he and Bevole were measuring—Zago was not there.
Dominini. On Thursday, I did not put my foot in your house. Witness. I am certain you were there.
COURT. Q. You said that after Bevole came down with the money, Zago and Rossi came down and joined him and afterwards those three went out; did you go up stairs again that evening? A. No; I did not hear any fourth person go out of the house after those three went—Zago and Bevole slept in my house on Thursday night—they were in and out all day on Friday, and on Saturday they all three left me and never came back.
Bevole. If she thought what we had was stolen she ought to have given information. Witness. I did not know nor think it was stolen—I am confident it was Dominini and Bevole who were in the room.
Thursday or Friday in the afternoon—he had something black under his arm, and paper partly round it—it was a broad long parcel.
Cross-examined. Q. You have no means of knowing whether it was Thursday or Friday? A. I think it was Thursday about 3 o'clock.
CAROLINE GODTFURNEAU . I live at No. 53, Greek-street, Soho. Zago and Bevole lodged in a room adjoining mine on the same floor—I know all the four prisoners by sight, I have seen them there—I saw them all go up stairs on the Thursday, before I went to the Mansion House—I am a native of Brussels, I understand a few words of Italian—I heard them dividing money—I heard them say, "This is mine," and "this is mine"—I did not hear the sound of money that afternoon.
Cross-examined. Q. How do you know it was on the Thursday afternoon, and not on Friday? A. Because I went to a lady to order my dinner.
CHARLES COTTON . I am assistant to Mr. Robert Attenborough, of No. 10, Greek-street, Soho, a pawnbroker. I produce a piece of silk pawned at our shop on 2nd Aug., about 5 or 6 o'clock as near as I can judge, I believe by Rossi, I cannot swear to him.
Cross-examined. Q. You have no means of fixing the precise hour? A. No; this duplicate was written by a young man at the time—I saw it written, I gave the duplicate and the money—the person gave the name of Goater.
Cross-examined. Q. Might it have been earlier than 6 o'clock? A. I think not; I have no means of fixing the time any more than recollecttion—I should say it was nearer 6 o'clock than 5 o'clock—I had had my tea—I am sure it was pawned by some foreigner—I would not swear it was Rossi.
GEORGE WHITLEY . I am an assistant to Mr. Burton, ft pawnbroker. I produce a piece of silk pawned on 2nd Aug.—I think it was between 4 and 5 o'clock, in the name of John Goater—it was by a foreigner, but I cannot say that it was by either of the prisoners.
WILLIAM JARVIS (policeman). I apprehended Zago on Saturday, 4th Aug.—I have known him since May last—I went to his lodgings, searched them, but found nothing but his own papers—I found on him this pork monnaie. containing three sovereigns and a sixpence—I have known Rossi and Dominini since May last—I have seen them and Zago repeatedly together since that time—when I took Zago he looked very earnestly at Mr. Mornement, threw away his cigar, and walked up White Rose-court—he was about to run when I seized him—I thought he was about to resist—he opened his coat—I seized both his hands—he pushed me across the road to the other side—I took Rossi in Desborough-terrace, Harrow-road, on Monday the 6th—I said, "You are Mr. Rossi?"—he said, "Yes, all right!"—I said, "I want to speak to you about your friends, Zago and Dominini"—he said, "Yes, all right, Bachiazo and Gavazzini"—I told him we were police officers, and they were in custody—he said, "What, in prison again?"—I said, "Yes they are, and we are come to take you for receiving the silk knowing it to have been stolen"—he said, "I know nothing at all about it, it is all right"—I found a coat in his lodging which
I had seen him wear, and in that coat I found three duplicates in this purse—these duplicates do not correspond with anything that has been produced, but they are the same date—they relate to property pawned at Mr. Attenborough's—I saw Dominini in custody at the station—I found on him a porte monnaie. containing four sovereigns and 4d. a gold eye glass, a gold pencil case, and a cigar case.
Cross-examined. Q. Are you sure that Rossi said, "What, in prison again?" A. Yes; I am positive—I was examined at the Mansion House—I do not always give all the evidence I am possessed of: it is not required—to-day is the first time I have mentioned that Rossi said, "What, in prison again?"
JAMES MORNEMENT re-examined. This silk produced by Charles Cotton, is a part of the silk we lost—I have a pattern of the silk that was cut from it when it first came in—it is the same piece exactly; but we have it from France in metres, and for our own convenience we measure it in English—this is wider than any French silk that we had—these pieces produced by the other pawnbrokers are the same stuff exactly—here are about forty yards produced—we lost about fifty yards.
Zago. Mr. Jarvis knows me from May, because I was in the Peruvian, steam ship.
Bevole's Defence. I know neither the master nor the shop.
ROSSI received a good character. NOT GUILTY .
ZAGO— GUILTY .
DOMININI— GUILTY .
BEVOLE— GUILTY . Aged 52.— Confined Eighteen Months . (Zago and Dominini were also charged with having been before convicted.)
WILLIAM JARVIS re-examined. I produce a certificate (Read: Clerkenwell Quarter Sessions; Antonio Zago and Thomaso Dominini, convicted, April. 1854, and confined twelve months )—Dominini was also convicted and sentenced totwelve months' imprisonment—I cannot identify the prisoners, but a witness who is here can.
ZAGO—GUILTY. Aged 32.
DOMININI—GUILTY. Aged 32.
Four Years' Penal Servitude.
MR. PAYNE conducted the Prosecution.
(The prisoners being Chinese, the evidence was interpreted to them).
WANG NOO (through an interpreter.) My husband's name is Tuck Quy—I know the four prisoners—I remember the night my husband was wounded, it was on a Sunday—we were in the house of a man named Assam (not the prisoner Assam), my husband was there—eight men came that evening into Assam's house, when my husband was present—I do not know the name of the place where the house is—the four prisoners were there—when they came in they asked me for some money—I said I had got none—I said, "You are natives of Canton, and I am of Nankin, why should I give you money?"—when I gave them that answer, they instantly took out their knives and attacked my husband, and cut him, and cut my arm (showing a large cut on her arm)—the eight men had seven knives; Assam had not a
knife—I had no knife, nor had my husband—the other three prisoners made use of their knives, and cut away—Assam made use of his fists—after they had wounded me and my husband, they escaped about half past 10 o'clock—my husband went to the hospital at 12 o'clock—he is still in the hospital; he was brought from there to-day—they had asked my husband for money previous to attacking him, and having wounded him they ran away—I and my husband had done nothing to the prisoners before they won tided us—we had done nothing to excite their indignation.
Cross-examined by MR. COOPER. Q. What does Assam do to get his living? A. He is a sailor—I and my husband were lodging at Assam's house (not the prisoner Assam; a man of the same name)—I and my husband were sitting down when the men came in—we did not all sit down to supper together—there was no supper, all the shops were shut—we did not eat together, or have anything to drink together—they all wanted to kill me and my family—I saw all the knives at once—my husband took up no knife at all—he did nothing during the whole time—I saw Afuck, Apoi, and Ayang stab my husband—while they were attacking my husband I did nothing—they had locked the door, and there was no getting out—I had known the prisoners before—we had not been eating or drinking with them—they were persons of an inferior province—I know their names—I had only been in the house four or five weeks—I do not recollect that they had been there before—Amoy is a young female we brought from Nankin; she has lived with us as our own child.
Q. Had not your husband beaten that child? A. Having nourished the child, why should he beat it?—Assam's wife (the lodging house keeper) has not interfered to prevent his beating that child—I have been to France and other places with this girl, and brought her back to London—I have been in the country, and Assam's wife brought some complaint against the girl, but my husband did nothing to the girl—my husband is not a tighting man.
TUCK QUY (through an Interpreter). Assam, Apoi. and Afuck wounded me in the breast with a knife this length (about half a yard)—before I was cut, Assam threw me down on the ground, but Apoi first came and asked me for some money as they were poor persons, and wanted to return to China—I having money, he said, "You lend me 200l. "—I said, "I will give you 10l., I will give you 20l. "—I got my money by my performance—when I would not let Apoi have 200l. but 10l. or 20l., he went away and brought seven others—one of them cut my wife, and six of them wounded me—three of the prisoners were of that number—Assam did not cut me—he knocked roe down, and two or three times he struck me—he beat me at the same time that the others used their knives—it was all at one time—Ayang cut me in the thigh—he used a long Chinese knife—Apoi cut me in the breast with a shorter knife—Afuck cut me across the bowels with a large knife—I think he used this knife (looking at one)—they brought their knives with them—these are not like the knives that I exhibit with—after they had cut me I heard persons outside knocking at the door, and the door being opened they all rushed out—it had been locked previously—Apoi had locked it, and he was the first person that used a knife to me—I had no knife—I was in bed when they entered the room—they came backwards and forwards to Assam's house, but I did nothing to offend them—I did nothing to them—they only came that night to ask me for money.
Cross-examined. Q. Did you not get out of bed when these men came? A. I did not do anything; I did not get up—my performing knives are
not in my house—I have given them to Assam—I am going to China, I do not want them—I had given them to a person at Manchester, before I was wounded—I had no knives in my house that night—Apoi made a noise, but there was not a good deal of quarrelling, or argument, or talk before any man struck me—I have not said that when I refused to give the money, there was some dispute between them—no, no, not a word.
TEEN SHEE (this witness spoke English). I am the son of Tuck Quy—I am ten years old—I remember the night my father was cut with knives—he was in the house—Apoi came first, and asked my lather to lend him money—he wanted 200l.—my father said he could not let him have 200l.—he would let him have 10l. or 20l.—Apoi ran away and came again with seven other persons—there were eight together—Apoi used this knife—he threw it down—I picked it up again, and gave it to the policeman—three of the prisoners cut my father with their knives—Assam threw my father down, and beat him—I saw my mother struck by one, who is not here—Afuck put his hand over my mother's mouth—my father did not have any knife, or cut anybody.
Cross-examined. Q. Was your father sitting in a chair? A. Yes; they did not ask for money when they all came back, they came and stabbed my father—there was no quarrelling or scolding—my father did not use a. knife, or struggle with them—he did not use his arms or his fists—he suffered himself to be thrown down and stabbed, and did nothing—I called for help—I called, "Policeman, policeman!"—there were no other persons near—I am sure my father and these men did not sup together—you cannot buy on Sunday night—they drank nothing—Apoi came at 10 o'clock, and smoked opium on the bed till half past 10 o'clock—my father did not smoke—my father kept his money in his belt, and in his box—I could not see the box in the room—no money was taken from him.
MR. PAYNE. Q. Apoi came first and smoked? A. Yes; but when the whole of them came they did not smoke, they all attacked my father—I heard a knocking at the door, and then Apoi opened the window, and they all got out of the window.
COURT. Q. What are the prisoners? A. They are all sailors; they have nothing to do with my father's business.
WILLIAM BRISCOE (policeman, H 150). I know the house where the prosecutor lodges—it is No. 2, Serle's-place, Blue Anchor-yard—I went there on 2nd July, about a quarter before 1 o'clock in the morning—I was sent there by my sergeant—I found the prosecutor wounded apparently in the thigh, and bleeding very profusely—I got this knife (produced) from Teen Shee—it was covered with blood—I saw the prisoners Assam and Apoi as we were going to the house—they were coming from the house, and we passed them.
JOHN SHEEN . I live at No. 1, Hairbrain-court. I know the house in which the prosecutor resided—I saw seven or eight Chinese men go into that house—soon after they were in I heard a noise—I went down stairs—they opened the door, and this knife was thrown out of the house that the row was in—I picked it up—there was fresh blood on it—I gave it to Kelly.
FRANCIS KELLY (policeman, H 130). I went to the house—I found Tuck Quy and his wife—the man appeared to be in a dying state—he seemed to be cut about the belly, and was bleeding—his wife was cut on the arm—in going to the house, I saw three Chinamen—I stopped two of them, but one of them got from me—one of the prisoners is one of them, but I cannot be positive which, as some one said, "That is not the man," and I
let him go, but another officer kept him—I believe it was Apoi—when I was in the room, I saw a person find a knife under a stove, and give it to me—Sheen gave me this other knife—he told me he had wiped it—the prosecutor was very ill in the hospital, and the Magistrate went and took his examination.
FRANCIS MEAD CORNER . I am house surgeon at the London Hospital. On the morning of 2nd July the prosecutor was brought there, suffering great prostration from the effects of several wounds in his body—one was a superficial incised wound, about an inch in length, below the right collar bone; the second wound was between the sixth and seventh ribs, entering the chest, and wounding the lungs; the third was an incised wound, across the lower part of the belly, and the upper part of the right thigh—it was eight inches long, and about three inches deep in its deepest part—it had divided several of the muscles of the thigh—the cavity of the belly was not opened—it just cleared the great artery—there was a punctured wound on the right thigh, two inches deep, and another superficial wound on the right knee—they were dangerous, and were such wounds as these knives would produce.
Cross-examined. Q. The man is well now? A. The wounds are all healed, but he is in a weak condition yet.
ASSAM— GUILTY . Aged 30.
AFUCK— GUILTY . Aged 28.
APOI— GUILTY . Aged 22.
AYANG— GUILTY . Aged 22.
Four Year's Penal Servitude.
MR. THOMPSON conducted the Prosecution.
EMILY BARKER . I live at No. 10, Phenix-place, Somers-town. On Saturday, 21st July, the prisoner was at my place—while she was there, Dunn came for a parcel he had left there—the prisoner opened the door to him, and asked him up into my room—there was me, and the prisoner, and Dunn—I know that the prisoner had lived with Dunn, I believe between six and seven months—Dunn is now living with a person of the name of Gates—when Dunn came that evening, the prisoner said to him, "I saw your girl (meaning Grates), and she called me a nasty name, and I struck her"—Dunn said to the prisoner, "You are my whore, and she is my respectable girl"—he said, "If I had the money I would lend it to her to take out a warrant for you, for striking her"—the prisoner said, "You are a nice fellow, after taking a girl away from her home, and doing what you have done with me; you ought to be ashamed of yourself;" and she flew at him, but did not touch him—they then had words again, and after that they sat down—I asked them if they would have supper, and they sat down half an hour—the prisoner took this knife out of her pocket to cut the bread with—I went out for some beer, and while I was gone they had more words—I left Mrs. Smith in my room, and she said they got to words again, and he struck her twice—when I came back, after about five minutes, my husband was there, and there was a mob outside in consequence of the row they had had—I went up, and said, "There is a nice row"—Dunn got up and said, "Good night"—the prisoner said, "You are going, Mr. Dunn, and going to her? take that;" and she struck at him about the breast—I thought it was only a blow—Dunn fell back in the chair, and said, "I am stabbed;" and he took the knife out of his breast and threw it under the table—the prisoner went away.
Cross-examined by MR. MOTCALFE. Q. This other girl kept coming to him? A. Yes; she came, and said, "Are you coming?"—the prisoner had never closed the knife after she cut a piece of bread with it.
ABRAHAM KEEBLE (policeman, S 121.) I took the prisoner; she lives at No. 25, Phenix-street, about 100 yards from the place where this happened—I asked her if she was the person—she said, "Yes, here I am"—I told her I took her for stabbing a man in Phenix-place—she said, "I will go with you; I am very sorry."
JOHN MULVANY (police sergeant, S 8). I was on duty at the station when the prisoner was brought in—she made a statement after she had been cautioned by me—I took it down, and read it over to her—(reads), "He took me away from my home twelve months ago; I have lived with him; he now lives with another girl; last night that girl called me a black w—; I struck her, and to night I was at a young friend's, in Phenix-place, when he came in, and said if ho had the money he would give it to her to get a warrant with; the knife I did it with was his knife; I had it about three weeks ago when I was up there. "
DAVID BOSWELL REID . I am house surgeon at the London University College Hospital. I remember Dunn being brought there about half past 10 o'clock at night—he was suffering from severe pain—I found he had a punctured wound just over the heart—I cannot say whether it had penetrated the cavity of the chest—it was dangerous—I did not probe it: there were no means of doing so—every wound on the cartilage of the ribs must affect the cavity of the heart.
GUILTY of unlawfully wounding. . Aged 17.—Recommended to mercy by the Jury, in consequence of the provocation— Judgment Respited.
THIRD COURT.—Thursday, August 23rd, 1855.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Sir GEORGE CARROLL, Knt., Ald.; Mr. Ald. FINNIS; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Fourth Jury.
PLEADED GUILTY . Aged 28.— Confined Six Months.
791. HENRY BROWN and WILLIAM HALLIDAY , stealing 50 wrappers, value 1s.; and within six months, 50 book covers, value 1s.; the goods of Clarissa Clark, the mistress of Brown: Other COUNTS, charging Halliday with receiving.
MESSRS. ROBINSON and LAWRANCE conducted the Prosecution.
CHARLES THOMAS GAYLOR (City policeman, 348). On 19th July I was opposite Mr. Bone's stable in Upper Thames-street, about 7 o'clock in the morning; Allen, another policeman, was with me—I saw Brown come from his master's, Mr. Westley's, stable, and go into Mr. Bone's stable with this bag (produced)—it appeared to have something in it—I saw him come out again, he had nothing with him then—I did not follow him, but I saw him come back into Mr. Bone's stable about ten minutes afterwards—I and
Allen followed him in, and I asked him what that was that he had brought in that bag—he pointed to these wrappers and book covers, and said, "Only a few wrappers"—I asked him where he got them from; he said, of his foreman—I asked him where he worked; he said, "At Mr. Westley's, the bookbinder's," and that he had borrowed them of his foreman—I saw about two tons of different sorts of papers there, several reams of newspapers, and several works which had been printed but never published—there was a great quantity more of wrappers—all the wrappers were in the coach house, but the printed paper and newspapers were up stairs—when we went in, the prisoners were standing over the goods by the scales, the wrappers were at their feet just inside the door—I asked Halliday how he accounted for that lot of goods (that was this large bundle)—he said that he got them of Cox and Wyman—they were in the coach house—I went to Mr. Westley's, and returned to the stable with him—Mr. Westley, Jun., was there when I returned, and Mr. Bone, and the prisoners also—when they were all present I said to Brown that Mr. Westley had not given him these things, and he knew nothing about them—he said that he had borrowed them of Halliday one wet day to cover his master's goods up—I pointed to the book covers, and said, "Did you borrow these to cover up your master's things?"—he said no, but he had lost some which he borrowed of Halliday, and had brought these to make up the weight—I told him to consider himself in custody—I said to Halliday, "Where are those bags which you brought in yesterday at tea time?"—he pointed to these others, and said, "They are them, they came from Cox and Wyman's"—there was a large quantity—this is only a sample.
Cross-examined by MR. PAYNE. Q. Was not what he said, that he had one wet day before that borrowed some of Halliday, and was merely repaying him? A. Yes—I believe they are covers of books which were going to be rebound.
Gross-examined by MR. RIBTON. Q. Where is Mr. Bone's stable? A. In Upper Thames-street; Mr. Westley's is in Addle-hill—I did not notice whether there were any weights in the scales—the covers were at their feet, lying in the bag—they had been taken out of the bag.
ROBERT ALLEN (City policeman. 321). I was with the last witness—I have heard his evidence, and confirm the statement he has made—I only saw Brown go there on the 19th—I saw him come out again without anything, and go to a barber's shop in Thames-street to be shaved, and then go back to Mr. Westley's—he appeared to come from the direction of Mr. Westley's stable with the bag.
WILLIAM STRANGE . I am in the employ of Smith and Co, of the Strand, newspaper and booksellers. About 11th July I delivered to Brown 111 copies of "Chambers' Information for the People"—they had covers on them, and were wrapped up with white paper and tied round with string—this (produced) is the paper that I folded them in—it was Messrs. Westley's cart which Brown was driving—I did not go to Bone's stable.
Cross-examined by MR. PAYNE. Q. Were these books going to be rebound? A. Yes.
JOHN GRAY . I am foreman to Messrs. Clark, trading under the name of Westley and Co.—the business belongs to Mrs. Clark—on 25th July I received 111 numbers of "Chambers' Papers for the People" from Bone; 61 had covers on, the same as these, and 50 had no covers—the covers are used again for packing books, and sometimes for purposes of binding a common description of book, and sometimes for packing books, according to the description—this is a better description than usual, because it is covered
with paper, and not with cloth, and there are no impressions or stamps on the outside.
Cross-examined by MR. RIBTON. Q. Are there persons who buy and sell these paper wrappers? A. Yes—they would be of very little use to us—these covers are perfectly good for binding up—the edges are out—the boards are not worn.
MR. ROBINSON. Q. Do you sell the waste paper yourself? A. No—old boards are frequently sold by us.
Cross-examined by MR. RIBTON. Q. You had never seen these on your premises? A. No.
WILLIAM THOMAS BONE . I am partner in the firm of Bone and Sons, bookbinders, of Fleet-street; we have premises in Rutland-place, Upper Thames-street Before 19th July Halliday was in our service as a carman—we did not allow him to make use of our stable for the purpose of dealing in any kind of merchandise—I had not the slightest idea of it—we did not give him any weights or scales to use there—I was not often in the habit of going to this stable—we had no transactions with Mr. Westley—these covers are frequently used for rebinding books—we had a cart boy, named Smiths—Halliday engaged him, but we paid him—in consequence of frequent complaints from Halliday that boys did not suit, I told him he had better employ his own boys, and then the boy Smith was engaged, and he suited.
Cross-examined by MR. RIBTON. Q. How long has he been in your service? A. Fourteen years—we had the greatest confidence in him up to the time of his being taken into custody—he has lived in the stable three or four years with his family—it is a two Stall stable and coach house—we had not been in the habit of going in and out; we had such confidence in him that we did not think it necessary.
THOMAS SMITH . I am in the service of Messrs. Bone, and am in the stable, assisting Halliday in his work. I know Brown—I have seen him come to the stable before 19th July—he has brought with him covers and wrappers, and delivered them to Halliday, who used to weigh them, and generally pay him for them—I have seen money pass between them sometimes, but not more than 6d.—I have not seen Brown come in Westley's cart, but I have seen him driving it—he brought covers about a fortnight before 19th July—he generally used to bring them before breakfast—I did not see anything paid on this occasion.
(MR. RIBTON contended that there was no case of larceny against Halliday; and as to the receiving, it not being proved that these goods were weighed, or paid for, but only the bargaining for them going on, there could have been no actual receipt, as it might have suddenly come into his mind that they had been improperly come by, and he might have then refused to receive them. The COURT considered that it was a question or the Jury.)
(Brown received a good character.)
BROWN— GUILTY of Stealing. Aged 28.— Confined One Year .
HALLIDAY— GUILTY of Receiving.
792. WILLIAM HALLIDAY was again indicted for stealing 784 lbs. weight of waste paper, value 4l.; and 2,000 sheets of printed paper, 5s.; the goods of Henry Spicer and others.—2nd COUNT, feloniously receiving the same.
MESSRS. ROBINSON and LAWRANCE conducted the Prosecution.
CHARLES THOMAS GAYLOR . On 19th July I went to Mr. Bono's stables, with Allen, and found Brown and Halliday—inside the coach house door we found a bag of paper, and a quantity of wrappers, and bags of string like these (produced)—I asked Halliday how he came by the wrappers—he said that he bought them of Cox and Wyman, in Great Queen-street—I asked him if he had an invoice of them—he said, no, but if I went there, I should find that it was correct—there are two rooms up stairs—Halliday lives there—I went up, and in one room found a large quantity of paper, two bundles of the True Briton, two bundles of the Athenœum, and several reams of newspapers—they were on a table, covered over with a shawl—Halliday said that he bought the newspapers of a person named Barclay—I asked him how he accounted for the Athenœum and True Briton—he said that he bought them of some person, he did not know who the man was—I took him to the station—there was about 3 cwt. of printed paper.
Crow-examined by MR. RIBTON. Q. You found them on a table? A. Yes, in his own private room up stairs—his wife was there—I have not brought the reams of newspaper, because they do not belong to Mr. Spicer—he could not tell me whom he bought it of—he said that he had bought something of a person named Barclay, and showed me the four invoices of what he had bought—it was some newspaper, which is not here, and some printed paper unpublished, and not included in this charge.
THOMAS RILEY . I am warehouseman to Wertheim and Mackintosh, publishers, of Paternoster-row. They publish the True Briton—they sent it to Messrs. Spicer, wholesale stationers, in the quantity, some thousands of it—Spicer's van took them away, and I believe Calthorpe was the carman—they were packed in bundles of 500 each—I cannot possibly tell what they were sent there for, it was a sort of deposit, but why they were sent I do not know; it was something between the author and them—this wrapper is in my writing; it is a portion of what was sent to Messrs. Spicer.
Cross-examined. Q. What is the True Briton? A. A sort of newspaper; there are two volumes of it published—they had a great quantity of the back stock which had been accumulating—they never sold it for waste paper; it was not their property, but the author's—it might ultimately come to waste paper—some thousands of it remained on the premises—there is none of it there now, we sent the whole stock to Messrs. Spicer in one delivery, but the vans came twice for it—there was not a quarter of it found with the prisoner.
THOMAS HOOPER . I am foreman to Cox and Wyman, printers, and have the management of their business. The wrappers are entirely under my charge—I have sold some wrappers of this size to Halliday—I believe I did not sell him any of these; mine were not marked in this way.
Cross-examined. Q. What is the mark? A.. Some of them are marked "T." and some "S. B."—I have a specimen here which I sold him—they are marked in ink, but in a different way—I sold him a variety, but there were only these marks and the Government stamp—S. B. means "Spicer Brothers"—on 11th July, I sold him 7 cwt. 15 lbs.—I know that he is in the habit of dealing in this sort of thing—he bought them at 9s. per cwt., with the intention of selling them again.
HOSIER. I am foreman to Messrs. Spicer. I went to Halliday's stable, and saw a bundle of paper, which I identified as Messrs. Spicers'—I also saw some copies of the Athenum and the True Briton—some time
ago we received 15 cwt. Home odd pounds, I believe, of the True Briton. from Wertheim and Mackintosh, but the account is locked up, as Mr. Henry Spicer is in Paris—it was deposited with us to be kept—it was put in what we called the nineteen house, which is part of the warehouse—there were not any Athenaeums in the same place—the True Briton was moved in June to where the Athenœum was—subsequently to discovering the True Briton at Halliday's, I had weighed that which was left at our place, and found a deficiency of 1 cwt. 1 qr. 1 lb.—I stood by and saw it weighed—that which was found weighed 56 lbs.; it was rather less than half the deficiency—this is the same description of tying up, but I cannot swear to it—I have seen Halliday at Messrs. Spicer's premises on one occasion; he came to the front door to ask if he could put his horse and cart in our stables on account of the place being repaired, and permission was given him—the stables are at the back of the warehouse—I have seen him on other occasions at the back of the premises talking to Calthorpe—it was three or four weeks previous that he put his horse and cart there—I cannot say what be has been doing on other occasions, but I have seen him talking there—we had no dealings with Messrs. Bone—the value of these wrappers is 16s. or 18s.—I have sold them at all times, but have never sold any to Halliday.
Cross-examined. Q. Do Messrs. Spicer sell wrappers with the marks on? A. Yes, by the cwt.—the marks are "S. B." "J. B." "S. S;" and other marks of the manufacturers to the firm—these came from Tullett and Co., of Edinburgh, who put on the name of the person to whom they sell them—we sell sometimes none in a week, and sometimes a large quantity in a day—the prisoner did not ask me to let him put his horse and cart in, Calthorpe came and asked me—Calthorpe has been charged and discharged—the True Briton was not worthless; except as waste paper—if we gave orders to sell it, it would fetch about 32s. per cwt.—I was present when it was deposited and weighed, and recollect the weight, of my own knowledge.
WILLIAM THOMAS BONE . I am in partnership with my brother, and occupy these stables in Rutland-place—I have never authorised Halliday to deal in paper; we have not had transactions with Messrs. Spicer in this line, we have bought waste paper of them.
Cross-examined Q. He has lived in the stable two or three years, as his own house, and you never interfered with him in any way? A. No.
MR. ROBINSON to CHARLES THOMAS GAYLOR. Q. Have you been in the habit of seeing the stable for some time? A. Yes; the doors were kept closed, the cart was outside all night—I could not see from the outside any indication of paper wrappers or Athenœums.
Cross-examined. Q. What do you mean by the door being shut A. It was never open except when they went in and out, when they shut it after them—the entrance to the house is through the stable—there is one horse in the stable.
COURT to THOMAS HOOPER. Q. By whom was the paper he purchased of you on 16th July, Bent away? A. By a man who he employed for the purpose; he saw it weighed himself and stacked outside, and employed a man to take it away, as he was obliged to be at his business by 9 o'clock.
GUILTY on 2nd Count. Aged 36.— Four Years' Penal Servitude .
793. HUGH JOSEPH SMITH , stealing 10 certificates entitling the holder to ten half shares, of 10l. each, in the Great Luxembourg Railway Company, value 450l., the property of Leverton Jessopp, his master.
MR. CARDWELL conducted the Prosecution.
Q. Did you deliver to the prisoner any certificate of shares in the Great Luxembourg railway in March? (MR. METCALFE, for the prisoner, contended that this would appear from the document itself, and that no notice had been given to produce it. MR. CARDWELL stated that it would be impossible to trace the document, as it circulated from hand to hand like a bank note. The COURT having consulted MR. JUSTICE ERLE, decided upon admitting the evidence, leaving it to be considered afterwards whether it was a point to be reserved or not.)
Q. Did you deliver to the prisoner 100 10l. Great Luxembourg shares in March last? A. I did, to give to Mr. Massop, a sworn broker of Pinner's hall, Old Broad-street—they were delivered to me by Mr. Carr—I paid him by cheques for them—I speak of the certificate as the shares—there is no registration; they pass by delivery as bank notes—the prisoner remained in my service three months after that, till the middle of June last year—about 10th June, in consequence of information I received, I made inquiries with regard to his not delivering the shares to Mr. Massop, and he stated that they were with other shares and papers of his with a man at Southampton, whose name he mentioned, but I forget it—I went to Southampton to the address he gave, and there was no such person to be found—it was a small parish just through Southampton—I inquired at the Postoffice, but found no such person—on my return home, the prisoner never came back to my office, and I did not see him again till about a week ago at Guildhall—I paid 450l. for the 100 shares, and have supplied 100 other shares to Mr. Massop in lieu of them.
Cross-examined by MR. METCALPE. Q. Had you forgotten the name when you went to Southampton? A. No, but it is a year and three months since—I made no memorandum of it—he said, "At Shirley, near Southampton"—Shirley is part of Southampton, and I inquired there—I first had transactions with the prisoner, as near as I can recollect, about June, 1853—he came into my service at the end of 1853—by referring to my books I can tell you whether I bought shares for him from June to Nov.—I occasionally bought and sold shares for him; one or two small transacttions—I was led to believe that he had a good deal of money when he first came to me—I did not invest a good deal of money for him—there were only five or six transactions—I believe he was not doing business with Mr. Massop before he came to me—after he was my clerk, he introduced Mr. Massop to me, and I did business with him through that introduction; it was very shortly after he came—he was to receive half the commission received upon every person who he introduced—I had no settlement with him before he left; he did not give me a chance—the principal business I did through his introduction was for Mr. Massop—there would have been salary and commission due to him, but he absconded—by looking, I can tell what was due to him up to July; I should say that it was not so much as 90l., but it might be about that, commission alone—his salary was 50l. a year, and he was with me nearly six months—none of it was paid—about ten days before I went down to Southampton, Mr. Massop told me that
these certificates were not lodged, and I spoke to the prisoner about it at the same time—Mr. Massop spoke to me about it on 10th June, and I spoke to the prisoner directly.
Q. Did not he tell you that as Mr. Massop owed you money on other transactions, it had better stand as security? A. I think he did say something of that sort—I made no agreement to that; I said nothing—the whole of the conversations took place in June, and my visit to Southampton was in June—I went there a few days afterwards—there are no shares issued in the Company—this (produce) is scrip, and entitles you to receive the dividends—if you want to sell, on transferring this to the vendee, that is the completion of the sale—there is no transfer at all made by the Company; they are not aware in the least who their shareholders are.
FRANCIS CARR . I am clerk to John Carr, a stockbroker. In March last year, I delivered to Mr. Jessopp 100 shares in the Great Luxembourg railway—this (produced) is a sample of them—I handed Mr. Jessopp ten certificates similar to this—I made an entry of the numbers of fifty, but of the other fifty I did not, because I should not have been paid unless I had done them in a certain time; it was in the hurry of business—the numbers were 33841 to 33850, 33571 to 80, 30611 to 30, and 26666 to 75—that amounts to fifty—I delivered them at his office with the other fifty unnumbered, but to whom I do not know.
JOHN MASSOP . I am a stockbroker, of Pinner's-hall. On 8th March last year, I gave directions to Mr. Jessopp, to purchase shares for me in the Great Luxembourg Railway, but did not receive any shares from him, or on his account—I have very frequently spoken to the prisoner about these shares—he made a variety of excuses week after week, and he said that he had not received them, and that they had not been delivered—I made frequent applications to him, and he made frequent excuses—I did not authorise him to keep them for me, or to deposit them with anybody for me on my account, nor with any one at Southampton—I have received another 100 shares since from Mr. Jessopp.
Cross-examined. Q. You never authorised him to deposit them in any manner? A. No—I received the dividend from him—I do not remember the amount (looking at a book)—I received 25l. of Smith on 6th April, I suppose that must be it—I undoubtedly received the dividend—one day, when I wanted the shares particularly, he said that he had left them at the office, that the dividend would be received altogether, and he would pay it to me—I received the money without inquiring at the office whether the shares were there—I had not had many transactions with him independently—our acquaintance commenced about the end of 1853, and he introduced me to Mr. Jessopp about the same time—I discounted a bill for him once—that was the only transaction I had with him as a principal—I have my cash book with me—I have no subpoena to produce my books—I have not been to the office this morning—I have been told that there is a subpoena lying there—I do not remember having any transaction with the prisoner about shares, independent of Mr. Jessopp—I will not swear that I have not—I in all probability gave him the order in this very case—he has not on many occasions bought and sold shares for me on his own account, but only as the clerk—I do not think on any occasion I have had a transaction with him as a principal, only in discounting a bill—I have had some South Devon stock—the prisoner did not buy them for me on his own account, he was not on the Stock Exchange at the time—I think I had joint speculations with the
prisoner, but only through Mr. Jessopp—yes, I have with the prisoner on his own account.
Q. Were you to divide the commission? when you received an order from clients to buy shares, was not the prisoner to buy them cheaper if he could, and you and he to share the difference? A. No, we on a few occasions bought what we call a consol or two, and divided the profits—if we thought consols were going cheaper, we bought a consol together—that is 1,000l. consolidated stock, and divided the profits—that was done through Mr. Jessopp—it was while the prisoner was with Mr. Jessopp—Mr. Jessopp knew nothing about my sharing the profits with his clerk—we did that perhaps four or five times—that was 4,000l. or 5000l.—I do not recollect buying anything else in connection with him.
Q. What is the meaning of carrying over? A. If you have bought, and are unable to pay, you can sometimes get the people of whom you have bought to deliver them in another fortnight, or another month—I will not swear that I had not as many as a dozen transactions of that description with him—I do not remember carrying anything over with him, and do not think I did at all—I do not know whether my books would show, very likely they would.
Q. You were told this morning that your books were subpœnaed? A. Was it safe to go?—my books would not show a regular debtor and creditor account between me and the prisoner—I believe there is not such an account standing on my books with the prisoner—there is not money due to the prisoner from me at this very moment, I owe him nothing—I will not swear that there is no account between me and him, but I believe not—I swear that there is no money due from me to him, or appearing to be due—I should think he would not have left it all this time if there had been—I frequently made applications to him for the shares, almost daily, both before and after he paid me the dividend—I do not know on what day the dividend was paid—I did not speak to Mr. Jessopp for a long time; I do not know whether it was before June—I do not believe I asked the prisoner to exchange these shares for me for some new shares which the company were issuing, telling him that shares were falling.
Q. Did he not produce the Company's receipt to you for ten of the new shares, and leave it with you? A. I cannot say whether it was ten new shares, or ten old shares—I do not know whether it was in June—the shares were very much lower in June—I do not think I asked him for new shares at that time, he had other shares of this sort—I remember his showing me one—I do not know how long these speculations went on—there may have been one as late as May, I do not remember—I do not know that I was entering into speculations with him at the time that I knew that he was holding these shares—I had no particular reason for not telling Mr. Jessopp that I was speculating, I should not have cared two straws about his knowing—I have been in business since June, 1853,1 think it was.
MR. CARDWELL. Q. Did you ever authorise the prisoner to sell the shares? A. No.
FREDERICK WALTER CARDEN . I am with my father in the firm of Messrs. Garden and Whitehead. I remember the prisoner coming to our establishment on 20th March, 1854, and fifty shares in the Great Luxembourg Railway were handed to me by Mr. Whitehead—this book (produced) contains the numbers of them, which were 46261 to 80, 6601 to 10, 33841 to 50, 30621 to 30—those fifty shares were sold in our office that
day, and produced 2092. 7s. 6d.—the prisoner was paid on that day by this cheque (produced) for 209l. 7s. 6d., payable to and endorsed by him—it is not crossed.
Cross-examined. Q. Did you give the cheque to the prisoner? A. Not myself—we have but one office, but Mr. Whitehead went into a room with the prisoner, and then went to the Change—I saw him in the office at the time the shares were sold—I did not see the cheque given to him.
MR. CARDWELL. Q. Where is Mr. Whitehead? A. In Southampton, I believe—he has been in Portugal—he may be in London by this time.
GUILTY . Aged 33. (There was another indictment against the prisoner, the trial of which was postponed to the next Session.)
MR. PARRY conducted the Prosecution.
BENJAMIN SMITHERS . My father is a watchmaker and jeweller, at Portsea—these three letters (produced) relating to watches and jewellery, are in my writing—I saw some watches packed, and sent by rail; one gold watch on 19th May, No. 507, Hancock; and on 6th May, a gold Geneva watch, Batten, No. 1,014; and a gold Geneva watch, No. 2,221—I have never received them back again.
Cross-examined by MR. METCALFE. Q. You send a good many watches to Mr. Stauffer? A. Yes; we send once a week, and sometimes oftener—we send two or three watches at a time—we always send by railway, and always receive them back by railway, very seldom by post—we keep the English watches—there is nobody but my father, myself, a young man to serve in the shop, and a workman—my father has not much to do with it.
JULIUS STAUFFER . The prisoner was in my employment—his business was generally at the watch repairs—these three letters (produced), are all indorsed in his writing in the French language—(These were dated, May 18th, May 29th, and May 30th, each stating that the watch to which it related had been sent by railway)—this book (produced) was kept by the prisoner—here is an entry in his writing in French—"No. 507, May 19th, C. E. Smithers, gold watch, English, gold dial, repaired;" "No. 10,149, May 30th, C. Smithers, 1 gold watch, gold dial, cylinder," there is no date of delivery—the next is, "No. 6,221, May 31st, C. Smithers, 1 watch, not done, June 12th"—I do not know the reason that "not done" was put there—12th June is the day that the watch was sent back—it is opposite both these Nos. 6,241 and 47, there is no date opposite the No. 10,149 one—the prisoner would make the entries from the watches, not from the letters—the numbers are generally very indistinct—I do not see the watches—all I know is from this book—if the watches had not been received by the prisoner, he would not make an entry from the letters, the entry shows that the watches were received by him—a delivery book was also kept—I have an errand boy named Robert Smith—on 12th June, supposing the two watches had been sent there properly, it would be the prisoner's duty to make the entry in the delivery book, and the errand boy would take them—if the prisoner took them, it would be his duty to put his name in the delivery column—there are no entries of the returns of
these watches—this other book (produced), is for the work done by the workmen—when watches are returned the repairs are charged in this book, it is the prisoner's duty to keep it—here are no entries of these three watches in it—if they had been returned, the entry would be here.
Cross-examined. Q. If any one has a watch to repair, would he enter it when it goes out to be repaired? A. No; he charges what is to be charged, in this book to the party when the watch is sent away; a mark is then made across, in this large book to show that they are gone—his duty was to enter it when he received it from the customers, and when he received it back from the workman—he would also enter the date at which he sent it off, and strike out the number—the entries of two of the watches are correct, but one watch is not scratched out and has no date—I am sure that this is No. 6,221, and not 4,221—he made his sizes like this—I have never known it to happen that watches were received by the other clerks, and not put before the prisoner to enter—none of the others received watches—the railway people deliver to him when he is there, or if he is not there to anybody who may be in the front office—that would apply to myself or the book keeper—if the book keeper received two or three watches from the railway he would take the parcel to the prisoner, and put it on his desk without saying anything.
MR. PARRY. Q. Do I understand you to say that these marks indicate that the watches have been sent back? A. Yes; this No. 10,149 is not struck out—if this "6" should be a "4" there is no entry, but it is a "6"—all watches that came to my place to repair went through the prisoner's hands—if anybody received a parcel of watches when he was not there, it was their duty to hand them to him and he would make the entries.
ROBERT SMITH . I am errand boy to Mr. Stauffer. I take parcels to the station, and elsewhere—I did not take any parcel directed to Mr. Smithers, on 12th June—I took one for a person at Manchester, and one for Mr. J. Wells—if there was a watch directed to Mr. Smithers, of Portsea, I should have taken it to the Cross Keys.
MR. PARRY to MR. STAUFFER. Q. Can you point out any case in which the prisoner himself has taken watches? A. Yes; here is one on April 30th—he has signed his name to that.
Cross-examined. Q. That is when they go by railway? A. Yes; the prisoner wrote the body of this—here has been one entry here, a parcel to Mr. F. Claude, of Manchester, taken by Kauffman, the book keeper, on Feb. 14th—that is the only entry of his—the book keeper is not here—nobody but the prisoner entered in this large book, unless it was occasionally, but very seldom, if he was out it might have been done by somebody else—the book keeper would receive and enter if the prisoner was absent, but he would not send off a watch—he does not understand anything at all about it, but he might enter if he received when the prisoner was not present—if a customer called for his watch, and the prisoner was not present, he was generally sent back again, because I understand nothing about the jobs—the book keeper did not send away watches occasionally, when the prisoner was not there, that I know of—if there was nothing to be charged for a watch it would still be entered—an entry would be made of its going out—every watch sent up by Mr. Smithers would be entered in this book.
MR. PARRY, Q. Are these three entries in the prisoner's writing? A. Yes, and also the endorsements on the letters and the entries in the other book.
FRANCIS CLAUDE . 1 am in the employment of Mr. Stauffer, as manager of the business—I know the prisoner very well—when he was taken into custody, I asked him if he knew where Mr. Smithers' watch was, because I had searched and could not find it—it was watch No. 10,149, but I did not say anything to him to mark out that particular watch—I believe he knew; I supposed he knew what I was alluding to—he said that the case was sent to Mr. Brown for repairs—Brown is a case repairer—I have searched for the movements of that watch, and cannot find them.
Cross-examined. Q. Do you ever enter anything in these books? A. Yes, when I am at home, if a watch comes in for repairs I make an entry—(looking at the book) this is one of my entries—I enter in this other book occasionally, and so did Mr. Stauffer sometimes and the prisoner, and sometimes our book keeper; nobody else—I send off watches occasionally, if the prisoner is out of the way.
MR. PARRY. Q. In reference to these three watches you have made no entry? A. No; I was in Scotland when they arrived and on 12th June—I was there two months.
CHARLES BROWN . I am a watchmaker and repairer—I was in the habit of repairing for Mr. Stauffer—the prisoner gave me no gold watch to repair for Mr. Smithers between 12th May and 30th June, nor any watch case—whatever I had to repair I had from Mr. Stauffer.
Cross-examined. Q. The errand boy used to bring them to you? A. Yes—I cannot tell how many I received in May and June without my books, which are at home—it was very few—I only received the cases, not the watches.
COURT. Q. Is the number put on the case as well as the watch? A. Yes—I do not put the numbers down, but I never have received this number (10,149) from Mr. Stauffer at all, because I have received so very few from him lately, and all I have had I have returned—the prisoner has delivered to me, but generally the errand boy.
COURT. Q. You used to receive them by post sometimes? A. Yes—when they came by post the young man in the shop generally received them, but I saw them opened.
COURT to CHARLES BROWN. Q. All the watch cases which you have returned have you returned to Mr. Stauffer himself? A. No, to his place of business—I should say that I received some in June, but what the numbers are I cannot tell.
NOT GUILTY .
MR. PARRY conducted the Prosecution.
ARTHUR AUGUSTUS RASCH . I am an underwriter at Lloyd's. On 30th July I took my watch to Mr. Stauffer's to repair, and saw the prisoner—he went into an inner room, and brought me a watch to wear in the mean time, and I think he hung mine up in a glass case.
Cross-examined by MR. METCALFE. Q. Who besides the prisoner was present? A. The foreman, Mr. Nordmark.
JOHN NORDMARK . I am in the service of Mr. Stauffer. I recollect Mr. Rasch bringing a watch on Saturday, 30th July—the prisoner was present—Mr. Rasch said he wanted it regulated; I told him that it wanted to be
cleaned—he said, "Well, I will leave it for cleaning"—the prisoner made no observation, but gave him another watch to wear—I laid the watch on a glass case where it remained till the evening, when he put it in his pocket, and said that he would see how it would go, and took it away.
Cross-examined. Q. Was there any one there besides yourself? A. Some of the workmen—it was a little before 6 o'clock in the evening—it is a common custom to take a watch away to see how it goes.
FRANCIS CLAUDE . I remember the prisoner coming to business on Monday, 30th July, about half past 9 o'clock—about half past 12 or 1 o'clock he asked leave to go away for half or three quarters of an hour—I told him to be back as quick as possible; he left and did not return that day or the next—I then went to him and asked him where Mr. Rasch's watch was—he was down stairs taking his breakfast, it was about 1 o'clock—I asked him if he was ill—he said, "Yes"—I said that I did not think he looked very ill—he said that Mr. Rasch's watch was at the office—I asked him if he was quite sure; he said, "Yes; I have no watch at all about me;" showing his pockets—I asked him a third time, and he said that he was quite sure—I searched everywhere for the watch before and after that, and the workmen searched with me, and we could not find it—this (produced) is a letter I received a little after I had been at the prisoner's house on Tuesday; it is in his writing—no, this came on Wednesday, by the post mark—I received two or three letters from him of the same description, and that is the reason why I did not remember—(Read: "Sir, I started away from home this morning with the intention of coming to business, and calling on the doctor on the way, although far from well; and he advises, if possible, to stay away. Under these circumstances, I must beg of you to excuse me till to-morrow, when I shall be quite well, and fit for business. I will call in the afternoon, if I can. "Addressed, "Mr. J. Stauffer. ")—Mr. Stauffer was not at home, he had just left for his house—at the interview I had with him on Tuesday, I said nothing about any other watches; I knew of no others being missing—I went on Wednesday evening to his house with Webb, the detective—we arrived about 8 o'clock—there was music inside, and we did not go in—we waited till nearly 11 o'clock, so as not to disturb the respectable people who might have been there—I heard the prisoner sing—he was in the sitting room when I went in—I said that the police had orders from Mr. Stauffer to take him into custody—Webb spoke to him, and I left him in his hands—after he was in custody, this parcel arrived—I did not open it till the officer came—it contained Mr. Rasch's watch and another.
Cross-examined. Q. The prisoner had been married not long before? A. I believe so; he never told me—he lived at Stoke Newington.
LOUIS PETITPIERRE (through an interpreter). I am in the service of Mr. Stauffer. On 28th July, I went into my room at Mr. Stauffer's, for two watches—the prisoner asked me if I had any watches, and I gave them to him—he returned one of them in the evening, and I did not see the other till this parcel arrived—this (produced) is the one which I gave him, and which he did not return.
Cross-examined. Q. What sort of watch was the one he brought back? A. The same as this one—he said that he wanted to show them to his friends—I have never known that to be done, but I gave them to him because he received all the watches from me—I always had to give watches up to the prisoner, and therefore could see no reasonable objection in giving them to him to show—he said he would return them in the evening—when
watches are done, the prisoner's duty is to receive them from me, and enter them—the prisoner had access to all the stock watches when they were finished—200 or 300, or more, would be in stock at one time—they were open, he would have taken them.
MR. PARRY. Q. Were you in the room all day? A. I left for my dinner; another of the clerks or workmen would then be in the room—when I was away I dare say somebody else remained by—it might be the German—the watches which I gave to the prisoner were not entered in the stock, because I had not given them over to the prisoner's charge—it was not my duty to take stock of the watches, or to receive them, it was the prisoner's—these watches were not entered in stock.
COURT. Q. Are the 200 or 300 watches that were in stock kept in the room where the prisoner worked? A. Only those that were not finished—there was always somebody there—he could not take them without being seen—I cannot say whether he was ever alone in that room.
HENRY WEBB . I am a detective policeman. On Wednesday, 1st Aug., I went with Mr. Cloud to the prisoner's house; about 8 o'clock—there was a party, and we waited outside till 11 o'clock—there was singing and playing—after three or four persons had left, I went up into the room, and saw the prisoner—I told him I was directed by Mr. Stauffer to take him, on suspicion of stealing two watches, one left to be repaired, by Mr. Rasch, and the other a new one—he said that Mr. Rasch's watch was in the middle room—Mr. Claude said that it was not—the prisoner said, "If you will take me, I can find it"—I refused to take him—I was aware that the middle room, and all places had been searched for it—he said that the other watch was with a friend of his at the Custom-house—I asked him what part of the Custom-house, and what his friend's name was, and he refused to tell me—I took him to the station—he was remanded next day—I went to Mr. Stauffer's next day, and found this parcel—I opened it—it was addressed, "Mr. H. Donaldson, at Mr. Stauffer and Son's, 15, Old Jewry Chambers, Cheapside" the post mark is "2nd Aug., '55"—it contained two watches, and this bit of paper—(read: "These watches, I am sorry to say, will not suit me; however, I will see you soon")—that was in the box—I took the parcel to the prisoner on the following Saturday, and said, "This parcel has been sent through the post to you, at Mr. Stauffer's; it contains two watches"—I showed them to him, and he said, "It is all right"—I took out one, and he said, "Yes, that is Mr. Rasch's watch, and the other is the watch I took from the warehouse"—he read the paper, and said, "It is all right. "
Cross-examined. Q. Do you know that he was married recently? A. He had been married about five weeks when I took him—he pressed me very much to take him to the counting-house to look for the watch.
JULIUS STAUFPER , The prisoner was in my employ. I went to Switzerland on 10th July, and two or three days before that I said to him, "On no account, and on no consideration whatever, will I allow a watch to be taken out of this place, without mine or Mr. Claude's consent"
Cross-examined. Q. With the consent of yourself or Mr. Claude, you did not object? A. Not if he had asked, and if they had been properly entered.
MR. PARRY. Q. If he had asked your consent, would an entry have been made? A. Yes, but I should not have allowed Mr. Rasch's watch to be sent to any one.
MR. METCALFE. Q. Some time before were you not paid for a watch which the prisoner had taken in this way? A. Yes; he took it without my sanction, and paid my clerk for it—it was in consequence of that that I gave this order.
NOT GUILTY .
OLD COURT.—Friday, August 24th, 1855.
PRESENT—MR. JUSTICE ERLE; Sir CHAPMAN MARSHALL, Knt., Ald.; Sir GEORGE CARROLL, Knt., Ald; and Mr. Ald. FINNIS.
Before Mr. Justice Erle and the Fourth Jury.
796. JAMES SMIDMORE , stealing, whilst employed under the Post-office, a post letter containing a half guinea, 2 sixpences, an envelope, and 1 postage stamp, the property of Her Majesty's Postmaster-General: to which he
PLEADED GUILTY . Aged 45.— Four Years Penal Servitude.
PLEADED GUILTY . Aged 19.— Four Years' Penal Servitude.
MR. SLEIGH conducted the Prosecution, and MR. BALLANTINE the Defence.
NOT GUILTY .
799. WILLIAM CORFIELD , feloniously sending to Alexander William Radford, the elder, a letter, threatening to accuse Alexander William Radford, the younger, of the crime of forgery, with intent to extort money.
(The prisoner (aged 58) pleaded GUILTY under the advice of MR. BALLANTINE, who stated that although he had no legal defence to offer, the prisoner had acted under the impression that he was merely seeking to recover a debt to which he believed himself entitled. MR. SLEIGH, for the prosecution, recommended the prisoner to mercy, on the ground that he probably was not aware that by doing this act he teas infringing the criminal law.)
To enter into his own recognizances in 500l., to appear and receive judgment when called upon.
MR. POLAND conducted the Prosecution, and MR. LAWRENCE the Defence.
GUILTY of the Attempt. Aged 17.— Confined Six Months .
MR. MEW conducted the Prosecution, and MR. LAWRENCE the Defence.
GUILTY . Aged 38.— Death Recorded.
NEW COURT.—Friday, August 24th, 1855.
PRESENT—Sir GEORGE CARROLL, Knt., Ald.; Mr. RECORDER; and Mr. Ald. FINNIS.
Before Mr. Recorder and the Fifth Jury.
802. DAVID BARNETT, DAVID POLACK , and THOMAS WILLIAM BEAL , breaking and entering the warehouse of James Deane and another, and stealing 57 watches and other goods, value 1,200/., their property. 2nd COUNT, feloniously receiving the same.
MESSRS. BODKIN and METCALFE conducted the Prosecution
JAMES THOMAS DONOHUE . I am foreman to Messrs. James Deane and Co.; they have premises in King William-street, which extend down Arthur-street to within one door of Fish-street Hill—it is in the parish of St. Margaret, Fish-street—the house at the corner of Fish-street Hill is occupied as a warehouse—no one sleeps there, and no one sleeps on our premises at night—on the night of Saturday, 7th July, I locked up our premises about 20 minutes past 7 o'clock—I saw that they were all quite safe when I left them—I keep the keys—I went to the premises on the Monday morning following—I was the first there—it was about 7 o'clock—I found the stock strewed about the place, and in great disorder—ultimately I found a large quantity of stock missing; of watches, chains, pencil cases, and other goods—on looking further, I found how the entry had been effected, that they had broken a padlock on the third floor, and got in at a window—that window was barred, and there was a small door in it which was fastened by means of a padlock—the window had a small door or gate in it—that window leads on to the leads, and that window had been forced, showing that persons had come in from the leads, and there was a ladder placed close to a chimney, which ladder had been taken from our stock inside our house—I found a rope placed round another chimney; by means of that a person could get on the leads or from the leads—I found that persons had broken into the adjoining warehouse, and got through a partition and on to the leads—I communicated with the police.
WILLIAM GALE (City policeman. 520). I was called to Messrs. Deane's on Monday morning, 9th July—I went over the premises, and found them in the state which the last witness has described—I found these instruments on the premises; three crow bars, a stock, and bits, and keys, and other articles, all of them being instruments used in housebreaking, and this rope.
JOHN HEALEY . I am assistant to Samuel Henry Fuller, a pawnbroker, No. 15, King's-place, Commercial-road East—I produce two silver watches pawned at our shop on 10th July, for two guineas, by the prisoner, Barnett, in the name of John Emanuel—I did not take them in—I was in the shop, and I saw him in the shop—another assistant took them in, but I was present—it was about half-past 2 o'clock—there was a man named Morris there—I had seen Barnett twice before at our shop—when he left the shop he was joined by a man outside, who, I think, was the prisoner Polack.
Cross-examined by MR. M'ENTEER. Q. You saw Barnett pawn these watches with you? A. Yes, I saw him—he did not pawn them with me—I have known him several years—he was aware that I knew him—his conduct was perfectly open—there was a man outside—that man did not come in at all, when Barnett went out they seemed to meet each other, they joined at the opposite corner—I have known Barnett about six years—he has pawned various goods with me; always in the usual way of pawning.
Cross-examined by MR. RIBTON. Q. You do not swear positively to the man outside as being Polack? A. No—I had not seen Polack before that Tuesday to my knowledge—whoever the man was, he was standing in the street, on the opposite side of the road—my attention was not particularly directed to him; no further than the three persons joining together—the third person was Mr. Morris—when they went out, they all three joined on the opposite side of the street—Mr. Morris came back to the shop, the other two went away—it was only for about half a minute that my attention was directed to them.
COURT. Q. Do you know what business Barnett carries on? A. As far as I do know he is a watchmaker—I am not aware that he keeps a shop—I know that he has pawned very largely in watches, second hand watches, and I should say that he does deal in watches—I never saw him working as a watchmaker—all I know is that he pawned watches.
THOMAS CRADDOCK . I am assistant to Mr. Byas, a pawnbroker, No. 147, Ratcliff-highway—I produce two silver watches pawned on 10th July, for 2l. 5s. in the name of James Jones, by the prisoner Polack—he was alone—it was between 4 and 5 o'clock in the afternoon.
Cross-examined by MR. RIBTON. Q. Had you ever seen him before? A. Never—I saw him afterwards at the Mansion House in custody—I do not recollect on what day; I think it was on the Saturday—the policeman told me to go to the Mansion House—he told me that a robbery of watches had been effected, and I was going to the Mansion House to identify the man who pawned them—I there saw Polack and Barnett—there was a lad in the shop when these were pawned—he was sweeping the shop out—his name is Coleman—he saw the prisoner.
MR. METCALFE. Q. Are you sure that Polack is the man who pawned them? A. Yes.
WILLIAM BARRATT . I am an assistant to Mr. Barker, a pawnbroker, in Houndsditch—I produce two silver watches pawned at our shop on 10th July, about 6 o'clock, in the name of John Barnett, for 2l. 10s.; they were pawned by the prisoner Barnett.
Cross-examined by MR. M'ENTEER. Q. Had you known him before? A. Yes; I cannot say how long—I have known him for years—he has been pawning watches and jewellery for years—I took him to be a working jeweller—most of our customers are dealers—it is not uncommon for very respectable persons to employ people like him to pawn for them to a large amount.
COURT. Q. Had he ever pawned in the name of John Barnett before? A. I cannot say—I knew him by the name of Barnett, that was the name in which he usually pawned.
MR. M'ENTEER, Q. Was there another watch pawned by Barnett before? A. Yes; a gold watch for 3l. 10s. on 15th June—that was redeemed by a female on 13th Aug., since the prisoners have been in custody.
COURT. Q. In that neighbourhood are there many working watch-makers and dealers? A. Yes; it is not uncommon for honest dealers to raise money by pawning their watches—it is very usual—if a man wishes to buy an amount of property, and has not capital, he will send 50l. or 100l. worth to pawn for a temporary capital, and it is not uncommon for persons to employ other people to do it for them—they send their servants or friends, or people that they know—I have known persons to receive a commission for pawning articles for persons who do not like to come themselves.
JAMES NEWTON . I am assistant to Mr. Barker, of Aldgate, a pawn-broker. I produce two silver watches pawned on 10th July, about half-past 11 o'clock in the morning, in the name of James Barnett—2l. 10s. was advanced on them—they were pawned by the prisoner Barnett—I have two pairs of gold spectacles pawned by him on the next day, the 11th, for 12s., in the same name.
Cross-examined by MR. M'ENTEER. Q. Did you know him before? A. Yes; since I have been there, which is three months—he was known at the shop before—one of these pawnings was on the 10th, and one on the
11th—after the pawning on the 11th we sent for Barnett, a dealer came into the shop, and we told him we wanted him, and he met Barnett and told him we wanted him, and he came soon after—that was two or three hours after he pawned the spectacles.
MR. METCALFE. Q. Had the list come round before he came the second time? A. Yes; we did not say anything to him about the things that we had taken in of him which appeared in the list, because we had communicated with the police, and I believe he was followed.
COURT. Q. Was it in consequence of the list coming that you sent for him? A. Yes; after we had spoken to the dealer, and the prisoner came again, he asked what we wanted him for—I said, "The foreman is not in the way, if you look in again he will tell you"—he came again in about an hour—the foreman told him there were two pairs of spectacles and an eye glass taken in that day, and they were mixed and he wished to know which were his—he showed him the spectacles, and Barnett said, "Those are mine; was that all you wanted me for?"—he said, "Yes"—we had sent for the police, and they were watching him outside in plain clothes—when we take in watches, we generally look at the name of the maker—on this occasion I opened the watches, and looked at them before I took them in—I showed them to the foreman.
JAMES CORBRIDGE . I am assistant to Mr. Telford, a pawnbroker, No. 178, St. George's-street, East, it used to be called Ratcliff-highway—our house is but a few doors from Mr. Byas—I have two silver watches, pawned on 10th July, I think between 2 and 4 o'clock, for 2l. 10s. by Barnett, in the name of John Mayhew—these are them.
Cross-examined by MR. M'ENTEER. Q. Did you know Barnett before? A. I never saw him before to my knowledge—his conduct was perfectly open, the same as others—he offered to open the cases for me, as I had got my nail split—he opened them for me—if they had been English watches we should have taken the maker's name, but being Geneva watches we did not then, but we do now—there is nothing on them to show the name of Deane.
COURT. Q. I suppose if you took in a large stock of watches you would make more inquiries? A. Yes.
RICHARD REEVE . I am a refiner, and live at No. 137, Goswell-street. I know the prisoners—Polack and Barnett were at my place on 11th July, between 3 and 4 o'clock in the afternoon—I buy metals to melt—I enter them in a book—without looking at the book, I remember what took place—they came to sell some silver spectacles and three rings—I cannot tell how many spectacles there were, but they weighed five ounces odd, and they came to 1l. 5s. 10d.—there might have been twenty pairs—they are different in weight—I gave 4s. 10d. an ounce for them as old silver—I afterwards melted them, I think on the following Monday—they also brought three rings—I delivered one of them afterwards to the officer Jackson—this is it (produced)—the others are sold—I think it was 18s. I gave for the rings—I am a dealer besides a refiner—I knew both of those men before—this dealing took place in the shop—I think they were with me twenty minutes, at the outside—I cannot say which of them spoke, which produced the things, or which I paid.
Cross-examined by MR. M'ENTEER. Q. How long had you known Barnett? A. I might have known him a couple of years—he has brought customers to my house—I cannot say exactly for what, but for old gold—I knew Polack as well.
Cross-examined by MR. RIBTON. Q. What time was this? A. From 3 to 4 o'clock—I can say that the prisoners came together—I cannot say who produced the spectacles, or who produced the rings—the goods were weighed, and the money placed on the counter—I cannot say who took it up—I saw Polack afterwards at the Mansion House, I cannot say what day it was—the policeman fetched me to the Mansion House, and told me it was to identify the men who sold the things—I had bought lace of Polack before, and I knew him as purchasing articles of jewellery.
COURT. Q. When the spectacles were brought to you, had they glasses in them? A. No—they were tarnished, as if they had been exposed to the air, in fact, silver spectacles will never sell, they are of no use, and therefore it is useless to keep them—they were not broken or spoiled in any way.
SOPHIA LYONS . I am a widow, and reside in Sandy's-row, Middlesex-street,—I am by trade a jeweller—I know both Barnett and Polack—they both came to me on 11th July—I cannot exactly say the time—it was in the forenoon—they said they had a little lot of plated brooches, which they would let me have for 15s. to put on my board—I said I would look at them—I think they both spoke together—they had not the brooches with them then—Barnett came in the afternoon, and brought eleven or thirteen brooches—they said the first time that I was to give 15s. for them—I did not pay for them when they were brought—Barnett put them on the board, and I said I would pay to-morrow if they suited me—he said nothing, but left them—there were three or four cameos, and I think two had stones in them—I cannot give a description of the others—to my recollection, I think there were some like garters—I gave them back to Polack—he lives next door to me—I said I had no money to purchase them—he took back the whole of them.
Cross-examined by MR. M'ENTEER. Q. What business is Polack? A. In the clothing line—these men came both together in the morning, and after I had conversation with them, Barnett brought the things, and left them—I said I would pay Polack for them.
Cross-examined by MR. RIBTON. Q. You keep a little stall? A. Yes—I deal in all kind of articles—I live in Petticoat-lane.
JAMES JOHNSON . I am a refiner, and live at No. 89, Aldersgate-street. I know Barnett and Polack—I remember their coming to my shop on 11th July—they offered me this gold eye glass—I bought it of them for 9s. 5 1/2 d.—it is a double eye glass, with no glasses in it—at the same time they produced some gold spectacle frames and eye glasses—the eye glasses had glasses in them—the spectacles were without—I think there were about half a dozen pairs of each—both the prisoners produced some—they asked me to buy them—I refused to buy them—they told me they had some brooches that might suit me—they asked me to look at them, but I declined—the gold of this eye glass that I bought is worth about 32s. 6d. an ounce—that is the price I gave for it.
Cross-examined by MR. M'ENTEER. Q. Did you know Barnett before? A. Yes—I had dealings with him some time before—he dealt in jewellery goods.
COURT. Q. Why did you refuse to buy the other goods? A. I did not like the appearance of them.
JAMES RUTHERFORD . I am shopman to Mr. Benham, of Barbican, a refiner; he is successor to Mr. Sirrell. On 11th July, I believe Barnett and Polack came, about 2 o'clock—I did not know them before—I bought nine or ten wedding rings of them—I gave them 80s. an ounce—they came
to 2l. 10s. 10d—they were Hall gold, and had the stamp—I did not pay the money—I gave an order to the cashier—he pays the money—his place is at the end of the shop—we mixed the rings with the stock—we cannot now distinguish them from the stock—the officer Egerton showed me a piece of paper with something written on it—I cannot say on what day—I think it was on Thursday or Friday, in the same week—I had given that paper to the person of whom I bought the wedding rings, at the time of the purchase—I am sure of that—we give a paper to everybody that sells.
Cross-examined by MR. RIBTON. Q. Had you ever seen Polack before? A. No—I believe he was the man—I did not see him again till he was at the Mansion House, and he was then in custody.
Cross-examined by MR. RIBTON. Q. Where did you keep it? A. In my pocket book—I got it from the waistcoat pocket of Barnett—it remained in my pocket book for two or three days—the last I saw of it I gave it to Mr. Wontner's clerk; it was the piece I took out of the pocket of Barnett.
JOHN HARRIS PEARCE . I am assistant to Mr. Sowerby, a pawnbroker of Chiswell-street—I produce a pair of gold spectacles pawned on the 11th July, in the name of John Emanuel, No. 16, Bunhill-row—I think it was between 3 and 4 o'clock in the afternoon—the person who pawned them was very much like the prisoner Polack in his appearance—I believe it was him—I could not swear to him.
Cross-examined by MR. RIBTON. Q. You had never seen him before? A. No—the next time I saw him was at the Mansion House—the police-road took me there, and told me what I was going for—I saw the two prisoners there—I said I could swear it was not the prisoner Barnett, but it was very much like the prisoner Polack.
ALFRED COTTON . I am assistant to Mr. Attenboroagh, a pawnbroker in Crown-street, Finsbury—I have a pair of gold spectacles pawned on 11th July, in the name of John Emanuel, by the prisoner Barnett, between 3 and 4 o'clock—I did not know him before.
Cross-examined by MR. M'ENTEER. Q. Was his conduct open and unreserved? A. Yes, the same as other persons.
SAMUEL EGERTON re-examined. I took Barnett on Friday night, 13th July, in Petticoat-lane—I told him it was on suspicion of stealing a quantity of watches from Messrs. Deane and Co. in the City—he said, "I know nothing about it"—I asked him if he was in the Highway on the Tuesday previous, pawning watches, or in the Commercial-road pawning watches—he said, "No, I was not in the Commercial-road nor the Highway, nor did I pawn any watches"—I took him to Leman-street station, and went to search his house—I found nothing in the house relative to this case—after I had been to his house, I went back to the station in company with his wife—she said to him, "Why don't you tell who employed you to pawn these watches? if you don't tell I will; you ought to think of your children"—he said, "I will tell all about it; I was in the Highway on the Tuesday, and in the Commercial-road, and I did pawn watches there"—he said he was employed by a man of the name of Polack, living at No. 16, Sandy's-row, Petticoat-lane—he was a clothier or general dealer, and if I would go to a house, No. 190, Church-street, Shoreditch, to a person of the name of Mrs. Lowe, I should find some more of the property there—I had before told him I had found some watches in the Highway—he said on Tuesday morning Polack came to his house, and took him to Mrs. Lowe's—he said,
"We both went into the house together, and I received a packet of watches from Mrs. Lowe, and they were the watches I have been pawning"—I then searched him, and in his waistcoat pocket I found the bit of paper of which I spoke before—when I took the paper out of his pocket, he said that related to some wedding rings that he and Polack had sold at Benham's shop, in Barbican, on the Wednesday previous—I believe Mrs. Lowe is an aunt of Polack's—I went there on the Saturday morning—I found there was a Mrs. Lowe lived there—I spoke to her—I found nothing there—I took Polack the same night at No. 16, Sandy's-row—I found he was carrying on the business of a clothier there—I told him I took him on suspicion of stealing a quantity of watches and jewellery from Deane and Dray in the City—he said, "I don't know what you mean"—I repeated it over again—he said, "I know nothing about it, nor did I have any watches"—I asked him if he was in Ratcliff-highway or the Commercial-road on the Tuesday previous, along with a man of the name of Barnett, pawning watches—he said he was not in the Highway nor the Commercial-road, pawning any watches, nor did he know Barnett—I searched his house, but found nothing relating to this case—the property in his shop was taken down from the shelves, and all packed up in hampers—I asked him why the property was all packed up; he said some of it was come from the Exhibition Change, where he had a stall, and the other was going down to Wales, he had got a shop there—I then took him to the Lambeth-street station where Barnett was, and I said to Barnett, "Is this the man that employed you to pawn the watches?" Barnett said, "Yes, he is the man"—Polack then put his hands together, and said, "Oh my God! if you will say that, you will say anything."
Cross-examined by MR. M'ENTEER. Q. Were you in plain clothes? A. Yes—Barnett gave me his address, which was quite right—when I went to his house, I saw his wife—he seemed very poor—when I went with his wife to the station, she at once said, "Why don't you tell the truth, who employed you to pawn these watches?"—Barnett then began to cry, and he stated that he did pawn watches—he told me where Mrs. Lowe lived, and it was correct—Mrs. Lowe told me the watches had been there, and she had sold them.
Q. Did he appear to be carrying on the business of a watchmaker? A. There were tools on the bench, which appeared to me like the tools of a watchmaker—the statement of Barnett did not facilitate the getting the property back—what property I got, I found by making inquiries at pawnbrokers' shops—I afterwards found the pawn ticket of a watch when I went to Polack's house; his wife gave me a duplicate, and said that was of her watch—it was hers, and it was pawned previous to the robbery—I returned the duplicate back to Polack's wife, as it did not relate to this property.
Cross-examined by MR. RIBTON. Q. How do you know that Mrs. Lowe is the aunt of Polack? A. I do not know it—I heard it—I found his wife at No. 16, Sandy's-row—what was packed up had no relation to this robbery—he told me that some of his property he brought from the Exhibition Change, where he had stalls, and he has stalls there, and the other was going to Wales—Mrs. Polack gave me the duplicate of a watch which has nothing to do with this charge.
JAMES BRETT . I am an officer of the City police. I took Beal into custody on 30th July, not on this charge—I found him in the parlour, at No. 31, Barton-place, St. Andrew's-row, Cambridge-heath—Haydon, who was
wish me, searched his person—I searched the room—there was a card table there—I said to Beal, after Haydon had searched him, "Have you any other stolen property in the house?"—he said, "No"—I proceeded to search—I came to the card table drawer, and I had a difficulty in getting at it—he said, "You will find nothing there; there is no drawer there"—it is a table that turns, and there is a well or drawer in it—I continued till I had succeeded in finding the drawer, and in it I found a great number of articles—I have a list of them, which was made by my dictation at the station—(reads:) "Eight gold watch cases, and nine movements, eight of the movements fitted the cases, there was one movement without a case, twenty three gold eye glasses, nine other gold watches in cases, three brooches four pairs of gold spectacles, twenty-one gold pencil cases, three Albert chains, three neck chains, a quantity of stones taken out of bracelets, a pair of broken spectacles," and other things—the property which refers to this case are these nine gold watches, three brooches, fifteen eye glasses, four pairs of gold spectacles, twenty-one gold pencil cases, three Albert chains, 1 neck chain, and the broken spectacles.
Cross-examined by MR. RIBTON. Q. In this card table were these things rolled up? A. Most of them were rolled up in paper—some were loose—all the property that relates to this charge was in paper—there was no string round it—they were in different parcels, not all in one parcel—I believe Beal did not say anything—he did not say anything in reference to this charge—I did not hear him say something about a man having left the property there.
Q. Did you hear him say that a man named Jones came there, and asked him to let him leave them? A. No—he said that Jones called and left him the property that we found upon him—he did not say that somebody had come there, and asked permission to leave the property found in the card table—that I swear—I have since ascertained that he rents the house of the landlord—I have subpœnaed the landlord here to prove it—I believe, from inquiries, that there are no lodgers in the house, only his daughters and his wife living with him—I do not know how many rooms there are, I should say it is either a four or a six roomed house—I found these things in the front parlour, where the prisoner was—this was about 4 o'clock in the afternoon—he had been from home in the former part of the day—I do not know how long—I had seen him perhaps an hour before—I do not know whether he had been more than an hour from his own place—I had not him in my sight above ten minutes—that was about an hour before I saw him in his own house—it was some distance from his own house—it was in consequence of inquiries I made and information, that I went to his house—there has been a reward of 200l. for the discovery of the persons who committed this robbery—that was shortly after the time the robbery was committed.
Q. How long was it after the offering of the reward that you received the information on which you went to this man's house? A. I received indirectly more than one information—I dare say I received information a day or two afterwards, and very many times—there was another man went with me and Haydon to Beal's house—I do not know his name, he was not a policeman—Haydon, and I, and Beal, and the fourth man left the house in a cab together—that man was in the house during the search—he was in the front room at the time I took this property out of the card table—Haydon gave that man a sovereign in the cab—he did not promise to give him more—he left us when we got to the station—I have seen him twice since—I, and Haydon, and that man went into Beal's house together—that
man was in the parlour—I did not hear him say in the hearing of the prisoner that he was an officer—when we went to Beal's house, I saw several other persons walking about—I did not see one man in particular—I saw by what I could understand several of the prisoner's daughters and his wife in the house—whatever the prisoner said, it was after something had been taken from him, which does not relate to this charge—after I took this property out of the drawer—to the beat of my belief, he did not say anything with respect to the property—he said, "Oh, my God, I am innocent!"—he made use of that exclamation a great many times, before and after I had taken the property out of the card table.
COURT. Q. A fourth person went with you? A. Yes—he was in my eye there during the time—it was not in the nature of things possible that he could have put the things in the well of the table, certainly not, he sat on a seat by the window—when the prisoner said, "Oh, God, I am innocent!" he did not at that time say that any other person had put the property there, or anything to that effect—he has never alleged that in my hearing.
HENRY HEATH BEVERLY . I am a salesman in the employ of Messrs. Deane and Co. On Saturday night, 7th July, the watches were all safe—the watches were under my care—I went on Monday morning, and the watches were missing—I know the whole of these nine gold watches which were found at Beal's, by our own private mark on them—these were all in stock on the Saturday, and were safe when I went away, and were missed on the Monday morning.
COURT. Q. Have you seen the whole of this property? A. Yes—I can identify the whole of what Brett produces as found at Beal's, with the exception of two neck chains—the whole I had in stock on Saturday night—some of them have private marks on them—we do not take that mark off when they are sold—but the watches I can speak to as having been there on the Saturday night—I know by the numbers that they have not been sold.
MR. BEVERLY. These were our property and were in stock.
COURT. Q. Have you the numbers entered in a book when they are sold? A. Yes—these other watches pawned with Mr. Barratt, Mr. Craddock, Mr. Corbridge, and Mr. Newton (looking at them) I identify as being in our stock on the Saturday night—these spectacles produced by Mr. Newton have our mark—we had such—we missed about sixty pairs—this ring produced by Mr. Reeve is a pattern we had at that time—we lost one of this pattern from the stock—this eye glass produced by Mr. Johnson is a pattern that we had without glasses for some considerable time—we missed thirty or forty pairs, some with glasses, and some without—we missed some gold brooches, some cameos, some stones, and thirteen or fourteen wedding rings—these gold spectacles produced by Mr. Pearse are a pattern we had—I could not swear to them—here is one letter of our mark on them—these gold spectacles produced by Mr. Cotton resemble ours—there is no mark on them.
MR. METCALFE. Q. Have any of the marks on the nine watches been altered? A. On two of them they have been erased.
COURT. Q. Would that attract the attention of a dealer in watches? A. Yes COURT to JAMES BRETT. Q. Does Beal carry on any trade? A. No—he said he was a dock labourer, and Haydon said, "How does a dock labourer come to have a gold watch in his pocket?" which he had at that time—he has been an omnibus conductor.
Beal. I am a milliner; I did work in the docks sixteen years ago.
(Lewis Levy, of Castle-street, Whitechapel, a clothier; Isaac Moss, No. 9, Rutland-street, New-road; Charles Hurley, a beer shop keeper; Henry Leary, and Nicholas St. Ledger, licensed victuallers, gave Polack a good character.)
Cross-examined by MR. METCALFE. Q. Where has he been living? A. Always about Hackney-road—I do not know the name of the street where he was living when he was taken—he had no place of business—he was in the millinery line—he has carried that on five or six years—he took the things round to haberdasher's shops—before that he was an omnibus conductor for two or three years—before that he was a newspaper agent, he had a walk, and served licensed victuallers with newspapers—he had a great many houses to serve—he carried that on for four or five years—before that he had a situation at the docks.
COURT. Q. What was he at the docks? A. A marker and sampler—he was in regular employ—I do not know whether it was at St. Katharine's Docks or London Docks.
(John Freddy, of Bethnal-green; George Hopkins, Bethnal Green-road, a haberdasher; Robert Kynaston, Union-street, Bethnal Green-road, a licensed victualler; Edward Jacobs, a retired tradesman, living at Milton; George Godier, a haberdasher, Hare-street; William Lanbeck, Pearson-street, a hearthrug weaver; and John Howe, a founder, at Hackney; also gave Beala good character.)
GUILTY of Receiving.
(Barnett and Polack were further charged with having been before convicted)
FRANCIS LIVERMORE (policeman of the Great Northern Railway). I produce this certificate, which I got at Mr. Clark's office—(This certified the conviction of David Barnett at this Court in Nov., 1851, of stealing ten watches, and that he was sentenced to six months' imprisonment)—Barnett is the person.
(The conviction against Polack was not proved.)
Transported for Fourteen Years.
(There was another indictment against Beal.)
THIRD COURT.—Friday, August 24th, 1855.
PRESENT—Mr. Ald. CUBITT; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Second Jury.
PLEADED GUILTY . Aged 64.— Confined Two Months.
804. WILLIAM STEINTON , feloniously forging and uttering a warrant for the delivery of 15 watches, with intent to defraud: also, unlawfully obtaining, by false pretences, 15 watches, value 45l.; the goods of Lucien Marchand: he
PLEADED GUILTY* to the 2nd Indictment. Aged 37.— Confined Six Months.
MR. PAYNE conducted the Prosecution.
ROBERT FEATHERSTONE GREATHEAD . I live at No. 45, Old-street-road, and am a steward—the last vessel I was in was the Arena. On Thursday, 9th Aug., about half past 2 o'clock in the morning, I met Brown in the City-road—she asked me to give her something to drink, I told her I did not feel inclined as I wished to get home—she pressed me, and I said that I did not know a house which was open—she took me to Levy's, in the City-road—I walked with her to the top of Paradise-street, where I talked to her and felt a twitch at my coat pocket—I heard something snap, put my hand to my pocket, and missed my watch—I am certain I had it when I came out—I accused her, and she said that she bad not got it—I took hold of her hand directly, we walked to the top of the street, and two men ran across and wanted to know what was the matter—Taylor was one of them, Brown leaned towards him, and he leaned towards her—the men then said, "We will fetch a policeman?" and they both ran away—I did not leave go of Brown—she called, "Police!" in rather an under voice—I met a policeman, who took her into custody—a policeman came into the station and said, "There is a couple of young men over the way, go and look at them"—I went out and recognised Taylor as the one who had leaned towards her, and gave him into custody—I was sober—my watch was worth 6l. 6s.
Cross-examined by MR. HORRT. Q. How long have you been ashore? A. Just upon three months; I had been to the Eagle on this night, and then to the house of a friend, where I stopped till 10 minutes past 2 o'clock—I had about three glasses of wine all the evening—I called for a glass of gin at Levy's for her, and I drank a little with her—I did not straggle with Brown—I did not call police, because 1 did not see any police—I held her ten minutes or a quarter of an hour—the two men came up five or ten minutes before the officer came.
Brown. Q. Did not you catch hold of my hand at the very moment and say that you would hold me, whether you had lost it while with me or not? A. I never said so; I did not ask you to come to my house—both the men wore hats, and not caps—you cried "Police!" both before and after the men came up, but rather in an under voice at first—I think it was meant as a sign for the men to come up, for they ran across the road directly—when they had gone, you went on crying in the same way—you said that you had not got the watch.
JURY. Q. Did the two men ever come back with a policeman? A. No.
ARTHUR BROWN (policeman, A 422). I heard a cry of "Police!" in a female voice, and found the prosecutor holding Brown's hand—he said, "This female has taken my watch"—I took her to the station, and saw Taylor and another young man, and two females near there—the prosecutor pointed out Taylor as one of the two who had ran away—the prosecutor was perfectly sober.
Cross-examined. Q. Did you hear Brown say before the Magistrate that Taylor was not one of the men? A. Yes.
BROWN— GUILTY . Aged 18.
TAYLOR— GUILTY on 2nd Count. Aged 19.
Confined Nine Months.
MR. PAYNE conducted the Prosecution.
WILLIAM SAMUEL BURTON . I carry on business under the name of Rippon and Burton, in Oxford-street—I know the prisoner as collector to the London Sailors' Mission, and had been in the habit of paying him money for the society for some few years—I was engaged talking to a gentleman, and I directed my attention to the prisoner—he said, "I have called for your annual subscription"—I gave him 10s. from my pocket, which was the amount of the subscription—I had no other connection with him, except as the agent of this society—I gave him the 10s., because I believed him to be the collector—he did not give me a receipt—I saw him again in May, and he then called for my annual subscription—I charged him with not giving me a receipt in Feb., he said that he had—my memory was very positive, and I referred him to a clerk to get a receipt for the money I had paid him—here is a receipt (produced) for 10s., dated Dec 10th, 1854, and signed, "Buckingham"—I did not give him a second subscription.
Cross-examined by MR. ROBINSON. Q. Was anything said on the second occasion in May about Bagged Schools? A. Not that I recollect—all he said in Feb. was, "I have called for your annual subscription."
MR. PAYNE. Q. Was there any other annual subscription than that to the sailor's association? A. No, that was the precise name that I always gave to.
JURY. Q. Did you ever have a report of the society? A. No—I have subscribed about seven years—it was originally given to the prisoner, and I have on a previous occasion had a conversation with the prisoner about the society—I never expected a report.
JOHN BROOK . I am clerk to Charrington and Co., brewers of Mile-end—I know the prisoner—he came to, me about 29th June, and I paid him 10s. for a subscription for the firm, and took this receipt from him (produced) after the money was paid.
Cross-examined. Q. On the same occasion? A. Yes.
EDWARD THOMAS FOGWELL . I am clerk to Messrs. Silver and Phillips, of Tooley-street On 5th July, I paid the prisoner 5s.—he said that it was for the London Sailors' Society, and that he came for the subscription—he offered me this receipt after the money was paid—(This was a receipt for 5s. for the London Sailors' Society, signed "Buckingham")—this receipt is entirely in writing; it was written by the prisoner at the time.
THOMAS PARKINS SILVER . I am a partner in the firm of Silver and Phillips—I was a subscriber to the Sailors' Society for several years—I paid my subscription through my clerk—I have seen the defendant, and paid him money on account of the society.
Cross-examined. Q. Has he asked you for subscriptions for the Ragged Schools? A. I met him in the street five or six weeks since, or rather more, and he said that he was establishing a new charity, and asked me for my support as patron or president—he said that he had made the society a present of the ground to build a hospital.
MR. PAYNE. Q. Did he give you a receipt on any occasion except this last one? A. No, all the other payments were entered in a book.
HENRY MAJOR . I am an officer of the Mendicity Society. On the morning of 30th June, I took the prisoner, in consequence of information, at Emily-place, Maryland-point, Stratford—I told him he was charged with collecting money of Mr. Burton, No. 39, Oxford-street, under false pretences, in the name of the Sailors' Mission, there being no such society—he said that there was a London Sailors' Society—I said that I was aware of that,
but that I had received information from Mr. Rayner, who was the treasurer, that it had ceased to exist for two or three years—I know of no such society as the London Sailors' Mission—I have made inquiry about the whole of the Regent's-park—on the way to the station he said that if I would make the matter right for him he would give me 20l.—I had seen, "Regent's-dock, Limehouse," on one of the receipts, and at Marlborough-street, I asked the Magistrate to ask him where the counting house of the society was; he said that the word "Park" was a false print, and he had erased it, and put in "Dock"—Mr. Hardwicke asked him where it was; and he said that it was held at Sharpe and Rickett's coal wharf, Regent's-dock.
Cross-examined Q. You are an officer to the Mendicity Society alone? A. Yes, not to any other—they are prosecuting in this case—what the prisoner said was not, "I would rather have given 20l., than any charge should be made against me"—he offered to give it to me—he had not got it with him then, but he said that he could get it—I have stated this conversation before; the whole of what I have said to day, at Marlborough-street—I swear that, but I did not state it all on the first examination—I was not asked the question—there was one week between the first and second examination—on the first I stated the charge—I gave my evidence first, Mr. Burton was not present, and the prisoner was remanded for a week—I am not aware of any discussion between the Magistrate and the prosecutor, as to whether there should be a committal or not, I do not remember it—I will not swear that there was not—I will not swear that Mr. Lewis had not addressed the Magistrate before I made that statement—I do not remember.
Q. Was not there a suggestion on the part of the prosecution that he should be summarily convicted, and did not Mr. Lewis insist that he should be committed or discharged? A. There had been an application for a summary conviction by Mr. Lewis on the first occasion—by this Mr. Lewis (the defendant's solicitor)—the defendant was undefended on the first occasion, and Mr. Lewis was there on the second occasion—there were three hearings—on the first occasion Mr. Lewis said that he thought he should be giving Mr. Burton a great deal of trouble, and Mr. Hardwicke said that if the prisoner was guilty he should be sent for trial.
Q. On your oath, did not Mr. Lewis request the Magistrate, if he would deal with the matter at all unfavourably to the prisoner, to send him for trial? A. Those words I will swear to which I have sworn to.
MR. PAYNE. Q. How long have you been connected with the Mendicity Society? A. Between three and four years—on the first occasion, the prisoner was not represented by any professional person, on the second, Mr. Lewis attended, and on the third, Mr. Lewis's son—it was on the second occasion that the application was made to have a summary conviction.
COURT. Q. You say that Mr. Lewis said that it would be giving Mr. Burton a great deal of trouble to attend, are you sure that that came from Mr. Lewis? A. Yes; not from anybody who appeared for Mr. Burton; and he said that if he had offended the law, he was willing to abide by the decision of the Court.
Cross-examined. Q. Have you ever received any money from the prisoner? A. I have paid him some on account of some society—I have never taken
in any letters for the Society—I will not swear that I have not taken in letters for him in the name of Buckingham, but not for any society, and I do not recollect any letters for him—I am aware of no communications to be made to the Society there, nor am I aware of any such office at the Regent's-dock—I think upwards of two years ago I saw the prisoner preaching on board vessels to the sailors, but I was at a distance.
GEORGE TEAL HILL . I live at Bedford-place, Commercial-road, and am secretary to the Seamen's Christian Friend Society. I am acquainted with sailors, and with the institutions for their benefit—I have been connected with the Society since July, 1851—I knew the prisoner about six or eight months before I became secretary—I know of no institution in existence now, or at the beginning of the year, called the London Sailors' Mission—if there had been such a society I should have known of it through the regular means, of publications, meetings, reports, and statements.
Cross-examined. Q. You never knew of any public meeting of the Society at Exeter Hall? A. No—I have never heard the prisoner preach, but I was on board of a ship once when he read a chapter of the Scriptures, and made remarks on some of the verses—I have never seen him distributing Bibles.
SAMUEL LONSDALE . I am one of the agents of the British and Foreign Sailors' Society; the president is the Earl of Ducie. I am a sailor's missionary—I am in the habit of going on board of ships, and talking to sailors—I have been connected with the Society seven years, and go among sailors every day, except Saturday—I am acquainted with the societies for the benefit of sailors—I know of no society called the London Sailors' Mission—I should have come in contact with its missionaries in my work, supposing it to have existed, but I never did so—I have seen the prisoner in the streets, and about four years ago I saw him in Regent's Dock.
Cross-examined. Q. What was he doing, preaching? A. No—I do not know of any society called the London Sailors' Society—I heard that there was such a society about four years ago—I heard it spoken of, but the London Sailors' Mission I have not heard of.
MR. PAYNE. Q. Have you come in contact with any of its missionaries lately? A. Never, except seeing Mr. Buckingham once in Regent's Dock—he is the Society, as far as I know.
COURT. Q. You did not know of any such society at the beginning of this year, have you ever heard of such a society? A. Never, during the whole seven years—it would be impossible for it to exist, without its missionaries coming in contact with me—I am labouring every day, except Saturday—I hear of men going about even begging among sailors, and appropriating the money to themselves.
JOSEPH DAVIDSON HAHN . I live in Margaret-street, Limehouse. I have been one of the missionaries of the British and Foreign Sailors' Society, and am connected with it now—I began in 1851—during that time I have never heard of the London Sailors' Mission, and never came in contact with the missionaries of a society bearing that name—I was about among sailors every day—I heard of a society called the London Sailors' Society—it is not in existence now, it has ceased to exist about two years.
COURT. Q. How do you know that? A. There was a meeting held—I was not present.
JOHN WILLIAM RAYNER . I live at King Edward's Villas, Hackney. I was treasurer of the London Sailors' Society—I ceased to be connected with it something like two years ago last Feb.—I do not know of any society called
the London Sailors' Mission—I understood that the Society's name was altered, that was all—I do not know exactly that the prisoner was holding office there at the time I was treasurer, but he was recommended by two or three gents very strongly—I was a very little time in it, as I could not attend the meetings—I know that it has changed its name, from different parties who I come in contact with in different religious bodies.
Cross-examined. Q. Did you hear that the came was the London Sailors' Mission? A. I heard that it had altered its name to a mission.
THOMAS SHERWOOD YOUNG . I was secretary to the London Sailors' Society. I believe it is in existence under the name of Mission—it has a vice-president and a committee—it goes now by the name of the London Sailors' Mission—the vice-president is W. G. Habershon, Esq., the architect—I wrote a letter to him, and received an answer; after which I went, in company with another gentleman, to speak to him—I asked him whether the letter was written by him, or his instructions—he said that it was written by his instructions, and said, "I am the vice-president of the London Sailors' Mission"—his office is No. 38, Bloomsbury-square—I do not know his residence—he stated in his letter, and likewise in my presence, and that of the gentleman who accompanied me, that Mr. Buckingham was authorized missionary and collecting agent for the London Sailors' Mission—I was before the Magistrate with this letter, and they refused to hear my evidence.
NOT GUILTY .
MR. DUNCAN conducted the Prosecution.
SAMUEL HARRISS (through an Interpreter). I am a tailor, and live at Whitechapel. On Friday, 6th July, I saw Myers—he said that as far as laid in his power he should raise money sufficient, and he could get work for me to the amount of thousands; that he knew some of the highest foremen in the establishment of Mr. Pearce, the army contractor over the way, and if I would raise money he could get me work—I was with him in a public house, and he pointed over the way—I do not know the name of the street, but that is the owner of the public house (Mr. Richards)—both Myers and Dowling showed me the house—Myers took me to the public house on the Saturday following at 1 o'clock, and we there met Dowling—when I went in, Myers asked Dowling if he could speak a few words to him—he spoke to him, but I did not well understand what he said—Dowling told me that he was the highest man at Mr. Pearce's, and had got the control—I asked him who Mr. Pearce was, but I could not understand what he answered—he addressed me in English, and Myers translated it—I gave Dowling 2l. on that occasion in the public house, that was because he told me that he would get me plenty of work—I can speak a little English—I talked English with Dowling, and that which I could not speak Myers spoke for me—I could not understand the meaning in English of the sentences which Myers translated, I only listened to what Myers told me—Dowling handed me over six coats to make, that was directly after I had given him the 2l.—he gave me no receipt for the 2l. it was for security for the six coats—I made them up and Myers took them to the place, because I did not know where to go—I went with him, and saw Dowling in the same room—he said in English that I came too late, that he had 100 coats and could not wait any longer for me—Myers said, that we ought to have been there before—I understood some part of it, and
the remainder Myers told me—Dowling took the six coats, and brought me down seven others—he said something about a farther advance of money, but I did not understand him—I counted to Myers 15l. on the table, and he counted it into Dowling's hand who put it into his pocket—I did not understand what was said about why this money was to be paid to Dowling—I had known Myers a week or a fortnight before 6th July—he spoke to me on 6th July, about knowing Mr. Pearce's foreman, in German, and I thoroughly understood what he said—he said that he knew the highest foreman of the government contractors, but did not mention the name of one of the contractors before the 2l. was paid, and then he mentioned Mr. Pearce over the way—that was before I paid him the 2l.—I would not give him the money, till I was shown the name of Pearce over the way—Dowling said the word "Pearce," and Myers showed me over the way—I could not understand the word Pearce from Dowling, without any interpretation from Myers—I heard from Dowling that he took the 15l. for security, but I understood nothing from him except what Myers translated—Myers said that he saw Dowling take in the work and give out the work, and he was the highest foreman at Pearce's, that the governor had no control, that he had all the control, and could do as he liked—he did not tell me how long he had known him—when Myers first spoke to me he said, "We have got a chance to make a fortune of 2,000l.," because he was the highest foreman—before I gave the money, I asked him if he knew the man—he said, "Yes, and you will make us both unfortunate if you do not give the money"—that he saw Dowling take in the work and take out the work, and it would be mine and my children's fortune—Dowling gave me this paper (a receipt for 15l.)—I cannot read English, nor can I understand German in writing—I cannot read.
(The COURT considered that, there was no false pretence; and also, that it was necessary to prove that Myers correctly translated what Dowling said.)
NOT GUILTY .
MR. DUNCAN conducted the Prosecution.
EMMA EDELL . I am a widow, and live at No. 6, Howland-street, Fitzroy-square—five or six weeks after Christmas, I took a room in the house of the two defendants, No. 17, Clare-court, Drury-lane, at 3s. per week; my daughter was with me—I made the bargain with both the defendants together, at a shop where they sold clothes, in Drury-lane—Mrs. Burnstein took me into the shop—I made the bargain at 3s. a week with her, and she took me back to where her husband was—he closed the bargain, and I took it from the Friday—it was there explained again, and they both accepted me—my daughter was with me—I took it on Wednesday, and moved the goods in on Friday—I and my daughter were present when they were moved in—there were seventeen chairs, a pianoforte, seven tables, and a great many other things—the pianoforte would not go up stairs, because the staircase was too narrow—the room was an attic—I saw the things there from time to time for some weeks—there was only a latch to the door, and when I took the room on the Wednesday, I was promised a lock by Mr. and Mrs. Burnstein—I complained to Mrs. Burnstein on the Friday that it was not done, and she said that she had been so busy she had not had time, but it should be done—I last saw the goods there about 24th
May; they were all safe then—I have spoken to Mrs. Burnstein about the lock half a dozen times, pretty well every time I have been there, and she always said that I was very troublesome, and rather rude in complaining about the lock, and that the things were as safe as if they were under my own eye, for she never went to the top of the house—I said that she might change her servants, and they might not all be honest, but a lock was never put on—about 26th May, I ascertained from my daughter that the things were gone—I went to the house the very next morning, and it was shut up; I could not get in—I went to No. 31, Lambeth-walk—I first went into the shop, and asked the workmen for Mrs. Isaacs, which was the name over the door; she was called down, and the female prisoner came into the parlour—I asked her what made her husband move my things away so far from my residence; the answer was that she had not gone to Australia, that my things were perfectly safe, and I should have them—I said, "Will you please to write a letter?" she said that she could not, because her husband had gone out to buy a horse—I had not said anything about Australia—we asked at what time her husband would be home; she said that it might be five minutes and it might be an hour—I said, "We may meet him"—we went out and met him in the street—I said, "Mr. Burn-stein, if you please I want my furniture; I have seen your wife, she says that she cannot give them up till you come home"—he said, "I do not know you, I have just come from abroad, I never saw you before"—I thought I had really made a mistake, but I watched him into his house; the house which I had been into—when he got in he called, "Jane;" his wife came down, they talked together for a few moments, and I then went in and said, "I hope you will excuse me, but the time gets on, and I have a great many things to move"—the answer was, "What things, we have no things"—I said, "You said I should have them as soon as your husband came in;" she said, "I certainly had a few things which I bought and paid for"—I said, "Bought and paid for! did you ever pay me one farthing?" she said, "No, but the last payment I made was to your daughter, and that was 30l. "—I never before heard that she had paid my daughter anything—I said that I would bring my daughter on the next day; I did so, and saw Mrs. Burnstein—she said, "I have nothing to say, I have bought the things and paid for them, and if you talk for a fortnight I will say no more"—I had a policeman ready, and as I was rushing up stairs to see if she had the things in the house, she said that she would break my neck if I went up—I went up and said, "That is mine, and that is mine"—the bed was not there then, but when we went the last time there was a bed brought back—I only saw a small portion of the things; I did not see the pianoforte.
Cross-examined by MR. SLEIGH. Q. Were you removing altogether from your house? A. No, but this room was low rented, and I took it to store my furniture—I have no private property now—I have kept a lodging house, and for the last twelve months, a tobacconist's—I was not in any pecuniary difficulties in Jan., just before I removed this furniture; nothing of the sort—I was not in debt, and there was nothing about brokers—I never was summoned but for what I paid—I was not summoned to the County Court a little before Christmas—I believe I was summoned in the course of last year, but my things were not removed on that account—I was sued for 8l.—I was only summoned that once to my knowledge—I was not to my knowledge applied to by an attorney for the payment of money last year, and threatened with legal proceedings if it was not paid—I should
not like to swear that I was not—perhaps you mean an affair which is out of my hands altogether—I was not at Christmas last indebted a considerable sum of money to different people—I never owed such a sum as 200l. in my life, nor 100l.—I cannot swear as to upwards of 50l.—I did sell a few things prior to Christmas to pay my debts—I shall have known the defendants two years the month after next—when I knew them first they were carrying on a clothes' shop—during the whole of those two years, I never sold them anything—I did not tell Mrs. Isaacs of my difficulties just before Christmas—she was no acquaintance—I did not consult with her—I sold the few articles of furniture previously, to a relative—I did not sell any portion of this property to the defendant; there is not a word of truth in it—rooms are cheaper in Clare-court than in my own neighbourhood—my daughter is twelve years and a half old—when I left the furniture there it came to more than I thought, as they were longer taking it up the narrow staircase, and I borrowed half a crown of Mr. Burnstein, which I returned to him the next day—Mrs. Burnstein was a dress maker, and made a dress for me at the time her husband was abroad, as she stated to me—I made an application about this matter at Lambeth police-court, on the same day that I went to Willow-walk—I got the information that the prisoners had moved, from Mr. Gray, of Clare-court, three days after they had moved—the address was put on a paper by the carrier who carried their goods, stating that they had removed the goods on 29th May—I went to the Magistrate again the next day, and he said that it was too large a matter for him, and that I must go to a Civil Court, and afterwards I was told to go back again—when I found that they had sold the things, I went to an attorney, who said that it would take 80l. to carry it through—I applied again at the Police Court about five weeks afterwards—the defendants were afterwards taken into custody—I cannot tell the exact date—I never paid them any rent for the room; they said that they preferred having it at the end of six months.
MR. DUNCAN. Q. Were there several remands before the police Magistrate? A. Yes—I had not traced all the goods on the first hearing; since then I have found them out at various places, and identified them—I have been to the house of Lewis Solomon, an auctioneer, Nos. 3 and 4, Pilgrim-street, Ludgate-hill, and saw a table and pianoforte, which were mine, and had been in the house in question—I have also been to Mr. Picker's premises, a draper, of No. 29 or 30, Crosby-row, Walworth—I think that is where the chairs were—I identified some books and book shelves at Mr. Sivington's—I had twenty-seven or twenty-eight pictures, some of which were portraits of my deceased husband—I have seen three pictures since, but not the portraits.
EMMA ROSALINA AUGUSTA MARY ANN EDELL . I am the daughter of the last witness. I was with her, and assisted in removing the things to No. 17, Clare-court—we asked Mrs. Burnstein how it was that the lock was not done—she said that it should be done—there was a little common latch, just enough to fasten the door—the very last time I was there, which was three days previous to the removal, I asked Mrs. Burnstein if she would make up the account of rent, because we should like to pay her—she said that it was no difference; it could go on for six months, as her rent was paid up to that time—I went there again, three days after they removed, the neighbours said it was, and found the house shut up—that must have been 1st or 2nd June—I made inquiries in the neighbourhood, and went and told my mother that they were gone—I did not go with her to the house next day;
I did the day after—I first saw the female prisoner after that at Lambeth-walk—I said to her, "How dare you to say that you have paid me 30l.?"—she said, "I shall say nothing at air—I said, "But I shall make you say something; where is the receipt?"—she replied, "I cannot write"—I said, "It is not necessary for you to write; it is necessary for me to write"—she said, "I see you want to baffle me, and I shall say nothing more," and not another word did she say.
Cross-examined Q. Were you present when any bargain was made about the rent? A. I was there the day that the room was taken—Mr. Bunstein was present at a portion of the interview—they have two shops; one is in Drury-lane—he was not present at the other house—the female prisoner went across with us—there is not a word of truth in this furniture being sold by my mother—I was not paid 30l.—he never paid us a single farthing—I live with my mother—she sold no furniture at all during the whole of last year—I have never been away from her—I know all about her affairs as well as she does herself, and about her debts, and everything of that kind—I do not think it has anything to do with the case whether she was pressed for debt last year; she was not particularly pressed for any debt; that I am quite sure about—we never had brokers in the house—she was not summoned or sued for the rent of the house she lived in—she has been summoned for taxes when she has been out of town, but she never attended the Court; she always paid—I believe that is the only thing—I do not think she was summoned for an amount greater than 5l. last year—she did not sell any portion of her furniture last year, nor some little things to make up a debt—whatever debts she had to pay, she paid; she never sold anything—I, of course, know all about her affairs for the whole of the year.
AMOS WALLER . I am clerk to Charles Walter Burton, an auctioneer, of No. 3, Broadway, Ludgate-hill. The male prisoner came there, about the middle of May, and said that he had some furniture to dispose of, and wished Mr. Burton to sell it by auction—we knew where be lived, Clare-court, Drury-lane—he called again on 30th May, and asked me to go and look at the furniture—he took me No. 31, Lambeth-walk, and I saw the goods—there was a piano, a lot of chairs, a chest of drawers, and several other things—I did not make a list of them—I had the property brought to our place of business, by our porters, on 31st May, by the male prisoner's directions—I merely went to look at them, to see what conveyance we should want to take them away—they were eventually sold, by the male prisoner's direction, at our place.
LEWIS SOLOMON . I am an auctioneer, of No. 3 and 4, Pilgrim-street, Ludgate-hill. On 21st June I bought two tables, a chest of drawers for about 1l., and a piano for about 4l. 10s., at Mr. Burton's auction rooms—Mrs. Edell afterwards called with an officer—the only article I then had was a table—I showed it to her, but she did not know it again—I had resold the other articles.
THOMAS LOCKYER (policeman, L 135). I took the female prisoner at No. 31, Lambeth-walk—I said, "I am come respecting this affair of the furniture"—she said, "I thought that was all settled"—I said, "I thought so too, but it is not,"she took me up stairs, went to a drawer, gave me this list (produced) and said that the things were sold to Mr. Burton, of Cheapside—she said that I could not take her into custody, for she bought the goods, and paid 30l. for them—I took possession of these articles (produced) which Miss Edell, who was with me, pointed out—here is a writing desk,
with a quantity of papers in it—I afterwards took the male prisoner at the Crystal Palace—I told him I took him for being concerned with his wife in stealing the furniture—he said, "You cannot take me, they were goods bought and sold; I paid 30l. for them, and there is 5l. owing."
MISS EDELL re-examined. This desk is part of my mother's property, which was at Clare-court—these books in it belong to her—it was my father's desk.
COURT. Q. Were these books in the desk at the time? A. Yes, and several of his papers which I find here now.
(Jane Burnstein received a good character.)
JANE BURNSTEIN— NOT GUILTY .
ISIDOR BURNSTEIN— GUILTY . Aged 33.— Confined Twelve Months.
OLD COURT.—Saturday, August 25th. 1855.
PRESENT—Sir GEORGE CARROLL, Knt., Ald.; and Mr. RECORDER.
Before Mr. Recorder and the Seventh Jury.
809. JOHN SMITHERS, THOMAS SUMMERS , and JOHN POLLETT , burglariously breaking and entering the dwelling house of Alfred Wilford, at Paddington, and stealing therein 356 yards of Cashmere, 7 yards of cloth, and other articles, value 80l.; his property.
MR. SLEIGH conducted the Prosecution.
HANNAH WILFORD . I am the wife of Alfred Wilford, of No. 83, Harrow-road, a leather seller. On 26th July I saw that the doors and windows were all fastened, and went to bed between 12 and 1 o'clock—I was the last person up—about 5 o'clock in the morning I was called up by the police, and found the doors and windows still secure, but there is a partition in the middle of the passage, coming out from the wall, which instead of being in its proper place, I had to push back—it was not in the same state as when I went to bed—it is a door and entrance to the shop by day, and at night is pushed forward to form a partition—it comes from the wall in one solid piece of wood, and separates the shop from the passage—it was partly across the passage—that would enable anybody who was in the passage to get into the shop—it goes from the floor to the ceiling, and runs on castors—it is larger than that dock—the staircase window on the first landing was closed when I went to bed, but I do not know whether it was bolted or not—I observed some little cakes of mud on the sill on the inside in the morning, like what would come off the sole of a shoe, but the window was shut down—the street door was open, and a door of a little passage leading into the kitchen, and communicating with the outside of the house—by opening that door you can get into the passage, and out of the house, or out of the window up stairs—the inner door, out of the shop into a passage, was also open—if a person succeeded in getting through that window they could get into the shop, by moving the partition, but not through the door without breaking it—it is like a street door key latch, when it shuts, it fastens, and cannot be opened without a key; but this was opened from the shop—on going into the shop I found that all the cushions and patent leather were gone—my brother has identified them, they are worth 80l.—there was no appearance of violence to that door—about an inch and a half of candle was left burning—the landing window is rather high from the ground inside,
but there is a closet below, outside, about half a yard below the window—the roof is covered with tiles I think.
Cross-examined by MR. METCALFE. Q. How far is your house from Paddington-street? A. Somewhere about a quarter of a mile.
FREDERICK COOK (police sergeant, D 1). On 27th July, about 4 o'clock in the morning, I went to the rear of the prosecutor's premises, and found some steps standing against the back wall which led to the first floor landing—from that wall anybody could easily get to the window—I examined the window, and found a small piece of candle on which persons had trod, and some dirt on the window sill.
WILLIAM NASH . I am a smith, and live at No. 9, Irongate Wharf, Paddington. On 27th July, about 3 o'clock, I was aroused by the barking of my dog—I got up, and looked out at the window over into a court, and saw a man, whom I believe to be Smithers, with several parcels of goods—he was in a private passage, leading to a public house—he was packing them one on the top of another, as if arranging them to be taken away—they were large parcels with brown paper round them, and looked like cloth or woollen goods, but I could not see what they were, because they were in paper—I put my trowsers on, went down with a light, went out at the street door, round the corner into the passage to the man, and said, "Halloo, what game are you up to here?"—he said, "Nothing"—I said, "I know better than that"—he made a spring to get by me—I seized him by the collar, we had a slight scuffle, and he got away, as I had no shoes or stockings on—I followed him two or three yards, and hallooed "Police! stop thief!"—it was twilight out of doors, but dark in doors—about 10 o'clock in the morning I went up to the police station—two men were brought out, and I said, "To my belief, the short man is the one who I had the encounter with, that was Smithers"—his dress and everything agreed with my description—I have not the least reason to doubt it.
Smithers. Q. Can you swear positively I am the man? A. I will not actually swear to you, but I have not the slightest doubt—you turned to the right towards Paddington-green, and I followed you.
COURT. Q. What sort of a struggle was it? A. He gave me a push and trod on my toes, we were face to face—having no shoes or stocking on, I let him go—we each collared one another.
THOMAS BUNGAY (policeman, D 161). On this morning I was on duty in the Harrow-road, eighty or a hundred yards from Mr. Wilford's house, and between 3 and 4 o'clock I saw the prisoner Smithers running off Irongatewharf, in a direction from the passage mentioned—I turned my light on his face and he said, "Have you seen a cab?"—I said, "No"—he said, "A cabman promised to call me up at 3 o'clock"—he went down the Harrow-road walking, and in about five minutes I heard cries of "Police!" I went to Irongate-wharf, where I found Mr. Nash standing beside some property—this is a portion of it (produced)—I have no doubt about Smithers being the man—I had not known him before—the house is in the parish of Paddington.
Cross-examined. Q. There is a cab rank in Paddington-street? A. Yes.
MR. SLEIGH. Q. How far is that from Mr. Wilford's house? A. Three quarters of a mile.
THOMAS OLDING . I am a baker, of No. 11, Duke-street, Exeter-street, Lisson-grove. On this Friday morning I was in Exeter-street, at 10 minutes to 7 o'clock, and saw a cab stop at No. 3, Exeter-street—the prisoner Pollett was the driver, he got down, opened the door and Smithere
got out, went into No. 3, came out again, and got several parcels out—after that the prisoner Summers got out of the cab. and went into the house, Pollett remaining at the cab door—the parcels were rolls, carelessly wrapped up in brown paper—in the course of ten minutes Summers came out, went into an adjoining street, and in about a quarter of an hour returned with a roll of black cloth under his arm to the same house—the ends of the paper were deficient—while Summers was absent, Pollett drove from that door to the George the Fourth, in Duke-street, that is about the distance of this Court—he had corn for his horses there, and I saw no more of him—Summers came out again, and he and Smithers turned, one to the right, and one to the left, to separate corners by which they both went into the same street, but into different parts of it—it is Devonshire-street—I remained watching them the best part of an hour, during which Smithers returned with some pieces of board under his arm—he came out again alone it might be an hour after, but I was at the corner the best part of the morning, for my station is there, and I saw him talking to an old lady in black—I saw him return to the house, and go in and out four or five times—I did not afterwards give information—I live at the corner of Duke-street, Exeter-street, and I was at the corner in the street, just going to open the shop, on the step of my own door—I was in and out of my shop—I had done my night's work—I could see No. 3, from the window of my shop—about a quarter past 10 o'clock in the morning, I saw the officers go to No. 3, Exeter-street, and saw the prisoners brought out in custody, and I then communicated with the police—I have not the least doubt that the three prisoners are the men.
Summers. Q. What is the business part of your day? A. My work is done in the night; my other business is to attend to the shop—I have nothing to do after half past 6 o'clock in the morning—we take down the door shutters of the shop about half past 6 o'clock—the cab stopped at 10 minutes before 7 o'clock—I saw all this, but had no reason to give information to the police—I did not give evidence against you on the same morning that you were taken, my occupation was at the shop—I came before the Magistrate on Saturday, 4th Aug.—I was sent for that day and then I came—what was the use of my coming before I was summoned?—Sergeant Hazledine did not come into my shop at all on the day you were taken—he came and told me he should want me—that was on the next day, the day after the first examination, the 28th—I cannot leave my shop at all times, it wants looking after—I have no assistant till the after part of the day, and my wife was I very ill—I have a next door neighbour, a policeman, who I expect brought Hazledine to me.
COURT. Q. You gave information the same morning, and saw Hazledine next day? A. Yes.
Cross-examined by MR. METCALFE. Q. Is that next door neighbour the policeman at No. 3? A. No; at the corner of Devonshire-street—I am one door from the corner, the policeman at the second door, and Pollett lives at the other side of the street—I do not know whether it is back or front, or whether it looks into the street at all—all the parcels were covered up with brown paper—the cab remained at the door about a quarter of an hour—I do not remember how long it was at the George the Fourth.
MR. SLEIGH. Q. Could you see of what the parcels taken out of the cab consisted? A. No; I could not see whether the ends were open.
which I received the morning after the robbery, I went to Mr. Wilford's premises—afterwards on the morning of the 27th, I went to No. 3, Exeter-street, Lisson-grove, accompanied by two officers, Thrush and Chap. lin, about 10 o'clock, or a little after—we went up stairs into the first floor back room; we there saw the three prisoners, and Pollett's wife—they were sitting down smoking, and they had got some beer, or something before them—I saw these boards and a quantity of cloth, now in Court, in papers on the bed—it was all undone, and lying on the bed—this is it (produced); and this paper was lying on the top of it—the cloth was not in rolls, it had been undone—these boards are the boards it had been rolled in; they were lying on the bed with the cloth—I also found this skin of patent leather—I said to the prisoners, "I take you in charge upon suspicion of committing a burglary at Mr. Wilford's, in the Harrow-road"—they all said they knew nothing about it—I then sent Smithers and Summers away by the other officers, and I remained with Pollett—after they were gone Pollett said, "Mr. Hazledine, I will now tell You the truth"—I said, "What you tell me I am bound to tell the Magistrate"—he then said, "The two men you have now sent away, brought a bundle of the cloth each to my cab. at a quarter before 3 o'clock this morning, at the Paddington-street cab rank, and told me to drive to the City; then they asked me to allow them to take it home to my room, and leave it there for a short time"—he said that he drove them to the City, but he did not say where, and of course I did not ask him—he said nothing further—I then took him to the station—I saw the witness Olding, I think, on the Friday morning, I am not sure—I had some information that he had seen something of it, and I went to his house—that was a morning or two afterwards, not that same morning; it was the following week—they were remanded for a week—I did not see Olding till the day before he came to give evidence—I sent him a summons by one of my constables—I first saw him on the Friday week—I am sure of that—they were apprehended on the Friday, and they were remanded till the following Saturday.
Summers. That ought to destroy the last witness's evidence altogether; he said he saw him the next morning. Witness. The first time I saw Olding was the day before the prisoners came up on the first remand—if Olding has said that I came to him the next morning, it is a mistake, it was another sergeant—there were other officers engaged in the case.
Summers. Q. Do you know a girl called Rose Carpenter? A. Yes, I do; she is a prostitute—I know plenty of prostitutes, and thieves too, in the course of my duty—I have no other acquaintance with Rose Carpenter than that which my duty compels me to have.
JURY. Q. You have known Pollett a good many years? A. I have known him about fourteen years.
A JUROR. I have known him for twenty years.
SILVESTER THRUSH (policeman, D 190). I accompanied Hazledine to Pollett's lodgings, No. 3, Exeter-street, Lisson-grove—I found the three prisoners in a back room on the first floor; they were sitting smoking a pipe—I saw the property which has been produced, lying on the bed—when they were charged with the robbery, they each said they knew nothing about it—I took Summers to the station house, and another constable took Smithers.
Summers. Q. On the first examination, what were we remanded for? A. To get further evidence; I am not aware that any reason was stated—I did not speak to Olding on the morning you were apprehended, nor did
he speak to me—I did not see him—I did not speak to him at all—sergeant Hazledine spoke to him.
Summers. Q. How many policemen took us into custody? A. Three; two more were with us—Olding did not speak to mo that morning.
WILLIAM HOUSE (policeman, D 85). I went with the other officers to Exeter-street, on this morning—I accompanied Thrush to the station house, with Summers—as we were going along, I was rather behind Summers—I saw him put his left hand in his left hand pocket, take out two pieces of cloth, and drop them on the ground—I picked them up—these are them.
Summers. Q. How many policemen took us into custody? A. Three in plain clothes, and two in uniform; three entered the house—I and Thrush took you to the station house—Chaplin and another constable took Smithers—I was just behind you when I saw you drop the pieces of cloth—Thrush had got you by your right arm—I did not make any remark when I saw you drop these—I spoke of it to the officer when I got to the station, not in your presence—I mentioned it before the Magistrate in your presence—that might be three or four hours after you were taken into custody—I showed them to my brother officer at the time you dropped them, but made no remark—when you got to the station you were placed in the cell passages—you sat down there on a form—you were hardly two minutes in the inspector's room, for you began abusing the inspector, and he put you out into the cell passage—you might have been there an hour, or a little better—you were taken into the inspector's room one after the other, directly after the goods came—you heard the charge booked—it was read over—Pollett was taken in with you—the charge was read over to you all three before you were locked up.
THOMAS BRISCOE , I am in the employment of Mr. Wilford I have looked at the property now in Court, and identify it all as Mr. "Wilford's—I left it all safe at ten o'clock the night before the robbery—there are marks on the papers that were round them (pointing them out)—I have measured the lengths, and they correspond—I can safely swear to the property—there is our stock mark on one of these papers, in my handwriting—I am sure this was in the shop that night—the value of the property altogether is 75l. 10s.
COURT to THOMAS OLDING. Q. You have heard what Hazledine has said, can you give any explanation? A. I said at the time that it was Hazledine or Cook; I do not know the policemen apart—I do not know the name of the policeman who lives in Devonshire-street—he is of very old standing in the police—it was not Cook—it was to him that I gave information that same morning, not to the policemen that took away the prisoners—it was Hazledine or Cook who came to me the next day—it was Cook who came to me, Hazledine served me with a summons—I know Hazledine now by sight—it was not him who came to me the next day—he served me with a summons I think the day before I was examined, but I am not positively sure—I saw the cloth produced at the police court, and saw the very bundle there that I saw Summers have under his arm—I cannot now say which it is—there are two or three bundles very much alike—it had a piece of brown paper round it, but the ends were open—I have seen Cook here to day—it was he who communicated with me the day after the robbery—I said before it was Hazledine or Cook.
Summers. Q. Have you not seen Mr. Hazledine a number of times
since this case has been on? A. Yes, I have been with him all the week since I have been here—I have seen him constantly.
Prisoner. And yet you said just now it was Hazledine or Cook who came to you. Witness. There is very little difference in the look of the men—they are both stout, and they do not call one another by their surnames but by their Christian names, and though I have been in their company, I might meet them again in half an hour and call them by each other's names—(Cook was here called in)—that is the man I mean.
Smithers' Defence. This man (Summers) will speak.
Summers Defence. On 27th July, I arose from bed at 7 o'clock to look for work, and went to ask for a job of work at the new bridge that they are building at Westminster, but could not get one; I got up to Paddington at 8 o'clock, and met John Smithers a little after, and we went both of us as far as Maida-hill for another job, but was refused; on our road back we were met by a man about 20 minutes past 9 o'clock, that asked us if we wanted a job; we told him we did, and he said that if we went as far as No. 3, Exeter-street, we could get one, as there was some goods there that a man wanted somebody to carry away; we never saw the man before and have not seen him since; we went, and we saw the cabman at the door, and we asked him if he was the man that had some goods to be carried away; he said, "Yes," and we went up stairs with him; he then said that if we carried those goods as far as Oxford-street, we should have 2s. when we got there, and he said that he would not have wanted us, but he had had his cob out all night, and he had just put it up, as he could not keep it any longer; while we were considering his proposal, three policemen in plain clothes came up and said, "You must consider yourselves prisoners on suspicion of stealing this cloth;" we both said that we knew nothing about it; don't you think that had we been the men that stole the cloth, or even knew that it was stolen, we would have locked the door or made some resistance, but we did neither; four policemen then took us two, and we went to the station house; the policeman, No. 10, stopped in the room with the cowman; it is my belief that, from what was said before the Magistrate, he stopped back in that room to get the cab man to put it on to our shoulders, and if he did he would get off; another thing that looks strange is, that the cabman heard the charge booked and we did not, but were called in by the Inspector ten minutes' afterwards, and were told that we were charged on suspicion of stealing the cloth; we were then locked up till 1 o'clock, when we were taken before the Magistrate; on our first examination, the baker that is against us now was not there; we were remanded for eight days, and then he came and gave his evidence; it seems very strange, from the evidence that he gives, that he was not there on the first examination; and from what I have learnt since, I believe he is nothing more than a made witness, for had he seen anything that excited his suspicion, he would certainly have come up the first day; I certainly think that the man that sent us to the house to get the job, must have been in some way connected with this affair; I hope that you will get this case thoroughly examined, as I think the police have got the affair together, because they did not catch the people that did it in the fact; it is a made up thing against me on account of this girl, Rose Carpenter; I kept company with her, and sergeant Hazledine seduced her, and threw her on the town; I had a woman at the police court to prove that I was
sleeping in her room on the night of the robbery, that I went to bed at 10 and got up at 7 o'clock the next morning; she is a hard working woman with a family, and if I had brought her here, her children would have been starving, and I had no money to pay her.
SMITHERS— GUILTY .
SUMMERS— GUILTY . Aged 24.— Transported for Fourteen Years.
POLLETT— NOT GUILTY .
(Smithers was further charged with having been before convicted.)
HENRY PYNE . I produce a certificate—(This certified the conviction of John Nicholls, at the Westminster Sessions, in Sept. 1851, of larceny, after a previous conviction, and that he was sentenced to seven years' transportation)—that refers to Smithers—I was present at the trial, and am sure he is the person—he was tried by the name of Nicholls.
GUILTY. Aged 22.— Transported for Fourteen Years.
NEW COURT.—Saturday, August 25th. 1855.
PRESENT—Mr. Ald. CUBITT; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Sixth Jury.
810. SAMUEL MACEY and HENRY MACEY , burglariously breaking and entering the dwelling-house of John Moore, and stealing therein 1 ring, and 8 spoons, value 17s.; his goods: and 1 pocket book, value, 1s.; the goods of Ann Moore: to which
SAMUEL MACEY PLEADED GUILTY.* Aged 17.—Recommended to mercy
by the Prosecutor— Confined Twelve Months.
ELIZABETH MOORE . I am the wife of John Moore, of No. 18, Robinson-row, Kingsland. On the night of 13th Aug. I shut up the house, about half past 11 o'clock—I was the last person up—the back parlour window was closed—there are no shutters to it—the next morning I came down about half past 6 o'clock—I found the back parlour window up, and there was room enough for a person to get in—I did not miss any property till the policeman brought it to me—I saw some footmarks on the sill of the back parlour window—this desk is my daughter's—it had been removed from the sideboard on to the table, and ransacked—this pocket book is my daughter's, and this ring and spoon are my husband's.
EDWARD CONSTABLE (policeman, N 430). About a quarter past 6 o'clock in the morning, on 14th Aug., I saw the prisoners walking along the road, near Kingsland—I asked where they had been to—Samuel said he had been up to the brickfield—I asked if he had got anything about him—he said, "No"—I put my hand into his pocket, and took out this ring—I then took from him these spoons and pocket book—Henry Macey ran away—I went to his house, and took him that morning—in going to the station, he said he did not go in; his brother got over the wall, and he stopped outside—I examined the house—they had got in by the back parlour window—there were footmarks on the window sill—I could not tell whether they were of more than one person—after the prisoners were committed I discovered the footmarks of two persons in the garden, which is at the rear of the house, where the back parlour window is—they got into the garden by getting over the wall.
HENRY MACEY*— GUILTY. Aged 14. Recommended to mercy .— Confined Six Months.
( SUSAN MAYS , being called on her recognizance, did not appear.) GEORGE SELBY (police-sergeant, B 5). On Sunday night, 5th Aug., I was called to the prisoner's wife, in Queen's-road, Chelsea—I found her in a very weak state, and covered with blood, and a wound on the side of the head—I took her to the hospital in a cab.
EDWARD HORSEMAN (policeman, B 103). I took the prisoner on Monday morning, 6th Aug.—I told him his wife gave him in charge for stabbing her on the head—he said it was not a knife he did it with; it was a strap—there were knives about the house—this strap was lying in the room, and this other strap he wore round his waist—there were no marks of blood on the knives or the straps—there are some nails at the end of this strap.
COURT to GEORGE SELBY. Q. Were you present when the head of the wife was dressed? A. Yes—there was a small nail found in her hair, similar to the nails in this strap; tin tacks.
THOMAS DUNCAN . I am house surgeon at St. George's Hospital. I saw the prisoner's wife when she was brought into the hospital—she was in a very weak state from loss of blood—there was a wound on the head, which bled rather profusely—it was a clean cut wound, not such a wound as could have been inflicted by this strap, but by some sharp cutting instrument—I think nails could not have made such a cut—there was no appearance of a bruise—the wound was to the membrane of the bone—I do not think it could have been done by a strap at all.
Prisoner's Defence. On 4th Aug. I left home at half past 5 o'clock in the morning to go to work; I returned home in the evening; I paid my rent, and walked up stairs; my room door was locked; I could not get in; I went into a person's room on the same floor, and waited till past 11 o'clock, when I left, thinking they wanted to go to bed; I went in search of my wife; I could not find her; I sat on the stairs, I did not like to force my door open; my wife did not come home till 11 o'clock the next night; she was tipsy, and as I sat on the stairs, she fell over me; she said, "Who the b——h—l are you?"—I said, "Don't make a noise, where have You been?" she unlocked the door; I went in and took off my jacket, and would have gone to bed, but she had stripped the bed of everything, even to the bolster; this strap hung on the bedpost; I laid down on the bed, and in a few minutes she took the strap and struck me five or six times, and said, "Get off the bed, you b——r?" I got off the bed, and took the strap; I struck her with it, and cut her head; she said, "That is what I wanted, now I will give you in charge."
COURT to GEORGE SELBY. Q. Did she appear to have been drinking? A. She was in that weak state I could not tell.
GUILTY of unlawfully wounding, under great provocation . Aged 44.— Confined Three Months .
THOMAS TAYLOR . I am billeted at the White Horse public house, at Harefield. There were four of us in the room—the prisoner slept in the same bed with me—on Wednesday night, 9th Aug., when I went to bed, I placed my trowsers under my pillow with 4s. 1d. in them—the prisoner got out of bed in the night, and that awoke me—I did not see him go from the bed—I got up about 6 o'clock in the morning—I found my trowsers, but the
money was gone out of them—I blamed the prisoner for it—he gave me his trowsers, and said, "If you think I have got your money, take my trowsers"—I found my penny in his waistcoat pocket—I had lost 4s. 1d.
Prisoner. Q. What did I do when I got out of bed at 2 o'clock in the morning? A. I did not hear you say anything, or do anything—I saw you go back to bed again—there was a candle lighted in the other room—the door was closed.
THOMAS PHILLPOTT (policeman, T 246). I took the prisoner—I told him he was charged with robbing his mate—he did not say anything then—he afterwards said, "I don't mind having six months to get out of the regiment"—I have a 2s. piece, which was given me by George Scarlett, who is not here.
NOT GUILTY .
MR. RIBTON conducted the Prosecution.
ELLEN GRAHAM . I live at No. 13, Neptune-court, St. George's. On 28th June I was at the Angel and Grown dancing room, about half past 11 o'clock—I saw the prisoner there—I had never seen him before—he came and asked me to dance with him, and I did; after that we bad some gin, and he and his shipmates accompanied me home—we got to Neptune-court about 12 o'clock—we had some drink, and they remained about an hour or an hour and a half—they then all left, but the prisoner—I said to him, "Why don't you go?"—he said, "I wish to keep by you"—I said, "I don't wish you to do so"—I took the light, and went up stairs—I was sitting on the bed, undoing my boots, and in two or three minutes he came up stairs, and said, "Where are you going?"—I said, "Going to bed"—he said, "I will come too," and he put his hand round my neck, and wanted to kiss me—I would not let him—he threw me on the bed, and I felt something like a scratch at my ear—I called out, and Sarah Arthur came up, and asked what he was doing—he said nothing—he went down two steps—I was standing there, and he dragged me to him—there is a light on the top of the stairs where we were—it is a small house, and there is no door to the room—the prisoner had his fist shut, and I thought he was going to strike me—I held up my right hand, and felt something sharp go into my arm—I held up my right hand, and called out that I was stabbed, and I was dying—I laid down alongside the bed—the prisoner went away down stairs—I was taken to the hospital—I have been there eight weeks yesterday—I have not yet left it.
Cross-examined by MR. PLATT. Q. Were there other young women besides you there that evening? A. Yes, in the dancing room; but this was at my own lodging—the prisoner had been on good terms with me before this—he went to my lodging, but not with my consent—my house is about five minutes walk from the Angel and Crown—it was at my own house, he asked me to let him sleep with me—he struck me twice before he cut me—he threw me on the bed, and scratched me on the ear—before this cut I threw my arm up fancying he was going to strike me, and he struck me.
SARAH ARTHUR . I live in the same house with the last witness—I remember her coming home on 28th June, with the prisoner and some other men—the other men left after remaining some time, and after they had left, my attention was attracted by hearing her screaming—I went to her assistance—she was up stairs in her bed room, and the prisoner held her
on the bed—I released her—I did not go down—I was in the room, I saw the prisoner go down two stairs—I saw his fist up to strike her—I saw nothing in his hand—she held up her hand and she said, "Oh! dear, I am stabbed!—I saw her arm bleeding—the prisoner ran away—I ran after him into Wellclose-square—I never lost sight of him till I saw the constable coming—he was stopped, and brought back to the house.
Cross-examined. Q. Is he a sailor? A. I do not know, I never saw him before—a great many of those men have knives about them.
HENRIETTA OGDEN . I live at No. 3, Neptune-court. On that night, I saw the prisoner brought back by the constable—I heard him ask him for a place of convenience—he walked a yard or two away—I said, "That man may go away"—I followed him towards the dust bin and saw this knife open, and all over blood—I showed it to the officer—the sight of blood caused me to faint—the officer picked it up.
FRANCIS MEAD CORNER . I am house surgeon at the London Hospital Ellen Graham was brought there on 29th June, about 2 o'clock in the morning—she was in a very weak condition from loss of blood—I found an incised wound across the middle of the front of the right fore arm—it was a deep wound dividing the two main arteries, the three nerves and most of the leaders or tendons which go to the use of the hand—she was in danger for about four weeks—the want of every power of motion in the hand remains, and in all probability will be permanent—such a knife as this would inflict such a wound, no doubt.
GUILTY . Aged 24.— Confined Twelve Months.
(The following case was omitted from the New Court, Tuesday.)
MR. W. J. PAYNE conducted the Prosecution.
JAMES TOULMAN (policeman, R 371). On 25th July, at a quarter before 3 o'clock in the morning, I was on duty in Bedford-square, Stepney—I saw the prisoner come over the wall of Mr. Nathan's premises—I followed him, and took him into custody—I took him to the station and found he had five shirts on besides his own, one over the other—this child's frock, and this cape were wrapped round his body—these cruet tops were in his pocket—he had some lucifer matches on him—I went back to Mr. Nathan's house—I found the back window broken open, and the window lifted up quite enough to admit a man—the window opens to the back wall, over which the prisoner came.
Cross-examined by MR. HORRY. Q. Is this wall high? A. It is seven or eight feet high—I could not see that there were the marks of more than one person coming over, if it was so, they both came at one place—I traced the steps of more than one person in the back yard—the house is in the parish of St. Dunstan, Stepney.
LOUISA NATHAN . I am the wife of Nathaniel Nathan, we live at No. 28, Bedford-square. I was called by the last witness, about 3 o'clock in the morning—I found the back parlour window open, quite enough to admit a man—I had fastened that window with a clasp, at a quarter past 11 o'clock—these articles produced are my husband's, and had been on the
table in the front parlour which communicates with the back parlour by folding doors.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Three Months.
Before Russell Gurney, Esq.
ANN GROUT . I am the wife of Abraham Grout, who keeps a beer shop at Plaistow. On the Monday before 16th July I had a purse safe in my box at 9 o'clock in the morning, containing 10l. 10s. in gold and 30s. in silver—the box was locked—I saw the prisoner that day, and the next day too—she was there in the afternoon, as a customer—my box was in a chest of drawers in my bed room—I did not see her go up stairs at all, she went to go into the garden, I thought—I bolted the back door that she should not go in and out so much—I heard a step up stairs, and in a moment I saw the latch lift up—she must open it inside the house—I said, "What way did you come into the house?"—she said, "I came from your back yard"—I contradicted her, but she persisted that she did, and directly she was gone I went up stairs, and found that my husband's box had been opened, and then I found my box unlocked and the keys hanging where they had hung before—I looked for my purse, and it was not there—I went to the prisoner's house, but she was not there, but she came home at 10 o'clock at night—I was there, and accused her of going up stairs—she said, "No"—I said, "I have proof that you have robbed me, and if you give me my things, I will say no more about it; if not, I shall give you in charge"—she said that I might if I liked, and I did.
WILLIAM SPEARY (policeman). I received information from the last witness, went to the prisoner's house, and told her she was charged with robbing Mrs. Grout of a purse containing 12l.—she said, "I know nothing about it, I am innocent"—on the way to the station I observed this purse (produced) in her hand—1 saw her take it from her bosom—I took it from her hand, and said to Mrs. Grout, "Is this your purse?"—the prisoner said, "No, it is not Mrs. Grout's purse, but it is her money, or part of it"—I found in it one sovereign, ten half sovereigns, nine shillings, and a 4d. piece—at her lodging I found a quantity of clothing, and on her fingers three gold rings.
Prisoner. I said that it was not Mrs. Grout's purse, nor yet Mrs. Grout's money. Witness. I am quite sure about what she said—another constable heard the words, and so did Mrs. Grout.
ANN GROUT re-examined. I heard the words—Speary said, "Mrs. Grout, here is your purse"—the prisoner said, "No, it is not Mrs. Grout's purse, but it is Mrs. Grout's money;" and she said that I might have it and welcome—I lost nineteen half sovereigns.
HARRIETTE MARSHALL . I am the wife of Thomas Marshall. The prisoner lodged with us—on the day she was taken into custody, she came home at half past 5 o'clock, went out till 10 o'clock, and brought in a large bundle of new clothes—I never saw these rings before, and I was in her room every day—she has been in the habit of borrowing money of me.
Prisoner's Defence. All I brought in was a bit of bacon, a quartern loaf, and half an ounce of tobacco; the clothes are mine, and the money too.
GUILTY . Aged 29.— Confined Six Months.
HENRY MILSTED (policeman). On the night of 10th Aug. I was on duty in Heath-street, Barking, and saw the prisoner with a basket on his head—I stopped him, and asked him what he had got—he said that it was fish which he had brought from the Leander—while I was speaking to him, his master, Mr. Robert Hewitt came up, and gave him into custody—going to the station, he said, "I hope Mr. Hewitt will not do much with it; it is a bad job, it is a suit of clothes I stole from the Leander"—I took him to the station, and found the articles.
THOMAS CAPRON . I am clerk to Messrs. Hewitt; Mr. Samuel Hewitt is one of the firm. I know the prisoner, he was an apprentice on board the Leander—these clothes belong to Messrs. Hewitt—I cannot say whether they were on board the Leander.
Prisoner's Defence The clothes my master gave me for my use.
THOMAS CAPRON re-examined. Things of this sort are allowed to apprentices while they are out at sea—Messrs. Hewitt have 250 apprentices—these are among the things they are allowed to take to sea, but they have no business to bring them ashore—it has been the practice to bring them from the ship, but it is not allowed—it is not done by the sanction of the employers, but there are many more culpable than the prisoner—he has been in the employment six years—I have known him all the time—he has been a good lad, and I have no doubt that he did not know that it was such a heinous offence.
JURY. Q. Is this the first case that Messrs. Hewitt have brought forward? A. Yes, before a Jury.
GUILTY. Aged 20.—Strongly recommended to mercy by the Jury. — Confined Fourteen Days.
MR. G. BROWN conducted the Prosecution.
ELIZABETH KAIN . I am the wife of John Kain, plumber and glazier, of No. 14, Bethnal-green. On the evening of 7th Aug., I was at the Stratford station of the Eastern Counties Railway—I had three 10l. and 15l. Bank of England notes in a piece of paper, and was on the platform waiting for the train—the prisoner came up and asked me what time I thought the train would go—I said that I had inquired, and it would be half an hour—she sat down, and then said, "My boot has busted"—I made some remark—I did not have any drink with her, or go to Cobb's with her—I am a stranger in Stratford—I sat still, and when she saw the train just on the stand still, she seized my left hand, and fetched me a blow on the right side of my face—one of the servants of the Company took me, or I should have been under the rails and killed—she took the notes out of my hand—there was a genteel boy there who I did not think was with her—he said, "Dear me, you will have a black eye to-morrow"—whether she passed the notes to him, I did not see—Wicks went away, and got a policeman, and I gave her into custody.
Prisoner. Q. Did not you speak to me before I went on the platform?
A. No—I did not put my 2d. to your 2d. for a quartern of gin—you are an entire stranger to me—I never stopped at Stratford before, and never vent to any house with you—there was hardly any one at the station waiting to go—you stripped yourself on the platform, but the notes were no doubt passed to the boy.
COURT. Q. Where did you get the money? A. I brought it from home out of a drawer—I was going to take it to ray husband, at the White Hart, Lower Tottenham; he had bought some bricks at a Sheriff's execution, and they could not be removed out of the field till the money was paid—my husband was to meet me there to pay the officer of the Court out of the field—I went to Mile End to see what time the train went, and it had gone three minutes—they said that the next train would not stop at Mile End, so I went to Stratford.
WILLIAM WICKS . I am a porter in the service of the Eastern Counties Railway Company. On the evening of 7th Aug., I was on the platform of the Stratford station, and saw Mrs. Kain and the prisoner there—I saw the prosecutrix walk as fast as she could after the prisoner, who was going towards the end of the train, as if she was going to get in, as quick as she could—she was collared by the prosecutrix, who said, "Stop this woman, she has robbed me"—the prisoner said, "If you tell me that, I will knock you off the platform;" and up with her fist, and hit her in the face—I prevented her from striking her again—the inspector came up, and she said, "You may search me; I have not robbed the woman"—he said, "It is not our place to do that"—I left her in charge, and fetched sergeant Addington—Mrs. Kain said, in the prisoner's presence, that she had robbed her of 35l.—I did not notice any boy at the station, because several people bolted into the train, and I was in a hurry shutting the doors—whether there was anybody near her while she was being chased, I do not know.
JOHN KAIN . I am the husband of the first witness. I bought a number of bricks at a sale in Tottenham, previous to the Sheriff going in—I have the auction notes—I sent a note home to my good lady, to tell her to bring three 10l. notes, and a 5l. note, which was the balance of a 137l. 10s. cheque—I have got the numbers of the notes in my pocket now—I have stopped them, but they have not been found at present—here are the numbers (producing a paper.)
(The prisoner's statement before the Magistrate was here read as follows: "I went to the station; I took a ticket to go to Tottenham; this good lady asked me what time the train would go; I said that she would have to wait half an hour; she said that she wanted to go to Barking station; I said I would go to Cobb's; she went too, we had 2d. each, and had a quartern of gin; she said that she had no more money, she had not a parcel; I waited at the station till it was time to take the train, and then she said I had taken the notes; I told her that if she said so again, I would knock her off the platform; I was taken at once, and nothing was found on me.
JURY to ELIZABETH KAIN. Q. Had you the money in your pocket? A. No; I had a muslin dress on, with no pocket, and I had the money in a piece of paper in my hand—I swear that it was never out of my hand till she took it—it could be seen.
GUILTY . Aged 36.— Confined Twelve Months.
818. DANIEL FLYNN , burglariously breaking and entering the dwelling house of Patrick Mahony, at West Ham, and stealing therein 1 jacket, and 1 pair of shoes, and other articles, value 2l. 6s., his goods: and 1 coat and other articles, value 2l. 17s. the goods of James Mahony.
MR. G. BROWN conducted the Prosecution.
JULIA CLARA MAHONY . I am the wife of Patrick Mahony, of West Ham. On 10th Sept. last year, I left the house at about a quarter to 1 o'clock—I locked the door, and went to my work with my daughter—I returned at a quarter to 5 o'clock, and found the front door latched only, and the lock of the back door burst open—I missed my son's trowsers, coat, waistcoat, two pairs of boots, two handkerchiefs, two waistcoats, and two jackets—I found a handkerchief there which belongs to John Mahony, who has been convicted—I afterwards received some pawnbrokers' duplicates; I gave them to the man who came and examined the house.
Cross-examined by MR. PLATT. Q. Have you known the prisoner any time? A. I know nothing about him—Mahony, who has been convicted, is my husband's nephew. (See Vol. xli. page 544.)
ELIZABETH HILL . I am the wife of George Hill, of No. 2, Gilbert's-alley, Stratford, next door to Mr. Mahony's. On 10th Sept last year, I saw the prisoner, who I had known by sight for some time, and Mahony, who has been convicted, leaning on the palings, at the back of the house which goes up to the six houses—I do not know how they got into that passage—they must either have got over, or gone through a neighbour's house.
Cross-examined. Q. Any one could have seen them? A. Yes, they were only leaning on the palings—I did not see him through a window which obstructed my sight a little—I was out in the yard.
JOHN WILLIAM MANNING (police-sergeant, K 5). On 12th Sept., I received information, and went with Benton, a constable, to the house—we received information, and went after the prisoner and John Mahony, who has been convicted—we applied at their house several times, but they wore not at home, and we did not find them till 31st Dec.—I knew where they frequented, but they were at neither of those places—I took the prisoner on the night of 31st Dec., and told him the charge; he said that he did not take the things, he merely went with Mahony to pledge them.
Cross-examined. Q. Did he say anything about a row with the police to account for his absence? A. No—I took him at his mother's house in Wells-street, Stratford—we forced the door open at the back, and found him concealed among a lot of rags under a bed.
MR. BROWN. Q. There was no row with the police there? A. No—that was on the night of his escape, or on 1st Jan.; he was in custody for that—it was a separate charge from this.
JOSEPH PIGE . I am assistant to my father, a pawnbroker. On 11th Sept., I recollect two men pledging this coat for 3s., and this jacket for 5s. (produced)—I do not know the prisoner—my father received the pledge, but I drew the ticket.
COURT. Q. How is it that they were not given up at the last trial? A. I was ill, and did not appear.
COURT to JOHN WILLIAM MANNING. Q. You examined the premises after the robbery? A. Yes—I am able to say that more than one person was concerned in it—I saw several footmarks, but not sufficiently clear to identify
them—the fence at the rear of the house is nearly seven feet high—it divides the premises from gardens at the rear of other houses—you can get to those gardens from the front road.
(The prisoner was further charged with having been before convicted.)
GUILTY.**† Aged 24.— Confined Twelve Months.
Before Russell Gurney, Esq.
THOMAS VENABLES . I am a linen draper, in Whitechapel; I reside at East Ham. The prisoner was in my service, as cook, about two years—I missed property and money for a considerable time—on 30th July I sent for a policeman, and searched the prisoner's boxes, and found this property produced—the prisoner did not make any observation—we found this piece of lawn, and this net, and this child's silver rattle—I can identify this lawn—it was cut from a piece which I have in my pocket—it was of no use, but to keep flies from the goods—this rattle we had in the house twenty-five years—I then let the prisoner go—we missed other property—I followed the prisoner, and found this scarf folded in her shawl, and this other property in her pocket—1 can speak to this shawl and this habit shirt perfectly well, and these other articles also—they were in a wardrobe—there were two keys found on a bunch on the prisoner's person—one would open a tea caddy, and the other the wardrobe.
GEORGE MOUNTFORD (policeman, K 84). I assisted in the search, and saw the things found—Mrs. Venables found the keys in the prisoner's pocket—one fitted the tea caddy, the other the wardrobe—this habit shirt was found in the prisoner's pocket.
Prisoner's Defence. The small key I took to fit the music box; the large one is my own; I never knew the habit shirt was in my pocket.
GUILTY . Aged 25.— Confined Six Months.
MR. BALLANTINE conducted the Prosecution.
EUGENE HARRISON . I am a boiler maker, in the employ of the Eastern Counties Railway; I live at Stratford. The prisoner was in the employ of the Eastern Counties Railway, as a boiler maker's assistant—he worked in the same department as I did—on 7th July I watched him in the afternoon—I followed him out of the workshop, and gave him into custody to Moon—he was taken into a public house yard, and there searched—several pieces of copper and brass were found on him, a part of which I can identify—this piece of copper corresponds with these, two pieces, which came from the Company's works—it has been broken off—the whole piece was taken from the inside of a fire box—it was taken out, for the men to repair it—I broke it into three pieces, and left them near where the prisoner was at work—I missed this middle piece—the value of it is about 8d—this, and some more articles, were found on the prisoner—here is one which I can recognize—these others, I have no doubt, belong to the Company—the prisoner had not the least right to take them.
Cross-examined by MR. PARRY. Q. What is the piece you can identify?
This, and this other, which is a brass nut—these were not thrown aside as old metal—they were worked there—the prisoner was assistant to a boiler maker, Atkinson—I do not know whether they worked at home—we took no refreshment at the public house, that I know of—the prisoner had received his wages—there had not been a fire at Stratford works—there bad been one in the town, a timber yard, or something of that kind—I do not know that the men went to look at it—I did not go myself—I knew nothing of it—I put this copper close to the engine where the prisoner was at work with the other man, who is a boiler maker—the prisoner was not a stoker; he was assistant to an engineer.
JOHN MOON (policeman, K 407). I took the prisoner—I searched him, and found these articles—they weigh 4 1/2 lbs. in all—the prisoner said, "I took them to make a couple of copper bearings for wheels; I am sorry for what I have done"—he said he did not think there was any harm—this large piece was tied in a handkerchief, with a piece of bread—the others were in his pockets.
GUILTY. Aged 40.—Recommended to mercy by the Jury .— Confined One Month.
MR. MEW conducted the Prosecution.
RICHARD TURNER . I am an inspector of police at the Eastern Counties Railway, at Stratford. On 4th July, about 8 minutes past 9 o'clock in the evening, my attention was attracted to the prisoner—the passengers were changing from the Fenchurch-street train to the Shoreditch train, and the prisoner stood before the door, and prevented the passengers getting out or in—he was alone, I went and asked him what he wanted to stand against the door for—I took him away from the door, and in about half a minute I saw him against another carriage door in the same position as he was the first time—that was at the Shoreditch train that was standing there—it had been cut off from the other train—the prisoner was standing with one leg just inside the door, and his hand extended in the carriage—I took him away from the door and said, "This is the second time I have caught you against the carriage door, and there is not room for the persons to sit down; why do you stand before the door"—I saw him a third time go to a carriage and seat himself, and a woman immediately called out that she had lost her purse—she was standing against the carriage door, she pointed to the prisoner and said, "That is the man"—I took him out of the carriage, and gave him in charge of two porters—another female who was sitting with her back to the prisoner handed me a parcel, which contained this purse wrapped in paper.
Cross-examined by MR. PAYNE. Q. Was the train about to start from Stratford for London? A. Yes; there were more persons than there were carriages for, and a fresh carriage was put on after the prisoner had seated himself—he had been going into a carriage that was full of people—he afterwards went in one that had not so many persons—there was not a rush of passengers to get in—we had put on a fresh carriage, which consisted of four compartments—the officer did not go in to examine the tickets while the prisoner was there, not till afterwards—as soon as the prisoner had seated himself the female called out that she had lost her purse and said, "That is the man."
was on the platform of the Eastern Counties Railway, at Stratford, just after 9 o'clock—I saw the prisoner take his hand from my pocket, while I was standing to get into the railway carriage—I put my hand to my pocket, and found my purse was gone—I said to the last witness, "That young man took my purse from me"—the prisoner heard that, and he put his band in his pocket and took the paper out, and passed his hand across where he was sitting—there had been 12s. in my purse—my purse was picked up in the carriage—this is it—there was nothing in it, when it was picked up—I know that it had been safe in my pocket two or three minutes before—I have no doubt at all about the person who took his hand from my pocket—I had seen the prisoner as he walked along putting his fingers against the females' dresses, before he came to me.
Cross-examined. Q. What did the prisoner do to you? A. He did not do anything to me—I saw him take his hand from my pocket as I stood on the platform—he took his hand from my pocket in my dress—there was nothing covered over my pocket—my pocket was outside my dress, and his hand was outside my pocket when he had taken my purse—I did not see his hand in my pocket—I saw him take something out of his pocket, when he was inside the train sitting near the window—I was standing on the platform and saw him put his hand to his waistcoat pocket, and take a hand full of papers and pass his hand across—I did not say when two persons were produced, "One of you two has robbed me"—there were two persons taken into custody, but it was this young man took my purse—I did not say that the other did.
PATRICK WHETSON (policeman, N 129), The prisoner was given into my custody, on the evening of 4th July—he said he had no money on him—when he was at the station I was going to search him, and he said he knew what money he had, he had 11s. 6d., and he handed me 11s. 6d.—I then searched him and found in his left pocket another 6d., making together 12s.
Cross-examined. Q. Were there two persons taken into custody? A. There was a boy taken at the same time; but he was liberated the next day—the young woman did not appear the first day—I did not offer to go for her—the Magistrate said she should be fetched, and I went out and met her—she came as far as Stratford station.
ELIZA TOBBS . I was in the railway carriage, when the prisoner got in—he sat himself at the back of me—he shortly after got out, and I found a purse wrapped up in a bit of newspaper—the prisoner had to reach his hand to place it at the back of me—he had been sitting one person from me.
Cross-examined. Q. Did you see where this parcel came from that was given to the policeman? A. No.
GUILTY . Aged 20.— Confined Six Months.
Before Mr. Recorder.
MR. ROBINSON conducted the Prosecution.
FREDERICK OGILVIE NICHOLSON . On 18th July, I was fishing at Great Ilford—I left off between 12 and 1 o'clock—I put my fishing rod against the wall in the garden of a house—the garden is enclosed—I went to look for it again between 6 and 7 o'clock, and it was then gone—you cannot get into that garden, without getting over the wall which separates the garden
from the road—the wall is very high; I could not see over it—I could not put my hand up and reach the top of it—the top of the fishing rod could be seen from the outside—I did not take the rod to pieces—there is a road by the side of the wall—anybody goes there—this is my rod.
Cross-examined by MR. COOPER. Q. There is a path runs against this wall? A. Yes, it is a little road—there are not a great many persons fishing there—I had not been fishing long—I was on a visit there—I saw my rod the next morning at the police station.
JOHN COOKE (policeman, K 269). I received information respecting this fishing rod, and about 10 o'clock that night I was in company with another policeman, and we met the prisoners in Cranbrook-lane, 300 or 400 yards from the garden of the house where this young gentleman was—Clarke was carrying this fishing rod over his shoulder—I took hold of Clarke and said, "Where did you get this fishing rod from?"—he made no answer—Coley immediately ran away, and the other officer followed and caught him.
(The prisoners received good characters.)
NOT GUILTY .
MR. METCALFE conducted the Prosecution.
GEORGE PANKHURST . I live at No. 74, Cornwall-road, Lambeth—I am apprenticed to a cigar manufacturer, in Drury-lane, nearly opposite Longacre—on 1st July, I was on the platform at the Lee-bridge railway station, waiting to come to London—I was there at 9, and waited till very nearly 10 o'clock—about 10 o'clock I was getting into the railway carriage, and just as I was getting in, I felt something done to my watch, and then there was a severe wrench—my watch was attached to a silver guard chain round my neck—directly I felt the wrench, I saw the prisoner's hand go from my pocket behind him—he was on my left side—I first saw his hand in front of my person—I looked round and saw him behind me—I called for assistance, and gave him into custody to the station master and a porter—there were crowds of persons round when the prisoner put his hand behind him; there were persons near enough to assist him—he put both his hands behind him—I seized him by the collar and said, "You have stolen my watch"—he said, "Do you accuse me of stealing your watch?" I said, "I do," and I called the station master—I kept hold of the prisoner, and he was taken to the station—there were other persons near enough to have received the watch from him, supposing he had had it.
Cross-examined by MR. PAYNE. Q. You secured him immediately? A. Yes, and called the policeman; the station master and the porter came—the prisoner did not say, "This man accuses me of stealing his watch, and I wish to be searched"—he asked me if I accused him of stealing my watch; I said I did, and he said, "I will go to the station master"—he denied having stolen the watch—I have never seen it since.
JOHN FARROW (policeman, N 396). The prisoner was given into my custody on 1st July—I asked him his name and address; he said, "William Cremore, No. 57, John-street, Oxford-street"—I went to John-street, but there is no such number as 57—I could find no such person living there—he said his father was a cabinet maker—I went to a cabinet maker's—I could not find such a person.
Cross-examined. Q. How many houses are there in that street? A. Only eighteen; it is a very short street—I did not find anything on the
prisoner—I received him at the ticket room at the Lea Bridge-station—it was the excursion train on Sunday.
COURT to GEORGE PANKHURST. Q. You saw the prisoner's hand near your right pocket? A. Yes, his hand was closed when it was before me—my guard was not broken nor the swivel; the guard was left round my neck—I do not know how the watch was got off—there was nothing left on the guard but the end of the swivel.
GUILTY. † Aged 22.— Four Years Penal Servitude.
Before Russell Gurney, Esq.
PLEADED GUILTY . Aged 38.— Confined Six Months.
Before Mr. Recorder.
MR. ROBINSON conducted the Prosecution.
ELIZA ALLEN . I am a widow, and live at Plumstead-common. I know the prisoner, as servant to Mr. Baker, with whom I deal for bread—I paid the prisoner 2l. on the 21st May for his master—this is the receipt for it—the bill was sent in on the Monday, and he signed the 2l. on it—here is "Cash 2l. 0s. 8d.," but he charged me for a loaf more than I had.
Cross-examined by MR. LILLEY. Q. Did you see the prisoner write this? A. Yes—here is the name of Tye to it in pencil—I understand this is the way he spells his name.
Cross-examined. Q. How do you know it was that day? A. I well remember it—I came home from Birmingham on 14th May, and I paid the prisoner the next day—I had the bread before I went to Birmingham—I am sure I paid it on that day.
SOPHIA BELCHAMBERS . I am the wife of James Belchambers. I live at Plumstead, and deal with Mr. Baker—on 14th April I paid the prisoner on Mr. Baker's account 6s.—he gave me a receipt, but I have lost it.
Cross-examined. Q. Are you quite sure of it, though you have lost the receipt? A. Yes—I have dealt with Mr. Baker about eight years—I have paid the prisoner other moneys—I am quite sure about this money.
JOHN BAKER . I am a baker, and live in New-road, Woolwich. The prisoner has been in my employ for four or five months—it was his duty to take out bread, receive money, and to give me an account of it the moment he came home, and pay me the money—he has never paid me the 2l. he received of Mrs. Allen on 21st May, nor the 5s. from Elizabeth Riddell, nor the 6s. from Mrs. Belchambers.
Cross-examined. Q. Is your business extensive? A. Rather so—I keep three men—it was the prisoner's duty to attend to nearly the whole of the customers—we have three rounds each day, and to prevent mistakes I take the prisoner's account each time he comes home—the number of my
customers may be 200 or 300—the prisoner goes out in the morning—he comes home to breakfast—he then goes out, and returns about 1 o'clock, and then it was his duty to give me an account—I told him it was his duty to give me an account when he first came to me, and it has always been his practice—he knew it was his duty without being informed, it was not necessary—I informed him that it was his duty to hand over to me all that he had taken—he has not on this occasion handed me more money than he could account for—on some occasions he has—I never take any money from him, but what I always put in his book—I have my book here—the prisoner is quite scholar enough for anything—his time to come was at 4 o'clock in the morning—he left when he got his work done—it might be at 7 or 8 o'clock, at other times he would make it 9 o'clock—he would stop by the way, and say he was delayed by the customers—he could always do his work and leave my place by half past 7 o'clock.
MR. ROBINSON. Q. How often has he paid you money that he could not account for? A. There has been something like one or two shillings that he could not account for, but he has paid me many times short, such as the price of a loaf, or so.
COURT (looking at the witness's book) Q. Is all this book your writing? A. Some of it is my daughter's writing, but it was always written in my presence—I may be absent sometimes from my business, but I was at home in May, my handwriting will prove it.
Cross-examined. Q. Where was he? A. In his own house—I do not know that he has been in some employ since he left Mr. Baker—I took him on the 27th of June, about 5 or 6 o'clock.
GUILTY . Aged 29.— Confined Four Months.
WILLIAM FORREST . I am a broker, and live at Plumstead. On Wednesday, 18th July, I was employed to distrain on the prisoner's goods, for 2l. 8s. due on 24th June—I had a warrant to distrain—this is it—I went to the prisoner's house, in Taylor's-buildings—the door was open, but not wide open—I saw the prisoner there, he asked me my business—I told him it was a distress—the door was open sufficiently for me to enter—the prisoner came to the door, and stood before me, to obstruct me—I told him I had a distress from his landlady for rent—he asked for my warrant; I showed it him, and he snatched it out of my hand—I was partly in at the door—I had got my leg inside before he got the warrant—he then endeavoured to get me out—I resisted, and he cut at me with a saw, to keep me out—he did not hit me with the saw—he then dropt the saw, or laid it down, and I felt myself stabbed—it is a small cottage—it went down a step or two into the house—he was rather below me—I could not see what he had in his hand, but I felt myself stabbed—I had five punctured wounds in my thigh—I was pushing to get in, and he was pushing to get me out—I had got my right side inside the door, and endeavoured to keep the door open—I felt a severe stab, and I retreated, and he shut the door—I felt a good deal of pain, but I went directly to the police office, which was about a quarter of a mile—I was bleeding a good deal in my thigh—I went to the medical man directly I left the police office—I went to Dr. Wise—he is
not here—he has not been subpœnaed—I had five punctured wounds; one was a severe one, with some sharp pointed instrument—they are now healed—the wound went to the bone; I could feel it.
Prisoner, Q. You stated that when you came to my door, you announced your business—you are well aware you passed no conversation with me? A. I did announce my business—I told you I had a warrant to distress.
COURT. Q. Had you got partly in before you announced your business? A. Yes.
JOHN PEARCE . I am time keeper, in the employ of Kirk and Perry, the contractors for building the military huts, at Woolwich. On Wednesday afternoon, 18th July, I went with the last witness to the house of the prisoner—I saw the witness get partly into the house, and the prisoner tried to force him out—I saw the prisoner with a small instrument—I could not swear whether it was a file, or a small carpenter's tool, in his hand—I saw him with a saw afterwards, but first of all I saw him with some small instrument—I saw the edge of it—it appeared to me like a small chisel—it might be a file—I afterwards saw him strike with a saw three times distinctly—I am sure that was afterwards—he did not hit him, nor myself—I was trying to assist the prosecutor at the time to get his leg out—the prosecutor then received a more severe stab, and he was forced to let go his hold of the door—he had hold of the door before—I suppose he did not feel the severity of the stab till the last stab—then he said he had been so stabbed that he could not hold the door—my deposition was read over to me—this is my signature.
COURT. Q. You here say, "On Wednesday, I went with the last witness; I saw him partly enter the prisoner's house, who I saw strike him with a saw several times, and after that I saw the prisoner apparently stab him several times with a sharp instrument resembling a chisel"—and now you say he was struck with the instrument first? A. That is right.
Prisoner. Q. You say you saw me strike him with the saw? A. I saw you strike at him, and I saw an instrument like a chisel in your hand—it might have been a file, I cannot say which it was—I saw you snatch the warrant out of his hand—I do not recollect your having a conversation with him—I took the iron pin out of your window shutter, to save your closing the door, while Mr. Forrest put the warrant in.
COURT. Q. Did he put the warrant in? A. He held it inside the door post—I did not take the iron pin with me—I never saw it from that moment—it was of no value to me.
CHARLES KNIGHT (policeman, R 340). I am summoning officer to the police court, at Woolwich. I went to the prisoner's house to summon him on the complaint of William Forrest, on 18th July, about half past 6 or 7 o'clock in the evening—I found him near his residence, coming along the road—I said to him, "Russell, I have come about stabbing that man"—he said, "Come in, and I will tell you all about it"—I did not make use of any threat or promise—he said, "Forrest came to me this afternoon with a warrant; he poked his knee in the door; I tried to get him out; I was sharpening a saw with a file, and I poked his knee two or three times to make him take his leg away."
Prisoner, Q. Did I not tell you that I put my hand to his knee and pressed him back, but used no violence to him? A. No.
COURT. Q. What were you summoning him for? A. For an assault; the surgeon was examined on the Monday, and the prisoner was remanded
for the complainant to come up, as he was ill—I cannot tell how it came to be altered from an assault to this charge.
WILLIAM FORREST re-examined. I had to appear to the summons—I stated the nature of the assault, and then the Magistrate requested the attendance of the surgeon—I did not wish this case to come here—I wished the Magistrate to deal with it.
Prisoner's Defence. The prosecutor states, that I snatched the warrant out of his hand; there are two persons who can state that they saw him put the warrant under the door, without my knowledge; when I got up stein they told me that they saw him put a paper under the door; the first I knew of him was, his hand was on the latch of the door; when I came before the Magistrate, he stated that I had maliciously cut and wounded him; I had no knowledge of the man; I had no dealings with him; it is impossible to think I could harbour any malice against a man I never knew.
COURT to WILLIAM FORREST. Q. Did you put anything under the door? A. No. The prisoner called
SAMUEL COOK . I live in Taylor's-buildings. On 18th July, I head some squabbling in the street, I went out and saw the prosecutor with hit knee between the door and the post—I saw a saw, whether it was with intent to do harm I do not know—I saw it move up and down several times—after a short time the saw was taken in, and the prosecutor knew it was withdrawn—Russell went up stairs, and Mrs. Cayton said, "Russell, he has put a paper in the door"—Russell said, "Has he?" and he went down and found the paper, and took it up stairs—he said, "What shall I do with this, shall I tear it up?"—my neighbour said, "No"—I also said, "No, it is no use to tear the warrant"—I did not see the prosecutor put a paper under the door.
MARY NOWLAND . I was present when Forrest was trying to get in—I saw his knee jammed in between the door and the post—I saw the point of a saw, but I saw no file—I could not see who had the saw—the door was very little open—I did not see him put a paper under the door—I did not see the prisoner snatch the paper out of his hand.
GUILTY of unlawfully wounding . Aged 42.— Confined Three Months.
827. SAMUEL EDWARDS and JAMES THORNBURY , stealing 3 pewter pots, value, 5s.; the goods of George John Wilson: 1 tap, value 2s.; the goods of John Stevens: 2 metal taps, value 4s.; the goods of Francis Damerque: and 2 metal taps, value 5s.; the goods of Jane Lethbridge: to which
EDWARDS PLEADED GUILTY . Aged 33.
THORNBURY PLEADED GUILTY . Aged 32.
Confined Four Months.
Before Russell Gurney, Esq.
JOSEPH BURNBY . I am a china dealer, in New Cross-road, Deptford. The prisoner was in my employ on 24th July, and had been for about seven weeks—on that day I gave him a cheque for 4l. 10s.—I gave him directions to go to the Bank and get it cashed—he was to appropriate some of the money, and bring the balance home to me at night—he left me, and returned that night—I was busy—he did not give me any money—this was on a Tuesday—he did not come on the Wednesday—I did not see him again till the Thursday week—I then found him in his own house—(I had gone to his house several times before, but was not able to find him)—I asked
him what he had done with the money—he said he had not a copper left of the money—I said, "Do you mean to say you spent it all?"—he said, "Yes; I have not a copper left"—I had no idea that he was going to leave me—he was a weekly servant, and this was in the middle of the week.
Prisoner. Q. I brought you the cheque on the Monday, when I received it? A. Yes, and you asked me if you should take it to London on Tuesday, and get it cashed—I have my ledger here—you accommodated me with your name as acceptor to a bill of exchange—the reason was, you explained to me, that it was a custom in London, if persons run short, they made an accommodation with clerks to accept bills—the amount of the bill I could not meet was 30l.—15l. I paid in cash, and this acceptance of yours—you got me 5l. from Mr. Smith, and you said you had had some practice in a lawyer's office, and you would be able to execute my legal business—you executed a writ on James Smith for 4l. 10s., and the expenses were 10s.—you got the money—you collected other money, and brought it home—you appeared honest to this time—you said you had spent this money—that was before I gave you into custody—I asked you what you had done with the money—you said you had not a copper left—I did not call on your wife, and promise her that if you would return I would not do anything to you—I said you had better return, and, if you had not spent all the money, you might very easily make it up.
JOSIAH TURNER (policeman, R 307). I took the prisoner into custody on 2nd Aug.—I told him he was charged with stealing a cheque for 4l. 10s.—he made no reply—I told him I had been looking for him for three or four days, and I had been to Croydon, and ascertained that he had got a Postoffice order for his wife, and sent her 1l
Prisoner's Defence. I lost the cheque with an order book and an order; I went back in the evening; the reason I stopped away was the hope that it might be found; there is no proof whatever that I changed the cheque at the bankers'.
GUILTY . Aged 40.— Confined Six Months.
PLEADED GUILTY, and received an excellent character. Aged 28.—Recommended to mercy.— Confined Six Months.
830. ELIZABETH HOOPER , stealing, at Charlton, on 9th Dec., 8s. 10 1/2 d. and within six months, 8s. 9 3/4 d., and within six months, 5s. 10 1/2 d.; also. on 9th Dec, 6s. 8(d., and within six months, 6s. 9 1/2 d., and within six months, 6s. 3d.; the moneys of William Henry Holmes, her master; also. feloniously forging and uttering a receipt for the sum of 1l. 4s. 7 3/4 d. with intent to defraud: to all of which she
PLEADED GUILTY . Aged 50.— Confined Twelve Months.
MR. LILLEY conducted the Prosecution.
CHARLES RICHARDSON . I am the son of Henry Samuel Richardson, a bookseller, of Church-street, Greenwich. On Monday, 2nd July, a little before 2 o'clock, I was in the back room, and could see through a glass door into the shop—I heard a noise in the shop, and saw the prisoner with a bag of money in his hand, looking into the till—I went to the shop door, locked it, and called out "Father!" several times—the prisoner came round the
counter to the customer's side, leant across the counter, and deposited the bag of money in a drawer which he opened—a policeman took him into custody about three minutes afterwards—on going to the drawer which I had seen him open, I found this bag (produced)—it belongs to my father it has three sovereigns and some silver in it—it was in the till five minutes before, with three sovereigns and some silver in it.
Cross-examined by MR. HORRY Q. Had you seen the prisoner before you heard the noise? A. No—he did not tell me he had come to ask a question of me.
WILLIAM BROMMAGE (policeman, R 379). On the afternoon of 2nd July I took the prisoner in Mr. Richardson's shop—Mr. Richardson said in his presence that he had taken a bag out of the till—I asked the prisoner what he had to say to the charge—he said, "Nothing; I have not been round the counter at all"—he gave his address, No. 8, Edward-place, Edward-street, Clerkenwell—I went there, it was false.
GUILTY . Aged 21.— Confined Six Months.
MR. MEW conducted the Prosecution.
RICHARD BAILEY . I am a grocer, of Artillery-place, Woolwich. On Saturday evening, 7th July, about 8 o'clock, the prisoner came into my shop and asked me in an under tone for change for half a crown—I placed the change on the counter, took his half crown, and put it into the till—he then said, "I did not say change for half a crown, I said 2s. 6d. worth of Robing' patent groats"—I gave them to him, and he said that they were not the sort he wanted; he wanted them packed in tinfoil, as they were to go to the Crimea—they are never packed in tin foil, and I told him so—he stood a minute, and looked at me—I was busy at the time—he then said, "Please give me my half crown back again"—I hesitated a moment, and thinking I might have taken my change back, I threw him the half crown, and he left the shop—there were several people in the shop—I know now that he had both the 2s. 6d. and the half crown.
Cross-examined by MR. SLEIGH. Q. You do not mean to tell me that you are quite certain you have made no mistake about this matter? A. I am quite certain—I only believed for the moment that I might have made a mistake.
JAMES MILBOURNE . I live with Jeremiah Warner, who keeps a grocer's shop, at Woolwich. On Saturday, 7th July, about 9 o'clock, the prisoner came there and asked for 2s. 6d. for half a crown—I took 2s. 6d. out of the till, and he said "No, I do not want change, I want 2s. 6d. worth of cream cheese on straw"—I put the 2s. 6d. back into the till, and told him we did not keep that kind of cheese—I am quite sure I did not receive his half crown—he remained at the counter some time after that, and I asked him what he was waiting for—he said that he wanted his half crown back—I told him he had not given me one—he said that he had, and that he wished either for the cheese or his money—I told him he would have neither, and went on serving other customers—he walked out of the shop.
Cross-examined. Q. How long have you been in Mr. Warner's establishment? A. Nearly eighteen months—mistakes occur sometimes, but I am quite sure there is no mistake in this matter—there were a great many people at the counter—it was Saturday night—I swear positively that nobody else came in for change at the same time—I swear that the prisoner
did not put half a crown on the counter, nor did I receive one—the other persons who were serving are not here—the prisoner was taken into custody the same night.
JAMES WESTBROOK (policeman, R 114). On Saturday evening, 7th July I was on duty in Woolwich in plain clothes, and saw the prisoner about 9 o'clock at Green's-end, entering different shops—I saw him enter Mr. Warner's shop, Mr. Joblett's public house, and Milbourne's—a person named Sullivan was with him, but they did not both go in—the prisoner went in and then came out, and went into Mrs. Taylor's shop, and made inquiries—he then went with the other man to the Salutation public house—Sullivan was looking in at the door—Clancey came out and gave him something, and they went over the road to another public house, the Royal Mortar—Clancey went in, and Sullivan looked in at the door—Clancey came out in two or three minutes, lifted his hat off, and Sullivan went in—I went in at the side door, made inquiries, came out again, and lost sight of them—I afterwards saw them in Church-street, about a quarter of a mile off—Clancey went into the Sheer Hulk, opposite the dock gates, and Sullivan stood at the door—Clancey came out again in half a minute, went up to the railway station, and I took him on another charge, and found 3s. 6d. and a half crown on him.
(MR. SLEIGH stated that the prisoner was in the last stage of consumption.)
Confined Three Months.
Before Mr. Recorder.
MR. RYLAND conducted the Prosecution.
JAMES DUNT . I am a job master, living in Effra-road, Brixton—I know the prisoner; he is a coach maker by trade, and carried on business in Water-lane, Dulwich—in June last year I was in his debt; I cannot say to what amount exactly—I did work for him, and he did work for me—I accepted a bill for him for 15l. which I paid—this is it (produced)—that was the only bill transaction I ever had with the prisoner—in Dec. last, in consequence of some proceedings taken against me, I went to the office of Mr. Jones, an attorney in Quality-court, Chancery-lane, who showed me this other bill of exchange for 18l. (produced), it purports to be accepted by James Dunt, but it is not my writing—I believe I owed the prisoner 6l. or 7l. at that time—I at once stated that it was not my handwriting—I never gave the prisoner or any other person authority to write my name on that bill—I saw the prisoner two or three days after seeing the bill at Mr. Jones's, and I told him there was a bill for 18l. in the hands of Mr. Jones that I knew nothing of, and that it was made payable at Mr. Ford's, of Camberwell—he said he would see Mr. ford about it—I told him I had been served with a writ on account of it—I never heard anything more about it from the prisoner—I saw him again four or five days after, and he still said he knew nothing of it—I then lost sight of him until I saw him at Greenwich.
Prisoner. Q. You say you owed me 7l. at that time? A. I think it was somewhere there about—it was not 29l.
MR. RYLAND. Q. Did he ever apply to you to accept that bill? A. No.
COURT. Q. What was the 15l. owing for? A. That 15l. bill was in part payment of a phaeton that I bought of him, and the remaining 7l. was the balance—I was to give him 44l. for the phaeton—I made several other payments of 2l. 3l., or 4l. at a time—I have the receipts to show what I paid—they are not here; I have them at home—I cannot state from memory what I paid—I have done a great deal of work for him—I paid the 15l. to Mr. Donaldson, of Southampton-street, Bloomsbury-square—I paid it in cash—his clerk brought it to me and I paid it—there was no proposition for renewing the bill.
THOMAS FORD . I am a smith and wheelwright, living in Wyndham-road, Camberwell—I know the prisoner—in Sept last, he came to my house—he produced this bill for 18l., and said he wanted it discounted—I said I would get it cashed for him if I possibly could—I put my name at the back, and sent it to the bill brokers—the prisoner indorsed the bill in my presence at my house—I did not get the money to give him then—I got it discounted by Mr. Jones, and handed over to the prisoner 12l.—I got 16l. 19s. from Mr. Jones, but I retained 5l. which the prisoner paid me off for work I had done for him—he owed me about 10l.—I had had other bill transactions with him—I never discounted any other bill for 18l. for him—Mr. Dunt was quite a stranger to me at that time—the prisoner knew to whom I sent the bill to be discounted—I sent it by my son while he was there—I mentioned Mr. Jones's name.
ALEXANDER JONES . I live at Paragon, New Kent-road—my son is a solicitor—I know Mr. Ford—I discounted this bill for 18l. for him very soon after the time it bears date—it was then in exactly the same state it is now, accepted and endorsed—it was made payable at Mr. Ford's residence—I sent my clerk there with it—I have never been paid—proceedings were taken against Dunt—I remember Dunt coming to my place—directly he saw the bill, he denied the signature being his.
Prisoner. Q. How long is it since I became acquainted with you? A. About three years—I first gave you a carriage to do up—I purchased a carriage of you—I did not ask you to purchase that carriage for me; you told me you had bought it, and I went with you to look at it, some months previously to your buying it—you showed me the receipt that you had from the lady you bought it of—I cannot say how much it was, it might have been 33l.—I bought that carriage of you, and I have got it now—I made you payments on account at different times, 2l. 4l. and 5l. at a time, and 15l. in one payment by the bill—I cannot say how much I paid you altogether—you did two little jobs for me after the purchase of the carriage—altogether the work you did for me might amount to 20l. besides the carriage—you asked me for money before I went to Brighton last year, and after I went to Brighton you called and received money from my wife—you said nothing about drawing another bill upon me before I went to Brighton
—you never asked me about any other bill than the one for 15l.—I think I went to Brighton in Nov.—it might have been in Sept. or Oct.—I did not, before I went, receive a note by Alfred Farrant, one of your workmen, containing this bill, and requesting my acceptance to it—you told me nothing about it, and I knew nothing about it.
(The prisoner in his defence stated, that he applied to Dunt to accept the bill, though Dunt might have forgotten it; that he sent it to him by Farrant, one of his workmen, who had since gone to Australia, and that Farrant brought it back accepted; that he had no doubt of its being Dunt's acceptance: he also stated that when Dunt was sued on the bill, he paid the costs.)
MR. JONES re-examined. Dunt did pay the costs, about 4l. but it was under peculiar circumstances—an execution went into his place, and I think he took out a summons before a judge to withdraw—the judge made an order that he should pay the costs, and withdraw the execution—he had neglected to appear to it in due course.
GUILTY of uttering.
834. GEORGE NORRIS was again indicted for stealing, on 2nd Feb., a carriage called a brougham, value 50l.; the goods of James Frederick Corby and others. 2nd COUNT, for stealing another brougham of the same parties, on 17th Feb.
MR. RYLAND conducted the Prosecution.
JAMES FREDERICK CORBYN . I am a coachmaker, in Great Queen-street, Lincoln's Inn-fields, in business with my father and brother. In Dec., 1853, the prisoner came to our place, and hired a brougham, for about a month, at five guineas and a half—I had known very little of him before; I had heard of the name when he was a partner with a man named Little—we had bought a brougham of Little and Norris two or three years before, and I believe it was the same Norris; but I cannot be positive about that—he had the brougham away, and returned it on 30th Jan., that was five weeks and a half; he paid five guineas and a half—on 2nd Feb. he had it out again, according to a letter of his, to hire for a short time; this is the letter (produced)—I believe the prisoner came himself on 2nd Feb., I cannot say for certainty that I saw him—I received this letter on 30th Jan.—I know his handwriting—I have seen him write, and have got his writing to an agreement—I believe this letter to be his writing—this came on 30th Jan., and on 2nd Feb., I believe he came or sent, and fetched the brougham out—I have no recollection of seeing him in particular that day—I ordered it to go in consequence of that letter—we had no bargain for the hiring, more than this letter—(read; "Dulwich, Jan. 30th, 1854. Gentlemen, I shall feel obliged if you can let me have the brougham again for a few days, as I have one in with a broken spring; the other I will see you about")—that refers to another brougham that he had out on Feb. 17th—we did not hear anything more about this brougham till some time at the latter end of the year, when we traced it as having been sent to the Pantechnicon—I think that was in Dec.—we found it had been at the Pantechnicon, but was sold to Mr. Allen, a coach maker, of Long Acre—we found it there, and sued him for it—on 17th Feb. the prisoner had another brougham on hire for twelve months, according to agreement—(This memorandum of agreement was here read)—he was to have paid 9l. when he had the brougham away—he left a dogcart as security instead of paying the 9l.—on 23rd Feb. he fetched the dogcart away, we sent to him to do so—he then paid the 9l., and that was the only money we received from him—we heard about the second brougham first, somewhere about July—the 9l. was not in part payment of the first brougham—we found it was sold to Mr. Hillyer, a stable
keeper, over the water, he had bought it at Ray's repository—my father traced it to Mr. Hillyer, we sued him and got the money for it—I never saw the second brougham again—I saw Mr. Hillyer on the subject many times—he is here—my father is at Scarborough—I believe there is no one here who saw the brougham at Ray's.
JOHN RADDKRMACHER . I am manager of the Pantechnicon, in Belgravesquare. On 2nd Feb., 1854, the prisoner came there and brought a brougham with him; it was entered as to be sold for him, it was booked at 50l.—I did not take those directions from him immediately, they were entered in our books by the usual parties—I saw him on the day following—he had a receipt for it, a copy of the entry in our books—I did not mention the sum to him, it was on the receipt he had—on the following day I advanced him 10l.—I believe I saw him then, I must have seen him; I have not any positive recollection of seeing him—he was there on that day and had the money—I have no doubt I saw him, because it was part of my business to attend to it—I know him perfectly well—I may say that I paid him the 10l.—I should write the cheque for him—I would not swear that I paid him the 10l. myself, but it would not have been paid without my presence—I believe I paid it him, I have no moral doubt about it—he had had the receipt on the day previous—there was a bill at four months in the usual course—that was drawn for the amount that was advanced to him, and a memorandum also, which he signed at the time—that bill would be kept—I have not got it, it is over due, it may possibly be in the possession of the proprietor of the Pantechnicon—the brougham remained with us till March—the prisoner then removed it—I cannot say whether I saw the prisoner—it left our premises, it was either taken away by himself, or removed by his order—in the common course of business it would not be removed except by himself, or by his order—I saw the prisoner on 21st April—I am referring to an extract from the books, that was made previous to going before the Police Court—I can remember, without this memorandum, that I saw the prisoner in April—he brought back the same carriage—he then entered it to be sold, as in the previous instance, but I believe the price was altered to 45l.—on that occasion he mentioned the sum that it was to be sold for—he did not direct me to sell it for 45l.; he directed the party who has the entry to make—I cannot say that I heard him give the directions—the person who received his instructions is not here—I saw the prisoner on that occasion—nothing passed about 45l. by word of mouth—I saw the brougham, it was the same—he had 10l. again upon it, in the same way as before—the expenses had been paid when it was removed in March; when I said the bill would be over due I meant at the present time—it was paid, it might possibly be in his possession—if demanded, the bill is given up, but it is not always demanded, it is destroyed—it is a common bill of exchange, but not negotiated—it is always either given up or destroyed—the prisoner went away on that occasion, leaving the brougham—it remained till the latter end of the year, I think Nov., and was then sold to Mr. Allen, of Long Acre, for forty guineas—a few days after that I saw the prisoner, and accounted with him for the sale—I paid him the balance of 19l. odd, I think it was—that was after deducting the 10l.—shortly after we had an application from Mr. Corbyn on the subject, and he was informed to whom it was sold.
COURT. Q. You paid the money personally to the prisoner, did you? A. Yes.
cannot say whether I ever saw him at the premises—a clerk, who was there at the time, has since left—he is now living in Sussex—I have brought the documents, as far as I could collect them—one of them is a receipt for money, signed by the prisoner—I do not know his handwriting.
WILLIAM HILLYER . I am a livery stable keeper, at Kennington. I know the prisoner well—on 27th Feb., 1854, I purchased a carriage of him—I had seen it on the Tuesday before at Mr. Kay's repository, and inquired whom it belonged to—the men in the yard told me to the prisoner, and I saw him about it, and bought it of him for forty-five guineas—it was a second hand carriage, I believe three years old—I had it done up soon after I had it—I sent my servant to Ray's for the carriage—the prisoner was in my yard when I sent for it, and when my servant came back with it, and I paid him the difference—Mr. Corbyn afterwards traced the carriage to me, and entered an action against me to recover it, and I had to pay his lawyer for it—I have seen the prisoner write—I believe this to be his writing; it looks like it; the "Norris" does, but the "George" does not.
THOMAS FORD . I am familiar with the prisoner's handwriting, and have seen him write once or twice—I believe the signature to this receipt to be his, and to this also—(the receipt was for 10l., signed by the prisoner; the other paper was, "Mr. Ray. Please to sell, on my account, a brougham, about 60l. Geo, Norris. ")
(The prisoner, in his defence, entered into a detail of his business transactions with Messrs. Corbyn, which he alleged were chiefly with the father of the witness; he stated that he became involved in difficultiess, and was unable to meet his payments, but that he had paid to Mr. Corbyn the 15lbill that had been accepted by Dunt, and had time been given him he would have repaid the whole; instead of which, Mr. Corbyn had issued an execution against him.)
MR. CORBYN re-examined. I never received anything on account of these two broughams, except 9l. on account of the second brougham—I remember now that an execution was put in—I did not remember it before—nothing was realized by it, nothing more than would pay the expenses—it was not entered in our books as anything received—the 15l. bill of Dunt's was paid to our solicitor—that has gone for law expenses—I believe there is little or nothing coming to us from that—I did not ask the prisoner for the price of the first brougham, only for the hire of it—we sued him for it while we believed it to be in his possession, but when we found out where it was we sued the party who bought it.
GUILTY on First Count .— Four Years Penal Servituded.
SMITH PLEADED GUILTY . Aged 19.— Confined Six Months.
MR. LILLEY conducted the Prosecution.
MARY ANN PORTER . I live at No. 17, Glasshouse-street, Vauxhall, and am servant to George Bowen; his wife is a laundress. On 13th July, about half past 4 o'clock in the afternoon, I was going along George-street, Vauxhall—Smith came up to me, tapped me on the shoulder, and asked me whether I knew of a mangler about there—I said, yes, my mistress was a mangler—she said, "I have been hunting about this hour, and cannot find
it out; I sent my little girl with it"—she came along with me to my mistress's—there was no one with her—she pointed to a bundle in the window, and said, "That is my mangling"—my mistress gave her the things—she said, "How much are they?"—my mistress said, "Three farthings," and she then went away—when she was gone, my mistress said something to me; in consequence of which, I followed Smith—she covered the things over with her apron, and ran—when she got as far as Jonathan-street, Brown was waiting at the corner, minding Smith's shawl for her—that was about five minutes' walk from my mistress's—Smith took the shawl from Brown, and put it on—Brown could not see my mistress's house from where she was standing.
NOT GUILTY .
MR. LILLEY conducted the Prosecution.
ANN SMITH . I am a widow, and live at No. 8, Marsham-street, Westminster. On a Saturday, at the beginning of Feb. last, a child brought a bundle of mangling from Mrs. Tozer, No. 22, Smith-street—as soon as the child had gone away, the prisoner directly stepped up, and asked me to do those things in an hour for Mrs. Tozer, as she wanted them particularly—she mentioned the name of Mrs. Tozer, who is a customer of mine—the things consisted of a gown, a table cloth, and other articles—the prisoner called for them in an hour, I gave the things to her, and she paid me 2d. for the mangling—she said she was charring for Mrs. Tozer, and she asked me if I took in washing—I am sure the prisoner is the person.
Prisoner. She said at the station she thought it was me? Witness. I am quite sure it was her; I had never seen her before, and did not see her again for three or four months, when I was fetched to the station to see her; but I have no doubt at all about her.
SARAH TOZER I am the wife of Richard Tozer, of No. 22, Great Smith-street, Westminster. About the beginning of Feb. last, I sent a child with some things to be mangled at Mrs. Smith's, they were my husband's property—I never authorised the prisoner to fetch them, she was never in my employment—I never saw her until I saw her at the Lambeth Police Station.
Prisoner's Defence. I am innocent of it; I never did such a thing in my life.
GUILTY . Aged 19.— Confined Six Months.
(There were other indictments against both prisoners.)
Before Mr. Justice Erle.
MESSRS. CLARKSON and BAYLEY conducted the Prosecution.
THOMAS GRIFFITH . I am barman to Mr. Griffith, who keeps a public house, in Gibson-street, Lambeth, I manage the business for him. On 15th June last, I think after 10 o'clock at night, the prisoner came, and asked me if I would give him change for a 5l. note—he produced it, I looked at it and did not like the appearance of it, and as an excuse I told him that I could not give him change—I asked him who it was for, whether it was for Mr. Barnard—he said, "No," it was for himself—I told him I had not
sufficient change to give him, I had only silver—he said, "Oh, silver or anything will do, I don't care what it is as long as you will change the note for me?"—I had a pile of 15l. or 20l. worth of silver in the bar—I returned the note to him, and he left—it appeared to be a 5l. Bank of England note.
WILLIAM EDWARD VICKRESS . I am a publican, at No. 34, Lower-marsh, Lambeth; I manage the business for my mother. On Friday, 15th June last, the prisoner came a little after 10 o'clock at night and called for a pint of porter, I served him, he drank some of it and then tendered a 5l. note, and asked me to change it—I held it up to the light, and looked at it—I said, I did not like the appearance of it—I asked him who it was for—he said, "It is all right, it is for Mr. Barnard"—I know Mr. Barnard, he is a rag merchant in Gibson-street, and I knew the prisoner as bis servant—upon that I gave him change for the note, and wrote on it the name of Mr. Barnard, No. 5, Oakley-street, and my initials—this is the note (produced)—I fancied at the time that Mr. Barnard lived in Oakley-street, Gibson-street runs into Oakley-street—I gave the prisoner four sovereigns 19s. 6d. in silver, and 4d. in coppers—he finished his porter, and went away—I put the note in my cash box—on Tuesday, 19th June, I paid it away to Mr. Fox—he returned it to me on the 22nd marked forged, and I gave him five sovereigns for it—I know Mr. Booth, a fishmonger, who lives opposite me—the prisoner was employed by him, as well as by Mr. Barnard—I went over to Mr. Booth to see if the prisoner was there, and then went up to my mother's house in the Westminster-bridge-road to tell her about it—I did not tell Mr. Booth where I was going to—about a quarter of an hour after, the prisoner came to my mother's house, it was a little after 1 o'clock in the day—he said to me, "How about this note?"—I said, "Who told you about the note?"—he said, "Mr. Booth told me"—I said, "I told Mr. Booth not to say anything at all about it to you"—he said, he had it from his brother—he said that voluntarily, without any question from me—he said if I would not prosecute, he would pay it back at 10s. a week—I said, I could not make any promise—he then went away—some time after I went with my mother to Mr. Booth's house, where I expected to find the prisoner—he was not there—they sent for him—I went over to my house, and shortly after Mr. Booth came to me with Draper the policeman, and the prisoner—they went into the parlour with me, and there the prisoner again said, "I will pay it back at 10s. a week, if my master will be surety for me?"—Mr. Booth did not agree to that, nor did I, and he was handed over to the police.
Cross-examined by MR. DUNCAN. Q. How long have you known the prisoner? A. Two or three years—he has been servant to Mr. Barnard about six months—he frequently came to my house—I have seen his brother, but I should not know him—the prisoner is known at my mother's house by taking fish there—he has been servant to Mr. Booth for two or three years—on the first occasion, he offered to pay it back at 10s. a week, and on the second occasion he said if his master would be surety—I do not remember that I had said I meant to prosecute him—if his master had been surety for him, I am inclined to think I should have taken the 10s. a week, if my mother had been agreeable.
LYON BARNARD. I am a rag merchant, in Gibson-street, Lambeth—the prisoner has been in my employment as stableman for about eight months; he also worked for Mr. Booth—I did not give him any note to get changed for me about 15th June last—on the following Saturday, Mr. Griffiths came and spoke to me about it—I went into the back place to
the prisoner and said, "Fred. you went to Griffiths for change for a 5l. note, and I shall not think of employing you any more unless you tell me where you got it from"—at first he hesitated, and said it came from a friend of his, but at last he said that his brother gave it him—he said he did not know how his brother came by it—I had always heard that his brother was a very bad character, and I told him it was very foolish of him to have anything to do with him—he said his brother made him do it, and threatened he would stick a knife into him, or something to that effect, if he did not get it changed, and he said his brother had called him a—b fool for not saying it was mine at Griffiths's, then they would have changed it for him.
Cross-examined. Q. What character has he borne since he has been employed by you? A. A very good one, or I should not have taken him—I have heard that his brother is an associate of thieves and pickpockets—I have not seen him—I told the prisoner he was very foolish to have anything to do with his brother—I was satisfied with the explanation he gave me—I really think he did get the note from his brother—whenever I have pressed him for the truth I have always got it from him—I asked him three or four times about the note, and he always said the same thing—I am quite willing to take him back into my service.
MR. CLARKSON. Q. You did not see his brother give him the note? A. No, his brother's character is notoriously bad, I should think everybody in Lambeth knew it—I do not know it is bad in reference to notes—he goes by the name of Allego—I should think the prisoner knew his brother better than I did.
NOT GUILTY .
Before Russell Gurney, Esq.
MESSRS. W. J. PAYNE and POLAND conducted the Prosecution.
SARAH LUCINDA INSEAL My father keeps the Red Cow, Peckham. On 20th July the prisoner came with a young man, about 6 o'clock—I served them half a pint of porter—the prisoner gave me a florin—I tried it, and found it was bad—I told him so—he said he did not know it was bad—he gave me a shilling—I broke a piece out of the florin—he told me I had no business to deface his money—I gave him the large part back, and kept the small piece—I gave him a sixpence, 3d. piece, and one penny change out of the shilling—he bent the 3d. piece with his teeth—I said he had no business to deface my money—he said I had defaced his—I gave him three penny pieces—I took the piece of the florin into the parlour, and showed it to my father—it laid on the mantel piece till a policeman came.
Cross-examined by MR. ROBINSON. Q. Did you give it to your father first? A. Yes, and he gave it me back—I put it on the bar parlour mantel piece—a policeman came in about half an hour—I remained in that room the whole time—no one else came in there.
SUSANNAH VOAK . I am the wife of John Voak, a chandler, in the Old Kent-road. On 20th July, between 6 and 7 o'clock in the evening, the prisoner came, and had a bottle of ginger beer—he paid with a florin—I told him I thought it was bad—he said he thought it was good, but would give me another—I returned it to him—he gave me a shilling—I gave him change—I sent for my husband, and gave the florin to him—there was a man outside the door with a blue waistcoat—I told the policeman I thought he was a companion of the prisoner—the prisoner said, "No; I never saw him before."
Cross-examined Q. Were there other persons standing outside? A. Yes, quite a crowd.
JOSEPH VOAK . I recollect my wife being in the shop on the day in question—I saw the prisoner there—she said he gave her this florin—I took it, and saw it was bad—I told him it was bad—he said he thought it was not—I said I thought it was, and we must have the opinion of a policeman—a policeman came—I gave him the florin, and gave the prisoner in charge—I went to the station—a young man, who appeared to be a friend of the prisoner by his motions, came down the lane—he saw the policeman speak to the prisoner, and ran away.
GEORGE WELLS (policeman, P 271). I went to Mr. Voak's shop, and the prisoner was given into my custody—I received this florin from the last witness, and this piece of a florin from Miss Inseal—I found on the prisoner several good shillings, a sixpence, and 3d. worth of halfpence—he gave his name as William Tadbold, and said he had been living at the Portman Arms, George-street, Portman square—there is no such house there.
Cross-examined. Q. Do you mean to say that he said "Portman Arms?" A. Yes—I have never used the words "Portland Arms"—I believe my deposition was read over to me—on the second occasion the prisoner gave his own name.
(The prisoner unshed to make his own defence, and spoke as follows: "I went to see the Exhibition at Sydenham; I saw some young men playing at cricket; they asked me to play, which I did; they gave me beer, and I got intoxicated, which I had never been before; I left the field with one of them; he asked me to drink; I said I had no objection; I was going to pay with a half sovereign; he said he would give me change for it, which he did, and he paid for the liquor; we came on, and went to a public-house; I put down a 2s. piece, which was bad; I told the young man it was bad; I put down a shilling; the witness gave me change; I bent the three pence she gave me, and said, 'You see you can bend silver;' we came on; I insisted on his giving me my half sovereign, or another florin; he said it was good, but I found it was not.")
(The prisoner received a good character.)
NOT GUILTY .
Before Mr. Recorder.
MR. METCALFE conducted the Prosecution.
CHARLES BOWERS . I am a painter, and live at Vauxhall On Saturday night, 25th July, I was going along Albert-street, London-road, a little after 12 o'clock—I saw a woman, she asked me if I wanted to go with her—I said, "No," I had a wife of my own—she made a sort of screech, and the prisoner and a tall man ran across the road—the tall man held his hand over my mouth, and his other hand at the back of my head—the prisoner struck me over the eye, and kicked me—I had a load with me in a basket, sugar and tea and other things, and I fell down—the man still held his hand over my mouth, that I should not halloo—the prisoner kicked me before I fell down—when I was down the other man held his hand on my mouth, and the prisoner kneeled on my knees—I was lying sideways on the ground—the prisoner said, "Let us do for him"—the woman searched
my left hand pocket, and the prisoner searched my right hand pocket, and tore it inside out—I had 1l. 4s. in silver in a box, in my right hand pocket—the prisoner took the box—he shook it first, and gave it to the woman, and said, "All right?" the woman then ran off with the money—the men let the woman go a certain distance—the man then let go my mouth, and I hallooed out "Police!"—the tall man ran away, and followed the woman—the prisoner ran away, and I ran after him—he ran twenty or thirty yards to the other side of the street, and a policeman came up and took him—I was about a foot or eighteen inches from the prisoner, when he began to run—I kept up close to him—I could almost touch him.
Cross-examined by MR. LILLEY. Q. This was after 12 o'clock at night?.A. Yes; I do not know Garden-row—I never was up the road before—I had had a pint of beer, and 1d. worth of peppermint—I had not had anything before that—I had left work about half past 8 o'clock—I had come from Sydenham by the train to London-bridge—I had been getting some things, some tea and sugar—I had been to a public house, and I went and had something to eat at a cook's shop—I did not drink anything before I went to the cook's shop—the street I was in is rather dark, there are no shops there—I had not gone far into the street—I might have been four or five houses down—I was struck on the eye, and it bled—I was knocked down, and kicked on the thigh—when they ran across the road, the prisoner struck me—the tall man is not here—the prisoner ran twenty or thirty yards before he stopped—I was bleeding, and felt exhausted.
MR. METCALFE. Q. You were bleeding from the cut over your eye? A. Yes; and the prisoner did that, and also kicked me.
FREDERICK MIDMORE (policeman, L 118). I heard some one calling "Police!" and ran into Albert-street, and found the prisoner; the prosecutor was in the act of getting hold of him—the prisoner was holding up his hands to prevent it—the prosecutor said the prisoner had knocked him down, and robbed him of 23s. or 24s. and that there were two others, a woman and a taller man, and the tall man held his mouth while the others robbed him—the prisoner told him to calm himself, and said he knew nothing about it—the prosecutor appeared sober, but he was very weak, and was bleeding from the eye—he said, he had been kicked in the thigh by the prisoner—he went back after his basket—I did not see the basket till he brought it.
Cross-examined. Q. Was this in Garden-row? A. No; in Albert-street—they are all private houses, but there are two lamps twenty-six strides apart.
JAMES NOLAN (police sergeant, L 3). The prisoner was brought to the station by the last witness—he said, that he knew nothing about it—I said, "How came that blood on your hand?"—he said, that he put his hand up to keep the prosecutor from rushing at him.
GUILTY.† Aged 38.— Transported for Fourteen Years.
MR. COOPER conducted the Prosecution.
JOSEPH PACKWOOD . I am clerk of the parish of Rusden, in Northamptonshire. I know the prisoner, he formerly lived at Rusden—I was present at his marriage with Ann Miller—she was bred and born there—they
were married by banns, on 13th Oct., 1834—this is a copy of the register it was taken by the Rector—it was examined, and is correct—they left Rusden in some little time after the marriage; I cannot say when—his wife was afterwards chargeable to Rusden—she was part of the time in the Union—I cannot say how long that was after the marriage—it might be nine or ten years.
Q. Do you produce the certificate of the burial of a woman? A. Yes; it was on 9th Aug., 1849—this is a true extract—I expect she was the same person whom the prisoner married—she was buried from the Union—I think the last time I saw her alive, was somewhere about two years before her death—it was before she went in the Union—I met her in the street—I saw the prisoner afterwards with Ann Eastbury, in my own house, at Rusden, about four or five years back, about twelve months after his wife died—1 suppose he came about his work—he said he was very glad that his wife was dead, and that he had a good drink the night that he heard it—that while he was away from home, he was with a considerable party, and the "relieving officer at Rusden, Joseph Walker, came and asked if any of them knew William Welford, and he himself jumped up, and said, "I know William Welford, I will go and fetch him;" and he offered to go after him, and went away.
Cross-examined by MR. SLEIGH. Q. How long did this man live with Miller his first wife? A. Two or three years, or four or five years, perhaps, I cannot say exactly—I knew him well all his lifetime while he lived at Rusden—I do not know a man of the name of William Wood, who knew them both—I do not remember the prisoner going to work for Mr. Noel, the contractor, at the railway—I know he went away and left his wife chargeable to the parish.
Q. Do you remember, while he was away, Mrs. Welford going away with a man of the name of William Wood? A. Not to my knowledge—I never knew a man of the name of William Wood—she might go away with another man, and live with another man, for what I know—I know she went away, but about her living with another man, I know no more than this paper in my hand—I never remember any talk about her living with another man—of course there must have been some other man, because there were children afterwards—she had children by somebody, but who I know not.
Q. Don't you know it to be the fact, that when the prisoner left her, it was merely to fulfil his engagement with a contractor, and during his absence she went away with another man? A. Not to my knowledge—it was at Rusden that I saw the prisoner with his last wife, but that was after the first wife was dead—the first wife died in 1849—I have got the proper record of it.
ANN EASTBURY . I live in Love-lane, Wandsworth—I was married to the prisoner—I first saw him seven weeks before we were married; I think it was in Worcestershire—I married him on 4th Sept., seven years ago this Sept. that is coming—he represented himself as being a widower—he and I came to London five or six years ago, and took a beer house in Maiden-lane.
Q. One day did a man come to your house who knew the prisoner? A. Yes, that was in the August after we were married—he said to my husband, "Welford, I came through Rusden this morning when the bell was tolling for your wife"—the prisoner shook his head at him, but the man still kept on talking—the prisoner said he was glad she was dead, for she was a good-for-nothing
hussy—he had told me before I married that he was a widower, and he showed me and my mistress the bill of the funeral of his wife—he said that was what he paid for her funeral—that was before we were married—I have had two children; one is dead, the second is living—it was two years old on 25th July—the prisoner has not offered to many me since this—I have not asked him.
Cross-examined. Q. You were not married to anybody else before your marriage to this man? A. No—I know no man of the name of Bell—I never kept company with any man but the prisoner, and I never was outside my mistress's door with him till I went to be married—I had lived with my mistress sixteen months—the prisoner was employed on the Oxford and Wolverhampton Railway when we married—I do not know what his wages were; I never asked him—he summoned my mistress for my wages after we were married—he owed my mistress a bill, and she wanted to detain my wages for it—I attended the Court when my mistress was summoned for my wages.
Q. Had you not lived with a man, never mind his name, previously to your being married to the prisoner? A. Never in the world—I never worked at Baddeley silk mills, or at any silk mills, before being engaged with my mistress—I never worked in any factory—I always got my living by service—I lived with the prisoner about one month in Worcestershire before I came to London—he got employment with Mr. Jay, about twelve months after we were married—he has not treated me with kindness—he has ill treated me, and I have got wounds to show for it—after we came to London to the beer shop, we had a girl living with us named Eliza Sharpe—he sent for her to nurse me in my confinement—I had known her before—I had lived servant with her—after my confinement, that girl and I did Not attempt to leave my husband; not at all—I did put my clothes not pack up 24l. of the prisoner's money—he never had it.
Q. Was there a man named Gamon who lodged in the beer shop? A. Yes, he lodged there with his wife—I was not stopped in leaving the house with my clothes packed up, and some of my husband's money—I never was stopped—I was not leaving the house with a portion of his money—I never left it at all—I never had any of his money.
Q. Do you mean you did not take the Bible off the shelf and kiss it, and say if he would forgive you, you would never do it again? A. Never, in this world—I went with him to Clerkenwell Police Court, about a person stealing a pewter pot; and I went about a woman striking me in the face—I never was fined—I never had to pay anything—I once was taken by a woman who called me bad names, and I threw a bucket of water over her—she took me there, but I had nothing to pay—we have left the beer shop about five years—we were at Wandsworth; the prisoner was working there all the winter—I took a little house—he did not—he did not pay the rent, I did—I got the money from him and the lodgers—there was a man named Charles George lodging there—he is now at Wandsworth—I have not seen him this morning, nor yesterday, nor for a fortnight—I know Bates—I do not remember shortly before this charge against the prisoner, Bates and my husband coming back unexpectedly, and finding me and George in the house alone—we never were alone—I remember the prisoner ordering George to leave his house, and find fresh lodgings—my husband cannot say any harm against me, nor yet bring any one else—I left him to go and get my living in a gentleman's family.
MR. COOPER. Q. What wounds were those you spoke of? A. I got my nose broken twice, and this scar over my eye—I have been thoroughly true to him, and he cannot say to the contrary.
HENRY UNDERHILL (police-sergeant. V 6). I produce these certificates-(Read: Rusden, 13th Oct.. 1834. William Welford and Ann Miller, married by banns.) (4th Sept.. 1848, William Welford and Ann Eastbury, married at Chipping Camden, Gloucestershire.) (6th August. 1848. Died at Wellingborough, Ann Welford, aged 37, wife of William Welford, labourer; cause of death fever and bronchitis)
COURT to ANN EASTBUBY. Q. How old were you when you married this man? A. I was nine years old the day the Queen came to the crown—I was a servant—I had no money—the first two years I was put in a farm house—the prisoner never told me that he was married more than once.
(John Agar, labourer; William Bates, labourer; and Janet Burns, all of Wandsworth, gave the prisoner a good character.)
GUILTY. Aged 44— Judgment respited.
ADJOURNED TO MONDAY, SEPTEMBER 17TH, 1855.