CENTRAL CRIMINAL COURT.
SALOMONS, MAYOR. SECOND SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT—Monday, December 17th, 1855.
PRESENT—The Right Hon. the LORD MAYOR; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. CHALLIS; Mr. RECORDER; and Sir ROBERT WALTER CARDEN, Knt., Ald.
Before Mr. Recorder and the First Jury.
MESSRS. RYLAND and LOCKE conducted the Prosecution.
HENRY LATTER . I am a surgeon, and reside at No. 6, Adelphi-terrace, facing the river. I know, the defendant—I believe him to, be the occupier of a wharf and premises on the bank of the river, in front of the terrace—it is called, I believe, Western-wharf—be is a dung merchant—the business carried on there is collecting dung from various parts of the town, and collecting it in a barge, or barges, in front of his premises, and sometimes on the wharf—it sometimes remains in the cart before it is dragged down to the barge, and when there the cart remains nearer to our noses—I have known the carts remain on the wharf all night—I have observed this between 1st Jan. and Oct. this year—it is so frequent, that you may see it whenever you choose to look—I observed it last Friday, morning, but have not observed it so much lately, as I have been a great of town—the barges are moored close to the wharf, at varying distances from high to low water mark—sometimes, they are dry, but, generally speaking, they are afloat—the manure remains in the barges until it smells very badly, sometimes for eight or ten days)—it is a large barge, a lighter, and is filled by degrees, in about eight or ten days—the manure is not always taken away in the barge, it is sometimes transhipped—it is sometimes stable manure, sometimes cow dung; in fact, it is an omnium gatherum—we strongly suspect that there is human ordure, or contents of privies, from the intolerable stench, but I have not seen it—I have observed vegetable matter
among it—there was an instance of a very large amount of carrots put into the barge, some months ago, which very nearly destroyed us—they were in a state of extreme decomposition—they had been secreted under the Adelphi arches for some time, by somebody else, and I believe Mr. Clewley was employed to remove them—I have not observed cabbages there of late—I used to keep a register of these things some years ago, when we were bringing him up before the parish, but latterly I have left it to my neighbours—the stench latterly has been that of stable manure—it is very bad at times—we have suffered very great inconvenience from it all over the house—as a medical man, I consider it injurious to health, and can prove that it has been particularly so in our neighbourhood—when it is being put from the carts into the barge, or from the large barge into the little barge, the whole buildings, almost to the Strand, are affected by it—Messrs. Coutts's banking house is affected by it just as much as we axe—some few years ago, I was continually speaking to the defendant about it, and have told him, as a neighbour, that there was a duty which he owed to us, to keep his premises more tidy; but he was always very rude—these conversations have been at his wharf, or at his door—I addressed him as the person conducting the business—I have seen him on the barges, directing his men—I believe he very seldom does anything himself but he sees that others do it—the turning takes place at various times of the day, and it becomes worse and worse in proportion as it is turned—it decays in the barge, and then becomes worse—turning it makes it ferment more, but I believe the intension is to make it a more uniform compost for the market gardeners—there have been general complaints about this wharf and barges.
Prisoner. Q. Are you aware that there are four common sewers within a short distance of your house? A. Yes; there are two at Scotland-yard, one at the Adelphi, and one at the Waterman's Pier; there is one under the east, and another under the west end of the terrace—when the wind is south-west is blows directly on to the terrace—no doubt we smell the sewers sometimes—there is no smell from long litter, which is straw not quite trodden into manure, partially used only—I have said that you were very rude to me—I never took up my stick to strike you or anybody else—you did not say, "By God I will pay you if you strike me with that stick"—I never could have forgotten it if it had occurred—the greater part that I have seen lately has been stable manure, as far as my knowledge goes—I have not seen anything else for months, but I only see it when I come to town—I have seen dung standing in the carts in the evening, and in the morning; I cannot say whether the water has been down then, so that you could not get to the barge—the barge reeks—I have not observed more than one cart—I did smoke a cigar there when I was engaged with the parish in putting down this abominable nuisance—it used to be a favourite walk some years ago, until they made it such a filthy place that nobody could go there—a smell undoubtedly arises from the urinal under the Adelphi, which is much frequented—the parish sweepings are not taken down there, they sweep the streets now which they did not formerly—I do not think it is swept into your dock.
JURY. Q. How far is it from high water mark to where the barge is moored? A. Twenty or twenty-five yards; but I can only judge from the fact, that when John Gore was here, I had a line struck from my bedroom window to his barge, and it was fifty-one yards off, including the breadth of the terrace.
official referee under the Metropolitan Buildings Act carries on business there, and has from eighteen to twenty clerks; I have charge of the house, and live in it—the defendant's, barge lies forty or fifty yards westward of No. 6—it is permanently moored there, and contains an accumulation of horse dung principally, and I believe cow dung, but cannot say positively—I cannot say that I have noticed vegetable matter—I have seen carts bring; the stuff down to the barge, and have afterwards seen it transhipped from one barge to another, the effect of which is a very disagreeable stench when the wind is in the south-west—I have not seen the defendant on the barge for the last three or four months, but before that repeatedly, giving directions to his men apparently, who were emptying the dung out of the cart into the barge—I have not complained to nun about it.
Prisoner. Q. Are you aware that there are sewers at Scotland-yard, and, one at West-wharf? A. Yes; 1 have repeatedly passed Fleet-ditch in a steamboat, when the water hat been up, but never noticed any smell there; the tide stops the smell from coming down—a smell may possibly arise from the Adelphi arches, the urine place there smells very bad at times, but not, like a cart load of dung—I have not seen your son or any of your men throw up mud out of the river into your barge—I have frequently seen a barge load of long litter put into your barge between 7 and 8 o'clock in the morning, but there is horse dung among it—when I was getting up this morning, the steam was rising, from your barge in an immense cloud—it was not fog, but steam from the barge—the barge has been nearly full all the week, and steaming all the time.
MR. RYLAND. Q. Was there a smell from it this morning? A. I did not notice it; it is when the wind is south-west that we catch it—the soft stuff that I have seen could not be dry litter from the stable—dry litter will smell when the rain comes on it, because it gets decomposed; but if it did not remain there long there would be no smell.
COURT. Q. How long have you lived there? A. Ten years—this business has been carried on four of five years, and for the last three or four years by the defendant—I went to the house when the official referee went—I do not think the stench has increased, it is about the same as it has been for the last two or three years, nor has the quantity increased, or the nature of it become more offensive.
DAVID GORDON LAING . I am a house decorator, of No. 2. Villiers-street, Strand, immediately opposite the ride where this business is carried on, so that I get the full benefit—it is underneath the terrace, below one street and above another—I occupy a long arch seventy or eighty feet long—there are three rides fronting the terrace—this is the west ride—my arch is ten yards from the defendant's wharf—I have a workshop there, and live in Villiers-street—I sometimes employ three or four workmen, principally in painting sign boards—from Jan. to Oct. I have seen dung of all descriptions brought to the defendant's wharf—it seemed like horse dung, but from the desperate smell I should think there is some pig's dung—the man I had there most frequently is obliged to stay away, as he cannot stand, it—he has complained to me most bitterly about it, and an apprentice I had there was taken with a slow fever two months ago, and was laid up for nearly a month—the stuff was reeking last Thursday—the arch I occupy has only a wooden floor, and the street is underneath where the carts pass along—when we open the windows to get a breath of fresh air, the smell is very fearful—when the tide goes down, there is a slope, and that is called the ride—on account of the construction of our place, we get the stench
from the barge from almost every quarter from which the wind blows—it is very offensive, and smells more like night soil than anything else—I have a knowledge of the sort of smell, being a plumber—it smells more like soil from privies than stable dung—the stuff in the carts is sometimes in a decomposed state, but not always—it is let drop all along the ride, and lies there till it festers, and the whole ride is covered with it, and it is then gathered up, and put into the barge—I have seen the ride covered with it for a week, stinking all the time—it may take a fortnight to fill the barge—I have seen it turned into the barge, and then the smell is increased, and the same when it is put in other barges—Mr. Gore's nuisance is totally removed, so that whatever smell comes now, comes from the defendant's place—our men complain more of this than they did of Gore's even while Gore was there.
Prisoner. Q. Are you aware of the sewers there? A. Yes—I am not aware of one in Villiers-street—I have refrained from coming to you, because I knew the sort of reception I should meet with—you cannot help old Father Thames washing the stuff up, but you leave it there for him to turn it into manure—I never saw straw thrown overboard from the barges unloading at Hungerford—I have seen it fell out of the carts—I never saw a whole cart load of straw washed up at one tide, nor did I see any on Thursday last—I am sometimes there every day in the week, and sometimes for a whole day at a time—there is a smell from the dark arches, but nothing equal to what comes from your place—I am aware that Milligan and Henderson, hay. and straw salesmen, have stables there—am not aware that their dung hole was done away with last summer—I am not aware that the litter is taken every morning out of Mr. Henderson's stable—I came here because I was subpoenaed.
JURY. Q. Do you believe that if it was done away with there would be any other smell from the sewers in the neighbourhood? A. No question but that we should occasionally have a smell from the sewers, but we should not have the thing brought as it were into our very houses—Mr. Elder has a very large hotel there, and he feels it more than me.
COURT. Q. Does the high water wash up to your premises? A. Occasionally it covers the whole of the Adelphi—the ordinary tide does not come up to the wall, but at spring tide it does—the barge is moored twenty-five or twenty-seven yards from my premises—I have been there seven years, and the defendant's business has been a growing evil—it has decidedly got worse within the last twelve months, from the way in which the stuff has been dropped, and manufactured with the mud, to go into the barge.
GEORGE CHILD . I am one of the firm of Beck, Henderson, and Child, seed merchants, in the Adelphi Our counting house is the nearest premises to the defendant's wharf—there is only a narrow street dividing it—I have seen the barge constantly, and have seen the carts bring down stuff and put it into the barge—I have at times seen it moved from that barge into other barges—I have occasionally seen the defendant there when that has been going on, apparently giving orders—when this stuff has been moved in that way, the stench has been unbearable—I cannot say how long the stuff remained in the cart—it remained in the first barge, varying from three or four days to ten days—I have seen it moved about while it was in the barge—I have smelt the stench, and looked out of window to see the cause, and I have found the men stirring the stuff about in the barge from which the steam was arising, and when the south-westerly wind was blowing
it came direct into our windows, so much so that I have been obliged to go up into the Strand to prevent myself from being ill—the offensive smell has been more particularly during the months of June, July, and Aug. this last summer—it was always worse in warm weather than in cold—I have never complained to the defendant about it.
Prisoner. Q. Why have Von never complained to me? A. I had my own business to attend to—I am convinced that the smells I smelt in June, July, and Aug., were not from horse manure only—they were decidedly from the contents of your burge—I cannot describe any smell bad enough for it—it was worse than night soil, from the combination of fifth—I have occupied these premises about nine months, but we have had premises on the wharf for many yearns—I have been two years in the firm—my partner is not here: he is out of town—we rent a counting house under Mr. Elder—we had the middle wharf between the defendant's and Mr. Gore's so we had the double benefit.
COURT. Q. Has the mode of conducting this business changed at all lately? A. Within the last two months it has not been so offensive—it has been always carried on in the same way—it was not so bad last winter as it became in the summer—that was merely from the variation in the season.
CHAKLES ELDER . I am the proprietor of the Adelphi Hotel, in Adelphi-terrace; I do not sleep there; I conduct the business there. I know the defendant's barge—I have suffered great inconvenience from it, from loss of connection in business, from my own establishment complaining of it, and also myself when I have been there—I have observed the carte on the wharf—they were filled with horse dung and cow dung, and sweepings from Covent-garden market cabbages, and all the vegetable matters—I am speaking of the defendant's, not of Gore's—Gore' took a portion of the sweepings of Covent-garden, and the defendant took another portion—I am not confusing the two cases—I have met the carts of Mr. Smead, the con-tractor, and seen them go to the defendant's barge—I have seen cow dung, horse dung, and the sweepings from the market, in the carts, standing on the wharf—I have seen the defendant there at the time, standing, with his hands in his pockets, directing the men to fill the bargee—I have known this stuff remain in the carts on the wharf for twenty-four hour—during that time I have experienced an insufferable smell front it—I could not describe the nature of it exactly—it was the worst smell I ever smelt—after this stuff has been put into the barge, I hare frequently observed the men turning it—the smell has been the same then, and worse if anything, because it was steaming up—I have seen them turning it over when it has been in the barge—sometimes he has had a barge of dry stuff, and barge of wet stuffy and they have mixed it, so as to decompose the dry cow dung—then it remained perhaps one or two days, and then it was turned over again and mixed—they manufactured the stuff into manure in the barged—I have seen three barges there repeatedly—it has remained there for days; and then it was put into other barges, and carried away—the stench has been very bad then—it has been a serious loss to me many families have complained of it, and left through it—I remember when Gore's nuisance was abated—I have experienced all this since then—I have complained to the defendant about it—I told him that it was insufferable, and could not possibly be tolerated—he told me if I would go down he would put my head into it—at that time there was a cartload of manure, quite in a liquid state, standing under my window, and within six feet of Mr. Henderson's counting house.
Prisoner. Q. How long is it ago since you saw cow dung put in my barge? A. To the best of my recollection, the early past of last summer—I do not recollect that I ever spoke to your son—two or three weeks ago I saw a man standing on the barge, turning the dung over, as before, and I called out to him, "Halloo, Clewley! what! are you at that again? if you do not mind, you will catch it;" and he slapped his—1 swear I did not say to him, "You b—, I have got your father, and I will have you next"—I called him Clewley, because I supposed he was your deputy, and would answer for you—I have repeatedly called upon you, and asked you, civilly and quietly, to remove this nuisance, and told you the serious loss it was to me—for the last twelve months the steam and stench from your barge alone has been insufferable, all sorts of things were brought there—the smell from the urinary does not come into my house, it is "kept clean by the parish—one family left my house instanter in consequence of this nuisance, although my servants tried to make the best of it, and said it was merely temporary—at spring tides the water sometimes comes under the arches.
COURT. Q. Has this trade been earned on more offensively lately? A. Yes, because when Gore went away, one of his men joined Clewley in the business, and he took a share of Gore's sweeping and rubbish—I cannot say how long ago it is since he said he would put my head into the manure; I should say it was in the early part of this year, but I really cannot say.
THOMAS ALLEN . I am a civil engineer, and live at No. 1, Adelphi-terrace. I know the defendant's premises and his barge; the smell from it is very disagreeable—I have seen the stuff brought down in carts, and put into the barge, and often it has been there some days—I have seen it turned about; the smell has been worse on those occasions—from my position I am less subject to it than my neighbours, but on occasions it is very disagreeable indeed—my premises are about eighty or a hundred yards to the eastward of the barge.
Prisoner. Q. You are aware that there are sewers in the Adelphi? A. I believe there are—the smell from the barge is something worse than the smell of long kept dung, and in the summer time it is very offensive—it had the smell of horse dung, very long kept—I have seen the carts alongside the barge, they contained apparently horse dung—I cannot say that I have smelt any smell from the arches, I was never there, nor ever down on the wharf—I never complained to you of this nuisance—in the summer the nuisance was insufferable to me—it has been less since Gore left—it still continues, but to a lesser degree—the smell is something like that from an ill-kept cow house.
HENRY LONGMAN . I live at No. 9, Adelphi-terrace. The defendant's wharf is exactly underneath—I have observed cart loads of horse manure brought there both Sundays and workdays—I have seen them loaded into the barge—the smell from it has been that of a very strong manure, it was very offensive; I have often been obliged to shut the window when I should have had it open for air—I am not in any business, I take charge of offices and chambers—I have occasionally seen men, turning over the stuff in the barge, the smell has been more strong then—I cannot say how long it has remained in the barge, perhaps eight or ten days; according to when it was full, I suppose.
Prisoner. Q. Have you ever been under the dark archest? A. Yes—I frequently smell smells there, I know there are several sewers close there—the smell I have spoken of came from your barge—three or four months ago I saw the men moving it about in the barge, and it was so short they
could not turn it over with their forks, they were obliged to take shovels—they were mixing it all up together.
ALFRED LAMERTE DICKINS . I am a civil engineer, and am one of the superintendent inspectors appointed by the Board of Health. On 9th Jan. last I inspected the defendant's Wharf and barge—I have my original memorandum here which I made at the time, for the information of the Board of Health—I went down to inspect Gore's premises, and also to ascertain whether there were any other nuisances of a like nature, and with respect to the defendant's, I state that I saw barges there loading with apparently reeking stable manure, the smell from which was very offensive, and quite perceptible from the terrace and the streets adjoining—that was so—it was in a most offensive state, wet steam was rising from it, and it smelt like stuff from a very badly kept stable—on 24th Jan. I again inspected the defendant's wharf—there was a barge partly laden with the same kind of manure waiting there at the time—it was not quite so bad as before—on the first occasion they were turning it over, on the second the wharf was idle, I think it was dinner time—there was a very perceptible smell, but not so offensive as before—I saw the defendant on the first occasion, and asked him if he was the owner of the wharf—he said he was the occupier of it—I made some remark about the offensiveness of the dung, and he was so Very insolent that I was obliged to leave him—I did not tell him who I came from.
COURT. Q. How did you inspect the place? A. I first went up on the terrace and walked about there for some little time, and then I went down to the wharf where the cart was standing—it was not high water—they were then emptying a cart—it appeared to consist of horse dung and very rotten straw.
WILLIAM RANGES . I am a civil engineer; I am a superintendent inspector appointed by Board of Health. I was directed by the president of the Board of Health to visit Olewley's wharf, on 4th Oct last—Gore's was the adjoining wharf, but he had then entirely discontinued his business—I observed a barge on the defendant's wharf, with manure in it—the wharf is what is called a draw-dock, where carts go down to load and unload—it was low tide, and the barge was aground—there were no carts there then—the barge contained stable manure mainly, and a very small quantity of vegetable matter besides; leaves of cabbages—it had a strong pungent smell, the smell of manure of that kind—it was not very strong that day—the barge was about three parts full; the manure was then undergoing the process of decomposition—I did not go again—I made a report to the President of the Board of Trade—the result of placing the manure in the barge was offensive from the evaporation that took place, the exhalation from the manure in a state of decomposition—I considered it offensive—the stirring up of manure of that kind would of course be offensive; a nuisance of that kind would no doubt be calculated to make the houses of the persons in Adelphi-terrace uncomfortable for their occupation—I considered it a nuisance.
Prisoner. Q. If the manure was put in the barge fresh from the stables every morning, would that be injurious to health? A. That would depend upon how long it remained in the stable before it was brought out—it becomes offensive immediately—what I saw was perfectly dry, there was not any in a wet state—I discovered no odour from the sewers when I was there.
GEORGE HANCOCK . I am inspector of nuisances to the parish of St. Martin's-in-the-fields. I know the defendant and his premises, it is the next wharf to that where Mr. Gore carried on his business—there has been a general
complaint of the defendant's premises for a long time, by the people passing by, and likewise by the inhabitants living in the vicinity—I see his prettises every day, and two or three times a day—I have often seen the carts unloading into the barge, and have seen a man whom I took to be Clewley's son, at work in the barge with another man, throwing the stuff from the centre of the barge to the end, so as to fill it up, and make a regular load; I have also seen them put it front that barge into other barges to be taken away—when this has been going on, the smell has been altogether unendurable—I have not seen the defendant on the premises while this has been going on, for the last three or four months—I frequently saw him in the summer giving directions to his men, whilst this has been going on—I have frequently spoken to him about it not within these twelve months, but on previous occasions—I have known the premises for four years and a half in his possession—when I have spoken to him, he has made use of very abusive language towards me, and said he would put me and the parish at defiance to stop the nuisance he was making; that he had stood one trial, and he was ready to stand another—in my judgment it has been a very, great nuisance indeed; it has been very much worse in the summer, and worse since Gore's wharf has been done away with; for I think the defendant has taken a portion that Gore used to have.
Prisoner. Q. What sort of manure was it that wag put into the barge? A. I have seen your carts in different parts of the parish, and out of the parish, taking horse dung and cow dung, or any other filth they could pick up, to fill up the barge; even the refuse out of Brewer's-lane, at the back of Hungerford-market, from the poultry market and shops—that was not by my authority, I never told your men they might take it—I had no power to do so—I have seen your carts do this frequently until the last two or three weeks.
WILLIAM EMERY . I am collector of poor rates "for the district in which Clewley's wharf is situated; it is in the parish of St. Martin's-in-the-fields—the defendant paid me the rate on those premises from Midsummer to Michaelmas last.
Prisoner's Defence. I have a sample of this stuff here to show, the Jury the chief of the witnesses have proved that the smell was more like privy dung than horse dung; there was only a load and a half of litter put into the barge every day; I shall leave it to the Jury purchaser of the stuff here.
GEORGE BESSANT . I have been in the habit of buying the stuff out of the defendant's barge, I believe the whole of it—I have done so for the last five years—I used it on market ground, and for farming, as manure—what I bought at the early part of this year, consisted of horse dung, nothing else—after a deal of rain it has been wet and heated, when it came out of the barge; there is generally a little heat in a quantity of manure like that—to the best of my recollection, I have not had any cow dung from you since the cows were done away with in the Adelphi—I have not had any vegetable matter, or slaughterhouse stuff, in the manure that I have had from you for the last twelve months—the stuff contained too much straw, and I have told you of it—I have been obliged since last Aug. to have cow manure from another wharf to mix with it—I attended personally to the unloading of it from the barge into my carts—I have found nothing offensive in it for the last twelve months—I saw a load of it at the Adelphi this morning—I do not call it manure, I call it litter—I told you it was only stained straw, and I would have no more of it (looking at a sample)—I have had nothing
better than this for the last six months—I had a barge full about once in every nine days.
GUILTY. Aged 48.— Judgment Respited .
MR. WOOLLETT conducted the Prosecution.
JOHN JOSEPH MUNSER . I am porter at the Oratory at Brompton, which is a religious order of men. The dwelling house of the clergymen, the Rev. Mr. Faber and others, communicates with the church by a covered passage—on 3rd Dec., at 10 o'clock, I closed all the doors of the church that had been open, went out at the front door, closed and double locked it—about 4 o'clock next morning I received information, and went into the church to see if I could find anybody—I found the folding doors at the end of the church unbolted from the inside—I bolted them after me, went through the church, and found the door communicating with the house unlocked and on the jar—I went through it, fastened it after me, and went into the house to see if I could find any thief, but did not—(about twenty-four gentlemen live in the house)—I then went to the lodge where I live, and at 5 minutes after 6 o'clock in the morning, as near as I can say, I went to the church again, and missed the poor box and two offering boxes—I have seen them since, and know them.
CORNELIUS BRYANT . I am a labourer, of No. 6, Montpelier-road, Brompton. I know the prisoner by his being at work in the employment where I was—on 3rd Dec, about a quarter past 1 o'clock in the day, I saw him at the top of Hill-street, about a quarter of a mile from the Oratory—, he asked me how I was getting on—I said, "Very well," and that I did not wish to be getting on better—I asked him how he was getting on—he said, "Very badly," and that it was his intention to rob the Oratory that night at 1 o'clock—(I was then working at Lord Howard's, at Rutland Gate)—I said that he was going to do a very wrong thing—he said that he did not care—he went down Hill-street, and I immediately went to the Oratory, and gave information.
Prisoner. He has been committed for twelve months. Witness. I will not deny that I was in prison—it is about five years ago, for stealing, but I did not steal, it was the person who was with me—I got twelve months, and he had seven years—that is the only time I have been in prison—I am twenty-one years old.
Prisoner. What he has stated is quite wrong; he told Anderson to get the silver. Witness. I know that there is such a person as Anderson, but I did not tell him to get the silver—I did not speak to him about this matter—he was with the prisoner when he said that he was going to rob the Oratory—I work at the Oratory now, half a day, in the morning, and half a day at Lord Howard's—the prisoner got the place, and I got into Lord Howard's—the prisoner was not working at the Oratory when this happened—I gave information to Father Balston about half-past 1 o'clock in the afternoon.
THE REV. FRANCIS BALSTON . I am one of the priests of the Oratory, and reside there. There are three boxes kept at the church, fastened against the wall—two are for the congregation to put in their offerings, and the other is the poor box—on 4th Dec. I saw some marks on the wall of the refectory, which is part of the dwelling house, and in the course of the morning I found half a button on the ground underneath the window
inside, which I gave to the constable—there is a communication from the refectory to the church by going down the corridor into the narrow corridor, which leads into the church—the boxes were fastened to the wall by screws, which were not fixed very tightly in—I do not know what they contained—the last witness gave me information, but later than he says—it was about half past 3 o'clock, I think—I scarcely believed that what he said was likely to happen, but mentioned it to some of the other Fathers, and we had a man in the house to watch that night, named Nolan—he is not here—he was placed in the corridor—I gave information to Munser, the porter.
GEORGE BAUGUST . I am a gardener, of No. 1, Chapel-place, near the Oratory. I occasionally work in Brompton churchyard—I went to work there on 4th Dec., at about 10 minutes past 9 o'clock; part of it is cultivated as a kitchen garden—I found some alms boxes there, which I thought were from the parish church, but did not touch them; I only went within four or five yards of them—I went in a state of consternation to the church, then returned, took one of them up, saw the inscription on it, and knew where it belonged to—about ten minutes afterwards I went to the Oratory, and found one of the Fathers and a constable—I took the constable to the boxes, and he took charge of them.
JAMES ROGERS (policeman, B 9). From information I received on 4th Dec., I examined the Oratory, about a quarter past 9 o'clock, and found footmarks in Brompton churchyard, leading to the wall, dividing it from the Oratory—I went over the wall, and found footmarks in continuation that led close to a wall near the refectory window, which is about twelve feet from the ground; it was shut, but was not fastened when I saw it, and persons could easily get in—I found the prisoner at the station, in custody for another affair—this half button (produced) I received from Father Balston, and this other half of it I found in the prisoner's trowsers—it is a bone button, the two pieces exactly correspond and form one button—I found one of these screws (produced) on the wall, between the churchyard and the premises, and these other three by the side of the boxes in the churchyard—I cannot tell which of them was on the wall—Baugust pointed out these boxes to me (produced), and I assisted in taking them away.
HENRY HILL (policeman, B 176). On 4th Dec., about 10 o'clock in the morning, I apprehended the prisoner at a pawnbroker's shop in Drury-lane, that is upwards of two miles from the Oratory—I told him he was charged with a robbery at the Oratory—he said that he did not know where the Oratory was—I searched him in the shop, and took 1s. 7d. in copper from his coat pocket—I had about two miles to take him to the station, when there I searched him, and found on him a half sovereign, six half crowns, three florins, twenty-two shillings, thirty-six sixpences, eighteen fourpenny pieces, and eleven threepenny pieces, 4l. 1s. 4d. altogether.
Prisoner. Q. Did not I say that I did not know anything of the charge, or of the robbery? A. Of the robbery; and when I asked you at Brompion if you knew where you were, you said, "No," but that you came that way once to the baths.
J. J. MUNSER re-examined. I know these boxes by marks on them, they are the property of the Rev. Mr. Faber.
(The prisoners statement before the Magistrate was here read, as follows: "I met John Anderson; he asked me where I was going; I said, 'To look for work,' and we went and met the witness Bryant; we asked how he got on; he said, 'Very well;' Anderson said he was going to get
into the Oratory; Bryant said, 'If you do get in, do something that is worth taking;' he said, 'I was going to do it, I will get one or two hundred;' I said, 'It is very easy to talk to a chap like that,' and Bryant recommended taking the silver; Anderson said,' We should not he able to sell that;' Bryant said, 'If you cannot have it, I suppose you must have the money, and I will meet you this afternoon at half past 4 o'clock; 'I did not meet them; I saw Anderson next morning, and he showed me the money; I asked where he got it from; he said, 'The Oratory;' I said, 'I know I and Bryant shall get blamed for it,' and he gave me the money.")
COURT to REV. F. BALSTON. Q. Do you remember the prisoner being employed at the Oratory? A. Yes; he was not employed in the garden, but in the house—he came about the middle of Jan., and stayed till the middle of Nov.—he had work to do in the refectory at times,
Prisoner's Defence. The button was off I believe before I left the Oratory; the piece which the policeman matched has been off just upon three months; my mother can tell you that I was in at 10 o'clock on the night this was done.
(The prisoner was farther charged with having been before convicted.)
JOSEPH SELBY (policeman, F 137). I produce a certificate—(Read: John Dillon, convicted, at Westminster, Aug., 1853, of stealing a watch; Confined four months)—I was present—the prisoner is the person.
GUILTY.** Aged 17.— Confined Twelve Months .
NEW COURT—Monday, December 17th, 1855.
PRESENT—Sir ROBERT WALTER GARDEN, Knt., Ald.; and RUSSELL
Before Russell Gurney, Esq., and the Fifth Jury.
93. WILLIAM BROOK WILD , stealing, on 20th Aug., 48 silk handkerchiefe, value 6l.; on 24th Aug., 2 scarfs, and other goods, value 4l.; and on 3rd Oct., 15 scarfs, value 8l.; the goods of Bernard Smith and others, his masters: to which he.
PLEADED GUILTY . Aged 37.—(The prisoner received a good character.)— Confined Nine Months .
MR. PARRY conducted the Prosecution.
ARTHUR BALLANTINE . I am in partnership with Mr. Reed; we are stock brokers, in Austin-friars. The prisoner was in our service—he left us about the beginning of Dec, 1854—I dismissed him, for misappropriating a cheque for 30s.—I did not give him into custody—about a fortnight after that, I discovered that he had misappropriated 4l. 8s. 2d.—I spoke to a policeman, and went to Moor-lane, and stated the case, and also to Hampstead, and stated the case there, he living there at that time—I did not see him again till he was apprehended—this is the cheque—it is signed by my partner—it was brought to me by the prisoner, who asked me to mark it for cash, as Mr. Fisher had no banker—I did so, and returned it to him—it was his duty to hand it to Mr. Fisher—I have since paid Mr. Fisher that 4l. 8s. 2d., probably within a month—on 28th Oct., here is a sum entered
of 3l. 9s. 11d.,. which the prisoner was to pay to Mr. Everett, and he has not paid it—I know the prisoner had it—it is in his writing—he has charged me with the payment of it, and I have had to pay it again—these two trams were discovered after I had dismissed him—I discovered his address at the Eastern Counties Railway—he had given his address there, and I instructed the police to take him on the Friday before the last Session at this Court.
Cross-examined by MR. ROBINSON. Q. I believe the Committee were sitting at the Eastern Counties Railway? A. Yes—I gave instruction at Vine-street station, and to Cole—I did not give instruction to Cole to go to the Eastern Counties, and wait—I did not give instruction to Few—this entry is in the prisoner's handwriting—he was in the habit of getting sums from me to pay various accounts—this was one he would have to pay—I should say he had been with me three or four years—I do not know his age—here are my initials on this cheque—Mr. Reed is not here—I think he has been my partner three years—Mr. Waddington and Mr. Bond have been clients of mine during the whole of the time the prisoner was in my service—here is the cheque for 30s.—I have not charged this in the indictment—I dismissed the prisoner in Dec.—I have never spoken to him about these two items—I have never seen him since I detected these two items—I have never spoken to him with regard to Everett's and Fisher's moneys—I gave information to the police immediately, to a man named Few—I gave information at Hampstead to the inspector, who was there—I do not know his name—I gave orders to apprehend him at Hampstead, and to Few—I gave orders at the Vine-street station only lately—I went there last Friday fortnight, when he was apprehended—I knew he lived at Hampstead, which was why I went there in the first instance—I never got any warrant to apprehend him—my reason for not prosecuting him before is, I have not found him—I have been determined all along to prosecute him the moment I could get him.
Q. Do you recollect sending to his father subsequently to this? A. I will not swear that it was not after this—his father called on me, and I had some conversation with him—I think I sent for his father, but to the best of my recollection it was on two other charges—my impression is that it was before I discovered these two items, and with reference to some others, but I will not swear it—I heard that the prisoner had been at Mason's Hall.
Q. Will you swear that you have not seen the father, and spoken to a gentleman of the name of Kemp, and asked him how he could treat a man there who had robbed you of these sums? A. My impression is, that I have not seen Mr. Kemp since I have heard the prisoner was at that dinner—I do not think I have—my impression is, that I heard he had been about Basinghall-street some mouths after this—I do not know that some relation of mine was presiding at that dinner—I do not know that my own father in law presided—I never heard so—I heard that the prisoner had been at some place there—we have had a great many dealings with Mr. Bond.
Q. Were those transactions closed in 1854 or 1853, by. his paying you a large sum of money? A. I cannot tell how it was settled—the account between us was settled—I have not since made a large demand on Mr. Bond for mining shares—there has been a question with regard to mining shares, involving about 180l.—those are the shares paid for by him, and by his order, put in this young man's name, put
in the name of our clerk—Mr. Bond denies that he gave us authority to buy them, and to use any other person's name—I do not know that there has been constantly applications made to the prisoner for payment of calls—I should think, in the ordinary course of business, he would be called on for calls if they knew his address—when I gave information, I do not know what address I gave—probably it would be our own office—I do not know that the address was given at his own private residence—he might probably write the name out himself upon which the shares were given—it would probably not be necessarily known to me at all—I have bought no more shares in his name that I remember—I have some recollection that some years ago a Mr. Smith asked me to put some shares in his name, but what they were I quite forget—it was done for a gentleman that asked me to do it—I believe some shares were put in his name three or four years ago.
Q. I believe you give some evidence before the Eastern Counties Committee? A. gave a repetition of some statement, you cannot call it evidence—I heard Mr. Reed examined, and Mr. Whitehorn's name was mentioned—I heard that they called for me to give my evidence, and I said I was at Guildhall, prosecuting this young man—I did not know at that time that he had been summoned to give evidence before the committee—I know his name was mentioned before the committee on the same Friday that we have talked of—I inquired of the chairman the prisoner's address, and he gave it me, and I immediately put it into the hands of the police.
Q. Did you hear it stated, or did you say yourself, that this young man was very frequently in the matter between you and Mr. Waddingten? A. That was in Mr. Reed's evidence, I believe—I stated that what Mr. Reed said was true—I mean to swear I have not seen the prisoner since I dismissed him.
MR. PARRY. Q. Did Mr. Bond state one set of things, and did you and your partner deny it? A. Yes—it is not the general practice for shares to be purchased by clients in the name of other persons—it does occur sometimes—they were bought for Mr. Bond, and by his wish put in the prisoner's name—at the time they were bought he was a client of our house—we had had transactions with him—the prisoner would not, in consequence of that, have any right to appropriate to himself this 4l. odd and this 3l. odd—I dismissed him about a 30s. cheque—he did not then make any complaint to me about those mining shares, not a word—he did not make any allegation that these mining shares entitled him to take my property.
COURT. Q. Did he give this account in this book as moneys he professed to have expended? A. Yes.
JOSEPH FISHER . I am a stationer. Messrs. Ballantine and Reed dealt with me—they owed me an account of 4l. 8s. 2d.—the prisoner never paid me that sum—I have been subsequently paid by Messrs. Ballantine and Reed.
Cross-examined. Q. When was that? A. Last April—I have no partner—I have a young man an assistant.
MR. FISHER re-examined, I never paid this cheque in—it was never
in my hand—I never had any communication with the prisoner about being paid in cash.
Cross-examined. Q. Had he paid you money before? A. Yes, on former occasions he has paid me the accounts—I cannot remember whether he paid me by cheques—I have no bankers.
MR. ROBINSON to ARTHUR BALLANTINE. Q. You say he was dismissed on the 8th Dec in consequence of that 30s.? A. Yes, about the 8th—I know that 30s. was returned—I do not know that the prisoner was walking home with Mr. Reed, and that he reminded Mr. Reed of that thing, and paid it him—I know the 30s. was returned to the firm—Mr. Reed is not here.
Cross-examined. Q. What was found on him?A. 14s. 9d., and a pocket book, a bunch of keys, and three or four blank papers—I did not see any letter from the Eastern Counties, requiring him to be there to give evidence—I was not at the Eastern Counties Railway—Few had to do with apprehending him, as well as myself—I have not seen Few here—I have seen the prisoner before—I cannot say how many times I had seen him, a dozen times—I might have seen him three times.
MR. PARRY. Q. When did you receive orders to apprehend him? A. On Friday evening last—before that I did not know that there were orders to apprehend him.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy by the Jury .—Confined
Six Months .
PLEADED GUILTY . Aged 21.— Confined Three Months .
WATSON— PLEADED GUILTY . Aged 40.
SHEEN— PLEADED GUILTY . Aged 23.
Confined Twelve Months .
PLEADED GUILTY. Aged 18.—Recommended to mercy by the Prosecutor .— Confined Twelve Months .
Before Russell Gurney, Esq., and the Sixth Jury.
JOSEPH DEEBLE (policeman, H 195). On the afternoon of 3rd Dec I was on duty on Tower-hill—I saw the prisoner and another in company—I saw the prisoner for a quarter of an hour—he put his hand into several gentlemen's pockets—I saw him go to the prosecutor, put his hand in his pocket, and take this handkerchief out—I took him into custody with it.
GUILTY .**— Confined Twelve Months .
JOHN HENRY KEMPSTER BOND . I am a master block maker, and live in limehouse. I have a mast yard there—it is ended on one side by the river, it has a frontage of about thirty feet, which is formed by shutters which are open by day, and shut down at night—there is no other entrance to the yard, only from the street, which is secured by bolts—my dwelling house is over the yard—the yard is the ground floor of my house; I go up stairs from the ground floor—under my room there is a counting house which is approached by stairs out of the yard or ground floor—the door of the counting house was not kept locked—if a person got into the ground floor, they could get to that counting house—on Friday, 16th Nov., I went over my premises a little after 10 o'clock at night—they were all safe—we went to bed at a quarter past 11 o'clock—we heard a noise at a little after 12 o'clock, like one of the shutters falling down, and my dog made a great noise and barked—I lay and listened, and heard another noise—I got out of bed, and looked out of the window—I could not see anything—I went to bed again—I concluded that the noise I heard was at the Salt wharf adjoining—I went to sleep and heard no more about it till the morning—directly the men were let in I came down between 7 and 8 o'clock—I found the door open at the bottom of the stairs, and in the counting house the desk was broken open, and the things all strewed about—I missed the roller comb, and brass roller, and other things; a dress coat, and a pistol which I had never seen—it had been in this case—it was sent to me by the captain of a ship—the case had been locked—I found it forced open, and nothing in it.
GEORGE THOMAS BARLOW . I am: apprentice to the prosecutor, and sleep there. On the morning of 17th Nov. I got up at a quarter before 7 o'clock—I came down, and found the door was broken open, at the bottom of the stairs—I gave information to my master—I went into the yard, and saw the bottom place which leads to the water had been forced open—I found about eighty-one roller corns in front of the wharf, about three yards from the premises, and a few copper nails.
THOMAS ALLWOOD (policeman, K 422). On the morning of 17th Nov. I was on duty about half a mile distant from the prosecutor's premises, about 10 minutes past 6 o'clock, and saw the prisoners and another man cross Salmon-lane at a very quick walk—I thought they had something wrong, and went another way and met them at the corner of Wilson-street—Sherman was carrying this bag, which was weighty—I said, "What is this you have got here?"—he said; "Go to——y"—I said, "If that is the answer you give me, you and me will go to the station, if you hare no objection"—he said to the other two, "Come here, you b——rs"—they closed on me—I fell down, and got kicked several times—I was compelled to let go my hold of Sherman's jacket—I grasped his arm as long as I could, till the hold I had broke away—they all ran away—here is the piece of his jacket that I had in my hand which tore from the jacket when he got away—I ran after them into York-square, where I lost sight of them—I returned to the bag, and found in it a quantity of brass rollers, and brass cap facings—this was on Saturday mornings—on the following Tuesday, about half past 8 o'clock, I was in company with my inspector, and Mr. Thomas, very near White Horse-gate—I saw the two prisoners passing round by the public house—I ran down by the side of the cabs and laid hold of Sherman
—I said, "You are the man I want"—he said to Mr. Thomas, who was with me, "What is it for?"—Mr. Thomas told him he was charged with breaking into these premises—he said he knew nothing about it—Dunmore went to a ham and beef shop and was taken by Potter, K 212—when I took Sherman he had this jacket on, and the piece that I had fits the place exactly where it has been torn out.
Sherman. I was paid off at Liverpool; I never saw this man.
MARY BOYALL . I am the wife of Charles Boyall—Dunmore lodged in our house, and was there and in bed, and Sherman was on the bed, at 12 o'clock at noon on Saturday, 17th Nov.—I went into their room that afternoon—I heard Dunmore's wife ask Sherman how much money he had got—he said 15s., and a new pair of boots—I never heard Dunmore speak.
ESTHER BOYALL . I am the mother of the last witness—Dunmore lodged in our house. On Friday, 16th Nov., he took the key of my door in the afternoon, and went out—he returned the next morning between 10 and 11 o'clock—I said to him, "Mr. Smith," which is the name he went by at my house, "your wife is not at home"—he said, "Then she is out"—on that Saturday afternoon his wife called my daughter in.
RALPH THOMAS (Thames police inspector). I took Sherman—I found on him a pocket knife, which I have compared with the marks on the door leading to the prosecutor's private apartments—the marks of it are on the door, near the latch—the door appears to have been partly opened with this knife, and another instrument has been used to break the bolts off.
Sherman. He took this knife from me, and took my pocket book, and my character where I was discharged from a ship.
Witness. This is his character he was discharged on 12th Oct., with a good character.
Dunmore's Defence. I know nothing about it; I was in bed, at home, and asleep.
SHERMAN— GUILTY , † Aged 21.
DUNMORE— GUILTY , † Aged 21.
Confined Twelve Months .
OLD COURT—Tuesday, December 18th, 1855.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald; Mr. RECORDER; and Mr. Ald. CARTER.
Before Mr. Recorder and the Third Jury.
PLEADED GUILTY . Aged 45.— Confined Four Months .
PLEADED GUILTY . Aged 27.— Confined Twelve Months .
102. SAMUEL SHERVILL and JAMES GROVES were indicted (together with Michael James Newsham, who was not in custody) for unlawfully conspiring to give false evidence, with intent to deceive, and to prevent the due course of justice.
MESSRS. BALLANTINE and POLAND conducted the Prosecution.
CHARLES ALLEN . I am deputy clerk of the peace for Westminster. Oh Thursday, 13th Sept. last, I was at the adjourned Sessions for Middlesex, holden at Westminster—Mr. Bodkin presided on that occasion—a person, named William Lee was tried—I produce a certificate of the conviction, and also the original indictment found by the Grand Jury—(the indictment was for stealing a pocket book, 1152., and a cheque for 122. 1s., of William Horwell, from his person; and the certificate staled the conviction of the said William Lee, upon his own confession of the said offence, and thai he was sentenced to six years penal servitude) when Lee was arraigned he, in the first instance, pleaded not guilty; that plea was afterwards withdrawn, and he pleaded guilty—here is an entry in the indictment, which means not guilty, and retracts, for retracts and confesses—while that plea of guilty was upon the record, an application was made by counsel on Lee's behalf, that certain property found on his person should be given up to one of his relatives—as an inducement, I presume, to the Court to give that request a favourable consideration, Mr. Parry, who was his counsel, stated that he was in a position to show that Lee had borne an irreproachable character, and that this was his first offence—the Judge said that as the prisoner had pleaded guilty, of course he could not entertain the application of giving up any portion of property—then for the purpose of enabling the Judge to inquire into the circumstances, the prisoner was directed to withdraw his plea of guilty, and the plea then remained as it originally stood—it was expressly understood that that was only for the purpose of enabling the Court to inquire into the merits of the case as to whether the property was any portion of the robbery—witnesses to character were then called and examined—the first witness was Michael James Newsham—he was sworn and examined—Samuel Shervill was then called, sworn, and examined—he stated that he had known Lee for about seven years, that he had known him at No. 10, Lucas-street, Commercial-road; that he had had repeated transactions with him, business transactions—when asked what Lee was, he said that he was a general dealer, and that he (Shervill) was a silk and shawl dresser, living at New Inn-yard, Shoreditch.
MR. METCALFE. Q. Are you giving this evidence from recollection? A. Certainly, so far—I made no entry of it—I have looked at Mr. Bodkin's notes since, and have spoken to him about it—so far as I have gone, I speak from my own recollection.
MR. POLAND. Q. What other evidence did Shervill give? A. He was reminded by the Judge that he had given a different address, as that of the prisoner Lee, to that which Newsham had given, and he then stated that he had also known him at No. 3, Lee-street, Dalston—he said that Lee had always borne, during the time he had known him, an irreproachable character, and that he had dressed shawls and silks for Lee—he was examined by Mr. Bodkin as to the extent of his knowledge and his acquaintance with him—Groves was next called—he was also sworn and examined—they were examined in each other's hearing—I am not quite sure about that—they were examined one after the other—he stated that he himself was a tailor, living at Forest-road, Dalston, and that he had known Lee some years, and had had business transactions with him, and that he was a general dealer—I believe he stated that he lived at No. 3, Lee-street, Dalston—I am not quite satisfied as to which of the two addresses he himself gave—he stated that he had known him either at No. 10, Lucas-street, Commercial road, or at No. 3, Lee-street, Dalston,
but which of the two I am not sure—I am almost satisfied that he said No. 3, Lee-street, Dalston, and that he had known him there for the last two or three years—Shervill was then recalled, and asked the question at which place he had known him last, and he confirmed the evidence of Groves—I am sure he mentioned the same place that Groves had stated—I am perfectly satisfied of that, and I believe it was Lee-street—Groves also gave Lee an exemplary character—we have no short hand writer to our Court—there are reporters attending, but no official short hand writer—I remember the evidence that Newsham gave—(MR. POLAND proposed to give in evidence what Newsham had stated; MR. SLEIGH objected, and the RECORDER was of opinion it could not be received, there being no connection shown between the parties)—after this evidence the sentence upon Lee was postponed until the following Saturday, the 15th—in the meantime inquiries were made by an officer of the Courts—on the Saturday the prisoner was sentenced to six years penal servitude—I was then directed to make inquiries—I went to Lee-street, Dalston, Kingsland-road—I could only find one street of that name—I made inquiries of the tax collectors and the different parish authorities—I made ail the inquiries I could—I also went to No. 10, Lucas-street, Commercial-road—I did not find more than one Lucas-street—I called there about 23rd Sept.—I saw Mrs. Sanderson at No. 10, Lucas-street—from the communication I had with her, I took her to Groves in Forest-road, Dalston; the address given by him—we saw him there—I told him that I had been directed by the Court of Quarter Sessions to make inquiries into the truth of the evidence given by him, and I asked him if he was one of the persons who had called on Mrs. Sanderson, at No. 10, Lucas-street—he said he was not—Mrs. Sanderson was with me and in his view when he said that—we went into his shop or parlour—we were all three in the same room—I told him that the inquiries that had been made showed that the addresses given by him and the other witnesses, as the address of Lee, were not correct—by him, Shervill, and Newsham—I mentioned Newsham's name—I asked him what he had known of Lee—he said that all he knew of Lee was, that he had made clothes for him—when I told him that the addresses given were not correct, he made some general remark of his having spoken the truth as far as he knew—I cannot recollect in the least the words he said, but he certainly made some remark that the evidence he had given was truthful evidence as far as he knew—when he stated that he had made clothes for him, I said, "Well, then, of course you knew where he lived, for you must have sent them home"—he said, "No, I don't know where he lived, for he always took them away with him"—I reminded him that he had given a positive address at all events, and he made no reply to that—I asked him if he knew Shervill and Newsham, the other two witnesses—he said, "No," but that after the trial was over he accompanied Shervill and Newsham to the Crystal Palace—I told him that further inquiries would be made into the matter—that is all that I recollect his saying—I accompanied the officers to Shervili's the same day, but I did not see him that day—I made several applications at his house, but did not see him till some fortnight afterwards—that was at the same place—when I saw him, I did not recognise him—I said that I wanted to see Samuel Shervill—he said, "I am he," or "That is my name"—I said, "Then are you the Samuel Shervill that gave evidence on behalf of William Lee?" and he admitted to me that he was the man, and we had some conversation about it afterwards, so S of course I have no hesitation in recognising him now—I do not know how
far my being positive of the fact now, has any bias upon my recollection—there is no alteration in him, only the day I taw him his hair looked exceedingly grey—I do not think there had been any effort made to change his appearance, I thought so at the time—he having told, me that he was the person that gave evidence on 13th Sept., I stated that the inquiries that had been made, had proved that the evidence he had given was not true—he stated that the evidence he had given wag true—I told him that 1 had been instructed to take proceedings against him—I had previously obtained a warrant for his apprehension, and had an officer with me—there was a large quantity of silk on the loom, and he requested that he might be allowed to put that in proper order before, he was taken away, that it might not be spoiled—I think it was silk being dyed, not on the, loom, but on the dresser—while he was removing it, we talked about his knowledge of Lee—he stated that it was very hard that a man's liberty should be invaded in that way when he had only spoken the truth, and he told me that he had had business with Lee seven years previously, and no doubt his books would show his name, that he knew nothing move of him but that Lee's sister had called on him some few days before the trial, and asked him to give him-a character—I said, "If you have not seen him for the last seven years, they might have found some person that might have given better evidence as to character"—he did not give any direct answer to that—he said he had seen him but once, and that was seven years ago—what I took down was this, be only had business with him once, and that was seven years ago, and no doubt Lee's name would appear on his books—he was then taken into custody.
Cross-examined by MR. METCALFE. Q. Was, this trial of Lee's at the commencement of the Session? A. No—I am perfectly satisfied of that, because the prisoner's attorney made several applications to me to expedite the case—I think there had been several trials before it—there is frequently a good deal of confusion in Court—this was on the first day of the Sessions—it is my duty to call over the Juries and arraign the prisoners, send I have a good deal of minutiae to attend to—I do not take a note of what occurs in Court—I took none on this occasion, except to enter the please in the Court book—I do not know whether the Court was full on this occasion—I do not know that there was more confusion than ordinary—Mr. Serjeant Adams is the assistant Judge—Mr. Bodkin was presiding for him on this occasion—I believe Mr. Witham was in the other Court, but I am not sure—Mr. Bodkin's deputation is here—after Lee had been sentenced, I was instructed to make inquiries, and to report to the Court the result—there are policemen attached to the Court—there are always policeman in attendance, and an inspector—I do not consider that I was acting here as a policeman—I acted as the solicitor for the Court, not as the Clerk of the Peace—I warned each of these persons beforehand of the nature of the inquiry I was making—neither of them had an attorney present—I told each of them that proceedings were or had been taken in consequence of what they had done, so they were perfectly on their guard—I said so to Sherrill; notwithstanding which, he admitted that he was the person that had done it—I did not consult Mr. Bodkin's notes for the purpose of refreshing my memory—I went to speak to Mr. Bodkin on the subject, to obtain his advice as to whether there was any necessity for calling him to prove the facts of the case—he was not acting as. counsel for the prosecution in any way, but he directed me to make inquiry; and report to him the result, and I did so—he then wished to look at his notes, to see how far my report was consistent or inconsistent
with them, and I brought him his notes, and he perused them in my heating and presence—he read them over—it was only upon one point that my recollection required any refreshing, and that was, at which of the two residences Grove said he had known Lee—when this matter first commended I was attending to other business—Sherrill stated that he had known him in Lee-street last—that is my impression—my recollection is, that he said he had known him originally in Lucas-street, and ultimately in Lee-street—I can only pledge my oath to my recollection—it is possible that he might have said he knew him first in Lee-street, but my recollection leads me the other way—he did not say that Lee came to him to dress silks for him—he said he had dressed silks for him—he was examined by the Court as to these facts—something was said about Lee's sister.
Cross-examined by MR. SLEIGH. Q. Did you go to Grove's house on one or two occasions? A. Only once, and on that occasion I took Mrs. Sanderson there in a cab—I left her in the cab at first—the place where I went to, to see Grove, was at the address which he had given at the Court—when I asked him whether he was the person that had given Lee a character, I believe he at once said he was—when I told him I had been ordered to institute inquiries as to the truth of that evidence, he said that the evidence he had given was the truth, so far as he knew—the result of what he said was, that all he knew of Lee was that he had made clothes for him, and that Lee had always taken those clothes away with him—I do not remember his saying anything about some person having called upon him, and asked him to give Lee a character—I did not say to Groves that I had heard that an application had been made to the Home Secretary to commute Lee's sentence—I have no doubt that Groves did say, "I went to give him a character, because I had been requested by some person who called upon me"—I do not think I brought in Mrs. Sanderson after this conversation—my object at first was to recognize Groves—the moment I recognized him, I returned to the cab, and got Mrs. Sanderson to see whether she recognized him, so that whatever was said was in her presence—I do not recollect asking him whether he was the person that had given the character, because I recollected him instantly—Mrs. Sanderson said she did not think he was one of the two men that had come to her house—I said to her, "Have you ever seen this man before?" and she said, "I don't think I have."
WILLIAM HENRY BODKIN , Esq. I was acting as Judge at the Clerken-well Sessions at Westminster for Mr. Serjeant Adams when a person named Lee was tried (looking at the notes)—some witnesses were examined as to Lee's character; the first of whom gave his name as Michael James New sham, the second was Samuel Sherrill—I do not recollect the face of the man—I took a short note of his evidence, which enables me to give the substance of his testimony—he stated that he was a jeweler, and knew the prisoner at New Orleans; he had described himself as living at New Inn-yard, Shore ditch, and was a silk dresser and dyer; that he had known the prisoner six or seven years; that he, the prisoner, had been in the habit of bringing shawls from the dyer's in the way of his business, and lived at No. 3, Lee-street, Kingsland-road, and that he also knew him living at Lucas-street, No. 10, he thought, and that he was a man of good character—when he said that he knew him living in Lee-street: Lucas-street having been previously spoken of, I asked him if he knew him in Lucas-street, and he said, "Yes," he thought he knew him at No. 10.
COURT. Q. Did he know that the other witnesses had said it? A. I think they were all in Court.
MR. BALLANTINE. Q. Was Groves called? A. Yes, he described himself
as a tailor, living at No. 18, Forest-road, Dalton—he said that he had known the prisoner for a long time, and always knew him to bear an honest character, and that he supplied him with clothes in the way of his trade—I put the same question to him probably with the same object, about Lucas-street, and he said that he had never been to Lucas-street.
COURT. Q. Did he give any address? A. I have had no note of any address, and I have no recollection one way or other, but I think if he had said any other address than I had entered before, I should have entered it.
MR. BALLANTINE. Q. You do not assert one way or the other? A. No—I directed inquiries to be made, and on a report being made, I directed that the matter should be laid before the Magistrates, that they might exercise their own discretion.
Cross-examined by MR. METCALFE. Q. Do you remember whether Shervill said that he had worked for this man as a silk drawer at the time he was living in Lee-street? A. I think he was speaking of his then residence—there is nothing that enables me to say one way or other, but it was upon that that I asked him about Lucas-street; the other witnesses having spoken of his having lived there—my impression is, that he was asked about living in Lucas-street some time before, and drawing silk for him in Lucas-street, but I will not pledge myself—I think he said that Lee-street was his present residence, and on my pressing him he said so—I do not think I did call his attention to the other witnesses having stated it, but I knew what the other witnesses had stated—I do not think there was more confusion than usual—I took the whole notes at the time the witnesses were speaking, I did not fill them up afterwards—the sentence was subsequently written, of course, I think it was on the Saturday afterwards when we had the report from the officer.
Gross-examined by MR. SLEIGH. Q. When Groves said that he had supplied this man with clothes, and had never been to Lucas-street, did not he add, "All I know of him is as a customer?" A. I am not sure that he did not, bow you mention it—he professed hit knowledge to be founded upon his supplying him with clothes.
MR. BALLANTINE. Q. You take witnesses to character very shortly? A. Yes, beyond what the notes bring to my mind, I do not recollect accurately all that passed—Mr. Allen was sitting as the officer in Court—I am not even now able to pledge myself as to what the observation exactly was—inquiry was made, and in consequence of that the sentence was passed.
MR. METCALFE to MR. ALLEN. Q. Did you find that Sherrill had been living at New Inn-yard for any time? A. Yes, for some years, carrying on a respectable business.
(The COURT considered that it rather appeared from the evidence, that the defendant did not give the address in Lucas-street; upon which MR. BALLANTINE withdrew from the prosecution.)
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
MART SANDERSON . I live at No. 10, Lucas-street, Commercial-road, and have lived there ten years; my husband is a painter. No person named William Lee has lodged at our house, nor do I know any such person—the prisoner, to the best of my belief, is one of two gentlemen who called upon me, but I would not swear to it positively.
(MR. BALANCHINE here stated, that as the proof was not so strong as he thought the Jury would act upon, he, would withdraw from the prosecution.)
NOT GUILTY .
NOT GUILTY .
JOHN MAHONEY . I am a laborer, and live at West Drayton. On Saturday evening, 1st Dec., I was with the prisoner, walking along the road from my lodging at Drayton—we met Patrick Welch—we are all Irishmen—Welch came across and asked Bennett what was he laying to his charge—Bennett said he was not saying anything at all to him, he was only excusing himself—Welch said that he had been saying that he had slept with a. girl, and he had no right to say such a thing—I knew what girl he meant—Welch said that Bennett was no stake for him, or he would give him a good thrashing—I told Welch to leave him alone—they had a few words, and then Welch struck him, and felled him—it was dark—they were going on for a little bit, and I put out my hand to separate them, and got my hand out—I did not see the knife—on being wounded, I ran home to my lodging—it was Welch that began the row.
PATRICK WELCH . I am a laborer, at West Drayton. I met Mahoney and Bennett on this Saturday night—I said to Bennett, "What is it that you have been laying to my charge?"—be said, "Nothing"—I said "Yes, You have, you are only a boy or else I would have it out of you"—he said, "Perhaps it would not thrive with you"—meaning, perhaps, I should come off the worst, and I did—I Said, "You are the first that ever called me a blackguard"—he said, "Well, d—n it, did not you sleep with a girl then?"—I took up my hand and struck him, and then Mahoney made in to catch hold of Bennett, and directly he did so, away he ran as fast as he could—I did not know what was the matter with him—he was scarcely gone a minute when I found that I was bleeding in the belly, and the blood was running down my trousers and shirt—I said, "I think you have got a knife, because I am cut somewhere all through"—I caught hold of him firmly, and kept his arm from working as well as I could, and took him across the road, to Mahoney's lodging, and while I was kicking at the door for some one to come to my assistance, he kept working away again, and out me in two or three places in the head, the left arm, and the back—I did not see or feel the knife, but I found afterwards that I was cut—I took him into the house, and said to Kyle, the landlord. "Take this fellow"—I went upstairs with a candle, and examined myself, and found I was wounded, and directly went to a doctor.
JOHN KYLE . I remember Patrick Welch coming into my house with Bennett, between 6 and 7 o'clock, I think—Welch said that the chap had struck him with a knife—I examined him, found his shirt full of blood, and a cut on his belly—I went for a doctor.
JOHN PYM . I am a grocer, of West Drayton—On Saturday night, 1st Dec, about 7 o'clock, Bennett came and said that he wanted to buy a cap—I said, "You seem in a hurry, my lad?"—he said, "Yes, I do, I have been in a row down in this village"—I said, "I see you have been in a row, you will have a black eye"—he chose a cap and put it on; as he was going out my wife said, "I would not go near it any more, my man"—he said,
"No, I will not, I have wounded two or three of them"—I asked him who it was, be said that one was Patsey Welch.
HENRY HILLER . I am a surgeon, of West Dray ton. Welch was brought to my surgery on 1st Dec., and I found a scalp wound behind Ms left ear another on his back, on the left side of the spine, a deep wound, and one on the left side of the abdomen, producing the rupture of an artery, but which I believe had not entered the abdomen; they were all bleeding, the latter one excessively, which was the most dangerous, from external and internal hemorrhage—I attended him till the day before yesterday—I think a pen knife would produce the wounds—he was in danger from the hemorrhage.
THOMAS BRAND (policeman). I was sent for on this sight, but could not find the prisoner—I found him next morning at a fresh lodging which he had gone to, and told him he was charged with stabbing Patrick Welch—he said that he should not have done it if he had not struck him first—I told him I wanted his knife, he said that he had lost it in the row—as I took him down the village, he pointed out the place where the row began, and said that he was eating some victuals with a knife at the time he met Welch; that he knew he cut Mahoney, for he sow his hand afterwards, and that he was not aware he had cut Welch.
Prisoner. I did not state anything about the knife. Witness. I am quite certain that you did—I searched you directly I took you, but found no knife—it Was half past 7 o'clock in the morning when you were brought to me, and I got oat of bed—you appeared to come voluntarily, the other one told you that it would be best for you.
Prisoner's Deface. He collared me by the handkerchief, and eat me in the neck and on my eye.
GUILTY of unlawfully wounding . Aged 17.— Confined Four Months .
MR. CARMEN conducted the Prosecution.
MARTHA PAINTER . I am the wife of John Painter, a soldier, of No. 12; Grey coat-street, Westminster On 21st Nov., about half past 8 o'clock, I and Catherine Clarkson were going down Victoria-street, Westminster, and I observed the prisoners behind us—I am sure of them—my friend said that she had no money—I said that I had half a sovereign, which I would change and lend her some—I put it into my mouth from my hand as I was putting my gloves on, and I heard one of the prisoners, the little one, say, "Give her the foot," and directly the big one ran his head into her breast, and she fell—I do not know whether he did anything with his foot—he knocked me on the side of the head and knocked me down, and the little one kicked me on the hip when I was down—I screamed "Police!" and "Murder!"—they felt my pockets, but I had nothing there but a key, and 1d—I have been lame ever since, but cannot tell whether from the fell or the blow.
Crops-examined by MR. METCALFE. Q. Where were you coming from? A. From my home; we were going to meet our husbands—we had come up Strut ton-ground, and were half way down Victoria-street—I had been washing for my children—my friend lives at No. 10, Co burg-road, Westmister, not far from me—she had not been at my house, I met her in the street and we made up our minds to go and meet our husbands—we went
into no public house—I had had nothing to drink but my tea—I had had nothing but two half pints of porter that day—I do not drink spirits, and was never in liquor in my life—neither of the prisoners tried to put his arm round the neck of either of us, nor did either of us try to slap the face of either of them—the head was not put there with a view to kiss one of us, nor did we tumble down because we had been drinking—I was screaming, "Murder!" and "Police!" with the money in my mouth, and will do it now to satisfy you if you will give me half a sovereign—I would not tell an untruth.
COURT. Q. Had you known either of the prisoners before? A. No—I saw them next at the Court house—they felt for my pockets to see if I had got any money, but did not put their hands in—I am quite sure they were not taking liberties with ma.
CATHERINE CLARKSON . I am the wife of John Clarkson, of No. 10, Co burg-road, Westminster. I was with Mrs. Painter, going along Victoria-street—she asked me if I had any money—I said, "No"—she said that she would let me have what I required, as far as a shilling or two, and said, as loud as the rest, that she had a half sovereign in her mouth—J thanked her, but did not take the money—I said, "Do not change it, because when I get home I shall get some"—I observed some people behind us, and the big man bent his head, hit me on the breast, and knocked me down—I could not get any breath for several minutes, and then saw Mrs. Painter lying in the road, screaming "Police!" and "Murder!"—I was knocked down first, I saw the men run away—the prisoners are the men—I had not seen them before, but am sure of them both.
Cross-examined. Q. Where did you come from, just before? A. From my home, straight along Strut ton-ground and the Broadway, then into Victoria-street, and towards the Abbey—I met Mrs. Painter in the street, just by the brewery, before we got into the road—I had been washing, and Lad nothing but tea to keep up my spirits, I cannot afford anything else—I was knocked down by his making a rush at me with bias head, he was not trying to kiss me, they never spoke to us—neither of us tried to slap the face of either of the prisoners.
COURT. Q. Do you think Mrs. Painter said that she had got the half sovereign in her mouth loud enough for them to hear? A. They were close enough to hear it—they knocked me down and tore my shawl, but did not take it away.
MR. COOPER Q. They made no offer to kiss you or your companion? A. No—my shawl was not pulled off altogether, the pins kept it on.
JOHN HUDSON (policeman, B 80). I heard a female scream "Murder!" and "Police!" and within twenty yards of the place saw Chapman running five or six yards in front of Thompson—Thompson said, "Run, Jack"—I was in plain clothes, but was well known to Thompson for years—I laid hold of Chapman by the collar, but through the force of his running he broke away from me and went down Pie-street where I took him, and Thompson tried to rescue him—assistance came up, and they were both secured—I got assaulted and kicked about the legs—after I had taken the charge at the station I saw Mrs. Painter take half a sovereign from her mouth, which she showed to me.
Cross-examined. Q. Were the prisoners sober? A. They had been drinking but were not drunk—the women were perfectly sober.
(The prisoner's statements before the Magistrate were here read as follows: Chapman says, "I had no idea of doing such a thing, she was coming one way and we were going the other; I never touched her, she fell down from!
pushing up against me" Thompson says, "I never kicked the woman, or touched her; she went to hit this young fellow, and fell in the road; we were going home."
CHAPMAN— GUILTY . Aged 21.
THOMPSON— GUILTY .* Aged 10.
Confined Nine Months .
MR. PAYNE conducted the Prosecution.
LIONEL TATES . I am assistant to Mr. Charles Nicholson and another, of Nos. 61 and 62, St. Paul's-churchyard—they deal in silk—there is an entrance to the shop at Nos. 58 and 59, Paternoster-row. On The afternoon, of 7th Dec., the prisoner came in a little after 3 o'clock, at the Paternoster-row entrance, for some calico which she had paid a deposit on a few days before—she received the parcel, paid me 3s. or 4s. for it, and went away—in about a quarter of an hour she returned and wished to match the calico that she had just had—she looked at some and purchased a remnant, and also some lining, and paid 2s. 6d.,—she said she would look at some alpaca, a piece was shown to her—she said that she had got a friend outside who was rather shabbily dressed, but would the young man who was serving her mind her coming in—he said, "Certainly not"—the prisoner went out, and we then missed a silk dress length, value five guineas and a half, which had been lying on a table—the prisoner returned in about half an hour, and came in at the Paternoster-row entrance—I then went behind a stand and watched her, without being seen, by looking between some ready made dresses—she was looking at a dress, and I saw her take up two dress lengths and place them tinder her shawl—I then "walked down to the bottom of the shop and told the young man to get a constable—I then asked her to look at some shawls, to detain her, but she would not, and I saw her drop these silks on her lap and then they fell under the table—I picked them up and gave her. in charge.
COURT. Q. Was she sitting down at the time she dropped them? A. Yes—while the young man was making out the bill for the alpaca, she took them—while he was gone for the bill, she got up, looked at a dress which was lying there, and took it to the light, and with her hand placed the dress lengths under her shawl, and sat down again—I went to her, said that I saw her drop them, and gave her in charge.
Cross-examined by MR. METCALFE. Q. How loose was she there? A. Seven or eight minutes from the time she came in the third time—she had been sitting there two or three minutes when she dropped the dresses—it is very large shop, and has a large crystal front—young men do not stand outside to show goods to customers—if there is a lady looking, we may invite her in, but we do not pay a young man for the purpose—there are sixteen or eighteen young men—we generally show the silks at the Paternoster-row end, because there is more light—the tally trade has not been carried on during the seven months I have been there—the young man had to go about ten yards for the bill head—he is not here—he had got back before the dresses were dropped—I am shop walker—my attention was to her, and not to him—he might have been coming back at the time she was seating herself—she paid the bill before she was taken into custody.
MR. PAYNE. Q. How long after you missed the first dress was it that the prisoner came again? A. About a quarter of an hour—I distinctly saw
her take them, and put them tinder her shawl—they were folded up like these (produced)—these two pieces make twenty-six yards.
JURY. Q. Did you miss a dress directly after she left the shop? A. Yes, hut these two dresses were not taken off the premises—I picked these up, and said to her, "These are the dresses you have had underneath your shawl"—she said that she never had them under her shawl.
GEORGE EDWARDS (City policeman, 343). I took the prisoner to the station, and found 3s. 2d. on her—she said at the shop that she had never been there before, and at the station that she had been there once—I asked her address, and she told me she slept the night before in Shore ditch work-house—I went there, and saw the list, but there was no such name there—she said that she had no home, and, that her husband and children were living at Liverpool.
(The prisoner received a good character.)
NOT GUILTY .
MR. LILLET conducted the Prosecution.
HENRY HAYCOCK (City policeman, 168). On 7th Dec., about a quarter to 8 o'clock in the morning, I was in Wells-street, Cripple gate, and saw the prisoner and another—when they saw me, they turned round, and went back again, and the prisoner took this parcel (produced) from the other one, went back into another street, and ran a little way—I went round, and met them both together in Red cross-square—as soon as the prisoner saw me, he threw the bundle at my feet, and ran away—I overtook him in Noble-street, took him to the station, searched him, and found on him 4s. 9 1/2 d., and a penknife—he gave his address, No. 7, Little Saffron-hill, but I could not find that he lived there—the other got away—I have opened the parcel—it contains nine pieces of woolen cloth.
Cross-examined by MR. PAYNE. Q. How did you get that parcel? A. It was picked up and given to me by a man who lives at the Gentleman and Porter public house, close to where it was thrown down—he is not here—he gave it to me about five minutes afterwards, about a yard and a half from the place—I saw him on Saturday morning—I could not hear of the prisoner at No. 7, Little Saffron-hill—I inquired for John Evans—there were two or three parties living there.
MR. LILLEY. Q. Can you say, from what you saw of tie parcel, that this is it? A. Yes—this silk handkerchief (produced) was tied round it when it was thrown down—I have no doubt of its being the same parcel—it was about 300 or 400 yards from the prosecutor's shop that I first met them.
THOMAS FREESTONE KIRBY . I am a tailor, of No. 30, Alders gate-street. This cloth belongs to me—here is my private mark on them, in my own writing, and I cut a piece off this one on Thursday—they measure about twenty-eight yards, and are worth 5l.—I did not miss them till the policeman brought them—they were at the end of the counter furthest from the door about 6 o'clock on the evening before—my apprentice opens my shop about half past 7 o'clock in the morning—I was up about 9 o'clock—my son and the apprentice were the only persons in the shop.
GUILTY .** Aged 24.— Five Years Penal Servitude .
NEW COURT.—Tuesday, December 18th, 1855.
PRESENT—Sir GEORGE CARROLL, Knt., Ald.; Sir WILLIAM MUGGKRIDGE, Knt., Ald; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Seventh Jury.
MESSRS. ELLIS and W. J. PAYNE conducted the Prosecution.
JAMES THORNE (police sergeant, T 48). I produce a certificate of the prisoner's former conviction—(Read: "Central Criminal Court, Oct., 1854, John Green, Convicted of uttering counterfeit coin.—Confined one year")—I was present—the prisoner is the person who was then tried.
ANN CLARK . I keep a coffee house, on Snow-hill On 24th Nov. the prisoner came, between 7 and 8 o'clock in the evening, for a cap of tea, an egg, and a slice of bread and butter; it came to 3 1/2 d.—I served him—he gave me a 5s. piece—I examined it, and gave it to William Woods, and asked him about it—he went to the prisoner, and told him it was bad—the prisoner said he was not aware of it—he wanted it back again, but he did not give it him—I have not had it since.
WILLIAM WOODS . I was present on 24th Nov.—I saw the prisoner come in, and call for a cup of tea, an egg, and 'a slice of bread and butter; he offered in payment a counterfeit crown—Mrs. Clark took it to the till, and sounded it on a slab, and called me to look at it—I looked at it, and marked it—I told the prisoner it was bad—he said he was not aware it was bad, but if 1 would give it him back, he would take it back again—I declined that—he paid for what he had, and was allowed to go out—I gave the crown to the police sergeant, who took the prisoner about five minutes after.
WILLIAM M'MATH (City policeman, 77). I took the prisoner on 24th Nov.—I received this crown from the last witness—the prisoner was taken before the Magistrate on 3rd Dec., and was discharged; he gave the name of John Jackson—he refused to give his address.
ROBERT SPEARS . I keep the George tap, in Alderman bury. On 4th Dec. the prisoner came there, about 5 o'clock; he asked for half a put of porter and a screw—it came to 2d.—he gave me a shilling with a wreath round it—I put it on the copper side of the till first, as it had such a blue look—I then applied it to the test, and it would not touch it—I then bit the Queen by the nose—I put it with some other shillings, but not one wreath shilling amongst them—the next day I went to buy some potatoes, I offered that shilling, and the man did not lie it—I took it back, and allowed it to my wife—this is it—next day, Wednesday, the 5th, the prisoner came again, to my great surprise—he had a half pint of beer, and gave me another shilling with a wreath—I gave that shilling to my wife; she bent it, and said it was rank bad—the prisoner said he did not know it was bad—I said, "You are pretty bold to make a second attempt, but I have got you this time"—I went to the door and kept him, and sent for a policeman—I gave both the shillings to the policeman—these are them.
Prisoner. I was not in your house the night before. Witness. I am positive you were.
GUILTY . Aged 22.— Four Years Penal Servitude .
MESSRS. ELLIS and BODKIN conducted the Prosecution.
PHILIP KAUFFMAN . I am shop man to Mr. Jacobs, a fritterer, in Covent-garden market. On 1st Dec. I was selling some things myself—the prisoner came about half past 6 o'clock in the morning; she asked the price of a bushel of apples—I said, "3s. 6d"—she gave me a 2s. piece, a 6d., and 6d. worth of halfpence—I found the 2s. piece was bad—I told her of it—she gave me good money—I did not return the 2s. piece to. her, she went away without it—I kept it, and gave it to the beadle.
Cross-examined by MR. DOYLE. Q. Do you know that the prisoner hawks fruit? A. Yes—I hare seen her in the market, she is a dealer—the sixpence and halfpence were good.
THOMAS LEVY . I am shop man to Mr. Thwarts, of Covent-garden. On 8th Dec., I saw the prisoner, between 12 and 1 o'clock; she asked the price of oranges—I said, "3s. a hundred"—she said, "Let me hare half a quarter"—they came to 4 1/2 d.—she gave me a bad half crown—I discovered it in a minute—I said to her, "Have you got any more money?"—she said,."No"—sent for the beadle, and marked the half crown, and gave it to him.
Cross-examined. Q. Have you seen the prisoner before? A. Yes; she would have things made up for her, and then chuck them back if they did not suit her—I know she is a dealer in fruit.
WILLIAM GOULD . I am a beadle of the market I took the prisoner on 8th Dec.—I got from the last witness this half crown—I asked the prisoner if she had got any more money—she said, "Yes, a good sovereign"—she undid it from the corner of her handkerchief, and gave it to me.
(The prisoner received a good character.)
NOT GUILTY .
MESSRS. ELLIS and BODKIN conducted the Prosecution.
PHOEBE GRAVES . I am wife of William Graves. He keeps a chandler's shop in Caledonian-street—I remember being examined before the Magistrate—about a fortnight before that the prisoner came to our shop—she asked for a pound of sugar and an ounce of tea—I served her—they came to 1s. 3d.—she gave me a 5s. piece—I gave her change, and she went away—I gave that 5s. piece to my husband—he took it to the market—he brought it back, and returned it to me—on 29th Nov. the prisoner came again, and asked for tea and sugar—I served her—it came to 11d.—she gave me another 5s. piece—I made inquiry, and found it was bad—the prisoner was then in my shop—I gave both the 5s. pieces to the officer—these are them—I put a mark on them.
Prisoner. Q. If you knew I was the woman who gave you the first why did you not give me into custody when I came the second time? A. You gave me a third one—the first was put into the fire,
MR. BODKIN. Q. You speak about a third one? A. Yes—the first she gave me was put into the fire—the second time I did not take notice of
her—that was before she had the tea and sugar, and paid 1s. 3d.—I am confident the prisoner is the woman.
WILLIAM GRAVES . I am husband of the last witness. She gave me a crown piece about a fortnight before I went before the Magistrate—I carried it to Covent-garden Market—a man told me it was bad—I returned the same to my wife—a week or two after the prisoner came to my house on a Thursday night—she had some tea, and gave my wife a 5s. piece.
SARAH ANN SARJENT I am the wife of James Serjeant, a baker, in Pimlico. I remember the prisoner coming to my shop—she offered me a crown piece for some bread—I examined it—it appeared good—I put it to my teeth—it grated—I told her it was bad—she said she knew where she took it, and went away—this was about a fortnight before I was examined before the Magistrate.
JOSEPH ROBERT WILLIS FEY . I keep an Italian warehouse in Pimlico On Thursday, 22nd Nov., the prisoner came about 8 o'clock in the evening, for a penny candle or a quarter of a pound of soap—she gave me a shilling—I gave her change, and she went away—I put the shilling into the till, but directly took it out again—there were other shillings in the till, but when I put this one in I took it out immediately—I did not lose sight of it—it was bad, and I put it aside—I afterwards took it to the police court, and gave it to the officer.
Prisoner. I have been in the habit of going to this gentleman's shop? Witness. I never saw you but twice—the second time you brought an-other bad shilling—I went to get my hat, and you were gone.
GEORGE GRANT (policeman, A 289). I received these two crowns from Mr. Graves—the prisoner was examined on them on 30th Nov., and was remanded till 3rd Dec.—she stated she was an unfortunate female, and a young man gave her one crown, and the other she denied passing—I received this shilling from Mr. Fry.
(The prisoner's statement before the Magistrate was here read, as follow:—"I recollect going to Mrs. Sarjent's shop with a crown; she gave it me back again; I gave Mrs. Gray one on the Thursday, but I was not there before; I do not recollect giving Mr. Fry the bad shilling; I have changed shillings and half crowns there before.")
Prisoner's Defence. I hope you will have mercy on me; I am innocent, I can assure you.
GUILTY . Aged 24.— Confined Twelve Months .
MR. ELLIS conducted the Prosecution.
THOMAS HAWTHORNS CHAPMAN . I am a salesman, in Covent-garden. About 9 o'clock in the morning, on 5th Dec. the prisoner came to my stand, and bought a basket of apples—he gave me for them three shillings and a bad sixpence—I broke the sixpence, and told him it was bad—I gave it to. Alderman, the beadle of the market—the prisoner then gave me a shilling, and I gave him change—I had known him before.
Cross-examined by MR. PAYNE. Q. Does he buy fruit in the market, and sell it about Somers-town? A. He buys it, I do not know where he sells it—he gave me a bad sixpence, and three good shillings.
ALEXANDER JACOBS . I am a salesman in Covent-garden Market. On 5th Dec. the prisoner came to my stand a little after 9 o'clock—he bought 100 orange for 3s.—he gave me a 2s. piece and a half crown—I found
the 2s. piece was bad—I gave it him back—he rubbed it, and looked at it, and put it into his pocket—he gave me another half crown, and that was bad—I returned that to him, and he gave me a 2s. piece, which was good—he took the oranges and his change, and went away.
Cross-examined. Q. Has he been in the habit of buying of you? A. Yes, I have sold him things for several years.
BARNABAS ALDERMAN . I am a beadle of Covent-garden Market. On the morning of 5th Dec. I received this sixpence from Mr. Chapman—I went after the prisoner, and found him at Mr. Jacobs's stand—I told him to turn out his pockets—lie did so, and pulled out this bad florin—I told him to turn out his other pocket, and he produced this bad half crown—I found on him 1s. 6 3/4 d. in good money—he declared he did not know that he had any bad money about him.
(The prisoner received a good character.)
NOT GUILTY .
GUILTY . Aged 25.— Confined Nine Months .
PLEADED GUILTY . Aged 31.— Confined Six Months .
115. JOHN COTTON CURTIS , stealing, on 23rd Nov., 1 portmanteau, 1 pair of shoes, and other articles, the property of the Eastern Counties Railway Company.—2nd COUNT, stealing, on 30th Nov., 1 dressing-case, and other goods, the property of the Eastern Comities Railway Company.
MR. WOOLLETT conducted the Prosecution.
ELIZABETH JOYES . I am female searcher at a police station. On 23rd Nov. I was stationed in the first class waiting room in the Eastern Counties Railway terminus, at Shoreditch—I was placed there to watch by Mr. Bale, the station master—I saw the prisoner come into the first class waiting room a little before 4 o'clock—I had not seen him before—he placed himself on a sofa, by the side of the fire, I had a full opportunity of observing him—when he came in he had no luggage whatever—there was a portmanteau under the table, which is opposite the door—the prisoner was about three yards from it—there were some cloaks, and other things, but no other portmanteau there—the prisoner left the sofa, he went to the portmanteau and lifted it up, and put it down again, and he went out on to the platform—he came back again and took the portmanteau, and walked out directly—he went to the right hand and passed the refreshment room—I spoke to a female and she went to a private door—I observed that the prisoner had very old shoes on, and he was shabbily dressed—the portmanteau was a little more than half a yard long, I should say—I am quite sure the prisoner is the man—I can swear to him.
Prisoner. Q. You were employed as a female detective? A. Yes—I was sitting immediately opposite the entrance to the waiting room—seeing the party lift up the portmanteau I kept a sharp look out—the party came in immediately afterwards from the platform, took the portmanteau, and went out—he did not pass me, I had moved from that place to the door Opposite.
Q. If you saw this party take the portmanteau away, was it not your duty to follow him immediately, and not go after some other female? A. I could not swear at that time whether the man had stolen it or not—you were not
dressed as you are now—you were dressed as you are now the second time you came.
COURT. Q. Had you had directions what to do if you saw any one take anything? A. Yes—it was in consequence of those directions I told the female.
REV. WILLIAM JOHN CHESHIRE . I am Hector of St. Martin's, Canterbury. On 23rd Nov. I went to the Eastern Counties terminus, at Shoreditch—I arrived 2 or 3 minutes before 4 o'clock, by the clock at the station—I was going to Colchester—I had a light brown portmanteau with me—it was about two feet long by eighteen inches, with a handle at the side to any it—the porter took it from the cab that I was in and carried it to the first class waiting room—I followed him, and saw him put it down under a table in the centre of the room—I left it there and went out with a view of seeing whether the ticket place was open, and not finding it open, I returned to the room, I am sure I was not absent five minutes, and the portmantean was gone—I did not see any other portmanteau there when the porter put it down—I have never seen my portmanteau since—it contained a few handkerchiefs, and small things, and a pair of new shoes, made by Medwin, in Regent-street—I have seen them in the hands of the superintendent—these are them—here is my own name written in them as received from the shop—the value of all the articles the portmanteau contained was certainly 17l.
Prisoner. Q. What was the weight of it? A. I had not carried it myself—I cannot answer exactly, I should say about 40 lbs. weight.
Prisoner. Q. You have made inquiries about my character? A. Yes—as far as my inquiries have led, I have proved you might have been a respectable member of society, but instead of that you are quite the reverse—I found your wife and family in a state of destitution, want, and wretchedness, and your position enabled you to support them—I heard you have been very fond of company and gambling—you were out day and night, sometimes not the whole night, but a portion of it—the testimony of your own family was all that I had.
HENRY BALE . I am station master at the Shoreditch terminus of the Eastern Counties Railway. On 23rd Nov. I received information of a robbery about 4 o'clock—in consequence of information I searched for the prisoner, I could not find him—I had a communication from the prisoner since he has been in gaol—in consequence of that I went to him about a fortnight ago in the House of Detention, and he made a communication to me.
COURT. Q. Did you hold out any inducement to him to make it? A. I told him if he made a clean breast of it the Company might adopt a lenient course.—(The COURT considered the statement not receivable.)
MR. WOOLLETT. Q. In consequence of information did you set persona to watch on 30th Nov.? A. Yes, the witness Joyes—she made a communication to me about a quarter before 12 o'clock at noon—I communicated with Mr. Holloway, the superintendent of the lost property department—he dressed himself like a traveller, and carried in with him to the first class waiting room a dressing case, a rug, and a black leather bag—they were placed under the table—the prisoner was in the first class waiting room at the time—Mr. Holloway left the, room and went towards the
refreshment room—the prisoner Hollowed him—I then made another communication to Mr. Holloway—he went back into the first class waiting room, and the prisoner went back into the room also—Mr. Holloway left the room again and I saw the prisoner follow Mr. Holloway again—he had nothing with him at that time—he returned to the room and came out in about a minute, and he had the rug, the dressing case, the black leather bag, and a rug of his own—he was carrying all this property with him, and he went towards the door of egress—just as he stepped off the platform I laid hold of his collar—I called a policeman, he was given into custody, and taken to the station at Spital-square—he was searched in my presence—he had no ticket for any part of the line, nor any money—this rug belongs to Mr. Holloway—'the rest is lost property that was left in his care
Prisoner. Q. This took place on the northern aide of the railway station 9 A. Yes, in the first class waiting room—that is the aide of the down trains—the entrances are entrances of egress—I am more in the habit of seeing parties come in, than go out there—this waiting room is twenty or thirty yards from the lobby of the paying place—we have three steps leading down, and in front there are two staircases—we have not policemen at the front, we have porters there, because the luggage comes there—we have lost a great many articles from the first class waiting room—I and those who are under me have not been the subjects of some conversation up stairs for not looking after those things—I have not found it necessary to set a trap every time—I have caught many myself—I have found them go in all directions, and taken them in all directions—I took you on 30th Nov.—I think it was on Friday, I will not swear positively—I believe it was 30th Nov.—it might have been 1st Dec—I took you with the property on you.
COURT. Q. Were you examined the same day he was taken? A. Yes.
HENRY MATHEW . I am a policeman of the Eastern Counties Rail way. I received this property on Saturday, 1st Dec; that was the day the robbery was committed—I produce the property here—on the road to the police court, the prisoner said, it would be a pretty thing for his wife and family
Prisoner. Q. Not "a bad job"? A. No, "a pretty thing"—when you were taken you had just left the platform, and were making your way towards the street—you were about two yards off the platform—you were eight or nine yards from the front door.
THOMAS HOLLOWAY . I am superintendent of the lost goods department, at the Eastern Counties Railway—I received information, and dressed my-self as a traveller, on 1st Dec—I have heard the evidence of Mr. Bale—it is true as far as I saw—I did not see the prisoner taken—he acknowledged to me when in custody, that he had taken mine instead of his own—this dressing case had beet under my care about seven months—the rug I have had for yean—the bag I had only had a few days.
Prisoner. Q. Will you swear I did not say, "I have taken yours instead of my friend's"? A. No; you said, "Instead of my own"—I might have taken off my gloves when I saw you in custody—I do not know.
Prisoner's Defence. I am taken at a very great disadvantage, and I am deprived of the assistance of one of the pleaders; when I left my own home, about half past 11 o'clock in the morning of 1st Dec, I went with the express intention of meeting a friend at the Eastern Counties Railway station, and I shall prove that I promised to be back at my house, four miles from the railway, somewhere about 1 o'clock; having proved so far by a witness, I shall bring before you Circumstantial and presumptive evidence
of my innocence, and trout to my own arguments, from whence you will draw your own inference; when I left home, I left behind me that which I can scarcely do without, an eye glass, and left the necessary amount of cash which might have been wanted for any expenses; I went to the station, and you heard the question I put about the egress or ingress; You are was that the northern side is for persons going down the line, and the southern side for persons coming up the line, and there are two passages lead down from the front of the building—this occurrence took place in the middle of the day, 5 or 10 minutes before 12 o'clock; there was no throng, nothing to induce a person to commit any robbery; you all hear that I went in and sat down, and a person came in dressed as a traveler, and placed under the table several packages, and a railway wrapper; if I had been dishonestly inclined it would have been sheer madness on my part to take up these things in presence of so many persons—but I expected my friend there, and sat immediately opposite the door watching for him—when this gentleman came in with his luggage, I thought I detected my friend in him, and I followed him to look for him; not being able to find him, I came back, and then not being certain, I went out again and came back—I then suddenly bethought myself that he might hare gone to the lobby to obtain his ticket, and as my intention was to ask him to take me to Stratford with, him, I thought there was no harm in taking these things to him—now it appears that this was a trap to detect some shabby fellow who stole a clergy-man's portmanteau; when they saw me they could not say I was a shabby fellow, and the very clever man who took me, if he thought I was going to leave these premises, do You think he would have laid hold of me there; no, he would have let me have gone down and get into a cab, and followed me to my destination; if he had thought for one moment I was a thief, that is the line of conduct he would have pursued; but Mr. Bale knew I did not intend to leave the premises with these things, he saw that I was going towards the pay place, and he knew very well I must have thought if I did not see somebody I was looking after, I should come back to the waiting room again; but a victim was to be caught, and there had been complaints of non-performance of duty in looking after persons in that waiting room, and therefore I was taken; the Rev. Mr. Cheshire says he lost his portmanteau on 23rd Nov., which is the day that this female detector was appointed to watch for thieves; she waited from 10 o'clock in the morning till a quarter before 4 o'clock, and saw a person she declares to be me, get up and leave that room, but before leaving it lift up the portmanteau, and come back, take the portmanteau and leave this room; and I must not Only have left the room, but walked twenty yards, and gone down a flight of steps, and all this in one minute and with a package in my hand weighing forty or fifty pounds; can 'you believe that could be done before a woman, a special detector, appointed there for her acute knowledge of all these things; is it possible that any man could come into a room like that, take a package of forty pounds, and walk away with it; but I have a witness whom I will tender, who will on her oath declare that on that 23rd, I arrived at my own house, which is as near as possible three miles and a half or four miles distant from it, and that I was at home about 6 o'clock, and I was dressed in my usual way; I never leave" my house without being shaved, my clothes and hat well brushed, and my shoes decently polished; I shall prove that on the 28th Nov., which was on Wednesday, that I brought home these identical shoes, and another pair of shoes as well with me, and
that I never brought home any portmanteau or carpet bag, or dressing case, in my life; that I have never been out later than 8 or 9 o'clock in the evening, and never gambled in my life; this statement must have proceeded from some misapprehension; in addition to all this I may add, that not withstanding my having been very poor, I have not been without the means of supporting my family through my own talents, and my own ingenuity; I have six children and a wife, and others who depend on me for their support, and is it likely that I should in the face of day go into the was, as it were, of danger, to throw my children into the workhouse for the paltry sake of getting a few things, the value of which I could not have known; I will call,
CAROLINE HORNE (examined by the prisoner). I am a widow, and have lodged with you some years—I recollect 23rd Nov., it was on a Friday, I believe—I will not be certain as to the day—I do not know—I think I recollect your arriving home in the afternoon of that day—it is most likely when you came home I asked you for some money, I frequently did—I recollect you saying you had not got any money at that time, but you would go out and by some means bring me in some—that was said between 4 and 5 o'clock on Friday, the 23rd Nov.—you were dressed the same as you are now—I never knew you to go out in dirty clothes, or old boots, you were always respectably dressed—you were always remarkably particular in going out well dressed—I recollect on Wednesday, 28th Nov., your bringing home a pair of shoes for the eldest boy, and I recollect your showing me a pair of shoes you had bought for yourself—I cannot say that I should know those shoes if I saw them (looking at the shoes produced)—these have the appearance of the same shoes that you brought home—I recollect you told me you bought them in Petticoat-lane, and your son's also; and you told me a few days before that you intended to go to Petticoat-lane and buy yourself a pair, and your son also, for your finances would not allow you to go to a shop and buy them—you have been mostly at home—I never knew you out late at night; your usual hour for coming home, was between 8 and 9 o'clock—you have never been out all night—I never heard of any dishonest action being committed by you—I do not know that I have ever heard of your being accused of dishonesty in any way whatever—no, certainly not—I never believed you to be dishonest—I never saw you bring home any dressing cases or leather bags full of clothes, nor anything of the kind
Cross-examined by MR. WOOLLETT. Q. You think you recollect 23rd Nov.? A. If it was on a Friday—I believe it was on Friday—if the 23rd was Friday, it was on Friday—the prisoner got home between 5 and 6 o'clock, I do not know the exact time—I am mother in law of the prisoner.
Q. Is Curtis his right name? A. I cannot answer that—I do not know that I am bound to answer that—I do not wish to say, I would rather not—I have reason for not saying—yes, he brought home one pair of shoes similar to these, and another pair for the son—I am not sure of the day of the month it was when he bought his son's shoes—I did not see the name of the Rev. Mr. Cheshire in them; certainly not
Prisoner. Q. The 28th Nov., perhaps you recollect, it was on Wednesday? A. cannot recollect.
COURT. Q. What is it makes you remember Friday, the 23rd? A. He told me he was so very badly off—that was the case nearly all
the week—I remember it was Friday we had not a farthing in the house—I know he was taken the next day—he went out, and did not return again—the 23rd Nov. was on Wednesday.
GUILTY .— Confined Twelve Months .
(There was another indictment against the prisoner.)
ELIJAH CHIVERS . I am shopman to Thomas Rudder forth, No. 522, New Oxford-street On the night of 4th Dec. I slept in the room adjoining the shop—I went to bed at 11 o'clock, the door was barred and looked—it could not be opened from the outside by a key only—about 1 o'clock I heard a noise; I got up and found the policeman had got the prisoner—I asked him how he got in, and he produced my own key, which I had lost three days previously—he gave it me—the policeman took some instrument from him.
GEORGE GREENSELL (policeman, E 90). I was on duty in the neighbourhood of Oxford-street on the morning of 5th Dec—I found this door was open, and in the passage I found the prisoner—we always try the doors as we go along—the prisoner had a chisel, a box of lucifer matches, and the key of the door he had in his hand—the door appeared to have been opened with the key—I could not say how the bars had been removed—there was a mark, but it was not very recent—this chisel would go in the mark, and I think would enable him to undo the bars.
GUILTY .†* Aged 19.— Four Years Penal Servitude .
MR. BALLANTINE conducted the Prosecution.
SAMUEL NORTH . I am a warehouseman, in the employ of Messrs. William Leaf and Co. I saw the prisoner on 24th Nov.—he said he wanted some town silks—I asked him who for—he said, "Mr. Hackett, of Walworth"—I entered the order in the book—the value was about 30l.—I asked the prisoner if he had an order, and he gave me this—Mr. Hackett is a customer of ours—(read—" Nov. 24th. Please to send by bearer two lengths of black glace silks, at 3s. or 3s. 6d. William Hackett")—I asked the prisoner if this was Mr. Hackett's writing—he said it was—I doubted it, and I asked him if he knew any one in the house—he said, "No"—I asked him if he knew any person in the neighbourhood—he said he was known to Thomas, brothers, Cheapside—I did not let him have the goods—I sent them by the porter, and he brought them back—I did not see the prisoner again till he was in custody, about a week afterwards.
WILLIAM NEW . I am porter to Messrs. Leaf and Co., Old Change. On 24th Nov. I was called by the last witness, and desired to accompany the prisoner to Thomas's—he was not known there—I refused to let him have the goods, and I took them back again.
Prisoner. Q. They said they knew me, but not as living with Mr. Hackett? A. Yes, as living in Fetter-lane.
WILLIAM BEALBY HACKETT . I am a linendraper, and live at Commercial House, Walworth-road. This order is on one of my bill heads, but it is not an order coming from my establishment—I have seen the prisoner
in my house—I do not know Mm personally—I never gave him any order to obtain goods.
CHARLES THANE (City policeman, 19). On 3rd Dec I apprehended the prisoner—I asked him if his name was Pitt—he said, "No, my name is not Pitt"—he refused to tell me what it was—I told him I was an officer, and I should take him into custody for presenting an order representing himself as coming from Mr. Hackett, of Walworth, for the delivery of two pieces of silk—he said, "I don't know Mr. Hackett, of Walworth, and I never was in the premises of Messrs. Leaf"—I took him into custody—he endeavoured to escape, but did not succeed.
Prisoners Defence. The order was given to me by a person I knew many years; he told me by going there I should very likely hear of a situation, and there was an order from his employer, Mr. Hackett; when I was asked if anybody knew me, I referred to a house where I was well known, not having the slightest idea that the order was forged.
(The prisoner received a good character.)
GUILTY of uttering. Aged 49.— Confined Six Months .
OLD COURT.—Wednesday, December 19th, 1855.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Baron ALDERSON; Mr. Justice COLERIDGE; Sir CHAPMAN MARSHALL, Knt., Ald.; Sir GEORGE CARROLL, Knt., Ald.; Sir ROBERT WALTER CARDEN, Knt., Ald; Sir HENRY MUGGERIDGE, Knt., Ald; and RUSSELL GURNEY, Esq.
Before Mr. Baron Alderson and the Fourth Jury.
118. DANIEL MITCHELL DAVIDSON and COSMO WILLIAM GORDON were indicted for that they, being declared and adjudged bankrupts, on 23rd June, 1854, feloniously did conceal and embezzle 3 500l. Bank of England notes, part of their personal estate, with intent to defraud their creditors. (For the former trial of Gordon, see Sessions Paper, Vol. 42, page 408.) MESSRS. ALLANTINE and POLAND conducted the Prosecution.
THOMAS HAMBER , I am a messenger of the Court of Bankruptcy in London. I produce a file of the proceedings of the Court in the bankruptcy of Davidson and Gordon—among them I have the petition of adjudication—it is under the seal of the Court—it is dated 20th June, 1854—the adjudication is dated the 21st, the following day—there are also on the proceedings the affidavit verifying the petition, and the depositions—I have here the appointment of the official assignee—it is dated 21st June—Isaac Nicholson is the person appointed—here is the London Gazette of 30th June, 1854—(MR. MONTAGUE CHAMBERS objected to the reception of the Gazette until due notice to the bankrupts was first proved)—on 21st June the solicitor made out some duplicates of adjudication—they were given to me when made out—they were given to my clerk, and handed by him to me—I received two duplicates, and the two I received I served in Mincing-lane, at the bankrupts' counting house—I served two copies of the adjudication, by leaving them at the bankrupts' counting house, on 21st June—Mr. George, and Haggis, one of my assistants, accompanied me—I left those duplicates inside the counting house; and when I left the counting house, I left them there—I have a copy of one of those duplicates now before me—when I left those papers in the counting house, and came away, the premises were locked up
—I left Haggis on the premises, and gave direction that he should continue there.
Cross-examined by MR. SERJEANT BYLER (with whom was MR. BODKIN, for Davidson). Q. You have been examined before, I think; as to the service of this adjudication? A. Yes.
Q. When you were examined here before, did not you swear this, "In company with Mr. George, I left one document there, and one only"? A. I must explain; I am quite in ignorance, in consequence of the confusion that occurred, of my having said so—I may have sworn that, bat I am quite in ignorance that I did so, in consequence of the confusion, and the cross-examination that I was exposed to—the invariable practice is to serve as many adjudications as there are bankrupts, and I have done so for many years—there were two adjudications served—it is not the invariable practice to serve as many written notices as there are bankrupts, only the adjudications—I am now positive that I left two adjudications, because I have inquired of my clerk, who reminded me of the practice which is always pursued, that he gave me two adjudications, and of the invariable practice of their always being served; and I believe in my conscience that two were served—my present knowledge that two were served is not entirely derived from what my clerk told me, because I have refreshed my memory in various ways—one memorandum by which I have refreshed my memory, is my taxed bill, in which there are two adjudications mentioned—here is the bill (producing it)—this is the original memorandum, and, as I mentioned before, it is the invariable practice—the entry to which I refer is the second entry, "Serving adjudications; it was two—that is my clerk's writing—it bears date somewhere about July or Aug. last year—the source from which I have refreshed my memory is that document, the invariable practice, and my belief—I have no hesitation in saying that I served two—here is a memo random on the adjudication itself, which was partly the cause of the error—it says, "Served the above named bankrupts with a duplicate," instead of saying "duplicates"—I was referring to that memorandum at the time I was sworn, and unfortunately I said "duplicate," instead of "duplicates"—this memorandum was made at the time—I have no recollection of saying on the last trial, "I did not deliver it to any person there; I left it on the premises."
COURT. Q. On its being mentioned to you again, your memory was better refreshed? A. Yes.
MR. BALLANTINE. Q. Have You since the last trial had occasion to refer, to your books to ascertain what was done? A. Yes.
Cross-examined by MR. MONTAGUE CHAMBERS (with whom were MESSRS. CLARKSON and PARRY for Gordon.) Q. There was an affidavit of service, was there not? A. There was—(the witness was directed to read it over to himself)—having read this, I adhere to my statement that I served two adjudications—it was the error in the form of this affidavit that led to the confusion—there was no intention of falsehood—the printed form was. wrong—this is my own affidavit, but it is not my own handwriting, it was filled up by another—I am not in the habit of swearing to affidavits, without reading them over, I should consider myself disgraced if I did so; the only way in which I can explain it, is this, the language of the affidavit ought to have been in the plural, instead of the singular, I read it over, passing it over incautiously, but not wilfully or carelessly, I thought I had done my duty in swearing to it—I was afterwards reminded that I had faltered in the evidence that I had improperly given, and I then for the
first time learnt that the printed form was wrong—as nearly as I can remember, I think it was Mr. Linklater who reminded me that I had faltered in my evidence—I saw him at the Bankruptcy Court upon another business and had some conversation with him, and when he called my attention to the fact, I could scarcely believe what he told me—but when he did, I said, "I am very sorry it should have been stated By me, because it is so opposite to the fact"—it was, of course, very painful to me—I remained in Court until the end of the last trial—I heard objections taken throughout the proceedings, all day long—I do not recollect bearing it stated in Court, that one of the points to be reserved was that only one duplicate of adjudication had been served—I believe I paid strict attention to everything that was going on during the whole trial, but that did not occur to me—I did not hear the Counsel, as soon as I had given my evidence, object to the Judge that only one duplicate of adjudication had been served—it was not so impressed upon my mind, that is all I can say on the subject, I certainly did not take any notice of it—Mr. Linklater is the attorney for this prosecution, he practises very much at the Bankruptcy Court—I cannot recollect when it was that he told me I had faltered in my evidence.
COURT. Q. Was your conversation with Mr. Linklater about the notice in writing served at the place of abode? A. It was upon the service of the two adjudications—there were two adjudications; not two notices—there should have been two notices as well as two adjudications.
MR. CHAMBERS. Q. As soon as Mr. Linklater had suggested that you had faltered in your evidence did the whole thing come back to your memory as to the two? A. Not at the moment, but I had quite sufficient proof afterwards to know that it was not the truth—I looked at my affidavit several times afterwards—it was not Mr. Linklater, or his clerk, who prepared that, my clerk prepared it—I was recalled several times in the course of the last trial.
Q. Upon being recalled did you not say, "The document I left on the. 21st was under the seal of the Court, and I believe it to have been a true copy of the adjudication of bankruptcy"? A. I believe, as you refresh my recollection, that I referred to the proceedings.
COURT. Q. Be so good as to tell us first whether you have any recollection of what you swore at the last trial? A. I have no distinct recollection, but I believe I referred to the paper itself, and that confirmed me in the belief that that was the adjudication left, that one adjudication was left—on the former occasion I believed there was but one.
MR. CHAMBERS. Q. Bid you not say, "It was under the seal of the Court"? A. I cannot charge my memory—it is impossible for me to say whether I said it, or they—I cannot recollect whether I said, "and I believe it to have been a true copy"—I do not know how to answer whether I then remembered only one, when my thorough belief is that I left two, as I have already sworn—you are asking me that which I cannot recollect, and if you were to examine me from this time until to morrow I could not say anything else.
(MR. CHAMBERS upon this evidence objected to the reception of the adjudication—MR. BARON ALDERSON was of opinion that it must be received, and the Gazette also.)
CHARLES JOHN ROBINSON . I served notices, of which this is a true copy, upon the two defendants in Newgate, and upon their respective attorneys—(This was a notice to produce the duplicate adjudications left at the bankrupts' premises.)
WILLIAM HACKWOOD . I am in partnership with Mr. Linklater—I made out the duplicate adjudications in this bankruptcy—I made out four—the whole four were signed by the Commissioner, and left with the Registrar—one was filed with the proceedings, one was left in the Chief Registrar's Office, and the other two were made for the two bankrupts—it would be the duty of the messenger to serve the two, that was the object of their being made.
Cross-examined by MR. CHAMBERS. Q. Were you here at the last trial? A. I was not—Mr. George is managing clerk in our office—there is also a Mr. Hurniman—I have sworn that I prepared these myself—they were passed by me before they were put in to the registrar—they are not all in my handwriting, but part of them are—they were prepared on the 20th, as the adjudication itself shows—there is an alteration to the 21st in my handwriting in the original adjudication, I mean the one that is on the file—I made that at the time they were put before the Commissioner for his signature, on the 21st—the three others were either prepared by me or under my supervision—that is all I can say—they were not all in my handwriting, but they were all passed by me—they were partly prepared by me, not wholly, because somebody else's handwriting appears in the body of them—they were all four prepared in the same way, that is, all prepared originally by Mr. Hurniman, I then altered them, because there were errors in them, and all those four, as altered, were put before the register—they were altered by me, not prepared by me—I believe they were all prepared by Hurniman, I believe all the four forms were originally filled up by him—I know he had something to do with writing the duplicates, because I see his handwriting now, or rather it is on the proceedings.
WILLIAM HAGGIS . I am one of the assistant messengers of the Court of Bankruptcy. On 21st June I accompanied Mr. Hamber to the offices of the prisoners Davidson and Gordon, No, 14, Mincing-lane—I was left there—I remained there till between 8 or 9 o'clock that evening—I then locked the place up, and went away, and went again between 8 and 9 o'clock next morning—I continued to do so, it might be for two or three weeks—every morning I used to go there, and take the letters, if there were any, out of the letter box, and take them to the official assignee—since these proceedings have been taken, I have made a search at the office for some duplicate adjudications—I have not found any—I do not know how they went—I sent all the papers away the very first day we went in, all the papers that were of any account—they were taken up to the official assignee in a cab.
Cross-examined by MR. CHAMBERS. Q. Were you examined with regard to one paper being left on the 21st, at the last trial? Do you recollect that? A. I recollect it—I do not recollect saying then, "I was there at the time Mr. Hamber left the paper on 21st June"—I recollect saying there was an adjudication—I put it on the mantel piece—I saw the paper—I did not, to my knowledge, say, "I saw the paper left"—I saw a paper, the adjudication—I saw one, and took it off the desk—there might have been two for what I know—I saw one—I recollect seeing that same paper on the premises for a fortnight or three weeks afterwards—it was in the counting house, on the left hand side, on the mantel piece, wafered up—I placed it there myself—I took it off the desk where Mr. Hamber laid it, with some more papers—all the papers that had figures on them, or were of any account, were sent up to the official assignee, but newspapers and things of that sort I did not take away—I selected this one, and placed it
on the chimney piece, because I knew it was to be left on the premises, that was the reason—it was an adjudication, from what I understood—I did not take it myself—Mr. Hamber took it—Mr. Hamber, Mr. George, and I, went there together—several papers were left afterwards—I left the notice myself, on the 25th I think—I do not know what became of that—I went to search for it some time afterwards, and could not find it—I cannot say whether it was on the 25th or 26th that I left it—I went there and lift it, and then locked the door again as usual.
JOHN CHECKETTS , I am clerk to Mr. Hamber. I handed over to Mr. Hamber, to leave at the bankrupts', the warrant and the two adjudications—I am almost confident that I handed two—I can only speak from memory, but as far as my memory goes I can speak confidently—I handed him a warrant and two duplicate adjudications—they were handed to me by the registrar in the usual manner, folded up, and handed to Mr. Hamber for the purpose of serving on the bankrupts or to be left at their counting house—they were folded up—I folded them myself—they were the duplicates of adjudication—I was present at the Court of Bankruptcy on 19th Aug.—neither Davidson nor Gordon appeared on that day—they were called, and the Commissioner sat until 3 o'clock on that day.
Cross-examined by MR. CHAMBERS. Q. The expression you first made use of was, "I am almost confident that there were two papers;" how came you to use that expression? A. Because I am speaking from memory, I have no fact—I made no memorandum at the time—Mr. Linklater did not come to me about this after the last trial, nor any of his clerks—no one has asked me about it—I was subpoenaed here to day-some time after Mr. Hamber bad discovered that he had sworn there was but one adjudication served, he asked me about it, and I said, "The affidavit is on the proceedings in the usual form, and that will show, but the word 'each' not being put in, or the 's' at the end of 'duplicate,' that has caused the mistake you made"—I heard that an objection was made that only one duplicate had been served—I heard that with the other observations that were made upon the case—I told Mr. Hamber that the affidavit not being altered had caused his mistake in giving his evidence, in saying there was but one—I told him he must have laboured under a mistake—I made use of the expression to day "I am almost confident" because I only speak from memory—if you like, I will say that I am confident—I have no moral doubt about it—I mean not the slightest doubt.
WILLIAM HACKWOOD re-examined The adjudications were all filled up by Mr. Hurniman, our clerk, and I passed them—by passing, I mean checking them, and seeing that they were correct—I did not check them with anything, because they were all four to be originals—I saw that they were correct for the purpose of being put before the Commissioner, and they were afterwards signed by the Commissioner—they were all originals.
MR. CHAKBERS. Q. Did you not entrust all that to your clerk, Francis George? A. No—to my knowledge, he had nothing to do with seeing that one was like the other—he might also have looked at them.
COURT. Q. Did you compare them with each other? A. I did—I compared them with the one that is now upon the proceedings—they were exact copies of that—(the Gazette was here read: it required the bankrupts to surrender themselves on 7th July, and on 19th Aug. to finish their examination. The adjudication was also read).
I cannot give the date—I received as order for goods about 24th May—they were drapery goods—they were delivered, to the amount of 426l. to the bankrupts' packers—they were the goods of Mr. M'Millan—we have never been paid for them.
CHARLES WALKER . I was clerk to Davidson and Gordon; they earned on business in Mincing-lane, and also had a distillery at West Ham, in Essex—the business they carried on originally in Mincing-lane was that of produce brokers, I mean colonial produce—they received goods, and sold them for other persons—they were also metal agents—they carried on business altogether for three or four years to my knowledge, and at the distillery about nine months—they continued it until the time of their going away—the last day on which I saw them at business was on Saturday, 17th June, 1854—I saw both of them—I saw them up to about 5 o'clock that day—they did not tell me where they were going to—I did not see them leave—they did not intimate to me that they were going to leave—I expected to see them or hear from them on the Monday—they did not come on the Monday, nor did I hear from them—they did not leave any money with me.
Cross-examined by MR. SERJEANT BTLES. Q. Were you formerly in the employment of Sergeant, Gordon, and Co.? A. I was—Mr. Gordon, the present defendant, was a partner in that firm, and Davidson also—the present firm of Davidson and Gordon commenced at the end of 1848, I think—Mr. Davidson was not very active in the business of that firm, it was principally left to his partner—Mr. Gordon was in the habit of drawing cheques—Mr. Davidson used to sign cheques when I gave them to him for signature—he would ask me if they were right—I had received my directions from the other partner—Mr. Davidson would ask whether they were right, and sign them—he used to be absent from the business sometimes—I remember his going abroad—he was away for two or three months, I think—he went to Spain, I think, in Nov., 1853, and staid until April, 1854—he would endorse warrants that I asked him to do—he would do that upon my statement that it was all right—he did not take an active part in the business—I do not know of my own knowledge whether they left money at their bankers when they left London.
Cross-examined by MR. CHAMBERS. Q. What were your duties? A. I had many duties to perform—I used to keep the books generally—there were two other clerks—I used not to go to the docks.
RICHARD HICKSON . I was clerk to the prisoners on 17th June, at their distillery at West Ham. On that day I sent out forty pipes of spirits; twenty pipes to Messrs. Grimble and Co., of Albany-street, Regent's park, fifteen to Messrs. Nicholson and Co., of St. John-street, Clerkenwell, and five to Howell and Hale, of Water-lane—the first twenty were sent out about half past 6 o'clock in the morning—I received the order to send them out from Mr. Eves, for Mr. Gordon—I do not know whether Mr. Eves was the manager of the distillery, or not; I received the order from him—the value of those forty pipes was about 4,300l.—in sending out spirits we are obliged to give a cheque to the Excise for the duties—I did not do so on this occasion.
Cross-examined by MR. BODKIN. Q. Was there anything at all unusual in the quantity sent out? A. It was rather more than the average quantity; it was not more than we had sent out in some preceding weeks, we had sent out as many—there was nothing at all unusual in the hour at which they were sent—it is necessary, when spirits have been recently distilled, to remove them early, as they lose by evaporation—they have been
sent as early at 5 o'clock in the morning—they were sent to persons who had previously been customers of the firm for some years.
EDWARD SOUTHARD EVES . I was clerk to the prisoners, and manager at the West Ham distillery. On 16th June I received an order from Mr. Gordon, and on 17th, in consequence of that order, I went to Messrs. Grimble and Co., of Albany-street, Regent's-park—I obtained from them an acceptance for 2,150l. 10s. 8d.—I went there because it was part of my duty to collect then—I had Mr. Gordon's order for sending the spirits to Messrs. Grimble's, and in my usual course I went as collector to get the money—it was the amount of the twenty pipes that had been delivered to them by the order of Mr. Gordon—on the same day I went to Howell and Hale, of Great Tower-street—I obtained an acceptance of them for the amount of 497l. 18s. 11d. for five pipes, which had also been sent that morning—I also went to Messrs. J. and W. Nicholson, of St. John-street, Smithfield—I received from them a cheque upon Glyns' for 500l.—I do not know whether that was on account of spirits that had been sent that morning—I gave the two acceptances to Mr. Gordon, the 500l. cheque I got cashed, and received for it a 500l. Bank of England note, which I gave to Mr. Gordon; that was about 4 o'clock in the afternoon of the 17th—before spirits can leave the distillery, it is necessary to pay the Excise, either by cheque or by money—I gave a cheque to the Excise on this occasion; I think it was for 2,070l., that was for duty—I cannot exactly say whether any duties were owing at that time—I believe that cheque has not been paid.
Cross-examined by MR. SERJEANT BYLES. Q. You were at the distillery, I think? A. Yes—Mr. Davidson took no part whatever in the management of the distillery—about 8,000 gallons of spirits were sent out on this morning—there would have been no difficulty in sending out 4,000 more—there was nothing either in the time or in the quantity to lead me to suppose there was anything unusual or irregular.
Cross-examined by MR. CHAMBERS. Q. How do you know that they were partners at all, if Mr. Davidson took no part in the business? A. Merely by the title of the firm—Mr. Davidson was frequently there, but he never took an active part in it; his name was over the door—sometimes he would write letters—I never saw him do anything else—they were letters on business.
HENRY BARRETT LENNARD . I am a bill discounter, carrying on business in Old Broad-street. On 17th June I saw Gordon (referring to a memorandum)—I discounted two bills of Grimble and Co. and Howell and Hale, amounting together to 2,648l. 9s. 7d.—I gave a cheque on account for 2,600l. on the Union Bank of London—this is the cheque—I gave it into Gordon's hand—he asked for an open cheque, and I handed him an open cheque—that is without any banker's name across—it is always my custom when giving an open cheque to make the person who receives it put their initials at the time, and he has written the initials "D. and G." at the back of this cheque—he did that in my presence—the cheque has been paid—it is dated 17th June.
Cross-examined by MR. BODKIN. Q. I believe you had frequently discounted bills for Gordon before? A. Oh, yes.
Cross-examined by MR. CHAMBERS Q. And many times given open cheques, had you not? A. Not usually—we had many transactions with him—it is possible we may hare given it before, but it is not our usual custom—I cannot say to what extent we had discounted for the house for the previous six months—we had done so for many years, to many thousands of pounds—they were large transactions—there was nothing peculiar in this affair.
MR. BALLANTINE. Q. Bui it enabled him to get it paid the same day? A. Yes; it would not go through the clearing house.
MR. CHAMBERS. Q. The joint stock banks do not go through the clearing house, do they? A. They did not then, but now they do, the same as private bankers—they did not bank with a joint stock bank.
COURT. Q. If you had crossed it, how would it have been paid? A. It would have been paid into their bankers, and their bankers would have sent in the course of the afternoon and presented it—there would hare been an interval of time—their bankers were Barnetts—it would hare been sent at a particular hour in the day;
WILLIAM GRAHAM . I am a member of the 'firm of Nicholson and Co., of St. John-street, rectifiers. On 17th June, 1854, we received from the prisoners fifteen pipes of British plain spirits—we expected them—the invoice price was 100l. a pipe, or a little more—it was altogether l,600l.—I paid on the same day to Mr. Eves a cheque on Glyns' for 500l.—at that time they owed us a large sum of money, and still do—I did not give them a cheque for tie real balance—it was towards a delivery of spirits that was ordered for the Monday—it was towards a future delivery, in advance—they owe us about 19,200l.—we wrote that off as a bad debt, and there was a bond of 1,000l.—we expected a further delivery of twenty pipes on Monday, the 19th; it did not come.
Cross-examined by MR. CHAMBERS. Q. Have you got your books here, so that I can see the nature of the transactions by which you arrive at that balance? A. No, I have no books here, they are at home—I got the information by which I struck this balance, from our books—I do not keep the books, Mr. William Nicholson, jun., does—we had been dealing with Davidson and Gordon ever since Aug., I think it was, or some time in 1853—I can scarcely give you an idea of the extent of our dealings with them per annum, very likely at the rate of 150,000l.—I know nothing of the transactions with reference to the balance, except what I have been informed—I was never present—the transactions were between Mr. Nicholson, or his nephew, and Mr. Gordon—I cannot tell the terms on which they death, I was not present—I think I only saw Mr. Davidson at our house once; I recollect seeing him there once—no doubt a very large distillery like that which they carried on at West Ham would require enormous funds from week to week to support it.
MR. CHAHBERS. Q. What are you reading from? A. An extract from our books—I have not got the books here (the Witness was directed to fetch the books.)
EDWARD M'KBAK . I am a clerk to Messrs. Glyn, bankers. On 17th June, I paid a cheque of Messrs. Nicholsons—I have the books here in which the entry of the transaction was made at the time—I made it myself, it is my own handwriting—I paid the cheque in one Bank of England note for 500l., No. 12113, dated 13th Jan., 1854—this (produced) is the note.
PHILIP HECKE . I am one of the firm of Hecke Brothers, of No. 35, Seething-lane, Tower-street I have here a Bank of England note for 500l., No. 12047, dated 13th Jan., 1854—I received it in two halves—I believe I received the first half on 28th or 29th June—I have the letters to show when I received it—the other half I received on 1st July—they came by post in the usual way, from my bankers, at Brussels—I have the two letters in which they came—they have the Brussels post mark upon them.
DANIEL BAILEY . I am a clerk to Kraeutler and Mieville, No. 12, Angel-court, Throgmorton-street. I have a note, No. 12048, for 500l., dated 13th Jan., 1854—I received it in two halves, in letters from a correspondent at Antwerp—the first half on 17th June, and the second on the 28th.
CHARLES KRAUSS . I knew a person named Goodcheaux, a merchant, in Charlotte-row, Mansion House—he is dead—I know his handwriting—this is his signature to this deposition (the following deposition of Mark Goodcheaux was here read—"I am a merchant at Charlotte-row; I received the note, No. 12046, from Wiengens, of Aix la Chapelle; it was enclosed in a letter from Wiengens")—we got that note on 26th June; here is the letter in which it came—Mr. Wiengens is not here, he lives at Aix la Chapelle—(MR. BALLANTINE stated that they had been unable to procure the attendance of Mr. Wingens)—I did not myself receive this letter—I was present at the office when it arrived, but I do not recollect it—there is a memorandum on the note in the handwriting of Mr. Lazarre, Mr. Goodcheaux's former partner.
GEORGE LEGO re-examined. I have now got my book, the entry is in my own writing—I paid the 2,600l. cheque in five 500l. notes, Nos. 12046-7-89-50, dated 13th Jan., 1854, and one 100l. note; I paid it on 17th June—I cannot tell who I paid it to—I should say I paid it after 3 o'clock in the day—it was towards the end of the day's work, and we close at 4 o'clock.
JOHN FOSTER HEMSLEY . I am a solicitor, and am acting now for the defence of Mr. Gordon, who has been known to me for a long time. I was acting professionally for Mr. Gordon, on 17th June, 1854, and also for Mr. Davidson—I saw them on that day, between 4 and 5 o'clock, together—I received a sum of money from one of them—I paid it over to the assignees—I did not pay it all over—I received I think 1,700l., and I paid over I think 1,250l.—T cannot tell the day on which I paid it over, it was within the time limited by the Bankruptcy Act—it may have been 11th Aug.—I do not recollect the date—I handed over the same notes—it was in bank notes—that was after I learned of the adjudication in bankruptcy—I gave it to the official assignee—I did not see the bankrupts after 17th June, until April last, when they came back.
JAMES PREHN . I am a merchant carrying on business in London. I know the prisoners by sight—on Saturday, 17th June, 1854, I went down to Dover by the train, and crossed over to Ostend in the mail boat at 11 o'clock at night—I saw Davidson and Gordon on board before they arrived at Ostend—I had not seen them in the railway before.
Cross-examined by MR. CHAMBERS. Q. Can you tell me the distance from Antwerp to Ostend? A. I cannot give You the miles, it takes about three hours by rail—it is not necessary to go to Antwerp first in order to get to Brussels—it takes about two and a half or three hours to go—you can get from Ostend to Aix la Chapelle the same night.
JOHN MARK BULL . I am one of the officers attached to the London police. I was instructed to follow Davidson and Gordon—I left England on 4th Sept., 1854, and went to Neufchatel, in Switzerland—I saw Gordon there in Nov., 1854—I had heard of them at one or two places before—I
was not able to take them into custody in consequence of the law of the country—after that, from information I received, I went to Malta; the prisoners were apprehended previous to my going there—I arrived there on 2nd April this year—I had come home in the meantime—I went with a warrant from Mr. Alderman Farebrother, which the authorities there held to be illegal—I found the two bankrupts there in custody—they were discharged by Mr. Arthur, the Magistrate there—they afterwards embarked on board the Indus—I embarked in the same ship, sod accompanied them till they got to Southampton, and upon their landing there they were taken into custody, and brought up to London.
COURT. Q. I suppose they knew of your being there? A. Oh, yes—they voluntarily came to Southampton—that was on 20th Aug.
MR. BALLANTINE. Q. Had an application been made to the Governor previous to their leaving the colony? A. There had—they had been under my surveillance, and ultimately they intimated their intention not to struggle with me any longer, they should come over—both of them said that—they were taken into custody by Hackman, the officer.
Cross-examined by MR. CHAMBERS. Q. They could have got away on the voyage, could they not, at Gibraltar, and got into Spain; you had so power to stop them? A. No, no legal power, but I should have followed them.
MR. BALLANTINE. Q. Should you have left them? A. Certainly not—if they had gone into Spain, I should have gone too.
COURT. Q. Then in fact they chose to prefer your warrant to your company? A. Yes—the Indus was bound for England—it is the regular Southampton packet.
CHARLES JOHN ROBINSON re-examined. On 27th April last I was at the Court of Bankruptcy—the bankrupts were brought up for examination (referring to the proceeding)—I see here a declaration signed by Davidson, required by the Act, and also a declaration signed by Gordon—Dayidson was examined—I have the examination here—I took it down myself—(reads)—"Did you, on 17th June, 1854, receive from Messrs. Bennison and Co. 2,648l. 9s. 6d.? I am not at all aware of it, for the fact is I had so little to do with the matter that it is of no use referring to my books. Do you wish for further time to see such books, as the assignees will permit you to see? Yes, and I will then answer to the best of my ability"—The examination was then adjourned until 3rd May—Davidson was then again brought up to be examined—this is it—"Were you at Neufchatel, in Switzerland, in Jan., 1855? I must decline to answer any question at present, because I am advised that the proceedings in the bankruptcy are informal and irregular, and that I am not therefore now bound to make any disclosures; and I decline for the further reason that criminal proceedings have been commenced against me, and that other proceedings of the same character are threatened with reference to matters connected with this bankruptcy, and by submitting to be examined 1 may be compelled to disclose that which may be used against me is such criminal proceedings. Have you any further answer to give to the question that has been put to you? No, Sir"—Gordon was examined on both occasions, just the same on the 17th and on 3rd May—he declined to answer on the same grounds and in the same way.
Cross-examined by MR. SERJEANT BYLES. Q. They were brought from Newgate in custody I believe? A. I believe so.
(MR. BARON ALDSRSON was of opinion, that it would be wrong to ask the Jury to infer anything against the bankrupts from the fact of their declining to answer the questions then put to them; it would be a violation of the privilege possessed by every man, not to say anything that might tend to criminate himself. MR. BALLANTINE contended that by the terms of the Bankrupt Act the bankrupts were bound at that time to account, and so strongly did Lord Eldon entertain the same view that he had used the remarkable expression that a bankrupt was bound to answer, even if in so doing he put a halter round is neck. MR. BARON ALDERSON could not concur in that view.)
MR. CHAMBERS. Q. What are you reading from? A. This is a warrant granted by two county Magistrates for the recovery of duties—it is not a writ of extent—it is dated 20th June, 1854, and is for 14,846l. 15s. 2d.—I know of my own knowledge how much was due—I recovered it after I was before the Magistrate—when duties are due, and are demanded and not paid on demand, we can go before a Magistrate and get a warrant.
MR. BALLANTINE. Q. Had you demanded any duties of Davidson and Gordon? A. Yes, on 19th June—I was ordered by the Commissioners to demand it—I have not got any cheques of the bankrupts in my bands that have not been paid—a cheque for 2,070l. was given to me on the 17th—it was a crossed cheque upon the Bank of England, and I enclosed it in a letter of advice to the chief cashier of the Bank of England by that morning's post—I had no other cheque of theirs—I had not made any application to Davidson and Gordon for duties before the 17th—we do not give any credit—I received the cheque for 2,070l.—it has not been paid—here is a cheque for 1,600l. dated 12th June, one for 2,400l. on 14th June, and one for 1,200l. on 17th June—they amount to 7,270l.—I only received this one for 2,070l.
Cross-examined by MR. SERJEANT BYLES. Q. When did you present it? A. On 17th June, at 3 o'clock—the answer I got was, "Refer to the drawers"—I was not told that an attachment had just been lodged—no season was given—they would not pay the cheque.
Cross-examined by MR. BODKIN. Q. Was it stated that an attachment was lodged? A. No, they did not make that observation—I did not learn that at the banking house.
Q. At the time they left the country what was the amount of their debt to you? (MR. CHAMBERS objected to the question; he could not see how such evidence could apply to the present issue. MR. BALLANTINE stated that it was with a view to prove the act of bankruptcy. MR. BARON ALDERSON did not think it necessary; the fact of remaining abroad was an act of bankruptcy, and did not appear to be disputed. MR. BALLANTINE did not pursue the evidence further. Mr. James Harvie Linklater was called to prove that he had endeavoured to procure the attendance of Mr. Wiengens from Aix la Chapelle; but upon MR. CHAMBERS stating that he conceded that fact, he was not examined.)
BENJAMIN PRIDE . I was in the employment of Sergeant, Gordon, and Co. Messrs. Davidson and Gordon constituted part of that firm (looking at a book, which Mr. Ballantine stated was found in a box belonging to Mr. Davidson)—it is some years since I saw Mr. Davidson write, fart I believe this to be in his handwriting—(MR. BALLANTINE stated that this book was headed, "Ostend, June 19," and that it contained items of expenditure from that period, at different places on the Continent, including Liege, Verviers, Aix la Chapelle, &c., but made no mention of Antwerp or Brussels.)
EDWARD HART . I am chief clerk to the official assignee in this case. I have had charge of the bankrupts' books since their bankruptcy—I have searched those books—I have them here—I have not come across any entry of the transaction that has been spoken of, of the cheek front Grimble's—I have not looked for that purpose (referring)—I do not see any entry on 17th June under that name, nor of any money received from Howell and Hale on that day, nor from Nicholson's.
COURT. Q. Then there are no traces in the bankrupts' books of these bills? A. No—the cash book ought to show the receipt of money.
Cross-examined by MR. SERJEAWT BYLES. Q. Just look at the bill book, do you act see both Grimble's, and Howell and Hale's bills there under the date of 17th June? A. Yes—this is the bankrupts' bill book.
MR. BALLANTINE. Q. But you find no trace of the cash received A. No, it is not in the cash book.
CHARLES WALKER re-examined. I was acquainted with these bills that were obtained on the 17th—I entered them on 17th June—I did that in the ordinary way of business—if monies or cheques had been obtained upon these bills it would have been my duty to enter them in the cash book—in the ordinary course of business they ought to have been so entered—I do not know of any money that has been received on account of them.
Cross-examined by MR. SERJEANT BYLES. Q. The signatures to the cheques put in are in the handwriting of Gordon, I believe? A. I believe so, I have not seen them to day.
Cross-examined by MR. CHAMBERS. Q. Did you keep the cash book? A. Yes—when money was brought I entered it immediately—if it had been brought on the Monday I should have entered it on the Monday—I generally entered the payments on the same day—if I did not know exactly to what account to put those payments I might wait until the following day. This being the case for the prosecution, MR. BARON ALDERSON wished to know what was the act of embezzlement relied upon, committed in the country MR. BALLANTUTE submitted that as embezzlement consisted partly of the misappropriation of money, and partly of the neglect to account, although he could not, from the nature of the evidence, show conclusively that the notes in question were misappropriated in this country after the adjudication, yet the neglect to account, would bring the prisoners within the offence charged; it being their duty to account to the assignees, which they had never done. MR. SERJEANT BYLES contended that even if all the notes had been satisfactorily traced, no offence would have been proved within the jurisdiction of this Court; in order to constitute the present offence, it must be shown that they embezzled the notes in question after being adjudged bankrupts; in this the evidence failed, for it appeared that the adjudication was on the 21st, and before that, viz., on the 17th, the prisoners were abroad; he further contended, on the part of Davidson, that although he was civilly responsible far for the acts of his partner, he was not criminally so, and that the evidence affecting him was not sufficient to go to the Jury. MR. BALLANTINE here stated that he had just been put in possession of another important piece of evidence relating to the notes, which he begged to be allowed to tender; after some hesitation the COURT permitted it to be given.
EDWARD HART re-examined. I have a memorandum made on the Tuesday that the notes were given, Mr. Hemsley handed them to me—this paper was taken from the desk and the notes copied down before they were paid into the bankers, it is in the handwriting of one of our clerks—the endorsement is by me—I compared the notes with the list at the time—the Nos. of the 500l. notes that I saw were 12,049 and 12,050, dated 13th Jan. 1854—they were delivered to me by Mr. Hemsley.
MR. CHAMBERS, in. addition to the argument of MR. SERJEANT BYLES, submitted that as it was necessary that an embezzlement to the extent of £10 should be established, if the bankrupts expended, in different sums, amounts each below that, it would not be sufficient to sustain the present charge. MR. BALLAMTINE, in reply, urged that although the embezzlement of the notes after adjudication could not be proved, yet the proceeds of those notes being, strictly speaking, the property of the assignees, the appropriation of the proceeds, in whatever coin, would be an embezzlement on the part of the bankrupts; and he should apply to the COURT to amend the indictment to meet that state of things, it being a mere point of form, and not of substance. MR. PARRT suggested that this could not be done, as in Beg. v. Bond it was held that some definite coin must be fixed upon. MR. BALLANTINE did not consider it was necessary in this case; but it would be quite sufficient to allege that certain foreign money was embezzled, to wit, money of France or Germany, of the value of so much. MR. BARON ALDERSON was of opinion this would be an amendment of something material to the merits of the case,' and therefore it could not be made. MR. BALLANTINE, with reference to the question of jurisdiction, referred to the cases of Reg. v. Milner, 2 Carrington and Kirwan, and Rex v. Taylor, Russell and Ryan, p. 63; and Murdock's case, 2 Denison and Pearce, p. 298; he contended that the place of embezzlement was the place where the assignees were residing at the time they were, deprived of their property, and the place at which it was the duty of the bankrupts to account; and, if so, the offence alleged was brought within the jurisdiction of this Court. MR. BARON ALDERSON was of opinion that no offence had been committed in this country; the whole offence was committed abroad; there was no knowing at what time the notes were changed; they might have been changed before the adjudication; and, if so, they would have been lawfully changed, and no offence would be committed; but there was reasonable evidence to show that, if changed at all, they were changed for goods and chattels, that was to say, Belgian, French, or German money; and when that may hate been, there was no evidence before the Court. MR. JUSTICE COLERIDGE was of the same opinion; if what was proved to have been done abroad had been done in this country, the crime would have been completed at once, and it would not have been necessary for the prosecution to give any evidence of non-accounting; the case would have been sufficient without that; the accounting would only have tome, on the part of the prisoners, as a defence, to show, co-animo, that the acts were done abroad; independent of that, the acts carried their own intention with them; where an act was incomplete or indifferent in itself, it might be necessary afterwards to complete the case by showing a non-accounting, but where the case was complete in itself, the non-accounting after-wards could make no difference. Mr. BARON ALDERSON was further of opinion that it was exceedingly doubtful whether the spending of money from day to day, not amounting in any one turn to 10l., could be put together so us to form an aggregate amount: he was strongly of opinion it could not; and there again occurred the same difficulty, viz., that it was done abroad.)
The Jury were directed to find a verdict of
NOT GUILTY .
(The prisoners were tried again the following day upon another indictment, far which see page 205.)
NEW COURT.—Wednesday, December 19th, 1855.
PRESENT—Mr. Ald. CUBITT; Mr. Ald. MUGGERIDGE; and Mr. RECORDER.
Before Mr. Recorder and the Fifth Jury.
PLEADED GUILTY . Aged 18.— Confined Twelve Months .
120. JOHN SMITH, JOHN MAHONEY, EDWARD LAWRENCE, MARY ANN FOLEY , and EMMA SHAW , burglarious breaking and entering the dwelling house of Benjamin Boulder, and stealing 1 iron chest, 1 wine warrant, and other articles, value 200l. 15s., his properly.
MR. PATHS conducted the Prosecution.
BENJAMIN BOULDER . I keep the Marquis of Granby public house in Cando's-street, in the parish of St. Martin's-in-the-Fields, at the corner of Bedford bury; I live there. On Tuesday, 13th Nov., I went to bed about half past 10 o'clock at night—I was awoke in the night, I think, between 1 and 2 o'clock by a noise like a window opening—I left my bed and went to the staircase—I listened some minutes, and not hearing any more I thought I must be mistaken—I went back to my bed—I was awoke again in about a quarter of an hour by a cracking and breaking noise—I went again to the door at the top of the stairs and fancied I heard some one on the stairs—I said, "Charles, is that you? who is there?"—Charles is my barman—not hearing any more noise I said, "It is a good thing I have got my gun loaded"—I said that aloud, any one might hear—I heard no answer—I saw that the window had been let down to let the steam or the gas out—I put up that upper part of the window, and directly I heard a quick step in Taylor's buildings—that window looks into Taylor's-buildings—I heard a man singing "Hail, a milling morn!"—I thought I knew the voice—I thought it was Mahoney's—he was going with a quick step, and with thick shoes on—I listened again for about ten minutes—I thought I must be mistaken, and that the noise I heard must have been in the court, and not in my house—I went to sleep again—about 5 o'clock in the morning the policeman rang the bell—I went to the window—the policeman said, "Do you know the door is open?"—I said, "No"—I went down and found the back door open which leads into Taylor's-buildings—that door is two or three yards from the door leading to the bar—that door leading to the bar had been broken open by a
chisel, or some instrument—the woodwork had been cut away, so that they could draw the lock through without turning the bolt back—I went into the bar, and the first thing I saw was the cigar case empty, and two or three cigars lying about the counter—there had been about 2lbs weight taken away—I went into the bar par lour and saw my writing desk had been forced open—there had been only two drawers in it locked, and they had been forced open—they had lifted up the top of the desk, so that they could draw the top drawer out—the other drawer they had broken all to pieces, but not open—from a drawer that was not locked I missed afterwards a shawl, which I had seen safe about 9 o'clock the night before—I had kept it there on purpose to throw over my head when I lie on the sofa—I hare a till in the barm which was kept about 10s. in silver, and 5s. in copper—the till was open, and the bowl in which the silver was kept lay under the counter—to open the till, the woodwork had been cut away, and the bolt put down—I went into the par lour and found the iron chest had been taken away—it had contained various documents, Dock warrants for brandy and wine to the amount of about 195l., leases, and other things, worth altogether about 3,000l—I should think it weighed nearly 2 cwt—I could lift it from the ground—it had two handles, two persons could carry it—I can get the brandy and wine by making an affidavit—I have seen Smith, Mahoney, and Foley in my house several times, both together and separately.
Cross-examined by MR. LILLET. Q. Have you seen Smith come in with Mahoney and Foley? A. Yes—they have been in my house twenty or thirty times—they have been at the bar, I have no taproom.
Croat-examined by MR. METCALFE. Q. Had you seen Mahoney that night? A. No—I never heard him sing "Hail, smiling morn!" in the house, but I knew his voice—I have seen him as I have seen another customer—I never saw him drunk—the iron chest was about two feet wide and eighteen inches deep.
Cross-examined by MR. SLEIGH. Q. You have seen Foley come and drink like other persons 9 A. I have seen her, perhaps, thirty times—I have not kept the place above six or seven months—I suppose it was a public house before I had it.
Lawrence. Q. Did you see me in the place, or near the place? A. I never saw you or Shaw before.
COURT. Q. How long have you known Mahoney? A. I should say six weeks or two months, he comes in as a customer—I never spoke to the man above twice in my life—I knew his voice by hearing him speak in the house—I never had any conversation with him—he had been there several times—I thought it was Mahoney's voice that I heard, and I mentioned it next morning before Mahoney was mentioned to me, before the police told me who they had seen.
CHARLES WILLIAM BENTLEY . I am barman to Mr. Bolter. I was the last person up on the night of 13th Nov.—I went to bed about half-past 12 o'clock—I locked and barred the premises—I locked and barred the door leading to Taylor's-buildings, at 10 minutes before 12 o'clock—I locked the door leading to the bar—there was 15s. in silver and copper in the till—I saw the till locked up by my mistress, Mrs. Bolter—while I was shutting up the place the prisoners Smith and Mahoney, and another man who is not In custody, came in and called for a pint of ale, which came to 2d.—they drank it, and stayed about ten minutes—I thought Mahoney seemed a little intoxicated, Smith was perfectly sober—they appeared to be in close conversation together—they went away, and I shut up.
Cross-examined by MR. LILLET. Q. How long have you been barman there? A. About seven months—I have seen Smith come in, not very often—I regularly serve in the bar—I might have seen him twenty times.
MR. PAYNE. Q. Did you miss any gin the next morning? A. Yes; about three gallons out of the casks—a quantity of cigars—an iron chest, and some pound cakes, small heart cakes with currants in them.
BENJAMIN BOULDER re-examined Q. Is there a kitchen window at your house? A. Yes—when I went to bed it was shut down, but it might not have been fastened—it is on the first floor—it opens on to the balcony—it was shut when I went to bed—supposing a person to have opened it, and got in, they could have gone down and opened the street door from the inside—the door which leads to Taylor's-buildings must have been opened from inside.
COURT. Q. Is that balcony at the front? A. It is the whole front of the house, about half a yard high all round from Taylor's-buildings to the end of the house, and there is a ledge run across the court at the top of the fascia—if anybody got along the ledge they could get on the balcony, and to my window.
ELIZA BOULDER . I am the wife of the prosecutor. I remained up after my husband went to bed, on the night of 13th Nov.—I went to bed about 5 minutes past 12 o'clock—I did not leave the barman up—I always go to bed last—I was in the bar when the barman was shutting up—I saw Smith and Mahoney come in with another man—the barman served them with a pint of ale—it came to 2d.—I looked up at the clock, and said, "Gentlemen, it is 12 o'clock; we always close at 12 o'clock"—Mahoney said, "All right, Mrs. Bolter"—I went to the other end of the bar, and came up again, and he said to me, "Good night, Mrs. Boulder"—I did not go into the kitchen after my husband had gone to bed—I looked in the kitchen—I did not see whether the window was down—I saw that the lower part was all safe—I went round a second time—I was disturbed in the night—in the morning I missed a good many pound cakes with currants in them, and likewise some spirits.
MARK ROSE (police sergeant, F 38). On the night of 13th Nov. I was on duty in Bedford bury—I know Taylor's-buildings—I saw all the prisoner at the corner of the Marquis of Granby public house at 12 o'clock—I expect they saw me, and they went away into Cando's-street—they were doing nothing but standing at the corner—at 1 o'clock I saw Smith, Mahoney, Foley, and Shaw, but not Lawrence, standing at the same place—I saw a ladder standing in Bedford bury at the house adjoining the prosecutor's—Mahoney went three or four steps up the ladder—I went towards them, and Mahoney came down and ran away—I walked up to them, and Smith and another man said, "Don't take any notice of him, he is drank"—I know that other man—I do not know his name, Lutcher is his nickname—at half past 3 o'clock I saw all the prisoners, except Lawrence, in Taylor's-buildings, which is immediately behind the Marquis of Granby—Foley and Shaw were in the passage of a house in Taylor's-buildings, three or four doors from the Marquis of Granby—Smith ran in there while Foley and Shaw were in the passage—he had been standing by when I came into Taylor's-buildings, and he left, and went in at that doorway—I heard a noise of a person going up stairs—I said to the two females, "Who is that gone up stairs?"—they both answered, "No one"—I said 1 knew there was, I heard them go up, and 1 insisted on going up—the two females stood on the stairs to prevent my going up, and they offered me some gin out of
a bottle—Foley had the bottle—they said they lived there, and I was not to make a noise—I insisted on going up—I went up, and found Smith on the top landing—I believe there are three floors—I searched him, but found nothing on him—I brought him down to the passage, and said, "Now you go home, Smith"—he went one way, and the females another—I have seen Smith, Mahoney, Foley, and Shaw together repeatedly, at all times—I saw Mahoney at half past 3 o'clock, he was standing a little farther up the buildings with Lurcher—when I came down with Smith, Mahoney was gone—when I saw Mahoney, he was singing "Hail, smiling morn!"—he was singing it loud, but no tune whatever; not like singing—I took Mahoney into custody on 16th Nov. in a public house, in Great May's-buildings, Bedford bury, about half past 12 o'clock at night—I said he was charged with a burglary at the bottom of Bedford bury—he said he knew nothing about it—I said, "What were you doing when you were coming through Taylor's-buildings at half past 3 o'clock?"—he said, "Nothing"—I said, "Were not you singing?"—he said, "I own I was singing, but I was very drunk; I did not know what I was doing"—when the charge was being taken at the station house, he said that he slept at No. 9, Turner's-court, Bedford bury—I did not see anything more of Smith till I took him into custody—I was watching at Cerkenwell House of Detention on 1st Dec.—all the prisoners were there except Smith—a female came there to inquire after Foley, and after that female left I followed her—she went up St. James's-walk—when she got to the top she was joined by Smith—that was the first time I had seen him since the night of 13th Nov.—I took him into custody—I told him what it was for—he said he knew nothing about it—at the time I saw Mahoney on the ladder, he appeared to be a little in liquor, but not very much.
Cross-examined by MR. LAWRENCE. Q. It was only when you saw Smith meet the woman that you took him? A. I had-been looking after him—had not got him in custody before—I knew of no charge against him.
Cross-examined by MR. METCALFE. Q. What has become of Lurcher? A. I cannot tell, I should like to know—Mahoney said that he slept at his mother's house that night, No. 9, Turner's-court, Bedford bury—his mother said that he did live there, and I suppose he does—that is about fifty yards from the prosecutor's house—Charles-street, Drury-lane, is a quarter of a smile from there—there is another public house close to the prosecutor's—I think it was under repair—that house was not open after 12 o'clock, I am sure.
Cross-examined by MR. SLEIGH. Q. Who offered you the gin? A. Foley—there were no other women in that street at all—it is a narrow court, it runs into St. Martin's-lane—it is rather a low neighbourhood—it is frequently the case that unfortunate women are about that street at that hour—the back of the Marquis of Granby comes into Taylor's-buildings.
Lawrence. Q. Can you swear you saw me at 12 o'clock? A. Yes—I did not speak to you.
Lawrence. I was in bed at 8 o'clock.
MR. PAYNE. Q. Are you quite sure that Lawrence was there with the others? A. Yes, quite sure—I have seen him about frequently with Smith—I have seen them on the Dials—I have known him and seen him for three or four months—there were no other women in the doorway of the house that Smith ran to the top of—Mahoney said he slept at home at his mother's that night—I am quite sure I saw him at 12 o'clock, and at half past 3.
JOHN WEEKIS (policeman, F 157). On the night of 13th Nov. I was on duty in Chadors-street, Bedford bury—I saw the prisoners Smith, Mahoney, and another man, not in custody, Lutcher, standing at the bottom of Taylor's-buildings, close to the Marquis of Granby—Mahoney was standing against a ladder which was against the adjoining premises—I had seen Foley about 1 o'clock at the corner of Si Martin's-lane; she spoke to me, and asked if I could tell her where there was a house open where she could get some gin—I told her if she went up St. Martin's-lane, I had no doubt she would find a house open at the corner of the Hop-garden—she ran up St. Martin's-lane, and I saw no more of her—at half past 5 o'clock I found the back door of the Marquis of Granby open, in Taylor's-buildings—I rang the bell—I entered the house, and found the bar door broken open; that is in Taylor's-buildings, Bedford bury—I was trying the door—it was closed, but when I shoved it, the door flew open—a person might have passed it, and not observed that it was open, without they tried it.
COURT to MASK ROSE. Q. Did you peas the back door at half past 3 o'clock 9 A. Yes; I tried the door, it was quite right then—that was the time I saw Smith go up stairs—that was the time I tried the door, it being my time to go off duty at 4 o'clock—I tried the door before I left—Week's took that beat after me—I am sure the door was safe at half past 3 o'clock.
Cross-examined by MR. LAWRENCE. Q. Where was Smith? A. On the top landing, as high as he could go—it is a poor lodging house—all the doors in that court are open—I saw him go into the house out of the court—when I saw him he was standing up.
GEORGE GODDEN (policeman, F 128). My beat is in Charles-street, Drury-lane—I know Smith—I saw-him at half past 4 o'clock in the morning of 14th Nov.—he came out of Long-acre, and went down Charles-street into No. 13—I know he was living there with Foley, in the second floor front room—I had been on duty in that neighborhood, and had seen him go in and out there.
Cross-examined by MR. LAWRENCE. Q. A good many men and women lodge in that house? A. Yes—I saw Smith that morning come from Long-acre, and go down there—knowing his character, I generally watched him when I saw him—the constable came to me about 9 o'clock, and asked where Smith lived.
MR. PATHS. Q. How long have you known him? A. Twelve months—I have done duty there the last three or four months—1 am sure it was him.
ROBERT M'KENZIE (police inspector). On the morning of 14th Nov. I was on duty in Bow-street station, when the prisoners Foley, Shaw, and Lawrence were brought in; they were in a state of drunken insensibility—they were detained till 6 o'clock in the evening, when they were sober—I then told them they were charged, with others, in committing a burglary in the prosecutor's house, in Bedford bury—Foley said she had been out all night drinking in Holborn, and she did not return home till 2 o'clock—Shaw said she had been drinking at the Bell public house in the Strand, and had not been in Bedford bury all night—Foley also said that she had not been in Bedford bury at all—Lawrence said that he had slept at his aunt's, at No. 44, Dudley-street, in the second floor back room, and his aunt's name was Jacobs—the females gave their address at No. 13, Charles-street, Drury-lane, and they said that the boy Lawrence was in the same room with them—on the evening of the 16th I went to the Marquis of
Granby, and examined the premises—I observed a ladder which was placed against the adjoining house, which is being painted down, and there is a ledge, about eight inches wide, which runs along the face of the adjoining premises in Bedford bury, and that joins to the balcony of the prosecutor's house—I observed marks on that ledge, and on the wall which was fresh painted—the dust was rubbed off the ledge which led to the prosecutor's—there were marks on the wall under the ledge, as if a person had got from the ladder to the ledge—the ledge goes over a gateway which leads to Taylor's-buildings—the adjoining house goes over Taylor's-buildings—the ledge goes to the balcony of the prosecutor's house, only the balcony is six inches higher than the ledge—a large person could not have passed along that ledge; a boy I think could.
COURT. Q. Could they not have put the ladder against the balcony? A. No; it was a very large ladder, and fixed—there was a board tied in front of the ladder at night.
MR. PAYNE. Q. Do you remember Smith and Foley being brought to the station on 1st Oct.? A. Yes; on another charge—they then gave their address at No. 8, Charles-street, Drury-lane, and said they were living together.
Cross-examined by MR. LAWRENCE. Q. The ladder was fixed to the adjoining house? A. Yes—there was a board tied on it, about six feet long—but there was the back of the ladder to go up.
JURY. Q. You saw some marks on the paint? A. Yes; it appeared to me to be a toe mark—not with the hand.
COURT. Q. When was Lawrence taken? A. He was brought to the station about 10 o'clock the same morning—there were marks of whitewash on his coat, and his shoes were covered with whitewash—there was red ochre on his coat, and under the sink at the prosecutor's, I found some party had been there, for a portion of the coloring had been rubbed off, and that exactly corresponded with what was on the boy's coat; and there was the appearance of common white wash—there was no paint on his shoes—the paint near the ledge was set—there was no wet paint.
Cross-examined by MR. SLEIGH. Q. These women were drunk when brought to the station? A. Yes—the address they gave was the address at which they were taken.
HENRY ATTWOOD (police-sergeant, F 152). I went to No. 13, Charles-street, Druiy-lane, on the morning of 14th Nov.—I went into the second floor front room—I found Foley and the boy Lawrence in bed, and Shaw was sitting on a chair very drunk—Lawrence was vomiting—I looked at the vomit—it contained some currants, and some other substance, but what I could not ascertain—I said to Foley, "Whose room is this?"—she said, "Ours, to be sure"—I searched the room, and in a cupboard I found these cigars tied up in this apron—I inquired whose apron it was, and Shaw said, "It is my apron"—I found this shawl, which I produce, on the bed—I asked Foley whose shawl it was—she said, "It is my shawl"—she was about to put it on as she was coming down, and she dropped it on the stairs—I picked it up—when she got to the door, she said, "Mrs. Smith," (who is landlady of the house), "I wish you would give me a dark shawl for this light one"—I told her she would not have the shawl at all, I should take her to the station without one—I know that Smith and Foley cohabited together——I have seen them as being companions of each other.
Cross-examined by MR. SLEIGH. Q. You have seen them so frequently together, that you have no doubt he was keeping her? A. I believe so—where these women were living is a common place, where men go to visit
females—it is a low lodging house let out in apartments—other women live in the same house—I believe there are men taken there by these women—Foley and Shaw were helplessly drunk—Foley and Lawrence were in bed—Foley had her clothes on—this shawl was on the bed, it was not folded up—I did not find any other shawl in the room—Foley and Shaw appeared to be asleep—I sent to the station for assistance, and removed them as soon as I could—this was about 9 o'clock in the morning—the boy Lawrence had his clothes on—he was in such a beastly state of intoxication, he could not be examined.
BENJAMIN BOLTER re-examined. I had cigars of precisely the same quality as these—here are three or four sorts—t have some of each of the same—I missed the same quantity, and the same kind—this shawl I can swear to—I have had it eight or ten years.
(Esther Jacobs, the aunt of Lawrence, stated that he had lived with her the last four months, and had been a good boy, but the did. not know how many times he had been in prison.)
SMITH— GUILTY . Aged 30.
MAHONEY— GUILTY , Aged 23.— Four Years Penal Servitude .
LAWRENCE— GUILTY . Aged 14.
FOLEY— GUILTY . Aged 25.
SHAW— GUILTY . Aged 22.
Confined Eighteen Months .
(Smith and Lawrence were further charged with having been before convicted.)
JOSEPH BUTCHER (policeman, B 109). I produce a certificate of Smith's conviction (Read: Central Criminal Court, William Florence, convicted, Aug., 1848, having been twice before convicted: Transported for ten years)—the prisoner is the person.
SAMUEL ROBERT FOULSHAW . I am an officer of the House of Correction. I produce a certificate of the conviction of Lawrence (Read: Westminster Sessions, Edward Lawrence convicted, Aug., 1854, and confined six months) I took him to the place, and know that he served his time there—he had been in prison previous, and he had three months last April, and two months last Aug., in the name of Jacobs.
SMITH—GUILTY.— Transported for Twenty Tears .
LAWRENCE—GUILTY.— Confined Twelve Months .
MR. J. W. PAYNE conducted the Prosecution.
WILLIAM MALOY (police-sergeant, H 4.) I took the prisoner from the prosecutor, on Friday evening, 30th Nov.—he was charged with uttering this forged 5l. note—he said he did not know how he got it—on the way to the station, I asked him when he was paid—he said, "Last Saturday morning"—I said, "How much did you receive?"—he said, "11l. 15s. 7d"—I said, "Did you receive any 5l. notes in payment?"—he said, "I don't know?"—I said, "Recollect, because I shall make inquiry, and shall ascertain whether you did receive any 5l. notes"—he said, "Well, I did not; I received a 10l. note, I think, and a sovereign, a half sovereign, and 5s. 7d. "—I said, "Where have you been stopping? where have you been lodging?"—he said, "I stopped with a girl in Little Grove-street"—I said, "What number?"—he said, "That is no matter; it is no use your going there; whoever it is she knows nothing about it"—I said, "As you were not paid off with any 5l. notes, how came you possessed of this?"—I had at that time
the forged note in my hand—he said, "I don't know how I got it nor where I got it."
COURT. Q. Did you tell him what he said would be mentioned? A. Yes, I cautioned him—the Bank has refused to prosecute this case—the landlord is the prosecutor.
NOT GUILTY .
MR. METCALFE conducted the Prosecution.
LEWIS FREDERICK EDWARDS . I am a solicitor, and am in partnership with my brother, in Southampton-buildings. On 4th Dec., about 2 o'clock in the day, I was in Cheap side, waiting to see the King of Sardinia pass—a great number of persons were there—I felt a pressure on me, and a pluck at my watch chain, and immediately I found my watch was gone, and the chain hanging down—the prisoner was pressing upon me—he was quite close to me, in front of me—there was another man close to him—they were actually in collision with each other; and there was another man, and two women—I took hold of the prisoner, and said, "You have stolen my watch; you have taken my watch"—he said, "No, I have not; I-am the wrong man; I have not taken it"—I do not think he pointed to any one—I then seized the other man—I afterwards let the second man go, and took the prisoner again, and gave him into custody—I saw the handle of a watch was lying at the prisoner's feet, on the ground—my watch was worth more than 10l.—I have never seen it since.
GEORGE WILLIAM ATKINSON . I am between fourteen and fifteen years old; I live with my mother, and work at a card board manufacture. I was out to see the King of Sardinia coming—I saw Mr. Edwards—I saw the prisoner put his hand to his pocket, and move his hand about, and take a gold watch out, and hand it to one of the other persons—there were four other persons there altogether—I know it was a watch, because I saw it in the prisoner's hand—I saw Mr. Edwards seize the prisoner not half a minute after he had the watch—the prisoner said, "It is not me," and he let him go, and seized hold of the man that had the watch, the man that the watch was handed to—Mr. Edwards then seized the prisoner again—I saw the ring of the watch drop from the prisoner's hand, and Mr. Edwards picked it up—the prisoner was standing just in front of Mr. Edwards.
Cross-examined by MR. PAYNE. Q. Where were you standing? A. Close by the side of Mr. Edwards—I was nearest to Mr. Edwards—the prisoner had both his hands by his pocket—he had the watch in his right hand—I was at the right hand side of Mr. Edwards, close to him, when he let the prisoner go and took the other man, and when he let go the other man and took the prisoner again—I told him he had let go the man that had the watch—I did not speak to the policeman; I spoke to Mr. Edwards—I said, "Mr. Edwards, you have let go the man that had your watch"—I did not know him—I heard his name since—I heard some gentleman call him Mr. Edwards, and I heard Mr. Edwards talking to a gentleman in Cheap side afterwards, and he said his name was Edwards—I work at Bishop and Blundell's, in Old Fish-street—I had been that day to my dinner, at 1 o'clock, and I thought I would come round Cheap side, and see the king—I was to go back at 2 o'clock—it wanted a minute or two then, but the people came in my way, and I could not get out of the street—I was standing by the side of Mr. Edwards all the while, and spoke to him—I do not know what he said—I saw the man take the watch out of the pocket—I saw it in
his band, and saw him hand it to the other man—I saw Mr. Edwards seize first one and then the other, and I saw that man go away—my mother never said, if I could have 5s. I should not appear as a witness—there was another boy gave evidence—that boy was not with me—he was no acquaintance of mine—I never saw him, to my recollection, before—nay wages are 6s. a week—no one said to me, "Follow him, George, and you will get something, and we will halve it"—the man that had the watch went away I n the crowd—Mr. Edwards had hold of the prisoner—he did not go away at all—when Mr. Edwards had hold of the other man, the prisoner did not go away.
HERBERT KNIVES . I shall be fifteen years old next March; I live with my mother, at No. 6, New Wharf-road, Caledonian-road; I do what my father wants me to do; he is a hairdresser. I was in Cheap side at the time the King of Sardinia was expected—I was standing just by the door of the ale house—Mr. Edwards was about to come out—I saw the prisoner snatch at his pocket twice, and I saw him with something in his hand—I could not tell what it was—it looked like a piece of steel—he had the watch in his hand, and I saw something beside the watch—he gave the watch to another man—Mr. Edwards caught hold of the prisoner first—he then let go of him, and caught the man that had the watch—he let him go, and caught the prisoner again, and kept him, and gave him into custody—I saw a ring drop from the prisoner on the ground, and Mr. Edwards stooped down and picked it up.
Cross-examined. Q. Where were you standing? A. Just by the alehouse, in Cheap side, at St. Paul's Churchyard end, but not the same side—Mr. Edwards was just coming out of the alehouse door—the prisoner was close by him—this took place just at the alehouse door, on the pavement—I was about three feet away from Mr. Edwards—there was a man on one side, and two women on the other—Mr. Edwards was just in front of me—the crowd was standing on the pavement—I went and told the policeman, and he came with me—Mr. Edwards had hold of the prisoner when the policeman came—he said he was willing to go.
GUILTY .**† Aged 20.— Four Years Penal Servitude .
THIRD COURT.—Wednesday, December 19th, 1855.
PRESENT—Sir ROBERT WALTER CARDEN, Knt.; Mr. Ald. CARTER; and RUSSELL GARNET, Esq.
Before Russell Gurney, Esq., and the Eighth Jury.
123. GEORGE GABLE, THOMAS JOHNSON, JAMES GABLE THOMAS SWEETMAN , and GEORGE PETERS , burglarious breaking and entering the dwelling house of George Davis, at St. Leonard's, Shore-ditch, and stealing therein 1 iron chest, value 4l.; 1 hydrometer, value 3l.; and 12l. in money; his property.
MR. ROBINSON conducted the Prosecution.
GEORGE DAVIS . I am landlord of the Fountain public house, 88, High-street, Shore ditch; at the back of my house is a sort of court leading into Boundary-street, from whence you get into Collingwood-street, and then into Nelson-street—I do not know Peters, but know the other four prisoners as
living in the neighborhood, but I do not know precisely where—on Sunday, 16th Dec, at 2 o'clock in the morning, I left the premises perfectly safe, and went to bed—I was aroused by a knocking about 3 minutes after 6 o'clock, went down and found the bar par lour broken open, and the iron chest gone—there is a massive inner door to the taproom, a panel of which was cut out, and the lock and two bolts drawn—the persons appeared to have got in by the skylight of the lobby, which had been bolted down with an iron bar, the glass was broken and it was wrenched from the staple—the bar par lour door was broken open and a chisel lay on the table—I missed my iron safe, containing leases, documents, books, a hydrometer, and about 12l. in money—it weighed about 3 cwt., and was about the size of one of those desks on the bench—the back entrance was left open, they had unlocked the padlock with the key which hung behind' the door and let themselves out that way into Boundary-street—I have not seen any of my property since.
JAMES WEST LET . I am a groom in the service of Mr. Rotherham, of Shore ditch. On Sunday morning, 16th Sept., about 5 minutes past 6 o'clock, I saw Mr. Davis's door ajar—I pushed it open and gave an alarm.
WILLIAM HENRY HUGHES . I live with my father at No. 19, Sherwood-street, Bethalto-green. About the middle of Sept, at a quarter past 6 o'clock in the morning, I saw all the prisoners, except Sweet man, in Collingwood-street, two or three minutes' walk from Mr. Davis's—Johnson and Peters were wheeling a barrow with something heavy in it covered with coats, one was in front and the other pushing it—I was standing at the corner of Victory-court, and then at the corner of Nelson-street, and saw them go into a house—I also saw Sweet man standing at the corner of Victory-court, Little Nelson-street—they did not go up to him, they turned to the right and went into Nelson-street, the barrow stopped at No. 32, and they all four went in with an iron chest which they took off the barrow—they afterwards came out with the chest, went into Nelson-street, and went away with the chest on the barrow in the direction of Friar's-mount—neither of them spoke to me.
Cross-examined by MR. HORRY. Q. What were you doing at this time of the morning? A. My father has lost a great many fowls, he knew who it was that took them, and I was sent to look for the boy—when he came my father fired a pistol, and I was to run and catch him—I was watching at the top of the street, about thirty yards from them—nobody came that morning—I first saw the truck sixty or seventy yards from Mr. Davis's house in Collingwood-street, the two Gables were on the pavement—I had seen them many times before—the truck passed me and went thirty yards beyond me—I was about twelve yards from where they took the chest into and could see it, it was not dark—I saw the same four men come out again with it ten minutes or a quarter of an hour afterwards—I next saw Thomas Gable at Worship-street—I had known him before.
Peters. About seven weeks ago you were brought to me and did not know me? Witness. I did not know you when I saw you going across the yard at Worship-street, but when Mr. Evans took me to Coldbath-fielcb and showed you to me with three more, I pointed you out—nothing was done to point you out to me—I cannot tell how it was that I did not know you before—I was close to you; Mr. Evans asked me if I knew you, and I said "No"—I did not know you before the middle of September.
George Gable and Johnson a few doors from where I live—Johnson was pushing a barrow, and Gable was walking on the pathway—there was something heavy on it covered with coats—I saw another one, but cannot identify him—I afterwards saw George Gable and Sweetman going into No. 32, Nelson-street, that was the first I saw of Sweetman—I saw no other men near—I was then about 100 yards from the house in Nelson street—I have seen all the prisoners about the streets—when Sweetman came from Victory-court he made motions to somebody—I had seen him before he went into the house—he was standing there and the barrow was in Collingwood-street, coming towards the Victory public house—he was beckoning with his hand and they went towards him, but I did not stop to see which way the barrow went—I went towards Shoreditch church, down Boundary-street, and looked up Nelson-street, and then saw what I have described—when they went into the house the barrow was pointed out to me outside by Marshall, there was no safe on it then—I did not see the safe brought out—I did not see Thomas Gable or Peters—what was on the truck was about two feet six inches long, and sixteen or seventeen inches high—it was heavy.
JAMES MARSHALL . I am a baker, of No. 8, Gibraltar-walk—I recollect seeing the prisoners on a Sunday morning, I do not recollect the date, I think it was in December—it was about twelve weeks ago—I was at the corner of Nelson-street, about 10 minutes to 6 o'clock in the morning, and saw Thomas Gable and another one who I cannot identify, but I believe it was Sweetman—they came in a direction from Mr. Davis's house and Went into No. 32, Nelson-street, they remained there five or seven minutes; they had caps when they went in and when they came out they had hats, and different coats on—they went towards Mr. Davis's house—I remained in Nelson-street, and about 8 or 10 minutes past 6 o'clock saw four of them come with a chest, covered by two coats, on a barrow—I cannot identify all of them, but I saw Peters and Thomas Gable; they had no coats on—they went with the barrow to No. 32, Nelson-street, took the chest into the house, and the barrow came down the street afterwards—I cannot say who took it, I was at the other end of the street then—I know Thomas Gable, and Peters I have seen in the street.
WILLIAM THREDGOLD . I am a baker, and live in Kingsland-road—I recollect seeing the prisoners on a Sunday morning some time since—I think it was on 16th Dec.—I know what month this is, it is November—it was not last Sunday, it was about eight or ten weeks ago—October comes before November, and the month before that is August—on the Sunday I was passing Mr. Davis's back gate between 5 and 6 o'clock, and saw George Gable and his brother, and Holt, I think his name is, but that is the man (Sweetman)—they were about two doors from Mr. Davis's back gate—I had seen them before in the streets—there were five of them, but one was inside the doorway, two doors from Mr. Davis's, and I could not see him—I believe the door was open.
HENRY JACKSON (police sergeant, H 11). On the morning of 16th Sept., in consequence of information, I went to the prosecutor's house. On 5th Oct., in consequence of information, I apprehended George Gable at a public house in Catherine Wheel-alley, Bishopsgate-street—I told him I Wanted him for being concerned, with others, in breaking into the Fountain public house, and stealing an iron chest—I laid hold of him, and said, "You must come with me"—he said, "I will see you b—d first, "and struck me a violent blow on the eye—I had a scuffle with him, he got me down on the floor—I was kicked and hit about the body, and he was rescued by the
persons with him, leaving his coat behind him—he was afterwards taken by somebody else.
THOMAS EVANS (policeman, G 145). On Saturday morning, 27th Oct, I saw George Gable and Johnson in Finsbury-market, and followed them to No. 3, King's Head-square, Shoreditch—they went in, and I got the assistance of another constable, went in and told them that they were charged with breaking into Mr. Davis's house, High-street, Shoreditch, and stealing an iron chest—Gable said, "I know nothing about it; I can prove where I was on that morning"—I had not mentioned anything about any particular day—I knew Johnson by the name of Green, he said that he knew nothing about it—I afterwards saw Thomas Gable at Worship-street police court, and he was taken into custody—I told him the charge and he made no answer.
COURT. Q. Did you take the boy Hughes to see the prisoner? A. Yes, last Sessions, at the House of Detention—Price was brought out with two others, and he selected him, he had nothing to distinguish him from the rest—I have ascertained that George Gable has been living at No. 32, Nelson-street, or in the habit of going there frequently to see a female.
JAMES BRENNAN (police inspector). I took Sweetman into custody in Arthur-street, St. Luke's, and told him he was charged with breaking and entering the Fountain public house on 16th Sept.—he said that he knew nothing about it, and was not there—on the way to the station he said, "I can prove where I was on that morning."
Sweetman. I made no such observation. Witness. There were other officers present, who heard it.
Prisoner Defence. It seems very strange that the boy did not know me if he has seen so much of me, and he was close to me; I am now in different clothes, and he says that he knows me; that shows that he has been tutored by somebody to bring me into this robbery; I did not know anything about it till last night, or I would have, got witnesses to character.
(George Gable was further charged with having been before convicted.)
PORTER WILLIAM DUNNAWAY (policeman, H 129). I produce a certificate—(read: Central Criminal Court—George Gable, convicted. May, 1850, of stealing three tame fowls—Confined Two Months)—I was present—he is the man.
(The officer Dunnaway stated that George Gable had since been three times convicted and twice acquitted. Thomas Evans, and Israel Watts, policemen, deposed to Johnson, Sweetman, and Peter's being several times in custody; that Peters had been confined twelve months for burglary, and that Johnson and Sweetman were in custody three weeks ago for burglary, and discharged; and Sergeant Jackson stated that in the last twelve or fifteen months thirty burglaries had been committed in his district in the same manner, but that since the prisoners had been in custody no burglaries had occurred.)
GEORGE GABLE.—Aged 22.— Six Years Penal Servitude .
THOMAS GABLE.—Aged 23.
PETERS.— Each Four Years' Penal Servitude .
The Court directed are ward of 5l to be paid to Sergeant Jackson.
PLEADED GUILTY .—(See Vol. 42,page 709.) (MR. CLERK, for the prosecution, stated that the prisoner bore a good character, that he appeared to be not so guilty as others, who continued to inflict violence to the end, and that the injuries the constable received were from blows from other parties, received after-wards.)— Confined Six Months .
125. MARK MAY and WILLIAM WALKER , burglariously breaking and entering the dwelling house of Charles Woolley, at St. Mary the Virgin, Aldermanbury, and stealing therein 300 lbs. weight of raven sewing silk, 100 lbs. weight of coloured sewing silk, and other silks and twists, value 550l.; their property.—2nd COUNT, feloniously receiving the same.
MESSRS. SLEIGH and THOMPSON conducted the Prosecution.
ABRAHAM KAUFMAN . I live at No. 5, Golston-street, Whitechapel, and am a slipper manufacturer. On 3rd or 4th Oct. I went to Walker's house, somewhere in Brick-lane, with Mr. Barrington—I asked Walker if he had any sandaling—he said that he had a lot, but that was sold—he showed me a sample of silk, and wanted to know if I could sell it for him—I said that I would take a pattern with me, and did so—in three or four days he called at my place, and I told him that I could not sell it for him, but would lend him 8s. per pound on it—he had asked 13s. 6d. per pound for it, and said that he had got about 40 lbs. weight—he said that he was short of money, and would do it—I said that I would keep it a month or six weeks for him—I lent him 16l. on it, and went to a public house with him, and had a glass of ale—I afterwards gave it to Knight, the policeman.
Cross-examined by MR. LOGIE. Q. Did you know where Walker lived? A. I did not know then, I know now—I did not look at the number of the house I went to, and cannot tell you the name of the street, but it was somewhere in Brick-lane—I know Mr. Barrington well—I have dealt with him several years—he makes elastic sandaling for side spring boots—I had never seen Walker before—(Six parcels of silk were hers produced by Knight)—I did not give up the silk till the policeman came for it—I told several other persons of the transaction—I told Mr. Worms, of Blackfriars-road—I know nothing of the value of silk—I have purchased a very little before, from our binders, but have never bought any of Mr. Barrington—he does not sell it.
MR. THOMPSON. Q. When yen lent the 8s. on it, did you get this receipt (produced)?A. Yes—(Read: "Oct. 10, 1855. M. A. Kaufman, bought of W. Walker 40 lbs. black sewing silk, 16l. W. Walker ")—the whole of that is in Walker's writing.
MR. LOGIE. Q. Why did you accept that memorandum if you did not buy the silk? A. I thought I would make a memorandum of it, and what else could I make?—I have witnesses to prove that I did not buy it.
Q. Can you explain why you accepted a memorandum in which it is stated that the silk was bought of Mr. Walker, if you had not bought it, but only advanced money on it? A. I only wanted to make a memorandum of it—I have shown the memorandum to nobody but Mr. Knight.
JOHN BARRINGTON . I live at No. 3, Ann-street, Pollard-row, and am a corrugated India rubber manufacturer. Early in Oct. I met Walker at the Flower Pot public house, at the corner of Brick-lane, Bethnal-green—be lives in Peter-street—it was an accidental meeting—he asked me to go with him to Kaufman's, I knew where that was, and walked with him—he
asked Mr. Kaufman if he wanted any of this sewing talk—he had a sample with him, and asked 13s. 6d. for it at first—Kaufman said that he would not give that, but arranged to lend him 8s. 6d. per lb. on it for one month, and he was to allow him 18d. in the pound if he redeemed it within the month—I do not know whether that was the pound money or weight—on the same day I went with Walker to Kaufman's with a bundle, which was opened, and the silk was weighed—I saw money pass between them, but do not know how much—I then went with Walker and Kaufman to a public house in Whitechapel.
Cross-examined by MR. LOGIE. Q. is Kaufman a friend of yours? A. He is a customer of my brother's—I have known him six or eight months—I had seen him the day before I went with him to Walker's—he came and asked me if I knew where he could get any sandaling, and I took him there.
HENRY HOLMES . I am in the employ of Edward Lloyd, a draper, of No. 74, Shoreditch. On 10th Oct. I purchased 2 lbs. of sewing silk of a woman named Hughes, at 13s. per lb.—I gave it to the officer Bull.
Cross-examined by MR. LOGIE. Q. Was that the price she asked for it? A. Yes—I considered that quite the value, as it was not an article fitted to our trade, but I bought it because she had been a customer for a number of years.
SUSAN HUGHES . I am the wife of George Hughes, a blacksmith, of New Inn-yard. I have some slight acquaintance with Walker—he brought me this parcel (produced), and asked me to sell it for him—1 have frequently sold fringe for him—I sold 2 lbs. of it to Mr. Walker, at 13s. per lb., and gave the money to Mrs. Walker—a day or two afterwards he brought me a further quantity of silk, but I did not open it; I should think there were about 11 lbs.—he asked me to see if I could sell it at the same price, but it was fetched away next morning, or the morning afterwards, before I had shown it to anybody; but I was not present—he sent for it.
Cross-examined by MR. LOGIE. Q. You live at No. 16, New Inn-yard; are you a neighbour of Walker's? A. No, I lodge at No. 6, Church-street—he makes fringe—I have never been on his premises.
GEORGE TOWN . I am a trimming seller, of St. Luke's. I know Walker—I bought 6 lbs. of silk of him, from the 10th to 15th Oct., at 12s. per lb., which was what he asked for it—I gave 1 lb. to sergeant Brennan—this produced) is it, and the rest I sold.
Cross-examined by MR. LOGIE. Q. Did you tell Brennan that you had bought it of Walker? A. I did not.
JOSEPH TURNER . I am a button and trimming seller, of No. 56, "St. Martin's-lane. I bought 4 lbs. 9 ozs. of coloured sewing silk of May on 15th Nov. at 13s. 6d. per lb.—this is the receipt (Read: "Nov. 15th, 1855. Mr. Turner, bought of Mr. May, 4 lbs. 9 ozs. of silk, 3l. 17s.")—I have known him more than a dozen years, he has been in the habit of supplying us with velvets and serges—I asked him who he was selling it for—he said for a neighbour of his, who was in the fancy trimming way; that the price was 14s., but he thought he could take 13s. 6d.—I looked at it, a portion of it was loosely twisted, and not so good as it might have been, and I agreed for 13s. 6d.—it was given to the policeman when I was out of town by my brother in law, Mr. White—this (produced) is it.
Cross-examined by MR. LILLEY. Q. You have known May twelve years? A. I have known him from my being a boy, and have bought of him hundred of times—it is the custom of the trade to buy and sell again at a
very small profit—he told me that he was selling the goods at 2 1/2 per cent.—he has been a weaver, and used afterwards to sell for his brother—13s. 6d. was a fair price, as it was an article which would hang a long time on hand.
MR. THOMPSON. Q. Do you know the market price? A. 20s. and twelve months' credit, which is about 18s. cash—it was sold as a job lot.
WILLIAM HUDSON . I am buyer for Messrs. Clayton, of Whitechapel, wholesale and retail drapers. I have known May very well for eight years—on 14th Nov. he came with 10 lbs. of silk for sale, which he said was the property of a button manufacturer—we gave him 4l. for it, at 8s. per 1b.; it was tied up in a silk handkerchief—I afterwards gave it to Knight—this is it (produced).
Cross-examined by MR. LILLET. Q. You have bought of May on other occasions? A. Yes, hundreds of times—we went by his judgment—he asked 10s., and we gave him a little less.
WALTER GREGG . I am a piece broker, of No. 6, South-row, Carnaby-street. I know May very well, and have seen Walker once—I have seen them together—on 15th Nov. May called on me at my premises, and showed me a parcel of coloured silk, and asked if I would buy it; being coloured, I would not—he asked 12s. 6d. for it—I offered him 10s. 6d.—he said that he could not take it, as he was selling it on commission, but would go and ask the party—he went out, and brought in Walker five minutes afterwards—the silk lay on the counter—Walker agreed to take it, and I gave him 4l. 2s. 6d. for the 7 lbs. some odd ounces—I parted with it to Mr. Benham, of South Molton-street, on the same day.
Cross-examined by MR. LILLET. Q. YOU have known May some time? A. Seven years—I know that he sells on commission for the trade—I have bought a great deal of him.
Cross-examined by MR. LOGIE. Q. Were you examined before the police Magistrate A. I was not.
GEORGE BARTON NORMAND . I am a trimming seller and general mer-chant, of No. 54, Old Compton-street, Soho. I know May; he came to me on 14th Nov., about 4 o'clock in the afternoon, and asked me to purchase a parcel of sewing silk—I looked at it, and recognised it as Messrs. Sleigh and Woolley's manufacture—he asked 14s. per lb., but shortly afterwards said that he would take 13s. 6d.—he said that the party to whom it belonged had brokers in his house, and wanted the money—I said that there were some unsaleable colours among it, and asked him if they would take 12s. 6d. per lb.—he left, and returned in a few minutes saying that the parties would take that price—I said that I was very busy, and asked him to call again—he said that he would call again in half an hour—I then left, and went to Sleigh and Woolley's; I returned in three quarters of an hour, and May was then in the shop—I told him to look in again in five minutes—he did so, and I weighed the silk, and gave him a cheque for 4l.; that was at the rate of 12s. per lb.—I asked him if there was any more silk—he said that he believed there was—I told him I could buy any quantity of black, within reason—he said that he thought there was some black—I said that if he called on the following day, in the forenoon, probably I would buy it—he left the shop, returned in a few minutes, and wished me to give him cash instead of the cheque—I told him that it was not convenient to do so,
but if he would bring it next day with the other silk I would then give him cash for it—he said that he must have cash then, as the money had to be paid to two parties—he gave me back the cheque, and I gave him 1l. in gold, and 3l. in silver, and he left the shop—about 3 o'clock on the following afternoon, he came again with another parcel of coloured silk—it was weighed, and there were 6 1/2 lbs.; he said, "You can have this for 12s. per lb., as before"—I asked him why he had not brought the black—he said that it was in pawn, and he would bring it perhaps in a day or so—I gave him 3l. 10s. for what he brought, I got no receipt—I gave the two parcels of silk to Bull and Packman—on Thursday morning I had a policeman in the counting house, and after May had received the money, I pointed him out—he had some braid in his hand, and asked me if I would buy it—I said that it would not suit me—the market value of the goods I bought of May is 20s. or 21s. per lb.
Cross-examined by MR. LILLEY. Q. You had known May before? A. Yes, for some years; I had bought of him repeatedly—if we buy silk of the manufacturer we pay the value, but if it is a job lot, I should not think of paying more than 14s.—the condition of the silk is a great consideration as well as the colour.
Cross-examined by MR. LOGIE. Q. Are you in the silk trade? A. Yes—May was employed by weavers to buy and sell goods, and they wait outside till he has effected the sale—that is quite a custom—I do not know Walker.
MR. SLEIGH. Q. Do you mean that it is the custom of the trade to sell such property as this by a man like May? A. It might so happen—the silk I bought of him was fairly worth a guinea per lb.—it is in very good condition—under certain circumstances we should not call it a job lot, in consequence of the condition it was in, but if it was offered at a sale room, we should consider that it was a job lot.
COURT. Q. If it was sold by auction what price would it fetch? A. I should not think of giving more than 14s. or 15s. at the outside.
THOMAS LOVERIDGE . I am agent and manager to Sleigh and Woolley, silk merchants, of Staffordshire—they have a warehouse in Aldermanbury—I manage their London department, it is in the parish of St. Mary-theVirgin, Aldermanbury—they pay the rent. On Saturday afternoon, 29th Sept., I left for the night, having ascertained that all the doors and windows were fast—no one sleeps on the premises—on Monday morning I went to the warehouse about 9 o'clock, and found that an entry had been made by cutting out a panel, and the whole of the goods of this description had been removed to the value of about 600l.—I have seen these parcels of silk and identify them an Messrs. Sleigh and Woolley's property—I know that they were there on 29th Sept—for the greater bulk of it the lowest value is 1l. 1s. per pound—some portion of it is not worth so much—I was present when these nine skeins of sewing silk were taken out of a box in Walker's house, and can swear to them particularly, and I saw the papers containing them when I left the warehouse on 29th Sept.—in consequence of a communication made to me by Mr. Normand I went to his establishment on Wednesday or Thursday afternoon, and was in the counting house when May came into the shop—when he went out I went out at the side door and saw him go over to Walker and hand him a cheque, he looked at it by the gaslight and returned it to May, who returned to the shop with it—I was present when they were taken the next afternoon—I saw May taken first, and then Walker came into the public house, and was taken.
Cross-examined by MR. LOGIE. Q. Were you inside the public house? A. Yes—I supply many houses for Sleigh and Woolley, I hare been their agent some eight years—I never but on one occasion sold any of this silk, and that was returned on our hands, and we have had it ever since—I can conscientiously swear that this silk was stolen from our warehouse—I know this blue silk by its slightly changing, there is a whiteness on it—there is a tie round each bundle, and I can also swear to them by that—these eight or ten skeins are some which we dyed for a particular purpose: some two or three days before the robbery, I tied them together with a piece of thick string to send them down to know whether they could be re-dyed for sale—they are a very blue kind of slate colour.
MR. SLEIGH. Q. Do you mean that there is anything different from the general appearance of silk in this? A. If I had been in the habit of seeing any of those gentlemen (the Jurors) for a long time, and five or six other gentlemen were put with them I could pick them out—I have not the slightest doubt that this silk was on the premises on the Saturday, and on the Monday there was not a skein in the house—I was obliged to borrow, a skein to show the police what sewing silk is.
JOSEPH COMBER KNIGHT (City policeman). On Thursday, 15th Nov., I was with Bull and Packman, and saw May in Mr. Normand's shop—I did not see him come in, but I came down from the upper warehouse and walked out at the front door—I remained in sight of the shop, and in a few minutes saw Walker come up to the front of the shop, and walk to and fro for a short time on the opposite side, and stand looking, and after that he walked away out of my sight—I stood a short time longer and May came out, and Bull and I followed him into a public house, at the corner of Greek-street and Church-street, thirty or forty yards from Mr. Normand's—when he came out and was coming away we stopped him, and one of us asked him where he got the silk he had just sold to Mr. Normand, over the way—he said, "Silk, silk, I have not sold any silk"—Bull said, "Yes you have; it is no use fencing with us, we are police officers, and we know what you have sold"—we asked him who he had sold it for—he said, "For a person at Bethnal-green"—afterwards he said that the person's name was Walker, and he lived, I believe he said, at No. 6, Peter-street, Bethnalgreen—I asked him if he did not expect to meet that person here—he said that he did not, he was going on to his place—Bull then said, "Do not you really expect to meet him here?"—he said, "Well, I do; I have been inside, and I suppose he has flown"—we took him back to the public house to a little place partitioned off, at the farther end of the bar, and Walker came in at the front door—he was coming across to May, but seeing me he stopped suddenly about the centre of the bar—I said to May, "Is that Walker?"—he said, in an under tone which Walker could not hear, "Yes"—Bull and Packman walked up to Walker, and said, "May has just sold a great quantity of silk over the way which he says he has sold for you, how do you account for the possession of it?"—Walker said, "He sold no silk for me; I gave him some braid to sell, and that is it which you have got in your hand"—I had a small portion of braid in my hand—Bull and Pack-man then came up and went with Walker into the bar parlour—I gave the handful of braid to Bull or Packman, and remained outside for a short time—I then went in and Packman was taking some silk from May's pocket—it was loose, not in paper—Packman said, "Where did you get this silk, May?—he said, "I had it from him," pointing to Walker, who was sitting down at the end of the table—Bull or Packman then said, "I
suppose the two lots you sold last night you had from him too?"—he said, "Yes, I did"—Walker said, "Yes, that is true, he had the silk from me to sell"—Packman or Bull asked Walker how he came in possession of the silk as it formed a portion of the robbery—he said that he bought it of a man named Pollock, who kept a clothes shop in Petticoat-lane, and had given him 13s. per lb. for it, above four months ago—Packman asked him if he would give him the correct address—he said, "I will write it down if you will give me a piece of paper"—he did so, and Bull and Packman then took the prisoners away in a cab, and I went to Mr. Normand's and got the two parcels of silk which have been produced—I made inquiries in Petticoat-lane and found there had been such a person as Pollock, but could not find him—I procured 40 lbs. weight of silk from Kaufman, 10 lbs. weight from Clayton and Co., of Whitechapel-road, and 4(lbs. weight from Mr. Turner, of St. Martin's-lane—on the same day I went with Packman and Bull to Walker's house, in Peter-street, Bethnal-green—we searched, Packman found several articles, and took a pocket book, and several papers out of a box, among the papers was this one (produced).
Cross-examined by MR. LOGIE. Q. Was it in the same state? A. Except these ink figures, which I put to add up the amount—this writing at the bottom has also been added since—I found some looms at Walker's house, and one man at work—Walker's wife was there—(The paper was handed to the Jury.)
Cross-examined by MR. LILLEY. Q. Had neither of the officers his uniform on on this occasion? A. No—we have a uniform—I have stated before that May said, "Silk, silk, I have not sold any silk"—we had not told him that we were police officers before that—we were in the street at that time, close to the door of the public house—we stopped him as he came off the step of the door—May afterwards said that he had sold some sift to Mr. Clayton, of Whitechapel-road, and some to Mr. Turner, and in consequence of that we went to Mr. Turner's, and found the silk—he said that that was all he had sold anywhere.
MR. LOGIE. Q. Do you mean this little bit of string which is round it? A. Yes.
ROBERT PACKMAN (policeman). I produce two parcels of silk, 2 lbs. I received at Mr. Lloyd's, of Shoreditch, on 28th Nov.; and 4 lbs. from Mr. Benham, of South Moulton-street, also some silk which I found loose in May's pocket, and this parcel (produced) in his hat—I went with Knight and Bull to Mr. Normand's.
Cross-examined by MR. LILLEY. Q. You were not with Knight when he met May outside the public house? A. No.
Cross-examined by MR. LOGIE. Q. Did you see Walker come into the public house?A. Yes, and I heard May say that he was the man be had the silk of—I was a few paces off—I told May in the private back parlour that we were all police officers, and asked him how he accounted for the possession of the silk—he said that he had received it from Walker, and turned and asked Walker if that was correct, and Walker said that it was.
COURT. Q. Did you hear anything said by Walker as to whether May had sold the silk for him? A. I did not—I did not hear what passed when Knight went up to Walker—they had some conversation, but I was a little distance off.
Cross-examined by MR. LILLEY. Q. Were you with Knight when he met May coming out of the public house? A. Yes—I saw May go into the public house, and followed him out—to the best of my belief. I was the first to speak to him as he came out, but we both spoke together, and asked him how he accounted for the silk he had just sold to Mr. Normand—he hesitated two or three minutes, and then said, "I do not know what you mean"—I told him we knew all about it, and he said, "I had it of a man named Walker"—I said, "You mean that party who was in your company last night with a female by Mr. Normands shop?"—he said, "Yes."
Cross-examined by MR. LOGIE? Q. Were you in the bar parlour when the silk was taken out of May's pocket? A. Yes—the braid was there at the time, and Walker said, "That is my property"—he also said that the silk was his property, that he bought it of a Mr. Pollock tour months ago, in Petticoat-lane—I said, "That was before the jobbery?"—he said, "Four months," and not "about four months"—I understood him to say "four months"—he said that he gate Pollock 30s. for it—I went to Petticoat-lane, and found that a man named Pollock had been transported for a watch robbery, in August Sessions this year.
COURT. Q. Were you present when Walker came in? A. Yes—May said, "That is the man I had the silk from"—Walker said, "I never gave him any silk"—I was then in front of the bar.
(The COURT considered that there was no evidence against May, in conesquence of the time that had elapsed.)
MAY— NOT GUILTY
WALKER— GUILTY* on 2nd Count . Aged 36. (Inspector Brennan stated that Walker was convicted at this Court in Sept., 1843, and confined eight months, since which he had been engaged in working an illicit still. On the following day Jonathan Rowe, the prisoner's wife's uncle, founder, of Rose wharf, George Davis, a braid maker, and Charles Widows, a publican, of Smithfield, gave the prisoner a good character.)— Four Years Penal Servitude .
CHARLES MUNSEY . I am a greengrocer, of Lower Homerton. On Monday, 26th Nov., a few minutes after 12 o'clock, I turned my dark brown gelding out on Hackney Marsh, and my son followed him through the gate—I missed it about 4 o'clock—I gave 4l. 15s. for it a few weeks ago.
Cross-examined by MR. LOGIE. Q. And you never saw the horse again? A. Never.
NELSON LEE . I am a carman, living at No. 5, Park-street, Hackney Marsh. I knew Mr. Munsey's gelding—I saw the prisoner with it on Mon-day, 26th Nov., as near as I can guess about 10 or 20 minutes past 2o'clock, going towards Bethnal-green.
Cross-examined. Q. Where did you see him? A. Close to the Swiss Cottage—he was riding on the gelding, and had on a long brown coat, which
covered the horse, but I could see a white mark on the horse's back—I had seen the gelding three or four times a week, but had not seen it for the last three weeks—Munsey has had it about three mouths, as near as I can judge—as soon as I had done work I went down to Mr. Munsey, to know whether he had got his horse, or had sold it—I did not follow the prisoner—I never saw the horse again—it was not saddled—he had got a loose halter, and had a stick in his hand.
MR. T. SALTER. Q. Had he the same coat on that he has now? A. I believe so—I know him as well as I know my own brother—I knew the gelding by a white mark, a saddle mark, but there was no saddle, and the prisoner was sitting very near the horse's tail till he saw me.
JOSEPH DEVONPORT . I am a ropemaker, of Homerton. On 26th Nov., about 3 o'clock, I saw the prisoner riding on a gelding, close to the White Lion at Hackney Wick, going towards Bethnal-green—he had no saddle, only a halter—I am sure he is the man—I knew him by sight, but did not know his name.
Cross-examined. Q. But how did you know the horse? A. I knew the horse well, I am sure it was a dark brown gelding, and not a mare—I will swear that—the coat did not cover much of the horse, it was buttoned up, and he was sitting on the tail of it—I did not speak to him—the horse was walking—I gave information the same night to Mr. Munsey's daughter.
MR. SALTER. Q. Did she speak to you first? A. No, I spoke to Mr. Lee, a relation, and then the daughter asked him if he saw the horse.
BENJAMIN GOODWIN (policeman, N 8). I took the prisoner at Romford market on Wednesday, 28th Nov.—I said, "Your name is John Trindle, I believe?"—he said, "Yes"—I said, "You are charged with stealing a horse off Hackney Marsh"—he said, "Me charged with stealing a horse? I know nothing about it, I never stole the horse."
Witness for the Defence.
HENRY SMITH . I am a labourer, and live at Jubilee-place, Mile End-road. On 26th Nov., a little after 2 o'clock, I met the prisoner near Victoria-park, on a mare—I spoke to him—I knew him by working with him at the Sydenham Exhibition—he got off, and stood a pint of beer—I know a horse from a mare, and I swear positively that the animal he was riding was a brown mare, with a very hollow back, and a saddle mark on it—I walked round it—I forget the name of the public house; we drank the beer, and I went my way, and he his, and I saw no more of him.
Cross-examined by MR. T. SALTER. Q. Have you been in Court during the examination of the other witnesses? A. I have just come in—I have been in during the whole time—I am out of employ now, and have been so for three months—I worked on the Great Northern Railway last—since then I have got my living as odd man at the London Docks—I cannot say who my master is there, I am taken in by a man whose name I do not know, and he does not know mine—I met the prisoner on the carriage road near Victoria-park, near where there is a hospital—I am not much acquainted with that part—he was coming away from the park, on this side of it—I do not know the name of the public house, and never was in it before—when I was working with him down at the Exhibition we lodged in the same house, and knowing that he was always among horses, I walked round the horse—I have heard him say that he goes to repositories.
COURT. Q. What was he when he was working at the Exhibition? A. A labourer, and he lodged at a baker's shop with me—he left some time before the Exhibition was opened, I do not know what he has been doing
since—I know that this was 26th Nov. because I had business that way that day—I am positive it was the 26th—I went down to see a young man about a place—I was not before the Magistrate—I heard of it in a public house some few days after he was taken, and I told them that I had part of a pint of beer with him, and that he had a mare, and the young man in the public house said, "Are you sure it was a mare?" and I said, "Yes"—the mare had no saddle or bridle, only a halter—I have never seen the mare since, nor the prisoner till now—the man who was in the public house asked me to come here—I do not know whether he is here now, but I have seen him here to do-day—I told him where I lived, and he found me out—the prisoner was going at a walking pace when I met him.
JURY. Q. What day of the week was it that you saw him? A. I am not positive, I know that it was the 26th—I went there about getting a constant job on the railway—I am not positive whether it was the latter end of the week, but I know it was in the week.
COURT. Q. What is there that fixes the 26th in your mind? A. Nothing, only that a young man working on the railway told me to come down on the 26th, and he would see about getting me a job—that was about four days before; he said, "Come on the 26th"—that was my day off.
GUILTY . Aged 41.— Confined Twelve Months .
OLD COURT—Thursday, December 20th, and Friday, December 21st, 1855.
PRESENT—Mr. Justice COLBRIDGE; Sir ROBERT WALTER CARDEN, Knt., Ald.; Mr. Ald. CUBITT; and Sir WM. HENRY MUGGERIDGE, Knt., Ald.
Before Mr. Justice Coleridge and the Fifth Jury.
127. DANIEL MITCHELL DAVIDSON and COSMO WILLIAM GORDON were again indicted (under 12 and 13 Vict. c. 106, sec. 253) for that they, under the false colour and pretence of carrying on business in the ordinary course of trade, unlawfully did obtain on credit divers goods and chattels, with intent to defraud various persons named in different Counts of the indictment.
MESSRS. BALLANTINE and POLAND conducted the Prosecution.
(Thomas Hamber, William Haggis, and John Checketts gave evidence to the same effect as upon the former trial. see page 172.)
WILLIAM HACKWOOD . I am a partner of Mr. Linklater's—the adjudications in this bankruptcy were made out originally partly by Mr. Hurniman, and I passed them, I made some alterations in them before they were signed—there were four.
Cross-examined by MR. MONTAGU CHAMBERS. Q. Was the paper made out in the presence of Mr. George, your clerk? A. Not to my knowledge—I cannot swear it was not—I cannot swear that a duplicate of the paper was not made out in Mr. George's presence, given to Mr. Hamber, and left at the counting house—I was not subpoenaed here as a witness on the first trial of Gordon's—I do not know why Mr. George has not been called—I am sure it has not been arranged that he should not be called—I have nothing to do with the conduct of this case, Mr. George and Mr. John Linklater conduct it—Mr. John Linklater had the conduct of the bankruptcy, and Mr. George partly so—since the adjudication Mr. George has bad the chief brunt, with Mr. John Linklater, of conducting the case
through the Bankruptcy Court—the petition was the commencement of the bankruptcy, the adjudication was the next day.
MR. BALLANTINE. Q. Then you have not heard that Mr. George is purposely kept back? A. I have not—his name is Francis.
FRANCIS GEORGE cross-examined by MR. CHAMBERS. Q. You were examined at Mr. Gordon's trial, were you not? A. I was—I then said, "I see the adjudication of bankruptcy here among the proceedings, a duplicate of this was made out in my presence"—I said, "That duplicate was given to Mr. Hamber, and was the duplicate which he left at the counting house of Gordon and Davidson"—I was with him when he left the duplicate—the adjudication is not in my handwriting—it is in the handwriting of Mr. Hurniman, and there is Mr. Hackwood's filling in—it was prepared by Mr. Hurniman on the previous day, the 20th—I stated before that I had something to do with seeing that the duplicate was a duplicate—I saw it in this way, I was examining one of the witnesses, and I had received directions to go with Mr. Hamber to the premises, and when the examinations were completed I went down, when Mr. Hackwood completed the documents and handed them to the Commissioner—I said on Gordon's trial, "I saw them both together before they were signed by the Commissioner, when they were altered for his signature"—that applied to the two that I was speaking of—to the best of my recollection I did see them altered for the Commissioner's signature, and placed before him to sign—one was delivered to Mr. Hamber, and I went with him and saw that one served on the premises—it is an incorrect expression to say that I went to serve it—I did not go to serve the adjudication, I went with Mr. Hamber when he served the adjudication—I went there for another purpose, to see what securities there were, and to get them—I stated, "I did not read one against the other, but I was present when Mr. Hackwood went through the two, compared them, and altered them, and they were signed by the Commissioner"—I swore that one was retained in the Court, and here it is—I also said that one was left at the bankrupts' counting house—that is quite correct.
MR. BALLANTINE. Q. Do you know whether there was more than one left at the bankrupts' counting house or not? A. I cannot say whether there was more than one left at the counting house; and perhaps I may be allowed to explain this, that when I was examined, my attention was directed to two documents, one of them the document on the file, and the other the document that was served—I was not speaking of all the documents that were prepared, because, of course, other documents of the same character were prepared; but I was speaking of the particular documents which were referred to upon that trial—I cannot now remember of my own knowledge the exact number that were prepared altogether—they were in Mr. Hurniman's band, and he produced them to me, and we had a conversation about the alterations—I went with Mr. Hamber, and the document that he produced, and I spoke to, was the one which he read out, or rather explained, in the office to the clerks, but, of course, he might have left two—I bad nothing to do with it, I merely remember that when he went into the office he read one of the documents, explained it to them, and left it on the desk—he might have left two, I cannot say.
CHARLES JOHN ROBINSON . I am a clerk to Messrs. Linklaters—I served a copy of this notice on the two prisoners, and upon Mr. Hemsley, Gordon's solicitor, on 5th of this month—it is a notice to produce the duplicate adjudications.
(This was put in and taken as read, together with the Gazette, as in the former case.)
NATHANIEL. DAVIS . I am clerk to Mr. Beddoe, of Huggin-lane, commission agent. In May, 1854, I went to the counting house of Davidson and Gordon, in Mincing-lane—we had received a note from Mr. Gorden—we have not got that note—I called in. consequence of that note—I saw the two defendants—I cannot give you the day, but it was before 25th May—I received an order for goods to be supplied by Mr. M'Millan, of Glasgow—they were returned they were returned barèges, drapery goods—the order was given by word of mouth, I took it upon the premises—Mr. Gordon said they were to be shipped for India, he did not say to whom—I communicated the order to Mr. Beddoe—Mr. Gordon had previously told me that when this gentleman was come from abroad he would give me the order for goods—the goods were delivered on or after 25th May to their packers—the amount was 426l.
Cross-examined by MR. SERJEANT BYLES. Q. Had you had dealings with the prisoners before? A. No—I had solicited orders before—I do not remember whether I had done so as far back as 1853—I should think I had solicited the order about a month before I got it or perhaps more—I solicited many times—Mr. Gordon told me the first time I called "Call again, and I will give you an order"—I do not think I called twenty times, or anything like it—I cannot swear I did not—I kept no memorandum of the times I called—he told me the first time I called that he wanted the goods to ship to India, and he told me so afterwards also—I cannot tell when the first time was—it was not six months before the order was given, nor I think three months, but I cannot give an answer to that—it might be three months, but I should think, to the best of my memory, it would be about a month, or perhaps six weeks.
Q. They were in a very extensive way of business, were they not) A. So Mr. Gordon told me—he also told me they were colonial broken—I did not know it until he bold me—barège is a thin material for ladies' dresses—he did not give me the name of the gentleman that was to come from India—I saw many gentlemen there, but I do not know what gentle-man he referred to, he never told me—Mr. Davidson was there—there was a gentleman there who examined the samples.
Cross-examined by MR. CHAMBERS. Q. You sent the goods to Davidson and Gordon's packers? A. Yes, I forget their name—that is the ordinary course when goods are going to a distance—instead of sending them to the house of business, we send them to the packers.
MR. BALLANTINE. Q. Are children's checks included in what you call barege? A. Yes—Mr. Gordon told me he was in a very extensive way of business—he told me something else—(Upon MR. BALLANTINE inquirity what else passed, MR. CHAMBERS objected, as not arising out of the cross-examination; it could only be founded upon an irregular answer which the witness, had made. MR. JUSTICE COLBRIDGE was of opinion that the answer was not an improper one, and therefore the right of re-examination existed)—when the order was taken, we wished Mr. Gordon to pay for the patrol upon delivery—he told us that he could not do that—the next proposition was whether he could pay half cash, and the remainder in bills, the same as he had proposed first of all, when we told him that we could not accept his bill—Mr. Gordon then took me into his counting house, showed me his bank book, and told me that they were in a very large way of business, and that he would comply with our wishes, he would give us half cash in a month, and the remainder in a bill of three months—I think this was
about two days before the first parcel was delivered, which was on 25th May—I was with Mr. Gordon several times about the cash—after seeing his banker's book, and hearing what he said about his large way of business, I consented to that arrangement.
MR. CHAMBERS. Q. What was the extent of the first parcel you delivered? A. 426l.—the order altogether would have amounted to nearly 3,000l., but Mr. Beddoe is a commission agent for three different firms, and I took orders for the three firms at the same time—Mr. M'Millan's goods amounted to 426l.—I know about the others being delivered, not all of them, some were not in time.
JOHN M'MILLAN . I am the petitioning creditor under this bankruptcy. I am a manufacturer, in Glasgow—Mr. Beddoe, off Huggin-lane, was my agent in May, 1854—he had goods in his warehouse belonging to me at that time—part of those goods were children's checks—we do not call them barège—they are technically called "skeletons "in the trade—they include children's checks—I have never received payment for any goods delivered to Davidson and Gordon.
Cross-examined by MR. PARRY. Q. Had you yourself solicited orders at all before? A. Not from these parties—I was advised of the sale before they went in, as they had not the full amount of the order lying there, I had to send them from Glasgow—my agents had not solicited orders from Davidson and Gordon by my direction—they had their own choice and discretion in the matter—I have heard of the house of Ogilvie, Galandar, and Co., of Liverpool—I believe they are great consignees of goods to India—the barège that I make is not suited for India at all—the goods I sold to Davidson and Gordon were not suited for India—I believe they would have been improper things to send to India—I do not believe they would give a good return—they were goods suited for an English summer, but not for an Indian summer—they were suited for warm weather in England—I have never been to India, nor ever consigned there.
MR. BALLANTINE. Q. Are you acquainted with the goods that are useful for the Indian market? A. Yes—in my opinion, these were not goods adapted for the Indian market at all—I did not authorise my. agents to send goods at all to Davidson and Gordon, unless they got prompt cash.
MR. CHAMBERS. Q. You never heard that they wanted them for India, did you? A. Yes, and I supplied them.
HENRY FOTHERBY . I am porter to Mr. Beddoe, of Huggin-lane. At the latter end of May, 1854, I delivered Rome goods to Messrs. Burke, Winter, and Mumford—they were loose goods—they were barèges, and what were called novelty checks, children's checks—they were the goods of Mr. M'Millan, of Glasgow.
ROBERT WILLIAM WOOD . I was clerk to Messrs. Burke, Winter, and Mumford, packers, of Eldon-street, Finsbury. In May, 1854, I received an order from Messrs. Davidson and Gordon, in consequence of which we sent our cart, and Smith, our carman, to Mr. Beddoe's, in Huggin-lane—the goods were brought to our house, and packed in four different bales, which were marked D in a diamond, with a D underneath, and numbered 1 to 4—I saw them placed in our cart, and sent to St. Katherine's Docks—I made out the order for them—we have no delivery note—we send a shipping note, which the Dock Company retain—we get no receipt from the Docks for any goods delivered—T think the shipping note that we received was from Davidson and Gordon—this (produced) is the shipping
note that was sent down with the four bales—this was sent to us by one of Davidson and Gordon's clerks—we were paid for the packing on 3rd June, by one of the clerks of Davidson and Gordon's counting house, by a cheque.
Cross-examined by MR. CHAMBERS. Q. Are your employers in an extensive way of business as packers? A. Yes—at that time we packed a great many goods for the Indian market; not to the extent of hundreds of thousands of pounds in a year—the ordinary course for a party who is going to ship to India is to send the goods to a packer's, and we pack them carefully for the Indian market—these were packed in bales; sometimes they are packed in canvas and tarpaulin, sometimes in canvas only, and sometimes in canvas and oil cloth, according to the merchant's order—these were packed so as to be quite safe for the Calcutta market—I could tell you what materials were used for the packing by referring to our books (referring to a book) —this is a book we keep for entering the orders—they were packed in double canvas and tarpaulin—a good many other houses sent goods to be packed for the Indian and other markets—these were children's checks and novelty checks—I cannot recollect whether we had packed articles of that kind for many other houses—I do not recollect whether they were thin or thick stuff, I only know that they were the goods we received from M'Millan, and we packed them as stated there—we received orders from Davidson and Gordon to mark them as we did.
MR. POLAND. Q. Do you remember whether you had ever packed children's checks before for India? A. I do not recollect that we had, we might have packed that description of goods under another name; the names vary very much—(The shipping note was here read: it was dated 30th May, 1854, and was for four bales, marked D in a diamond, D, numbered 1 to 4, by the ship Emperor—Young—for Calcutta; signed, for David-son and Gordon, C. Walker, 14, Mincing-lane.)—Young was the captain's name.
JOSEPH SMITH . I was porter to Messrs. Burke, Winter, and Mumford, packers. In May, 1854, I delivered with this order four bales of goods at St. Katherine's Docks, marked D in a diamond, D, Nos. 1 to 4.
WILLIAM THOMAS ARNETT . I am a clerk at the export office, St. Katherine's Docks. In May, 1854, I received four bales of goods according to this note—I cannot say who they were from—they were to be placed on board the Emperor—she sailed about 15th or 16th June for Calcutta.
WILLIAM BEDDOE . I am a commission agent in Huggin-lane. In May, 1854, I was agent for Mr. M'Millan—I never saw either of the defendants but once, that was on 14th June, and then I saw them both together at their office in Mincing-lane; very little took place between us—they made an appointment to see me again in two or three days, respecting the payment of money—I called several times after that, but was not able to see them afterwards—I remember M'Millan's goods being supplied to them in May—no doubt an invoice was delivered with then—this invoice (looking at it in the bankrupt's invoice book) is in the handwriting of one, of my clerks—these were the goods that were sold by Davis—I have never received payment for those goods—(the invoice was here read).
Cross-examined by MR. CHAMBERS. Q. Did you know they were for the Indian market? A. No, I understood from Davis that Davidson and Gordon had told him they were for India.
it may be—I know Gordon—I have seen him several times at Coles's office, I do not know when I first saw him; he made an application to me on 12th June, 1854—that was not the first time we had had business with him, we had business with him at Bombay before that—he had sent us goods, without any communication, to Bombay, and I had spoken to him about them, but this was the first communication I had about Calcutta—he asked me whether I could take consignments of goods for Calcutta—I said, "Yes"—he then asked me to go to his office to look at some goods that he had there for Calcutta—I went to his office, and saw some samples of check goods—I saw several invoices, one relating to some check goods—I made an advance on the goods mentioned in this invoice, and upon some other goods—I advanced 1,500l. upon the whole—I made that advance by the acceptance of Ogilvie, Galander, and Co.
Cross-examined by MR. CHAMBERS. Q. What are Ogilvie, Galander, and Co.? A. General merchants and commission agents; there are partners in India; they have one partner at Calcutta—Mr. Bessant, who is the senior partner, has also a house at Bombay, in which I am a partner—they make advances upon goods sent out to India to a considerable extent, in the course of a year—we do not always see the invoices before we make advances—they show us or send us the musters or patterns of the goods, and if satisfied of their fair value, and we think they are suitable, we make the advance—we exercise our judgment as to whether they are likely to answer in the Indian market—as soon as we have done that, and seen the quantity, we can judge as to the prudence of the amount of advance to make—that is the way we do it—I examined the patterns of all the goods upon which I was to advance the 1,500l.—I thought they were such goods as were likely to answer our purpose by making advances upon them for the Indian market—I thought them all suited for the Indian market—the advance varies according to the transaction, we have no particular rule—we make such an advance as we think will be covered in India—we do not always desire to see the invoices as well as the goods, but sometimes we do, if we do not know exactly, or are not quite certain of the value of the goods—I went through the prices here—the application made was to take some goods to consign to India, and then they showed me the quantity, and said the advance was about 1,500l.—I think there were thirty-seven packages—the invoices were not then pasted in the book, they were loose—I did not take copies of them, I took a memorandum of the amount—we do that sometimes—the bill of lading was handed over to me—generally the goods are shipped by ourselves, but in other cases the parties send us the bill of lading, and sometimes they send us a policy of insurance; at other times they give us instructions for insurance—if they send us the bill of lading, we transmit it to our correspondents in India, so that when the goods arrive there, they may have the sale of them, or help themselves to the first proceeds—I adopted the ordinary course of business in this transaction throughout, from the beginning to the end—it was one of the ordinary and common transactions that occur day after day.
MR. BALLANNINE. Q. Was as much advanced upon this occasion as the (roods would bear? A. It turned out that more was advanced than they would bear—the acceptance has been paid, I produce it.
CHARLES WALKER . I was for some time clerk to the bankrupts—they carried on business as metal and colonial brokers, in Mincing-lane, and also the business of a distillery at West Ham, in the county of Essex—it was my duty to keep the books—I saw the bankrupts on 17th June, 1854, and not
again until they came over to this country—I am not able to say what balance there was against them upon their books when they left—I did not make out a statement, I checked it—I ascertained its correctness as far as it was possible to check it at the time (looking at a paper)—there is no total here, but I think the total amount of liabilities, according to this statement, is about 500,000l., but there is no balance sheet attached to this—it includes the amount due to Over end and Gurneys, the amount here is 110,910l.; there is no promissory note to Mr. Chapman included in that amount—I have seen this bill of exchange before (looking at the one before produced)—I do not know on what day it was discounted, there is nothing here that will tell me; there would be an entry in the bill book (referring to it)—I think it was on 15th June.
Cross-examined by MR. SERJEANT BYLES. Q. Do the liabilities include such advances and acceptances as Ogilvie's? A. Yes; the dealings of the bankrupts were very large, many hundred thousand pounds in the course of a year—I should think not so much as a million and a half; judging by the cash book, I should say about a million—Mr. Davidson did not take an active part in the conduct of the business—I generally drew the cheques—I did not take my directions for drawing those cheques from Mr. Davidson—he would ask me if they were correct before he signed them, and then sign them, without inquiring, and so far as I was aware, without knowing the purpose for which those cheques were drawn—he would also sign warrants in the same way—he has been away from business for months together—he was not frequently away for long periods, but he was for short ones—I recollect his going to Spain in Nov., 1853; he returned in April, 1854, I think—he went to the East some years ago.
Q. Had you instructions to enter all these matters in the books, and were they all properly entered accordingly? A. I had no particular instructions respecting these—I had no instructions not to enter them—I believe the transactions are all regularly entered in the books in the ordinary course of business—I have heard of the transaction as to these bareges, skeletons, and novelty cheques which went to India—that transaction was in the ordinary course of business—Davidson and Gordon were in the habit, in the ordinary course of business, of sending to India in that way—we have consigned goods to Messrs. Kelsale, Hoare, and Co., of Calcutta, through the London house, and to Gisborne and Co., also through the London house—I was acquainted with such matters—Gisborne's would not appear in the books—I have seen letters from them—I have not corresponded with them directly, but the house has—we have done business with Stewardt, Capron, and Co., and with Henderson, Wallis, and Co., of Calcutta—the transaction Mr. Ewart has spoken of was the first with Ogilvie, Golander, and Co.—I do not remember the name of Burkett and Young—we had dealings with Arbuthnot and Co., of Bombay, Johnson and Co., of Singapore, Kirchoer and Co., of Sydney, Kirchner and Co., of Melbourne, and Bligh, Arbuthnot, and Co., of Melbourne—there may be some others—I do not recollect our having any joint accounts with other houses in Manchester goods—I know the house of Sissell and Co., of Manchester—we have joined them in shipments to Melbourne, I think—I really do not know whether the distillery was a profitable business or not.
Cross-examined by MR. CHAMBERS. Q. What do you call this paper, a balance sheet? A. No; a statement of liabilities—I did not make it out—the liabilities were taken from the books—it includes the creditors holding securities, creditors on bills receivable, creditors on bills payable, and the
general creditors; the total amount of liabilities, taking in secured and unsecured creditors, is about 500,000l.—here are some pencil figures which state the amount of the creditors unsecured to be 13,400l.—I should say that was about the sum—Mr. Henry Hoffman, a creditor, holding security, is put down here at 41,849l. 6s. 5d.—I do not know that he has been paid; I should say that there was not anything due to Mr. Hoffman.
Q. I see he is put down as holding acceptances, shipments to Calcutta, Sydney, Melbourne, and there are blanks as to those; the liability to him is put down at 41,849l., and no credit is given for the shipments? A. No; the credit was not calculated at the time—I have not heard that he has made any claim against the estate.
Q. Here is another; Corrie and Co., of Mincing-lane; they are put down at 15,330l., then credit is given for 2,000l., holding acceptances; then there is a quantity of Java sugar and other things; is no credit given for that? A. No; the balance sheet has not been made out at all—this contains simply the total liabilities of the firm, without deducting the goods or other things they have given as security—it does not show what was their liability when they were bankrupts—the 500,000l. is merely the figure of the total liability—they were great holders or dealers in sugar, in a very extensive way indeed.
Q. Supposing, instead of parting with the sugars, and realizing upon them immediately, they had been kept, would they not have covered, or more than covered every liability of the bankrupts, owing to the rise in sugar? A. I should think they would—I do not know whether it would have given them a handsome surplus—I think it would have paid all their liabilities—I do not think anything connected with the distillery is introduced into the 500,000l.—I know nothing about the profits that were being realized by the distillery at the time of the bankruptcy—Mr. Eves used to attend to the distillery—I do not know the quantity of sugar they held—I could not refer to the books to ascertain the quantity—the official assignee and the accountants have had a full opportunity of looking at the books, so as to ascertain the quantity of sugar on hand at the time of the bankruptcy—I should be able to see all that from an examination of the bankrupts' books—their transactions required them, as a matter of necessity, to obtain advances upon goods; and when they got advances by bills of exchange, they got those bills discounted, to put them in funds immediately—that was in their ordinary course of business—Mr. Gordon was an active and attentive man of business, as industrious and active as man could be—he has been in the firm for some years altogether—the bill book would show the amount of advances made on discounts in the course of the year.
MR. BALLANTINE. Q. When were these sugars that you have been asked about parted with? A. I do not know—they were holders of sugar to a considerable amount at the time of their bankruptcy—costs would be accruing upon it from day to day—I do not recollect when the rise in sugar began; some time this year. I think—there had been transactions with the East some few months before this of M'Millan's, nearly the whole of the year, I should think we were shipping to India and Melbourne—I cannot say exactly how recently before this transaction of M'Millan's there had been transactions with the East, but I should think in March and April, and upon which advances had been received—I am rather certain about that—Overend and Gurney are entered here for 110,000l., holding securities—I think the warrants in the hands of Overend and Gurney are stated there as securities—this (produced) is Davidson and Gordon's pass book—this commences
on 17th Sept, 1853, and goes of to the bankruptcy—(MR. BALLANTINE. stated that by this it appeared that on 24th May there was a balance their favour of 283l. 18s. 10d.)—I do not know the quantity of sugar they held—two or three parties held sugar—I do not recollect the amount they held
Q. My friend rather put it to you, whether it would not have made their fortune in the event of a rise? A. If the sugar had not been gold—it must depend upon the quantity they held—I do not remember what the quantity was—when I stated that it would have paid their liabilities, I meant the whole of their liabilities, the deficiency—if the sugars had been held they would have paid the deficiency.
COURT. Q. You mean they would have been solvent? A. Yes.
MR. BALLANTINE. Q. And you do not know how much they did hold? A. I do not recollect the quantity—it was more than 15,000lbs.—it must have been something like that in tons—I cannot say exactly the quantity—I should think at one time they did hold that quantity, somewhere in the beginning of 1854—I do not know what had been advanced upon it, not the amount, I should think not near the value—I should say it had not—I say so positively—at that time I should think within 5s. a cwt had been advanced—the advances were at different times—the period I fix is 1854—further advances were not afterwards made upon the sugar, to my knowledge—I do not know of any further advances—I meant that, if kept, it would have paid the money that was due to Overend and Gurney.
Q. What quantity of sugar do you fix upon for that purpose; you say 15,000 tons, and advances had been made to within 5s. a ton? A. 5s. A cwt., and the other securities mentioned.
Q. But I am speaking only of the sugar? A. I was speaking of the deficiency—Overend and Gurney's warrants are mentioned here—I suppose they are considered to be securities, by their being placed here—according to this statement, the debt due to Overend and Gurney is secured—when I gave the opinion that the sugar would pay everything that was unsecured, I certainly considered the debt due to Overend and Gurney to have been secured—(MR. CHAMBERS stated that the banker's book showed 870,000l passing through it in the last nine months.)
MR. CHAMBERS. Q. Where was this banker's book on 19th June; was it in the banker's hands? A. I believe it was—we used generally to have the banker's book every morning—I used to see it every morning—there was a balance in the banker's hands on the 17th.
HENRY JOHN TODD . I carry on business in Pancras-lane. In May, 1854, I was agent to Pickford, Johnson, and Co., of Manchester—some day in that month I went to the prisoners' counting house in Mincing-lane, I there saw Gordon, and solicited him for an order—I do not think he gave me an order on that day, but in the course of two or three days afterwards he did—I called again by his desire, he said he would give me an order—my clerk bad seen him previously about the order, and then I called, and took it—Richard Bateman is the name of the person who was my clerk at that time, he is not here—Gordon gave me an order for a certain quantity of goods—I do not remember exactly what he said—he said nothing in particular, but that he would take such and such goods—they were printed cotton goods, he saw the patterns and ordered from those patterns—he said he wanted them for India, he did not say where they were to be sent to in India, nor to. whom—I think we agreed to give him four months' credit on the parcel—I do not remember whether he or we proposed that, but we
agreed to give him four months' credit—I Agreed to supply him with from 1,500l. to 2,000/. worth of goods—I gave orders to our correspondent at Manchester for the supply of those goods—I think about 800l. worth were supplied, but I am not able to say with certainty—the whole were not supplied that were ordered, some portion was got back again—the house in Manchester heard something rather prejudicial to Davidson and Gordon, and they got the goods back before they were delivered, but I do not know the amount of them—it would be my duty to receive payment for these goods—I have not received any—I believe my correspondents are creditors for that amount.
Cross-examined by MR. SERJEANT BYLES.Q. What sort of goods were they? A. Printed cotton and printed muslins, of a light texture—I do not know whether they were fit for the Indian market—they were ordered for India, and such goods are sent out to India; it is no part of my business whether they are fit or not, my duty is to sell—I had solicited Gordon for an order before he gave one, he did not give me the order at first—I called upon him half a dozen times for orders—it was a day or two after I last called that he gave me this order—there was nothing in this transaction that I was aware of, out of the ordinary course of business.
SAMUEL WYATT . I am a carman to Chaplin and Horne, the carriers. On 2nd June I received eighteen cases of goods from Hambro' wharf, Thames-street, they were marked D, in a diamond, with a T at the right hand side, and the Nos. ran from 9 to 16 and from 18 to 27—I delivered them at St. Katherine's Docks.
Cross-examined by MR. SERJEANT BYLES. Q. In the ordinary course of business? A. Yes, as such things always are—Davidson and Gordon, I believe, gave the shipping order to our clerk.
WILLIAM THOMAS ARNETT . I am a clerk in St. Katherine's Docks. I received eighteen cases, marked D, in a diamond T, numbered 9 to 27—they were received on account of Davidson and Gordon—I also received the other two, marked 29 and 30—they were put on board the Emperor for Calcutta.
CHARLES WALKER re-examined. I recollect something about this transaction of Pickford, Johnson, and Co.—I think they were included in Mr. Ewart's bill—since I was examined I have been looking over the accounts—I have not ascertained the actual amount of advances upon the sugars at any one time—to the best of my knowledge this account was made out at the time: I made out this particular portion of it about the sugars, and general securities held by the creditors—there appears to be about 44,000l. due to creditors holding sugars only—I should think the advance to have been to within 5s. per cwt.
Q. That would be about 15l. per ton, would it not? A. I do not know what the sugars may have cost at the time, if they were low sugars perhaps they cost only 21s. a cwt.—the duty would have to be deducted from the amount, which I think was 12s. at that time; that would leave 9s.—I estimate the amount down in this paper at about 3,066 tons.
MR. CHAMBERS. Q. Besides the sugars introduced into that account, were there any other cargoes of sugar belonging to them coming home? A. I do not know that there were any.
Q. Will not the books disclose that the extent of sugar transactions were
much beyond those upon which advances had been made,-and which are introduced into that account? A. The books would not show that—I understood your question about the sugar if retained making the bankrupts solvent, as a general one—it would not have made them solvent if sold at that time—if it had been kept till the present time it would have paid off the deficit—their sugar dealings extended over a long period—Mr. Hoffman is alive and Mr. Corrie also, and could come and tell their own story—we had sugar transactions with Rucker and Co. to a very large amount—they are still in existence and could tell what balance was due, what they advanced and upon what footing—orders have gone out to the Havanna through Ruckers, to purchase sugars.
MR. BALLANTINE. Q. You have been asked about the rise in sugar, what do you calculate the rise at 1 A. I think about 22s. a cwt., about 20l. a ton—you would multiply the 3,000 tons by that 20, and all the charges and interest of money in the interval would have to be deducted.
STEPHEN ADOLPHUS JOHNSON . I was a member of the firm of Pickford, Johnson, and Co., of Manchester, in May, 1854. From communications made to us by our agent, we supplied some goods to Messrs. Davidson and Gordon—we sent altogether to the amount of about 750l., and between 1,100l. and 1,200l. we stopped in the hands of the carriers—we have not received any money for the 750l. worth, that were delivered.
RICHARD SIMPKIN . I am agent to Robert Alexander and Co., of Glasgow. They are Turkey red dyers and calico printers—in Feb., 1854, I saw Gordon at his office in Mincing-lane, and received an order from him for Turkey red goods to the amount of about 3,500l.—(MR. SERJEANT BYLES submitted that this transaction was not admissible, it being beyond the three months prior to the bankruptcy. MR. POLAND was prepared to prove that part of the goods were delivered within the three months. MR. SERJEANT BYLES contended that that would not be sufficient; the words of the statute were, "obtain on credit" which must mean causing to be delivered, or giving the order. MR. POLAND referred to the case of Regina v Lands, Sessions Paper, Vol. 42, page 556, where a similar question arose, and was reserved. MR. JUSTICE COLERIDGE decided upon hearing the evidence.)—do not know the number of the cases that were sent—a portion of the goods were supplied and paid for—the remaining portion of the order was delivered in April—they were Turkey red and cambric goods—the terms of the purchase were arranged between us—the first portion of the goods were to be paid for in cash, and were paid for in cash—the remaining portion was to be one third cash, and for the remaining two thirds we were to draw at four months—the second arrangement was made in the first weak in May, after the delivery of the second portion—I may mention that upon the order being taken the prisoners reserved the right of either paying cash for the last half; with a deduction of 2 1/2 per cent., or making any terms they chose at the time, that we might accede to, as to the second portion of goods—the second portion was left open—I believe the second portion of goods were delivered through Pickfords, the carriers—the amount of the goods was about 1,486l.—I am now a creditor for 974l.—that is on the last delivery.
Cross-examined by MR. SERJEANT BYLES. Q. Did you solicit this order? A. I did not—it was given at the premises in Mincing-lane—I went there—500l. was paid in cash for the first portion, or rather 200l. was paid by a cheque, and 300l. by a bill at three days' sight, which was paid—the whole of the 500l. was paid—the arrangement as to the payment for the second
portion was made in the first week in May, after the goods were delivered—part of the second portion was paid for in cash—the whole of the first portion was paid for in cash—that was 1,800l., and then 500l. of the second portion was also paid for in cash—that is the 500l. I have spoken of before—altogether about 2,300l. was paid in cash—I observed nothing in the transaction out of the ordinary course of business—the goods supplied were of a light texture, for the Indian market—they were quite fit for the Indian market, expressly for it.
HENRY HOFFMAN . I am a merchant, carrying on business in Old Broad-street, London, On 15th April, 1854, I made an advance of 1,200l. to Davidson and Gordon, upon thirty-seven cases of Turkey red cambric goods—I paid them by a cheque upon my bankers, the London Joint Stock Bank—it has been returned to me as paid.
Cross-examined by MR. CHAMBERS. Q. Are you the Hoffman whose name is entered here for 41,849l. 6s. 5d.? A. Yes—I am not aware of holding any acceptances—I had securities in my hands upon shipments to Calcutta, Sydney, and Melbourne—I have not proved any debt under the estate—I hope there is no debt due to me.
Cross-examined by MR. SERJEANT BYLES. Q. you have known the bankrupts for some time, I believe; they have been in a large way of business? A. I have known them for a few years, a couple of years—I knew the old firm of Sergeant and Co.—I have known the firm of Davidson and Gordon ever since they have been trading under that name, not personally—so far as I know, they have been extensively in the habit of shipping goods to India—their shipments through myself and my correspondents have been large—I know that, during all the two years.
MR. BALLANTINE. Q. I think you stated that you hold securities for your advances? A. I may state that my correspondents hold them now—they were shipments to the East Indies and shipments to Australia—I hold some warrants too—I have them in my possession—one is for 2,400l., and another 1,613l. 16s.—those are the two amounts—these (produced) are the warrants—they are warrants for spelter—there are six of them altogether.
JOHN BENNETT . In 1854 I was agent to Mr. Samuel Hess, of ManChester. In June, 1854, I saw both the defendants—I saw them at the first onset about the middle of May—I took an order from them on the 22nd May; it was for white drills, fancy drills, and grey jaconets, to the amount of about 2,000l.—a part of those goods were supplied, about 1,400l. worth—I sent the order down to Manchester for the whole—the rest was not supplied, because I was told the ship was on the move, and there was not time to execute the order—I understood they were for the Indian market, Mr. Gordon said so; he told me that he was shipping to India, and he wanted a certain class of goods of that description—he did not say to whom he was shipping, he mentioned no names; he gave me no description of the persons to whom he was shipping.
Cross-examined by MR. SERJEANT BYLES. Q. Did you solicit an order in this case? A. I did.
SAMUEL HESS . I live at Manchester. Mr. Bennett was an agent of mine in 1854—in consequence of an order I received from him, I supplied some goods to Davidson and Gordon to the amount of about 1,500l.—I had never supplied goods to them before, I have never been paid any portion of it—I saw Mr. Gordon on 17th June, about 1 o'clock in the afternoon—he made an appointment with me, because his agreement was to pay half cash
—Mr. Gordon ordered me to come at 3 o'clock in the afternoon to arrange with his partner for payment—I went at 5 o'clock and saw Mr. Davidson—Mr. Gordon was out, but Mr. Davidson said I should come again in half an hour, and Mr. Gordon would be in—I went again at half past 3 o'clock, and Mr. Walker, their clerk, said that Mr. Gordon had told him to tell me that the cheque would be forwarded on Monday—I did not see the prisoners again until they were in custody—when I saw Mr. Gordon at 1 o'clock, I asked him for the account, because we had arranged upon cash terms—I said so to him, Mr. Bennett was with me at the time—Gordon said he must see his partner about it; that was all that passed between us—when I saw Mr. Davidson, he merely asked if I had made an appointment with Mr. Gordon—I said I had, and he said as he was not in at that time I should call again in half an hour to see him then.
CHARLES WALKER . re-examined. I cannot tell without the book, how much money was advanced upon Mr. Hess's goods, but I think these goods were delivered up to the assignees; some of them were—I know of no amount of 4,600l. received of Charles Goodwin Norman—1 cannot tell without referring to the books whether any money at all was obtained upon Mr. Hess's goods;—(MR. BALLANTINE stated that Mr. Norman wasat present serving upon a Jury in the Queen's Bench.)
JOHN GURNEY HOARE . I am a partner in the banking house of Barnett, Hoare, and Co. The prisoners Davidson and Gordon banked with as—by reference to this book I may probably be able to tell what the state of their balance was, but I would have brought my own books had I had any notice to do so.
Cross-examined by MR. CHAMBERS. Q. That book is not in your handwriting? A. No—I do not suppose Out clerk would be likely to tell you at what time of the day it was written off, very likely not till the next day—no doubt the book was made up on the 19th, or 20th, probably—I see here is a date of the 19th, therefore most likely the book was made up on the 20th—that is the usual custom, but I cannot answer for it, not having made up the book myself.
WILLIAM BRYAN . I am a merchant, carrying on business at Manchester. In May, 1854, I received from my agent Mr. Morrison an order for 6,000 pieces of grey shirting—Mr. Morrison is not now in my employment—I have lost sight of him—I think the order was executed to the extent of 5,600 or 5,800 pieces, amounting to about 1,748l.—there was a correspondence with Davidson and Gordon—I could not execute the order upon the terms offered—I sent them a telegraphic message, and received this letter of 1st May, 1854, in reply I had corresponded with them before, this letter was in the same handwriting—(Read: "We received your telegraphic message this morning, and in reply send word for the greys to be packed as before, the marks to be No. I and upwards, if not already commenced")—the agreement was half cash in a month—at the expiration of the month, I had this letter from them (Read: "Herewith we beg to hand you your draft upon ourselves for 872l. 19 at three months from 8th April, duly excepted")—that has not been paid—it was agreed to be paid in cash, but at the end of the month I was informed that they had met with a disappointment, and they requested me to take a note at three days' sight—I cannot find that letter—that note was paid, it was for half of the 1,700l. which would be about 850l.—the balance is my claim upon the bankrupt's estate.
Cross-examined by MR. SERJEANT BYLES. Q. I believe I may collect
from your statement that you had had prior dealings with them? A. I had, to some extent; not more than 3,000l. or 4,000l. at the outside—this order was originally taken on 24th April by John Morrison, my then representtative—the original agreement was that half should be paid in cash in a month—the goods were thirty-nine inch grey shirtings.
THOMAS RYDER . I carry on business as a merchant, in Old Broad-street Some time in May, 1854, Gordon applied to me to advance him some money upon goods called grey shirtings—I do not know on what day it was—I cannot say it was Gordon who applied, I think it was—I advanced him altogether l,644l. 10s. 9d.
NATHANIEL DAVIS re-examined. Among the goods I supplied to the bankrupts, there were some of Russell, Douglas, and Co., to the amount of nearly 1,500l., at all events, it was more than 1,400l.—they have not been paid for—they were supplied in June, I think—I see the invoice is made out on 7th June—the order was given at the same time as M'Millan's, a few days before 25th May—nothing further took place upon the subject than I have mentioned.
Cross-examined by MR. CHAMBERS. Q. How do you know they have not been paid for; is it from the information of Russell and Co.? A. I am Mr. Beddoe's assistant, and he was agent for Russell, Douglas, and Co.—I know about it as well as Mr. Beddoe, because I have access to the books of Russell Douglas—we have our own books connected with their transactions.
WILLIAM BEDDOE re-examined. I was agent to Russell, Douglas, and Co.—upon referring to this invoice, I observe that goods to the amount of 1,337l. 19s. 3d., were supplied to the bankrupts on 7th June—I applied to them for payment, as I stated before, on 14th June, and saw both Davidson and Gordon—I was pressing them for payment of the money, and they said they would no doubt arrange with me for payment in the course of three or four days—that was on the 14th—I am sorry to say they did not arrange with me in the course of three or four days, I never saw them afterwards—I went by appointment on Monday 19th, and found they were all gone.
Cross-examined by MR. CHAMBERS. Q. When was the last time you saw either of them? A. About 14th—the appointment to go on the Monday was made by them with my clerk, Davis—I know nothing about it except that—I know they were not there on the 19th.
MR. BALLANTINE. Q. You went on the 14th, did you on that occasion refer to the business you came about? A. I did; I asked for the money.
DAVID BARCLAY CHAPMAN . I am a partner in the firm of Overend, Gurney, and Co., of 65, Lombard-street, money dealers. I have known the prisoner Gordon for many years—I knew him in 1847—I have known him and had business with him since he and Davidson have been in partnership together—the nature of our business with him was not altogether that of making advances to him upon such securities as he brought to us—I should say it was chiefly the discounting of his bills, occasionally advances.
Q. Among the securities deposited by him, do you hold fifty-three warrants?—(MR. SERJEANT BYLES objected to this question as irrelevant; the defendant's transactions with Mr. Chapman having no relation to the obtaining of the goods charged in the indictment. MR. BALLANTINE tendered this evidence as showing that at the time the goods in question were obtained, the prisoners were in desperate circumstances to their own knowledge, which would be an important ingredient for the consideration of the Jury, who had to decide whether or no the goods were obtained bonafide, or fraudulently, and merely with a view of raising money to enable them to leave the country.
MR. CHAMBERS took the same objection on the part of Gordon, contending that it was quite a collateral issue, not at all touching the present inquiry. MR. JUSTICE COLERIDGE was of opinion that the evidence was receivable to show general insolvency, as the attempt had been made on the part of the prisoners to set them up as solvent persons.)—A. Our dealings with the prisoners were prior to 1852, I think; I think from 1851 down to about Oct. 1853.
Q. Were you a holder at that time of a considerable number of warrants representing spelter; you have them here I believe? A. We have, I believe there are fifty-one or fifty-three altogether, I do not exactly know—these form part of other securities, and really I cannot distinctly say what amount they purport to secure—I should say about 80,000l. is the sum that is just now owing to us—not on these warrants, the deficiency at this time is about 80,000l—the amount owing to us is 80,000l.—we likewise hold a note of Davidson and Gordon's, received from another party, not from them, received from Mr. Cole—it is a promissory note of Davidson and Gordon, payable to Cole Brothers, endorsed in blank; we are the holders of it—this was given to me by Cole.
Q. But for what? A. That is not my affair—it is a promissory note of Davidson and Gordon, in favour of Cole, held by us, delivered to me by Cole, it is for 120,000l.—I think that promissory note was sent to us, as far as I remember the date, in Nov. 1853—I rather think so—I believe I have got the document—I am sorry to say the amount is still owing to us, the 120,000l., and also the 80,000l.
MR. CHAMBERS. Q. Also the 80,000l., what do you mean? not 200,000l? A. I should be very glad if the learned counsel would make it less; I think that is correct.
MR. BALLANTINE. Q. You have told us that these warrants represent spelter? A. Spelter and copper I believe: we have not been able to obtain anything whatever for them.
Q. I presume you have taken all the means in your power to do so? A. I cannot say that we have done much in that way; we satisfied ourselves there was not anything, and did not trouble ourselves about it—in Oct., 1853, from a communication made to us by Mr. Cole, we sent to Mr. Gordon and saw him—(MR. CHAMBERS objected to the admissibility of the conversation which passed between the witness and Gordon on this occasion; it could only tend to prejudice the prisoners, and had no bearing upon the question now under discussion. MR. JUSTICE COLERIDGE considered that he could not reject the evidence.)—I had seen Cole previously, and that same evening Gordon came to our counting house—I can give you the substance of what passed between myself and Gordon, but it is extremely difficult—I wish you would ask me the questions, rather than I should attempt to narrate an interlocutory conversation which took place two years ago—the substance I can tell you directly Gordon was chiefly occupied in satisfying me of the power of the distillery, which I took down from his lips at the time; I have the particulars of it, taken down from his lips at the time—we referred to the securities that we held—my chief object was to see the depth of our involvement with him and Cole together—I cannot remember anything falling from Gordon about the warrants—two hours before I saw Gordon I had received information from Cole to the effect that those warrants were valueless—we had an impression that they were valueless.
Q. Then what I want to know is, what you said to Gordon on the subject? A. As near as I can remember, when Gordon and Cole came into
the room, we approached the subject as an admitted fact, that these Hagan wharf warrants were without value—it has been said that I indulged in some personality—I do not remember it, but, nevertheless, we proceeded then, to examine what proportion of these different securities were of this character—that is to say, we had these securities as well from Cole as from Gordon—we proceeded to examine what proportion of the securities were of the character I have described, because we had various other perfectly good securities.
Q. Was the result what you have stated, that there were fifty-three of those warrants that had been deposited by Gordon, that turned out to be of this character? A. I believe they were, but I know nothing about the detail of it—I ascertained that fact in company with Gordon, certainly; it was an admitted thing in our conversation—we never received any deeds of the distillery from Gordon—on the following day Cole sent us the lease, or some paper of that sort, of the distillery for our perusal, to satisfy us of a fact, namely, that the money he had abstracted from us he had lent to Gordon for the purposes of the distillery; and to satisfy us of that fact he sent us this lease, or something purporting to be a lease, wherein this sum of money was referred to—that was handed over to our solicitors, to report what sort of an instrument it was, and when Cole became a bankrupt it was returned to Cole's assignees.
Q. The promissory note for 120,000l. was also deposited with you, as a further security against the deficiency, was it not? A. I do not know what you mean by "also"—I know your point—"also" had nothing to do with it—the lease was not deposited with us as a security, it was only sent for, our perusal—it was not delivered to us—we still hold the promissory note for 120,000l., and also a great quantity of other warrants of this same description delivered to us by Cole.
Cross-examined by MR. CHAMBERS. Q. You have been examined here before; I think it was Cole who made a communication to you in the first instance with reference to these warrants? A. He did—Gordon afterwards came in company with Cole—our object was to understand the quantity of these warrants we held on both accounts.
Q. First you ascertained what warrants you held on Cole's account, and then what you held on Gordon's account? A. And what had became of the property.
Q. You have mentioned that you had a conversation with Gordon; finding you were in advance to such a considerable amount, I suppose You were desirous of knowing what means there were to meet it, ultimately? A. Decidedly—we had no separate conversation with Gordon—Gordon referred to the distillery business—I do not remember his placing papers before me, but we had a very long dissertation upon it, and it ended in my taking down from his own lips the paper I hold in my hand.
Q. Do not you recollect saying here before, "He showed us papers as to the capability of the distillery making 40,000l. a year, or 850l. a week"? A. I think it was my papers I probably referred to—I do not remember his showing us papers, he might have done, for anything I know—it is a very long time ago, but the point is correct—my papers result in that, that the distillery was capable of making from 650l. to 800l. per week, and with the probability of very great extension, in consequence of his coming to some arrangement with the other distillers who had admitted him into their vend.
Q. Or upwards of 40,000l. a year? A. I think it makes somewhere about that—he entered into a very fall detail with me as to how it could be produced, I hold it in my hand.
Q. And upon that statement and representation with reference to the distillery business, were you satisfied not then to press for the payment of the debt? A. We took no steps whatever—we remained perfectly passive—the fact is, that our involvement in this affair was so great that we had to consider the subject in all its bearings, and we determined to remain perfectly passive, without coming to any understanding of any sort, kind, or description, with either Cole or Gordon—we did remain perfectly passive until the bankruptcy—we had dealings with Cole of a similar character that we had with Gordon—he deposited warrants with us, and got advances upon them—we began by discounting bills of Mr. Ewart's and others, of a very first rate mercantile character—that was in the ordinary course of our business—Cole told me that it was ha who had withdrawn the spelter.
MR. POLAND. Q. I may take it that you have not received a single farthing of this 200,000l? A. No—it still remains the same—at stands in round numbers about 80,000l. and 120,000l
WILLIAM NICHOLSON . I am a rectifier. I have had dealings with the bankrupts—I hold securities of theirs—the balance they owe us is 19,000l—we hold some warrants—I do not know how many—I know the amount they represent—they were deposited by Davidson and Gordon, at different times, in 1853—the 19,000l. debt is secured by the warrants, and we hold a mortgage of the lease of the distillery,
Cross-examined by MR. SERJEANT BYLES. Q. You say they were deposited by Davidson and Gordon; by which of them? A. We received some of them through Mr. Gordon, and others-in an inclosure signed Davidson and Gordon—it was in Gordon's handwriting—I never saw Mr. Davidson in the matter at all.
Cross-examined by MR. CHAMBERS, Q . I believe the personal transactions were with your father, and not with you, were they not? A. No, with my uncle—I was present—the first time was on 30th July—all these transactions appear in our books, in the ordinary and regular course of our trade—the warrants are in the possession of Mr. Linklater.
(James Prehn, Simon Van Der Willigan, and John Mark Bull repeated their former evidence, as at page 180.)
(MR. SERJEANT BYLES submitted, that none of the cases charged against the defendants came within the words of the Act of Parliament; the statute required that there should be a false colour and pretence of carrying on business and dealing in the ordinary course of trade; it was not sufficient unless some active false pretence was made, as in Reg. v. Boyd, 6 Cocks' Criminal Cases, p. 502; in each of the present cases, the goods appeared to have been ordered and disposed of, in the ordinary course of business, it would not do to wove that the defendants were insolvent, or knew themselves to be so; for if that was held to be sufficient, any trader, who gave an order after he was in a state of insolvency, would be brought within this Act of Parliament, which was not intended to meet a case like the present, MR. CHAMBERS urged the same objection; the offence, if any, committed by the defendants, was met by the 256the section of the Act, which enabled the Commissioner to grant a certificate of a second class or withhold one; he, however, contended, that the evidence disclosed no offence at all, and that the allegation of the defendants being in a state of hopeless insolvency had entirely failed. MR. JUSTICE COLERIDGE was of opinion that the case must go to the
Jury, according to his notion of the Act of Parliament, it was not enough to take a person out of it, that he should be apparently to the world carrying on business and dealing in the ordinary course of trade in the particular transaction in question, because the statute supposed that to be an ingredient in every one of the cases that were to come under it; but then it also supposed, that that apparent carrying on business, and in the particular transaction dealing in the ordinary course of trade, was merely a false colour and pretence; it would be, therefore, for the Jury to consider whether transactions, however apparently regular, were really so or not; and if not, whether by the false colour and pretence of their being regular they obtained the goods on credit, and with intent to defraud the owners; it was, in fact, for the Jury to determine upon the real character of the transaction)
GORDON— GUILTY . Aged 41.
DAVIDSON— GUILTY . Aged 34.
(There was another indictment against the prisoner Daniel Mitchell Davidson for neglecting to surrender, upon which MR. BALLANTINE offered no evidence, and a verdict of Not Guilty was taken. There was also a further indictment against the prisoners, together with Joseph Windle Cole, which wos postponed until the next Session.)
NEW COURT.—Thursday, December 20th 1855.
PRESENT—Mr. Baron ALDERSON; Sir GEORGE CARROLL, Knt., Ald; and Sir HENRY MUGGERIDGE, Knt., Ald.
Before Mr. Baron Alderson and the Seventh Jury.
PLEADED GUILTY — Six years Penal Servitude .
MESSRS. CLARKSON and W. J. PAYNE conducted the Prosecution.
JOHN PLAYLE . I am an inspector of letter carriers at the General Post Office. The prisoner was a sub-sorter in the circulation department in the Inland Office—in consequence of information I made up a letter on Friday, 7th Dec—I put in it a sovereign, two shillings, and ten penny postage stamps—I directed the letter to Mr. T. Higgins, fishmonger, No. 3, Albion-place, Hyde-park-square, London—I had marked all the money and the stamps—it was a note with an envelope made of the other half of the paper—this is the sovereign, and these are the two shillings that I so marked and put in that letter—I marked them in presence of Mr. Gardner, and he marked them also—I sealed up the letter, and took it into the hall, and gave it in at the window to Mr. Gardner—that is the window where letters are posted for sending out—it was prepaid.
COURT. Q. You would not have taken an ordinary letter there? A. No.
General Post Office. I was present when the last witness made up a letter on 7th Dec.—I saw him mark a sovereign and two shillings, and they were put into the letter, and ten penny postage stamps—I marked the coins myself—these are them—I saw the last witness put them in the letter and seal it up—he gave the letter to me from the outer hall, in at the window where I was—that is the usual place for posting letters—in a few minutes afterwards I handed the letter to Willis Clare, at about a quarter before 3 o'clock in the afternoon on 7th Dec.
COURT. Q. When did the letter get stamped? A. I had previously stamped it—it was handed in to me stamped, as if it had come from the post.
Cross-examined by MR. METCALFE. Q. In what part of the building was it you made up the letter? A. In the inspector's room—when I went from the inspector's room I went in the inside, and the last witness gave me this letter inside—the stamp was cancelled—I did it myself in the inspector's office.
COURT. Q. But where would it have got stamped? A. If I had taken a letter and dropped it in, it would have been obliterated by one of the messengers—I handed it to Mr. Willis Clare.
WILLIS CLARR . I am an inspector of letter carriers at the Post Office. On 7th Dec. I received from the last witness a letter—I locked it in an iron chest till the next morning—I then gave it to Mr. Scales, a sorter—I desired him to place it with other letters that the prisoner would have to take to another office—I then went in the letter carriers' office, where it was the prisoner's duty to bring those letters—I saw the prisoner come up and put some letters on the table—he then left the room, and I found that the letter which I had given to Mr. Scales was not amongst them—I came down and called the prisoner into my room—I told him that one letter which was known to have been in his possession was missing—he said he did not know anything about it—I said I was satisfied he had had it, and I asked if he had any objection to be searched—he said, "No"—he was searched in my presence, and this sovereign and two shillings were found in his coat tail pocket—the officer Smee took them—the prisoner was asked whose money that was—he said it was his own.
COURT. Q. In what pocket were they found? A. An inside tail pocket—7s. 5 1/2 d. was found in his trowser pocket which belonged to another sovereign—he said he had had the two shillings and the sovereign two days.
Q. At what time did you give the letter to Mr. Scales? A. I think about 7 o'clock in the morning, and this was found on the prisoner about 8 o'clock, about an hour after.
Cross-examined. Q. Was it so much as that; did you not say about 20 minutes after 7 o'clock you received it? A. It might have been—I received the letter about a quarter before 3 o'clock on Friday afternoon—supposing that had been posted immediately it would have gone that evening, but I looked it up in my box, and delivered it to Mr. Scales.
WILLIAM SMEE . I am an officer of the Post Office. I was sent for on Saturday morning, 8th Dec, to Mr. Clare's private room, about a quarter before 8 o'clock—I searched the prisoner there, and found this sovereign and two shillings in a pocket behind his coat—it was an old fashioned dress coat, with two pockets in the tail, and a pocket up high under the left arm—it was a deep pocket—you had to put your arm in to feel in it, and there was the sovereign and two shillings, and in the trowsers pocket 7s. 4d. in silver, and 1 1/2 d.—when these were found, the prisoner was asked by Mr. Clare if he had any more money—he said, "You are the best judge about that; if I have more, find it"—Mr. Playle and Mr. Gardner saw the money about
10 o'clock—the prisoner was asked what he had to say about the money—he said the 7s. 5 1/2 d. belonged to Mr. Newman, the charge taker, and the two shillings and the sovereign were his own, he had had them two or three days.
ROBERT SCALES . I am a sub-sorter of letters at the General Post Office. On the morning of 8th Dec. I was on duty—I received a letter from Mr. Clare—I placed it in my side pocket till I saw an opportunity—I then took up a bundle of letters off the seat—I mixed that letter with them, and said to the prisoner, "You examine these letters, and see if there are any country ones amongst them"—I placed them on his eat, and told him to take them up stairs—he took them and went away directly up by the machine, which took him up to Mr. Clare's place—I followed him up by the other machine—when I got up I met him on the top of the steps.
(The prisoners statement was here read as follows: "The sovereign and two shillings found on me were my own property.")
(MR. METCALFE submitted, that this was not a post letter; it was merely passed on by the witnesses from one to the other, and had not gone through the ordinary process of a post letter. MR. BARON ALDERSON'S present impression was, that the objection was well founded; that it was not delivered as a letter, but a mere piece of paper, to find out the thief; it was not posted at all—he would reserve the point.)
GUILTY . Aged 36— Judgment Reserved .
130. ABRAHAM ROSENBERG and SIMON BARNETT , feloniously. haying in their custody and possession 2 plates, upon which were engraved parts of promissory notes for the payment of money purporting to be the notes of Alexander, Emperor and Autocrat of all the Russia.—Other COUNTS, varying the manner of stating the charge.
THE HON. C. WILDE with MR. RYLAND conducted the Prosecution.
WILLIAM FREDERICK SMITH . I am an engraver and printer, and live in Westmoreland-buildings, Alderagate-street In Oct., the prisoner Barnett called on me—he was alone—he asked me whether I could engrave or make him a label—I told him, "Yes"—I asked him who it was for, and his name—he said, "Charles"—I asked whether it was Mr. Charles—he said, "Yes"—be then took me outside my window and showed me a specimen which I had in my window, a machine engraving, and asked me If I could do him one something like that—I told him yes, if he brought me a copy—that which was in the window was a card—he left me, and called the next morning and brought me a paper, which he called a label—this is it—he asked if I could do him one like that—I told him, "Yes"—he wanted to know the price—I told him I could not tell, he must leave it for a few hoars—I thought it was a label—he left me, and called again about 5 o'clock—I then told him he must leave it till the next morning—I communicated with the police the next morning before he called—I had I ascertained it was a Russian note—he came on the Saturday about 3 o'clock—he asked me if I had got the price—I said, "Yes," the two plates would be about 12l.—I had ascertained that what he called a label was something to do with Russian notes—I asked him what was to be in the centre of it—he said there were English letters to go inside—he could give no order about that—when I told him the price would be about 12l. he shook his head, and said the gentleman would not go to so much as that—I had not got the label at that time—I had left it with the superintendent of police—I saw the prisoner again on the 22nd Oct.—we came to an agreement about the price—he beat me down to 9l. 9s.—I was to engrave the back plate and the border plate for that—it was agreed I was to have
I the printing, and I agreed to do it for 9l. 9s.—he left me, and fetched me 2l. on account to go on with the order—there were parts cut out in what he called the label—I asked him what we were to do about that—he told me to work from the edges and make the best job we could of it on those terms—I undertook the job, and he told me to get on with them—I saw him again about two days afterwards—he asked me how I was getting on—I told him it was in hand and would be ready in four or five days—on the 31st I saw both the prisoners—Barnett said that the gentleman had sent another party to know if the plate was in hand—I told Rosenberg the plate was in hand, and he paid me 2l. and gave me instructions how to go on—he wanted to know when it would be finished—I told him about the middle of the week—they both told me I was not to put any black letters in, if. I put one black letter in, it would spoil the whole plate—on the following Saturday, Barnett came again, alone, to know if they were ready—I said he could not have the plate till the 9th—it would not be ready—on the 9th he came again—I told him I had not got the plate, but he must wait, and he waited from between 3 and 4 o'clock till past 11 o'clock at night—I then gave him the back plate, and he gave me 2l. more, and he asked me about putting some water marks in the plate, and he marked with his finger on the counter a stroke and an aught—I put him down a sheet of paper with the water mark on it—he said, "That is what I mean, only it is to be a 10 instead of letters"—he left me that evening and took the back plate with him—he came the next morning, and gave me another pound, and told me to get on with the other plate—he asked me when it would be done—I told him about the middle of the week—and on 13th Nov., Barnett and Rosenberg came together—I told them I could not get it done before Friday, it was a more difficult job than we expected—Rosenberg gave me a bit of paper which had been cut out of a note, and he said, "That is the paper I want to have the labels printed on"—he asked me to inquire what would be the expense of the paper—I told him to leave the paper with me, and he left me this bit of paper as a pattern (producing it)—they both called again on the following Friday, the 16th, about 4 o'clock in the afternoon—I told them I had not got the plate, they must wait or call again—they had had the border plate on the 16th, and Rosenberg gave me 2l. 9s.—I told him he ought to give me 10s. more, and he gave me 9s. 6d., and told me to get the copy back—I told him it was at the engraver's, and I would' get it—they both called on the 17th—I asked Rosenberg whether he had brought the border plate book—he made no reply, but asked whether I had got him his pattern of the label—I told him, "Yes"—he patted me on the shoulder, and told me he had got some more money for me—I gave them the back plate and the copy—that was the last time I saw either of them till I saw them at the Mansion House on the Monday following—they both spoke English well—Barnett spoke the best, and they understood me.
Cross-examined by MR. METCALFE. Q. I suppose you mean broken English, such English as foreigners generally speak; not so good as you do? A. Not quite—Barnett came several times before I saw Rosenberg—on every occasion they both represented that these were being made for a gentleman—when the first money was paid me, Barnett went away to fetch it—he brought it, and put it on the counter—they generally represented that these were being made for a gentleman—they did not mention the name—I asked Barnett the name the first time, and he said it was nothing—the
name was not given me at any time, nor the address—there was nothing to be done in the centre; I made the back plate and the border—that was all 1 bad to do for my 9l. 9s., and the centre was to be left blank, except they asked me if I could have a water mark put in.
COURT. Q. If the water mark were to be put in, was it to be in the centre? A. They did not say where—they said it was to be on the note.
MR. METCALFE. Q. Bid not Barnett say that they were for labels? A. Yes, for foreign labels, such as are used for perfumes, and so on—I have seen labels before, but I never engraved more than one plate for a label, for pomade, and such things.
DANIEL MAY (City policeman). On 17th Nov. I saw both the prisoners—I saw them go to where Mr. Smith lives, in Westmoreland-buildings—they were there about ten minutes, or a quarter of an hour; they came out, and I followed them—I came up with them, and spoke with them at the end of Cheapside—I told Rosenberg I was an officer, and I should take him into custody on a charge of having in his possession a plate for the purpose of printing and forging Russian bank notes—I unbuttoned his coat, and took this back plate from his breast—he said he was doing it for a gentleman who was on London Bridge—I said, "What did you do with the plate you got yesterday?"—he said the gentleman had got it that was on London Bridge—I had been watching the prisoners since the 20th Oct., and this was on Saturday, 17th Nov.—on the day before, the Friday, I had seen both the prisoners come out of Mr. Smith's, I saw Barnett had a paper parcel in his hand—they walked together to the end of Cheapside—he then gave it to Rosenberg—they separated, and I followed Rosenberg down Cheapside—be went on to a window where there was a strong light—I believe it was at the corner of Ironmonger-lane—he undid the parcel, and was examining it—it was about 5 o'clock or half past 5—I went and looked over his shoulder, and saw he was looking at the border plate—when he had done looking at it, he wrapped it up, and went to No. 4, Shorter-street, Well-close-square, where he gave his address when he was taken into custody.
Cross-examined. Q. You found that he did live there, and he told you he was doing it for a man who was on London Bridge, and that that man had already got the other plate? A. Yes, he said he was doing it for a man on London Bridge—I asked what he had done with the plate he had yesterday—he said the man had got it—Scott had taken Barnett, and the other plate was found on Barnett at the station.
COURT. Q. The plate that you had seen Rosenberg examining was found on the other man? A. Yes.
GEORGE SCOTT (City policeman). On Saturday afternoon, 17th Nov., I was in Shorter-street, near the London Docks—I saw both the prisoners come from No. 4, Shorter-street—they went to Mr. Smith's, in Westmoreland-buildings—they went in, and after a short time they came out again—I saw the officer May, and joined him—we followed the prisoners, and I took Barnett—I told him the charge—he said, "I am going to the gentleman on London Bridge"—I said, "What gentleman?"—be said, "The gentleman I am doing this for"—I said, "On London Bridge?"—he said, "Yes"—I said, "When did you leave the gentleman?"—he said, "Just before I went to Mr. Smith's"—I knew that was not correct, and I undid his coat and took this note from the breast of his coat—I took him to the station, and on the way I asked him where the other plate was—he said he had not got it, he supposed the gentleman had got it; but at the station
I searched him, and under his second coat I found this border plate—he did not say anything then—I had been with May the day before and I saw what he has stated.
Cross-examined. Q. What are these places where small pieces have been taken out? A. There would be an eagle and two tens—these are not only left out in the plate, but there is something engraved over it; and here are on the genuine note directions where they are paid, and that is not on the plate—I should think this back is a mere fancy, having nothing to do with the note, but on holding the note up to the light there is a sort of colour which corresponds with the note.
COURT to MR. SMITH. Q. What is this back plate engraved for? A. For the back of this other one—if you cut this red out of the note you will have the appearance of the note exactly—there are three plates required—first you put in the groundwork plate, then you put in the border plate, and then you have a plate with the letters on it.
RICHARD BRANDT . I am a Russian merchant, residing in Great Winchester-street—I am familiar with the Russian language, both written and spoken—this note, which was given to the engraver as a pattern, is a genuine Russian note—I should have taken it as such—these are issued at the Imperial Bank of St. Petersburg—there are no private bankers there—these two plates correspond with part of this note.
COURT. Q. What are roubles worth now? A. About 3 some days they are worth more, some days less.
ROBERT ALEXANDER TILETT . I am the station clerk—I was there when the prisoners were brought in—they said they were Russians—Rosenberg said he could read and write—Barnett said he could not read or write.
ROSENBERG— GUILTY . Aged 46.
BARNETT— GUILTY . Aged 25.
Confined Two Years .
MR. PLATT conducted the Prosecution.
WILLIAM HILL (policeman, S 39). About 6 o'clock in the evening of 21st Nov. I went to No. 7, Harcourt-street, Somers-town—I found Sarah Hyde, the prisoner's wife, in bed, and she was dead—her eye was black—I did not see any one in the house—I went about a quarter past 9 o'clock the same night to No. 24, in the same street—I asked for the prisoner—they said he was not there—I would go in, and I found him in the back room, sitting behind the door—he appeared to be asleep—I said to him, "You are the man I want, is your name Hyde?"—he said, "No"—he afterwards said, "I am the man you want"—and he went away with me—he did not appear to be drunk.
Cross-examined by MR. PARRY. Q. Do you know his habits at all? A. No—I was a stranger to him—there was a large blow on the woman's eye—the prisoner had a scratch on his eye.
DAVID JOHN SHORT . I am landlord of the house, No. 7, Harcour-street, Somers-town. I went to bed on Tuesday night, 26th Nov., a little before 11 o'clock—after I had been in bed a short time I heard a noise in the prisoner's room—I went up, and found the prisoner and his wife lying on the floor—they were both dressed—the prisoner was in liquor—his wife appeared to me to be quite sober—they were struggling, and I had heard a
heavy fall—the wife said, "Separate us, Mr. Short"—I took hold of the prisoner and assisted him in getting up, which he did instantly—he was bleeding from the mouth and forehead, and he seemed angry at the time he got up—they had come in after I had been to bed—when I had separated them, Mrs. Hyde went down stairs with my daughter, and very soon I followed her—she staid down stairs half an hour, and then went across to her mother, who lives at No. 24, Harcourt-street—everything was quiet after that, as far as I know—I heard no more noise through the night—when Mrs. Hyde was down stairs she pointed to a lump that was rising over her right eye—it seemed to me as if it had taken place lately—it was swelling at the time—as far as I am a witness to it, when the prisoner was sober he was quite quiet—when I took hold of him, to separate him from his wife, he said to her, "I will kick you down"—and she went down stairs.
Cross-examined. Q. Do you know whether she threw anything at his head? A. There was a broken yellow dish in the room, but I did not see it thrown.
ELIZA HYDE . I am the prisoner's daughter—I am twelve years old. On 20th Nov. I was in the room with my father and mother—I saw my father break a baking dish across his knee—no quarrelling had taken place before he broke it—I do not know why he broke it, he was tipsy—when the dish was broken, my mother took up the pieces and chucked them in my father's face—it hurt him—his face was bleeding—my mother then went and laid hold of my father by the neck, and they both fell together to the ground—my mother fell on her back, and she turned round quick and knocked her eye against the corner of the drawers—I did not see any blows struck what ever—my mother fell almost directly after laying hold of my father's neck—she thought my father was going to strike her, she turned her head quick, and struck her eye against the corner of the drawers—she afterwards Complained of her head, and I put cold water to her.
NOT GUILTY .
THIRD COURT.—Thursday, December 20th, 1855.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald; Mr. Ald. CHALLIS; Mr. RECORDER; Sir ROBERT WALTER CARDEN, Knt., Ald.; and RUSSELL GURNET, Esq.
Before Mr. Recorder and the Eighth Jury.
GEORGE WENDEAT (policeman, K 98). On Wednesday night, 5th Dec., about half-past 7 or a quarter to 8 o'clock, I was on duty at Bromley-street, Poplar New Town, and saw the prisoner in a marine store shop—I looked through the doorway, and then went in, and asked the marine store dealer what the prisoner had brought in—he produced 25 lbs. of lead, melted in this manner—there were six of these pieces (produced)—I asked the prisoner his name—he said, "Robert Dickenson"—I asked him how he got it—he said that his master, Mr. Heather, gave him a portion of old lead pipe as a privilege for coming to the City for some new pipe—I told the Magistrate that he gave the name of Robert Dickenson, and so did the marine store dealer.
Prisoner. Q. You asked me my name, and I told you that they called
me Robert Dickenson, but that William Young was my right name? A. No, you gave the name of Robert Dickenson at the station also.
JAMES THOMAS HEATHER . I am a builder. The prisoner was in my employ as a bricklayer, at Canning Town, near Barking, putting up some brick work for some new cottages—8 or 9 lbs. of lead were left in a house nearly finished—I saw it safe seven or eight days before the police-man called—it was in the back room of one of the houses, and I think it was in a cupboard, but am not certain—I gave the prisoner no old pipe, this was a new piece, which the plumber had cut off and left—I gave the prisoner no lead whatever—he was not entitled to any as a privilege for going into the City—I paid his railway fare—he did a little job, and I allowed him so much more for doing it.
Prisoner. Q. Was not I taken bad with rheumatic fever? A. Yes, and you got a plasterer to work for you, and a bricklayer also for two or three days—you were not bad two or three months this time—you did part of the work yourself—you had the key of the buildings sometimes—I saw the lead there after the plasterer and bricklayer were gone—you took some pipe up to town, to exchange—that was new pipe—I thought it was not strong enough, and ten feet were sent down.
Prisoner. That is what I took in exchange; the ten feet are laid down in the ground now, and I can find them; you did not pay me 8d.; here is the book (producing it); is not that your writing) Witness. Yes, but I paid your railway fare, 8d. there and back.
COURT. Q. Did you pay him anything for taking it to the City? A. He did a little job afterwards, and his time was included in that—this is the book that was kept between us, but some little jobs were not put into it—here is some odd work here, 5s.—it was made up with other jobs, something equivalent to the time it took him—I do not claim all this lead; mine was in the shape of piping.
Prisoner's Defence. This man who I had to work for me left me this lead, which was in his tool basket; my master told me on Wednesday that I was to go and get a plasterer, and I went and said to my landlord, "I am to sell this for old lead;" he went with me, and the first shop I came to I sold it; my master did not pay me a half penny, only my railway fare; the reason I have no witnesses is because my master owes me 2l. or 3l., and I could not get the money.
(The prisoner received a good character.)
NOT GUILTY .
Before Russell Gurney, Esq.
ALFRED BRIGHTLY . I am a law stationer, of No. 38, Bucklersbury. The prisoner was my servant—I discharged her on the Saturday before 3rd Dec., in consequence of something that occurred—her box was searched by a policeman, in her presence, and in it was a breast pin, two shirts, two gowns, a pair of stockings, a cup and saucer, a plate, and several other articles of mine—she had only been in my service a fortnight—the pin was safe on the Wednesday before—she confessed in the presence of the officer, and also before the Magistrate, that they were my property.
Prisoner. Q. Did you not call me a blasted bitch? A. No—I gave you enough dinner for any reasonable person, and you were unlimited to everything else.
Prisoner. I did it for nothing but aggravation because he treated me so badly.
The prisoner's statement before the Magistrate was here read, as follows;—"It is the first thing I have done in my life dishonest; I did it out of spite, and hope your Lordship will be as favourable to me as you can."
GUILTY. Aged 23.— Judgment Respited .
134. ROBERT FRANCIS and JAMES EDWARDS , stealing 1 truck, value 3l.; and 424 account books, 1 memorandum book, and 2 boards, value 10l. 1s. 1d.; the goods of James Edwin Hall.—2nd COUNT, feloniously receiving the same.
MR. MEW conducted the Prosecution.
JAMES EDWIN HALL . I am a book edge marbler and binder. On 19th Nov. my porter went out with 420 account books and a memorandum book on a truck about half-past 6 o'clock—my place is about 150 yards from Red Cross-street—these (produced) are a portion of the books—there were some metallic books among them—the books were tied up with boards, which were branded with my name—here is my name on this pair (produced)—these books are worth 9l., and the truck and the unbound books about 9l. more, but the truck has been found since.
GEORGE CLARK . I am porter to Mr. Hall. On 19th Nov. I took some books from his place, into Red Cross-street, about 10 minutes or a quarter past 6 o'clock in the evening—I left the truck at the end of Bellchamber-passage, and went up the passage to get some more books—I returned in three or four minutes, missed the truck, and informed the police.
CHARLES PALMER . I am a bookseller, of 21, Union-street, Spitafields. On 24th Nov., about 10 minutes or a quarter past 6 o'clock, the prisoner Edwards, who I have known for many years, but did not know where he lived, came with these books open in his hand, and said that they were samples—I asked if they were his property; he said, "No," but he had them to sell, that there were a great quantity of them, and some large ones among them—he wanted 5l. for them, and said that they were to be seen in John's-row, St. Luke's, and the party they belonged to wished to sell them immediately—from the peculiar marbling of them, and from information having been previously left at my house, I asked him who the party was who had got them—he said that a man was waiting outside—I said, "Well, I will put my coat on and go with him"—I went out of the shop with Edwards, and saw the prisoner Francis looking in at my window—I had the books in my hand, and said, "Are these your property?"—he said, "Yes"—I said, "You have got a quantity of them, have you not?"—he said, "Yes, there are a large quantity"—I said, "Well, what do you want for them?"—he said, "5l."—I said, "Where are they to be seen?"—he said, "In John's row, Old-street-road"—Edwards heard all the conversation—I then accompanied them, as they expected, to go and look at the books, but met with no officer—on the road Francis said, "Whatever bargain you make, you must allow Edwards something for his trouble"—I said, "Oh, very well!"—we walked on to the corner of Chiswell-street—I was then walking between the prisoners—I called, "Police! I want you;" and that very instant Francis took to his heels—I ran and kept within a few paces of him—he was stopped by a young man about 300 yards off, and I immediately laid hold of him—he said, "What right have you to stop me, and lay hold of my coat and tear it?"—I said, "I shall detain you till an officer comes up, for these books are part of some property which was stolen, and if you had done nothing, why did you run away?"—an officer came up, and
I gave him into custody—we walked to Mr. Hall's shop, and he identified the books.
Cross-examined by MR. SLEIGH. Q. When you asked Francis why he ran if he had done nothing, did not he say, "Enough to make a man ran, when you cried out, 'Police!' in the street"? A. Yes.
Cross-examined by MR. RIBTON. Q. Did not Edwards say, that they were not his, but he was endeavouring to get a customer for another party? A. I supposed that to be the case—I have known him ten years as a respectable and honourable man—he is in the book trade.
MR. MEW. Q. Bat does he deal in books of that sort? A. No; it has always been reading books that I have bought of him.
ROBERT BRIDLE (policeman, A 429). About a quarter past 6 o'clock, on 6th Nov., I was called by the last witness, who had two men with him; one of whom ran away, and Palmer followed him—I went up to the other, Edwards, and asked what was the matter—he said that he did not know, he was merely passing by—I said, "I think you must know something about it, as from what I saw., the man intended to give both into custody: you had better remain—he said, "I know nothing about it"—I said, "You had better remain a short time, and see if they come back"—I heard that the other one had been taken to the station, and said to Edwards, "You must go to the station with me"—going along I said to him, "Do you know who that man is that called met?"—he said, "Yes, I know him very well"—I asked his name—he said, "Palmer," and that he lived in Union-street—I said, "Then you must know something about what he wants the police for"—he said that it was something about some books, but he had nothing to do with it—at the station he said that he had been called on by some one to look at some books, but they did not suit him, and he thought he could get a customer—I asked him if there were many—he said, "Yes, as they want 5l. for them"—I said, "Can you show me where the books are?"—he said, "Yes, I think I can"—in fact he said that he knew the place in John's-row—I asked him if he could show me the house—he said, "I think I can"—I went to Hull's-place, John's row, with him—he took the to the house, and I found a quantity of books, of which these produced are a portion, the others are at the police station; there were about 350 of them—I asked Edwards where he lived—he said, "At No. 4, King-street Old-street-road"—I went there, and found that it was correct—I found a quantity of reading books, but not books of this sort, and these two boards—they were in the front room, ground floor—it is a private house—there was a bed and bedstead in the room—a great part of the books were piled in a heap by the side of the bed, but the greater portion were strewed about under the bed.
ROBERT BEE (policeman, G 95). On 24th Nov., about a quarter past 6 o'clock, I was on duty in Chiswell-street, and Francis was given into my custody by Mr. Palmer, who said, "I give this man in custody for having some of these books, which I am confident have been stolen"—he said that he had no fixed lodging, but lived the handiest he could to His job.
GEORGE FADES (policeman, G 240). between 6 and 7 o'clock on Saturday, 24th Nov., I went to a house in Hull's-place, John's-row, St. Luke's, and assisted the other constable to the station with a quantity of books—I did not go inside—I remained with the truck, and they were brought out to me—I returned, made a further search, and found fifteen books, fourteen duplicates, and a letter, signed "Geo. Francis." JOHN LAW (policeman, G 209). My beat is in John's row, St. Lake's,
near Hull's-place. I have frequently seen the prisoners in that neighbourhood, and in the York-road, at different hours, but have not seen them together—I know No. 26, Hull's-place.
Cross-examined by MR. RIBTON. Q. Do you know where Edwards lives? A. No—I have not seen him at King's-place, Old-street-road—John's-row is a great thoroughfare.
WILLIAM RENTON . I am a lath-render, of No. 16, Hulls-place. I rent the house, and occupy all but the front parlour, which I let on Lord Mayor's day to a female, and she continued to reside there till 24th. Nov.—I have heard men in that room through the partition, but have not seen them—any one can let themselves into my house by pulling a string—some furniture is left which was brought there by the female—I did not know of any books being at my place till the prisoners came—on Monday, 19th Nov., after dark, I heard a truck coming down the court—I afterwards looked out at the window, and saw a truck going away from my door, and two men with it, but I do not know who they were—I had heard a lumbering noise in the room, but did not know what it was—I thought they were moving away.
(The Court considered that there was no evidence against EDWARDS.)
NOT GUILTY .
(Francis received a good character.)
GUILTY on the second Count . Aged 25.— Confined Six Months .
PLEADED GUILTY .* Aged 23.— Confined Three Months .
MR. ROBINSON conducted the Prosecution.
THOMAS NEWELL PRITCHARD . I am a cigar manufacturer and importer, of London Wall. The prisoner was in my service as traveller—his duties were to collect money, and, if in town, to send it in two or three days; if in the country, within a week or so—his commission was 12 1/2 per cent, on moneys received, not on orders got—in Aug., this year, he went into Kent, and returned in Oct., and handed me this account (produced) of the monies he had received—it amounts to 69l. 10s.—he had remitted to me 59l. 11s.—his commission taken off, leaves a balance of 7l. 5s. 3d. due to me, and he said that he would call before the week was out and pay the balance, but he never did, and I went after him at the latter end of Oct.—he was then looking over some bills—I beckoned to him that I wanted to speak to him, and told him I should not want him to travel any more—I asked him for the money, took the bills out of his hand, made some sort of excuse, and put them in my pocket—those were further bills which I had given him to collect when he handed me in this account—we walked 200 or 300 yards, and he said, "Are you determined?"—that was to discharge him—I said, "Yes"—he said, "Can you give me a statement?"—I said, "Yes"—no more words passed between us—he only asked me for the accounts once—I had sent goods to Mrs. Isaacs, and she owed me, on 9th May, 16s.—if I am not in the way the prisoner accounts to Mr. Wynn—he generally brings a statement of the money he has received, and we enter it from that statement into this book—the statements are preserved—this book is not in my writing, but I always gave him a receipt—the clerk in my presence enters the moneys he would pay to me—he pays me the money in a lump—he
would sometimes, without delivering a statement, give me by word of mouth the sums he had received, and then we should give him a receipt for the money—the sums are invariably entered at the time in a boot—on this occasion he handed a statement in—he delivered no statement containing entries of these three sums, nor did he verbally account for them—I made inquiries, and on 8th Nov. received this letter (produced), signed "Edward Bussell"—in consequence of the inquiries I made, the prisoner was apprehended on 23rd Nov., early in the morning—I appeared before the Magistrate on the same day, and when I came home I found this letter—I did not open it, but sent it at once to Mr. Hobler—I left home about 11 o'clock—it had not come then—the prisoner never put a date to a single bill. (Three of the prisoner's written statements were here put in.)
Cross-examined by MR. RIBTON. Q. How long has he been with you? A. About three years—I was to pay him 12 1/2 per cent. on the money collected—he has got me a good many orders, and I have received a good deal of money—he has been in the habit of paying me, suppose we say, 4,000l. a year, but I cannot be certain—he could do a great deal more if he liked—I was obliged to go into Kent after him, and he had just left the day I got there—he ought to have paid me the town orders at the end of two or three days, but he did not—I cannot tell how long he let it run, because there is a vast deal of money which he has kept to himself, and he has put no dates to the bills—he sometimes paid money the same day as he received it—if I was there, he handed the money to me; if I was not, to Mr. Wynn, who used to enter it in the cash book.
Q. Here is "October, 366, 4, Blacklock, Bournemouth, 3l. 11s." What does that "366" refer to? A. That is the page in the ledger—Blacklock is a customer's name—there were various times when the prisoner did not account at all—he has made a great many payments within three years, but out of all I have only got three written statements—I believe he did not give more than three—he used to say, "I will pay you 20l. to-day, and to-morrow I will bring you a statement," and would do so—I do not know that he ever paid me more than 30l. at a time—it was not immediately on his return from Kent that he brought this statement to me—he paid me about eight or nine days after he returned, and then we had to send after him several times, and when he came he brought this written statement with him—my clerk, Wynn, was present—we were both in the counting house—the prisoner handed this in as a statement of the money he had received in Kent—the goods had been sent to the customers three or four months before—he had been down canvassing, and had obtained the orders, and went down again to collect the money, and get new orders—this cash remitted, 53l. 11 was sent to me by post, on account of these twenty-two orders, amounting to 69l. 10 leaving a balance due to me of 7l. 5s. 3d.—he never went out of the house without his commission, after asking me for it—there was always a sort of running account between us as regarded his commission—my books will show payments to him—here is his signature for his commission, 15l.—my clerk can better explain whether that was given to him on account—this is in my clerk's writing—I always paid the prisoner cheques, and sometimes he used to have it in gold—I have never paid him on account more or less than his commission—I have several other travellers—during the whole of my dealings with the prisoner, he was sometimes a week without my seeing him—he also travelled for another house, a brewery, and they have discharged him too—the bills I took from his hand
are at home, if they are not destroyed; and if they are, we can make them out again from our books—they were bills which I had given him to collect.
MR. ROBINSON. Q. Whenever he paid you any sum in the lump, did he always give you a verbal account of how it was made up, or did he sometimes wait for a couple of days? A. That was always done when the lump sum was paid—the money was put into the desk, and I used to give him a receipt for it, and he always gave me a verbal or a written account at that time—I always saw that the lump sum corresponded with the items he gave me—he saw the entries made in my book—he sometimes looked over my book at the time he paid the money, and sometimes did not.
MR. RIBTON. Q. Had you been on intimate terms with him? A. Not particularly—I have drunk with him in a public house once or twice in my life—he has never been up stairs, out of the shop, into my house—I never received 1d. from him in a public house.
JURY. Q. Was he careful in his accounts generally? A. I consider him a very careless man in his arrangements with me—he is a man who does not care how things go, or how he spends his money.
NATHANIEL WYNN . I am clerk to Mr. Pritchard—the prisoner was in the habit of accounting to me for sums he received from time to time—sometimes he would send 5l. or 10l., but not always, and at other times I used to enter it into the cash book by word of mouth from him—I always found the sums he gave me balanced the accounts—he has never accounted to me for 16, 17 or 1l., 13 received of Mrs. Isaacs, of Oxford-market, on 9th May, 6th July, and 26th Oct.
Cross-examined. Q. If be paid you money on 9th May, where is the book that you entered it into? A. Here it is (producing another book)—here is the cash book—the day book is not here—he is not the only person who pays me money during the day—I cannot say how many I received money from—this is the only cash book we have—I made all these entries myself, and they are signed by my employer when I deliver the money over to him—I have received money from the prisoner many times when Mr. Pritchard is not there—I will undertake to say that I entered in the book every thing I received from him, and I always made them in the prisoner's presence—I once received 30l. from him, when my employer sent me after him—that was in a public house in Princes-street, Cavendish-square—I have many times received money from him in public houses—not two or three dozen times—we had not an additional glass when the 30l. was paid—we had one each—he did not give me a written statement with that, or tell me by word of mouth—it was his habit to send money down to the house, and I repeatedly had to go after him—the 30l. was small sums which he had received—it is entered in the cash book—it was last year—here it is, signed by ray employer—the prisoner told me how it was made up—he came down afterwards and made a statement, and I entered it in the cash book, every fraction of it, but he did not come down for a long time after-wards—the unfortunate customers were credited in the ledger when I posted the books up—I know that, because he gave it to me by word of mouth, but I cannot find it out now—this is my writing—here is an entry, '24th July, Parkham, Dover, 8s. 6d. '—that is another traveller who paid me 8s. 6d. from Parkham, his name is Spicer—I am positive that the prisoner did not pay me that, because I know my own writing—my writing will not tell me who paid it, but I remember it, and I remember the day well—this "Hipgreen, paid 3l.," is included in the 30l.
Q. Find here (in another book), "Packham, Dover?" A. No, you cannot find that there.
Q. Yes, I do, look at it A. Well, that is a mistake—no, it is not a mistake, it is one of his customers, but there are two Packhams—Packham of Dover is one of his customers—he paid that 8s. 6d. I think, by my book, in the 30l.—it was not Mr. Spicer that paid it.
Q. But you swore positively that you recollected on that particular day that Spicer had paid you the sum of 8s. 6d. A. (referring) That is one of Bennett's customers—it was Bennett who paid me that 8s. 6d.—we have two customers named Packham, and each belongs to two different travelers—the items making up the 30l. commence at Packham, not at Bingham, and as they follow down they are all the prisoner's customers down to "E. C. Fell, Canterbury"—I mean to say that those sixteen items make up the 30l.
Q. I find the sum total is 36l. 18s.? A. He might have paid a few pounds afterwards.
COURT. What is the sum that you received of him? A. 30l. He then came and gave me an account, and if it does not agree he must have paid me 2l. or 3l. more—it is always entered in his presence, and signed by my employer in one part of the book I put the sums I received of the different travellers in the gross, and in another part when they gave the statement—I mean to tell you that it is not copied from a written statement.
Q. But it all seems the same writing? A. Well, I cannot say whether it is copied from a statement or not, sometimes I take it verbally from him—I believe I am Mr. Pritchard's confidential man, and general manager—if the prisoner had paid me 17s., or any money, on 6th July, I should find an entry of it in the cash book—I do not see any entry of it here—he paid me 9l. on 19th July, 1855.
MR. RIBTON. Q. Just look at this bill (produced)—is that your writing? A. Yes, it is the receipt for the 9l. he paid us on 19th July—I can explain that—my employer sent me, I cannot say the date, to look after the prisoner, and bring down the money he had received—I went there on Saturday morning and saw him—he told me the money was at Hammersmith, but he would come during the day—instead of coming he sent a porter with two 5l. notes in an envelope, and I gave the porter an acknowledgment—he called next day and brought 9l., and asked me to give him a receipt in full for it, and this is the receipt—(I tappeared by the book, that the 9l. was paid first on 19th July, and the 10l on the 28th)—I am quite sure he paid me the 9l. after he sent me the two 5l. notes: it may have been a fortnight or three weeks after—my employer received the 10l. himself—he keeps his affairs in such a way that it is hardly possible to tell where it is booked, but I swear that it was booked—I cannot find any entry of the two 5l. notes—the 10l. was made up of various customers—they are entered in this cash book, but we never could keep our books properly through him—I never heard the customers complain of mistakes, at least not on my side—the prisoner often paid me money in the gross sum on account, and came and gave me the items afterwards—he never drew money on account, he had a commission, and when it was due he made a communication to my employer, that he wanted so many pounds, and he had it directly—his travelling expenses were not paid—he never drew money except when the account was settled.
MR. ROBINSON. Q. With regard to the 10l., and the 9l., although you cannot find the precise items now to which it applies, are you quite satisfied
that the prisoner gave you an account of it? A. Yes, and that I entered it in the book.
COURT. A. Just look at your book, there are two sums which you gave credit for; 20l. is one, can you show me who were the creditors whose payments made up that 20l.? A. We have so many customers, and it would be a month or two before he gave the statement of those customers—I have gone through the books, we have those customers in them—Mrs. Isaacs' account does not form part of these sums.
Cross-examined. Q. Did you pay him yourself? A. Yes—I live in London.
HENRY WEBB (City policeman). On 23rd Oct. I apprehended the prisoner at No. 19, Princes-street, Cavendish-square, at a public house where he was lodging—I told him I was directed by Mr. Pritchard to apprehend him on a charge of embezzlement—he said that he had had the advice of Mr. Bussell, his solicitor, and it was no embezzlement at all, and that he had asked for an account and could not get it—I took him to Moor-lane station, and found on him some memorandum books—(One of these contained the following entries:—"Mrs. Isaacs, Marquis of Granby, 2 lbs. cheroots, 7s. 6d.; by cash 16s.—July 5, Mrs. Isaacs. Oxford-market, by cash 17s.")
(The Jury stated that they considered the accounts thoroughly unintelligible.)
NOT GUILTY .
Before Mr. Recorder.
MR. ROBINSON conducted the Prosecution.
THOMAS NEWELL PRITCHARD . I recollect the prisoner going on his Kent journey, in August—Mr. Buchanan, of Dover, was indebted to me, on 19th May, 2l., 11s.; Mr. Isaac Ratcliff, 2l., on 18th Sept.; and Mr. Robert Gay, of Ramsgate, 6l. 5s., on 20th Sept.—the prisoner has never accounted to me for those sums—Mr. Ratcliff, and Mr. Gray would be on his Kent journey—he came back on 27th Oct., and presented this account to me (produced—This contained an entry of 4l. from Mr. Gay instead of 6l. 5s., and no entry of any money from Mr. Ratcliff)—7l. 5s. 3d. appears to be due on this account—he said that he would pay me that at the end of the week, and in consequence of his not coming, I went to his place, and at once dismissed him—I beckoned him out of the public house, he followed me 200 or 300 yards, and asked me for an account of all that he was to collect, and all that he had paid me for the last three yeans—I said, "Yes," just to pass it off—in consequence of this, I called on several customers, and communicated, among others, with Mr. Buchanan, Mr. Ratcliff, and Mr. Gay, and in consequence of that gave instructions to have the prisoner taken into custody—on 8th Nov. I received a letter from Mr. Bussell, a solicitor, asking for the account—on 23rd Nov., in the afternoon, I received another letter from Mr. Bussell, on my return from the police court—it was not there at 11 o'clock, when I left.
Cross-examined by MR. RIBTON. Q. He went into Kent in August? A. Yes, I think so, and returned in October, and called on me, and paid me a sum of money about a week after he returned—(The witness was unable
to find the entry in the books of the sum paid in by the prisoner; MR. WYNN was also unable to find it.)
NOT GUILTY .
THOMAS JONES (policeman, H 174). On 10th Dec, about half past 2 o'clock in the morning, I was on duty in St. George's-street and heard the noise of some shutters falling on the opposite of the road, and saw a man passing about a dozen yards from the shop, but did not see who it was; I was not near enough—I then went up to the shop, and saw the prisoner about five yards from where the shutter fell—I saw that the window was broken, followed the prisoner, and saw him stopped—I had lost sight of him for three or four yards, but am sure he is the person—I asked him what he did there at that time in the morning—he said, "I have come from Bethnal-green workhouse"—I asked where he lived—he said, "No. 19, Manchester-street, Waterloo-town"—Gibbs, who took him, pointed out a place in Denmark-street—the prisoner had ran by that spot, and had an opportunity of dropping anything there.
JOHN GIBBS (policeman, H 206). I was on duty in the neighbourhood of St. George's-street, Bethnal-green—Jones called me, and I saw the prisoner walking in Denmark-street—I asked him what he did there at that time of the morning, and he ran away—I pursued him for about fifteen yards, and caught him—I then went back into Denmark-street and found this spice box and spittoon (produced)—I pointed the spot out to Jones—Howland pointed out to me the street where he found some spoons, it was within five or six yards from where the prisoner ran.
MARY JOLLEY . I am single, and live with my brother, William Jolley, who keeps a tin shop, in St. George's-street—I manage the house for him—these are his spoons—some are German silver, and some metal—they have the maker's name, "Dixon," on them—we missed some of this sort, also a spice box like this—they were in the window over night, and were all new articles—I was called up by the police, about half past 2 o'clock, and found this shutter down, and the window broken—I was the last person up the night before—the window and shutter were safe then.
Prisoner's Defence. I am innocent.
(The prisoner received a good character.)
GUILTY . Aged 24.— Confined Four Months .
NEW COURT.—Friday, December 21st, 1855.
PRESENT—Mr. Baron ALDERSON; Sir GEORGE CARROLL, Knt., Ald.; and Sir HENRY MUGGERIDGE, Knt., Ald.
Before Mr. Baron Alderson and the Fifth Jury.
The Hon. C. WILDE and MESSRS. RYLAND and LOCKE conducted the Prosecution.
REV. DR. JAMES AUGUSTUS HESSEY . I am master of Merchant Tailors' School, and have been so ten years and a half. It is my duty to reside in the house, south of the school, nearer to Thames-street—the school is on the north of the house, on the east side of Suffolk-lane, which is a narrow, precipitous lane, leading from Cannon-street to Upper Thames-street; it has only width for one carriage—I know the premises nearly opposite my house perfectly well—till lately I believe it was a warehouse for ordinary goods, packages of various descriptions—since April last the defendants have been in possession of those premises—since then a' business has been carried on which appears to be connected with the mixing of some spirit or other—I have seen the mixing going on in the street—they transfer the spirit from one vessel to another called the tarboy—when they are mixing it, a very noxious effluvia is produced—I perceived on my premises there was a very noxious smell of this naphtha, which is very offensive—of course it is not so bad when they are not mixing it as when they are, but it is very bad then—I have no means of knowing whether any persons sleep on the defendants' premises—I and my wife and family sleep on my premises, and a good many boarders—I have now sixteen—generally, when they are not mixing it, if the weather is at all warm, there is a very sour stale smell, like the escape of naphtha from a lamp—it pervades the lane, and the rooms of my house—my own library, and my kitchen, and the front door of my house are towards the defendant's premises—I have not attempted to use that library lately, I was driven out by the smell—I perceived it in that room very badly indeed—I gave up the room in consequence—when I attempted to use the room in the summer, I found the smell from the lane gave me the headache, and nausea, and falling sickness—I really could not sit in the room—I had not had such symptoms before—I was obliged to have the window open sometimes in the summer, and then of course the whole room was pervaded with this nauseous smell; and on last Sunday I noticed the smell very bad when I came home from church in the morning—it has been so since April last—it is considerably less in cold weather, and it is more when they are mixing than when they are not—the stuff in this phial (smelling it) has the same smell of which I complain.
Cross-examined by MR. SERJEANT "WILKINS. Q. I am afraid there are several other subjects of annoyance in that neighbourhood? A. Yes—I have complained of want of light—I do not know that I complained some time ago, when those premises were used as warehouses, of the streets being blocked up by carriages and waggons—occasionally they are—I have represented that my dining room was reduced to a mere cavern, but I do not know that I stated that the carriages were a special annoyance—at the back of my house is a skin warehouse—that is an unpleasant smell—I do not know what skins they are, I believe they are foreign skins—they sometimes emit a very unpleasant smell—I think next door to the defendant's is a wholesale druggist's, but I really can hardly swear it—I do not know whether there is a wine and spirit merchant's a little beyond that.
Q. Did not you yourself in the first place presume that the smell came from there? A. Not the one you mention, but the one at the top of the lane; I thought the smell came from washing their casks—there are three or four large houses between that and the defendant's—in Nov. four gentlemen came to look over my premises—they came over my house—I do not know whether some of these things were mixed while they were there
they said they had been mixing them—I did not discover any smell from the lane, but from the gentlemen that had been in the warehouse there was a very unpleasant smell—they brought it in with them.
Q. You have just stated that the windows of the library were closed; was not your hall window open? A. I do not know—I did not see it—I never complained to the defendants of that smell—I have complained to my own friends, and to the master of the Merchant Tailors' Company—my health is tolerably good just now—I do not know that this evil has added much to the medical expenses of my establishment—my boys have bad no illness—they say that the evil of which I complain is a very powerful antiseptic.
MR. WILDE. Q. Are you aware that antiseptic means to keep from rotting? A. Yes—when those gentlemen came to me they told me they had been mixing, and they smelt like it—I said to them, "Gentlemen, you have brought in the smell with you very strong"—I went with them down into the study at their desire—they wished to go—the window and door were perfectly shut up all day—I did not find any smell, there—I led the gentlemen into the room as far as I can recollect, and I said, "There is no smell here"—the skins in that warehouse are, I think, dried skins—they seem to be brought from abroad—there is only a warehouse there—I have smelt them at times—I never felt any sensation of sickness or headache from them—the druggist's at the top of the lane was where the smell came from—I spoke to Mr. Reid about it, I think about May—I did not know what the smell was—I asked him if he washed his casks in the lane—during the whole time I have been there, I did not experience this feeling till the defendant's place was in operation—I do not know that I complained to any one about the carriage way being blocked up—I did not speak of the lower rooms being darkened—it is the upper rooms—the northern rooms.
MR. SERJEANT WILKIKS. Q. You said the odour was particularly offensive when they poured out the spirit in the street, from one vessel to another; have they not ceased to do that for some time past? A. I think I have seen it once or twice lately.
REV. JOHN ALFRED LUMB AIREY . I am mathematical master at Merchant Tailors' School, and have been so six years—I do not reside at the school—I go there a little before half-past 9 o'clock in the morning, and reside there most part of the day, with the exception of one hour—I know the defendant's premises by sight in passing—I do not know what the premises were before the defendants had them—my attention was first directed to those premises sometime last summer, by a horrid smell in passing up the lane—I cannot say in what month it was—it was during the hot weather—I have no doubt the smell of this bottle is the same, but it does not smell so strong as I have smelt it in the lane—I do not smell it so strong now, perhaps on account of the cold weather—Laurence Pountney-lane runs parallel to Suffolk-lane at a distance of about forty yards on the east side of Suffolk-lane—the defendant's premises are on the west side of Suffolk-lane—Bush-lane is to the west of the defendant's premises—I go to Laurence Pountney-hill, or Laurence Pountney-lane, to lunch in the middle of the day.
Q. In passing along there have you ever smelt this peculiar smell? A. I should say more than two years ago, at the top of Laurence Pountney-hill, but not in Suffolk-lane—I found a smell similar, but not so bad as this, last summer, and in a different place—I cannot answer the question, whether I have since last April smelt this smell in Laurence Pountney-lane—I do not
know that I have smelt it much lately—I only smelt it once, some time back, on a wet day—I smelt it coming up the lane from the defendant's premises—I should think that is about three weeks ago.
Cross-examined. Q. I hope, when you were going to your lunch, it did not interfere with your appetite at all? A. I cannot say that I smelt it at that time—my health is tolerably good—I have very little doubt whence this smell proceeded—I described it as an excessively nauseous smell, like some horrid kind of physic—I have often passed wholesale druggists—I have not encountered a smell like this there—I describe this as physicky), because it is the most horrid stuff that can be—I know Laurence Pountney-lane very well—I should think this smell does not proceed from there—I do not know that there is a manufactory of this kind in Laurence Pountney-lane—most of the buildings in Suffolk-lane are warehouses—the school is within two or three doors of Thames-street.
WILLIAM ROBINSON . I live at No. 152, Upper Thames-street. I am a clerk at a brewery—my house is very near the defendant's premises—there is a wholesale druggist's between—I have lived there since Feb.—the druggist was there when I went—in the course of last spring and summer I perceived a noxious unpleasant smell—it was a strong smell of some spirit, very offensive and very powerful—I was told that the defendants took their premises at Lady Day—I smelt this in April, after the defendants came there—at the commencement it was not so powerful, but as time went on it increased—within the last month it has not been quite so bad, but we always have it in the house—I have not felt the effects so much on myself as on my family, because I am much out—I smell it when I come home to my dinner—I occupy the whole of my house—the smell is all the way up the house, the bed room and dining room more particularly.
SARAH ROBINSON . I am the wife of the last witness. We reside in Upper Thames-street, at the end of Suffolk-lane—we have lived there since Feb.—in April we began to be annoyed by a strong smell of spirits and naphtha—it came from the defendant's premises, next door but one to where I live—it was very unpleasant—it always smells in the house—it has had a very great effect on my health—it has produced violent head ache and sickness, and frequent fainting—I had not been troubled with these symptoms prior to this—I was obliged to leave my home for five weeks in July—I went near Watford, in Hertfordshire—I perceived this smell in the small dining room that we generally live in, and in my bed room—on retiring at night I find it in my bed room—on 24th Oct. I remember there was something burst in the lane, and it made me so very ill I was obliged to leave the house.
Cross-examined. Q. I believe your health has been bad for some time? A. I do not enjoy the best of health—I have had bad health for some years—I have had a nervous affection—I have had head ache, but not so bad as since I have lived there—I had not had fainting till I came to reside there—I cannot say I never had it, but only occasionally—in July I went into Hertfordshire, to the house of a relative, Mrs. Marsh—I had been in the habit of visiting her, generally once a year, not always in July, sometimes in the spring—I stayed with her sometimes three weeks—I had before lived in Trinity-square, in the Borough—our house is very near Calvert's brewery—there are sometimes large quantities of grains—I cannot say how often they are removed—I see the waggons there occasionally.
COURT. Q. Have you any family? A. I have a daughter—she is a
great deal more out than I am, but she is affected—I have a son, who is at boarding school—I have one female servant—she is a very hardy girl, but she has been affected with sickness this year.
MR. WILDE. Q. Was this breaking in the street immediately followed by any sensation? A. Yes, I was dreadfully affected immediately.
HARRIET RICHARDS . I am a single woman, and live at No. 2, Little Bush-lane. The back of the defendant's premises are at the back of my house, they adjoin—I have experienced smells coming from their premises very much—in July I observed it very strong indeed—I had smelt it several times before that—I do not rightly know the month—I smelt it in May, June, and July—it was a very strong smell—it affected me very much—it gave me a bad head ache, and affected my eyes so that I could scarcely see, and it affected my appetite—I could not eat—I had had very good health till then—within the last fortnight or three weeks there has been some glass put up, and I do not smell it.
Cross-examined. Q. What is your business? A. I am sixtoness of the church—the grave yard has been closed five or six or seven years—at the time the grave yard was in use it did not affect my appetite—it rather increased ray appetite—I have lived in Bush-lane ten years—the rent of my house is 35l. a year—I have medical attendance during the summer—my health is not very good now—I am about forty years old—I have two gentlemen live in my house, one of them is here—he is a clergyman—the other gentleman is a salesman, in Leadenhall-market—one of them has lodged with me twenty years, the other ten—I have not smelt this since the glass has been put in—there were holes before, and old glass—since that has been repaired I have not smelt it.
MR. WILDE. Q. You smelt this-in July? A. Yes, and there was great danger—one night I went into my yard with a candle at 12 o'clock, and it caught light—there was a blue light round it—I had not smelt this smell nor experienced this sickness till last summer.
REV. WILLIAM MICHAEL LUCIANO . I am afternoon lecturer at All Hallows Church. I have lived with the last witness ten years—her sister kept the house previously, and died there—in the course of last summer I experienced an unpleasant feeling many times—in July I was ill—I did not attribute it to that then, but since then I think it was that—the effects I felt were prostration of strength and faintness—I had not been at all subject to that till last summer—the smell continued during the summer—the medical man who attended me considered me in a dangerous state, and removed me to his house in Bloomsbury-square—when I got there, those symptoms abated in about three days—my appetite increased, and in Aug. I felt I was restored, and I returned to my duty—I have not felt so strong as I did previous to going, but generally speaking my health is very much improved—I have not smelt the smell lately so much as before, except once Mrs. Richards had pasted some papers against my window, and they pulled them down for the windows to be repaired, and I then smelt it very much, but the window has been put in repair a fortnight or three weeks, and now I do not feel any inconvenience from it—the smell was worse in the warm weather, but I did not know whence that proceeded till I had an opportunity of going into the warehouse with Dr. Taylor, and I perceived that the smell there was the same as that that pervaded my own dwelling.
windows—I went there for that purpose about five weeks ago—the windows I had to clean were in front of the house towards the defendant's premises—when I went I was in good health—while I was there I was taken very bad—I became sick, and vomited—it was the smell of naphtha made me sick—I did not on that occasion see what was doing on the defendants' premises—on other occasions when I have been there I have perceived the same smell.
Cross-examined. Q. Are you a plumber, glazier, and painter? A. Yes, a journeyman—a gentleman came to the shop this morning and asked me to come here as a witness—Dr. Hessey on one occasion took my name down—that is about three weeks ago—the smell of paint never affected me, I was born in it—I never had a day's illness in my life—when I was taken sick Dr. Hessey was not acquainted with it—his servant was.
CAROLINE BUSH . I am cook to Dr. Hessey—I think I went into his service on the 16th Oct.—as soon as I got there I experienced a bad smell—I never smelt such a smell before—it made me very ill indeed—I had violent giddiness in my head, and headache, and sickness—the stuff in this bottle has the same sort of smell—it came from opposite our house—the kitchen windows are directly opposite the defendants'—I am obliged to keep the windows shut, and at times I could not go near the street door—I am obliged to get my fellow servant to go, on account of the smell.
Cross-examined. Q. How long have you been a cook? A. Ten years—I believe I am pretty perfect in it—I do not know exactly what wages I am to have—I believe 16l.—I believe my last place was as good as 20l.
CHARLES HODGES GAUNT . I am clerk to Mr. Edwards, a solicitor—his office is at No. 3, Laurence Pountney-hill—that is to the eastward of Suffolk-lane—I am employed there from day to day, generally the whole day—for the last few months a very unpleasant smell of naphtha has pervaded our office—in the back rooms the windows look into Suffolk-lane—it is very strong indeed there—I have no doubt it came from the warehouse of the defendants, because we wrote to them, and received an answer from them, which is the reason why I conclude it comes from their premises—it was very much better for a short time after that, and then it was as bad as ever again—we have a good many clients come, and they have complained of it—I have been there since Christmas, 1853—I had perceived this smell before last April—it affected me somewhat in the same way as fumes of charcoal—it causes a very disagreeable sensation in the throat—it is not near so bad in the clerks' office as it is in Mr. Edwards's office at the back.
Cross-examined. Q. You smelt this prior to April? A. Yes, ever since Christmas, 1853—Mr. Edwards is not Dr. Hessey's lawyer—he merely complained on his own account.
THOMAS COWEY EDWARDS . I smelt this smell very much last summer—it was very offensive indeed—it was undoubtedly naphtha—my office abuts on Suffolk-lane—the windows look on Suffolk-lane—it has had different effects on me at different times—it depends on my own health—at times it produces giddiness and nausea, and it affects my sight—it has never caused me to vomit—I am a very robust man.
DR. ALFRED SWAINE TAYLOR . I am a doctor of medicine, and fellow of the Royal Society, and have very extensive practice as a chemist. On the 19th Oct. I went to examine the defendants' premises—I met with very great kindness and attention—I went to Mrs. Richard's house first, and I perceived at the back, adjoining the wall of the defendants' premises, a smell, which I immediately recognised as wood naphtha—it was strong—I
saw at the wall of the defendant's premises there were four lower windows, imperfectly glazed—they were stopped with newspapers and other things—I then went to Mr. Robinson's, at the corner of Suffolk-lane, which is nearer to the defendant's premises—I perceived the same smelt of naphtha there—I went into the defendant's warehouse—I perceived the smell of naphtha there stronger—I found wood naphtha stored there with other things—the defendants said the wood naphtha amounted to about 5,000 gallons—it was in tins holding, as I was informed, twelve gallons each—there was no mixing going on at that time—all the naphtha was in those tins—there was spirits of wine there—I was not informed what quantity—I then asked to look at the place where the mixing took place, and there were two large vats for mixing this naphtha with spirits of wine, according to the Excise regulations—each vat was capable of holding about 2,000 gallons—they were partly open at top—there was a sliding valve and a hopper in the centre—the top of the vat was not open, only the centre where this hopper was—there was no spirit in at the time I was there—the course of mixing would be to put in the spirits of wine or the naphtha-it would not matter which was put in first—they would mix and blend together—let them stand a little tune, and they would chemically mix—it is taken out, at a tap below, in tarboys or tins—in drawing off it would emit a vapour, it is so very volatile—it would give out its vapour the same as gin does in the street—there is 1-10th of naphtha mixed with 9-10ths of spirit.
COURT. Q. What time would it take to put alt this into the topper? A. The tins have rather narrow necks, perhaps half an hour—it does not require to be long in the vat, I should think twenty-four, or thirty-six hours—it would be in the process of putting in, and drawing out, that the effluvia would evaporate—at the time I was there none of these processes were going on, but, notwithstanding that, there was a very strong smell escaping from these tins—the effluvia is very volatile, it diffuses all over the place—it is lighter than alcohol, and is perceptible to a much greater extent—in hot weather there would be so much more Vapour go off that the smell would be greater.
MR. WILDE. Q. What is this naphtha? A. The product of the distillation of wood—it contains tardy oil, which is very inflammable—it is used by chemists, chiefly for spirit lamps—it does not give much light—it is used for heat more than light—there is another naphtha, which is obtained from coal, which gives great light but not much heat—the effect of breathing this vapour, mixed with air, produces insensibility—it has been used for that—it is more powerful than chloroform—it has been used on horses during surgical operations—nausea, head ache, and giddiness are such symptoms as naphtha, mixed with air, would produce—it is decidedly narcotic.
Q. Is it possible for a person to become used to it, so as to be less affected by it? A. Yes—to persons constantly in it, the effects would go off—but there are some who never can get used to it, and not be affected by it—it depends on the constitution—it is very inflammable—it is more inflammable than the vapour of spirits of wine—it would be ignited under circumstances where spirits of wine would not take fire—in hot weather it would be very dangerous to bring any light in connection with it—it would be most dangerous to carry on by candle light—if any fire were to take place in the neighbourhood, it would be a most dreadful explosion, I think more dangerous than gunpowder—in one experiment, I poured some on some gunpowder, and it burnt off itself without setting fire to the gunpowder—gunpowder requires close contact with any hot body, but this will ignite from a
distance—I held a bit of red hot iron over a saucer of gunpowder, and it would not ignite at the same temperature that a saucer of this did—it is an explosive, inflammable gas—there are substances more inflammable than this—ether is more inflammable.
Q. What would the effect of water on it be? A. This hot liquor would float on the water, and be carried down the street—this would still burn over the surface of the water—a very large body of water might extinguish a small quantity of it, but 5,000 gallons would have the effect of burning down a large part of London—this has been tried as a liquid for infusion into dead bodies, but the smell was so offensive that the students could not go on with the operation—they preferred the smell of the body—I would, certainly, sooner sleep with a barrel of gunpowder in my room than I would with a barrel of this—this is capable of being ignited from a distance.
DR. HENRY LETHEBY . I examined the defendant's premises on the 24th Nov.—there were about 800 gallons of naphtha there—they were not then mixing—the naphtha was in tin cans—there was a strong smell of naphtha—the effects of the vapour on persons is first an offensive smell, then nausea, headache, giddiness, and insensibility, and temporary disturbance of vision—it produces the sort of effect that other narcotic vapours produce—if a large quantity of this were stored, no doubt a considerable quantity of vapour would go off—in hot weather especially—it is very volatile, indeed, it is very inflammable—if there were any fire in the neighbourhood it would be very dangerous—I watched to see if there was any fire, or candle, on the premises, and I found no lights were used on the premises.
GUILTY .— To appear and receive Judgment when called on .
LOUIS ROCHEFORT (by an interpreter). I live in Paul-street, Finsbury-square—I have known the prisoner for fifteen or eighteen months—I have had dealings with him—he has several times bought watches of me—in the course of our dealings I have seen him write—on the 23rd Feb. I received this letter from him, requesting me to discount this bill of exchange, which was contained in the letter—(this was a bill of exchange for 10l., drawn 26th Jan., 1855, by Ferdinand Bernhard Braun, at three months, and accepted by Herman Hirshfield)—when I received this bill, I gave the bearer 5l. for Mr. Braun—I knew the bearer before, by having seen him very often with the prisoner—his name was Trane—I knew he was messenger to the prisoner—in the evening the prisoner came to me—I told him I had sent him 5l., and he said he had received the 5l.—I asked him who Mr. Hirshfield was—he said he was a man I had seen at his house, and he wore spectacles—with respect to the remainder of the money due on the bill, I said I was short of money, but if he wanted to pay a bill, I would give him a 5l. bill which I had, and which was then due, he said the acceptor of the bill lived at No. 10, Duncan-street, Leman-street, Goodman's-fields—he said he received the bill from Hirshfield, who had bought some watches of him.
Cross-examined by MR. PARRY. Q. Did you not give your evidence in English before the Magistrate? A. I understand a little—what little was put to me I could answer—the interpreter was there, and helped me to answer—I first found out that this bill was a forgery after it became due.
Q. When you asked the prisoner who this Mr. Hirshfield was, whether he was the little man with spectacles, did not he say, "No, a fine tall man"?
A. No—when I came before Mr. Hirshfield, I said, "You are not the man"—before I made this charge, I threatened that if the prisoner did not pay the bill, I would charge him with forgery—this letter is not my writing (looking at one)—I have seen Mrs. Collins before—it may be that the prisoner said in her presence that Mr. Hirshfield was a tall, fine man, but that was after the bill was due.
Q. Have you not asked to go in partnership, and made offers within the last two or three months, of going into partnership with the prisoner? A. Mr. Braun made the offer to me and I consented to it—that was in April—I have sent watches to him within the last two or three months to be repaired or sold—I did not give them to the prisoner, but to a man for him—I took the security of Mr. Smith to be paid this bill and other monies that were owing—about 18l.—I agreed to take payment at 5s. a-week of the prisoner for what he owed me—that included this bill—I have been in this country eighteen months—I was at Breslan, in Germany—I was obliged to leave for political motives—I was never in prison in my country—I have been in civil matters but not criminal matters—I have had a civil process against me—I have been summoned before a Magistrate in this country—it was for detaining goods for money I had advanced—I was obliged to give them up.
HERMAN HIRSHFIELD . I am a dentist, and live at No. 2, Sidney-terrace, Commercial-road—I did not live in Duncan-street in Jan.—I can swear I was not there on the 31st Jan.—I take my apartments weekly—I left there, to the best of my belief in Dec. last year—this is not my signature to this bill—I know the prisoner—I had several transactions with him—we were on terms of friendship—he did not know me as living at No. 10, Duncan-street—he never visited me there—he never visited me after I left—he never was at my place at all—I did not see him for more than a month after I left Duncan-street—this is not my acceptance to this bill—I never gave this bill to the prisoner in discharge of a debt I owed him—I had no dealings with him for watches, but I have had some repaired.
Cross-examined. Q. Herman Hirshfield is a very common name in Germany? A. Yes, a great many gentlemen in Germany bear that name—I saw a gentleman of that name at Mr. Braun's—I do not know tha the is the acceptor of this bill—from what I have heard he has left the country—he asked permission to have letters addressed to him at my address, and to use my address—the house in Duncan-street is not a house where Germans lodge—they only keep one gentleman at a time—they let their apartments downstairs—the prisoner said at once that I was not the person who accepted this bill, it was another Mr. Hirshfield—I know Mr. Rochefort—he speaks English very well—I heard him examined at the police court—he gave his evidence in English—I have known the prisoner—I can say nothing but that he bears a good character—he is quite a gentleman, and a very industrious, hard working man.
MR. SALTER. Q. You knew a man of the same name as your own? A. Yes—I knew him in Oct., 1854—I cannot tell when be left England—the last time I saw him was the beginning of this year—he was not a short man with spectacles—he did not visit me.
NOT GUILTY .
THIRD COURT.—Friday, December 21st), 1855.
PRESENT—Mr. Ald HUNTER; and Mr. RECORDER.
Before Mr. Recorder and the Sixth Jury.
MESSRS. BALLANTINE and PARRY conducted the Prosecution.
JOHN GOSSETT HILL . I had chambers at the Albany in Aug., I left them at Michaelmas. I answered an advertisement of the prisoner's as valet, and the prisoner presented himself to me; I did not want a valet, but a general servant, and he was quite satisfied—some of the rooms at the Albany adjoining mine were being repaired—I had three rooms, and there was a kitchen for my servant—the servant's room was at the top of the house, but it was locked, as I had been out of town some time, and the key was on a bunch which I had just put away, and as the prisoner came just as I was going out to dinner, I told the servant to put some sheets on the other bed on the ground floor, which I had previously occupied, but the room had not been used for some time—I slept in another room on the ground floor—(I have taken a house in St. James's-square, which at that time I was looking after, and everything was disarranged at the Albany, as I was on the, eve of moving)—the prisoner came into my service on 7th Aug., and I went to a party that evening—the prisoner brought me my hot water and boots next morning, and waited on me at breakfast, but said nothing to me, and I went to my engagements in the City at my usual hour—I returned about 6 o'clock in the evening, and just as I was going out again to dinner, the prisoner said, "You came to my room last night, you know you did; you wanted to take liberties with me, and wanted to get into bed; I shall give you into the hands of the police or go before a Magistrate, unless you give me a sum of money"—I said, "How much will satisfy you?"—I was so horrified at this charge, that I lost my presence of mind; "will 5l. satisfy you?"—he said, "No, a lawyer will give me that for making such a charge"—(this was at half past 6 o'clock; I had dressed and was going out, I do not think I saw him when I came in till he came into the room at half past 6 o'clock)—I ultimately gave him a cheque for 45l., and brought him the money next day—I was at that time on the eve of marriage, my mother was in very bad health, and was obliged to be taken away to drink the waters, and my father is of an excessively excitable temperament—those matters operated on my mind—if I had been alone in the world, I should not have hesitated a moment what course to pursue—the prisoner left my service on the following day, on the afternoon of the 9th—I told him he must go, and, of course, he was quite willing to do so, and I afterwards received a letter from him—it was this day fortnight—I destroyed the first letter, but this (produced) is another letter, which I received from him this day fortnight—it is excessively insolent—I know his writing—(Read: "Dec. 7th, Oxford. Dear Sir,—Having written two letters, and received no answer, I have taken the liberty to write the third, and if I receive no answer from you, you may expect to hear from some one else. I have heard (this part was illegible)——, as I shall let my friends know; and I shall expect an answer by return of post. To Mr. Hill, Oughton
House, Harlow, Essex.")—that is my father's house, where I was staying—in consequence of that I consulted my solicitor, and he gave me instructions what to do—I employed a policeman, and secreted him behind the curtains at my house No. 24, St. James's-square—I made an appointment with the prisoner, which was not kept by me; that was by advice—it was kept by the prisoner—an appointment was then made for Monday, the 10th, at half past 8 o'clock—a policeman named Crocker was engaged to watch and hear what took place—my brother in law was also present, but concealed—I made the appointment by telling the servant to say, if the prisoner called again, that I should be at home at half past 8. o'clock on Monday evening, 10th Dec.—the policeman Crocker was so situated as to hear what passed between us without being seen—the prisoner said, "I am very sorry to trouble you again, but I want a little money; my grandfather is willing to establish me in business if I can get some money"—I replied, "On what grounds do you come to me?"—he said, "You know, Sir"—I said, "A repetition of that horrible charge which you made against in me the summer?"—he said, "Yes, Sir"—I said, "But when I gave you that 45l., you promised me you would never trouble me again"—he said, "But 1 have been ill, and spent the money, and I have seen such cases in the papers since then"—I said, "What will you do if I do not give you any money?"—he said, "Consult with my grandfather, and place it in the hands of a lawyer"—I said, "But what will you accuse me of?"—he said, "Of haying come, to, my bed side and tried to take indecent liberties with me"—I said. "How much money will you want?"—he said, "I do not know, Sir," and then, after some hesitation, said, "20l. "—after some hesitation, I said, "I suppose I must give it to you"—I wrote this cheque for 20l. (produced), and gave it into his hands, and the constable and my brother in law came from behind the curtains, and he was taken into custody—there is not a word of truth in the filthy accusation this man has made—it makes one sick even to think of it.
Prisoner. Q. When I came to you, you said that I could come in that night; and as my room was not ready, I could sleep in your bedroom, and I said that there was no occasion for that) A. Yes; I think you said, "There is no occasion for that, I have got my own rooms in Bruton-street, and can sleep there"—I said that I would rather have you come in that night, and you did.
COURT. Q. Bo you mean that you said, that ho might sleep in your bedroom? A. Yes, that was a room which I had occupied before, but I did not intend to occupy it again, I occupied another room—all the rooms in the Albany open into one another.
MR. PARRY. Q. A gentleman who has a servant in the Albany, must sleep almost next to him? A. Yes.
GIDEON CROCKER (police sergeant, C 9). I was sent by the inspector at the station to Mr. Hill's house, and was employed to watch—I was out of sight, but perfectly within hearing—Mr. Hill's brother in law was also within hearing, behind a curtain with me—the prisoner said that he was very sorry to trouble Mr. Hill again, but his grandfather had thought of getting him into some business in Oxford, provided he could get a little more to put with it—Mr. Hill asked him how he came to him for money, the prisoner answered, "You know, Sir"—he said, "Is it a repetition of that horrible charge you brought against me in the summer?"—the prisoner Raid, "Yes"—Mr. Hill asked him what sum of money would satisfy him—he said that he did not know, but afterwards said, "20l. "—Mr. Hill asked if he did not get the 20l. what charge would he make against him—he said,
"You know, Sir, you know you came into my bedroom, and came to my bedside, and wanted to get into bed," or, did "get into bed;" words to that effect—he said nothing about indecent liberties at that time that I recollect, but he did at the station—Mr. Hill gave him a cheque for 20l., and as he was going away I stopped him, took him into custody, and took the cheque out of his hand.
Prisoner's Defence. I have always been living in gentlemen's families, I lived with Mr. Bigg about eighteen months; I left him on 10th July and advertised; Mr. Hill answered it; I arranged with him, and went to him a fortnight afterwards; I had eighteen months good character, it was taken from me at the police office; I showed it to Mr. Hill, and he was satisfied with it; I told him if he was not satisfied, Colonel Hall was living, and he could make inquiries about it, and my master was stopping at an hotel in Bond-street; he said that he would, but did not, and I went to him; on the first night I slept in the room, I had been there about two hours, when Mr. Hill came in; I went to bed about 10 o'clock, and he came in about 12; he came first to wash his hands, and came in afterwards with a light in his hand, and his dressing gown on (The prisoner here entered into the details of the offence in question); next morning he said, "You will not say anything to anybody;" I said, "No;" I knew nobody in London, and had no acquaintance but Mr. Bigg and dark; I said to Clark, "I do not know what that gentleman did that I am living with, but last night when I went to bed * * * * *; what am I to do, I cannot live with him;" he said, "Get him to make you some recompense, and leave him;" I said, "I do not know what to do about it;" when Mr. Hill came in, I begged his pardon, and told him I was very sorry, but I was not comfortable in his place; he had told me in the morning before he went out, to sleep in my own room at the top of the house; he said, was not my own room comfortable; I said, "Yes," but that I could not think of stopping after what occurred last night, and I wished to leave directly; he said, "What recompense can I make you for your time said, "I do not know;" he said, "Will 5l. do? "I said, "No, nor yet ten;" he said, what did I intend to do; I said, "I intended to go away and see some one about it, you have done me a great injury; I have been waiting about three weeks for your place;" he said, "Before I would have the thing made known, I would give you anything you like, but more than 40l. or 50l. will ruin me;" he gave me three cheques for 45l., and begged of me not to change them till next day, and said that he would give me the money next day; two of the cheques were on the same bank, the three amounted to 45l.; next day he brought me 45l. wrapped up in a piece of paper; I gave him the three cheques back, and he begged me to say nothing about it; all that my room wanted doing to was, I had to go down to the steward's office, and she put some sheets on the beds, that was the room I was to sleep in; she brought the key next morning; I only slept two nights there, one in his room, and one in my own; I have always had a good character; I have been in service from fourteen years old; if Mr. Hill had acted as a gentleman to me, I should have done so as a servant; I have lived with Lady Lee, and several other persons, but none of them are here.
COURT to MR. HILL. Q. Had you been out to a party that night? A. I had been dining out—I came home about 12 o'clock—I had not slept in that room for two or three months—it is true that I went into the room—I went in, because my washing things were there—I washed my hands there, and spent about a minute in the room altogether—I had no washing materials
in the room where I slept-it is a library, and the bed in which I slept was a press bed—the statement that the prisoner has made is absolutely false—I did not ask him to say nothing about it, because I had done nothing—nothing of the sort passed—the whole thing is absolutely false—it is only because there are particles of truth, which he has made a handle. of—it is true that I washed my hands there; that is the unfortunate circumstance; and it is also true that he slept in that room—the rest is absolutely false—I cannot recollect whether I gave him one cheque, or three, but I can find out if it is material—I cannot say whether the laundress brought the keys the next morning, but I could not find the keys, and, that is the reason that he slept in that room—it was first proposed that he should sleep in that room about 6 o'clock the evening, just as I was, going away—I had not time to look for the keys, as I was obliged to hurry—he brought a written character—I went to tie gentleman, at Long's Hotel but. he was not in town—I learned that he had been at the, hotel, and that was, so far satisfactory—I went to the prisoner's lodging, and they did not give him an unfavourable character, but on the contrary—I gave direction to the laundress to prepare, the bedroom for him at the top of the house—I saw, her as I was coming down the passage, and said, "Just have that room got ready."
Prisoner. On the night that he came to my bed he said that he should not wish me to sleep in that room any more, and that my room should be got ready next day. Witness. That is not true.,
GUILTY . Aged 22.— Transported for life .
MARY CLUTTERBUCK . I am a widow, and was living at No. 6, Kensington, place when the matter happened—I have two daughters—the eldest, Janet Mary, was thirteen years old on 24th July—that sitting in Court—she lived with me tip to 18th Oct, and so did my other little girl up to within a day or two. when she went to school, and this one was, to have gone on the Saturday—the were both to have gone to school on Saturday 20th—on Thursday, 18th Oct., I went out after dinner about 2 or 3 o'clock, leaving my eldest daughter at home alone—I returned about 6 o'clock and, missed her—I did not see her again till Sunday, 11th Nov., when she was brought to my house by Puddifoot, the officer, and her uncle—the Prisoners lived next door to me—they are father and son—the father is a tenant of mine—he lives in one of my houses, and I frequently saw the, son—they are both shoemakers—I gave no permission to anybody to take my daughter, away—she was not absent with my consent—she was unmarried.
Cross-examined by MR. RIBTON. Q. The prisoners lived next door? A. Yes—the elder prisoner has been a tenant of mine about a year and a quarter—I occupy the whole of my house with, my children—it has six rooms—I never saw the prisoners before the father became my tenant, but since then I have seen the younger prisoner frequently, he has been in the habit of coming to my house as a neighbour, but not very frequently—he has taken tea there several times—my daughter and be were not in the habit of walking out together to my knowledge—I never saw them alone together—I was not often from home—he was not in the habit of coming in almost daily to see us—more than a week used to pass without his doing
so—he has been invited in to tea with his sisters by me, to the best of my knowledge, but I do not recollect who invited him—on other occasions he has come as a friendly neighbour, uninvited—that did not happen very frequently—when he has come to tea he has stayed perhaps an hour, not so long as two hours—I have another daughter, and they were in the habit of playing and conversing as children together, while I was attending to my household affairs—I cannot exactly say that Janet was at home at 3 o'clock on the Thursday, but she was at home in the afternoon—we dine sometimes at 12 o'clock and sometimes at 1 o'clock—I went out about 3 o'clock, she was in the house then—I did not see her on my leaving, but I saw her after dinner, it may be an hour before I left—she was in the habit of going out, with her sister, close by, but unknown to me—she had about a quarter of a mile to go to school—she did not go to school that day—she frequently went out to school with her sister—1 did not know that she and this boy (Alfred England) frequently walked together—I have heard so since this took place—the boy never slept at my house that I know of—he has been in the house, but I do not know that he slept there—I never saw him sleeping there, but he has been in a bed room where the children have been—he has been there late at night, and closed the door, so that I could not get in; with her sister and his sister—that was from the early part of the evening—it was about the time that I was going to bed—I broke down one door to try and see who was there—he remained there all night—that did not happen mote than once to my knowledge—I swear that—I cannot remember when it was, it might have been six months before this happened—there was only one bed in the room—both of my children were in the room, and his sister.
MR. METCALFE. Q. The door was fastened, what did you do A. I remained till morning, and then got a person and broke open the door, fetched his mother in, and then he came out, and 1 sent him home.
COURT. Q. Did you go to bed? A. No—I stopped up all night trying to get in—the mother was not the person I sent for to break the door open—I fetched his mother between 6 and 7 o'clock, and she came in about a quarter of an hour before the door was broken open—I went and fetched a carpenter after the mother came.
MR. METCALFE. Q. Is that the only occasion you know of the lad having been the house at night? A. On another occasion, I was sitting up for my daughter to come in—I believe she was at Mr. England's, but I do not know—I laid down on the sofa and went to sleep, but she bad the key of the front door—it might be between 12 and 1 o'clock when I went to sleep—I awoke about 5 o'clock, and went up stairs to see the children—they had come in by one door, and I had expected them to come in by another—I went up stairs and found my two children, and the person who was staying as servant with me, in bed, and this young man lying on the outside of the bed in his clothes—I took him by the neck off the bed, put him down stairs, and followed him out—the father did not raise an alarm of thieves on one of these occasions, somebody might—I never had the slightest idea of the younger prisoner behaving to my daughter except as one child to another.
COURT. Q. You say on one of these occasions you found out that he slept there? A. I do not know whether he slept, but they were barricaded in the room—that was before the time that I took him by the neck, and put him out—the second occasion might be about six weeks before the girl was taken away—I do not remember whether the two occasions were
about six weeks from each other—it may be about two months—he has not drank tea in my house, to my knowledge, since the time that be barricaded the door—on the second occasion, when I turned him out at 5 o'clock in the morning, I found in the room my two children, and the servant girl, aged about nineteen—this boy and one of his brothers, about fifteen years old, were on another bed—that was the night when there wag an alarm of "Thieves!" in the house—my daughters and the servant were undressed and in bed, and this boy was undressed on the other bed—I did not dismiss the maid servant that morning—she was frightened, and thought there was somebody in the house—she said that the lads were there for protection, because they were frightened that there were thieves in the house—I did not know that they were in the next house while I was sitting up, but I expected and believed that they were, but I did not go for them, because I had been frequently refused when I had gone—my daughter had been frequently in the next house—I do not carry on any business—I am not out much—I go put on errands—on this occasion I was out from 3 o'clock to 6 o'clock, preparing them for school, to go into the country—I was buying things for them.
ANN WEATHERLEY . I am a widow, and live at No. 10, Kensington-place. I know the prisoners and Janet Clutterbuck—I saw the lad and the girl together on. 18th Oct., about a quarter to 8 o'clock, at the foot of the Great Western terminus bridge, at Paddington, going towards the Edgware-road—that is better than a quarter of a mile from Mrs. Clutterbuck's—I am quite certain of it being them.
Cross-examined;. Q. It is considerably more than a quarter of a mile, is it not? A. Rather more—I cannot say that it is not more than half a mile—I did not speak to them—I knew them by living in the place—I was on the opposite, side of the way, and saw them walking comfortably along—I told a neighbour of mine on the following, morning, but did not name it to Mrs. Clutterbuck—I did not see her—I thought nothing particular about it, knowing that they were neighbours, and. baying heard of their being together before—I have been acquainted with the girl by speaking to her.
JANE HELPS . I am a widow, and live at No. 49, Henry-street, Portland: town. I now and then take young females, or servants out of place, to lodge—on Friday, 19th Oct., the elder prisoner came to me, and said, "I have a daughter that I want a bed for a few nights, or for a week of so; she will go to her aunt's for victuals, but they have no acommodation for sleeping"—I had half a bed to let—he said that that Would do for a short time, and I let it to him at 2s. a week—the other half of the bed was occupied by a young woman named Eliza Durrant—an hour or two, afterwards, about 9 o'clock, a person, representing herself as the aunt, brought the girl—I know now that it is England's brother's wife—the girl remained there three nights—the father paid me—I only saw the son once—he came with the father, on Saturday, when he paid me, but did not stop—the girl slept there on Friday, Saturday, and Sunday—she then went away by herself, and I saw no more of her.
Cross-examined. Q. What time on Friday was it that he came and asked for a bed? A. Between 7 and 8 o'clock in the evening—Miss Clutterbuck is the young lady who slept there—that is her (pointing to her).
on Friday, Saturday, and Sunday—I saw both the prisoners every day that the girl slept there—they came to the house every evening, and the young one came one morning and called her, she was not up, and he told her not to wait for him—she was getting up at the time—she remained out all day, and both the prisoners came with her each evening between 8 and 9 o'clock—I heard England say that she was his daughter.
SARAH EVEREST . I am a widow, and live at 45, Star-street, Edgware-road. On Sunday, 21st Oct., the elder prisoner came to my house, and took a room for his son and daughter-in-law, who were going to be married next day—he paid me 2s. deposit—on the Monday, about 7 o'clock in the evening, both the prisoners came, and a young person, who said that she was married that day—that is the person (pointing to Janet Clutterbuck)—the father said that they had been married that day—the father went away, and his son, and Miss Clutterbuck remained there that night, and I should look upon it that they slept together, as there was only one bed in the room, and they were there for three weeks—they all went into the room together when they came—the father fetched them some firing and provisions, and then went away—they remained there three weeks—neither of them went out but once to my knowledge—the father brought them things, and to the best of my belief he came every day, supplied them with food, took both their dirty linen away and brought clean—I asked the lad at one time how he thought to procure a maintenance—he said that he had plenty, and he should pay for all—Miss Clutterbuck said that she had been married three months, but the lad was not present then, he was down in the washing-house, but he said that he was married—the father said that he was a farrier.
Cross-examined. Q. You had some conversation with Miss Clutterbuck? A. I did not see anything to the contrary of her being very comfortable and happy.
SAMUEL PUDDIFOOT (policeman, S 127). I am warrant officer at Hammersmith Police Court On Sunday, 11th Nov., about 4 o'clock, in consequence of information, I went to Mrs. Everest's, 45, Star-street, and found both the prisoners and the girl there in one room—the father was having a meal, and his son and the girl were standing over the fire place—having at that time a warrant against the son only, I took him and Miss Clutterbuck away, leaving the father there—on 12th Nov. the matter was inquired into at the police court, and a warrant issued the same day for the father—it was put into my hands, but I was not able to find him till 29th Nov. at 44, Thane-street, Burton-crescent, near Gray's Inn-road—I went to his house in Kensington-place, but could not find him—I found him at the top of the house in a back attic—I asked for him in his proper name—I happened to know him, but the landlady did not know him by the name of England—no other name was mentioned in his presence as one that he had gone by.
Cross-examined. Q. Do you know where Mrs. Clutterbuck lives? A. Yes; and I also know the railway bridge where Mrs. Weatherley saw them—the distance between the two places is more than a mile.
WILLIAM SAMUEL BURTON . I am clerk to Gray and Berry, solicitors, of the Edgware-road. They were solicitors to the late Mr. Clutterbuck, and are now acting for Mrs. Clutterbuck and the family—as their clerk I have the management of the business—there are only these two daughters—there was no will—there are letters of administration—Mr. Clutterbuck was in the possession of houses, and Mrs. Clutterbuck now has them—they were built by Mr. Clutterbuck—there are four of them in Kensington, and a range of stables about sixty feet by thirty-five—our firm has received the
rents for the trustees—something was said to me by Mrs. Clutterbuck on 9th Oct., in consequence of which I set a detective officer to work.
STEPHEN TAYLOR . I aw a retired police sergeant, and still act, occasionally as a detective—I was employed by Messrs. Gray and Berry to act in this matter—I took steps to find this young man—I received information on the evening of 23rd Oct, and on the 24th I attended at Messrs. Gray's office.
(MR. RIBTON contended that there was no evidence against the elder prisoner, as he was not shown to have acted in the matter till after the offence had been committed, namely, when he took the lodging on the morning after the younger prisoner and the girl were seen walking together; and that be could not be convicted of harbouring the younger person, it being no offence to harbour a person unless he has committed a felony; and that there was no evidence against the younger prisoner, as the girl went away with him, voluntarity. The COURT considered, as to elder prisoner, that there was a was for the Jury; and as to the younger, that it had been expressly decided to be unimportant whether the girl consented or no. See Reg. v. Mankletow), 159, Dearsley.)
ALFRED ENGLAND— GUILTY. Aged 19.—Recommended to mercy by the Jury .— Confined Six Months .
WILLIAM ENGLAND— GUILTY . Aged 50.— Confined Two Years .
Before Russell Gurney, Esq.
MR. METCALFE conducted the Prosecution.
CHARLES TIBBUT (policeman). On 11th Dec. I was watching the premises of Mr. Humphreys, a farmer at Chingford—at 5 o'clock in the morning I saw a light in his barn—I looked through a hole in the door and saw the prisoner taking oats, and putting them in a bag which he put on his shoulder and came through a hole—I stopped him and asked what he had got—he said, a few oats for his horse—I said, "Did Mr. Humphreys tell you to get them?"—he said, "He knows nothing about it"—he said that he expected he had done wrong, and he should be locked up—he was going on towards the yard—the barn door was locked, not bolted.
JAMBS THOMAS HUMPHREYS . The prisoner was in my employ—I was called up about 5 o'clock, and last witness had the prisoner in custody—I had not given him permission to take oats—I had been robbed for a fortnight or three weeks—these oats were in an undressed state—I did not feed my horses on oats—the prisoner had food for his own horse in his own bin—I feed my horses on beans, not oats—I knew the prisoner bad feed in his own bin, and he bad the key of it—be came in the morning between 5 and 6 o'clock—the hole he went through is where the rigger runs through of the threshing machine—we lodge a board against it, and we had a bar inside, and that was pushed down.
Prisoner. I never took the oats with intent to steal them—I meant to give it the horse.
GUILTY . Aged 18.— Confined One Month .
JOHN BAYLBY . I am a basket maker, of Albion-wharf, Stratford—last Saturday night, in consequence of information, I went home at a little before 11 o'clock, and saw the prisoner coming out at my front gate—I tried to catch hold of him, but did not succeed—I saw him chuck some lead into the road, and followed him till he was taken—I afterwards examined the top of the portico of my door, and missed some lead from it—I compared the piece of lead picked up, with the doorway, and it exactly fitted.
Prisoner's Defence. I was rather intoxicated, and as I went home I saw a man cutting the lead off the top of the place; I went and asked him what he was doing there; he made no answer, but jumped off, and shoved me down; a woman then came; I picked up two small pieces of lead; she persuaded me to go away, but I said I had not been doing anything wrong, and should not go away; when Mr. Bayley came up, I dropped the lead, and ran away.
GUILTY. Aged 25.—Recommended to mercy by the Jury .— Confined two Months .
WILLIAM KINGHAM BURTON . I am a corn dealer, of Balam-street, Plaistow. On Friday, 30th Nov., in consequence of something said to me by my wife, I ran out of my room into the shop, and saw a party running away—I ran after him, crying, "Stop thief!" but he escaped—I believe the prisoner to be the man, but I did not see him well.
ELLEN BURTON . I am the wife of the last witness—I was in the room, and saw the prisoner come into the shop, he had a smock on—he took two quarterns of flour, in a parcel, and ran out—I gave an alarm, went to the door, and saw him run—my, husband, and the young man ran after, him—I am sure of him.
Prisoner. Q. Where were you sitting? A. Close to the door—we have lost so much flour that I was keeping a watch—I have seen you by the window before, and am positive I saw you come in and take it.
JOHN PITTMAN (policeman, K 132). On 30th Nov. I was on duty, and saw the prisoner in Greengage-street, with two others, not 200 yards from the prosecutor's house, about a quarter of an hour before this happened—I heard a cry of "Stop thief!" and saw the prisoner cross from Barbers-alley into Pywell-lane, running as fast as he could.
WILLIAM SPEABY (policeman, K 18). I took the prisoner—I said, "Bone, I want you"—he said, "What for?"—I said, "I suppose you know"—he said, "No"—I said, "For that flour, in Balam-street"—he said, "I know nothing about it; other chaps about the village do that sort of thing, and I get blamed for it."
Prisoner's Defence. I expect I have got two parties here to prove who the person was that did take it; I am not the person; I told Mr. Pittman so last Monday, and told him the men's names that did take it; they were Coles, Whitehead, and Thomas Bright.
(The prisoner was further charged with having been before convicted.) JOHN WILLIAM METCALF. I produce a certificate from Mr. Clark's
office (Read: "Central Criminal Court, James, Bone, convicted, May, 1851, of stealing a watch, and other articles, value 2l Confined four months. ")—I was present, the prisoner is the person—he was in my custody.
GUILTY.** Aged 23.— Confined Twelve Months .
Before Mr. Recorder.
MR. HORRY conducted Prosecution.
GEORGE CRADDOCK . I am sexton of St. John Church, Stratford, in the parish of West Ham—Robert George Augustus Hilliary and Richard Symons are the churchwardens—there is a copper lightning conductor to the church—I missed about five feet on it on 2nd Dec.—I had seen it safe a fortnight before—the Rev. John Abel Ram is the minister of West Ham, and Mr. Wilton, Mr. Dames, and Mr. Vause, are the church wardens.
JOSEPH BENTON (policeman, K 381). On Monday, 3rd Dec., in consequence of information, I went to Joseph Shea, a marine store dealer at Stratford, about a quarter of a mile from St. John's Church—from what Shea told me, I took the prisoner near Stratford Railway station, and told him the charge—he, said, "I did, not take it; a boy named Johnson gave it to me, and I sold it at Mr. Shea's"—he told me where to find Johnson, and I saw him afterwards, but have, not seen him lately—I believe he has absconded on another robbery—I tried to subpoena him, but his father said that he had turned him out of doors.
Prisoner, I told you directly you took me that Johnson gave it to me to sell for him, and that, I received the money and gave it to him. Witness. I will not swear you did not say that you gave the money to Johnson, but I am most sure you did not—you stated it to the Magistrate.
JOSEPH SHEA . I am a, marine store dealer at Stratford I know the prisoner—on, 30th Nov. he offered me this copper tubing (produced) for sale—I asked him where he got it—he said, "I found it among some old rubbish"—I am positive of that.
Prisoner. I told the Magistrate that it was found among some old rubbish, I did not find it myself. Witness. I understood him to say it was found among some rubbish.
COURT. Q. Do you not see the distinction; did he say "It was found, among some rubbish"? A. I believe he did—my impression is, that he said "I found it"—I should not like to swear positively "that he did not say", It was found."
(The prisoner's statement before the Magistrate was here read as follows: "I had the copper given to me to take to the shop; the lad that give it to me said he got it from some old rubbish; I received 10d., and directly 1 received the money I gave it over; he then went away and left me, and I did not see him till next day.")
COURT to JOSEPH SHEA. Q. What was given for the tube? A. 1s. 4 1/2 d.—it was worth about 1s. 7d.—I gave a fair price for it—I am sure it was more than 10d.—I gave him two sixpences, a 4d. bit, and a halfpenny—he put his hand to his pocket as he went out as if he was putting it in his pocket.
Prisoner's Defence. I am innocent of stealing it; all the money L received was 10d.; it was 1 1/4 lbs.; he weighed it himself.
NOT GUILTY .
147. JONATHAN GEYDON , stealing, on 1st Oct., at Leyton, 1 mare, price 24l.; the property of Aleph Palmer: also, on 16th Oct., at Woodford, 1 mare, price 8l.; the property of John Hoy: also, on 4th Dec., at Chingford, 1 mare, price 20l.; the property of John Bare; to all which he
PLEADED GUILTY . Aged 24.— Confined Eighteen Months .
Before Russell Gurney, Esq.
MR. BODKIN conducted the Prosecution.
JOHN SPENCE . I keep the White Horse, at Deptford. On Saturday, 24th Nov., about half past 1 o'clock, the two prisoners came—Atwell asked for a pint of ale—it came to 3d.—they requested me to take the chill off it—while I was doing that, one of the prisoners put down a half crown on the counter—I gave 2s. 3d. change—Atwell took it up, and I put the half crown into the till—there was nothing else there but three sixpences—as soon as the prisoners had drank, the ale, they went away together—I looked into the till within two minutes afterwards—no one had interfered with it—I examined the half crown, and found it was bad—I went towards Deptford in pursuit of the prisoners—I met the inspector, and showed him the half crown—I put a mark on it, and gave it to him—I got sight of the prisoners again, and saw them go into the Victoria public house, Which is half a mile from my house—they came out, and went on to a grocer's shop—I went and met the owner of the shop at the door—I told him to be particular—the prisoners were given in charge—this is the half crown they gave me.
Atwell. I was not in the public house. Witness. I am sure you were, you took up the change—I saw you again not two minutes afterwards.
CHARLOTTE WHITE . My father is a grocer, in Albert-street, Deptford. On 24th Nov. the two prisoners came, about half past 2 o'clock—Evans asked for half an ounce of tea, and half a quartern of flour—they came to 7d—I served her—she gave me a half crown; I examined it, and found it was bad—I went to the street door where my father was, and Evans asked me what was the matter with the half crown—I told her she would see presently—I went to the door, and Mr. Spence came up; the prisoners were detained, and the policeman sent for—I marked the half crown, and gave it to the policeman—this is it—Evans said she did not know it was bad—Atwell did not say anything—the prisoners came in together—Evans asked for the tea, and Atwell asked for some tape—Mr. Spence told them they had been to his house with a bad half crown—Atwell then said she was not connected with Evans.
GEORGE LOWE (policeman, R 266). The prisoners were given into my custody at Mr. White's—I received this half crown from the last witness—the prisoners said that neither of them knew the money was bad.
ELIZABETH HOLMES . I am the wife of William Holmes. I searched the prisoners on 24th Nov.—I found on Atwell this purse, containing seven half crowns—she said if I had any mercy I should make away with them—I said it was my duty to take whatever property I found on prisoners, and
deliver it to the person on duty—I said, "Why should I make away with it, not knowing what was in it?"—she said that it was bad coins—four of the coins were wrapped in a piece of paper separately—I found also 3d. on Atwell—Evans had a basket, which had in it a small quantity of tea and sugar, and 4d.
Atwell. You asked me what was in the purse, and I said I did not know. Witness. No; it is quite false.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. These two half crowns that were uttered are bad, and from the same mould—these seven half crowns are bad, and from the same mould as the other two—they are all from one mould, and electrotyped.
Atwell. I picked the purse up in the road.
EVANS— GUILTY . Aged 19.
ATWELL— GUILTY . Aged 22.
Confined Twelve Months .
HONORA M'CARTHY . I am single, and live in Hog-lane, Woolwich. On 3rd Nov. I was selling coffee near the gates of the Arsenal—I had a shawl on, but had not a pin to keep it together, and took it off, rolled it up, and put it under the edge of my barrow—the prisoner came and asked for a cup of coffee—I did not serve her, as she was a disagreeable looking woman, and she stood there—a gentleman came up—I served him with a cup of coffee—I saw the prisoner stoop, and go away—I went about a quarter of an hour after, and missed my shawl.
MARY ANN FORD . I am a niece of the last witness. I remember her losing her shawl—I knew it well, and about a fortnight afterwards I saw the prisoner with it on—I knew it at once—I was standing near the Arsenal gate, and saw her come by—I could not leave the barrow—I waited till she came closer to me—I went to her, and said, "You have got my aunt's shawl on"—she said that she had not—I said, "Wait till my aunt comes, and she will know"—she would not, and I went to the inspector.
Prisoner. I waited half an hour at the barrow, and asked her to come with me to the station. Witness. No, she did not—I went to the inspector—I told her she must go with me to the station.
CHARLES ARTWRIGHT (policeman, R 473). I was at the station—the last witness brought the prisoner there, and said she brought her for stealing her aunt's shawl—I asked her how she knew it—she said she saw it on her shoulders—when I came in the prisoner had it on her arm—I asked her how she came by it—she said she bought it two years ago, for 3s. 6d., in Petticoat-lane, that she should not know the man she bought it of if she saw him again, and she did not know the shop—this is the shawl (produced).
HONORA M'CARTHY re-examined. This is my shawl—I know it by the stripes and the use of it for two years, and here are the marks of three fingers on it, which was done the day before, when the room was whitewashed.
Prisoner's Defence. I bought it two years ago.
GUILTY .— Confined Three Months .
ROSE TURNER . I am the wife of George Turner, and live in Tothill-street, Westminster. On the evening of 3rd Nov. I went to a public house in Woolwich—I changed a half sovereign—I put a 2s. piece and a half crown into a purse, with 4 duplicates—I put the purse into my pocket on my right hand side—the prisoner and another man were at that time by my side—I left the public house about a quarter past 8 o'clock, and I missed my purse in less than an hour, between 8 and 9 o'clock—I went on Monday to the pawnbroker's shop, to stop these things—he was busy, and I went again on the Tuesday morning—the pawnbroker asked if I had found my duplicates—I said, "No"—1 gave information to the police.
Prisoner. She said she was in the Three Dolls public house, and she put seven shillings and 4s. 6d. into her pocket. Witness. No, I put six shillings loose into my gown pocket, and 4s. 6d. into the purse.
WILLIAM TWYMAN (police sergeant, R 16). On the morning of 4th Nov. the prisoner was in my charge—I was about to search him—he undid his jacket, and took out this purse, which I produce—it contained four duplicates, a half crown piece, and a 2s. piece, and one penny—I was about to take the duplicates out of the purse, and he said, "Give me them for my wife"—I looked, and saw they were for wearing apparel—I said to him, "Are you married?"—he said, "Yes"—I did not give them to him—on 5th Nov. I took him into custody, and told him he was charged with stealing this purse and duplicates and money—he said he picked the purse up with the duplicates, but no money in it.
ELIZABETH EDWARDS . On Saturday evening, 3rd Nov., Mrs. Turner came to my bed side, and asked the woman who was sleeping with me if she knew who she gave the purse to—I said to her, "Did you lose any money?"—she said, "No, all I had was six shillings, and that my husband took from me."
GUILTY .— Confined Six Months .
Before Russell Gurney, Esq.
JOHN SHEA . I am a labourer, and live at Bermondsey. On the night of 29th Nov., I was going along, and saw the prisoner and some other boys—the prisoner called me a lousy thief—I came back and told him I was neither lousy, nor a thief—I hit him on the side of his head with my open hand—there was a boy standing by, and he asked him for a knife, and he gave him one—the prisoner opened it, and stabbed me in the side—I did not think I was stabbed at the moment, but I put my hand inside, and my hand was all blood—I ran to the doctor.
Prisoner. It began about a piece of iron; he says I called him a lousy thief, and I did not; he hit me with his fist. Witness. No, with my open hand—I never had any quarrel with him before—I do not know how he came to call me names.
his side, nearly an inch deep—it could have been produced by such a knife as this.
THOMAS TOWERAY (policeman, M 237). I took the prisoner—I found him asleep in a coal hole—I told him he was charged with stabbing Shea—he said, "G—strike me dead, I know nothing about it"—on going to the station, he said, "How do you think I shall get off?"—I said I could not tell—on the way to the Court he said, "I did not think it would have gone into him, or I would not have done it."
GUILTY of unlawfully wounding . Aged 14. Confined Six Months .
Before Mr. Recorder.
MR. CAARTEEN conducted the Prosecution.
ALFRED BROWN . I am a surgeon, and live in Wandsworth. On Saturday, 17th Nov., the prosecutor came to my surgery about 10 o'clock in the morning; I examined his head, and found a contused wound on the back of the scalp, which had laid bare the bone—it must have been produced with considerable violence, with a blunt instrument—it was about an inch long—it was bleeding slightly at that time—it had bled a great deal—all wounds on the scalp are dangerous, they are likely to produce erysipelas and inflammation of the brain—I considered this certainly a dangerous wound—I should say this poker (looking at it), or a similar instrument, produced it—I dressed the wound, and it did very well—he was under my attendance about a week—it soon healed, as wounds in the scalp generally do, if they take a healthy course.
Cross-examined by MR. SLEIGH. Q. He did not suffer any material injury? A. No; it did well—he might have lost his life through it.
GEORGE COLLIER . I live at the water side, at Wandsworth, and am a waterman. On Saturday morning, 17th Nov., about 10 ten minutes before 8 o'clock, I was at the railway tap at Wandsworth—I was going to have some beer with some of my mates—the prisoner came out of the tap room door near where I was standing—he said, "We have all got the sack from the distiller's"—he had before worked with me at the brew-house, and the distiller's—a young man named Bennett, who was with me, said, "What is that to do with us? we have got one job; we don't want two or three"—the prisoner went outside the door, and came in again, and began to blackguard me, and called me all the thieves, and b—snotty nosed liars, and poodle men, and under price men, he could think of—I said, "Don't call me a b—snotty nosed liar again; if you do, very likely I shall bit you"—he took and kicked me on the leg, and after we had two or three rounds in fighting, I thought it was all over—we fought with our fists—before he kicked me I had not done anything to him, nor had any one else—the fight lasted three or four minutes—we both fell down—during the fight he kicked me two of three times—when the fight was over, the prisoner went into the tap room—I was still standing before the bar, as I had done—I did not see him come out of the tap room again—I was standing with my back to the tap room door, and he came behind me, and hit me over the top of the head with the poker—I did not see him before he struck me—it was a very hard blow—I tried to get the poker away from him, and he struck me on the. side of the head with the knob end of the poker—he struck me twice on the side of the head—the wound on the top of the head bled very much, it knocked me silly at the time—another man got the poker away from the
prisoner—he went in the tap room again, and came out again to the front of the bar—he said, "You b——, I will rip your b——guts out; I will be the death of you"—and when he got outside the door, he said, "I will stone you to death"—I went afterwards to Wandsworth police court, for a summons against the prisoner—while I was there, the prisoner came to take a summons out against me—I charged him with this assault—the Magistrate granted a warrant, and he was remanded—I went afterwards to Mr. Brown, the surgeon—I suffered a good deal of pain from this wound.
Cross-examined. Q. When you got to the police court did you meet the prisoner? A. No—he came after me—I had the first say before he came into the room—I do not know whether it would take a great deal to stone me—I call myself a waterman—when my master has any work I work on the barges—I have been a prize fighter—I have fought three or four battles in my days—I never was in a place like this before—I have been charged with assault—I was tried in the police court—I never had six months—I was sent for a month once—I have been sent to gaol for committing assaults two or three times—I have not been committed six times for committing assaults on other people, never six times in my life—other people assaulted me as well—I have not been six times taken into custody, and brought before a Magistrate for committing violence; never with violence—I have not been six times taken up, four or five—I know a person named Hookham—about a year ago I was taken up on a charge of assaulting him—I was not sent to gaol for that, it was dismissed—I know Thompson—he was in the tap room, and he ought to have stopped the prisoner from coming out with the poker—I know Morris, he was there—I know Hollis—the prisoner kicked me—I had not hit him before he kicked me—I told him I would hit him—I hit at him before he struck me, and he gave me the kick on the leg—I was going to hit him—I said, "Jack, don't call me a liar again, or else I shall hit you"—I have known the prisoner some time, and worked in the same establishment with him—this matter began with some altercation, in consequence of himself and others being discharged—I was not working at that establishment myself, I was working at Mr. Wood's, a coal merchant—the prisoner and I had several rounds—a regular fight, what I call a mill—I did not give him as much punishment as I could—there were no blows struck at all hardly—when he went to the police office, he was bleeding from the nose—I did not give him a blow on the eye which caused him to hold up his handkerchief.
GUILTY of unlawfully wounding. Recommended to mercy by the Prosecutor .— Confined Seven Days .
Before Mr. Baron Alderson.
MESSRS. CLARKSON and BAYLEY conducted the Prosecution.
MARIA HARNETT . I am single, and live in Duke-street, Westminster—on 12th Nov., I met the prisoner in Kennington-lane—he went home with me and gave me some money—I went out with him—he said he wanted to go and meet a friend in the London-road—he went into a public house and inquired for a person, but I was not aware who—it was some seafaring man—he went into a second public house, and there was a seafaring man there—I stopped a short time, and the prisoner said he would come to me again—he did come, but I was not at home—I saw him afterwards and
went to a public house, and he treated me—on Saturday, 17th Nov., he came to my place about 8 o'clock in the evening—he stopped with me a short time, and asked me if I could get him change for a 5l. note—I said I would see—he took from his pocket a purse, and pulled out a 5l. note—I took it out of his hand and called Mrs. Perkins—I asked her if she could oblige me to get change for a 5l. note—I called my landlord, Mr. Perkins, and he came to the room door—I gave him the note to get change and bring a drop of gin—he came back with the change—he brought back four sovereigns, and I believe a half sovereign amongst it—he laid it on the table, but I did not look at it—the prisoner had gone out to get some cigars—he came back in three or four minutes—I pointed out the change to him, and he took it up and told it, and he gave me half a sovereign—just as he was going out, he told me to put on my things and meet him at Mr. Watchborn's, where he had a man or two to pay—I went after him, but did not find him—he was not there—I never saw him again till I bad him taken on the 26th—the note was returned as forged on the Saturday afternoon—I then went after the prisoner, but could not find him.
Cross-examined by MR. LILLEY. Q. You live just by the London-road? A. Yes; it is close by—I had only known the prisoner from Monday, the 12th—I met him in the road—Duke-street is not a great way from the New-cut—one end goes into the Waterloo-road.
WILLIAM PERKINS . I am landlord of Maria Harnett, in Duke-street—on 17th Nov., she gave me a 5l. note to get changed—this is the note—I wrote my name on it—I took it to a public house in Waterloo-road and got the change—it was afterwards returned to me by the landlord as a forged note.
Cross-examined. Q. Did you notice anything on the note? A. Yes—" London and Westminster Bank," in blue ink—Maria Harnett had lodged in my house some time—it may be two or three years.
JAMES MILLS (policeman, L 162). I apprehended the prisoner on 26th Nov., between 9 and 10 o'clock in the evening Maria Harnett called me to take him—I asked him if he knew anything about that female, and about a 5l. note—he said, yes, he had given her a 5l. note, but he did not know it was a bad one—I took him to the station—he said he had received the note from a sailor who had been stopping at his house for six weeks—the sailor's name was John Grant, on board the Elizabeth, lying in the London Docks—I made inquiries the next day—I could not find a ship called the Elizabeth there—I looked through the docks to see if any such vessel was there—I could not ascertain that any such vessel had been there.
ANTHONY MILLER . I am a watch maker, and live at No. 22, Charlotte-row, Walworth. The prisoner came to my shop on 20th Oct., between 8 and 9 o'clock in the evening—he wanted a silver watch—I showed him some watches, and he selected one which was 3l. 5s.—whilst he was selecting I observed a woman standing at the window, and she came into the shop and produced a chain from under her shawl—she asked me if it was gold—I said it was not—the prisoner told my lady that he had been very unfortunate in his first marriage, that his wife dropt the wedding ring in the church yard, and his wife was either burnt to death, or fell down dead—he then said he should want a ring for himself and after he had got one he wished to have a wedding ring, as he was going to be married again—he then had a silver chain—he selected all these things—I papered them up and laid them on the counter—he then took out a small porte mannaie, and took out what
appeared to be a 5l. note—he gave it me, and two half crowns and a sixpence in silver—this is the note—he wrote his name on the back of it, "George Cave, No. 5, Grosvenor-terrace"—I asked him where that was—he said, "Close at the back of these houses"—I took the note to some person to see, and on the following Monday it was returned to me from the Bank—I went to No. 5, Grosvenor-terrace—no such person was living there.
Cross-examined. Q. You had not seen the person who came, before that evening? A. No—I saw him write this on the note—he wrote it on the glass case in my shop—he might be in the shop twenty minutes or half an hour—a woman came in—1 should not know her again—she only asked one question—I did not take the chain in my hand—I said it was not gold—this was on Saturday night—this is the note—here is "W. Brown" and "Mr. Todd" on it.
MR. CLARKSON. Q. When did you next see the prisoner? A. I think about a month ago—he was then in prison, with three others—I picked him out—I am sure he is the man.
BENJAMIN POOL . 1 am assistant to Mr. Telford, a pawnbroker, in St. George's-street East, Whitechapel. On 25th Oct., the prisoner brought this silver watch and silver guard chain to pawn—he would not take the price I offered him—he came again on the 26th, and took it—I lent him two guineas.
MR. MILLER re-examined. This is the watch and chain I sold the prisoner.
JOHN WADLACHE GRIFFITHS . I am a watchmaker, and live in Went-worth-place, Mile End-road—the prisoner came to me on 6th Nov. between 7 and 8 o'clock in the evening—he said he was highly recommended to me by a person that I had sold a watch to, and he wanted a silver watch, second hand—I showed him some lever watches at about 6l.—he said he could not give that price—that he was about to be married as to morrow, and if he had a watch he would have a wedding ring of me—I showed him a watch out of the window at 3l. 15s.—he liked it, and said he would have a wedding ring—I showed him some, and he chose one—he then wanted a lady's gold keeper—he then wanted a pretty brooch for the lady—he had them—he then looked round, and said, "I do not see any chains that you have"—I said, "We have just been cleaning the window, but we have some"—I showed him a silver chain, and cleaned it for him—he liked it, and had it—the whole came to 5l. 14s. 6d.—he said if I would take 10s. off he would take the lot—I said it was impossible to take 10s. off—he said he was sorry he had given me the trouble—he wished me good day, and went outside the door—I should imagine he was in the shop about three quarters of an hour (when he bought the wedding ring he put it on his finger)—he went out of the shop, and returned, and asked me if I could pick him out a cheaper brooch—I picked out one at 4s. 6d., instead of 8s. 6d.—that reduced the bill to 5l. 10s. 6d.—he offered me 5l. 5s., as he could not afford any more, which I took—he paid me a 5l. note, as I supposed, and 5s.—he took the note from a purse of some description—I did not notice it, as I was winding the watch up—I asked him his name—he said Mr. Clark, No. 16, White Horse-lane, which is very nearly opposite my house—I wrote, in his presence, the name and address, which is on it now, and my initials—he took the goods, and went away—I paid the note away the next morning, and it was returned on the Friday
night, following—I saw the prisoner again about a fortnight since—I picked him out of a lot of prisoners.
Cross-examined. Q. When did you see him afterwards? A. About three weeks afterwards—he was not dressed as he is now, he had a large handkerchief on, and a great coat—but he has a peculiar countenance, and seeing him for three quarters of an hour, and taking a 5l. note of him, I do not think I could be deceived, in him.
GEORGE HOWARD , I am assistant to Mr. Byas, a pawnbroker, of No. 147, St. George's-street, Whitechapel—I produce this silver watch, which I received in pledge of the prisoner on 7th Nov., between 8, and half past 10 o'clock in the morning—I advanced two guineas on it.
Cross-examined. Q. Did you ever see the man who pawned this before? A. No—he was some time in the shop—we argued about the price—he wanted 50s.
COURT. Q. How long wag he in the shop? A. Ten minutes—part of our profession is to observe people's faces—he gave me a very satisfactory account of it—he said he wanted to make up his rent.
MR. GRIFFITHS re-examined. This is my watch—it is a double backed horizontal—I had had it about a year and a half—it was made by Stroud, of Newington.
WILLIAM ROWLAT . I am one of the inspectors of bank notes in the Bank of England These three notes are all counterfeits, and. two of them bear the same number and letter—they are forged in all respects—it is possible that the bank may issue two 5l. notes of the same letter and number, but not the same date—I think these are all from the same plate—they all bear the same date, and the same signature.
COURT. Q. Do you put the date in at the time the other part is printed? A. No, that is put in afterwards; but these appear to have been done at the same time as the other.
GUILTY . Aged 52— Transported for Twenty Years .
MR. W. J. PAYNE conducted the Prosecution.
JAMES ROWLANDS . I am a shoemaker, and live in Kennington. On, Friday night, 30th Nov., I was in Lambeth-walk about 6 o'clock in the evening—it was dark—I noticed a Hansom cab coming along, driven by the prisoner—it was going towards Lambeth workhouse—I saw the person who way run over—he was about two yards off the kerb, on the left side of the cab—he was going to cross the road—when I first noticed the cab, it was ten or twelve yards from him—I heard the driver call out "Hoy!"—I do not think the man who is dead heard it—I have been, to some extent, accustomed to horses—the cab was going from eight to nine or ten miles an hour—after the driver called out "Hoy!" he did not pull up or slacken his pace till after he got over the man—the cab went on, and the pole struck him on the eye, and knocked him down—he fell with his feet toward the road, and his head towards the path—the cab went over him, and it went about three yards after that, before it stopped—I picked the man up, and he was taken to Guy's Hospital—the driver might have pulled up when he called "Hoy!"—he pulled up in three yards after he ran ever the man—
but when a wheel comes against anything it soon stops after that—I saw the cab at twelve yards off—I should think I could have seen it at twice that distance.
Cross-examined by MR. COOPER. Q. The man had just stepped off to go across the road? A. Yes—if his eye had not been in the same direction as mine, he might not have seen the cab—I did not take notice whether the prisoner had been endeavouring to check the horse before he came to the man—I know that six miles an hour is the maximum pace for Hansom cabs to go—I know those cabs are more difficult to manage than a coach.
MARK COLLINS . I was in Lambeth-walk—I saw this happen—I saw the cab coming along, at about ten miles an hour—I heard the cab man call out, "Hoy!" when he was about ten yards from the deceased—in my judgment, there was time for the cab man to have pulled up after he called "Hoy!"
COURT. Q. If the deceased had heard him, which way should he have gone? A. He had got about a yard and a half, or two yards—he should have come back again—there was nothing in the road—there was nothing to stop the cab man from turning a little out of his way—if the deceased could not have got away, the prisoner could have turned the cab.
Cross-examined. Q. Do not you know that it is very difficult all at once to turn a Hansom cab? A. No.
JOHN SABINE . I saw the cab come along just before the accident happened—it was going from eight to nine miles an hour—the horse was trotting—the driver could have avoided this by pulling a little on one side—he hallooed out, "Hoy!"
COURT. Q. If the driver had gone one foot out of the way, this would not have happened? A. If I was driving a horse, and I called to a man, "Hoy!" to get out of the way, I should expect he would get out of the way.
Cross-examined. Q. Do not you know it is rather difficult, if a wheel gets into a rut, to turn? A. Yes.
COURT. Q. But was the wheel in a rut? A. No.
ESAU DEANE . I live in Lambeth-walk. I saw this accident—I did not see the cab till I heard the cab man halloo—he was going from eight to nine miles an hour—I saw the man knocked down—I do not know whether the driver could have avoided the accident by turning—I do not think he could—there was not room—I think the deceased was more than a yard and a half from the kerb—he was near the middle—I think the driver could have pulled up when he hallooed first, but not when he hallooed the second time—when he was close upon the man, he pulled up, and raising the shaft, it hit the man.
Cross-examined. Q. It was raising the shaft that hit the deceased? A. Yes—after the driver hallooed he pulled up, and the shaft knocked the man down, and the wheel went over him—in pulling up he knocked him down.
MR. PAYNE. Q. But he might have pulled up when he first called out? A. Yes.
CHARLES WALLACE . I am a surgeon of Guy's Hospital. On Friday evening the deceased was brought in—he had a fracture in the centre of the right thigh, and great effusion about the eye ball—he went on pretty well till the Sunday week, and died from erysipelas, which came on in consequence of the wound.
father Co make some complaint—I went with the father into the son's room, and stated what I came about—the prisoner made no reply at all—the father said it was a bad job.
Cross-examined. Q. Was your father deaf? A. Not at all.
(The prisoner received a good character.)
Confined One Month, and to give security or his good behaviour for twelve months.
ADJOURNED TO MONDAY, JANUARY 7TH, 1856.