On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, March 3rd, 1856, and following Days.
Before the Right Hon. DAVID SALOMONS, Lord Mayor of the City of London; Sir John Jervis, Knt., Lord Chief Justice of Her Majesty's Court of Common Pleas; Sir William Wightman, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir William Erle, Knt., one other of the Justices of Her Majesty's Court of Queen's Bench: Sir George Carroll, Knt.; William Hunter, Esq.; and Sir Francis Graham Moon, Bart., Aldermen of the said City: The Right Hon. James Archibald Stuart Wortley, Q.C., M.p., Recorder of the said City: Thomas Quested Finnis, Esq.; Sir Robert Walter Carden, Knt.; William Cubitt, Esq.; Edward Eagleton, Esq.; and William Lawrence, Esq., Aldermen of the said City: and Russell Gurney, Esq., Q.C., Common Serjeant of the said City: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
RICHARD HARTLEY KENNEDY, Esq., Ald.
WILLIAM ANDERSON ROSE, Esq., Ald.
DAVID, HENRY STONE, Esq.
JAMES ANDERSON ROSE, Esq.
CENTRAL CRIMINAL COURT.
SALOMONS, MAYOR. FIFTH 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, March 3rd, 1856.
PRESENT—The Right Hon. the LORD MAYOR; Sir GEORGE CARROLL, Knt.; Mr. Ald. HUNTER; Mr. RECORDER; Sir ROBERT WALTER CARDEN, Knt.; Mr. Ald. CUBITT; Mr. Ald. EAGLETON; and Mr. Ald. LAWRENCE.
Before Mr. Recorder and the First Jury.
PLEADED GUILTY . Aged 33.— And entered into her own recognizances to appear, and receive Judgment when called upon.
MR. PARRY conducted the Prosecution.
JAMES ABBOTT . I am a licensed victualler, of the Angel, Lambethwalk—I deal with Messrs. Chambers and Ellwood—I paid 18l. to the prisoner on, I believe, their account, but I dealt with the prisoner—I dealt with Chambers and Ellwood, the prisoner was, I presume, their traveller—I knew him when I dealt with Whitbread's, before I was introduced by him to this firm.
Cross-examined by MR. BALLANTINE. Q. Did you ever hear from him in what capacity he was collecting money? A. No—he obtained my custom, I knew nothing of Chambers and Ellwood.
MR. PARRY. Q. It is pretty well the case with brewers and wine merchants that they know the traveller, and do not know the firm? A. Yes.
ALFRED GRACE . I am a licensed victualler, and lived in Blackfriars-road, but left last Thursday—I bought some goods of the prisoner in July, 1855—I received this book from him, it is endorsed "Chambers and Ellwood,
29, Gresham-street, City. G. S. Keymer" and was so endorsed at the time I received it from him—on 3rd July I paid the prisoner 8l. 6s. 8d., on account of Chambers and Ellwood—I have not seen the prisoner since he has been out on bail, only to day, over the way—I also paid the prisoner 5l. on June 3rd, and there were other sums from time to time.
Cross-examined by MR. BALLANTINE. Q. On what terms did the prisoner obtain your custom? A. I was recommended to deal with Mr. Keymer by Mr. Thomas Smith, who keeps the Two Spies, and when he came and said that he had got a good supply, I dealt with him—I know nothing of the relations which existed between the prisoner and Chambers and Ellwood—I do not know whether he was traveller, or a partner.
MR. PARRY. Q. Just look at that deposition, and see whether that is your signature? A. Yes—I dealt with Mr. Keymer, and paid him—I knew that there was such a firm—I did pay the 8l. 6s. 8d. on account of Chambers and Ellwood.
WILLIAM MANOAH CHAMBERS . I am in partnership with Mr. Ellwood, as wine merchants—we have carried on business in Gresham-street about fourteen years—in May, 1850, the prisoner came into our employment, as town traveller—it was his duty to pay money to Mr. Ellwood, or myself on the day he received it, or on the following morning—he travelled for us exclusively, among publicans and licensed victuallers—his salary at first was 10l. a month, and his expenses—if he went into a public house he would have to spend money, it is customary to take a bottle of wine afterwards with the landlord when he received an account—the expenses were paid by us; sometimes I paid him, but, generally speaking, Mr. Ellwood—I have seen Mr. Ellwood pay it—he, from time to time, demanded his expenses, and received them—there were separate books kept of the trade he did, they are here—there is a journal and ledger—he had collecting books of this kind (produced) for each customer, and when he received money it was his duty to enter it here, and pay it to the firm—on 2nd April last he did not pay me 18l., received of James Abbott, or at any other time; nor did he pay me, on 3rd July, 8l. 6s. 8d. received from Alfred Grace, or at any subsequent time; nor 15l. 10s. received from Henry Flint, on 28th Aug.—he remained in our service during 1853, and down to Aug., 1855, when he left without giving us any notice—in the middle of 1853, or thereabouts, a discovery was made of defalcations of the prisoner to the amount of 470l. odd—I found that many accounts of highly respectable persons were very much over due, and asked the prisoner several times to account for their not being paid—whenever I applied to him for money, he invariably absented himself—I said to him, "You must have taken some of these moneys; but if you will go through the ledger with me, and not keep one item back, I will forgive you"—he did so, and the result was 470l. odd deficient—that sum was treated by us as a debt owing by him—he gave us no notice when he left—we did not dismiss him—after he left, we made inquiries and discovered these three sums—in 1863 we made a fresh arrangement with the prisoner as to his salary, and paid him 30l. per month, including his expenses—I do not remember the month, but it was directly after this transaction of the 470l.—he agreed to serve us on those terms, and to pay his own expenses.
Cross-examined. Q. You have mentioned a couple of books which were kept as applicable to the business done by him, the journal and the ledger? A. Yes; they were applied entirely to those purposes—there was also an
expenses book, which is here; that was also kept by the prisoner, and purported to represent the expenses he had been put to—there was also a book kept by my partner, which the prisoner knew nothing of, nor did I know that it was in existence myself till some time ago; it was merely the profit of each transaction, not the profit and loss—there is also the order book—I am not aware of any other book applicable to this branch of our business—Mr. Ellwood kept the journal and ledger—the ledger is made up from the journal, there is no separate cash book, the cash account would appear in the book of our general business—in making the fresh arrangement with the prisoner that he was to have 10l. a month and his expenses, we considered that the expenses depended on the amount of business done, they would have relation to the work he would have to do—his carriage and all out of door expenses were paid by us—this (produced) is his expenses book—after the disclosure of the 470l. the new arrangement took place; Mr. Ellwood can tell you about that—the prisoner was to have 15l. at the beginning, and 15l. at the end of the month—the books will show how far back that has been paid—he continued on those terms till Aug., when he left without leave—I wrote to him to come back to business, because I ascertained that there were further defalcations; he did not come on the day I appointed, but came I cannot recollect whether it was the day after, it was a subsequent day—I was then acquainted with the defalcations—that was in Aug or the beginning of Sept.—I did not desire him to come back and go on with his work, he requested me to take him back, but I said that after a second time I could not think of it—my son had not joined us in the meanwhile, he joined us about two years since, not as partner, but as our clerk—he had been on one or two occasions with the prisoner to assist him, and had introduced him to the customers, twelve months ago—I afterwards sent my son round to the customers to ascertain matters—he would have to take orders—after Aug. the prisoner sent twice to us to demand an account—I cannot tell you when that was, it was not in Sept.—to the best of my belief it was three months afterwards—he sent for a debtor and creditor account, and I told the party that there was no account, as it all lay on one side—it was a cousin of his—I said, "We have no secrete to keep from you, we are very busy, but if you will come in some other day, Mr. Ellwood will make out the account; it is not usual for a person to come in and get an account of a year's standing, in a minute"—he afterwards called again—I not know whether he called twice or three times—Mr. Rumble was the person who called—my partner at last copied down on a piece of paper the amount which we had made, it was not an account—this (produced) is the account which was furnished by my partner; I cannot tell you when it was given, I cannot charge my memory, there is no entry made in any book, or anything of that sort—Mr. Ellwood gave that account with my full sanction, we had no reason for keeping it back—it was given to Josiah Rumble, he called certainly on two occasions—I do not recollect his saying anything about a letter, he said that he came from Mr. Keymer, and did not intend to justify him in anything he had done, but wanted to know how we stood—I did not tell him that we had been advised by our solicitor not to render an account; I did not mention our solicitor at all—I did not say, "You do not want to prove a partnership?"—I swear I never mentioned the word "partnership" to Mr. Rumble—this is a copy of the account, the heading of this document is "profits," and then the years follow—the aggregate is 3,407l. 11s. 9d. in the six years, 1850-1-2-3-4 and 5—there is an item of bad debts 370l. 19s. 2d.—that reduces it to 3,036l. 12s. 7d., it
is then halved, and the balance brought out is 1,518l. 6s. 3d.—on the per contra side there is "Cash drawn, 1,563l. 12s. 5d.; goods account, 110l. 13s. 1d."—that meant goods that he had had—then there is "La Forest, 76l. 17s."—that was the bill I paid for him—it was paid at the time he was arrested by his late employer, Mr. La Forest, and we paid it for him—I do not know that we cashed it through our bankers, we renewed it when it became due—we advanced the money, and drew a bill upon him for it, which he accepted—I cannot tell whether it was paid into our bankers, or whether it remained in our cash box till it became due; I know that it was renewed many times—it certainly did go into our bankers at some time or other, as also the bills which he accepted to meet the former deficiency; here is, "Accounts received and not accounted for, up to 1853, 472l. 15s. 1d."—he gave acceptances for those accounts, which we discounted through our bankers—I have them, here is "1855, about 300l"—it is not" to 1855"—on my paper there is the word "drawn "opposite it—that means that we had paid him the money—the 300l. does not mean exactly the same as the 472l.—this was cash; it must be—I cannot say whether it was a part of that very 300l. that we charged him with embezzling; it is not my doing, I cannot tell you, I do not know—if I cannot answer truly, I cannot answer it at all—Mr. Ellwood can explain it to you, but I really do not know what that 300l. is—it is a memorandum—I should expect that the 300l. includes the 170l. that we charge him with embezzling—I have a doubt about it, I do not know what it is—it is very likely that 300l. may include the very amounts that we now charge him with embezzling—I cannot have a doubt about it, if I know nothing about it—I cannot understand this 300l. being put down in this way—Mr. Ellwood produced this paper at Guildhall—I have no doubt that the 300l. includes the sums in the present indictment—I cannot say it is so—I will say I have no doubt, if you wish it—you say it is so, therefore I have no doubt it is—I do not know that it is so—I cannot swear to a thing that I really do not know—I must, of course, have talked to Mr. Ellwood about this item of 300l.—I have done so, not often, only that once; after Bumble was gone—I looked over the account, and said "Now, look here," and suiting the action to the word, "I have cut this in halves"—we talked about that item of 300l.—he very likely told me what it was, I do not remember the circumstances—this word "drawn" has deceived me; I thought it was cash drawn—on the other side the money improperly taken is put down in another shape—I do not remember whether the word "drawn" was on it at the time—the amount of the deficiency now is 160l.—I believe this 300l. was intended to represent the deficiency—I think our solicitor has got the original document from which this was copied—I believe this is Rumble's writing—this word."drawn," I believe, is Bumble's, it looks so to me—the prisoner was not charged with 140l. more than he ought to have been—there was no account at all—it appears so on this piece of paper—it is no account at all—this 300l. is in my own handwriting—Mr. Ellwood must have told me of it at the time this was taken down—there is no "drawn" on this original paper—if I had seen that original paper I could have answered—that brings out 2,523l. 15s. 7d.—Mr. Ellwood did not estimate the expenses the prisoner had been put to, at 100l. a year, for six years—this 500l. expenses, means expenses that we were at at home, in our own cellars—I swear that, positively—the object was to know the amount of the business introduced by Keymer, and the money he had drawn, and when I cut it in two, I showed his cousin that he had had more than all the profits that he had made for
the concern—the amount received was 2,523l.—that 300l. ought to have been 162l.—the 500l. was deducted from the 2,523l.—that was an error, it ought to have been added to it—it was discovered at the moment—we saw it the moment that Rumble had left—it speaks for itself—we should not deduct expenses, it ought to have been added—it had nothing to do with the money which the prisoner was out of pocket—he had always had his expenses deducted—if he had not bad it, he would have to deduct it—somehow or other, I deducted the 500l. instead of adding it—we did not immediately send after Mr. Bumble, and explain it—we did not know where to send to him—we did not think this piece of paper of any moment at all, it was merely to satisfy his mind that nothing was coming to him—I swear that this 500l. meant the house expenses—this 500l. has been added since—this "expenses at home, not entered" is not my writing—it was not entered upon this piece of paper when Rumble took it from our house—I did not say just now that I noticed it in the original document the moment Rumble had gone away—I do not believe the 500l. was entered at the time—it was not entered on my own account—I wrote down at the time, "expenses at home not entered," and that 500l. has been added since—it is not my writing—I cannot tell that it has been put down since—I firmly believe it was not down when Rumble took it away—I will not swear it—I am perfectly satisfied that this 500l. has been added since—it was not upon our original document at the time it was given to Rumble—to the best of my belief, that 500l. was not entered down until after Rumble left, but Mr. Ellwood will tell you more particularly if you will rot the question to him—the 500l. is not either added or deducted on this piece of paper—I stated just now that after Rumble was gone, I told Mr. Ellwood it ought to have been added instead of subtracted—I told you on the first onset that I was not quite clear about it—it must have been entered—it appears that it was put down while Rumble was there—I swore just now that it was done after he was gone, because I believed it at the moment—it appears that I was in error, but not intentionally so—having subtracted the 500l., the result was 2,023l.—it was not 2,023l. against the prisoner, and 1,518l. for him—the halving was done at the impulse of the moment, suiting the action to the word—in consequence of Rumble asking me if there was not a commission due to Keymer upon the transactions dome, I said, "No, no commission was agreed to be allowed him, and even if I gave him half (now this was suiting the action to the word) it would run away with all the profits made"—that was merely to show him that nothing was coming to him—I said, "Supposing I were to give him half, there would be 1,518l. 6s. 5d., don't you see that?"—I meant that he had already had a great deal more than he ought, that we had claims against him more than that amount, even if I allowed him half—I put that down before Rumble, in pencil—I am sure this is mine, the rest is in Mr. Ellwood's writing—we were both in the room together—the half is mine—that would make him debtor to us 505l.—Mr. Rumble did not suggest that something should be put down for expenses, except his own expenses that we had already paid him—he asked if there was not something coming to him in the shape of expenses—I said he had already had it—the expenses are all included in the money that he had drawn—the 500l. was expenses at home in our cellar—we reckoned those expenses by ascertaining it at so much a week, according to the business done—that was a rough guess, and I think it is under the mark—you frequently open six or seven bottles of wine to one party—I did not mean to charge him with that, bat we took it into
account in ascertaining whether his business answered our purpose—that 500l. was subtracted by accident instead of being added—there are no home expenses charged anywhere else in the account, which proves that it had been deducted in error—on my own memorandum it was put down "expenses not entered"—the expenses must have been put down instantly afterwards—perhaps Mr. Ellwood may be able to enlighten you whether anything was said, and we put it down, but I could not have made that memorandum there at the time unless it was so at the moment—it might have been added two or three minutes afterwards perhaps—1,563l. 12s. 5d. is put down here as cash paid, not drawn—I mean it was cash paid in reality—it is the same thing—it is written down on this paper "cash drawn"—I do not know who has altered it—it has not been in my possession—I do not know whether it has been in our solicitor's possession or in Mr. Ellwood's—it has not been in the prisoner's hands, or altered by him—I cannot tell who altered it—it is not my writing—I do not know whose it is—I do not think it is Mr. Ellwood's—will you allow me to show it to my solicitor, and ask him if it is his writing—it is neither Mr. Ell wood's or mine—I do not see whose else's it can be but my own solicitor's—it is not my son's—you must ask Mr. Ellwood if it is his—I believe it is not his—it does not look like it, but I am not positive—I have not had any conversation about the alteration—it is cash paid in reality—I do not know whether I have any entries in our books which bring the cash drawn to more than 922l—I do not know that account so well as Mr. Ellwood—I have not looked through the books for that very purpose—I do not know that I can explain it—I have not examined the books to explain it—Mr. Ellwood kept them—I have not examined them since then, with Mr. Ellwood—I have not had a talk with Mr. Ellwood about it—I have not had any talk with Mr. Ellwood on the subject—Keymer did not come to Mr. Fesenmeyer's office, and go through the books with me—I am not aware that he went through the books with Mr. Fesenmeyer in my presence—I do not know the amount of cash drawn, therefore I cannot swear anything about it—I know neither one way or the other—I cannot say whether the interview with Mr. Bumble was on 11th Dec.—the prisoner did not threaten to bring an action against me before I took any step against him or applied for a summons—he did threaten to bring an action—we had a letter from his attorney—it was after we had made a charge against him—I mean to swear that it was after—I applied for a summons before I received the attorney's letter, and before I knew it had been sent—I applied for a detective officer—I gave him into custody for embezzlement—I cannot remember on what day—I did not make a memorandum of it—it was before I had received the attorney's letter—I swear that—I am speaking of when I gave instructions to take him into custody—I applied for a detective officer before, and I went that very evening to try to take him into custody—we could not meet with him—I received the letter on the 18th, and gave him into custody on the night of the 20th—I have no doubt that the reason of the sending of that letter was because I was prosecuting him.
COURT. Q. You have stated that you took him into custody before you received the letter? A. No, I did not take him into custody; I applied for an officer before—he was not taken into custody till after I had received the letter.
MR. BALLANTINE. Q. I asked you the question whether you received that letter before or after you gave him into custody, and you deliberately answered twice that it was before? A. What I meant to say was, that I
had given instructions to take him before—I knew nothing of this action until I had given instructions to take him into custody—that was what I meant to imply—after that I received this letter—he was then brought before Mr. Alderman Farebrother—I produced the paper before the Alderman that has been produced to-day—the Alderman discharged the prisoner—he said we had only one party—the fact is, we had only One hour to send for one party—he did not discharge him—he said that he might leave, but take care to coine up again—I know a man named Job Spurgeon—he did not tell me that the prisoner was going to bring an action against me—I lever remember his saying a word—I do not remember seeing him—he certainly did not tell me on Wednesday, 17th Dec., that the prisoner was going to bring an action—I do not remember seeing him at all, much more his mentioning such a subject so me—I firmly believe I never saw Mr. Spurgeon at all upon the subject—I did not hear him say so, at all events—I cannot swear the man did not say so—I do not remember seeing him on the subject—I do not remember seeing him that day—I did not, in answer to that remark of his, say, "If he has done so I will arrest him"—I do not remember it—I will swear positively I do not remember his speaking about it—I do not believe I saw Mr. Spurgeon at all—I will swear that I do not know that he ever came near me, or that I went near him—I cannot swear that I did not see him on 17th Dec.—I will swear I do not believe I did—my firm belief is I did not see him at all—I cannot pledge my oath, because such a thing might have occurred and I have forgotten it—I suppose you will have Mr. Spurgeon produced to prove it—I have not seen him this morning—I know him, he is a customer of ours—I swear that I believe Spurgeon did not tell me that Keymer had been to his solicitor to bring an action against the firm, and that I did not reply to him, "If he has done so I will arrest him directly"—I believe such was not the case, and that I did not see Spurgeon at all—I should think such a thing could not have occurred without my knowing it—I can swear positively that I did not have any communication with him—I swear positively that I had no communication with Spurgeon on or about 17th Dec. about this matter—I had no communication whatever with him—I swear positively I did not say, "If he has done so I will arrest him"—I am now of the same opinion as I was all along—if Spurgeon had said anything of the sort to me I should have remembered it—I swear he did not, without any doubt—I firmly believe it—I can pledge my oath to a thing that was done, but not to a thing that was not.
MR. PARRY. Q. Is this man Spurgeon alive, as far as you know? A. Yes, and capable of being called as a witness—I have not seen him since the last Sessions—he was well then, and I have not heard of his being ill—he was introduced to us as a customer by Keymer—he is an intimate friend of Keymer's, and I think one of his bail—I never had any communication with him about arresting Keymer, or about any action—before I received the letter of 18th Dec., about the action, I had given instructions to the police to apprehend the prisoner—the officer's name is Eussell—Mr. Bumble is in Court to day—he is cousin to Keymer—this account is all in Mr. Ellwood's handwriting, except the line where I divided it in two—this "expenses at home" was written before the 500l.—that is my belief—the 500l. is written close to the bottom of the page—my firm belief is that the word "drawn" was not there at the time Bumble made out the account, but I cannot swear it—I believe it was done afterwards—I know that the prisoner has had his salary and expenses from time to time—he did not demand from me
any expenses as owing to him when he left in Aug., nor has he done so since he left—he never made any claim of partnership upon me until he was apprehended—I never heard of any such claim until he was apprehended—the action that was to be brought against me was for slander—this is the letter I received (looking at one)—I was present at the police court when the prisoner made a statement—(Prisoner's statement before the Magistrate was here read, as follows: "I have only to say this, as has been stated by my Counsel, that when I joined Chambers and Ellwood, Mr. Chambers made an agreement with me that I should have half the profits upon all the connection I introduced, and that I should bear half the loss of any bad debts incurred, and that separate books should be kept for that purpose, marked 'K'")—that was never stated to me in any way by the prisoner until he was apprehended—during the five or six years while he was in our service he never claimed any portion of the profits of our business—no such arrangement as he states was made by me—Rumble came on behalf of Keymer for a debtor and creditor account—I said, "We have no account to give Mr. Keymer; we. have no debtor and creditor account; it is only on one side, unfortunately; Mr. Keymer has taken a great deal of our money, and we have voluntarily paid him a great deal more than was coming to him; he now and then asked for an extra 10l., and we never refused him; that appears in the books"—Mr. Rumble then said, "Is he not entitled to a commission?"—I said, "No"—he then requested some sort of a statement—I told him we were particularly busy on that day; if he would look in in the course of a week, Mr. Ellwood would just make him out a statement—when he called the next time, I am not quite dear whether it was ready or not, whether he had it then, or a few days after—then this paper was shown to him—I never said that I was advised by my attorney not to give a debtor and creditor account—I never was advised by my attorney not to do so—I never spoke to him on the subject—I said nothing to Mr. Rumble about being afraid it might be turned into a partnership account—Mr. Fesenmeyer is my attorney.
COURT. Q. Was it on the second occasion when Rumble came, that Ellwood gave him this account? A. Yes; we allowed Rumble at that time to take a copy of it, which he did; that was the way in which he got possession of that paper—this paper is all Mr. Ellwood's writing, except the figures below the line, and the division by two, and the alteration—these pencil figures are mine, and were made just now, when I was making the calculation—the prisoner never accounted for these sums of 18l. 8l. 6s. 8d., and 15l., before he left, or at any time—they are not entered in his collecting book, nor in the ledger—I should say these pencil figures were made by me first, and then Mr. Ellwood entered them in ink; the total was added up by me in ink—the figures in pencil are, 2,522l. 16s. 3d. then 500l. is added to that, and afterwards copied down in ink—they are my figures—I can explain it now—this was written by Mr. Ellwood. I then added it up in pencil, and afterwards put it down in ink—that was it, I perfectly remember it.
JAMES ELLWOOD . I am one of the prosecutors in this case. I am in partnership with Mr. Chambers—the prisoner was in our service—he came about May, 1850, as clerk and traveller—it was his duty to receive monies from the customers, and to pay them in either to Mr. Chambers or myself—he had no power to withhold the payment in any way; he ought to pay the first time he came in after the collection—it might be the same day, if he came in, or the next morning—he has never accounted to me for 15l. 10s. from Flint, 18l. from Abbott, or 8l. 6s. 8d. from Grace—it was his
duty to account for them at once—he never gave any account of those sums to me at any time—he left our service in Aug. last—he absented himself about the time we discovered that he had received these monies.
Cross-examined. Q. You made out that account, did you not? A. Part of it is my writing, the top part—the figures 1518, the half of the 3000 is not my writing—I do not know when that was written—I did not see it written—I think it is Mr. Chambers's writing—I do not know when it was written, but I expect at the time I gave the paper to Mr. Rumble—the three or four lines at the bottom are not in my writing; the 2,223l. 15s. 7d. is not mine, nor the 1855, 300l. nor the 2,523l., nor "the expenses per annum, 500l."—I made out that account by the desire of Mr. Chambers, a minute or two before it was delivered to Rumble; it was a hurried thing, while he was waiting there; I made it out from sundry books that I had—I believe those books are in Court, and one was a small memorandum book that I kept on my own account in my own desk—the prisoner did not know that I kept that—this 300l. at the bottom was not included in the profits in any way—I believe that meant the debts that the prisoner had received which we had not quite put together—it was not put down exactly in the game position as the 472l.; we considered that done with and forgiven—the 300l. meant accounts received and not accounted for between 1853 and 1855; it turns out to be 180l. or something of that sort—I cannot say when this "expenses per annum, 500l." was put down—I first saw it on this paper in the Court—I did not see this paper again until you had it before the Magistrate—I believe Mr. Chambers spot it down, saying, that the expenses incurred by the customers coming into the cellar and tasting, might amount to 500l.—I heard him say that, or something to that effect—that was while Rumble was there—I do not remember that Mr. Chambers said anything about it after Rumble was gone—I thought nothing more of it after Rumble was gone—I am quite sure nothing was said about it after Rumble was gone—I kept the journal—the monies received would not be entered in the journal, but in the cash book—the prisoner could see that cash book, he never made any entries in it—it is the cash book applicable to the whole of the business—I entered it from what he said—if he had brought the money in and said, "There is Mr. Grace's 18l.," I should have entered it down 18l.—there would be no document to show—that was the way in which we allowed the business to be done—I should see whether the accounts balanced when I posted them into the ledger—I took what he said, and put it down on that—I relied on his memory and accuracy—he did not often give me the accounts of several days together at one time, very seldom; it might have occurred, perhaps, the second day—he was to be allowed certain expenses—there was no stated amount of expenses—I think the cash book will show (referring to it) the first entry is on 1st July, 14l.—he came into onr service at some time in May, but not fully to commence business—his salary was 10l. of this amount in July, and 4l. was for expenses—up to that time he would pay his expenses with his own money, and he would charge it at the end of the month—if he had none, and wanted some to pay his expenses, he would have asked for it and had it—he does not appear to have done so—the next payment is on 1st Aug. 14l. 17s. 4d.; that is salary, 10l., and 4l. 17s. 4d. expenses; the next is 31st Aug., 16l. 14s. 3d.; 10l. salary, expenses 6l. 14s. 3d.—the next is on 1st Oct., "Charges, Mr. Keymer, 15l. 16s."—that is in the cash book, 5l. 16s. of that is for expenses—it is not put down as part wages, and part expenses—these entries were made in the cash book at the time the money was paid him—I am sure
about that—someof the entries are in my writing, and some in Mr. Chambers's—the expenses he had incurred were down in a book at that time—that book is here—this (produced) is the expense book—it if in the prisoners writing—the amount was taken from that—the last entry in this book is on May 29, 1851—the expenses are not entered separately in the cash book after that time—here is an entry, on 26th Dec., 1851, that indicates the expenses that were paid—I did not say that the expenses were entered from 1850 to 1853, I said not separately—the whole amount of his salary is entered together at the end of the year—the entry on 26th Dec., 1851, is 190l.—that is under the date of 26th Dec., 1851—his wages and expenses were included in that amount, I have not got the particulars of how they were paid, it was all put down in one lump at the end of the year—it stands in our books in this way, "Charges, to Henry Chambers," salary, so much—and underneath that is "Ditto, G. S. Keymer, to 31st Dec., 190l."—that applies to the salary as well—Henry Chambers is a clerk, and is also the son of my partner—salaries are put under "Charges," because we post them to "Charges"—we have no account called "Salary," they are both posted to charges—this "190l." is my writing, I do not know when those figures were put in—they are not written on an erasure, there is no erasure there—the folio referred to in the ledger is No. 154—this sum of 190l. was paid at various times between May and Dec.—I have no check now as to when it was paid, the amounts are on slips of paper, and when it is entered there we consider that they are done with, and the papers are destroyed; they are only little slips, and memorandums—I kept them till Dec., and then entered the total—none of those are left, but I have some since—they were memorandums of cash that he had asked for, and had—I cannot point out any single occasion when he had cash before that date, but he asked for 5l. at a time—I do not know that he saw me make this entry, I made it at the time—I mean to say that it was made at the same time that the name, "Keymer," was put down; on the same day that this "Henry Chambers" was put down, at least, I think so; but the "Henry Chambers" appears to be in different ink to the other—I do not know how near to that time they were entered—I swear they were entered long before a year afterwards, and long before six months afterwards—I swear, positively, that this entry was written within twelve months of the time it bears date, and, I have no doubt that it was entered near the time—I believe the other entries were made at the same time, at least four are all entered together in the same writing—the entries are all in my writing, except one or two at the top.
Q. Point out to the Jury any other payment made to the prisoner after Dec., 1851? A. On 31st Dec., 1852, here is 325l. 5s., I have no vouchers for that—I have destroyed all the vouchers—this 325l. includes the year's wages—salary is entered here as "Charges"—this is in rather different ink to the other, but it is in a different writing—the entries below are in Mr. Chambers' writing, and those below are mine—mine were all entered at the same time—I entered this, "W. M. Chambers, 374l."; but this, "Ditto, ditto "is not my writing, I began at "G. S. Keymer"—I mean to swear that I entered this "Chambers" on the same day—I cannot give you a single voucher to show you that he has received a single farthing of this money, but I have got some later ones—at the beginning of 1853, the 30l. a month commenced; no, it was towards the end of 1853—the first entry, between Dec., 1852, and the period of the new arrangement which was to be made, is "31st Jan., charges, G. S. Keymer, 10l."—and it follows "Henry Chambers,
16l. and "J. T. Rogers, 12l. 10s."—that was before the new arrangement—I commenced entering it up to the end of the month, I believe—I ended the year with a large sum, and began with a small item, that was to keep the entries more regular—by "charges" I mean salary.
Q. You say in your account, "Cash drawn, 1,563l. 12s. 5d.," can you show me any entries in that book to make the amount of cash paid to him, during the whole time he was in your employment a larger sum than 922l. A. Certainly—I took it from the books at the time, it may not be exactly correct, but that is the figure—in 1850 to 1851 here is 52l., 10l., and 17l.; April to Dec., 190l.; Jan. to Dec., 325l.; and then there are seven items, amounting, in the whole, to 240l. 9s. 6d. but I can give it better by this little red book (produced), in which I kept the entries—here is "Jan. 24th, 10l.; then Feb. 23rd, March 22nd, April 16th, and May 10th to July 21st, 104l. 19s. 6d.; Aug. 4th, cash 2l. 17th, 1l.; 16th, 10l. (the 16th is after the 17th); Sept 6th, 1l. 10s.—from Aug. to Nov. 3rd I make it 68l. 10s.; and there is an entry of small sums, amounting to 34l., down to Dec.—I do not see any more money that year that I paid him to make it 28l., instead of 240l. as you put it—I should think there was more, but it might be entered directly here without going into the red book—he might have had more—I do not mean that I deliberately left, anything out, if I have, it has not been done with any intention one way or the other—it is not an irregularity—though I kept this book to enter the amounts in, they might not appear—I have not taken the trouble to examine the books—the particulars were not all entered at one time, they were all copied out and made one entry, but they were entered at different dates, as he had the money—I swear that they were all entered on the same day as they were paid—they were not extracts from the little memorandum book that I have spoken of, they were entered at the time—sometimes he gave me memorandums, and sometimes I wrote the slips of paper myself—I made up the books from nothing, I entered the money at the time it was paid—he asked for 1l., and I paid him 1l. and entered it—some of the slips of paper were before, and some afterwards—there were none of this year at the time these were in existence—I told the Jury that sometimes I wrote them, and sometimes he wrote them; that did not allude to these entries, but to previous ones.
Q. Be good enough to refer to the year 1854; my figures altogether, down to Aug., when the prisoner left, are 97l. 1s. 6d.; can you make it any more? A. Yes, there was 5l. afterwards, which I have inserted, or it would be 92l. 1s. 6d.—the red book does not contain all the payments—there was a trifle over in 1854—this is for three months—I also paid him, on 17th April, 15l., and on 6th May, 15l.—(that is not included in the 92l., it was afterwards—I am sure of that)—15th May, 15l.; 12th June, 15l.; and 31st Dec., 195l.; that made the 30l. a month for the remainder of the year—the 195l. was entered about that time, I swear that—it was entered from memorandums—I put it all in a mass, 195l.—the amounts were entered on a strip of paper, which is not now in existence—I mean to pledge my oath that Mr. Keymer received 195l. in cash from us at various times—he did not have it regularly, he had, perhaps, 5l., or 6., or 4l.—I have not got my papers to show that—I mean to say that those small sums amounted exactly to 195l. I summed them up about that time, and destroyed the paper—I did not know that I should be asked for it—I have no memorandums in my red book to show those payments.
Q. Just refer me to any sum of money which you paid him after that
time? A. 31st Jan., 30l.; that was by various email amounts during the month—the next is 28th Feb., 30l.; this is made up in the same way—the next is 30th March, 30l., made up in the same way—if the small amounts came to a trifle over 30l. I carried it on—the next is 30th April, 30l.; the next, 31st May, 30l.; and 30th June, 30l., appears to be the last—they were all paid in small sums, and I have no vouchers for them—here are some of the pieces of paper (produced); they are for 1855—I kept these, and not the others, because these matters were brought forward then, and I did not destroy them—this "cash drawn" has been scratched out, and "cash paid "put in—I put the "cash drawn," and altered it to "cash paid," directly afterwards, before Rumble took a copy—the alteration is not in my writing, I think it is Mr. Chambers's writing; am sure it is not mine—I mean to say that that was altered before Rumble left; he had a copy at the time, and has got it down—I cannot swear that it was made before he left: I did not do it—it does not look exactly like Mr. Chambers writing; I cannot say for certain, but I believe it to be his—I did not see him write it—he said when he took it from me, "You must strike this word out, this is wrong, it is cash paid;" and I suppose he altered it, but I did not see him do so—he might have had a pen—I will swear that he said that before Rumble left; he said it at the time I gave him the paper—I have seen Mr. Chambers since he was examined this morning, but have not spoken to him.
MR. PARRY. Q. As regards the 1,563l., where did you get it from? A. I copied the amounts from the various entries in the book—that is the amount which Keymer had in cash; there may be a trifling error, for it was done in a hurry—I gave it to Rumble, because he came and asked Mr. Chambers—he said, "Mr. Keymer wants an account of what he has had"—Mr. Chambers said, "Can you give Mr. Rumble an account?"—I said, "I will do it"—Mr. Rumble called again in a week, and I had not got it done—I referred to my books in a hurry, and took that out, to show that during the five years Keymer was with us, we had had no profit—the memorandum book was a private one which I kept for my own purposes—I did not enter into any agreement with the prisoner for him to have half the profits, and to pay us all the bad debts—I never heard such a thing before his apprehension—I had not gone carefully through the books at the time I made that item of 1,563l., up—I ran through them at the time while he was waiting—it was all done while Rumble was there—this sum of 500l. in the account for expenses, is what we considered to be the expense of wine drunk by customers tasting it in the cellars, and we put it down at 100l. a year—that sum is deducted on this paper, and it ought to have been added as expenses against the profit account—it is merely to show that during the five years we had never made a penny by him—the prisoner agreed to the alteration of 30l., including his expenses—at the time he took the first 30l., he did not demand anything on account of arrears of salary—he has never made any claim for expenses incurred by him—this "1855, 500l." is in Mr. Chambers writing, and the summing up also, and I think this "paid" is his, but it is not his usual style of writing—it was done in a hurry—when Rumble came, I was engaged on other business, and Mr. Chambers referred to me—I have seen Rumble here to-day—I have a few more months of these vouchers—I kept them in the cash book until it was made up—my book goes down to the close of 1854, where a sum of 195l. is mentioned—that is made up in sundry small sums from memorandums like these—the prisoner never claimed anything for
arrears after the entry of 19l.—I never heard of a claim for salary till to-day—Mr. Keymer has asked me sometimes, "How does my salary stand? and I have said, "You are paid up to the end of March or Feb.," whichever it may be, and he has said, "I do not know, because I trust you, your word is sufficient"—I have some more of the memorandums (produced)—I have from time to time paid the prisoner his alary in the regular way, and since he left I have never received from him any claim for salary.
JOHN FREDERICK WILLIAM FESENMEYER . I am a member of the firm of Grey, Son, and Fesenmeyer, solicitors for the prosecution. I produce the draft of an agreement which I prepared for the prisoner, whereby it appears that he is to enter into the service of the prosecutors as clerk, on his obtaining a respectable person to become security for his duty, and faithfully accounting for the moneys he receives—I delivered it to him—he had it for a couple months, and it was never executed in consequence of a difficulty as to the security—I asked him several times whether he approved of it, and he said, "Yes," but that the party who he had mentioned as security had mentioned the matter to his wife, and she objected to it, and that he would give another name, but no other security was obtained—a fair copy was given to him—I had communicated with Mr. Chambers about two days before the letter about the action for slander—I mean that he had applied to me with reference to this prosecution.
GEORGE RUSSELL (City policeman). I am a detective. I received instructions on 17th Dec., and on the 20th apprehended the prisoner in Claremont-square—Mr. Chambers went there with me—I had been making inquiries for the prisoner between the 17th and 20th, but could not find him—I did not go to his house—I told him the charge, and he said that he was a partner.
Cross-examined. Q. You took a quantity of papers from him? A. Yes, and was ordered by the Magistrate to return the whole of them—I have not kept any of them—some were handed to the solicitor, and were handed back to me, and I then handed back to the prisoner all the papers that had been taken from him—there was a paper containing an account of profits—that was handed back—there was a list of profits—gave it to the lawyer, Mr. Fesenmeyer, and it was returned—I mean that I returned it to the prisoner—I will swear that it was among the papers that I returned—I particularly asked the prisoner if he had any other papers, and if so to mention it then, and he said that he had got the whole of those papers, and this paper I should have noticed in a minute—I feel convinced that I gave it back to him—I am quite certain that Mr. Fesenmeyer returned it to me.
(MR. BALLANTINE called the attention of the Jury to certain erasures in the draft agreement, it having originally been to the effect that the prisoner was to carry on the business of a wine merchant, and to be supplied by Chambers and Ellwood with goods.)
COURT to MR. FESENMEYER. Q. Was this document in the state in which it is now when you handed it to the prisoner? A. Yes, but not so far as the striking out is concerned—it is a draft of which I sent a copy afterwards,
but in drafts there are always portions struck out—this is the original draft—almost every line of it is struck out, and something else is interlined—it was a copy of the interlineations as it now stands, which I delivered to the prisoner—what is struck out here would not appear.
NOT GUILTY .
( There were five other similar indictments against the prisoner, upon which MR. PARRY offered no evidence, upon all of which a verdict was taken of Not Guilty. )
NEW COURT.—Monday, March 3rd, 1856.
PRESENT—Mr. Ald. HUNTER; Mr. Ald. CUBITT; Mr. Ald. EAGLETON; Mr. Ald. LAWRENCE; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Fifth Jury.
PLEADED GUILTY . Aged 32.— Confined Two Months.
PENSION PLEADED GUILTY . Aged 26.— Confined Six Months.
MR. ROBINSON conducted the Prosecution.
ROBERT PAYNE . I manage the business for my mother, Elizabeth Payne, who is a pork butcher, living in High-street, in the Borough—Pension has been in our employ about ten months—on the morning of 13th Feb. I watched him—as soon as he came down stairs, he took a hamper from the shelf, and went into the cellar with it—he brought it up, and put it into the cart—I sent him away, and I looked into the hamper—I saw in it three bellies of pork, which were my mother's—he had no authority to take them away—when he came back, I drove the cart and him to Newgatemarket—I spoke to a policeman, and I went into the market, leaving Penston in the cart—I had seen Hunt about the market as a porter—he had never worked for me, but through another man for me—I came back, and something was said to me by the policeman—I afterwards saw the same pork at Smithfield station.
THOMAS GEORGE GISBEY (City policeman, 245). From information, on 13th Feb., I watched Mrs. Payne's cart—I saw it stop at Ivy-lane, and the last witness went down into the market, leaving Penston there—Penston then got down, and went into the market—soon afterwards he returned with Hunt—Penston had this cloth in his hand—he got into the cart, and put the three bellies of pork into the cloth, and gave it to Hunt, who put it on his head, and went towards Ivy-lane with it—I followed him, and when he had got to Warwick-lane I stopped him, and asked what he had got there—he said, "Three bellies of pork"—I said, "Where did you bring it from?"—he said, "From home, and I can tell you where I five"—I took
him, and gave him to another officer—I went back to the cart, and took Pension into custody—this pork was afterwards shown to Mr. Payne, and he identified it.
Hunt's Defence. He asked me what I had got, and I said, "Three bellies of pork;" he said, "Where are you going with them?; and I said, "Home;" I was in the market, when Pension came to me, and asked me to take three bellies of pork; I said, "Yes;" I went to the cart, and undid the tailboard, and took them away; the officer overtook me, and asked me where I was going to take them, and I told him, "Home."
(Hunt received a good character.)
HUNT— NOT GUILTY .
299. EDWARD FOGARTY , stealing 8 casks, value 4l.; the goods of the London Dock Company, from the Docks: and WILLIAM WALL and JOHN MEEKIN , feloniously receiving the same, well knowing them to have been stolen: to which
WALL PLEADED GUILTY . Aged 22.— Confined Six Months.
MR. GIFFARD conducted the Prosecution.
JOHN SAYERS . I am a constable in the service of the London Dock Company. On 22nd Feb. I went to a cooper's shop in Cooper's-row, East Smithfield—I saw Meekin there—I said, "Is your name Meekin?"—he said) "Yes"—I said, "I understand you have received eight empty casks this week"—he said, "I did "I said, "When did you receive them?—he said, "I think it was Monday or Tuesday"—I said, "Of whom did you buy them!"—he said, "I don't know the man, he is a stranger to me "I said, "I should like to see the casks, will you show them to me?"—he said, "I cannot do that, I have sold them"—I said, "To whom?"—he said he was a stranger to him, he did not know him—I said, "To whom did you deliver the casks, and to what vehicle?"—he said, "Oh, if you will come with me, I will show you the casks"—I went into an enclosed yard, in a place called Blue Anchor-yard, where he took me, and he pointed out a number of casks—he said, "They are here, I bought them of a man of the name of Wall" I said, "Where does he live f"—he said, "I do not know, but it is at some house in Wapping"—I found about thirty casks in the same yard belonging to Henry Clothier—the whole of them were afterwards removed.
Cross-examined by MR. RIBTON. Q. Where did you find Meekin? A. In Cooper's-row—I do not believe he lives there—I believe he is a cooper, he came out in his working jacket—these casks were about 300 yards from there—I was in plain clothes—I afterwards told him I was an officer—when I asked him these questions I thought, from his manner, that he knew me—I have been in the Dock service many years, and his place is not far from there—I thought he seemed timid or frightened—there were several men about there—I went in the forenoon on Friday, the 22nd.
JAMES SPRINGLAND . I am a constable in the service of the London Docks. I took Wall into custody on 22nd Feb.; I took him to the station—he made a statement to me—I afterwards brought him and Meekin together—I asked Meekin whether the whole of the heads of the casks were out—he said, "I don't think the whole were out," and Wall turned round and said, "No, the whole of the heads were not out"—Meekin said Wall was the man that he purchased the casks of, eight casks—I afterwards took Fogarty.
Cross-examined by MR. HOBBY. Q. When you apprehended Fogarty, what did you say to him? A. I asked him whether his name was Fogarty—he said, "Yes," and he said M'Mullins was the boy to whom he had given the pass—all I know of Fogarty is, that he is employed in a Trinity lighter—he said a man named Wall gave him the pass, and he gave it to M'Mullins.
GEORGE M'MULLINS . I assisted in taking eight casks out of the London Docks on Wednesday, 20th Feb., about 5 minutes before 11 o'clock; Fogarty employed us to do it—he said, "Take them to Cooper's-row"—I took three, and Fogarty told me to go back for the other five—when I went back, Mr. Meekin paid Fogarty to pay us two—Fogarty received the money from Mr. Meekin—Fogarty said, "What have I to give you?"—I said, "8d."—he gave us 7d., and then gave us the other 1d.
Cross-examined by MR. RIBTON. Q. How much did Meekin pay to Fogarty? A. I think it was 2s., I saw 2s.—that was for our carrying the casks—I was not present when the money was paid for the casks.
COURT. Q. How much did Fogarty receive? A. Two shillings—I was to have 8d., the other boy 8d., and 8d. more for the truck.
DENNIS SHEEHAN . I get my living by playing on a fiddle—I wrote this paper (looking at it)—I wrote it at the request of Fogarty—the first I wrote was a copy he brought me, but this he dictated to me—he gave me 6d. for doing it—this was on 19th Feb.
Cross-examined by MR. HORRY. Q. Was the copy like this? A. Yes, the same as this—I did not know the writing of the copy—it was bad writing—he told me to write it in a plainer hand—he did not bring the copy the second time—he dictated this—I did not know there was any harm in writing another person's name, if I knew there was harm I would not do it—I knew Wall before I wrote this—I have known him two or three years—I never did any thing of this sort for him—I never in my life put a pen to paper for Wall—I did not know that Fogarty came from Wall at the time he brought this—I did not know anything about it, he only said, "Write this out;" and I did—(Read: "Please to pass the bearer with eight empty casks from the barque, Chance. W. Morley.")—I do not understand what this means—he told me to write this, which I did as he dictated—I had not the curiosity to ask him—I did not know him at all at first—he went out, and I asked the boy who that was, and he said Fogarty.
MR. GIFFARD. Q. How many in all have you done for Fogarty? A. Four.
JOHN TITTON . I had the charge of a yard, in the occupation of the London Dock Company. On 21st Feb. seven casks were put in that yard, five and two—after they had been left there Meekin came to me, and we disputed a considerable time about the charge—I wanted 1d. a week for each cask, he took them away the same afternoon—I believe it was the 20th, Wednesday.
Cross-examined by MR. RIBTON. Q. Had he been in the habit of leaving casks in your yard? A. I only had the key from the 11th Feb., I did not belong to the yard before that—his truck was there previous to my getting the key—as soon as I came to the yard I demanded the rent of those who kept trucks there, and he removed his truck and then the casks, seven puncheons.
Dock Company. On Friday, 22nd Feb., I went to the cooper's yard, in Blue Anchor-yard—I and Sayers removed the casks the next day—they were the property of the London Dock Company—they had the marks branded, and cat in—the Company sell rum puncheons at times, but not gin puncheons—these were gin puncheons—gin puncheons belong to the merchants—they take them away—rum puncheons have to undergo a process, to get the flavour of the rum out of them—I cannot tell whether, when casks are sold by the Company, they are sent to the coopers to be re-done up—they may be made into smaller casks—I have no doubt they are articles that a cooper would purchase in his trade—there was a tender gale in Oct, but there were no rum puncheons sold—I have the catalogue in my pocket now.
Cross-examined by MR. HORRY. Q. Do you know Wall? A. I have seen him—I do not know whether he was a cooper in the Docks—I considered this a regular transaction, or I should not have let them pass.
ROBERT WILLIAM ROBERTS . I am a clerk in the London Docks. Ashcroft gave me the marks of the casks he found—I can tell by our books that they ought still to be in our custody—they have not been given, up to the merchants, nor sold.
Cross-examined by MR. RIBTON. Q. Have you your books here? A. Yes—there would have been an entry in the books if they had been sent for by the merchants—I have the numbers of the whole thirty casks—I can say that they have not been taken away by the merchants.
JOHN ROACH . I know Meekin, and I know Wall—I spoke to Meekin about Wall—I told him the result of this work which was curried on between Mr. Wall and me—he paid no attention to it—I told him about home casks taken from the London Docks—he said Mr. Wall represented. he was at work for me—I said; "He is not at work for me"—he was taking the casks out under pretence of being at work for me—I went and saw that they went to Glass House-yard—I dare say it was a fortnight or three weeks before that that I first spoke to Meekin—I know Fogarty—I believe he has been led into the error—it was a week before the last transaction that I went to Meekin's, and said, "You are wrong in buying these casks."
Cross-examined by MR. HORRY. Q. Do you know whether Wall was employed in the Docks? A. He had been employed by me at various times but not then.
Cross-examined by MR. RIBTON. Q. Has Wall ever sold casks for you? A. No—he had not been employed by me for a month—I am a cooper, and I buy casks and sell them—I cannot say whether I have had anything to do with a cask to-day—I might have something to do with a drop of refreshment—I have not sold a cask these four months—I have sold some hundreds—I have purchased ships' casks—I went to Deptford-yard, and bought a lot at an auction—I have bought of other persons—when I know I am safe, I buy them—I have bought of the ships—I was annoyed with Wall representing to Meekin that he was in my employ—I went to caution Meekin against Wall—it was a week before the last transaction.
(Fogarty and Meekin received good characters.)
FOGARTY— GUILTY. Aged 17.—Recommended to mercy by the Jury. — Confined Two Months.
MEEKIN— GUILTY .— Confined Nine Months.
300. WILLIAM OGBOURNE , stealing 3 pocket books, and other articles, value 2l. 5s.; the goods of John Burrup and others: also, 2 coats, value 6l. 4s.; of Robert Johnson: also, obtaining 16 yards of cloth, value 16s., of Mary Ann Wilkins, by false pretences: to all which he
PLEADED GUILTY . Aged 20.— Confined Nine Months.
JAMES CROAKE . I am a cheesemonger, and live at No. 104, Royal Mint-street, Whitechapel I was called by the police between 3 and 4 o'clock in the morning, on the 7th Jan.; I found my shutter flap had been broken in, and my till taken away—there had been 3s. 6d. in it the night before—the cellar flap was locked outside, and bolted inside—I had gone to bed between 12 and 1 o'clock; it was then safe.
JOHN BROWN (policeman, H 156). I was on duty on 7th Jan., near the prosecutor's house—I saw the prisoner and another man come out of the cellar flap about a quarter past 3 o'clock—I had known the prisoner by sight before—I am sure he was one that came out—we pursued the other two—the prisoner made his escape at that time.
Prisoner. Q. I wish to know in what direction you were standing? A. I and another officer were standing nearly opposite, at the corner of Collins'-court—we had been watching the men that were outside for twenty minutes.
Prisoner. Q. By what means are you able to recognise me? A. I was standing opposite—the lamp shines on Mr. Croake's; and seeing you every night, I knew you.
Prisoner. I do not deny being with the other two, and they had treated these two constables; that is how he knows me.
GUILTY .† Aged 21.— Confined Nine Months.
OLD COURT.—Tuesday, March 4th, 1856.
PRESENT—Sir GEORGE CARROLL, Knt., Ald.; Mr. RECORDER; and Mr.
Before Mr. Recorder and the Second Jury.
302. EDWIN JUDGE , feloniously forging and uttering an order for the payment of 5l.; also one other order for the payment of 5l., with intent to defraud; also, stealing two pieces of paper and 1 order for the payment of 6l. 2s.; of Edward Thompson, his master: to all which he PLEADED GUILTY . Aged 20.— Confined Eighteen Months.
303. CHARLES TUCKER , feloniously uttering a forged request for the delivery of 3 pieces of handkerchiefs, with intent to defraud; also, unlawfully obtaining 14 handkerchiefs, value 2l. 7s.; the goods of John Peter Foster and another by false pretences; also, stealing 82 scarfs, value 13l. 6s. 5d.; the goods of John Reed and another, his masters; to all which he
PLEADED GUILTY . Aged 30.— Confined Twelve Months.
MESSRS. PARRY and METCALFE conducted the Prosecution.
JOHN WILLIAM SPOKES . I live at No. 258, Blackfriars-road. On 5th May, 1855, John Sturt was introduced to me by a person named Allen, to borrow some money, and I advanced from 70l. to 80l., or 100l.—the security proposed was an assignment of a bill of sale given to him by Miss Le Brice on the furniture in the house, No. 60, Upper Norton-street, Portland-road—this is it (produced)—it was offered to me by Sturt, who had it in his possession, and Charles Dowsett, who was always present—I then went with Sturt, Charles Dowsett, and Mr. Allen, who had introduced them, to No. 60, Upper Norton-street, to look at the furniture, and after seeing it and the bill of sale, I advanced the money—Sturt said at the same interview that he was the owner of No. 65 as well as No. 60, that he had bought the house, and held it at a ground rent—I lent him 50l. on that representation, temporarily, on No. 65, and on this bill of sale I made it up to 100l.—I lent the second 50l. on the assignment of this bill of sale—I advanced the money because I thought the furniture was well worth it—I should not have done so if I had believed that it belonged to somebody else—if he had not told me that he held No. 65 at a ground rent, and that it was his house, I would not have advanced it even then—he gave me a note of hand for the 50l. each time, for security for the same advance—at the time I advanced the second 50l. I believed that the furniture belonged to John Sturt—if I had not, I would not have advanced it—before I paid the second 50l. I saw Mrs. Sturt and Tom Dowsett, but I do not recollect seeing Hart—Mrs. Sturt said that the furniture was her husband's, and Tom Dowsett said that it was Sturts—six or seven days elapsed between the time when I was first asked for the money and the time when I advanced the second 50l., and during that time I went once or twice to No. 60, Upper Norton-street, and I also went to No. 65—I found Miss Le Brice living at No. 60, and the defendants lived at No. 60, all except Hart—I did not advance other moneys on the property in No. 65—the advances were not upon the property, they were upon bills of exchange and I O U's—there was 50l. on the furniture of No. 60, 50l. on the furniture at No. 65, and up to 28th July it got to over 200l. on the I O U's—on 28th July I received this bill of sale (produced), executed from John Sturt to myself—it covers 191l. 1s. 6d.—the security I received on it was still the furniture at No. 60, Upper Norton-street—before I received that bill of sale I had seen Hart with the other defendants—I used to go to No. 65 occasionally, and Hart was there—I do not think he had said anything about the furniture at No. 60 before I received this bill of sale—I do not think he said anything particular about it at any time, but he has been present when the others have spoken about it—he has assured me that I should get my money if I waited—he was more than once present with all of them when the ownership was talked of—the
amount beyond the 100l. was advanced in various small sums—I saw all the defendants on many occasions while this money was being advanced—Charles Dowsett at one time told me that he lived with his mother, at No. 5, Macclesfield-street—Sturt was present, and must have known that—I can pledge my oath that he was present, by a bill of exchange which I have—I remember it by the circumstance of a bill of exchange which they came for me to cash—this is it (produced)—I lent some money on it on that occasion—the execution of the bill of sale to me is dated 21st May, and the advance was on 22nd May, the day that Charles Dowsett said that he lived at Macclesfield-street—during all the time that the money was being advanced I did not hear Charles Dowsett say that he had any claim on the furniture at Upper Norton-street, or that it belonged to anybody but John Sturt—on 16th or 17th Aug. an execution was put into No. 60, Upper Norton-street, at the suit of Margetson and Hay wood, furniture dealers, of the Islington Bazaar—I received information that it was put in from Mrs. Sturt—I was then at No. 258, Blackfriars-road—she wished me to see to it for her, and I went to Margetson and Haywood, at the ware-house, and something took place—I afterwards saw Sturt, and he wanted me to get the execution out—I ultimately became the claimant in an interpleader issue, and a second execution was put in two or three days afterwards by Lawrence Levy—Margetson and Haywood were the defendants in the interpleader issue, in which I was the plaintiff—it went into Court, and resulted in a verdict for me—Sturt was subpœnaed on both sides, at least I understand he was subpœnaed on the other side—he was a witness for me, and was examined as a witness for me—he swore that the furniture in the house was his, and that he had assigned it to me for money advanced, and that this was the bill of sale which he gave to secure its repayment; it was produced and put into Sturt's hands at the time—he said that about 200l. had been advanced, and that the bill of sale had been given as security; that was the bill from Sturt to me—Miss Le Brice was examined, and Hart was there to be examined, but was not called—I am not aware whether he was in Court to hear what Sturt swore—I had seen him immediately before the trial, and had a conversation with him about what he was to prove at the trial—he said that he knew the money had been advanced, and I must succeed—after saying that, he was there ready to be examined—he said that it was a question of time with Sturt, but they would be sure to pay me—before this bill of sale was given, in July, I was repeatedly asking Sturt for money, and some of it was repaid; at other times I had a difficulty in getting it; and after the execution of Margetson's was put in, Mrs. Sturt said that it was very expensive, and asked if I would allow her brother to remain and hold a copy, that she had to keep him, and it would not matter—after I paid the money into Court, Mr. Sloman, the sheriff's officer, remained in possession for a fortnight for me—there was nobody else in possession for Margetson, he had withdrawn on the money being paid into Court—Mrs. Sturt said that it would be very inconvenient to keep paying 1l. a week, and if I would allow Tom Dowsett, whom they had to keep, to be in possession, it would save them that—I agreed to that, and gave him a copy of the bill of sale, and allowed him to take possession instead of Sloman's man—he remained in possession till 24th—I was there often, and asked him if the things were safe; he said, "Yes"—in consequence of something I heard, I went to the house, No. 65, and saw Sturt and his wife, and Charles and Tom Dowsett: I was very much
out of temper, and said that I had heard that they, were changing the things at No. 60—Sturt said that it was not so—I said, "I will go in and see"—he said, "You can;" and Mr. and Mrs. Sturt, myself, and Tom Dowsett went into No. 60—I do not think Charles Dowsett went—I said, "I think these tables have been changed, in fact, I am sure this is not the table and fender, and the stair carpeting is gone"—Start said, "Yes, I pledged that, but it shall be taken out and restored to you"—I said, "That aught not to be, I am sure they have been changed;" they assured me that they had not, or if they had that they should be restored, and I left—that was about a month before Christmas; it was after the trial, the trial was on the 8th or 9th Nov.—I went again when Sturt was there, as Mrs. Sturt came down in a cab, and said, that Charles Dowsett had caused a Mr. Jullien to be detained at the station house for making away with a carriage which he had to repair or paint, and I had better come down and prove my title to it, as if he was ordered to restore it they should have so much less to pay me—I went with her in the cab to the station house first, with the bill of sale in my pocket, and at her request went up and asserted my claim—Sturt was present then, and I went to No. 68; the defendants were all present, the matter was talked over, and Dowsett said that he must be ordered to restore it, and that he had met him accidentally, and caused him to be detained—I produced my bill of sale then, and after that discussion I and Sturt went to the station house and I asserted my claim—after my claim was allowed in the action, I went on 24th Dec. to take possession of the property, in consequence of something which I heard—I said to Mrs. Sturt, "Sturt tells me he has paid the rent for Michaelmas quarter; now, Mrs. Sturt I want to see the receipt"—she said, "Yes, so he has paid it"—Darvillee a witness, who went with me, was present, none of the other defendants were there—I think first she said that she had it in her purse, and called Sturt's mother to produce it—she could not find it, and then they said that Sturt must have got it, and gone over to my house to show it to me—I said "Has the rent been paid?"—she said, "Yes"—I said, "And with your own money?" she said, "It has, in two sums"—I said, "Because I have, been told that an arrangement has been made by which it is pretended that Tom Dowsett should pay the rent and claim these goods"—she said, "Certainly not; you know he never had a shilling, it is not likely"—I said, "You may say what you like, but I will not leave the house without seeing the receipt; I will wait any time to see it, but if you do not show it to me I shall remove the goods"—Sturt's mother then went out, and in a few. minutes Tom Dowsett appeared—I had three or four persons altogether there—I said, "We intend to move these goods;" Dowsett said, "I do not intend to let you, they are mine"—I laughed, for it surprised me, and then Charles Dowsett appeared, and Hart and they all said that they did not intend to let me move them—Hart had come in when they said that, and three or four men who had come with me began taking up the carpets to move them—Tom Dowsett went for one constable, and Darville fetched another—the men kept getting the things down stairs, and putting them on the staircase, and Tom Dowsett said, "Well, these things are mine"—I said, "Indeed! why, you have been in possession from Oct. for me; it is very singular that they should become yours all of a sudden; why did not you claim them before? why not claim them under the execution? why not tell me when I put you in possession? why remain quiescent, and then appear?"—he then produced an agreement, by which he said that he was the landlord, and that he took the house of one Frederick Cruse—I read it, and so did the
constable—he said that he always had been the landlord, and that Sturt had nothing to do with it—I said, "Oh, that is impossible"—he said, "Well, it is so; if Sturt has been playing the rogue to you, I do not intend to have anything to do with it, and do not intend to let you have the goods;" and they have carried it out, for I never have—I said, "Do you claim them all?"—he said, "I do, from the top of the house to the bottom, and you do not move them"—he did not say who Frederick Cruse was, but I said, "The well known swindler"—he said, "That is my business; this is his agreement"—I believe there is a person named Cruse—I asked him if being the landlord of the house made the furniture his, but he would not explain that—I said, "You know you cannot be the landlord, for I have paid the rent myself to the Guarantee Society"—that was the Michaelmas quarter—the cheque was to Sturt—this is it (produced)—it is dated Jan. 16, and bears the endorsement of the manager of the Kent Guarantee Society—the amount is 14l.—Mrs. Sturt had paid the property tax, and I paid the difference, 14l.—Mrs. Sturt went with me—I have the cheques here for all the advances which were made by cheque, and I believe they all bear Sturt's endorsement, but some were made in cash—we tried to remove the things, but were violently resisted—the defendants were all there except Sturt—when anything was wanted he was never visible, but when he wanted anything he was always present—that is the way they do their business—Tom Dowsett before that had taken part in the ownership—I saw him twenty times, and said, "You are taking care of the things"—he always said that they belonged to Sturt, until 24th Dec.—he never asserted that they belonged to him till the moment that I wanted to remove them—I do not know whether Charles Dowsett was present at the trial, or when it was discussed what was to be proved at the trial, but I have seen him often at the house—Mrs. Sturt was a Miss Dowsett, I have understood.
Cross-examined by MR. BALLANTINE (for the Sturts). Q. What did you say you were? A. A bookseller by trade—I do not sell books now, I manage the loan office—I am also an auctioneer and house agent—this was a transaction of my own with Sturt; it had nothing to do with the loan office—I do not want to bring in other persons' names, these people have caused me misery enough—I did not represent the loan society in this particular transaction, it was a transaction of my own—there is a loan society—I mean to say that the loan society has an existence, except in my own person—I will not give the name of the secretary, or any of the members—I have a share in the society—I am not one of the Directors—I do not sit at the Board, there is no Board—I have never practised at all as an attorney—I have been nothing but a bookseller, and a house agent, and auctioneer—I was a bankrupt in 1847—I was never insolvent—the loan society has been started two years—I was a bookseller in the interval—I believe both the houses Nos. 60 and 65, Norton-street, were brothels, as far as my knowledge goes—I do not know it—gay women live there; it is not what I call a brothel—I used to visit there as a matter of business—I used not to take my gin and water there, I drank tea there, pretty often—I was not very intimate with Mrs. Sturt—I never went with her to Canterbury Hall—I did not propose for her to go there with me—I never asked her, she was not to my taste—I went to Epsom with them, they drove me there—it was an offer on their part—they were then borrowing money of me, and wanting more—they took me down to the Derby in order to get more money, no doubt—I did not think so at the time—they have had altogether 212l. or 213l.—I have had back 22l. 10s.—after the issue I had some more; not 130l. or 140l., nor
near that: 40l. and 2l. 10s., and I hate expended 30l. out of it—I hare paid the man in possession 2l., and the other man in possession 2l. 9s., and other sums, making 30l.—I applied for a summons for an assault—I did not get it, the case was not heard; the Magistrate said, however colourable a title they might set up, he had no jurisdiction, he would not hear the assault, our remedy was elsewhere—Mr. Sleigh, on my behalf, applied for a summons for conspiracy; he did not get it—there has been no investigation of this charge of conspiracy before a Magistrate—I was here last Session—Mr. Chipperfield is my attorney, he is the person to whom I gave instructions—I did not give my instructions direct to him, but to Mr. Darville, who is managing the case for him—I know Mr. Chipperfield; I told him I was going to indict these people, but I had lost enough by them, and I was so thoroughly acquainted with the case we could get it up ourselves—I was present here last Session—I do not think I was present when the application for postponement was made, perhaps I was in the lobby—I have not preferred another bill since last Session—Mr. Chipperfield has preferred another bill against Hart, without going before the Magistrate—I am not the prosecutor, I have had nothing to do with it; I swear that—I have received no money—I swear that I have received no money from Elam—I am not to receive any—I swear that there is no engagement by Elam to pay me money, and that I have not received any, not on my own account—I have received some—it was not telling a falsehood when I said I had not, I did not understand the question—if I swore that I had not received any from Elam, or on own account, that was not true—they handed me 5l. towards the expenses of the prosecution, Elam did—I think that was after the bill was found—I understood that Elam had been defrauded by these people, or by Hart in particular—Elam did not assist me, he gave the 5l. I for the expenses of his prosecution—it was not on my account at all—it was not to go into my pocket—it has been expended, Mr. Elam knows of it—Mr. Chipperfield did not share the case, he knew of it, and of the 5l. paid to me—Dickens is one of my witnesses, he is clerk to me, at the office—he manages the business generally, the loan business and the house agency—I do some house agency, compositions with creditors, and so on, and he is my clerk—he is not clerk to the Board, or society, but to me—I suppose he blows the society—Mr. Darville is clerk to R. S. Hadwen, an attorney—Darville has been conducting this prosecution, he has been superintending it for me in Mr. Chipperfield's name—Mr. Chipperfield is perfectly aware of all these things—I shall, doubtless, have to pay Mr. Chipperfield; you can have nothing to do with law without paying for it—Isaac Dickens is a brother of the other Dickens—he has nothing whatever to do with my office—Joshua Harvey is another witness—he is an engineer, I believe, and there is one of the jurymen present, to prove the issue, subpœnaed in my behalf—I and Darville have got up this evidence together—he and I have examined Dickens together—we have not made him repeat his evidence, I swear that—he has certainly not repeated his evidence before me, or told me what he was going to say; he has never done so.
COURT. Q. I thought you said that you and Darville had examined him together? A. I understood Mr. Ballantine to say since—his evidence has been read over repeatedly.
MR. BALLANTIEL Q. What do you mean to say now? A. I mean to say that I have not spoken to the witnesses about their evidence; never—I might examine them at the time; I did not—their evidence has been taken down—I do not know that I was present—I have never bothered about the
evidence—I have never from that day to this thought about the evidence—they could only prove what they saw, and corroborate me—Darville and I did not examine Dickens—I have never examined anybody—I do not know why I said I did—I have never gone through their evidence with them—I and Darville did not examine Dickens, nor did Darville in my presence—I have never bothered about it—I, and Darville, and Dickens nave never been together talking about the evidence—I swear that—we never talked about the evidence—I swear that I and Darville have not been present together when Dickens has gone through his evidence—I have never put questions and got answers from him, and pointed out how he was to give his evidence—I swear that—I have never told Dickens the way in which he was to answer, or what he was to answer, nor has Darville in my presence—there is no ground for it at all—I have said to Dickens that I I should have to undergo cross-examination—I said that because I thought I should—I did not tell Dickens that he would—I swear that—I did not tell Dickens how I should manage, or how I meant to deal with it—I did not say to him, "Mind, and be quite quiet, and don't get out of temper;" nothing of the kind—I did not tell him I meant not to get out of temper—I always do get out of temper—I do not know that I am out of temper now—I am very much pained by the loss of this money—I did not tell Dickens anything about how I should go through my cross-examination—I said I understood you were engaged in the case, and I thought you were a very talented man—I said I should be Cross-examined by that able gentleman, Mr. Ballantine—I did not say I would do you, or that I should be too much for you—no man in his senses would say that—I did not tell Dickens to be very cautious; nothing of the kind—I never had any conversation or arrangement with Dickens about the cross-examination, or the way in which we were to manage it, nor did Darville in my presence—I have not talked about it—I have said no doubt I should be cross-examined, but nothing beyond that—I swear that—the first bill of sale was for 60l., on No. 65, Norton-street—that was not the assignment of a bill of sale—it was a bill of sale—it is the property in No. 60 that Dowsett claims—I have the cheques showing all the advances I made—except those that were made in cash, the amount altogether is 214l. or 215l.—perhaps about 100l. was advanced by cheques—I have not vouchers to show for the other amounts—sometimes it was wanted in a hurry—I always took notes of hand, or I O U's—I have documents to show for 212l. or 213l.—there was about 30l. for interest—that is all—I think that will cover it—I lent 80l. on the first 100l.—the amount altogether is 212l. or 213l., less about 30l. or 35l.—the last advance was much more in proportion—the bill was larger—here are the bills (producing some papers)—I will tell you each item if you wish it—they are the notes of hand that they gave me for the money—I think my cheques were not crossed—there were no renewals of the bills—the gross amount of interest is 30l. or 35l. upon the whole 213l.
Cross-examined by MR. ROBINSON (for the Dowsetts and Hart). Q. These are bills of exchange, or promissory notes? A. Yes—here are two for 50l.—they represent the first 80l. that I advanced—here is one for 10l.—they amount altogether to 180l. or 190l.—I think I can show cheques for about 100l.—here is a cheque for 40l.; that is for the first 40l.; the next is for 20l.; then two for 10l.; making the other 40l. and a cheque for 17l., making 97l.; and there is another cheque book—the Guarantee Society are the landlords of the house—the bill was for 22l. and I charged 2l. interest; that is ten per cent, for three months—that would be forty per cent, per
annum—here is a bill for 50l., payable on demand—I should have got 20l. out of that for interest, but they never paid it, and I never got any—some of these are bills from other people—Start brought me all of these—I advanced the money upon each of these bills—I have not got a bill of Hale's—there was a bill of Male's given to me—that has been paid—it was for 20l. 10s. or 20l. 5s.—that was given to me after the issue; 3l. or 4l. only—I mean I advanced 3l. or 4 upon that bill—it was an understanding that, if I realized upon it, Sturt would have so much less to pay me—the bill was given to me in part payment—had it been paid I should have credited him with the whole amount—it was paid—that was after the issue—I have received in all about 40l. and expended again 30l. for them—Sturt did not pay me 5l. a week for the first two or three weeks, only 2l. 10s.—I have the book here which will show—(referring) this entry is in my writing—it is booked here 21l. 10s.—5l. might have been paid for two weeks—Sturt said that Miss Le Brice, who was to pay a certain amount per week for the house and furniture, had ceased to do so, and therefore he could not pay so fast, and he requested that I would allow him to pay 2l. 10s. a week instead of 5l.—I did not tell him I would agree to that for 10l.; I swear that—assented to reducing the payment to 2l. 10s. per week without any consideration, because when the first advance was made I calculated that if he paid it in a twelvemonth, it would do very well; whereas his proposal was in six months—it is never paid so fast as people say—there is 22l. 10s. in the book as paid—he did not pay seven instalments of 2l. 10s. each—the whole of the money that has been paid has been credited here, with the exception of the 2l. 10s. which I paid to the man who had been in possession fourteen days—these bills have only been paid lately—the last 40l. is not entered here, of which I expended again 30l.—I have only received 32l. 10s.—I only got 10l. out of the 40l.—I received a bill for 25l. of a person named Spence; it is here—that has not been paid, not one farthing of it by any one—it was in my possession shortly after the date of it, since May, 1855—I have tried to find out the address of Mr. Spence; I find he has gone from the Minories—they had got a great many bills from him—this bill was left with me, and I would not cash it—Mr. Sturt said that he always had something pressing, and if 20l. was paid he would credit me more—that was 20l. given to make up part of the 210l. that I have been speaking of—there was a bill of Sill's for 20l., not one farthing of which has been paid—I have got it here—I sued Hale on the bill we have spoken of at Start's request—Mr. Simpson was the attorney—I know Mr. Howe, and know that he was imprisoned eighteen months for fraud; be was, I believe, Simpson's clerk—I have never been intimate with him—I have been with him lately several times—I have seen him outside the court, and have been in his company—I have drunk with him—he came out of prison two months ago, perhaps—I have consulted with him in this case; he said that he knew the lot, and could assist us—I am obliged to get information of such people in the circle in which they move—he has been to my office perhaps a dozen times—I saw yesterday, and he told me that he was assisting them—I said, "That coincides with your character, no doubt"—on my oath, I do not know whether my witnesses have been examined in the presence of Howe—Howe has been present when the witnesses were examined.
Q. What made you tell me just now that you did not know? A. you put the question, "Had I been present?—Dickens was my clerk, and was always there, and Howe has come in and out—I have been in the house
three or four times when Howe was there, and the witnesses were examined, but the witnesses have never been examined in my presence—examining a witness is asking him a question; if you mean that, I say no—I have not heard the witnesses give their evidence to my clerk in Howe's presence—I have been present, but not when the examination was going on—Howe proffered advice, he said that he knew Cruse, and to complete his character he has turned round as he did yesterday—I should say that the witnesses have made a statement in Howe's presence—at the time I was associating with Howe and drinking with him, I knew that he had come out of prison within the last two months; but I was not associating with him—I did not know the charge against him, and did not inquire; it did not interest me—I mean to swear that—I heard that he was charged with fraud, and convicted—Mr. Simpson had been my attorney twelve months—there was a horse and a cab that I had from Sturt, I sold it for 20l. or 21l.—there was not a whip that I took with the cab—there was a whip which I gave, I think, a guinea for, which I got from Sturt—I did not ay when I advanced the money, in the first instance, that I would not trouble him for it till it was convenient to pay it; after the trial, I said that I should not press him for the money—the trial was in Nov.—the execution was levied in Aug., but it was not tried till Nov.—I did state on the trial about having a bill of sale on No. 60, and all the bills of sale were produced—there was the bill of sale for 50l., the assignment, Miss Le Brice's bill of sale upon it, and another, but not being stamped that could not be produced in evidence—I said that 2l. 10s. had been paid off—I swore that the bill of sale was given for monies I had advanced, and I stated the amount of interest which I had taken, in open Court, every item, and I stated it truly—I went on 24th Dec. simply to inquire whether the rent had been paid from Michaelmas, I merely wanted to see the receipt—I took four or five people with me; there was Henry Darville, John Hardy, myself, and a man that I had—I said that we might have to move some goods, and would he assist us—they did not all go in with me—had the receipt been fair I should not have attempted to move the things—I went to Mr. Bingham, but he did not hear the case—I went that night to the house, got in, and remained a quarter of an hour, or ten minutes—I took eight or ten persons, not friends of mine, but fellows that I hired for the purpose—there was no fighting, they were not fighting men—I hired them at Wilson's, in the Strand, the Spotted Dog; I said that we were going to move some furniture, and possibly there might be some little bother; that I wanted to get it if I could, and I made a particular request that not a blow should be struck—I thought blows might be struck, on account of the violence which we met with on the 24th—I did not think that the men I got at the Spotted Dog would be likely to strike—I paid them about 3l. altogether—I was not in the house, because Tom Dowsett charged me with felony—some one knocked at the door, and they rushed in; they stopped in till the following morning—there was no violence, but Hart stood at the door with a crowbar in his hand, and said, "If you come in, I will break your b—skull"—the other men had nothing in their hands, to my knowledge, when they went to the house, and I should say that they would not, without my knowledge—before we went, we went to the station to get a constable to see that no breach of the peace was committed—I told the inspector what I meant to do—I did not say that I had ten men there—I said that we were going to move goods, and he said that we must speak to the sergeant on the beat—there was a distress put in by the landlord, believe—it was on 2nd Jan.—there was also a
distress put in in the middle of Nov.—(the landlord is the Rent Guarantee Society)—I do not know whether the distress put in in Nov. went out again—I went with Mrs. Sturt to the Guarantee Society to ask them to give time, for her husband could not pay it, and they declined; I went two or three times, and saw the secretary, Mr. Pearce, once or twice, and then half the money was offered—on my oath, that was not the reason given to me by them why they would not allow me to take the goods; the reason was that Tom Dowsett said that they were always his, and never had been Start's.
Q. On your oath, did not Bowsett show you A receipt which had been paid for rent? A. He showed something—he showed me a paper, and told me that it was the receipt for the money which had been paid to the landlord—I said ten minutes ago that Mrs. Sturt said that she had paid it, and Sturt had got the receipt—they said at the time that the goods and some portion of the furniture had been condemned.
MR. PARRY. Q. About this property, did you go in consequence of information on 24th Dec., and afterwards, to get possession of the goods if you could? A. Yes—I took the persons with me to assist me, because I was told that a fictitious claim would be set up—the 2l. 10l. was paid off since the bill of sale was given—the warrant of attorney was for 212l. or 213l.—I had to pay 30l. of the sum of 40l.—to the possession man I paid 213l. and five guineas to Mr. Sloman, and 7l. to the Rent Guarantee Society—Mr. Howe told me that he had gone over to the other side, and that he had got 50l. for it—I said, "That coincides with your character I suppose"—it was for the purpose of giving me information about these people that Howe was at my place—that was after my legal claim to these goods had been resisted—it was for the purpose of obtaining information for this prosecution and no other—I had known" Mr. Chipperfield twelve months before this matter—there had been some transactions between us—another indictment has not been preferred by me since last Session—one was peferred against Hart and Cruse last Session—the prosecutor in that case is Elam, a cocoa nut manufacturer, of Marylebone-lane—Cruse is the man whom I meant when I said, "The notorious swindler!"—I communicated with Mr. Elam in consequence of hearing that he had lost through Hart 130l. or 140l.—he gave the money to me on account, and I gave it to Mr. Chipperfield—Sturt borrowed 3l. or 4l. of me on this very day, which he has never paid me.
WILLIAM DICKENS . I live at No. 17, Green-walk, Holland-street, Blackfriars-road. I am clerk to Mr. Spokes, and have been for two years and a half—I know the defendants as living at or frequenting Nos. 60 and 65, Norton-street—I am aware that Mr. Spokes has advanced money to Sturt from time to time—I have been present at times when money has been advanced—I was present when the first 40l. was advanced, about the end of May last—this is Sturs signature to the endorsement to this assignment of the bill of sale of the furniture of No. 60 to Mr. Spokes—I witnessed it—at that time Mr. Spokes had advanced 40l.—Charles Dowsett and Sturt have been at Mr. Spoke office—they came about the discounting of a bill of exchange for 21l.—in consequence of that I made inquiries at No. 5, Macclesfield-street, soho—Charles Dowsett said he lived there—after that Mr. Spokes advanced 17l. to Charles Dowsett—I remember Sturt calling about a horse—Mr. Spokes advanced 9l. to Sturt for the purchase of that horse—I recollect the bill of sale being given to secure 191l. 1s. 6d.—this is it (looking at it)—this is Sturt's signature—I
witnessed it—191l. 1s. 5d. was advanced by Mr. Spokes to Sturt on the furniture at No. 60, Norton-street—during the time these moneys were being advanced I saw Mrs. Sturt several times, and the other defendants also—I have frequently heard Sturt say that the furniture at No. 60, Norton-street was his own—I have heard him say that to Mr. Spokes and to myself—I have beard Mrs. Sturt speak of the furniture, and the Dowsetts—I have not heard Hart speak about it directly—I have heard Thomas Dowsett speak of the property as belonging to Sturt—what I heard Hart say was more particularly at the Court at Westminster—I was present at that trial—Hart said to me that everybody knew that the furniture was Start's, and that he had had the money from Mr. Spokes—Hart was subpœnaed there by Mr. Spokes as a witness—he was not called—I did not hear him say anything about the property after that, no more than when Mr. Spokes went to claim the furniture, or to see that the rent was paid for the house—I have seen him times and often—he has been backwards and forwards at the office—until Mr. Spokes went to take possession of the furniture at No. 60, Norton-street, under this bill of sale, I never heard one of the defendants say that the property was anybody's but Sturt's—Thomas Dowsett never claimed it until then, nor Charles Dowsett, nor any of the others—I filed and registered these bills of sale—I gave notice to the sheriff—before the execution of the last bill of sale I called at Sturt's, and saw him and Mrs. Sturt—I have seen them all in the house together—I called a considerable number of times for the money, I cannot tell how often—(The indorsement to the assignment was here read; it was dated 14th May, 1855, and acknowledged the receipt of 100l.)—I think the 17l. bill was payable to Sturt—(looking at it) yes, it is—the money was given to Sturt, but Charles Dowett came with him about the bill—it was Charles Dowsett's bill—this bill for 18l., dated July, 1850, is also payable to Sturt, and has his endorsement—I went when the claim was made, with my brother, a lad in the office, and Mr. Spokes—a person named Hardy did not go with us, he was there—we found all the defendants there except Sturt—Mr. Spokes said he came to move the furniture—Thomas Dowsett said the furniture was his, and it never was Sturt's, and if he had been a b—fool he must put up with the consequences—that was the first time I heard him make the claim—Hart and Charles Dowsett were there—I believe Mrs. Sturt was in the house—I did not hear Mr. Spokes apply for the receipt for the Christmas rent—we did not succeed in getting the furniture—I remember Thomas Dowsett being in possession for Mr. Spokes—I put him in possession on 25th Sept., 1805—that was before the action—Sturt came to the office with Mrs. Sturt, and in the presence of Mr. Spokes and myself said it was very expensive, having the man in possession under the fi. fa., and he wished Mr. Spokes to withdraw him, and put his brother-in-law, Thomas Dowsett, in possession under the bill of sale that day—Mr. Spokes said he would come up in the after part of the day, and he did—he agreed to it—I went with him—I made a copy of the bill of sale of 28th July, and gave it to Thomas Dowsett, and I went into the house with him, with the bill of sale in his possession—that is what I call putting him in possession, and the man that was in possession went away—Thomas Dowsett said he should take care that nothing was ever moved—he continued in possession on behalf of Mr. Spokes down to 24th Dec.—the other defendants on that occasion assisted in preventing our taking the furniture—Sturt was not present then.
Cross-examined by MR. BALLANTINE. Q. You are clerk to whom do you
say? A. To Mr. Spokes—he keep the loan and discount office; he resides there—I do not know what he is: he is a man—I do not think he carries on any profession—lie keeps a loan and discount office—that is his business—I do not know of any other; he has done little matters of agency—I am clerk in the office, the loan office—he does not keep any servants—no persons come there besides himself—nobody manages the loan and discount business but himself and myself—there are no directors, nor any board—I do not know that there is a company—I never saw or heard of any company, but Mr. Spokes—I have been there on and off two years and and a half—I have been there about twelve months a clerk—I did act as clerk to Mr. Simpson, he used to ask me to do things for him, which I did—I do not know whether he was the gentleman who was master to Mr. Howe—I believe he is—Howe is not much of a friend of mine, he is not a slight acquaintance—I have seen him and drunk with him—Mr. Spokes and I have not settled the evidence that I was to give in this matter, we have never talked about it—I am quite sure about that—I do not remember his telling me that he was to be Cross-examined by you—I will swear he did not—I do swear it positively—such a thing could not have occurred, and I have forgotten it—I have assisted in getting up the evidence in this case; Mr. Spokes has done his part, Mr. Howe has assisted—I am not aware that Moe Jacobs has assisted, or Sol Jacobs—Sol Jacobs does not know anything about it, I believe—Howe and Spokes have been in the office together—I have written some of the evidence, my own evidence—Howe and Spokes and myself have not been together taking my evidence, Howe and myself have; and I have been writing it—Howe has not dictated it—he was not doing anything, he was in the office sitting in a chair reading the newspaper—I did not consider he had anything to do with my evidence—he did not interfere at all with mine, he might nave, asked me questions—not about the case, I swear that—he came there for Mr. Spokes—I had heard that he had eighteen months' imprisonment just before—I do not know that it was for subornation of perjury, I never inquired.
Cross-examined by MR. ROBINSON. Q. Was it on 24th Dec. that Thomas Dowsett said this furniture was his property? A. Yes—I have not had any conversation to-day with any of the witnesses; I swear that—nothing more than was the case come on, nothing about the case—I have not spoken to Mr. Spokes—I have spoken to him to-day—I have seen an attorney in this case—Mr. Chipperfield is the attorney—he was here, I do not see him here now—a person of the name of Miller is acting for him in this matter—I have spoken to Miller to-day, not since the morning, only when he came out of Court; he said "You will be wanted in five minutes," that was all the conversation that took place between us—I swear that; not one word relative to this case—he asked me if I was going to have some dinner—I said, "No"—I did not go with him—the conversation did not last a minute—I swear that I have had no conversation with any person with regard to what has been going on in this case within the last two hours—I do not think Howe has written anything in this case, not anything of mine—I cannot say that he did with Mr. Spokes, I was not there—I swear that to my knowledge he has not written papers and documents with reference to this case.
MR. PARRY. Q. I am afraid Mr. Howe has deserted you? A. I believe he has—I have heard that he has gone over to the enemy, where he could get more money—he got rather too much from Mr. Spokes—I am not aware that Howe was acquainted with the defendants—he did not give information
about them to me, or to Mr. Spokes, to my knowledge, with reference to this prosecution—Mr. Spokes and myself have been employed in getting information in reference to this prosecution—Mr. Spokes had lost enough money, and thought he would not waste any more upon it, we could do it best ourselves.
THOMAS HENRY DEVILLE . I am clerk to Mr. Hadwen, an attorney, I was engaged in the case of Spokes against Margetson—I prepared the whole of the proofs, and examined the witnesses before the trial—I saw Hart at Westminster Hall, and repeated his evidence to him, which I had written down—examined him in my capacity as attorney's clerk—I had been told that he could prove certain circumstances, and I drew according to that a proof—I was introduced to Mr. Hart at Westminster Hall, read over the proof to him, and asked him if he could swear to that effect, and he said, "Yes, most decidedly" I believe that proof is amongst the papers—on 24th Dec. I went to No. 60, Upper Norton-street—I met Mr. Spokes there—after he had been there some time, he called Mrs. Sturt into the back parlour and asked her if she had paid the last quarter's rent—she said, "I have"—Mr. Spokes said, "I have been given to understand that you have not paid it, that some other person has"—she said, "Who?"—he replied, "Your brother, Thomas Dowsett, I have been informed"—she said, "It is no such thing, he could not have done so, for he has no money; I tell you I have paid it myself with my own money"—Mr. Spokes then asked her to produce the receipt—she said, "I have it; I think it is in my purse down stairs"—she then called, I think it was Mr. Sturt's mother, and asked her if she could find her purse; she did not succeed in finding it—she said, "Oh! Sturt has got it; he has gone over to your house with it"—Mr. Spokes then said, "I don't believe it;" and he went out into the front room—after some few minutes he directed me to fetch a van to remove the furniture—previous to that Mr. Spokes asked if Thomas Dowsett was in the house, and whether he had got the copy bill of sale he had given to him—Mrs. Sturt said, "No, he is not in, but whenever he goes out, he leaves the copy hill of sale with me," and she went to a drawer and produced it—I then, by the direction of Mr. Spokes, fetched a van to remove the goods, and directly I came back, I saw Thomas Dowsett there, who set up a claim to the whole of the goods, as landlord—he was there with his brother Charles, and Hart—Thomas Dowsett said he was the landlord of the house, and the whole of the goods were his, and he then produced a receipt which purported to be for a quarter's rent—he said he took the house from a person of the name of Cruse—Mr. Spokes said, "Do you claim the whole of them, or is it the portion that has been seized that you have purchased?—he said, "I claim the whole"—Mr. Spokes produced his bill of sale, and claimed the whole of the furniture, and said he should take them away, but Hart prevented him doing it—I remember Thomas Dowsett saying, I think, at another part of the evening, "If Sturt has been a b——rogue to you I cannot help it; he must suffer for it; the goods were always mine, and were never Start's"—Hart and Charles Dowsett were present when he said that—I do not remember their saying anything at that time—in the course of the evening they said the property was Thomas Dowsets—they both said so at various times in the course of the evening—we were there till very near 11 o'clock—they said it was not Sturt's property, and that it was Thomas Dowsets—I remember distinctly Hart saying, in the presence of Charles and Thomas Dowsett, "We have done the b——old fool, Spokes, out of his money"—that was not in Spokes's presence—the Dowsett made a kind of chuckle;
or laugh, at the idea—Hart afterwards said to Mr. Spokes, "Whenever I begin a matter, you know, Spokes, I never leave it till I finish it"—we were prevented from taking away the furniture by all of them except Sturt, who was not present—I was hurt in the endeavour by Thomas Dowsett, and had my coat torn—on 1st Jan., I made another attempt to take away the furniture; I could not get into the house then—I saw the defendants outside the door—they again prevented me from taking away the furniture—and again, on 2nd Jan.—it continued all night—I did not see Start either time—I saw Mrs. Sturt—Hart said, "If you dare come here, I will break your b——head open"—that was on the night of 1st Jan.
Cross-examined by MR. BALLANTINE. Q. Who were the people present when Hart said, "We have done that b——old fool, Sturt, out of hie money"? A. Charles Dowsett—I swear distinctly that he used those words—the Dowsetts seemed quite to enjoy it—I did not have tea with them afterwards—it was previous to our asking Mrs. Sturt whether she had paid the rent—I did not have tea afterwards, or anything—I think Spokes was up stairs at the time—he is an auctioneer and house agent, I believe—I have never acted as his clerk—I do not know anything of his loan avocations—I have never seen any of the directors—I am clerk to Mr. Hadwen—knowing this case perfectly well, to save Mr. Spokes' expense, I consented to assist Mr. Chipperfield.
Q. Then, although Mr. Chipperfield's name appears, you are the real attorney? A. No—I volunteered my assistance—I am a paid clerk to Mr. Had wen—I am paid for my trouble—I am paid for what I do, not for what I can hunt up and bring to the office—what I introduce I am paid for—we do not share the office between us—I am paid according to my trouble—we do not share a client between us—I do not get the better halt but according to my trouble.
Cross-examined by MR. ROBINSON. Q. Did you have tea at all on 24th Dec.? A. I had tea previous to Mrs. Sturt being asked if she had paid the rent—that was, as near as I can recollect, about 5 o'clock—Mr. Spokes, myself, and a son of Mr. Spokes, were taking tea—I think the son of Mr. Spokes was there the whole time—he was out with his father in the gig—there was also a person who, I think, Mrs. Sturt said was her sister—there was nobody else on our behalf at that time, there was afterwards, as we expected that we should have to remove the goods—the tea things were brought in immediately I entered the room, and I had some tea—I had never been there before—I have known Mr. Howe a short time, since the beginning of this year—he has given information to Mr. Spokes respecting the character of these persons, and he gave the same information to the defendants' solicitor; so he told me—we have been together a few times for the last few months, and dined together once—I may have drunk a glass of ale with him—we have not been at public houses together—I have seen him over the way at a public house, Mr. Gooch's—I have been there with him—last Session he was here about the Court, and I went over there, and he was there—I was in and out, sometimes, two or three minutes at a time—I was conversing with him, asking him for information about these parties—I cannot say since that date Ihave been asking him for information—I have been with him at Mr. Spokes's house, I should think, five or six times—he told me distinctly that he could not get enough money from Mr. Spokes, and therefore the other party had given him 50l.; that he had gone to the other side, and they had paid him very liberally indeed—he told me that yesterday—he said that he had found some parties now who would pay him.
EDWARD STEPHENS (policeman A ). On 24th Dec. I was called to No. 60, Norton-street — I heard Thomas Dowsett say, in Hart's, Charles Dowsett's, and Mrs. Sturt's presence, that the furniture belonged to him — some person locked the door.
JOHN HISLOP . I am a licensed victualler, of Lisson-grove. I was one of the jurymen on the trial of an interpleader issue, Spokes v. Margetson — I heard Sturt sworn, and give his evidence — I cannot tell you what he said in reference to the house, No. 60, Upper Norton-street, because I cannot recollect it, it is so long ago — I think I heard him say who was the occupier or landlord of it, but I cannot say now.
COURT. Q . You had to try whose property it was? A . Yes, but I cannot recollect what he said.
MR. PARRY. Q . Do you recollect anything about a bill of sale? A. Yes — I think Sturt is the man whom Mr. Spokes lent the money to — I am sure I cannot tell you what he said - he signed the bill of sale for Mr. Spokes — I do not remember anything that he said, or the substance of it — I remember that there was an execution of Margetson's — the bill of sale was from Mr. Sturt — I cannot say that I remember Sturt saying anything about the furniture or the house — I can recollect the man saying tha the gave Mr. Spokes a bill of sale for the furniture.
COURT. Q . Did he say whom the furniture belonged to? A . He said that it was furniture belonging to him, and he gave the bill of sale to Mr. Spokes for the money advanced.
Cross-examined by MR. BALLANTINE. Q. What was the issue upon which you gave your verdict? A . Well, we gave the verdict, that we thought Mr. Spokes had a right to the furniture — I had not known Mr. Spokes before — I have not received one penny from any of them, or any paper; no expenses or promise of expenses, and no IOU.
MR. SPOKES re-examined. These two affidavits (produced) are in Sturt's writing — (The first of these was by John Sturt, and was to the effect that the bill of sale remained still unsatisfied; the second was a similar affidavit, but in the case of Lawrence Levy v. Sturt.) NOT GUILTY.
NEW COURT.—Tuesday, March 4th, 1856.
PRESENT—Mr. Ald. HUNTER; Mr. Ald. LAWRENCE; and Mr. COMMON
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY . Aged 42.— Confined Nine Months.
PLEADED GUILTY . Aged 35.— Confined Nine Months.
PLEADED GUILTY . Aged 17.— Confined Six Months.
PLEADED GUILTY . Aged 25.— confined Nine Months.
PLEADED GUILTY . Aged 26.— Confined Twelve Months.
PLEADED GUILTY , Aged 15.— Confined Six Months.
WELCH PLEADED GUILTY . Aged 20.
DEVINE PLEADED GUILTY . Aged 32.
confined Nine Months.
PLEADED GUILTY . Aged 32.— Confined Nine Months.
PLEADED GUILTY . Aged 55.— Confined Twelve Months.
WILLIAM HARRIS PLEADED GUILTY . Aged 30.— Four Years Penal Servitude.
(MR. ELLIS offered no evidence against Caroline Harris.)
CAROLINE HARRIS— NOT GUILTY .
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JOHN CROSLEY (policeman, E 221). I produce a copy of the record of a conviction at this Court—(Read: Central Criminal Court, April, 1853—Ellen Kay and John Hudson, convicted of unlawfully uttering counterfeit coin—Confined six months)—I attended the trial—the prisoner is the man who was convicted.
GEORGE GRIGGS . I am waiter at an eating house in Brick-lane. On 5th Feb. the prisoner came, between 4 and 5 o'clock in the afternoon, for a basin of soup—the price was 2d.—he gave me a shilling—I tried it with my mouth, and found it was bad—I bent it, gave it him back, and told him it was bad—he gave me another—I tried that in the same way, found that was bad, and called in a constable—I kept that shilling—when the constable came in, the prisoner chucked something over his shoulder, which fell with a sound like money—I saw the constable pick up a bad shilling, in the same direction—I knew it to be the one that he gave me first, by the way it was bent—the constable kept that, and I gave him the second shilling.
WILLIAM WARD (policeman, H 48). I was called, and saw the prisoner throw something over his shoulder, which sounded like money—I looked in the place, and found this bad shilling, which is bent—it was shown to the last witness—he identified it, and gave me this other shilling—the prisoner said that he had been to the Bell, in Brick-lane, and they gave him bad money, and he gave them a good crown piece—I searched him, and found on him one sixpence, and 3d. in copper—I took him to the Bell and
stated that he said he had changed a crown piece there—they said he had, but they had given him good money—the crown was good.
Prisoner's Defence. I got 6s. for a parcel of old shoes; I met a man who I owed me 8s.; I spent a shilling in treating him, and he said, "Lend me a I shilling, I will pay you all on Saturday night;" I changed the crown piece, and lent him a shilling; I then went to get a basin of soup; they said it I was a bad shilling; I slapped it down on the floor; I gave another, they I said that was bad; I went next door for a half quartern loaf; I came I in, and sat down, and the officer came in, and found the shilling; I said to I him, "Will you come with me to the public house?" he said, "Yes;" I went and said to the landlady, "You gave me two bad shillings;" she said, "I did not;" the officer said, "Let me see the crown piece," and she gave it him to look at.
NOT GUILTY .
( There was another indictment against the prisoner, on which no evidence was offered. )
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ELIZABETH CLAPTON . I am barmaid at the Star and Garter, in Westminster. On 22nd Feb., about 8 o'clock in the evening, the prisoner came, and asked for 2d. worth of rum—I served him—he gave me a shilling—I examined it, and bent it—I told him it was bad—he gave me another, and that was bad—I told him I would send for a policeman—he drank his rum, and ran away—I followed him, and called, "Stop thief!"—he was taken by a policeman—he pulled some more money out of his pocket before he ran away—I saw one shilling among the coppers.
Prisoner. I gave her two shillings; she said they were bad; I then gave her another one. Witness. No, he did not give me another—he pulled one out, but he did not offer it me—he ran away—I gave the shilling up at the station.
THOMAS FARNDON (policeman, A 522). I heard a cry of "Stop thief!" and saw the prisoner running on the opposite side of the way—I stopped him, and the last witness came up, and charged him—I took him to the station—he was searched, and a half crown, a sixpence, and 2 1/2 d. were found on him—I saw the last witness mark two shillings, and give them to the sergeant.
FREDERICK TURNER (police sergeant, A 34). I was at the station when the prisoner was brought in—the witness Clapton brought these two shillings, which I told her to mark—I gave them to the other officer—there was a half crown, two sixpences, and 2 1/2 d. found on the prisoner.
Prisoner. The next morning I found two shillings in my waistcoat pocket; I was very nearly tipsy. Witness. He was searched very minutely—he was quite sober.
Prisoners Defence. I have been thirty-two years in London, and worked
at this very place; I worked for Mr. Harrison seventeen years; some respectable persons will give me a character; this public house is next door to the station; had I known the money was bad, I should not have gone there.
(The prisoner received a good character.)
GUILTY. Aged 50.—Recommended to mercy by the Jury. — Confined Three Months.
MESSRS. ELLIS and CLERK conducted the Prosecution.
SARAH GUNN . I am servant at a coffee shop in Holborn. On 2nd Feb. the prisoner came, between 4 and 5 o'clock in the afternoon, for a cup of tea and a slice of bread and butter—it came to 2d.—she gave me a shilling, and I gave her 10d. change—I put the shilling into the wooden bowl in the till—there was no other money in it—soon afterwards I looked at the bowl, there was no money in it but the shilling—I examined it; it was bad—I put it on the mantel piece—it remained were till 20th Feb., when the prisoner came, about 9 o'clock in the evening, for a cup of tea and a slice of bread and batter—it came to 2d.—she gave me a half crown—when she came in I recollected having seen her before—I looked at the half crown, it was bad, and I sent for a constable and gave her into custody, with the half crown and the shilling which I took from the mantel piece—I charged the prisoner with having passed a bad shilling before and a bad half crown then—she said she did not know that she had pasted a bad shilling.
GEORGE STKDMAN (policeman, F 158). I was called, and took the prisoner—I received this half crown and shilling from the last witness—the prisoner said she did not know the half crown was bad, and she had taken it down Holborn—she said at the station that she took it in Oxford-street—I found on her two shillings and some copper, all good.
Prisoner. I was not in the house on 2nd Feb.; I did not know the half crown was bad.
GUILTY . Aged 52.— Confined Nine Months.
MESSRS. ELLIS and CLERK conducted the Prosecution.
HENRY TINE . I am assistant to a tobacconist, in Oxford-street. On 13th Feb. a small child came for half an ounce of tobacco—she gave me a bad sixpence—on the following evening the same child came again for the same article, and gave me another bad sixpence—I went round the counter and proceeded with the child to where she stated sfce resided, in Duke-street, Marylebone—on the way I met a constable, and we went to the station—from there we went to a house in Braying-ground passage—the prisoner came there, and the question was put to him, if the child was his own—he said, "Yes," and acknowledged having sent her with the sixpence for the tobacco—the constable told him it was bad, and searched him—I saw a packet taken from his pocket.
BERRY CABMAN (policeman, D 263). I saw the last witness on 14th Feb., between 6 and 7 o'clock in the evening—he had a chiled with him—we went to the station house, and then to Burying-ground-passage—on going into a house I heard some one down stairs—I called out "Galvin," twice, but there was no answer—I went down, and met the prisoner coming out of the cellar—I told him to come into the kitchen, which he did—I told
him that his daughter had said that she had been sent by her father for some tobacco, and that he had given her the sixpence—he said that it was his daughter, and he had sent her for the tobacco—I asked him what money he had about him—he gave me a good sixpence and some coppers—I asked him if that was all he had, he said, "Yes"—I searched him, and found in his waistcoat pocket five bad shillings and six sixpences, in two packages, and all enclosed in different papers between each coin, to keep them from chafing—I asked what he had been doing outside, he said, "Nothing"—I said that I should look in the cellar, and there I found four other shillings wrapped in paper, with a layer of paper between each—he said he had found the bad money in the dung hole—I found on him three half ounces of tobacco.
WILLIAM WEBSTER These are all bad—four of the shillings are from one mould, the others are from two or three moulds—the sixpences are all bad, three of them are of 1833, and are from one mould—two of them are dated 1844, and are from the same mould as the one uttered.
GUILTY . Aged 55.— Confined Eighteen Months.
DOYLE PLEADED GUILTY . Aged 58.— Confined Twelve Months.
MESSRS. ELLIS and CLERK conducted the Prosecution.
ANN BURNELL I am barmaid at the Fox and Crown. On 14th Feb. Bailey came and had a pint of porter—he gave me a bad shilling, I returned it, and told him it was bad—he said that it had been given him by a man who was to meet him, and went out.
DAVID BRICE (policeman, S 62). I received information, and followed the two prisoners, who were walking together, nearly half a mile—I got a brother officer, and we took them into custody—Bailey said, "I know what it is for; I never knew the shilling was bad."
Bailey. I know nothing of this other man; there was nothing found on me.
GEORGE HULL (policeman, S 168). I took Doyle—I found in his hand a single counterfeit shilling—he was resisting me—after I got the shilling he took a piece of paper from his pocket, and threw it down—it contained these four shillings.
Bailey. I was coming along the road, and saw the shilling; I took it to get a pint of beer; she said it was bad; I came out and threw it away; I do not know this man; I asked him the way to Colney-hatch, and we were walking together.
BAILEY— NOT GUILTY .
Before the Fourth Jury.
JONES PLEADED GUILTY .* Aged 31.— Confined Six Months.
the evening—she gave me a shilling—I found it was bad, and threw it in the fire—I believe Jones had drank the brandy, but I do not know, for while I was going to draw half a pint of porter she was gone—soon after Wilmore came in for half a pint of ale—he gave me a 2s. piece—I believed he was connected with Jones, and collared him, and kept him till an officer came—he took two or three pieces of money from his pocket, which were good, but I would not take them—I gave the officer the 2s. piece he had offered—when at the station, I saw Jones standing alone outside, and I gave her into custody.
WALTER HAYWOOD (policeman, K 466). On 25th Feb., about 8 o'clock in the evening, I saw the two prisoners talking together, about 100 yards from the public house—I watched them two or three minutes—they seemed to part, and I went on my beat—I did not see Wilmore again till I was called to take him into custody—I received this florin from the last witness—I afterwards received from sergeant Smith, 8s. 4d. taken from Wilmore, and 6s. 6d. from Smith—I found amongst the 6s. 6d. this bad shilling.
Wilmore. Q. Did you not say that you saw another man with this female, who had a pipe? A. No; that man was 100 yards from you—I did not state he was with this female—the female searcher gave me this bad shilling, which was amongst the female's money.
Wilmore. This is an aggravating charge brought against me out of spite, by Smith.
NOT GUILIY .
Before the Sixth Jury.
322. WILLIAM NORTON, JOHN KELLY, LOUISA NORTON , and THOMAS NORTON , feloniously breaking and entering the ware-house of John Baptiste Lanfranchi and others, and stealing 1 lb. of raw silk, value 30s., their property: to which
WILLIAM NORTON PLEADED GUILTY . Aged 15.— Confined Six Months.
MR. W. J. PAYNE conducted the Prosecution.
MARY SHAKESPEARE . I am the wife of Benjamin Shakespeare; I live at No. 3, Crown-court, Old Broad-street. I know No. 5, it is opposite me—I know Louisa Norton by sight, she lived at No. 5, and was housekeeper there—on the evening of Saturday, 26th Jan., I saw her in the passage, between 7 and 8 o'clock, and her two sons, Thomas and William, were standing on the window sill at No. 5; they had got their hands up feeling the glass—the window pushes down—Louisa Norton stood behind them with a broom in her hand—I went in, and had occasion to come out again—I heard a whispering and talking—I was alone in the house, and I thought I would look out again, and then William and Thomas Norton, and Kelly, were trying to get the window down again—I went in and again came out hearing a noise, and Kelly was there assisting William Norton in at the window
—they saw me, and drew him back again—Louisa Norton was standing on the ground—she said, "That will do"—I was cleaning the lower part of the house—I looked again, and saw Kelly put William Norton quite in at the window, and Louisa Norton stood by the side—and she and Kelly went into the house, and shut the door—that was the last I saw of them that night.
Cross-examined by MR. RIBTON. Q. Are you quite sure that Kelly was the man? A. I did not see him by daylight till I saw him at Guildhall—it was a man similarly dressed to him—he was in the habit of going there—I saw his figure and his dress—that is the only reason I have for saying that is the man; I had seen him so many times—I did not see his face by daylight—this was between 7 and 8 o'clock—I was about as far from him as I am from you—I did not see his face that night—I have seen him go in and out for three months—I am certain he is the same man.
Louisa Norton. Q. Did you not see me coming in with a basket on my arm while you were shaking the mats, and this boy Thomas came down to let me in? A. I never saw the basket—it was some time after beating the mats that I saw you.
Thomas Norton. Q. You swear that I was there at the time Kelly was there? A. Yes.
MR. W. J. PAYNE. Q. You know him and his brother? A. Yes—Kelly had a cap on that night—I saw him afterwards without a cap, and I had it put on.
ROBERT PACKMAN (City policeman, 133). On 2nd Feb. I went to No. 5, Crown-court; I found Louisa Norton there and her two sons—I took them into custody—I told Louisa Norton what I wanted her for—she denied the charge—I searched her sons—I found on William Norton two keys, a purse, and a book, and on Thomas Norton eight keys, one penny, a knife, a weight, a chisel, and a brass pin—I asked Louisa Norton for the key of the cellar—she said she had not got it—I opened the cellar door with one of the keys found on William Norton—I found in the cellar this carpet bag, containing this silk—here is 8 lbs. 5 1/2 ozs.—I found some shoes in the passage, and William Norton afterwards said they were his—by the side of the shoes I found this chisel—William Norton was at that time without any shoes—I went up stairs and found Kelly in the top apartment, the living room, occupied by Louisa Norton—I took him into custody, and took the prisonera to the station—Louisa Norton was in a cell separate from Kelly—after they had had their first examination they were placed in different cells, and my attention was called, and I went down to the cell door with Leonard, another constable, and heard Louisa Norton call, "Jack"—Kelly answered, "Yes"—she said, "That old woman has done it for us"—he said, "Yes"—she said, "Can't you get Moggy to swear that you were somewhere else at the time the old woman says she saw you there?"—Kelly said, "I don't know"—she said, "That would do it"—Kelly said, "Yes, that is the only thing I think that would drag me through it"—I was sufficiently acquainted with Kelly's voice to know that he was the person who answered.
Cross-examined. Q. How often had you heard him speak? A. Several times between the Saturday night and that Monday afternoon—I had not heard him speak before Saturday evening—I heard the prisoners speak several times to us, and to one another in the yard—I think I was about four yards from them when I heard this conversation—there was a great deal of talk going on amongst the prisoners—I think there were some talking
to themselves—I did not hear what they were Baying to themselves—they seemed to have some whispering in a low voice—it was the gaoler who called my attention to it—he heard some conversation before he called me—the three male prisoners were in the same cell—I think there is a distance of three or four yards between the cells—I heard the woman say Jack—I am sure of that—I heard them say something as I went down, and just as I got down she called, "Jack"—he said, "Yes"—she said at once, "That old woman has done it for us"—I heard the boys call "Mother," and they told her not to mind.
Louisa Norton. I said, "What a wicked thing it was for that old woman to say she saw you there, when you were up stairs having a cup of tea at the time;" those were the words I said.
Thomas Norton. Q. Did you see me coming out of the door? A. Yes, I believe you were coming out.
JOHN LEONARD (City policeman, 119). I was with the last witness on that Saturday—I went upstairs at the house and found Kelly there—I told him what I wanted him for—he did not make any answer—I took him to the station—they were taken on Monday before the Magistrate, at Guildhall, and after that they were placed in some cells—I was present with the last witness at some conversation—Louisa Norton called Jack, I believe three times, and Kelly answered her—she said, "It is the old woman has done it for us"—he said, "Yes"—she said, "Can't you get Moggy to come up to swear that you were somewhere else at the time the old woman said she saw you there?"—he said, "Yes, I can get her to come up; that would be the only thing that would drag me through it"—I had taken Kelly from Moor-lane station, and heard him speak several times.
Cross-examined. Q. You were, brought down by the gaoler? A. The last witness's attention was called to it, and I went down with him and heard this—I heard him give evidence before the Magistrate—I heard his account of the conversation, and after I heard that I gave mine—I said what I knew to be correct—what he heard I heard as well.
JOHN MAKE BULL (City policeman, 121). I was with the other officers when they took the prisoner—I told Louisa Norton the charge—she said, "I know nothing about it"—when the other officers went up stairs, she appeared to be fainting, and said, "I know it is wrong"—I opened the door, she again repeated, "I know it is wrong"—I went up stairs and found Mary Henwright, whom I took into custody—she was discharged.
Cross-examined. Q. What time was this? A. About half past 8 o'clock in the evening—I know that Kelly lived there as her husband, and he was in the habit of being called in the morning.
Louisa Norton. You said you came to take us for putting my child in at the window, and I said, "I know it is wrong; I never put my child in at the window."
JOHN LEONARD re-examined. Q. Did you ask Kelly anything? A. Yes, if Mrs. Norton was his wife—he said, "Yes"—I asked him where he was married—he said, "Some distance off"—and on the way to the station he contradicted that, and said he was only living with her.
WILLIAM SPRINGETT . I am gaoler at Guildhall police court—I recollect the prisoners being placed in cells, after being before the Magistrate—I heard the female call—she said, "Jack;" and Kelly answered her—he said, "Yes; what do you say?" I called the attention of the officers to it—they came down, I did not listen to the conversation afterwards.
Cross-examined. Q. All you heard was jack, and Kelly said, "Yes; what do you say?" A. Yes—I did not pay attention after that—the officers were coming down stairs—they did not hear the beginning of the conversation—I was going up, there are seventeen stairs—I went up and called them—I said, "Your prisoners are talking."
JOHN BAPTISTE LANFRANCHI . I am a silk merchant, at No. 5, Crown-court, Old Broad-street, in the parish of St. Peter-le-Poor—I have two partners—Louisa Norton was cleaning our offices for about six months, she lived up stairs in the top of the house—on Saturday, 26th Jan., I left my office, between 5 and 6 o'clock—there is a passage to the house, leading into the court—the entrance door to my counting house is in the passage, and the window is in the court—by that window I can see into the street—when I left on that Saturday night, I had secured the door leading to the passage—when I left all was safe—I returned about 9 o'clock on Monday morning—it was customary when I went into my counting house to fasten the lock back with a nail—there was a pin, and a chain, which I was using to keep the lock back, but the pin was gone before the 26th, as far as my recollection goes—in consequence of having lost the pin, I used a nail, and on that Monday morning I looked for the nail, and did not find it in its place—I then looked over my stock and boxes and discovered that I had lost a good deal of silk—my attention was drawn to one particular box, by the side of which I was keeping the nail—from that one box I missed about 1 lb. of silk; but we have about eighty boxes—this silk produced is of the same description as that we missed on the 28th—we did not occupy the cellar—we had the key of it about six months, because it was then a ware-house for us, but we had nothing to do with it on the night of the 26th Jan.—this silk is our property.
Cross-examined. Q. Who lives in the cellar? A. I do not know—I do not live in the house—it is not mine—I only have the counting house—it is a large room—I think the house has about two rooms on a floor—Louisa Norton had been employed about two years by my firm, but I declined her services—she lived at the top of the house—I saw that box safe on Saturday night from which I missed the silk—I was in the habit of looking inte my boxes, because I saw the silk was going away—that box contained about five or six pounds of silk—I think the house is inhabited in the day time by the landlord—I do not know whether he is in any business—I saw a good many persons coming in, and sometimes working men, but I never inquired about his business.
MR. W. J. PAYNE. Q. Have you seen Kelly there? A. I saw him on one night coming in, and going up stairs—I should say that was about two months before—here is a weight here which was in our warehouse.
Thmas Norton's Defence. I was not there on that night, as my brother, William, can prove; I was in Bishopsgate-street, having my tea; I found the pin in the passage, about three weeks before, under the mat.
(Kelly received a good character.)
KELLY— GUILTY. Aged 34.—Recommended to mercy by the Jury, on account of his character. — Confined Six Months.
LOUISA NORTON— GUILTY . Aged 33.— Confined Eighteen Months.
THOMAS NORTON— GUILTY . Aged 16.— Confined Six Months.
OLD COURT.—Wednesday, March 5th, 1856.
PRESENT—The Rt Hon. the LORD MAYOR; Lord Chief Justice JERVIS; Mr. Justice ERLE; Sir GEORGE CARROLL, Knt., Ald.; Sir FRANCIS GRAHAM MOON, Bart., Ald.; and Mr. Ald. CUBITT.
Before Lord Chief Justice Jervis and the Third Jury.
323. WILLIAM GRIFFITHS , feloniously wounding Alfred Mills on the head, and causing him a bodily injury dangerous to his life, with intent to murder him.—2nd COUNT, for wounding, with intent to murder.—3rd COUNT, with intent to do grievous bodily harm.
MESSRS. BODKIN and CLERK conducted the Prosecution.
ALFRED MILLS . I am a warder in Millbank prison; I was so in Jan. last. The prisoner was a convict, confined there as a prisoner—he was one of the penal class, undergoing hard labour—on the morning of 12th Jan. it was my duty to escort him, with some other prisoners, to the treadwheel, at half past 9 o'clock—there were fifteen prisoners going at that time—they marched in single file—the prisoner was in the rear, about the last man—I and other warders walked by the side of the file, as an escort to accompany the men—I was in the rear of the whole file—Underwood, the principal warder, followed us, to close the gates between the different wards—after we had marched about half a dozen paces, the prisoner turned round, and struck me a violent blow on the back part of the head—I could not see the instrument that he made use of—I saw it afterwards—it was an iron ring, attached to some hammock nettles—it cut my head very much, and caused the blood to flow, and rendered me almost insensible, so that I scarcely knew what I was doing—I remained standing upright—as soon as I came to my recollection, I saw him in contact with warder Beer—they were struggling with each other—at the time he struck me he was the last man of the file—I will not be positive whether he had changed his place or not, but he was the last man when we marched off—he was secured in the passage, with the assistance of some of the other prisoners—he was very violent—four other prisoners assisted in securing him—I had not spoken one word to him that morning, nor had he to me—in the previous week I had made two reports against him, once on the Monday, and once on the Thursday—on the Monday it was for making use of threatening language towards me, saying he would do something for me if I did not mind what I was doing—I was then in the act of searching him, which was my duty, as he was going to his cell—the second report, on the Thursday, was for making use of insubordinate language when working at the treadmill—he said he wished that he could break the treadmill, he would do the best he could towards it, and said that the governing directors were trying to punish the penal class prisoners as much as lay in their power, and that they might as well shut them up and clam them to death, as keep them in the way they were doing—he has been in Millbank about three months.
Prisoner. Q. Did not I ask to see the governor four times? A. You asked to see the governor, and your name was entered in the book—I did not abuse and assault you when you asked to see the governor—I did not assault and pull you about on 13th March, nor at any time.
MR. CLERK. Q. When he desired to see the governor, was his name put down in the ordinary course? A. His name was entered in the warder's report book.
EDWARD BEER . I am one of the warders in Millbank Prison. On 12th Jan. I accompanied the penal class, who were going to work at the treadmill—I was the third officer from the front, the prisoner was in the rear of me when he marched off—as we were going towards the treadmill, my attention was drawn to a noise in the rear—I turned round, and saw the prisoner striking violently at warder Mills with a hammock ring, attached to some hammock nettles—he held the rope part in his hand, and had a piece round his wrist—I did not see where he struck Mills, I saw him striking at him violently several times—I left the other fourteen prisoners, and rushed to Mills's assistance, and the prisoner immediately commenced an attack upon me—he struck at me several times, and once struck me on the left side of the head—I closed with him and threw him, and caught hold of the ring in my hand, and he held the rope—he kicked me several times across the thighs—I found that I could not succeed in taking the ring from him myself, and I called on the other prisoners to assist—this (produced) is a hammock ring, there are two to each hammock, one at each end, by which the hammock is suspended—I afterwards went to the prisoner's cell, and found a ring and cord missing from it.
Prisoner. This man took a knife out of his right hand trowsers pocket and stabbed me. Witness. I solemnly declare I had no knife, or any other sharp instrument in my possession at the time—it is false, nobody struck him with a knife.
ROBERT UNDERWOOD . I am principal warder at Millbank Prison, I recollect the penal class going to work on the morning of 12th Jan.—it was my duty to follow the file, and close and lock the doors—I saw the prisoner turn round and strike Mills a blow at the back part of his head—I was by at the time—I did not see Beer with any knife, I must have seen it if he had one—when the prisoner was secured, he said he intended to murder Mills—he has been nearly three months at Millbank—before that he had been in some other convict establishment.
GEORGE COOK ATTFIELD . I am surgeon of Millbank Prison. On 12th Jan. I saw Mills—he had two wounds on the back of the head, one was about an inch and a half long, and down to the bone—he was giddy and sick, faint and half stunned—I considered that the wounds endangered his life at the time.
Prisoner's Defence. I asked four times to see the governor, about the treatment, and the way the treadwheel was going, and when I spoke about it this man gave me abusive language, and assaulted me when he searched me; I was dreadfully used at Millbank; it is no use saying anything; I know I must undergo the penalty of punishment, but after this I shall have another trial, and I will have somebody to speak in my defence about the treatment I have received; if I am punished more than I have been, according to the treatment I have received, I mean to have another trial, for what is done to me; I have no witnesses here; the other prisoners saw this man stab me with the knife when I was down.
GUILTY on the 3rd. Count. Aged 34.— Transported for Life.
Before Mr. Justice Erle.
MESSRS. BODKIN, CLERK, and LOGIE conducted the Prosecution.
Mirage, merchant ship—I shipped at Shanghai, in China, last autumn—the prisoner was chief mate, Mr. Carter was the captain—there was a seaman on hoard of the name of James Tonson, a Frenchman—he shipped at Shanghai—we were not short of hands there that I know of—I do not know how many hands we had on hoard—I do not know the tonnage of the ship—Tonson was not in good health when I first saw him—he was lying in his hammock when I first saw him—he was sick at that time—I have no idea of the time at which we left Shanghai—we armed in the port of London six weeks yesterday—on the voyage home Tonson worked in the ship—he might sometimes work for a week, perhaps more, or less—at other times he was off work; that was from illness—I have seen the man shaking with fever and ague, till I have told him to go below and turn in—I remember being off the Western Islands—I saw Mr. Travers ill use Tonson about that time—he was in irons at one time—I do not know who pat him in irons, I saw him in irons—I do not know about what time that was—we were somewhere between the north east trades and the Western Islands—I do not know how many days' sail we were from the Western Islands—it might be three, four, or five days before the man's death that I saw him first in irons, I will not be rightly sure—I saw him in irons on the main deck, in front of the poop—it was by Mr. Travers's orders that he was put on the main deck in irons—I did not hear him give the orders—I saw him brought on deck, he had his hands in irons at that time—a seaman named Brackett brought him on deck, he placed him in front of the poop, with his back leaning against the front of the poop, and then Brackett put his feet in irons—he was very ill at that time—Mr. Travers went and got hold of the irons on his feet, and dragged him out in front of the poop, and said he should not have that much ease as to lean against the back of the poop; he should torture him as much as he could—this was about 8 o'clock at night—he was brought on deck after I came on deck, at 8 o'clock at night—he was kept in that state all night, lying on the wet deck, in irons, hands and feet, with his hands behind his back in irons—the weather was pretty cool at that time, cold enough for us to keep a monkey jacket on on deck—Tonson had on a cotton shirt, a pair of cotton wowsers, and a flannel singlet; that is a thing that you wear underneath the shirt, a sort of jersey——he remained on deck in irons till I went below at 12 o'clock—I came on deck again at 4 o'clock next morning, and saw him lying there in the same manner—about 6 o'clock Mr. Travers went and took the irons off his feet, and off one hand, and told him to get up—the man looked up in his face, and made a motion with his feet, and could not, and he made a sort of groan, to try to speak—Mr. Travers then went and took the end of the main sheet—that is the end of a rope, about three inches thick, or between that and three inches and a half, and with that he beat Tonson all over all parts of the body, and over the head—I do not know how often he struck him; there were several places in his shirt where the blood was—I saw' that at that time—I do not know exactly how long he was beating him in that way; he gave him, it might be, ten or a dozen blows, more or less—Tonson did not say anything while he was being beaten, only moaned—after Mr. Travers had beaten him, he told him again to get up—the man tried to get up, and fell down—he then kicked him twice or three times in the ribs—I do not know what the prisoner had on his feet at the time—he then lifted the man up, and hove him between eight and nine feet on the deck, close against the mainmast—he lifted him bodily up by the back of the neck—I saw Tonson after he fell on the deck—he
was then bleeding—one of the midshipmen, Mr. Parrani, wanted to go to the pump to serve out the ship's company's water for the day, and Tonson was in the way, Parram told Mr. Travers that he was in the way of the pump, and Mr. Travers came and told him to get up—he could not get up, and he took the end of the foretopsail brace and beat him in the same manner as before with that—that was a rope about the same size as the other—he beat him all over all parts of his body—I did not hear Tonson speak to the prisoner at that time, I never heard him speak anything that could be understood—he was able to talk English when he was well—after this beating, I perceived that Tonson was bleeding in several parts of the body and head—when the beating was over, he was sitting on the com binge of the after hatch—the prisoner picked him up and hove him to the after part of the hatch again, and hove him across the hatch—he was then trying to get up, and just as he got on his hands and feet, he fell with his cheek across the gunwale of a small boat that we had on deck (he had a swelled cheek) and cut his cheek across—that was from the fall—Mr. Travers then ordered a man of the name of James Long to go and wash him—I saw him washed, his shirt was not taken off—he then ordered me to go and get some warm clothing out of his chest, and dress him—the directions which the prisoner gave to Long were, "Long, go and get some water, and wash Tonson"—I stripped him that day after he was washed—I observed marks of the rope all over his body, and marks of two kicks, and his head was cut in several places—the marks of the rope were bleeding—after Tonson was dressed in the warm clothing, he was placed in front of the poop, still on deck—the deck was wet at that time—I went below at 8 o'clock, and stopped till 12, and when I came on deck again, at 12, he was on deck again, sitting on the after hatch, and he was on deck those four hours—at 4 I went below again, and stopped till 6—I came on deck at 6, I am not sure whether Tonson was below or on deck then—I never saw him ill used after that—I saw him next morning—I saw him several times rolling about the deck as the ship rolled—I saw him next day on the quarterdeck, sitting on the hatch—he seemed to be very ill—his hands and feet were free at that time—I never saw them in irons after that—he was put into a spare cabin at night, below, in the cuddy—I recollect his death; it might be three or four days after he was beaten, or two or three days, I am not exactly sure—I was not with him when he died—I do not know where he used to mess between the time I first saw him in irons, and his death; I never saw him eat anything—the rest of the seamen used to mess together in the forecastle—I never saw anothing done to Tonson from the day I saw the prisoner beating him, up to the time of his death—I did not see him I after he was dead—I went below at 8 o'clock, and turned in, and after I had turned in one of the men came forward and told me he was dead—I did not see him after that; he had been thrown overboard before I came up.
Cross-examined by MR. BALLANTINE. Q. You were three days from the Western Islands when this happened, were you? A. I do not know; I said we were between the north-east trades and the Western Islands—we did not sight the Western Islands—the ship was a very quick ship—we were not in the trades then, we were out of the trades when this happened, I swear that—I do not know when we got out—I have been that voyage before—I shipped at Shanghai—I had not deserted from some other vessel—I was left behind sick, from The Lord of the Isles—I went out in The Lord of the Isles, I went from the colonies there—I signed articles for the voyage there and back—I got sick at Shanghai—we do not get double or treble wages when
we embark at Shanghai—I had as high wages in that ship as there was at Shanghai—I had 9l. a month in The Lord of the Islet—I joined her in the colonies—I joined as an A. B. seaman—I was not disrated, or found unfit for my work—the captain did not disrate me, nor did the mate—I had the log read to me—Mr. Travers told me it was at the captain's option, whether I would get my wages when I got to England or not—he said I had embarked in a capacity that I was not fit for—I was not angry with him for that, not at all, I was neither pleased or angry—I do not know when we got to England—it was I who made the charge against the mate—I made it the day I was paid off—I do not know how many days it was after I got to England that I made this charge against the mate—I do not know whether it was two days, three, four, five, six, seven, eight, nine, ten. days, or month—I got my wages—it was after that, I made the charge—I was examined before I got my wages; I did not tell the Magistrate before—I do not know whether it was two days, or a month, after my arrival that I made the charge—I was not angry with the mate for telling me I was not fit for my work—I did not tell him that I would have him up when I got to England—I did not say so to anybody, I swear that, nor anything of the kind—I made no threat, of any kind whatever, to anybody—at the first part of Tonson's sickness they said he was a skulker—the crew said so forwards—they did not turn him out of the forecastle, or say they would not have anything to do with him—we examined him one morning in the forecastle, and found that he was merely skin and bone, that his arms were very thin—we did not turn him out after that, we saw that he was sick—I never saw him puncture his cheek to make it appear that there was something the matter with him—I heard another Frenchman speak about it—that was not in the presence of the captain, it was in the forecastle that I heard of it—I believe Mr. King has the rope that was used—I did not keep it, I went on board the ship and pointed the rope out to him—I swear it was the same rope, the end of the main sheet—when Tonson was beaten he had on a cotton shirt, a flannel, and a pair of cotton trowsers—I mean to represent that the blood came throughthem—I saw the blood at the time the beating was going on—I saw him stripped the same day—his shirt was taken off—I took it off—I do not know whether the steward was on deck at the time—I adhere to my statement that the prisoner said he should torture him all he could—I do not know whether anybody was present besides myself when he said that; there might have been some there, I cannot say whether there was or not—I do not know exactly how many the crew consisted of—I believe they were short handed, I do not know exactly; I did not know the ship's company—several of the crew were ill of the scurvy—the work was not almost all thrown upon the mate, I worked very hard—it was the some day as the beating that he fell and cut his cheek.
MR. CLERK. Q. You say you shipped as an able seaman? A. Yes; I shipped for thirty-five dollars a mouth—I did not desert—I got 7l. a month when I was paid off—that was five dollars in the pound—I did not get less wages than I had agreed for—I got the full wages that I was to have, the full wages that I shipped for—I did not make this charge at the police court the day I was paid off, I made it at the shipping office, Tower-hill—I do not know who it was to—there were two gentlemen—I had not made any charge to any one before that—I had received my wages at that time—no, that was before I received my wages—I mentioned it to a gentleman in the shipping office—I do not know who he was—that was the same day I received
my wages—I afterwards went into another office—I do not know where it was.
ELDRIDGE GEAREY BRACKETT . I was a seaman on board the Miraye, on her voyage home from Shanghai—I shipped at Shanghai; Tonson was on board when I shipped—he was laid up sick when I first saw him—in the course of the voyage home I saw him in irons—I cannot tell the exact date of that, it was the latter part of Dec., or the fore part of Jan.—I think we were in about 27° or 28° N. at that time, as near as I can judge—I remember seeing Tonson in the after cabin—he was then in double irons—he waa lying down—Mr. Travers took me into the state room where he lay—his hands were shackled behind him, and he had shackles on his feet—I think it was about five or six days before he died, as near as I can judge—I have got no memorandum—when Mr. Travers took me into the cabin, he told Tonson to get up—he made a faint move to get up, but he did not get up—it appeared to me that his hands being shackled behind him, he was too weak to rise in that state—upon that the prisoner kicked him twice with his foot, but not very heavily; he kicked him on the shoulders—I lifted Tonson up, and he was then brought on the quarter deck by Mr. Travers—the irons were first taken off his feet in the state room—I was left behind to bring him out—when he same on deck the irons were put on again—Mr. Travers put them on—while this was going on, Mr. Travers told him there would be no mercy shown him; and he told him if he wanted a stool, to do it in his pantaloons, a bucket of, water would wash it out in the morning—Tonson continued to be on the quarter deck till I went below, at 12 o'clock that night—it was a little past 8 o'clock in the evening when he was brought on deck—I came up again at 4 o'clock in the morning, and he was still lying on the quarter deck in irons—the weather was quite cold—the prisoner was on deck when I came up at 4 o'clock—I did not hear him say anything to Tonson till a little past daylight; he then took the shackles off from his feet, and off from one wrist, and left them hanging on one wrist—there was then some talk between Mr. Travers and the deceased, I could not say what it was—Mr. Travers then picked a rope up from the port side, and commenced beating him over the shoulders and back—it was a main brace or a main sheet, I cannot swear which—those ropes are about three inches thick—the main sheet would be a little over three inches; I cannot tell the exact size, it was the tail of the rope—I stood about from twenty to thirty feet off—I heard the sound of the blows, and saw them—they were heavy blows—I cannot tell the number of blows he gave him at that time, several blows were struck—Tonson had no coat on, I think he had a thin striped light shirt on—after he had finished beating him at that time, Tonson tried to get up—he made a number of attempts to get up, and at last he straightened up, and staggered ten or twelve feet or so forward, and sat on the combings of the after hatch, that was close to the water tank, and he sat in the way of the pumping water, and Mr. Travers came and ordered him to get up and go away further off—the pump was wanted at that time—he did not get up—he did not appear to me to have his right senses about him, he took no notice at all—I should think this was not more than ten or fifteen minutes after he had been beaten first—when he did not get up Mr. Travers picked up a rope from the mainmast, and commenced beating him over the head and face—I cannot say what rope it was, I think it was the main trysail brace, but I cannot say—I should think that is about a two inch rope—he beat him over the head and face with it—there was a little blood on one
cheek—I cannot say how long he was beating him that time, I do not know how many blows were struck—Tonson made several attempts to get up, end he straightened partly up, and staggered ten or twelve feet further off and then fell again—his head did not fall against a boat then—I was passing a stunsail, and my eyes were off him for four or five minutes, and then I looked at him, and his face was covered with blood on one side, and there was blood on the deck round him—this was before 8 o'clock in the morning—he then tried to get up, and fell with his head and shoulders in a boat—I do not recollect seeing him again till a little past 12 o'clock the following night, when I saw him blundering out of the cabin, in the cuddy—he was holding on by a temporary stanchion in front of the cuddy, his hands were in irons in front of him, he had no irons on his feet—he appeared to be very weak, he was holding on to a stanchion—next day, or the next day but one, I cannot say which, the captain called me to go to Tonson—I did go to him—he lay in the same state room—I spoke to him, but he could not answer me—he was lying on the bare boards—he seemed to me to be dying—the steward gave me some port wine which I gave to him, he could not swallow it—he died, as near as I can judge, two days after—I never saw his body after—I saw his venereal parts when I was fetching him out of the state room, but I saw no other part of his body—he had been suffering from disease.
Cross-examined. Q. There were evident marks of the venereal disease, were there not, in a very bad form? A. It was an enlargement of the foreskin—I did not see any sores—the mate mostly wore thin shoes made of carpet—whether he had them on at this time or not, I do not know.
MR. CLERK. Q. What state was the deck in on the day you saw him beaten with the rope, dry or wet? A. It was very rough weather—the forepart of the deck was wet, and so it was amid ships—I cannot say whether it was wet where Tonson lay on the quarter deck—I have seen the mate with thin shoes on in wet weather.
CHARLES ROBINSON . I was a seaman on board the Mirage. I shipped at Shanghai—I believe five of the crew shipped there—I knew Tonson—I saw something done to him by the mate, Mr. Travers, about four or five days before his death—he was lying on the deck, out of irons—I saw the mate strike him with the end of a main sheet—I cannot say how often he struck him, it was several times—he struck him all over his body—Tonson had on a cotton shirt, a pair of trowsers, and stockings, but no boots—I saw his shirt after he had been struck—I saw some blood on his face and on his shirt—I saw his body the day afterwards—his back and side, the skin was all off it, and there was 8 mark on it as broad as my hand, perhaps broader—there was only one mark—I did not see more than one—it was not bleeding at that time—I saw the deceased several times after that before he died—I saw him in the cuddy, in the cabin—he never got better after the day he was beaten—he appeared to get worse all the time—the cuddy door was not closed at the first—I saw him once creeping about the deck—he could not get about very well—that was the day after he was struck, or the day after that, I cannot say rightly—after that he was in the cuddy—he never came forwards, only that time, and then he came for some clothes—I do not know where he got his meals.
COURT. Q. Did you see enough of his back to say that that was the only mark upon it? A. That was the only mark upon his back—the blood was running out of his cheek—there was no sore on his cheek before the beating—his face was swelled before, but I could not see anything of a sore.
Cross-examined. Q. Do you know about his pricking his face? A. No, I do not—I believe it was said by one of the men that he did so.
HENRY JOSEPH KING (Thames police inspector). I took the prisoner into custody on Friday, 1st Feb.—I told him I took him on suspicion of causing the death of a man, James Tonson, by assaulting him and beating him on board the ship Mirage, on the high seas, within the jurisdiction of the Admiralty of England—he said, "As to assaulting and beating, his immediate death was mortification of the cheek, brought on by himself, pricking it with a piece of bamboo, which was poisonous, to make it swell the same as other men's who had the scurvy, but his previous illness was syphilis; the man was completely rotten"—I told him he must accompany me to the station—on the way he said he would rather pay 500l. than this should get wind, on account of his wife and family, as it would be the cause of the death of some of them—I went on board the ship the following day, with the first witness—he pointed out to me two ropes that had been used in beating Tonson—I took possession of one, and have it here (producing it)—this is the tail of the main sheet—the main brace was pointed out to me—that was a different rope to this, and appeared much thinner from its being more open—it was Manilla rope instead of hemp.
Cross-examined. Q. Did he point out this as one of the ropes, or did he point out both the ropes that were used? A. He told me that both the ropes were used, but the running rigging had all been taken down—this is about a three and a half inch rope when new.
(MR. BALLANTINE submitted that there was no evidence to go to the Jury as to the cause of death. MR. JUSTICE ERLE considered that it would be very difficult for the Jury to arrive at any certain conclusion uport the evidence as it stood. The JURY expressed a similar opinion, and found the prisoner
NOT GUILTY .)
MESSRS. CLERK and LOGIE conducted the Prosecution.
Cross-examined by MR. BALLANTINE. Q. When you saw Tonson stripped, was Brackett there? A. I do not know, I was not paying any attention to who was there—I know there was one man named Long along with me—the rope marks bled—I do not know how many of them there were, I did not count them—there were more than six or seven—all of them were bleeding—there were more than six or seven places on the body—they were the marks of the rope, and two marks of kicks, and all of them bleeding.
COURT. Q. Do you mean that there were more than six or seven marks of the rope on the body, bleeding? A. Yes, and two marks of kicks in his ribs; they were bleeding—I did not see him stripped next day—I did not see him after he was dead—there were two cuts on the head.
Cross-examined. Q. The mate had very hard work, had he not, on the voyage home? many of the crew were ill? A. A number of the crew were laid up—the vessel was somewhere about 900 tons, I cannot say exactly—I cannot say that the mate worked very hard, not so hard as I did—I have seen him take hold and give us a pull now and then, but not as a common thing—I am an American.
COURT. Q. You saw the first beating with the main sheet? A. Either the main sheet or the main brace—after the second time he was beat, there was blood on one elbow—the first tame I stood about twenty or thirty feet off—I saw several heavy blows—I did not see any blood on his shirt following the blows the first time he was beaten—at the time of the second beating I was taking down the stunsail—I saw that beating—we had passed some of the sail along before, and some after—I saw some blows struck with the brail rope—I saw blood on his face as soon as Mr. Travers left off striking him; there was blood on One cheek—his left elbow, I think, was stained through with blood, the blood was coming through the shirt—there was blood round the fore part of him—I do not know how it came from him except it was from his face—it was on the bosom of his shirt—I cannot tell on which side of his face the wound was—he had had a swelled cheek for some weeks—it was not swelled when he first joined the vessel—there was no external injury or cause for it that I know of—I thought it was scurvy, as another man had the same complaint, swelled cheek with scurvy, and he got over it—this appeared just the same—the blood on his face was on the same side as the swelled cheek—I think the place that was broken was near the cheek bone—whether there was more than one place or not, I cannot say—I saw one place near the cheek bone where the skin was broken—blood had run from that place—I did not see the deceased fall on the combings of the hatch—he staggered along, and fell on the hatch, and sat there—that was at the time he was beat the second time, before he was beat the second time—I did not see his face touch anything then—I also saw him fall in the boat—they were two separate falls, one was before the second beating, and one after it—I did not see any harm to his face from the first fall.
CHARLES ROBINSON . (The former evidence of this witness was read to him.)—That is correct—I saw blood running from Tonson's cheek, I think about here (the cheek bone)—one of his cheeks was swelled—I cannot say whether he had had any sore on his cheek before this—I first saw the sore on his cheek after he was beat—I had never seen any sore on his face before that day—I was about six or eight feet from the mate at the time I saw him beat him with the main sheet—I saw him strike him several times—I saw him beaten on more than one occasion—I saw him strike him with the main trysail brail—I dare say that was about ten minutes after he was struck with the main sheet—after he was struck with the main sheet, and before he was struck with the main trysail brail, I saw some blood running out of Tonson's face—I did not see blood anywhere else—there was some on his shirt, very little—I think it came from the wound in the cheek—I cannot say on what part of the body the blows were struck with the main sheet, I think most of it was over the head—when he was beaten with the main trysail brail, I was standing on the poop, about twenty or twenty-five feet from him—I do not know where he was struck on that occasion—he was washed down with a bucket of salt water after that, by a boy of the name of Gresley—Long was first ordered to wash him, but he had another job given to him, and then he called the boy Gresley to do it, and he brought a bucket of salt water to wash him down with and wash the blood off—the chief mate gave him the order for that—I heard the order given—I was just in front of the poop at that time—the blood was washed off him—I saw him washed—his cheek was washed by Gresley—it was the next day after he was beat that I saw him stripped—he was then standing on the starboard side of the main hatch—he was
standing there, or, at least, sitting down there—I heard the captain tell him to go down, as it was too warm for him to windward—I think it was Gresley who stripped him—nothing was done to him then, except clean clothes put on him—I was then close aft to the cabin, coiling up the main sheet, as far from Gresley as I am from the door of the Court—that was the only time I saw him stripped.
Cross-examined. Q. You say you had not noticed any blood from his face before; had you noticed that he had a swelled face? A. Yes—I never saw him prick himself with bamboo—I cannot say whether that is a common thing among skulkers, I never heard of it—I heard of it after the captain was told about it—I believe that was the day before the beating—I never went near enough to examine the mark on his face.
JURY. Q. Did you see any matter with the blood from the cheek, or anything of that description? A. Nothing but clear blood—it was the same morning he was beat that I saw it—I never saw his cheek afterwards near enough to examine it.
MR. BALLANTINE called
JAMES GEORGE CARTER . I am captain of the Mirage. The prisoner has been under my command now for nearly two years and a half—he was with me in another ship, and I kept him at home, paying him his salary, in order to take him out again—his character has been everything I could wish, humane and well conducted.
JURY. Q. Can you give us any reason why the deceased was used in the manner he was? why was he put in irons? A. In the first place, because the crew were dissatisfied with him, they found fault with him in every way, and complained of him; and in the second place, to prevent him from doing injury to himself.
COURT. Q. In what respect? A. In putting a piece of bamboo into his mouth—it was my order that he should be put in irons—it was necessary it should be done for the safety of the men, and I caused it to be done, from information that he was injuring himself by putting bamboo into his mouth—I forgot who put him in irons, but it was under my orders—the chief officer saw it done—it was necessary in this way, that the men came aft, and begged that he might be kept aft, and his feet were put in irons to prevent his escaping from the cabin, of which there was no key.
Q. Did you give orders to the mate to have him flogged with this rope? A. Certainly not—I was ill in bed during all this time—I went to bed at half past 6 o'clock, and never came out till half past 8 o'clock, and then I saw him washed—the mate took it upon his own responsibility—I saw his breakfast given to him in the morning, and also some fresh provisions—I gave him some port wine from my own table—I fed myself on salt meat for nearly a month, and killed my own sheep and pigs for the men—I visited the sick myself, and had fresh meat served out to them, mutton, and fowls, and preserved meats, putting salt meat on my own table; and I have positively gone without my own port wine, to let the sick have it.
(The defendant received an excellent character from two other witnesses.)
GUILTY .— Confined Two Months.
326. JAMES PYBUS and CHARLES SMITH , burglariously breaking and entering the dwelling house of Alexander Gordon, and stealing therein 1 spoon; his goods: 1 cloak, and 1 coat, value 3l.; the goods of Marcilla Rogers; and 1 pair of sugar tongs; the goods of Edwin Classey.
walking towards Great Russell-street—I saw Pybus on the opposite side of the street—it was a very wet morning, and I suspected he was there for no good purpose—I watched him, and saw him cross over the road, towards No. 29, Montague-street—he made a noise with his mouth—I turned round, and saw Smith coming out of one of the parlour windows of No. 29, the one nearest the door—I had a companion with me, named Chapman—I spoke to him loud enough for the prisoners to hear me—I saw Smith drop what appeared to me to be a bag, or something dark, into the area of the house—they jumped over the railings, and ran towards Russellsquare—I followed them, crying, "Stop thief!"—I never lost sight of Pybus until he was in the hands of the police—I lost Smith for a moment, in turning the corner of Montague-place, but he was brought back, and I saw him in the custody of the policeman.
Pybus. Q. Did you see me cross the road? A. I did, towards the area railings—I was then about ten or fifteen yards off—when I first saw you, I was about twenty-five yards off, but I kept on walking, in order that you should not suspect I was Watching you.
Smith. Q. What distance were you off when you saw me come out of the window? A. About twenty or twenty-five yards—I saw you by the light of a lamp right opposite the house—I think you had on the same clothes that you have now.
JAMES WATKINS (policeman, E 63). I was on duty near Montague-street on the morning in question, about 6 o'clock—I heard a cry of "Stop thief!" and saw the prisoners running down Montague-street—I secured Pybus, and called to Egerton to follow Smith.
Pybus. Q. In what part of the street was I when you took me? A. About 100 yards past Montaguestreet, in Russell-square—you both ran out of Montague-street together, and then separated—you were running when I took you.
THOMAS EGERTON (policeman, E 51.) On the morning of 7th Feb. I heard the cry of "Stop thief!" and saw Smith come running up Montagueplace—I ran after him, and took him—I took him to the station house, searched him, and found on him 1s., and some lucifer matches—I afterwards went to No. 29, Montague-street, and found an entrance had been made by forcing something between the sashes of the window, and so forcing back the fastening, and opening the window.
WILLIAM BRYANT (policeman, E 104). I heard the cry of "Stop thief!" on the morning of 7th Feb., and met Smith in custody—I then went towards No. 29, Montague-street, and from there to Montague-place, in the direction where Smith had run—I found these sugar tongs and silver spoons, lying in the road, directly opposite the place they were taken from.
JOHN STAPLETON (policeman, E 66). I was on duty on this morning in Russell-square—I heard the cry of "Stop thief!"—I met Beaumont, and went with him to No. 29, Montague-street, and called the parties up—the parlour door leading into the passage was fastened—I burst it open, and went in—I found the lower sash of the window right up, and the wire blind pulled down, and laid on the boards—I went down into the area, and there found these coats directly under the window that was open.
EDWIN CLASSEY . I am servant to Mr. Gordon, of No. 29, Montague-street. I have the care of the house, and let it out to different lodgers—I fastened the front parlour windows about half past 4 o'clock on the afternoon of 6th Feb., and left them safe when I went to bed about a quarter, to 12 o'clock—I spoke to Mrs. Rogers, the lady who lodges there, to lock the
parlour door when she left it—these sugar tongs and spoons are Mr. Gordon's—they were in the parlour cupboard the night before—Mrs. Rogers had the use of them.
MARCILLA ROGERS . I am a widow, lodging at No. 29, Montague-street. I occupy the parlours there—I went to bed on 6th Feb., about half past 11 o'clock—I locked the parlour door when I left the room—I left a cloak and coat, belonging to my little boy, on the sofa—these (produced) are them.
PYBUS— GUILTY .*— Confined Fifteen Months.
SMITH— GUILTY .*
(Smith was further charged with having been before convicted.)
HENRY EDWARDS (policeman). I produce a certificate—(This certified the summary conviction of Charles Smithy in Sept, 1855, before George Long, Esq., one of the metropolitan police Magistrates, for larceny, and that he was sentenced to three months imprisonment; upon the same paper the Clerk of the Peace for Middlesex certified that the original conviction appeared on the files of the Court.)—Smith is the man.
SMITH—GUILTY.— Confined Fifteen Months.
NEW COURT.—Wednesday, March 5th 1856.
PRESENT—Mr. RECORDER; Mr. Ald. FINNIS; Mr. Ald. CUBITT; and Mr. Ald. LAWRENCE.
Before Mr. Recorder and the Fifth Jury.
PLEADED GUILTY . Aged 16.— Confined Four Months.
MESSRS. ROBINSON and POLAND conducted the Prosecution.
CHARLES TEMPLER DEPREE . I am a member of the firm of Gabriel and Co., solicitors to this prosecution—I served this notice on the prisoner, in Newgate, on the 2nd Feb., and on the prisoner's attorney, Mr. Charles Begbie, on the 1st Feb.
THOMAS TROUT . I am one of the assistants to the messenger of the Court of Bankruptcy. I have here a file of the proceedings in the Bankrupty Court against Henry Jackson—I have the petition dated 11th Jan., 1854, the affidavit of the petitioning creditor, ana the adjudication, dated 14th Jan.—I have a declaration of the adjudication under the seal of the Court—I have a summons to surrender dated 30th Jan., 1854—in Jan., 1854, I went down to Eton; I took with me a declaration of the adjudication under the seal of the Court—I went to Mr. Savager, the landlord of the Adam and Eve, in High-street, Eton, and I went with him to a shop in High-street—the name of Jackson was up at that shop—the shutters were up, and the door was fast—I put the declaration of the adjudication in under the front door of the shop, and Mr. Savager was with me—I left it there.
COURT. Q. How did you put it on? A. I pasted it there—it was safe, I saw it an hour and a half afterwards.
Cross-examined by MR. PARRY. Q. Are you perfectly sure you put it on the shutter? A. Yes, either on the end shutter near the door, or the door on this side of the shutter—this requires Henry Jackson to be present on the 1st Feb., and on the 7th March following—I am quite positive I put it on the end shutter adjoining the door, or the door adjoining the end shutter—I did state at first that I put it on the door—my impression was that I put it on the door—I did not correct my statement till somebody came and said they had seen it on the shutter—my first impression was that I put it on the door—my impression now is that it must have been on the end shutter—I went to the Castle, and returned in an hour and a half, and saw it there—I had pasted it with paste—I went into a shop and borrowed a stool, and put it up—I did not put it so high that no one could see it—I thought I would put it so that no boy could reach it—I should say the stool was about thirty inches or two feet high, about the height of a chair—I pasted it level with my face when standing on a stool two feet high—I did not put any notice under the door, it was not my business—I have been down since, and the premises are altered.
MR. ROBINSON. Q. Are you perfectly satisfied that either on the door, or the shutter, you put the notice? A. I am positive.
HENRY BLUNDELL . I am clerk to Mr. Stubbs, one of the messengers of the Court of Bankruptcy. I was there on 7th March—the prisoner Henry Jackson did not surrender there—I was there during the whole time of the sitting—I proclaimed him in the usual manner at the top of the staircase at 3 o'clock—he did not surrender—on his not appearing a memorandum of non-surrender was entered, and signed by the commissioner.
SARAH HYDE . I was employed on 1st Nov., 1853, by Mr. Tatner, to clean the house, No. 91, High-street, Eton, and shortly after I received directions from Mr. Tatner, and delivered the prisoner the keys of the house—he took possession of it, and carried on business for about six weeks or two months—I was employed to dean it on 1st Nov., and I delivered the keys about a week or ten days afterwards—the name of Jackson was painted over the door—the shop was kept open, and the prisoner appeared to be carrying on business for about seven weeks—before I delivered the keys, the prisoner brought me a paper from Mr. Tatner, desiring me to give the keys to him—the prisoner read it, and said Mr. Tatner wished me to give him possession of the house, and I gave him the keys—he told me Mr. Hollis, a carpenter and builder, would come to me to get the key of the back door to fit the shop up—I delivered the key of the back part to Mr. Hollis—the prisoner appeared to be a linen draper—I myself purchased a few trifling articles of him—on Sunday, 8th Jan., 1854, I received some communication from Mr. Savager, and in consequence of that I went to Mr. Savager's, who keeps the Adam and Eve, opposite the house—I then went to the back part of the prisoner's premises, and found they were open—I went in, and found everything of furniture was removed—I went into the shop, and there appeared to be packages of goods in the shop, and there were pieces hanging from them as samples—I put my hand on some parcels in the partition, and found they were empty—I felt the packages that were labelled Coburgs, and found they were very hard—I tore one of them, and found it contained sawdust—I examined them, and that was the case with them all—that was about half past 11 o'clock on Sunday morning—I saw a paper on the outside of
the premises—that was not for a fortnight or three weeks afterwards—the paper was on the shutter—the shutters are not very high—I could reach it with my hand—it was very near the door—it was on either the first or second shutter—they are very narrow shutters—I saw there was a seal on the paper—I saw that notice remaining on the shutter for three weeks.
COURT. Q. Do you mean you saw it sticking there three weeks or twenty-one days? A. Yes, after I first saw it—I saw the shutters taken down, and then the children could get at it—I saw the pieces sticking on the shutter, as if it had been torn down.
Cross-examined. Q. Was it at the end of that three weeks that you saw the shutters taken down? A. I saw it up about three weeks, and about six weeks after the paper was first put up I went to clean out the house—my son took down the shutters for me before I went there—when I went I saw the shutters standing down within reach of a boy going by, and I saw the pieces sticking there.
MR. ROBINSON. Q. You had known these premises before they were taken by Jackson, what business had been carried on there? A. When I first knew it, it was a currier's, and after that it was a broker's shop—no draper's business was carried on there till the prisoner came.
MR. PARRY. Q. You saw a paper, as I understand, sticking up on either the first or second shutter, can you tell me when you first saw that paper? A. I should say it was about 20th or 21st Jan.—I should think it was about that day—I think I am sure of the month, because I came to London about a week or so before I saw it—I saw the paper pasted on the shutter about 20th or 21st Jan.—it must have been in March when I went to sweep the house, and saw it torn—I saw it whole for about three weeks after I first saw it—I saw it daily.
Q. Did you ever lose sight of it from that time till you went to sweep the house, and saw it torn? A. I could not say, for I was not well and did not go out—I cannot say whether it was the first or second week in March that I saw it torn away—I was not well, and was not able to go out quite so soon as the landlord wished me to go—I believe it was the second week in March, but I am not positive, when I saw it torn away—there was no one with me when I saw it—I did not see it torn, the shutters were taken down when I went to clean the house, and I saw it was torn away.
MR. ROBINSON. Q. About how long before you saw it torn had you seen it whole? A. It must have been three weeks, or a fortnight—I never saw but one paper—I saw something like a seal on it—my attention was not attracted by the words—I did not stand to look at it.
JOSEPH SAVAGER . I am landlord of the Adam and Eve tavern, in High-street, Eton—I remember the shop being opened as a linendraper's, in Nov., 1853—the name of Jackson was over the window, my house is opposite to it—the shop remained opened till Jan.—it was last open on 6th Jan., 1854—I noticed the premises being closed the whole of the day on the 7th; and, on the day following, I found the back gate was left open—I went in, and went into the house and the shop—the house appeared empty, the furniture was removed, and papers and rubbish were scattered about—I did not on that occasion examine the things in the shop—I went on the same day to Mrs. Hyde, I knew she was employed by the landlord, Mr. Tatner—she came with me to the premises, and I left her in charge of them—I remember Mr. Trout coming down to Windsor—he called on me and made some inquiries—he showed me a paper relative to a bankruptcy of Jackson—I took him to the shop occupied by the prisoner—I saw him
place that paper under the front door, and leave it there—I cannot say on what day that was, it might be about a week after 8th Jan.—the shop remained closed after 8th Jan.—I remember seeing a paper on the shutter—I saw it on the day it was put up—I cannot say on what day—I think it was on the shutter nearest the door—I noticed what the paper had on it—it was a summons to surrender—I should say it remained there a month—I cannot say what became of it, but I believe it was there till the shop was taken—I cannot say how long—I noticed the name of Jackson on that paper, and the name of Thomas E. Stubbs was in the corner—I saw that paper put up, and I saw it after it was up—I have known that shop from 1812, it had never been a linendraper's before.
Cross-examined. Q. You say it was a month you saw it, was it there above a fortnight? A. I will not swear it was there above a fortnight—I believe it was there about a month.
THOMAS HESTER . I am a grocer, and live in High-street, Eton—I know Jackson, I recollect his taking that shop in the beginning of Nov., 1853—I made purchases at the shop, and Jackson made purchases of me—I recollect seeing a notice which was put upon the shutter—I read it—it was something concerning the Bankruptcy Court—I saw the name of Jackson on it—I understood it came from the Bankruptcy Court for him to surrender—I should say it was there about a month—I cannot remember the date when I first saw it.
Cross-examined. Q. Are you able, positively, to pledge your oath that it was there a fortnight? A. Yes, I am sure it was there more than a fortnight—I do not think it was there much more than a month—I am able to swear it was there more than a fortnight—it was between a month and a fortnight—I cannot say, positively, when it was taken down—I do not know by whom it was taken down.
GEORGE GURRIER . In Nov., 1863, I was in the employ of Messrs. Abbott and Nottingham, of Aldermanbury. On 18th Nov., 1853, I saw the prisoner, and served him with some goods—he looked out some goods, which were put on one side, and were afterwards sent, by his direction, to Eton—the value of the goods which he had (referring to his book) was 352l. 7s. 3d.—the amount of goods I served him with on 18th Nov. was 95l.
JAMES NOWLER . I was formerly in the service of Messrs. Abbott and Nottingham. On 18th Nov., 1853, the prisoner selected a quantity of goods from me—I think they amounted to between 30l. and 40l.—I believe they were sent by his direction to Eton—they were entered to Henry Jackson, Eton.
FREDERICK WOOTTEN . In 1853, I was in the service of Messrs. Hoyle and Hanson, woollen warehousemen, in Aldermnnbury. On 16th Nov., 1853, the prisoner applied to me to open an account—I questioned him with regard to his means and his possessions, and asked him for references—he stated that he had taken a house and shop for five years; that the party from whom he had taken it had been carrying on the drapery business for some years, but had relinquished it on going into connection with a relation; that he was possessed of eleven acres of land by becoming heir at law; that they brought in a rental of 18s. a week; that he had sold it for 650l., 50l. of which had been paid down, and the remaining 600l. was to be paid in a month—we were to write to Mr. Burney and Mr. Collins—in consequence of this statement I wrote to Mr. Burney and Mr. Collins—I saw the prisoner again after I wrote the letters—it might be a week
after the first time, perhaps—he told me that Mr. Collins had paid him down 50l. as earnest for his paying him down 600l. a month hence, and that he held an agreement from Mr. Collins to that effect, and that the title deeds were in his possession—I wrote to Burney and to Collins, he gave me their addresses—Mr. Collins, Spring Farm, near Oakham, in Rutlandshire—I wrote there, and received an answer in reply—I wrote a letter to Burney—the prisoner gave me the name of Robert Burney, Crown, Oakham, Rutlandshire—our firm received the letter in reply—it is signed Thomas Burney, and is dated Nov. 15th.
HENRY MATTHEWS . I am book keeper and foreman to Mr. Hiscox. I have known the prisoner twelve or thirteen years—I have frequently seen him write—I am sufficiently acquainted with his handwriting to say that this (looking at it) is decidedly his writing—this first letter I should say is his writing—it is in a feigned hand—I should say this other letter is his writing—(read: "Gentlemen,—In reply to yours, I beg to state I am about to purchase some land of Mr. Henry Jackson for 650l. It has been left by an aunt, dying intestate, he has token this property as heir at law; the will may be seen in Doctors' Commons: 50l. having been paid, and 600l. is to be paid in a month. I believe him to be an industrious, upright, trustworthy man. I am not known at all in London. Yours, etc., J. W. Collins." "Gendlemen,—I know Mr. Henry Jackson and family quite well; he has been selling some land left him by a relative to a farmer here. I have no hesitation in saying that his position and circumstances are good, himself and family very respectable. I have no doubt any engagement he may enter into will be duly attended to. Thomas Burney.")
FREDERICK WOOTTON re-examined. Q. Did you go with Jackson to Doctors' Commons to look at this will? A. I did—I satisfied myself that there was a Henry Jackson entitled to some property in Rutlandshire—the prisoner represented that to be the will that he referred to—in consequence of that and these letters, we supplied him with goods to the amount altogether of a little over 300l.—Messrs. Hoyle and Hanson received other letters from the prisoner ordering other goods (read: "23rd Nov., Sir,—I received your invoice last evening; I undertake to remit you 200l. on the 1st Jan." "Gentlemen,—I received your account, and beg to say I will call on you, and hand you the 200l. on Friday, 6th Jan.")
JOHN EDMUND TOZER . On 18th Nov., 1853, I was in the employ of Messrs. Hoyle and Hanson. I assisted Mr. Wootton to serve the prisoner the goods—they were to be sent to Eton by the lug rail, and they were so sent.
ROBERT BURNEY . I am a post boy, at the Crown, at Oakham. In Nov., 1853, I saw the prisoner there—he called on me—I married his cousin—he did not ask me to write a letter for him, or to answer a letter—he asked my wife, but not in my presence—did not speak to him about a letter, nor he to me—I cannot recollect what passed between us—he stated that he was going to open a linendraper's shop—I cannot recollect any more particulars—my wife sent for me, and he was there—I cannot exactly say what passed—there was nothing said about a letter to me, or in my presence—my wife told me after he was gone—I received a letter, in Nov., 1853, from Hoyle and Hanson—I received it myself, I did not answer it—I did not write this letter (looking at one) in answer—I took the letter I received to his father—I do not know a person of the name of Thomas Burney there—I have lived there all my life—I do not know Spring Farm—I do not know a person of the name of Collins—I did not go with Jackson to the post
office, I was in the market place and saw him come out of the George, with a letter in his hand—he did not speak to me, I was on one side and he on the other—I did not see what he did with the letter—he was not living at his father's when he was down there—he stopped at my houae one night—I took the letter to his father, and left it with his father.
(MR. PARRY submitted that as the notice required ike bankrupt to surrender upon a day prior to the service, it was not a notice within the meaning of the Act of Parliament. The RECORDER said that this point had arisen in Reg. v. Davidson and Gordon, and had been overruled. MR. PARRY further submitted that the affixing of the notice upon the shutter, a moveable thing, was not a service at the last place of abode. The RECORDER, after consulting the learned Judges, stated that they were of opinion with himself that the service was sufficient.)
GUILTY . Aged 34.— Six Years Penal Servitude.
MESSRS. CLARKSON and MAULE conducted the Prosecution.
STODDART DRYSDALE . I am a senior clerk, of the Judicial Department, at the East India House—I have some depositions in my hand which I received, with other documents, from Madras, they bear the stamp of the Chief Magistrate at Madras—they are signed by him—I know his writing—these depositions purport to be taken before him, and in the prisoners' presence—I also received this packet with the documents—this purports to bear the signature of Mr. Elliott, the same Magistrate—I know the officer, Mr. Ansell, at Madras—he was police constable in Sept, 1855—I have official knowledge of that fact.
Q. Be so goed as to open that packet (the witness did so)?. A. Here is an inscription on the outside and inside of this cover—here is a purse, and a bag, in it; and in the purse here are thirty-four English sovereigns—on this purse is "22nd Sept., 1855, James Ansell, constable, Madras—I received this packet with the depositions, and other papers—here is another parcel, containing 2l.
Cross-examined by MR. DALEY. Q. What personal knowledge have you of the writing on these parcels? A. Only from having received it repeatedly—there is no official seal on this parcel.
MR. CLARKSON. Q. You are in the habit of receiving official documents? A. Yes; and I have acquired a knowledge of Mr. Elliott's, the Magistrate's, handwriting, and his writing is on this.
LEVI BRACKETT . In August I was mate of the Berkshire, British merchant ship—her commander was Richard Orlando Legg—I remember the time the Berkshire was lying in the Pondicherry Road—she had performed her outward-bound voyage—she had not received her homeward voyage cargo in full—on the night of 24th Aug. the ship's company consisted, amongst others, of the two prisoners at the bar—I turned in that night about 12 o'clock—it was the practice to watch by one or two men—all was right and safe when I turned in—there were three other men on board that night, I remember the name of Hiue, and Mann, were two of them—I do not remember the name of the other, Severin—the captain left the ship on 24th Aug., and went on shore, I think near 10 or 11 o'clock in the morning—he did not come on board that night—I was roused on the morning of the 25th, about 4 or 5 o'clock, I think—when I got up Severin, and Mann, and
Hine, and Thompson, and Jones were not on board—it was part of their duty to take the watch from the time I turned in till morning—I thick they all had their watch in that interval—when I was called, I found the life boat gone, and the two buoys—the life boat had been secured on the deck—the captain came on board about 7 o'clock the next morning—I communicated to him the absconding of those five persons, and that the boat and life buoys were gone—when I had made these disclosures to him he went to his cabin—he unlocked the door with the key which he took out of his pocket—I went in the moment afterwards and saw the ship's papers, and other papers, lying about the floor—some were torn, and some not—the writing desk was broken open at the lock and hinges, the chests were broken open in different ways, and every thing in the cabin wag broken open; and the cabin window was open.
Q. Seeing that the captain unlocked the cabin with his own key, and the window was open, in what way did those who entered get in? A. By the window from a boat—the captain complained that he had been robbed—he first said of all the money he had—he said he had lost money, sovereigns and half sovereigns, and a diamond ring—I went and examined his desk with him—I found a paper stating the money—I found another bag which had money in it, and a paper which describes the money in that bag—the captain went on shore immediately to Pondicherry—two or three days afterwards I was with him, when he made a complaint to the principals—I did not accompany the captain to Madras—I did not go on shore at Madras after I had been at Pondicherry—the Veasel proceeded on her Homeward-bound voyage in five or six days, or eight days—we came round the Cape—before we came round, when we were about eighteen miles from Madagascar, the captain died, and I assumed the command of the ship—I have continued it ever since—the names of the owners of the Berkshire are Toulman, Livingstone, and Co.—there was an official log kept on board the Berkshire, as well as the ordinary one—the official log was made up on the day of this loss of the captain—the captain made it—it bears his signature, mine, and the second mate's—(Read: "25th August, master came on board 6 A. M; came on deck, missed the life boat and two buoys; the captain had lost 153 sovereigns, twenty-five half sovereigns, &c.")
Cross-examined. Q. How long had you been on board that ship as mate? A. A little over a month—I had come from Madras—those five men were shipped at Madras—I joined the ship at Madras—I did not go out with it—I think Madras is about seventy-five miles from Pondicherry—the captain did not go to Madras any time after this occurrence—I did not go—I received no message from any person to go there—the captain did not receive any to my knowledge—we had not lost any men by desertion during the month that I was on board—we left Madras, and came to Pondicherry.
Q. Did you hear any complaints of the men, of the captain? A. That you will always have—it was no more than what we call grumbling—I never saw the captain strike any of the crew—the people at Pondicherry are natives of the country—I saw them on shore, and along side of the ship, and on board the ship—they were daily on board—they left before 6 o'clock at night—I cannot remember the names of the men who were to take the watch that night, it is so long since—I can swear there were no natives on board, unless they were stowed away out of my sight—at the time I heard of this robbery I might recollect what men had been left on
watch, but I cannot recollect now—no doubt I knew then, because I almost always knew who kept the watch—I cannot now recollect—I slept in the cabin—the cabin where the robbery was committed was in the after part of the vessel—there was a partition between my cabin and that—I did not hear any noise that night—the desk seemed to have been violently broken—the window was not broken—the glass window rises up and down—it is about two feet by three—the vessel was 582 tons—it is my opinion that they conld get through a hole of that sort—I could get through it myself easily—there were no natives about the ship, to my knowledge—they do not lie about fishing all night—I was on shore at St. Helena—the captain had then been dead nearly two months.
MR. CLARKSON. Q. You say that the natives are not allowed to be on board after 6 o'clock? A. No—when I turned in that night, there were no natives on board, to my knowledge, unless they had been stowed away by some persons—there could not have been any without my knowing it—it is not usual for the natives to fish in the captain's cabin—we found the life boat again about fifteen miles to the northward, between Pondicberry and Madras—it was hauled up on shore—there is a landing place, a village, I believe, from which they could get to Madras—we never found the two life buoys—Pondicherry is a French settlement.
ROBERT ALLAN . I was carpenter on board the Berkshire in Aug.—I was on board when she was lying in the road off Pondicherry—I remember the captain coming on board on the morning of 25th Aug.—he went into the cabin—I saw his desk, which had been broken open, the same day, on the cabin table, and two chests—I returned home in the Berkshire—I saw the captain dead, and assisted in his burial—I was not on watch on board on the night of 24th Aug.—I should have been on watch, but I was not called—it was my watch after 12 to 1 o'clock—before 12, it was Otis Hines watch—he wan on watch from 11 to 12 o'clock—he should have called me—I do not recollect whose watch it would have been after mine.
COURT. Q. What number of men were in the crew altogether? A. Fourteen.
Cross-examined. Q. How long were you in this vessel? A. Twelve months—I was in it eight months before this happened—there were desertions from the ship three separate times—six men went from the ship before this—we re-shipped them at Madras—the second mate and the steward ran away at Freemantle—I never saw any violence passing between the captain and those men—I cannot say that—I never saw the captain with a revolving pistol in his hand—he often used to talk of it—I cannot say that he ever threatened to shoot any of the crew—I will not swear he did not—I saw a soldier on board ill treated—he used to go by the name of Williams—the last witness, the mate, ill treated him—I saw him ill treat a man of the name of Fisher—I have seen him strike him.
MR. CLARKSON. Q. How long have you been a seaman? A. Five years—I never saw men start before—we had fourteen men in our crew—no person deserted the ship after she left Pondicherry, and before she came to the Cape—we were then at sea.
(The deposition of Ansell was here read as follows: "Madras, to wit: The deposition of James Ansell, taken on oath before me, the undersigned, one of Her Majesty's Justices of the Peace in and for the town of Madras, aforesaid, this 12th of September, 1855, in the presence and hearing of John Thompson, Arthur Mann, Matthew Severin, Thomas Jones, and Otis Hine; the said James Ansell saith as follows: I am a constable of the Madras police; I received orders from the town police officer to look
out for five men who were said to have deserted from the British ship Berkshire, at Pondicherry; about 10 o'clock p.m., on the 28th of August, I found the prisoner now present, John Thompson, in a carriage in a street in the town of Madras; I challenged him, and he told me that his name was Johnson, and he was a soldier; I lodged him in the lock-up house that night; on searching his person, I found a leather bag containing thirty-four sovereigns tied round his neck; on the following morning I brought him to the police office, when he told to J. G. Clarke, Esq., a Magistrate, in my hearing, that his name was John Thompson, that he had deserted from the Berkshire, at Pondicherry; he said that the money was his own, that he had earned it in another ship; constable Price was with me when I apprehended John Thompson; soon after 11 o'clock the same night I apprehended Arthur Mann, in the house of a woman of the town, named Onslow; he was asleep on a cot; I saw him searched by constable Price; ia a handkerchief tied round his waist was found nine sovereigns, five rupees, four annas, and three pice; I told him I took him into custody as a deserter from the Berkshire; he answered that he had left the ship at Pondicherry on account of ill usage; I knew him before, when he was convicted of embezzling cargo from the ship Calcutta; on the 27th of April, 1855, on which occasion he was sentenced to twelve weeks' imprisonment; I produced him before the Magistrate on the following morning, when both be and John Thompson were remanded; on Thursday, the 29th of August, I apprehended Otis Hine about 5 o'clock in the evening, in the house of a prostitute, in the town of Madras; I searched bis person, and found three sovereigns, three rupees, and four annas in silver, and some copper coins in his pocket; he said that he had left the Berkshire, at Pondicherry, because he had been ill used; and further, he said that John Thompson had given him five sovereigns, but that he had afterwards taken back one sovereign; on Thursday, the 31st of August, I apprehended Matthew Severin, at the house of one Cole, who keeps a public house; there was no money on his person; he said that he had left the Berkshire, in Pondicherry, because he had been ill used, and that the captain had threatened to blow out his brains; on the same day, about 5 o'clock in the evening, I found Thomas Jones in custody at my station house; he had been brought there by one of the peons; I knew him before; he was brought to the police office on the 4th of May, by the master of the Berkshire, who wished to discharge him and three others; he (Thomas Jones) was charged by the master with refusing to work, and that they were conditional pardoned convicts, and the master produced the documents concerning these men, but the Magistrate re-shipped the men on the 5th of May, at which time Thomas Jones was a seaman of the Berkshire; I found no money on his person; he said he had left the Berkshire, at Pondicherry, with the other men; an Arab, named Sooliman, produced two sovereigns, which he said in the presence and hearing of Thomas Jones, that he had received from him to pay his passage to Calcutta; all the men shipped at Madras except Thomas Jones. Signed, James Ansell.' Taken on oath before me, at Madras, aforesaid, the day and year first above written. E. F. Elliott.")
RICHARD TODMAN (Thames police inspector.) On 10th Jan. I went on board the ship Ballarand, which had arrived from Madras, and took Thompson—I asked him his name—he said, "John Thompson"—I told him he was charged with a robbery on board the ship Berkshire—he said, "I took the boat away with some others, but the robbery I know nothing about."
custody by the captain of the merchant ship Rangoon—I had a certificate from Mr. Elliott, to the captain of the Rangoon, of the shipping of the prisoner—I read it to him, and asked if his name was Thomas Jones—he said it was—I said, "Are you aware of the charge against you?"—he said, "Yes"—I said, "The charge is stealing 140l., and a ring"—he said, "I am not guilty; the only thing I did was to steal a boat, in company with four others, but as to the money I am quite innocent"—on the following day I removed him from Bridewell to the railway station to bring him up to London—when we had scarcely got out of the Bridewell door, he said, "I hope none of the other four have turned round upon me, for we were seat home in different ships; I was too old-fashioned to keep any of the sugar about me"—I said, "Do you mean money?"—he said, "Yes"—he said, "I am not the man to plead guilty; if I were to steal a gold watch, and even they found it in my hand, I should never plead guilty to it; I should let them find it out themselves"—he said that he hoped they would stick to one another, and he would not turn round upon them.
THOMPSON— GUILTY . Aged 32.— Confined Eighteen Months.
JONES— GUILTY .** Aged Confined Two Tears.
THIRD COURT.—Wednesday, March 5th, 1856.
PRESENT—Mr. Ald. HUNTER; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jwry.
PLEADED GUILTY to the 2nd COUNT. Aged 25.— Confined Twelve Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY . Aged 19.— Confined Six Months.
MR. THOMPSON conducted the Prosecution.
HENRY HAYLOCK (City policeman, 168). On 7th Dec., about a quarter to 8 o'clock in the morning, I saw two men in Wells-street, Cripplegate—I believe the prisoner to be one of them, but cannot swear positively—he was carrying a bundle—he walked to the other man, and they walked down Wells-street—I went round Redcross-square, and met them—they threw the bundle down, and both ran away—I took the other man—he was tried here and convicted—(see case of John Evans, page 162)—the man I believe to be the prisoner ran through Maidenhead-court—a bundle, which I believe to be the same, was afterwards given to me—it contained a quantity of woollen cloth—Mr. Kirby's shop is about 300 yards from where I saw the two men.
Cross-examined by MR. METCALFE. Q. How near were you to the person you believe to be the prisoner? A. About two yards was the nearest—we were face to face—I had not known him before.
JOHN RICHARDS . I am a dairyman, of No. 25, Jewin-street. I was in Wells-street on this morning, and saw two men, one of whom had a bundle—it was the prisoner—I have not the slightest doubt of him—I knew him by sight—the man who has been convicted was carrying the bundle—they went towards Falcon-square, towards Redcross-square, and when they got to the corner I saw Haylock meet them—the one who is convicted threw the bundle down and mn—the prisoner followed him a little way, and then ran into Maidenhead-court—I did not see him again till he was at the station on 11th Feb.
Cross-examined. Q. And he was then shown to you in custody? A. Yes, but he was standing in front of the inspector, among several men—I do not know whether they were prisoners—I pointed him out from others who were standing in a row with him—I was told that he was in custody, and was fetched there to see him—I had not seen him from 7th Dec.—I dare say I have spoken to him, for I have known him many years—I knew him when he was a boy; his father was a milkman—I knew his name, and told it to Haylock—I could not tell him where he lived—I had seen him very often, and passed him several times in the street—I had never seen the other man before.
ROBERT BEE (policeman, G 95.) In consequence of information received from Haylock, I took the prisoner, on 4th Feb., in Wildernessrow—I told him the charge, and he said, "You are wrong; I know who you want, he is now doing three months, but I will go with you."
Cross-examined. Q. The other man had been convicted then? A. Yes—the expression may have been, "I know the other one," or, "I know who the other one is that you want:" he said, "that you want"—the man who has been convicted has got five years penal servitude—I received the name and description of the prisoner.
THOMAS FREESTONE KIRBY . I am a tailor, of No. 30, Aldersgate-street On the morning of 11th Dec. Haylock brought in a bundle of cloth, value about 5l.—it was produced and identified by me on the trial of the other man—since then I have used it—I did not know of my loss till the cloth was brought—it was mine, and was safe on the night of 6th Dec.—on the 11th I discovered that I had lost it.
(The prisoner's statement before the Magistrate was here read, as follows: "I have been taken once before for this man, and it was fully proved thai I am as innocent as I am now,")
The prisoner was further charged wtih having been before convicted.
WILLIAM ALLEN (City policeman, 263). I produce a certificate—(Read: "Central Criminal Court, John Jenkins, Convicted, Auguat, 1853, on his own confession, of stealing 36lbs. of butter; Confined one year ")—the prisoner is the person—I had him in custody, and identified him among several others.
GUILTY.** Aged 27.— Four Tears Penal Servitude.
334. THOMAS PITTUM and SAMUEL PRIOR , burglariously breaking and entering the dwelling house of Thomas Burstall, at the precinct of Norwood, and stealing therein 7 coats, 4 pairs of boots, and other articles, value 9l. 14s. 6d., his property.
the back kitchen door open, and the place in confusion—I missed seven coats, a cape, four pain of boots, some scarfs, handkerchiefs, and a brash.
THOMAS CRANE (policeman). On the morning of 20th Feb., about 20 minutes past 4 o'clock, I was on doty in Apperton-lane, Harrow, and noticed that a mark which I bad put on a gate had been removed—I had hung the chain so that if the gate was opened by anybody it would fall off—in consequence of that I went into the field, and when I had got about halfway across I saw two men running—I followed them as far as Stonebridge, and then lost sight of them—having seen one of them go through a hedge, I went there and found some footmarks made by boots very peculiarly nailed—I found there two bundles containing five coats, a large cape, two silk handkerchiefs, three pairs of gloves, and a small strap (produced)—I went to the gate, from which the mark had been removed, and found footmarks of the same person—on Saturday, 23rd Feb., I saw the prisoners in custody; I got their shoes and compared them with the footmarks, by making fresh impressions six inches off, and the impressions corresponded exactly—I did not put them into the footmarks—this is Pittum's right shoe, it has round headed nails across the front of the heel, and here are three nails in the toe—Prior's shoe is nailed on one foot outside the heel, but a portion of them are worn out, and I found the impression of the missing nails in the footmarks—I was about twenty yards from Pittum when they crossed the Great Northern Railway, and I believe he is one of the men, by his size and dress—this gate is about five miles from Mr. Bunstall's—I traced the footmarks one mile nearer the gate towards Mr. Burstall's.
Prior. Q. How long after the robbery was it that you got. our boots and compared the marks? A. Three days—there had been no rain in the mean time—this is your right boot, and these are Pittum's; here are three round headed nails, and one missing; this ia intended for a diamond, but the fourth nail is missing.
THOMAS NEVITT (policeman). I received information, and took the prisoners on 22nd Feb., and found 4s. 3d. on Prior, and 2s. 8d. on Pittum, and a knife, some lucifer matches, and two old pocket handkerchiefs—he gave his residence, and I went there, and found this powder flask (produced)—I believe the handkerchiefs are his own—I took off their shoes at Han well station, went to Mr. Burstall's, and compared the marks by putting the boots down by the side of them—the footmarks had been covered with a tiler to keep the wet from them—I found footmarks of the boots of both the prisoners, and traced them from the back door across into the field.
SUSAN CURTIS . I live with my parents at Southall, about fire doors from Mr. Burstall. On the day in question, I saw the prisoners about 10 minutes past 5 o'clock in the afternoon—the shorter one had a white coat, and a smock frock tied over his left shoulder, and under his arm—they stood a few minutes, and then went oh to Mr. Hawkin's orchard gate, and waited there ten minutes or a quarter of an hour.
Pittum. Q. Why did you take notice of those men? A. Because they were quite strangers, and we do not often see strangers there—it is about two miles and a half from there to the West End.
JOHN SPENCER (policeman). I was with Crane on the night in question, and pursued the two men with him; the nearest I got to them was about fifteen yards, when they were on the North Western Railway; the moon
was shining, and I believe Prior to be the man I pursued—I picked up this coat and this slop in the hedge, and these four pairs of boots, and a brush (produced.)
WILLIAM NORRIS NEAVE (policeman). I received information of the robbery on the morning of the 20th—I examined Mr. Bunstall's premises—I saw a quantity of footmarks, and Mr. Burstall, in my presence, put tiles over them to protect them—I went to the field gate pointed out by Susan Curtis, and saw footmarks corresponding with those at Mr. Burstall's—I compared the footmarks with the shoes, and they corresponded exactly—I also traced the footmarks between three and four miles towards where the prisoners were seen.
PITTUM— GUILTY . Aged 35.— Confined Twelve Months.
PRIOR— GUILTY .** Aged 31— Confined Two Years.
JOHN BODGER . I am a warehouseman of No. 8, Gresham-street. On the afternoon of 18th Feb., I observed a boy gliding from the upper part of the warehouse, towards the door—I ran up to the lobby, and saw the prisoner receiving in his coat, from a boy, three pieces of stuff which were my property—they were both strangers—I opened the lobby door, and the prisoner backed out, and ran round a corner, throwing the three pieces outside the door—seeing that others were in pursuit of the prisoner, I returned to look after the boy, and about half an hour afterwards saw the prisoner at the station—I am sure he is the person—the pieces of Orleans cloth were worth about 35s.
Prisoner. I never received them at all; I was at the door, and the boy ran out with them. Witness. He was buttoning them within his coat, but I was upon him too quickly—he was within the threshold of my premises.
JAMES SANDERSON . I am clerk to Mr. Bodger. I was at the back of the warehouse, and heard him call out, "Halloo, there!"—I ran to the door after him, and saw him run round the corner of the warehouse after somebody—I pursued him, saw him stopped, and gave him in charge—I saw three pieces of cloth on the stones outside our door.
GUILTY . Aged 20.— Confined Three Months.
MR. W. J. PAYNE conducted the Prosecution.
ELIZABETH BANISTER . I am the wife of Charles Banister, of No. 4, Whitehead's grove, Chelsea. On 20th Feb., about 3 o'clock in the afternoon, I was with Miss Hallett in Hoborn, standing at the comer of Hattongarden—there were several persons there—we only stopped to make our way across; as we crossed there was a man with a bag on his back, and I looked and saw a man's hand against me—I put my hand on it, and he snatched it away and ran—I ran after him, and hallooed "Stop thief!"—a policeman pursued him, and Miss Hallett also—we never lost sight of him—he also took my handkerchief from my pocket, and threw it down—my purse contained three sovereigns, seven half sovereigns, some crowns, two florins, and several shillings and sixpences—I had changed a 2s. piece a minute before by St. Andrew's Church—the prisoner is the man.
Cross-examined by MR. HOKRY. Q. How do you know that you touched
the hand of the person whose hand was in your pocket? A. Because he snatched it from me, and ran from me—I said, "Oh! I am robbed," and he ran immediately—the prisoner was the first man running—I have no doubt about him, he quite raised my gown—I hare not seen a person named Lyde to day—I may have done so once—nothing was said that I know of about receiving any money.
MARY ANN HALLBTT . I live with Mrs. Banister. On 20th Feb. I was walking with her in Holborn—there was a crowd at the corner of Hattongarden—I stopped to look what it was, and the prisoner was just taking his hand from Mrs. Banisters pocket—she caught hold of it, and he tore it away, and ran down a court in Holborn—I ran after him, and lost sight of him just as he got into the court—a policeman ran after him also—I am quite sure the prisoner is the person.
Cross-examined. Q. Did you see several persons about you? A. Yes, I dare say twenty—Mrs. Banister hallooed "Stop thief!"—I heard her say, "I am robbed," and on that I saw the hand going, and then saw the prisoner run as fast as he could.
JAMES SAYER (City policeman, 235). On 20th Feb. I was on duty, heard somebody call "Stop thief!" and saw the prisoner running dlown the hill in front of a mob—he was caught in a court—I searched him at the station, and found nothing on him—he gave his address, John-street, High-street, Paddington—I could find no such street.
GUILTY .* Aged 20.— Confined Six Months.
JOHN LYDFORD . I am porter to Sampson Copestick and others. On Friray, 22nd Feb., there was a bale of goods outside their pretnises, three or four yards from the door, consisting of ten pieces of calico—the carriers are in the habit of depositing their goods there, and they are signed for by one of our men inside—I saw the prisoner there in the morning, and again between 2 and 3 o'clock, loitering about, and leaning against the case—I missed the calico about a quarter past 4 o'clock.
GEORGE MOORE . I am a porter, out of employment. On Friday, 22nd Feb., I was in Bow Churchyard, waiting to see the last witness—I saw a bale of goods reared up against the wall, three or four yards from the door—it fell down on the pavement, and the prisoner took it up, placed it against the wall, and placed himself against it—I left the premises about 3 o'clock, leaving him there.
Prisoner. I admit I was there, but I did not take it.
HENRY SWANN . I am a carman, and am just turned eleven years of age, I live with my father and mother, and am employed by Mr. Reynolds to ride in the cart, and look out for the goods—I was in Bow Churchyard on 12th Feb, between 3 and 4 o'clock, with my cart; the driver had gone away—I saw a bale of goods on the pavement before Messrs. Copestick's, and saw the prisoner there—he said, "It will do you good if you will carry this," and than he said, "It is too heavy for you," and put it on his own shoulder—there was no one with him, it was on a case at the time—I had seen him before—next morning one of the men at Messrs. Copestick's asked rae about it—I thought it was the prisoner's property.
Prisoner. I should like to know the weight of the bale; the one which I picked up; which fell down, weighed about 1 1/2 cwt.; it Would be impossible to carry it.
COURT to JOHN LYDFORD. Q. What was the weight of the bale? A. From a half to three quarters of a cwt; but there were two; one was unpacked while he was there, that was larger, and would weigh above 1 cwt.
GUILTY .* Aged 18.— Confined Six Months.
(There was another indictment against the prisoner.)
HENRY DOBSON . I am a broker's clerk, and live at No. 12, Bell's-buildings, Salisbury-square. On 1st March, between 1 and 2 o'clock in the morning, I was walking along Cheapside with a friend, and met the prisoner—we walked together to Paternoster-row—I bad been drinking, but not to excess; I was perfectly sober—the prisoner left me after a time, and I missed my handkerchief and purse, containing 3l. 13s. 6d., which had been safe five minutes before—I and my friend ran after her, found her in Warwick-lane, and said, "You have robbed me of my purse"—a policeman came up, she said, "Here it is," and gave it to me with only 20. in it—I saw something in the shape of money in her mouth—a policeman came up and took her in charge.
Prisoner. There Was another female in your company when you spoke to me. Witness. No, there was not—I did not give you the pocket hand-kerchief, I gave you 1s.
Prisoner's Defence. I met the young man with a female, and another friend of hers; he asked me to accompany him up the court; I asked him what he would make me a present of; he said 6d., and his pocket handker-chief, as he had nothing more in his purse than the price of a cab; I would not give him the handkerchief, and he charged me with robbing him of the purse; I never saw it till it was in the policeman's hands at the station.
NOT GUILTY .
(The prisoner not understanding English, the COURT requested MR. PAYNE to watch the case in her behalf, and the evidence was "translated to her by an interpreter.)
JOHN KEELEY . I am assistant to Mr. Fuller, a pawnbroker, of White-chapel. I produce a gold watch, pledged on Friday, 22nd Jan., about 12 o'clock, or a quarter past, by the prisoner—she asked 4l. on it, and I gave her 3l.—she gave the name of Mrs. Ann Nitsch, No. 1, Gower's-walk.
Cross-examined by MR. PAYNE. Q. Had you ever seen her before? A. Never—I know her by her general appearance—she had a bonnet on—she was at the most five minutes in the shop—I had to go away to get the ticket.
Prisoner. I was so bewildered that I did not recollect that I had been there.
JOSEPH BROOKS . I was assistant to Mr. Fryett, a pawnbroker, of Whitechapel. On Tuesday, 29th Jan., about 12 o'clock, this watch (produced) was brought by the prisoner, she asked 4l. on it—seeing that the number was 3446, drew my attention to the list of stolen property, and I found that it was one of some watches which had been stolen from Mr. Dent's—I asked her how she came by it—she said that she went to the Eagle Saloon, and gave a man 1l. for the ticket, and took it out of pledge—I
sent for a policeman, and gave her in charge—the spoke English with a foreign accent, she could not understand much, but I could understand all she said.
WILLIAM BARRY (policeman, H 88). I was sent for by Brooks and took the prisoner—she said that she lived at No. 34, Grower's-walk, which I found to be correct; and that she had bought the ticket of a man at the Eagle Saloon for 1l., took it to Addle-street, in the City, and took the watch out of pledge—I afterwards went and found that there was no pawnbroker there.
HENRY NEWTON . I am manager to Josiah Dent, these two watches are his. On 19th Jan. I gave twenty-one watches to Joseph Charles, an assistant, to take to Addle-street to show to a person named Fisher, and all the watches were stolen from him.
JOSEPH CHARLES . On 19th Jan. I received twenty-one watches from Mr. Newton and took them to James Fisher, in Addle-street—I saw him on the first floor, and gave them to him—he said that the lady had been, and had gone—I went on the 21st, took them again, and gave them into Fisher's hands—he said that a lady was waiting—she was to select three or four—I left them in his custody, waited in his office, and, after some time, went into the adjoining room and found that he had gone, and all the watches also.
NOT GUILTY .
PLEADED GUILTY. Aged 23.— Judgement Respited.
MR. PLATT conducted the Prosecution.
GEORGE HILL . I reside at No. 1, Northumberland-grove, Tottenham, and have a contract with the New River Company, for the supply of washed gravel—we call it filtering material—I had a large quantity of it on my wharf, at Tottenham, about the middle of Feb.—John Hall, of Camdentown, was employed to cart the gravel from the wharf to Stoke Newington—I have seen eight or ten loads of washed gravel on the premises of Mr. Chartress, a florist, of Hanger-lane, Tottenham—I am not present when the gravel is raised, I have servants there to do it—I superintend the working—it is a peculiar kind of gravel, it is raised at Ware Park, and when it comes to Tottenham I have a process there to sift and sort it into seven different sizes, by one process—we call it screened gravel, and when done it is an unusual kind of gravel, to which I can speak—the gravel found on the premises of Mr. Chartress is the same kind as that on my wharf, and I believe it to be part of what was lying there—I have a sample of it here (produced)—looking at this, I can say that it is of the same appearance as that on my premises.
Cross-examined by MR. ROBINSON. Q. Do you call this gravel? A. Yes; it is gravel that has been washed—I am a contractor—I am a veterinary surgeon by profession, and do not deal in it except in the disease of that name—I was not brought up to the gravel business—I will undertake to swear that that gravel before you was taken from Mr. Chartress's premises, and is mine—I have no other way of swearing to it except by the similarity—I have frequently seen such a stone as this before, which was not on my premises, and this other stone, and this—it is the mixture which enables me to say that it is mine—you have a mixture in that bag of Nos. 1, 2, and
3; the largest is No. 1—the only difference is the size—this small one would be No. 1 if it was large enough.
JOHN HALL . I live at Camden-town, and contract with the last witness to cart gravel for him from Tottenham wharf to Stoke Newington—Prike aud Clarke were employed by me as contractor for the last six months continually—from information I received, I went to the premises of James Chartress and saw there about ten loads of gravel of this description—I recognize it—it is a particular kind of gravel, and I have no doubt at all that it came from the wharf—I am conversant with the neighbourhood from which the gravel is taken, and I do not believe there is any similar to it in the neighbourhood.
Cross-examined by MR. ROBINSON. Q. Do you swear to this? A. I swear to it being the same kind—I judge by the size of it—No. 1 was shot in loads, and No. 2 in loads—it is not common to screen gravel into seven sizes—I should not think there were seven sizes at Mr. Chartress's, I think there might be four sizes in the different heaps which were shot at different places on the road—I have had much to do with gravel in the course of my career, and have never seen it worked before, or screened into more than one size—I had about twenty persons in my employ—the prisoners have been about six months in my employ—I had a pretty fair opinion of them—I have a foreman named Parker, he is not here—it was the prisoners' daily work to remove gravel—there was a clerk of the works to superintend it, who gave them directions at times—Mr. Hill has got a foreman there.
JAMES CHARTRESS . I am a florist, of Hanger-lane, Tottenham. My place of business is in the City—about seven weeks ago, Chalkley came to my house, and sent a message in by my servant when I was at breakfast—I went out, and spoke to him, and he said that he knew a man who had got some rough stuff to sell—I said, "What is the price?"—he said, "4s. a load"—I said, "A single load or a double load?"—he said, "A double horse load"—I should imagine from the amount I paid him, (it was about 2l.), that I purchased ten loads of him—I saw one load come to my premises, and did not like the appearance of it, it was too small, but I received some more—when I found that it was stolen, I gave directions to my men, and declined to take any more—Chalkley is the man whom I paid for it: I never saw the other person—I leave early in the morning—I saw the gravel on my premises—this is the same kind—it appears to me to be something like it—five distinct samples are on my premises.
Cross-examined by MR. SLEIGH. Q. I believe you had known Chalkley some years? A. About three years—he is a remarkably civil man, whom I should put every confidence in—he is decidedly an honest, well conducted, industrious man—when he came to me, he said that I had intimated to him that I wanted to buy some gravel, but I did not recollect it: it is possible—it appears that the price I paid was not a fair and reasonable one, but I did not know it—it was quite as much as it was worth to me—it is rather uncommon for persons in Chalkley's position in life to buy and sell gravel, but I asked him to buy it for me—I never bought such a thing in my life before, and never sold it.
COURT. Q. What is Chalkley? A. He works on the roads, and has done so nineteen years—he is a very respectable man.
ROBERT CATTLIEU . I am foreman to Mr. Chartress. I saw a sort of gravel and shingle carted to his premises—this (produced) may be a small portion of it—I believe Prike to be one of the men who came with the cart, but Chalkley received the money for it—there was another man with
the other cart, but I did not notice him—this was about 12th or 13th Jan.—a fortnight ago this morning Chalkley came to me, and asked if my employer had left any money for him—I said, "Certainly not"—there had been three loads shot the day before—my master had told me that he would not receive any more, and I told Chalkley so—I have seen my employer pay him money, but I do not know how much.
Cross-examined by MR. SLEIGH. Q. This conversation with Chalkley was on Wednesday; when was he taken into custody? A. On the Friday evening—I did not go with the officer to take him—I do not know that he was taken at the place where he lives—he never told me that he had been asked by a man to sell the gravel for him—I said that there was something suspicious about it, and he said that Mr. Hall told him that morning that Mr. Chartress could have as much as he thought proper.
THOMAS MOULTON . I am a labourer, in the employment of Mr. Chartress. I recollect Prike and Chalkley carting some gravel to my master's house—on 14th Feb. was the first time—I am sure they are the two men—the carts belonged to Mr. Hall—I am certain of that; I saw Mr. Hall's name painted on them—it was the kind of gravel produced—I saw my master pay Chalkley, but how much. I cannot say—I met Chalkley one morning at the Manor-road, and he told me that Mr. Chalkley had only given him 3s. a load—my master told me not to receive any more gravel.
Cross-examined by MR. ROBINSON. Q. Did you ever see these two men before? A. No—I can swear to them from ten thousand, although Prike had a different dress on—I swear to his features.
COURT. Q. How often did they come? A. Sometimes once and sometimes twice a day for five or six, or eight or nine days, I cannot say exactly.
COURT to JOHN HALL. Q. Had you ever told Chalkley that Mr. Chartress might have as mnch of this gravel as he liked? A. Never—I knew Chalkley by seeing him pass up and down the road—Prike and Clarke acted under the orders of Mr. Hill's foreman—he is not here.
(Chalkley's statement before the Magistrate was here read as follows: "Mr. Chartress, about a month or five weeks ago, applied to me to know where he could purchase some gravel; a man I never saw before said as I was working on the road, that he had some gravel to sell at 4s. a load, and I was to pay the carter who brought it 3s. a load, and retain the other shilling myself; I have never seen the man since."
(Chalkley received an excellent character.)
NOT GUILTY .
GEORGE EYRE . I am a baker, of No. 17, Hatton-wall, and am in the habit of receiving orders for the delivery of bread from the clergyman of the parish. About 6th Feb. the prisoner came, and gave me this paper—(Read: "Mr. Eyre, please to supply Mary Kelly with one 4 lb. loaf. George Mansfield")—I asked her where she got the ticket from—she said that she went to Mr. Mansfield's house—I gave her the loaf, and she went away with it.
THE REV. GEORGE MANSFIELD . I am incumbent of St. Peter's, Saffronhill. This order is not in my writing, or written by my authority—the prisoner called at my house six or eight weeks ago, late on a Saturday evening, and represented herself as in great distress—she gave the direction
of Wood, 8, Saffron-hill—she did not come to me in Feb.—I had given her some orders previously.
Prisoner's Defence (written). "I have no knowledge of the ticket except being asked to sell it by a person who had before given me similar tickets; I was in distress, and accepted the trifling remuneration; my father was a clergyman, and once held a minor canonry in Canterbury Cathedral."
GUILTY . Aged 29.—(The prosecutor stated that he believed her connections were very respectable, but that she had been carrying on the system for a long time, a great number of tickets in his and other clergymen's names being found upon her.)— Confined Six Months.
(There was another indictment against the prisoner.)
OLD COURT.—Thursday, March 6th, 1856.
PRESENT—Mr. Justice WIGHTMAN; Mr. Justice ERLE; Sir FRANCIS GRAHAM MOON, Bart., Ald.; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before, Mr. Justice Wightman and the Fourth Jury.
MESSRS. BODKIN and CLERK conducted the Prosecution.
MARY ANN BENNETT . I lodged in the same house as the prisoner, in Portland-street, Soho. The prisoner and his wife lived on the ground floor of that house—they kept a shop for the sale of cigars and tobacco—they occupied the shop and back parlour—the shop opens into the back parlour—there were other lodgers in the house—Mrs. Bousfield attended to the shop—her Christian name was Sarah—there were three children—the prisoner was at home during the day—on Saturday night, 2nd Feb., at half past 12 o'clock, I went down and rapped at their parlour door—I wanted three bundles of wood—they sold wood—I asked for the wood—Mrs. Bousfield answered me—she said they were in bed, and could not oblige me with the wood—the prisoner was at that time in the room, and in bed—I heard his voice—Mrs. Bousfield spoke in a very cheerful voice—I had seen them together several times on that day—they appeared to be on very good terms—I never saw Mrs. Bousfield alive after that Saturday—I had lived in the house with them about two years—they often had words, I mean now and I then, occasionally, because he did not provide for his children—Mrs. Bousfield said that to him several times—I never heard him make any complaint to her, or of her.
Cross-examined by MR. BALLANTINE. Q. I suppose you knew nothing of his circumstances? A. No, nothing whatever—he was at the theatres at night, in some employ there—he got very little indeed by that—I knew nothing about the way in which he lived, or the state they were in at home—the eldest child was six years old, the other four, and the other ten months—I have occasionally seen him nursing the two younger children—I have not seen him kissing them.
ALFRED FUDGE (policeman, F 68). I was on duty at the Bow-street police station on Sunday morning, 3rd Feb.—a little before 7 o'clock that morning, the prisoner came there—I met him in the passage of the station—he
tried to pass by me—I stopped him, and asked where he was going—he said, "I am going in here"—I said, "What are you going in there for?"—he said, "To give myself up; I have murdered my wife"—I asked him where his wife was killed—he said, "No. 4, Portland-street, Soho"—I then took him to the inspector, Mr. Dodd—I searched him, and found a latch key upon him, which I gave to the inspector.
WILLIAM DODD (police inspector, F.) About 7 o'clock, on Sunday morning, 3rd Feb., the prisoner was brought to me at the station house by Fudge—he said, "I have killed my wife"—I said, "What do you mean? where is she?"—he said, "In the back parlour"—I said, "Where do you live?"—he said, "No. 4, Portland-street, by Wardour-street"—I ordered him to be searched, which was done by Fudge, in my presence—I found upon his neck a large wound, covered with blood—it was then bleeding over his clothes—there was a large cut on his left band, which was also bleeding, and his hand was covered with blood—I sent for the divisional surgeon to dress his wounds—Fudge found on him a latch key, which I took, and went to the house, in Portland-street—I opened the street door with that latch key—I broke open the back parlour door—on a French bedstead, in thatroom, I found the body of a woman lying on her back, with her head on her left side, and a large cut on her neck, under the right ear, about four inches long, and covered with blood—she was dead—I sent Fudge for the nearest surgeon, and he came immediately—he arrived in the house at a quarter past 7 o'clock—I also found in the same bed the dead body of a child, about four years old—the head of the child was towards the foot of the bed, and the right knee close to the shoulder of the woman—the left leg was hanging down the side of the bed—there was a wound on the neck, covered with blood—I also found in the room the dead bodies of two other children—one was in the same bed—that was a male child, about eight months old—it was on the further side of the bed, with its head near the wall—the other child was in a press bedstead, in the same room—that appeared about six years old—they were quite dead—they had similar wounds in the neck—under the body of the woman, in the bed, I found the handle of a razor, covered with blood—the blade of the razor I found under the body of the youngest child, on the same bed—that was also covered with blood—I also found a chisel on the pillow, close to the head of the woman—it was covered with blood—the blood was still wet—there was a great quantity of clotted blood between the dead bodies on the bed, and a great quantity of blood on the floor—I traced the blood from the side of the French bedstead, across the shop—there was a great deal of blood about the shop—I afterwards went back to the station, and saw the prisoner—I told him he was charged with the wilful murder of his wife and three children—he said, "That is all right"—on the following Wednesday I searched the room, and under a door, near the foot of the bedstead, I found the sleeve of a shirt, completely saturated with blood—I afterwards saw the prisoner's shirt—the sleeve fitted it.
JAMES HATHAWAY . I am a surgeon, at 36, Berwick-street, St. James's. I went to the prisoner's house at the desire of the inspector—I noticed the dead body of a woman in a French bed there—I found a transverse incision on the right side of the neck, four inches in length, separating the jugular vein, and almost the common carotid artery—death would follow almost immediately from such a wound—I should say she had been dead two or three hours at least—I was there within three minutes after I received the message, and it was a quarter past 7 o'clock exactly when I got there—the wound was most probably inflicted with this razor.
Cross-examined. Q. Did you examine the wound on the neck of the prisoner? A. I never saw him except at the police court.
WILLIAM DODD re-examined. The surgeon who examined him is not here—he was not asked for at the police court, he lives in Brydges-street, Covent-garden—I saw the wound, but it was a good deal covered with blood—it did not appear to be a very severe wound, it appeared about an inch long—it had not separated any of the veins, it appeared to have gone just through the skin—it looked like a clean wound.
JOHN M'LAUGHLIN . I am a warder in the House of Detention. On Tuesday, 5th Feb., I searched the prisoner there—he had on a shirt, the right sleeve of which was wanting, the shirt was very much marked with blood—I asked him on the Wednesday, in the presence of the inspector, if he knew anything about the sleeve—it was not found at that time—he said he knew nothing of it—I afterwards saw the sleeve produced by Mr. Dodd—it was said in my hearing, that that was the sleeve, and it matched the shirt.
CHABLES GERMANUS VENES (policeman, F 88.) Examined by MR. BALLANTINE. I was examined both before the Magistrate and the Coroner—I was present when the prisoner came to the station—while he was being searched he was standing by the mantel piece—I had hold of his arm, and he threw himself forward, as if to hit his head against the mantel piece—I put my hand against his chest and prevented him—he said, "Kill me, kill me out of the way"—after that his hand was dressed by the divisional surgeon, and he wanted to be put in a cell—he asked me to send for a doctor to his poor wife.
GUILTY Aged 29.— DEATH .
MR. LOGIE conducted the Prosecution.
AGNES WILLIAMS . I am a single woman, living with my mother, at No. 4, Paradise-street, St. Pancras. On Wednesday morning, 27th Feb., I met the prisoner at the Bell public house, with my sister, between 8 and 9 o'clock—my sister was lived with him for ten years—she had come to our house the night previous, and stopped all night—after leaving the Bell we went home—we live just through the Bell—the prisoner came to my mother's—my sister was down stairs when he came in—he first went up stairs into my mother's room, and he made use of very bad language towards me, and he then directly ran down stairs and fetched the knife, and cut me across the skull with it—he said, "You b——wretch," and said he would cut my b——throat; he had got his revenge then, and he thought he would do for me then if he possibly could—he had the knife at the time he said this—he ran down stairs to fetch the knife after he said this, and he beat me down stairs as well—he did not come back again after going down stairs—I took the knife out of his hand, and then he ran away—when be went down stairs to fetch the knife, he came back again with it—he beat me first upstairs in my mother's room, and then down stairs in the back parlour—he cut my head with the knife, and attempted to cut my throat, and had I not taken the knife out of his hand, he would have done so—he said, "I have got my revenge of you now, and I will cut your throat"—I said, "Oh! pray Dick, don't do that, for the sake of my poor old mother"—he beat me several times across the top of my head with the knife—it is a rusty knife, this is it (produced)—he held it by the handle in this way, and chopped me several times on the top of the head—the blood is on it now—there was no handle
to it—when I got the knife out of his hand he ran away, and I went after him—my sister was not present while he was beating me with the knife—she ran away to get the constable as soon as she saw him commence beating me—she saw him chop me several times across the head with the knife, and she was frightened—she did see it—I had not struck him at all.
Prisoner. Q. Were you sober at the time? A. Certainly—I had not pawned your boots that morning—my sister pledged them—they were her own boots that she worked hard for—I did not take up part of a paving stone, and attempt to hit you on the head with it—I did not then go into the back parlour and take up the knife, and attempt to strike you with it—you did not wrest it out of my hand, and I did not seize you by the ear with my nails—you attempted my mother's life as well as my sister's, and it is not the first time you have attempted my life.
MARTHA WILLIAMS . I am the sister of the last witness. I have been living for ten years with the prisoner—I was at my mother's house on the morning of 27th Feb.—I remember the prisoner coming there—he first struck me outside the Bell—he afterwards came to my mother's—I heard him say to my sister, "I will have my revenge of you now, I will take your life"—this was in the first floor back room—there was no one else present besides myself, my sister, and the prisoner—I held the handle of the door in my hand—I saw him going to strike her—all she said was, "For God's sake, Dick, don't hurt Martha no more than you have done," and he took the knife, and repeatedly chopped her across the head with it—I think he got the knife from down stairs, but I cannot say—I met him on the stairs with it, and he went up into my mother's room and repeatedly struck my sister there on the head—he chopped her several times on the head, and, being afraid, I ran away—I cannot say what he was doing with his other hand—he is a bad man, and I have forgiven him many times.
Prisoner. Q. Where did I see you that morning? A. Having part of half a quartern of gin, when you struck me a blow at the back of my head—that was at the Bell—I was quite sober—I had pawned my boots to get some breakfast—you struck me twice in the face with a half quartern leaf—you did not ask me to go home with you and make up the money that I had pawned your coat for—you unlaced my boots, and took them off my feet, and even took my bonnet—I did not tell you I had pawned my boots, and released my scarf—I had not pawned my scarf—I did not ask you to get my boots before I went home with you—my sister did not come up and prevent my going with you—she did not call you abusive names—you struck me twice outside the Bell with the half quartern loaf, and you struck another female—my sister did not take up a stone to you—I suppose this knife belongs to my mother, I do not know—I only saw you make use of it, I cannot say who it belongs to—Agnes scratched your face—that was when you were chopping her, to save her own life—she rescued the knife from your hand, I believe, but I was not there then, I went for a policeman—I brought two policeman, because one said he was so much afraid of you, that he would not take you without another one to assist him—you have several times attempted to out Agnes's throat—you did on this occasion—I heard you say you would have your revenge.
JAKES TAYLOR (policeman, N 219). On this Wednesday morning I was called by Martha Williams—I found the prisoner in the street—the prosecutrix's head was bleeding very much, and she had this knife in her hand—I told the prisoner I had him in custody for a murderous assault—he said it served her quite right.
GRIFFITH RICHARD JENKINS . I am a surgeon at the Royal Free Hospital, Gray's Inn-road. Agnes Williams was brought there on the morning of 27th Feb.—I found a severe contusion on the left side of the forehead, a contused wound, about half an inch long, on the top of the head, and several contusions on the sides and back of the head—the skin was broken of the wound on the top of the head—I believe the injuries I saw might have been produced by such an instrument as this.
COURT. Q. All of them, or only the contused wound? A. The contused wound might, but I should rather say that the contusions were effected by some blunter instrument—I do not think any of them, except the contused wound, could have been inflicted by it—I treated her for these injuries—scalp wounds are always more or less dangerous—they did not go to the bone—they may turn out unfavourably—they are not in themselves dangerous—if erysipelas comes on that might make them dangerous, not other-wise—no ill symptoms have shown themselves at present—the wound on the top of the head is not quite healed yet—the contusions might be produced by a fall—the wound was a cut, not a bruise only—the edges were abraded as well as cut—it was such a wound as a blunt instrument would effect—I think there were five or six separate contusions on the head.
(The prisoner, in his defence, stated that he had lined with the prosecutrix's sister for ten years, and that when sober he had no fault to find with her, but that her sister was constantly tempting her to pledge her things and spend the money in drink; that she had done so on the occasion in question, and also pledged a coat with which he had been entrusted; that he went to try and persuade her to return home with him, and found both herself and sister very tipsy and violent; that the prosecutrix took the knife to him, and on his wresting it from her, scratched his face, when he hit her on the head with the flat part of the knife.)
NOT GUILTY .
Before Mr. Justice Erle.
MR. COOPER conducted the Prosecution.
JOHN PARSONS . I am chief boatman of the Royal Humane Society, at their station on the Serpentine, in Hyde Park. On Wednesday morning, 13th Feb., about 7 o'clock, I saw something floating in the Serpentine—I put off in a boat, and picked up the body of a female child, about seven months old—it was quite dead—I was present when Dr. Christian examined it, an hour afterwards—I afterwards took it to the Rose and Crown dead house yard, Knightsbridge, and mentioned the circumstance to the police.
Cross-examined by MR. SLEIGH. Q. In what part of the Serpentine did you find it; near the receiving house? A. Quite at the other end, about forty yards from the east end of the Serpentine, about forty yards out from the grating—it was out in the deep part.
CHARITY SUSSON . I am matron of the workhouse of St. Luke's, Chelsea, and am the wife of Daniel Susson. On 6th Feb. the prisoner was admitted into the house with her baby—she left next morning with it—on the 8th she deserted the baby, and it was brought to the house—on the 11th she was found, and brought to the workhouse, and on the 12th she took the baby away
with her in the morning—I gave it to her myself between 10 and 11 o'clock—I have seen the child since its death—it was the same child, and had on the same clothes.
Cross-examined. Q. When she left on the 7th, did the appear in a very distressed condition? A. She did not appear so to me, she did not say so—I did not see that she appeared troubled and distressed in her mind, I only saw her going through the door with the baby in her arms—she did not wish to remain.
MR. COOPER. Q. Had you known her before? A. Yes, she had been in the house before the baby was born—she appeared the same as she had always done—she could have remained there then, but the longest time she remained was about three days, I believe, before the baby was born.
MARIA WHITE . I am the wife of John White, of No. 69, Arthur-street, King s-road, Chelsea. I have known the prisoner upwards of two years—her child was born on 22nd July last, in the York-road Institution, Lambeth—on the Tuesday morning, the day before it was found drowned, she brought it to me about 11 o'clock—she said that she would try and get a situation, and put the child out to nurse—she said she was in great distress—I know that to be true—it was an illegitimate child—I took her to Mrs. Purdy's lodging house, and left her there at a quarter to 3 o'clock.
Cross-examined. Q. I believe she has been entirely deserted by the father of the child? A. I consider so—I knew her when she was in service, she was a good servant—ever since this child was born she has never cared for herself, or been the same person—I never saw her behave otherwise towards the child than with the greatest kindness—at the time she came to me she was in great distress, she had not had a bit of food to eat that day, or anything to give her baby, or any means to get a night's lodging—the child was very ill, and had been ailing for some time before—on this Tuesday it was very ill.
MART PURDY . Mrs. White brought the prisoner to my house between 2 and 3 o'clock—she had the baby with her—she said she was destitute, and had no money—I said, "Never mind for money, you shall stop and sleep at my house all night, and don't take the baby out in the wet this night"—she left my house at a little past 6 o'clock with the baby, so I understood from my servant—I did not see her just before she left.
JURY. Q. In what state of health was the child at that time? A. It looked very poorly indeed—she looked very forlorn and destitute.
COURT. Q. Did the child appear ill? A. Yes, ill and sickly, and faint like—I told her to go into my kitchen, and get some food to feed the child, which she did, and warmed it, and the child looked very refreshed when she left—it was a very wet, cold night) and I gave her leave to stop all night, without money.
ELLEN GRIFFIN . I am the wife of Matthew Griffin, a labourer, of Little College-street, Chelsea. The prisoner came to lodge at my house about a fortnight or three weeks before I was examined before the Magistrate, which was on 26th—she had no child with her then—she remained at my house seven nights, and then left—she returned about 4 o'clock on the Wednesday morning—before that the gentlemen of the parish had taken her into custody for deserting her child, and she was away two nights, and then she came about 4 o'clock on the Wednesday morning—I had not then heard of the child being found in the Serpentine—when she came in, she was very wet and dirty, her petticoats, stockings, and boots, and frock were very wet—I asked her how she had got on with the gentlemen at the workhouse, and where
was her baby—she said the parish gentlemen bad sent it to her own parish—I said, "Who is to pay the parish for the baby?"—she said the father of the baby had allowed her half a crown a week for fourteen years, and he was obliged to pay it to the parish—I asked her where she bad been to get so wet as she was—she said she had been to see her baby in the train, with the soldiers going abroad—I said, "Poor little thing, what has it about it?"—she said an alpaca cloak and a hat"—I said, "Who is nursing it, or what has it got to eat?"—she said, "A man is nursing it, and he has got milk in a bottle, and something else, and it will sleep all the way"—she said, "Now it is gone, thank God it is gone! I hare had a heavy burden with it"—about 11 or 12 o'clock in the morning, Mrs. White came in—she said to the prisoner, "Hannah, where is your baby, and what hare you done with it?"—she said, "It is at No. 23, Crawford-street, across the park"—I said, "Hannah, you have told me contrary to that," with that she burst into tears—she asked me for a new portmanteau, which she had, to fetch the child's clothes—I said if she would fetch the child for my satisfaction, I would nurse it for her—she said she would return with the clothes and the baby—she then left, and I never saw her again until she was in custody.
Cross-examined. Q. When she came at 4 o'clock in the morning, did she go to bed, or sit up? A. I had to go to work, and I lighted the fire, and she dried her clothes by the fire, and then laid down till Mrs. White came in—she undressed herself and put her clothes on the chair—they were very wet.
ROBERT HUBBARD (police sergeant, A 35). On Monday, 18th Feb., from information I received, I went to the Rising Sun public house at Knightsbridge, about a quarter to 9 o'clock in the evening, and found the prisoner—I was in plain clothes—I told her that I was a police officer, and asked her if her name was Hannah Brumwell—she said, "Yes"—I said, "I apprehend you for drowning your child in the Serpentine, a female child about seven months old"—she said, very unconcernedly, "I did not do it"—I said, "You certainly know who did do it, but I don't want you to make any statement to me unless you like"—she said she was sitting near the marble arch, in Hyde-park, about seven o'clock in the evening, crying, and a gentleman passed, and asked what was the matter with her; she said she had a poor little baby in her lap that she had had by a young man, that she was quite destitute and had no place to go to; that upon that, the gentleman said, "Oh, give me your child, I will relieve you of that burden," and she gave the child to the gentleman, and the gentleman gave her a shilling, and left her sitting on the seat—I took her to the station, and charged her on suspicion of drowning her child—she made just the same remark to the inspector.
JAMES STANLEY CHRISTIAN . I am a physician and surgeon, and live at No. 1, Ovington-terrace, Brompton. On 13th Feb. last, my attention was called to an infant child by Parsons, it was at the receiving house—it was quite dead, and appeared to have been dead many hours—rigidity had quite taken place—I carefully examined the body—there were no marks of violence—it was a very ill cared for emaciated child—I made a post mortem examination two days afterwards—I examined the whole body—I was unable to arrive at any opinion as to the cause of death—I have not formed any opinion now—there was disease in the internal parts of the body, but not sufficient to produce death—there was disease of the mesenteric glands—that frequently accompanies bad sustenance and want of food—it proceeds from scrofula—I should say that disease universally accompanies want of
care and nutrition—it is not immediately fatal, it lowers the powers of life—I know that this child was taken from the water—but the greater portion of the symptoms of drowning were wanting, almost all of them.
Cross-examined. Q. Consistently with the post mortem appearances, might it have died from disease. A. It might.
JURY. Q. What was the nature of the contents of the stomach? A. There was a small quantity of undigested gruel in the stomach—I made a note of about twelve of the ordinary symptoms of drowning, and nine of those symptoms were wanting in this child—my impression is, that it did not die of drowning—if the powers of life had been greatly lowered before the gruel was given, it would probably remain undigested—there was no disease of the intestines, they were pale and wanting blood—I cannot say that the child did not die by drowning, it is possible it might, bat my opinion is that it did not—the most marked symptoms of drowning were wanting.
NOT GUILTY .
Before Mr. Justice Wightman.
346. JOSEPH TAYLOR was indicted , for that he being a seaman employed on board a ship, and being in a state of drunkenness, unlawfully did an act tending to the damage of the said ship. 2nd COUNT, omitting to do an act, while in a state of drunkenness. 3rd COUNT, for neglect of duty.
MESSRS. BALLANTINE and POLAND conducted the Prosecution.
DAVID WILSON . I am the chief engineer of the Marley Hill, and was so on 23rd Jan. last—she is an iron screw steamer, belonging to the General Iron Screw Collier Company—she returned from the Crimea on 23rd Jan., and came into Limehouse Hole, in the river Thames—I left the ship about 4 o'clock that afternoon with Milligan, the third engineer—I left the prisoner on board, the second mate, two Custom-house officers, and some of the firemen, that were getting the things over the side—the prisoner was the second engineer—before leaving the ship I went into the engine room—I examined it, and looked at all the cocks—they were all in a proper position—there was about six or seven inches of water in the engine room when I left—the cock in question is called a "sea cock"—it is attached to the ship's side for the purpose of supplying the ship with water when wanted—it is considerably below the level of the water outside, and when it is turned on the water flows abundantly into the vessel—I returned to the ship, about a quarter after 10 o'clock next morning—I then found seven feet of water or upwards in the engine room—that could not have come from leakage—the prisoner and I had had no quarrel of any consequence before this, a little jangling on the passage, nothing more than that.
Cross-examined by MR. PARRY. Q. When did you see the prisoner on that day? A. About an hour before I left the ship—about 3 o'clock in the afternoon—the sea cock had not been left turned on during the voyage—I am positive of it—there was no complaint about it at Malta—I should have known if anything had happened—I should have been considered to be somewhat to blame—it would decidedly have come to my knowledge—I left it shut on this occasion, and on the following morning I found it partly open—it was not left open at Malta, or Gibraltar, nor anywhere that I am aware of nor at any part of the voyage—we got to Limehouse Hole between 12 and 1 o'clock in the day—we had not been paid off—I had not received my wages—we were still on doty as long as there was any duty to be performed in the engine room—the prisoner was
employed in the engine room, he should have been there—there were no orders given that he should not be allowed to go into the engine room—prior to my going on shore I left orders with the chief officer that he was to allow no one into the engine room, but I did not allude to any person connected with the engine room—I thought there was no one on board connected with the engine room—I left the ship in charge of the mate—the defendant might have gone on shore if he had pleased, there was nothing to prevent him—I believe the whole of the crew were ashore—I believe there was nothing more to do on board—we did not know that we might not have to get up the steam again, we might have had orders—I am sure the sea cock was shut when I left—I did not lock the engine room—it is not locked generally—there is only one legal entrance to the engine room—you may drop in from the stoke hole hatchway, a height of twenty feet; and there is another, but rather an awkward passage, through the man hole in the steam chest, immediately over the centre of the boiler—I do not know that anybody has ever gone that way—it is called a man hole, because it is intended for a man to go through, to get into the boiler—I left no one in charge of the engine room but the mate.
WILLIAM MILLIGAN . I was third engineer on board the Marley Hill, and came over in her from the Crimea—we arrived at Limehouse on 23rd Jan.—I went ashore at 5 o'clock—I believe Taylor was then on board, and the chief mate—I saw that everything was right in the engine room a few minutes before going ashore—the sea cock was shut—it is difficult to move, it requires the whole strength of my one arm to move it, either to open or shut it—it is used for different purposes, either to pump water in or out, or to pump water into the boiler, or on deck, to wash the decks—it could not be opened by a person merely walking casually past it—nobody could open it by knocking against it—I went into the engine room next morning about 6 o'clock, and found between six and eight feet of water in it—I did not see the cock at that time, it was covered with water—I have never known more than two feet of water in the engine room in the worst weather—I am certain that quantity of water could not have come in if the cock had not been opened.
Cross-examined. Q. Were you with the vessel during the whole voyage? A. Yes—I recollect her at Malta, I do not know anything about the sea cock getting open there—I never saw it—excuse me, I merely came here to speak of what I have seen—I do not know that it was open at Malta, either going out or coming home—there was a little circumstance occurred at Gibraltar, which had nothing to do with me at all—the fact of the matter was merely this, one Sunday night there was an alarm given of water being in the ship, I saw that there was a little water in the ship, but how it came, or where from, I know not—it was not anything of consequence—that was at Gibraltar, going out—I do not know that it was owing to the sea cock being open—I did look—I did not look at the cock, because I did not know where the water came from—nobody was blamed about it at the time, nor afterwards—I heard no suspicions whatever of any person—such a thing might very probably happen by accident—the ship did not leak at all, not to any extent, not to be noticed—she leaked a very little from the stern post, it had to bewedged in several times, on account of the leaking—it was merely a drip, a continual drip from the stern post—nobody was blamed about the sea cock at Gibraltar—I was not, nothing was said to me about it—no complaint was made that it ought not to have been, or anything of that kind—there was rather more water than usual in the hold—I suppose
there was about two feet at that time—I do not know whether the sea cock was open or not—I neither saw it open or shut.
MR. BALLANTINE. Q. Whatever might have occurred at Gibraltar, did you see that the sea cock was closed before you went on shore on this particular night of the 23rd? A. Yes, every cock in the ship—I am positive of it—the water I found in the engine room could not have been accounted for by any leakage behind, I am positive of that—no blame was attached to me for what occurred at Gibraltar.
ISAAC PEARSON . I joined the Marley Hill at Malta, as second mate—the chief mate left us, and the captain then placed me as chief mate—I was acting in that capacity when we arrived in the river, on 23rd Jan., and anchored off Limehouse Hole—I recollect Wilson and Milligan going on shore in the afternoon—I and two Custom-house officers, and a boy, were left behind—I do not remember the Custom-house officers ever leaving the deck—nobody could have gone down into the hold without my seeing them, or without the persons on deck seeing them—the prisoner was lying asleep between decks—the chief mate and I called him, and he came up about 10 o'clock—nobody had been in the engine room between 5 and 10 o'clock—about 10 o'clock I was below in the cabin and heard a noise on deck—I heard the cabin hatchway go back—it could not be locked because the key would not fit it—I jumped up to see who it was, and saw the prisoner going down the engine room—I told him he could not go down, for I had had orders from my superiors not to let him go down—I had had general orders from the engineer—he replied, "Be d——all about that, I shall go down when I think proper"—he tried to force his way down, I stopped him, and he was violent towards me—he got into the room—he said he wanted a pair of boots—he remained there about half an hour—I was in the engine room with him About five minutes, I then came up and left him—he asked me where the first and third engineers were—I said they went on shore at 5 o'clock—he said it was a d——pretty thing to be left there—I said that was none of my business—he said, "The old b——shall pay for it"—I asked him who he meant—he said, "Old Wilson"—he had been very drunk during the night, bill he was better then than he had been—I could not say that he was perfectly sober—I know nothing about who came on deck, or had access to the engine room after 6 o'clock—up to 6 o'clock I kept on deck—nobody went into the engine room before or after that, to my knowledge, but the prisoner.
Cross-examined. Q. How many ways are there of getting into the engine room? A. I believe there are several—no one could get in without being Seen by the watch on deck—I was one of the watch till 6 o'clock, and the Custom-house officers were also on deck—I was only with the vessel a month—I was at Gibraltar, on the way home—there was no complaint of water in the hold there, nothing till we came to London—when I left the deck, at 6 o'clock, there was only me, and the two Custom-house officers, and a strange man on board—there was only me and a boy belonging to the ship's company—the prisoner was not sober when I saw him at 10 o'clock at night—he was not no drunk as not to know what he was about—I think he did know what he was about—he had been very drunk.
JOHN DEAN . I am a Custom-house officer. On 23rd Jan. I went on board the Marley Hill—I went on board in the morning at Gravesend, and remained on board until Friday, at 12 o'clock—I was on duty there on the afternoon of the 23rd—the men were employed in the engine room on the 23rd—the last time I saw anybody in the engine room was between 9 and
10 o'clock at night—I then saw the prisoner there, and Pearson—before that I had not seen anybody there—I did not see anybody go there after that up to 12 o'clock; at 12 o'clock I was relieved by my brother officer, Robert Graham—it was not my duty to keep a watch upon the persons, only upon their movements, and their leaving the vessel, or anything of that kind, and to examine their baggage—I noticed everybody coming to or leaving the vessel.
Cross-examined. Q. Were you not off deck, and down below for ten minutes? A. No, not a second—I swear that.
ROBERT GRAHAM . I am a Custom-house officer. I relieved Dean on board the Marley Hill, at 12 o'clock on the night of the 23rd—I remained in charge of the deck till 6 o'clock the following morning, with the exception of three minutes, when I was speaking to the captain, at 1 o'clock in the morning—during that time I believe it to be impossible that any one could have gone down without my hearing them—while I was on deck no one could—there might be a private entrance, without my hearing them.
Cross-examined. Q. Were you not in the cabin as much as ten minutest? A. I was not, not more than from three to five minutes—it was my duty to go there if I was called, but to be away for as short a time as possible.
WILLIAM SLACK . I am engineer of the Ross D. Mangles. On 24th Jan. I was called to the Marley Hill, about half past 9 or a quarter to 10 o'clock—I found a great quantity of water in the engine room—I did not measure it, but I should say between seven and eight feet—I found the sea cock, or the donkey cock, we call it, partly open—I turned it back—it was under water when I found it.
Cross-examined. Q. You are quite sure about its being partly open? A. Yes—I put my hand down, and as soon as the cock was shut the leaking ceased—it is about three inches and a quarter in diameter.
ANDREW ABBOTT . I was captain of the vessel. I could not give a decided opinion, from the quantity of water in the engine room, how long the sea cock had been open, but I should think about eight or tea hours—I saw it when we were aroused in the morning, at 6 o'clock—I have not the slightest idea what bore the pipe has, the engineer knows—I came on board the vessel about 1 o'clock in the morning—I slept on board—I do not know of anybody going down into the engine room after that time—I did not go down.
Cross-examined. Q. All the crew had gone ashore, and there was no duty on board? A. None whatever—the prisoner might have gone ashore if he had pleased—I did not know that he was on board—there was a complaint of this sea cock having been left open in Gibraltar Bay, on the outward voyage—we never came to the truth of it—there was about twentyfour inches of water in the hold, very nearly up to the platform—I was down in the pump well myself with all the three engineers—I do not think it could have happened from accident—I am not aware that the prisoner's kit was on board when he went ashore at 10 o'clock—I had left the ship at 2 o'clock—his wages were unpaid—there was a Custom-house officer on deck when I came on board at 1 o'clock—he was in the cabin with me about five or six minutes.
MR. BALLANTINE. Q. Were any of the persons on board accused about this affair at Gibraltar? A. No—when I was down in the pump well, I asked the three engineers from whence the water was coming, and none of them could give me any information, and I immediately went on board a
Government ship on the station, and Mr. Pattison, the Government engineer, came on board, but he never told me where it came from.
DAVID WILSON re-examined. The bore of the pipe connected with the cock was three inches—the cock was only about one-third open—I cannot say how long it must have been open—I do not know the drawing of the vessel—I cannot give any opinion—I did not take my kit ashore with me when I went—there was no duty to be performed on board by the engineers after 4 o'clock, when I left, unless we received orders to get the steam up, for the purpose of moving the vessel, or anything of that description—I fully expected he would have gone ashore with me—we generally suppose that as soon as we arrive we have cleared the ship—she was not dismissed—she has gone off again.
ANDREW ABBOTT re-examined. The ship was in ballast—there was nothing for the crew or engineers to do after we arrived at Limehouse Hole—the ship was not paid off from the service—as soon as she was ready for cargo she was to be sent off to the Crimea again—the date of the ship's articles is 5th Sept., 1856 (produced)—the prisoner was engaged under these articles—his name is there.
(MR. PARRY submitted that the allegation of drunkenness wet not made out; and that as to any breach of duty, he contended that the prisoner's duty had ceased upon the arrival of the ship. MR. BALLANTINE contended that there was evidence of drunkenness for the Jury; that by the terms of the articles the crew were to remain by the vessel, after the discharge of the cargo, until her arrival at her port of final destination; from which it was clear that, he was not discharged from the ship, and that hit duty had not ceased.
MR. JUSTICE WIGHTMAN was of opinion that the case must go to the Jury.)
NOT GUILTY .
( There was another indictment against the prisoner, for maliciously damaging the ship; upon which MR. BALLANTINE offered no evidence. )
347. CORNELIUS WILLIAM JOHN HARDY , stealing, whilst employed in the Post-office, a post letter, containing a half sovereign, and a postage stamp: the property of Her Majesty's Postmaster-General: he was also charged upon three other indictments with similar offences: to all which he
PLEADED GUILTY . Aged 23.— Transported for Fourteen Years.
348. THOMAS FOSTER was charged upon three indictments for stealing, whilst employed in the Post-office, 4 post letters, containing the halves of 5l. notes; the property of Her Majesty's Postmaster-General: to all which he
PLEADED GUILTY . Aged 18.— Six years Penal Servitude.
PLEADED GUILTY . Aged 30.— Transported for Fourteen years.
(Mr. John Britten, of Basinghall-street, and John Claver, of No. 1, Raven-street, Whitechapel deposed to the prisoner's good character.)
NEW COURT.—Thursday, March 6th, 1856.
PRESENT—Sir FRANCIS GRAHAM. MOON, Bart., Ald.; Mr. RECORDER; and Mr. Ald. CUBTTT.
Before Mr. Recorder and the Sixth Jury.
MR. ROBINSON conducted the Prosecution.
ROBERT JOHN WILDHAN . I am a commercial traveller, in the service of the prosecutors. On Saturday week I came home from a journey—I took the horse to the stable—it was a little strained—I told the prisoner to take care of it—on the following Thursday I went to the stable, and inquired about the horse—the prisoner said he was much better, but he thought a little, air would do him good—I told him I had no objection to his taking him up and down the lane, and he took him out.
Prisoner. Q. Did you not tell me to go to Mr. Goodey, and tell him to come up and oil the chaise? A. No, I did not—I did not know who was to oil the chaise.
JOHN GRUBY . I am in the service of Mr. White, a horse slaughterer, in Thomas-street, Whitechapel. On Thursday evening I was with my master in the Sir John Barleycorn public house—the prisoner came there about a quarter before 8 o'clock—he came into the parlour, and asked for Mr. White—he began to swear, and said, "Come out, you b—; I have got a bargain for you"—I went out with my master, and we found this gelding there—the prisoner said, "There is a bargain for you"—he said to Mr. White, "If you want to have a good bargain, you may have that for 8l."—Mr. White said to me, "John, I think there is a screw about this; I shall not buy him; go over to Mr. Bryson's"—the prisoner said, "If you don't like to have it, somebody else shall buy it"—he said that the governor authorised him to come and sell it, it was worn out, and was no good—I went with him to Mr. Bryson's, in Cannon-street-road—he keeps a china and glass shop, and keeps vans and carts—as we were going I said to the prisoner, "If this horse is a good one, it will suit Mr. Bryson"—he said, "If he buys it, I shall let him have it for 6l. 10s."—we went there—I called Mr. Bryson out, and said, "Heie is a young man that belongs to Mr. Defries, he has got a horse to sell, and he wants very little money for it"—Mr. Bryson came out, and said, "He looks a useful sort of horse, he will suit my vans; what does he want for it?"—I said, "He has allowed it for 6l. 10s."—Mr. Bryson said, "I think there is something wrong; he looks too cheap to be good"—Mr. Bryson said to the prisoner, "What is the price of this horse?"—he said, "6l. 10s."—Mr. Bryson did not feel very well pleased; he said, "I think there is something wrong; I should like to see him in harness"—the prisoner said, "I will put him in harness; he is a good horse in harness, and very steady"—the prisoner and I then put him in harness, and the prisoner drove Mr. Bryson and me round the back of the London Hospital—we came back, and Mr. Bryson said to me, "This is too cheap to be right"—he said, "Come over, and we'll have a drop of rum"—Mr. Bryson
gave me the money to pay for the horse, and we went over to get the rum—the prisoner went into the public house with me, leaving the horse outside—he was out of harness then, and had got the horse cloth on—when in the public house, I said to the prisoner, "This horse is cheap; it will make no difference to you if I go home to your master"—Mr. Bryson said, "He will not be against that"—I said, "I shall not part with this money till I go home and see his master"—the prisoner said, "You doubt my word," and on to the horse be jumped, and rode up to Cannon-street-road—I walked along side, and had my hand on his knee—he said no more, but struck his heels into his horse's side, and nearly threw the horse down as he swung his head round, and galloped off as hard as he could.
Prisoner. I was in liquor; you offered me 5l. for it, and I said I would not sell it at all. Witness. No, I did not offer you a shilling; Mr. Bryson offered you the money, 6l. 10s.
MR. ROBINSON. Q. Was the prisoner sober? A. Yes, as sober as I am now—it was very nearly 9 o'clock in the evening when be gallopped down the road.
JOHN STAINS . I am ostler at the Bell and Three Mackerel, in Mile End-road—that is about a mile from Cannon-street-road—a man came there with a gray horse—I could not swear to the man nor the horse, but I was called to put the horse in the stable—I scarce saw the man—I came out, and he immediately went up stairs—I agreed to find him in stabling—he wanted to know what time he could have the horse next morning—I said, "About six"—he said, "That will do"—I said he must go to the bar to inquire for lodgings—he went, and they could not lodge him, and he got on the horse and went away—he went into the door of the Fountain, which is nearly opposite, and that was all I saw of him.
WILLIAM DAY . I am ostler at the Fountain, in Mile End-road. Last Thursday, the prisoner brought the gelding there between 9 and 10 o'clock in the evening—he asked if they could lodge him and the horse—my mistress said, "I cannot answer for the horse, I can find you a bed"—she said that he must ask me about the stable—I was standing at the bar, and he asked me if I could stable the horse—I told him I could—I went with him to the stable, and bedded up the horse, and the prisoner went in doors again—he did not appear intoxicated.
NATHAN DEFRIES . I am the son of Jonas Defries. In consequence of information, I went on Thursday night down Mile End-road—from inquiry I went to the Fountain; I saw the prisoner in the tap room, playing at cards—I first said to him, "Where is the horse?"—he said, "That is right enough; it is in the stable"—we told him to come outside—he came, and I then accused him of having stolen the horse—I cannot recollect whether he said anything—I got a policeman, and gave him in charge—the horse was taken, to the station.
THOMAS ALLWOOD (policeman, K 422). I took the prisoner into custody—I said to him, "What about this horse"—he said, "I know I took it; I know I have done wrong"—the last witness said, "I can also prove that you offered to sell it"—he said, "I know I have, and I know I have done wrong"—he said that a second time—he said, "I will go with you to where you think proper to take me, constable."
COURT to NATHAN DEFRIES. Q. Did he say anything more to you? A. Yes; he said, "I know I have, you may do what you like with me"—he was not in liquor, he looked the same as he does at present.
GUILTY . Aged 24.— Confined Twelve Months.
MR. W. J. PAYNE conducted the Prosecution.
JAMES CHAPMAN . I live at Sudbury, in the parish of Harrow. On Tuesday, 22nd Jan., I left home about 4 o'clock in the afternoon—before I left I fastened up the house—I locked the front door and the back door, and went out at the kitchen door, and took that key with me—I went through the stable, which has a stock lock, and left the key of the stable with the prisoner, who was in my service—I took the key of the house with me—I have known the prisoner seven or eight years—he took care of my horse when I had one, and attended to the garden—I had not a horse of my own that day—there is a pantry window in the back, over the wash house—that window had a perforated zinc plate outside—when I left home it was safe—the zinc plate was fastened with one nail—it was merely to keep the flies out—if that were away any one could get into the house through that opening—when I went away I told the prisoner to tell no one that we were out, to come round at 10 o'clock at night to see that all was right, and to come to meet us at the 11 o'clock train the next morning—when we left home there was an iron chest in my bed room—it contained a dozen or fourteen knives and forks—some plated candlesticks, and branches, a carver and fork, a fish slice, a pocket book, and in it a 5l. Bank of England note—some deeds and some papers—there was a good sharp dog in the stable—I kept him there for protection—I told the prisoner not to let that dog loose till I came back—the prisoner frequently assisted in the house when we had any friends there—I do not think he knew much about where the plated goods were kept, but he knew the chest was there—he had it when he wanted to clean the windows—I had some silver goods, but they were in another cupboard—on the following day the prisoner met me at the station—he said, "They have been at it again"—I said, "What do you mean"—he said, "They have been robbing old Sparrow "(he lives near me); "this is the third time"—I said I was very sorry for it, they had robbed the poor man two or three times—I said, "How is our house?"—he said, "I went round about 11 o'clock at night; I heard the dog barking, I ran across the fields and went round, and when I got there I saw a man (or a cove) hanging over the gate"—I said, "What did you say to him?"—he said, "I said, 'Halloo, my friend, what do you do there?' and he said, 'I have got up out of the wind;' and he wanted to see a man of some name, I forget the name, who used to live there some years ago"—I asked him how the man was dressed—he said, "He had a smock frock on down to his knees"—he said, "I said to him, 'It is a good thing that my master has gone to bed, or very likely he would put a chance shot into you'"—he said, "I went through the stable and shut the door, and got behind the water butts, and I saw the man sneak down the road, towards Mr. Greenhill's farm"—I think he said, two or three times, that he had a smock frock on down to his knees—I asked him if all was right—he said all was right, the locks and doors were quite fast—all this took place between the station and my house—the prisoner went on with us till I stopped at the Swan and had a glass of beer, and he went on with Mrs. Chapman—after I left there, I met the prisoner coming back to meet me—he said, "Come along, somebody has broke into the house"—I went home, and Mr. Morris went with me, and the prisoner—when we got near the house Mr. Morris looked about for foot marks—he pointed to a foot mark over the flat, and the prisoner said, "That is my foot mark, I rolled the flat this morning"—that foot mark was nine or ten yards from the zinc plate—I went to the
house and found the zinc plate was down half way—it was so removed that any one could get in—this is it, (producing it), it had been taken quite down and was just laid against the window—it had had only one nail, and that was drawn—I found the door was open, I went in—my wife had been in before me—I searched the house and missed the iron chest—a large cupboard had been broken open in the front parlour, and the chest was gone from the bed room—two bottles of wine had been taken out of the cupboard, and two tumblers were three parts full of wine, but I do not think they had drank any—I informed the police, and the next day I saw the prisoner—I said to him," You go and search round, and try to find these things"—he said, "Very well"—he came back in about an hour, or an hour and a half—he said, "I have got some of them, master;" and he gave me the candlesticks and branches, the knives and forks, and the fish slice—he was carrying them in a sack—the knives were wrapped up in two cloths—they were quite dry—he said he found them in an old haycock in Miller's field—I was so pleased that I gave him a pint of ale—I told him to go and search the ponds—he said he was going to search Sparrow's pond, and Mr. Hill's, for the chest, and he would rather have a policeman with him—I said, "You do it very well by yourself, try and find it if you can"—about 4 o'clock that afternoon I went to Mr. Green well's pond, which is about 300 yards from my house—I saw the prisoner and two or three little boys with him—I saw my iron chest, the lid was broken and was inside—it was about four or five feet from the blink of the pond, in the water—I found the papers in the chest—a little boy and the prisoner carried them down to my house—I told the prisoner all the things were found except the 5l. note—I gave him another glass of ale.
Cross-examined by MR. METCALPE. Q. Up to the time you gave him the second glass of ale, you did not suspect him at all? A. No—when I found him at the pond there were several boys with him; three boys who live close by—a little boy came to say that he had found the chest—he had a drag hook, with three prongs to it, what they call a well hook—I said to him, "You have tried the ponds on the left, you had better go and try the ponds on the right"—when he went to the haystack I directed him to go there—the robbery took place on the Tuesday, and the chest was found on the Friday—this is the chest—there is a fence in front of my premises—it is eight yards from the palings to the front door—to get in, we ring the bell—there is an iron gate in front, and palings about four or five feet high—there is a paling fence on each side—a person could get to the back if they jump over the hedge, and then get over the paling—the stable opens to the garden at the back of the house—to get to the hack of the house you would go through the stable door, then over the palings, and through to the front of the house—the pantry window is about seven feet high, it is over the washhouse—it runs dose by the palings—that is where I found this zinc window, leaning on the top of the washhouse—there is another house joining mine—the silver was kept in a cupboard, close by the iron chest—that cupboard was not locked—I do not think the prisoner knew where the silver was—he had been in the room, but I do not think he knew there was a cupboard there—it was a clothes cupboard—there were a good many things in it—the cheat weighed about three quarters of a cwt.—the prisoner had been in my service two years last Christmas—I had trusted him with sums of money, he has taken 20l. or 30l.—I have frequently trusted him with large sums—he has always correctly accounted—I had no cause whatever to suspect him—I think my wife suspected him before I did.
MR. W. J. PAYNE. Q. When you saw this iron chest, was it in the water? A. It was partly in, and partly out—the lid was broken, and lay inside the chest, on the top of some deeds in it—I do not think if anything had dragged that out of the water it would have rolled over, because it wag too heavy—the deeds were not very wet—there were some papers which were rather wet, not wet through—the chest was partly full of water—the bank goes shelving down—I believe it is very deep in the middle of the pond.
Cross-examined. Q. It would have wanted a good throw to throw it out of its depth? A. Yes, but they were getting it out when I saw it.
COURT. Q. It was then four or five feet from the edge? A. Yes, and it was three parts full of water—it stood out of the water when I saw it—the deeds and papers were wet, but the papers were not saturated—I think if they had been under water from Tuesday night till Friday, they would have been more saturated—those bundles of papers were not quite wet through—the fall could not have broken the chest.
HELEN CHAPMAN . I am the prosecutor's wife. I recollect coming to town on 23rd Jan., and returning home on the following morning—I had left the house all safe the evening before—when I got there I went to the front door, and I gave the prisoner the key of the side door to unlock it, and come and let me in at the front door—he went and opened the side door, but he did not open the front door—he went into the stable—I went to the stable door, and said, "Jem, I told you to open the front door"—he said that he did not hear me—he then went round and opened the front door—he unbolted it, and let me in—when I went in, the right hand parlour door was ajar—it opens into the passage—I had left it shut the night before—the key was in it, but it was not locked—I then went along the passage, and saw the pantry door open—I had left that door shut the night before—I said to him, "Jem, have you opened this door"—he said, "No;" and he said "This door was open also," that was the kitchen door, leading to the passage—I went into the pantry, and on the shelf there was a cruet stand, which had been the nigbt before in a cupboard in the parlour on the left hand side—I said to the prisoner, "Some one has been in"—I then went to the parlour on the right hand side, telling him to come with me, and on the table stood two decanters and two tumblers—there was port and sherry in the decanters, and the tumblers were half full, one of port, and one of sherry—those decanters had been in the cupboard which was locked, and I had the key with me—I then saw that the cupboard door had been forced open—I said, "Come up stairs, and let us see what has been done"—I saw my bed room door was open—it had been shut the night before—the key was in it, it was not locked—I missed the iron chest which used to stand at the fireplace—the chest was locked, and the key was in the wardrobe in my room—I afterwards found the key in the wardrobe—I told the prisoner to fetch Mr. Chapman, and in going down he called my attention to the staircase window—he pulled the blind back, and said, "This is unfastened, ma'am"—I said, "They did not get in there, Jem"—I could not say whether that window had been fastened the night before—that window looks to the back, over the passage door—I had a screwdriver, which had been usually kept in the drawer in the bade kitchen—I looked for it the next morning, and could not find it—I asked the prisoner for it, and he fetched it from the stable—I said, "What did you take it out of the drawer for? you have no right to take it without my leave"—he said he had it to put a lock on Ann's box (Ann lives just by)—this took place on
Thursday, but on Wednesday, the day we came home, he called my attention to the zinc blind—he said, "Look here, ma'am, they have cut it to get in"—here is a little hole in it—I compared the screwdriver with it, and they appear to correspond—I had opened the iron chest on the day I went to town, and in it were the knives and forks, and candlesticks, and other things all safe, and also a 5l. note in a pocket book—when I went away, I had locked the chest up safely—some knee caps for the hone were afterwards shown to me by the police sergeant—I recognized them, they were pieces of common drugget, and I had put some strings on them—die prisoner had been in and out of the house, and he knew the position of things in the house—he had seen some silver forks that I had in use—I had used them on New Year's Day, and he cleaned them the day afterwards—they were usually kept in the chest, but they were at this time in the cupboard—he had never seen me put them in the chest—when I got home on the Wednesday, he said that there was a man looking over the gate on the Tuesday night, and he had a sandy coat on.
Cross-examined. Q. He had the key of the kitchen? A. Yes, he used to take it home with him frequently—he might let himself in—it was brought in and kept inside, but he had it at night, and he could have got all over the house, except in my bed room—I cannot say when the screwdriver was last in the drawer—it was there within a week before—the key of the iron chest was kept in my wardrobe drawer—the wardrobe was locked, and I had the key with me.
JAMES THOMAS COOPER (police sergeant, T 6). On 23rd Jan. I received the information of this robbery—I went to the premises, and saw the pantry window—the zinc blind was leaning against it, outside—it was not fastened I—there had been a nail, but it had been drawn—I compared this screwdriver with the mark on the zinc plate, and it corresponds—I found the cupboard in the parlour had been broken open, and there were marks made apparently with the same instrument—there had been two indentations made in two different places—they appeared to correspond with this—this nail of the blind had been driven, in, and taken out again—when I found it in the frame it was rather bent—there is no mark on the wood of this blind, only on the zinc—I saw the prisoner, and I asked him if he had told anybody that his master was going to be absent the whole night—he said, "No"—on Friday he told me he was going to drag the pond, and when I heard the chest had been found, I took him into custody—he said he thought there was something up, by them (meaning, I suppose, his master) persuading him to go and look for the chest—when I went to the house on the Wednesday I found nothing had been disturbed, except the window—I found everything right in the house, except the chest and the blind—I found nothing disturbed, except the cupboard in the parlour, and the pantry window—neither were there any footmarks outside the door—I had never been in the house before the Wednesday—the prosecutor said everything was in the same state as he left it.
JOHN SCOTNEY . I am inspector of the T division. I received information of this on the 23rd—I searched the premises, and found what the other witness has stated—on the 28th I found this pocket book on the side wall in the coach house—it was wrapped in these two knee caps for a horse—the coach house adjoins the stable—this book was on the wall from which the roof springs—the top of the wall opens on to the slates—I opened the pocket book, and in it I found this 5l. note wrapped in a piece of paper—I
afterwards found some pieces of paper in the dust hole, corresponding with the paper in which the note was wrapped—it was the same, "Smith's Journal."
Cross-examined. Q. Where, in the coach house, did you find it? A. On the side wall, close under the slates—the coach house and the stable join; they open into one—there is no partition between them—there is a door goes into the back yard from the stable, and a door to the front from the coach house—there hare been a great many robberies and burglaries in that village lately, both before and since this transaction, since the prisoner has been in custody—I had one here yesterday—one of those men has been in custody several times—he is part of a very notorious gang.
JOHN CANNON . I am a smith, and live at Harrow; I am employed by the prosecutor's brother to work. On Wednesday, the 23rd, the prisoner came to me, in the shop, between 11 and 12 o'clock—that was after his master had come home—he said his mistress had been robbed—I said, "You don't mean to say that, do you, Jem?"—he said, "Yes"—I said, "What have they taken?"—he said, "An iron chest, and some papers, and a 5l. note, some candlesticks, and knives and forks"—he stood there a minute, and I said, "Will you fetch us a pot of beer with a 4d. piece?"—he said, "I cannot stop this morning; I have got to go to the police station"—I did not see him any more that day—he came the next day, the 24th—he went to one of our men first—I heard him ask him if he had got a drag he could lend him—I went up to him, and said, "Jem, have you heard of anything?"—he said, "No"—this was a little after 10 o'clock in the morning—I asked him what he was going to do with the drag—he said, "I am going to drag the pond, to see if I can find master's property—I said, "Do you think them as have got your master's property will throw it into a pond?"—he said, "I don't know; I am going to drag for it to see if I can find it"—he said, "Do you think them papers will come out of the iron chest?" and said, "Do you think they would swim on the water?"—I said, "Yes, I should think they would"—he said, "Do you think the writings would be off the paper?"—I said, "No, I should think not"—I said, "If you find any on the top of the water, drag them to the edge, and take care of them for your master"—in two or three minutes after, he said, "Cannon, if you had a 5l. note, where would you change it?"—I laughed, and said, "If I had one of my own, I should change it in Harrow"—he said, "Them as have got Master James's, I should think Brentford, or round there, would be the best place to change it"—I said to him, "Does your master know the number of the note?"—he said, "No"—I said, "Then it is no use for him to go to the Bank to stop it"—he did not say anything about it being a long while before the note could get to the Bank.
Cross-examined. Q. This took place on Wednesday morning? A. Yes, the 23rd—one of our men lent him a drag—I did not see him drag the pond.
HELEN CHAPMAN re-examined. The things produced are my property—this is the pocket book—this 5l. note was folded as it is now, in the pocket of the book, but it was not folded in a part of "Smith's Journal," there was something in the chest which was wrapped in "Smith's Journal."
COURT. Q. Could any one get into the coach house from the front? A. No—there is a button inside—the decanters and wine had been kept in the cupboard, in the pantry, but not the silver.
GUILTY. Aged 18.—Recommended to mercy by the Prosecutor and the Jury. Confined Twelve Months.
352. JOHN JONES, JOHN WILLIAMS , and RICHARD WILSON , feloniously breaking and entering the dwelling house of John Faulkner, and stealing 1 iron box, 7 spoons, and other articles, value 20l., his goods.
MR. METCALFE conducted the Prosecution.
JOHN FAULKNER . I live at No. 3, Eden-grove, Holloway. On the morning of Christmas Day, about a quarter past 10 o'clock, I left my house—I had locked the doors myself, and the outer gate and the windows were all fast—I returned at half past 10 o'clock at night—I came to the outer gate—I found it had been unlocked, and was open—I went up the steps, and put my key into the house door, to unlock it—I found it had been unlocked, and was left unlocked—I went in, and found the back parlour and front parlour in confusion—the drawers had been broken open—I missed an iron safe from my bedroom—it had been safe in the morning, and had deeds and papers in it—I missed seven silver spoons and some other articles—I found the house, had been broken into by the front kitchen window, and the window shutters had been forced back—my house is in the parish of St. Mary, Islington.
COURT. Q. Have you a garden in front? A. Yes, twelve or thirteen feet deep—the window of the kitchen it level with the pavement—there is a sort of dip before it.
WILLIAM PITTMAN . I live at No. 1, Burnard-terrace, Edengrove, about 100 yards from Mr. Faulkner. On the morning of Christmas Day I saw a dog cart—a person was driving it backwards and forwards by my window—it was about half past 10 o'clock—I think Wilson was the driver, but I am not prepared to swear it—soon after the people had gone to Church I saw the cart coming back facing me, and I saw three men, Jones and two others—the cart was then coming back in the direction of the prosecutor's house, and the three men were coming from the house to meet the cart—they were coming from the direction of the house—they were all dressed very respectably, in black—there is a shut up house with two entrances, and Jones placed his back against that door which was facing me—he was talking to the others—they all stopped facing my window, as they seemed to come in a direction from Mr. Faulkner's—I was shaving myself at my window opposite—the dog cart came to them, and they had further conversation for ten minutes—there were then four men—the width of the street from my window is about twenty-five yards—the three men went towards the prosecutor's house—the dog cart waited a little time, and then it went in the same direction, and I saw no more—I went to the Thames police station, to recognise Jones—I think that was on the Monday, five or six days after.
Cross-examined by MR. W. J. PAYNE. Q. How far is your house from Mr. Faulkner's? A. I should think about 100 yards—I was at my window, and a person came and stood with his back to the railings opposite me—he might see me if he looked—I do not know that he did—I laid my razor down when I saw the four men—there was only a half blind between us—I had never seen that person before—I saw him at the police court some days afterwards—he was in the cell with five or six or seven others—I was asked if I knew either of those prisoners—I said, "Yes, that is one"—the prosecutor took me there to see if I knew either of the men—it might be more than four or five days aftewards that I went—it was not so late as 20th Jan.—it was a mouse coloured horse that was in the dog cart.
Cross-examined by MR. DALEY. Q. Would you say it was a black hone that had been clipped? A. No, I do not think it had—I have seen a mouse coloured horse that had not been clipped—I had one that turned mouse coloured—I had it six or seven years—it was born black, and turned mouse coloured—I can undertake to say that the horse in the dog cart was not a bay horse.
MARY WITTINGHAM . I live at Claremont-cottage, exactly opposite Mr. Faulkner. On the morning of Christmas Day I saw a dog cart opposite Mr. Faulkner's house—it was drawn up close to the kerb stone—it was about half past 11 o'clock when I first saw it—there was one man sitting in it, holding the reins and whip—I cannot tell who it was, I did not see him face—I have no belief as to who it was—I saw Jones standing by the shaft of the cart, with his face towards the horse—I had an opportunity of seeing him for the half hour they were there—I saw one man in the garden just by the side of the gate—when I first saw him, he was going towards the kitchen window—I did not see anything particular after that till they opened the street door, and came out, bringing a chest—two men did that, one had got one handle, and the other the other—it appeared to be an iron chest—they placed it in the dog cart—one of them then returned up the steps, and pulled the door just to—they then all four stood by the cart, with their faces towards the cart—the man that had been in the cart had got out when they brought the chest outside the gate—they put the chest into the cart, and then put themselves to rights, and got into the cart—the man who had been in the cart, holding the reins and whip, got up behind, and to the best of my belief it was Jones drove the cart away towards the Holloway road—I have since seen a cart at Hoxton, and I should say that was decidedly the same cart that I saw on Christmas Day, and I have every reason to believe the horse I saw was the same, but he was in a different condition—he was very dark, I should say nearly black—I do not recognise either of the other prisoners, except that the back and shoulders of Wilson look like the man that sat in the cart—I said so at the police court.
Cross-examined by MR. W. J. PAYNE. Q. Were you at the first floor window? A. Yes—I had never seen the persons who were by the dog cart before—I can see the four top panes of the prosecutor's kitchen window from my house—there is a box tree which prevents my seeing the lower part—I was watching them the whole time—I saw some one in the garden, and I saw some men come out of the door—I expected there was something wrong, but I was not aware that I could give them into custody on suspicion—I named it to my landlord, but he had no faith in such a thing—he said it was impossible—I was examined before the Magistrate on 9th Feb., and after that I saw these men at the police office—I should say the horse in the cart was dark brown, or nearly black.
COURT. Q. Were you examined more tnan once? A. Yes—I only signed one deposition—I believe that was on 9th Feb.—it was a long time after Christmas that I went to the police office—I was there the day that Mr. Pitman went, but he was there before me.
COURT to MR. PITTMAN. Q. How soon afterwards did you see Jones again? A. I think the latter end of Jan.—I think four or five days before I went before the Magistrate.
11 and 12 o'clock, I passed Mr. Faulkner's—I saw a dog cart standing at his door, and Wilson was in it—I noticed him, because he resembles a person I know very well, I at first thought it was him—I saw a stout man at the head of the horse—I could not swear to the face of that man, but I can to his figure—I had to wait at the corner of Cornwall-place for an omnibus—while I was standing there the dog cart passed me, and there were then four men in it—I have seen the same dog cart since, and the horse.
Cross-examined by MR. DALEY. Q. You only saw Wilson once? A. I saw him twice—he was in the same seat, in the back of the cart, and his face resting on his hand—it is months ago since I saw the person who resembles him—it was before Christmas—when I saw Wilson the second time, the horse was trotting—when I went to the police court Mrs. Wittingham was with me—I had no particular reason for noticing Wilson, except that he resembled a person.
Q. Did you ever say that you noticed him because he was laughing? A. He was smiling, and I thought he was smiling at the persons there—I heard him laugh, which made me look at him, and I saw he was like a man I knew—the man I know is about twentyfive, he has little whiskers—his eyes are blue—when I got to the police court I believe the person with me said that the men had not got the same clothes on, before I identified them—the policeman said they had some of the men in custody.
NATHAN GILBEBT (policeman, M 215). I know all the prisoners by sight—they are companions—I have seen them together—on Christmas Day I saw them all three, about 10 o'clock in the morning—I saw Jones and Wilson in Mr. Perry's yard—he is a livery stable keeper, in Swan-street, Trinity-street, in the Borough—Jones came out and went up Trinity-street he afterwards came back, and just as He came back, Wilson drove the dog cart, with a black horse, out of Mr. Perry's yard—he went into Swan-street and Jones got up into the cart—they drove to Stone's End, and into Blackman-street, then Williams got up in the cart, and they all drove away together—I have since seen the cart at Mr. Perry's—it was the same cart that I saw driven out.
THOMAS RICHARDS . I was a serjeant of the M division, and am superannuated—I have known all the prisoners the last five years—I have seen Jones and Williams together frequently till within the last three or four months.
JONES— GUILTY .
WILLIAMS— NOT GUILTY .
WILSON— GUILTY .
(Jones and Wilson were further charged with having been before convicted,)
JONATHAN WHICHER (police sergeant, A 27). I produce a certificate (This certified the conviction of James Punt Borritt in this Court in Feb., 1852, for being at large before the expiration of the term for which he had been ordered to be transported for life, and previous to that to be confined for six months)—Jones is the man—I know him well, he has been two or three times in custody.
THOMAS RICHARDS re-examined. I produce a certificate (This certified the conviction of Thomas Richards, in Dec., 1853, at the Surrey Sessions, of house breaking, after a former conviction, and that he was sentenced to six years penal servitude)—I was present—Wilson is the man—he had been twice before convicted—he escaped from servitude, and had not a ticket of leave.
JONES—GUILTY. Aged 55.— Transported for Fifteen Years.
WILSON—GUILTY.—(See next page.)
MR. METCALFE conducted the Prosecution.
WILLIAM JAMES HARE . I live at No. 28, St. Paul's-street, New North-road. On 24th Jan. I and my mother left the house about half past 4 o'clock—I shut up the house, and left no one inside—I returned between half past 12 and 1 o'clock—found the house had been broken open—the parlour door had been broken, and a piece of the panel forced out—the police were in charge—the back door was bolted top and bottom—the house might have been entered by a skeleton key—I found the things were disturbed up stairs and down, but nothing was taken but four shirt collars—these are two of the collars I lost, they have the mark of the maker on them.
COURT. Q. How do you know them? A. By the mark of the maker—here is the stamp 2 15 1/2, which means the size of the collar, two inches by fifteen and a half.
Cross-examined by MR. M'ENTEER. Q. Where did you purchase these collars? A. In the Borough—I purchased half a dozen—I have not any of the others here—I had several sizes brought to me—I liked the pattern of one, but it was not the right size, and he said he would make them for me to that size, which he did—some will have them made for you—these have only three folds in them—it was from a pattern I had these made—I can only know them by matching them with another collar.
COURT. Q. How long had you worn them? A. I had not worn them when I lost them—they had not been washed—there were four collars taken, and some left behind.
WILLIAM SAINSBURY (policeman, N 52). I was at the police court when the prisoners were there on another charge, on Saturday, 26th Jan.—I took this collar from the neck of Wilson, I sent for Mr. Hare, and he came and identified it—I took the other witness to the cell, where there were seven or eight persons, and she pointed out Williams—I saw this other collar taken from Williams by Thorne.
Cross-examined by MR. M'ENTEER. Q. You say Williams was in charge? A. Yes, and the prisoners were remanded—I sent for Mrs. Waters—she did not know what she was coming for; I sent a messenger to say I wanted her—I took her directly to the cell, and asked her if there was any one there she knew—I stood about two yards from the door—she pointed out Williams, and said, "That is the man I saw by Mr. Hare's house"—I should say there were seven or eight men in the cell.
ELIZABETH WATERS . I am the wife of Robert Waters; I live in St. Paul's-street, next door to Mr. Hare. On Thursday, 24th Jan., I saw Williams between half past 6 and 7 o'clock—he was at the end of my railing, close against Mr. Hare's door—he was within three or four steps of me—there was a gas light opposite—I saw his face—he stopped and looked at me, and when he got to Mr. Hare's door, he called "Rover, Rover," twice—I went to my door twice—he called "Rover" both times, but I saw no dog—the second time I saw him he was near the door, and he went down to the end of the street and called "Rover" again, and I heard him a quarter of an hour afterwards calling "Rover" all round the back streets—he had a young man with him, but I could not swear to him—he was about the height of Wilson, but I did not see his face—the lodger came home to Mr. Hare's about half past 7 o'clock, and I suppose by her putting the key
into the door it disturbed them—I did not hear the police there before 11 o'clock.
COURT. Q. You say a lodger came home? A. Yes, half an hour after I saw the prisoner—she tried to get in, and could not—I tried to turn the key in the door—it did turn, but the door would not open—it appeared as if it was bolted inside—there was no alarm given till about 11 o'clock.
Cross-examined by MR. M'ENTEER. Q. When you first saw the man it was between 6 and 7 o'clock? A. Yes—I remained at the street door five or ten minutes—my husband said, "It is no use your standing there"—I heard "Rover" called, and my husband said there must be a robbery, because they were very suspicious characters—I had never seen Williams before that night—I looked at him twice—he looked straight in my face—when I was asked to go to the police office they did not say what it was for—I was never in a police court before—I supposed I was going as a witness, but I never asked a word—I will swear that I never asked a word about what I was going for—he said, "I want you"—I said, "What for? I cannot go"—he said he wanted me for the robbery committed next door—I was very much alarmed.
COURT. Q. Did he tell you what he wanted you to go down about the robbery for? A. To recognise the man.
WILLIAM JAMES HAKE re-examined. I came out of the front door when I left, and locked the door—to get out at the back they would have to get over a wall four feet and a half high—they could get over every wall very easily till they got three yards off, and then there is an eight feet wall.
JAMES THORNE (policeman, N 485). I took the two prisoners and another, named Keys, into custody on 25th Jan., about half past 6 o'clock in the evening, at Balls'-pond—the two prisoners were in the garden at the back of a house, and Keys was in front—I took Keys, and went and found the two prisoners in the back—Keys called "Rover" several times loud enough for them to hear, and I went and found them in the garden.
Cross-examined by MR. DALEY. Q. Were you present when the prisoners were examined? A. Yes—the Magistrate did not say that these were very ordinary kind of collars.
COURT. Q. The collars were taken from their necks the next day? A. Yes—they had the collars on when I took them.
WILLIAMS— GUILTY .** Aged 28.
WILSON— GUILTY . Aged 29.
Transported for Fifteen Years.
THIRD COURT.—Thursday, March 6th, 1856.
PRESENT—Mr. Ald. HUNTER; Mr. Ald. FINNIS; Mr. Ald. CUBITT; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Seventh Jury.
PLEADED GUILTY . Aged 52.— Confined Nine Months.
PLEADED GUILTY . Aged 17.— Confined Six Months.
PLEADED GUILTY . Aged 17.— Confined Four Months.
MR. PARRY conducted the Prosecution.
EDWARD HARRISON . I live at White Webbs Farm, Enfield. Brightman has been in my service twenty years on and off; he has sometimes been away and has come back again—he was quite a lad when he came to me—Houghton occupies a farm by me—I left it, and he entered on it at Michaelmas last; it is not 200 yards from my farm—I knew him before Michaelmas, but he had not been a farmer before that to my knowledge—in consequence of suspicions I entertained I went on 5th Feb., to a loft on my farm which Brightman had the care of—I missed from the stable a new truss of hay which I had tied up for a particular purpose—I went up into the loft, and found it there concealed—it was for cutting up for the sheep—Brightman was the last person there that afternoon, and I am positive that he concealed it—nobody else had any business in the loft, and no one went there besides him in the afternoon, to my knowledge—the loft was never locked—this (produced) is a list of the dates—I told my brother the dates and he wrote them—I examined the racks in the stable, and there was no hay in them—on the 7th I missed another truss, and found it in the loft covered over with some oat straw, some before it, and some on the top of it—I also missed three trusses on the 8th, and saw them laid in the same place in the loft—they had come from the stack, and the prisoner ought to have put them into the rack—between 5th and 8th Feb., I went into the stable, and saw that the good hay had been taken out of the racks, and some which had been lying about in the stable for a month, and could not be eaten, was in the racks—I communicated with the police, and Goodall and Harriss came on the 11th, about 12 o'clock at night—I went into the loft with them, and saw two trusses of hay concealed in a corner, and some trusses of straw in front, and on the top of them—there was a truss of hay in the middle of the loft; that was exposed—those trusses were for the use of the horses, but instead of that they were concealed—Goodall and Harriss put brown paper into all of them, with my initials on, and some with Harriss's initials—I watched with them all night, but nobody came, and the policemen watched afterwards till half past 3 o'clock, when I desired them not to stop too long in case the men should see them in the yard—on 13th, about 8 or 9 o'clock in the morning, I went to the loft and missed these three trusses—the police were not there then, but I sent to the station house, and afterwards went to Houghton's, with Goodall and Williams—we went to the granary—there were two men cutting chaff, and I examined two trusses of hay, which were mine—I saw the brown papers taken out of them which the police had put in—we found three more trusses in the stable, two of which I had marked—I identify three marked trusses, and two others—I identify those which are not marked by the character of the hay, and by the bands they were tied up with—the man who made them did not know how to make a band—some of them were straw bands—Houghton was there while the search was going on, but I did not speak to him—the police asked him how he came by them; he said that he did not know, and that he had no right to tell them—another truss was thrown out of the loft, Williams asked me if
it was mine—I said, "No;" and Houghton said, "No, I bought that of Mr. Rutherford.
Cross-examined by MR. CODD. Q. I believe your farm adjoins Houghton's? A. Yes; the landlord of my farm is General Meux, and of Houghton's, Mr. Bowles—there was a misunderstanding between me and Mr. Bowles on my leaving, but we settled it very amicably—Mr. Bowles did not prefer Houghton to me as a tenant; he wrote a note to me to say that he had let the farm to Houghton, and the reason he did not offer it to me was, that he had heard me say that I paid too much for it; but if he had offered it to me I would not have had it, in consequence of the ill treatment I met with from him—I have known Houghton 14 or 15 years, he was a hay dealer previous to and since taking this farm—Brightman lodged in part of Houghton's house with his wife and family—there is a short cut across the fields from Houghton's to my farm, but Brightman would not be allowed to go that way—he said he went that way to his dinner, but his daughter carried his dinner into the fields to him—Brightman lived in Houghton's house at the time I held the farm, but he was not my tenant, he was my workman and it was then my farm—I have six horses now, and had then—I employ two men thrashing, and a boy and my brother assist me—they could go up into this loft if they liked—I never saw them go there—this was rowan hay, the second cut—I do not recollect Houghton saying that he purchased the five trusses of Rutherford, but as to the last one that came out he did—that was as large again as mine—he said that he bought some of Rutherford—Mr. Rutherford is a farmer, and is here—the papers were all brown, and were four or five inches long—Goodall put them into two trusses, and Harriss into one—there is a footpath leading from White Webbs to Cheahunt, that passes Houghton's field, close to his yard—Brightman might go that way sometimes, and sometimes by the road, that is the shortest way, but I do not know that there is much difference—when we went to Houghton's premises the granary was open, and Houghton was in the stable doing his horse up—the loft was too high for me to see the trusses in it—the bands of the trusses are made with oat straw, by which I also know them—that is a common sort of straw in my neighbourhood—there were about twenty loads of hay in the stack—I have not missed a truss from the stack, only out of the loft—Brightman was quite a lad, at 3s. or 4s. a week, when he first came—he had lived at Houghton's house perhaps twelve months—I did not leave the farm at Michaelmas—I was not turned out by Bowles, my lease expired—I was not anxious to keep it, and would not have it at any price through the treatment I received from Bowles, but we parted good friends, and shook hands.
JOHN GOODALL (police sergeant, N 3). My duty is in Enfield—Mr. Harrison communicated with me about this hay, and on 11th Feb. I went to his farm—I went into the loft with him at 12 o'clock at night, and saw two trusses of hay covered over with straw, and one exposed—into each of the two trusses I put, I believe, four papers, marked "E. H.," Mr. Harrison's initials—I saw Mr. Harrison mark the other truss—I then left, and watched the premises till 3 o'clock—I watched again between the 11th and 13th, but did not see the trusses removed—on the afternoon of 13th, Mr. Harrison came to the station, and I went to his house, but did not go into the loft—I took Brightman into custody in the yard, and asked him what had become of the two trusses of hay in the corner of the loft—he said, "One of them is there yet"—I said, "Where is the other?"—he said, "I have got it"—I took him into custody—I found another truss, a wet one, subtituded
for one of the others in the loft—I afterwards went into Hongeton's, went into the granary, and a man was cutting some hay up into chaff—I examined the truss, and took this paper (produced) from it, it is one of the papers which I had put into the trusses in the prosecutor's loft—sergeant Williams handed down four or five trusses from the loft, among which I discovered another truss which I had marked, and took from it these two papers (produced)—there were no marks in any of the other—altogether, I found two marked trusses at Houghton's—I have not discovered the truss that Mr. Harrison marked—I saw Houghton first in the stable, nothing was said to him in my presence—Mr. Harrison identified five or six other trusses, and a number of hay and straw bands, which he said were his property—I found footmarks at the back of Houghton's—this (produced) is a plan of the premises—the footmarks extended across Houghton's field to the farm, and up to the fence, as it is dotted here—I found some hay sticking to the tarred fence by Harrison's—I took off Brightman's left boot, and examined it with the footmarks up to the first fence—they exactly corresponded—they were rather indistinct across the field, but there were two very deep impressions on the side of the fence near to Mr. Harrison's premises—they were in the ditch where the hay was handed over into the field—a key was found on Brightman which opened Houghton's granary.
Cross-examined. Q. Was Houghton's granary open when you went to it? A. Yes—they were at work—I compared the footmarks on the following afternoon—it had rained a good deal in the interval, it was wet—I did not trace footmarks on the public footpath across the field, but there were some at the bottom of the field—I did not take the right shoe—the mark was where a person had stepped over—I observed other footmark made with a different shoe, but they were indistinct, and I did not compare them—I went into Houghton's stable, but did not see any trusses of hay in the loft as I went in—I did not look whether it was open when I went—it is open to the stable, but the stable door is locked—I put four papers marked "E. H." into two of the trusses, and saw Harrias put some into the other truss, but how many I do not know—I believe the mark on them was "Harris"—I saw none found with "Harrison" on them—I did not know the prisoners before.
BENJAMIN COLLETT WILLIAMS (policeman, N 49). On 13th Feb. I went, with Goodall to Houghton's farm, and saw a man cutting chaff in the granary—Goodall and Mr. Harrison came into the yard, and we all went into the granary together—there was a truss of hay lying in one corner—Goodall turned it round, and I saw him take from it some strips of brown paper—I went across the yard and saw Houghton in the stable—I looked up and saw several trusses of hay in the loft above—I said to Houghton, "I see you have a quantity of hay in the loft, where did you get it?"—he said, "I bought it of Rutherford"—I went into the loft, and handed down the trusses, calling across the yard to Mr. Harrison to come, and he identified four of them as his, besides the one which was being cut—in one of those found in the loft Goodall found two strips of paper, and I found two strips of paper, but I lost them afterwards.
Cross-examined. Q. What time was it? A. Between 4 and 5 o'clock in the afternoon—on going into the stable, some trusses of hay were visible in the loft as I looked up—Houghton was attending his horses, there were two in the stable—I have never been to the prosecutor's premises—I did not know the prisoners before.
COURT. Q. Were you present all the time that Harrison was at
Houghton's? A. I was on the premises—I was with him all the time he was in the presence of Houghton, and nothing could have been said by Houghton which I did not bear—he did not say in my hearing that he had no right to say where he got the hay, or anything of that sort—not with reference to the hay, but with reference to the corn.
WILLIAM HARRISSON . I am the prosecutor's brother. On 13th Feb. I went to Houghton's, and saw some trasses of hay, Which I recognised by the quality—I indemnify these straw bands as my brothers property—it was not Brightman's duty, when hay was cut up, to take it into the stable for the horses, I took it in myself, and he took it into the loft—I know he took it in—I did not know that Brightman had a key of Houghton's granary.
Cross-examined. Q. You know the hay by the bands? A. Yes, and by the quality—I twisted the bands, and another man made them—he is not here—only three men and a boy are employed on my brother's premises—the stable door was not locked—persons about the premises could go up from the stable into the loft—I have access to it, and occasionally go up there—the boy is not able to take the hay up there, he puts it into the rack—he could put it out at the window—there is not a public footpath through my brother's farm yard, but close by—I have known Houghton about four or five years, and Brightman a longer time.
COURT. Q. When did you last see the trusses of hay safe? A. On the 12th, between 10 and 11 o'clock at night, and in the morning they were gone between 8 and 9 o'clock.
COURT to JOHN GOODALL. Q. When was the last time your saw the trusses of hay safe? A. Between 12 and 1 o'clock on the morning of the 13th, and I missed them in the afternoon of the same day—I was Watching from between 12 and 1 to 3 o'clock—they were not taken away during that time.
COURT to B. C. WILLIAMS. Q. Ton said that you threw down five trusses of hay, was there other hay in the loft! A. There was a portion of a truss broken, but no other whole truss.
(Houghton received a good character.)
BRIGHTMAN— GUILTY [Recommended it mercy by the jury. See original trial image.] .
HOUGHTON— GUILTY on 2nd Count. Recommended it mercy by the jury. — Confined Twelve Months.
(There was another indictment against the prisoners.)
OLD COURT.—Friday, March 7th, 1856.
PRESENT—Mr. Justice Wightman Sir GEORGE CARROLL, Knt., Ald.; Mr. Ald. FINNIS; Mr. Ald. CUBITT; and Mr. Ald. LAWRENCE.
Before Mr. Justice Wightman and the First Jury.
PLEADED GUILTY .—(See next case).
JONES PLEADED GUILTY . Aged 16.— Six Years Penal Servitude.
MR. SLEIGH conducted the Prosecution.
SAMUEL NAPOLEON CLUFF . I am a silk manufacturer, and reside at Grosvenor-house, Walthamstow. About 4 or 5 o'clock on the afternoon of 8th Feb. I was passing down Tyson-street, Bethnal-green—I crossed the road towards Virginia-row, just beyond King-street, when the prisoner Jones jumped at my right arm—he came from my side, jumped at my side, and turned my face to the wall, so that I could not see who was in the road—he made a violent snatch at my chain, and pulled me right round again, and I then saw four persons in the road besides Jones, who had then run—they were at equal distances of three or four feet from each other, so as to allow Jones to go up King-street—they were at the side of me, not surrounding me—I had scarcely got on the payement, I was on the kerb—Jones succeeded in stealing my seals, key, and locket, and ran away—I instantly pursued, and a thief who is not in custody made a blow at my head, intending to knock me down, but I bobbed, and knocked off my hat—after I escaped from that one, Martin fell on all fours—I instantly jumped over him, and I had not run twenty yards before I caught Jones—we had a desperate encounter—I swang him to the ground, and caught hold of the skirt of his coat, and he went round like a humming top, and kicked out in all directions at my shins, so that I was forced to let him go—I then gave him a good chase for at least three quarters of a mile, and after I had caught him a second time Martin came up to me, and took my attention off Jones, saying, "You have got the wrong man there"—I knew I had not, because I saw my property in his hands—he said, "There runs the man (pointing down Tyson-street) that has got your seals"—Jones then got his handkerchief loose, and got my finger into his mouth, and nearly bit it off—we had half an hour's struggle—Martin was present all that time—Martin then laid hold of Jones's right arm, and seeing that I was getting the better of Jones he made a violent kick—I can show you my trowsers where he kicked me—he kicked me on the legs—I was forced to leave go of Jones on that account, and then Martin, to prevent my following Jones, took'me right round my waist, lifted me off the ground, and said, "Sir, it is no use your following that youth; you will get murdered, man"—what took place then I cannot exactly say, for we were then opposite the Pitt's Head, and Martin says I offered him a glass of ale; very likely I did—I took hold of his arm—I could not hold him till any one came to my assistance, I was forced to get him into the Pitt's Head—I walked in with him, and called on the landlord for his assistance—Martin then attempted to get out—he butted at me, and tried to get out, but with the landlord's assistance he was prevented, and was given into custody.
Cross-examined by MR. RIBTON. Q. You were considerably excited, were you not? A. No, I was very hot, but perfectly collected, I knew what I was about—I had been in the warehouse all day, from 9 o'clock in the morning—this occurred about five minutes' walk from the warehouse—I had had lunch about 1 o'clock, and, I believe a cup of tea before I left—I did not have a glass of ale with Martin at the Pitt's Head—I very likely asked him to go in—perhaps he might not have thought that among the 200 people that were round there I should know him to be the person that kicked me, but I saw him perfectly—I should think there were at least 200 persons round
me—there were at least forty thieves, or fifty, there was an enormous lot of them, an incredible number—I was struggling with Jones for at least half an hour—that was not above twenty feet from the public house, just across the road—it was opposite there that Martin kicked me—I walked across the road to the public house—I did not call for anything—I got knocked about a good deal, I was kicked all over my person—it was after I received a good many kicks that Martin said, "It is no use your following that youth, you will get murdered"—to take him off his guard I very likely offered him a glass of ale, half a sovereign, or anything else—my reason for doing so was to get him into the public house—Jones was not taken at the time, he escaped—when I had got Martin into the public house I charged him with being concerned, with others, in robbing me, and also with kicking me in the stomach, and the moment I did so we had a tremendous fight—he wanted to get away—I did not lean upon his arm to go into the public house—I put my arm in his, and laid hold of it—he did not take hold of my arm to lead me across to the public house—I swear that—I took him there—I was not in a fainting state, I was very nervous after an hour's fighting, and with this kick.
MR. SLEIGH. Q. Did Martin, by putting his arm round you, prevent your continuing your pursuit of Jones? A. He did—directly I went into the public house with Martin I called for the landlord, and charged Martin with being concerned, with others, in robbing me, and kicking me.
COURT. Q. When was it that you first saw Martin? A. I am always down in that neighbourhood, and have frequently seen him—the first time I saw him on this occasion was when be laid himself in the road in Virginia-row, and I jumped over him—the next time I saw him was when he came up and told me I had the wrong man.
WILLIAM TERNELL . I am landlord of the Pitt's Head public house, in Tyion-street, Bethnal-green. About 5 or 6 o'clock on the afternoon in question, Mr. Cluff came into my house together with Martin—I was in my bar parlour at tea—as soon as I came out to the bar Mr. Cluff addressed me, saying, "Pardon me, Sir, but I call on you to assist me to give this man in custody for being concerned, with others, in robbing and ill using me"—I sent for a policeman—if the prisoner made any reply to the charge which the prosecutor made, I paid no attention to it—I do not know that he did, there might have been some words—I said, "Whatever you have got to say you must say it at the station house, for I have nothing at all to do with it"—he made an effort to get away, he and the prosecutor were struggling together—I went round the counter and laid hold of him, and turned the mob out from the front of the bar and closed the door, and when the policeman came I gave him into custody.
The prisoner Martin's statement before the Magistrate was read, as follows:—"I saw Mr. Cluff struggling with a man who was bleeding from his nose, and two more men were assaulting Mr. Cluff, and I went up to protect Mr. Cluff, but they beat me off; and struck me; I went up again to assist him, seeing he was being ill used, but they bad got the lad away, and Mr. Cluff was trembling and shaking, and seemed ready to drop; he told me to come and have a glass of ale, and said he would give me a half sovereign for assisting him; and I went in with him."
THOMAS HARRIS (policeman, H 119) examined by MR. RIBTON. Martin gave me an address—it was not correct, I went to the house which he described as his address and asked the landlady, and she said no such party had lived there—that was at No. 44, Bacon-street—I do not know No, 44, Brick-lane, Bethnal-green—the address he gave me was No. 44, Bacon-street—I
did not find him out in consequence of the address he gave m—I did not find out where his sister lived in consequence of going there—I was sober when I was examined before the Magistrate—the address he gave me was No. 44, Brick-lane, Bethnal-green—I did not find that his sister lived there—he has several sisters living I believe—I did not inquire about all his sisters—I have found out where some of his sisters lived; at a house in Bacon-street—I believe I found that out a day or so afterwards—it was No. 44, Bacon-street—when I went to where the prisoner gave his address, I was then told by the landlady that a sister of his lived down below, a few doors off—at No. 46 I believe, I am not positiva.
COURT. Q. Was it No. 46, Brick-lane, or No. 46, Bacon-street, when the sister lived? A. I am not positive as to the No., it was Bacon-street—I believe it is called Bacon-street, Brick-lane—she lives there now—I booked down my deposition after it was taken (looking at it)—I say now that the address was No. 44, Bacon-street—I cannot say how I came to my Brick-lane before the Magistrate—Bacon-street is not called Brick-lane that I know of—one runs into the other.
MR. RIBTON. Q. Did you find out that the prisoner lived with his sister? A. No, I did not—I asked—I swear I do not know that he lived there with his sister—no one told me so.
MR. RIBTON called
JANE HEYWOOD . My husband is a surgical case maker, living at No, 1, Duke-street, Turk-street, Bethnal-green—I know nothing of the prisoner, he is a stranger to me—I recollect this Friday when Mr. Cluff was robbed—I was at home at the time—I heard the cry of "Stop thief!" and went out to see what it was—I saw Mr. Cluff struggling with a young man—he had him round the neck by the handkerchief, and there was a tall man came by and struck the gentleman, and got the young man away, and they both wn away together—Martin was not in the crowd till after wards—I saw him, it might have been two or three minutes afterwards—the gentleman went up to him and asked him to protect him through the crowd, and he would give him a glass of something to drink and a half sovereign, and he said he would go with him anywhere, and they walked away arm in arm together—I did not notice where they went to, I went away—I afterwards heard inquiries made about it, and I said I would come and say what I saw.
Cross-examined by MR. SLEIGH. Q. When you heard the cry of "Stop thief!" were there a great many peraona in the road? A. There was a crowd—I saw Mr. Cluff quite as plainly as I see him now—there were a great many people close about him—rl was in the middle of the road—the crowd was in the road, and on the pavement, and all over the street—Mr. Cluff was in the crowd, struggling with the young man—I cannot say whether it was Jones, I did not see his face—I can a wear to Martin by his coat, he had on the same coat as he has on now—I swear that he and Mr. Cluff walked away arm in arm togethe—I thought they went away friendly, and took no more notice.
JUBY. Q. How near were you to them when you heard this said about the glass of ale? A. Close to themr—I know the Pitt's Head—it was about 100 yards, from where this happened.
MARTIN— GUILTY . Aged 29.— Four Years Penal Servitude.
360. WILLIAM DOWLING BBUCE was indicted for unlawfully publishing a libel concerning John Thomas Plummer:to which he PLEADED GUILTY .— To enter into his own recognizance in 100l. to appear and receive judgment when called upon.
361. CHARLES RAINES , burglariously breaking and entering the dwellinghouse of Benjamin Wells, and stealing a silver flute, value 28l., 13 spoons, and other property, his goods; and EDWIN BUTTERWORTH , feloniously receiving part of the said goods.—2nd COUNT, charging both with receiving.
MESSRS. SLEIGH and LOGIE conducted the Prosecution.
BENJAMIN WELLS . I am a professor of the Royal Academy of Music, and live at No. 1, St. James's-terrace, St James's-equare, Notting-hill; it is in the parish of St. Mary Abbotts, Kensington. On the night of 7th Feb. I went to bed about half past 10 o'clock—I left my silver flute in a case in the dining room—it cost twenty-eight guineas—it was the first time for four years that I left it there—my house was secured in the ordinary way when I went to bed—about 2 or half past 2 o'clock in the morning, I was disturbed by a breaking noise, as if of some one on the stairs—I got up, and went down into the parlour—I found the place in confusion, and my flute case lying empty on the floor—I then heard a noise, as if of some one escaping from the back—I afterwards went to the police station, and gave information—I found a screwdriver lying on the parlour table—these are the pieces of my flute (looking at some broken pieces)—these forks, spoons, and sugar tongs are also mine—they are marked with my initials—an attempt has been made to efface them; with some they have succeeded; in others they are quite visible—all these articles were in my house on the night in question when I went to bed.
JAMES CLARK (policeman, T 183). On the morning'of 8th Feb. I went to Mr. Wells's house—I examined the back kitchen window—I found a pane of glass removed from the window—there were marks of violence used by some instrument, which corresponded with this screwdriver—I also found that the back of the bolt of the door had been cut away—by those means a person would be enabled to effect an entrance to the house—I examined the garden, and found several footmarks there—I afterwards obtained a boot, which I got from the prisoner Raines in Newgate—I compared that boot with the footmarks—I made an impression with the boot in the mould by the side of the other marks—I afterwards measured the two impressions, and compared them—they were the same length, and the same width across the ball of the foot, and also the width of the heel—it was a high heel, and there was a hollow in the centre of the foot, and the boots were rights and lefts—I compared both—the ground was very wet—it was a very wet, showery morning—it was in a state to retain an impression—the impression I found was rather a deep one, about an inch and a half in depth at the heel part, and the sole part about half an inch—it was as if a person had jumped from the wall, which is about five feet high.
Cross-examined by MR. W. J. PAYNE (for Raines). Q. Wken was it you examined these footmarks? A. On the morning of 8th Feb.—I did not get the boots till the 11th, but I covered up the footmarks in the mean time—it was showery on the 8th and 9th—I think it was fine on the 10th—I am sure the boots fitted—I did not put them into the marks, only by the side.
Cross-examined by MR. M'ENTEER (for Buttemoorth). Q. Did you try any boot or shoe of Butterworth's? A. I took his boots from him, but I did not compare them with the marks, I could see that they did not correspond.
MR. LOGIE. Q. Did you cover up the footmarks on the morning of the 8th? A. Yes, in such a way as that the rain could not efface them.
JAMES RUTHERFORD . I am assistant to John Henry Benham, a gold refiner, at No. 53, Barbican. On 8th Feb., about 12 o'clock in the day, Butterworth came to me with twenty-six ounces of silver, consisting of this broken flute and some spoons and forks—he asked me to purchase it—I said by the appearance of it, it looked very suspicious, and I should make some inquiries respecting it before I purchased it—I asked him where he got it from—he said he brought it from Mr. Gurr, of Marylebone-lane—I said I should detain it until I had made some inquiries—I wrote a note to Mr. Gurr, asking an explanation, and gave it to Butterworth, and he went out taking the note with him—in about five minutes he returned, in company with Raines—I said to Raines, "Does this silver belong to you I"—he said, "Yes, I have had it some months"—J said it looked very suspicious, and I must make further inquiries before I bought it—he said, "Oh, very well, when shall I call?"—I said, "You may call in the afternoon"—they then both went out together—they did not call in the afternoon—I at once communicated with the police, and saw them in custody the same evening.
Cross-examined by MR. W. J. PAYNE. Q. As soon as anything like suspicion appeared to be created, Raines came in, did he not? A. He came in with Butterworth, after Butterworth went out—he did not come again in the afternoon, because he was taken in custody—when he said the silver was his property, I did not show it to him—he said that the silver which Butterworth had brought was his property.
Cross-examined by MR. M'ENTEER. Q. Did Butterworth bring back Raines as the person to whom he had given the note? A. No, he did not say anything about the note—he gave the address of No. 58, Marylebone-lane, as where he brought the silver from, Mr. Gurr's—I do not know any person of that name.
JOHN LEONARD (City policeman, 119). I apprehended Butterworth about half past 5 o'clock in the afternoon of 8th Feb., at No. 58, Marylebone-lane—that is where he lodges—I asked him if he had been in the City that morning—he said he had—I then asked him if he had offered any plate for sale—he said he had, at Mr. Sin-ell's, in Barbican—I asked him from whom he received it—he said he received it from a man that lived convenient—I then told him I was a police officer, and he must consider himself in custody, and he must also n'nd the other man from whom he received it—he said he could find him, and he took me to No. 2, Barrett's-court, Wigmore-street, where Raines lived—I inquired of Mrs. Raines if her husband was in—she said he was up stain—I went up, and found him on the second floor—Butterworth came part of the way up—I then asked Raines some questions.
MR. W. J. PAYNE. Q. Were you in your police dress? A. No—I told him I was a police officer—I questioned him first—I did not caution him that what he said might be used against him.
MR. LOGIE. Q. Tell us what passed? A. I asked Raines if he had sent the other man into the City to sell the plate—he said he had—I then told him he must accompany me to Mr. Benham's (it was formerly Mr. Sirrell's)—he said he would do so—when we got there he was shown the plate—I then told him he must come to the station house, and satisfy the inspector as to how he came possessed of it—he made no observation when he was shown the plate—I searched his place—I found a bill relating to his busi-ness—on our way to the station house, he said that he had had the plate by him for a length of time; and as regards the silver flute, he received it
from his brother, Who was gone to Australia—that was laid to me in Oxford-street, before he saw the plate at Mr. Benham's—I had not then mentioned to him anything about the nature of the articles at Mr. Benham's—I had mentioned it to Butterworth.
Cross-examined by MR. W. J. PAYNE. Q. You mentioned it in Raines' presence, did you not? A. Butterworth mentioned to him respecting the flute—I had mentioned it myself—I asked Raines if he had sent Butterworth with this flute and the spoons to sell, and he said he had—he told me that at once—he said that Butterworth was a man that traded a little in that sort of thing—he did not say that he himself did—he said he gave it to Butterworth to sell, because he thought he could get a better price for it than he could himself—there was a little old furniture in the shop—I do not know that he sometimes deals in old metal—all this took place after I had told him I was an officer.
Cross-examined by MR. M'EHTEER. Q. Butterworth gave you replies at once to your questions? A. He did—he gave them openly and frankly—he took me at once to Raines' residence, and stated in his presence that he had got the plate from him, which Raines admitted—I do not know anything of Butterworth—I believe he has a date on his person, containing his name and address, and stating that he is subject to fits, that he might be taken to his residence.
MR. LOGIB. Q. Did Butterworth mention the name of Gurr to you at all? A. No, not to me.
JOHN FOULOER (City police sergeant, 89). It was my duty to take Butterworth to Newgate after his examination at the police court—on the way he asked me what I thought would be done with him when he came up again—I told him that would depend upon the evidence—he then commenced telling me about going to Raines'; and I said, "You had better not tell me anything of the case, unless you wish me to repeat it"—he said, "I only want the truth told"—he then stated that on the morning of the day that he took the plate to Barbican, Raines went to him, about 9 o'clock, and said he had got a little job that he wanted him to do; he thought he could put a crown in his way; that Raines then took him back to the house, and showed him the plate; it was all then in a perfect state, and he told him he wanted him to file out the names, and to break it up; he said they could sell it better after, it was broken up than they could perfect, or words to that effect; that he then filed out the name, and broke up the plate, and went with Raines' to Barbican; that he took the plate in, and Raines waited outside; that he had no idea it was any part of a robbery; if he had, he should have had nothing to do with it.
Cross-examined by MR. M'ECTEBR. Q. Did he volunteer that statement himself to you? A. He did, after being cautioned—he did not Bay that Babes had told him he had had the plate by him a long time—he told me that he was a working jeweller, and did jobs in the jewellery business—I never saw him until he was in custody—he has a plate on his person stating that he is subject to fits—I have often found such plates on persons subject to fits—he was quite frank and open to me—I atked him no questions—he volunteered it all.
(The prisoners' statements before the Magistrate being read, Raines said: "I leave it to my solicitor; I am not guilty, indeed I am not" Butterworth said: "I do not see what fault I am in, as the gentleman gave me the little job to do, as he thought I should get a trifle more for it")
(Mr. M'Naughten, boot and shoe maker, Dories-street, Berkeley-square, and
nine other witnesses, deposed to Raines's good character for many years. Butterworth also received a good character.
RAINES— GUILTY of receiving. Aged 47.— Four Years Penal Servitude.
BUTTERWORTH— GUILTY of receiving. Aged 33.—Strongly recommended to mercy by the Jury, on account of his infirmity. — Confined Six Months.
NEW COURT.—Friday, March 7th, 1856.
PRESENT—Mr. Justice ERLE; Sir FRANCIS GRAHAM MOON, Bart., Ald; Mr. Ald. CUBITT; and Mr. Ald. LAWRENCE.
Before Mr. Justice Erie and the fifth Jury.
NOT GUILTY .
363. THOMAS BUSH, JAMES POWELL , and SAMUEL LAMBERT , burglariously breaking and entering the dwelling house of Samuel Berridge, and stealing 1 bushel of flour, and other goods, value 11s.; his property.
MATTHEW JOKES (policeman, K 130). I was on duty at Stepney, on 11th Feb.—I heard some footsteps at a quarter before 1 o'clock in the morning—I went to the yard of Mr. Berridge—I saw a hand on the water closet door—I went and saw Bush and Powell in the water closet—I asked them what they were doing—they said they were doing nothing, only going then to sleep—I found in the water closet about a bushel of flour, and a show glass, and there was a bag lying on the floor—I saw Powell drop this hand-kerchief, which contained some pastry—I apprehended them, and searched the premises—I found outside the premises a jar of jam, and two candle-sticks were in the adjoining yard—they had been put through where the fence was broken away—I went into the house, and roused the inmates—the kitchen window and kitchen door were open—there were two squares of glass broken in the kitchen window, and paper had been pasted over them—they had been burst, and a hand could then be put in and open the window—I found Lambert concealed under the counter in the shop—I had seen the three prisoners that night—they had passed me at 11 o'clock it night, in front of the house—they were all three in company.
SAMUEL BERRIDGE . I am a pastrycook, and live at Stepney. I was called up by the last witness, at a quarter before 1 o'clock that morning—I went down, and found the place was open—it was all fast when I went to rest—the door was fastened with two bolts and a latch, and a large baking plate was laid against the door, to alarm me if any one moved—the glass of the window had been broken twelve months, and brown paper was pasted over it, and boards laid against them—the paper was whole the night before—if a hand was put through that paper they could open the window, and a boy could get through—Lambert knew my preraises—he has cleaned my shop, but I had not had him to do anything for the last three or four months—this bag is my mealman's property, but it was on my premises—the flour, and pastry, and candlesticks were mine, and the jam was mine.
Bush. My mother was gone to bed, and I went round the baek way, and went there to sleep, because it was so late.
BUSH— GUILTY . Aged 16.— Confined Six Months.
POWELL— GUILTY .
LAMBERT— GUILTY . Aged 13.— Confined Three Months.
(Powell was further charged with having been before convicted.)
WILLIAM PONDER (policeman, K 321). I produce a certificate of the prisoners former conviction—(Read: "At Clerkenwett, on 10th Jan., 1854, Powell was convicted for embezzling money of William Ward, his matter, and confined nix months")—the prisoner is the person.
GUILTY. Aged 16— Confined Twelve Months.
JOSEPH IRONS . I live in Paradise-place, Islington, and am in the employ of Mr. Wood, of Bucklersbury. On 23rd Nov. the prisoner brought this order there (read: "Mr. Wood. Please send by the bearer two dozen comp. No. 6 and No. 12, for R. Mixer, 99, Goswell-street. 23rd Nov., 1800")—I told him there was no one at home—he said he wanted these candles, as he was in a hurry—he said they were to go to No. 99, Goswell-street—he went away and came again—I gave the order to Mr. Rothwell, and I saw him give the prisoner two dozen pounds of candles, the same as were ordered—Mr. Rothwell went into another room to make out the invoice, and while he was gone the prisoner took the two dozen which Mr. Rothwell bad done up, and he took two dozen more and took them away—he putfive parcels in his box, and tied tip three in a string, which he carried under his arm—I did not say anything to him—I thought he had to have them all.
Prisoner. Q. I should like to know the weight of these candles? A. Six pounds in each packet—I did not say, "These are the candles you are to take"—Mr. Rdthwell gave you two dozen.
Prisoner. He laid them down on the counter, where there were these others; I took them all; I said my box would not hold them all, and you brought me a piece of string to tie them.
GEORGE HOLLUCK . I was a traveller, in the employ of Mr. Wood. On 23rd Nov. I received this order—I found these two dozen were gone, and two dozen more—this order is for two dozen—Mr. Roth well is out of town.
ROBERT MIXER . I live at No. 99, Goswell-street. This order was not written by me nor by my authority—I know nothing about it—there is no one who can issue such an order for me—I think I have, seen the prisoner, but he had no authority to get these goods.
JOHN MILLS (City policeman, 146.) I took the prisoner on another charge—I found on him 1 1/4 d.—I found on him an order—I asked him how he came by it—he said a young man came and asked him to take the order, which he did—he said he had been six weeks in London, and had no residence, and no employ at all.
Prisoner. This order was given me by a man in Cheapside, to take to Mr. Wood's; the man took the candles, and gave me a shilling.
GUILTY .— Confined Twelve Months.
(The prosecutor and the prisoner being Italians, the evidence was explained by an interpreter.)
CARLO LARNI . I live in Baldwin's-gardens—the prisoner was partner with me, and lived in the same house—this night' fortnight I came home, about 5 o'clock—the prisoner was at home working—I asked him why he did not light the fire—he replied, "I will buy the goals when you take more money"—I said the money he bad was as much mine as it was his, and he had money if he wished to buy the coals—I travel about with images—we went on quarrelling about money, and he had a knife in his hand, and struck me twice in the left shoulder with it.
Prisoner. He was the first in the quarrel, and I being at the bench using the knife, struck him; he was the first, he struck me with his hand. Witness. I did not strike him.
Prisoner. You came from a village, and you struck me with your fist. Witness. No, I never touched you; you had a piece of plaster in your hand, and you threw that at me.
COURT. Q. Did you go to the surgeon at the Free Hospital? A. I went to the station, and the policeman took me to the Hospital.
GRIFFITH RICHARD JENKINS . I am a surgeon, of the Free Hospital. I examined the prosecutor's shoulder—I found two punctured wounds, one outside the shoulder and one inside—one was about an inch and a half deep, the other about an inch—the wounds are not yet healed—I consider them likely to be injurious to him for some time.
Prisoner's Defence. I do not know how it happened; it originated in a quarrel between us; I acknowledge I gave him the blow, but I did not mean to do him any harm; we had never quarrelled before; we had been friends some time.
GUILTY of unlawfully wounding. Aged 22.— Confined Six Weeks.
MR. DALEY conducted the Prosecution.
HERBERT ALDRIOH . I am A linen draper, and live at No. 17, Bedfordplace, Commercial-road. The prisoner came to my house on 20th Aug.—I waited on her—she bought a few things, amounting to less than 1l—she gave me a 10l. note in payment, stating that she received it from her husband in the country, who was a commercial traveller, and she having been in my house many times, I cashed it for her, and gave her gold and the goods—I put the name and address on it, "Elizabeth Lee, Johnsplace," which was the address she gave me—this is the note—I paid it into Powell and Co., Friday-street, and on 5th Sept their clerk brought it back, as being forged—it is the same note I had previously received from the prisoner—I went to the police station, and saw the sergeant—I told him the particulars, and described the appearance of the prisoner—he took charge of the note.
Cross-examined by MR. METCALFE. Q. You had known her some time? A. Yes, six months, I should say, prior to the passing of this note—I had sold her things before—she had always taken them with her—I cannot recollect whether I knew her name before.
WILLIAM COPPING (policeman, K 379). I took the prisoner into custody on 27th Feb.—I told her she was charged with passing a bad 10l. note at a shop in the Commercial-road—she said, "I did pass the note, but I did
not know it was a bad one"—I said, "Where did you get it!"—the said, "I picked it up in one corner of my room, at No. 18, John's-place"—I knew she bad lived there at one time.
Cross-examined. Q. Did you know that that was a brothel? A. Yes—I heard some person lodged there who has been since detected in passing forged notes, but I cannot state it from my own knowledge—I cannot give any further information about the prisoner, nor about the man—I know there was a man brought up about forged notes—whether he lived in that house I cannot say.
NOT GUILTY .
MR. RIBTON conducted the Prosecution.
PETER WINCEY . I am a chemist, and live at No. 3, Ship-alley, Wellclosesquare. On 23rd Feb. I was walking in Ship-alley, about half-past 12 o'clock in the morning—I had four half crowns and a 2s. piece, which I was putting into my pocket—I had taken it from one pocket, and was putting it into another pocket—while so doing I saw the prisoner in company with three low women—I had no sooner passed them than I received a violent blow on my back—the prisoner put his leg out, and I fell—the prisoner struck me several times—with his fist while I was down, and kicked me violently on the chin and under the jaw, and the women also—the women exclaimed two or three times, "Have it from him or choke the b—"—the prisoner took my hand, which was still in my pocket, and had the four half crowns in it—he took the money, and put my thumb into his mouth, and bit it severely to the bone—it is not now recovered—the prisoner then made a way to get up—I laid hold of him by the leg, and he kicked me again violently in the chest—he took my money out of my hand at the time he bit me—he ran away, and I ran after him—I caught hold of him by his coat in Wellclose-square—he turned round, and gave me a severe kick, and struck me two blows in the face—he ran on—I was after him—he ran into Well-street—before I got into Well-street I called out, "Stop thief!"—when I got into Well-street, I saw a constable, and said, "Stop that thief! that man has robbed me of four half crowns, and used me violently"—I never lost sight of him for one moment—I was perfectly sober—I am quite sure the prisoner is the man.
Cross-examined by MR. METCALFE. Q. Where had you come from? A. From Limehouse, from the east end of the Commercial-road—I had not been in a public house—I had been to see a friend of mine, Mr. Jeremy—he lives at Limehouse Church, which is at the bottom of the Commercial-road—if I were to write to him, I should direct to Mr. Jeremy, Commercial-road, near Limehouse Church—that would find him—he was not at home—I got to his house about 11 o'clock—I walked straight back again—I had not been anywhere before; I walked there from my own house—I started about a quarter before 10 o'clock as near as possible—I had some private business to see him on—I have not the whole noose in Shipalley—I have one room—that is not a chemist's shop—I am out' of business—I did not say at'first, when I was before the police, that I Bred at No. 3, Wellclose-square—I said Shipalley.
Q. You describe yourself as a druggist, do you carry on business without a shop? A. No—I have my diploma—I do not go about the street, or stand at the side of the pavement—I am a respectable person—I do not go to country fairs—the last I did as a druggist was two years ago—I had not
a shop—I was in a situation with a Mr. Davies, at Coleshill, in Warwickshire, for fifteen months, which terminated two years ago—the last two years I have lived on my property, which I have sold, at Guernsey—my wife lives with me—I got the money I had in my pocket on this occasion at home from my wife—she gave me a half sovereign and a 2s. piece—when I started, I went straight to this place in Commercial-road, and straight home—I had a few pence in my pocket—I called in a public home in the Commercial-road—I had a pint of ale—it came to 3d.—I had sufficient halfpence for that—I went nowhere else.
Q. How came you to change the half sovereign? A. While I was taking my ale in this public house, a woman came in, and she required a half sovereign for four half-crowns, and I gave it her—she appeared to be a respectable servant maid—she came in without a bonnet, so I complied with her request—I did not tell my wife about that—I did not mention it—my wife did not ask me how it came to pass that I lost the half crown instead of the half sovereign—she did not ask me till afterwards—I had never before come home, and told my wife that I had been robbed of any money—the money was given me to pay this person at Limehouse—I could not leave the money for him, because there was nobody at home—the house was shut up—I could not make any one hear—on my oath I went to that house—I had to pay that money which I owed—it had been lent to me—I am living on my property—the man's name is Mr. Jeremy—I owed him 12s.—he lent it six or seven weeks ago—I gave him no I O U for it—I went to him at that time of night because I could not conveniently go earlier.
COURT. Q. What was the reason? A. My wife was out, I did not know where she was, and I thought she might be there—she does not usually take a walk at 9 o'clock at night without telling me where she has gome; but this gentleman holds a situation, and I thought it likely she would be there—we are in the habit of visiting each other—we have known each other twenty years—my wife was in the habit of going there, and they of coming to see us—my wife told me previous to going out that she might go there, and that it was very probable she would—I did not go with her because I had other business to attend to.
Q. You had no business, why did you not go with her? the answer, "I had other business," is the same as saying, "I won't tell you?" A. The reason I did not accompany my wife was, I had to go as far as the Borough after a situation—I wanted to see a person concerned in it—I had gone about 7 o'clock—I then came home, and went to this other place.
MR. METCALFE. Q. Who did you go to in the Borough? A. I went into Maze Pond, in the Borough, or Bermondsey—I went to Thomas-street, the name of the person I went to is Mr. Johnson, he is a medical agent—I went to see him—I did not see him—rl took the money with me when I went there—I received it from my wife previous to my going, about a quarter past 7 o'clock—I told her I was going to the Borough—I did not get into any public house there—the public house in the Commercial-road was the only one I was in that day—I was within a few yards of my own door step when I was robbed—from there I went into the square, and then into Well-street—I could not call out at first, because I had three women round me—I called out in the square—I told my wife that I had been violently robbed and ill used on this occasion—she has given me money on many occasions before, when I have gone out to pay little bills—I have not told her when I have got home, that I have been robbed and lost it—no one, to my knowledge, saw the money tliat I had that night, except my wife and my daughter
—there is no one here who saw it—not the young lady that I gave the change to—I have never sold anything in the street, nor at Whitechapel toll bar—I know Whitechapel toll bar—I lived as a chemist, in St. George's in the East, seven years ago—I have never done anything the last two years—I am very seldom out in the evening—my thumb was bitten to the bone, and I was so much injured about the chest that I felt it for two or three days afterwards—I never wore a wig—I am not a counsel—I never wore a barrister's wig and gown near Whitechapel toll bar—I am a respectable man—I never have worn a wig and gown—I would swear it on a dozen oaths, if it were required—my wife is a shoe binder.
MR. RIBTON. Q. Did your daughter go out with your wife that night? A. Yes; they went out for a walk—I went out about half past 6 or 7 o'clock—I came home and found my wife had left—I then went to Mr. Jeremy's, and not finding her there I returned home—the person who came in addressed the landlady for the half sovereign, and hearing what she said, I turned round and said I would accommodate her—I offered to give her the half sovereign for four half crowns—after giving the prisoner in charge, I returned home, and found my wife and daughter at home—Mr. Jeremy has been an acquaintance of mine these twenty years—it was to myself that he had lent this money.
COURT. Q. Where was your property in Guernsey? A. In houses and funded money—the houses were in Gard-road, and in High-street—Mr. James Barber, in Guernsey, was employed to sell the property—it was sold in 1853 for 2,000l.—it was paid between six of us—I have received about 600l.—the last money X received was about sixteen months ago—it was placed at Mr. Deline's, the banker, to pay me, for me to draw it out—I had drawn it all out sixteen months ago—I received 65l., that lasted me for about fifteen months—I pay half a crown a week for my lodging—I have lost one child.
Q. But how did you live I you say you had 65l., which had been gone a long time before this? A. Yea; but my wife had 15l. from Madras, a 15l. bill—I got it cashed at a banker's in the Strand—my wife does not often walk out—she seldom does, but it was such a fine evening, she said she would go to this Mr. Jeremy's—I left about half past 6 o'clock, and she said she would go out about 9 o'clock—I advised her to go, and I told her very likely lafcould come down myself—I thought I had better take the 12s. myself.
Q. But if your wife was going, could not she take the 12s. and pay it? A. Mr. Jeremy advanced me the money, and I thought it best to pay it myself—my wife gave me this 12s. to go out—I went to the Borough to see Mr. Johnson, and left her to go out—I told her it was very probable I might be there before her—I had not appointed to meet Mr. Johnson, but it was through him I got that situation at Coleshill, and I was going to try if he could get me another situation—it was not rather after business hours—I had been told that was the best time to see Mr. Johnson—several persons in the medical profession told, me so—one was Mr. Matthews, who lives in Sutton-street, Commercial-road, No. 10, or No. 12—I have nerer seen Mr. Johnson since he got me the place at Coleehill—I saw a young man at Mr. Johnson's that night; he said Mr. Johnson was not at home—I asked if I could see him on the following morning—he said, "No, on the following evening"—I did not have any surgeon to dress my thumb—I dressed it myself, and likewise took medicine—I had been brought up as a surgeon, I considered I had quite knowledge enough to attend to myself.
WILLIAM BAITTN (policeman, H 132). On 23rd Feb., I was on duty in Well-street—I saw the prisoner, he ran towards me—before I saw him I heard the witness cry, "Stop thief!"—I should say he was half a dozen yards from the prisoner—he might be more—I turned round, and as I turned the prisoner ran past behind me—I ran after him and stopped him—the prosecutor came up and told me that the prisoner had robbed him of four half crowns in Ship-alley—the prosecutor showed me his hand—I saw his thumb was bleeding, but not much.
Cross-examined. Q. Did you look at his hand to see any marks on it! A. No, I did not take particular notice—I saw his hand bleeding—they came out of Wellclose-square—I was walking on the same side as Wellclosesquare—I did not see either till I turned round, and the prisoner passed behind me—the prosecutor was calling "Stop thief!"—I can hardly tell where they came from, whether from the highway, or the square—I did not see any other person—the prosecutor gave his address No. 3, Shipalley, which is the next street to Wellclose-square.
JURY. Q. Was there any money found on the prisoner? A. No, but the prosecutor told me at the station that he saw the prisoner pass the money to one of the females.
COURT. Q. Did you see any mark on the prosecutor? A. No—I did not notice any to show that he had been on the ground—the prosecutor told me that the prisoner struck him at the back of the neck, and kicked him on the leg—he showed me the bruise on his leg.
MR. RIBTON. Q. What sort of an evening was it? A. It was fine, and dry—it was between half past 12 and 1 o'clock.
(The prisoner received a good character.)
NOT GUILTY .
MR. HORRY conducted the Prosecution.
SELIM COHEN . I am a hardware man, and live at No. 10, Sandys'row, Bishopsgate-street. On Saturday night, 9th Feb., I was going along Norton Folgate with Mrs. Cohen, about half past 9 o'clock, I had a small parcel in each hand—when I got opposite the City Theatre I saw the prisoner in company with another man who has been tried to-day—I saw them together when I saw them first—it was where there are two shoemaker's shops close together, and the light was so brilliant, it was as light as it is now—their appearance was so suspicious that I said to my wife, "Is your purse safe I"—they walked away together, talking—I walked on with my wife—when we came to the corner of Spital-square the same two men were together, fronting me—the other one was closer to me than the prisoner was—I parted with my wife, as there is a lamp post which is, not quite at the kerb—I passed at the road side, and my wife at the inner side, and at that very moment the shortest of the two men stooped his head and struck me in the stomach—I stopped at the moment, and he immediately snatched my gold spectacles from my nose—they were worth from 1l. 8s. to 2l.—immediately he did so he made a start, and he said to the prisoner, "It is all right," and he crossed the road towards Primrose-street—I threw my two parcels at the feet of my wife and went after him—the prisoner immediately seized me, and said, "That is not the man that has got your spectacles, the man that has got them has gone that way," pointing with his finger towards London Bridge—I said, "I know the man who has got my spectacles, but you were with him, and I shall detain you"—he had his arm half round my body—I
put my hftnd on his shoulder immediately I said I should detain him—he struck at me with his left hand, I struck him with my right hand—he said, "if you don't let me go, I will cut your liver out"—I told him so he should if he could, but I seized his handkerchief, and we had a desperate struggle—there were, I suppose, twenty persons round calling on him to give it me, bat I remained master, and called "Police!" till a constable came and took him—a woman called out, "Give it him, Harry" and the quick of my thumb was torn from my thumb—I fancy that woman did it—it was the thumb of my left hand—they tried to get that hand away from the prisoner—that woman struck me.
Prisoner. I never touched him; he got hold of my neck handkerchief; I said, "You have got hold of the wrong one;" he held me so tight that I thought I should have been choked. Witness. The moment I made a start to go after my spectacles the prisoner seized me.
SARAH COHEN . I am the wife of the last witness. On Saturday evening, 9th Feb., I was walking with him in Norton Folgate, about half past 9 o'clock—as we passed the City Theatre I saw the prisoner and another person with him—my husband said to me, "Sarah, is your purse all right?"—I said, "Yes, I have it in my bosom"—we walked on towards Spitalsquare, and at the corner we changed, I was inside, and my husband outside—the two men were in the road, speaking together—when we came to Spital-square I saw the other young man make a snatch at my husband—my husband threw down the parcels, and the other one laid, "It is all right"—I stooped on the pavement and picked up the parcels—my husband immediately ran after the other—this prisoner ran towards my husband, and seized him—I kept my eye on them, and. there was a desperate struggle—my husband called out "Police!"—and I called "Police!"—there was a great crowd about—the policeman came and took the prisoner—I have seen the other man since—I saw him last Saturday in Newgate—that man and this man were together.
Prisoner. It is quite false; I never moved from the spot where I was standing till he came and seized me.
JOSEPH NAGLE (policeman, H 196). I know the prisoner and Jones—I saw them together on the night of 9th Feb., at half past 8 o'clock, and from that till 9 they were together, opposite the City Theatre—I saw them together a considerable time.
Prisoner. There were several gentlemen round who said, "You have got the wrong party;" I asked whether those gentlemen might come in and speak; the policeman said, "You must speak to the inspector;" and while I spoke to him the gentlemen were gone.
GEORGE HAND (policeman, H 46). At half past 9 o'clock on Saturday night, 9th Feb., I heard a cry of "Police!"—I went up and saw the prosecutor—he had hold of the prisoner, and they were struggling in the road—he gave him into my custody for being concerned with another in stealing his spectacles.
Prisoner. I asked you if I could have my witnesses inside; you said I must ask the inspector. Witness. There was a great crowd, some said one thing, and some said another.
(The prisoner was farther charged with having been before convicted).
JOHN NEAL (policeman, G 92). I produce a certificate of the prisoner's former conviction—(Read: "Clerkenwell, May, 1855, Henry Collins, convicted of stealing money from the person, and confined six months"—the prisoner is the man.
GUILTY. Aged 21.— Four Years Penal Servitude.
JULIA WHITE . I am a widow, and live in Hare-street, Westminster On Sunday week, at half past 11 o'clock, I was coming along Victoria-street—I did not see the prisoner till he came up to me, and placed his arm across my throat—he took five duplicates, which were in a portemounaie and two pocket handkerchiefs out of my pocket, and ran away—I called out, "Police!" as soon as I oould get my breath—the two handkerchiefs produced were found on him—they are mine.
Prisoner. I was going down Chapel-street; I heard this woman call out that she was drunk; I said, "Get up;" she said, "I can't;" I said, "Do, you will get your death of cold;" she got up, and then she said, "My husband is dead; I wish you would see me a little way home;" when I got a little way she gave me the pocket handkerchiefs, and wanted me to go home I said, "Good night; I must run home;" I went to run; she called, "Police!" the policeman came and took me; I said, "Take this handkerchief." Witness. I never saw him till he came and seized me with his arm across my throat.
PETER COWLAND (policeman, B 45). I was on duty, and heard the prosecutrix call, "Stop thief!" and "Police!"—I ran to the corner of Orchard-street, and saw the prisoner running down—I followed, and took him—he had this handkerchief in his hand—I brought him to thestation, and the charge was preferred against him—I went back, and found this other handkerchief in the direction he had run.
COURT. Q. Was the witness intoxicated? A. No, not Jit all—she said he put his arm across her neck, but there was no mark.
GUILTY .— Confined Six Months.
THIRD COURT.—Friday, March 7th, 1856.
PRESENT—Sir FRANCIS GRAHAM MOON, Bart., Ald.; Mr. RECORDER; Mr. Ald. CUBITT; and Mr. Ald. LAWRENCE.
Before Mr. Recorder and the Seventh Jury.
MESSRS. PAYNE and CODD conducted the Prosecution.
SAMUEL HICKS COLLINS . I am cashier of the Old Bank, Uxbridge, and know the prisoner—he lives at Uxbridge, and is a confectioner—I recollect his coming to the bank on 17tn Jan.—he produced these two bills, and asked me to discount them for him—on looking at them, I told him we would not do so—(Bill read, dated Uxbridge, Jan. 11th, 1856, drawn by John King Gurney, for 27l. 10s., signed, William Henry Hancock; accepted, payable at the Old Bank, Uxbridge)—it had not the name of Bassett on it then, but I did not decline for that reason—the prisoner said, "If I get David Bassett's name to them, will you do it then?"—I said, "Yes"—he left, and came back in twenty minutes or a quarter of an hour, and presented them both—the 27l. bill had Bassett's name on it then, and I cashed it for him—I was present when the prisoner made a statement to the inspector at the
station, but did not hear anything that I can repeat: I am deaf—the partners in the bank are Thomas Alley Riches and Joseph Smith—I can tell you what the prisoner said to the inspector, but I cannot hear with such a noise in Court—I am quite sure that my hearing was good enough to bear it—he said, "I am very sorry, Sir, that you should have the trouble to come up here under such circumstances"—I said, "Yes, so am I"—he said, "They are not all forgeries"—I said, "You had better be careful what you say, for everything you say will be taken down in evidence against you"—that was all that passed.
DAVID BASSETT . I am a corn dealer, residing at Uxbridge. The indorsement to this bill is not my writing—I never authorised the prisoner or any other person to sign my name to it, or to use my name in any way.
WILLIAM TIMEWELL (police inspector). On Friday, 8th Feb., I saw the prisoner at the station house at Illingdon—he was not taken into custody till then—he said "What can you do for me, Sir?" or "Mr. Timewelt—I said "I have nothing to do with it"—he said, "I can get the money, if that will do"—I said, "That is for the bank authorities, it has nothing to do with me"—he said, "I have paid Mr. Hall," who is a miller of Uxbridge, "some thousands of pounds, and they have put an execution into my house for 60l., and almost driven me out of my senses; I took two of the bills to the bank, and they said that they would cash them if I would get Mr. Bassett's name; I went to Mr. Bassett's house, and he was not at home, and I did them myself; afterwards other executions were put in, and I did some more"—I said, "Sergeant Koadknight has gone down to your house"—(that was in consequence of his asking me where Mr. Collins was gone, and when the case would be heard)—he said, "What for?"—I said, "To see if there are any papers or money"—he said, "I suppose the principal papers you will want will be those from which I copied the names; you will find them in the desk in my shop"—I went to hit house next day with Sergeant Roadknight, and found some papers on some files in the shop window—we both took some of them off—(Some papers found at the prisoners house were here produced by Sergeant Roadknight).
The prisoner was also charged upon four other indictments with forging and uttering other acceptances: to all which he
PLEADED GUILTY. Aged 32.
(Joseph Sounders, a fanner of Collingwood, in Buckinghamshire; and Henry Morton, builder and plasterer, of Uxbridge, gave the prisoner a good character).— Recommended to mercy by the Jury.— Judgment Respited.
371. JOHN WILLIAMS , burglariously breaking and entering the dwelling house of Benjamin Boulter, at St. Martin-in-the-Fields, and stealing therein 1 iron chest, 2 lbs. weight of cigars, and other articles, value 8l., 10s.; 1 wine warrant, value 195l.; and 15s. in money; his property.
MR. PAYNE conducted the Prosecution.
BENJAMIN BOULTER . I keep the Marquis of Granby public house, Chandos-street, in the parish of St Martin-in-the-Fields—it is my dwelling house. On 13th Nov. I went to bed at 10 o'clock—I was awoke in the night,
about 2 o'clock, by a noise like the opening of a window—I opened my door and went to the stair foot door; listened 5 or 10 minutes, and not hearing anything went to bed again—I was again awoke by a crashing noise, like breaking a door open—I called out, "Charles, is that you? who is there!" to my young man, and thought I heard somebody move on the stairs—I said, "Well, it is a good thing I have got my gun loaded"—there was a window before my bed room door, which had been opened to let the smoke out—I put it up, and heard a voice outside which I knew, singing "Hail smiling morn!"—that turned out to be Mahoney, who has been trans ported—(see page 185)—I thought the noise I had heard was outside, instead of in, and went to bed again—I was afterwards called up, and found the door open, and the bar door broken open, which was five or six feet from the door—I missed about 21 bs. weight of cigars, and found cigars lying about, two drawers in the bar parlour were broken open, and a shawl was gone from one, which I put there when I went to bed—the till was broken open, and 15s. gone, which were safe over night—I went into the parlour, and missed an iron chest, containing leases, wills, and about 175l. worth of dock warrants and several valuable papers, and it weighed two cwt, but had two handles, and two men could carry it very well—a silver caddy spoon was also taken.
Cross-examined by MR. POLAND, Q. When the prisoner was taken, did your wife go to the station to see him? A. I do not know; nor do I know that my barman went.
MR. PAYNE. Q. Did you hear of the prisoner being taken at the time that the others were? A. No; there were five persons outside, and one was missing.
CHARLES WILLIAM BENTLET . I am barman to Mr. Boulter. On 13th Nov., a little before 12 o'clock, I was about shutting up the place, and Scott and Mahoney came in, with another man in an alpaca coat, and a red handkerchief round his neck muffled up over his mouth, as if he had a cold—they all three went out together, and I fastened the doors—the things were then safe in the bar and bar parlour, and the door leading from the passage to the bar was safe.
Cross-examined. Q. When did you first hear ttyt the prisoner was in custody? A. A considerable time after the robbery; since the last trial—I was taken down to the police court—I did not go to the station house—when I first saw Mahoney and the other man, it was at the police court, and two women and a boy were in custody with them—I did not go there expecting to find three men—when I identified Mahoney and Smith, there was not another man there whom I was asked if I knew—I was asked about three weeks ago when this prisoner was taken, and I then said, as I do to day, that I could not tell—he was with other persons, and I was asked to point him out—I did not point out another man—I looked round and said that I did not see any one there that I knew—I believe Mrs. Boulter went down to the station on the last occasion—there is nothing remarkable in an alpaca coat.
MARK ROSE (policeman, F 38). On 13th Nov. I was on duty in Bedfordbury, which runs at the back of Mr. Boulter's house, and at the corner by the Marquis of Granby, about 12 o'clock, I saw Smith, Mahoney, Foley, Shaw, Lawrence, and the prisoner, standing against Mr. Boulter's house, which forms the corner—when they saw me they moved away, and about 1 o'clock I saw Mahoney, Smith, Foley, Shaw, and the prisoner, standing
close to the same place—there was a ladder there, and Mahoney was three or four rounds up it—when I went towards them he came down and ran away—I followed the prisoner and Smith—they said, "Do not take any notice of him, for he is drank"—I knew the other man by the name of Lurcher—that ladder would enable any person to get into the lodge communicating with Mr. Boulter's house—at half past 3 o'clock I saw Smith, the two females, Mahoney, and the prisoner—the females were in a doorway in Taylors-buildings, three or four doors from the prosecutor's, and Smith ran up stairs at that house, and when I was going up the females stopped me, and offered me gin not to go up—I went up, and found Smith on the very top lauding, brought him down, searched him, and let him go—Mahoney and the prisoner were then coming through Taylor's-buildings, and Mahoney was singing, "Hail, smiling morn I"—I saw no more of the prisoner after that—I had seen him very often before—he had on an alpaca coat, dark trowsers, a hat, and a red wrapper round his neck—at 10 o'clock in the morning I went to 13, Charles-street, Drury-lane, and found the two females and the boy, who had been sick and vomited some cakes with currants in them, which were missed from the premises—I found there some cigars and a shawl, which Mr. Boulter identifies.
Cross-examined. Q. At what house was it that Smith ran up stairs, a brothel? A. No; poor people lodge there, and the houses are always open—it was a rather dark nighty but there were plenty of lamps there, and I always carry a light—I afterwards saw the prisoner when he was brought I to the station at 10 o'clock in the morning on 5th Feb.—I am quite sure I had not seen him before; not two days before, nor yet one, or I should most decidedly have apprehended him.
MR. PAYNE. Q. If you had seen kirn two days before, should you have taken him? A. Tes; I was in plain clothes for a month, looking out for him—I have known him about twelve months, and have seen him frequently, but only known him by the name of Lurcher.
JOHN WEEKS (policeman, F 157) On 13th Nov. I was on duty in Bedfordbury, and saw the prisoner in Taylor's-buildings, close to the back door of the Marquis of Granby, about 1 o'clock—nobody was with him then—when he heard me approach he walked sharp up the court, and whistled twice loudly; it appeared to me to be a signal—I saw him again about 2 o'clock, at the bottom of Taylor's-buildings and Bedfordbury, with Smith and Mahoney—about half past 5 o'clock I found the door of the Marquis of Granby open, rang the bell, and was answered by the landlord from the window—I found the bar broken open, and the place in confusion—the prisoner was dressed in a grey alpaca coat, dark trowsers, a black hat, and a led handkerchief round his neck and mouth.
Cross-examined. Q. This was a dark night? A. No, it was middling—I had seen the prisoner several times before, and knew him by the name of Price—I next saw him in custody, when he was taken up on this charge; I think it was on 5th Feb.—I had not seen him two days before he was taken.
MR. PAYNE. Q. Should you have taken him into custody if you had seen ton two days before he was taken? A. Yes.
HENRY ATTWOOD (policeman, F 152). I have known the prisoner about twelve months, and have seen him and Smith together several times—I have been searching for him, and went to No. 2, Snow's-rente, York-street, Westminster, but did not find him; it was shut up—that'was directly after the robbery—I only knew from information of his being there.
Cross-examined. Q. Were you before the Magistrate on 5th Feb.? A. Yes; I saw Bentley there, but was not present when he saw the prisoner.
GEORGE GODDEN (police-man, F 128). I know the prisoner and Smith and have seen them together several times—they used to frequent Sevendials prior to the robbery—they were associating together for three mouths before the robbery, but I never saw the prisoner after the robbery, and have searched for him, but have not been able to find him.
Cross-examined. Q. Do you know where he lived? A. No, but I have heard—I did not find him afterwards in the neighbourhood of Sevendials—I did not see him between 13th Nov. till he was taken in Feb.—the man who took him is not here.
JOHN BRIGGS (policeman, G 195). I have known the prisoner about fifteen months—he and Smith lived together at 44, Baldwin's-gardens, Gray's-inn-lane—they went there at the latter end of Nov. or the beginning of Dec.—I do not know where they lived before that—I received a description of the parties concerned in the robbery, and heard that they had moved to No. 44, Baldwin's-gardens—I watched the prisoner and Smith in several times, but did not take them—I sent to the F division, and the sergeant sent word that they would come down, but no one came.
COURT. Q. What information did you send? A. That by the description I thought they were the parties—they did not come down till the next night, I think it was, and then the parties had gone—when I watched the prisoner I knew his name, but did not know that he was wanted for this robbery, and therefore did not take him—it was after the robbery, and not before that he lodged in Bald win's-gardens—it was in the beginning of Dec.—they stayed there nine or ten days.
ROBERT MACKENZIE (police inspector, F). I inspected the premises of Mr. Boulter—the robbery was committed by getting up a ladder placed against the wall of an adjoining house, which was being painted—that ladder was close to the faccia of the prosecutor's house, and a small person, such as the boy Lawrence, could pass along the faccia, and get in at the window—I saw marks of the dust being removed, and there was a mark on the fresh paint as of a fopt—on the morning after the robbery that lad was brought to the station, and two women insensibly drunk; it was some hours before they were fit to be examined—in consequence of information I subsequently received, I gave instructions for the apprehension of the prisoner and the others, and they were apprehended—I afterwards received information that the prisoner had been lodging at Snow's-rents, York-street, Westminster—I found he was very well known there, and had removed—I set the police in motion in search of him—in the early part of Dec. I received information from a police sergeant, and went to No. 44, Baldwin's-gardens with Attwood and Briggs, but only found the female in bed whom he cohabits with, and whom I knew, having seen her with him—Smith's wife and child were also in bed together in the same room, at least he calls her his wife—they occupied the back rooms of the second and third floors—neither the prisoner or Smith were there—the prisoner was apprehended on 22nd Jan. in Holborn, brought to the station at Bow-street, and charged with this offenoe.
Cross-examined. Q. The man who took him is not here? A. No—I was at the police court when this charge was investigated—there were two remands—I was there when Bentley came.
COURT. Q. When he was shown gome men? A. Yes, it was at the police court—three men were placed there, and he was to go in and look
and see if he saw anybody whom he knew—he did not point out anybody—he said that he was not positive, but thought the prisoner was the man—I was not in the room with him, I was in the passage—I knew him very well by sight before 13th Nov.
MR. PAYNE. Q. Did you see him between the robbery and the day he was brought in custody? A. No—he was not to be found in his usual place of resort.
MR. POLAND to MARK ROSK. Q. Were you in the room when the prisoner was at the police court with some other men, and Bentley was shown into the room? A. Yes—he did not point out anybody there, or say anything about any of the persons—Mrs. Boulter was not then there—she saw the prisoner and some other man together, and said, that he resembled the man very much, but she should not like to swear to him.
MR. PAYNE. Q. Had he a red comforter on then? A. No.
BENJAMIN BOULTER re-examined. This is my shawl, and was on the sofa overnight—these cigars are the same as mine—I have had the shawl for ten years, and used to cover my head with it when I kid on the sofa—I made a grease mark on it that day, but have had it washed since—I also missed about a dozen pound cakes, with little currants in them, and about a gallon of gin.
(The prisoner was further charged with having been before convicted.)
ALLKN PHILLIPS . I produce a certificate—(Read: "Central Criminal Court, John Desmond, Convicted, May, 1850, of burglary; transported for seven years")—I was present—the prisoner is the man—he went to Gibraltar, and received a free pardon after serving four years of his sentence; since which he has been tried for burglary, but acquitted—he is one of the greatest burglars in London.
GUILTY. Aged 23.— Transported for Twenty Years.
Before Mr. Common Serjeant.
WILLIAM SOUTH (policeman, R 333). On 14th Feb., about 6 o'clock, I was off duty in the Broadway, Stratford, in plain clothes, and saw the prisoner at Mr. Bryant's shop, looking in at the window—I watched him, and saw him take this pair of boots (produced) from the window, put them under his coat, and run away—I ran after him, and when within a few yards of him he threw them down—I caught him, and saw the boots picked up by a boy, who gave them to me.
Prisoner. Q. Did not you take them away from a lad sixteen or seventeen yards from the shop door) A. Not so far as that—I was not fifty yards away when I saw you take them, I was only twelve yards—I have stepped it since.
Prisoner's Defence. I never took the boots; it was a boy between 11 and 12 years of age that he took them from.
GUILTY .** Aged 18.— Confined Six Months.
Before Mr. Recorder.
MR. RIBTON conducted the Prosecution.
REBECCA TOULSON . I am housekeeper to Mr. Johnson, who keeps a beer shop at Barking. On the evening of 13th Feb., between 7 or 8 o'clock, I was in the tap room, and the prisoner, who was a servant at the house, was sitting on the tap room table—I told her to get off, as it was not a place for her to sit on—she said that she would sit there, and I said that she should not—she was not drunk—I took hold of her arm, and said, "You will not sit there"—I took her off the table, and she turned round and scratched my face—whether I hit or pushed her I cannot say, but she caught hold of my dress, tore me down on the ground, and the watch fell from my bosom—it was a silver patent lever watch, with a gold seal—it is valued at 10l.—there was a diamond in the middle of it, it was Mr. Johnson's—a person in the room said, "Mistress, get up"—the prisoner got up, took up the watch, and ran out immediately—I went after her, but could not find her, and before I came back I went to the police station and gave information—I then went back, put on my bonnet and shawl, and saw her with two women in the street, rather below the Bull—I said, "Mary, I want you, give me the watch, there is a good girl, and come home"—she turned round, and tore the string off my bonnet, and it fell down—I would not let go of the tail of her dress, and got her back—she began to abuse Mr. Johnson—he said that she was going, so I called a policeman in, gave her in charge, and she was taken away—there were people in the tap room—I saw a man named Bennett there—whether he was there the first time she went away, I cannot say.
Cross-examined by MR. METCALFE. Q. She went out at the front door the first time? A. Yes—she is a relation of mine, she is my brother's wife—(I believe my brother is here)—we had not been quarrelling, but it did not look altogether proper for a person to be sitting on a table, swinging her legs about and singing—she was sitting on a chair first, and I ordered her off—I took the chair back, and she said that she would take it in again—I wanted her to go on an errand—I am her superior—I am housekeeper, and she was servant—I had told her to come and sit along with me, and not in the tap room, or on the table—the watch was in my bosom till she tore my dress, it then fell out—Mr. Johnson had given it to me, and told me to put it there as it was not altogether right, and I did so—I do not know whether he gave it to me to keep—when you go out at the door, you get into a yard—it is an entrance to the street that way—there is a fence round it, which is not so high as this partition.
COURT. Q. Had she been drinking! A. She might have had a drop of ale, but she was not the worse for drink—I had not been drinking—Mr. Johnson is an old man.
JAMES REYNOLDS . I am a labourer, of Barking. I was in Mr. Johnson's tap room about 9 o'clock on 13th Feb., and saw the prisoner with the watch in her hand—she went out of the tap room, and I do not know what she did with it—she offered it to Mr. Scotcher, but he would not take it—I saw a policeman run after her, and he brought her back almost directly—she had gone out the back way—that was the only time I saw her—I was not there between 7 and 8 o'clock.
Cross-examined. Q. You saw it in her hand just before she ran out? A. Yes, as she was going out—I did not see her run out, but I heard
them say so—I dare say she was brought back in a minute or two—there were several people in the bar—she held it to Scotcher, but I did not hear her say anything—he is alive and well, at Barking—I beard him say that he would not have anything to do with it.
CHARLES KEEFE (policeman, K 328). On 13th Feb., about 9 o'clock, I was called into Mr. Johnson's beer shop by Rebecca Toulson, who pointed to the prisoner, and said, "That party has stolen Mr. Johnson's watch from me"—while I was speaking to her, the prisoner ran out at the back, and I ran after her, caught her in a thoroughfare at the back of the houses, and told her that the charge was stealing a watch—she said, "I have not got it now"—she had then ran 100 yards, I should say, from Mr. Johnson's, and was in a path leading into another main street—I had not lost sight of her—I have searched for the watch in the gardens on each side, and in some water butts, out of which I let the water, but could see nothing of it.
Cross-examined. Q. Did some of the other people in the public house search as well? A. Not with me—it was a bright moonlight night, and I searched in the morning before daylight as well—it was well known in the public house that the watch must have been got rid of.
COURT. Q. Did she communicate with any other person! A. Not between the time she ran out and the time I caught her—she said before the Magistrate that she had been drinking—neither of them were tipsy.
NOT GUILTY .
Before Mr. Common Serjeant
PLEADED GUILTY . Aged 20.— Confined Twelve Months.
PLEADED GUILTY . Aged 26.— Confined Twelve Months.
SARAH GREEN . I keep a haberdasher's shop in Greenwich. Last Thursday evening, a little after 7 o'clock, the prisoner came, and asked for some silk or cotton handkerchiefs—I told him I had only silk, and showed some to him—he objected to one as too light, to another as half mourning, and then snatched two of them, and ran out of the shop—I went to the door, but could not pursue him—I am sure he is the person—I saw him next morning at the station, and knew him directly I set eyes on him.
Prisoner. There were no others but constables there. Witness. There were other persons there besides the policemen.
persons in the room—the prisoner was not pointed out except by the witnesses.
(The prisoner was farther charged with having been before convicted.)
JOHN CARPENTER (policeman). I produce a certificate—(Read: "Central Criminal Court, David Domes, Convicted September, 1854, of receiving four stolen, handkerchiefs—Confined three months")—the prisoner is the man—I had him in custody, and was present at the trial.
GUILTY.** Aged 21.— Confined Nine Months.
MR. RYLAND conducted the Prosecution.
JAMES WESTWOOD (policeman, R 144). On 16th Feb. I was stationed at Walworth, and sergeant Newell also—about 7 o'clock that evening I was in Eyre-street, and saw the prisoner come out of a butcher's shop—I suspected and watched her—she went in front of the shop, where a woman was standing with a child in her arms, and what she did with that woman induced me still to watch her—she left that shop, and went down Eyre-street, into High-street—I followed her up Beresford-street to the railway station—she went in, stopped two or three minutes, came out again, and I followed her into Green-lane, and into Flower-street, then into Mr. Tipley's, a large grocer's shop, where there were a number of people, and went in and out two or three times—she then went in front of the shop, where there was a lot of salt pork for sale, which two or three other women were looking at—she held a piece of pork in her left hand, and shoved herself against the prosecutrix, then held the pork up, and said something to the shopman about the price, and said that it would not do—she then catched her left hand towards the prosecutrix's dress, and it came up with her elbow towards her person—she came across the road, and I saw her with a purse in her hand—she crossed the road, and went as fast as she could towards the railway station—I followed as fast as she went, and Newell was on her right side—I caught hold of her hand as she was putting 5s. in silver into her pocket, and asked her where she got it—she said that it was her husband's hard earnings—Newell was holding her other hand—I did not see the purse at that time—I took ber to the station, and after the money was token from her, the inspector asked her if she had got any more money—she said, "No"—after that I was going across the station yard to the room where females are searched—the female searcher was with her, and she commenced scuffling, and a half sovereign dropped from her—another purse with 9s. in silver was found in her other hand—the inspector asked her her address, and she said, "18, Brick-lane, Whitechapel"—I went there, but could learn no tidings of her.
Cross-examined by MR. PAYNE. Q. Where were you standing at the time she took up the piece of pork I A. In the gutter; there were persons between me and her—I was in plain clothes, and let her go past me—Newell was three or four yards on my left hand—he got across the road before I did.
JOHN NEWELL (police sergeant, R 67). On 16th Feb. in the evening I was on duty with the last witness in Eyre-street, Woolwich, and saw the prisoner—I afterwards saw her coming out of Tipley's shop—she went to a board where some pork was lying for sale, stood by a female, and appearw to be feeling her dress on the left side—she had a piece of pork in her right hand—we followed her a short distance, and saw her emptying some
silver out of a purse—I took hold of her—she shoved one hand into her pocket, and with the other dropped the purse and a white handkerchief—I picked them up—the purse was empty—I put my hand into the pocket in which she had her hand, and found a half crown, four sixpences, one shilling, and twopence halfpenny in copper—I asked her how she came into possession of the purse, and she said that she never had it—I told her I saw her drop it—she said that the pork belonged to her, but not the purse—this is the purse (produced)—as she was going through the station house to be searched I heard a scramble in the yard—I went and caught hold of her hand, and found three half crowns in it, which she said were her own.
MARY ORIMLEY . I am the wife of Uriah Grimley, a waterman, of Greenwich. On Saturday evening, 16th Feb., I was at Mr. Tapley's shop in Woolwich—I went into the shop to purchase a piece of pork, and then found that my purse was gone—it was safe a quarter of an hour before, because I had paid for something in High-street, and put it back into my pocket—it contained half a crown, three sixpences, and a shilling—this produced is my purse—I know it by this small hole—my daughter made it, and I know it by the ring.
Cross-examined. Q. How long have you had it? A. My daughter made it about eight months ago—she is not here.
(The prisoner received a good character.)
GUILTY . Aged 40.— Confined Three Months.
MR. LANGFORD conducted the Prosecution.
JOHN RILEY . I live at Rope-yard-rents, Woolwich, and am a labourer. I became acquainted with the prisoner when we were hopping; and on Friday, 25th Jan., about half past 6 o'clock in the evening, I met her in Woolwich—she proposed to go and have some beer—we did so, and, after I stood the beer, she asked me if I had any more money—I said that I had fourpence more—I turned it out, and said that I had got no more money—we had some gin with the fourpence, and I then lit my pipe—I had my hand on the money in my pocket, took out my box, filled my pipe, and she was talking to the publican—I was not paying attention to her—she was on my right side, and I turned round and she was gone—I put my hand in my pocket, and missed all my money except two shillings—I have not seen my purse since; it contained seven sovereigns and four half crowns—one sovereign was of the reign of George the Fourth, with a dragon on it; two of George the Third, and four of Queen Victoria—I gave information to the police—when the prisoner was talking to the publican I saw her with half a sovereign and a shilling or two.
Cross-examined by MR. PAYNE. Q. Where did you get all this money? A. I was always careful; nobody ever saw me drunk—I was saving for a wet day—I got it at work—I had been harvesting, and was at work up to Christmas—there was only us two before the bar, and behind the prisoner there was the publican and his wife, and his mother and mother-in-law—I told the prisoner I had no more money—I was not compelled to tell her what I had got—I did not see her change a sovereign or stand anything—I left the public house four or five minutes after her—I told the police about a quarter of an hour afterwards—I did not know where she lived—I had not seen her since she was hopping, nor did she then tell me where she.
lived when at home—I was three times before the Magistrate—I did not tell the sergeant that the money was the Queen's and George the Fourth's but when the Magistrate asked me, I did—I cannot say whether I told the Magistrate the first time or not—when I went to the station house I did not know that there was a farthing found on her.
JOHN DAVY (policeman, R 401). On Sunday morning, 27th Jan., between 8 and 9 o'clock, I met the prisoner in Woolwich, and took her into custody—I asked her what money she had got about her, and if she had got a purse—she said that she had got a purse and a two shilling piece—I asked her if she had any more—she said, "None whatever"—I touched her dress in front, and said, "You have some more there; just let me know what it is"—I took her into the station at the dockyard, and she took out some coppers and a half crown—I received from Sergeant Monahan, four Victoria sovereigns, two George the Fourth's, and one of George the Third's—I asked the prisoner if she had any more money—she said "No"—she was apprehended on another charge.
Cross-examined. Q. Where was it that you found her? A. Going past the Dockyard gate where I was doing duty—she was carrying a bundle, and could not give me a satisfactory answer—she gave me three different names within a quarter of an hour—Payne is her right name—I found out where she lived.
ANN BURRIDGE . I am the wife of William Burridge, a police constable, of Erith—on Sunday, 27th Jan., I searched the prisoner at the Woolwich police station, and found on her seven sovereigns and a half crown—she said that she had just told the sergeant in the office a story, that she had no money, and asked if she would be punished for it.
Cross-examined. Q. Did you give her any answer? A. No—I took off her frock, and found this money in a loose pocket.
HENRY WICKHAK . I produce a certificate—(Read: "Gravesend Borough Sessions, March, 1855, Margaret Lewis, alias Payne, convicted of stealing cotton print; Confined six weeks")—the prisoner is the person—I had her in custody.
GUILTY.**† Aged 31.— Confined Twelve Months.
MR. LANOFOKD conducted the Prosecution.
WILLIAM MATTHEWS . I live at Kectory-grove, Woolwich, with my father, and work in the arsenal On Sunday morning, 27th Jan., I was in Melton's coffee house, Nelson-street, Woolwich (I had been out on that evening; and was too late to get in at my father's house)—about 1 o'clock Alfred Bailey came in and sat down, arid went to sleep, but I did not go to sleep—about half past 3 o'clock the prisoner came in, sat down by Bailey's side, and took out of his pocket, first a handkerchief, and then two penny pieces—he than went away for two or three minutes and came back, without going out of the shop—he sat down again, and felt in Bailey's next pocket, took something, and went out—Bailey awoke in about ten minutes, and I told him of it, and went with him to another coffee house in Hogg-lane—we found the prisoner there, and Bailey gave him into custody.
ALFRED BALLET . I am a private in the royal marines. On Sunday morning, 27th Jan., about half past 1 o'clock, I was in a coffee house in Nelson-street, Woolwich—I had thirteen sovereigns, and 15s. 2d.—I went
to sleep, and about half past 3 o'clock I awoke, and missed m? money—I vent with the last witness to a coffee house in Hogg-lane, and gave the prisoner into custody—I also missed a pocket handkerchief and two-penny pieces.
JOHN LARKING (policeman, R 192). On 27th Jan., I was called to a coffee shop in Hogg-lane, and Johnson was given into my custody for stealing the purse, 13l. 15s., a silk handkerchief, and two penny pieces—he denied having the purse—I asked him if he had seen the handkerchief—he said, "Yes," and that he left it kicking on the floor—I found on him 3s. a sixpence, a 4d. piece, a 3d. piece, and 2d. in copper.
WILLIAM MATTHEWS re-examined. I was sitting right opposite to the prigoner—the coffee shop was lighted, I could see quite well—the prisoner knew that I was awake, and she showed me the two penny pieces—I am a baker, in the employment of Mr. Start, of High-street, Woolwich, and was in employment at the time, but was not working there that day, but with another baker—I had been working there on the Saturday, up to 7 o'clock—I went about the town, was too late to get in doors, and went to the coffee house—the other coffee house is about 100 yards off—I went there at once—the prisoner was in company with another young chap who was taken up, but not at the same time—I do not know who that was, he came into the shop when Bailey was asleep, at the same time as the prisoner—he was there while the prisoner was doing what I have said—they were both in together, and they were found together at the other coffee house—I did not awake Bailey while they were there.
GUILTY .* Aged 18.— Confined Six Months.
MR. RYLAND having opened the case, MR. RIBTON catted the attention of the Court to the omission of the word "knowingly," from the 2nd Count of the indictment, and contended that there must be an averment that the goods were unlawfully and knowingly obtained (see Reg. v. Henderson and Barlow, 2nd Moody, Crown Cases, page 195.) MR. RYLAND contended, that as the indictment stated "such goods having been so, as aforesaid, unlawfully obtained," that was sufficient. The COURT (having consulted MR. JUSTICE ERLE) stated, that as the indictment followed the words of the statute, and had not been demurred to, it was good.).
MARY ANN WOLFE . I am the daughter of Samuel Wolfe, who keeps a chandler's shop, at No. 21, Artillery-place, Woolwich, and assist him in his business. I know a lad named David Smith—Mr. Cocking, a baker of Woolwich, has been a customer of my father—in the latter part of last year Smith had goods of me from time to time for Mr. Cocking; he told me that he was in the service of Mr. Cocking—Mr. Cocking settled with my father for all the goods he had last year—on 4th Jan. Smith had some more goods as for Mr. Cocking, 14 lbs. of flour—I have made this memorandum from my book, which is not here—he told me that he was living with Mr. Cocking—I thought it wafi true, and supplied him with the flour—he came again next day, and had half a bushel of flour—that occurred nearly every day in Jan.—the last time was 1st Feb.—those'deliveries amounted to upwards of 11l.—we sell baking powder—I have since been shown some packets of baking powder, which must have come from our shop.
Croat-examined by MR. RIBTON. Q. How long before 4th Jan. had he been with you? A. In Oct.—I cannot say whether he had been between Oct. and Jan.—I do not think I had seen him since Oct., as everything had been paid for—when he came on 4th Jan., he said, "I want 14 lbs. of flour for Mr. Cocking"—I asked him if he was in Mr. Cooking's service. and he said that he was, and that he had gone back again—I gave him the flour, and next day he came again for half a bushel of flour, and on 1st Feb. for 1 lb. of German yeast, and two packages of baking powder—he Raid that he wanted them for Mr. Cocking, but the only time he mentioned his being in Mr. Cooking's service was the first day—this package of baking powder produced is marked with our name—I had not sold him baking powder in the year before—he may have had some, but not so large a quantity—a little girl also serves in the shop, but she never supplies anything of the kind—my father never serves, and my mother is confined to her bed.
COURT. Q. How do you know that this was supplied on 1st Feb.? A. Because he was taken up the next day, and that was the last thing I served him with—he had had several packets during the month.
SARAH COTTER . I am in the service of Mr. Wolfe. During Jan. last I have seen Miss Wolfe supply David Smith with flour, baking powder, and German yeast—I did not supply him with goods before 25th Jan.
Cross-examined. Q. Had you served him in 1855? A. No—no one serves in the shop but the last witness and myself.
WILLIAM COCKING . I am a grocer, cheesemonger, and potato dealer, at Woolwich. In the latter part of 1855, David Smith was in my service—he left about the end of Oct.—while he was in my service he had goods on my account from Mr. Wolfe, which I paid for—after the end of Oct he had no authority to obtain goods in my name—I never saw him up to 2nd Feb., when I gave him into custody—no goods have come into my possession obtained by him of Mr. Wolfe in the present year.
Cross-examined. Q. You have other boys in your service? A. Tea, two—I had a great many things from Mr. Wolfe in 1855, but I do not think I had any baking powder, as I buy that at Mrs. Stiles's.
MARGARET MULLOT . I am the wife of Joseph Mulloy, of Red Lion-street, Woolwich. I know Rebecca Curran—I saw her at the door of her house in Jan., and she asked me where I was going—I said, "I am going to the mill for flour"—she said that I might as well take it of her as go to the mill, as she was short of money, and asked what I paid at the mill—I told her 3s. 9d. the stone, and said, "Where did you get it from?"—she said that she had a contract of her own, and could draw what flour she liked—I had one stone of her, at 3s. 9d., and put it into a bag which I had with me, and a little more into her bag, to make the weight—I paid her, and she sent her girl with me with her bag, and she took it back when the flour was weighed at the shop.
Cross-examined. Q. Do you know the husband? A. Yes—he is a pensioner, working at the Arsenal—I know that the nature of his employment takes him away from early in the morning to late at night, but I do not go to his house early—I do not know that bis meals are sent to him—I generally meet him coming home when I come home with my husband's dinner—his wife keeps a boarding house—I generally see two boarders going in and out, but do not know how many there are.
GEORGE BROWN (policeman, R 388). On 2nd Feb. Smith was given into my custody, and, in consequence of information, I went, to No. 5, Red Lion-street. Woolwich—the female prisoner opened the door, and I ascertained
that the prisoners lived there—I asked her if she knew anything about any floor belonging to Mr. Wolfe, or Mr. Cocking—she laid she knew nothing about any flour whatever—I said that I was not satisfied and wished to satisfy myself before I left the house—she said that I was quite at liberty—I went up to the back room and found a bag with 63 lbs. of flour, a pan with 15 lbs. of biscuit meal, a bag with 23 lbe. of biscuit meal, and a quantity of packages of baking powder done up, apparently, as they were delivered from the shop, in a bag, with the name of Wood outside—there were only four of these bags, and two were loose—I found them between the bed and the sacking—the packages of baking powder were afterwards shown to Miss Wolfe—I took the female prisoner to the station, returned to the house with another constable, Attwood, and found six baking powders, not so large as these, and some German yeast in a cupboard up stairs—the female prisoner said that it was a bad job, and had she taken her husband's advice, and not had anything to do with the boy Smith, it would not hare happened, and she offered me money and gin not to take any notice, but to allow her to escape.
JAMES ATTWOOD (policenwn, R 321). On 2nd Feb. I was at the station when Smith and Mrs. Curran were brought in—I accompanied Brown to the house in Red Lion-street, and in the water butt in the yard, which was quite dry, I found 55 Iba. of flour, covered over with a piece of apron or rag, and a mat on the top of that—while there the male prisoner came in, and I asked him if he was Mr. Curran—he said, "Yes"—I said, "Are you aware your wife is in custody t"—he hesitated for a second or so, and said, "Oh, in she?"—I said, "Yes, for feloniously receiving this flour," pointing to the floor which I found in the water butt," and some more in a sack that is at the station; did you know that it was in the house?"—he said, "Yes"—I said, "Do you know how it came here?"—he said, "No, I know nothing about it; I always give my mistress money to lay out"—I took him into custody.
MARY ANN WHITE . I was servant to Mrs. Curran—I went to her on the Thursday before Christmas, and remained till she was taken up—I know David Smith, be lived next door, and I have seen him in the house several times—Curran has been there when he came sometimes, and sometimes Mrs. Curran—he sometimes brought a large quantity, and sometimes a small quantity of flour—the last time I recollect him coming with anything was on a Thursday, towards the end of Jan.—he laid it down in the front room, and it was put into a large bag, but I did not see who by.
Cross-examined. Q. The man was in the service of the arsenal? A. Yes—he sometimes came home to dinner, but more frequently it was taken to him—his wife keeps a boarding house, four men board there—when I used to see Smith it was almost getting dusk, it was between 6 and 7 o'clock—Curran comes home from work between 7 and 8 o'clock—Mrs. Curran took it up stairs, Curran was sometimes there—Attwood brought it here to-day—I was not examined before the Magistrate—Curran came home several tunes about half past 6 o'clock; I mean to swear that—Mr. Attwood told me that I was to tell the truth how many times the flour was delivered while Mr. Curran was there, and I told him I could not do that—I always understood that Curran gave his full week's wages to his wife, to lay out in what way she thought proper—I have seen flour delivered while Smith was there, and when Mr. Curran was in the back room—it was left in the front room, and Mrs. Curran afterwards put it into the sack—the back room is separated from the front: you do not see from one to the other.
The COURT considered that there was no case against John Curran.
JOHN CURRAN— NOT GUILTY .
REBECCA CURRAN— GUILTY .
MR. RIBTON, in arrest of judgment, moved that the question of the omission of the word "knowingly" in the indictment, be reserved for the Court of Criminal Appeal. The COURT declined to reserve the point, MR. JUSTICE ERIE having stated that he had no doubt upon it.)
REBECCA CURRAN—GUILTY. Aged 41.— Confined Eighteen Months.
381. JOHN CURRAN and REBECCA CURRAN were again indieted, with DAVID SMITH , for unlawfully obtaining 6 stone of flour, and 12 packets of baking powder; the property of Samuel Wolfe, by false pretences: to which Smith
PLEADED GUILTY. Aged 12.— Judgment Respited.
MR. RYLAND offered no evidence against the Currans.
NOT GUILTY .
Before Mr. Recorder.
MR. DALY conducted the Prosecution.
WILLIAM BROWN (policeman, R 98). I consequence of information I received, I went on 15th Feb., in plain clothes, to the White Horse public house, Lee Bridge, in Kent, and concealed myself in a yard there, which commands a view of Harryman's premises—he is a carman and coal dealer, and removes goods—I saw him standing on that bridge, about twenty yards from his stable, at about half past 1 o'clock in the day—he appeared to be waiting for some one—I saw Smith stop with a cart opposite Harryman's stable door—he came as if from the country, and not over the bridge—he looked round, apparently for some one, and Harryman waved his hand—Smith was then looking towards him, and could see him—they were about twenty yards apart—Harryman waved his hand in the direction of his stable, and in the direction in which Smith was coming—the two roads an in different directions—they come down to a corner at the bridge, one runs from Maidstone, and the other from Blackheath—Smith had to pass Harryman's stable, it was on his right hand as he came from Blackheath—I saw Smith a moment afterwards, take a sack of corn off his cart, and throw it over the wall of Harryman's premises—I went up and asked him what he had thrown over the wall—he said, "Nothing"—I said, "Well, come with me, and we will see what you have thrown over"—I went through the stable with him into the back yard, and saw the sack lying under the wall, where I had seen it thrown over—I said, "What do you call this?"—he made no reply—I said, "How came you to throw this over?"—he said, "Harryman told me if I had any corn to spare to throw it over, and he would give me some beer for it"—the name of "White and Son" was on the sack—I am sure it was "White."
Cross-examined by MR. PAYNE. Q. Have you got it here? A. Yes (produced)—the name is on the inside—here is "White and," but I cannot get to the bottom to see the next (turning out some of the corn)—it is "White and Brothers"—it has been turned inside out—I have kept it in my possession, and it has been locked up in a cupboard below, till the case came on, and the sergeant had the key—the public house is not twenty yards from the bridge—I was looking through a window, through a parting
in the Venetian blind—the place where Smith stopped with the cart was about ten yards from me—the window looked directly towards the road.
Cross-examined by MR. CODD. Q. Was the bridge between you and ganyman? A. He was standing directly on the bridge—I have no doubt that this is the sack that was thrown over the wall—I have known Harryman about two years about the neighbourhood—there was not an omnibus coming down in the direction of Smith's premises, there might have been one coming in the opposite direction.
Q. Are you sure Harryman was not hailing the omnibus at the time he put up his hand? A. The omnibus does not come in that direction.
JOSEPH GALE (policeman, R 270). On 15th Feb. I went to Harry man's house—he opened the door, and I asked him how he accounted for the corn being thrown over into his premises by Smith—he said that he knew nothing about it—I told him that I should take him to the station, and charge him with receiving it, knowing it to be stolen—he said that he knew nothing about it, and did not see it thrown over, but would come with me.
Cross-examined by MR. CODD. Q. Had you known him before? A. By sight—he took me into the yard where the corn was; that was about half an hoar after it was thrown over—the sack had been taken to the station by Brown.
Cross-examined by MR. PAYNE. Q. Were these men admitted to bail? A. Yes—they surrendered yesterday.
CHRISTOPHER WILLIAM TODD . I am a builder, of Brompton, in Middlesex. Smith was my carman, and had charge of my horses and cart on 15th Feb.—I cannot say whether he had corn for feeding his hones that day, but he has many days—I do not serve him with it—this produced is the same mixture which we give our hones, and this is one of our sacks—it is turned inside out, and has the name of "White and Brothers, cement manufacturers," on it—we had some of their sacks—the men may not serve themselves with corn, if I do not do it—most likely my foreman in London served out this corn—he is not here—I never authorised Smith to give any corn away.
NOT GUILTY .
MR. DALY conducted the Prosecution.
JOSEPH GALE (policeman, R 270). On 15th Feb. I took the prisoner to the station, returned to his house, and, in a cask in the stable, found about half a gallon of corn (produced)—I took these small pieces of paper out of it (produced)—they have "T" on them—I also found these two sacks (produced)—when I returned to the station, I asked him how he became possessed of the corn—he said that he knew nothing about it.
Cross-examined by MR. PARRY. Q. You found the corn after he was given into custody? A. Yes, about half an hour—the stable opens to the road—it was locked, but I went in through the house—I do not know that another constable had looked into this very tub before the prisoner was taken to the station—I had not, because I had him in custody—he went into the stable with me, and offered to show me everything he had—he made no hesitation in the least—I did not find the half gallon of corn there, because I did not notice the cask.
CHRISTOPHER WILLIAM TODD . I put these "T" on these pieces of paper, and had been for the last fortnight putting them into the corn which was served out to the carters—I cannot tell when these particular papers were put in.
NOT GUILTY .
(MR. RYLAND, for the prosecution, stated that the prisoner had been found unable to plead, (see Vol. 42, page 325,) and having been in a lunatic asylum for the last nine months, he should offer no evidence against him.)
NOT GUILTY .
Before Lord Chief Justice Jervis.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
THOMAS GARDNER (police sergeant, M 25). I received some information, in consequence of which on Friday, 7th Feb., I watched the prisoner—I began to watch him about a quarter to 6 o'clock—he was near the Bricklayers Arms public house, in the Old Kent-road—he was in company with another person—I followed them along the Old Kent-road through the toll-gate—they separated, and the prisoner remained behind the other some fifty yards, I think, walking steadily behind him—that happened two or three times—when they came to a turning leading to Smyrkes-road, they separated, and afterwards joined again, and I saw them go into No. 32, Smyrkea-road, both together—there were other persons in the neighbourhood to whom I gave information—I then returned, and continued watching the house—in about five or ten minutes they both came out again together—I will not be positive which came out first—they both came out at the door together—I believe the prisoner was first—he had his hands in the pockets of his over coat; they were front pockets—as soon as he came out I laid hold of his left arm, after he was two or three yards from the gate—Inspector M'Kenzie was with me at the time, and Mr. Moore close by—I said, "I must see what you have got about you," or some words to that effect Mr. M'Kenzie laid hold of his right arm, and went to put his hand into his right hand pocket—I told him that I had seen him in company with another man who had been into the house, and that I had been watching him some time—he denied being in company with another man, and also denied being in the bouse—he said he had just come up the street—M'Kenzie laid hold of him, and I saw him draw his hand from his pocket, and drop an envelope on the ground—the other man was, I should think, about two yards away from him at that time; Mr. Moore was close to the other man, and I believe had got hold of him—I saw the prisoner drop the envelope on the ground, and I saw Mr. Moore pick it up—we then took him into a shop in the neighbourhood and searched him; I found 13*. on him—as we were taking him to the station, one of the officers said to him, "Mr. Robert Cummings," or "Mr. Bob Cummings," or some words to that effect—the prisoner did not say anything on that—I believe he saw Moore pick up the parcel—he did not, to. my knowledge, make any observation.
Cross-examined by MR. PARRY. Q. You had expected him, had you not, to go to this very house that you saw him come out of? A. I did expect he would go to that house, in company with the man that I saw him join in
the Kent-road—I had seen that man before, in the Dover-road, that day—it was about a quarter to six o'clock in the evening when I first saw the prisoner—it was about 12 o'clock in the day that I saw the other man in the Dover-road—no one was with me then—I am sure of that—I had seen him before; I should think it must have been seven or eight days before—it was on a Sunday, the first time I ever saw him—I do not know where he is now—I do not recollect seeing him for a day or two before I saw him in the Dover-road—Inspector Moore was with me when I saw him on the Monday previous—I think he was not with me when I saw him in the Dover-road—I believe I saw the man at the police station some days previously, when Moore was there—I do not know whether M'Kenzie was there—I have seen this man with M'Kenzie; not often; never but once to my knowledge; that was at the police station—the first time I ever saw him with Moore was in Smyrkes-road, at His house—Moore Was with me act that time—the man's name is Brown, I believe—that is the name he goes by—he stated that was his name—I never saw him before he came to me in the Dover-road, to my knowledge—I know nothing about any reward that the Bank of England give in these matters, for the discovery of forged notes—I never knew that there was any reward—when I saw Brown at his house I did not see any forged notes in his possession; I will swear that—Moore Was present with me—that was on the Monday—perhaps we might be with him about five minutes—I did not make any arrangement with him then—I met him in the Dover-road, because he came to the house where I was living—I hud not left my direction with him—he came to the house where I was living, and asked for me—I did not see any forged notes at the house in Smyrkes-road; I swear that—he did not show me any forged notes—this is the envelope (produced)—I did not see this envelope when I was at the house—I did not see a" picture in the room—there might have been one hanging up—I did not see one over the mantel piece behind which was this envelope—f did not notice anything of the sort—I did not see this envelope, nor any forged notes, nor any document whatever—I did not expect to find any forged notes, not on the Monday—I did when I apprehended the prisoner—I expected to find forged notes upon him—Brbwn Was not apprehended—I believe he was purposely let go—I did not make a pretence to apprehend him—I believe Mr. Moore did—I do not know what arrangement Mr. Moore' made—I believe this envelope is in the same state now as it was then—I have not had it in my hand—I did not see that it was tied round or fastened—Mr. Moore picked it up—I had not been engaged in any matter of this sort just before—I never saw the man in my life till he came and rang the bell on the Sunday—I cannot give you the date—I should think it was about a week or a fortnight before the prisoner was apprehended, but I Wifl not be certain—during that time I did not, with Moore, apprehend any other tbah in company' with Brown, nor did Moore, to my knowledge, not previous to this—a party was apprehended afterwards, it might be two or three days after—that was a person named Lloyd—he was apprehended' in Holborn—he was" not in company with Brown—I did not see Brown then—I had seen him a short time previously—it might be a minute or two previously, or perhaps three minutes—I never saw him in company with Lloyd, and not within seventy or eighty yards of him—I believe Lloyd was following him wnen he was apprehended—it was at the corner of Brownlorw-street, Holborn—Brown might have been in sight of him at the time he was apprehended—I did not see him then—I believe he had gone up Brownlow-street just before I
seized Lloyd—a parcel was found on Lloyd containing two base sovereigns, two moulds, and a brown paper parcel with some metal—this was not all done by arrangement—I do not know what the arrangement was—it was from information, of course—I did not expect to find a paper parcel upon him—I expected to find something on him, but not the paper parcel—I apprehended him on suspicion that he had got something from information I had received—I expected it would be base coin—Lloyd was discharged—the solicitor for the Mint was communicated with—I believe he said it was no case—I believe he examined Inspector McKenzie and myself—I will not be confident whether Mr. Moore was examined—the man was remanded, and Mr. Moore was examined the second time, and then he was discharged—two moulds, some metal, a small brush, a pocket book, and two base sovereigns were found on Lloyd—they were not all in a parcel; Mr. Moore took the pocket book from his pocket, I believe—I did not know exactly what articles I was going to find on him before I apprehended him—I expected it would be coining implements—I had not told Brown what to put in the parcel—I do not do business in that way—I expected to find a mould—I did not expect to find the little brush—I expected he would have some base coin—I had certainly not told Brown what to put in the parcel, nor had Moore in my presence; nothing of the kind—this is all the business I have done in company with Brown—I swear that—I do not know where Brown is now—I did not makft a sham to apprehend him when Lloyd was taken—I believe the moulds were for Prussian coin—I believed that would be so, from what I had been told.
MR. BALLANTINE. Q. You had been in communication with Brown previous to your apprehending the prisoner? A. Yes; I was Ted to suspect that I should find something on his person—I could not have made any mistake as to the person from whom the envelope dropped—I am quite positive I saw the prisoner draw his hand from him pocket, and drop the envelope on the ground, and I saw Moore pick it up.
WILLIAM MOORE (police inspector. My On 1st Feb. I went with Gardner and M'Kenzie to this house in Smyrkes-road—I saw the prisoner and another man come out of a house there—there was a gas light in the place—when the prisoner came out he was taken into custody by Gardner and McKenzie—I took hold of the other man—that was Brown—I should say I was standing with Brown about five or six feet from the prisoner—I could see the prisoner—I saw him drop from his right hand a small white parcel on to the footpath—I went forward and picked it up—I had hold of Brown at the time it was dropped—it could not have been dropped by Brown—I had hold of Brown's two arms with my arms round his—the parcel was a white envelope—this is it, I believe—it contained what appeared to be ten Bank of England notes—when I picked it up I let go of Brown, and he ran off—I took the envelope with the notes to the station, and locked them up in a cupboard—these are the notes (produced)—I heard the prisoner say that evening that he knew nothing of them—next day, before the Magistrate, after I had given my evidence, the prisoner said to me, "I saw your friend hand you the parcel," meaning Brown—that was not the case.
Cross-examined. Q. That was quite untrue, was it? A. It was untrue—I am quite certain Brown did not hand me the parcel—I had seen Brown once or twice before that evening—I think I first saw him at the station house, and the second time also—before this occurred I never saw him anywhere but at the station house—I had not made any arrangement with
Brown as to what was to be in this envelope—I did not give him the envelope—I am quite sure of that—nor did he give me the parcel—I am not quite sure whether I had only seen Brown on two occasions before this time—he called on two occasions at the station house—I do not think I saw him on any other occasion—I have seen him since this matter—this occurred on Friday, 2nd Feb.—I do not exactly recollect whether I had seen him before that day—I might have seen him in the morning—if so, it was at the station—I had not seen him in the Dover-road at that time—I have done so since—the information I had was that the prisoner generally carried some forged notes about him—I did not know how many—I did not expect to find ten—I did not know how many I was to find—this No. 10 outside the envelope was on it when I picked it up—I counted the notes, there were ten—I did not expect to find ten—it had not been arranged—I have been to Brown's house—I am not quite sure whether it was before or after this occurrence—I was engaged in another transaction with Brown, three, four, or five days after this, I think—I believe the prisoner was not committed at that time—I think it was while he was in the course of being examined before the Magistrate—my station is at Southwark—I crossed the water on this occasion, and came into the neighbourhood of Chancery-lane—I believe I had been to Brown's house before that—I will not be positive—he has been to see me since this transaction—I have been to his house, but whether it was before or after the transaction I cannot say—I think it was not after the second transaction—he has called on me since—I seized him by the arms on this occasion—he got away from me—I did not intend to apprehend him; it was a sham—I told the Magistrate that—there were six of us—I expected to apprehend more than the prisoner; three, in all probability—that was the information I had received—I do not know whether all were to have forged notes, I could not say that—this second case was a man named Lloyd—I do not know whether Brown was present when I took him into custody—I do not know where he was, I had not seen him that day—I was not present when Lloyd was apprehended, Gardner stopped him, I was on the opposite side of the way—I was watching Lloyd, I saw Brown before that, but not at the time Lloyd was apprehended—I had seen him I should say, very likely, a quartet of an hour before—I did not see him in Brownlow-street, I did not see him go up Brownlow-street—I had information that Lloyd carried moulds for manufacturing counterfeit coin, that information was from Brown—I should observe, that I received my information respecting the prisoner from another party besides Brown—this house in Smyrkes-road is Brown's house, I believe—I do not know what house he came out off but I believe it is that house—I have been in the house, I do not know that it was Brown's house—I met Brown there by appointment—I was once in the house and another time I went with Gardner to the door, but did not enter the door—Lloyd was discharged before the Magistrate—I was not called on to give evidence—I think I was not examined—I will swear I was not—Gardner was.
MR. BALLANTINE. Q. On Lloyd there was found a Prussian plate, I believe? A. A mould and two counterfeit sovereigns in a pocket book, that was all—I believe there was not sufficient to constitute a cade—I believe there should be the possession of three pieces to constitute a case.
COLIN M'KENZIE (police inspector, M.) I was watching this house in company with Moore and Gardner—I saw the prisoner come out in company with another man and Brown—I saw Gardner seize the prisoner—I did not see anything drop from him—I put my left hand into his right hand side
pocket—he immediately withdrew his hand, which was also in the pocket at the time, and about a second afterwards I observed a packet lying close to his feet on the pavement—he said nothing at the time.
Cross-examined. Q. Had you anything to do with Lloyd? A. No—I was not present at his apprehension, and know nothing about him, and never heard—I have heard of a man named Prupenny—I did not know Brown—I had seen him before—I did not try! to apprehend him—I was aware that he was not to be apprehended—I (heard so at the time.
GUILTY . Aged 51.— Six Tears Penal Servitude.
Before Mr. Justice Erk.
MR. PLATT conducted the Prosecution.
GEORGIANA ARMSTRONG . I am single. On 7th of Feb. last, I was on a visit to my brother, Mr. Armstrong, in Lorimer-road, Newington—the prisoner and her husband resideoin the same house—Mr. Rider is a commercial clerk—the deceased child, Frank Withers Rider, was about seven weeks old—about 10 o'clock on the Thursday morning, I was down stairs in the kitchen—my sister-in-law, Mrs. Armstrong, called to me from the room up stairs, occupied as a sitting-room and kitchen by Mr. and Mrs. Rider—I did not go up immediately, and she called a second time, and I then went up and found Mrs. Armstrong and the prisoner—Mrs. Armstrong said in her presence, "This woman has drowned her child, go and find it I"—I went into the prisoner's bed room which is up a few steps and looked in the bed—the child was not there, I returned and said the child was not in the bed—Mrs. Rider said, "You will, find it in a pan in the bed room with a board over it, I put it in"—I returned to the bed room, pushed the board on one side, and saw the infant in the pan—the pan was full of water, the child was with its head downwards on its face and knees—the body was wholly under water—it did not move at all—the prisoner was not in the room at that time, Mrs. Armstrong had taken her down stairs into her own room—I immediately went for medical advice—before I went I saw the prisoner down stairs—she was in a most excited state, quite frantic—she had been confined about seven weeks before—she had been very unsettled in her mind since the first week—this was her first child—she had twice attempted to drown herself, once on New Year's day and again on the Saturday preceding the 7th of Feb.—Dr. Wood attended her in her confinement, and saw her several times afterwards—he had given the family directions to watch her—about half an hour before Mrs. Armstrong called me up, I heard the prisoner singing to the child—it was undressed when I found it in the pan, I think it only had a piece of flannel round the waist—she had begun to dress it—there was an unusual calmness in the tone of her voice—both Mr. Rider and my brother were out that day—Dr. Wood gave directions that we should watch her, because he said her brain was affected from a nervous fever, arising from her confinement—I do not think the pan in which the child was found was the pan in which it was washed, but I do not know—she has always been of very temperate habits and exceedingly well conducted.
Cross-examined by MR. BALLANTINE. Q. She was confined on 18th Pec., was she not? A. Yea; on Christmas evening a great many friends
were there, and went to see her—up to that time she was very well—next day she was worse, and Dr. Wood was called in—she had nervous fever—I saw her for a few minutes on Christinas day—I saw her once or twice with the baby—she was very proud of it, and, I believe, nursed it with great affection.
WILLIAM WOOD . I reside at No. 22, Union-street, Southwark. I attended the prisoner in her confinement—I had known her casually for some years, but intimately for seven or eight months—she was confined on 18th Dec.—it was a fair confinement, a very good time—she went on very favourably until I discontinued my attendance—I left her well, seven or eight days after her confinement—on 2nd Jan. I was again seat for to see her—I found her in a very excited state, suffering from nervous fever, low fever—I treated her for that—I attended her for eight or ten days, and left her comparatively well—she got gradually better from the time I saw her until I discontinued my attendance—I did not see her again till 3rd Feb., some few days before this occurred—she was then in much a similar way, in an excited state, suffering from nervous fever—that would undoubtedly affect her mind—I advised the family to keep a watch on her—she required looking to, and not to be left alone.
Cross-examined. Q. You have not the least doubt that she committed this act under a delusion, and in a state of insanity? A. There is not the slightest doubt about it.
COURT. Q. Would that be the ordinary course of the progress she had gone through, for her brain to be in so excited a state that she would be entirely irresponsible for her acts? A. I should say decidedly so.
NOT GUILTY, on the ground of temporary insanity. — To be detained till Her Majesty's pleasure be known.
Before Mr. Justice Wightman.
MR. HOBBY conducted the Prosecution.
WILLIAM HUBCOMB . I am a dresser at the Surrey Theatre. I have known the prisoner between two and throe years—he was what is called a supernumerary at the theatre, and had a shilling a night—they have nothing to speak, only to go on the stage to fill up—on Saturday evening, 23rd Feb., I went to the theatre about 6 o'clock—the prisoner was there—we were together in one of the dressing rooms—he asked me to have a glass of ale—we went into the beer shop—I drank the glass of ale, and he immedistely said he meant to take my life that night—I said, "Why? Don't he so silly"—he said, "For something you did to me It twelvemonth ago, and I don't forget it"—I said, "If you can tell me what I have' done, I will rectify it"—he said, "No, I shan't tell you; I know what it is, and I will have your blood to-night?"—he swore, and said, "So help me God, I will have your life to-night!"—I laughed it off—I afterwards went and fetched him to dress for his part, and he said, "Bill, I am very much obliged to you," and away he went—some short time afterwards he wanted to fight me for five shillings, and he said he was going to take my life and be hung for it, as his cousin was at Horsemonger-lane, if it was Monday morning he did not mind, he would have my heart's blood—he followed me about the dressing room, and certainly, when he lifted up his hand, I turned round, as I thought he was going to put his threats into execution, and shoved him away from me, but I paid no attention to it—after that I saw
him before the glass, colouring his face with vermilion—after he had made up his face and combed his hair ready to go on the stage, he went outside the room, and said, "Blood for blood, I will do for you tonight!"—in about ten minutes I had occasion to go out to receive some money of a man named Leonard, and while I was holding out my hand for the money the prisoner sprang from somewhere, and struck me across the head with this iron bar (produced)—it is a long iron bar, that he had been and got out of the property room—as the blow came he made use of some very bad expressions—he made another blow across my head, but my hand was up and when I was down he struck me across the legs with the same bar—I became insensible.
COURT. Q. Had you done anything to him a year before? A. I do not recollect offending him in my life—I asked him to tell me what it was.
Prisoner. Q. Did not you strike me, and give me a black eye? A. No, I merely put my hand and shoved you away—I do not recollect striking you—I certainly shoved you away, and told you to get dressed—I never struck you before—I never said I would knock your chump up, because you would not treat me to beer.
COURT. Q. You are not sure whether you struck him or not on this occasion? A. I am almost certain I did not, I might say I did not, I cannot swear to it, I might shove him a little hard, but not to strike him.
WILLIAM LEONARD . I was employed at the Surrey Theatre on Saturday, 23rd Feb.—about 9 o'clock that evening I went to the long room to receive my money—when I had got it, Hurcomb accosted me and said, "I will take some money of you"—he is the dresser for that room—I said, "Come outside and I will give it you"—he came on to the landing, and as he was on the stoop, holding out his hand, he received a blow across the head which felled him to the earth—I turned round and saw the prisoner administering a second—Hurcomb fell as he received it, and then he received a third somewhere about the hip, or lower—the prisoner said, "Take that, you b—"—I took the bar from his hand, and afterwards gave it to the policeman.
JOHN MEASURES (policeman, L 160). The prisoner was given in my charge—he went quietly with me—the bar was given to me by some one it the theatre—I noticed at the station that the prisoner had got a kind of scratch on his eye, there was just a trace of blood from it.
THOMAS MALCOLMSON DONAHOO . I am a surgeon in the Westminster-road—I was called in to the prosecutor about half past 8 o'clock on the 23rd—he was very faint, and had an immense scalp wound right to the bone—it was a dangerous wound—there was also a bruise on the inner part of the right ankle and on the left wrist—I have attended him ever since—he was in a precarious state for some days—he is recovering now—such a bar as this would inflict the injury I saw.
Prisoner's Defence. Hurcomb came and drank with me several times that evening; then he wanted to show fight and go out with me; I said I did not want it and it passed off; when I was dressing he came and struck me in the eye; I gave him no provocation; and at other times he has struck me in the street; last year he struck me, and! was laid up for nearly a week, but I did not bear him any animosity I did strike him, it was because I was drunk.
(The prisoner received a good character.)
GUILTY. Aged 38.—Recommended to mercy by the Jury and Prosecutor. — Confined Ten Months, the last week Solitary.
MR. SLEIGH conducted the Prosecution.
HANNAH EMMA JONES . I am servant to Mr. George Broad, a wool stapler, of Bellevue Villa, Peckham Eye. On Thursday night, 7th Feb., I went to bed about half past 11 o'clock, and left my mistress and one of the young ladies in the dining room—I fastened all the doors and windows, and left the place down stairs quite safe—I got up about 7 o'clock in the morning—about half past 7 o'clock I went into the pantry and found the pantry window open and the cruet stand gone—that window had been shut quite safe the night before and had not been opened for three months—the police afterwards showed me some meat, some cruets, and a coat—the meat was beef, pork, and mutton, such as had been in the pantry the night before—this coat (produced) was hanging at the top of the kitchen stairs, and these goloshes were between the two pantries.
Walker. Q. Can you swear to that plate? A. Yes—I broke this in cleaning it, and here is the place where it was mended—it had been broken beore—I cannot swear to the goloshes, they are like the young gentleman's.
EDWIN THIERRY BROAD . I live in Bellevue Villa, Peckham Bye, in the parish of Camberwell On this Thursday night the house was closed at half past 10 o'clock—I recognise these knives, goloshes, cruet frame, and coat—the coat belongs to my brother—I cannot identify this snuffer tray, but I lost one like it that night, I believe it to be mine—the prisoner Jackson was formerly in my employment, from about May, 1853, till Sept, 1854—since then he has never been to the house, to my knowledge—previous to that he was in our employ in Bermondsey-street—he did not sleep at the premises, only on one occasion for nearly a week.
Jackson. Q. Can you swear to that coat by any particular mark? A. I had not long before examined it very minutely, my attention was called to it from the material being composed of such fine wool, and at the same time feeling so coarse—I am not aware of any others being made of the same material—I identify it from another thing, it has suffered a good deal from rain, and the lining has got rather below the cloth—I am prepared to swear to it.
Walker. Q. Can you swear to the cruet stand? A. Yes—by the repairs it has undergone, and its general appearance—I cannot say when I saw it last, it is generally put on the table each day—I can swear to it.
JOHN HUDSON (policeman, P 82). About ten minutes, or quarter to 6 o'clock on Friday morning, 8th Feb., I was on duty in Grove-lane, Camberyell, about a mile and a half from Mr. Broad's, with Turner, another constable—I saw the prisoners coming in a direction from the prosecutor's house—I stopped Walker—Turner stopped Jackson, who was behind—I asked Walker what he had got in the bundle—he had a bundle in his hand—he said some beef and mutton—I asked where he got it from—he said he had been to see his brother, at Sydenham, and he had given it to him—seeing that he had something bulky in his pocket, I asked what he had got there—he said "Two bottles of wine"—I asked him where he got that from—he said his brother gave him that also—I told him I should take him to the station—I did so and there searched him—in the bundle I found a piece of beef, about 71 bs. of loin of mutton, a piece of boiled pork, and a Pair of goloshes; and on his person a bottle of port wine, a bottle of gin, a cruet stand, a bunch of keys, a latch key, two tope of pepper casters,
these knives, a mustard spoon, a snuffer stand, a button hook, and a copper coin—I saw Jackson searched, and some things taken from him—this dagger stick was found on a coal box in the station—he had the coat on, buttoned) round him.
Walker. Q. Was there any other person witih us? A. Yes—he escaped.
SAMUEL TURNER (policeman, P 246). I was on duty with Hudson—I stopped Jackson at the bottom of Grove-lane—he had a bundle in his hand—I asked what it contained—he said some meat and bread that his brother had given him at Norwood, where he had been to a party—I said I was not exactly satisfied, and he had better go the station and satisfy the inspector—he said he had no objection, and I took him—I saw a third man, he ran away—the three were walking together—I searched Jackson at the station—I found on him a piece of potted tongue, and a piece of bread; and this coat he had round his shoulders—I also found a bunch of seventeen keys, a gimlet, and this dagger stick—he carried this in his right hand into the station, and then dropped it on the form there—the dagger wasnot out then.
Walker. Q. Did you see the other man run away? A. Yes, before we got to the station; I thought he was following us—directly after we got to the station I went out to look for him, but could not see him—I did not see him next morning at the station—I heard that he was there.
ALFRED CASTLEMAN (policeman, P 38). I was in Grove-lane on the morning the prisoners were taken—the, other officers were in advance of me—I found in the road this mask, a screwdriver, and a pair of snuffers—they were lying in the road just after the officers had passed with the prisoners—I made an examination of Mr. Broad's house—I particularly examined the door of a cupboard, which had been opened by force, and tee, marks on it exactly corresponded with this screwdriver.
EDWIN THIERRY BROAD re-examined. I missed three bottles of wine and spirits, but am not positive whether the wine was port or sherry—I cannot swear to these snuffers—I missed a pair like these,'and believe these to be the same.
JACKSON— GUILTY . Aged 25.
WALKER— GUILTY . Aged 28.
Four Years Penal Servitude.
Before Mr. Common Serjeant.
PLEADED GUILTY . Aged 20.— Confined Nine Months.
PLEADED GUILTY .** Aged 20.— Confined Twelve Months.
JONES PLEADED GUILTY . Aged 22.— Confined Eighteen Months.
MESSRS. CLERK and M. J. O'CONNELL conducted the Prosecution.
JOHN LUKE . I am barman at the White Horse, at Brixton. On 21st Feb. I was at the bar—in the afternoon, between half past 3 and 4 o'clock, the three prisoners came there—I served them a quartern of gin—they drank it, and Jones gave me half a crown—I gave them 2s. 4d. change—I put the half crown in the till—there were sixpences there, but no other half crown—the prisoners left, and I went on With my business—when there was ten shillings in the till I took them out, and put them on the shelf—I
then found the half crown was bad, and there was no other there—this is it (producing it).
LUCINDA PETTINGALL . I keep the Hone and Groom. On 21st Feb., Harling came, and called for a pint of porter, and gave me two penny pieces—while she was there, Jones and Burke came in—Harling was still at my bar—Jones called for half a quartern of peppermint—he paid me with a bad half crown—I put it on the counter, and told him it was had—he gave me a good half crown—Burke said he had taken it from a house above, and they would go back and change it—Jones put it in his purse—I warned them not to pass bad money, as they were going into the Tillage—as they were leaving, Burke asked me how far it was to Croydon—I sent my potboy after them to watch them—Harling left my house first, and directly afterwards the other two prisoners went away together.
CHARLES BLOOMFIELD I am potboy to the last witness. On the afternoon of 21st Feb., I followed the prisoners down as far as the White Lion—they were all three together when I went out—I went and told Mrs. Whelpdale to be careful, and while I was there, Burke and Harling came in—Burke asked for half a quartern of gin, and she chucked down a bad half crown—Mrs. Whelpdale tried it, and told them it was bad—the prisoners slid they were not aware it was bad, and she was welcome to search them—Mrs. Whelpdale told me to go for a policeman, and as I was going I saw Jones standing against Streatham Church—I saw a policeman, and pointed out Jones to him—I went for another policeman, and took him to the White Lion.
MARY ANN WHELPDALE . I keep the White Lion, at Streatham. On the afternoon of 21st Feb., the last witness came to my house, and after that Burke and Harling came in—Burke called for half a quartern of gin—I served her, and she gave me a bad half crown—I brake it in a detector—Burke said to Harling, "Where did you take it, dear?" and Harling said at some house which she named in the Borough—the officer was sent for, and while he was sent for, Harling attempted to go out—soon after the constable brought in Jones—he asked him If he knew these women—Jones said he had never seen them before—Burke said, in a whisper to Jones, "Have you slung it?"—he said, "No," he could not—Burke said, "Then sling it here"—I gave information of what I had heard—a second constable came in, and they both attempted to search Jones—he produced some money from his pocket, and said, "There is the lot"—I put the half crown that was given me by Burke on the table, and my husband took it to the station—I have the piece that I broke out of it—while the boy was" gone for the constable, Burke said that I was a mother, and it would be hard to send two sisters to prison.
THOMAS GIBBONS (policeman, C 342). On the afternoon of 21st Feb., Bloomfield came to me, and I went with him—on my way I saw Jones standing in a gateway at Streatham—Bloomfield pointed him out to me—I went and asked him if he was waiting for anybody—he said, "What odds is that to you?"—I asked him to go across with me to the White Lion—he went in there, and saw the two females—I asked him if he knew them—he stoutly denied having seen them before—I asked him if he had got any had money about him—he said, what odds was that to me, and he would blacken both my eyes if I offered to lay hands on him—I sent for another officer, and when he arrived, I asked Jones to produce what he had got, and he took from his side pocket a parcel, and laid it down and said, "—you,
take the lot"—in the parcel were fifty-one bad half crowns—I put them in my pocket, and gave them to my inspector at the police station.
ROBERT EMERSON (police inspector, C). I have the fragment of a half crown, which I received from Mrs. Whelpdale—I have fifty-one base half crowns, which I received from the last witness—they were wrapped up in small packets, with paper between each—Burke said that she was married, and her husband was at Bristol, and in her possession was found her marriage certificate, but she had become acquainted with Jones—she and Harling said they were friends.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. This broken half crown is bad—this half-crown produced by Luke, is bad, and from the same mould as the other—these fifty-one half crowns are all bad, and a great many of them are from the same mould as the other two.
Burke's Defence. I was in company with this man, and he asked me to go to Croydon; I met this girl, and asked her to accompany me; we went in the house to have something to drink, and got change; the next house we went in they said the money was bad; at the next house Jones asked if we would have anything to drink, and he gave me a half crown; we went in and it was bad, but I was not aware of it; the landlady said if I gave her the money she would let us go; I said she was quite welcome to search us; I am quite innocent of it.
Harling's Defence. I met this young woman, she asked me to go with them; I was not aware that they had any bad money about them; she asked me if I would go and have something to drink; I never was in prison in my life before.
BURKE— GUILTY . Aged 18.
HARLING— GUILTY . Aged 17.
Confined Twelve Months.
MESSRS. CLERK and M. J. O'CONNELL conducted the Prosecution. (No evidence was offered against Jane Evans.)
JANE EVANS— NOT GUILTY .
JAMES BRANNAN (police inspector, G). On Saturday, 23rd Feb., I went to a house, No. 2, Morton-street, in the Borough—the street door was fastened—it was broken open by an officer—the parlour door was fastened—I directed one of the officers to break it open—John Evans came, as I believe, down the stairs—he rushed towards the door—I stopped him—he kicked me violently, and a desperate struggle ensued—I got him down with assistance, and got his boots off—as he came towards me, he dropped a parcel, which was taken up, and was afterwards found to contain six counterfeit shillings—while the struggle was going on, Savage came to the passage—I do not know where she came from, but she took an active part in endeavouring to rescue John Evans from us—I pushed her back, and she was taken into custody—I went to the parlour, where Jane Evans lay in bed, and appeared to be very ill—I took from that bed this paper box, which contained thirty-six groats, seven shillings, and five sixpences, all counterfeit—I then went up stairs to the second floor back room—I there found some moulds with impressions partly scraped out—I lifted up the window, and in a garden pot I found these plaster of Paris moulds, one for half crowns and two for sixpences, one of the date of 1834 and one 1839, and in a garden pot, wrapped in paper, I found sixty-six groats and
twenty shillings—there was no one in the room at the time I went tip but another constable—Savage was in custody down stairs at the time—she asked for her bonnet—she asked a female to fetch it—I said, "Where is it?"—Savage said, "Up stain, in our room"—I said to the woman, "I will accompany you"—she went up stairs to the second floor back room, and took this bonnet off the bed rat in that room.
Savage. He opened the door, and pushed me out of doors. Witness. No, I did not.
BENJAMIN BRYANT (police sergeant, G 22). I went, in company with the last witness and some officers, to the house of the prisoners—I saw John Evans rushing towards the last witness—he was stopped—he put his hand into his trowsers pocket, and pulled from it a small paper parcel, which he threw down—I took it up—it contained six counterfeit shillings of the reign of George the Third, dated 1820—John Evans resisted most violently—I seized hold of him, and dragged him into the back parlour—he there resisted violently—after some time we got the handcuffs on him—I commenced searching him—when I got to the right hand trowsers pocket, he said, "I will not be searched any more till we get to the station"—he rolled about for some minutes—at last I got my hand into his pocket, and found this leather purse with one crown, one half crown, ten shillings, four sixpences, and two groats in it, all good money—in a separate division in the purse I found one crown, one half crown, and one shilling, of the reign of George the Third, 1820, and two sixpences, one of the date of 1834 and the other 1844, which appeared to have been used is patterns for making moulds, and one groat of 1840—Savage came in, and got between inspector Brannan and myself—the inspector pushed her away—while we had John Evans on the floor, a young man came to the door, and said, "Halloo, Jack, what is the matter?"—John Evans said, "Hold your tongue, go up stairs to my room, and get me some grub"—he went, and said there was none.
Cross-examined by MR. LANGFORD. Q. Do you know John Evans's brother? A. No—I do not know a man called Sailor Jack—I know these pieces have been used for making moulds for making counterfeit money, because they are bright—all new money is bright, but these are not new—I did not see Jane Evans till I went in the front room—I saw her lying in bed—she appeared to me to be very weak.
JANE EVANS (the prisoner). I live in the house, No. 2, Morton-street The prisoner John Evans is my brother in law—I recollect the policemen coming there—I was in bed ill—before the policeman came, John Evans came into my room, and he said, "There is a policeman at the top of the street talking to Sailor Jack, and he is in disguise"—he threw a box in, and ran out—the door was burst open by the police, who took hold of me in the bed—John Evans occupied the second floor back room—Savage came to live with me some time, but she used to do for him in his room—she was up stairs with him sometimes, out she was out to get her living—she had not been in that room for above a week—she was sleeping with me, because I was ill.
Cross-examined. Q. How long have you been in this house? A. About three weeks before this took place—my husband lived with me till he went to work in the country—he had not a black eye just then, he had one a good bit before—I cannot say whether it was a week or a month before—I cannot say who gave him the black eye—it was not the prisoner gave it him—I was at that house, because my brother in law took the house, and
my goods were to be there, because I was going to see my husband—I did not see my brother in law take the house, but I heard he took it—I was stopping there, my goods were there, and my brother in law was going to take care of them—my husband knew that my goods were there—before they were there, they were in Surrey-street—my husband was in Manchester, but he came up yesterday, and he is in this Court—he is a japan leather dresser—he worked at Mr. Neale's, in Great George-street, Bermondsey, for seven years—I cannot say whether my parlour door was locked—I was not out of my bed for a week—I had an inflammation.
Q. Bid you ever say this: "I have no doubt it is my husband has split upon him, because he gave him two black eyes; he promised he would some day?" A. I do not know what I said: I was very ill; I had been having fits all night—I know this was in the letter—I could not swear that I did not use those words—I had seen my husband about a fortnight before that, when he left to go down to Chertsey, in Manchester.
JAMES NEVILL (policeman, G 152). I accompanied the other officers to the house—I broke open the street door, and then the parlour door—I went up to the second floor back room, and met Savage coming down from the second floor—I went into the back room—I found no one there—I assisted in searching, and on the mantelpiece, in a broken ornament, I found these four counterfeit shillings, of the date of 1820.
THOMAS EVANS (policeman, Q 145). I went up stairs with the last witness to the second floor back room—I found on the mantelpiece two galvanic wires, and, in a paper, six counterfeit shillings, six 4d. pieces, some moulds, and this iron ladle, with white metal in it—there was a bright, clear fire in the room—in a cupboard I found a file, with white metal in the teeth, some sand, a knife with plaster of Paris on, this galvanic plate, three white metal spoons, this acid in a pot, and this bag of plaster of Paris.
ISRAEL WRIGHT . I own the house in Morton street—I let it, at the latter end of Dec., to Mr. Broughton—the prisoner, Savage, took it by the I week—I used to call for the rent—on the last occasion that I went, John Evans paid me the rent—I used to address Savage by the name of Broughton.
Cross-examined. Q. Did this woman have the whole house? A. Yes, and paid 7s. 6d. a week—there are six rooms in it—she said her husband was a mason, at the house of Lords—I had not seen John Evans at all then—I only heard Mr. Broughton was a mason, and I was satisfied with it—when I saw John Evans, I thought he had no appearance of being a mason—I do not know that I addressed him as Broughton—my business was transacted at the door.
WILLIAM WEBSTER This mould is for making counterfeit shillings—the date on it is 1820—some of the shillings taken from the paper box in the parlour are from this mould—this good shilling has been used for making the mould—all these things are apparatus for coining—here is everything here that is used for coining—here is a half crown, from, which this mould has been made, but the mould itself has not been used—this battery is used to coat the coins with silver.
JOHN EVANS **— GUILTY . Aged 42.— Six Years Penal Servitude.
SAVAGE— NOT GUILTY .
( There was another indictment against Savage, upon which no evidence was offered. )
393. ALFRED SWINBOUKNE , burglariously breaking and entering the dwelling house of Sir Henry Muggeridge, Knt., at Streatham, and stealing therein I watch and chain, value 18., and 2 coats, Value 8l. his goods.—2nd COUNT, feloniously receiving the same.
THOMAS DIDMAKSH . I am coachman to Sir Henry Muggeridge. I reside in the house—on the night of 24th Jan., about 11 o'clock, I came in, fastened the door, and went to bed a few minutes afterwards—I came down next morning about 7 o'clock, or a little past, but some of the servants were down before me—the one who came down first is here, Eleanor Clark, the housemaid.
ELEANOR CLARK . I came down at a few minutes before 7 o'clock, and found the laundry window and the garden door open—they were quite safe when I went to bed the night before—I had heard nothing in the course of the night—I missed a gold watch and chain from, the breakfast room, and two great coats which had hung in the hall—this is the watch and chain—they belong to my master, and these coats also (produced).
JOHN ALTON . I am a pawnbroker, of No. 7, London-terrace. On Monday, 4th Feb., this watch was brought to me by the prisoner; he wanted 3l. 10s. upon it—I told him that I had received information from the police that a watch answering that description exactly had been stolen—I requested him to walk into our sale shop, sent for an officer, and said that it was my duty to give him into custody—he said that it was his uncle's watch, and gave me his uncle's address—I forget the name of the street, but it was somewhere in Hoxton—the value of the watch is from 12l. to 15l.—when he offered to pledge it he gave me a ticket to redeem another watch pledged at our house, which was afterwards traced to be stolen property likewise.
EDWARD JONES . I am assistant to Mr. Fish, a pawnbroker, of Hackney I produce a great coat pawned by the prisoner on 25th Jan., as near at I can recollect, about 9 o'clock in the morning, or half past—he merely asked 15s. on it, and I advanced it—I asked his name and address—he said John Southey, 5, Greenwood-row, Wells-street.
ELIZABETH SOUTHEY . I pledged this chain—I received it from the prisoner on a Tuesday—I cannot say the day of the month—I received it from him the same morning—I gave him the money I obtained on it, and the duplicate.
Prisoner's Defence. I received them from a person,; I got into conversation with him, he appeared to me to be a good man; I do not know that I ever saw anything wrong in him, and I pledged the property for him; he asked me each time, and I delivered them up to him.
Prisoner. I wish to ask Mrs. Southey to justify me that I did not steal the property, and lived at her house and never stopped out Witness. He was very ill in bed on the morning that I parted with the chain for him.
and he had not been out the night before—I do not remember anything about five nights before—I cannot recall the days of the month—he was generally at home between 12 and 1 o'clock at night.
GUILTY on the 2nd Count. Aged 20.
(Mrs. Southey stated that the prisoner was in a consumption; that he had broken a blood vessel, and was not able to work constantly; and that he was an out patient of the German Hospital at the time.)
Confined Twelve Months.
(There was another indictment against the prisoner.)
BARTHOLOMEW TAYLOR . I am a labourer, living at Bermondsey. On Saturday night, 13th Jan., I was talking to the prisoner at my apple stall, about 12 o'clock, in the Old Kent-road, by the Dun Cow public house—I left there to go home, and he walked with me to Upper Grange-road, he then knocked me down, out me over the eye, and robbed me of 16s.—there had been no quarrel—I had been drinking, but knew what I was doing—I have only one hand—my money was safe in my trowsers pocket five or ten minutes before I left my stall—I did not see the prisoner again till six weeks afterwards—I have known him six years.
JOHN NEALE (policeman, M 248). On the night of 27th Jan., I found the prosecutor drunk, lying in Grange-road—I believe he knew what he was about—he had a cut on his forehead over one eye—he was too drunk to wheel his barrow, he has only got one hand.
COURT to BARTHOLOMEW TAYLOR. Q. You said that it was on 19th Jan.? A. I got locked up on the same night, it was the night that the last witness found me, he locked me up.
Prisoner's Defence. I am innocent; I know nothing at all about it.
NOT GUILTY .
MR. SLEIGH conducted the Prosecution.
EDWARD WADE . I am shopman to Edward Harris Rabbitts, of No. 1, Crosby-road, Walworth-road, a boot and shoe maker—on a Monday morning in Feb., about 10 o'clock, the prisoners came—Forer asked for a pair of spring boots out of the window—he tried them on and they were rather tight—I got another pair and they were too large—I went into the ware-house for another pair, and when I came back Balcecarli got up and said, "Well, I must go, or I shall be all behind, you will overtake me in about half on hour"—Forer said, "Yes, I shall," and he left—Forer then said that he should like to have a pair made for him, he did not mind the price, he agreed to give 17s., and gave me a half crown deposit and left—in the course of an hour or so I saw the prisoners in custody—I afterwards searched and missed this pair of boots (produced)—they are my master's—I had put them on the back of a chair just before the prisoners came in—I had not sold them—I described them to the policeman and he took me to the pawnbrokers.
Cross-examined by MR. LILLEY. Q. How long were the prisoners in the
shop? A. Nearly ten ininutes—one remained four or five minutes after the other left.
Cross-examined. Q. Are they both foreigners? A. They speak French—I do not understand it, I do not know whether it is Italian.
Cross-examined. Q. Do you know what countrymen they are? A. No, they both spoke English to me and to each other.
Mr. SLEIGH. Q. What did they say? A. One said, "My time is up, I think"—I said, "I will tell you the time," but before I had got my watch out of my pocket, he walked off with a pair of boots.
FORER— GUILTY . Aged 34.— Confined Nine Months.
(There were three other indictments against the prisoners.)
Before Mr. Recorder.
PLEADED GUILTY . Aged 22.— Confined Twelve Months.
397. RICHARD WALSH and JOHN JONES (soldiers), unlawfully obtaining 5s. from William James Brownley, by false pretences: 2nd COUNT unlawfully endeavouring to obtain money of Edward Blanchett, by false pretences.
WILLIAM JAMES BROWNLEY . I keep the King's Head public house, Behridere-road. On Thursday, 21st Feb., about 7 o'clock, the prisoners came—Walsh had a great coat on with a stripe on the arm, which means corporal—Jones had red clothes on, a militia man's coat, but no great coat—Walsh produced the billet to me, signed, H. Jones, constable—it is the duty of the police constable on duty at the station to sign billets—Walsh handed it to me and said, "Here is a billet for this man," pointing to Jones, "for seven nights"—I said to Jones, "What will you do, stop here, or be paid out?" Walsh answered for him, "He had rather be out"—I asked Jones what he required—he said 9d. a night—I gave him 5s. and he went away.
Walsh. I did not give you the paper, you were in the bar parlour Witness. It was handed to me in the bar not half a second after he gave it to my man.
EDWARD BLANCHETT . I keep the Waterman's Arms. Belvidere-road. On 22nd Feb., about a quarter past 10 o'clock at night, the prisoners came—I had found a billet at my house, and I produced it to them, and asked them who it was for—they said that it was for Jones—I said, "Are you the man that brought the billet?"—Walsh said, "Yes"—I asked which was going to remain; he said, "Jones"—I asked what he would require, Jones answered, "7s."—I gave Jones the billet, and a pen and ink to write a receipt on the back of it—this is it (produced)—Walsh said that they belonged to the 20th regiment of militia, and got the billet at the station house—I bad a policeman waiting to take them in charge; he did so—I gave them no money.
Walsh. Q. Did you receive the billet from met? A. No, but you identified it, and said that you got it from the police court, or office.
WILLIAM JONES (police sergeant, L 21). On 21st Feb., I was acting inspector at Tower-street station—it was my duty in that capacity to give out billets for the district in which Mr. Brownley lives, and for the whole parish of Lambeth—these are not my signatures, nor are they the sort of billets which we issue—ours are of a different form entirely—there is no one named Hammond who issues billets—no other constables of that division issues billets—to the best of my recollection I have given Walsh billets on one or two occasions.
Walsh. Q. Is there any secret business passing between you and sergeant Adams on particular occasions, have you ever signed billets out of a red book? A. Never—I do not recollect seeing a red book—I know sergeant Adams, and know him to be a respectable man—I do not recollect giving him three billets for one on lit or 2nd Feb.—I did not do so—there is no business between him and me—you never left me sixpennyworth, nor sergeant Adams.
Jones. Sergeant Adams gave our pay sergeant three billets on 1st or 2nd Feb. Witness. Not unless it was done in the regular way of business—we never give billets except when they are applied for, and they are entered in a book—we do not infringe on die publicans—he bad no right to receive three, and I never gave him three—I pledge my oath to that.
WILLIAM ROMAINE (police sergecmt). In consequence of information, I went in plain clothes to Mr. Blanchett's house—I followed the prisoners in—Mr. Blanchett showed them this billet, and asked them where they got it from—Walsh said that he got it from the police office—I then said, "It is false, it is ft forgery, and you must both consider yourselves in my custody."
Walsh. Q. Did I say that I got it from the police office? A. Yes, those were your words—Mr. Blanchett did not give it to Jones to sign after that—he had signed it, and it was taken from his hand, and held to you—I saw him write this, "Thomas Clark."
Walsh's Defence. I was in charge of the recruiting officer for a short time, and during sergeant Adams's absence, I saw this red book with the billets in it signed and dated; I took them out, and saw other billets of put dates, Sept. and Oct., and with different signatures; these two were the only ones for dates to come on; I took them out, and told Jones of it, and we went; I believe sergeant Adams has been carrying on this game some time; I am confident of it; the book has been taken to the police court and signed, and he has taken and done it himself; there is great animosity I between the sergeant and me, and my comrade; we have been courting his wife, in fact, and he has been trying to get us away, and has put this on us; they were laid in our way, and I took the billets, not thinking that it was any harm; I had a good character from my former employer, and was on the road to promotion; within another fortnight I should have been made a full corporal; I have not a scratch against me in the books.
COURT to WILLIAM JONES. Q. Do you ever issue billets in this form? A. No—we had some, two or three years ago, much after this form, but not the same—this (produced) is a genuine billet—(the witness signed it)—that is my usual signature.
WELSH— GUILTY . Aged 22.
JONES— GUILTY . Aged 19.
Confined Four Months.
ADJOURNED TO MONDAY, APRIL 7TH, 1856.