Old Bailey Proceedings, 22nd October 1855.
Reference Number: t18551022
Reference Number: f18551022



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.


OLD COURT—Monday, October 22nd, 1855.


Before Russell Gurney, Esq., and the First Jury.

Reference Number: t18551022-899

899. SARAH BROWNING was indicted for wilful and corrupt perjury.

MR. ROBINSON conducted the Prosecution.

HENRY BALDWIN (policeman, D 159). I produce the information of the defendant, made at Marylebone Police-court—I did not hear her sworn to it.

HENRY PHILLIPS . I am clerk at Marylebone Police-court I was present when the defendant made her complaint—she was sworn—(this was dated 15th Aug., 1855, and complained of an assault by Henry Watts, by tearing her thumb)—upon that a warrant was granted—the hearing took place on 23rd Aug.—she was sworn on that occasion—I took down her statement—this is it (reads: "Sarah Browning says: I am the wife of Robert Browning, and live at No. 21, Spring-street, Paddington; my husband is a tailor; the defendant lives there; I was a tenant of his son; I was here as a witness against his son on a charge of manslaughter; on Wednesday, 15th Aug., the defendant came into my room; the landlord said, 'Have you given this person notice to quit?' the defendant said he had not; he said, 'I will do it,' but he did not do it; the defendant said, 'Pay me what you owe me;' I said, 'I am not aware I owe you anything;' I said, 'The bill was not a correct one, and I shall not pay it; your son owes me money, and I wish him to pay that;' he said, 'You are a thundering liar, he owes you nothing;' he said, 'Pay me what you owe him,' and he came up and shook his fist in my face, and just touched my nose; I said, 'Get out of my room;' he said he would not, and he laid hold of me and tore my finger, and the blood ran about the passage; two men who were there shut the door, and would not let me call the police; I tried to push Watts out, and

the man put his foot against the door.

Cross-examined. I have it in the book how much I owe the son; he did show a paper to my husband a few days before; I did not say, 'You old vagabond, get out, or I will kick you out;' I ordered him out, and I tried to push him out; I did take him by the shoulder; my husband tried to get me from Watts; a policeman came, but he did not take me in charge, and I did not give him in charge; the broker has since distrained for rent; my husband does work there")—The charge was dismissed, and a certificate granted on application—it was applied for immediately.

Cross-examined by MR. RIBTON. Q. When? A. At the moment—I suppose Mr. Foley's clerk applied for it. (This being read, certified the dismissal of the charge by the Magistrate.)

JOHN TARGET . I have been a beerhouse keeper. I am now out of business—I reside at No. 18, Manning-street, Paddington—on 15th Aug. I went to No. 21, Spring-street, Paddington—I went there by myself—I met Mr. Webb there, and Mr. Knapp, and Mr. Watts—I first of all went into the cellar with Mr. Webb—there was a transfer there on that day—I afterwards went to the room where the defendant was—I did not go into the parlour, only into the passage—I heard Mr. Watts ask Mrs. Browning for some money—Mrs. Browning said she did not owe it—she put herself in a very great passion, and said she would call the police—she called Mr. Watts an old vagabond—I could see into the room, the door was open—I saw Mrs. Browning, and I saw Mr. Watts—he did nothing more than ask for his money, 9l. 2s.—Mrs. Browning went to the door to call the police—her husband called her away, and said, "Don't open the door"—she said she would—when she got back into the room she said, "Oh, look here, he has struck me, there is blood on my finger"—her husband was in the room at that time, he had remained in the room—he caught hold of her, and pulled her into the room from the passage—she was in a very great passion, and seemed very much excited—Mr. Watts did not strike her, or threaten to strike her, from first to last—he never caught hold of her—he did not shake his fist in her face or touch her nose—I think it is impossible that he could have torn her finger without my seeing it—I saw no violence at all on the part of Mr. Watts, all the violence I saw was Mrs. Browning in a very high passion and excitement—after her husband pulled her back into the room nothing more took place—I said to Mr. Watts, "You had better come away, and let them alone; you won't get your money, I dare say"—Mr. Watts went away soon afterwards—I went away in a minute or two, and he followed me.

Cross-examined. Q. You were not in the room? A. I was in the passage—her room adjoins the passage—I was standing by the side of Mr. Watts—he never went into the room—he was standing in the doorway—he might have stood with one foot just inside the doorway, that is all, he never went in past the door—Mr. Webb was close at my side, in the passage—Mrs. Browning, her husband, and another man were in the room—I went there to help Mr. Webb gauge the beer—it is a beer house—Mr. Knapp was going to take possession of it under a transfer from Mr. Watts—the prisoner was a lodger in the house—the prosecutor was the landlord—I think the business had been transferred to him—the son was the landlord—it had been transferred not many days before this occurrence—the defendant was the tenant of Mr. Watts, junior—when Mr. Watts asked her for the rent, I believe she said she owed him no rent, whatever she owed was to his son—I am not sure about it—she said she did not owe Mr.

Watts the money—she might have said it was to his son that she owed it—Mr. Watts said if there was anything due to her he would pay it—I did not hear her or her husband say, "If you want to collect the debts due to him, I suppose you will pay the debts due to us," but I heard Mr. Watts say if there was anything owing it should be paid her—I did not hear her say that she did not owe him so much as 9l.—I think she said to him, "Go away from my premises," but he was in the passage at the time—he was very quiet, not at all angry—I did not hear him call her a liar, or a thundering liar, or a d—n liar—I was quiet enough—her husband said he should like to give me a good licking—that did not excite my indignation—I did not say anything—he is not a very big man—I did not say, "Any one can see what he is by the look of his face, a d—d tailor"—I said nothing of the sort—I did not call him a tailor—I did not know he was a ft tailor—we found she would not pay the money, and we all left—we did not his—I never heard it—it could not have taken place without my hearing it—it did not take place—I was there the whole of the time, until Mr. Watts came away—on my oath I did not see Mr. Watts lay his hand upon the prisoner in any way whatever—he could not have done so without my seeing him—I did not see her finger bleeding, I only heard her say so—she did not hold it up that I know of I did not see her do so—she held out her hand and said, "Look here," but I never saw her hand—bar husband and the other man were before her—I think she would here struck Mr. Watts if her husband had not interfered, and the other man kept her away—the husband being a tailor I think had got some pins in his coat—if her finger was torn at all, I think it was done in that way—she went to the door and opened it to call for the police—she did not call for the police, her husband told her to come in—she said she would not have anybody in her place, and she would call the police—she went out into the passage to go to the door—there was no cry of police—I swear that—I never heard it—this was between 2 and 3 o'clock in the day—we had not dined—I might have had a glass of ale—we had a glass at this house—I do not know that I had more than one glass, I had not—I dined at that house afterwards—I did not borrow a frying pan of the prisoner—I do not know that anybody did—I did not hear any language addressed to the prisoner after this during the day—I did not hear any one call her names—I did not hear any one go in front of the house and call her husband a b—for not paying the rent—I do not know whether a policeman was fetched during the day—I did not remain there long after this matter, about half an hour, and then went away and went to work—no policeman was fetched while I was there, one was fetched afterwards—I do not know who fetched him—I have known Mr. Watts many years—I knew at that time that his son was in custody on a charge of killing his wife—I do not know how long it was before this that the quarrel between Watts and his wife had occurred; it might have been about a fortnight—I had heard that the prisoner had given evidence before the Magistrate—Mr. Watts, sen., had not said anything to me about the evidence she had given against his son—he has never said to me that he had been trying to get her to keep away from the trial—I did not give evidence before the Grand Jury—Mrs. Browning was very much excited, and in a great passion from the very commencement—I was quite cool, and so was Mr. Watts and the others.

MR. ROBINSON. Q. You say the prisoner's husband and the other man were trying to take her away, who was that other man? A. I do not know his name—I was present before the Magistrate when the charge was made

by the prisoner—I did not hear that other man examined as a witness, he was there and was examined, but I did not hear him—there was an elderly female also in the room—she was not examined before the Magistrate in my hearing, I believe she was there—I do not know her name—I believe the other man lodged in the house—I heard so.

FRANCIS MATTHEW WEBB . I am clerk to Mr. Verey, a brewer, of Kilburn. On Wednesday, 15th Aug., I went to No. 21, Spring-street—I went by myself—Mr. Watts asked me to go and ask for the rent—he did not give me any paper—I asked Mr. and Mrs. Browning for the amount of 9l. 2s. for rent due to Mr. Watts, jun.—they said they did not owe that, and that Mr. Watts, jun. owed Mr. Browning money for tailoring—Mrs. Browning said that—I said, "If Mr. Watts, jun. owes you any money, Mr. Watts, sen. will pay all his debts"—I sent for Mr. Watts, sen. to ask him whether he would pay it—he came in about twenty minutes before I left the room—Mrs. Browning immediately began abusing him—she called him an old scamp, and said that he had drawn blood from her—she went to the street door and called, "Police"—I went and shut it, and she said that her agreement was to have the street door kept open—when she came back into the room nothing took place beyond altercation by words—she called him an old scamp, or words to that effect—after that I came away—I heard her say that he had drawn blood from her—I saw her husband come and hold her back not to make a disturbance—he took hold of her and held her back—she was trying to get at Mr. Watts—he was only talking and arguing—he used no violence whatever from first to last—he did not put his fist in her face, or touch her nose, while I was there—if he had done anything to her finger or thumb I must have seen it—I left with Mr. Watts—we all came out of the passage together—I do not suppose I was in the house ten minutes after that—I left Mr. Watts there—Mr. Knapp was there and Mr. Target—there was an elderly female in the room—I did not see her before the Magistrate—I do not remember that there was any other man there.

Cross-examined. Q. You were not there the whole time? A. I was there from the time of asking for the rent—Mr. Watts sent me in the first instance to ask for the rent—I had been in the house an hour and a half, or two hours before that—I was down in the cellar the principal part of the time taking the stock for Mr. Watts, transferring it to Mr. Knapp—we had some beer there, not much—we had one half pint between three of us—of course Mr. Watts was angry when she would not pay the rent—there was a good deal of confusion with Mrs. Browning and her husband holding her back—Mr. Watts was not near her while her husband was holding her back, he was in the passage, and she was in her own room—he did not go into the room while I was there, he was in the passage all the time I was there, he was just underneath the threshold of the door in the passage, he was more out than in—I went in first to ask for the rent, he was just close against my elbow—I did not leave him there, we all left together, and he was close to the door at the time her husband was holding her back—I was between her and Mr. Watts all the time I was there—I did not hear Mr. Watts call her a liar—I heard her desire him to leave the room; he was not in the room—I did not hear Mr. Target say anything to her—he said something to Mr. Browning—there was an altercation between those two, nothing but words—I did not take particular notice of what it was—he did not call him a d—d tailor to my knowledge—he did say, "Anybody can see what he is by the look of his face"—I recollect his saying that—

Mr. Watts was close against him when he said that—Mr. Target was a little angry, and so was Mr. Watts—I had nothing to be angry about—Mr. Knapp was there, he wanted his room—that caused me to go—he is the present landlord—he took the house of Mr. Watte, it was transferred to him after Mr. Watts, jun., was put in gaol—Mr. Knapp did not want to turn her out, he wanted to get his room—he was quite quiet and peaceable—I did see that the prisoner's finger was torn, I did not see any blood—I heard her say that he had drawn blood from her—she called the police, and I went and shut the door, because there should be no piece of work—Mr. Target was not there when I shut the door the first time, I cannot say whether he was there when she called, "Police!"—no policemen came while I wag there—I am no particular friend of Mr. Watts—I have known him four or five years—I knew that his son had been committed on a charge of killing his wife, and that the prisoner had been a witness against him before the Magistrate.

MR. ROBINSON. Q. Were you there when Mr. Watts came? A. Yes, and remained until she complained about her finger, and for about ten minutes afterwards.

COURT. Q. You said that you left the house before Watts, did you leave Browning's room before Watts? A. No; we left the room together, we all came out pretty well at the same time.

JOHN KNAPP . I am the landlord of the house, No. 21, Spring-street I was present on 15th Aug., when Mr. Watts was there—I went by myself first of all—when I got there I saw Mr. Webb just in the door—Mr. Watts was there, and Mr. Target—Mr. Watts was asking Mrs. Browning how it was she did not leave the house, that he gave her a notice a fortnight before, verbally—she said, "I won't take that as a notice, I won't go oat under a month"—Mr. Watts said, "Well, then, pay me the rent you owe me, 9l. 2s.?"—she said, "I don't owe you any rent"—he said, "You do"—there was an altercation between them, and Mr. Watts said, "I desire that you leave the house"—she said, "I won't go under a month"—she became very violent and irritable, and came towards Mr. Watts to push him—Mr. Watts said, "Don't push me"—she said, "I will, get out of my house;" and she did push him towards the doorway, but there was no blow struck at all—I was rather surprised to hear Mrs. Browning say, "Oh, dear, that is bloodshed!"—I did not see her husband do anything to her—I did not see him touch her—she said, "Oh, dear, you have drawn blood; I will go and fetch the police"—I rather smiled at the time, because I knew there was no violence used to cause her to use such an expression—she went towards the window of the room to call the police—the window looked into the street—there are two doors to the room, one leading to the back room, and the other into the side passage—I remained, I think, something like ten minutes—Watts went away with me—not the slightest violence was used by him from first to last—he did not strike her, or threaten, or attempt to strike her—he put up his hand and said, "Pay me the money that you owe me for rent"—he did not touch her when he did that—if he had torn her finger I should have seen him; I was so close to him that I must have observed it—I did not hear him call her any bad names—I do not recollect that there were any bad names used—she said, "Get out of my house, you old" something, I do not recollect what it was.

Cross-examined. Q. I believe the house was transferred to you? A. Yes—I was anxious to get possession of it—she had been asked before that day to give up the rooms—I have got possession now—she and her husband have left—the house was transferred to me whilst Mr. Watts, jun., was in gaol.

COURT. Q. How near was Watts to Mrs. Browning at the time he held His hand out? A. I suppose about three feet—no one was between him and her at that time.

WILLIAM WATTS . I received from my son authority to collect the rent from the prisoner—I told her so, and showed her the authority—it was in writing—I have it here (producing it)—my son was then in gaol—on 15th Aug. I gave instructions to Mr. Webb to go there—I subsequently received a message from Mr. Webb, in consequence of which, I went myself—I went into the room—Mr. and Mrs. Browning began—I told them all I wanted was for them to settle the rent, and to know when it would be convenient for them to give up the apartments—she abused me, and called me everything, and said I had struck her—I never struck her, nor attempted to strike her—Mr. Webb was there, Mr. Target, and Mr. Knapp—the prisoner was very violent—her husband was between her and me, otherwise, I think, she would have scratched my face; however, she did not—she never touched me, and I never touched her—I never put my fist in her face—I might have lifted my hand, and said, "You owe me so much rent," but I never put my fist in her face—I did not touch her nose, or tear her finger—I never touched her—I used no violence to her at all from first to last—I saw a man in the room as well as her husband, and a woman also—they were examined before the Magistrate—Mr. Target and Mr. Webb were examined—Mr. Knapp was not examined there—I do not know the names of the other man and woman—I do not know what that man was—I believe bin to be a tailor.

Cross-examined. Q. You were not at all violent, I suppose? A. Not the least; I was quite cool—I wanted the rent settled—they might have fancied I was angry—I did not go into the room—the door stood open, and I went into the doorway—I did not call Mrs. Browning a liar that day—the day I went for my rent I got grossly insulted, and Mr. Browning threatened to kick me out of the place—he said something about owing him money, and I said I would rather he did not tell me a lie—I do not know that I said I would pay it, I was in duty bound to pay it—I was there when the police was called—Mrs. Browning called the police at the door—the police came not long after—I did not hear what she said to the policeman—the policeman sent for me—I did not hear him desire her to get a warrant—he said he had an order to take me in charge—I said if he had he had better take me—he did not take me—I have never said anything to the prisoner about the evidence she had given in my son's case—I never said to her that she was trying to swear my son's life away—I swear that—I never said that I would be one with her, and have her up for perjury—I never uttered such a thing—my son was charged here at the last Session with murder—the prisoner was a witness on that trial, and had been before the Magistrate—I knew that she was to be a witness at the trial last Session—Mr. Foley was the attorney who conducted my son's defence—he is also the attorney for this prosecution—I have instructed him—I instructed him to prefer a bill last Session—I first applied to the police court for a summons against her for perjury—Mr. Foley did not advise me to do that—the Court did not grant me a summons; they gave me a certificate, and advised me to prefer an indictment—I did not apply to the same Magistrate who heard the case—it was at the same Court—I knew myself that I might prefer an indictment against her—the bill was found last Session, the day before my son's trial—I could not get it before, because the Jury was not sitting—no one told me to say that.

Witnesses for the Defence.

JOSEPH BARRY . I am a tailor. I know Mr. Browning, the prisoner's husband—on the day in question I was in Mr. Browning's room—I was not there immediately preceding the affair—the first I saw of it was two or three men endeavouring to force their entrance into Mrs. Browning's room, and she was endeavouring to keep them back—she had previous to that been struck, I should say ten minutes previously—she was bleeding at the time—I did not see the blow struck—it was struck previous to my coming in—I saw the blood on her finger, or thumb—it had been torn—it was a scratch—I advised her not to take the law into her own hands, but to seek protection from a Magistrate—there was not a great deal of blood from her thumb—it was a tear, I should think, half an inch long—I saw the blood flowing from the thumb—I saw it drop on the ground—I heard Mr. Watts use a great deal of violent language—he demanded his rent—a policeman was sent for—I advised him to be sent for—I believe the daughter went for him—I saw Mr. Watts draw, or try to draw, Mrs. Browning out of her room—she was standing in the passage at the time, near the door—I am quite satisfied that I saw her thumb cut, and blood flowing from it.

Cross-examined. Q. Was there a pool of blood on the floor? A. No; spots, not particularly large spots—I should say I saw three or four spots—it was sufficient to say that she had been torn—Mr. Watts was there when I went there, inciting the people to force their entrance into the room—there were several people there, I should say four or five—Mr. Watts was there, in the passage—the men were endeavouring to force their entrance—I was then in the room—I and Mrs. Browning prevented them forcing their way in—I endeavoured to keep them out, because I considered she was being very much ill used—nobody struck her but Mr. Watts, to my knowledge—she had been struck previous to my going in—I did not force my way into the room—I knocked at the door, and it was opened by some person inside—I cannot say who it was—it was a man—I had been in there about ten minutes before I saw Mr. Watts use this violence—there had been a great deal of disturbance before I went in—the first thing I saw when I went in was Mrs. Browning standing in the room, in a very agitated state—I did not pass Mr. Watts and the rest of the people to get into the room—I believe Mr. Watts was behind one or two more that were in the passage—I had to go through a portion of the passage to get to the room—I did not go through the whole passage—I did not pass Mr. Watts—he was in the passage—the door is in the centre of the passage—I passed the one that opened the door—I have no doubt he was one that was forcing his way into the room—there were two or three in the room—Mr. Browning was there, and a man of the name of Lee—I was not before the Magistrate—I have not been in Court to-day, I have been outside—I was not subpoenaed here to-day—I was not told to come here—I came voluntarily—I told the prisoner's attorney, Mr. Henning, that I had seen the affray—I saw him this morning, when I came down to the Court—I am a tailor—Mr. Browning is a tailor—I merely called there on this day—we call on one another occasionally—this morning was the first time I mentioned to anybody what I saw, with respect to being here—I have told it to my wife—I have not talked about it to Mr. Browning—he saw me there, and so did Mrs. Browning.

MR. RIBTON. Q. Has Mrs. Browning been out on bail? A. Yes—I knew she was to be tried here to-day—I came here in consequence—I saw the prisoner's solicitor, and told him I knew all about it—when I arrived at the room I found them all in a state of confusion—I did not see the

commencement of it—at the time I arrived there the parlour door was shut, and the street door likewise—when I got into the room I found the prisoner very much agitated—I saw her finger bleeding.

JURY. Q. Did she say that Mr. Watts had committed the act? A. she did—she showed me her finger—the drops of blood were in the passage—he had drawn her out of the room into the passage.

MR. RIBTON. Q. Have you seen anything of the other man, Lee, lately? A. I have seen him—I believe he has refused to come here—I heard him say he would not come and give evidence, unless he was paid first.

MR. ROBINSON. Q. When did you. hear Lee say that? A. No longer ago than last week, Thursday or Friday—it was in my shop, No. 7, Brown-street, Bryanston-square—he called on me—we call on one another in trade—no one else was present—it was about noon—I did not tell him that was very improper—I have not received 5s. to come here to-day—I have never received anything—I am not to receive anything—I require nothing.

JURY. Q. At what part of the thumb was the scratch? A. I should say, on the inside near the nail.

COURT. Q. Did you communicate to the attorney that Lee was not here? A. I did not, I have never told the attorney why he was not here, nor Mr. Browning—I have told no one but my wife what Lee said to me.

MARY SUTTON . I know Mrs. Browning—I was in her house on this day, when Mr. Watts came with three or four more men—he came into the room, and said, "I want my rent"—Mrs. Browning said, "I have not got your rent; I don't owe you any rent, it is your son I owe it to"—he said, "I will have my rent"—and he said, "I don't owe you any rent"—he said, "You are a thundering liar"—I was not there when the other men came in—they did come in and interfere, but what they said I could not say—they were by the passage door when Mr. Watts called Mrs. Browning "a thundering liar"—Mr. Watts came up with his two fists, and I will not say one did not touch her nose—it went close to her, he held it up to her face—he did not say anything while he was doing that—he took her by the two wrists, and dragged her out into the passage—he was very violent indeed—Mrs. Browning was not very much agitated, she was very much hurt, and when she came in again, she had her thumb all in a gore of blood; I saw that myself—I saw the blood all about the room, and in the passage—she has the mark of the scratch still—they called the policeman, but I went out before he came—I called the policeman out of the window—the street door was closed, and Mr. Watts would not let any one pass in to save her—the men were in the passage when I left—I saw Barry in the room, he came in before Mr. Watts dragged Mrs. Browning to the door—I said to Mr. Browning, "That man will kill your wife, go and fetch her;" and he went to drag her back, but he could not, Watts held her so tight—I was before the Magistrate.

Cross-examined. Q. Did you see Watts come in? A. I did—I had been there just long enough to have a letter read to me which my husband had sent me, I should say about ten minutes—I respect Mrs. Browning as a very comfortable respectable person—Mr. Watts was very violent—I was told to come here to-day by the attorney—I have seen Barry here to-day—I have not been talking to him, only just to ask him how he was—I know him—Watts began to use very violent language as soon as he came in, he dragged Mrs. Browning right out from the fire place to the passage—there was only me and Barry, and Mr. and Mrs. Browning in the room at the time—there were six or seven in the passage—I do not know Lee, I never

took any notice of any other man, my sight is very bad—I was sitting in the room—I saw Mr. Browning take hold of his wife by the shoulders, and pull her away from Mr. Watts—she struggled to get away from Watts, not from her husband—he pulled her away and put her in a chair, she was almost fainting—I saw a good drop of blood all about the passage, and in the room—I should say there were more than 100 drops, it kept dropping as fast as it could run—I was so agitated I was obliged to go home, and go to bed.

COURT. Q. Was it when she was dragged from the fire place into the passage that her thumb was hurt? A. Yes—Barry was there before that—I thought the poor woman would have been killed there and then.

HENRY WHITE (policeman, D 13). Mrs. Browning's little girl came to the station for a policeman—I went there, and found Mrs. Browning very much excited—she told me that Watts had been and struck her—I saw a graze on her thumb, and she had a rag round it, which had a little blood on it—I saw no drops of blood—I did not look—it appeared to be a bit of linen rag, and the blood had just come through it—in consequence of what she stated to me, I advised her to go to the Magistrate, and she did go.

(The defendant received a good character.)

GUILTY .— Confined Nine Months.

Reference Number: t18551022-900

900. GEORGE PRIDDLE , stealing 1 handkerchief value 3s.; the goods of John Lee, from his person: to which he

PLEADED GUILTY .* Aged 23.— Confined Six Months.

Reference Number: t18551022-901

901. DANIEL SHEEN , stealing 1 handkerchief, value 5s.; the goods of Henry Oliphant Downer, from his person, having been before convicted: to which he

PLEADED GUILTY . Aged 19.— Four Years' Penal Servitude.

Reference Number: t18551022-902

902. FRANCIS MONK , stealing 14s.; the money of Elias Hellen, having been before convicted: to which he

PLEADED GUILTY .** Aged 18.— Confined Twelve Months.

Reference Number: t18551022-903

903. THOMAS MALYON , stealing 2 printed books, value 1l.; the goods of William Comber Hooper Wood, and others, his masters.

MR. COOPER conducted the Prosecution.

CHARLES THOMAS GAYLOR (City policeman, 348). On 26th Sept., about half-past 8 o'clock in the morning, I saw the prisoner in New Bridge-street with this bundle (produced) under his arm—I asked him what he had got in it—he said, "Nothing but some dirty towels, which I am going to take home to be washed"—I said, "Are you sure you have nothing else?"—he said, "No, nothing else"—I told him to let me look—I untied the bundle, and in it found these two books (produced)—I asked him whose they were, and how he accounted for the possession of them—he said, "They belong to our firm"—I said, "Where do you work?"—he said, "Messrs. Whittaker's "—I took him to the station in Fleet-street—the clerk read the charge over to him and said, "What have you to say to that?"—he said, "I took them home to read."

JOHN OLIVER . I am in the employ of William Hood and Sons, trading under the name Whittaker and Co., in Ave Maria-lane—the prisoner was their porter—on the day before this we received twenty-five copies of "Harvey's Sporting Adventures"—they were copies similar to these.

Cross-examined by MR. BALLANTINE. Q. Do you ever take home books

to read? A. Sometimes, I am obliged to enter them if I do—I never tried whether they would punish me for not putting them down—yon can see what books I have taken away by the book which is in Court.

CHARLES MILLER . I am clerk to Whittaker and Co.—on the morning on which the prisoner was apprehended, I examined the stock of "Harvey's Sporting Adventures," and found twenty-three copies—one copy was missing and one had been sold—these are similar to what we had—the prisoner was in the employment—he had no right to take these books oat without giving a signature for them, or speaking to the clerk, who would have entered them, a book being kept for that purpose—this (produced) is it—here is no entry of them—there are four clerks—he never mentioned it to me.

Cross-examined. Q. Might he have taken them if they were put down? A. There might have been an objection, not suspecting that a porter would require them for his own reading—if he mentioned it to the master, he would be told to go and sign for them—there is a notice posted up that no servant is entitled to take books without signing for them, and on breaking those rules he is subject to instant dismissal—he has been nearly seven years in the employment.

JURY. Q. Is it allowed by the house to take two volumes at a time? A. If it is a set of books it is.

(The prisoner received a good character.)


Reference Number: t18551022-904

904. HENRY BRISTOW , burglariously breaking and entering the dwelling house of Thomas Shepard, and stealing therein 2 boots and 1 shoe, value 4s. 6d., his property.

THOMAS SHEPARD . I am a boot maker of Cambridge-road. On the morning of 10th Oct., about 2 o'clock, I was disturbed by a noise like something filling—I listened a little while, and then called to my lodgers to know if they were moving, but received no answer—in about ten minutes there was a violent knocking by a policeman—I got up, and the prisoner was in custody—I found my things disturbed, and missed a pair of boots and a shoe, which I had seen safe at half past 11 o'clock on the previous night—the shoes were half a yard from the fan light—a person could reach them by breaking the fan light.

JOHN MERRYMAN (policeman). On 10th Oct. I was on duty in the neighbourhood of the Cambridge-road, and saw the prisoner loitering outside Mr. Shepard's shop, about 2 o'clock—I watched, and saw him get on the sill of the window shutter, and reach his arm over the fan light—I then heard the breaking of glass—he went away for about two minutes, then got up again and reached his hand up—the goods were within reach of his arm—I went up to him and said, "I want you," and he threw the articles away and said, "It is only an old slipper I have just found, I do not want it"—another constable found the boots.

Prisoner. I picked it up. Witness. I am certain the prisoner is the person whose hand was in the fan light—I only lost sight of him for a few seconds—previous to the glass breaking, he came within two paces of me—I pointed out to Kennedy the place where I took him.

THOMAS KENNEDY (policeman). The place where the prisoner was taken was pointed out to me by Merry man—close to there there is a heap of stones, and one of these boots laid on one side of it and one on the other.

Prisoner. They were found 50 yards from where I was taken. Witness. It was quite on the spot pointed out to me.

Prisoner's Defence. I was never near the shop, nor yet on that side of the road before I was taken back.

GUILTY . Aged 27.— Confined Six Months.

Reference Number: t18551022-905

905. JOSEPH ISAACS , robbery of Hamilton Davies, and stealing from his person 1 watch, value It 10s., his property.

HAMILTON DAVIES . I am a retired commander in the Navy, and reside at No. 19, Upper Eaton-street—on Wednesday evening, I was coming out of the Broadway, Westminster, on my way home, and all of a Hidden some one seized me by the throat with both hands—they hustled me into a dark entry, and another one took my watch from my watch pocket, broke it away from my guard, and made off—they broke the swivel; I have got the guard now—I did not see any of the persons, they took me so suddenly—this glass (produced) belongs to my watch.

LOUISA SPILLER . 1 get my living by needle work, and live at No. 101, York-street, Westminster—I hare known the prisoner a long time by sight—on Wednesday evening, I was standing at my own door, which is next to court called Snow's-rents, and heard a scuffling noise, and as if some one was choking—I saw some figures in the court, but could not see what they were doing, but I saw the prisoner run out of the court past me with something in his hand, I could not tell what, but I heard glass fall as he ran, and picked up this watch glass (produced)—Mr. Davies then came out of the court and complained that bin watch was gone—I gave the glass to sergeant Loonies, and told him what I had seen.

EDMUND BUCKLEY (policeman). I took the prisoner on 21st Oct., at his mother's house—while he was dressing, his mother mentioned a watch—she said she knew nothing about it, and I asked him in the street if he was aware what I apprehended him for—he said, "Yes, for that watch; I am cot going to suffer for it, I shall tell all about it"—I cautioned him that whatever he said I should mention before the Magistrate—he said that three of them did it; that it was sold, and that he had none of the proceeds of it.

Prisoner's Defence. Gentlemen, could a boy like me take a gentleman in the way he describes, and take a watch out of his pocket?.

GUILTY .* Aged 16.— Confined Twelve Months.

NEW COURT.—Monday, October 22nd, 1855.


Before Mr. Common Serjeant and the Fifth Jury.

Reference Number: t18551022-906

906. THOMAS WOOLLENS , stealing 2 dresses, value 20s.; the goods. of Charles Walker; having been before convicted: to which he

PLEADED GUILTY .** Aged 65.— Confined Twelve Months.

Reference Number: t18551022-907

907. JOHN TINDALE ASTILL , embezzling 25l.; the moneys of Alexander Angus Croll, his master: to which he

PLEADED GUILTY. Aged 33.—Recommended to mercy.— Confined Four Months.

Reference Number: t18551022-908

908. WILLIAM HENRY CAMPBELL , unlawfully and maliciously stabbing George King, on the high seas.

MR. MEW conducted the Prosecution.

GEORGE KING . I am an excavator, and have been employed in tie Crimea. I arrived at Gravesend three weeks ago, on board the ship Wildfire—the prisoner was on board that ship—he came from Balaklava—my duty was to trim the lamps—on Friday, 28th Sept., about half past 9 o'clock in the evening, I was going to bed, and one of the men brought down the signal lamp, and said it would not burn—I looked at it, and took out the wick—I got a piece of fresh wick and put it in, and was going to light it—the prisoner said that I should not light it—I said I would—I was going to light it, and he blew it out—I took the lamp out of the case, and walked a pace or two from him, with my back towards him—he came behind me, and knocked both the lamps out of my hand—I had one lamp that was alight, and the lamp that was alight went out—I asked him what he had done that for—he never said anything—I said to one of the men, "Light the lamp, if you please, and I will see whether he is going to rule the place"—I told the prisoner I would hit him—when the lamp was lighted, I went up to him, and asked what he did that for—I struck at him, and he stabbed me in the neck with a knife—I hit him again, and he stabbed me again—I gave him five, six, or a dozen hits—I walked away, and Mr. Taylor, the captain's clerk, said, "What is the matter?"—I told him, and he told me to go to the surgery, and he would send the doctor—I had one wound in the back of the neck, and one on my arm—I was quite sober.

Cross-examined by MR. PARRY. Q. How long were you coming home from the Crimea? A. About ten weeks I expect—this was on 28th Sept—I had not heard that Sebastopol had fallen—some of the men had been drinking, because we had got into the Channel—the prisoner and I had always been good friends—I had no quarrel with him before—I do not know whether he knocked the lamps out of my hand for a lark—we sometimes play together in rather a rough manner—I staid at Malta—I did not go round with the hat with pugilists—I am no fighting man—the prisoner was intoxicated—I was sober—after he knocked the lights out, he said "Come, hit me; come, hit me," several times, and I did hit him—I said, "The ship might be run down for you"—they had just sounded, "A ship a-head"—I hit him on the nose, and I blacked his eyes—I do not know how many times I hit him—the other men did not hold him while I tit him—Martin did not hold him while I hit him—I might have been wow hurt—I told the captain that night that I would forgive the prisoner—he was put in irons by the captain—I was awoke up, and told that the primmer had thrown himself overboard—I do not wish to hurt him—I would give him a pot of beer directly if he was let go, and I would drink a part of it with him with all my heart.


Reference Number: t18551022-909

909. CHARLES EDWARDS and WILLIAM LOVEGROVE ; stealing 1 handkerchief, value 1s.; from the person of a man unknown.

SAMUEL COOMBES . I am a constable of the City. About 4 o'clock in the afternoon of 1st Oct. I was in Cornhill—I saw the two prisoners, I watched them for about thirty yards, to the corner of Bishopsgate-street—when there, I saw Edwards put his hand into a gentleman's pocket, and take out a handkerchief—he passed it to Love grove—they were together—I had seen them together before—Love grove put it into his pocket, and I seized him—he said, "I did not take the handkerchief, a boy put it into my hand."

CHARLES GREEN . I was in Cornhill that afternoon. I saw the two prisoner in company—I saw Edwards take a handkerchief out of a gentleman's pocket, and pass it to Love grove—I did not see any other boys there—I was examined before the Magistrate, and my deposition was read over to me.

Q. You here say you saw the two prisoners, and two or three others? A. That was in Queen-street—I am sorry to say I have not got a good memory I am subject to fate—the gentleman walked away—I do not know who he was.

Edwards's Defence, I had no reason to do it; I did not do it; I had a handkerchief in my pocket of my own.

EDWARDS— GUILTY .†Aged 16.— Confined Twelve Months.

LOVEGROVE— GUILTY .—Aged 17.— Confined Six Months.

Reference Number: t18551022-910

910. JOHN COLEMAN , feloniously assaulting Joseph Plumb, with intent to rob him.

JOSEPH PLUMB . I live at Hendon, and deal in coals. On 17th Sept I was in Edgware-road, going towards Hendon—I had been in London collecting clothes for washing—I was at Dolley's-hill as near 9 o'clock as possible, in the evening—I was in the cart, going gently up the hill—Mary Bingham was with me, and a little boy—two men came up to my horse, one from one side of the road, and the otter from the other—they caught hold of the horse's head—I called out, "What do you want?"and one of them let go the horse, and raised up a heavy bludgeon and struck at me—that was the one who is not here—the prisoner still held the hone—the one who struck at me said, "Deliver, deliver!"—I should say he said it ten times—when he said it the second time, I said, "I will deliver," and I began flogging him with my whip, which was the only protection I had—he went round the cart, striking at me with the bludgeon, and I at him with the whip—I should say he struck at me forty or fifty times, and he struck Mrs. Bingham once across the knees—after some time I missed both the men—I never saw them go—I did not lose anything—I went on to the Harp public house, and gave an alarm—a policeman afterwards brought the prisoner to me, and said would I give him in charge—I said I could not swear to him, but he was the same stature as the one at the head of the hone, and he said, "I am the man that held the hone"—I did not know it at that time, but I had seen him before repeatedly.

ALEXANDER M'DONALD (policeman, S 223). I was on duty about 10 minutes past 9 o'clock—I went to the spot, and saw the prisoner under a hedge—I asked him what he did there—he said, "I beg your pardon, I did not strike the man, I only held the horse, while the other man struck at Plumb"—the prisoner had this large stick with him, and he told me that he and the other man went into a field and made an agreement to commit a highway robbery, and share the money between them—he said that he never was in London before, and that he came from Ireland.

Prisoner. It is true what he says.

MARY BINGHAM . I was in the cart with the prosecutor. Two men stopped the horse—I saw the prisoner hold the horse, but I never saw him strike, nor heard him say a word—the other one said, "Deliver!"and he began to strike across the cart—he struck me once.

Prisoner's Defence. I was going to St. Albans, to make my way to liverpool; I met this man; he asked me to shake hands with him, and to do a highway robbery; I never saw the man before.

Witnesses for the Defence.

CAROLINE COLEMAN . The prisoner is my brother in law. He is an idiot and has been for years—he does not know what you say to him no more than a child—he left me, and took to roaming—he does not know what he does.

JAMES COLEMAN . The prisoner is my brother, I am ten years older than him—he is not of sound mind—he was born in Ireland, and he roams about the country—he is well known to persons on the road—two years ago he did not know the difference between a penny and a shilling—he was led into this by the other man.


Reference Number: t18551022-911

911. JOHN COLEMAN was again indicted for feloniously assaulting Mary Bingham, with intent to rob: on which no evidence was offered.


Reference Number: t18551022-912

912. JONATHAN BUSH COX , embezzling 17s.; also, 4l. 15s.: to which he

PLEADED GUILTY . Aged 35.— Confined Six Month.

Reference Number: t18551022-913

913. BALDWIN SPECHT , stealing 1 mantle and 1 shawl; the goods of Johanna Doscher.

(The prisoner being a German had the evidence interpreted to him.)

MR. PAYNE conducted the Prosecution.

JOHANNA DOSCHER (through an interpreter). I have lately come from Germany—I knew the prisoner while residing there, as my lover—he represented himself as a commercial traveller for a London house—I came to this country in Sept. to be married to the prisoner—I cannot tell the day—he had written to me while I was in Germany—when I arrived he fetched me from the steam boat—I went to the Adelaide Hotel, at London-bridge—the prisoner came to see me while I was there, as my sweetheart—I had a mantle, a shawl, and other property there—he came there on a Friday in Sept., I cannot tell the date, but it was the Friday week before I was examined—he came about 11 or 12 o'clock in the morning, he went in the room where the mantle and shawl were—I missed them while he was there, and spoke to him about it—he said they were stolen, and he would go and give notice of it—he said it was neglect of mine to leave the door open, and it was very dangerous to leave any door open in England—I had seen the things safe that morning—I never gave him the mantle or shawl, or authorised him to take them—we were to be married as soon as possible—I came over by his desire for the purpose of being married to him in this country—these (produced) are my shawl and mantle which I lost on that Friday—the prisoner never came to me after that Friday.

COURT. Q. Had you one or more rooms? A. One room; I was not in the room when he first came on that day.

LOUIS VALET . I am waiter at at the Adelaide Hotel. The prisoner came on 8th Sept. to engage a room for a lady whom he called his sister—the last witness came with him afterwards to the hotel—he came to see her every day while she stopped at the hotel—on Friday morning, 14th Sept., he came about 8 o'clock in the morning—the lady was in the ladies coffee room at breakfast—the prisoner came about half past 10 o'clock to me and said, that somebody had stolen from the lady's room a red shawl, and a green mantle, and if I could find the thief he would give 5l.—he did not come afterwards to the hotel.

Prisoner. Q. Can you say that at the time I spoke to you, I had anything about me? A. I did not see it—I saw you go upstairs, I cannot say

whether you went into the coffee room—I cannot tell whether the other waiter save you—you came to the bar and said you saw somebody leaving the lady's bedroom.

MR. PAYNE. Q. Did you see the prisoner go up stairs? A. Yes; to the lady's room—he knew her room very well.

COURT. Q. There is a coffee room for ladies, and they have their own rooms beside? A. Yes; the ladies' coffee room is on the first floor, and the bed-room on the second floor.

CORNELIUS BASSETT (City policeman, 593). I received information, and went on Tuesday, 18th Sept, to Tottenham Court-road—I saw the prisoner there—I told him I was a police officer, and charged him with stealing a gold bracelet, a gold chain, a mantle, a shawl, and two handkerchiefs from a lady, staying at an hotel near London Bridge—he said in English, "Oh! take me to the lady"—I said to him, "Do you perfectly understand all that I have said to you?"—he said, "Yes, yes, take me to the lady; I can make it all right; she is my sweetheart; I am going to marry her"—I took him to the station in a cab, and searched him—I found on him this address, "No. 78, Gloucester-terrace, Kentish-town"—he gave this address at the station house, and said he was a married man, and had two children—I went to the address, and found a female, who represented herself to be his wife, and two children—I searched the house, and in a room on the ground floor 1 found this shawl and mantle—this pocket handkerchief was brought to me by the servant—I showed this shawl and mantle to the prosecutrix, and she claimed them—when I was bringing the prisoner to the Mansion House the next day, he said, "Did the lady say she had lost a golden bracelet?"—I said, "Yes"—he said, "That was wrong, it was not gold."

Prisoner. Q. Can you undertake to swear that in the broken way in which I speak English, you could make out what I said? A. Yes, I could.

Prisoner. I did not speak one word to you; I spoke to the other man in German. Witness. You spoke to me in English—these things were found in a cupboard with other clothes.

Prisoner's Defence. She has committed perjury; in the first examination she stated that I fetched her from Bremen, and that she lived on her income; that her father has got a large house in Bremen; that he partly supports her; and she gets her other living by work; on the Monday after the Friday that the things were lost, I met a woman going to Hungerford market, and purchased the things of her; I did not know what they were; she offered them for sale; I gave her 16s. for them; the prosecutrix saw my wife and children at Bremen; I remained there eight days, and she said she wished me to go with her to America, and leave my wife and children behind; if it could, I wish it to be postponed, and I would write to Bremen, and get her character sent over; I cautioned her at the hotel, when she told me of the robbery, to close her door, as it was not in England as it was in Germany; it is dangerous; I was three times at the hotel; every time I went she was there, and when I went away she was also there; she has got a very bad character; about five years ago a schoolmaster drowned himself on behalf of her; I am very happy to think that though I may be found guilty, and have a punishment, that I have got quit of the lady, because she induced me to leave my wife and children; a lady who gets her living by needlework every gentleman must know cannot come into a Court in this dress that she is in; in satin and silk.

JOHANNA DOSCHER re-examined. I did not want the prisoner to leave his wife and children, and go to America with me—I did not know that he

had a wife and family when he offered to marry me—I have known this lady (looking at a lady in the Court) ever since I was a child.

Prisoner. On the second examination at the Mansion House she saw my wife and children, and confessed that she wanted me to leave them, and go with her. Witness. No, I did not.

GUILTY . Aged 28.— Confined Six Months.

OLD COURT.—Tuesday, October 23rd, 1855.


Before Russell Gurney, Esq., and the Second Jury.

Reference Number: t18551022-914

914. MARGARET LAWRENCE and ELIZABETH RILEY , stealing a purse, 3l. in money, and an order for the payment of 8l.; the property of Samuel M'Intyre, from his person.—2nd COUNT, receiving the same.

MR. PAYNE conducted the Prosecution.

SAMUEL M'INTYRE . I live at No. 4, Crescent-terrace, Millbank-street; Westminster, and am chief clerk at Millbank prison. On the night of 21st Sept I left my house at 6 o'clock—at that time I had a purse, containing three sovereigns and a half, and a cheque for 8l., drawn by Mr. flight—I examined it at 6 o'clock, and know that I had it safe then—I went to an upholsterer's in Rochester-row, which is about half a mile from my house, and went to Mr. Best's shop—at the next shop to Mr. Best's they were selling off, and I stood there a short time, less than ten minutes—there was a crowd there—I did not see anything of either of the prisoners, not to recognise them—there were some women in the crowd—I went into Mr. Best's shop, and purchased an article, and when I went to pay for it I found that my purse was gone—that was about a quarter to 7 o'clock—I went to Han keys', the bankers, and stopped the cheque, on the following morning—I did not remain there to see if it was presented—I had occasion to go to Mr. Flight's—I then returned to Messrs. Hankeys', and found Eiley there—she was pointed out to me as the person who had offered the cheque, and I gave her into custody—this (produced) is the cheque.

CHARLES MADDOX . I am a cashier at Messrs. Hankeys' bank. About 10 o'clock, on the morning of 22nd Sept, this cheque was presented by Riley—it had been stopped by Mr. M'Intyre, about half an hour previously—I asked Riley from whom she received it—she said, "From Mr. Flight—I asked her where she lived—she said, "Near the Vauxhall-bridge-road—I then told her that it had been lost, that the payment of it had been stopped, and she had improperly obtained it—she then said she had found it—we begin to pay at 9 o'clock—Mr. Flight had an account at our house—the cheque would have been paid if it had not been stopped.

BRIDGET NUGENT . I am a single woman, and live at No. 7, New Pye-street, Westminster. I have known Lawrence from six to seven years, and Riley from ten to twelve months—Riley lodges in the same house with me—on the Friday night before I went before the Magistrate, she went out, between 8 and 9 o'clock, to chapel—while she was out Lawrence came—I was not at home when she came—I met her at the top of the Victoria-road

near where I live—she asked me where Mrs. Riley was—I told her the had gone across the Park, to chapel—she said she wanted to see her very particularly—the prisoners were not often together, to my knowledge—Lawrence said she had picked something up—she showed it to me—it was a paper like this (the cheque)—I cannot read or write—she told me it was a cheque for 8l., and she wanted Mrs. Riley to go and get the money, as she was more respectable looking than herself—she came to the house where I lived, and Mrs. Riley was there—Mrs. Lawrence came out to the door with her, and told her about this paper—she asked me to light a candle, that she might see what it was—I lighted a candle, and she could not make out the name that was in the paper—she took it down on a piece of plain paper Lawrence said if Riley got the money for her she would give her 3l.—Riley said the would go, and she asked me to come in the morning to mind her children till she came back, and she would give me something for my trouble—I went next morning to mind the children—Riley and Lawrence went out together—they said they should be there at the opening of the door, to get the money before 10 o'clock—about 2 o'clock Lawrence came back alone, and said she thought Riley was taken up.

Cross-examined by MR. RIBTON. Q. Is Lawrence a countrywoman of yours? A. Yes—I do not know whether she can read or write—I saw her take a pen in her hand to take off the name on this cheque—I never saw her write before that—I could not tell her what the paper was—she did not tell me that she had asked anybody else before she came to me—she said she had picked it up—she said it wan an order or a cheque on the bank for 8l.—am sure of that—she said her husband had told her so.

Cross-examined by MR. GIFFARD. Q. Ton know Riley to be a hard working woman, do you not? A. Yes; she works for Messrs. Chapman, the array clothiers.

HENRIETTA FRANCES BUTTON . I am the wife of Frederick Sutton, am a schoolmistress, and live in St. Bride's-place, Vauxhall Bridge-road; I know Lawrence. On the Saturday morning before I went before the Magistrate, she came to my place with this paper, and asked me to read the name on it—I told her I did not know whether it was Flight or Light; I took it to be a tallyman's bill, and told her so, and that it was of no use—I had never seen a cheque before; she then left—I went to her place about half an hour afterwards—the prisoners came in while I was there—Lawrence asked Riley if she would take a walk with her as far as Charging-cross—she said, "Yes"—Lawrence told me that she found the cheque in the Vauxhall-road, between St. Bride's place and the George the Fourth, on Friday evening, between 6 and 7 o'clock—I did not see any other money in her possession; her husband is a mason, I believe—I heard her say that her husband kept her very short, and that she had pawned something that week.

JOHN HUDSON (policeman, B 80). From information I received, I went to the lodging of the prisoner Lawrence, No. 1, Brides-buildings, Vauxhall Bridge-road—I found her there—I told her that I was a police officer, and that I wanted her for being concerned with another woman, who was then in custody, for presenting a cheque for 8l. at the bank, which cheque had been either lost or stolen—she said she knew nothing whatever of it—I then asked her if she knew Mrs. Riley—she said at first she did not—I told her where she lived, but she denied all knowledge of her—I asked her whether she gave a cheque to Mrs. Riley—she denied ever having the cheque—I searched her place, and found a pair of boots nearly new, a bonnet apparently new, wrapped in paper, and three bags containing about two

stone each of flour, oatmeal, and rice—in a closet in the yard, I found abort 6 lbs. of candles, there were two clocks in the house, one appeared her?—she had on a pair of boots nearly new.

HENRIETTA FRANCES SUTTON re-examined. The bonnet belongs to her sister, and she borrows it when she goes out—there was not two stone each of flour, rice, and oatmeal, only one—there was a dozen pounds of candle—I had seen the oatmeal and other things in the house a fortnight before this transaction.


Reference Number: t18551022-915

915. WILLIAM WHITEHEAD and DAVID EVANS were indieted for unlawfully obtaining money by false pretences.

MR. PAYNE conducted the Prosecution.

THOMAS STONE (police-sergeant, T 17). I was on duty at New Brent-ford, on the evening of 26th Sept., a little after 9 o'clock—I received information, and went in search of a militia man—I found both the prisoners in company together at Old Brentford—I told Evans, the militia man, tint he was the man I wanted—I took them both into custody, and took then into a beer shop to search them—this bag was given to me by the witness Allen, it contained twenty-two pieces of money—I found on Whitehead, 11s. 5d. in copper, eight 4d. pieces, and a 3d. piece, all good; on Evans I found a good sixpence, a knife, and some small nails—I received from Maria Franklin one piece which I now produce—I have compared that piece with those in the bag, and it is exactly like them—they were all wrapped up in separate bits of paper.

PETER ALLEN . I live at Old Brentford. I saw Stone take the prisoners into custody, they were taken into my brother's beer shop—as they were going in I saw Whitehead throw a purse away—I picked it up, took it inside, and gave it to Stone—this produced is it.

MARY FRANKLIN . I am the wife of William Franklin, landlord of the Magpie and Stump, New Brentford. On 29th Sept., about a quarter to 9 o'clock in the evening, Evans came, and called for a screw of tobacco—I served him—it came to 1d.—he gave me what I supposed to be a sixpence—I gave him 5d. change, and kept it in my hand, not liking the look of it, till my husband came in, about ten minutes afterwards, and I told him I thought it was not good—he went out to try it, marked it, and gave it to a policeman in my presence.

Cross-examined. Q. Did you give him the 5d. after you thought it was bad? A. Yes, and kept it in my hand as I had doubts.

MARY COLEMAN . I am the wife of Martin Coleman, of the Royd Brewery Tap, Old Brentford. On 26th Sept, about 10 o'clock at night, the prisoners came in—Evans asked for half a pint of porter—it came to 1d.—he gave me this piece for a sixpence, and I gave him a 4d. piece and two halfpence—I kept what he gave me in my hand, showed it to Johnston, and afterwards gave it to Jacobs, the policeman—this is it—it is the same—he was standing just inside of the door.

JOSEPH JACOBS (policeman, T 178). I received this thing intended for a sixpence, from the last witness, and have kept it till to-day.

THOMAS PIPER I am a licensed victualler, of Old Brentford. On Wednesday evening, 26th Sept., about 9 o'clock, Evans came to my shop and asked for a glass of ale—he put down what I took to be sixpence, with the plain side upwards—I gave him 5d. change, and while I was looking at it, the boy came in, and said, "What have you got there?"—Evans said, "A glass of ale"—he drank out of the glass twice with him—I looked at

the coin again, and Evans kept bobbing his head to take my attention off, and he asked me what time it was—I said, "Nine o'clock," and they went away—I gave sixpence to sergeant Stone next morning.

THOMAS STONE re-examined. This coin corresponds with those in the bag. Evans's Defence. I was going to volunteer to go to the Crimea; I went to Turnham-green to see a friend in the Militia; the policeman said, "I want you for passing a bad sixpence;"I said, "You are mistaken;" there are plenty of militia men down there besides me.

WHITEHEAD— GUILTY . Aged 17.— Confined Three Months.

EVANS— GUILTY . Aged 20.— Confined Twelve Months.

Reference Number: t18551022-916

916. WILLIAM HENRY JACKSON , stealing 1 book, value 10s.; the goods of George William Petter; also, 1 composing stick, value 3s.; the goods of Henry Meacock: to which he

PLEADED GUILTY . Aged 28.— Confined Three Months.

Reference Number: t18551022-917

917. RICHARD FILKINS , stealing 5 lbs. weight of bacon, value 2s. 6d.; the goods of George Toogood.

MR. HORRY conducted the Prosecution.

EDWARD TOOGOOD . I am in the employ of George Toogood, of No. 46, I Fetter-lane. Last Saturday week, about half past 10 o'clock, I was in the shop—the prisoner came, and asked for six ounces of butter—I served him, and on his leaving the shop he took a piece of bacon from a board, and walked away with it—I followed, and gave him in charge, about two yards from the door—I am certain I had not sold it to him—it weighs 5 1/2 lbs., and is worth 2s. 9d.—this is it (produced).

Cross-examined by MR. CLARKSON. Q. Bid you know him? A. I had seen him in the shop two or three times "before.

WILLIAM VENESS (City policeman, 372). I took the prisoner, and produce the bacon.

Cross-examined. Q. Is he a married man with a family? A. Yes, I believe be has three or four grown up children—I have known him seven or eight years, and knew no harm of him till this occurred—he worked at Mr. Barraud's coal wharf, at Blackfriars, and I have seen him going in that direction for several years.

COURT. Q. What state was he in? A. He appeared to have been drinking a little, but was perfectly aware of what he was about—I found on him a new coat and a smock frock.

(The prisoner received a good character, and his master engaged to take him back).

GUILTY. Aged 42.—Strongly recommended to mercy by the Jury. Confined One Week.

(There was another indictment against the prisoner.)

NEW COURT.—Tuesday, October 23rd, 1855.


Before Mr. Common Serjeant and the Sixth Jury.

Reference Number: t18551022-918

918. WILLIAM JACKSON , unlawfully uttering counterfeit coin: to which he

PLEADED GUILTY . Aged 52.— Confined Six Months.

Reference Number: t18551022-919

919. CHARLOTTE RIPPINGALE was indicted for a like offence: to which she

PLEADED GUILTY . Aged 20.— Confined Six Months.

Reference Number: t18551022-920

920. MARY BARRETT was indicted for a like offence: to which she

PLEADED GUILTY . Aged 10.— Confined Twelve Months.

Reference Number: t18551022-921

921. GEORGE WOOD and HANNAH PAYNE , feloniously having in their custody a mould for making counterfeit coin.

MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.

JAMES BRANNAN (police-inspector). On 15th Sept. the two prisoner were brought to the station on a charge of attempting to enter a house—Payne had a basket with her, and in it was this key, which she said was the key of her room—the landlady was sent for, and she said the prisoner lodged in her house, in a second floor back room—I went with the landlady and an officer to that room—the door was locked, and I opened it by means of the key which I had found in the basket—I saw this piece of white metal on the mantel shelf—there were several pieces of white metal under the stove, as if they had been melted—I made further search, and in a recess I found this mould, and on searching further I found this tobacco pipe, which appeared to have been used to take out metal—I found this frame and this plaster of Paris, this saucepan, which has white metal in it now, and a file with white metal in its teeth.

HENRY CHAMBERS (police sergeant, G 41). I was at the station when the prisoners were brought in on another charge—I was there after they were placed in the cells—after they had been placed in separate cells, I heard Wood say to the female, "Hannah"—she answered him, and he said, "If they search your room, and some metal and things are found, say that some friend of ours called and left them there"—she said, "Yes."

Wood. Q. Was I placed in any cell before Mr. Brannan brought in the landlady? A. I did not see the landlady there.

JAMES BRANNAN re-examined. Wood was placed in the cell after the landlady was brought in.

Wood. You brought me in a piece of paper and a pencil, and asked if I was a mechanic. Witness. I know nothing of it.

WILLIAM WEBSTER . I am inspector of coin to the Royal Mint This mould has on it the obverse and reverse sides of a 3d. piece—it is made of plaster of Paris—this frame is used to make the mould—this is white metal of which counterfeit coin is made—this saucepan has been used for melting metal in.

Wood. That metal is only common solder. Witness. If it is so, it if capable of being used to make counterfeit coin.

Payne's Defence. I was not aware the things were in the room.

Wood's Defence. A man came there, and I gave him a lodging five or six nights at our house; I know nothing of the things; I went out at 6 o'clock that morning; the landlady, Mrs. Dyer, knows that.

MRS. DYER I am landlady of the room where the prisoners lodged—I know Wood went out early—I do not know the time he went—I saw a man come to them, and a female—I do not know that they ever lodged there—the prisoners lived there about seven weeks.

WOOD— GUILTY .* Aged 51.— Four Years Penal Servitude.

PAYNE— GUILTY . Aged 29.— Confined Twelve Months.

Reference Number: t18551022-922

922. THOMAS MELLETT , unlawfully uttering counterfeit coin.

MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.

CAROLINE EDWARDS . My father keeps the Alma coffee house, in the Cartain-road. On 11th Sept. the prisoner came, between 7 and 8 o'clock—he asked for some refreshments, which came to 3 1/2 d.—he gave me a sixpence, I gave him change, and he went away—when he was gone I discovered that the sixpence was bad—I marked it, and put it by itself—next morning the prisoner came again, between 9 and 10 o'clock—he had some refreshment, which came to 2 1/2 d.—he paid me a sixpence—I examined it, and found it was bad—I told him he had given me a bad sixpence—he said, "Nonsense, 1 have just taken it"—I told him, then he was in the habit of taking bad money, for it was not the first, second, or third he had given me—I kept the sixpence, got a policeman, and gave the prisoner in charge—I gave the first and the second sixpence to the policeman.

Cross-examined by MR. ROBINSON. Q. When he gave you the first sixpence, what did you do with it? A. Placed it in a small box by itself—I am sure it was bad—I marked it—it is here to-day—when he came the next morning he asked for some breakfast—I did not tell him then that he had passed a bad sixpence before—I sent out for a policeman, and got one directly—I kept the sixpence in my hand, and gave it to the policeman—I told the prisoner I would send for a policeman, and he said he would pay me for what bad money he had passed, if I would not give him in custody.

JOHN THOMPSON (policeman, G 243). I was sent for to the house on 12th Sept.—I took the prisoner into custody, and received these two sixpences from Miss Edwards—the prisoner was sitting just inside the door on a settle, and I picked up a paper containing six sixpences wrapped up separately—I have the sixpences, but not the paper—I asked the prisoner if he knew anything about it—he said,. "Yes, I threw it there"—I found on him a good sixpence and 5 1/2 d. in coppers.

Cross-examined. Q. How far from where the prisoner was sitting did you find this paper? A. About a foot and a half—I think there was only Miss Edwards there—when I was fetched I was walking up and down the Curtain-road—I might be 300 yards from the house when I was fetched—a little boy fetched me.

WILLIAM WEBSTER . These two sixpences that were uttered are bad—these other sixpences are all bad, and three of them are from the same mould as one of those that were uttered.

Cross-examined. Q. What makes you say they are from the samemould? A. There are certain little marks about them by which I know it.

(The prisoner received a good character.)


Aged 23.— Confined Twelve Months.

Reference Number: t18551022-923

923. SARAH SMITH was indicted for a like offence.

MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.

WILLIAM SIMEON PATRICK . I keep a cheesemonger's shop, in Bath-street, City-road. On 21st Sept. the prisoner came, between 6 and 7 o'clock in the evening—she bought a piece of baeon—she tendered me a bad shilling—I told her it was bad, and she made a smaller purchase, and gave me a good sixpence—I kept the shilling, and when she left I followed her to Old-street, to Mr. Si gmund's—I saw her go into his shop and purchase a bun, for which she tendered a shilling, and the lady gave her change—I followed her after that, and found a policeman, and gave her in charge—I saw her throw something away which the policeman took up, and it was two

shillings—I went into Mr. Sigmund's shop, and got one shilling—I gare that, and the shilling which the prisoner gave me, to the policeman.

SARAH SIGMUND . My husband keeps a baker's shop, in Old-street-road The prisoner came there for two buns—she gave me a shilling—I did not notice that it was bad, I put into the till, and gave her change—there was no other shilling in the till, I am quite sure—the last witness came in immediately afterwards, and in consequence of what he said I looked in the till—I found in it one bad shilling and two half-crowns—no one else had been in the shop—I had not left the place—I gave the shilling to Mr. Patrick.

EDMUND FLACK (police sergeant, G 34). I took the prisoner into custody on 21st Sept.—I took her to the station—I found a good sixpence on her and 10 1/2 d. in coppers—the moment I took her she dropped two counterfeit shillings—I picked them up—these are them, and these are the two that had been passed.

WILLIAM WEBSTER . These are all bad, and the two that were found an from the same mould as one of the first two that were uttered.

Prisoner's Defence. Have mercy on my four children; I picked tie money up; I did not know it was bad.

GUILTY. Aged 28.—Recommended to mercy by the Jury on account of her children. Confined Eight Month.

Reference Number: t18551022-924

924. WILLIAM KING was indicted for a like offence.

MR. BODKIN offered no evidence.


Reference Number: t18551022-925

925. JAMES SMITH and WILLIAM REGAN were indicted for a like offence.

MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.

JOHN HOWLETT . I am a barman, at the Half Moon, in the Holloway-road. road. I was there on 12th Oct., the prisoner Smith came in about a quarter before 6 o'clock in the evening—he had half a pint of porter, and gave me a bad shilling—I put it to my teeth, and went round the counter and told him it was bad—he said he did not believe it was, and he was very saucy—I kept the shilling—he paid for the beer with a good shilling—I afterwards gave the bad shilling to the policeman.

JAMES LOVE . I keep the Plough, in Hornsey-road. On 12th Oct, about a quarter before 7 o'clock, Smith came for half a pint of beer, and paid me a shilling—I examined it—it was bad—I said so, and I gave it him again after biting it—he paid with good money and left—a militia man said something to me, and I sent for a constable—another militia man went and brought the prisoner Smith back—I asked him to produce the shilling, and he put his hand in his pocket and pulled out the shilling, one or two sixpences, and some halfpence—I identified the shilling, which I knew by the bite.

Smith. When I gave you the shilling you kept it a good bit in your hand, and you gave it me; I said I would not believe it was bad; you came out and pushed me down; I said I would stop there till the policeman came; I knew nothing about it till the militia man came and took me by the arm and brought me back. Witness. He abused me very much, and 1 turned him out of doors.

HENRY WATTS . I am in the militia, and am billetted at the Half Moon. I was there on 12th Oct—I saw the prisoner Smith come there, and the barman came from behind the counter, and said he had given him a bad shilling—Smith pulled out a good shilling and paid for the half pint of beer

—the barman pat the bad shilling on the side board—Smith went out of I the house, and went over to the Peacock public house—he went through the house and out again, and the prisoner Regan joined him—they stood talking to one another, and then went up the lane till they came to a baker's shop—Regan went in there—Smith staid there about five minutes, and then he went into the Plough—Regan went in the baker's shop and threw down a bad half crown—the little girl took it up—I went in and told the baker he ought to give him in charge—Regan came out from there, and Smith was over at the Plough abusing Mr. Love—Regan stopped at the corner after he came out of the baker's shop—I went into the Plough and spoke to Mr. Love.

Smith. Q. You saw me stand opposite the baker's? A. Yes, and you ran away, and I sent my two comrades after you—I took Regan.

Regan. Q. I was not in company with this man? A. Yes, I saw you in company with him, going up the lane against the Plough, and you stood at the corner a quarter of an hour talking to each other.

COURT. Q. You saw Regan pass half a crown in the baker's shop? A. Yes.

JAMES JAMES . I am a baker, and live in Hornsey-road The prisoner Regan came into my house, and asked my daughter for a half quartern loaf—he gave my daughter a half crown, she brought it to me—I said it was bad—Regan said he was very sorry—I gave it back again after holding it to the gas—this is it—Regan afterwards gave it me back, and I marked it.

JAKE JAMES . I am a daughter of the last witness. I remember Regan coming into the shop, he asked for a half quartern loaf—it came to 5 1/2 d.; he gave me a half crown—I gave it to my father—he came in the shop and spoke to Regan about it, and it was given back to him.

JAMES EARLE (policeman, S 110). I was sent for to Mr. Love's on 12th Sept—the two prisoners were there, I took them both into custody—I found one bad shilling on Smith, and a bad half crown on Regan.

Smith. Q. How could you find that on me? A. You had it in your hand—you said if I searched you you had no more.

Regan. Q. Did you find the half crown on me?—had I not put it on the bar before you came in? A. No, I found it on you.

WILLIAM WEBSTER . These are all bad.

Smith's Defence. I met another labouring man with whom I hadbeen at work; I invited him to have something to drink; I changed a half sovereign, and having got the worse for liquor, I did not understand that I had taken the counterfeit money with which I am charged.

SMITH— GUILTY . Aged 26.

REGAN— QUILTY . Aged 44.

Confined Eight Months.

Reference Number: t18551022-926

926. ANN DIXON was indicted for a like offence.

MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.

ENNA SPRATT . I am barmaid at the Three Butts, in the Old Jewry. On the night of 29th Sept the prisoner came, between 8 and 9 o'clock, and a man with her—she asked for a pint of ale—I served her, and the man paid for it—the prisoner then asked for a quartern of spruce, and she paid me a sixpence—it was bad—I broke it, and gave it her back—the man then gave a good half crown to pay for the spruce, and I gave him change—the barmar came in after that, and the prisoner asked him for half a quartern of rum—she threw down a sixpence, which fell over the counter, and I

picked it up, and found it was bad—I gave it to the barman—while I was looking for that sixpence, the man who was with the prisoner left, and said he would be back in a few minutes—I told the prisoner the sixpence was bad—I believe she did not make any reply—I sent for the policeman—when the prisoner was served with the spruce she was standing at the corner of the counter, and when I told her the sixpence was bad, was removed about two yards, and sat on a cask—she was sitting down what the policeman came in.

WILLIAM HALE . I am barman at this house. I was there on the evening when this took place—I saw the prisoner—when she saw me six asked for half a quartern of rum—she threw a sixpence over the counter the barmaid looked for it, and bent it, and said it was bad—the policeman was sent for, and the prisoner was given into custody—we all came to the station—after my return, I went round the counter, and picked up two pieces of a broken sixpence—the barmaid gave me the other sixpence that she had picked up—the next morning the porter was sweeping up the shop, and we removed the casks, and found a little black bag, containing two shillings and seven sixpences, all wrapped in separate papers.

HENRY SMITH . I am porter at the Three Butts, in the Old Jewry. I was cleaning out the bar on Sunday morning, 13th Sept.—I moved the cask, and discovered a small black bag—the barman was there—I looked into the bag, and it contained two shillings and seven sixpences, which I gave to the barman, and he gave them to the officer.

THOMAS MIDDLETON (City policeman, 452). I took the prisoner into castody—I took her to the station—this sixpence, and these broken parts of a sixpence, I got from Mr. Hale, and on the Monday morning I received this bag from him—it contains two shillings and seven sixpences, wrapped is separate papers.

WILLIAM WEBSTER . This sixpence, and these parts of a sixpence, are bad, and from one mould—these two shillings are bad, and from one mould—these seven sixpences are bad, and from the same mould as the other two sixpences.

GUILTY . Aged 30.— Confined Eight Months.

Reference Number: t18551022-927

927. JEREMIAH SULLIVAN and GEORGE HANDS were indicted for a like offence.

MESSRS. POLAND and TALFOURD SALTER conducted the Prosecution.

HENRY JACKSON (police-sergeant, H 11). On Thursday, 6th Sept, between 12 and 1 o'clock in the day, I was passing the end of Vine-court, Spitalnelds—I saw Sullivan standing, with his back towards the street, looking at something in his hand, and I saw a shilling in his hand—I went up to him, and when he saw me he closed his hand, and shut it—I caught I hold of his hand, and wrenched the shilling out of his hand—Hands was by but he ran away directly—I told my brother officer to follow him—I still struggled with Sullivan—he struck me several times in the face and about the body, and he threw away a paper, which was picked up, and given to me—I had not lost sight of Sullivan—these ten shillings were given into my possession—I saw them thrown down, and picked up, and given to me—this is the other shilling that I took from Sullivan—King brought brought back Hands to the White Hart public house, which is at the corner of Vine-court—King said, in Hand's presence, that he saw him put something in a paper under a cellar door, pointing to the place—I got the key, opened the door, and went in—I found two shillings in a piece of paper, and three shillings under the stairs—these are them—here are two shillings; three

shillings, and ten shillings, and one shilling—when I saw the prisoners together in the first instance they were close to each other.

Sullivan. Q. Who picked up these things that you say I threw away? A. A stranger, and gave them to me—I did not say to him, "What is that? what is that?"—I said, "Give them to me"—after I got the ten shillings, you said, "I will be quiet now"—I did not say I could smash a dozen like you—I said I would smash you if you did not be quiet.

Sullivan. The one shilling I know I had; I saw it on the ground, and picked it up; I was just in the act of looking at it, when he seized me by the hand, and seized my throat; I never saw the others before nor since.

Cross-examined by MR. PAYNE. Q. This is a narrow passage, is it not? A. It is—I was passing in Vine-street, close to the public house—King was behind me—I saw Hands's back—he was scarcely in the court—the court leads into Grey Eagle-street—there is both a back and a front entrance to the public house—Hands used that house—I do not know whether he lived waiter there—I do not know whether the landlord is here—I took Sullivan into the White Hart—we all went in together—it was not twenty minutes before anything was said about the cellar door and the paper by King—it was as King was passing the back way—as we were passing in, he said, "This is where I saw Hands put something in a paper"—we took the prisoners into the taproom—it was not a quarter of an hour before King mentioned anything about the cellar door—it was while he was passing the doer—it was about a minute and a half or two minutes at the most before I went and searched the cellar—there is a considerable hole at the cellar door—I did not ask King if he found anything on Hands—he said he found nothing on him, but he saw him put something under the cellar door, in paper—a great many persons go into that house in the course of a day.

MR. SALTER. Q. Had you known Hands before? A. Yes, I had—King mentioned to me that be had seen Hands place something in a paper under the door—Hands made no reply to that to my knowledge.

WILLIAM KING (police-sergeant, H 22). On Thursday, 6th Sept., I was with the last witness—I saw the two prisoners in Vine-court—I saw Jackson take something from Sullivan, and when he did that, Hands ran away into the public house—I followed him, and saw him put something in a paper under the cellar door—he stooped down as he was running, and put it there—that cellar door is in the passage at the back of the bar—it is at the back door going out of the house—I did not see what it was he put there; I only saw paper—Hands left the public house—he went out at the hack door, and ran about 100 yards—I brought him back to the public house, and found Jackson having Sullivan in his custody at the back door—when I took Hands into the public house, I told Jackson that I saw Hands put something under the cellar door—Hands did not say anything.

Cross-examined. Q. How near were you to Hands when he put something under the door? A. Within two yards—I ran 100 yards afterwards—I overtook him in Grey Eagle-street—I was in the tap room—I had Hands and Sullivan both in my custody in the tap room, while Jackson went to look at the cellar—it was not twenty minutes before I said anything about the cellar, not three minutes—when I told Jackson that, the two prisoners were present.

WILLIAM WEBSTER . This one shilling is a bad one—these other ten are bad, and from the same mould as the one that was taken out of Sullivan's hands—these three and two that were found in the cellar are

bad, and two of them are from the same mould as the others—the other three are bad, and from one mould.

Sullivan's Defence. This person who picked up the coins is not forth coming, because this officer should have all his own way; it is my opinion that he is kept out of the way on purpose; we were twenty minutes in the house, while Mr. Jackson was running about with a candle in his hand; Jackson said it was a stranger brought him the paper, and he said to him, "What is this?"and he said "Shillings;" he never asked the man any. thing about it, but hurried him to go away; how do I know but he was a accomplice? I own to the one thing that I picked up at the corner of the court; I had it in my hand, and this prisoner, Hands, wanted to pass; I stood up for him to pass, and Jackson seized me; he said that I struggled, and there were twenty or thirty persons in the court; could he struggle with me in this close passage, and not lose sight of these things that he said I threw? when they were brought to him he put them in his pocket; there was no struggle; I only said, "Mr. Jackson, that will do, I don't want to be killed by you;" he searched me, and found nothing but 9 3/4 d. and a bit of tobacco.


HANDS— GUILTY . Aged 41.

Confined Twelve Months.

Reference Number: t18551022-928

928. ALEXANDER JOHNSON , stealing on 21st March 5 yards of cloth, value 1l. 2s.; on 21st July, 2 yards of cloth, value 11s.; on 18th Aug., 2 yards of cloth, value 11s.; on 18th Sept., 2 yards of cloth, vata 11s.; on 22nd Sept., 2 yards of cloth, value 11s., the goods of William Thomas Bedford and another, his masters: to which he

PLEADED GUILTY . Aged 19.— Confined Twelve Months.

Reference Number: t18551022-929

929. ELLEN TEDUM , stealing 1 counterpane and other articles, value 15s., the goods of Frederick John Smith: to which she

PLEADED GUILTY . Aged 37.— Confined Six Months.

OLD COURT.—Wednesday, October 24th, 1855.


Before Mr. Baron Alderson and the Third Jury.

Reference Number: t18551022-930

930. ISABELLA MARY JOLLEY was indicted for the wilful murder of Isabella Jolley.

MESSRS. BODKIN and CLERK conducted the Prosecution.

SARAH MOSSOP . I was in the service of the deceased for four months at No. 33, Hill-street, Knightsbridge—her name was Isabella Mary Jolley she occupied the house and let lodgings—the prisoner is her daughter, and lived with her—they lived down stairs—there were no lodgers in the house at the time this happened—the deceased usually slept in the front attic, but at the time in question, there being no lodgers, she slept in the second floor front—the prisoner slept in the same bed with her mother—I slept in the top room, over their room—there were no other persons living in the house on 15th Aug. but Mrs. Jolley, the prisoner, and myself—on that night I

put the old lady to bed at 10 o'clock—I had always got her to bed since I been there, she was infirm—she told me that she was getting on for 90 years of age—the prisoner was not in the house at the time I put her mother to bed that night—after putting her to bed I went into the kitchen—while I was there the prisoner came in, about 11 o'clock, she let herself in—she was cross with me because she said I had the gas up too high—she went up stairs to her mother's room, and I went to bed—in the course of the night the prisoner came into my room—I do not know the time, but about three-quarters of an hour after she left the room it struck 4 o'clock—I could see her through the break of the day—she came in and asked me if I was asleep—I said no, I was not—she then gave me some directions about breakfast in the morning—she told me that I was not to get up before 7 o'clock, for there was no necessity, as we had no lodgers—she was dressed in her morning wrapper, such as she had on every morning—she sat on my bedside talking—she said I was to make the breakfast, and bring it up stairs—she did not say to what room—I thought this was a very queer thing at 3 o'clock in the morning—she had no light with her—she asked me if I was going after my place to-day, and I said, "Yes"—I had told her before that I was going about another place—she said, "Very well, then will be nothing to hinder you, for my mother is going to my brother's, and I am going to the salt water for the benefit of my health"—at 7 o'clock I got up and prepared breakfast in the kitchen—the prisoner went out before I took the breakfast up stairs—she went out soon after 7 o'clock, I was sweeping the door at the time—she said she would not be long, and I was to have the kettle boiling—at 8 o'clock I took the breakfast up stairs—I took it to the door of the second floor front room, but could not get in, the door was locked—I had never found it locked before—as I was trying the door the prisoner came up stairs, and she said, "You can't go in there, for pussy goes in to my mother"—she told me to take the breakfast into the next room, the second floor back—the cat usually went into the old lady's room of a morning—she never complained of that, she was very fond of the cat—I left the breakfast in the back room—there were breakfast things for the mother and daughter—I went down stairs, and in about half an hour went up again to fetch away the things from the room where I had left them—both the cups were dirty, and appeared to have been used—there were the dregs of coffee in the bottom of both—I washed both the cups and saucers—about half an hour afterwards the prisoner went out again, she was away about half an hour—when she came in I asked her if she would have the washing done to-day; she said no, there was not sufficient for washing, and I then washed some things for myself—some time after, Mrs. Johnson called, she is Mr. Jolley's wife's sister—I think it was about half Past 8 or a quarter to 9, but I do not exactly know the time—she went up! stairs to the prisoner, and stopped up stairs with her—I did not hear what passed I went down into the kitchen—about 12 o'clock the policeman and Mr. Crapp came—I did not know till then that Mrs. Jolley was dead, the policeman was the first that told me of it—I then said to the prisoner, "It was very wrong of you not to name to me about my mistress being dead;" she said, "Oh, Fanny, don't speak"—when I put the old lady to bed the night before, she seemed in her usual health, and just the same as she always did—she spoke to me as usual, she was in her usual state of mind, as cheerful as usual—a week before this, I recollect a boy bringing a razor to the house—I do not remember what day it was—I answered the door, and the boy said it was for a Mr. Johnson—I said, "There is no Mr. Johnson

here"—the prisoner went out to the boy, and said it was all right took the razor from him, and gave him 6d.—I never saw that razor afterward till I saw it at the police court—it was wrapped up in paper when the boy brought it—I saw the paper, and the boy said that it was a razor that has had brought for Mr. Johnson.

Cross-examined by BALLANTINE. Q. Used the deceased to walk about? A. Yes; she was able to walk alone—she had a rope to help herself up the kitchen stairs, she used to walk up without assistance—her daughter was kind to her—sometimes they had words, but I could not say that she was a bad daughter to her, she was not unkind to her—she did all that was necessary for her—she walked infirm, she could walk upstairs, but she tottered about—I used to talk to her—she always appeared in the same spirits, they were neither high nor low—she did not talk of being afraid of being poor—she sometimes said to me that if her cook could see her in the state she was now she would not know her, she had got so reduced in circumstances—she did not appear to be grieved about it—the prisoner used not to come into my room every night, three weeks before this happened she did it was a night or two after the razor came that she first came into my room, since her mother slept in my room—I was not asleep, but I believe she thought I was, because she held the candle close to my eyes, pulled the bed clothes off me, and covered me up again; she then went to my frock and saw what money I had in it, and counted it, and put it in my pocket again—she was in the room some time walking about, and she then went down stairs—the next night I fastened my door—some time in the night 1 heard a noise at my door—I asked who it was, and the prisoner said, "It is me, open the door"—I opened the door, and she said, "What do you have your door fastened for? you never had it fastened before"—I said, "No, but I like it fastened"—she said, "I never allow my servants to fasten their door, for where my servants are there I like to be also"—I have not mentioned this before, I was never asked about it—this happened about three weeks before the murder took place—I had gone to bed after 11 o'clock, and I had not been asleep; it was about 12 o'clock, or perhaps later—I do not know what time it was when she came the next night—I had been asleep, and it was her knocking at the door that awoke me—nothing was taken from my room.

MR. BODKIN. Q. Was she dressed or not on that occasion? A. My eyes were shut.

COURT. Q. But you say you saw her count your money? A. I heard her have it in her hand and put it into my pocket again, it was close to my bed—I am now living next door, No. 34, Hill-street.

MARY CRAPP . My husband is a carpenter and builder, at No. 17, Hill-street, a few doors from where the deceased lived On the morning of 16th Aug. I was passing the house, and the prisoner rapped at the parlour window—I went to the door and she opened it and let me in—I had knows her about eighteen months—she put her hand to her head in an agitated state, and said, "I am mad;" or, "I am almost mad"—I followed here into the parlour, and she looked at me, and said, "Oh, my poor mother!"—I said, "What is the matter?"—she said, "My mother is dead"—I said was she ill—she said, "No"—she then said that her mother got out of bed to do something, that she spoke to her, and her mother said, "Don't mind, dear;" or, "Don't care," and then her mother put her hand to her breast, and said, "I am wet," that she then said, "I am dying," and laid back on the bed—the prisoner said, "I took a chair and put her legs upon it"—

she said something about her mother taking the razor, and cutting her I throat, but I cannot recollect what it was, it gave me such a turn—the prisoner said that her mother took a razor, and about cutting her throat—I said, "Did she do it herself?"and she said, "Yes"—I asked her why she I did not send for the doctor—she said she owed the doctor a little bill, and she supposed he would not come—she said that she had tried to cut her own throat but she could not for the life of her, and she did not tell the servant because she was a Roman Catholic—I told the prisoner I would fetch her brother—she said she expected her brother there—I went and told my husband.

Cross-examined. Q. Had you opportunities of seeing the prisoner's conduct to her mother? A. I have heard her speak kindly of her mother, and I always considered her a very dutiful daughter—I had not spoken to the mother except previous to her coming to Hill-street, when I went for the reference—the prisoner appeared to be in an agitated state when she told me about this.

COURT. Q. Do you know whether she was anxious about money matters? A. I considered that they were poor, because the rent was not paid, and they could not let their apartments—I consider the old lady was able to understand, but I knew very little of her.

PETER CRAPP . I am the husband of the last witness. On the morning of 16th Aug., I received information from my wife, and informed the constable M'Cloud, and Mr. Huggard—I went with the constable to the prisoner's house—she opened the door to me—I went in leaving the constable outside—I asked her what was the matter—she said her mother was dead, and had cut her throat; upon that the policeman and Mr. Huggard came in—the prisoner said that Mr. Crapp,. or Mrs. Crapp, should not have told the policeman—we then went up to the second floor front room, the prisoner led the way—I saw the body of the deceased lying across the bed, I think there was something over her face—I did not see the face, the feet were off the bed supported by a chair—I did not observe what clothes she had on—whatever it was, it was saturated with blood—the prisoner went and sat at the foot of the bed—she said she had tried to cut her own throat, but the razor was not sharp enough—she put her hand to her throat, and I looked and saw several scratches on her throat—they did not appear to have been done with a sharp instrument, they might have been done with the nails—I asked her where the razor was—she said in the drawer of the table—the policeman went to that drawer, and I saw him take the razor from it.

DANIEL M'CLOUD (policeman, D 18). I was called by Mr. Crapp on the morning of 16th August—I went with him to this house in Hill-street—Crapp went in first, and Mr. Huggard and I afterwards—I found the prisoner standing in the passage—she said, "Oh, Mr. Crapp, you should not have told the policeman"—we then went up stairs—I saw the body of the deceased lying across the bed, with her feet upon a chair—she had a cut in her throat from three to four inches long—there was a good deal of blood on the bed—I asked the prisoner what it was done with; she said it was done with a razor—the blood was on the left side of the deceased, about the middle of the bed—there was a little by the side of the pillow—the pillow was lying down against the deceased's left side—there were two pillows to the bed; one was lying where the prisoner had slept, and the other was removed from its proper place, and was lying close to the deceased, on her left side—there was a deal of blood on that and under it—there was no blood under the proper place where it had been removed

from—it was about eighteen inches from its proper place—the body remained in the same position as I found it until the surgeon came; it was not moved, nor the pillow either—I found a razor in the table drawer—I asked the prisoner when it happened—she said it was about grey light in the morning—she said that her mother had got out of bed to make water that she said, "Mother, dear, come into bed;" and her mother said, "I am so wet"—she said she got out of bed, and put up her hand and felt her mother, and found it was blood; that she laid her mother back on the bed, and put her feet upon a chair, and she died immediately—she said that she then laid down on the bed again, and afterwards tried to cut her own throat, and the razor would not act—she said that she afterwards took it out to Mr. Lorbey, a cutler, and had it sharpened, and it was no better—she said that her mother had made use of the razor—the razor was perfectly clean when I took it from the drawer—it was then she told me she had had it sharpened—she said her mother had cut her throat with the razor, and she had afterwards tried to cut her throat with the sane razor, and she told me it was in the drawer—when she said it would not act, she added she wished it had, it would have saved a deal of trouble—I asked her the reason she had taken it out to be set, and she said she had been using it to cut her corns, and that there were gentlemen lodging there occasionally who wanted a sharp razor to shave with—I remained there till the doctors came—I afterwards found a petticoat under the bed—it had a deal of blood about it—I also found a night dress, bloody, on the table in the room, with two or three other night dresses on the top of it—the prisoner said it was hers—she was close to the table at the time, and, I believe, pointed it out—I said to her "Why did not you call your servant at the time, and send for a medical man?"—she said she did not like to tell her servant of it, for she was a Roman Catholic, and she did not like her—she was asked where her chemise was that she had worn that night, and she immediately gave it up to the inspector—there was a great deal of blood upon it—I produce the razor.

Cross-examined. Q. I suppose you were a little agitated, were you not? A. Not at all—I have seen a great many cases of persons with their throats out—I have been seventeen years in the police—the prisoner said she put her mother's legs on the chair, because she did not like to see them hanging down—that was after her death.

JURY. Q. Was there any blood on the floor? A. A very little.

JOSEPH HUGGARD . I accompanied the policeman to the house on the morning in question—I do not live in the neighbourhood, but I happened to be there; I am there daily—I saw the body of the deceased lying on the bed—the prisoner said that her mother got out of bed in the morning to make water, and that not getting into bed again she put her hand out, and found that she was wet, and asked her mother to come into bed; that her mother said, "I am so wet," and that presently she found it was blood—I said to her, "How came you not to discover that it was blood at first?—she said it was hardly light—first of all she had said it was at 6 o'clock, and I said, "Why at 6 o'clock you could have seen it was blood"—she said, "No, it was not light, it was only grey light"—there was no charge made against her at this time—I did not see any extraordinary agitation about her—she answered all the questions in a particularly collected manner—her dress was in a disordered state, and she looked oddly, on that account chiefly I consider—she said she owed the doctor some money, and therefore she did not like to send for him—I asked her if she went to bed again;

she said yes, she did, and many other questions, but the conversation was general—there was very little blood on the floor—that was apparently at where the feet might have been—there was a stream of blood down the legs—I did judge it was from that stream that the blood proceeded, but when I saw the body the feet were on the chair, consequently I could not undertake to say so—it could not have run after the feet were on the chair.

Cross-examined. Q. Did you go there with Mrs. Crapp? A. No, with Mr. Crapp—I was in Trevor-square, and Mrs. Crapp came and told me where the murder was.

COURT. Q. Bid you notice which side of the throat was cut? A. The left; the cut began on the left side.

GEORGE LESLIE ROGERS . I am assistant to Mr. Woods, a surgeon, in Brompton. On 16th Aug., I went to No. 33, Hill-street, about 1 o'clock in the day—I went up to the second floor room, and saw the body of the deceased lying across the bed, and the feet resting on a chair—one of the pillows was lying against the side of her body—I think the other was in its proper place—there was a pocket handkerchief over the face, and a shawl over the body—I removed the handkerchief, and saw a large wound at the side-of the throat—I should think it must have been upwards of four inches in length—it commenced just under the ear, and terminated just under the wind pipe—it had not severed the carotid artery, only the large veins on the left side—she died of that wound—it ended in the centre of the throat—the right side of the throat had never been cut at all—in the middle of the wound it went into the bone of the neck—k was a clean wound—it might have been done by a razor—I should say the wound had been made from behind, forward, and slightly upwards—it was somewhat in a slanting direction—Mr. Martin is to give the medical evidence, he had an order from the Coroner to make the examination—Mr. Martin came to the house before I left.

Cross-examined. Q. Was the position of the body and everything the same when Mr. Martin came as when you came? A. Yes, as near as I could put them—the body was not moved at all.

WILLIAM MARTIN . I am a surgeon at Brompton, and am a fellow of the Royal College of Surgeons. On 16th Aug., I was summoned to the house in Hill-street—I immediately went to the room where the body of the deceased was lying on the bed—it was cold and stiff—there was a large pool of blood on the left side of the body, extending from the seat of the wound to the hips—the body was horizontal—I conclude that the blood must have flowed at a time when the body wan semi-upright, before it was in the position in which I found it—it would not have flowed in that way after it was in that position—there was not blood on the floor, as there would have been if she was sitting quite upright—there was no blood in that part of the bed where her head would have been lying if she was asleep; it must have been done after the head was removed from the pillow—I examined her arms—the right wristband of her dress was marked with Wood, and a little above it on the inside—there were some detached marks of blood on the outside of the arm, by the elbow, and very little marking of blood at any other part of that right sleeve—the left arm was lying extended by the side of the body in the pool of blood—I carefully examined the wound—it was about four inches in extent, extending from a point level with the ear on the left side, two inches behind, passing downward and forward towards the windpipe, dividing vital parts in its way—there

was a slight turning out of the wound towards the windpipe, which would lead me to infer that it had commenced behind—the right side of the neck was not touched, nor any other part of the neck—death would follow very rapidly from such a wound in an old person.

COURT. Q. If you were going to cut your own throat, which way would you do it? A. It would be the line of incision that a wound would be likely to take; but I should not waste two inches of incision, I should not go so far behind.

MR. CLERK. Q. There was very little blood on the floor, I believe? A. There was a mere stain of blood on the carpet immediately under the bed, by the side of the bed, no clotted blood, a little blood as if it had trickled over the bed—it must have required some considerable muscular power to have inflicted such a wound.

Cross-examined. Q. Your brother surgeon, I think, said that none of the arteries were divided? A. The internal jugular vein was divided quite through; the carotid artery and other important parts had escaped—it was not such a very severe injury as I have seen—the artery often escapes, it lies deep there—it was very remarkable that it should have escaped, because it lay about as deep as the vein, and the vein is a larger vessel and more distended, and therefore would arrive at a higher level—there is no predicating what amount of muscular power even an old person would hare under certain stimulants—there was no mark of struggling or violence about the body, or on the fingers, or hands, and no bruises—I examined carefully—I examined the right hand side of the body, there were mere stains of blood there—the edge of the pillow that was lying by the side of the deceased was dipped into the blood, and a clean towel had been placed over it as if to cover the blood—the anterior part of the wound turned a little upwards, which is against the notion of its having been done by herself, and so is the fact of the wound having been done in a semi-erect posture; because that would not be a position that a person would take to commit an act of that kind, they would be sitting forward—if it was done sitting up, the blood would have been on the floor—I had not attended the deceased before—I ascertained that she was ruptured—that has very little effect upon a person when of long duration—I have not known it affect the spirits in any remarkable degree.

JURY. Q. Would it be possible for a person, having received so dangerous a wound from herself or another, to speak audibly afterwards? A. Yes, certainly; the windpipe was not touched, therefore the voice would remain.

CHARLES HENRY LORBEY . I am a cutler, and live at No. 5, Brompton-road, Knightsbridge. On 31st July, the prisoner came to my shop with this razor that has been produced—she said she wanted it ground for a gentleman who was out of town, and who was coming to town that day—I said, I would get it done and send it home—I forgot it—she came again two days afterwards and said, "I have called for that razor that you promised to send home"—I said, "I had quite forgotten who it belonged to—she said, "It is of no consequence; the gentleman has not come to town, but 1 expect him in town to-day"—I sent it back about two days afterwards, by my young man—on the Thursday morning on which the death occurred, the prisoner came to me three times—I did not see her the first time, which was about a quarter to 8 o'clock—she came again about half past 8 o'clock, I was not in then—she came the third time about a quarter past 9 o'clock, I then saw her—she brought this same razor again to reset

—it was smeared, as if a gentleman had been sharing—she said the gentleman was quite angry about the razor, for it would not share, it shaved him very well at first, and he was waiting to shave with it again—she asked me what was the reason of the edge going off so quickly—I said that some gentlemen were very careless with razors to what others were, that he might hare wiped the edge off with a towel or pushed it against the shaving mug—it was sharp enough even then to shave anybody, it was not so sharp as when I sent it home—whilst I was talking to her, Mrs. Johnson came up to the door, and wanted the prisoner to come away without the razor—the prisoner said no she could not, the gentleman was waiting for it, she must take it with her—Mrs. Johnson made some signs to me not to let her have the razor, and I said to her, "You had better leave me this razor for a few hours or a day or two, and I shall be able to put a better edge upon it"—she said, "No, I cannot, I must take it with me"—I then sharpened it a little, and gave it to her—I saw her talking with Mrs. Johnson, when she left my shop.

RICHARD BIRD . I am a greengrocer in Brompton, I know the prisoner. On 9th Aug., she told me she was in a great deal of trouble, she appeared to be very much excited—I asked her what was the matter—she told me that she was in debt, and in a great deal of trouble, she could not let the house and she owed a quarter's rent, and had not got it to pay, and if she had had a razor in the house that morning sure enough she should have cut her throat—I told her that would not mend the matter, but to pluck up her spirits and not to think of such a thing—she said if she could get 10l., it would do her a deal of good—I said that any little thing I could do to assist her I should be most happy, and if I could get in a few debts I would try and lend her a trifle by Saturday—she still seemed very excitable—she said that what few pounds her mother had got were gone, she had nothing but poverty staring her in the face—she came again on the Saturday and had a few things, which she paid for—she still appeared very excitable, she said she could not succeed in getting any money, and what she should do she did not know—she had said on the Thursday, that she could not live to see her mother want—I said, "But if you make away with your own life, you will leave your mother behind"—she said no, she could not stand it, she could not do that, they had been so comfortable together, she could not stand it any longer—she appeared to be very fond of her mother—she seemed very much afraid of their coming to poverty—I told her whenever she felt in that nervous state to put on her things and come and talk to me about her affairs, and anything I could do to assist her I would.

JANE JOHNSON . I am a widow. I had seen the prisoner three or four times before this happened, I was staying with Mrs. Floyd, a sister of mine—at the time—on the morning of 16th Aug., the prisoner came there about half past 9 o'clock—she said that she had seen her brother, that he was coming that morning to make some arrangement about her house, that she was to leave the house and sell part of the furniture—I asked her what he would do for her mother—she said, he could do nothing more for them—I said, "Oh! she must do something for her"—she said no, she would and no more, she was dead—I asked her how she came by her death—she said, "Oh! very quietly"—she said the blow was too much for her and she wished she could destroy herself, but she had not the power to do so—we said she must go home as her brother was coming, and I went and let her out—I saw her go towards the cutler's shop, and I went and made

signs to him not to give her the razor—when she came out with it, I asked her what she was going to do with it—she said, "Oh! never mind about that, it is all right"—I afterwards went to the house, about half past 10 o'clock—that was before the police went—I asked the prisoner if I should go for Mrs. Taylor, a friend of hers—she said, "Yes"—she then said, "If you tell her my mother is dead she will not come to me, as she is such a nervous person"—I said, "Then, I will not tell her she is dead but dangerously ill, and she will come immediately," and I went and told Mrs. Taylor that.

(Mr. F. A. Bonny, surgeon. No. 3, Trevor-terrace, Knightsbridge, deposed to the prisoner's good character, and to her kindness and affection towards her mother.)


Reference Number: t18551022-931

931. MANUEL DE CORTAZAR and MIGUEL MASSIP , feloniously forging and uttering an order for the payment of 1,100/., with intent to defraud.

MESSRS. BODKIN and SLEIGH conducted the Prosecution.

FRANCISCO MANUEL ANTONINI DE MURIETTA . I am a partner in the house of Christabel de Murietta and Co., merchants, at Gresham-house, Old Broad-street, City. On 13th Aug. I received this letter by post (produced)—we have correspondents at Valencia, in Spain, named Carriana Brothers, and Co.—this letter purports to come from them—it bears the Valencia pot mark—on 16th Aug. the prisoner Cortazar came to our counting house, and presented this letter (looking at one)—the clerks introduced him to me, in my room—he told me he was Don Manuel Campos, the person mentioned in this letter, which he handed to me—I had received this first letter by post two days before—he asked me if we had received it—I spoke to him about his letter, and about the accommodation he wanted—we then had some general conversation about the traffic in wines, and other things, and he went away—next day he came again—he told me that he must go to the interior of the country to make some purchases of wines, and he wanted, according to the letter, 1,100l.—I directed Mr. White, one of my clerks, to fill up a cheque for that amount, and I signed it, and gave it to Cortazar—this (produced) is it—it is for 1,100l., on Marten, Stone, and Co.—he then left.

FERNANDEZ DE TREVANCO . I have corrected this translation of these two letters—they are correct—(These were both dated Valencia, 6th Aug., 1855, and signed "P. Carriana and Go.;" the first requested Messrs. De Murietta to advance, on their account, 1,100l., to Don Manuel de Campos, their friend and correspondent, and the second stated the bearer to be the person referred to.)

WILLIAM WHITE . I am a clerk, in the employment of Messrs. De Murietta. I remember Cortazar coming to the office on 17th Aug.—by the direction of one of the principals, I filled up this cheque for l,100l—Cortazar signed this receipt for it, in my presence, in the name of Manuel de Campos.

JOSEF CARRIANA . I reside at Valencia, in Spain, and am one of the firm of P. Carriana and Co.—the house of Murietta and Co., of Broad-street, are our correspondents in London—these two letters are forgeries—I came away from Valencia on 14th Oct.—I know nothing of such letters having been written in Aug.—the signature is an imitation of my brother's, but it is not his—I do not know either of the prisoners—I have seen Cortazar as another time, by another name.

Cross-examined by MR. PARRY. Q. How many partners are there in

your firm? A. Three—my eldest brother has been ill a long time, and does not sign anything—my brother Francis signs—he has been here—he is not here now—I am able to say this is not his writing—I am sore of it, because I have spoken to my brother, and he has told me so—it is easy to be known that this is not a genuine signature, because it is made with great care, and not freely, as a person writes his own name—it is very like my. brother's writing, but I assure you it is not his—it looks so at first, but looking carefully at it, I am sure it is not his.

MR. BODKIN. Q. Are you well acquainted with the general appearance of his handwriting? A. Yes—I see him write every day—I was at Valencia on 6th Aug.—I know no person of the name of Campos.

JOHN PRINCE LEMON . I am a clerk in the house of Stone and Marten, the bankers, in Lombard-street. This cheque for 1,100l., was brought there for payment on 17th Aug., between 12 and 1 o'clock, by Cortazar—I was very much taken with his appearance, for he was very beautifully attired—I could not undertake to swear that Massif was in his company, but there was a second person—I could not undertake to state that he was in Cortazar's company, but when I paid him the 1,100l. a second person with drew from the counter at the same time with him, and I think it was Massip, but I should not like to swear it—it was a person about his stature—to the best of my belief, I think he is the person—I have a memorandum of the manner in which I paid the cheque—I gave 119 5l. Bank of England notes, dated 1st Aug., 1855, and numbered 61372 to 61390, inclusive; mother set of 100 5l. notes, Nos. 62851 to 62950, inclusive; 50 10l. notes, dated 4th June, 1855, and Nos. 36201 to 36250; and 5l. in money.

Cross-examined. Q. You do not undertake to swear positively to Massip? A. Certainly not—I did not take particular notice of the person.

HENRY KULB . I am a clerk to Spielman and Co., money changers, of Lombard-street. On Friday, 17th Aug., the prisoner, Cortazar came there between 12 and 1 o'clock, and changed 100 5l. Bank of England notes, for French and Belgian notes—he wrote his name and address on one of the 5l. notes—this is it, No. 61378, "Campos, London Coffee House"—that same afternoon I took the whole of the 5l. notes that I had received from him to the Bank of England, and paid them in—the amount which ho received from me was 12,500 francs.

Cross-examined. Q. Only one person came? A. Only one.

JOSS RAMON YGLESIAS . I am a merchant, carrying on business in Walbrook, and have correspondents in Valentia, named Gaspard Dotres, and Co.—Mr. Molto acts for that firm by procuration—this letter marked "A" came to my house by post on 13th Aug.; it purports to come from the house of Gaspard Dotres—this is a correct translation of the letter—it bears the Valencia post mark of 6th Aug.—on 16th Aug. the prisoner Cortazar came to my counting house, bringing this other letter with him—he asked me if I had received a letter by post—he told me he was Manuel Campos, and handed me this letter—he stated that be came over to purchase wines, and we entered into general conversation—he told me that he was staying at the London Coffee House—on the afternoon of the 9th he came again, and asked me to advance him 700l. upon the letter that he had produced—he said he was going into the country to make purchases—I told him he need not take so much money into the country, that I would give him letters of introduction, and credit for his purchases—he told me that his friend knew England, and the customs of England, and he was carrying money in hit pocket, and advised him to do the same—upon that I desired my clerk to

fill up a cheque, signed it, and sent one of my clerks to get it changed for notes, which I handed to Cortazar, and he signed a receipt in the name of Manuel Campos.

FRANCISCO MOLTO (through an interpreter). I act for the house of Gaspard, Dotres, and Co., of Valencia, by procuration—I sign my name for that firm—neither these letters nor the signatures are my writing—I never authorized anybody to sign my name to them—I do not know any person of the name of Manuel Campos, I know a family of that name—(These letters torn also dated Valencia, 6th Aug., and were to the same effect as the former ones, varing only in the names and the amount of the credit requested, which in this Instance was from 600l. to 800l.)

HENRY FOTHERGILL . I am clerk to Messrs. Barnett, Hoare, and Co, bankers. On 17th Aug., I cashed this cheque of Mr. Glossies, for 700l., and gave for it four 100l. notes, dated 9th Jan., 1855, Nos. 77181 to 77184, inclusive; four 50l. notes, dated 8th June, 1855, Nos. 20797 to 20800; and five 20l. notes, dated 7th June, 1885, Nos. 56411 to 56415.

JAMES HOLDER . I am clerk in the house of Messrs. de Murietta and Co In consequence of information that had been received on 17th Aug., I went to the London Coffee House, accompanied by Thain, the officer—we arrived there about a quarter past 6 o'clock—after waiting about a quarter of an hour, I saw Cortazar come in and go upstairs—as he was going up, I went and spoke to him in Spanish—I asked him if he had been to Mean de Marietta's and Co. that day, he said he had—I then asked him to come down stairs—he went up stairs and told me to follow him—he asked what wanted with him—I did not reply to him, but called the officer up—Curtain went into a room up stairs, and I followed him with Thain—he asked what we wanted with him—I told him that he was a prisoner—he said "Why"—I said for having obtained, under false pretences, or by means of a forged letter of credit, 1,100l. from Messrs. de Murietta and Co.—he asked if he was arrested upon suspicion alone—I said that Messrs. de Murietta undertook the responsibility of arresting him upon suspicion—he said he was innocent—I then asked him where the money was that he had obtained for the cheque—he said that he had given it to a friend in order to take charge of it for him, because this friend could speak English, and he had confidence in him on that account—he said this friend had gone to a house of ill fane, he knew where the house was, but he could not name the street, he could point it out—I and the officer accompanied him to the casinos, and places of that kind, which he indicated, but found no one—I did not observe any one leave the London Coffee House while I was talking to him.

CHARLES THAIN (City policeman, 19). On Friday evening, 17th Aug., I went with Mr. Holder to the London Coffee House, and took Cortazar into custody—I afterwards searched his baggage and his person—on his person I found seven sovereigns, two 4d. pieces, and 1d. in copper, a gold watch and chain, and a pocket book containing some cards and papers—in his portmanteau I found two passports which I produce—one is in the name of Manuel Cortazar, and the other Pedro Ragalado.

GEORGE RUSSELL (City policeman, 34). On the evening of 17th Aug I was stationed outside the London Coffee House, and about 8 o'clock I saw the prisoner Massip passing the house—I took him into custody, searched him, and found on him among other things this passport (producing it)—it is in the name of Miguel Massip, and it is vise at Valencia, on 6th Aug., to enable the bearer to proceed to Paris; and on 13th Aug. it is vise at Paris to go to Belgium.

Cross-examined. Q. You say he was passing the London Coffee Horn, was he not going towards the door? A. No, he was passing from St. Paul's towards Ludgate-hill—I was at the coffee house door as he passed—he had got past the door when I took him.

STEPHEN BUTCHER . I am steward on board the Holland steam boat, which runs between Ostend and London—she left Ostend for London early on the morning of 15th Aug., and arrived at St. Katharine's-wharf at 55 minutes past 12 o'clock that day—I cannot say whether the prisoners were passengers on that occasion—tickets are issued to the passengers, which are taken from them when they arrive at London—I produce some ticket—I am certain that two parsons of their names were passengers, by the tickets.

EDWARD HERRING . I am a cab proprietor and driver—I was in attendance at St. Katherine's-wharf on 15th Aug., and brought the two prisoners from there to the London Coffee House.

SUSANNAH SKEFFTNGTON . I am housekeeper at the London Coffee House. On Wednesday afternoon, 15th Aug., the two prisoners came there—they occupied a double bedded room—we keep a book, in which the visitors write their names—this (produced) is it—one of the prisoners, I belive Cortazar, wrote this name, Pedro Ragalado.

JOHN ETHERIDGE . I am hall porter at the London Coffee House—I remember the two prisoners coming there—they occupied a doable bedded room—on the morning of 17th Aug., they went out together between 10 and 11 o'clock—they came back together about 3 o'clock—they afterwards went out again, and returned a few minutes after 6 o'clock—Thain and Mr. Holder were then waiting in the coffee room—I went and informed them that they were coming, and Mr. Holder followed them upstairs, and Thain afterwards—Massip came down stairs again, and walked deliberately out of the house—the room they occupied was on the third floor—I saw no more of Massip until I was called when he was in custody.

JOSEF RODRIQUEZ DE LUSADA . I am a watch maker at No. 281, Regent-street On Thursday, 16th Aug., the prisoner, Massip, called upon me somewhere about 10 or 11 o'clock in the morning—he drove up in a cab—he came alone into my shop—there was a gentleman waiting for him in the cab—Massip made some inquiries of me about General Cabrera, as to whether he was in town, and where he could be seen—he asked me if I could inform him the next day—he then left, and came again the next Friday morning about 10 o'clock—just after he came in, General Cabrera's secretary came in, and offered to take him to General Cabrera that day—Massip said he could not go that day, until about 4 o'clock—the secretary told him that would be too late, and he must go then if he wished to see him that day—Massip said he could not go then, because he had a particular appointment at 1 o'clock in the City—he called again that afternoon between 5 and half-past 5 o'clock, and Cortazar with him—I met them in the street as I was going out—Massip stopped me and said they were going to my house—I said I was only going a short distance, and would soon be hack, if they would walk in and smoke a cigar, and when I came back they were gone.

Cross-examined. Q. General Cabrera is the celebrated Carlist general, is he not? A. I suppose so—I am not a Carlist—a good many Spaniards call on me sometimes about General Cabrera—I know the general.

RICHARD MULLENS . I am solicitor for this prosecution—I produce three letters and their contents, which 1 obtained from the office of the Home

Secretary—one is addressed to Pedro Ragalado, post restate, Paris, with the London post-mark of Aug. 17, and two addressed to Don Migned Massip, post restante, Paris, bearing the same London post-mark, with the addition "posted after 7 p.m."—they contain English, French, and Belgian bank notes—I have compared the dates and numbers of the English bank notes, with the dates and numbers of those paid for the two cheque, and they correspond—the whole of the bank notes paid for the cheques an here, except those which were changed at Spielman's—there are French and Belgian notes to the value of 7,500 francs; there is about 200l. short—one of the covers contains a passport in the name of Miguel de Martinez—these letters have passed through both the English and French post-office—I was not present when these letters were opened at Paris—I saw them it the Prefecture of Police there, after they were opened—there is nothing in the letters—they are mere blank covers.

JAMES HOLDER re-examined. When Massip was taken into custody, be asked permission to write a letter—I said that whatever he wrote would be read—he then wrote a letter in my presence—I afterwards read it—I believe the addresses of these letters (produced), "Miguel Massip, post restante, Paris," to be his writing, and also the signature to this passport—I never saw him write but that once.

CHARLES LAON LAMBQUIN (through an interpreter). I am commissary of police at Paris—I got these letters at the Post-office at Paris—they were then sealed up—I opened them, and they contained the bank notes that have been produced.

JOHN GARDNER I am a clerk in the General Post-office—these two letters addressed to Massip, were posted at the General Post-office, St. Marti's le-Grand, on 17th Aug., after 7 o'clock in the evening—they also bear the postmarks of Calais and Paris.



Eight Year's Penal Servitude.

NEW COURT.—Wednesday, October 24th, 1855.


Before Mr. Baron Martin and the Fifth Jury.

Reference Number: t18551022-932

932. CHARLES SIMPSON , stealing, whilst employed in the Post-office, a post letter, the property of Her Majesty's Postmaster-General.

MESSRS. CLARKSON and POLAND conducted the Prosecution.

JAMES PESTLE . I am butler to Colonel Carpenter, at Potter's-bar, near Barnet—the prisoner is the letter carrier in that district. I saw him on the morning of 25th Aug. about half past 7 o'clock, or a quarter before 8 o'clock—I delivered to him two half sovereigns and a sixpence to get me a money order, payable to Mr. H. E. Hartley, No. 11, Welbeck-street, Cavendishsquare—I gave him the money to get the money order, and send it by the next post—I gave him this card as a direction for the money order—he undertook to do it for me, and he was to have 3d. for his trouble—the sixpence was 3d. for himself, and 3d. to pay the money order with—

(cardread: "Money order, 1l., payable to Mr. H. E. Hartley, wine and spirit merchant, No. 11, Welbeck-street, Cavendish-square")—I did not receive any acknowledgment for the receipt of this from Mr. Hartley, and on the Wednesday afterwards I called on Mr. Hartley, and he stated to me that he had not received it—on my return I went to the Post-office and made inquiries, and as I was leaving the Post-office I met the prisoner in the street about 5 o'clock—I said to him, "Simpson, you have not got me that money order"—he said, "Yes, I have," and he began to feel in his waistcoat pocket—he pulled out some papers, and amongst them I discovered Mr. Hartley's letter which he had sent to me—it was only the enclosure, not the envelope—on seeing that, I snatched it out of his hand—he attempted to take it away from me—I called in the aid of a policeman—I still kept possession of the letter—I went to the Post-office window and passed the letter in, and gave it to Mr. Kent, the post-master for safe custody—I do not know where the prisoner was at that time—after I was released from him by the policeman, I saw no more of him till he was in custody—the letter was torn after I delivered it to Mr. Kent—I did not see it torn—this it a part of the letter that I saw and took from the prisoner.

HENRY EDWARD HARTLEY . I am a wine and spirit merchant, and live at No. 11, Welbeck-street; I know Mr. Pestle. About 26th Aug., I expected a small remittance from him, and not receiving that, I wrote to him on Monday, 3rd Sept—these pieces produced formed part of the letter that I wrote on that occasion—I addressed it to Mr. Pestle—I put the letter in the post myself, I think between 8 and 11 o'clock—on the 5th, Mr. Pestle came to my place, and I had a conversation with him on the subject of those letters—I did not find either of the letters at that time—the letter that I put in the post was in an envelope—it was an old envelope that had been used before, and that it might be secure I put two small wafers in it and pressed them down—I addressed it to Mr. Pestle, at Colonel Carpenter's, Potter's-bar, Middlesex.

HENRY KENT . I am the postmaster at Barnet The prisoner was the letter carrier in that district—on the afternoon of 5th Sept I heard a noise outside the office, and I opened the window to see what was the matter—after that Mr. Pestle came and tapped at the window, which opens into the street, and gave me a letter—I was in the act of reading the letter, and the prisoner came round to the side door—he came into the office, and put his hand over my shoulder, and took the letter out of my hand—in doing that the letter was torn—I retained possession of two pieces of it—I gave them into the hands of the district surveyor, who happened to be at Barnet at that time—the prisoner immediately left my office—what he did with the parts of the letter he took away I cannot say—I was at the post-office from 24th Aug. till 5th Sept—I am not always there—while 1 was there I did not grant a money order for Mr. Hartley—there was no such order issued—I have the book here.

Prisoner. Q. Have you got the portions of the letter here? A. Yes—these were the parts of it—you took the rest away out of the office—this if all that I have—the letter was not lying on the desk—you snatched it out of my hand.

JOHN POOLET (policeman's 286). I took the prisoner into custody on 5th Sept., on Addle-green, near Barnet—when I met him, I said, "Is that Simpson?"—he said, "Yes"—I said, "I want you, Charley"—he said, "What for?"—I said, "Respecting that letter"—he said, "That letter that

I took from Mr. Kent was my own private property"—I took him to the station.

(The prisoner's statement before the Magistrate was here read as follows: I either gave away the half sovereign for a sixpence, or lost it; I expected some money from a person who was coming to Barnet that day, and I intended then to have sent the order; the envelope and card are at my drawer in the Post-office; as I was going to Colonel Carpenter's with the letter, seeing it was not sealed, I opened it, and kept it back, thinking in a day or two to send it to Mr. Pestle.")

WELCOME COLE . I am an inspector of letter carriers. I went to Barnet and, from the prisoner's statement, I asked the charge taker for the key, and he opened a drawer in my presence, which he said was the prisoner's drawer—the prisoner had told me where his drawer was, and where I should find the envelope and the card—I found this card and envelope in the drawer.

Prisoner's Defence. I did not open the letter; as I went along the letter was open, and the piece of paper fell out; I saw what it was about; I thought I would not give the letter till to-morrow, when I would call, and tell him about it, and in the evening he gave me in charge; I kept the card and envelope in my desk; I had been fifteen years on that station; I by some means lost one half sovereign.

MR. KENT re-examined. A letter put in at 8 o'clock in the morning would get to Barnet about 9 o'clock.

GUILTY . Aged 39.— Six Years' Penal Servitude.

Reference Number: t18551022-933

933. JOHN GRACE , stealing, whilst employed in the Post-office, 2 post letters, containing an order for the payment of 46l. 14s. 6d., and an order for the payment of 1l. 8s.; the property of Her Majesty's Postmaster-General.

MESSRS. CLARKSON and POLAND conducted the Prosecution.

CHARLES ADLINGTON . I am a grocer, and live at Gravesend. I wrote this letter, and enclosed in it a cheque, crossed—I put it in an adhesive envelope, and directed it to Messrs. Buck and Son, No. 40, King William-street, City—I fastened the envelope down, and gave it to John Attwood to post it—I received no answer to this letter.

JOHN ATTWOOD . I am in the employ of Mr. Adlington. On Monday, 3rd. Sept., he gave me a letter to post) directed to Mr. Henry Ruck and Son, No. 40, King William-street, City—I posted it at the post-office, at Gravesend—it was 20 minutes past 12 o'clock when I started away, and I posted it two or three minutes before the half-hour—I posted it in the same state as I received it.

JOSEPH BENJAMIN RUDDUCK . I am a linen draper at Gravesend On 3rd Sept I sent a letter enclosing a cheque, drawn by my wife, to John Clarke, jun., and Co., 72, Aldermanbury, City—the cheque was for 1l. 8s.—my wife crossed it—I enclosed it in the envelope myself—I took it to the post-office and posted it myself, about 11 o'clock in the morning—in comquence of information, I afterwards made inquiries—these pieces of paper (looking at them) are parts of the letter and the envelope that I so secured, and put in the post-office—they are my own writing—(read: "Gentlemen, enclosed is a cheque for 1l. 8s.; please acknowledge the receipt of it. Yours respectfully, J. B. Rudduck")—addressed to "J. Clarke, jun., and Co, Aldermanbury, City."

WILLIAM TEASDALE . I am clerk in the post-office at Gravesend. On 3rd Sept. I made up the mail bag for London, at 5 minutes before 1 o'clock—that contained all letters posted at Gravesend before that time—I fastened the

bag up myself, and it was then forwarded to London—in the regular course of business it would reach London about half past 2 o'clock.

THOMAS PAPE . I am a sorter in the General Post-office, On 3rd Sept I received the day-mail bag from Gravesend, about half past 4 o'clock—it was in its usual state—I opened it myself—all the letters for the London district I sent to the London district, where they ought to be sorted and sent oat by the 6 o'clock delivery from the London District Office—such as were for London would be sent out the same afternoon.

RICHARD BUCK . I am assistant to my father. I was in the counting house, No. 43, King William-street, in the afternoon of 3rd Sept.—I did not receive any letter from Mr. Adlington, of Gravesend, that afternoon—as far as I know no letter was received.

WILLIAM MILNE . I am agent to Mr. John Clarke, 72, Aldermanbury. J was there on the afternoon of 3rd Sept.—I was in the counting house—I did not receive any letter from Mr. Rudduck, of Gravesend—as far as I know, no such letter was received at all.

WELCOME COLE . I am inspector of letter carriers at the Post-office—the prisoner was a letter carrier in the London district, at the Post-office—He was so in Sept and before—he was on duty in the afternoon, on 3rd Sept—I have no doubt he was assisting in sorting the letters that arrived that day—it was his duty—William Seem, a policeman, is attached to the Office—I was present when he searched the prisoner on 5th Sept.—I saw Smee take from the prisoner's pocket this letter marked "A," written by Mr. Adlington, at Gravesend—this other piece of paper was found on him, marked "B;" it appears to be part of a letter sent by Mr. Rudduck, it bean the date, Gravesend, 3rd Sept—I know where the prisoner lived, at No. 16, Swan-place, Old Kent-road—1 went to that house on the night of the same day that the prisoner was searched, the 5th of Sept—I saw the officer find this piece of paper in the privy in the yard—it is another portion of the same letter that the officer took a part of from the prisoner's pocket at the-Post-office, the letter marked "B," from Mr. Rudduck—it makes Mr. Rudduck's letter complete—I also found 'the envelope of the other letter, bearing date 3rd Sept., and our stamp on it for the evening of 3rd Sept—after I had made this discovery I saw the prisoner—I told him we had found a great many letters in his privy at the house he lived in, in Swan-place, and that I knew he had destroyed two the day before—he said he was very sorry, these two letters he had destroyed, having kept them he did not like to deliver them.

Cross-examined by MR. M'ENTEER. Q. Is the prisoner's house distant far from the Post-office? A. Nearly three miles—many of the letters that I have spoken to were in his own delivery, but the letters now in question were not in his own delivery—the prisoner at once confessed that he had torn up two of the letters—he admitted to me at once that he had destroyed those letters, but not the letters in question, and these were not in his regular delivery—I had latterly observed that he was given to intemperate habits, and I had on more than one occasion given him a friendly caution.

WALTER ROBERTSON SCULTHORPE . I am deputy comptroller at the Post-office. On the evening of 5th Sept., Mr. Cole delivered me these two letters marked "A" and "B," in the presence of the prisoner—I asked the prisoner where he got them—he said he found them down stairs in the kitchen, near his drawer—(that is the letter carrier's kitchen)—I said, "Why did not you report it to the inspector on duty?"—he said, "I am not a thief; I only destroyed them."

CHARLES ADLINGTON re-examined. This letter marked "A" is my writing—(read: "Gravesend, 3rd Sept., 1855. Gentlemen, I in close you a cheque for 46l. 14s. 6d., which please place to my credit; I have not sent the cash for the lard, &c.,")

(The prisoner's statement before the Magistrate wag read as follows:—I know nothing of the cheque; I picked up the two letters and one envelope all wrapped up, and put them in my pocket; as for the other letters that I detained, I was afraid to deliver them.")

GUILTY of stealing only. Aged 30.— Eight Years' Penal Servitude.

(There was another indictment against the prisoner.)

Reference Number: t18551022-934

934. RICHARD WALKER , stealing, whilst employed in the Post-office, two post letters containing money, the property of Her Majesty's Postmaster-General.

MESSERS. CLARKSON and POLAND conducted the Prosecution.

WILLIAM CLARE . I am an inspector of letter carriers, at the General Post-office—the prisoner was a letter sorter—I was on duty on Saturday 15th Sept—the prisoner was on duty—he was engaged that morning sorting letters—the sorting commences at 5 o'clock, and generally ends between 7 and 8 o'clock—the prisoner first sorted letters that morning in the Inland-office—my attention was not called to him in that office, but in the Letter Carriers'-office from about 20 minutes to half past 7 o'clock, and in consequence of that I desired a strict watch to be kept upon him—communications were afterwards made to me, and the prisoner was brought into my private room by Robinson about 8 o'clock—Mr. Swift and See the officers were present—I told the prisoner I had reason to believe he had a letter or letters in his pocket, which did not belong to him—he said he had not—I asked him if he had any objection to be searched—he said, "No, but I changed my coat this morning"—he was searched, and the officer took two letters from his breast pocket inside his coat—one is addressed to Mr. Tuck, and bears the post mark of Fincham—the London stamp is dated the 15th Sept.—the other letter is to Mr. Toomer, and bears the same date, which shows they had been sorted that morning—they both contained coin—the prisoner might have sorted these letters—when they were taken out of hit pocket, he said he had changed his coat, he could not account for their being in his pocket, some one must have placed them there—when he said he had changed his coat, I said, "You know better than that; you have been working in that coat the whole of the morning"—I do not bow what he said to that—I gave him in charge to the officer—he had been working in that coat the whole morning—I believe it to be the same coat he has on now.

Cross-examined by MR. BALLANTINE. Q. Do you mean to pledge your oath that he had that coat on all the morning? A. I believe he had; he had during the time he was sorting in the office—he came up from the Inland-office in that coat—I did not see him come up—I saw him about a minute after he came up—I believe he had this coat on the whole morning—I did not see him when he came at 5 o'clock—it would be very unusual for a man to work in one office in one coat, and then change it to go to another—Cummings was one man who gave me information—Cummings has been promoted recently, I believe, before the prisoner was in custody—the prisoner persisted in saying that some one had put the letters in his pocket—one of them is a General Post letter—there are perhaps 150 sorters—the letters might have passed through the hands of any one of

them—Cummings is a sorter—he has been fourteen or fifteen yean in the establishment—he has been promoted by seniority—when one died, he went of as a matter of course.

RICHARD CUMMINGS . I was on duty in the General Post-office on Saturday morning, 15th Sept.—I saw the prisoner come at 5 o'clock—he went on duty in the Inland-office—I continued sorting letters these till 10 minutes or a quarter past 7 o'clock—the prisoner was there in the same employ—about a quarter past 7 o'clock he left the Inland-office for the Letter Carriers'-office—at that time he had some letters in his hand—the Letter Carriers'-office is at the top of the building—in consequence of instructions I had received from Mr. Clare, I watched the prisoner—I saw that he refused to ascend with any one else—he waited for an opportunity to go by himself—I observed the other men go up at the time he did—there was plenty of room for him to have gone up at the same time—he went up about a quarter past 7 o'clock—I went up by the next lift—I remained in the Letter Carriers'-office about forty minutes—the prisoner was there, retorting the letters—about 5 minutes before 8 o'clock I saw the prisoner again—I had not lost sight of him above five minutes—he took some letters, and went down by the machine again—I followed him by the next drop—he went as far as the Inland-office, and then returned, with the letters in his hand—they were the same letters that he brought down that he took up again—that is not regular; it is quite otherwise—I made a communication to Mr. Clare, and the prisoner was brought into Mr. Clare's office.

Q. From 5 o'clock till the time he was sent for to Mr. Clare's he office, had be changed his coat? A. I could not say—from 5 to 7 o'clock I only saw him once or twice—from 7 o'clock till the time he went to Mr. Clare's he had the same coat on—it was the coat he wears now—I can undertake to say that when I saw him from 5 till 7, and from 7 till 8 o'clock, he wore the same coat he has on now; not this coat (looking at one)—this is a coat he has not worn for some time.

Cross-examined. Q. Can you say that from 5 till 7 o'clock he had not changed his coat? A. He might have done so and I not see him—this is my handwriting to this deposition—he might have changed it, but he must hare come back in the same coat he went away in—if I have ever said that 1 was watching him the whole morning, and if he had changed his coat I must have seen it, it was false—I am not beadle at the Post-office—I was selected to watch, as I had mentioned my suspicion—the prisoner has been longer in the service than I have—he had a higher salary than I had—I do not expect to be promoted in a day or two; when the Post-office may think fit—nothing has passed about my being promoted in this case—Murphy is here, to prove that the prisoner did not change his coat between 5 and 7 o'clock—he and I have had more than one conversation—I talked last to him this morning—we were on duty—I did not say, "Well, Murphy by, what are you coming about?"—I knew it before—we did not talk particularly about that—he did not tell me what he was coming to say—the conversation was providing for the duties while we were absent—I am not aware that I am rather fond of just looking into people's coats—it has never happened that I have been caught at it when the coat was off.

Q. Will you swear that you have never been caught in looking into a person's coat pocket at the Post-office? A. I might have taken a person's snuff-box, but I have no recollection of doing that—that is the only thing that I might have done—I fixed upon that because I knew what you were alluding to—it is at least two months since I did anything of the sort—it

was the prisoner's coat pocket—I have taken the prisoner's snuffbox—his coat was on his back when I took his snuff-box—I have no recollection of feeling in his pocket when his coat was off—I have taken the box out of his-pocket when the coat has been on his back, I believe not when it has been off; I will swear not within two months—I might extend it to three months, or to three years.

Q. Supposing that by some accident you were fingering in his pockets, what were you doing it for? A. I have no recollection of doing it at all but I will swear 1 have not for two months—I never had any quarrel with the prisoner—I was not in the habit of knocking the prisoner up at night—I have not knocked at his door in the middle of the night—his landlord did not threaten to pull my nose if I did it again—the prisoner did tell me when he found me fingering at his coat pocket, that he would be d—if he would allow anything of the kind—the coat was then on his back—I do not know whether anybody else has complained of this little habit of mins of putting my hand in their pocket.

MR. CLARKSON. Q. When you put your hand in his pocket, and took the snuff-box, was the prisoner aware of it? A. Yes.

COURT. Q. Did you put those two letters in his pocket? A. No—the letters were found in his breast pocket, which I will swear I never pot my hand in at all.

WILLIAM SMEE . I am a police constable at the Post-office. I was on duty in the morning of Saturday, 15th Sept.—I was sent for to Mr. Clare's private office, about 10 minutes past 8 o'clock—I was told by Mr. dare to search the prisoner—J found in his breast pocket these two letters now produced—I gave them to Mr. Clare—he said to the prisoner, "How do you account for these letters'?"holding them in his hand—the prisoner said, "If they were there, I do not know how they came there; I pulled off my coat for a quarter of an hour, and laid it under the stairs"—he had then a grey mixture coat on, I believe the same that he has on now—he did not say whether he had put on another coat, or whether he had another cost—this other coat which is produced I got from the prisoner's cupboard, No. 413, in the Letter Carriers'-office—I found the key of the cupboard on the prisoner when I searched him—Mr. Clare said to the prisoner, "You know you have the same coat on now that you have worn all the morning"—the prisoner said nothing to that—I took him into custody—this is an old dress coat, and has no pocket in it.

CHARLES KING . I am a sorter of letters at the Post-office. I was employed there on Saturday morning, 15th Sept—I saw the prisoner arrive at 5 o'clock—he had, I think, the same coat on that he now appears in—I had received directions to watch the prisoner, and in consequence of that I observed him very often that morning—he was employed in general sorting—I saw him go when Mr. Clare sent for him—he had the same coat on that he had worn the whole morning—I had watched him from 6 o'clock closely—when he came by the lift, at a quarter past 7 o'clock, he had the same coat on—he had not this other coat on the whole of that morning.

Cross-examined. Q. You did not see him the whole of the time? A. Not the whole time, but frequently—I might lose sight of him, not more than three quarters of an hour.

JAMES EYRES . I am a sub-sorter in the Post-office. I remember the day the prisoner was taken into custody—I was on duty at 5 o'clock that morning, the prisoner was on duty in the Inland office till 10 minutes past 7 o'clock in that department, and then in the Letter Carriers' department

—he was sent for by Mr. Clare about 8 o'clock—from 5 o'clock in the morning till 8, I had lost sight of him about ten minutes—with the exception of that ten minutes, he was in my sight the whole of that morning—he had not this coat on which is here produced—as far as I know, he had not changed his coat.

PATRICK MURPHY . I am a sorter in the Post-office; I have been there fourteen years. I was sorting with the prisoner on Saturday morning, 15th Sept, from about 5 o'clock till 10 minutes past 7 o'clock—he did not change his coat while he was opposite to me—he was opposite to me, but he went away for about ten minutes—at 10 minutes past 7 o'clock he left me, with, some letters in his hand—he went towards the lifting machine—I did not see him go up—I remained down stairs—I went up in about half an hour—he was then assisting Eyres in sorting—he had the same coat on that he had before—I saw him again just before 8 o'clock, and he had the lame coat on.

Cross-examined Q. Have you ever seen him in this other coat that if produced? A. Yes; I have seen him often in such a coat as this—I was not watching him that morning—I was not before the Magistrate—I know Cummings—I do not know that I have exactly had any conversation with him about the evidence I was to give—he has told me what evidence he had to give—it so happened, after being before the Magistrate, I heard others say what he had said before the Magistrate, but I did not hear it directly from himself—I have not told him what I was going to say—I heard some months ago Cummings come to the prisoner and ask for a bit of snuff, and the prisoner used some angry words, and he came round and felt the prisoner's pockets—I do not know whether he put his hand in his pockets—the prisoner made use of some abusive words, I cannot say what they were—that is not six months ago—that was the only time that ever I heard him abuse Cummings—I have not told Cummings what evidence I should give—he might have heard me say to another person I had not much to give—I had said so to Eyres—I had conversation with Cummings this morning, but not about this case—I do not recollect that I was talking to Cummings yesterday about the evidence I was to give, and about the coat that was worn by the prisoner on that particular morning—I have no recollection that I told him I should depose to the fact of the prisoner having worn that coat from 5 o'clock till 7—I may have said so, bat not to Cummings—I cannot say whether he was listening or no.

SARAH BUCKINGHAM . I am the wife of John Buckingham, of Fincham; I am the daughter of Mary Dale. On 14th Sept, she wrote a letter to her brother Robert Tuck—there was a sovereign in a card, enclosed in that letter—I sealed it myself at my mother's, and went out to see after the postman, but he was gone—I gave it to a woman, and I saw her give it to the postman—this is the envelope that my husband directed.

ROBERT TUCK . I live at the Great Western stables, in London-street, 1 opened this letter when I appeared at Bow-street—this sovereign in a card was in it.

SARAH THORNE . I am the wife of Thomas Thorne. On 14th Sept, I wrote this letter, addressed to Mr. H. Toomer, No. 117, Leamington-street, Vauxhall—I enclosed a half sovereign in it, and put it in the post.

HARRY TOOMER . I live at No. 117, Leamington-street, Vauxhall. I did not receive this letter—I opened it at Bow-street—it contained a half sovereign.


Reference Number: t18551022-935

935. BATHSHEBA SARAH ROBSON , feloniously killing and slaying Arthur John Robson.

MR. RYLAND conducted the Prosecution.

MARY LAW . I am the wife of John Law, and live at No. 18, Ernest-street, Regent's-park, I let lodgings. On the morning of 18th Aug., the prisoner came to hire a lodging—she had no baby with her then, in the evening she came with a baby—she said she had a husband who was a carpenter, and he had a job at Kingsland and would be there on the Monday but no husband ever came—she had left me a deposit of sixpence—I was not at home when she came with the baby—I did not see the baby till after 12 o'clock, the same night—I looked at the baby, it was asleep in the room—the prisoner did not come home till a quarter to 1 o'clock—I told her of leaving the baby—she said it would not wake, it slept soundly—I did not see the baby again till the Tuesday—the prisoner was then at home with it and said she was going to take it out—I saw the child was very thin, but I saw nothing particular—I saw it again the same evening about half past 11 o'clock—I heard it crying—I went and knocked at the door to ask if the prisoner was there—I had no answer—I went in and found the child alone and crying—I looked to see if there was any milk in the room to give it, and there was none—I do not know what time the prisoner came home that night, I did not see her—I saw her about 11 o'clock the next morning—I told her I had given the baby a little cake, and I asked her if she had fed it—she said she had not—I said, I thought I had heard it—she said I had not, it was asleep—I asked her if she would feed the baby, and she mixed some bread up and fed it with bread alone, no milk—on Thursday I left home, and I was away a fortnight all but one day—I came home on a Wednesday—my husband said something to me, and I went to look at the baby—I found it lying at the foot of the bed—that was about 5 o'clock in the afternoon—the prisoner was not there, and there was no one to look after the child—it was like a little skeleton, it could hardly cry—it could only make a very little noise indeed—it was so very thin—I tried to feed it with a little milk—it did not take it at first, but it afterwards took a spoonful or two—after I had fed it the prisoner came in—I told her I thought she had neglected and starved the baby—I told her it looked like it—she said she had not, she had given it a halfpenny worth of milk a day—I spoke to my husband and he went to the workhouse, and Mr. Adams came and saw the child—I was not in the room when he came—the prisoner told me he had ordered medicine for it—I saw the mother give it one spoonful—I saw the child that evening, about half past 7 o'clock—the mother and Maria Hall were there—they were not nursing or feeding the child—they were both singing—I knocked twice before they opened the door—the prisoner was there then, but had got her bonnet and shawl on ready to go out—I went to the room again the same night, the prisoner was not there then—Hall was there, and was asleep—I knocked, and Hall opened the door—I asked how the baby was, and I looked at it—I do not know what time the mother came home that night—she came to me the next morning about half past 7 o'clock—I went up, and the young girl that had got the child sitting up in bed with it—it was just alive—it died while I was there.

Prisoner. Q. How do you prove that the child was neglected? A. By what I saw—I did not see you ill use it.

JOHN LAW . I am the husband of the last witness. I remember the prisoner and child coming to my house on Saturday, 18th Aug.—I went in the room on Tuesday evening, about 12 o'clock—there was no one there

but the child—it was nice and clean, but looked very thin and delicate—it was in the head of the bed—I stayed up to see what time the mother came in—she came in a quarter before 1 o'clock, and I had seen her go out a quarter before 9 o'clock—I told her it was strange conduct to bring a child of that age into my house and leave no one to look after it—she said I need not be afraid of the child waking, it would sleep till half past 9 or 10 o'clock in the morning—I saw my wife feed the child on the Tuesday—the child seemed capable of taking food then—it took it very ravenously—my wife left home on Thursday, and was away till the Wednesday week—I visited the child several times during my wife's absence—the mother was never with it after 7 o'clock in the evening—I do not know what time she came home—I have sat up till half past 1 o'clock, till I could sit no longer—she had a key of the street door—on the Friday morning in the week after my wife left, I spoke to the prisoner—I told her I was positive a child of that tender age could not sleep so, unless she drugged it—"Drugged it!" she said, "I don't know what you mean; my baby is attended to, and looked after properly"—I said, "In my opinion, you are starving your child to death"—my wife came home on Wednesday, 5th Sept, and I spoke to her about the child—she went up to it—she called me up to see the horrible state the child was in—she sent for a cake and some milk, and the child took the food most ravenously, it could not be fed fast enough, though it was only skin and bone—I put on my coat to go to the station, and while I was doing so the prisoner came in—I said, "You wretched woman, you have murdered that poor baby" (I should say the child was about nine weeks old)—she said, "The child is not dead"—I said, "No, but it can't live, in my opinion, many more hours"—she asked me in what way I supposed she caused the child's death—I said through starvation—she said the child was diseased, it was not the want of food that caused it to be so thin—I told her if it had any complaint, it was her duty to have medical advice for it—she said she had had medical advice—I asked her where the medical gentleman lived, that I might go and ascertain what was the disease, for I was then going to the station to make complaint—she said the medical gentleman lived a long way from there, and it was no business of mine—I went to the station, but I got no assistance—I went to the workhouse, and got assistance—Mr. Adams came the next morning—I let him in—he saw the child—I did not go upstairs with him—the child died on Friday morning.

Prisoner. Q. How do you know I was out till half past 1 o'clock, and left the child? A. By going in the room, and I saw the child in bed—I sat up till half past 1 o'clock—I do not know what time you came home—I had suspicion of your bringing gentlemen home—I told you of it two or three times, and begged you to get fresh lodgings, and go away.

WILLIAM ADAMS . I am a member of the Royal College of Surgeons, a licentiate of the Apothecaries' Company, and one of the district surgeons of St. Pancras—I went to the house, No. 18, Ernest-street, on the Thursday, I think—I got there about 10 o'clock in the day—I saw the child lying on the bed by the side of a woman, not the prisoner—it was partly covered with a shawl, and making a whining noise—I uncovered it, and found it was frightfully emaciated—I inquired of the mother how long it had been in that state—she said for some time, that she had lost her breast milk, and the child had been pining away since that time—I inquired what she had fed the child on, and I think she told me milk—I wrote a prescription for medicine, and ordered milk and water with a little brandy to be given to

the child every hour, as it seemed to be in such a state of exhaustion—it as clearly dying—I called next morning, and found it was dead—I made a careful post-mortem examination of it—I saw no traces of disease in any organ of the body, nor the mark of any external disease—I considered it had died from exhaustion, arising from want of food.

ELIZABETH HUMPHERY . I live with my husband, George Humphery, in Pleasant-row, Newington-green. I know the prisoner—she came to stay in my house when the child was about a fortnight old—she and the baby said three days and two nights—I saw her frequently during that time—she behaved very kindly to the child in my presence—I fed the child several times—she continued in the house, she was never out of it—I told her the child was getting very delicate, through losing the breast milk—the child changed a great many times in the day.

Prisoner. You saw that the child was fed. Witness. Yes—you got up in the night, and it was fed in the night.

EMILY HUMPHERY . I am daughter of the last witness. I made some acquaintance with the prisoner by our working together—she came and passed two or three days and nights at my mother's—she was very kind to the baby before us—the child seemed weak—the mother was not out at all during that time.

Prisoner. You know that when I lost my milk, the child was taken from me to some strange woman to suckle. Witness. Yes.

THOMAS TIPPING (examined by the prisoner). Q. You saw this child? A. Yes, on the Thursday previous to its death—it was in a very emaciated state.

Prisoner's Defence. I owed Mr. Law a fortnight's rent, and he came and knocked at my door for it; I fed my child in a proper manner; both he and his wife have false sworn themselves; he says that I saw gentlemen, I do not know in what way he can prove it; he told me if I would pay him the fortnight's rent he would be one with me; the child was away from me for a week; I do not know how it was used then.


THIRD COURT.—Wednesday, October 24th, 1855.


Before Russell Gurney, Esq., and the Seventh Jury.

Reference Number: t18551022-936

936. JAMES RANDALL , unlawfully obtaining 1s. 6d., the moneys of Thomas Alexander Watt, by false pretences: to which he

PLEADED GUILTY . Aged 25.— Confined Three Months.

Reference Number: t18551022-937

937. WILLIAM WEATHERLEY , stealing 1 cash box, 3 sovereigns, and 3 spoons, value 2l. 8s.; 8l. 5s. in money; and 1 20-dollar piece, value 4l. 10s., the property of Joseph Stinson: and GEORGE HOWES feloniously receiving the said 20-dollar piece: to which

WEATHERLEY PLEADED GUILTY, and received a good character.—Recommended to mercy . Aged 24.— Confined Three Months.

MR. PAYNE conducted the Prosecution.

JOSEPH STINSON . I keep the King's Arms, in Philip-lane—I know

Weatherley—he is a salesman in the Poultry—I did not know Howes before I was robbed—Weatherley lives with his brother in Newgate-street, at the corner of Ivy-lane, he is salesman to his brother—I believe this gold piece (produced) to be one which was in my cash box—I lost my cash box, containing it and my purse and money, some dock warrants, and other papers, on Tuesday, 16th Oct.—it was in a drawer in the back parlour—Weatherley was left alone there.

Cross-examined by MR. ROBINSON. Q. Do you know that Weatherley had taken a public house? A. I know it now.

DANIEL CROMER . I am an auctioneer of Bloomsbury-square—I know Howes—he has been a publican, but is out of business now—I saw him as Croydon last Thursday at a sale there, and just prior to my telling, he said that an execution had come in against his goods, and would I lend him 7l. 10s.—I got my clerk to advance it, as I had not got it—he asked me to lend him 3l. more—I said, was there any other execution likely to come in—he said, "No"—I gave him 3l., and he asked me to take care of what he called a 4-sovereign piece, a gold piece, and said that when be returned me the 3l. I could give it to him—I said, "Yes"—I afterwards gave it to a policeman.

JOHN MARK BULL (City-policeman, 151). I go about in plain clothes—I went with Mr. Stinson to Waltham Abbey—we arrived there about 11 o'clock, and saw Weatherley about half-past 11 o'clock in the Abbey churchyard—I asked him where his father-in-law was, he beekoned, and Howes came up—I told Howes that I was a police officer, and asked him how he accounted for the 20-dollar piece which he had paid away to Mr. Cromer—he hesitated for eight or ten minutes, and then said I shall answer no questions till I have seen a solicitor—I took him to the station at Waltham Abbey, and afterwards to Moor-lane—I found on Weatherley 1l. 14s. 2d.——Howes was asked by the inspector in my presence if he felt inclined to account for the gold piece; he said, "No, I will not sacrifice my child"—I saw both the prisoners under the Justice-room, Guildhall, about half-past 12 o'clock on Saturday morning—Howes said, "I am sorry 1 trifled with you yesterday, and did not tell you the whole facts of the case; I received this gold piece from my son-in-law; I an quite innocent of having anything to do with the robbery"—On that Weatherley said, "Mr. Bull, I can assure you my father-in-law knows nothing about the robbery, I committed it myself, and my father-in-law is quite innocent"—I told Howes that if he had given me a straightforward statement in the first instance at Waltham Abbey, I should not have detained him—the value of this coin is about 4l. 8s.


Reference Number: t18551022-938

938. THOMAS GIBSON , unlawfully attempting to obtain from William Leaf and others, moneys to the amount of 29l. 13s. 9d.

MR. ROBINSON conducted the Prosecution.

JOHN CROZIER HAWDON . I am buyer in the hosiery department to Messrs. Leaf, of Old Change—Mr. William Leaf has more than one partner—the prisoner was in their service, and was in my department as salesman—he managed the fancy department, and had authority to purchase goods for the house—it was his duty to examine goods brought in with the invoices, to put ticks to each item, and pass the invoice to me—the ticks would be a voucher to me that the goods were in stock—I am acquainted with his ticks, and believe these to be his (looking at an invoice)—I received

this invoice the same evening—I have looked for the goods, but cannot find them in stock.

Cross-examined. Q. Is the prisoner the only person in your department who has the power of ticking these things off? A. Yes—it is the tick to the left, in pencil—about eight persons tick invoices off, but only the prisoner in that department—if he was away, perhaps I should do it, or I might send some one—nobody but myself could send anybody to supply his place—I am certain he passed the invoice to me on that day, and I believe I saw him, but cannot say positively—I have been in the habit of seeing his ticks for four or five months in that department—I can tell they are his by the way they are done—the hosiery is my department, and I authorise him to buy these little things, but it is named to me first if there is any large amount—he has general authority to buy articles of a particular description—he has purchased to a great extent at different times—he has been with Messrs. Leaf seven or eight years, and five or six months in my department—before that, he was general salesman in the hosiery—it is since his removal to this department that he has been a purchaser—this invoice is dated 19th Sept, and was presented to me on that night, and passed to my drawer—we had not many crochet sleeves at that time—I have looked at the books to see if these goods have passed our books; that was a few days after he left—he left three or four days after the invoice came in—the invoice was sent in with the goods, and sometimes before, and if we write into the country for goods, we generally have the invoke two or three days before the goods—from a week to a month may elapse before we pay—we have bought of H. and F. Nathan for a year or two—I have nothing to do with paying them; they have it when they apply for it—supposing this to be a genuine transaction, the goods may have beet delivered two or three days before the invoice was sent in.

Q. Suppose on 1st Sept. you had twelve dozen or twenty dozen crochet sleeves, and on 15th Sept. you found you had none, have you any entries by which you would be able to discover on what day, and to whom they are sold? A. Yes—they are not here—we make all sorts of entries—it is a wholesale house only—I should find the goods entered in the Journals as being sold—the entry in the Journal is in my department—I am speaking from my own knowledge—goods are sometimes sent in two or three days before the invoices, and the invoices are sometimes sent in before the goods.

MR. RIBTON. Q. If invoices are sent in before the goods, would it be the prisoner's duty to tick them before the goods come in? A. No, he would mark it off when the goods came in—I believe this to be the I prisoner's tick.

FANNY NATHAN . I am a manufacturer of fancy goods, at No. 58, London-road, and have been in the habit of furnishing Messrs. Leaf with crochet work and sleeves. On Wednesday, 19th Sept., I saw the prisoner at their warehouse—I have been in the habit of taking goods there, and giving the invoices to the prisoner—I went there to solicit orders, and he told me he had taken a quantity of goods for a debt of 200l., which he had no means of disposing of, that Messrs. Leaf would not purchase them of him, and he had no way of getting rid of them without sending them into the house—I asked him what I was to do—he said that he wanted me to make out an invoice for 30l.—I asked him whether I should send the goods—he said, "No, I have got them here; the stuff is cheap enough;" meaning the goods—I asked him to give me a copy of the invoice, as I did not know what he

meant—he gave me this paper (produced) to copy it from, and told me to make out an invoice and send it to him, which I did—this is the invoice—my sister made it out by my directions, believing he had 200l. worth of goods there—he said, "I wish you would receive your account sooner than usual, as I am rather short of money"—he meant my monthly account there was an account due to me at the end of the month—I sent the invoice on the next day to Messrs. Leaf by my servant Mary Pockson—it was Tuesday, 18th Sept., that I was there as far as I remember, and on the following Saturday the prisoner came, but I did not see him the first time—he came a second time, and said that he was discharged from Messrs. Leaf's—I asked him what it was for, and he said, after some hesitation, that it was in consequence of giving a bill, similar to the one he had given me, to a person named Myers, and if Messrs. Leaf said anything to me about, I was to stoutly deny it—he said nothing about the bill being paid—I said, "Why do not you sell them to them yourself?"—he said, "No, that will not do; they would not buy them in my name"—that was the reason that induced me to send them in in my name—afterwards my suspicions were aroused, in I went and told Mr. Leaf.

Cross-examined by MR. RIBTOK. Q. I suppose at the commencement you imagined that this was a fair and regular transaction? A. Yes—I went there on ordinary business, and saw him in the department—I also saw there Mr. Hawkins, and every one in the department—there were no other clerks there—it was between 10 and 11 o'clock, that is not a busy time—there is no regular pay day at Messrs. Leaf's—I receive bills one a month—there might be twenty bills due—sometimes they pay a sum on amount—when the goods are sent in, and the bills passed, the statement of them is pat on one paper at the end of the month and sent in, and they pay the whole amount—before seeing the prisoner on Saturday, I had sent in goods amounting to 63l.; that was on Friday—I was paid for that the week after—I have been in business a year and ten months, and have served the house ever since—I have known the prisoner about five months—I never saw him before he was in that department—he was in the habit of giving me orders as buyer.

COURT Q. Ton never sent in any of the goods mentioned in this invoice? A. No.

HAVNAH NATHAN . I am a sister of the last witness. I made out this invoice from a piece of paper given to me by my sister—I sent it by my servant.

MART ANN POCKSON . On 19th Sept I received this invoice from Miss Nathan, took it to Messrs. Leaf's, gave it to the prisoner, and said I brought it from Miss Nathan—he said that it was quite right.

GEORGE BARMSDALE . I am an assistant, in the employ of Messrs. Leaf 1 am in the same department as the prisoner—I saw him on Sunday, 23rd Dec, he was then discharged—I went to inquire about some letters he had posted—two gentlemen called on him, and while I was there one of them called again—they had some conversation, and then the prisoner told me that he had pawed an invoice from H. and F. Nathan on the Wednesday or Thursday previous for 31l., for which no goods had come in—there were no goods in the house belonging to the prisoner to my knowledge—he never. pointed to any which he had sold to the firm—he told me on that Sunday evening that he had some goods at an agent's.

Cross-examined. Q. Are you a clerk? A. Salesman and stock keeper—a great many of those crochet sleeves would be on sale at that time of year.

COURT. Q. Was any thing more said about the invoice? A. Yes he

said that an invoice for goods bad been seat in afterwards for 63l. and asked me to get that invoice returned to him, and he would destroy it that this first invoice would represent the goods, and make it 63l. Together—I said that I could not, that the invoice was locked up—he said that the Miss Nathans had got no copy of the invoice, and they wanted to copy its. that they should be questioned as to what the goods were, and without it they could not tell.

JURY. Q. What was the object of withdrawing the 63l. invoice; whether goods to that amount have been sent in, or whether it was intended to send in part goods, and make up the rest with the invoice in question? 63l. worth of goods were in the house.

MR. RIBTON. Q. Who ticked off the 63l. invoice? A. That wag done after the prisoner was discharged.

EDWARD FUXNELL (City policeman). I took the prisoner on 28th Sept, at Woodstock-road, Oxford—I searched him, and told him he was charged with attempting to defraud his employers of 29l. 13s. 9d. by false invoice—he told me he had 150l. worth of goods at another house in tie City, but not at Mr. Leaf's; that he had borrowed 10l. on them, 5l. he had himself and 5l. he let his wife have—I brought him to London—he had, 3l. 11s. 6d. on him.

GUILTY . Aged 30.— Confined Twelve Months.

Reference Number: t18551022-939

939. EDMUND WHEELER , unlawfully wounding Walter Coulson.

MR. ORRIDOE conducted the Prosecution.

WALTER COULSON . I live at No. 9, Printing House-lane, Blackfrin—the prisoner lodged in the same room with me—on 30th Sept, 1 returned to my room between 11 and 12 o'clock, and found the prisoner there—I locked the door after me, went to the side of the bed, hung my; coat and waistcoat on the bed post, and was in the act of looking for a candle—I said to the prisoner, "Wheeler, will you get into bed?"—he said nothing, but went to the further corner of the room, came hack, and with some sharp instrument inflicted two wounds on my right leg, and two on my right arm, saying, "There, take that"—when I spoke to him he was lying across the bed—I saw nothing in his hand—I rushed to the door unlocked it, ran down stairs, and called for assistance—the prisoner followed me, and sat on the stairs, and while they were looking for a towel he said "What have I done?"—I was faint from loss of blood, and went to the hospital—I never had aay quarrel with him—to the best of my belief he was drunk; he appeared so—when I returned from the hospital I gave him in charge.

Cross-examined by MR. PARRY. Q. How long have you known him? A. Five or six weeks—we have been on friendly terms—I am a waiter, and he was a messenger at the same hotel—he was apparently asleep—I to certain that he is the person; I saw him—the street door is mostly fontanel and it was fastened that night when I went in—there is a string inst wall of the door which you have to pull to get in—we never had any worst—I have lost my situation through it, but the doctor tells me that cuts the will not injure me.

JOHN ROGERS (City-policeman, 333). On the morning of 1st October, I was called to No. 9, Printing House-lane, by Coulson, who gave the prison into custody—he was in bed, and apparently asleep—he was drunk.

Cross-examined. Q. Was he very drunk? A. Yes, stupidly drunk—I should not think he was conscious of what he was about—it was about twenty minutes past 1 o'clock—I found five razors in the room, and a clasp

knife on the prisoner—there wag no blood on any of them, nor did I see say till I came to the fourth or fifth stair—his shirt sleeve was buttoned, and the blood.

WILLIAM CHARLES DALLEY . I am house surgeon at St. Bartholomew's. On 9th Sept. Coulson was brought there—I found a wound of five inches is extent and two inches deep on his right arm, and a superficial wound about two inches lower, and on the right leg a wound four inches in extent, and on the same leg another wound of four inches in extent—they were clean cuts, and appeared to be inflicted by a sharp instrument—if a knife had done it, I think there must have been blood on it, but in drawing it out it might be cleaned by the clothes.

(The prisoner received a good character.)

GUILTY . Judgment Respited.

Reference Number: t18551022-940

940. ELLEN SEVERNE , stealing 1 frock and 1 table cloth, value 9d., the goods of William Willis; and 1 gown, value 5s., the goods of Martha Withers: to which she

PLEADED GUILTY . Aged 22. Confined Three Months.

Reference Number: t18551022-941

941. JOHN COX , stealing on 16th Aug., 288 lbs. of candles value 10l. 16s., the goods of Warren Storms Hale and another, his masters. 2nd COUNT, stealing on 13th Sept., 288 lbs. of candles of his said masters. 3rd COUNT, stealing on 27th Sept., 216lbs. of candles, value 8l. 2s., and I box, value 4s., the goods of his said masters; and IRVING DINNING feloniously receiving the same.

MR. METCALFE conducted the Prosecution.

EDWARD HIGGINS . I am in the service of Messrs. Hale, candle manufacturers, of Queen-street, Cheapside—I am employed to go out with Cox's cart when candles are delivered—Cox was a carman in their employment—I have been in their employ about two years, and have been with Cox in the cart to deliver goods several times: a week in the course of the last nine months—on Thursday, 27th Sept., I recollect the cart being loaded at the warehouse—seven boxes for the town delivery were put in—Cox was the driver of the cart, and I went with him in it as far as Topping's wharf Tooley-street—after stopping there I went on with him, and he sent me with four show cards to a shop which my master serves, in the Borough market—I went from there to our factory in Orange-street, Southwark, where I got the horses' nose bags—I was to meet him at St. George's church, in the Borough, which I did—I was not often directed to leave the cart in that way—my masters' directions were to keep in the cart, and watch to keep the things from being taken out—Cox said that he had been to Hayes's wharf, and to a shop in Tooley-street—he did not say which shop—I know where Dinning lives; it is about five minutes' walk father on from Topping's wharf—that would not be his direct road to St. George's church—on a Thursday, a fortnight before 27th Sept., when we got as far as Thomas-street, in the Borough, he sent me with some onions to his house in Snow's-fields—I met him again at the top of Snow's-fields—Thomas-street is very near Tooley-street, and is about five minutes' walk from where Dinning lives.

Cross-examined by MR. RIBTON. Q. How long have you been with the prisoner? A. About nine months—he has only sent me with messages twice—a cart would drive up to this door in the Borough market—I took the cards, left them there, and then went for the nose bags.

Cross-examined by MR. DUNCAN. Q. On Thursday, the 27 the who

packed the boxes into the cart? A. I do not know who packed them two of the porters put them in, and Cox helped—Buckmaster generally packs up the boxes, and Cox generally helps—I do not know the number of packages when I met the cart at St. George's church—I cannot tell whether he delivered at two places or a dozen on the 27th.

MR. METCALFE. Q. You were not present when any were delivered at Dinning's shop? A. No—nor on the previous Thursday.

GEORGE BEST . I am clerk to Messrs. Hale, of Queen-street, Cheapside, candle manufacturers. On 27th Sept., in consequence of information I received, I went to a house in Tooley-street, opposite Dinning's shop—it is a small oil shop—at about five minutes past 2 o'clock, the prosecutor's cart drove up in charge of Cox—Dinning came out and assisted Cox into the shop with a twelve dozen candle box—they remained in the shop about five minutes, and then Cox brought an empty twelve dozen box out—they then took another twelve dozen box into the shop, Dinning assisting as before—that box was left there—he came out, and took into the shop a parcel containing apparently six pounds of candles—he remained rather more than five minutes, and then drove away—the boy was not there, but it was his place not to have left the cart—he was employed for that purpose—I returned, and gave information to Mr. Hale—I have looked at the books—twenty-four dozen pounds of candles in four deliveries, six dozen to each delivery, were sold to Dinning on that day—I was present when they were ordered.

COURT. Q. What was ordered? A. The first 6lbs. of Dinning was on 16th Aug.—the next order was on the 29th, and was delivered on the 31st; on 13th Sept. six dozen more, and 27th Sept. was the day he was apprehended—six dozen was all that was ordered on 27th—two boxes would be rather an extensive order for a shop of that description—they were composite candles—we were charging Dinning 9s. per dozen pounds, 8s. 9d. net—if the money is returned by the man who delivers them, we allow 3d. discount, which was the case with the three previous lots.

Cross-examined by MR. RIBTON. Q. You did not receive the money? A. No—it was paid to the prosecutor—I know that because it is entered in the cash book—I made this extract from the books, and will swear that it is correct—the candles are labelled, "Times composite, "which is peculiar to this manufacture—if other persons put those labels on other candles, they subject themselves to prosecution—there are three or four manufacturers in London—Dinning's is a small oil shop—he sells candles retail—he need not confine himself to one manufacturer, but can go where he likes—many persons are obliged by their customers to deal with two or three manufacturers—I understand from our traveller that Hales' candles are rather cheaper than any other—when an order is given it is put on a file till it is executed by the warehouseman, who looks out the candles, and packs then in the boxes—he then delivers them to the porters, who load them on the cart—nearly the whole of our trade consists of twelve dozen boxes—the manufacturer's name is put on the boxes, with a stencil plate, but the name of the customer is not put on—the carman knows by the invoice to whom to deliver them—some candles are six to a pound, and some eight—the prisoner had no instructions about sending the boy with cards, but we do send show cards out.

Crow-examined by MR. DUNCAN. Q. When Cox takes goods for you from whom does he get them? A. The boxes are taken by two porters—the porters are the chief persons in packing the boxes into the vans—they

are pointed out by the packer, Buckmaster—Cox has been in the service nine years, or more—I have been there eleven years—I do not think he could get candles away without the connivance of another party—it is usual to take the goods out of the boxes, and bring the empty boxes back—an empty box sometimes remains at a customer's, for his own convenience, if he cannot put the candles away—it was perfectly dear to the passers by that the paper parcel was taken out of the cart—I saw no label on it.

MR. METCALFE. Q. It resembled a 6lb. package, and was taken from another box in the waggon? A. Yes—after the goods are packed, it may so happen that he would be gone to his dinner at the time that the cart is loaded.

MR. RIBTON. Q. Are the boxes left open when they are put into the waggon? A. The candles are all in 6lbs. packages, the boxes hold twelve dozen packages; the packages are put into the boxes, the lid is then shut down, and they are taken to the cart—if he had to go to four places, with six dozen at each place, the twenty-four dozen would be packed in two separate boxes—there is no fastening to the lid—it is merely a box with hinges—the box may either be delivered bodily, or the candles taken out—if he found only five dozen and a half, instead of six dozen, he would have a right to go to another box, and make up the deficiency.

JOSIAH HALE . I am in partnership with Warren Stormes Hale, of Queen-street, Cheapside. Dinning was a customer of ours, and Cox was our carman—on 27th Sept., Dinning called at 10 o'clock in the morning, and gave me an order for six dozen, Times composite candles, sixes—I made out the invoice, and gave it to the packer—they were packed in one box, they would not fill it, they were all twelve dozen boxes that day—they would be taken by Cox; the price was 9s., less 3d. discount—in consequence of something communicated to me I sent George Best to see what was delivered at Dinning's shop, and in consequence of what he told me, I went to inspector Newman, and then to Cox's in Snow's-fields, and asked him how many candles he had delivered at Dining's that day—he said, "Six dozen"—I asked him if that was all—he said, "Yes"—I said, "But they were in a box"—he said, "I know that"—I said, "But you have delivered more"—he denied it—I told him we had proof that be had delivered two boxes and a package; he said twice, if not three times, "I did not," and said that he knew he delivered a package, but that was to make up the quantity—there was no necessity to do that, if only six dozen were to be delivered—the inspector took him into custody—I afterwards went with the inspector to Dinning's house, waited till 10 o'clock till he came home, and then the inspector asked him how many candles he had received from us on that day—he said, "Six dozen"—he was asked if that was all—he said, "Yes"—the inspector told him that be had proof that he had two boxes and a package besides—he said that he had not—we said, that we must search the place—he showed us two papers of eights in the shop, one of which had had half a pound taken out; there were also some sixes in the window for sale—Dinning said that our carman had left the eights in mistake and he had told him so, and he intended to have returned them—he showed us the remainder of the eights, and we asked him if he had any more candles—he said, "Yes"—the inspector asked him where, and he said, "Down below"—we went into the cellar, and found forty-six packages containing twenty-three dozen of sixes—all of them were Times composite, and were in papers with our marks still on them, and the words, "Times composite, sixes"—while I was counting them over, I said, "These

are some you hare received to-day—he said, "Yes," and then contradicted himself, and said, "No, they were there before"—I am not sure whether he did not say the day previous—I found an empty candle box in the shop with our mark on it—the whole quantity we found was twenty-eight down eleven pounds and a half—on a bill file in the shop I found four invoice applying to the four transactions and no more.

Cross-examined by MR. RIBTON. Q. Will you undertake to swear that they were your candles? A. Yes; other people do not make candles exactly' like ours, there is a difference in the way they are cast—I did not examine each of them—I examined the outside of each of the parcels, because I moved them myself—the papers were not mouldy or dirty—large orders in made up every day at our house—we have about twenty men in the packing department, but the greater portion of them would be employed in packing the candles—they work till 8 o'clock—it will sometimes happen that the empty boxes remain at the customers, we get them back when we can—if a customer cannot take the candles out at once, it would be left, and the next time the man came they ought to return the empty box—it was a little before 8 o'clock when we went to Cox's house, he was not in bed—his wife was there—I do not know that I saw his children, he has two—he has been longer in our employment than many of the others—the officer was in plain clothes at Cox's—he was taken away, and locked up that night—it is not a lodging house, it is a little shop.

Cross-examined by MR. DUNCAN. Q. Dinning let the officer inspect his premises directly? A. Yes; he did not point out the sixes in the window, because there were very few of them—the eights were in a box in the shop; those were the ones which he said were left by mistake, and did not suit his purpose—he took us down into the cellar, it was his voluntary act—Cox had to deliver six packages that day, and about eleven dozen in each box, they would vary a little—one box was not full on that day—if a stranger bought a dozen pounds we should let him take them away with him—in this cash was not paid to our firm, it was paid to Cox, but we have not received it.

MR. METCALFE. Q. From the invoice given to Cox, would he known where to deliver each package in the cart? A. He would—the box is which the eights were, in the shop, was ours, and the empty box was lying on the right hand side of the shop without anything in it—no box ought to have been left or delivered there on that day.

MR. DUNCAN. Q. Was it not customary to have a loose quantity in the cart to supply any deficiency? A. No; but sometimes a man would not be able to get the entire order into one box—there might be one or two packages left which would be put in a separate box.

WILLIAM NEWNHAM (police inspector). I went with Mr. Hale to Cox's house, in Snow's-fields—he asked Cox how many parcels he had delivered at Dinning's house—he said, "One"—he asked him if he was sure that that was all—he said, "Yes," and that it contained six dozen candles—Mr. Hale said that he had information that he had received two boxes and a package—he denied it at first, but afterwards admitted that he had left a box which was empty, besides one containing the candles, for Dinning to keep his things in—he afterwards denied that, and said that he meant that he left the empty box on a former occasion, because he did not want to be bother with it in going his rounds—I took him to the station, and then accompanied Mr. Hale to Dinning's house—I asked him what goods he had received from Mr. Hale—he said that he had received six dozen "Times"—I

asked him if that was all that he had received—he said, "Yes"—I told him we had received information that he had two boxes brought in, and a package, which he denied—I took him into custody, and said that I must examine his place—I found in the shop a box containing a quantity of composite candles, identified by Mr. Hale; some on the counter, and some in the window exposed for sale, they were eights, and there were five dozen pounds, and eleven pounds and a half—I then accompanied Dinning into a cellar, and found forty-six packages of sixes—on being questioned about them he said that he had six dozen of them in that day (he said that the eights had been brought in by mistake, and he intended to have sent them back next day)—he afterwards said that he meant that he had six dozen of the sixes on the last occasion—I found on a bill file in the shop these four invoices (produced)—one is of Sept. 27th, and three are of previous dates—(read:"Mr. Dinning, Sept. 27th, 1855; six dozen Times composite, 2l. 12s. 6d. Received same time")—I found in Dinning's shop an empty box besides the one containing candles, which he said had been there some time—altogether, I found twenty-eight dozen, eleven pounds and a half, and since the prisoner's committal, I have received these eighteen dozen pounds (produced) from Mr. Oulds.

COURT. Q. Did you find any other invoices on the file? A. Not for composite candles, not even of other makers.

MR. METCALFE to JOSIAH HALE Q. Was there any general summary? A. No; he had the invoice applicable to each transaction—these candles received from Mr. Oulds are the same sort.

WILLIAM OULDS . I am an oilman of No. 102, Berwick-street, Soho. I deal in candles—early in Aug., Dinning came to my shop, he said that he had speculated in composites, and would I buy some of him—I said, "Yes, at a price"—I bought twelve dozen of him at 8s. 2d. a dozen—he gave me this invoice and receipt (read: "Mr. W. Oulds, to J. Dinning, twelve dozen composites, 4l. 18s.")—they were times composites, and I bought them as Mr. Hale's—I also bought a small parcel afterwards of Dinning; the last parcel I bought was on 24th Sept., twelve dozen at 8s.—I had bought some a fortnight, three weeks, or a month previously—I bought seven dozen then, and have an invoice of them—I bought six dozen shortly before that—I bought thirty-seven dozen altogether, and two other lots of about six dozen each, of which I have no invoice—Aug. was the first dealing I had with him—I bought forty-seven dozen from the commencement of Aug. to Sept.—I gave eighteen dozen up to the police in the same state as I received them—all these candles were Messrs. Hale's, they were all labelled in the same way.

Cross-examined by MR. RIBTON. Q. There is no peculiar mark on Hale's candles, except the label? A. No; if you take the papers off, you cannot tell the difference between them and similar candles of other manufacturers.

Cross-examined by MR. DUNCAN. Q. Have you known Dinning long? A. Three or four years—I have not had dealings with him before this, because he was in another line of business before—he had a little capital by him, and speculated in composite candles.

COURT. Q. Had you any other transactions with Dinning besides those you have spoken of? A. No; I bought no other candles of him.

ALBERT HUNT . I live at No. 2, Pomeroy-street, New-cross. I have known Dinning two months, and have taken candles for sale on commission of him—the last lot I had of him was in July or Aug.—I have not got my book—I sold six dozen pounds for him on the last occasion—I also sold

twelve dozen for him, and on a previous occasion three dozen, and three dozen more on another occasion; twenty-four dozen altogether, and no more—I sold none for him in Sept. that I am aware of—I was to get 8s. 3d. for them—I sold some to Mr. Wheeler, of Clarence-place.

Cross-examined by MR. RIBTON. Q. When was your first transaction with him, may it have been in April or May? A. I do not think it was; I think it was about Aug.—all four transactions were not in the same month—I remember his being taken into custody—the last transaction was about two months previous to that, and the first was about eight weeks before that—the first transaction may have been two months before he was taken into custody—I have not been dining anywhere—I do not think the first transaction was five or six months before he was taken into custody, but will not say for certain—the whole of the candles I sold for him was six dozen pounds previous to his coming down to my house—I do not know whether that was in July; I have not got the date down.

MR. METCALFE. Q. Did you make out invoices when you sold them? A. Yes, to Mr. Wheeler in my own name—I did that at Dinning's request—those I sold to Mr. Wheeler were not the first that I sold for Dinning—I sold six dozen to other parties before—I only sold two lots to Wheeler—I received sixpence commission—I sold the last twelve dozen to Wheeler, and the previous six dozen.

ROBERT WHEELER . I am an oilman, of No. 4, Clarence-place, Walworth-road—I bought of Mr. Hunt six dozen pounds of composites at 8s. 3d., and twelve dozen afterwards—I received these invoices from him (produced)—I gave up to the officer three packets, that was eighteen pounds—they were Mr. Hale's manufacture—I received both on the same day, but not at the same time—(the invoices were both dated 19th July)—I had bought of Messrs. Hale about two months before, and about three months afterwards—I cannot say what I should have paid for candles at that time.

COURT to ALBERT HUNT. Q. Did Dinning tell you at the time he asked you to sell the candles, whose candles they were? A. No—he described them as composite candles.

MR. DUNCAN. Q. Have you known Dinning long? A. About twelve months, but only by selling soap to him—he was a buyer of soap—I have sold him sometimes one hundred weight, and sometimes half a hundred weight—I called on him in the way of business.

MR. METCALFE to MR. HALE. Q. Look at those eighteen pounds of candles (produced), did they all come from your manufactory? A. Yes—they are harder and of a whiter colour than other candles, and nearly all of them are labelled, and the others I can speak to by the candles themselves.

MR. RIBTON. Q. Is this one of your candles, be cautious? A. Yes—it is, from the smell, the shape, the mould at the top, and the appearance—I believe there are no candles in London made in similar moulds—they may be the same to your eye, but not to persons accustomed to it—here is a mark on the top which no other manufacturer has, and it is an article which undergoes a chemical process, which enables me to speak to them.

(The prisoner's received good characters.)

COX— GUILTY on 3rd Count. Aged 30.—Recommended to mercy by the

Jury.— Confined Twelve Months.

DINNING— GUILTY . Aged 35.— Four Years Penal Servitude ,

OLD COURT.—Thursday, October 25th, 1855.

PRESENT—Mr. Baron ALDERSON; Mr. Ald. FARNCOMB; and Mr. Ald.


Before Mr. Baron Alder son and the Fourth Jury.

Reference Number: t18551022-942

942. ALFRED JARRETT was charged upon 5 indictments with feloniously uttering 5 10l. Bank of England notes, with intent to defraud: to which he

PLEADED GUILTY . Aged 21.— Transported for Life.

Reference Number: t18551022-943

943. EDWARD AGAR , feloniously forging and uttering an order for the payment of 700l., with intend to defraud.

MESSRS. BODKIN, PARRY, and SLEIGH conducted the Prosecution.

WILLIAM SMITH . I am by trade a carpenter and cabinet maker. I know person named Humphries, he lives at No. 19, King's-road, Theobald's-road—in May last I was working for him—I was working for him about a fortnight or three weeks in May, and from eight to ten weeks altogether, on and off—I was not there every day—I know the prisoner, I knew him by the name of Jenkins—he came to see Mr. Humphries—he and Humphries appeared to be dn friendly terms—I think it was about the beginning or middle of June that Agar first came while I was there—he entered into conversation with me—I was in the East Indies when I was young, at Calcutta—Agar remarked my arms being marked with Indian ink, what is called tattooing—he asked me what parts I had been to—I told him to Calcutta, St. Helena, and the Cape of Good Hope—he told me be had been to America and the West Indies, but never to the East—after that he used to talk to me when he came, about the war, or anything—he used to come at least three or four times a week—sometimes he remained an hour, and sometimes two or three hours, and sometimes the major part of the day—Mr. Humphries used to he a great deal out, and he used to stay many times in the front office, and enter into conversation with me—he did not distinctly tell me that he had business with Humphries, but I have heard him speak to Humphries about some leasehold property—one evening in June he asked me to take a small box for him to Pickford's booking office, in Oxford-street, opposite Newman-street—when I got there I saw the prisoner, on the opposite side of the way—he had not said anything about my meeting him there, I did not expect to see him—about a week after that I was in Mr. Humphries's office, making a drawing of a door that I was about fitting up (I had known nothing of Agar before seeing him at Humphries's)—he said to me on that occasion, "You seem handy with your pen, old fellow; would you like to leave off carpentering, and get a better," or, "an easier Bert he?"—I said I should, and he said he would see if he could not do something for me in the course of a little time—he asked me if I could meet him that night, at 8 o'clock, at Raymond's-buildings, where I had met him before when I took the box—I did meet him—this was still in June—when I met him, he asked me if I would take ten sovereigns for him to a coffee house in Orange-street; that I should there see a tall, stout man, very dark, with spectacles on; that I was to ask him if he was waiting to see Mr. A—and if he said yes, I was to ask him what he was waiting to receive; and if he said 10l., I was to give him the ten sovereigns—I went there, and saw a person exactly like the one he described, and gave him the money—I did not

stop there two minutes—I then went to meet the prisoner at Tom's Coffee-house, Holborn, nearly opposite Day and Martin's—he had appointed to meet me there, on my return from Orange-street—I told him that I had seen his friend, and given him the money, and it was all right—he then gave me a sovereign, and gave me a small parcel to take charge of for him—he told me to take particular care of it, and asked me where I lived, in case he should want it in a hurry—it was a small parcel, about four inches wide, eight or nine inches long, and about half an inch thick—it was a very heavy parcel I never knew the contents of it—I told him I lived at No. 36, Blenheim-street, Chelsea—he said, "Why don't you get apartments in town?"—I said I thought I should do so shortly—the parcel remained in my possession something less than a fortnight (I had seen Agar in the meantime at Humphries's)—at the expiration of ten days, or a fortnight, he asked if I would meet him the following morning, and bring the parcel with me—I met him at the Black Horse, in Coventry-street, Haymarket, the next morning, and gave him the parcel—he asked me to meet him again the following evening, at the same house—I did so, and he then gave me another parcel—he told me to take particular care of it—that parcel was never opened until after his apprehension, I kept it until then—about the middle of July, he asked me if I had ever transacted business at a banker's—I told him I had repeatedly—he said he should want me to do a little for him some time—I believe that was all he said about it at that time—this was as we were walking from the Black Horse towards Oxenden-street—on 4th Aug. I moved from Blenheim-street to No. 61, Theobald's-road—on that day I met the prisoner by accident in Southampton-row—he spoke of the current things of the day, and then I think he said, "Can you meet me on Monday night?"—this was on Saturday, I believe—I told him that I had moved to Theobald's-road that day, or that I was going to do so—he said he wanted me to take a cheque for him to get the money—I do not know whether he mentioned the amount of the cheque that day, or on Monday—before this, he asked me if I should like to earn 100l.—I cannot positively say whether that was said on the Saturday, or the Monday, but I believe it was on the Saturday—I said I should, and asked him what it was to do—he said it was a matter where there was some little risk to run, but if I minded his instructions no harm could come of it—he then told me it was to present a cheque at a banker's for payment—I do not think he told me the name of the bank then—he said, "Take the cheque and present it in the usual way"—he did not produce the cheque to me then—he said, "If they ask you any questions you may judge then that it is wrong; they will most likely take you round to the manager's room, and ask you who you brought it from"—and I was to say from Captain Pellatt, of the Euston Hotel, and if they asked me if I was his servant I was to say, "No, a gentlemen as I was passing the Euston Hotel asked me if I would take a note to Mivart's Hotel to Captain Fitzgerald, "to hurry there and back, and merely give it to the porter"—I was to say that on my return to the Euston Hotel the gentleman asked me many questions as to my character, and that he then asked me if I would take a cheque to the banker's and get change for it, and that I consented to do so—that was the story I was to toll if I was taken into the manager's room, and asked questions—I think that was all that was said on that occasion—nothing was given to me at that interview—these conversations occurred so frequently that I can scarcely say upon which day the separate conversations were—I met him on the Monday at Tom's Coffee-house—he said to me on

the Saturday, "As now you have got up to this end of the town, can you look in at Tom's Coffee-house every night at 7 o'clock, and if I am there I shall see you and I will follow you out"—I met him there on the Monday and Tuesday outside the coffee house—it was on those occasions that the conversation I have related passed—I could not pledge myself as to any particular day—on Tuesday, 7th, he appointed me to meet him at about half-past 3 o'clock on the following Saturday outside the coffee-house, in King-street, Holborn—I was to walk up and down there until he came—I' did meet him there between 4 and 5 o'clock—I walked up and down the street until he came—he then asked me if I thoroughly understood what I had got to do, and asked me to repeat to him what his instructions were—I did so as well as I could, and he said, "You'll do"—he then said, "Take this cheque"—he produced it at that time, and also gave me a canvas bag and a half-sovereign—he said the cheque was dated for the following Wednesday, and he told me to go on the Wednesday, and I was to take a cab or walk to Sey-mour-street, Euston-square, first, I was to get a sheet of blank paper and an envelope and address it to Captain Fitzgerald, at Mivart's Hotel, to take a cab from Sey-mour-street and drive to Mivart's Hotel and leave the note, and then drive back to the Euston Hotel—I was then to go on to the bank with the cheque and get a glass of ale on the road, so that the change of the half-sovereign and the cab hire and the price of the ale should correspond with my statement—he said, "Take the cheque and present it in the usual way, if they ask you how you will have it, say 10 fifties and 200l. in gold, and if you get the money all right come back to me in Southampton-row, Bedford-square, or Russell-square; I will be walking about there."—he said if I saw him I was to take no notice of him, but give him the money and meet him next morning at 11 o'clock, at Tom's Coffee-house, and he would give me the 100l. in gold, but if I was detected he should not expect me after 6 o'clock, he should not wait after 6 o'clock, he should then watch the morning papers, and he said they could not do anything to me if I kept to that statement—he then gave me the cheque—after this I made a communication to Mr. Mullens, I believe on Monday, the 13th—Mr. Mullens gave me certain directions, which I followed—On Wednesday, 15th Aug., I walked up to Eaton-square and inquired at the hotel if Mr. Pellatt was there—the waiter said she believed he had slept there last night, but he was not there then—I then took a cab from there and drove to Mivart's Hotel in Brook-street, and left a letter there—I then drove back again to the Euston Hotel and paid the cabman—I then walked towards Lombard-street—I had a glass of ale on the road and some dinner, and then I rode outside an omnibus to the bank—I changed the half-sovereign for the cab hire and paid for my dinner out of the change—I got on to the omnibus in New Oxford-street and got to the bank a little after 3 o'clock—I went to Stevenson and Salt's banking-house in Lombard-street and presented the cheque—I gave the canvas bag which the prisoner had given me, and something was put into it by one of the clerks, I did not know what it was, I did not see it—I saw Mr. Mullens there—the bag was given back to me tied up, I took it in my hand outside the bank door—I was instructed to do so by Mr. Mullens—when I got outside the bank I put it in my breast pocket—I walked direct down the Poultry and Cheapside and up Holborn, and to Southampton-row—I got there about 4 o'clock and walked about there for some time—I walked from there towards New North-street, and had a glass of ale at a public-house—I walked from there to Bedford-row, and was standing there some little time when the prisoner came up to me at the corner of Bedford-row and Theo-bald's-road

—he came up to me, shook hands, and asked me if I had got it all right—I said, "Yes"—he looked across the road, and said, "Who are those two fellows over the way?"—I said I did not know, he looked round again and said, "They are following us, walk this way towards Holborn"—he then said "Sling me the stuff, and then I will run for it"—I gave him the bag—before I gave him the bag, he said to me, "How b——y careless you were in putting the bag in your pocket at the bank in Lombard-street"—I do not recollect that he said anything further—he said that I believe as we turned down Eagle-street, or one of the little streets from Bedford-row—it was after he said, "Sling me the stuff, and I will run for it"—I gave him the bag soon after, I could not at the moment, because the men were behind watching us, but as soon as an opportunity offered I gave it him, and he ran away as fast as he could—he told me to go into a baker's shop, and he would run to the fields, meaning Lincoln's Inn fields—he pointed to a baker's shop at the corner, so that I should not run the same way as he did—I saw him again in five or six minutes in custody of Thorogood and Goddard—I was also taken into custody by the officers, and we were handcuffed together—while we were at the Mansion House handcuffed together, he said to me, "It was your fault that I was taken, through running the same way as I did: but if you stick to me, if it costs me a thousand pounds I will get you out of it"—this was not said loud enough to be heard—we both sat on chairs together—it was before the handcuffs were taken off.

Cross-examined by MR. BALLANTINE. Q. How came they to be so unkind as to handcuff you? A. I believe it was their instructions—it did not surprise me—I had been acting as a friend of the public and of society—I could not help being handcuffed—I believe it was part of the trick—I was not aware that I was to be handcuffed, the officers thought it was necessary that I should be—I was not altogether innocent all through this transaction—possibly what transactions I have done have not been altogether honest—I was not joining in this transaction with a view to commit a forgery, I was acting innocently from the beginning to the end—I swear that—I never intended to present the cheque—I went to Mr. Mullens on the 13th—the conversation on the 4th was a queer conversation—I began to suspect then that Agar was not so honest a man as he ought to be—I did not make a communication to anybody on the 4th, nor on the 5th, nor, I think, on the 6th—I do not know why I did not—there was no offence committed—I thought what was spoken of I was not bound to tell everybody of at the time—I did speak of it about the 7th or 8th to Mr. Roe, on one of those days he is a hair-dresser—I do not know whether I told Mr. Mullens that I had told Roe—I have told him so—I do not know whether Roe is here—I have not seen him this morning—I believe he is to be a witness—I also told Mr. Humphries on the next day, I think, after telling Roe, on the Wednesday, the 8th—I have not seen Humphries here—I do not know whether he is to be a witness—I told Mr. Mullens that I had told Humphries—I was advised to go to Mr. Mullens by Humphries, and from that time I acted as an agent of the police, for the purpose of getting Agar taken into custody Humphries told me that Mr. Mullens was the attorney to the bankers, and that he was the proper solicitor for anything of that kind—Humphries at once lent himself to the discovery, and did all he could to suggest the means of discovery—he did not behave as if he were a very intimate friend of Agar's—I am a cabinet-maker by business, but I do carpentering as well—I am a master cabinet-maker—I do not at present carry on business at any place—I gave my address as King's-place—I gave it as King-street at first,

but I corrected it afterwards—I should have said King's-place—it is in Pall Mall—I did live there three years back—it was what is generally termed a lodging-house—they are let as lodging-houses, houses of assignation—it was not a brothel—I believe there is a distinction between the two—if parties came there to hire a room, to stop for any period, I never asked them their business—the question was never put whether they wanted to stop a night or a week—if any persons wanted to occupy a room, they could do so by paying for it—there were no women kept in the house—that is, no women for the purpose you imagine—I believe men and women could come and hire a room there for the purposes of fornication whenever they pleased—I never let a room myself—I derived a little of my livelihood from it—I was living there and keeping the house with my wife—I was not gaining a livelihood by that, I was still at work at my own business—I did not leave my wife to manage the house—my servants did—she was never seen in it—she did not attend to the door—I kept that house about two years, it might be three—I have been an eating-house-keeper at St. George's-street in the East—that is since that—I have been nothing else, except my own business of a cabinet-maker—I have never been in this Court before—I have been in the Old Bailey before, tried as a prisoner, but I do not know in which Court—that is between eleven and twelve years ago—I was then eighteen years of age—it was for baying a watch, receiving a stolen watch—it was only one article—I was convicted, and had twelve months—that was the only time—I am quite sure of that—I am not sure whether it was in 1849 or 1850 that I began to keep the house of assignation—I was tried here in my own name—I kept the brothel in my own name—I have always gone by that name, never by any other name, not for one day—I swear that—I do not know whether Humphries is a married man—there was a woman who passed as Mrs. Humphries—her name is Emily Campbell—I never did messages for her—I have gone out for spirits for her—I have not acted as servant at Humphries's house, but if I was asked to go on an errand, I did not hesitate to do so, and I have occasionally acted as clerk to Humphries when he has been out—he is a house agent and auctioneer—whenever I was there at work at carpentering, and he has said, "Smith, would you mind the office for to-day?"I have done so, and taken any names that came—I never knew him to act as an attorney, the only affair I knew of was when you had him at Bagnigge-wells for an assault, or some such case—I read of that, and I know of nothing more—I have known him to be engaged in collecting debts—he did not help me through the Insolvent Court—I have passed through the Insolvent Court in 1854—I never saw Humphries about that matter, to my knowledge—I do not know whether he is to be a witness; I have never heard—he had nothing whatever to do with getting me through the Insolvent Court—I did not know him at that time—he has never been concerned in preparing a bill of sale for me—I have not been very intimate with him—I have dined with him, at the same table with him and Emily Campbell—I do not know that the prisoner ran off with Emily Campbell—I swear that—I have heard it—I only know that the prisoner was living with her, in the name of Adams, from the evidence of the servant at the Mansion House, and from what Thorogood has told me—Humphries never spoke to me about it, and never alluded to it at all—Emily Campbell was not there at the time I made the communication to Humphries—I do not know that she was with the prisoner—she told me that she was away, with her mother, ill—she was not with Humphries—I do not know whether she

is with him now—I swear that—I have not seen her with Humphries—I do not know whether she is there or not—I saw her last, I should say, nearly three months ago, about a fortnight before this case first came on—I may have dined with Humphries four or five times—I was tolerably intimate with him, when I was there I had a long distance to go home, and he generally made me have a bit with him—beyond that, there has been no transaction between us—I swear that—I was not engaged in the transaction at Bagnigge-wells—I read of it, and was at one of the examinations, and on one of the occasions I dined with Humphries—I believe it was about breaking into a house in Ormond-street, to get away a child—I believe it was on the second examination that I dined with him—I am not sure whether it was the second or third examination—I was never in the house in Ormond-street—I am not the person who represented a Roman Catholic clergyman, and called himself Scholfield—I never called myself the Rev. Dr. Scholfield, for the purpose of getting into the house in Ormond-street—I was not supplied by Humphries with a broad brimmed hat, nor had I my face blackened for the purpose of not being seen—the whole of it is a fable, as far as I am concerned—I have heard of it before, because I was at the examination—I never had anything at all to do with it—I had not the curiosity to see what the first parcel contained which the prisoner gave me to take care of—I have no idea what it was—I gave the second parcel up to Forrester—it turned out to contain several forged plates—I have no idea why the prisoner should have trusted me with it—he gave me no reason, no more than I was to take care of it for him—I have never seen the forged plates, except when they were exposed at the Mansion House—I did not look at them—I had not shown them to Humphries or Mr. Mullens—I told Mr. Mullens that I had a parcel, and I told Humphries—he did not ask to see it—he asked me what it was like—Mr. Mullens did not ask to see it—I rather think 1 told him about it on Monday, 13th, but I could not be positive—he did not ask to see it—nobody ever saw it until I gave it up to the officer—I had on previous occasions presented cheques, and received money for them—that was all in an honest way—I do not know a Mr. Sid serf—I know a man named Sidd; his name may be Sid serf—they call him Said—I do not know that his name is Sid serf—I have not heard him called Sid serf—I do not know whether Sidd and Sid serf are the same person—I have repeatedly spoken to Sidd at Humphries's—I used to call him Mr. Sidd, not Sidd—I have known him dine there once, and only once—I do not know what he is—I have been a good deal with him lately—I have not been about the Court with him—I was not with him to-day nor yesterday—I saw him yesterday, but not here—I do not know anything about him—I saw him yesterday in one of the streets leading out of Gray's Inn-lane—I met him by accident, not by appointment—he and I have never had any talk on the subject of forged plates—I never learnt from him anything about his habits, or what his business was; I have always believed him to be a solicitor—I have seen him write at Humphriea's desk repeatedly—I believe him to be a solicitor from the style of his writing—I have never met Sidd here upon a former occasion, I never saw him here—I do not expect anything for this matter, more than my time to be paid for, I suppose—I have never said that I expected to get 100l., or that I would not take 100l. for my share, not to anybody—I am quite sure about that—I have seen a good deal of Roe since I made the communication to him—I saw him yesterday—I have told Roe that if I did not give Agar into custody, that Agar would

transport me—I cannot say the exact words I said—I said that Agar's object was, no doubt, to transport me, but he should not have the chance—I meant, by his using me as a tool in the matter—I should judge that was his object—I only give my own opinion—I do not know that I am right—I cannot recollect exactly what it was I said, or when it was; I kept no memorandum, it may have been three months ago; no, not so long, two months—it was since Agar has been in custody—I said this, that in the event of anything occurring, if I was taken for arrears of rent or anything, and these things had been found in my place, no doubt I should have been transported for the possession of them—I meant the forged plates—I have not had any money or clothes from Humphries since this matter has been going on, no more than what he owed me—I think he owed me about 2l. 12s.; I have had that in two or three different instalments; at one time he gave me, I think, 1l., at another time 30s., and the third time half-a-crown; I think that was how I received it—I have not had any clothes from him—I have not been concerned in any matter connected with a will with a person named Wisheo—I know Wychelo—I know something of a will under which Wychelo claims—I do not know that it is said to be forged—Humphries is also a claimant on behalf of Miss Campbell—I believe he was appointed executor to the last will.

MR. PAARY. Q. Is that all You know about this will? A. That it all—at the time I was in arrear of rent, I had the parcel in my possession that was afterwards opened at the Mansion House—it is twelve years ago since I was convicted about the watch—there was a fight at a public-house, between two men, and the watch was laid on the mantelpiece, the waiter got possessed of it, and showed it to me, and wanted me to boy it, I gave him 4l. for it—he owed me 2l., and I gave him 2l., more—I have presented cheques, in the way of business, at banking houses—the 2l. 12s. which I had from Humphries was for carpentering work that I had done for him.

JOHN DEVERRLL , Esq. I am a magistrate of the county of Hampshire, and reside at Purbrook-park, in that county. I have kept an account with Messrs. Stevenson and Salt for the last thirty years—this cheque is not my writing, nor signed by my authority, but it is a very fearful representation of it—I think it has been done by tracing paper, against a window—there is a tremulousness about the hand—I never signed a cheque for 700l., or authorised it—the transaction is a false one, as well as the signature—I have not the slightest idea how the prisoner could have got at my signature.

RICHARD MULLENS . I am solicitor to the associated bankers of the City of London, and conduct this prosecution. I first knew the witness Smith. on Monday, 13th Aug.—he made some communication to me, upon which 1 gave him instructions how to act—on the following Wednesday, the 15th, I attended at the banking house of Stevenson and Salt, in Lombard-street—I gave instructions to Forrester and Goddard, and two officers were placed in Glyn's banking house just opposite—about a quarter to 3 o'clock I noticed a man standing on the pavement opposite Stevenson's bank, smoking a cigar—he was under my observation altogether nearly a quarter of an hour—I was looking through the window blind of the bank—just about 3 o'clock a cab drove up very fast, and pulled up all at once exactly opposite Stevenson's window, where the man was—the person in the cab put out his hand, and beckoned to him, there was only one person

in the cab, and they spoke together very earnestly for a very short time; the man in the cab then got out, just said a word to the other man, and went away, and I saw no more of him—I observed the countenance of the man who was in the cab—I noticed him sufficiently to be able to form a belief as to who he was—I believe the prisoner to be the man—I wag just the width of the pavement from him—I was sitting at the window of the bank, and the cab drove up immediately to the window, on the same side—he got out of the cab on that side—I believe it to be the prisoner—I saw him again that same evening at the station-house—he was dressed much as he is now, I think, but not in a coat of that colour; I did not see much of his dress, because all the time he was speaking out of the window of the cab—I saw him get out, but he was away in an instant—all the conversation was while he was in the cab; I could only see his face, not his figure—when he got out, he walked quickly away—my impression is that it was a dark coat, not exactly a frock coat; it was cut away at the corners; I think it is called an Oxonian, but I would not undertake to say anything about it—I saw him again that same evening, but I have no idea how he was dressed then, I took no notice—from seven to ten minutes afterwards Smith came into the banking house—the man with the cigar remained—he was walking up and down before the banking house in Abchurch-lane until Smith came—the cab went away empty—the man who got out of it went away before the cab man could get on his box again, he went so quickly—Smith came in, and presented the cheque for 700l.—he brought this canvas bag with him—I put into the bag 200 farthings, and some marked pieces of paper, and tied up the bag—I had not arranged with any one what should be done—Smith did not know—I delivered the bag to Smith, and he carried it away—I gave him some directions as to putting it into his pocket as he went out—he carried the bag in his hand until he got outside the door, and I saw him stand on the pavement, and put it into his breast pocket—any person standing about would have an opportunity of seeing him.

Cross-examined. Q. Were you before the Magistrate in any capacity? A. I conducted the prosecution as the attorney—I made no opening of the case, I examined the witnesses—I was not examined—I did not think it judicious to call myself, while the other man was at large—I had at that time learned who that man was who was smoking the cigar—I thought it would have been injudicious to have been called at that time, although I affirm that it was the prisoner whom I saw—I am not aware that he had any conception of that fact until to-day—I gave notice to Mr. Wontner's clerk that I should be examined, but not as to what; yes, I did tell him about the man with the cigar—I did not tell him anything about the prisoner—in the progress of this case, Mr. Humphries has been to me when I have sent for him—I have seen him several times, perhaps a dozen times, more or less—I have seen him when I have thought it necessary to send for him—I do not know a person called Sidd, or Sid serf—I have heard of such a man—he is not a forger to my knowledge, or a coiner, nothing of the kind—I never knew him to be convicted, nothing of the kind—it is a totally different matter in which I have heard his name, nothing whatever connected with the Bankers' Association.

ELIZA BAILEY . I now reside at No. 7, Little Ogle-street, Marylebone. Up to the beginning of Aug. I was in the service of Mr. Humphries, at No. 19, King's-road, Gray's-inn—I think I was there three weeks or a month—during that time I frequently saw the witness Smith there at work

—I also saw the prisoner there frequently—sometimes two or times in a day—he has asked for Mr. Smith when he has called, was he there, had he been there, or whether I knew if he was coming—I knew the prisoner by the name of Jenkins—I have seen him and Smith in conversation together at various times, and have seen them drink together, and have meals together.

Cross-examined. Q. When did you leave Humphries's service; in Aug.? A. Yes—I was there, I think, three weeks or a month—he had a person living with him who was his housekeeper—she was my mistress—I do not know her name, and there was a lodger up stairs—some called my mistress Mrs. Humphries—they used to call her that, because they took her to be the housekeeper—I called her Mrs. Humphries—I think her name is Campbell—I never interfered with their affairs, it was nothing to me—I know Smith well—my father used to work for him some years ago—I have sometimes seen him with Humphries, I might have done so very often—I do not know whether they have been together a long time—I do not know that they have been together for two or three hours at a time, I never saw them, they might have been so, but I never stopped—I opened the door to him, and then left him—he was doing the door when I left—I have not seen him and Humphries a good deal together, I have seen them together—I think they have dined together—I have waited at table when they have dined together—he was working for Mr. Humphries, doing the door—I have seen him as much with Mr. Jenkins—I was not before the Magistrate.

HENRY GODDARD . I was for many years an officer attached to Bow-street office; I have retired. I was engaged by Mr. Mullens to assist in the detection of this affair—on 15th Aug. I went to Glyn's banking house, in Lombard-street, which faces Messrs. Stevenson's—I saw Smith go in and come out—before that I saw a man standing about five or six yards off, leaning against the side of the building—he was doing nothing, but merely looking towards the banking house—the fact is, there were two men—I observed one standing by the banking house for some time, looking towards the entrance, and shortly after I had observed him, I saw another man—whether he got out of the cab or not I do not know, but I saw a man standing opposite the door smoking a cigar—I have seen that man since, and have heard his name to be Pearce—I have endeavoured to take him into custody on this charge—I have not been able to trace him at all, not beyond his place of residence, at Kilburn—I saw Smith come out of the banking house; he remained a few seconds outside the door, and put a canvas bag something similar to this into his side coat pocket—Thorogood, a nephew of Forrester's, was with me—I cannot say that I observed the man with the cigar at the time Smith came out, because my attention was then directed to Smith—Thorogood and I followed Smith to the neighbourhood of Bos-well-court, and Theobald's-road—I saw him at last in Bedford-row—after being there some time he was joined by the prisoner.

COURT. Q. Had he been joined by anybody before? A. Smith was in a public house by Boswell-court, and a person of the name of Humphries, I understand, came in there—I saw him there—he was in there about six or seven minutes.

MR. BODKIN. Q. What part of the house did Smith go into? A. First into the bar, and then into the parlour—I was in the house, and went into the parlour also—he and Humphries were together in the public house about

five minutes—Thorogood was there also—we were all close together in the parlour—we were not sitting, we were standing—I heard what they said—I heard Humphries say to Smith, "He will not be here, "meaning, as I understood at the time, the prisoner—he said, "He will not be here now he will be at my office at 5 o'clock"—I do not know whether Smith made any answer—I am not aware that he did, I cannot recollect—this was said by Humphries openly, so as to be heard by me and Thorogood—Humphries then left the house, and Smith went out afterwards, and I after Smith—I saw what became of Smith until he joined the prisoner at the corner of Bedford-row—he did not join Humphries afterwards—Smith was walking up and down at the end of Bedford-row, and the prisoner came and joined him, and they shook hands—they remained in conversation for a very short time, and walked together up Bedford-row, and turned the corner of a street leading into Red Lion-square—the prisoner looked back—they walked on to Red Lion-square, and crossed Red Lion-square, the prisoner occasionally looking back, down Leigh-street into Eagle-street, and then into Kingsgate-street, where I lost sight of them for a few seconds—when I turned the corner of Kingsgate-street, I saw Smith, and he waved his hand, and said, "That way, that way, down Turnstile"—I went on down Turnstile, Thoro-good was on before me—I pursued down Gate-street into Great Queen-street, and saw the prisoner being led out of Parker-street into Queen-street by Thorogood—I did not see him taken, Thorogood was on before me—he and I had raised the cry of "Stop thief!"in Queen-street—I took him into a shop there, and as I was leading him into the shop Thorogood turned back and brought Smith in—I directed that they should be handcuffed together—the prisoner asked me what it was for, and said he would go quietly—I told him it was for uttering a forged cheque at the banking house in Lombard-street—I said, "This young man," pointing to Smith, "has been followed from the bankers, where he has uttered a forged cheque; have you received anything from him?"—he immediately put his hand into his pocket, and gave me this canvas bag—I said, "From whom did you receive this?"—he said, "He gave it me," pointing to Smith—that was all he said—I then took him to the Mansion House—they were together there in a room—there was no examination then, it was after hours—I observed that they spoke to each other, I did not hear what they said—I was at the Mansion House at the first examination—Smith was then examined as a witness—after the examination was over the prisoner said, in the room, that he was as innocent as the child unborn; that he was like an innocent man going to the slaughter; that he was innocent of this case—he said he had not knownn Smith, he never had more than a dozen words with him in his life—on the same evening that the prisoner was taken into custody, the 15th, I went to Smith's lodging, in Theobald's-road—I saw a parcel taken from a little box there—Smith gave it to Forrester—Smith was not committed at all—on 4th Sept. I was with Thorogood, in Union-street, Black-friars—we followed a man who came out of a public house there—it was the man that I saw smoking the cigar in Lombard-street, the man they call Pearce—he went to Mr. Wontner's office, in Snow-hill—there had been two examinations previous to that—I think the prisoner was not then committed—Mr. Wontner had acted as his attorney—I was there, I heard him put questions to Smith in cross-examination—some time after Pearce had gone into Mr. Wontner's office, I and Forrester went in—I waited at the door—I did not see Pearce come out, in fact, I went away to fetch Forrester

from the Mansion House, leaving Thorogood on the spot—when Forrester came he went in, and I went in with him—Mr. Wontner was there—some inquiry was made—I have never seen the man since.

Cross-examined. Q. You were a long time before you recollected about the prisoner saying he had not exchanged a dozen words with Smith in his life? A. I was—it is not mentioned in my deposition—this is the first time the prisoner has had the opportunity of hearing it from me—I have no recollection of his saying it was a plant put upon him by Humphries—I did not hear him say so, or anything to that effect—I do not recollect his saying anything of the sort, not to me—I do not recollect his making use of the word plant—he said he fancied there was some woman at the bottom of it—he said that Humphries wanted to cheat him out of 200l. odd, that he owed him—I heard him say that he was going to receive 200 sovereigns but I did not understand from whom, and he thought that the money he gave me was that money.

COURT. Q. Was that after the bag had been opened, and found to contain 200 farthings? A. Yet, some time afterwards—I think he said it before that—it was before the examination—he said he thought it was the 200 sovereigns he was going to receive.

JONATHAN THOROGOOD . I am not an officer—I am nephew to John and Daniel Forrester, the Mansion House officers—I was employed in this case—on Wednesday, 15th Aug., about a quarter to 3 o'clock I went to Lombard-street in company with Goddard—I went into Glyn's banking house to watch Stevenson and Salt's house—I saw Smith, and I saw a man standing outside Stevenson and Salt's, whose name I have since ascertained to be Pearce—I saw him standing there, and also walking up and down, and smoking a cigar—I saw Smith go into Stevenson's—the man was not there then—I watched Stevenson's house, and saw Smith come out with a bag in his hand—he stood on the pavement opposite the door of the banking house, put the bag into his breast coat pocket, buttoned his coat up, and walked away—I saw a cab opposite the banking house—I saw the cab before the man was walking up and down—the man and the cab were there at the same time—I did not see the man get out of the cab—I saw the man with the cigar in his mouth walking up and down by the cab—he was not there when the cab drove up—he was there while the cab was there—he was not walking there before the cab came up—he was walking up and down there whilst the cab was standing there—I did not see him until just after the cab came up—I was put there to watch for a party going into Stevenson and Salt's banking house—I followed Smith with Goddard until he came to Bedford-row—I saw him go into a public house as he went along, at the corner of Boswell-court—at that time he had the bag in his breast pocket—I went into that public house—I afterwards followed him to Bedford-row, and there saw the prisoner meet him—he came from up John-street, I believe—they shook hands with each other—I saw them talking together I should think between three and five minutes—they then walked up John-street together, talking—they walked up several turnings through Red Lion-square, till they came into Kingsgate-street, Holborn—when I turned into Kingsgate-street I missed the prisoner—I ran up and spoke to Smith—I ran across Holborn, down New Turnstile into Gate-street, Great Queen-street, Little Queen-street, into Parker-street—I saw the prisoner running during this time; not the whole of the time, but from time to time—I am sure it was the same person that I had seen with Smith—I called out, "Stop thief!"—I am not aware that that was

cried by anybody else except myself—the prisoner heard it, and turned back and looked at me several times—several persons attempted to stop him—when I was turning into Parker-street, he was walking towards me with his hat off—I laid hold of him—he said, "You have made a mistake; down that way, down that way!"pointing with his finger, "I have done nothing"—I said, "Come on, you will hear presently"—Goddard then came up, and he was taken into a shop in Little Queen-street—I went out of the shop, and took Smith—he was amongst the crowd in Little Queen-street—he had followed Goddard—Smith and the prisoner were then handcuffed together—the prisoner said to Goddard, "I have done nothing, what is it!"—Goddard said, "The fact is, this young man, "pointing to Smith, "has been watched from the banking house, in Lombard-street, and you have received something from him; what have you done with it?"—the prisoner put his hand in his breast coat pocket, took out this bag, and gave it to Goddard—Goddard said, "From whom did you receive this?"—the prisoner pointed with his finger to Smith—Forrester then came up; he was in the neighbourhood, and they were taken to the Mansion House—at the Mansion House I saw them talking together, but I was not able to hear what they said—I know the house, No. 7, Stanley-place, Paddington—on 18th Aug. I watched that house, and about 7 o'clock in the evening, I saw the same man that I had seen smoking outside the banking house in Lombard-street, come to that house with another man, a Jew looking man—on 4th Sept., I was at Kilburn, and saw the same two men at the Red Lion there—I followed that man as far as Mr. Wontner's office, in Skinner-street—I have never seen him since—I have endeavoured to find him.

Cross-examined. Q. You say you followed Smith into a public house? A. I did, at the corner of Boswell-court—Humphries came in afterwards, and they had a chat together—I heard what they said—when Humphries came in he said, "Oh, here you are, "and he laid hold of Smith's arm, and said, "Come this way, "and took him into the parlour—I followed them in—Humphries said, "Have you got it?"and Smith said, "Yes, "touching his pocket—Humphries said "Pull it out, and let us see it"—Smith did not attempt to pull it out—I stopped their conversation immediately—I said, "No, not in my presence, for if you take it I shall take you into custody; my instructions are to take the first man that Smith gives the bag to."

JOHN FORRESTER . I am an officer of the City. On 15th August I took the prisoner into custody at a shop in Little Queen-street, Lincoln's Inn Fields—I told him he was taken for a forgery—Goddard was there at the time, and I think he had told him previously what it was for—the bag was handed to me by Goddard—the prisoner and Smith were then taken to the Mansion House—I searched him there—I found on him several keys, amongst them a street door key, which I afterwards found fitted the door of No. 7, Stanley-place, Paddington—on the evening of 15th August I went to Smith's lodging, and in Goddard's presence took possession of this parcel (produced)—it was under a table, I think in a box, and he pulled it out, and gave it to me—it was tied up very tight—it contains some engraved plates for cheques of five different bankers, two of Robarts' and Curtis', one of Ransom's, one of Glyn's, and one of a Banking Company at Jersey—there are also thirteen pieces of paper, counterfoils of printed cheques, four blank cheques of Hill and Sons, and two of Lacey and Sons, Bankers, in Smithfield, forty-nine of the Eastern Bank, Norwich, sixty-nine of Coutts', three sheets of tracing paper, a forged 5l. Bank of England note, and a forged 10l. Bank of England note, three blank cheques, and some types.

Cross-examined. Q. Did you find any memorandum on the prisoner, connected with money matters between him and Humphries? A. No; I have a book here, which has the name of Humphries in it—that was taken from a portmanteau at the prisoner's lodging—I found that Emily Campbell was living at the prisoner's lodging—they were living together under the name of Mr. and Mrs. Adams.

ELIZABETH SCURRY . I am servant to Mrs. Hurst, of No. 7, Stanley-place, Paddington—in August last, the prisoner lodged there—he passed by the name of Mr. Adams—about 18th or 20th August I gave a portmanteau to Forrester—the night before that, a person made application for it, and I refused to give it up—I gave it to Forrester on the Saturday morning.

Cross-examined. Q. Do you know what has became of Mrs. Adams? A. No; I do not—she has left the house.

MR. BODKIN proposed to adduce evidence for the purpose of showing that forged cheques, impressions from the plates found at the witness Smith's lodging, and stated to be given him by the prisoner, had been successfully used on other occasions.

MR. BALLANTINE did not object, but MR. BARON ALDERSON was of opinion that it was not admissible, as it had no tendency to confirm the evidence of Smith, upon whose testimony the cam entirely depended.

ROBERT ALEXANDER TILCOOK (City policeman, 61). The prisoner was brought to Bow-lane station—I asked him his name and address, which he refused to give—he said he was a tailor by business.

(The cheque for 700l. was dated August 15th, 1865, drawn by John Deverell on Messrs. Stevenson and Salt, payable to W. Pellatt, Esq., or bearer.

GUILTY . Aged 30.— Transported for Life.

NEW COURT.—Thursday, October 25th, 1855.


Before Mr. Baron Martin and the Sixth Jury.

Reference Number: t18551022-944

944. THOMAS RALPH BARRELL , stealing 3 sums of 100l. each; the moneys of Robert Morgan Young and another, his masters: to which he

PLEADED GUILTY . Aged 29.— Confined Eighteen Months.

Reference Number: t18551022-945

945. GEORGE MULLEY , feloniously cutting and wounding Ellen Marney on her neck and throat, with intent to murder her. 2nd COURT, with intent to do her some grievous bodily harm.

MR. ROBINSON conducted the prosecution.

JOHN RIDGER (City policeman, 216). About a quarter-past 7 o'clock on the morning of 21st Sept., I was in the neighbourhood of Cock-court, Snow-hill—I heard cries of murder—I went up the court; I saw Ellen Marney come out of the house, No. 10, where the prisoner lives—she was covered with blood—she was taken by my direction to St. Bartholomew's Hospital—I returned to the house, No. 10—I went in the parlour on the ground floor—I saw the prisoner sitting on the bed undressed—there were three children in the room, one about nine years' old, one seven, and one four, I believe—I asked the prisoner who had committed the injuries on the woman—he said, "I did it"—I told him to dress, and I took him to the station—I searched him, but

found nothing on him—I returned to the house and searched, but found no knife, or any weapon—in consequence of information, I went the next day and searched the place again—I found on the staircase this knife, it was on the last stair leading from the parlour into the cellar—it was partly closed and quite wet with what appeared to me to be blood.

Cross-examined by MR. TALFOURD SALTER. Q. How far was it you took the woman? A. I merely took hold of her, she went down the court—I did not see who she went with—it was scarcely five minutes from the time I first saw her till I entered the house—the room is on the ground floor leading into the passage—the door was open, and through that door I went into the room where I found the prisoner—there was no appearance of beer pots or signs of drinking—there were some wine glasses on the table—there might have been matters in the room which contained liquor—there was nothing in the cellar—there is a staircase out of the parlour into the cellar—the prisoner was very much agitated at the time—he looked to me to be sober.

CHARLES PIERCY (City policeman, 10). On the morning of the 21st, I met the woman bleeding from a wound in the throat—she was 30 or 40 yards from the prisoner's house—I took her to the hospital—I went to the house—I found a hole in the floor which went down into the cellar—I saw the prisoner at the station—he was cautioned, and asked what he did it with—he said, "I did it with a pocket knife; I don't know where it is."

ELLEN MARNEY . I have been living with the prisoner as his wife for the last twelve months—on Friday, 21st Sept., I was with him in our room in Cock-court, there were the children in the room, his children by his first wife—I asked him if he was going to give me the money that he promised to give me to go to market—he made me no answer—he was undressed, I was dressed—my mother came to the door about half-past 6 o'clock—he would not let me open the door—I asked him what was the reason he would not let me open the door to let my mother in—he said, "I am undressed"—I said it was not the first time she had seen him undressed—he said "Let your mother go away, I will give you the money"—I told my mother to go away, and said I would meet her in Farringdon Market—she did go—the prisoner then got up and went to my box, and sat down for a few minutes on the box—he took two dirty dresses off my box and threw them on the floor—he said, "You have been talking a long time about going, you had better go now; gather up your things"—I asked him if that was what he meant—he said, "Yes"—I said I had very little going to what I had coming; "I brought more things to you than I am taking away"—I went to pick them up to put them where there were some more dirty things, and as I stooped he drew a knife across my throat—I did not see the knife in his possession—I did not see any more till I saw the stream of blood, and I cried "Murder"—I tried to get away—I ran towards the door, but the door was locked—he then began stabbing me about the head and shoulders, and gave me very severe wounds in my head with his fist; but he stabbed me with a knife in two places on my shoulder, one on my temple, and another under the ear, and one on my thumb—from the effects of these blows and wounds I dropped, and thought I was dead, but I was sensible afterwards—as soon as I dropped he ran into the cellar—I afterwards got up as well as I could, and got to the door—he bad the key that locked the door in his pocket, but it happened that I had a key—I opened the door and met the policeman—I was taken to the hospital—on previous occasions the prisoner had used language towards me of a violent character—he called me very bad names the night before this happened, and said he would do for me if I was to leave

him—I haw threatened to leave him, and he said he would do for me—he has several times threatened me within the last three or four months—I remained in the hospital a month last Friday.

Cross-examined. Q. I am afraid the prisoner has been in the habit of getting intoxicated? A. No, he has not—I never did see him out of the way much—he used to have a little—it was not usually on those occasions that he used this language—I recollect what I was doing the night before this—I went to bed about 11 o'clock—he was with me then—I had not been out all day—I had been at my mother's about 9 o'clock—my mother had called—the prisoner was with me at my mother's—we were on very good terms.

EDWARD MORRIS . I am house surgeon at St. Bartholomew's Hospital. On Friday morning, 21st Sept., I found the last witness in the surgery—I examined her, and found a wound, five inches and a half in length, extending from the left side of the neck, at the lower part, obliquely across the front of the neck towards the right ear—it was an incised wound—it was superficial in the first part of its course—at the right side of the neck it had cut the muscles about half an inch—I found another incised wound, nearly dividing the skin, but very superficial; another wound behind the left ear, about an inch long, merely dividing the skin; two other incised wounds on the left shoulder; another wound on the left temple; another, an inch and a half long, on the left thumb—all these were incised wounds—in my judgment, this knife is an instrument with which they could have been inflicted—here is blood on the knife now—I found other injuries on her person—there were severe wounds about the left eye; a laceration on the lobe of the left ear—the lobe of the ear was torn, and the ring, which goes through the lobe of the ear to suspend the earring, was broken—I did not consider that her life was in danger.

GUILTY on the 2nd Count. Aged 36.— Transported for Life.

Reference Number: t18551022-946

946. WILLIAM MEKKS , stealing 1 handkerchief value 3s.; the goods of William Coleman.

(The prosecutor did not appear.)


Reference Number: t18551022-947

947. WILLIAM MEEKS was again indicted for assaulting Thomas Haydon, a constable, in the execution of his duty.

THOMAS HAYDON (City policeman, 588). About 4 o'clock in the afternoon, on 21st Sept., I was on duty, and saw a mob of persons at the bottom of the Minories—I ran down to see what was the matter, and a gentleman had the prisoner by the collar—he said, "He stole my handkerchief; I give him in your charge"—I took him, and led him three or four paces—he then said, "What the b—y hell do you want with me?"—I said, "You are given into my custody"—he went down, and kicked me very violently in the lower part of my body—I called for assistance—I was not strong enough to keep him—he bit the person's finger who came to assist me—the prisoner had been given into my custody by a gentleman, for stealing his handkerchief—the handkerchief was picked up and given to me.

Prisoner. Q. Who gave you charge of me? A. A gentleman, who appeared to be a sailor—he said ho was a captain—a gentleman gave this handkerchief to me, and a sailor said it was his handkerchief—you kicked me twice in the chest, and likewise in the lower part of my body—there was no other constable present at the time you kicked me—there was one came up afterwards—I used no violence to you—I threatened you—I told you if you kicked me again I would knock you down.

GEORGE ARNOLD . I am a porter. I saw the prisoner in custody of the policeman—I saw the prisoner down, and the policeman scuttling with him—the policeman called me to aid and assist—I did so, and the prisoner bit my finger.

Prisoner. Q. Did you see anything of this handkerchief? A. I did not—I am a porter by trade—I was not out of employ at that time, I was in employ—I saw you kick the policeman in the chest twice—he called me to assist him—I caught hold of you, and you caught hold of my finger—I said, "Let go my finger"—you went about 100 yards, with my finger in your mouth, more like a dog than a human being—the policeman was there—he did not get me away from you.

Prisoner. Then he did not do his duty. Witness. I think he did—if he had not, he would have knocked you down—you kicked him twice in the chest in my presence—I cannot say that I saw you kick him any when else.

Prisoner's Defence. I am a costermonger. I left my barrow and walked a little way, and turned down by the Crooked Billet; I heard a gentleman call, "Stop thief!"and he came after me, and shoved me; I asked him what he was doing, and he said I had picked his pocket; I said, I had not; I opened my hand and said, "Look at my hand; do I look like a man that gets his living by thieving?"he gave me in charge to this policeman; the handkerchief was picked up by some person, and given to the gentleman, and the officer snatched it out of his hand, and said, "You must come along with me for your handkerchief;" he said, "I will, "and he went to the station, and accused me of picking his pocket; he said, he never saw me take it; nor saw me with it; nor saw it picked up; I never had it in my possession; I think that I stand before this bar quite innocent of that; the punishment I have gone through for a month or five weeks, I think sufficient; I know I assaulted the policeman, but I was used in a most shameful manner; he got me down and trampled on me, and tore my trowsers all to pieces; he took his staff out and said, "I won't let you get up till you promise you will go quietly; "I said, I would if some one would mind my barrow; I had no person with my barrow, and it is gone; I called on the public to know if this was treatment I ought to have, and two or three gentlemen said it was a shame, but I could not get their names; I tried to get away to mind my barrow; this witness put his hand over my mouth to prevent my hallooing out; I bit his finger, and I believe I bit it severely to save myself from being choked by his hand; I got to the station, and there they used me ten times worse; they got me down and twisted my hands back, and said they would twist my arms clean off; I went quietly to Arbour-square, and I asked to have the gentleman produced to give up the handkerchief, but the Magistrate would not allow it.

GUILTY . Aged 24.— Confined Six Months.

Reference Number: t18551022-948

948. JAMES M'CARTHY , stealing 1 handkerchief, value Id., the goods of a man unknown, from his person.

THOMAS HAYDON (City policeman, 588). I was on Tower-hill, on 16th Oct.—I saw the prisoner there—there were twenty or thirty persons round a menagerie, and the prisoner went behind a young man, and took a handkerchief out of his pocket with his left hand—I went up and took him—I told him I was an officer—I took the handkerchief and took the prisoner, but I had been laid up and was not strong—I gave him to Denny—I went to look for the young man who lost the handkerchief, and he was gone.

PETER WILLIAM DUNAWAY (policeman, H 129). I assisted in taking the prisoner—I came up and saw the last witness had him in custody—I heard him say, "Let me go, let me go, or if you don't, I will give you a punch in the eye"—the witness said, "Take this man, he has just picked a pocket"—I took the prisoner—he said, "Who are you?"—I said, "I am a police constable, come along"—he said, "Let me go"—but another officer came up—the prisoner was very violent—he struck me twice, and made several kicks at me—we got him to the Shipping-office, where there was a man in uniform—I asked him to assist me in putting the handcuffs on the prisoner—he was very violent, and kicked that officer very violently in the stomach and the thigh as he was going along—there was a little child, and he kicked the child under the thigh; but the inspector thought the child was too young to go before the Magistrate—the prisoner said afterwards that he was in such a rage that he did not care what he did, nor what became of him.


(The prisoner was also charged with having been before convicted.)

JOHN CORFIELD (policeman, P 124.) I produce a certificate of the prisonar former conviction—(This certified the prisoner's conviction at this Court, in Jan., 1849, of larceny, after a previous conviction, and that he was sentenced to be transported for seven years)—the prisoner is the man.

GUILTY.** Aged 36.— Transported for Fourteen Years.

THIRD COURT.—Thursday, October 25th, 1855.


Before Russell Gurney, Esq., and the Eighth Jury.

Reference Number: t18551022-949

949. ANNA STAPLES , unlawfully endeavouring to conceal the birth of her child: to which she

PLEADED GUILTY . Aged 28.— Confined Three Months.

Reference Number: t18551022-950

950. ELLEN BRYANT , unlawfully endeavouring to conceal the birth of her child: to which she

PLEADED GUILTY , and her mistress gave her a good character. Aged 24.— Confined Six Months.

Reference Number: t18551022-951

951. WILLIAM BROWN , stealing 5 hides, the property of William Robert Shore, his master.

EDWARD SIMMONDS COOPER . I am a leather seller, of Commercial-place, City-road. On Friday evening last, about 8 o'clock, the prisoner came to me, and told me he knew a party who had five hides to sell, which he wished me to purchase—I told him he might bring them—I knew him, and made a communication to his employers—on Saturday evening he came, and brought five hides—he expected payment for them, but I put him off, and told him to come on Monday evening; they were worth 40s. or 42s.—he asked 35s. for them, which excited my suspicion—these are the hides (produced)—I can swear to one of them.

JOHN TAYLOR . I am clerk to William Shore, a leather manufacturer, of No. 40, King William-street The prisoner was his warehouseman—here is my writing on the back of one of these hides, written on 4th Oct.; it is the property of my master, and had not been parted with before Friday last to my knowledge—the others resemble my employer's property.

WILLIAM ROBERT SHORE . The prisoner has been in my employment for the last nine years; he had charge of the warehouse, and locked it up—I have no doubt that these hides are mine, one in particular—seven are missing out of my stock.

THEODORE HALSTEAD POULCHER (policeman). I took the prisoner the day before yesterday—I told him I was a policeman, and had reason to believe he had been endeavouring to dispose of property which did not belong to him—he said that he had no idea of that—I took him to Mr. Cooper's, and asked him if that was the man—he said, "Yes"—I said "Do you choose to give me any account of how you became possessed of them"—he said, "They are mine"—as I took him in a cab to the station, he said, "I am not bound to say how I got them"—I found on him this invoice of the five hides at 35s., and these betting books (produced).

GUILTY.—Recommended to mercy by the Prosecutor .— Confined Six Months.

Reference Number: t18551022-952

952. JOSEPH M'MORAN was indicted for bigamy.

MR. SLEIGH conducted the Prosecution.

WILLIAM BRIDGER . I am an engineer, and live at Reading. I think the prisoner was an engineer also—I remember his being married to my sister by licence, in 1842, at the parish church of St. Giles, Reading, in my presence—he had no money with her that I am aware of—I saw her on Monday last—I saw the prisoner in her company three years ago, at my house at Reading—they had a child—he lived with her seven or eight years and left her, and then lived with her again for about a year and a half or two years.

Cross-examined by MR. TALFOURD SALTER. Q. Are you aware that he was under age at the time he was married? A. I do not know—I am not aware that he was apprenticed—he worked at Aylsham, and it is my belief that he was apprenticed at that time—my sister was more than thirty, but I cannot say exactly—it was a very hurried affair, we had but little notice of it—Eliza Taylor was present, there was no other relation there—he did not leave her by her own consent—she is not here—I was at Reading at the time he left her—I frequently saw him, but did not have much communication with him—they have lived together within the last three years—I do not know much of him.

JAMES KILNER . I am superintendent registrar of marriages for the Strand district, and live at No. 6, Bow-street. I performed the marriage ceremony under the form prescribed by the statute, between the prisoner and Anna Maria Life, on 22nd Sept., this year—the age given of the female is eighteen years.

Cross-examined. Q. What is the age given of the male? A. Thirty-three—the names of the witnesses are here—I do not know whether they are relations.

WILLIAM WINFIELD . I am the brother of the second wife.

Cross-examined. Q. Is your sister in Court? A. No—I have seen her here this morning—I am the prosecutor—I have not seen the first wife in the matter, but I know her well—I wrote a letter to her, and got no answer—that was after I had taken measures in the matter at Bow-street.

----SOAPER. I produce a copy of the register of the first marriage—I compared it with the entry in the parochial books; it is correct.

GUILTY . Aged 33.— Confirmed Twelve Months.

Reference Number: t18551022-953

953. HENRY MOORE , burglariously breaking and entering the dwelling-house of Joseph Gillett, and stealing 3 keys and 10 cigars, value 16s., his goods.

MR. GIFFARD conducted the Prosecution.

JOSEPH GILLETT . I am a baker, of No. 2, Anchor-and-Hope-alley, St. George's. On 20th Aug., about 2 o'clock in the morning, I was disturbed—the noise came from the front room—I awoke my wife, and then the dog barked—my wife was going into the room, but I called her back, and the prisoner came out of the room—as he was going downstairs I said, "That is that thief Moore, catch him!"—he had lived with me two years and a half—when I got up in the morning, I examined the front room—the drawer was wrenched open, and there were marks on the drawers, as if a chisel had been in them, and the lock was wrenched—the bolt of it was out of the socket—I missed three keys and a few cigars—I went to the back of the premises, and found a ladder leaning against the yard—when I went to bed, the premises were left on the latch—anybody lifting the latch could get in—the men used to go in and out to get flour—I never locked the door except on Saturday nights—the prisoner would know that.

EDWARD BELLRINGER . I was in the service of Mr. Gillett on 20th Aug.—I was at work in the bakehouse in the middle of the night—I heard an alarm—I went, and found the prisoner in the room under my master's bedroom—I had hold of the door as he was rushing out, and jammed him between the door and the post—he was stronger than me, and pushed away—I caught him in my arms, and two other men took up the ladder—we held him as long as we could, but he got away.

CHARLES TASKER . I was working for Mr. Gillett—I went to the room under my master's bedroom, and saw the prisoner coming out—I knew him previously, and said, "Is it you, Harry?"—he said, "Charley, let me go"—I held him as he got on to the ladder, but he got away.

WILLIAM CHARLES POTTER (policeman, M 212). From information I received, I went to the prisoner's lodging, at No. 4, Queen's-place, and found him under the bed—I told him he was charged with breaking into Mr. Gillett's house on 19th Aug.—he said, "I was not near Mr. Gillett's house on 19th Aug."—I examined the house—there is a wall ten feet high, and there was a ladder there.

Prisoner's Defence. On 19th Aug. I went to Aldershott, and was not near the premises at all.


(The prisoner was further charged with having been before convicted.)

JAMES BUTTON (policeman). I produce a certificate—(read: Clerkenwell—Henry Moore, convicted May, 1851, of stealing flour of John Miner, his master—Confined eight months)—I was present—the prisoner is the person.

GUILTY.** Aged 45.— Four Years Penal Servitude.

Reference Number: t18551022-954

954. THOMAS MILLER and HENRY WAKE , stealing on 20th July, 15 reams of paper, value 4l. 8s.; on 1st Sept 8 reams, value 4l. 3s.; and on 7th May, 20 reams, value 6l., the goods of Charles Samuel Millington and another, their masters; and THOMAS MOSS , feloniously receiving the same.

MESSRS. PARRY and METCALFE conducted the Prosecution.

CHARLES SAMUEL MILLINGTON . I am in partnership with Mr. Hutton, as wholesale stationers, at Budge-row, City. Miller and Wake have been in our employment, the one ten or eleven, and the other five or six years—Miller was a porter in the warehouse, and was well acquainted with all its departments, and where all the different kinds of goods were kept—Nash

was a carman in our employ—it was his duty to drive the cart for the town delivery—it was Miller's duty to select the goods from Mr. Gregory's list—in the course of business, a list of the goods required each day was delivered to him—it was his duty to see the cart loaded, and to check it by the invoices—if there were any papers besides those that were invoiced, he would be able to detect it—it was not the course of business to deliver any paper without an invoice—I know of no customer in Webber-street—Moss is not a customer of ours, and never has been—nor was Lewis, or any person in Mitre-street—Neale, the porter, helps to load the cart—Moss was apprehended on 15th Sept, and on the following Saturday, the 22nd, I took Miller and Wake up into a private room, and said I wished to speak to them separately—I said to both, "Now, what can you tell about this robbery business?"—they both said distinctly, "Nothing"—I said, "Yes, you do; you know Moss and Lewis, and especially Moss"—they distinctly stated that they knew nothing whatever of Moss and Lewis—a policeman was there, and I gave them into custody.

Cross-examined by MR. TALFOURD SALTER. Q. How long has Miller been in your employ? A. About ten years—during that time I have always had a good opinion of him—he was superior porter, not a porter to carry out goods—it was part of his duty to superintend the placing the papers in such a way as to be carried away afterwards, also to load the cart—he would have an assistant, but he was the responsible party—sometimes an order for paper is given over night, but I do not think the paper is got up over night, except as an exception—the whole establishment would have access to the place where the paper is sorted out—Miller would have a list of the goods from his superior, Mr. Gregory—he might be called Mr. Gregory's man—Mr. Gregory overlooks the arrangements, and gives him instructions—Miller sees nothing of the cart after it leaves the establishment—he was not taken till about seven days after Moss—he has denied all knowledge of the robbery from the first.

Cross-examined by MR. RIBTON. Q. How many have you in the establishment? A. Men, women, and children, about 300, but only forty or fifty in the warehouse; we have a factory also—we have two waggoners, and three horses—the paper Wake had to deliver in London would keep him employed all day—he would have to deliver scores of reams—some reams weigh a few pounds, and some a hundredweight—I do not know all the customers, but we have no customer whatever in Mitre-street—I have been in Mitre-street; it is near Waterloo Bridge-road, and not to Black-friars-road—we went down by the side of the Victoria Theatre—I know Charlotte-street, Blackfriars-road, that is not close to Mitre-street—one is on one side of Blackfriars-road, and the other on the other.

MR. PARRY. Q. Is each lot of paper separately packed, and an invoice made out for each customer? A. Each paper is separately invoiced to each customer, and the man would have to bring back a receipt note—Miller had been there a good many years, and thoroughly understood the nature of the business—nobody else had anything to do with the loading of the van for the town delivery except the boy.

ALFRED NEALE . I am porter to Messrs. Millington. It is my duty to assist Miller in loading the van—he selected the goods, and we both put them into the cart—I put in no goods except what he told me, he had the selection—he was not always there, he has been absent about twice during the last six months—I and the boy Joyce were the only persons who assisted him during the seven or eight months I was there—no person can

put things into the cart without Miller knowing it—he inspected it before it went off.

Cross-examined by MR. T. SALTER. Q. You sometimes selected the papers yourself under Miller's directions? A. Yes—I have sometimes made a mistake, and have been sent back again for other papers—before they are ready to be left in the cart, they are occasionally left some here in the warehouse, after being looked out—it has not happened that they have been selected over night—they may have been sometimes a couple of hours between looking out and sending—they have been left in a place to which other people have access besides Miller and I—all the people have access to that place—it sometimes happened, after we had loaded the waggon, that Miller left it before it started—he would be seal out, and leave the waggon, and see nothing more of it till it returned again—the waggon has sometimes been a good time in the place with the goods in it before starting—it occasionally remains drawn underneath the warehouse, and sometimes drawn round at the other warehouse, and that number of people are passing in and out.

SAMUEL JOYCE . I have been in the service of Messrs. Millington for some months. I go out with the van with Wake—the cart is loaded by Miller, with the assistance of Neale—I am sometimes present, and sometimes I have to go out—Wake drove the cart when it was loaded, and I went with him to take care of the goods—I know Mitre-street and Web-ber-street—about once a week the cart drove to the corner of Miter-street; it was stopped there, and I had to give Wake some double crown paper in reams out of the van, and tissue paper also, and he used to take them down Mitre-street, a good distance, and into a house, I cannot tell which house—I used to remain with the van—he took about six reams at a time—I saw no other person on these occasions.

Cross-examined by MR. RIBTON. Q. How long have you been with Miller? A. Ten months—I am what they call the dog—Mitre-street is a small street, running out of Webber-street, which runs into Blackfriars-road, but the cart used to stop just by the Waterloo-road—you cannot see Blackfriars-road from where the cart used to stop, it is about five minutes' walk from it, and close to Charlotte-street—Webber-street is narrow—the parcels of paper Wake took out were made up in the ordinary way, and my impression was that he was taking them to a customer—he generally stayed about five minutes, and I got out and stood by the horse's head—when he came back we went on, and delivered goods in John-street, Blackfriars-road—that is not far from Webber-street—I then handed paper out to him in the same way, over the side of the van—if we went home from them, we went by Blackfriars-road, but if we had to go anywhere else, he would perhaps go over London-bridge, and sometimes by Waterloo-road—we generally went over Blackfriars-bridge to go to Webber-street, and sometimes over London-bridge, if we had a customer—being over London-bridge we should get to Webber-street lower down, by the Surrey Theatre—there is only one customer near John-street and Webber-street, it is Scott and Hall's, in Charlotte-street—that is about ten minutes' walk from where we used to stop at the corner of Mitre-street, and it may be five—when we went over Waterloo-bridge, we used not to stop at Webber-street, but at the corner of Waterloo-road, just opposite Webber-street, not a minute's walk from it—it is the same place nearly—I know of no other customer there that we delivered paper to, except Scott and Hall's, and the customer in John-street

—I do not know a customer named Jennings, in the London-road—I first mentioned this to Mr. Millington on Saturday evening—Mr. Hutton, one of my masters, mentioned it to me first—I was in the parlour at the time he questioned me—he told me that the prisoners were in custody, but did not say what for—the officer Spittle commenced by asking me whether we stopped at those places.

ELIZABETH TILLEY . I am a widow of No. 5, Short-street, at the corner of Mitre-street—by going outside my door I can see down Mitre-street—I know Mr. Millington's van, and saw it stop there about a month or three weeks before I went to the police court—Wake and the boy were in it—Wake took a parcel of paper out, the boy helped him down with it—he took it on his shoulder, and went three parts of the way down Mitre-street, and into a house—I could not see which—it resembled this paper in the brown covers (produced)—it seemed to me that he remained ten minutes or a quarter of an hour, and then returned and drove away—I saw the name of Millington on the van; that drew my attention to it.

Cross-examined by MR. RIBTON. Q. What part of the van was it on? A. On the front of it—I was at the door, and caught sight of the name—I had known the name for a long time—it was in large letters—my depositions are signed with my mark—I can read a little, but cannot write—I only saw the van once—I only mentioned it to my daughter—I was asked to come here by Spittle—he came to inquire if I had seen the van—that was about a month after I had seen it—I see a great many vans pass day after day—Short-street is a great thoroughfare—Mitre-street runs into Short-street—you can get to Mitre-street by going through Short-street, and Webber-street is at the bottom—Charlotte-street is about five minutes' walk off—it did not excite any attention in my mind when I saw the man getting out of the van.

COURT., Q. When was it that you mentioned it to your daughter?A. When it was taken out of the van—I called her to the window and said, "Here is Mr. Millington's van."

REBEOCA RADFORD . I am the wife of John Eadford, a cab driver, of No. 15, Mitre-street, nearly opposite to where Moss lives, No. 36—from our house, we can see his well—I have seen Mr. Millington's van there—I saw it drive up against Mrs. Tilley's, and stop there—it had a grey horse, and the name of Millington was on the front—the carman brought down a very large packet of paper, and went into Mr. Lewis's, No. 36—I have seen Moss there, but do not know whether he lives there—this was about a month before I was asked about it—it was a very large parcel indeed, and was like sugar paper—there was a boy with the van, but I should not know him again—he did not come down the street.

Cross-examined by MR. RIBTON. Q. Are you an acquaintance of Mrs. Tilley's?A. No, no more than knowing her for a great many years—I did not see her for two or three years, till she took that shop six or ten months ago—I knew her a good many years ago, when she lived in Black-friars-road—her husband was an engineer—an officer came and asked me if Mr. Lewis lived opposite—I said, "Yes, "and at once recollected about the van and the paper—he asked me if I had seen any paper go in there—Lewis is a lucifer match box maker—I have had no conversation with Mrs. Tilley about it—I went to the Mansion House, and saw her there—I did not ask her if she had seen the van—I had no occasion to, because it stood close to her door—I passed at the time, and saw her see it—the man

followed me down the street, and took it into Lewis's—I did not see Mrs. Tilley afterwards—I deal with her, and may have spoke to her every day, but not about the van.

MR. METCALFE. Q. You saw the van stop there at the time Mrs. Tilley was there, have you seen it stop anywhere else? A. No.

JOHN SPITTLE (City policeman, 9). On 15th Sept I took Moss into custody—I said, "I am a police officer; I wish to know how you got the paper you sold to Mr. Smaile, the printer, of Gibraltar-row, as it has been stolen?"—he said, "I bought it at a sale at Camden-town"—I said, "What part of Camden-town?"—he said, "I do not know"—I said, "What is the name of the person you bought it of?"—he said that he could not tell—I asked him whether he had any document referring to the sale; he said that he did have a catalogue, and if it was not burnt it would be at home—I asked him where he lived; he said, "6, Wootton-street, Cornwall-road, in the back parlour"—Wootton-street runs from the New Cut by the Victoria-theatre—I took him to Bow-lane station—we passed Union-street, Borough, and I said, "You sold some paper to Mr. Foster, in Union-street"—he replied, "Yes"—I said, "Did you buy that in Camden-town also?"—he said, "Certainly not"—I said, "Where then?"—he said, "Oh, many places"—I asked him the names of the parties of whom he had bought it—he said, "Oh, different people"—after I had stated the charge against him at the police station, I said, "Can you name one person of whom you bought the paper you sold to Mr. Foster?"—he said, "Not without implicating others; I cannot do that, I must not get other people into trouble"—I went to Wootton-street and searched the room, but found no invoices—I produce ten reams of paper which I received from James Smale, and ten reams from Mr. Harding.

Cross-examined by MR. DUNCAN. Q. How long have you been in the force? A. Fourteen or fifteen years—I have been a detective about nine years—I am supposed to know my duty—I am not told to ask a man, when I go to his house, whether or not he has committed the crime.

MR. METCALFE. Q. You put those questions in the discharge of your duty, and if he had given you a proper account of the paper you would not have treated him as a prisoner? A. No.

CHARLES LEWIS HART . I am a wholesale hatters' trimming manufacturer, of Charlotte-street, Blackfriars-road. On 20th July, Moss called on me, and said he had bought a large quantity of paper at a sale, and had sold to Bennett and Field, and other houses—he asked 4s. 9d. a ream for it—it was tissue paper—I bought ten reams that day, at 4s. 6d., and paid him—on 25th Aug. I bought ten reams more, at the same price; and on 8th Dec., five reams of double crown, at 6s. 6d.—I handed all that was not sold to the officer—these (produced) are two of the receipts he gave me—I have not got the other.

JOHN EDMUND HARDING . I am a polish manufacturer, of No. 15, Bridge-street, Southwark. On 15th Sept. Moss called on me, and showed me some samples of tissue paper, at 4s. 9d. a ream—he said that he lived at No. 36, Mitre-street, Lambeth—I gave him an order for twenty-four reams, which he delivered in two lots, on 7th and 20th Sept—I have given up eleven reams to the officer.

JAMES SMALE . I am a printer, of Gibraltar-row, Lambeth. I know Moss—he came to me on 4th Aug., with some samples of paper—I cannot say how many reams I bought of him, but they came to 7l. 4s., and on 16th Aug. I bought to the amount of 4l. 5s.—the principal part of it was 8s. 6d.

a ream—on 1st. Sept. I bought of him six reams of double crown, at 9s. 6d.; and two reams of blue wove post, at 7s. 6d.; 3l. 12s.—I paid him for that, and he gave me a bill and receipt—I could have got that at a wholesale house for 10s. 6d. or 11s.—it was very bad coloured paper.

GODFREY GREGORY . I am principal warehouseman to Messrs. Millington. It is my duty to superintend the execution of the town orders—Miller was the porter, and had to look out the goods from the list which I gave him—I furnished the invoices—my assistant made them out—Miller was assisted by Neale to put the goods into the cart—the invoices were given to Wake, and it was his duty to see that the load corresponded with the invoices before it is started—if there was anything extra or deficient, it was his duty to see to it before it started—we have no customer in Mitre-street, and Wake had no right to deliver goods there—here are produced six reams of 22lbs. double crown, which came from Smale's—I have examined oar stock, and find that we are six reams deficient—it comes from Mill No. 70, where we deal—it is charged with stamp duty on 16th Aug., 1855, and could not have been in anybody's stock before that date—it must have come into our establishment after that date—I should say that it came from our establishment before it got into the hands of Mr. Smale—the tissue paper produced by Hart corresponds with what we have, but I cannot swear to it—it is charged with duty on 8th Aug., and on 9th Aug. we had fifty reams of it brought in—here are two reams of blue laid paper, produced by Smale—they came from a mill in Kent, and were made for us—the duty mark is 17th July, 1855, and I believe they came into stock on the 18th—they were taken in by John Tarr—we are two reams deficient—I produce two wrappers of the same series of numbers—the numbers of these reams produced are 1071 and 1075, and I produce wrappers numbered 1072 and 1070, or 1076, the writing is so bad that it is almost impossible to tell which—these two reams of medium blue wove are charged with duty on 3rd May, 1855—they are numbered 3915 and 3916—we received thirty-four reams of that from the mill in Kent, and have sold nine reams, all of which went into the country—a fair price for them would be 10s. 9d. or 11s. wholesale—we should like to buy them at 8s. 6d—we pay 10s. at the mill—the time paper at 4s. 6d. is below the cost price—it cost us 7s.—the 22lb. Double crown was sold to Smale at 9s. 6d.—we paid 10s. 6d. per ream for it.

Cross-examined by MR. LILLEY. Q. How long have you been in the employ? A. Fourteen years—I was there before Miller came, but not in the capacity I am now—before Wake was carter he was porter—I should think that it was an elevation for him to be made carter.

Cross-examined by MR. RIBTON. Q. How long has Wake been in the service? A. Ten years, or more—I either make out the invoices, or cause them to be made out by my assistant—they are delivered to the purchasers with the goods—the invoices are made out, and delivered to Wake in the morning, by me or my assistant—they may have been given to him on one occasion through Miller—the paper is loaded by Miller—the parcels are not directed—they are put into the van loose, as Wake was thoroughly conversant with the trade—he always had receipt notes for the delivery, which are put on a file—I have known him bring back paper which he has loaded over the quantity, but very rarely, once or twice, perhaps three times.

Cross-examined by MR. DUNCAN. Q. What is there peculiar in the 221b. double crown; I am not referring to the Government mark? A. There is nothing peculiar in the paper itself—the number of each mill is marked on every ream of paper—that is put on when the duty is paid, at the mill;

this is the departure stamp—I believe it is the duty of the finisher to put on the label—all double crown of this weight would be marked like this—there is a special Excise mark for each particular mill, so that I know that this came from mill No. 70—that is not one of our mills, but I have a letter from the mill—we buy of the owner of that mill, and I know that we had this lot of fifty-one reams—mill No. 70 supplies other houses—we had a certain quantity, and are deficient in that quantity—here are several kinds of tissue paper—there is no particular mark on them, only the mill numbers and the dates—I know that these two reams of large blue post were made specially for us—we had the whole of the parcel that was made, and I have the foreman and the finisher here—they are dated 17th July—if other mills made exactly the same paper, and sent it out, they would not put the same mill number on—I took these two wrappers off two reams of paper in our stock, they being the nearest to the missing numbers which we have left; but we have sold a great part.

MR. METCALFE. Q. In those cases where you produce the wrappers, do the mill marks correspond? A. Yes, and the dates also—they are from the same parcel, there is no question about it—besides those that I have spoken to specifically, my belief is that all this paper produced came from our house—here are no receipts on this file from No. 36, Mitre-street.

DAVID POLLARD . I am finisher at the mills of Allen de Lay and Co., Paul's Cray, Rent—they sold these two reams of large blue laid port to Millington and Hutton—they are charged with duty on 17th July—I also recognise these two reams of medium—these two wrappers are what we sold to Millington and Hutton—the duty date of one is 1st June, and the other 17th July—I recognise altogether four reams and two labels, which came out of Mr. Smale's parcel.

Cross-examined by MR. DUNCAN. Q. By what do you identify the two reams of large blue post? A. By the progressive numbers when they were charged with duty—there was none sent to anybody else on that date—the numbers are on the labels—if a thousand reams were to be sent out, they would begin to mark at a certain progressive number, no matter what it is, and would go on to the end—all papers marked on the 15th would bear the impress on the wrappers of that day, whether there were a hundred reams or a thousand, but the progressive numbers would not be the same—they are generally speaking packed in reams—packing is placing these covers on—the paper of any other firm would be just the same, but the numbers on the covers would not.

JOHN TARR . I have been under warehouseman to Messrs. Millington for some years—I know the three prisoners, and have seen them together at Clerkenwell-green, and at another place, once at each place.

Cross-examined by MR. LILLEY. Q. Was it on one occasion at a benefit for a man? A. Yes—at Clerkenwell Green—five or six of Messrs. Millington's servants were there—there was not one of the firm there—it was a benefit at the Grapes.

Cross-examined by MR. RIBTON. Q. Moss is a celebrated singer, is he not? A. I have understood as much—he sang at that place at Page's benefit, but not at the Surrey Music Hall—he was taking checks at the door there—the first occasion that I saw them together was at Page's benefit—Wake was with me at the Music Hall—he did not go with me—I met him there—the five or six of us who were there were not all together—there were not more men from Messrs. Millington's with me.

COURT. Q. What do you mean by the prisoners being together? A. They were together one part of the evening—one part of the evening Wake acted as check-taker for the upper hall.

Q. Did you see them talking together or drinking together? A. Miler and Moss I did, but not Wake.

Cross-examined by MR. DUNCAN. Q. What did you go to Page's benefit for? A. For amusement—I do not think I spoke to Miller all the evening—I did not speak to Moss—Moss was not in the pay box all the evening—I was at the Music Hall too—Moss was at the ticket place there all the evening—the other people did not go into the pay box.

Q. Then you did not see them with him? A. It was a young man named Hudson in the pay box—he was not in it, but he was close to it, taking tickets—I did not see him do anything else.

MR. METCALFE. Q. Was anything said by Wake or Miller about having to attend a club at the Coburn Arms? A. Yes, they said that they had to meet at a house close to the Victoria Theatre on Sunday, and if they did not get there at 1 o'clock, they should be fined—I have asked Miller to show me the list that he had, but he would not.

MR. LILLEY. Q. Did he invariably refuse, or has he occasionally shown you the list? A. Very rarely indeed, and under extraordinary circumstances—I was not under him, nor connected with his department at all.

SAMUEL PRETTY . I live at No. 26, King-street, Friar-street, and an employed at the gas works there—I was also potman at the Coburg Arms I know Moss and Miller, and have seen them together there—they generally came on Sunday morning—there used to be a good many of them together—other parties were with them—I have seen a person named Joe Lewis there—they used to go into the skittle ground, and remain about an hour and a half—the house is more frequented on Sunday than at other times—I have seen samples of paper produced there by Joss Lewis.

Cross-examined by MR. LILLEY. Q. How long were you in that employment? A. About eight weeks—the skittle ground is more private on Sunday—sometimes there are eight or nine of them together, and sometimes twelve—there were many other people in the skittle ground on Sundays.

COURT. Q. Did you see these two alone, talking or drinking together? A. No, they were always with other people—they sometimes came in together, and sometimes not—I have not noticed them go away together.

WILLIAM JOCEY . I live at No. 11, Gray-street, Webber-street I have known Moss and Miller—I have seen them together at concerts, and at the corner of Mitre-street and Webber-street, three or four times on Sunday mornings.

Cross-examined by MR. LILLEY. Q. You passed by? A. Yes—it is a common practice for people to meet at that corner to talk on Sunday mornings—I have seen other people standing at that corner at the same time.

MR. PARRY to JOHN TARR. Q. Do you know where Miller lives? A. At No. 30, Frances-place, Prior-street—Wake lives on the ground floor, with his wife, and Miller on the first floor, with his wife.

(The prisoners received good characters.)


WAKE— GUILTY . Aged 27.—See page 722.

MOSS— GUILTY . Aged 28.— Confined Eighteen Months.

OLD COURT.—Friday, Oct. 26th, and Saturday, Oct. 27th, 1855.


Before Mr. Baron Alderton and the First Jury.

Reference Number: t18551022-955

955. WILLIAM STRAHAN, SIR JOHN DEAN PAUL , Bart., and ROBERT MAKIN BATES , were indicted for that they, since 1st Jan., 1851, being bankers, and agents to John Griffith, clerk, and being entrusted by him with certain bonds (set out in the indictment) for safe custody, without any authority to pledge or make away with them, in violation of good faith, did sell and convert the same to their own use and benefit Other COUNTS, for negotiating, transferring, and pledging the same, and for a conspiracy.

MR. ATTORNEY GENERAL, with MESSRS. BODKIN and POLAND, conducted the Prosecution.

(The Defendants having surrendered, and pleaded Not Guilty, SIR F. THESIGER, who, with MR. HAWKINS, appeared for Strahan, applied that the Defendants might be permitted to plead double on the present occasion, vis., in addition to the plea of Not Guilty, to plead a special plea under 7 &; 8 Geo. 4, c. 29. The present charge was founded upon the 49 th section of that Act of Parliament; and by the 52 nd section it was provided that if any offender against the Act should at any time previously to his being indicted for that offence, have disclosed such act, in consequence of any compulsory process of any court of law or equity, or in any examination or deposition before any Commissioner of Bankruptcy, that he should not be liable to be convicted as an offender against this Act in respect of any act done by him. A question would arise whether, under this section, the disclosure here provided for might be given in evidence under the general issue; he (Sir F. The signer) entertained a strong opinion that it might, and in fact that it must be given in evidence in that way only. He was informed that that course was not objected to on the other sick, but for better security he desired to put a special plea on the record, which should contain a statement of the disclosure made by the defendants under an examination before the Commissioner of Bankruptcy.

MR. BARON ALDERSON inquired if there was any authority to support the application. The ATTORNEY GENERAL replied that the authorities were distinctly the other way.

SIR F. THESIGER was not prepared with any authority, but was informed that there were two cases in the Queen's Bench bearing upon this point.

MR. BARON ALDERSON believed the decisions had been the other way. He could not see upon what principle such an application could be acceded to; it was not a claim of merit, it could only be an appeal made to the discretion of the Court. The application was refused.)

REV. DR. JOHN GRIFFITH . I am a doctor of divinity, and a Canon of Rochester Cathedral—I have had an account for some years past with the house of Snow, Paul, and Strahan—my account with that house began in Dec., 1830—at that time, I think, the firm was Snow, Paul, and Panl—afterwards, I think, it was Strahan, Paul, Paul, and Bates, and subsequently, when the late Sir John Paul died, it became, as it latterly was, Strahan, Paul, and Bates—I think the late Sir John Dean Paul died in 1853—I am not quite sure, but it was about that time certainly—from that time

down to the bankruptcy the firm continued to be Strahan, Paul, and Bates—I was in the habit, from time to time, of employing my bankers to make investments for me—I think it was in the year 1850 that I first directed them to make an investment in the Danish 5 per cent bonds—this is my pass book (produced)—I find myself debited here, on 4th Feb., 1850, with a sum of 202l. 10s., the purchase of 2,000l. Danish 5 per cents—my practice was to give instructions for the purchase, and I think in almost all cases I received from them bought notes—this (produced) is the bought note referring to the purchase I have spoken of—on 16th April, 1850, I find this item in the pass book, "For 1,000 Danish 5 per cents. at 953/4, 958l. 15s."—this (produced) is the bought note that was transmitted to me with reference to the last mentioned purchase—in April, 1851, I gave them a further order to purchase similar stock for me (looking at a letter)—this is the order contained in this letter—it is dated 9th April, 1851—the postscript says, "I shall be obliged if you will purchase for me 2,000l. Danish 5 per cent bonds. J. Griffith."—that I sent to the house by the post, addressed to Messrs. Strahan, Paul, and Co.—this (produced) is the bought note that was transmitted to me, showing the execution of that order; it is dated 10th April, 1851, the day after my letter to them—on 16th April, 1851, there is the following item in my pass book, "For 2,000 Danish bonds, at 1013/4, 2037l. 10s.—the date of the bought note is the 10th—it states at the bottom of it, "Bought for the 16th instant"—this (looking at another) is a note referring to the same transaction; it is dated 16th April—there is a memorandum on it, "Bought on the 10th instant"—it is the same transaction—in that case I conclude they sent me two bought notes, one on the 10th, when the purchase was made, and one on the 16th, when it was completed; and on the 16th I am debited with the amount expressed on both these notes—those three purchases made on the whole 5,000 Danish 5 per cents.

Q. Did you ever ask for them or interfere with them in any way, or were they remaining in their possession as you thought until the bank-ruptcy? A. I do not think I ever asked for them, nor did I ever ask to see them, but I had conversation with Mr. Bates respecting them, I think more than once—I mean with regard generally to the bonds which I had entrusted to their charge—I had other securities in their charge.

COURT. Q. You do not think you ever saw these particular ones? A. I think I may say I certainly never saw them.

MR. BODKIN. Q. Do you remember the conversation you had with Mr. Bates upon the subject of these securities? A. Yes, I can recollect it pretty well; in feet, I used to transact my banking business almost solely with Mr. Bates—I have had conversation with him upon the subject of my securities since the date of the purchase of this 5,000l. Danish stock—since the last date I have had conversation with him, and also in the presence of Mr. Straban, with regard to these particular bonds—in the first instance, with regard to the general conversation I have had with Mr. Bates, he has told me that they were quite secure in their custody, and they would take charge of them and keep them in safe custody—I am now speaking of all the bonds—but with regard to these Danish bonds, I had a special conversation, I think in the month of April, 1855, with Mr. Bates and Mr. Strahan—I can state the very date (referring to a paper), it was on 28th April—I happened to go in on other business, and was speaking to Mr. Strahan and Mr. Bates respecting some dividends on certain shares that I possessed in a gas company, and in the course of that conversation I made

an observation to them, that they had received my dividends upon these 5,000 Danish bonds, but that they had not received the dividends upon the gas shares which were at that time due—I spoke from what I had seen in my pass book—I had received my pass book a day or two before, and I saw that the Danish bonds were inserted, but the gas shares were not, and my object in calling upon them was to induce them to obtain the dividends upon the gas shares—the reply of Mr. Bates was, "Yes, we have, I think, received this very morning the dividends upon the gas shares, but they are not yet brought to your account, but I will go out and ascertain the fact"—this happened in an inner room, and he went out into the bank and came back saying, yes, they had been received on that very morning—I do not think anything more was said on that occasion about the Danish 5 per cents.—I know that this was on 28th April—Mr. Bates and Mr. Strahan were both present at that conversation—the dividends upon the Danish 5 per cents, have been regularly passed to my account in the pass book—the last entry is on 16th March, 1855.

COURT. Q. From the time they were first bought, up to 16th March, 1855, the dividends upon the 5,000l. Danish bonds, were regularly carried to your account in the pass book? A. Yes.

MR. BODKIN. Q. Give us the entries of March, 1854? A. The way in which it is recorded here is, "March 1st, six months Danish ditto, 121l. 7s. 1d. "—before that, there are other dividends—the word "ditto" refers to dividends—with the exception of the difference of income tax, that is the same amount that had been uniformly paid for the dividends down to that time—the previous entry is, "Sept. 1853, six months on 5,000l. Danish 5 per cents, 121l. 7s. 1d. "—the same sum that was paid in March, 1854—in Sept 1854, it runs thus, "Sept. 2nd, six months upon 5,000l. Danish 5 per cents, 117l. 14s. 2d.," that is the difference of income tax—that is the last item—the dividends were regularly carried to my account from the first period, down to March, 1855—I do not know that the variance in the amount arose from the difference of income tax, but I conclude it was so—I took it for granted, I said nothing on the subject—I never at any time gave to the defendants or either of them any authority direct or indirect, to negotiate, pledge, transfer, or sell these securities, or in any manner to convert them to their own use or benefit—I never gave them any plea or pretext, under which they might consider themselves entitled so to act.

COURT. Q. What was it that they were to do? A. To keep them in safe custody, and to receive the dividends and bring them to my account—what I mean is, that I never overdrew my account—I never asked them for any accommodation, or anything of that description—I never gave them any plea, upon which they could possibly dispose of these securities.

MR. BODKIN. Q. I suppose your balance was always rather a good one? A. Rather larger than was prudent, I suppose—I happened to be in London in June last, when I heard of the stoppage of the house of Strahan and Co.—it happened to be whispered on a Sunday afternoon, that was the first time I heard of it—I put the matter into the hands of my solicitors, and warrants were applied for at Bow-street against the defendants—application had been made at the bank by my direction for some information as to my securities in the first instance, and we could get no satisfactory information respecting them—after the application at Bow-street, Mr. Strahan called upon me—I was then stopping in Lower Berkeley-street.

Q. Will you be good enough to tell us what passed between Mr. Strahan

and yourself, upon that occasion? A. May I be permitted to refer to a memorandum which I made at the time, to refresh my memory?—I made it either that evening, or the day following—(The witness was permitted to refer to the memorandum)—perhaps I may premise that a friend of Mr. Strahan's had called upon me before he came, two friends of his indeed had called at separate times, one of them I saw—Mr. Strahan's first observetion was to this effect, that he was surprised to hear that I could obtain no information at the bank respecting my securities, for he and his partners were there constantly to give whatever information might be required—this, I believe, was in reference to the conversation which I had had with his friend—he then stated that they were engaged day and night in making up their accounts, and that if I proceeded with the legal measures I had commenced, it would be very detrimental to the creditors at large, and particularly to myself, for the securities had been so disposed of that there was no possible chance of my recovering anything of them; whereas if I abstained from those proceedings there would be a good prospect of my having them replaced or redeemed (I forget which word he used, replaced, I think it was) as both be and Sir John Paul had great expectations of receiving money hereafter, by which those securities of mine might be restored to me, and indeed, he added, they had prepared notes of hand for me, in case I should have called at the bank—he then proceeded to say that my securities had been taken by Sir John Paul himself to the City, and placed in the hands of either Overend and Co. or Burland and Co., he could not tell me which, but he said that Sir John Paul was not alone to blame, that he himself was equally to blame and equally responsible for the transaction, inasmuch as it was done with his full knowledge and consent; "Indeed," said he, "I gave them to him," and immediately added, "I assure you it was the first dishonest act of my life, I never before defrauded any man of sixpence"—I asked him when this happened—he said about 6' weeks ago—he then said that the securities so disposed of amounted in value to nearly 100,000l.—he was speaking in that conversation of the great body of securities, not in reference merely to this 5,000l., but of the body of my securities, and in making that observation I suppose he adverted to the whole misappropriations of the bank, not merely to the whole of mine, but to others as well as mine, to the amount of nearly 100,000l.,"but," he said, "yours was by far the largest amount belonging to any one individual"—I asked him, in reference to the disposal of my securities, whether some of them had not been disposed of to Messrs. Peppercorn—they are brokers that transact business generally in the purchase of these securities—he answered that he believed some of them might have been disposed of through their means—I also asked him whether my special securities, speaking generally of them, were kept in my box—I had a box there, of which they had a key and I had a key—it had only one lock—he said, no, they were not; they were kept with other securities of a similar nature, but in a parcel tied up by themselves, with my name attached to it—I think he said they were kept in a strong room—he then urged upon me the impolicy of my proceeding, and stated that many others who were similarly circumstanced with myself had been very kind to them, and begged that I would abandon the proceedings—he said that he knew the warrants were issued—this was on the very day that Mr. Bates was in custody, I think that Sir John Paul had escaped from the officers, and that the warrants were out for the apprehension of Mr. Strahan—it was on the day following the issuing of the warrants, on the Wednesday—my reply to him was this that I was not actuated by any vindictive feeling towards them

but that I felt I had a public duty to perform; it was a duty I owed to society to proceed, and that I could not conscientiously pass over so grave an offence without continuing the proceedings—I also told him that I had placed the matter in the hands of my solicitor—I declined to stop and referred to my solicitors, Messrs. Fearon, of Great George-street—his reply was, "If I go to him, he will arrest me at once"—that was the whole of the conversation—upon my declining, he said, "Very well, then, it must be so," and he took his leave.

Cross-examined by SIR F. THESIGER. Q. I understand you to say, that you never saw these Danish bonds at any time? A. I never saw them—I am not able to answer whether they are securities which pass from hand to hand, without any assignment—the dividends were payable in March and Sept, every year—they were brought to my account in March and Sept—to the best of my belief, I have given an accurate account of the conversation that I had with Mr. Strahan on the occasion when he called upon me—I will not say that I may not have omitted something—if you will call my attention to it, you may possibly be apprised of something that I may have omitted—there was one question that I asked Mr. Strahan which I have studiously abstained from stating, and it is quite irrelevant, and I do not wish to state it unless it is desired—I made the memorandum of the conversation either the evening of the interview, or the following morning—my belief is that I have stated accurately what occurred between Mr. Strahan and myself on that occasion—the two interviews I have spoken of were not the only interviews I had with Mr. Strahan—I can hardly say that the first interview I have spoken of was with reference to these securities at all, for I reposed that confidence in him that I never could have expected this matter would have taken place—I really cannot say that I had any other interview with Mr. Strahan besides those two—Mr. Bates was the person with whom I generally, almost invariably, transacted business; with Mr. Strahan very rarely, with Sir John Paul, never.

Cross-examined by MR. SERJEANT BYLES (with MR. BALLANTINE, for Sir John Paul.) Q. I observe that you stated that you had a box of which they had a key, and you had a key? A. Yes—I supposed that these bonds had been kept in that box—I had had securities in that box—the box was bought on purpose to be put in their safe custody, with a view of retaining mortgage deeds and other securities.

Cross-examined by MR. EDWIN JAKES (with MR. PARRY, for Bates.) You mentioned some gas shares, those shares you found, did you not; they have not been transferred? A. They were not in their custody—I think the Gas Company had them—they had nothing to do with them, but to receive the dividends—happily they had not the shares, I gave them a power of attorrney to receive the dividends.

MR. ATTORNEY GENERAL. Q. They would require your signature before they could be transferred, would they not? A. I think so; but I cannot answer that question—they were in the possession of a friend, I never saw them.

CHARLES PEPPERCORN . I am a stock and share broker, in partnership with my cousin, and carry on business at No. 2, Royal Exchange-buildings. I was in the habit of making purchases for the firm of Messrs. Strahan, Paul, and Bates—I called on them for orders from time to time (referring to a book)—on 2nd Feb., 1850, I made a purchase of 2,000l. Danish 5 per cent. bonds for the defendants, at 100l.—I have the purchase note that I made out on that occasion—I received an order from them to make that purchase

—that order is entered in my order book, which I produce—this is the order, "Buy 2000l. Danish 5 per cents., for Dr. J. Griffith"—the date of that order is 28th Jan.—I did it on 2nd Feb.—this order book was kept by the defendants—when it was filled up I returned it to them—the bonds that I purchased were delivered at the defendants' banking house, with the purchase note.

COURT. Q. Is it a special order book of theirs, or an order book of yours, in which you take orders from your customers? A. An order book of theirs—this book does not show how many bonds constituted the 2,000l.—by my book, it appears there were five bonds of 400l. each.

MR. POLAND. Q. What were the numbers of them? A. Nos. 378 460, 459, 457, and 458.

JOHN HILL . I am a stock broker in partnership with Mr. David Sims. I was in the habit of making purchases for the defendants' firm, and of calling there for orders; the order was generally on a slip of paper, sometimes verbal. On 15th April, 1850, I made a purchase of 1,000l. Danish 5 per cents., by their instruction—this (produced) is the order they gave me, "15th April, buy 1,000l. Danish 5 per cents."—it does not say for whom—we completed that order—it was one bond for 1,000l., No. 87—this is the bought note that I sent to the defendants—the amount is 958l. 15s.—that includes our commission—Dr. Griffith's name does not appear on this note—I am not sure in whose handwriting the order was, I think it was Mr. Bates, but I could not say that it was so—on 10th April, 1851, we received an order to purchase 2,000l. Danish 5 per cents.—we bought them on the 10th April, they were delivered on the 16th—they consisted of two bonds of 400l. each, Nos. 426, and 573; two of 300l., Nos. 793, and 794; six of 100l., Nos. 657, 659, to 663, inclusive—we sent those bonds with the bought note to the defendants.

COURT. Q. What was the amount? A. The amount, including our commission, was 2,037l. 10s.—we received that ultimately; we received 2,035l. at the time, and the commission was settled afterwards—they paid us the net cost of the stock on that day, our commission account was settled with them at the end of the year.

Cross-examined by MR. SERJEANT BYLES. Q. This transaction, as I understand, took place in April, 1851; did you receive any instructions about the month of June, 1854, to purchase or repurchase for these gentlemen any Danish fives? A. I have no books of that period with me, and therefore I cannot speak to anything (The witness was directed to fetch his books relating to that period).

JAMES ALLEN . I was for many years a clerk in the house of Strahan, Paul, and Co., bankers, in the Strand. The late Sir John Paul died about three or four years ago, I do not know the exact year—in 1850 the firm was William Strahan, Sir John Dean Paul, John Dean Paul, and Robert Makin Bates; that continued to be the firm up to the time of the death of Sir John Paul—there was no alteration in the firm after that; they kept up the same upon the cheques—I never heard of any alteration—the three defendants have continued to act as the members of the firm from that time down to the period of their bankruptcy—the securities that were in the bank before the death of Sir John Paul, continued in the same custody after his death—they were kept in tin boxes in the strong room—the usual mode was for the entries in the pass books of the customers to be copied into the general books of the bank.

COURT. Q. Which was it; the pass book copied from the bank books, or the books from the pass book? A. The pass book was copied from the ledger.

MR. BODKIN. Q. Had the three defendants access to that ledger, and to the books of the bank generally? A. Certainly, constantly—it was part of my duty to prepare lists of the coupons, which entitled parties to receive the dividends upon them—I cut them off the Danish bonds as they became due—that was my duty—I made a list out, and gave them to a clerk to take into the City to receive the dividends—I did that in Sept., 1851—I believe Messrs. Hambro and Co. were the agents for that loan in London—this is the list (produced)—it is No. 1164—that is the list that I prepared in Sept, 1851—the coupons that I then made a list of were Nos. 426, 573, 793, and 794—the dividend on No. 426 was 10l., that must have been a 400l. bond—No. 573 was also a 400l. bond—Nos. 793 and 794 were 300l. bonds, the dividend upon them was 7l. 10s.—there are some others, Nos. 457, 458, 459, and 460—then there is No. 87, that is a 1000l. bond, 378 a 400l. bond—I have got all the 5000, with the exception of six of 100l.—(looking at another list) in this list I find No. 657—this is a list made out at the time—No. 657 was a 100l. bond—then there are Nos. 659, 660, 661, 662, and 663, each for 100l.—the numbers that I have given are the numbers of the bonds from which I tore the coupons, for the purpose of receiving the dividends that were then due.

COURT. Q. Then there were in the possession of these parties in Sept., 1851, all the bonds of which those were the coupons? A. Yes.

MR. BODKIN. Q. Did you continue to receive those dividends in the same way down to March, 1854? A. Yes, I believe so—I should Bay in Sept, 1853, was the last time that I cut off the coupons from these bonds for the purpose of having the dividends received—t have here my list of dividends due in Sept., 1853—here are Nos. 793 and 794, those are 300l. bonds—Nos. 378, 426, 427, 428, 429, and 460, and 573, 400l. bonds, and 87,1000l. bond—in this list No. 2181, I find the other numbers, 657, 659, up to 663.

Cross-examined by MR. SERJEANT BYLES. Q. Are you aware of any other customer besides Dr. Griffith having at that time any Danish 5 per cent bonds? A. No—I am not aware of it—it was my duty to cut off the coupons—if there were others they would appear in the same list, but they are not all checked off.

ALEXANDER BEATTIE . I am one of the Directors of the National Life Assurance Society, and carry on business in King William-street. I have for some time been acquainted with the three defendants—Sir John Paul I knew very intimately—he came to me twice, and applied to me to lend a sum of money upon foreign securities—the first time was towards the close of 1853, I could not say the exact date—at that time he wanted me to advance 20,000l.—he wanted my Company to advance it—I told him that we did not advance upon foreign securities, but I suggested, as he was in want of the loan, that he could easily do it upon the Stock Exchange—he afterwards came to me again upon the same subject—then the war had commenced, and I stated to him there would be difficulty in borrowing at that time—he told me it was necessary he should have funds, and he was desirous either tomorrow or to sell the securities that he had with him—I only know the period of this second interview, from the facts that issued from it, it was in the beginning of March, 1854—he gave me a small memorandum of the securities, and he requested me either to obtain a loan, or, if that was not

practicable, to get the things sold for him—in consequence of that, I asked my brokers, Messrs. Foster and Braithwaite, to manage the matter as they could—Sir John Paul gave me a memorandum of the securities—he did not give me the securities themselves—I never became possessed of the securities—I took the memorandum to my brokers, and gave them instruction to carry out Sir John's wishes—I received from Foster and Braithwaite, it the proper date, two cheques, which represented the value of the two parcels of stock sold—these are the cheques (produced)—one is for 4,795l. 15s., and the other for 7,487l. 10s.—I could not say with accuracy that I received that cheque for 4795l. 15s., in respect of any particular sale, because I did not pay particular attention to the bonds that were sold—I merely handed the order over as the friend of Sir John, and had no business transaction with it—I handed over the small memorandum of the bonds, and received the cheques—it is probable that I had the same notes, and at the time I no doubt knew it, but as it was a matter passing simply through my hands, I have no recollection of it—I should have given those cheques to Sir John, but he represented to me the necessity of having notes, and asked me if I could oblige him with notes instead of them, and in order to do so I paid then cheques over to my own bankers, and gave him an open cheque on my bankers to take bank notes—the cheque I gave him was for 12,281l. 5s., the amount of the two other cheques—(The date of the two cheques was stated to be, 14th March, 1854, and the date of the last, 16th March).

JOHN ROBERT GIBSON . I am a member of the Stock Exchange. I was formerly a clerk to Messrs. Foster and Braithwaite—I remember the sale of some Danish 5 per cent stock by them while I was in their employment—on 15th March, 1854, I saw Mr. Beattie—as far as I can remember, it was at his office—I saw there some bonds of Danish 5 per cent, stock—as far as I can recollect, I went to Mr. Beattie's office, and received the bonds from him there—I am not confounding the memoranda with the bonds—I received the bonds themselves—I received 10,000 3 per cent bonds, and 5000 Danish 5 per cents—I entered in my book the numbers of those bonds—1 have my book here—there was one for 1000l., No. 87; 7 of 100l. each, Nos. 378, 573, 426, and 457 to 460, both inclusive; 2 of 300l. each, Nos. 793 and 794; 6 of 100l. each, Nos. 657, 659 to 663—those bonds were sold through Foster and Braithwaite's house—one of these cheques produced was drawn for the proceeds of the Danish 5 per cents.—the amount of it is 4,793l. 15s.—the other cheque was given for the 3 per cents—I do not know to whom the 5 per cents were sold.

JOSEPH HOWELL . I was formerly clerk to Messrs. Foster and Braithwaite. I was so in March, 1854—on 15th March, 1854, I delivered some bonds to Messrs. Rothschild and Sons—I believe I delivered some on the 15th and some on the 16th—I delivered 4500 Danish 5 per cent bonds, No. 87 for 1,000l.; 378, 426, 457, 458, 459, 460, 573 and 577 for 400l.; 793 and 794 for 300l., and 657 for 100l.—I delivered those on 16th March—I only delivered to Roths childs one 100l. bond, No. 657—I delivered some Danish 5 per cent, bonds to Cohen's on the previous day, 15th March—they were Nos. 659 to 663, both inclusive, of 100l. each—I have them entered in the jobber's sale book.

WILLIAM LEVINGTON SNUDDEN . I am a clerk in the banking house of Smith, Payne and Smith. I produce some Danish 5 per cent bonds—there are 4 of 100l. each, numbered 659 to 663 inclusive—they are now in the possession of Smith, Payne and Smith—they hold them on account of Mr. Joseph Sykes, a customer of theirs—they were deposited with us on

16th March, 1854, and have been in our custody ever since—we have received on account of Mr. Sykes the dividends that have become due upon those bonds while they have been in our possession, up to the present time, and have carried them to the credit of Mr. Sykes.

ISAAC BRAITHWAITE , I am a partner in the firm of Foster and Braithwaite. I recollect the circumstance of the sale of these Danish 5 per cents—I recollect distinctly having the order from Mr. Beattie to sell the bonds—these 2 cheques for 4,793l. 15s., and 7,487l. 10s. are in my handwriting—I have no doubt that the 4,793l. cheque was for the proceeds of the Danish 5 per cents.—this is the counterfoil of my cheque book—the cheque is dated the 14th March—I have no doubt that is a clerical error, the correct date ought to be the 15th March—there is a date on the counterfoil of the cheque above, and also on the cheque below, but there is no date on the I counterfoil of that particular cheque—I have no doubt whatever that these cheques were drawn on 15th March, although they bear the date of the 14th—I cannot tell you the date of the sale.

ALFRED TINGLE . I am clerk to Jonas Simonson and Co., of No. 4, Savage Gardens. This list, No. 3388, was filled up by me—it is dated 4th Sept, 1854—it contains, among others, 2 coupons, No. 458, for 10l., and 793, for 7l. 10s.—I subsequently received from Messrs. Hambro the money for those—we received the coupons from a correspondent in Copenhagen, of the name of F. C. Broom, and cashed them at Hambro's—1 have here another list, No. 3713, dated 3rd March, 1855—that was made out by me—it contains, among others, a coupon, No. 458, for 10l. and 793, for 7l. 10s.—I took that list to Messrs. Hambro, and received the money—I believe they came from the flame correspondent at Copenhagen, hot I cannot say certainly from whom I received that list—the one of Sept, 1854, we received from Mr. Broom, of Copenhagen—they came into our hands to cash for some correspondent of ours—I do not know that it was the same correspondent.

FREDERICK MACKENZIE . I am clerk to Over end, Gurney and Co. I filled up this list, 3713—I had a coupon numbered 87 at that time—I obtained payment of the dividend by virtue of that coupon on 28th August, 1854—I received a cheque for 25l.—that dividend was due on 1st Sept, 1854—I lodged the list on 28th August—this is the cheque I received—it is dated 1st Sept—I received that cheque in respect of the coupon of 28th August—here is a list, No. 3895—that was left on 26th April, 1855—the dividend was due on 1st March, 1855—I got a cheque for 110l. for it—the coupons in respect of which I received that cheque were numbered 426 and 457, for 100l. each—I presented the list and the coupons at Hambro's, and got the money from them—we received the coupons from a correspondent at Copenhagen, and received the money for him.

Cross-examined by MR. SERJEANT BYLES. Q. Was there a deposit with Overend and Gurney's of 5000 Danish 5 per cents, on 30th April 1855?.

MR. ATTORNEY GENERAL. Do you know that of your own knowledge? A. No.

MR. SERJEANT BYLES. Q. Are the bonds here? A. I do not know anything about the bonds—all I know about is the coupons we got from Copenhagen.

THOMAS CLARK . I am clerk to Messrs. Westerholtz Brothers, of No. 26, Mark-lane. I have before me the list 3746—I made it out—it contains, among others, coupons due on 1st March, numbered 378, 459, 460, and 573—I delivered that list at Messrs. Hambro's, and received the money.

COURT. Q. Who did you receive it fort A. For a correspondent at Hamburg—I received it on 13th March—a correspondent at Hamburg had the coupons of these bonds in March, 1855.

FREDERICK SAVORY . I am clerk to Messrs. Hambro and Son, of London. They are agents for the 5 percent Danish loan of 1949—the bonds upon which that loan was received, were issued from our house—I was not in the house at the time, I therefore can only state it as a thing I know, but not from my own private knowledge.

CHARLES JOACHIM HAMBRO . I am the only person in the firm of Hambro and Son—my father was the "son"—the Danish 5 per cent loan was negotiated by me—the bonds produced are some of the bonds issued by my house upon that occasion by the authority of the Danish Government—they all bear my signature—these are the bonds I issued—the coupons that are attached to them entitle the parties periodically to receive the dividends due—the practice is to tear them off from the bonds every six months, and receive them as they become due—the coupons bear the same number and letter as the bonds—no two bonds of the same number are issued of the same loan—it is impossible that there could be two bonds of 100l. bearing the same number—as far as I remember, they were running numbers, and then it would be impossible that there could be a bond of 100l. of the same number as a bond of 200l.

Cross-examined by SIR F. THESIGER. Q. The coupons are all dated, are they not? A. They are not dated, they are only numbered—yes, they are dated, the twelfth dividend warrant due on such a day—the time when the dividend becomes due is marked in each coupon, but not the date of the issue—they are all payable on 1st March and 1st Sept. in each year—the bond bears the signature of the Royal Minister of Finance, and the whole bond falls due when the whole of the coupons are paid, if not before—every six months there is a drawing of the bonds; and if the bond is drawn, it is paid off in the intermediate time.

WILLIAM BELL . I am an official assignee of the Court of Bankruptcy. I was the official assignee of the bankruptcy of the defendants—in June last an application was made to me by Messrs. Fearon and Clabon, the solicitors of Dr. Griffith, with reference to some securities of his that had been lodged with the defendants—it was made verbally, and I think there was a note also—in consequence of that application, I went to the banking house in the Strand—I there saw Mr. Strahan, and I think Mr. Bates—I think it was on the 16th—it was after the bankruptcy—the bankruptcy was on 11th June, and it was in that same week—I asked Mr. Strahan what had become of Dr. Griffith's securities—he said they were sold or pawned—my impression is that he at first merely said they would not be forthcoming; but having seen my own note, which I made immediately, I find it is, "they were either pawned or deposited," and therefore I have no doubt those were the words he used, sold or pawned—I have not the memorandum now in my possession—Mr. Strahan used the words" sold or pawned—I do not mean that he used one or other of those words, but both—he was not prepared to say whether they were sold or pawned—he said they would not be forthcoming, and that they were sold or pawned—I am not certain whether it was on that day, but I had asked if there was not a general security book, and I got no answer—I asked that question in the course of that week, either then or on a prior day—Mr. Strahan and Mr. Bates were present when I asked about the security book—no answer was made; they looked at each other, and there was no book forthcoming

—I am not sure that there was anything said upon the occasion—when Mr. Strahan said these securities were either sold or pawned, I cannot say whether Mr. Bates was sitting in the room or not, bat he was very much in the habit of walking into the shop in front, and of walking about the room—I am speaking of that interview—whether he was exactly seated by Mr. Strahan, I cannot say—I have no doubt he was in the room at the time—I had visited the house two or three times between the 6th and 11th—I do not recollect on which occasion it was that I asked about the security book.

Cross-examined by SIR F. THESIGER. Q. I understand you are not speaking with any great certainty with regard to this conversation you had with Mr. Strahan? A. I am speaking with certainty—he said they were either sold or pawned, that they would not be forthcoming, that they were either sold or pawned—I will say that he said they were either sold or pawned—I certainly would not like to swear that he said the securities would not be forthcoming, but my belief is that he first of all said they would not be forthcoming—my memorandum is in the hands of Messrs. Fearon—it was a note which I wrote to them immediately upon Mr. Strahan answering me so—I do not know whether that note is here.

COURT. Q. When did you see it? A. At Bow-street, in the hands of Mr. Bodkin—it was in my handwriting, and those were the words that I remember perfectly well.

MR. ATTORNEY GENERAL. Q. Did any Danish bonds come into your hands as official assignee? A. I think none—none of Dr. Griffith's, at all events—I do not think any of the securities that have been handed over to me were Danish, I think no Danish 5 per cents, came into my hands.

Cross-examined by MR. HAWKINS, Q. I believe you were the official assignee in attendance on 25th June? A. Yes; at the choice of assignees—there is a statement now upon the proceedings, it was merely formally handed in—this is it (referring to the proceedings)—this paper was handed to me as the official assignee.

MORRIS NORDEN . I am clerk to Messrs. Fearon and Clabon, solicitors of Great George-street I employed myself in Quaking a search for these securities of Dr. Griffith's, when the low was discovered—Mr. Fearon directed me to call upon Messrs. Lawrence and Plews, the solicitors for the fist, and on several other persons—I at last called at the banking house, in the Strand—I gave the date to Mr. Humphreys, it was a day or two after the bankruptcy had become notorious, in the early part of June—I believe I saw Mr. Bates, I do not know who else—I believe it was Mr. Bates I saw, he answered to the name of Bates—I believe he is the gentleman I saw—I did not take especial notice—I asked for Mr. Bates, and saw a person who answered to that name—I believe the defendant to be that person, there were two other gentlemen sitting down with him at a table in the inner room of the banking house—it must have been about the 14th June—I had in my hand this paper, which is in Dr. Griffith's handwriting, and which contains the list of his securities that were in their hands, and I told them that I had called from Messrs. Fearon and Clabon, Dr. Griffith's solicitors, that Dr. Griffith was exceedingly anxious to learn whether or not they were safe, and I read these from this list—among other things that I read from this list there was 5,000, 5 per cent Danish bonds—Mr. Bates replied, that he could not say anything about them, or he could not say anything about them in particular; that if there were any securities, they would be in the hands of the official assignee.

Cross-examined by MR. JAKES. Q. Are You quite sure it was Mr. Bates? A. Yes; I believe it was—I do not know his son, I do not know any of them, to the best of my belief it was Mr. Bates—I am not quite sure—I did not take especial notice at the time.

COURT. Q. Then it might have been young Mr. Bates, who might answer naturally enough to the name of Mr. Bates? A. It might have been; I believe it was the same gentleman that stands here, but I am not positive about it.

JOHN HILL re-examined by MR. SERJEANT BYLES. I have now got my Book of 1854 here. On 1st June, 1854, we purchased, by order of Messrs. Strahan and Co., 5,000 Danish 5 per cents., the sum paid for them was 5,100l.—they were bought at a premium—we paid 102l. for each 100l. bond—the amount of our commission was 6l. 2s.—there were seven 100l. bonds, Nos. 2106, 5289, 5290, 2556, 1166, 1607, and 735—one of 500l. No. 355, one of 300l. No. 935, another of 500l. No. 378, and thirty 100l. bonds besides, making the 5000—they were Nos. 5373, 5370, and then six-teen bonds running from 985 to 1000, both inclusive—ten, numbered 1084 to 1093, and two, numbered 1164 and 1165—we bought all those bonds for Messrs. Strahan—they were delivered to them on 1st June, 1854, and paid for by them subsequently to that date.

(SIR F. THESIGER desired to take the opinion of the COURT, whether then was any evidence to go to the Jury, as affecting Mr. Strahan; the offence charged, related to certain bonds numbered in a particular manner, and sold by Foster and Braithwaite, in March, 1854; he submitted that there was no evidence to connect Mr. Strahan with that transaction, nor any evidence at all affecting him, except the conversation with Dr. Griffith, in which conversation Mr. Strahan referred to a transaction occurring only in June last. The Judges were of opinion, that there was evidence for the Jury.)

MR. SERJEANT BYLES called the following witnesses for the Defence.

THEOPHILUS ABRAHALL . I produce the petition for adjudication in bankruptcy—it is dated 11th June, 1855, Montague John Tatham is the petitioning creditor—the adjudication is the same date, 11th June, 1855—the first meeting was on 25th, for the choice of assignees—the bankrupts surrendered on 12th June, they surrendered immediately—the summons is not here, it is not usual to file the summons when they surrender—the examination of the bankrupts is here—first there was a joint declaration signed, but there was no examination—(The joint declaration was dated 25th June, 1855, signed by the Defendants, and was in the following words: "The Above named bankrupts solemnly depose and declare that the statement now handed by us to the official assignee under our bankruptcy, is a true statement of the matters and facts therein contained, and contains a true and correct account of all and every bond and security which have been sold, pledged, or otherwise converted by us, or either of us, or by our direction or authority").

COURT. Q. Pray did Mr. Commissioner Evans order them to make any declaration? A. No, he did not, so I understand, I was not in the Court at the time; it was a very crowded meeting, and the Commissioner desired me to sit in the other Court to take the proofs, and this occurred in my absence—(The account referred to was put in, and read in part; among other things, it stated that the 5,000l. Danish 5 per cents, of Dr. Griffith, bought by them, date not specified, were deposited with Overend and Co. on 13th April, 1855—the separate statement of Sir John Dean Paul was read as follows: "25th June, 1855. The account now filed in Court contains a true account of all

securities of my customers at any time pledged or converted by me, the particulars can be found in the banking books, namely, a green stock book and ledger." The separate statement of Mr. Strahan was in the same words. That of Mr. Bates was as follows: "The account now filed in Court contains a true account of all the securities of the customers of our firm, at any time pledged or converted by any of the partners thereof, and the particulars can be found in the banking books, namely a green stock book and ledger.")

JAMES GRAHAM LEWIS . I am attorney for two of the defendants, Mr. Strahan and Sir John Paul—I was first consulted by them on 22nd June—it was by my advice that this statement was prepared, acting also under the advice of counsel.

COURT. Q. Then you and the counsel agreed to do, what? A. We agreed that, inasmuch as the defendants were declared bankrupts, they should surrender under that bankruptcy, and make a statement of every transaction they had had with reference to every security.

Q. For what purpose? A. For the general purpose of assisting the creditors, and for the special purpose of making a disclosure under the statute.

MR. SERJEANT BYLES. Q. What took place in Court when this was done? A. The bankrupts appeared in Court, a statement of the various securities which are now upon the file was produced to the Commissioner, and the bankrupts requested to hand it in as their statement, with reference to the securities which they had received from customers, and the manner of their disposal, not with reference to this prosecution solely, but as a general statement; upon which Mr. Commissioner Evans stated, that as no creditor had asked for them, the bankrupts were at liberty to hand them in to the official assignee if they thought fit—the statement was then handed in, with a deposition, which appears upon it—that is what has just been read—to the best of my recollection, the Commissioner signed that deposition—after that the solicitor for the fiat, Mr. Lawrence, took the depositions and the accounts out of the hand of the official assignee, and called upon each bankrupt to make a separate statement—after that voluntary deposition, if it may be so termed, Mr. Lawrence took the depositions and the accounts out of the hand of the official assignee, and then examined each bankrupt separately as to the truth of the statement contained in that account, and I think, to the best of my recollection, it was put in these words, "Is this account of all the securities that you have converted, (using not the exact terms of the Act) all the account you wish to render with reference to the disposal of these shares?"or something to that effect—I think the words are down in the depositions, because I wrote them down immediately, and the Commissioner signed it—each made a separate deposition—each answered "Yes."

COURT. Q. I suppose the question was merely in the terms of the answer? A. Yes, they are mostly taken so in bankruptcy—the solicitor for the assignees asked these questions, and I reduced them into writing—after they had been so reduced into writing, they were signed by the several bankrupts, they then declared to the truth of them, and the Commissioner signed his name.

Cross-examined by MR. ATTORNEY-GENERAL. Q. You save said that this had been arranged before hand, I think when you got to the Court the first thing that was done was, Mr. Parry applied to the Commissioner on behalf of Mr. Bates, to be permitted to make a statement disclosing certain transactions which had taken place with reference to the securities deposited with the bankrupts by various persons? A. It was an application generally on the part of the whole, it was to that purport, to be allowed to be examined.

COURT. Q. What did Mr. Parry apply for? A. To examine, or put in the examinations.

MR. ATTORNEY-GENERAL. Q. Did not Mr. Parry apply, on behalf of the bankrupts, to be allowed to examine them with reference to these securities, and the disposition of them? A. With reference to the statement of the securities, which he then held in his hand—the Commissioner at first said, "I refuse your application; if any creditor applies for the bankrupts to be examined, he can do so, but upon the bankrupts' own application I refuse it"—upon that, Mr. Parry said, "Then I formally tender this as the declaration of the bankrupts, and your Honour may accept it or not"—he said those words, with a great many others—he added, that under the statute they were entitled to give it in as their statement.

COURT. Q. Therefore, they claimed to be entitled to do this under the statute, and get themselves off by their own statement? A. Under the Bankruptcy Act.

MR. ATTORNEY-GENERAL. Q. Did his Honour, on that, say, "Let them put in what they like, if they sign it"? A. He did.

Q. As soon as the paper was signed, did not Mr. Parry apply to Mr. Lawrence, and ask him if he wished to put any questions to them? A. Not within my hearing or knowledge—I will not swear that did not take place, but I solemnly swear not within my hearing or knowledge, or to my belief—I will not say whether he did or did not say to Mr. Lawrence, "Do you wish to ask the bankrupts any questions?"and I will state why; I was engaged at the moment in writing down the depositions, the first one which accompanied the first petition and the account, and the Court was so crowded, and there was so much noise going on, that I really cannot undertake to say whether he did or not—I had not had any previous communication with Mr. Lawrence, none whatever, except applying to him to know whether he would bring the bankrupts up, so that they might be examined at that meeting—Mr. Lawrence declined in any way to interfere or assist me, and I was obliged to apply to another Commissioner, not the one adjudicating upon the fiat, and undertake to pay the expense of bringing them up—I then communicated to Mr. Lawrence that a warrant had been granted for bringing up the bankrupts, and that was all that took place with reference to it—the defendants were then detained in the House of Detention—I had to get a warrant to the Governor to bring them up, in order that they might surrender on the first public meeting, to make such disclosure as I thought might be beneficial in the event of a certificate meeting—at that time they were all in custody on criminal warrants upon this very matter—I believe the first joint examination before the Magistrate was on that same day; no, not the morning of the 25th; on the morning of the 22nd, which was Friday—upon that same day I applied to the Commissioner, about four o'clock in the afternoon, for a warrant to bring them up to be examined upon the Monday—it was not only for the purpose of making the disclosure—it was for that purpose amongst others—it was for the purpose of making a disclosure with reference to all the securities they had converted, and to be present at any meeting, to answer any questions which any creditor might put to them upon any subject.

MR. SERJEANT BYLES. Q. I need hardly ask you whether there was any understanding between yourself and Mr. Lawrence of any sort or kind whatever? A. Not the most remote—I never had any conversation with him upon the subject.

COURT. Q. I suppose neither Dr. Griffith nor his attorney were there,

or desired to interfere? A. Dr. Griffith's attorney was there—he did attempt to interfere.

WILLIAM BOIS . I am a clerk to Messrs. Overend, Gurney, and Co. I have a memorandum of some bonds deposited with us by Sir John Paul and Co.—they came from John Young—he deposited them with us—he came and borrowed the money of us—it came out afterwards that it was for Sir John Paul—I was not aware of it at the time—he came for the money for Sir John Paul—the numbers were, 2106 for 100l., 5290, 5289, 2556, 1166, 1607, and 735; one for 500l., No. 355; one for 300l., No. 935; another for 500l., No. 378; and the rest for 100l., Nos. 5373, 5370, 985 to 1000, inclusive; 1084 to 1093, inclusive; and 1164 and 1165; making 5,000l.—those were pledged, with other things, on 30th April this year, by the attorney for Strahan and Paul.


PAUL— GUILTY . Aged 53.

BATES— GUILTY. Aged 65. On 1st and 3 rd Counts .— Transported for Fourteen Years.

Before Mr. Justice Willes.

Reference Number: t18551022-956

956. JOHN CHANDLER and THOMAS MACK , unlawfully assaulting James Still, a police constable, in the execution of his duty.

MESSRS. CLERK and LAWRENCE conducted the Prosecution.

JAMES STILL (policeman, V 51). On Wednesday night, 3rd Oct., I was on duty at Fulham-fields, and about a quarter past 8 o'clock saw Chandler picking some onions up in a market gardener's ground—I concealed myself in a dark place, and watched him—he came up through the gate out of the field, and when he came about five or six yards off the gate, I stopped him, and found about a peck of onions in his possession—he was carrying them in a sort of smock frock which he wore—I said, "What have you got here?" he let them drop, and I took him into custody, and told him it was for stealing onions—he was pretty quiet, and walked with me—I asked a man named Carter, who was coming along, to pick the onions up, and gave him a handkerchief to put them in—when we got to the Britannia public house, a quarter of a mile further on the Fulham-road, a man named Ward asked Chandler to have some beer—I said that I could not allow him to have any, while he was in my custody—six or eight men then came out of the public house and said, "Give it to him! give it to the b—y b—r? kill the b—r!"—Chandler then commenced kicking and striking, endeavouring to trip me up—I hauled him to the ground, and as I did so he hit me on my knuckles—a man, not in custody, drew my staff from my pocket and struck me on the arm—a man who was looking on came between me and the man who had the staff, and knocked it out of his hand as he was coming to hit me on the head with it—his name is James Knight—Chandler was on the ground at that time—he had been drinking, but I should consider him sober—I lifted him up, and he commenced kicking and striking more furiously than he did on the first occasion, and I threw him down again, and he bit my left thumb, and then my right hand—it was a very severe bite, I have not got the use of my thumb properly yet—at this time, Mack stepped off the kerb stone and struck me on my face, which cut my lip very severely, and he hit me several times, and kicked me on the side as I was stooping to hold Chandler down—the man with the onions was then some little distance off, and I saw Mack make towards him with another man who had knocked the staff out of my hand, and he said, "Where is the b—y b—r with the box?"—(that was not the man

who had had the onions previously)—Mack then came up and kicked me a severe blow on the cheek, so that I could not see for three nights and two days, and the sight is very thick now if I allow the light to fall on it—it did not make me unconscious—after that I was kicked several times about the body, but cannot say by whom—assistance came, and I helped to convey Chandler part of the way to the station house, till we got more assistance—I have not been able to attend to my duty, and have been under medical treatment ever since—I still suffer severely in the back and side.

Cross-examined by MR. SLEIGH. Q. Is Mr. Crouch the market gardener where the onions were? A. Yes—it is not quite an open field; there is a hedge on each side—there is no thoroughfare through it—I was concealed behind a wall by the chapel—I had not been in the field that day—the onions were not growing, they had been pulled up, and I was sent expressly to look after them—Chandler walked quietly with me till we got to the Britannia public house—when I threw him down I had my hand on hit collar—if I had nearly strangled him he could not have beaten me—he did not cry out, "For God's sake do not strangle me"—I had one hand inside his handkerchief, and with the other was doing my best to keep him down—he was not in a state of insensibility when on the ground—he did appear so, but when I lifted him up he did not.

Cross-examined by MR. TALFOURD SALTER. Q. Is the man who picked up the onions here? A. No—he was not at the police court—he was not at the Britannia public house—it might be seven or eight minutes after the five or six men came out of the public house, that I saw Mack—it was a Wednesday night—there was a crowd collected; forty or fifty, or more or less—the first 1 saw of Mack was his stepping off the pavement—I was in the road at the time, and the people were round me—I was stooping over Chandler, and while I was struggling with him on the ground, this attack was made by Mack on me—during that period I was also receiving blows from other people in the crowd—the crowd were taking part against me—I could not give Mack into custody at the time, as there was no one there—I was in uniform.

MR. LAWRENCE. Q. Did you know Mack before? A. Yes, almost us well as I know my brother—I am positive he is the man.

JOHN CROUCH . I hold a market garden at Northend, Fulham. On 3rd Oct., I had a quantity of onions pulled up and lying to dry—Chandler had no authority from me to remove them—I have got the onions—there are about six pennyworth.

Cross-examined by MR. SLEIGH. Q. Were there some onions left growing in the field? A. Not that I know of.

JAMES FORSTER KNIGHT . I am a lamp maker of Walworth. On 3rd Oct., about half past 8 or a quarter to 9 o'clock in the evening, I was by the Britannia public house, and saw Still with Chandler in custody, who was not going quietly, but was trying to rescue himself—I saw a man who is not in custody, draw the staff from Still's pocket, and strike him with it—I knocked it out of his hand, and told him not to strike the constable, or it might be worse for him next day, and he walked away—another man was going to strike Still, I remonstrated with him, and be went away—after that I heard Mack use the words b—y b——r, and he struck Still over the mouth, and on the head, kicked him on the side, and on the thigh, and then went away—the blow on Still's head knocked his hat off, and I saw the blood flow directly from his mouth, where Mack struck him—the constable was two or three yards from him, not more—I had hold of a parcel of onions

in a bundle, the officer gave them to me—there was nobody standing between me and the constable—after Mack went away, I saw Chandler, to the best of my knowledge—he said that he would go quietly, but they had a struggle; and I saw him try to bite the policeman, but he pulled his hand away very quickly two or three times—he was then standing trying to rescue himself—it was before he had been on the ground—the constable then threw him down again, and held him securely—Mack came up and tried to strike me, and hit at me with all his force, but haying a can at my back, it missed. me—he did not say a word, but walked away—he came up afterwards, and said, "Where is that b—y b—r with the box?"it was a can I had, but he could not see it well in the dark—I made my escape.

Cross-examined by MR. SLEIGH. Q. Did not You hear the people roaring out, "Don't choke the man, don't strangle him? "A. Only one man said, "Don't choke the man"—he is not here—at that time the policeman merely had hold of Chandler's collar as he was on the ground—it was by his handkerchief or collar—it was in the dark, it probably was between the cravat and the neck that the hand was inserted—he had him by the collar or neck-handkerchief, but being dark I could not see which—it was some distance from the public house.

Cross-examined by MR. T. SALTER. Q. At the time you saw the constable so badly treated, were you near enough to assist him? A. Yes, but I was not able—I had a can on my back, and was short of breath—I stopped by the policeman—there were about five or six other people round—Is aw distinctly the different places in which the constable was hit—I and the constable have not talked this matter over this morning, I never gave it a thought from the time it occurred till to-day.

COURT. Q. Did you know the constable? A. No, I never saw him before—I was going that way on business, and saw the altercation—I never saw either of the prisoners before, to my knowledge.

WILLIAM BRYANT . I live near the Britannia public house. On the evening of 3rd Dec., I saw Still with Chandler in his custody, going along the Fulham-road, as I was standing at my gate—I followed as for as the Britannia, and saw a man come out and ask Chandler if he would have some beer, and he went into the public house to fetch some—the constable refused to let him have any—three or four men came out directly after the man with the beer, saying "Kill the b—r! give it to him!"—they repeated that several times—on that Chandler began to plunge, and he fell down, and the constable on top of him—I saw Knight endeavouring to assist the constable, and at that time I saw Mack strike the constable, somewhere about his shoulder, several times—it was between his shoulder and neck, and I afterwards saw him kick him—I heard Mack say, "Where is that b—r with the box?"meaning Knight—he then went to the corner, returned, and struck the constable three times—other constables came, and Mack walked away—1 knew him before, and have no doubt he is the man.

Cross-examined by MR. T. SALTER. Q. Were these people between you and the constable and Mack, at the time these blows were being struck? A. No, but I could not see exactly whether he struck the constable on the shoulder or neck—Knight was not there then, he was at first—he had stood on my side, we were close together—I saw Mack leave the spot.

MR. CLARK. Q. Have you known him long? A. For some years—I live in the neighbourhood, and so does he—he does anything—I also know Chandler.

FRANCIS GOODRICH . I am a surgeon, of West Brompton. On the morning

of 4th Oct. I went to Still's house—his face was very much swollenthere was a slight contusion over his right eye, the eyelid could not be separated, and there were marks as if he had been kicked on the right side of his face—his lip was cut very deeply—both hands were marked as if they had been bitten—his left thumb was more severely bitten than the fingers—I found no bruises on his body, but he complained of much pain, and seemed to be in great suffering—he has been off duty ever since, and it will be many months before he can do his duty again, perhaps never.

Cross-examined by MR. SLEIGH. Q. You did not examine Chandler's neck? A. No, I was not asked.

MR. T. SALTER called

ROBERT HALL . On 3rd Oct., in the evening, I was at the Britannia public house, before the constable and Chandler came up—I saw them struggling outside the door, the constable threw Chandler down—they remained about a quarter of an hour before any other constable came a crowd gradually collected before Mack came up—three men took part against the constable—the first came up to him, took the staff out of his pocket, and struck him—he was a short man, it was not Mack.

COURT. Q. He struck the police constable? A. Yes, across the arm, and then he knocked the staff out of his hand.

MR. T. SALTER. Q. After that did other people come up? A. Yes, a great quantity—I saw other people strike besides—a very tall man, in corduroy clothes, struck him three times in the face, and knocked him down again—I do not know his name, but had seen him before—I followed him across a brick field to a policeman to give him in charge, the policeman would not take him, but I brought the policeman to Still's assistance—I know the policeman well, but did not take his number—I saw a man with a can there—I did not see Mack at that time—I saw him go away, Mack was there then—during that time Mack did not strike the policeman, he was near me, and I must have seen him if he had—he went away a few minutes after the man with the can left—if immediately after the man with the can left, Mack went up and struck the constable, I must have seen it—I saw a short man strike him, I do not know who it was—that was while the man with the can was there—I also saw a man in a flannel jacket strike him with a stick—I am quite confident that during all that time Mack did not strike a blow.

Cross-examined by MR. CLERK. Q. What are you? A. Pot boy at the Britannia—I had seen Chandler before—he very seldom came to the Britannia—I have seen Mack there once or twice, but very seldom—I had not seen him there for two or three weeks, or more than that—I had seen him twice in that public house—he lives at Parson's-green—I do not know who the man in the flannel jacket was who took the staff out of the constable's pocket—I have not seen him since, or I should have told a policeman of it—I do not know where he lives—I gave him in charge to a policeman in Sands End-lane, about fifty yards from the Britannia, across a little bit of a field—I did not go after him as soon as he had struck the constable, I stood there a little while—the tall man did not remain, he went across the brick field—I went after him to give him into custody—I was a few yards from him when I came up to the constable—I ran after the man—I talked with the constable, and told him how he had been beating a policeman—he said, "No, I cannot take him here"—I said, "Will you come over to this man's assistance?"—he said, "Yes," and I took him to Still—it was all quiet then, and I saw Mack standing by.

MR. T. SALTER. Q. How long did you remain in the crowd after the

tall man had gone? A. A few minutes; when I came up to him he laid down—when I went back with the constable, I found Mack at the spot—I saw no marks of blood on Mack.

COURT. Q. You saw a tall man strike a policeman? A. Yes, and when be struck him he left the crowd, and went across the field—Chandler was then on the ground, and the policeman over him—the man with the can was in the crowd, and Mack was standing by—I stayed in the crowd a few minutes after the tall man went, and I saw another man strike him after that, and kick him, and then I followed, and the first man that I overtook was the tall man—I followed the second man, and overtook the tall man—I left the police constable and Chandler and Mack; with the crowd.

DANIEL WARD . I was at the Britannia on this evening, and saw Chandler and the constable struggling—Mack came up afterwards, but before he came up I saw a man draw the staff from Still's pocket and strike him on the arm with it, and another person gave him three violent blows on the face with his clenched fist, and kicked him also—that was before Mack came up—he was a tall dark man—I was as close to the constable as I could get, without interfering—no other blows were struck by any other person, before Mack came up—Mack came close to me, I did not see him till he got to me—I was close to the crowd as they stood round the constable—I waited till the whole affair was over—I also saw a short man come up, and kick Still—I saw the end of the struggle.

Q. During the whole time you were there, did Mack touch the constable in any way? A. Yes; a gentleman stood by with a parcel, he had a can on his back, and a handkerchief in his hand—he was stooping down, putting down a bundle down by the side of the constable, and I saw Mack make a strike at him, but he missed him and struck the constable, though not wilfully that I know of—he struck no other blow, there was a crowd at that time which were taking part against the constable—Mack struck no other blow—I heard no expression about a fair fight.

Cross-examined. Q. Are you the Ward who brought out some beer? A. Yes; I had reason to believe that Chandler was in custody—I brought out the beer to him but did not take it to him, as the constable told me that he should not have any—I did not inquire what he was in custody for.


MACK— GUILTY .* Aged 36.

Confined Eighteen Months.

NEW COURT—Friday, October 26th, 1855.


Before Mr. Common Serjeant and the Fifth Jury.

Reference Number: t18551022-957

957. THOMAS HORNE and JAMES ROBERT HORNE , stealing a guard chain, the property of Aguilino Lucioni.

MR. HORRY conducted the Prosecution.

AGUILINO LUCIONI . I am a looking glass manufacturer, of No. 162, High-street, Shoreditch. About 2 o'clock in the morning of Tuesday, 25th Sept., I left No. 3, New Norfolk-street, Shoreditch—as soon as I left the house, I saw the two prisoners and two other men—the prisoner James knocked me down, and Thomas got on my breast and took my watch guard off, which had been

round my neck—while he was doing this James was kicking me, and another man was also kicking me—they kicked me on the side of the head and the ear, and every where—James said, "Give it the b——r!"—I cried out for the police, and it was a good job they came up soon—after they knocked me down the first time, I got up—it was after they knocked me down the second time that Thomas took the chain away—when I got up after they knocked me down the first time, I drew my knife out of my pocket—they then knocked me down, and Thomas got on my breast—a constable came, and took him off me.

Cross-examined by MR. SLEIGH. Q. Did Thomas take the knife away from you, after you had cut James's thumb to the bone? A. Yes—I am a looking glass manufacturer—I do not keep a house in Shoreditch, I lodge there—my wife is dead—I left home between 7 and 8 o'clock in the evening—I went to several places—I went first to a public house—I came out again, and went to a customer—I might have stayed half an hour in the first public house—Mr. and Mrs. Cooper were with me, I had a drop of half and half to drink—I did not treat the lady—they are friends of the landlord—I had nothing but the half and half—I had had nothing in the day time—I never drink till the evening—I had nothing the second time at the public house but half and half—I stopped some little time, seeing some men playing at bagatelle—I then went to Church-street, to the private house of a countryman of mine—I did not meet some ladies there—they go there to get penny ices—I then went to another shop, where they have a little ginger beer—I stayed there about half an hour—there were no women there—I reached New Norfolk-street, about half past 1 o'clock.

Q. What were you doing from the time you left the penny ice shop till half-past 1 o'clock? A. I went to the same public house again, the Holy Well—Mrs. Cooper was there—I had nothing but gin and water, and a very little gin and water cold—Mrs. Cooper did not partake of that; I and another friend did—I did not treat him—we paid for ourselves—I stopped there till 1 o'clock—Mr. and Mrs. Cooper are not here—when I came out with them and a person named Jones, I bid them "Good night," and was going to my house, and a lady came after me and said, "Come along with me," and she took me down to No. 3, New Norfolk-street—she seduced me, and took me straight to the house in New Norfolk-street—I did not go anywhere else first—I did not give her anything to drink—I had seen her before, but had had nothing to do with her—I had nothing to do with her that night—I went up stairs and went into a bed room with her, but I had nothing to do with her—I gave her a shilling, she wanted more, and I said, "You shall have none at all"—she screamed out, and I went down—I do not know the name of the landlady of the house—I had been there twice before—I did not rush down stairs screaming from the room where the girl was—I came down—I was not screaming—she screamed out—I did not see the landlady when I came down—I had a knife in my pocket when I came down—I did not open that knife before I left the room in which the woman was, nor upon the stairs in rushing down.

Q. How came it that you cut one of the prisoner's hands to the bone? A. After they knocked me down the first time, I got up and then pulled the knife out—I charged Thomas for robbing me, and James said, "I charge this man for cutting me"—I did not charge the young woman up stairs with robbing me—I charged her with nothing at all—I did not complain to the police that the girl up stairs had robbed me—I never said she had robbed me—I never said so to the landlady—I did not charge the

girl, Eliza Summers, with robbing me—I gave her in charge on the Friday night for being implicated in this robbery, because they had been drinking together.

Q. You have been in the police, have you not? A. No—I have been sworn in as a constable—I was dismissed because I took the part of the poor Italian boys, and they set up a conspiracy against me—I was not dismissed because there was a charge against me for misappropriating money—never, never such a case—how do you dare to state such a thing before me—there is not an imputation against me—they did not discharge me after being four years in the police.

Cross-examined by MR. RIBTON. Q. How long were you in the room with the girl? A. Not five minutes—I had given her the shilling, and then she wanted more, and I would not give it her—it was in a room on the first floor—she asked for more, and I said, "I sha'n't give you any more," and went down—I did not take the shilling from her—when I stated that I said to her, "You shall have none at all, "I meant she should have no more, and she screamed out "Murder!"—I ran down—I do not know that she ran after me—she might have been close after me—when I was coming out, I saw the persons—this is the knife—I have had it in my possession about three months—the point of it has been broken off some time—it was not in my hand when I came down—I opened it after I got up the first time—I had not a watch with me—I had just left it with Mr. Cooper, about half an hour before, because he had had it the week before to mend it—it did not go right, and I gave it him back that Monday night—on that night I gave Thomas into custody—I did not give James into custody, because I thought there was no witness to come in my favour—I gave him into custody afterwards, because I found there were some gentlemen to come forward and swear what they saw—no one said, I had better give him into custody, or he would be a witness against me.

Q. Had you seen this woman before that you were with? A. Yes, in the street, and on the Friday night afterwards I gave her into custody for being implicated in this robbery—I lost my chain that night—the woman went away that night—I know that James went to the police station that same night, and told the inspector that he would give me in charge for cutting him to the bone with a knife—he followed me to the station to give me in charge—the policeman told him he must come the next day before the Magistrate, and he did.

Q. About the Italian boys with the white mice, you were discharged? A. Yes, because a vile conspiracy was set up against me—I preferred a charge at Marlborough-street against a man for keeping fifty boys—it was not in consequence of that that I was dismissed—I did not lay a charge against him that he had fifty boys, and then when at the Court refuse to swear that there were more than ten—I was dismissed in 1844—I never brought any charge against Abiatti, but against his brother—that was in 1842—they never had Abiatti, he was too artful for that—no one paid me, I did it gratuitously—I mean I did all this for nothing—they set up a conspiracy against me, and the police took my warrant away—I had had it seven or eight months.

MR. HORRY. Q. Was there a society formed for putting down the Italian boys? A. Yes, in 1843—I was sworn in as a constable under that society—I received a warrant from the commission at the society's request—from the beginning to the end I did not receive a farthing for myself, nor did I ask for it—I had plenty of money myself, doing a good business.

CHARLES STEBBINGS . I am a labourer, living at No. 2, New Northfolk-street. I was in bed about 2 o'clock on the morning of 25th Sept.—I heard cries of "Help! Murder! Police!"—I went to my window and opened it, I looked out, and saw the policeman, and two other persons—I saw the prosecutor outside, between my house and No. 3—the two prisoner and two persons, not in custody, knocked him down—it was a rush of them all—it was impossible to say which did it, but Thomas was on him directly he was down on his back—one, who is not in custody, was holding his head James was holding his right side, while Thomas was on his breast—I saw James rise up from the prosecutor, and kick him very violently in his right side—I heard James say, "Have you got it?" and Thomas said, "I have got the b——r," but what it was I do not know—I saw the officer come up, but before that I saw James strike the prosecutor, and knock him down twice—he said he had cut him.

Cross-examined by MR. SLEIGH. Q. You heard one man say, "He has cut me to the bone"? A. Yes, something like that—I saw this out of my window—I do not know that one of the men had been cut with a knife—there was nothing said respecting the cutting till the scuffle was nearly over.

JURY. Q. Did you see the prosecutor knocked down twice? A. Yes, by James—the first was a general knock down.

WILLIAM DUPREE . I am a sawyer, and live at No. 35, New Norfolk-street. About 2 o'clock that morning I heard a cry of "Murder!"and "Help!"—I got out of my bed, and saw that the two prisoners had got the prosecutor by the throat—he was down, he got up again and pulled the knife out of his pocket—I had seen the two prisoners before, about 10 or 11 o'clock—I had my supper, and went to get half a pint of beer—I saw the prisoners in the corner of the public house.

Cross-examined by MR. SLEIGH. Q. You knew that the house No. 3 was a brothel? A. Yes, and I saw all those persons come out of the house in a body.

Cross-examined by MR. RIBTON. Q. Did you see the knife in the prosecutor's hand? A. Yes, that was the first I saw of it—I saw him take it out of his pocket, and saw it in his hand after he took it out of his pocket—I did not see him come out of the house, he was out when I saw him first—I swear I saw him take the knife out of his pocket when he was down on the right side—I will not swear that the knife was open—when he was lying down, and the prisoner had got his knee on his chest, he took the knife out—I am a sawyer.

Q. Do you know what the prosecutor has sworn about the knife? A. No—I mean to swear that while the prosecutor was lying on the ground, and they were kneeling on him, I saw him take the knife out of his pocket.

HENRY CLARK (policeman, G 137) I was on duty that night in the neighbourhood of Norfolk-street—1 heard a cry of "Police!"and "Murder!"—I ran up and saw Thomas Horne kneeling on the prosecutor's breast, and holding him by the collar—the prosecutor was calling "Police!" at the time, and he said, "They have robbed me of my watch guard*—James Home came up to me, about two yards from the prosecutor—he said, "I give this man in charge for stabbing and wounding me"—I got the prosecutor up—he said, "They have stolen my watch guard"—I said, "Who? "—he said, "That one," pointing to Thomas—there were two other men there—one followed to the station, the other went away.

Cross-examined by MR. SLEIGH. Q. When you heard the cries of "Murder!"the scuffle was still going on? A. Yes—I did not see either

of the prisoners wrest the knife out of the prosecutor's hand—they had got it from him, and Thomas had it—when he said that he gave them in charge for stealing his watch guard, I asked him, "Who?"—he pointed to Thomas, and said, "That one"—I mentioned that at the police court—the Magistrate told me the first day to give my evidence short, as he had a murder case.

Cross-examined by MR. RIBTON. Q. You came up when the prosecutor was on the ground? A. Yes—Thomas had the knife in his hand, and refused to give it to me—James had told me before that he would give the prosecutor into custody for cutting him—there was a woman there, Mrs. Summers—I cannot say whether she was crying—she seemed very much agitated—I went with the prisoner to the station—I have had the knife ever since—I saw James's hand—it was cut very badly, and was bleeding—I saw the woman there who has charge of the house, not the landlady—the passage of the house is about three feet wide.

MR. SLEIGH. Q. On the Friday the prosecutor gave charge of the woman? A. Yes—the prosecutor had been drinking.

GEORGE MILLS (policeman, G 131). I was on duty on the morning of 25th Sept., at half-past 1 o'clock—I saw the two prisoners come out of the house, No. 3, New Norfolk-street—they stopped in front of the door—there were two others with them—I passed and re-passed them—I am sure of them—I went my round, and when I came back they were gone.

JOHN NEALE (policeman, G 92). On 26th Sept. I took James Horne into custody—I told him the charge against him was being concerned with another in robbing the prosecutor of a gold guard.

Gross-examined by MR. RIBTON. Q. When you took him, he was on parade at the Artillery Ground? A. Yes—I did not know that he had charged the prosecutor with cutting and wounding him. (The prisoners received good characters.)


Reference Number: t18551022-958

958. CATHARINE CASE , stealing, on 9th Oct., 3 shirts and other property, value 19s.; and on 10th Oct., 1 piece of foreign silver coin, value 1s.; the property of William Toogood, her master.

MR. RYLAND conducted the Prosecution.

WILLIAM TOOGOOD . I am a dairy man and boarding house keeper, in Angel-street, St. Martin's-le-Grand. The prisoner was a daily servant to me for fifteen or eighteen months—she was accustomed to carry the milk to the customers, and collect the money, and pay it to me or my wife—I had a foreign silver coin, which I had had by me since 1852—I gave it to my wife on Tuesday, 9th Aug.—on the next day I came in to tea, and I observed my wife was confused—I asked her the reason, and she said to the prisoner, "Kitty, show Mr. Toogood that piece of coin"—she put it down on the table—I took it up, and said to the prisoner, "How did you come by this? "—she said she had taken it of a customer—I said, "Who?" she said, "Either Coney's, the Butler's Head Tavern, or at the butcher's in Newgate-market"—I said, "You know you have told me a lie, and it is not the first"—I got up from tea, and went to those two persons that she had named—I saw them—1 came back to my own house, and charged the prisoner with robbing me—I told her that she had told me a falsehood, that neither of the parties she had named had given her that piece of coin, and she must have stolen it out of the writing desk, and I would give her into custody—I sent for a policeman, I told her before the policeman that if she would go with me and the policeman, and search her boxes, if

there was nothing belonging to me there, I would forgive her about the coin, but she refused to do so, and I gave her into custody—I did not know where she lodged—I had asked her, but she would not tell me—she was taken to the station, and a key was found on her by some female, but I was not present when she was searched—the searcher produced the key, and said in the prisoner's presence that she had found it in her pocket—the inspector told the policeman to go home with her—they went, and I followed—the prisoner went to the back of Holborn, and to one place and another, and at last she said she did not know where she lived, and if we bothered her for a month she should not know where she lived—at length it occurred to me that some time ago she spoke about a murder having been committed in the house she lived in—I went back to the station, and told the officers—they then referred to their book, and found that it was in Three Diamond-court—she was living there with her sister—I went to the room with the officer—I found her sister there, with sixteen or seventeen men and women—the prisoner was then in the station—we examined the room, and found a linen sheet and various other articles in a box, which the key fitted that was found on the prisoner—amongst other things was a piece of Irish linen, that was cut off a piece that was in Mrs. Too good's bedroom—the two edges correspond exactly—this sheet has my name in full length on it—this other sheet was on the bed—I believe it is not marked—here is a child's frock, a hair brush, and other things—as far as I know, these things were never given to her.

Cross-examined by MR. M'ENTEER. Q. The prisoner was in the habit of delivering milk and bringing back the money? A. Yes, on one occasion she brought a bad half-crown, which she said she took at Coney's, but she did not—my wife was confined some time ago—I certainly never took any liberties with this girl on my oath—there never had been any dissatisfaction between me and Mrs. Toogood on that account, certainly not—the prisoner has not slept in my house, to my knowledge, for the last twelve mouths—while I was in the country my wife took the prisoner's sister out of charity, and gave her lodging while she was out of a situation, but I did not know it—I have seen her sister once or twice in an evening waiting for her—this is the piece of coin—I believe it was put in the writing desk with other money—the prisoner never got any presents from Mrs. Toogood to my knowledge—I should not like to swear to some of these articles as my property, but I believe they are all mine—I identify this piece of linen—the sheet has my name marked in full—here is a pair of silk cuffs belonging to my daughter—there was a great fuss about them when they were missed—the prisoner was asked about them—she said she knew nothing of them.

COURT. Q. Where did you keep this coin? A. In my pocket, till I gave it to Mrs. Toogood.

MARY TOOGOOD . I know this coin, my husband gave it to me on 9th Oct.—I placed it in my daughter's writing desk—it was not locked—it was kept in the parlour—that is a room to which the prisoner occasionally had access as my servant—on a day in Oct. the prisoner accounted to me for the money for the milk, she paid me this coin for a shilling—I recognised it as the one I had put in the writing desk—I said to her, "Where did you get this coin? I think it is mine"—she said, "Oh, dear, it can't be yours, I have taken it from Coney's, the Butler's Head, or from somebody in Newgate Market"—I said, "I think it is mine, I am sure it is mine, I am certain"—she seemed very much confused, and did not wish me to say anything about it, and said that she would get it changed next day—I said if I could not

find mine I should tell about it—I went to the writing desk to look for mine, it was gone—I went into the parlour where Mr. Toogood was, and showed this to him—he went to Mr. Coney's, and the other place she had mentioned—he came back, and said they had not given it her—the prisoner then said she would tell me all about it, if I would not say anything more—she said she had taken it off my table in the morning, while I was up stairs—I said she could not have done that, she must have taken it from the writing desk—Mr. Toogood said, if she would let him look in her box, and there was nothing there belonging to us, we would forgive her about this coin—she said that she had got the key of her box, and she defied us looking in her box—I afterwards saw some things which were said to be found at her lodging—this piece of linen was in my house—the policeman brought a piece which fitted it exactly—these cuffs are my daughter's, this sheet is my husband's and these other things—I never gave them to the prisoner, nor allowed her to take them.

Cross-examined. Q. I believe on some occasions you were kind to her? A. I have given her old dresses and wearing apparel of my own—Mr. Toogood said she should go out of the house, I said she should not go till I got another servant—I never gave her a pair of razors—during the eighteen months that she has been selling milk for us she has discharged her duties honestly—her sister lodged with me for a short time when she first came from Ireland, and since that she used sometimes to come on an evening.

JOHN HARRISON (City policeman, 242). I apprehended the prisoner at Mr. Toogood's house—she was charged with stealing a foreign coin—she told me that she took it from a customer—she was afterwards searched at the station, and the female searcher gave me this key—I went and searched a house in Three Diamond-court, Hosier-lane—I found there a box which that key opened—I found this linen sheet marked Toogood, a brush, a petticoat body, a pair of silk cuffs, and this piece of Irish linen—I took it to Mr. Toogood, and compared it with this piece that is here—they fit as near as I can guess—they do not fit exactly.

Cross-examined. Q. You found other things that Mr. Toogood could not swear to? A. Yes, but to his belief they were his.

GUILTY . Aged 25.— Confined Six Months.

Reference Number: t18551022-959

959. PHILIP HUMPHERY , stealing 351bs. weight of copper, value 1l. 12s. 6d., the goods of William Thomas Fairey.

WILLIAM THOMAS FAIREY . I live at the Earn Inn, Smithfield—I employed the prisoner to repair a roof there—on 12th Oct., I saw him leaving in the afternoon, and I asked him what had become of the stuff from the gutter—he said he had not moved it, if anything was moved his man had done it—I took him to the tap-room, where his man was, and told him, and he said, "Me and you have taken it"—I said, if he fetched it back, it should go no further—the prisoner said he knew nothing about it—I have seen this copper which is here—I had never seen it before—I do not know it—I never was on the roof.

Prisoner. A day or two before I went to repair this roof I told him the boards were bad, and he advanced me half a sovereign to get new boards, and it was impossible to put them down without moving the copper.

GEORGE VINCENT . I am a plumber, and live in Robin Hood-court—I was employed by the prisoner to come and put down a new gutter—I was at work with the prisoner on 12th October—I took up some copper

from the gutter, and chucked it into the yard—the prisoner carried some of it, and I carried some to John-street, and it was sold to a brass founder for 1l. 12s. 6d.—the prisoner received the money—Mr. Fairey spoke to me afterwards about it, and I told him—this is the copper (produced).

Prisoner. Q. When I came after you to examine this gutter, was it not full of holes? A. Yes it was, and very leaky—you said, "The best plan "would be to sell this, and put down a leaden gutter," and I took the mea-sure, to see what it would take.

THOMAS PRIME . I am in the service of Mr. Fairey—I examined the roof, and looked at the copper that is still left on it—I have compared it with this copper that is produced, and they fit exactly.

Prisoner. Q. What did you give me a half sovereign for?—was it not to buy boards? A. I gave it you to buy a piece of zinc and a small piece of board—you said it would not come to 10s.

CHARLES BATCHELOR . I am a brass founder, of St. John-street—the prisoner and Vincent came to me on 12th Oct., and brought this copper—I bought it for 1l. 12s. 6d.—I paid the prisoner.

THOMAS STACE (City policeman, 279). I took the prisoner on 12th Oct., for stealing some copper from the prosecutor's loft—he said, "I did not steal it"—I took him to the station, and went to Mr. Batchelor, and found the copper—this is it.

Prisoner's Defence. I am innocent of the charge brought against me; I was employed to put down a new gutter, and before I got the lead to do it, he gave me in charge.

(The prisoner received a good character.)


Reference Number: t18551022-960

960. ELIZABETH BAILEY , unlawfully uttering counterfeit coin.

MR. LILLEY conducted the Prosecution.

ANN MOORE . My husband keeps the George and Vulture public home at Wapping-wall—I had seen the prisoner several times before I detected her—on 9th Oct. she came for a pint of ale—she paid me with a half crown—I gave her change, and put the half crown away in a piece of paper in the cupboard—after the prisoner was gone I examined it, and found it was bad—I had thought it was bad when I took it, which made me put it where I did—the prisoner came again on Saturday evening, the 13th—she had a quartern of gin in a bottle, and gave me a half crown again—I wrapped that in a piece of paper, and put it in the cupboard with the other—I afterwards examined it, and found it bad—I sent it to a pawnbroker to inquire—I then wrapped the two half crowns in separate papers, and at last I gave them to the constable.

COURT. Q. When you got the second half crown, did you put it away before she was gone? A. No, I ascertained it was bad before I sent it out of the house and marked it—I sent it out by a female, who is not here—the pawnbroker is not here—I marked it before I sent it, and know it to be the same—these are the two half crowns.

JAMES MOORE . I am the husband of the last witness. On Saturday, 20th Oct., the prisoner came and had a glass of gin—she paid me a half crown—I tried it, and found it was bad—I said to her, "This is bad, and I think you are the woman I want"—she threw down a good one—I declined to receive it, and I gave her into custody—I bent the bad half crown, and gave it to the constable—this was about 7 o'clock last Saturday morning.

JOHN PRATT (policeman, K 197). The prisoner was given into my

custody by the last witness last Saturday, and at the some time he gave me this half crown—I received these other two half crowns from his wife.

WILLIAM WEBSTER . I am inspector of coin to the Royal Mint—these three half crowns are all bad, and from the same mould.

Prisoner. The witness took the good half crown from me, and he has got it now.

GUILTY .— Confined Twelve Months.

Reference Number: t18551022-961

961. JAMES PRATT was indicted for a like offence.

MR. LILLEY conducted the Prosecution.

MARY ANN STARKIE . I am the wife of George Strike, who keeps a chandler's shop in Paradise-row, Mill-wall—I saw the prisoner last Saturday night—I served him with two eggs and some bacon—he gave me a half sovereign—I gave him change, and he went away—I took up the half sovereign and found it was bad—my husband opened the door and said he would go and see if he could see him, and went out—the prisoner is the man, if it were the last word I had to speak.

Prisoner. I never was near the place; how can you say I am the person? what proof have you that I came? Witness. I can say so—you are the person.

MR. LILLEY. Q. At what time did he come? A. About half past 7 o'clock—he was in my house about ten minutes—he got talking to my husband, and said he was at Mr. Weston's, and my husband ran there to inquire.

COURT. Q. Had you a candle burning? A. Yes, a large sized candle.

GEORGE STARKIE . I was in my shop last Saturday night—the prisoner came in—I saw him served with some articles—he tendered a piece that I thought was a good half sovereign—the prisoner it the man—after he left I looked at the coin, and found it was bad—I went after him to Mr. Weston's—he said he belonged to a barge lying at Mr. Weston's—I went, and there was no barge there—I at length found him at the Lord Nelson public house in Mill Wall-road—the policeman had got him in charge—I marked the half sovereign, and gave it to the officer.

Prisoner. When he came, he said I had been to his shop and changed a bad half sovereign, and I had no change about me.

ROBERT SHEPHERD . I am landlord of the Lord Nelson, at Poplar—last Saturday night the prisoner came to my house—he called for half a quartern of rum, and tendered a piece of coin representing a half sovereign—I saw it was bad, and I asked him where he took it—he said, "At London-bridge"—he said he had been to Greenwich, and was going back to London—I sent for a constable, gave the prisoner into custody, and gave the half sovereign to the constable—while the prisoner wag there in custody, the last witness came in, and accused him of passing a bad half sovereign at his house.

Prisoner. I did not tell you I was going to London, I said Limehouse. Witness. No, it was London you named to me.

Prisoner. I know I had one which I gave to this witness; the other witnesses I never saw.

JOHN SAUNDERS (policeman, K 234). I received the prisoner from Mr. Shepherd, and this half sovereign—this other half sovereign I got from Mr. Starkie.

WILLIAM WEBSTER . These are both bad, and from the same die—they are struck in brass, and electro gilt afterwards.

Prisoner's Defence. When the shopkeeper came to the public house he

said, "You have been to my house and passed a bad half sovereign "I said, "How can you say so? I have just come from Greenwich;" he said that I had not, and gave me in charge.

GUILTY . Aged 31.— Confined Twelve Months.

THIRD COURT.—Friday, October 26th, 1855.


Before Russell Gurney, Esq., and the Eighth Jury.

Reference Number: t18551022-962

962. THOMAS MILLER and EDWARD WAKE , stealing 21 reams of paper, value 8l.; the goods of Charles Samuel Millington and others, their masters; and EDWARD LEWIS , feloniously receiving the same.

MESSRS. PARRY and METCALFE conducted the Prosecution.

CHARLES MILLINGTON . I am in partnership with Mr. Hutton, as wholesale stationers, in Budge-row. Miller was our porter—it was his duty to take the list from Mr. Gregory, our manager, at each day's town delivery—it was his duty to load the waggon for the town delivery—he had a porter, named Neale, to assist him—he would literally load the van, and, if he had not as much as was in the invoice, it would be his own fault if he did not point out the error—if there were twenty or ten reams additional, it would be impossible for Wake not to know it, as one of the reams in question weighs over a hundredweight—I do not think Miller could take ten or twenty reams by mistake—the boy, Joyce, used to attend on the cart—I do not think anybody could have put paper on the cart without Miller's knowledge if he attended personally on the loading—on 24th Sept, I think it was, I went with an officer to Lewis's shop, No. 36, Mitre-street—(that is where Moss gives his address on some of the invoices)—we first went into his little front parlour—he was engaged in taking an order for lucifer match boxes—the officer told him he would recollect that he had been there some few days before, about some paper, and said, "You will allow Mr. Millington to look over your premises?"—he said, "Certainly," and took me over—I saw probably twenty reams of paper, some without wrappers at all, and others with the labels; others with a portion of the wrapper torn off—this (produced) is a perfect ream from my own warehouse—here are two wrappers—one has a label pasted on, and there is a little stamp, which bears the date as well as the label—this is one of the reams which were at Lewis's house, and I potently believe that it came from my warehouse, having received 450 reams of it—I asked Lewis where he got these papers—he hesitated and thought a little while, and then said, "Oh, that? I bought—that long before Christmas"—I said, "Indeed! that is strange, considering it only paid the duty in June last"—I do not think he made any reply to that—he said he bought it of different people, mentioning the names of Wilson, and Morgan, and Stacey—he said that he had invoices of what he had got, and had his file up, and looked for them, in ray presence, but could only find one, bought of a man named Evans, without any address on it, in the preceding year—he looked for the invoices some time—I was there an hour, or an hour and a half, but he produced no invoice but that—I directed his

attention to the rest of the paper, and made the same remark, but he could not produce the invoices—I found one ream where the duty had not been taken off—the Excise laws regulate that this stamp shall be on part of the two folds—as it is done quickly, it is not always perfect, but this ream has it perfect—the date here is "7—6—55"—whoever did this, has omitted to tear off the dates on almost every ream—I have examined many of these reams—they all bear the same date—I think there were eleven reams of this sort of paper, and we received on the following day to this date, 450 reams—all the paper that we receive in stock bears the charge date—this is dated June 7th, and we received it on the 8th—I have not the slightest hesitation in saying that it is our paper—I asked Lewis what his object was in tearing these off—he said that he had pill boxes to make, and tore these labels off, as being thicker paper—here are twenty-three quires of very large brown paper (produced)—the cover was torn off one ream before the former ream was all used.

Cross-examined by MR. LILLET. Q. Does Gregory assist in selecting the goods? A. He would dictate what would be selected, but in no instance would he do the loading—I do not think the goods are ever moved over night—they might be once or twice, but I have never known it; nor do I think they would remain an hour or two after loading—we pack nothing for town—the packing men are not applied for that purpose, unless we have a country parcel put in, which would be done up and directed—the loading is done at the entrance in Sise-lane; it is a large gateway—Wake was porter at one time, but not for several years before Miller, and whether in that capacity, I do not recollect—anybody in the establishment had access to the warehouse.

Cross-examined by MR. COOPER. Q. You are wholesale sellers, you do not make the paper? A. No, we have it of probably 300 different manufacturers, but each has a mill, so that we can always tell which it is—I think match boxes are made of wood, not of paper—I know that Lewis has been for some time in such a wretched state of health as to be unable to attend to his business, and he accounted for not finding the invoices by that reason—I do not know that the man superintending his work was his brother.

Q. Are you sure he used the name of Wilson and Morgan? A. Not Morgan—he did not use the name of Green—I did not see these other two invoices (produced.)

Cross-examined by MR. LAWRENCE. Q. Wake has been in your employ a good many years? A. Yes; he was carman, and was responsible for the goods, he would take the invoices, and bring the receipts back—the marks on this brown paper are entirely obliterated, but there are little imperfections which are in my paper.

JURY. Q. Is there any of this particular description of paper deficient? A. I am not able to say, I cannot tell when we had it.

JOHN SPITTLE (City policeman). On 17th Sept., after taking Moss into custody, I went to No. 36, Mitre-street—I went into Lewis's work shop; he is a lucifer match box maker—I saw a pile of paper there, between twenty and twenty-five reams, the whole of it had the excise labels on it, and they all appeared to be perfect reams—I did not disturb them then, I was looking for the catalogue mentioned by Moss—I went again on the following Monday, the 24th, with Mr. Millington, after I heard of the cart stopping, and found about the same number of reams—there were then no excise wrappers, they had been torn off in the interim—I am sure of that—

I saw Lewis both on the first and second occasion—he said that he got these nine reams of paper before Christmas—I saw Mr. Millington point out the stamp mark "June" to him—I asked him where he bought it, he said he had the invoice—I said, "Get it," and he could not find it—he gave me two invoices, which he said had reference to a portion of the white paper bought at Williamson's—Mr. Millington said, "There is no such name," and then he said that it was Wilson and Morgan, and of Stacey; and in the cab he pointed out that particular paper to me—I did not go in uniform on the first occasion, but I told him I was a policeman, and came to search, and that I had Miller in custody for stealing paper—on the second occasion I told Lewis that the carman had been bringing paper to his house for the last twelve months—he said that it was no such thing, and if it had been brought there he must have seen it, and that it was only a roll of music paper that Moss used to carry—I said, "Reams of paper brought here on a man's shoulder"—he again denied it, and said that no paper came to his house except to him, and he should not have allowed it to remain there—I described Wake, and asked whether he knew him—he said that he did not—I took him and the paper to the station—on the 2nd I took Miller and Wake; Miller said that he was innocent, and did not know Moss; and on the Wednesday, I asked Wake whether he knew Moss, the singer, and he said, "No."

Cross-examined by MR. LILLEY. Q. At that time Moss was in custody? A. Yes, and had been so a week or ten days.

Cross-examined by MR. COOPER. Q. You told Lewis that you were a police officer? A. Yes—he gave me permission to look over his premises at once—he complained very much of ill health, but said nothing about his brother—he appeared very ill indeed—I took possession of these invoices (produced)—I have picked out two which Lewis gave me, referring to the white paper—all these invoices are for paper, but none of them refer to the purchase of paper during the last nine months—he did not show me these two (produced), nor point them out to me at the time—he said that he had other invoices in his desk, and I told him to produce them.

MR. PARRY. Q. He produced none to you referring to this paper? A. No—he was up, and was in his work shop—the invoices here for paper are made out to him, and not to his brother—I saw his brother there, but he did not come forward—he has a brother who can explain these matters if there is any explanation to give, and who is here now.

SAMUEL JOYCE . I am called the dog, and am in the employ of Millington and Hutton. It is my duty to follow the cart, and to see that nothing is taken out—I used sometimes to stand by the cart when it was being loaded—Miller and Neale loaded it—after it was loaded, Wake saw that it was all right with the invoices—that was his business—I remember some brown paper like this (produced) being put into the cart, but do not remember the day, or what month it was—I believe Miller put it in, but cannot say positively—after it was put in, the cart stopped at Webber-street, Waterloo-road, and I gave it out to Wake, who took it across the road, down Webber-street, which leads to Mitre-street—the cart used to stop there about once a week, and goods were taken down Webber-street—Wake sometimes stopped at the corner of Webber-street, but I cannot say the number of the house that he went into—they were large parcels that he took out—Miller and Neale loaded the waggon on those occasions, and sometimes I lent them a hand.

Cross-examined by MR. LILLET. Q. How long have you been in the habit of going with the waggon? A. Ten months—the brown paper was tied up, with a wrapper over it—Imperial brown has often been sent out to customers, as many as 100 reams from time to time—when the packing men had anything to go to the country, I have seen them assisting in loading the waggon, or anything for export—Wake sometimes took in the cart anything for the country which was to be left at a railway carrier's—Tarr sometimes helped to load.

Cross-examined by MR. COOPER. Q. Did you go out with the cart? A. Yes, sometimes—I did not always see the places Wake went to—I know the regular customers.

MR. METCALFE. Q. When you took paper to go into the country, was it packed and directed? A. It was packed altogether—there is no difficulty in ascertaining the sort of paper taken out for the town delivery, because the ends are open—we used to deliver paper at Scott and Hall's—the cart used to draw up to the door, but when goods were taken to Mitre-street it stopped at the corner of the street.

ELIZABETH TILLET . I live at the corner of Mitre-street and Short-street. I remember Mr. Millington's cart stopping at the corner just opposite my house—the boy gave out some reams of paper to Wake, who carried it down Mitre-street some considerable distance, and went into a house near a chandler's shop.

Cross-examined by MR. COOPER. Q. How many houses are there? A. I cannot tell—there are not 100.

REBECCA RADFORD . I live in Mitre-street, nearly opposite No. 36, which is occupied by Lewis. I have seen Moss there—I remember Mr. Millington's van stopping at the corner, and saw the carter take a heavy parcel like sugar paper down Mitre-street, and into Lewis's.

Cross-examined by MR. LILLEY. Q. When did you first mention it to anybody? A. It was their friends who came and asked me the question, and I told them—some gentleman came to me—I have seen paper taken In a great many times, which I know was paper for match-making—I live seven or eight doors from No. 36—I have seen match boxes go out from there in large packages, with covers over them, and tied up in handkerchiefs, as the women bring them home—I know Moss by sight, as being with Mr. Lewis—I did not know, until I saw him at the bar, that Lewis was unwell—I never spoke to any of them in my life—I looked at the cart because it had a fine looking horse—the gentleman who came to me did not say, "Did you see Mr. Millington's van standing there?"—he said, "I have come about some paper"—he did not tell me his name, nor from whom he came—I told him that I saw the man take the paper, and saw the name on the van—I swear that I thought of looking at the name—I swear that the gentleman did not say, "Did not you see a van with Millington's name on it?"—being struck with the beauty of the horse, I looked at the name on the waggon—I cannot read—I cannot read this paper—I read the name on the cart—I cannot read writing—I shall not tell you whether this book (looking at the title page of of a Testament, handed to her by Mr. Cooper) is "Robinson Crusoe" or not—I cannot read it to you—it is printing—as to reading grave stones, I say nothing but the truth, I never go into a church yard—I cannot read this.

MR. METCALFE. Q. Did you see Mrs. Tilley standing at her door? A. Yes; she saw what I saw—that was nearly a month before I was spoken

to by the officer—directly he had spoken to me about it, somebody came over from Lewis's house to me about it—I have seen the van and horse since—it is a grey horse.

COURT. Q. How could you read what was on the cart? A. I did read what was on the cart—I can read printing if it is large, when I sit down—I did cot sit down but I saw it on the cart, I read the name on the van—when I went in I said, "What a heavy load of paper that is gone down there.

COURT to MRS. TILLEY. Q. Do you remember the colour of the horse? A. Iron grey.

MR. COOPER Q. Are you quite sure of that? A. It was what they call iron grey, but I do not understand horses—I do not know whether it was a dapple grey—it was not a chestnut—I am not a fancier of horses.

ALFRED NEALE . I am porter to Mr. Millington. It was my duty to assist in loading the goods—Miller had the list—we both used to select the goods—I never saw the list—I selected them by Miller's orders—he did not show me the list, because I was under him—I am the only person who assisted besides the boy, all goods put in the van were put there by Miller's directions from a list which he previously had.

Cross-examined by MR. LILLEY. Q. Have not you seen other people assisting? A. No; I never saw Tarr helping, or the packing men—I am not positive that Tarr has not, I could read the list if Miller showed it to me—I can read Mr. Gregory's writing, I am not much of a scholar—I can read this paper; it is headed, "3rd Court List, 26th October"—when the goods are selected, they are put down in the warehouse by the door—the gates are close handy to the door—Size-lane, is rather a thoroughfare—after the goods were selected, they would sometimes be left by the door for an hour or two—persons belonging to the firm were coming in and out all day—after the cart was loaded it sometimes stopped, it may have stopped a couple of hours—persons who do not belong to the firm, come in from time to time at the same entry.

MR. METCALFE. Q. The van is backed into the warehouse? A. Yet, and then we get sufficient room for people to pass.

JOHN TARR . I am under warehouseman to Mr. Gregory. When goods are selected for the van by Miller, he sometimes comes to me for them—he knows where to find the goods as well as I do—he has not shown me his list lately, he did a good bit ago, but very rarely—I have not looked at the list for the last four or five months, when I took goods from the ware-house, I had no authority to look at it unless he liked—I have charge of the goods, and show him where they are—I have said, "How many reams do you want? let me look at your list," and he has refused.

Cross-examined by MR. LILLEY. Q. Were you not in his situation previously? A. No; I was with him, but not under him, that is a long time ago, two years I should think—he never showed me the list at any time, except on rare occasions.

GODFREY GREGORY . I am principal warehouseman to Messrs. Millington. It is my duty to superintend the execution of the town orders—I gave Miller a list from which he would have to get the goods from the warehouse, take them to the cart, and as a rule would put them into the cart—I gave Wake the invoices for each parcel of goods; there ought to be nothing in the cart, for which there was not an invoice—for each quantity of goods so invoiced and delivered a receipt should be brought back, returned to the desk and ultimately filed—it was Wake's duty to bring back

the receipts; he ought to have delivered nothing for which there was not an invoice, and for which he did not bring back a receipt—I recollect no customer in Mitre-street, ever—Wake had no authority to deliver paper there, without an invoice from the house—I find no receipt for goods delivered at No. 36, Mitre-street—we received a great quantity of this paper (looking at some), and it is impossible to trace it, having had some in the house previous and since, but it is of the same quality, and is charged with duty on the same date, "7—6—55"—no paper has been sold to Lewis at all—the rest of the twenty reams are without wrappers, therefore it is impossible to identify them, but it is my belief that they came from Messrs. Millington's.

Cross-examined by MR. COOPER. Q. You have your paper from many makers, and other makers supply many people? A. Yes—there is a great deal of such paper in London, no doubt.

Cross-examined by MR. LILLEY. Q. You sometimes assisted, did not you? A. I have done such a thing.

CHARLES MILLINGTON re-examined. After Moss was taken in custody, I called Miller and Wake into my room—I asked them what they knew about this robbery—they said that they knew nothing at all about it—I said, "Oh yes, you do; you know Moss and Lewis, and Hudson"—I put that a dozen times, and they as firmly up to the present moment denied it—I did not say where Moss and Lewis lived; but I had heard something which induced me to put the question.

Cross-examined by MR. LILLEY. Q. Did not you say to Miller, that you would not press anything against him? A. No, nor anything to that effect—I am clear on that subject, because I was specially told not.

SAMUEL PRIDDY . I was potman at the Coburg Arms, Mitre-street I know Moss and Miller, and have often seen them there on Sunday mornings—they used sometimes to come in together—they were together in the house—I have also seen Jos Lewis, the brother of the prisoner, there.

Cross-examined by MR. LILLEY. Q. You were there eight weeks? A. Yes—they used to come every Sunday morning, and sometimes eight or nine or twelve other parties—Jos Lewis and Miller used to associate and drink together, and the eight or nine other persons all drank together too.

MR. METCALFE to JOHN TARR. Q. Did either Wake or Miller tell you about attending the Coburg Arms? A. No, but they said that they used to meet close to the Victoria Theatre, and if they did not get there by 1 o'clock, I believe it was on Sundays, they were fined.

MR. LILLEY. Q. Did they say that it was a club, or anything of that sort? A. No—they said it on different occasions, they told me as mates together—we do not work on Sundays.

ROBERT STACEY . I am a stationer, of No. 4, New Inn-yard, Shoreditch. I have seen the paper (produced)—I did not sell any of it to Lewis.

Cross-examined by MR. COOPER. Q. You have sold Lewis a great deal of paper in your time? A. Yes, but I have not sold him any similar to this for a long time; two or three years—I know that he deals with other men besides myself—I have paper of his which he has already paid for—I have by me now about eight quires, which he has purchased of me—I do not know that he has been unwell; I have not been near him—he was merely a retail customer—I purchase of Mr. Millington, and send out his paper; but I do not purchase this description of paper. I have known Lewis some years, and I looked upon him as a respectable man—he paid for his goods on delivery.

MR. METCALFE. Q. When you sent goods, did you send an invoice with them? A. Yes, and the money was always sent back.

JURY. Q. Did you ever sell him a ream of paper at one time? A. I do not remember it—I have generally sold him twenty reams—when I said that he was a retail customer, I meant, not on the books; a ready-money customer—it is blue paper that I have sold him twenty reams of at a time.

JAMES GIMBER . I am from the firm of Wilson and Morgan, of 103,104 and 105, Cheapside. I was managing man just before Christmas—I am now traveller—I have looked at the mill number, and find that we have never received any of this paper in our house—this 6 1/2 lbs. paper never came from our house at all.

Cross-examined by MR. COOPER. Q. He may have had paper from your firm? A. Yes, I merely speak independently.

MR. METCALFE. Q. If he had, would he have invoices? A. Not if he purchased over the counter; but if there were as many as ten reams, he would have an invoice.

(The prisoners received good characters.)

MILLER— GUILTY . Aged 24.)

WAKE— GUILTY . Aged 27.

LEWIS— GUILTY . Aged 30.

Confined Eighteen Months.

Before the Fourth Jury.

Reference Number: t18551022-963

963. JAMES BARNEY , unlawfully obtaining goods on credit, within three months next preceding his being adjudicated a Bankrupt.

MESSRS. BALLANTINE AND PRENTICE conducted the Prosecution.

FRANK AUSTIN . I am clerk and usher of the Court of Bankruptcy. I produce the proceedings in the matter of Barney, a Bankrupt. (These consisted of the Declaration of Insolvency, dated 4th August, 1855, the petition of James Barney dated August 6th, on which day he was adjudged a bankrupt—Liabilities between 8,000l. and 9,000l.—Assets about 1,500l.—also the Gazette of Aug. 7, 1855, by which he was gazetted a bankrupt.)

JOHN KIBBLE . I am a clerk in the office of the Chief Registrar. I produce the declaration of insolvency.

----REED. I am a solicitor. I was acting in this matter in the first instance—I am attesting witness to the declaration of insolvency, and was present when the defendant was adjudicated a bankrupt—I heard proof given of the trading, and so on.

HUGH M'GREGOR . I am a woollen agent, of Nos. 6 and 7, Addle-street, Wood-street. I know the prisoner by sight only—he occupied premises in the same building as I do, and carried on the business of a warehouseman—I have known him doing so for about nine months, up to Aug. this year—I am agent to Taylor and Robinson, of Huddersfield, Wholesale Woollen Manufacturers—I am in the habit of getting orders for them—on 28th June in the present year, to the best of my belief I received an order from the prisoner for six pieces of union tweed, which is also known as fancy union doe, at 1s. 9d. per yard—18l. 19s. was the sum he was to pay for them—he was to pay it on the second Saturday in August—they amounted to 2191/2 yards—I cannot say on what day they were received by the defendant; because they came from Yorkshire—I saw him about 18th July, and he said that he should pay for them as he had promised, but nothing was said about their having arrived.

Cross-examined by MR. TALFOURD SALTER, Q. Your business is to go round

to solicit orders? A. Yes—the defendant told me that he had been buying woollen goods, and I asked him to look at mine—that was the first dealing be had with me—I saw him at his own door, we both enter at the same outer door—I saw cloths and hosiery in his warehouse.

JOHN ADAMSON RUSSELL . I am a pawnbroker, of No. 37, Fore-street In July last, Mr. Adams was my managing man—I produce some invoices which I had from the defendant—one of them has reference to this matter.

ALEXANDER ADAMS . In July last I was managing clerk to Mr. Russell, and purchased 219 1/2 yards of fancy union doe of the prisoner—they were cotton and worsted goods, tweed—I gave him 1s. 2d. a yard, net cash, for them, that is 12l. 16s. 1d.

Cross-examined. Q. Do you recollect seeing Mr. Barney at all? A. I cannot say as to this particular transaction—I sold the goods for 1s. 3d. a yard—I got the highest price I could for them, I was the whole day trying to sell them—in going to his office to purchase them there was a bargaining; I offered 1s. for them, and he would not take it.

HUGH M'GREGOR re-examined. On 18th July I received another order from the prisoner for several pieces of tweed, 725 1/2 yards, for which he was to pay 62l. 15s. 6d., on the second Saturday in Sept—when he gave me the order, he told me that the previous goods should be paid for as he had promised.

ALEXANDER ADAMS re-examined. On 23rd July I purchased 725 1/2 yards of tweed of the defendant, at 1s. 2d. a yard, 42l. 6s. 5d.—this (produced) is the invoice he gave me—I think I sent a cart for them—it was before 6 o'clock in the evening.

Cross-examined. Q. Were all the transactions carried on between him and you in broad daylight? A. Yes, between 10 and 5 o'clock—I sold these goods at 1d. a yard profit.

JOHN TAYLOR . I am a member of the firm of Robinson and Taylor, of Huddersfield, fancy woollen manufacturers. Our agent's charges to the defendant in London were fair and reasonable—we are creditors for the whole amount.

Cross-examined. Q. Are you frequently in the warehouse?A. Yes, every day—I got these goods ready for our man to pack, and entered them in our day book—we only employ one traveller.

WILLIAM DAVIES . I am a draper, and have known the prisoner many years. I believe he used to carry on business in Noble-street—on 16th July I waited on him about a renewed bill—he said, "l am very glad to see you, I have been expecting you all day; I suppose you have come about the bill"—I said, "Yes, I have, and a very painful business it is to men—he said, "You shall be made right to-morrow, but the fact is, I am going to make a smash of it"—I said, "Indeed! and to what amount?"—he said, "It will be such a smash as has not occurred in London for some time, it will be at least 10,000l.; it is a bad job, and I shall start off for Australia, for I shall never face my friends again."

Cross-examined. Q. Your own bill was dishonoured? A. Yes—I had at that time been sued upon it—this conversation was at his residence at Peckham—no one was present—we had not been having something to drink when that conversation ensued—that was the only time I saw him—I had a share of a bottle of stout and a crust of bread and cheese—I did not go and give information to his creditors.

MR. PRENTICE. Q. Was that bill one which you bad accepted for the accommodation of the prisoner? A. No, it was due on 6th July, and was

for 40l. 1s. 11d.—it was a legitimate transaction, but between the 2nd and 6th July that acceptance was renewed.

WILLIAM BICKLEY BAKER . I am a commission agent. I have seen the defendant twice only in my life—I saw him in July last at his office in Wood-street—I went to him through Mr. Davies's solicitation, and said that I had called through the solicitation of a friend of mine regarding a dishonoured acceptance, and that he ought to take it up as it was renewed—he said that he was very sorry, and said, "It is a nuisance; I have been served with a writ"—I said, "Mr. Davies is not so much afraid of this bill, but there are some two or three others coming due, and you ought to insure him in some way; if you take up your bill, you will pay at least two guineas for your writ"—he said, "No"—I said, "If you refuse to pay it"—he said, "I shall make it all right"—during the afternoon I saw Mr. Davies again at my office, and went with him to the prisoner, and said that I had called again regarding that bill—Mr. Davies took it up, and produced it—I asked him if he would pay the two guineas—he said "No, I will not"—I asked him what he was going to do regarding the bill of 6th Aug.—he said, "I shall make it all right, I shall have nothing to do in the matter"—I said, "Well, will you give Mr. Davies some security?"—he said, "No"—I said, "Will not you let him take some goods to the amount?"—he said, "No, I will not do so"—I said, "How can you say it will be all right when you stated to Mr. Davies yesterday that you were going to make a smash of it, and go to Australia"—he said, "Yes," and distinctly stated that he was going to make a smash of it, and go to Australia.

Cross-examined. Q. You have taken an affidavit on this subject? A. Yes, I have stated before that the prisoner said "Yes," when I made that statement—I cannot recall whether I stated it in the affidavit, it is three months since.

SEPTIMUS FREDERICK MARTYN . I was buyer to the prisoner for about thirteen months, and was so in June last year—either in May or June I saw Mr. Gleddow at Leicester, and ordered some gloves of him—I cannot tell the quantity—I did not leave the prisoner's employ till after the bankruptcy-after these goods were ordered, some gloves came from Leicester, and I know that they were afterwards sold—I do not remember selling them, and cannot swear whether I did or not—I sold some on some occasions—I cannot say whether I sold any gloves to him—I have been examined in the Court of Bankruptcy two or three times—I do not remember whether I sold these gloves to Russell, the pawnbroker—the prisoner was aware of my purchasing these gloves—I did not go specially by his direction to purchase them—I purchased them by his authority—it was after I took the order from Mr. Gleddow that the goods were sold to Russell, but I cannot positively swear whether I sold them or not—this invoice is in my writing, by which I see that I received 38l. from Russell for fourteen dozen gloves, it is dated June 11th—I gave the money to the bankrupt.

Cross-examined. Q. Did the prisoner give you special authority to purchase those goods, or general authority to purchase what was required for stock? A. General authority to purchase what was wanted for stock—I think in this case we had a larger quantity of glove as than we required—the prisoner's wife's friends are wealthy people, and so is his father—he was married just about the time that I went to him—he got 500l. on the day of his marriage—I was his confidential servant—I know that he has been assisted in his difficulties by his friends—he had 500l. on one occasion from his wife's friends, and he has received money from his father, who is a man

of substance—he was in the habit of drawing bills on his father which passed through my hands—about the time of his bankruptey that assistance had been to some extent discontinued—his father gave guarantees to certain tradesmen—I think it was on 20th January this year that the prisoner entered into larger premises; I am aware that that entailed on him considerably increased expenses—the business is extensive, and, generally speaking, the amounts are very large—he had two or three travellers in the country, and I was the buyer—there was a porter and a clerk assisting me—there were only two travellers engaged at one time—it was necessary for the defendant to have some one to attend to his business in London besides himself—he sustained considerable losses in bad debts within a short time of his bankruptcy.

MR. PRENTICE. Q. Why did his father discontinue assisting him? A. I do not know—I know nothing about the guarantees given by his father—I understand that he gave them, but I never saw them—I heared it from the prisoner—I never heard that some of them were not genuine—some of the goods he purchased were sold under cost price.

WILLIAM GLEDDOW . I am a fancy hosiery manufacturer, of Leicester. These ten dozen gloves were ordered by Mr. Martin—I was to be paid 79l. 14s. 11d. for them on credit—I believe he bought them on 17th June—I have not been paid any of the money.

Cross-examined. Q. How did you come to commence business with the bankrupt? A. He called on me—I am not in the habit of writing him letters from time to time—I dare say I have written to him.

Q. Just look at those letters (produced) I refer you particularly to the letter of 15th May, did you write a letter soliciting orders for gloves? A. This is not soliciting, it is a notice of our removal—the word "Gloves" is in it—it says, "We have added gloves to our business"—the interviews took place between Mr. Martin and myself—he spoke of paying for these goods by a bill, and that was the final arrangement—it was to be a three months bill—it was before the expiration of that time that he became bankrupt (These letters were dated May 2nd, and May 15th, 1855, they announced the removal; and the addition of brace* and gloves to the stock, and solicited orders, signed"William Gleddow")—I received this letter from the bankrupt (Read: "28th June, 1855. Mr. Gleddow, Sir—In reply to yours of this morning, we beg to say that you can draw for the amount of your account as agreed with Mr. Martin. Yours respectfully, 8. Money and Co.")

ALEXANDER ADAMS re-examined. 140 dozen gloves were brought to our premises on 11th June, and I purchased them for 38l. 10s.

Cross-examined. Q. What sort of gloves were they? A. I think ninety dozen were cloth, and fifty dozen of a commoner sort—they were winter gloves, and were bought in June—the price of gloves varies much—I could not sell them at all—I sold only ninety dozen at 6s. 6d.—I bought them at 5s. 6d.—and I think I sold part at 6s.—eighty dozen of them I could not get any offer for at all.

MR. PRENTICE. Q. Who did you sell them to? A. To Mr. Brown, an auctioneer, in Fore-street.

WILLIAM GLEDDOW re-examined. About 12th July, Martin called at my warehouse at Leicester, and ordered some more gloves, and a few other things, to the amount of 100l., perhaps more—I was out, and he gave the order to one of my warehousemen, Martin—when I came home, the goods were packed up to go, and I stopped them, from a rumour I had heard, I had written to the defendant respecting the account early in July—I kept no copy of the letter.

EDWARD SOMERS . I am clerk to the official assignee. I produce the bankrupt's book—(The following letter was put in and read: "16 July 1855. Mr. Gleddow. Sir,—In reply to your favour of this morning, we shall have no objection to a monthly account, except on particular occasions, when a special arrangement would be made. Yours, &c., S. M.")

AUGUSTE CHARBONNE . I am a member of the firm of Dallifrere and Co., general merchants, of Paris. They buy all kinds of goods—on 10th July, the bankrupt came to Paris—(I wish to say that I am the responsible party for the whole of this)—at that time he was indebted to us 362l. 9s. 3d. in three weeks—it was for about 250l. of silk and some perfume, and about 40l. worth of other things—he said, "I want another lot of the silk which I had of you, I have sold them; as I owe you already such a sum of money, and my credit is full with you, what I propose to you is a cash transaction," and we could not doubt the statement of the man—he then ordered of me silks amounting to 7142 francs, which is 286l. or 287l., but that includes a lot of things for his family—the silks were bought at, 2 1/2 d., under the current price of the day, our profit being only two per cent.—he proposed to pay cash—next he asked me if it would be agreeable to receive about 100l. worth of Custom-house bills, which were in his cash box—at that time we had some bills of about 60l. coming due—the goods were sent to him in a day or two—I afterwards received this letter—(Read: "19th July, 1855. Mr. Charbonne,—I regret to write to you on this subject; owing to the negligence of my clerk, during my absence from home he has neglected to advise your bill. I have no other alternative but to enclose you a cheque for the amount; please to give it your immediate attention. We shall send you some Custom-house bills in a day or two.")—this cheque (produced) was enclosed: (This was drawn on the Union Bank of London for 63l. 10s., dated 19 July, 1855, and signed "Jas. Barney")—that cheque was not paid at the banker's—it was accompanied by a protest—it was meant to pay the bill of 62l. 9s. 3d., which had been refused payment—if we had not received that letter and cheque by the post of the next day, we should have stopped the goods—I said, "It is very irregular of Mr. Barney," and actually wrote him a letter to be on his guard—he was received at my house in Paris as a friend, and dined at my table—the goods which were to be paid for on 26th July, was a cash transaction, but before leaving Paris he said to me, "Well, Charbonne, you have the bill, one of my acceptances due in three or four days, it is for something like 60l. I did not take the whole of the silk; if you like to take it to-morrow for me, send it with the parcel, and as your draft upon us in two or three days shall be paid, I dare say you will not object to draw on me for it in the usual way"—that was on the distinct understanding that the bill was paid—we are still creditors for 660l.

Cross-examined. Q. What was the first dealing you had with the prisoner? A. At the end of 1853 or the beginning of 1854—I was then engaged in another house.

Q. When you removed from one house to another, did you induce the prisoner to buy of your second employers? A. I called on him, but I said nothing about his business!—he offered me some orders, but I did not take them—I never asked him to employ me at the second house—I called on him merely to visit him; it was a visit of politeness—I gave him a circular of the second firm—he had bought goods to the amount of 300l. or 350l. in the beginning of the year, and I have no reason to doubt that the money was paid—he offered this transaction for cash without my asking him—he

did not say that he was already indebted to our firm, and that we could draw on him as usual, and if he had Custom-house bills he would send them—those words applied to some further purchase of goods which were never sent, because he had stopped payment.

EDWARD GEORGE ALLWRIGHT . I am a clerk in the Union Bank of London. We had an account in July, in the name of Barney and Co.—on 19th July there was a balance of eighteen guineas—the last amount was paid in on the 18th, and nothing afterwards.

Cross-examined. Q. Had he not had money put in shortly before, and had he not drawn it out? A. Yes, in two or three amounts.

MR. PRENTICE. Q. What was the last sum paid in before 18th July? A. 4l. was paid in on the 18th; bills for 20l. had been paid in on the 14th, and we discounted them—the sum before that was a cheque for 5l. 11s. 6d., and also 30l.—the largest balance he had at any time in July was under 100l., and on the 11th it was only 4l.

MR. T. SALTER. On 30th June, 1855, do you find the aggregate amount 1,700l.? A. That is the business we have done with him from the commencement in the middle of May.

ROBERT HAYWARD . I am a Custom-house agent. Some broad silks which came for the prisoner by the Albion, in July, were consigned to me—the amount of duty on them which the prisoner would have to pay was about 28l.—I have not been paid.

Cross-examined. Q. What day did the goods arrive? A. 18th July—I saw the prisoner with reference to them—I think he came down once or twice—I think he came on the date of the arrival.

SOLOMON ABRAHAM HART . I live at No. 22, Bury-street, St. Mary Axe, and have been a merchant and warehouseman for the last twelve years. I have an invoice of 21st July; on that day I concluded the purchase with the prisoner, of 1,482 yards of gross de Naples, at 1s. 4d. per yard, and paid him net money, 89l. 16s. 6d.—I paid him a cheque of 85l. on account, when they were first delivered—I have some portion of them left, some which have been returned to me for being damaged"—my stock is large, I cannot exactly tell—I had at the time ninety pieces, amounting to 10,000 yards—I have had one length returned which is worth 5l. or 10l.

Cross-examined. Q. Did you sell that same quantity of silk? A. I sold what I bought of him for 18 1/2 d. per yard, subject to time and discount—it is subject to 5s. per cent, duty—the weight was 20 lbs. or 22 lbs., consequently the duty was not above 5l. 10s.—in this case the weight would be 401bs. or 50 lbs., and the duty would be 9l. or 10l.

COURT. Q. What is the weight of the silk you bought? A. 1382 yards of silk would weigh 22 lbs. or 23 lbs.—I have not weighed it, but I know by the quality—I have cleared 10,000 of the silk at one time, and paid 67l. duty into Cannon and Johnson's, my bankers.

AUGUSTE CHARBONNE re-examined. I am familiar with the weights and quantities—the quantity sold is 105 lbs. weight, which is about 2,300 yards—1,400 yards would weigh 50lbs. or 60lbs.—there are several names for the silk, the French word is, taffetas glace.

Cross-examined. Q. Then there is no cross de Naples at all A. No—the silk I sold him is properly glace—I have got the patterns of the silk I sold (produced).

(MR. SALTER, submitted that evidence could not be given of transactions in Paris, it being out of the jurisdiction of this Court, and there being no representations made in England. MR. BALLANTINE contended, that if any portion

of an offence is committed within the jurisdiction, it is sufficient. The COURT considered, that there being no evidence of any delivery of the goods in Paris, and the indictment being for obtaining wilt intent to defraud, and not obtaining by false pretences, that the evidence was admissible.)

BENJAMIN JOSEPH MOSEDEN . I live in the Minories, and am a ware-houseman. On 24th July I purchased 280 yards of gros of the prisoner, at 1s. 3 1/2 d. a yard; they were sold to me as damaged goods.

Cross-examined. Q. What was the character of the damage? A. Wet—I sold them as damaged, at 17d., some a week, some a fortnight, and some three weeks after I bought them.

CHARLES DOURY . I am clerk to an accountant of Honey-lane. I have investigated the bankrupt's books—the transactions spoken of appear in the sold day book, there are two day books—I did not look at the sold ledger, we go by day books—I hare examined the defendant's books for the purpose of ascertaining the amount of goods he has sold under cost price since May; the cost price is 6,013l. 14s. 1d.—I cannot say what he has sold those goods for, but the amount of sales during that period is, 3,932l. 6s. 5d—the amount of stock in hand on 6th Aug. was 1,027l. 8s. 8d. at cost price.

Cross-examined. Q. Have you in your possession a cash book? A. Yes, but I have not referred to it—we have nothing to do with the cash book in getting out sales.

GUILTY.—Recommended to mercy by the Jury on account of hit inexperience in business.

Reference Number: t18551022-964

964. JAMES BARNEY was again indicted for a like offence: to which he

PLEADED GUILTY .— Judgment Respited.

NEW COURT.—Saturday, October 27th, 1855.


Before Mr. Baron Martin and the Fourth Jury.

Reference Number: t18551022-965

965. STEPHEN BOXALL was indicted for bigamy.

MR. LILLEY conducted the Prosecution.

AGNES MARSHALL . I am the wife of James Marshall, of Medhurst, in Sussex. I was present when the prisoner and Susannah Clements were married, at Woolbury, in Sussex, on 6th June, 1824—I was a subscribing witness to that marriage—my name was then Agnes Sitcomb—they lived together about six months—I saw them about ten or eleven years after that—she is now living.

MARY SUSANNAH TOWNSEND . I was married to the prisoner on 18th Jan., 1836, at St. George the Martyr's, Southwark—I lived with him from the period of the marriage till he went to the Black Sea, on 25th April, 1854—he was a ship's carpenter, and from time to time accustomed to go to sea and on his return he came back to me—during the time we lived together I had four children, three of whom are now alive.

Cross-examined by MR. RIBTON. Q. Where did you happen to meet him first? A. In Long-lane, Smithfield—we were married within six months after that—during that time I came to town, and saw some friends, and Mrs. Latter, his sister—I had tea with him once or twice—I asked him whether he had a

wife, and he told me he had—I asked him what business he had to come after me to Deptford—he said she was a bad woman, and he would never live with her any more—he told me he wished to separate from her, and she would not allow it—Mrs. Latter told me his wife was alive—I do not recollect that he remonstrated with me on the impropriety of the prisoner continuing his visits to me, and that it was possible they might live together again—she said she was a very bad woman, and she had robbed her brother—we were married nearly a fortnight after that—I had been told he was married—I had four children—one is married—during the time we have been married we have lived comfortably together—I always endeavoured to make him so—he was kind to his children—I did not bring him any money, nor any valuable property—I had a house full of furniture—I was living by hard work—I had four rooms—I was receiving parochinal relief for my family—I was a widow.

MR. LILLEY. Q. What did the prisoner say was the reason he did not live with his wife? A. He said she was a very bad woman, and that she had lived with a man while he was at sea, and he said he would have nothing more to do with her.

GUILTY Confined One Week.

Reference Number: t18551022-966

966. SAMUEL BRITTON , stealing 1 watch, value 3l.; the goods of Otto Alexander Berens, and another: 2nd COUNT, receiving the same.

MR. LILLEY conducted the Prosecution.

JAMES MILES . I am a salesman, in the employ of Otto Alexander Barens and Co., in Cannon-street; they are jewellers and watch dealers, and general importers. I was in their employ in Nov., 1854—there was a robbery committed on their premises, between 4th and the 6th of Nov.—I left the premises all safe on the Saturday night, and they were broken into and robbed between then and the Monday morning—amongst the articles stolen there were a great number of gold and silver watches, and something like thirteen dozen of gold and diamond rings—this watch produced, is one that was stolen on that occasion—the wholesale price of this, is 37s. 6d.—I should imagine the retail price would be about 60s., it is a Geneva watch.

Cross-examined by MR. RIBTON. Q. About how many watches have you? A. It is difficult to say—we have sometimes 400 or 500 sometimes not more than 150—we sold as many in that year, as in any other year—I can tell that this watch was stolen, by the number on the case—I have it in my stock book—the watches are all marked down in the stock book, and when sold they are marked off, and the name of the young man who sells them is marked against them—I think we have some in our employ who we had last Nov., several have left—we can tell when this watch was in our possession by the stock book—the stock book is called over every week, and signed by two persons—this watch was in our possession when I left on the Saturday—I will undertake to say, that this was in stock at that time—it is not possible it could have been sold, by its agreeing with the book that day—it could not be a mistake—the number is 2,215, as plain as possible—this was one of the missing watches.

JOSEPH EVANS , I live in Virginia-row, Gibraltar walk, Shoreditch, I keep a chandler's shop. On 9th Nov. last, I was in the Black Dog public house, in Church-street, Shoreditch—I saw the prisoner there, he asked me to buy a watch—I believe this is the watch—I said, I would buy it if he would allow me to go to a pawnbroker's to show it to them—I took the watch for the purpose of going to a pawnbroker, and on the way I was stopped by Sergeant Jackson—I gave him the watch, and told him from

whom I received it—at the time the prisoner was offering me the watch I saw two rings in his possession—one was plain—I think the other had a stone in it.

Cross-examined. Q. What time were you in the public house? A. I think I went about a quarter before 2 o'clock—he gave me the watch between 3 and 4 o'clock—I was stopped by the constable on another charge—a I charge of stealing blankets—it was when he had me in charge for the blankets, that I gave him this watch—I had not been in trouble before—I had been in prison before for assaulting, that was all—I will not undertake to swear that this is the watch, I got a watch like this—I think I met Jackson just before 4 o'clock, about 300 yards from the public house—I had not stopped anywhere before I saw him—I had met a man, who lives on Friar's Mount—I do not know his name—I stood talking to him—that was the only man I spoke to, before I saw Jackson—Jackson said he would charge me with stealing the watch—I said I got it of this man, and I brought Johnson to prove I bought it.

MR. LILLEY. Q. You were taken for stealing blankets? A. Yes; that was the same time I had the watch—I was tried at Worship-street, and was discharged by the Magistrate, and I was discharged respecting the watch.

RICHARD JOHNSON . I am a chair maker, and live in Rose-street, Church-street, Bethnal-green. On 9th Nov. I was in the Black Dog, in Church-street—I saw Evans and the prisoner there, in conversation—I saw Evans leave the public house, and after he was gone I heard the prisoner say he was gone to value a watch at the pawnbroker's—Evans said he was no judge, and the prisoner told him to go to the pawnbroker's to value it—I heard either Evans or the prisoner say something about 22s.—I am in the habit of frequenting that public house—I live close by—I nave not seen the prisoner in that public house since that day—I very seldom saw him there—I had seen him several times previously—he lived in the neighbourhood.

Cross-examined. Q. The watch that you saw was a great deal larger than this, was it not? A. I saw a watch—it was nothing like this at all.

MR. LILLEY. Q. Did you have the watch in your hand? A. No, it was not my business—I did not examine it—I never saw this watch at all till I was before the Magistrate.

MR. RIBTON. Q. Did you see a watch which the prisoner gave to Evans? A. I saw a watch pass between them, but it was not like this watch.

HENRY JACKSON (police sergeant, H 11). On 9th Nov. I took Evans into custody, in High-street, Shoreditch—he was opposite a pawnbroker's shop, about 250 or 300 yards from the Black Dog—I asked him what he had got about him—he gave up this Watch voluntarily, and made a statement.

Cross-examined. Q. What time was this? A. A little after 3 o'clock in the afternoon, on 9th Nov.—I remember the day, because I took him on another charge—he was discharged by the Magistrate on both charges.

WILLIAM JAMES MITCHELL (City police inspector). I received information of the robbery committed at Messrs. Berens's, and I also received information from the last witness, I was engaged in looking for the prisoner from that date for six or seven weeks, assisted by other officers—the prisoner lived in Suffolk-street, Old-street-road—I continued looking for him the whole year—I took him on 26th Sept., at ten minutes before

1 o'clock in the morning, in a coffee house in Albemarle-gtreet—I told him I was an inspector of police, and I took him on a charge of receiving a quantity of watches and jewellery that had been stolen from Messrs. Berens—I told him I should be in a condition to prove that he had sold one watch for 2l. 5s.—I asked him where he got the watch—he said he bought it of a Jew, in Petticoat-Jane, near the end of Cutler-street, and gave 2l. for it—he gave me his address, No. 59, Devonshire-street, Edg-ware-road, but he did not live there—after some trouble, I found he lived at No. 49, in the name of Laing.

MR. RIBTON called

WILLIAM CRASKE . I know the Black Dog—I was there on 9th Nov., 1854—I saw the prisoner there, and Evans and Johnson too—I saw a watch passed by the prisoner to Evans—to the best of my recollection, it was a large, old-fashioned watch—it was decidedly not this watch—this is not the watch I saw the prisoner give to Evans—it was almost twice the size.

Cross-examined by MR. LILLEY. Q. Where do you live? A. At No. 21, Swan-street, Church-street—I keep the house—I am a weaver—I know the Black Dog—I have had my supper beer there for three or four years—I know that this was on 9th Nov., because, to tell you the truth, I and my wife had had a few words about family matters, and I had gone over there to get out of the scrape, and have a glass of ale; and I saw the prisoner, and Evans, and Johnson there—I did not have the watch in my hand—there were various persons in the room—I knew nothing of Evans being in custody till I saw it in the Morning Advertiser on 5th Oct.—I saw the account of the committal of the prisoner at the Mansion House—I heard nothing about Evans being stopped by the policeman—I did not year it at the public house—I am not a man that goes much to a public house—I do not frequent that house—I have been there two or three times since 9th Nov.—1 know this was 9th Nov.—I know it was Lord Mayor's Day—I have known the prisoner three or four years—I do not know where he has been since 9th Nov.—I do not know that the policeman has been looking for him—I do not know where he has been living—I think I have seen him at the Black Dog, but I do not suppose I ever spoke 2000 words to him in my life—I will not swear that I have seen him in that house since 9th Nov.—very probably I have seen him—I do not go much to a public house, just to have my half-pint of beer—I send for it generally.

MR. RIBTON. Q. When you saw this affair in the paper, you recollected this circumstance? A. Yes—I had an interview with a solicitor—I do not know whether I am here for the prisoner or against him.

HENRY JACKSON re-examined. There were not two watches found on the prisoner, only one.


Reference Number: t18551022-967

967. HENRY FRANCIS was indicted for a rape on Tabitha Boven.

MR. RIBTON conducted the Prosecution, and MR. BALLANTINE the Defence.

GUILTY of an assault only .— Confined Six Months.


Before Mr. Common Serjeant.

Reference Number: t18551022-968

968. DAVID NEVILL and GEORGE BROWN , unlawfully uttering counterfeit coin.

MR. ROBINSON conducted the Prosecution.

ELIZABETH NEWMAN . On 17th Oct. the prisoner Nevill came to my shop for a 2d. loaf—he gave me a shilling, I placed it in the till, and gave him change—I afterwards gave that shilling to the policeman—I know it was the same, there was no other in the till.

WILLIAM FOY (police sergeant, N 5). On 17th Oct. I received this shilling from the last witness—I stopped Nevill coming out of Mrs. Newman's door—I took him to the Kingsland station, and found on him 10 3/4 d., but he was not charged there—he was afterwards taken to the Leyton station.

MARY CLAYTON . My father keeps the William the Fourth beer house. On 17th Oct. the two prisoners came to the house, about half past 4 o'clock—Nevill asked for a pint of half and half, Brown was by at the time—Nevill gave me a new shilling—I put it into the till—I did not notice that it was bad—a policeman afterwards came in, and I gave him the same shilling; he said it was bad—I afterwards went to the station, and while there I saw that shilling put on the table—I saw Brown take it from the table, he put it into his mouth, and swallowed it.

ANN REYNOLDS . I am the wife of John Reynolds, who keeps the Lion and Key, at Leyton. On 17th Oct. the two prisoners came for 2d. Worth of gin—I served them, and one of them threw down a new shilling, in presence of the other—I examined it, and placed it in the till—the prisoners had scarcely got out of the house before I took it out of the till again—I know it to be the same shilling—it was within one minute afterwards—there was no other customer came in—I marked the shilling, and gave it to Lawrence—here is my mark on it.

DAVID LAWRENCE (policeman, N 249). On 17th Oct. I overtook the prisoners in the road leading from the Lion and Key, at Leyton—I asked them what they had done with the money that they had tried to pass at several shops in the village—they told me they had thrown it over the fence—they each of them told me that—I searched them, but found none—I went to Mrs. Reynolds, and got this shilling from her—I received a bad shilling from Mary Clayton—I know it was bad by the sound, and by the feel—I have not the least doubt it was bad—I took it to the station, and put it on the table—Brown took it up, and swallowed it.

Brown. Q. When you asked me where 1 had been to pass bad money, I told you I had been nowhere to pass bad money; I said I had none; I did not tell you that I had thrown money away? A. Yes, you did; you told me you had thrown it away.

WILLIAM WEBSTER I am inspector of coin to the Royal Mint. These are both bad.

Brown. I had not seen this prisoner till 3 o'clock that afternoon.

NEVELL— GUILTY .* Aged 18.— Confined Twelve Months.

BROWN— GUILTY . Aged 39.— Confined Eight Months.

Reference Number: t18551022-969

969. GEORGE COOPER , stealing 1 timepiece, value 6l.; the goods of Catharine Davis, in the dwelling house of Esther Reynolds.

CATHARINE DAVIS . I am housekeeper to Mrs. Esther Reynolds, who lives at Wanstead. I came to London on the morning of 16th Oct—before I left I had a timepiece safe on the mantelpiece—it belonged to me—when I came back I missed it—I saw it afterwards, in possession of the constable—this is it—I have the key of it in my pocket.

MARY COOMBS . I live at Mrs. Reynolds's. I was in the kitchen about 12 o'clock on the 16th Oct—I heard a noise of some one going out at the back door—I went to look, and saw the prisoner putting something in his coat—I did not know him before—I am sure he is the man—I saw him put something under his coat—I told him to put the clock down—I did not see him with the clock, but I had missed the clock, and I saw him put something under his coat—he did not put it down, but walked out of the gate—I ran down stairs and told the gardener, and he went after him—I know the clock, it is Mrs. Davis's.

Prisoner. Q. When I was taken to your mistress's house, you said you did not see my face? A. No, you would not let me see your face—I saw the back of you—you were putting something under your coat—you had a black coat and black trowsers on.

THOMAS MERRYMAN . I am gardener at Mrs. Reynolds's. I was called by the last witness—I went after the prisoner, I saw him, and no other man—he was going a fast walking pace—I followed him, and the first bush he came to he went behind it, and deposited something, which I afterwards found was this timepiece—I still followed him through the bushes, till I lost sight of him in the depth of the forest—I met a policeman, and we went together in pursuit of him, and by the description of a boy we found him in the forest—we took him back to Mrs. Reynolds's, and the last witness saw him—I went back to the bush, and found this timepiece.

Prisoner. Q. What opportunity had you of seeing the man? A. I was within thirty yards of you when I saw you go to the bush; I never confronted you; I saw your side face.

COURT. Q. Are you quite sure that the man you found in the forest was the same man that you saw leave the premises? A. Yes.

JOHN ILLINGWORTH (policeman, H 299). I was on duty, and went to Wanstead-green—I saw the last witness in pursuit of a man—the prisoner was pointed out by him, and given into custody—this timepiece was afterwards brought by the gardener.

Prisoner. Q. How long was it after you had received information that you took me?A. About three minutes.

COURT. Q. After you received information, it was about three minutes before he was taken? A. Yes, but the gardener had been in pursuit of him for some time.

Prisoner's Defence. I was selling a few things, and I went to have a look at the railway, and I was taken and accused of this robbery; the first witness did not have much opportunity of seeing the man, and he did not see the man's face; I hope, if there is a doubt, you will give me the benefit of it; I know nothing of the robbery.

COURT (to Mrs. Davis). Q. What room was the timepiece in? A. A room close to the back door—no one could see it till they were inside the door.

GUILTY . Aged 22.— Confined Twelve Months.

Reference Number: t18551022-970

970. GEORGE WHITE , burglary in the dwelling house of William Wilson; and stealing 1 pair of boots and 1 jacket, value 14s., his goods.

MR. CAARTEN conducted the Prosecution.

WILLIAM WILSON . I am a brickmaker, and live at West Ham, in Essex. On Thursday, 20th Sept, I and my wife left my house about a quarter before 7 o'clock—we went out together—two of our children were left in the house—when we went out, I heard my wife put a little nail in the window—that was the middle window—it looks into the road—the window was shut down—I know the prisoner—he had not been at my house a short time before I left, to my knowledge—he was there about 6 o'clock, when he came with the men with the brick maker's tools—he stopped about half an hour—I went out, and returned about half-past 11 o'clock—I had left a pair of boots at home, and a jacket on a chair in the front room—when I got home the window was shut—I did not see the nail—the curtain string was broken, and the curtain hanging by one side—there was no nail in the window—I could not see the end of the nail in the wood—there was a hole—I could not find the nail at all—I missed, that evening, a pair of watertight boots, and a box which contained about 4 1/2 d.—that box was in another box against the foot of the bed—on the following morning I missed my jacket, and I gave information to the policeman in Stratford—I went with the policeman to the prisoner's house—I have seen the boots and jacket since—I gave 7s. for the jacket about twelve months ago—the boots were worth 12s.

Cross-examined by MR. HORRY. Q. Did you know the other men who came with the tools?A. Yes, they had been before in my house—the prisoner lives at Stratford, about four miles from me—I heard one of the men say that the prisoner worked at Myers'—I lost some duplicates and some money, and a box—I have found the boots and jacket—I do not know whether either of the persons who came with the tools lodges at the prisoner's.

COURT. Q. Did you and your wife come home together? A. Yes—the window was not open when we left home—I saw it quite fast.

MK. CAARTEN . Q. When you went out, were you accustomed to put a nail in this hole in the window? A. Yes—the eldest of my children is about six years old, and the other about four—I left them in bed—they were asleep when I got home.

THOMAS ADDINGTON (policeman, K 189). On 21st Sept. I went with the last witness to a house in Stratford Marsh, about 7 o'clock. We found the prisoner at home—he looked out of the upstairs window first—he then came down and opened the door—the last witness told him that he had very strong suspicion that he had broken open his house the night before—the prisoner said he knew nothing about it—I searched the room on the ground floor, and under the bed I found these boots—I went up stairs, and saw a box—I was proceeding to open it, and the prisoner said, "It is no use to look in the box, the jacket is not there"—I found this jacket between two beds on a bedstead—the prisoner's wife was there, but no man but the prisoner.

Cross-examined. Q. Do you know whether the prisoner is a labourer at Myers' factory? A. I know he had been—he had left but a short time—it might be a week or two before this transaction.

(The prisoner's statement before the Magistrate was here read as follows: "I know the things were in my possession, but I do not know how they came in.")

WILLIAM WILSON re-examined. These boots and jacket are mine, and were taken from my house.

Cross-examined. Q. This is the same sort of jacket that is worn by other men? A. Yes—I know this jacket by its having been unsewn, but it has been sewn up—it has new sleeves in it, I do not know who put them in—

my wife did not—I found this jacket again the same morning that I missed it—I know there was a ready reckoner in the pocket when I lost it—it was not in it when I found it.

(The prisoner received a good character.)

GUILTY of Stealing only. Aged 22.—(Recommended to mercy by the prosecutor.)— Confined Six Months.

Reference Number: t18551022-971

971. MICHAEL COLLINS , stealing 10s. and 1 duplicate, value 1s. 6d., the property of Edward Wing, from his person.

EDWARD WING . I am by trade a plasterer—I Hye in Brett-street, Albion-road, Camberwell. On 18th Oct. I went to my employer, Mr. Tige, for 14s. 6d., which was my balance for wages, and I went that evening to the Railway Arms beer shop, Stratford—in going there I put 10s. into my fob pocket, which I meant to deliver to my wife, and a duplicate foot a whitewash brush—we then went into the Railway Arms, and had two pr three pots of beer—I felt very queer, and 1 laid my head down and went to sleep—my 10s. and my duplicate were then in my pocket—I awoke afterwards rather suddenly and my money and duplicate were gone—the prisoner was in the room when I went to sleep, when I awoke he was gone—the is the duplicate that was in my pocket when I went to sleep.

Prisoner. That is my ticket Witness. No, it never was, it is mine.

JOHN BURROWS , I am a labourer. I was lodging at the Railway Arms at Stratford, I was in the taproom about a quarter before 8 o'clock on 18th Oct.—I saw the last witness and the prisoner in the taproom—several other were in the room—I saw Wing go to sleep—the prisoner took a white-handled knife, seated himself by the side of Wing, and tried to cut his pocket with the knife—the knife was not sharp enough, and he asked a young man named Dignum to sharpen it for him, which he did—the prisoner then cut Wing's pocket on the right hand side—I could not exactly see which pocket it was—I did not see what he took out of the pocket—I saw him with some money in his hand—he gave a lad 1s. for three pots of beer—he did not stop to drink it—I believe he took one drink, but the greatest portion was left behind.

Prisoner. He never saw me take a farthing out of his pocket.

COURT. Q. When he gave the boy the knife to sharpen, could the boy see what was going on? A. No, I do not suppose he could.

WILLIAM SOUTH (policeman, K 233). On 18th Oct I was on duty near the Railway Arms, at Stratford, about 8 o'clock in the evening—I received information—I went and saw Wing—his pocket was cut—he said it was Mike Collins—I went and found the prisoner in the taproom of the King's Head public house—I asked him if he would come out and come to the Railway, thinking to get him out of the house, as there were a great many others there—I got him out and took him to the station—as we were going we were surrounded by a number of persons—I was covered with stones and mud, the prisoner struggled very much, I was obliged to use my staff to keep him in safe custody and to keep the crowd off me—while we were struggling on the ground, the prisoner's brother, Edward Collins, came not, and the prisoner reached out his hand to him, and I heard money jink, and Edward immediately ran off—I had previously sent to the station, and another officer was coming up—he caught Edward, and he was taken to the station, but no money was found on him—we got the prisoner to the station, and I found on him this duplicate, which the prosecutor identities—it. his name on it.

Prisoner. Q. You found no money on me?A. No.

Prisoners Defence. I had been along with him to my other master on Saturday night, and I did not get any money; another master set me to work on Monday, and I went in my dinner hour to Wing, and he had not got any money; we went after the master, and found him drunk in a public house; the master paid him 14s., no sixpence; there were three of us, and we all got as drunk as we could; as to saying I cut his pocket, it is the biggest falsehood he ever spoke.


(The prisoner was further charged with having been before convicted.)

JOHN WILSON METCALF (police sergeant, K 7). I produce a certificate of the prisoner's former conviction—(read: Central Criminal Court, Sept., 1854, Michael Collins was tried and convicted for stealing a jacket, a handkerchief, and a pocket-book from William Watts, and imprisoned three weeks)—I was present when he was tried—the prisoner is the man.

GUILTY. Aged 30.— Confined Two Years.

Before Russell Gurney, Esq.

Reference Number: t18551022-972

972. JAMES GILSON , stealing 1 tap, value 2s., the goods of Robert Thomas Langton; 1 tap, value 5s., the goods of William Hill; and 1 tap, value 2s. 6d., the goods of Robert Dexter: to which he

PLEADED GUILTY . Aged 22.— Confined Nine Months.


Before Russell Gurney, Esq.

Reference Number: t18551022-973

973. EMMA HOWARD , stealing 1 gown, 1 neck tie, and 1 pair of stockings, value 1l. 2s.; the goods of Thomas Miller Whittaker, her master: and 1 handkerchief, value 1s.; the goods of Emma Aspin.

ELIZABETH WHITTAKER . I am the wife of Thomas Miller Whittaker, of Black heath. The prisoner was in his service—she came on 10th July, and remained three weeks—six or seven weeks after she left I missed a merino dress, which had been kept in a box in her bedroom—I then made inquiries and found that the prisoner was living with Mr. Kennedy, at Belmont-hill—I went there, and told her we had a charge against her, but did not say what it was—she said that she was prepared for anything we had against her—(my husband and a policeman were with me)—I asked her to come with me—she said that she would not; her master was out; she should wait till he returned, and after that she would get her bonnet and shawl, and come with us—she asked a charwoman who was there to go and get her bonnet and shawl—she refused—she then asked me to go with her—I refused, as her master was out—she then ran up stairs, and I heard a window open—I went up and followed her—after a long time, she came down, dressed—while in the bedroom, I asked her where ray drab French merino dress was—she denied having it—when she came down my husband asked her if I had told her what I had against her—she said, "Yes," and denied it—he said to her, "Have you one of that description in your possession at all?"—she said that she had, but it was hers—I asked her to product it—she said that it was down stairs—some one went down, but could not find it—afterwards she said, "Come out in the garden"—we searched, but could not find it—she then went up to search for it herself, but could not find it—she then went to the window and looked out—I said, "Yes, that

is where it is, Ellen; I heard you open the window"—I called up my husband, and we found it on the leads—this is it (produced)—these two pieces of merino (produced) have been cut from the top of the sleeves since I lost it—the officer found them—this neck tie, pair of stockings, and piece of silk (produced) are all my property.

Prisoner. Q. When did you engage with me, and under what circum-stances? A. It was in June, a few days previous to your coming—you had a black dress on the first time you called—after you had been in the house a week, you asked me if you suited, and I told you that you did—I identify this dress by the make of it, and by the watch pocket which I have had sewn up—you asked me to look in your boxes when you were about to leave, and I refused—you never told me that you could not do the work—I never said that if you would not live with me you should not live elsewhere—I identify the neck tie by its colour—I have pieces of this dress in my pocket (producing them)—they are just the same, but the dress is dirty.

COURT. Q. In what room was the prisoner's box? A. In a room at the top of the house, a double bedded room—it was a dark looking box which the prisoner spoke to as hers.

JOHN STRENGTH (policeman). After the prisoner was apprehended, I went to Mr. Kennedy's, and found a dark box, in a double bedded room, at the top of the house—I found in it these two pieces of French merino, a pair of stockings, one of which had the name of "Whit taker" on it, and a white pocket handkerchief, with the name of "Aspin" on it.

Prisoner. Q. Did not you say before the Magistrate that if I would plead guilty she would not punish me) A. I said nothing of the kind—you said, "Here I am; they can prosecute me, but I would sooner rot in prison than plead Guilty.

EMMA ASPIN . I am a niece of Mrs. Whittaker. This white handkerchief is mine—my name is on it—I was living in the house while the prisoner was living there as servant.

Prisoner. Q. When did you miss it? A. Soon after You left—Mrs. Whittaker did not say to me, "Oh, you get a charge, and then we shall both go"—I value it at 1s.

Prisoner's Defence. I entered the service on 12th July; it was to be an easy place, and all the washing to be put out; but there were twelve in family, eighteen rooms, and all the washing done at home; fifteen dozen for one pair of hands; I felt my health and strength so fast declining, that I was unable to do the work; I told her that I could not do it; she said that she would have her revenge on me if I did not stay with her. and I should not go elsewhere; I was wearing that dress seven weeks in the neighbourhood, passing and repassing that house three times in the day, and they passing me, and never accusing me of it; when the prosecutrix came, it was half past 10 o'clock at night; she followed me up stairs into my bed room; I could hardly get up, as I was suffering from inflammation in my side, and I think she was in the room before me; she searched my box, and took me into custody, without any authority; my master and mistress were at a party, and I said that I would go when they returned; she called me all the vile wretches she could, and said that she thought Mr. Kennedy would be glad to get such a vile wretch out of the house; I told my master that I had purchased the dress at Mr. Shene's, High-street, Guildford, five years ago; I went into mourning for my mother, and afterwards, found that it was too small for me, and was obliged to graft it, as if you look you will see; if I had had the money, I could have brought twenty

witnesses forward; there is a witness who I was with, but I could not get her here; I have been six weeks in prison; the prosecutrix has nothing to identify the dress by, except that her niece has one like it, made by the same dress maker, and if one has a dress like it twenty may; she and her niece have bonnets alike, and may not I have the same? all her revenge is on me because I left her, and got into a comfortable situation without her; she dragged me from my bed when I was ill, and it has settled a cough and cold upon me which is bringing me to my grave; the handkerchief could not be found the first time I was taken up, how is it that it was found afterwards? she emptied the whole contents of my box on the floor, and took them up piece by piece; I am not the first person she has served so; a young woman who had lived there met me before I went there, and implored me not to go, but I went, and found what she stated to be true; she said in my bed room, "I will have my revenge, now is the time;" she knew my master and mistress were absent, and she said, "If you will only say you are guilty, I will forgive you; "I said, "No."

JURY to JOHN STRENGTH. Q. When did you find the stockings and handkerchief? A. On the morning following her apprehension—she was apprehended at 10 o'clock at night, and at 3 o'clock in the afternoon I found the handkerchief—I had not turned the things out previously—the box was locked—I got the key from Mrs. Kennedy.

Prisoner. It is only one stocking; she has one of mine, and I have one of hers; I said, "Here is a stocking of yours;" she said that she would give me mine, but she never did; I do not know whether the prosecutrix placed the handkerchief there when she searched ray box or not.

COURT to ELIZABETH WHITTAKER. Q. is this true about the stockings? A. No—I have nothing of hers in my possession—the stocking with the mark cut out, is the fellow to the one with the name on it—I never told her that she might keep it.

GUILTY . Aged 22.— Confined Three Months.

Before Mr. Common Serjeant.

Reference Number: t18551022-974

974. JOHN PHILLIPS , unlawfully uttering counterfeit coin: to which he

PLEADED GUILTY . Aged 33.— Confined Six Months.

Reference Number: t18551022-975

975. JAMES GREY was indicted for a like offence.

MESSRS. BODKIN and POLAND conducted the Prosecution.

JOHN ALDRY . I am a builder and live at Charlton, my wife keeps a hosier's shop. On 24th Sept., about 7 o'clock in the evening, the prisoner came for half an ounce of black thread—I served him—he threw down a half crown, which rung well—my attention being taken off for a few moments my wife gave him change, and he went out—I found the half crown was bad, I went to the door—I did not see the prisoner, but I saw the policeman—I showed him the half crown, and told him what had happened—I kept the half crown till 3rd Oct., and gave it to the policeman.

WILLIAM HARDY . My father keeps the Earl of Warwick, at Woolwich. On 25th Sept., the prisoner came there about 8 o'clock, I served him half a pint of beer—he put down a shilling, I picked it up, and sounded it on the counter—it sounded very well—I tried it with my mouth I found it bad, and called my father who was in the kitchen—he came in, and I gave him the shilling—the prisoner was still there—my father told him it was bad—and he said, "Give me that shilling, I will pay you for the beer"—my father kept the shilling.

EDWARD HARDY . I was in my kitchen on Tuesday evening, 25th Sept—my son called me, I went to the bar and found the prisoner there—my son gave me a shilling—I found it was bad—I recognised the prisoner as having been there before—I told him I should keep the shilling in remembrance of him, as very likely I should see him again—he was rather cheeky about my keeping the shilling, however he went away—I kept the shilling till the following day, I marked it and gave it to the officer.

JAMES WESTBROOK (policeman, R 114). * I produce this half crown, which I received from the last witness on 26th Sept.—on 3rd Oct., I received this one from Mr. Aldry—I took the prisoner on the 25th, I found on him one good shilling, and 4 1/2 d. in copper.

WILLIAM WEBSTER . I am inspector of coin to the Royal Mint These are both bad.

GUILTY . Aged 19.— Confined Six Months.

Reference Number: t18551022-976

976. JOHN CLARKE , stealing 1 pair of boots, value 8s. 6d.; the goods of John Alexander.

ANN ALEXANDER My husband keeps a bootmaker's shop, at Lewisham. On 20th Sept., the prisoner came there about half past 8 o'clock—I can swear the prisoner is the man—I believe him to be the man, that is as far as I can say—a man like him came to the shop, and asked to look at a pair of boots, I showed him a pair—he asked for more, but I refused to bring any more—he waited about, and I asked him to let me see the size of his foot, bat instead of that he took up a pair of boots in his hands, and in about two minutes he ran away with them—I have seen the boots since, and they are here now, these are them—I can swear to them, by the private mark on them—I have no doubt about them.

Q. But you said to the Magistrate, you believed them to be the same? A. I was very ill at the time—a man ran away with some boots—I gave a a description of the boots and the prisoner to the constable—the man's face was partly concealed.

Prisoner. Can you swear it was me stole the boots? Witness. Yes, you are the man.

JOHN ALEXANDER . I am the husband of the last witness. These are my boots, they have my own private mark on them—I was not there when the man ran off with them.

JOHN ROBERT REYNOLDS (Policeman, R 289). On the evening of 20th Sept. I received information of this robbery, and of the person of the man—I went and found the prisoner, and he answered the description which had been given me—I asked him if he was going home—he had a cap on, which was drawn partly over the right side of his face, and I noticed he had one of these boots on his right foot, and no lace in it; on his other foot was a Wellington boot; and I saw something in his pocket—I asked him where he got these boots—he said he bought them—I said I should take him, and he tried to throw me, and to make his escape, but I kept him, and got him to the station—while I was taking him this new boot fell off his foot by his kicking me, and it having no lace in it—this other boot was in his pocket.

Prisoners Defence. I bought the boots at the Fox and Hound, at Syden-ham; I gave a man 6s. for them, and a pot of ale; the man had a corduroy jacket on, the same as I had; I stopped in the taproom about half an hour; I came out, and the policeman laid hold of me, and tried to throttle me, and took me to the station, charged with stealing the boots.


(The prisoner was further charged with having been before convicted.) ALFRED CARNE (police sergeant, P 38). I produce this certificate from the Surrey Sessions—(This certified the conviction of John Clarke, in Jan., 1855, of larceny, and that he was sentenced to three months' imprisonment)—the prisoner is the person.

GUILTY.** Aged 26.— Confined Eighteen Months.

Before Mr. Baron Martin.

Reference Number: t18551022-977

977. JOHN MAHONEY , feloniously killing and slaying Daniel Geary.

MR. GIFFARD conducted the Prosecution.

MARY GEARY . I am the widow of Daniel Geary. The prisoner's wife was related to my husband—the prisoner lived at the bottom of the same street that our house is in—on Sunday night, 30th Sept., I and my husband and three children went to the prisoner's house about 6 o'clock, and stopped till 12 o'clock—I and my children then went home, and left my husband behind—he, and Patrick Geary, and the prisoner, were all sober—about 1 o'clock Patrick Geary came to me, and I went to the prisoner's house—I found my husband down stairs, lying in the landing; and all the blood was about him—I went up stairs, and saw the prisoner—I asked him what made him kill my husband—he told me to take him home, and he said he would stop with him till the next day, till Monday, and he said he would give the same slaughter to Patrick Geary—a doctor came to see my husband, and he was taken to the hospital—he died about 7 o'clock on Friday night.

Cross-examined by MR. M'ENTEER. Q. You had been to a christening A. Yes—I went to the house about 6 o'clock, and stopped till 12—I did not see any quarrel—I do not know why my husband did not go home with me—I suppose he liked the company—he and the prisoner stopped—I did not hear anything said by my husband, or by Patrick Geary, about "crawlers"—Patrick Geary was a lodger of ours—he had formerly lodged in the prisoner's house, and he went from there to our house—they were on good terms before I left the house—the prisoner did not, during the evening, make an apology to my husband about the word "crawlers"—of course we had been drinking something that evening—when I was going home, I wished to take ray husband with me—I do not know why he would not go—he was sober when I left him—I have known the prisoner a long time—he was a quiet, civil man.

MARGARET GEARY . I was at this christening party—I remember Mrs. Geary going away—nothing happened after that till 1 o'clock, and then Daniel Geary and ray brother Patrick Geary got up to go home—they were going to get up a row with John Mahoney, and John Mahoney got up to give them a civil excuse to go down quietly—Daniel Geary went down two or three steps of the stairs, and my brother Patrick said, "Are you going like that?"and Daniel Geary came up into the room again, and said, "Now we shall have it out," and he caught hold of the prisoner by the shirt collar, and they had a struggle about the room, but no blows till they fell down on the other side of the floor, and the prisoner got away from him—the candle fell off the table, and went out—I went into the back room to take the baby to my aunt's arms—the prisoner got into the back room, and he hallooed "Murder!"out of the window three times—I was so frightened I thought they were all coming into the room—I got under the bedstead—that was all that I saw.

Cross-examined. Q. Had you been with them all the evening? A. Yes

—Daniel Geary had been drinking—they were all having a drop of drink together—I heard Daniel Geary say to Patrick Geary, "You are all crawl-en "—he repeated it a good many times in the night—the prisoner did not say anything to that—the prisoner was quiet all night—Daniel Geary did not appear to have any angry feeling towards the prisoner—they were all very quiet till about 1 o'clock—I heard Daniel Geary say he would go back and have it out—I know the back room that the prisoner ran into—there is no fireplace in that room, nor a fender—I do not know whether the door was broken from the inside or the outside—I know there was no fire in that room—I was with my sister a good while before she was confined, and there was no fire—I did not hear the prisoner say that he would beat Patrick Geary on the next Monday.

PATRICK GEARY . I am a cousin of the deceased man. I was at this christening party—Mrs. Geary left about 12 o'clock—about 1 o'clock in the morning my cousin and Mahoney got up and struck one another, and Mahoney slipped into the next room, and got some weapon—I saw the weapon in his hand, and, to the best of my belief, it was a fender—Mahoney broke the upper part of the door, and he struck my cousin twice through the broken door—my cousin fell down with the blows on his head—I pulled him a little way from the door where he fell—we went away, and when we came back, he was down at the bottom of the stairs—we took him home, he was hallooing and saying he would not go home—one of the blows was given on his forehead, and the other on his head.

Cross-examined. Q. You and Daniel Geary went to Mahoney's? A. I was there before my cousin came—I had lodged one week with my cousin—we had been drinking something—Daniel Geary struck the first blow—the prisoner went into the other room—I do not know whether he shut the door—the door was closed—I did not hear him shout out, "Police!" and "Murder!"—as soon as he went in the door was closed—the next thing I saw was, he broke the door, and struck my cousin twice—there was a little light in the room, in at the window—I was never inside the room with the prisoner.

Q. If the door was closed, and you outside the room, how could you see what the prisoner had in his hand?A. I saw he had something in his hand which appeared to me like a fender—I do not know whether my cousin wanted to go into the room—it was not my cousin who broke the door to go into Mahoney—I have been in that room which the prisoner went in—there was a fender there when I lodged there—I had not heard anything about crawlers during the evening—I had lodged with Mahoney, and he struck me, and Daniel Geary said he would have it out with Mahoney.

MR. GIFFARD. Q. When was it he said he would have it out with Mahoney? A. On the Sunday night when I left, which was that day week.

CATHARINE CASEY . I remember while this row was going on, I had my head out of the window—I heard a noise—the persons 1 heard at the door were breaking it—I came close to Mahoney, and the door broke—I saw him with something in his hand; if my life was on it I could not say what it was—he went towards the door with it in his hand—shortly afterwards the place was very still and quiet—the candle was lighted—I saw something in the front room.

Cross-examined. Q. You had gone to the christening that evening? A. Yes, and been there during the evening—I heard Daniel Geary make use of these words to the prisoner, "Drink, as we are crawlers"—it was an offence that he had cot hold of—I understood that he meant that Patrick

Geary had gone to lodge with him—I think a crawler means a man who cannot take his own part, I do not know—the prisoner did not say anything on hearing that expression, till a quarter or ten minutes to 1 o'clock—the prisoner then got up and asked Daniel Geary what he meant by that, and Daniel Geary asked the prisoner what he meant by that, and Mahoney said he never said such a word—Mahoney wished to pacify him by saying he never said such a word—I know the rooms of the house, Mahoney followed me into the back room—I opened the window and called, "Murder!"and begged the police to come and protect the woman, who was just out of her confinement—the prisoner came into the room with his shirt all torn around, and seemed very much confused and frightened—he went to the window and called to the police, "Murder!"there were two men going to kill him, and the police took no notice—I was at the window, begging the police to come—I heard the door burst—the prisoner was at that time not far from the door—I came when I heard the door break, and I saw something in the prisoner's hand—I do not know whether the door was burst from the outside—I heard the door burst, and I came on the floor, and saw the prisoner on the floor—there was no fireplace in that room.

EDWARD DOWNING . I am a surgeon. On Monday morning, 1st Oct., Mrs. Geary called on me between 9 and 10 o'clock—I followed her to her house—I found her husband lying on the floor, I examined his skull, and found a compound fracture in front of the bone—seeing it was a very bad case, I sent for the relieving officer, and had him removed to Guy's Hospital.

JOHN CAPRON . I am house surgeon at Guy's Hospital. In the morning of 1st Oct., Daniel Geary was brought in suffering from a fracture of the frontal bone—he had a bruise on his ankle, another on his wrist, another on hit elbow—he continued under my care till Friday, and then he died—I afterwards examined the body—there were several small pieces of bone in the left lobe of the brain—the injury to the brain was the cause of death—I think this piece of wood (looking at it) would have produced such an injury as I saw, if it had been used with considerable force.

Cross-examined. Q. Did you examine the wound to see if it corresponded with this piece of wood? A. It corresponds with the wound in breadth, but the blood is longer on the wood.

JOHN MOSS (police sergeant, R 34). On Monday, 1st Oct., the prisoner was brought to the station at Greenwich—he made a statement to me—he was charged with violently assaulting Daniel Geary—I wrote down his statement at the time—(reads: "Me, Patrick Geary, and Daniel Geary, had a drop of drink; they wanted to go to my house to have revenge, for what reason I do not know; when they got to my house, in Old King-street, I went into my room, and they broke into the room; I called out of the window, 'Police!' but the police would not come—they then broke the door, and put out the light; I caught hold of a piece of board which had been broken out from the door, and struck Daniel Geary over the head with it; I did not see any cut, but I saw blood come from his head; his wife then came and took him home; Patrick Geary struck my wife, who has only been confined a fortnight; it was about 1 o'clock in the morning when the row took place; I have made this statement after being cautioned.")

WILLIAM THOMAS ARTHUR (policeman, R 202). I went to the prisoner's house on 1st Oct.—I told him I apprehended him for striking Daniel Geary with a fender—he said, "No, it was not a fender, it was this that I done it with"—and he went into the next room, and handed me this piece of wood,

which I produce—he said, "This is the piece of wood that Daniel Geary knocked out of the panel of the door, and I got this and used it in self defence."



Before Russell Gurney, Esq.

Reference Number: t18551022-978

978. JOHN CHITTENDEN , feloniously forging and uttering an order for the delivery of 2 loads of clover, with intent to defraud; having been twice before convicted: to which he

PLEADED GUILTY . Aged 50.— Four Years Penal Servitude.

Reference Number: t18551022-979

979. WILLIAM FOSTER , feloniously forging and uttering a request for the delivery of 4 1/2 tons of coals, with intent to defraud.

MR. GIFFARD conducted the Prosecution.

CHARLES STAINTON . I am a clerk in the employment of William Lee, who is in partnership with Mr. Jardine. On 13th Sept, I received this letter by post, in consequence of which I sent the coals ordered, by William Barnett—I am acquainted with the prisoner's writing—to the best of my belief, the letter is his writing disguised—the manner which is a similar one to his own is like his writing, and when I told him of it he acknowledged it—(letter read: "4, Queen's-row, Walworth, 13th Sept, 1855. Sir, Please send me 4 1/2 tons of best coals, and 1 sack of cannel, let them be well screened and the best; my friend, Mr. J. Foster, of the Loughborongh-road, speaks very highly of them, send-them in on Saturday morning with the bill. Signed, J. Percival.")—we had supplied Mr. Foster, of Lough-borough-road, with coals about a week before—Barnett returned without the money—in consequence of something I heard on Saturday, 6th Oct, I found the prisoner at No. 3, Hanbury-street—I told him I had called about those coals that he had illegally got, and that it was very wrong that he should write such a note to me; he said that if I would be quiet, on Monday, he would send the money down—this was on Saturday—I told him that I could not give an opinion myself, and if it was not done immediately it would be very bad for him—he said he was sorry for what he had done, that he was very short of money, and if I would wait a few days, it should be settled—he said, "I suppose the money is all you want"—he was clerk to my employers about eighteen months, and would be perfectly acquainted with the course of business.

WILLIAM BARNETT . I am a carman, in the employ of Lee and Jardine. In Sept., I was sent with four and a half tons of coals, and a sack of cannel—shortly after leaving the wharf I met the prisoner, he asked me where I was going—I said to Mr. Percival's, in Walworth-road, and he said it was all right—I was hunting about and went to one Mr. Percival, who is here to-day—he said that there must be another Mr. Percival, as he was not the person who had ordered coals—I then saw the prisoner, he said, "Oh! these are the coals"—I said, "Yes"—he said, "You can put them there, pointing to a shed"—I delivered them there as he ordered—I gave him this delivery note, and the invoice—I did not see this signature, "J. H. Percival," put in it—I gave it to the prisoner without that name, and a young woman brought it to me signed.

COURT. Q. How near is the shed to Queen's-row? A. Adjoining the

row—I saw the shed to which he pointed, and he being one of the clerks I took his word and shot the coals there.

Prisoner. Where did the young woman give you the receipt. Witness, At the shed—I positively swear that.

WILLIAM REES . I live at No. 1, Queen's-row, Walworth. About 15th Sept., the prisoner came to me, in consequence of seeing that I had a shed to let—he said that he wanted a place to put coals in, big enough to put in from ten to fifteen tons—after he had seen it he asked the rent, I said 18d. a week—he took it, and paid me the first week's rent in advance—I after-wards saw the coals in the shed, and saw them taken away next day—the shed adjoins the garden of No. I, Queen's-row.

JOB PERCIVAL . I am a coal merchant, of No. 13, Queen's-row, Wal-worth-road. I do not know the prisoner—this letter was not sent by me, or by my authority—this is not my signature—I know no other person named Percival, in Qneen's-row.

ELIZA KING . I am servant to Mr. Knight, and lodge in the same home as the prisoner, No. 19, Queen's-row. On 18th Sept, the prisoner gave me a receipt note to take to his wife to get signed in the name of Percival—but she could not sign it, and it was ultimately signed by Miss Weather-head, and the prisoner came and fetched it from her.

CAROLINE WEATHERHEAD . I lodge in the same house as the prisoner, the last witness brought this receipt to me and I signed it, because she could not do it, nor the prisoner's wife—I did not know the prisoner by the name of Percival, but I thought he sold coals on commission, I did not look at the bill—she told me to put J. H. Percival on it.

JAMES PILLER . I deal in coals, and live at No. 1, Westmoreland-row, Walworth. On 18th Sept the prisoner came and asked me if I was the buyer of coals—I said, "Yes, if they would suit me"—he wanted 1l. a ton for them—I asked if they were in sacks or on the ground—he said, "On the ground"—I would not give it, but offered him 19s.—he would not sell them, but next morning he came and said I might have them—I fetched them away, and paid him the money, 2l. 17s.—I fetched them from a little shed at the back of Mr. Rees's place—the prisoner went with me to show them to me.

HENRY MEEKING (policeman, P 107). I took the prisoner—as I was going up stairs at his house he escaped, and I afterwards found him in the Carpenter's Arms beer shop, and took him in custody—he said that if Mr. Stainton would wait till Monday, he should have the money.

Prisoner. I ran away on purpose to get the money. Witness. Not that I am aware of—Mr. Stanton was there previous to my going in, but I do not know what had passed.

Prisoner's Defence. Mr. Stainton came to me in the morning, and asked me if I had got the money for the coals; I said that I would pay for them, and would either write or let him know on Monday morning; directly he went out of the house, a policeman came in, and having part of the money in my pocket, I ran away to ask my brother-in-law to make up the rest; the policeman came and took me in charge; I am not guilty of forging the man's name, but I said I would rather pay for the coals than have this degradation.

GUILTY . Aged 34.— Confined Six Month.

Reference Number: t18551022-980

980. ROBERT SCOTT , stealing 23 bushels of linseed and 10 bags, value 15l. 5s., the goods of William Alexander Fisher; and 1 tarpaulin, value 3l., the goods of William Frederick Kemp, in a barge on the river Thames.

MESSRS. BALLANTINE and SLEIGH conducted the Prosecution.

THOMAS JONES . I am in the employment of William Alexander Fisher, a wharfinger and granary keeper, of Rotberhithe Wharf. On Sept. 7, the barge Bee came to the wharf with a quantity of linseed—at 6 o'clock on that evening I left the barge properly secured, with three tarpaulins, which were tacked down with nails at the corners—they were all three marked with Mr. Kemp's initials—when I came next morning, I missed from ten to twelve bags of linseed, which had not been landed—we had commenced landing over night—I do not know what quantity was left, but I counted the tiers in the morning, and will swear that ten were gone.

Cross-examined by MR. O'BRIEN. Q. What time on the 7th did the barge arrive? A. In the morning—I do not know how much it contained, but about a hundred bags were taken out that day—I can tell what was missing by the bulk—I counted the vacant places—I did not count how many bags were left the night before, but we commenced in the centre, and these were taken from another part which had not been disturbed—the wharf is closed at a certain time at night, when we have done work, sometimes 7 o'clock, sometimes 8—there had been seven or eight men engaged in unloading the barge—the bags that we took out were put into the granary, and are safe there now.

MR. BALLANTINE. Q. Was it your duty to be last on the premises? A. Yes, first and last—nobody had a right to be on the premises after I left—when I left on Friday night the ridges fore and aft were all perfect, we having begun in the centre, and when I came on Saturday morning ten hags at least had been taken away from the fore part.

WILLIAM FREDERICK KEMP . I live at No. 40, Princes-street, Rotherhithe, and am lighterman for Mr. Fisher. I-recollect the barge at Tardley's Wharf on the 7th—there were three tarpaulins on it, to the best of my knowledge—the Industry was inside, and the Bee outside—I missed one of the tarpaulins from the Industry on the 8th, marked "W. A. F." which was sewn into the corner of it—it was worth 3l.—I should say that ten bags of linseed were missing—the tiers were stacked in elevens, and one tier had ten in it—there were four tiers disturbed; three were gone from each of the three tiers, and one from another.

Cross-examined. Q. How many tiers were there altogether in the barge? A. About twelve—there were eleven bags in the top tiers, but less below, as they are narrower at the bottom of the barge—I was not there on Friday, when the hundred bags were removed, but I brought the barge there on Friday morning, and I was there about eleven o'clock on Friday night, putting another barge there—the wharf was closed, but I got there by a boat, and I then shifted the barge of linseed, but did not remark whether any bags had been taken away from her—Viner and Thompson were with me; one of them is a lighterman, and the other a labourer—they are not here—I did not see the tarpaulin that night, to notice it, but I found out the following day that it was missing.

JAMES JOHN ALSTON . I am a barge-builder, of Queen-street, Rotherhithe. On Friday, 7th Sept, between 2 and 3 o'clock in the afternoon, the prisoner came there, and said that he wanted to hire a boat to take over the water to Hibernia Wharf, for some old rags—he agreed to hire a lugboat of me—after he left I locked the lug-boat up, to prevent her being taken away, and left her safe at 7 o'clock, but she was taken away during the night—I missed her at next morning, and I did not see her again till Monday morning, when she was brought back by the prisoner—she had

then been damaged and sunk, and had been repaired in a very slovenly way—I did not examine her for a day or two, but, having been sunk, any sweepings in the bottom would have been washed out.

Cross-examined. Q. Has the prisoner ever hired boats of you before? A. No—it is not unusual for lightermen to come to me to hire boats—another party applied to me, and I told him he could have the boat, as the prisoner was a stranger to me—I have several craft, but only that one fit to go out.

COURT. Q. Did he say that he should not want it till night? A. He said that he should want to take her away as soon as she was afloat—she was aground then—my son saw him take her away in the evening.

MR. O'BRIEN. Q. Is he here? A. No—he is one of my apprentices; I have two.

LEWIS COLE . I live at 42, Princes-street, Commercial-road, Lambeth. On 8th Sept. I was weather to Mr. Wright, a coal merchant, of Bankside, by South wark-bridge, and about 10 o'clock that morning saw the prisoner there in a lug-boat, with ten bags of seed—he employed some man at the wharf to land them, and they were put into a cart—I pushed one of them, and it felt like seed which was not round—the cart drove away, and the prisoner followed, and in an hour or an hour and a half he returned to the wharf; rather in liquor—I saw some tarpaulin left in the lug, but did not see any mark on it, as I did not go on board—the lug was left there all Saturday night, and on Sunday morning she got under Mr. Wright's barges, and got sunk.

Cross-examined. Q. Is there much traffic at Mr. Wright's wharf? A. Just at that time we were doing no business, because the wagons were out—the prisoner had no permission to take the barge there: he never asked—I said nothing about the irregularity of the transaction—it was done openly—I do not know whose cart it was—it may happen that lightermen may have orders to carry goods from a certain place to a certain place, and know nothing more about them—there were twelve of Mr. Wright's men there—there are one or two more of them here—the prisoner came back about the dinner hour, rather the worse for liquor.

ROBERT WILLIAMS . I am a coal porter. In Sept. last, I was in the employment of Mr. Wright, a coal merchant, of Bankside—on Saturday morning, 8th Sept., I saw the prisoner at Mr. Wright's wharf, between 9 and 10 o'clock—he was on shore—he spoke to my mate and said he would give us 2s. to load ten bags of linseed from the boat into a cart—a cart was brought about ten minutes afterwards—I did not notice who brought it—the prisoner was standing by at the time it was brought—we all helped to unload the bags from the lug into the cart—the cart then went round Bank End-corner towards Park-street—the prisoner followed close to it—when I was on board the lug, I saw some seed in it—about as much as I could hold in my hand—it was brown flat seed, like linseed.

Cross-examined. Q. Are you often in the habit of doing jobs of this kind? A. No, never before—I did not think there was anything wrong, or I should not have done it; nor did any of us until some days afterwards, when the police came to make inquiries—it was linseed that I saw at the bottom of the boat—I did not see what was in the bags, except a few grains attached to some of the sacks—they might have come from the bottom of the boat, but I expect they ran out of the sacks—we got 2s. between us for the job.

ABRAHAM THICKENS . I live at Bishop's Stcortford, in Hertfordshire. I

am a bargeman, in the employ of Mr. Taylor there—on the morning of 8th Sept, I was at Barclay's brewery with my barge—that adjoins Mr. Wright's wharf—I saw a lug lying adjoining Mr. Barclay's wharf; with nothing in, it but a tarpaulin—I got into the boat and doubled it up, and did not observe any name on it until Sunday morning—I then saw the initials "W. A. F."—the lug remained there all Saturday, and on Sunday morning, seeing that it was going to sink, I jumped in it—I saw a few grains of linseed lying on the boards—I saw the prisoner on the Saturday, and had some words with him, because I would not shove our barge out to let him get the lug out—I had some beer with him and two more—I asked him what he had been in to the wharf with, because it is a private wharf, and nobody has any right to land anything there—he made me no answer at first—I asked him again, and then he said the boat had been with some linseed.

JOHN PATEY . I am a barge builder, and live at Bankside. On Sunday morning, 9th Sept., I was taken to Wright's wharf to look at a lug which had been sunk—I saw the prisoner, and he employed me to repair the damage which had been done to the boat—I did so, but I have never been paid—he gave me his address on a piece of paper, which I afterwards gave to the officer—there was one seed of linseed sticking to the paper.

JOSHUA HEDGES . I live at No. 6, Thomas-passage, Bethnal Green-road. On Saturday morning, 8th Sept, I was at Mr. Wright's wharf—I was then in his employment—I saw the prisoner there—I saw some bags unloaded from a lug and put into a cart—I saw a little linseed about the bags, and also in the bottom of the lug.

WILLIAM THOMAS BRIDGES (Thames police inspector). On Saturday, 29th Sept, I took the prisoner into custody at Dockhead—I told him I wanted him for ten bags of linseed that he had landed at Bankside, that day three weeks—he said, "Linseed at Bankside, I know nothing of it"—I said, "I have received information that you did so, and I shall take you into custody"—on my way to the station I stopped to speak to some one, and for the moment left the prisoner in the custody of Inspector Shane, who was with me—I produce a piece of paper which I received from Patey—it had on it a grain of linseed, which is there still.

JOSEPH SHANE (Thames police inspector). I was in company with Bridges when the prisoner was taken into custody—he was left in my custody for a moment or two—while Bridges was absent the prisoner said, "It was ten bags of saltpetre that I landed that day at Bankside out of the lug boat"—I had not said anything to him.

GUILTY . Aged 20.— Confined Six Months.

Reference Number: t18551022-981

981. ELIZABETH BISCOMB , feloniously cutting and wounding John Smart Knowles, with intent to do him some grievous bodily harm.

MR. PLATT conducted the Prosecution.

JOHN SMART KNOWLES . I am a clerk, and live at No. 20, Bedfordterrace, Union-road, Newington, On Sunday night, 14th Oct., I was walking in Market-street, and saw the prisoner standing at the door of No. 9—she asked me to treat her with some gin, which I refused—I told her I had no money to spare, and was about leaving her, when she went up to a table, took something up, and as I was going from the parlour to the street door she came behind me, and I received a blow at the back of my head—I became insensible, and fell on the kerb stone—(1 had not gone further into the house than the parlour door)—I saw what it was done

with, and believe it was a knife, but it was rather dark—I received assistance, went to St. Thomas's Hospital, and have been under treatment ever since—my head bled very much.

Cross-examined by MR. LILLEY. Q. Were you alone? A. Yes—there was no one present at the door but the prisoner—I did not go further than the room door—I went in to talk a little, that was all—I did not go in for the purpose of having some gin—I was not the worse for liquor—I had been drinking, but had not had more than three or four glasses of stout—there was no altercation between us—it was merely because I would not give her any gin—I did not strike her—I saw no one there but a young woman—there was no man there—I had never seen the prisoner before—there were no other young women outside—I did not give an alarm, I became insensible—she pushed me after she stabbed me, and I fell—I was hurt on the head—I cannot undertake to say that that did not result from falling on the kerb stone—I was only in the house three minutes—I wag a clerk in the West Indies, and only returned home a few weeks ago.

MR. PLATT. Q. The reason of your fall was the blow on the head? A. Yes.

WALTER SHAW BLACK . I am a medical student at St. Thomas's Hospital I examined the prosecutor, and found a punctured wound above and behind his left ear, penetrating to the extent of an inch—it must have been inflicted by a blow with a sharp cutting instrument—a knife would be likely to cause it—I do not think it could have been caused by a fall—it was a clean incised cut—he was the worse for drink, but not to any great extent—I still dress the wound every other morning.

Cross-examined. Q. Do you think it possible that the edge of a kerb stone would cause it? A. It would not, but he might have fallen on a knife—a sharp stone might cause a clean cut, but a kerb stone would not do it.

THOMAS HUTTON (policeman, M 251). On this Sunday night, about 11 o'clock, I met the prosecutor in the London-road—he appeared to have been drinking a little—he was bleeding from the head—I went with him to the prisoner's house, and he pointed her out as the person who had stabbed him on the head—she said that she did not do it; that three men came there, the prosecutor being one of them, and agreed to stand 6d. each for some gin, but the prosecutor would not pay his 6d., and that was the reason he was chucked out.

Cross-examined. Q. Did you find any pointed knife there? A. No—there was one female besides the prisoner in the house, and also a boy.


Reference Number: t18551022-982

982. EDWIN POINEY , stealing, on 27th Aug., 1 coat, value 5l.; the goods of William Hawes, and in the possession of the Crystal Palace Company, his masters: and ROBERT POINEY , feloniously receiving the same: to which EDWIN POINEY PLEADED GUILTY .

MESSRS. BALLANTINE and SLEIGH conducted the Prosecution

CHARLES BOURNER . I am traffic manager to the Crystal Palace Company. Edwin Poiney was in their employ, in the stables, as feeder of the horses, and the elder prisoner, Robert, lived in a cottage about half a mile from the Palace—on 25th Sept., in consequence of information, I went with Marsh, an officer, to that cottage, and met the prisoner Robert on the way—I said to him, "Poiney, we are going to search your house; on account of having found some cigar cases in your son's corn bin, we are led to suppose that you have at your house some coats which have been stolen from the Company's

stable yard"—I asked him how many coats his son had brought home within the last three months—he considered for a few minutes, and said, "I should not like to deceive you; there is only one, a black coat, which you will find hanging on the bed rail"—the said that his son had brought it home, and told him he had bought it for half a crown—I proposed that he should accompany me to the house, and he declined—I and Marsh then proceeded to the house, and found these two coats (produced) hanging, one over the other, on the rail of the bed, the one he spoke of, and another—the value of the black coat, of which he spoke, is three guineas—on a subsequent occasion we found this nearly new Mackintosh cape (produced)—the value of it is 2l. 2s.—about two hours afterwards Robert Poiney came to my house, at the stables, and asked me if I had found the coat—I said, "Yes," and that we had found a second coat, at which he appeared much surprised, but made no reply—I told him he must be cautious what he said to me, as it was a very serious matter, and everything, no doubt, would turn op—I asked him if he knew of any other coats, or other things, which his son had brought home—he said, by the bye, there was a second coat which his son had brought home, and gave 5s. for it—I told him we had discovered a third coat—he appeared surprised, but made no reply—I took him by the collar, and said, "Poiney, this is the third coat that is on your back"—he took the sleeve, and said, "By the bye, my son did bring this home, about three weeks ago, and say he gave 7s. 6d. for it"—5l. 10s. is claimed for it.

Cross-examined by MR. RIBTON. Q. How long have you known him I A. About eighteen months—he was a policeman, in the employ of the Brighton Railway Company, stationed at the top of the staircase leading into the Palace—his wife, and three or four young children, live in the house—it is in the middle of the wood; it is not a house built by the Company—I do not know in whose bedroom it was that I found the coats—there are two bedrooms in the house—I only went just inside the door of the other bed-room—I cannot tell who slept there—I saw the wife, and asked her to show me the coats her son had brought home within the last three months—the value I have mentioned is the amount claimed of the Company for the coats—I believe Robert Poiney has been an inspector of weights and measures at Brighton—I do not know that he has borne the highest char racter; in fact, I know different—he is not employed by the Company, but by the Brighton Railway—I merely see him by passing up and down to the trains—his son, the younger prisoner, was employed by me to feed the horses put up at the Company's stable—there have been a great many remands in this case, and he has been out on bail.

COURT. Q. Was the younger prisoner in custody at this time? A. Yes—he had been two days in custody for stealing corn from the Crystal Palace Company's stables.

WILLIAM MARSH (policeman, P 33). On 25th Sept, I went with Mr. Bourner, and met the elder prisoner with this coat on, but I did not notice it particularly then—I told him that Mr. Bourner was going to search his house, we having found other property in the corn box—he said, "You are welcome to search without a warrant"—I said, "You had better come back"—Mr. Bourner asked him how many coats his son had brought him within the last three months—he said, "One"—we then went to the house, and found two coats on the bed rail in the right hand room—I should think that that room was occupied by two people—there was a large bed in it—there was also a large bed in the other room—I cannot say which room was occupied by the elder prisoner—about two hours afterwards

Robert Poiney called on me at the station, and said that Mr. Bourner wished to see me—I went there, and Mr. Bourner said, "We have found the third coat," taking hold of the coat on Robert Poiney's back—he said that his wife told him that his son bought it for him of Mr. Richardson, and it was given in lieu of one which he had bought for his son of Mr. Richardson, of Penge.

Cross-examined. Q. What time did you see him first? A. About 11 o'clock—I told him I was going to search his house—he declined to go with me, and I left him at the stable-yard and went straight to his house—I saw him again about two hours afterwards—he might have been home in the mean time; he was not under my surveillance—ho was wearing this coat—I do not remember whether he had any coat over it—I should think that this was a very expensive coat before it was altered.

WILLIAM HAWES . I am a tailor of 67, Lamb's Conduit-street This brown coat, to the best of my belief, is mine, but it has been altered in such a way that I only know part of it—on 27th Aug., I visited the Crystal Palace, and left my over-coat in my carriage—it was worth 5l. 10s., and was double breasted when I lost it—it is single breasted now—I have no doubt of it being mine.

Cross-examined. Q. Do I understand you to swear that this is your coat? A. I will swear that a portion of it is—I can swear to these pockets.

ROBERT POINEY received a good character.


Reference Number: t18551022-983

983. EDWIN POINEY was again indicted for stealing one coat, value 3l., the goods of Henry Penny, and in the possession of the Crystal Palace Company, his masters; and ROBERT POINEY for feloniously receiving the same: to which


MESSRS. BALLANTINE and SLEIGH conducted the Prosecution.

CHARLES BOURNER having repeated his former evidence, THE COURT inquired whether there was any evidetice of receiving, beyond that given in the former case.

MR. SLEIGH having consulted MR. BALLANTINE stated that there was not; and that he could not proceed with the case.


Reference Number: t18551022-984

984. ROBERT POINEY was again indicted for feloniously receiving 1 coat, value 63s., the goods of Alfred Down Cornfield, knowing it to be stolen, upon which no evidence was offered.


Reference Number: t18551022-985

985. WILLIAM KIRBY feloniously cutting and wounding John Kirby, with intent to do him some grievous bodily harm.

ROBERT KIRBY . I am a labourer of Richmond. The prisoner is my brother—on 3rd Oct., about ten minutes after 11 o'clock at night, I went to my mother's house and found my other brother staggering in the alley—I saw some blood in the alley—I went in doors, saw the prisoner, struck him, and dragged him out of the house—that was in consequence of what my other brother told me—I found a white handled knife open in the yard, and gave it to a policeman—1 afterwards saw that my brother was hurt in the side and in the hip.

JOHN KIRBY . I am a brother of the prisoner. On 2nd Oct., I went to St. John's-grove, and saw my brother William very much in liquor—he asked me what I wanted down there—I told him I came down to see mother, and said, "You had better come too; you are in liquor, and perhaps you will be locked up"—he said that he should not, and said something

rather disrespectful about his home—I said, "Yon have no occasion to gay that"—he said, "I will go home, and see about it"—I said, "Do;" and we went together towards his home—just before we got there he said, "I will see about it"—I said, "You shall not kick up any bother while I am here"—he said, "You will take it up, will you?"—I said, "I do not want any piece of work"—he turned round and hit me, and I pushed him down, but I know nothing of his stabbing me—I only felt weak, and found that I had received a wound—it was in the dark, and I cannot say whether anybody else struck me besides him—about three minutes after he hit me I found that I was bleeding—he struck me with his fist on the head; nowhere else—I saw no knife.

CHARLES BARNES (policeman). I was on duty in Richmond on 2nd Oct.—I received information and found Robert Kirby bringing his brother out of the house—he gave him in charge for stabbing John Kirby—I took him to the station, he said nothing—I had seen him about drinking, that evening—his arm is in a sling; I am informed that it was broken when his brother Robert hit him.

JOHN ANSELL BROWN . I am a surgeon of Richmond. John Kirby was brought to me between 11 and 12 o'clock at night, on 2nd Oct., and I found a wound of a slight character on the upper part of the chest, and another of a more serious character penetrating to the hip joint—they were inflicted with a sharp cutting instrument—it might have been two inches deep, but I cannot say, as it penetrated the joint—it might have been inflicted with this knife (produced).

THOMAS KILLICK (policeman). This knife was given to me by Robert Kirby—there was no blood on it.

Prisoner's Defence. I do not remember anything at all about it.

CHARLES BARNES re-examined. He appeared more sober at the station; he answered the questions which the sergeant put to him.

GUILTY of unlawfully wounding . Aged 32.— Confined Nine Months.

Reference Number: t18551022-986

986. RICHARD DEKIN , robbery, with others, on Charles Lewis Thirst, and stealing from his person 1 watch and 1 watch chain, value 9l., his goods.

MR. THOMPSON conducted the Prosecution.

CHARLES LEWIS THIRST . I am a printer of 6 Hercules-terrace, West-minster-road On Saturday, 8th Sept, I was at the bar of the Equestrian public house, Blackfriars-road, between 1 and 2 o'clock in the morning, Saturday morning—the prisoner was standing next to me, not one foot from me—he began talking about fighting—I said, "It is rather too late for fighting"—he showed me a young man sitting on a bench a little further from him, and said, "Do you suppose I could fight him for money?"—the conversation n lasted a few minutes, I then went out, and the prisoner followed me, he had changed his hat for a cap with another man, he appeared like a gentleman, and I thought the other one had robbed him of his hat—I said that he had been robbed by the other man, a policeman passed and heard what I said—I went towards the Magdalen Hospital, met the prisoner again, and he had got his hat again—I said, "You have got your hat back"—he said, "Yes, Sir, I am very glad of it"—he was very polite to me because I said that he was a gentleman, and I asked him if he would like to have a glass of beer—I pointed to a house, and he said, "No, not so far as that, here is a house," there was a gas light, and I thought it was a public house, but it was not—it was in Warwick-street, three or four yards from Blackfriars-road—I did not go into that house, but when I was just by the gas light I

heard somebody running behind me, one seized me by the neck behind, the prisoner caught me by my coat and by my arm, and another one caught me by the arm, and shook me up and down and strangled me—the prisoner put his hand in my right pocket, and finding I had nothing there, he spoke to the other man, they instantly rushed at me with much more violence, and robbed me of my watch, which was in my trowsers pocket, attached by an Albert chain, they then threw me violently to the ground, and I saw four of them running, the prisoner was the last—I got up and followed them some distance, and then lost sight of them—I saw the prisoner two days afterwards in the Olive Branch, Waterloo-road, and gave him into custody—he had a few friends with him to fight the policeman and throw him down, and the prisoner escaped—he was taken again on the 20th, and I saw him at Southwark police station—the value of my watch and chain is 9l.

Cross-examined by MR. LILLEY. Q. The prisoner was a perfect stranger to you? A. Yes—I am a printer, and had just left my business—I had been working all night, and had taken nothing till I went there—I struggled and called "Police!"I was only a little frightened—I do not swear to the prisoner—when he was before the Magistrate I said, "He may be one, I cannot swear"—it was the second time that I said I could not swear to him, and he was discharged—I have never sworn to him positively.

MR. THOMPSON. Q. Had you a good deal of conversation with him? A. Not much, but I am sure he is the man who organized the robbery before I left the public house.

THOMAS WAKEFIELD (policeman, M 122). On 10th Sept. I took the prisoner in Waterloo-road—he was given in my charge by the prosecutor, and was rescued by five others who were in his company—I was knocked down in the Waterloo-road—I had told him what he was taken for, and so had the prosecutor—I saw him again on 20th Sept in custody at Bow-street, and when he was discharged I apprehended him on this charge, and told him he was charged with violently assaulting a French gentleman, and robbing him of a watch and chain, he made no reply whatever.


The prisoner was further charged with having been before convicted.

CHARLES PIERCY (City policeman, 10). I produce a certificate—(Read: "Central Criminal Court— Charles Coley; Convicted April, 1851, of stealing a purse and money from the person, having then been before convicted—Transported for Seven Years")—I was present at the trial—the prisoner is the person.

GUILTY. Aged 21.— Four Years Penal Servitude.

Reference Number: t18551022-987

987. JOSEPH HAWKINS , unlawfully attempting to commit b—y with a mare.

GUILTY . Aged 37.— Confined Twelve Months.

Before Mr. Common Serjeant.

Reference Number: t18551022-988

988. ELLEN REYNOLDS , stealing 1 cloth, value 6d., and 1s. 6d., the property of Robert Harman, from the person of Sarah Jane Harman: to which she

PLEADED GUILTY . Aged 21.— Confined Three Months.

Reference Number: t18551022-989

989. JOHN SMITH, alias Hicks, feloniously uttering counterfeit coin; having been before convicted: to which he

PLEADED GUILTY . Aged 17.— Confined Eighteen Months.

Reference Number: t18551022-990

990. ALFRED TANNER was indicted for a like offence.

MESSRS. POLAND and SALTER conducted the Prosecution.

JOHN KIRBY (policeman, T 203). I produce a copy of a conviction,

which I got at Mr. Clark's office—(read: "Central Criminal Court, November, 1853; Alfred Tanner, convicted, on his own confession, of passing 2 counterfeit shillings; confined one year")—I was present—the prisoner is the person.

SAMUEL WOOD (policeman, M 258). On Sunday, 16 Sept., I received charge of the prisoner for uttering a bad half-crown—this is it.

JOHN GREEN . I keep a shop at No. 108, Bermondsey New Road. On Thursday, 13th Sept., the prisoner came for a pint of porter, and a screw of tobacco—he paid me with a half-crown—I gave him 2s. 3d. change—I put the half-crown in the till, and after the prisoner was gone it struck me as very strange that he had been there three or four nights, and each time he threw down a half-crown in rather a particular manner—I opened the till, and discovered that the half-crown was bad—I put it into my pocket, and kept it separate from all other money—this is it—on the Saturday night the prisoner came again; and on Sunday night he came again, and had a pint of porter, and a screw of tobacco—he threw down a good half-crown, and while I was drawing the beer he covered the half-crown, and I saw him put it into his pocket; and when I took up the half-crown that was on the counter, I found it was bad—I said "Young fellow, I have got quite enough of these from you; this is the fifth or sixth I have had of you"—I told him I would lock him up, and I got an officer.

Prisoner. Q. What did I give you on the Saturday night? A. A bad shilling—but there were other shillings in the till.

WILLIAM WEBSTER . I am inspector of coin to the Royal Mini These half-crowns are both bad.

Prisoners Defence. The prosecutor has sworn that I was in his house on 13th Sept., at which time I was at Wateringbury, in Kent, working among the hops; he has stated I was in his-house on the Saturday, and gave him a bad shilling; there are witnesses who could swear I was in Wateringbury on that day, but, unfortunately, I have no means of procuring their attendance; I hope the Court will not be satisfied without making the inquiry at Wateringbury; as my circumstances entirely depend on your decision, I trust you will be guided by the evidence; I leave myself in your hands without the slightest doubt as to the result.

GUILTY . Aged 21.— Confined Twelve Months.

Reference Number: t18551022-991

991. WILLIAM JONES and JAMES BRYANT , burglary in the dwelling house of John Mann Nelson, and stealing 2 glass-bottles, a knife, and a penholder, &c., value 2s., his property; Jones having been before convicted, † JONES PLEADED GUILTY . Aged 32.— Six Year Penal Servitude ,

MR. M'ENTEER conducted the Prosecution.

JOHN MANN NELSON . I am a linen draper, of Bennet-street, Blackfriars-road, in the parish of Christ Church. On the morning of 29th Sept, at a few minutes after 3 o'clock, I was awoke by a loud crash—I got out of bed and went to my second floor window, which commanded a view of the rear of my premises—I called out, "Who is there!"and immediately heard a scuffling, and a noise of footsteps of more persons than one, in the basement of my house—I called out, "Dent, bring me my pistols!"—I proceeded a few steps down, but as I had nothing on, went back again, and sprang a rattle—I heard a voice say, "What is the matter? I am here"—I called out, "Thieves! robbers! No. 4, Bennet-street!"—my servant called out, "Sir, they are escaping over the wall"—I went and saw the prisoner Jones—I returned to my bedroom and commenced dressing myself, finding there was assistance at hand—I sprang my rattle again, dressed myself, and

went down—my servant had been down in the meantime—I went down to the basement, and saw the kitchen had been ransacked—the door was off its hinges, which goes out of the kitchen into the passage, and the back kitchen window burst asunder—I found two bottles, and a knife, and a silver spoon, which were my property, on a table in the back kitchen—the bottles had been removed from a cupboard, and the other things from their proper places.

Bryant. Q. Did you see me on the wall? A. No, I only saw Jones on the wall.

HARRIET BREWER . I am servant to the last witness. I recollect the morning of 29th Sept.—I was roused by my master, a few minutes past 3 o'clock—I heard him go down stairs, and heard him say, "Dent, below!" and some other words—I threw the window up on the second floor, and saw the two prisoners getting over the wall—I am sure of both of them—the moon was shining quite bright—they were getting over the wall into Ben-net's-place—they stood on some place, where they had to give a jump to get on the wall; and within three minutes the officer brought the same two men back into the house—I am quite sure—when I went to bed at night the house was done up safe, about 11 o'clock, or a little after—I was the last person up—after seeing the two men I went down; I saw the front kitchen door, which I am sure had been shut and locked and bolted, was wide open, and the back kitchen door was taken down entirely off its hinges, and was leaning on a washing stool—the front kitchen door was not damaged at all—there were two bolts on that door, which were bolted the night before, and in the morning they were unbolted, but not broken—the iron gate had been shut up when I went to bed—in the morning it was open, the chain was cut, and the lock parted in two—the persons had got in by getting over the wall, and burst through the iron gate, and entered through the back kitchen window—that window was wide open in the morning, and the bar and bolt were forced off—it looked into the back yard.

COURT to JOHN MANN NELSON. Q. Is there any door into the open air, except the front? A. Yes; there is a door which goes to the back, down some steps into the yard—there is no door by which you can get out of the yard—there is no way of getting out of the premises but over the wall.

MR. M'ENTEER to HARRIET BREWER Q. Are you sure that when you went to bed these doors were all quite safe? A. Yes—at 11 o'clock I did them up myself—I have seen two bottles, a knife, and a silver spoon, which I recognise as my master's—these are them—the bottles are my master's—the contents are my own—this spoon was in a cup and saucer on a shelf—the knife was in a table drawer in the front kitchen—when I saw these things afterwards, they were on the table near the window they had come in at—everything was disturbed.

Bryant. Q. Did you see me on the wall? A. Yes, with a cap on—you had a fell, but you got up again—you were both getting over the wall together—I saw you both on the wall—you are the man that had a cap on—I saw the direction you were going, and where the officer brought you from.

COURT. Q. Are you quite sure of those two men? A. I am quite sure, as the moon was shining so bright—I can swear to them, and I do—this is my name to this deposition—it was read over to me.

Q. You say here, "I opened my bedroom window at the back of the house; I saw two men jumping on the wall at No. 2, Bennet's-place; I believe the prisoners are the men?"A. I believe they are the men.

EDWARD "HILDM . I live in Bennet's-place. On the morning of 29th Sept, about a quarter past 3 o'clock, I was roused by a cry of "Murder, thieves!"and the springing of a rattle—I got up, and looked out at the window—I saw the two prisoners making their escape over my wash house in front of my house, getting over the wall from the rear of the prosecutor's—they came on to my wash house, and Jones fell through a skylight—they jumped down into the yard which leads into Bennet-street, and were making their escape, when the police sergeant stopped them—I saw them from my window—the policeman hallooed out for help—I got up, and went to his assistance—we secured the prisoners, and brought them into the place, and I ran into Blackfriars-road for another policeman—I had neither shoes nor stockings on—about half an hour afterwards I made a search, and found this chisel or screwdriver at the end of the passage where they came up from the premises—I had a good opportunity of seeing the prisoners—they are the same men—I will swear to them—the lamp makes it as light by night as it is by day.

Bryant. Q. Did you see me? A. Yes—I saw you both—I swear You are the two.

JAMES LEWIS ASHMAN (police sergeant, L 16). I was on duty in Bennet-street on 29th Sept, at ten minutes past 3 o'clock in the morning; just as I got to the end of the street, I heard a rattle—I said, "What is the matter?"—some persons said, "Thieves, robbers at the back of my house! look out in the court"—I proceeded to the court, and met Jones in a very hurried state—I collared him, and in a minute afterwards I met Bryant running—I collared him—they both kicked me, and struggled—I held them both till the last witness came to my assistance, and we got them to the station—I found this knife on Jones, and a latch key, and some matches—Jones's thumb was bleeding very much, as if it had been cut with some glass—he said he cut his hand with the knife, but there was no blood on the knife—this screwdriver was brought to me—I fitted it to the marks on the door that was taken off the hinges, and on the window—the marks all corresponded—in going to the station some words passed, but I wished the prosecutor not to speak to them till he got to the station.

Bryant. Q. Was I in the court when you took Jones? A. I heard some one and you come running down the court—I heard some noise—I did not hear you drop from the wall.

COURT. Q. Was the back kitchen open to the yard? A. Yes, but they got in first by an iron gate—you cannot get to the back kitchen window without getting over the wall—the yard is leading to the wall.

Bryant's Defence. I got up to go to Covent-garden market, and I had occasion to turn down this court; this other man knows I am innocent; this man has pleaded guilty, and is willing to take any punishment.

BRYANT— GUILTY .* Aged 18.— Four Year Penal Servitude.

Before Mr. Baron Martin.

Reference Number: t18551022-992

992. THOMAS CUMBY , feloniously uttering a forged 10l. note, knowing it to be forged.

MESSRS. CLARKSON and BAYLEY conducted the Prosecution.

WILLIAM EDWARDS . I am in the employ of Mr. Perring, a clock maker, in Blackfriars-road. The prisoner came to the shop at the latter end or Aug., he wished to look at the dials, and wanted to purchase one—he selected one at 30s.—I went with him to his house in Webber-street, Waterloo-road—on the following Wednesday, I fixed it—the shop had not

then been opened for business—I called repeatedly for payment—I remember my master coming home about the middle of Sept.—I called afterwards for payment several times—the prisoner said at one time that he was going to take a bill into the City, and he would call and pay my master.

Cross-examined by MR. PARRY. Q. Did you know the prisoner before? A. No—this was the first transaction I had with him—he keeps a beer shop—his son was there when I put the dial up, but no other persona—his daughter was not there—I saw her afterwards serving in the bar.

HENRY PERRING . I am a watch and clock maker, of No. 56, Blackfriars-road. In consequence of information I received from the last witness, I went to the prisoner's shop, in Webber-street, on 20th Sept.—I tendered the bill for payment of the dial, 30s.—he said he had told my man that same morning that if I would give him change for a 10l. note, he would pay me—he was then absent from the bar for some time to get the 10l. note as I supposed—after some time he returned with a 10l. note in his hand, which he laid upon the counter—I took it up, I did not examine it very particularly—I saw a name written on it—this is the note, it has the name of "Williams" written on it—it had that name on it when I examined it—it appeared to me to have been recently written, it appeared in a damp state, and a little smeared—I placed 8l. 10s. on the counter—I took the note—the prisoner took the change—I left the shop—I saw the name of Amelia Cumby over the door—I put the note into my pocket—I had no other note—I went to Debenham and Storrs', in Covent-garden—while I was there, I wrote my initials on the back of the note—here they are "H. P" in my writing—while I was there I made inquiries, and the note was sent to Coutts' by my direction—I received it back, and took it to the prisoner's house—I told him I wished to speak to him privately—he said it was of no consequence, it was merely his daughter who was present—(this was near 2 o'clock; I had taken the note about two hours previously)—I said, "I have to tell you that the note you gave me is a forged one"—he said he could hardly think it, or some such answer as that—I said, "I am sure of it, I have had the opinion of two or three of Coutts' clerks"—I asked him where he got it—he said, "Of that man that comes here, a customer"—he and his daughter said that at the same time, or within a minute or so—I said, "Indeed! well, at all events, I suppose you are prepared to give me my 8l. 10s. back?"—he said he had paid it away—I said, "Indeed! it is rather premature; it is scarcely two hours since I was here"—he said, "Well, it is a fact; I can convince you that I have paid it away"—he took up his book—I said, "I don't know, I will take it as a matter of fact; I don't want to see your book, but you had my money about two hours ago"—he said that he should no doubt see the party that they took it of in the evening, about 8 o'clock, and the daughter made the same observation, that no doubt they should see the party—I said, "Well, from what I have seen of this business, I shall put it in the hands of the police"—I left them, stating that I would go home for an hour and consider it—I returned to the prisoner in about an hour, and I said to him, "Have you anything fresh to say to me about this affair?"—he said, No, only he had taken it of the party he spoke of, and that, he had taken it the night before"—I said, "What name did he give you? did you write it?"—he said, "No, the party wrote it himself—I said, "What name did he put on it?"—he said, "The name of Miller"—I asked if he gave his address—he said, "No, he did not"—I said, "No, you are quite wrong; Miller is not the name;" and expressed my surprise that he should give change for a 10l. note for a pot of beer,

which he said he did, without taking the address, particularly as he was wrong in the name—I then left him, and went to his house again about 8 o'clock the same evening, with two friends—I saw him and his daughter—I said to him, "I suppose you have not seen this party yet?"—he said, "Oh, it is scarcely time yet, he comes about 8 o'clock"—I then asked him what he meant to do about it, and whether he was prepared to give me the change—he said that ho was not—one of my friends spoke to him about the improbability of his taking a note in that way, telling him that he himself was a publican, and he should not have done so—the prisoner said, well, he took it, he was not so particular, or words to that effect—one of my friends began to test the note in consequence of the prisoner stating that he did not know it was forged, he had no proof of it—that was what he meant—my friend said, "I will test the note for you in two minutes;" and he called for a glass of water to test it—I, by the advice of my friends, was about giving the prisoner into custody—I was about leaving for that purpose—he seemed a little alarmed about my giving him into custody, and he then appointed the next morning at 10 o'clock to be with me—the next morning the prisoner and another man came to my shop—he said that he called to arrange about the note, that he was an innocent man; he put his friend's name and card upon the counter, and said he had got many other friends—I said, "What is the use of talking so? you came here to arrange about the note; as you have so many friends, you can easily raise 10l. "—he said if I would give him till the evening, he would endeavour to get it—I told him I should put it in the hands of Mr. Freshfield, and he would have to convince him and a Jury, I should not wait any longer—this was when he was leaving me in the morning—I went to his house in the evening again and saw him—he said he was a poor man, and he hoped I should not be severe—I said if he would run his head into the fire, he must—I believed he knew it was a forged note—on the day following I gave information.

Cross-examined by MR. PARRY. Q. You said if he would run his head into the fire, there he must stay; did you not? A. Yes, something to that effect—I did not really give him into custody till the Saturday—the note was passed on the Thursday—when he came to me, he came with a person who was a working man—he gave me the name and address of one person, who knew him, and he mentioned other friends who knew him, and he told me he was innocent—I cannot say whether I should have given him into custody if he had paid me the money at once—that would have depended on circumstances—I should not have given him the note again.

Q. When you asked him whether there was a name on the note, did not he say, "There is some name on it, Miller, I think?"A. No; my impression is, that he said "Miller" distinctly—he might have said, "Miller, I think"—I replied, "No, you are not right; that is not the name"—I said that I would not make a debt of it—he only came once to me—he was in my house about a quarter of an hour—his friend the labouring man was with him—Webber-street leads from the New-cut to Blackfriars-road.

EDWARD CUTBUSH (Policeman, L 104). On Saturday, 22nd Sept., the last witness came to me at the station, and gave me a 10l. note—I went to the prisoner's house in Webber-street—I found the prisoner there in the barparlour—I said, "Mr. Cumby, you are charged with uttering a forged 10l. Bank of England note"—he said, "Well, I suppose I must come with you"—I took him into custody—he said at the station-house that he took it in the way of business from a regular customer for a pot of beer—the beer-shop

had not been opened more than a fortnight, but the prisoner had occupied it some little time before, perhaps a fortnight or three weeks.

THOMAS ROSSITER . I am clerk in the employ of the Phoenix Gas Company. On Tuesday, 18th Sept, the prisoner, I believe, came to the office to pay 5l. deposit for gas to be consumed in a beer-house in Webber-street—he handed me this 5l. note—I looked at the signature, and, while I was examining it, he pointed to the name under the word "Five" in the note, and he said, "That is the name"—the name is Cumby—I wrote the name Cumby on the back of the note, and the date—I gave him a receipt, and he left the office—I did not see him again till he was in custody—I gave the note to Mr. Burslem, the cashier in our establishment—it was returned on the following Friday.

JOSEPH BURSLEM . I am cashier at the Phoenix Gas Company's office. On 18th Sept the last witness delivered me this note—on Friday, 21st, it was returned to me by Barclay's bank—in consequence of what I heard from Mr. Rossiter I went to the prisoner's beer-shop in Webber-street on Friday, 21st, about half-past 10 o'clock in the morning—I took an officer with me—the prisoner was not at home—I learnt he would return about 1 o'clock—I left a message for him with his daughter—about half-past twelve o'clock the prisoner came to me at the gas office with another person—he told me what he came for—he said, "My name is Cumby; I believe you are in possession of a 5l. note paid by me to the Company, which note appears to be a forgery; if you will return me the note I will give you the money for the same"—I declined returning the note, and he wished for a memorandum that I had the note in my possession, which was done, and the money was paid in silver—I did not see him afterwards till he was in custody.

Cross-examined. Q. Do you know he is a gas-fitter by trade? A. No; I know nothing of him at all—I left word with his daughter that it was a forged note, and she said her father would be back between 1 and 2 o'clock.

----HUMBLAKE. I am an inspector of Bank-notes. This 5l. note is a forgery in every respect—this 10l. note is also a forgery.

(The prisoner received a good character.)


Reference Number: t18551022-993

993. THOMAS CUMBY was again indicted for uttering the 5l. note, upon which no evidence was offered.


Reference Number: t18551022-994

994. THOMAS DICE and ELIZABETH DICE , feloniously killing and slaying Thomas Dice.

MR. W. J. PAYNE conducted the Prosecution.

EDWARD GREENING . I am a cow-keeper, and live at New Park-road, Brixton. I knew the person who is dead—his name was Thomas Dice—on 24th Aug. I was passing by, and spoke to Thomas Dice, and Mrs. Dice came and asked for the horse and cart—he gave her 3s.—they were quarrelling, and I saw the prisoner Thomas Dice was going to hit him—I said, "Don't hit your father," and Mrs. Dice said, "Don't hit him"—he was a man who used to drink very much—I have heard them quarrel before that—they were always quarrelling—I never saw the man struck, but I have seen him with a bruised face.

Cross-examined by Mr. SCOTT. Q. Did you ever hear from the deceased that he had met with an accident? A. No—I was told by another person that he fell out of a cart—he was a man of very intemperate habits—a very quarrelsome man.

PETER GEORGE GORDON . I am a baker, and live opposite to the deceased in Lyham-road. On the morning of 25th Aug. I slept rather later than usual—I was awoke by a stifled gory of "Murder!"about 4 o'clock—I got out of bed, lighted a candle, looked out of window, and saw the prisoner Thomas Dice kneeling on his father, who was lying on his back in the road—the prisoner Thomas Dice had one knee about on his father's breast, and the other knee close by it—I did not see him strike any blows—I let down the blind, and went down stairs to work, being without a journeyman at the time.

Cross-examined. Q. How long did this last? A. I should suppose the little space I saw it might be two or three minutes, or a trifle longer—I saw no one but the son and the father—if the female had been there I must have seen her—it was directly opposite my window.

GEORGE WENHAM . I live on the same side of the road as the deceased's house was. On Saturday morning, 25th August, about a quarter before 4 o'clock, I heard a noise—the man was denying the son from taking his pony—I looked out of the window, and saw the prisoner, Thomas Dice, throw his father on the ground on his right side, and the prisoner fell on his left side—the man who is dead said, "Oh, you have done it," and he cried "Murder!"three times, and then he cried "Police!"—the female prisoner was there, and she threw herself on the top of her son—that was all I saw—it appeared that she did it to help the deceased—she did not say anything.

JOHN FIELD . About 11 o'clock at night, on 24th Aug., I heard screams of "Murder!"from my next door neighbour, Mr. Dice—I did not hear anything after that, till the next morning about 4 o'clock, when I heard screams of "Murder!"again—on hearing that, I got up, and went to the front bed room window—I saw Thomas Dice, the elder, tying on his back in the middle of the road, and the prisoner Thomas was standing over him—I saw the female prisoner coming out, and she said to her son, "Smash him," and her son said, "I have smashed him"—all this was after I heard the cry of "Murder!"—the two prisoners then walked away—the son went towards the pony and cart—there was a pony and cart there—the pony was old Dice's—the son helped his younger brother to put the pony into the cart—the son said, "I will kill the old b——r before I have done with him"—I had known old Dice some time—when I heard the cry of "Murder!"I knew it was his voice.

Cross-examined. Q. Did you see anything in the prisoner's hand? A. No—I was about thirty feet from the place—I heard his wife say, "Smash him"—I did not see the son strike the father—I never saw him do anything but stand over his father—I saw the son go to the pony and cart—it appeared to me that the female prisoner was then going away to her own house—old Thomas Dice got up and walked away—I was looking at them about a quarter of an hour or twenty minutes.

MR. W. J. PAYNE. Q. At 4 o'clock it was daylight? A. Yes—I was able to see what I have described.

SOLOMON JACOBS . I live at Brixton. I knew old Dice—I saw him on a Saturday morning—I cannot say on what day of the month—he was sitting down facing the "Ironmongers' Arms"—he was crying—I persuaded him to go home—I saw blood all round his forehead—he had two black eyes, and had his hand across his chest—this was about half-past nine o'clock—I persuaded him to go home—he walked home along with me to his own door—when I got there, I saw the female prisoner kneeling down doing

something—he wanted to go in, and she said, "You b—r, you shan't come in here"—he went into the adjoining house—the female followed him into the next house, which was his house also—I stood outside against the door—when they were gone in, I heard something smash, and the deceased came out, and Mrs. Dice followed him—when the deceased came out he was bleeding very much from both sides of his nostrils and his head—he had not been bleeding in that way when he went in—the female prisoner came out following him, with a ginger-beer bottle in her hand, and said, "You have got it now to rights, aint you, you b—r?"—I said to her "Mrs. Dice, give the poor man a drop of water"—she said, "You Jew b—r, mind your own business"—I walked away—she was quite sober.

MARY ANN WENHAM . On Saturday morning, 25th August, I saw old Dice, between 9 and 10 o'clock, go into the house next door to me—he came out of that house, and went into the next house—his wife followed him in, and there was a great crashing of something, as though things were breaking—I saw old Dice come out again, and the female prisoner following him—she had a ginger-beer bottle in her hand—old Dice's face was covered with blood, and I heard the female prisoner say, "You have got it now, you b—r"—he went away—she was sober.

HENRY ST. JOHN BULLEN . I am a surgeon. On 1st Sept., my attention was called to the deceased, who was then in the reception ward at Lambeth workhouse—he was able to stand upright, and was conscious and rational, and able to reply to my questions—I found him tremulous, as if from a habit of hard drinking—he drew my attention to the condition of his chest—I found the fore part of it very much swollen, enlarged, and bruised, so that I could not feel the bones underneath—I had him put to bed in the sick ward—on 3rd Sept., I found symptoms of an abscess on the right side of the chest, which I opened, and there was a discharge of about a pint of very fetid matter—that appeared to relieve him—he appeared better the next day—on 6th Sept., he was much worse, and from that time till the 13th he continued declining—on the 13th, his state was one of imminent danger—I told him so at that time, and he said that he felt that he was sinking and could not recover—in consequence of that I directed a police Magistrate to be sent for, and the deceased made a statement to him in my presence—no longer time elapsed between my telling him he was in imminent danger, and his making the statement, than was necessary to send for the Magistrate—after that the deceased continued gradually to sink till the 20th, when he died—on the day after his death I made an examination of the body, and took some notes of it—the head was carefully shaved over the upper portion of the scalp—I found two contusions between the dura mater and the brain—I uncovered the skull, which I found solid and unbroken—the membrane covering the brain was congested, and adherent in its inner surface to a small spot at the upper part of the brain—the brain itself was slightly congested at the base of the skull—I examined the chest and found the large sinus of an abscess, extending from the right breast across the breast bone to the left breast about eight inches in length—it had penetrated into the hollow of the chest, and up to the throat back to the spine, and down into the belly—it had surrounded the surface of the lungs—it had partly got into the texture—the outer surface of the lungs were adherent to the inner walls of the chest—I found the fourth and fifth ribs broken on the right side, and the breast bone also—the external part of the chest was covered with dark discoloration, the result of contusions—there was a double fracture of the fourth rib, and a single fracture of the

fifth rib—I afterwards examined the stomach, and other ports of the body—the muscular substance of the heart was pale and flabby—the cause of death in my opinion was the inflammation, and formation of the large abscess and an un united fracture in the chest, the result of external violence.

Q. In your judgment, what length of time had elapsed between the injury and the abscess? A. My opinion is, that for the formation of such a large abscess two or three weeks must have elapsed—it might, in a bad constitution, have occurred in ten or twelve day—he was in a state of muscular debility from hard drinking—I do not know that if a man continued drinking for days after receiving this injury, it would cause the abscess to form sooner than it otherwise would—I should rather have recommended the continuance of stimulants—my opinion is, that the injury was caused by blows—it might be by great pressure.

Cross-examined. Q. Do you think that blows inflicted by a man in a recumbent position, or kneeling on the chest, would cause such factories as you describe? A. I think such violence might—I think the breast bone might be broken by the fist of a powerful man—the fourth rib had a double fracture, and the broken portion was partially dissolved by the matter surrounding it—the bone itself did not penetrate the lungs, it was lying loose—the abscess had partly penetrated the lungs.

Q. Do you think a man who had received such severe injuries could walk about three hours afterwards, and continue exerting himself throughout the day? A. A man with broken ribs might walk about, and does walk about—I never saw a parallel accident before, but a man might do it—I think if he were the subject of subsequent violence, his sufferings would be very much aggravated—if a person were to throw him down, I should say he must be a man of very stern feelings if he did not complain—the injuries of the head did not involve death; yet I should say the deposit of serum at the base of the brain was serious—I heard the deceased's statement—had I never heard the statement, I should have been of the same opinion—I should have expected such an abscess would have taken four weeks to form, but the length of time would depend on the state of the person's body.

JOHN M'DONALD . I am a surgeon, and live at Clapham. On 29th Aug., my attention was called to the deceased about 10 o'clock in the morning—he was at his own house in bed—he was highly excited, very feverish, and trembling from the effects of drink—he drew my attention to the upper part of his chest, on the right side—I partly examined him at that time—I saw him again the next day, and found him better—on the Friday I met him walking out, nearly half a mile away from his own house—I saw him on Saturday, 1st Sept., he was then quite delirious, unmanageably so—the cause of it appeared to be drink—I requested his wife to send him to the infirmary—I have been in Court while the last witness was examined—I do not question that opinion as a medical man, but it appears to me that the fracture of those ribs was not recent—I met him on Friday walking upright—I asked him if he was in any pain—he told me no—I asked if he had any pain in his stomach, he told me, no—I asked if he had any pain in his chest, he said no.

COURT. Q. What did you ask him on Friday? A. I expected to have found him in bed, and I asked if he were in any pain—he told me no—I asked him more particularly, expecting to have found him worse than he was, if he had any pain in his stomach, knowing his habit of drinking—he said no—I asked if he had any pain in his chest—he said

no—I said, "How does your head feel?"—he said, "It feels queerish"—I said, "Of course it does, from drink; if you go on this way you will kill yourself"—I said, "Your wife will give you as much drink as is necessary; do not you take any more than what she gives you; if you take more you will certainly kill yourself"—I said to his wife, "Do not give him any more"—he said his wife would not give him any—I said, "Yes, I left particular directions with her what to give you, beef-tea and other things"—I think that morning he was making his way to a beer-shop—I think he was a shoemaker—I have known him many years, and attended his wife in her confinement—the man himself had come to me—he had a broken nose and black eyes, and was in a dreadful state from drink—he came to my surgery on an evening—I gave him medicine, and requested to see him again—he did not explain the cause of the injuries—I did not ask him—that was three or four weeks previous to my last seeing him.

MR. W. J. PAYNE. Q. You saw no fracture? A. No; I saw he was very much injured—I did not examine his person—he told me he had had bruises and blows—I must say that an abscess might come on in a hard drinking man in less time than it would in a healthy man.

Q. Would a person who had been knelt on, and received the mischief described, be able in a short time afterwards to walk away? A. It would have produced very severe pain, but he would with an effort have been able to get up—he would have been able to walk away with the fracture of the breast bone and the abscess, but, of course, the movement most have been very painful to him.

LLEWELLYN GREEN . I am clerk to the Magistrates at Lambeth Police Court. I was present at Lambeth workhouse when Thomas Dice made a statement—it was taken down by me.

Q. Was anything said to the man as to the state in which he was? A. He was told by the Magistrate that he must believe himself to be dying before anything could be taken down as evidence—the reply he made was, "I believe I am dying"—(read)—"The dying declaration of Thomas Dice, taken on 13th Sept., 1855, before Isaac Onslow Secker, Esq., one of Her Majesty's Justices of the Peace in and for the County of Surrey; and the said Thomas Dice, before making this declaration, said he believed he was dying from the effects of the injuries he had received in this case: 'On Friday night, 23rd last month, at from half-past 11 to 12 o'clock, I was in my own house—I went to bed, and my son came into my room—I got up, and he said, "Now"—I took up a stout bottle, and broke a chimney glass with it—I did that because I would not throw it at my wife—I had been having words with my wife—his mother called him into the room—she said, "Tom, put the old rascal (meaning me) out," and he took hold of me, and gave me a bit of a pull and three or four punches on the head, and then knocked me on one side, and laid hold of my neck tie, and put his knee on my chest, and beat me about on the chest—I called, "Murder!"as loud as I could, and said, "Do, for God's sake, let me go!"and he said, "Yes, I will, as soon as I have beaten your chest as flat as these boards"—he struck me several times while I was down—that was on the night—I went to bed then—I heard him, at 4 o'clock the next morning, busying about the horses, and I went down, and said, "Don't take my pony away," and he said, "What do you think of it now?"and before I could get away he struck me on the chest again—I got a rattle to spring it, but before I could spring it he struck me on the chest several times—I said, "For God's sake, don't"—he then said, "Give me a rope, and I will hang the b—r," and

then he went away to market—I bled from my right eye and nose—not from the chest—I was drunk on the Friday night in question—I was not drunk on the Saturday morning, but I got drunk during the day—I feel easier now than I did—I feel that I shall not recover from it—I believe I am going to die. The mark of x Thomas Dice.'"

Cross-examined. Q. Did you know the deceased? A. Yes—he was a quarrelsome man—his demeanour, when he made this dying declaration, was such as ought to be the demeanour of a man who supposed himself dying—I believe he was a dealer in marine stores—I should think his age was about forty-five.

JOHN DICE . My father's name was Thomas Dice—he was about forty-five years of age—I recollect Friday night, 24th Aug.—my sister came and awoke me—when I awoke I heard my mother screaming—we dressed, and got down stairs—I went into the room where my father was—he had been drinking—he took out a stout bottle, and threw it—he was very violent—my brother was there—my father said, "What the b—y h—I do you want?"—my brother said, "Only for you to be quiet"—my father took the stout bottle, and threw it at him—it went through a looking glass—my brother then took him by the shoulders, and pushed him out of the room, and he slipped down the stairs—he slipped down on his back—I then went to bed, and heard nothing more till the next morning—about 4 o'clock next morning, just as we were going to market, my brother told me to go and get the horse—I went and got the horse, and my father struck my brother with the rattle—my brother got hold of it—he was struggling with him—they both fell down into the road—my mother came out, and she said, "Smash it"—my brother said, "I have smashed it"—I went off to market—my father got up, and went indoors—my father cried, "Murder!" when he was slipping down stain, and he did the next morning while he was in the road—my brother did not kneel on him—they both fell down together, struggling for the rattle.

Cross-examined Q. I believe this rattle had been a cause of frequent annoyance? A. Yes—my father was in the habit of using it—my father went to market that morning—he came up to give my brother in charge for felony, for horse stealing, for stealing his pony—he called a policeman, and offered to give my brother in charge for horse stealing—the policeman asked him what his name was—he said, "Thomas Dice"—he asked him where he lived—he said, "In the same house I live in"—he walked to market—my brother got his things ready when he was just upon starting, and he got up and got back again—I do not know what time he went to market, but he was up there, and waiting—the market is about four miles distance.

EDWARD ADAMS (policeman, P 181). I recollect Saturday, 25th Aug., I saw the deceased drunk at quarter before 7 o'clock in the evening—I saw him again at half-past 7—I saw the prisoner there, and they were quarrelling about the pony and cart—they were pushing one another about—the deceased fell on the footway—a few minutes afterwards I was called, and took the prisoner.

Cross-examined. Q. Did you speak to the deceased when you saw him fall? A. No; he made no complaint to me—I was going back to speak to him, but they got him away.

MR. SCOTT to JOHN DICE. Q. Did you ever hear your father say that he had fallen out of a cart? A. Yes, that was about a fortnight before this

happened—he was then at Balham—I heard that from himself—he said he had a rare fall right over the back of the cart.

THOMAS DICE— GUILTY . Aged 22.— Confined Eighteen Months.


Reference Number: t18551022-995

995. GEORGE PEMBROKE was indicted for the manslaughter of Mary Ann Latimer.

MR. PLATT conducted the Prosecution.

ELIZA FEE . I am the wife of Henry Fee, a hatter, in Orange-street, Southwark. On the morning of 18th Sept I had been up all night with a neighbour who was ill—I was in an upper room, and about quarter past 5 o'clock that morning I heard a great disturbance in the street, and a woman making a great noise—I opened the window, and saw a woman standing under the window with a bonnet in her hand—I afterwards saw a woman in the act of lifting mud from the street with her hand and throwing it at the prisoner—it turned out to be the dead woman, Mary Ann Latimer—she was taking up mud and oyster shells, and what she could get, and throwing them at the prisoner, and calling him dreadful names, using dreadful language—I have seen him as a neighbour—he and this woman lived together—she called him a thief, and she called "Mr. Black, come down, he has stolen your shirt, and he has stolen three pairs of boots, too"—when she said this, she was running towards him with the mud in her hand, and throwing the mud over him—the prisoner went into the house, and she then ran and called Mr. Black, and said he stole his shirt, and three pairs of boots—the prisoner came out again, and she called him a b—y English Sossener, and she turned up her sleeves as if turning them up to fight—she said, "I am a b—y lion, and I will tear your liver out"—she was then with her fists doubled, and her sleeves turned up, and was very near to him—up to this time, the prisoner had done nothing at all to her—he did not call her anything—I never heard him speak—on her using this threat, he raised his hand straight, as if he were going to hit her a blow, and he struck or pushed her, I cannot say which, but she reeled, and fell—she turned on her side, and her head struck against the iron post, at the corner of the street, on the kerb stone—I came down and went to her assistance—I lifted her up—she appeared quite lifeless—I put my hand on her chest, she appeared to have no pulsation—I put my hand to her forehead, and it was cold—I looked at her right hand, and there was a little blood—the prisoner struck her with his hand closed—I cannot say whether it was a push or a blow—I thought she was hit, as she fell—the prisoner went away as she fell—a policeman was called after some time—I heard the prisoner say she was not his wife, and that he had lived six months with her—I had not heard anything in their room before this—I had not opened the window—I did not hear the prisoner say anything about her brother.

Cross-examined by MR. LILLEY. Q. Were you on the opposite side of the street? A. Yes—she threw oyster shells and dirt in the street, and what she could get—she was very much the worse for liquor—I never spoke to her or to the prisoner before—I am not able to swear whether it was a push or a blow that was given—it was a quarter past 5 o'clock, just break of day.

THOMAS PILKINGTON . I am a hatter, and live at No. 6, Orange-street Off the day in question I heard some screaming and noise from a female—it turned out afterwards to be the deceased woman—I got out of bed, and went to the window—she called the prisoner a b—y sod, a b—y thief, a villain,

a rogue, and everything she could lay her tongue to—she went to the corner of the street, and in a little while after she palled up her gown sleeves, and went out to the middle of the road, and directly after the prisoner came from the house and struck her a blow, I believe by the side of the head—she reeled, staggered, and fell against the post under my window—she never spoke more—when the prisoner heard she was dead, he came from the corner of the street, and said, "I will go for the doctor."

Cross-examined. Q. How near were you? A. My window is within six or seven yards of where they were standing—it may be a yard or two more—she was in liquor—I did not see her throw oyster shells and mud at the prisoner—I did not see her strike him—I do not think she did—he expressed great sorrow for what had happened when he came round the corner.

RICHARD BARRETT . I am a costermonger, and live in Ewer-street. At half past 4 o'clock that morning I was standing at the corner of Norfolk-street—there was a disturbance between the prisoner and the deceased—I did not know either of them—the woman was using very bad language, and she likewise went and got mud and oyster shells, and was throwing them at the prisoner, striking him several times, and laying hold of him, and shaking him—he said, "If you don't go away from me, I will be forced to hit you"—she said, "I will have satisfaction for your knocking me about; I will go and fetch my brother from Spitalfields"—he said, "Before You have satisfaction of me, I shall have it of you," and with that he struck a blow at the back of her ear—she fell, with her back against the post, and her head against the kerb stone—she had nothing on her head—she gave a female her bonnet to hold—her cuffs were turned up—there were no other blows but one—I went to see for a policeman—I could not find one—I met the prisoner running down—the woman was drunk—the prisoner was solid and sober.

Cross-examined. Q. Did you see the deceased strike the prisoner several times before he struck her? A. Yes, he pushed her away several times—during all this time bad language was being used, and things being thrown—I am sure that he struck her—it was not a push, he struck her—I was about a yard and a half from them—the woman had nothing in her hand that I saw.

JOHN BAKER (police-sergeant, M 8). At a quarter past 7 o'clock that morning, I was on duty at the Stone send station—Griffin brought in the prisoner, charged with having caused the death of this woman—some observation was made by Barrett—I asked him what he knew—he said he saw the prisoner strike the woman under the ear and in the breast—the prisoner contradicted that and said, "I only struck her once in the breast, and she fell against the post"—I had previously cautioned him—I asked him what the woman's name was—he said he only knew her by the name of Mary Ann Latimer.

ARTHUR GRIFFIN (policeman, M 91). At half past 5o'clock that morning I was on duty in Union-street—my attention was called to No. 17, Pepper-street, by a boy—I went and saw the deceased on the bed quite dead—I took the prisoner into custody—he made a statement to me about the woman attempting to strike him with a bar of iron—I cautioned him—he said she threatened to cut his head—he said, "First I struck her, then I pushed her in the breast, and she fell against the post"—he was sober.

EVAN ROWLEY . I am a member of the Royal College of Surgeons—about half past 6 o'clock that morning, I was called to go to that house—I went into the back room on the ground floor—I found the female lying

quite dead—I examined the body—I found no recent external violence outside—I was ordered by the Coroner to make a post mortem examination—I found all the viscera in a perfect state of health—in the head I found a small injury at the base of the brain, but nothing to account for death—in the neck there was a small artery ruptured, but the ligament came on the spinal marrow, and caused instant death—a blow or a fall might produce that appearance.

Cross-examined. Q. Suppose a person were pushed down, or even struck, would a state of drunkenness, in which the deceased might be, accelerate and increase the consequences of a fall? A. Decidedly so.

MR. LILLEY called

ROBERT BLACK . I am a builder, and live at No. 14, Pepper-street—I was the landlord of the prisoner—I have known him about six months—he was a hard working and an industrious man, and humane and inoffensive—he was not at all addicted to quarrelling.

Cross-examined by MR. PLATT. Q. Have you not heard constantly shouts and screams from the room that they occupied? A. Yes, but he would not quarrel with her—I have heard screams of "Murder!"come from the place in a female's voice.


Reference Number: t18551022-996

996. JOHN PRITCHARD , burglariously breaking and entering the dwelling house of Jacob Evans, and stealing 1 victories, value 2s., the goods of Johanna Sheeley: and 1 coat, value 3s. 6d., the goods of John Pritchard.

JACOB EVANS . I live at No. 194, Kent-street. On 17th Oct., I fastened my street door at 2 o'clock in the morning—I then turned off the gas and went to bed—about 5 or 6 o'clock, I heard my sister cry "Thieves, thieves!"—I jumped out of bed in my shirt, and went out in the street—I saw a man who told me some person had gone out—I came back, having no clothes on—I found a reversible coat and a hat, which had not been there before—I missed a victories and a coat—I have not seen them since—this was between 5 and 6 o'clock, I suppose about ten minutes after 5 o'clock.

JOHANNA SHEELEY . I am sister to the last witness's wife; I lodged at his house, in Kent-street. On that morning I heard a person in my room—I did not hear him come in, but I heard him in the room—I looked, and saw the prisoner in the room—he took my clothes together in a bundle—he took them all—I called out, "Jack, Jack!"and he got away—it was quite light—I am sure the prisoner is the man.

MARY BEASELEY . I keep a coffee shop, at No. 299, Kent-street The prisoner came about 3 o'clock that morning—he asked for a cup of coffee, and bread and butter, which I gave him—he left about 5 o'clock—he had a Mackintosh coat, and a hat with a mourning band—I think I should know that coat again—I think this is it—the prosecutor's house is five doors from there.

WILLIAM WILLIAMS (police-sergeant, M 17). I know the prisoner as an associate of convicted thieves—I have seen him wear this coat and hat, or some like them—I apprehended him at No. 3, King's Head-square, Shore-ditch—I said, "You are wanted, for stealing a coat and other articles, from Kent-street"—he said, "I know nothing of it."

GUILTY . Aged 21.— Four Years Penal Servitude.

Reference Number: t18551022-997

997. WILLIAM BOOKER , feloniously forging and uttering a request for the delivery of goods, with intent to defraud.

GEORGE GODSON . I am in the employ of Moser and Co., ironmongers, in High-street, Borough. This order for some spades and shovels was brought to our house, I believe, by the prisoner—I gave instructions to our porter to deliver the goods—they were looked up, and an invoice made out.

JOHN SPENCER . The last witness gave me instructions to make up these goods, which I did—I came down to ask him who they were for, and I met the prisoner in the shop—I said, "Who are these for?"—Mr. Godson said, "They are for Harding"—I said to the prisoner, "Are you Harding's man?"—he said, "Yes"—I asked him how it was that Mr. Harding sent to our place for them, as he generally had them from the country—he said they had got a customer waiting for them, and would I lend him a truck to carry them, which I did—the truck came back the same afternoon.

Prisoner. Q. Did you know me? A. Yes; I knew you by working for Mr. Harding. Order read: "Please to send one dozen shovels, one dozen spades. G. Harding, No. 15, White-street."

GEORGE HARDING . I am an ironmonger, and live at No. 15, White-street I know the prisoner, he had been my apprentice; he served me four years, and then absconded—I did not give him this order, or authorise any one to give it him—it is not my handwriting, or the writing of any one in my establishment—I believe it to be the handwriting of the prisoner.

GUILTY . Aged 20.— Confined Six; Month.

Before Mr. Common Serjeant.

Reference Number: t18551022-998

998. ELIZABETH PEACOCK , burglariously breaking and entering the dwelling house of Charles Johnson, and stealing 1 coat, and other articles, his goods.

MR. DUNCAN conducted the Prosecution.

THOMAS DUCKLEY (policeman, L 174). On Saturday morning, 15th Sept., I was on duty in Oakley-street at half-past 2 o'clock—I saw the prisoner coming along with this bundle—she was walking slowly—she came up Gloucester-street in a direction from Charles-street—I stopped her, and asked where she got those things from—she said she had had a quarrel with her mother, and she had brought these clothes away from Fleet-street—I took her to the station and found the bundle contained these things—some of them are men's clothes—she said her husband had gone to the Crimea, and these were his property.

JANE JOHNSON . I am the wife of Charles Johnson, the prosecutor—he is a gun-barrel filer, and lives in Charles-street, Westminster-road—I never saw the prisoner till I saw her at the station—in the night between Friday, 14th Sept., and Saturday, I was robbed of a black silk dress, a skirt, a jacket, and other things—these are mine, and these are my husband's—at a quarter before 12 o'clock on the Friday night, I threw myself on the bed—the box with these articles in it was under the bed—the bed room door was locked by my landlady, I heard it locked—I then dozed off to sleep—(my husband was in the hospital at the time)—about 10 o'clock the next morning I got up and missed these things—I found the door was unlocked, and on the jar—about 9 o'clock, or just about 9 o'clock, the child came in to light the fire.

SARAH SUTER . I am the wife of John Sutter—he is a smith, and lives at No. 7, Charles-street, Westminster-road—the last witness resides in the parlour of No. 5, which is one of my houses—her husband was in the hospital—I remember Friday night, 14th Sept., seeing Mrs. Johnson in her own room, between 11 and 12 o'clock—I went into her room to light her candle,

and I remained a few minutes—she threw herself on the bed—I retired from the room and locked the door on the outside—I took the key in doors with me—this apron is mine, my little girl left it in Mrs. Johnson's room—I saw it when the policeman brought the bundle.

COURT. Q. It is your house, but you do not live in it? A. No—the room that Mr. Johnson has is his own room—he has it to himself.

JURY. Q. Are you in the habit of locking the doors of all the rooms? A. No—my reason for locking the door of that room outside was for my little girl to go into the room.

Prisoner. I was with her from 10 o'clock till 1; it was 1 o'clock before we had done drinking; this last witness went away, and left us drinking; there was no door locked at all; I do not deny taking the things. Witness. The prisoner's mother lodges in that house, but I had not seen the prisoner for six or seven years.

JANE JOHNSON re-examined. I did not see the prisoner in the room when I went to bed; no one was there.

GUILTY of stealing only . Aged 24.— Confined Twelve Months.


The following Prisoner, upon whom the Judgment of the Court was respited at the time of Trial, have since been sentenced as under:

Vol. xlii. Page Sentence

1 Hagan, Daniel... 583... Confined Ten Days.

2 Richardson, George Boness ... 604... Confined Six Months.

3 Biggs, James... 671... Confined One Day.

4 Hall, Charles... 671... Confined Six Months.

5 Tree, Eliza... 698... Confined Seven Days.

6 Pegram, David... 715... To enter into recognizances to appear when called on.

7 Banks, John Henry... 5... Ditto.

8 Davis, Caroline... 13... Confined One Month.

9 Dible, Mary Ann... 75... Confined Six Months.

10 Harnwell, Eleanor... 232... Confined Twenty-one Days.

11 Coxhead, James... 261... Confined Six Days.

12 Ashburnham, Denny... 302...Four Years' Penal Servitude.

13 Henessey, Catharine... 356... Confined Seven Days.

14 Wilton, Sarah... 356... Confined Seven Days.

15 Larner, Elizabeth... 379... Confined Seven Days.

16 Gordon, Cosmo William... 408... judgment reversed.

17 Shanley, Walter... 424... Confined Four Months.

18 Curtis, Emma... 430... Confined Four Months.

19 Smith, Hugh Joseph... 435... Confined Twelve Months.

20 Welford, William... 496... Confined One Day.

21 Wortley, Edward Joseph... 537... Confined Two Years.

22 Lands, alias White, Thomas... 556... Judgment reversed.

23 Wheeler, Edmund... 662... Still respited.

24 Barney, James... 728... Confined Six Months.

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