Old Bailey Proceedings, 16th June 1856.
Reference Number: t18560616
Reference Number: f18560616

CENTRAL CRIMINAL COURT.

SALOMONS, MAYOR. EIGHTH 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, June 16th, 1856.

PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. MUSGROVE; Mr. RECORDER; and Mr. Ald. FINNIS.

Before Mr. Recorder and the First Jury.

Reference Number: t18560616-566

566. JOSEPH HAGUE was indicted for wilful And corrupt perjury.

MESSRS. METCALFE and POLAND conducted the Prosecution.

JOHN BOATWRIGHT . I am clerk to Allen and Sons, solicitors. This (produced) is a copy of the Record in this case.

HENRY LINDEN . I am one of the ushers of the Middlesex Sessions. I was present on 25th April, when a bastardy appeal was tried, and in which the defendant was examined as a witness on his own behalf—I administered the oath to him; he was duly sworn.

WILLIAM HAMILTON HAWKINS . I am a shorthand writer. I was present on 25th April at the Middlesex Sessions, when a bastardy appeal was tried, in which the present defendant was appellant—I took notes of his evidence in shorthand—this (produced) is a copy.

MR. SLEIGH. Q. Have you got the original notes here? A. Yes—I We compared the copy with the original—(The witness read the defendants evidence, in which he stated that he was not the father of the child; that he never had connection with Emma Plaister in his life; that in was never within the house of William Henry Plaister, excepting once in 1854; that he was in a public house called the Cross Lances all that evening, until 12 o'clock; that he did not go to or open the door of the father's house on 12th Nov., about 11 o'clock, or at any other time or night; that he had never walked with, or in the company of, or near to Emma Plaister; that he had never met or walked with her in a plantation; and that he had never in 1854, or at any other time, walked with or been in her company at or near the saw mills.)

Cross-examined by MR. SLEIGH. Q. You are a reporter at the Middlesex Sessions? A. Yes—I was instructed to take these notes by Mr. Charles Allen, when the girl's case was concluded—Mr. Ballantine was addressing the Court when I began—I took, without omission, the whole of the defendant's testimony, from the first word to the last.

EMMA PLAISTER . I am now living in Brentford Union—before I went there, I was living with my father at Hounslow powder mills—he is a groom—my mother is dead, and my father has since this matter married again—I am eighteen years of age—in Nov., 1854, I was living there, with my sister, who is about thirteen years old, and my two brothers, who are mere children—the powder mills are inclosed, and my father's house is within the inclosure—the prisoner was a clerk in the powder mills, and lived within the inclosure—my father has to go out a good deal, as groom, to drive people about—I was confined on 9th Aug., 1855, in the work-house; I was removed there for that purpose—Joseph Hague is the father of my child—it is three years ago since I first knew him, to speak to—he frequently spoke to me, sometimes at my father's house, and sometimes away from it—the first connection between us took place on Sunday, 5th Nov., 1854—he came to the house to me; he went by the house several times that day, and that night he came to the house after me, about half past 10 o'clock—my sister was there when he came—he persuaded me away, and we both went up the plantation together—the plantation is about three times the distance across this Court from the house, about 100 yards—there is a path leading through the plantation to the packing shop and to his house too—that is the way that he goes home—we went along the path, and when we got into the plantation he had connection with me—I was away from the house about a quarter of an hoar altogether; he then went home—on the Tuesday following I had connection with him again, in the same place—he came to the house on that occasion also—it was about half past 7 o'clock—my sister was there; my father was out on both those occasions—the connection was repeated up to March—from the time I first became acquainted with the prisoner until I was confined, I had no connection with any other man, nor had I before I saw the prisoner: never with anybody else—I saw nobody on any of the occasions when I was with the defendant—I know Harriet Lane—she was with me one night, but not when I was with him—while I was with her I saw the prisoner, and she left me; that was about a month after the first connection—when she left me, I went with Joseph Hague into the plantation, and had connection with him—besides walking with him on the two occasions I have told you of, he has often been to our house; not before 5th Nov., but five or six times between 5th Nov. and March—there are some mills there—I remember being with him there—I do not remember how he was walking with me, whether he did anything on that occasion, any more than he kissed me—that was about dusk—I cannot fix the time—it was at some mills under the building.

Cross-examined. Q. Have you lived in your father's house all the time, until this matter occurred? A. Yes—I was away at service for a little while after my mother's death—I do not know how long before this matter occurred I was out at service, I do not think anything at all about when I was at service, I do not recollect it, and I cannot tell you—it is no good my trying to recollect, I have answered as much as I can, and I cannot answer any more; you will not tire me—it was longer than three months before 5th Nov.; I do know not exactly whether it was four months—I was

not out in service in the summer of that year; Whether I waft out in service in the spring of that year is not my case.

COURT. You must answer the question; you will place yourself in an awkward position. Witness. I will speak the truth as well as I can.

MR. SLEIGH. Q. Were you in service during any period of 1854? A. No, not that year—I do not know whether it was the year before; I do not keep any recollection—I have told you once that it was not in 1854—I do not know whether it was in 1853 or 1852; I do not keep any recollection at all about it—I cannot answer you whether it was in 1851—it was at Mrs. Newberry's that 1 was in service; she lived near the George the Fourth public house, at Hounslow, but has gone away—she left there soon after I left her; I do not know when that was—I do not know where she is now, or how long I lived with her, that is nothing about my job—that is the answer that you are to take if you like; if I could tell you I would, but I do not recollect at all—I did not live there a year; I do not know whether it was six months.

COURT. Q. Do you say you do not know whether you lived there six months or twelve; am I to write that down? A. It was neither—I do not know how long ago it was.

MR. SLEIGH. Q. Will you tell me, without my telling you, why you left Mrs. Newberry?—(The witness did not answer).

COURT. Q. You must answer, or I shall be obliged to send you to prison, and I shall do it; what was your reason for leaving Mrs. Newberry's (The witness remained silent, and was ordered to be detained until the case was over, when she was allowed to leave.)

ANN PLAISTER . I am the sister of the last witness, and lived at my father's house in Nov., 1854, and still do so. I have seen Hague there; the first time was on 5th Nov., Sunday, when he went out with my sister Emma, at half past 10 o'clock—they were away a good while—I saw him again on the Tuesday following—there were fireworks on the Monday, and he came on the Tuesday, and went out with my sister about half past 7 o'clock—I saw him in the house before they went away—my sister was away about half an hour—they went into the plantation—besides the 5th and 7th Nov., I have often seen him at my father's house talking with my sister, and walking with her outside frequently—Mrs. Davis used sometimes to come to the house.

Cross-examined. Q. When did you first give any account of this matter of 5th Nov.; you know this was in 1854? A. When I went home from Brentford—this was about half past 10 o'clock on Sunday night—my two little brothers were at home, one is getting on for nine, and the other is seven; that is their age now—there was no one else in the house that night—I diet not say a word about seeing the defendant at my father's house during the whole of Nov. or Dec.—I never said a word about it till my sister had been before the Magistrates at Brentford—I remember her being confined of a baby in Aug.—I remember her going before the Justices at Brentford, in Oct., to get a summons against the prisoner—I did not go with her then, I did in Nov.—she did not tell me that she was going, nor did I hear her say so, but my mother told me that she had gone to swear the child against Hague—I remembered all about seeing Hague with her on that night then, and on the Tuesday night—I remember her coming back and telling her father and mother that she had got a summons against Hague—after she got the summons, I remember her going before a Justice to be examined about it—she was living at my father's house all that time—my mother went with her—I did not go the first time, nor did Harriet Lane—

I went with my sister the second time, but did not hear the Justice examine her—I was not in Court, I was outside—I was afterwards called in and examined—I do not know whether my sister told my father and mother when she came home the first time that the Justice would not make an order; she did not tell me—I remember her coming home, and saying to my mother and father, that they would not make an order, because she had not enough evidence—I was present—she afterwards got another summons, and I went before the Justice—my sister was away about half an hour on the Sunday evening—my father and mother were not at home when she came back—I was in bed when she came home, and she went to bed directly she came back—I was in bed when this young man came that night at half past 10 o'clock; I had not been in bed long when he came—there are six rooms in the house, there is no up stairs; we live and eat in the front rooms—there are two rooms in the front of the house—there is a passage, but the door opens into one room, and there is another room at the side of it—we eat in the one into which the door opens, and the other is my father's bedroom—there are four rooms behind those two—I sleep in the back bedroom—my brothers were in bed at this time, they slept with my father—when I saw the defendant on Tuesday, about half past 7 o'clock, my sister and my two brothers were at home—I did not say anything to my father on Monday morning about my sister having gone out with Hague—I had not known her to go out with a young man before that Sunday—I never knew her keep the company of a young man—I do not remember her father beating her—we live about three quarters of an hour from the railway—I know a man named Jones employed on the railway—I do not remember my father beating my sister a month or two before I saw Hague with her, or scolding her for being out, and her stating that she had been with Jones—on my oath I do not remember his scolding her for being out late, not before 5th Nov.—I remember it very soon after 5th Nov.—I remember one morning after she had come home late, her father scolding her—I do not know whether he beat her, I was in bed when she came home—the noise did not awake me—my father told me next morning that she had been out late—I did not hear her say that she had been out with a man named Jones—I did not hear her father say to her that it was disgraceful for her to be out with men to that late hour; he never said anything before me—my sister did not tell me that he had beaten her—I know that he did beat her at that time—she told me that it was because she was out late, but did not tell me that she had been out with Jones—I do not know a man named Harry, a pointsman on the railway—my sister did not tell me that she had been out with Harry—this was on Sunday night, I am sure it was not before 5th Nov., I will swear it was after.

Q. Will you swear that your sister did not tell you her father had beaten her for being out late before 5th Nov.? A. It was after 5th Nov., I will swear it was not before—I did not tell my father anything about my sister going out with Hague on the Tuesday night—I have seen them walking together and talking often, but not where anybody could see them, not in the day time—it has always been inside the powder mills—I have never been walking with anybody when I saw them together.

MR. METCALFE. Q. My friend asked you whether your sister told you she had been out with Jones or Harry; did she say who she had been with? A. With Joseph Hague, and she told me not to tell father—that is the reason I know that it was after 5th Nov.—Hague did not come to the house before 5th Nov.—my sleeping room is next to the room you come into first

—when I am in bed I can bear anybody talking in the next room, or see them if they come near the door—I know Hague's voice well, and heard it on 5th Nov.—my sister had no lawyer before the Magistrate—Hague had a solicitor—my sister had no lawyer till after Hague appealed.

MR. SLEIGH. Q. Had you spoken, and been on terms of conversation with Hague before 5th Nov.? A. No, but I knew him before.

WILLIAM HENRY PLAISTER . I am the father of the prosecutrix, and live in the plantation within the inclosure of the powder mills; I am groom to the proprietor of the mills. The plantation extends nearly 100 acres—the defendant lives about 500 yards from me—on 12th Nov., 1854, Sunday, about half past 11 o'clock at night, I was at home, and he opened the door, and called "Emma!" twice—I got out of bed, and asked him what he wanted—he told me he wanted a little bran to pack up some eggs—(I found him just inside the door)—I told him I thought it a very late hour to come after bran, and he went away—he was in liquor—next day he sent down a few eggs by a boy, made an apology, and said that he was in liquor—I saw him that day, and he said that he was very sorry he was in liquor, and did not hardly know what he was about—my daughter told me in March that she was in the family way by Hague; and I went to his office, called him out, and said, "Joseph Hague, my daughter accuses you of her being in the family way by you"—he said, "No, it is not me; I know who it is," but he did not tell me—he looked confused, and walked away—the girl was with me—he said that in her presence, and she said, "Yes, it was you, and no one else"—I do not recollect scolding my daughter for coming home late, some time in the end of 1854—I never did so.

Cross-examined. Q. Have you married since Nov., 1854? A. Yes—no one lived in the house with me except my two daughters and my two little boys—after that Sunday night, I saw Hague next morning—a person named Bennett was present, but he is not here—he is a neighbour of mine, and lived on the premises then, and does so now—I am not married to a relation of his—I last saw him yesterday—he is not here to-day—there was nobody but my daughter present when I told Hague that she was in the family way by him—I had no conversation with him after March—there has been some little difficulty between this young man and me—I heard that he said something disrespectful of me—I have not brought an action against him.

Q. You know that he was at the powder mills, where you were engaged, and he has not got that situation now; do you remember telling some one you would take care that he should not stay there long? A. No—I am in the habit of driving my mistress about in an open carriage—I did not say that I would take care that he should not stay there long, as he had spoken disrespectfully about Bennett, or about myself to Bennett—I told several people, between March and the time when the Magistrate first heard it, that I had charged Hague with being the father of my daughter's child; I told Mrs. Bennett; she is here to-day—I cannot recollect who else I told—I knew that my daughter was going before a Magistrate in Oct. to obtain a summons against Hague—I did not know it before she went—I did not go with her, and I did not go the second time—I did not go before the Magistrates at Brentford; I did at Clerkenwell—I have beaten my child Emma, but not for being out late—I never knew that she was keeping company with young men, and never complained to her about it—I tell you deliberately, on my oath, that I never scolded her for being out late at night—if anybody says that I have done so, it is not true.

MR. METCALFE. Q. When was this rumour circulated about you and Mrs. Bennett? A. That was the second time that my daughter went to Brentford; I never heard of it till then, and then they circulated a report that I and Mrs. Bennett were in a urinal together, and Mr. Bennett, the husband, brought an action against him—he also said that Evans was with him, and saw it—there was not one word of quarrel between me and Hague until my daughter made this charge against him—I do not remember speaking to my daughter about being out with Hague, or being out at all—my attention was not called to it till long after—I am out a great deal with my mistress, driving about—I had no solicitor until the appeal.

MR. SLEIGH. Q. Did the prisoner mention the name of anybody when he said that he knew who was the father? A. No, and I did not ask him—he turned and went away directly.

HARRIET LANE . I live about a mile from the powder mills, but not in the inclosure. I know the defendant by sight, and also know Emma Plaister; I used to go within the inclosure to see her—I went there to see her in the winter of 1854, and we walked about the footpath by her house together—while I was with her I saw Hague; she ran away from me to meet him—they went into the plantation, and I left them together, and went away—that was about 7 o'clock in the evening; it was in Nov.

Cross-examined. Q. Can you tell me at what part of the month, early or late? Q. No—I cannot tell you whether it was the 1st or 31st, but it was in Nov.—I know it was not 31st Oct.—I swear that it was Nov. because I know the month, and it was Wednesday—I mentioned it to my mother the same night when I went home—my mother is not here—I also mentioned it to my cousin, and to all that were at home; none of them are here now; they go to work—I knew that Emma was about to apply to the Magistrate in Oct. for a summons against Hague before she did so—I did not go with her—my mother is a laundress; my father is dead—I heard that the summons was decided before a Justice—I went there on the second occasion—I fix the time in Nov. because I know that 5th Nov. was in the same month—the only reason that I will not swear it was 31st Oct. is, that it was in Nov.

MR. METCALFE. Q. What part of Nov. do you think it was? A. I cannot tell you.

JURY. Q. Was it after the 5th? A. I cannot say whether it was after or before the 5th, I did not take such particular notice—I should think the defendant came as near to me, when she saw and joined him, as across this Court, but I cannot tell—it was moonlight, I think—that was not a very foggy month—I should not like to swear that it was moonlight, but it was light, and I could see him—the person, whoever he was, did not come within several yards of me—I knew him by sight; I was in the habit of taking my brothers their dinner to the powder mills, and there I always saw him, but I never spoke to him—all my brothers work at the same place.

JOHN CLIFFORD . I know Emma Plaister—her father is now my stepfather, he married my mother—I know Mr. Plaister's house in the mills—I used to go there in the winter of 1854—I remember being there one night when Hague came there—it was between 8 and 9 o'clock—Emma Plaister was in doors—he came in and stood before the fire, and asked me to go and get him some bran—I went and got it, and came in and gave it to him, and he gave me 2d.—I then went out to play, and left him in the house with Emma Plaister—this was somewhere about Oct, it might have been Nov.

Cross-examined. Q. Can you say it was not Sept? A. It was not Dec.—it was not Sept.; it was later, it was either Oct. or Nov.—I was living with Mr. Plaister at that time, and I have been ever since—he married my mother—Plaister was married a third time last Whit Monday twelvemonth—I have not been examined about this matter before to-day—I was lodging at Plaister's house at the time Emma went before the Magistrate the first time to get the summons—I heard that the summons was dismissed—I did not go the second time—I knew that the matter was to be heard again at the Sessions House, Clerkenwell—I went there, but was not examined.

MR. METCALFE. Q. You say your mother married on Whit Monday, 1855? A. Yes—I was lodging in Plaister's house two or three years before that—I was employed at the powder mills—it was my mother-in-law who married Plaister last Whit Monday—before that, my own mother had married Plaister, she is dead—she was alive when I first went to live at Plaister's; since her death he has married again—my mother was not living at the time I saw Hague there.

HENRY JOHN BENNETT . I live at Hounslow, outside the powder mills. I know Emma Plaister and the prisoner—I have seen them together twice—I cannot say when it was—it was between Michaelmas and Christmas, 1854—the first time was just at the back of Mr. Plaister's house, between 3 and 4 o'clock in the afternoon—I saw them about a fortnight afterwards, in the same place as before; that was between 2 and 3 o'clock—there was no other person with them on either occasion—they were standing at one time, and walking the time before—they were not walking arm-in-arm, they were close together; I was not nigh enough to know whether they were talking—they were walking round to the left, towards the plantation—they were in the pathway.

Cross-examined. Q. Have you ever been examined before about this matter? A. No, I was present, but was not called—I was not before the Magistrates at Brentford, but since it has been tried in London—I was at Clerkenwell and Westminster Sessions, but was not called—I cannot fix a more definite time than between Michaelmas and Christmas; I cannot state the day of the month.

MART ANN DAVIS . I am the wife of George Davis, who is gardener to Colonel Edmonds, at Hounslow. We live about a mile and a quarter from the powder mills—I know Emma Plaister—I used to wash for Mr. Plaister—I saw the prisoner and Emma Plaister together on one Sunday evening in 1854—it was in Nov.—it was 19th Nov.—they were at the saw mills, under the saw mills—it is a sort of shed, or lean-to, and has got a tiling to the top—it is part of the powder mills—it might be twenty or thirty yards from Plaister's house—I saw the prisoner with his arm round her neck, and kissing her—I know this was the 19th, because Mr. Plaister took his boy home the Sunday before, and he ordered me to go there the next Sunday to fetch his linen, and he would settle with me—I always go to Church once every Sunday, and so, of course, I know it was the 19th—I always put down my washing—I spoke to Emma Plaister, and told her I would tell her father—I did not do so.

Cross-examined. Q. You go to Church every Sunday, do not you. A. Yes, except I am ill; there was nothing unusual in my going on the 19th; I know the day of the month—I did not mention this to anybody—I was not at home when she went before the Magistrates, I was in Surrey—I was not at home till she came to London—my husband was living in the Staines-road; he knew where I was—I was at the back door of Plaister's house.

when I saw the prisoner and Emma Plaister under the saw mills—I cannot say exactly what o'clock it was; it might be 5; it was in the evening part; it might be later; it was not 6 o'clock—I cannot say whether it was dark; it was getting dark—(looking at a plan) there is no road between the back of Plaister's house and the saw mills; there is a road between the house and the saw pit; the pit is fifty or sixty yards off—you cannot see that from the house—the saw pit is not the same place as the saw mill; the mill is immediately behind Plaister's cottage.

COURT. Q. At whatever time it was, are you sure there was light enough for you to see and know the man? A. It was quite light—I am certain it was him—I had known him before; I had passed him before.

Witnesses for the Defence.

JOHN TILEY . I am a millwright, employed at the powder mills at Hounslow. I was employed there in 1854—on Sunday, 5th Nov., in that year, I was at the Cross Lances public house, at Hounslow—I went there with the prisoner, about 6 o'clock in the evening—it is about a mile and a half from the powder mills, or it might be a little more—I was at the Cross Lances till 12 o'clock at night—the prisoner remained with me till 12 o'clock, and left with me—the house was closed for the purpose of supplying customers, at 10 o'clock—I know the landlord, Mr. Townsend, and his daughter—I was on friendly terms with them—I have known them, for a long lime, ever since they have "been there, about five years—I am not a customer of five years' standing, but I have known them that time—after the public house was closed, we sat in the bar with the landlord and his daughter—we left at 12 o'clock—I remember the time very well, because I heard the Church clock strike as we got outside the door—I recollect this was 5th Nov., because we were making fireworks all the Sunday morning, till the afternoon—the 5th Nov. was to be kept on the Monday—we were not making them at the powder mills; we were making them for our own amusement—I give that as the reason for knowing the time—I was on intimate terms with Hague—I was very often out with him—I never saw him with a girl named Plaister—as far as I have known the prisoner, he has borne a good character for truthfulness and integrity—he has a mother and and one sister, and lives with them.

Cross-examined by MR. METCALFE. Q. How long have you been in the habit of going out with him? A. About two years—I did not remain at the Cross Lances after the house was closed; I remained there till 12 o'clock; that was after the house was closed—I remember perfectly well stopping there till 12 o'clock at night—the house was closed at 10 o'clock—it is not true that we left at 12 o'clock, because that was the time to shut up the house—I was examined at the Westminster Sessions—I swore there that we came away at 12 o'clock—I did not swear that I knew it was 12 o'clock because it was their time to shut up, and they then shut up the house—I do not remember positively swearing that they turned them all out, and shut up at that hour, because they did not do so—I remember your examining me at the Westminster Sessions, and asking me whether the Beer Act did not compel them to close at 10 o'clock—I might have said, "I don't care about the Beer Act, I know they closed at 12 o'clock;" I cannot say positively—I did not mention then about sitting with the land-lord's daughter—I do not know that I said I left when the house closed—I know the house closed at 10 o'clock—the house was not kept open till 12 o'clock—I do not believe I swore on a former occasion that it was open till 12 o'clock—I cannot positively say whether I did so or not—I did not say

anything about the landlord's daughter—I might have mentioned the land-lord's name, nothing more; he is not here, his daughter is—I did not say on that occasion that immediately before I left the house several other persons left also—there were no other persons there—we did not go away when the house closed, not till 12 o'clock—I left Hague at the corner of the lone, about five minutes' walk from his place, and I went to the lodge where I live—I noticed the clock in the bar as I came out of the house; I looked at it, and saw that it was 12 o'clock—I cannot tell when I was first asked about this matter, or when I first heard of Hague being in trouble; it might have been in Oct. or Nov., twelve months after—nothing in particular induced me to look at the clock; I did notice it—the landlord did not tell us to go, as he must close the house—he closed it at 10 o'clock—we remained for two hours afterwards—there was nobody else there but the landlord and his daughter, Hague, and myself—I do not exactly know what we were doing all the time; I believe we had something to drink, I cannot tell you what it was—I think we had some supper there on that night, I am almost sure we had; I do not remember what it was—nobody else came in during any part of those two hours—we were sitting in the bar—we went there at 6 o'clock—we were there six hours altogether—I was living with my grandfather and my sister at that time—I believe I let myself in that night by, the back door; I had no latch key; the door was left unbolted—when I went in I saw my sister and my grandmother—my grandfather was gone to bed—that was about half past 12 o'clock.

MR. SLEIGH. Q. Do you distinctly remember that the house was closed as regards customers at 10 o'clock at night. A. Yes—no customers were let in between 10 and 12 o'clock—I have known Mr. Townsend and his daughter for some time—I frequently visited at the house, and enjoyed Miss Townsend's society—we were in the bar, where the liquor is drawn—there are seats there—on the morning of 5th Nov. I was making fireworks for my own private amusement—the powder mills are always at work on Sunday.

COURT. Q. Did you pay for what you had that night? A. No, we did not pay for anything we had after the house was shut up—we paid for some things when some of our friends were there—I do not remember how much we paid for—there were other parties in the bar as well, we were not the only parties.

MARIA TOWNSEND . My father is the landlord of the Cross Lances public house at Hounslow. I blow the last witness, Mr. Tiley—I knew him in 1854, and for some time previously—he is a very particular friend of mine—he was in the habit of visiting at my father's house—J remember Sunday evening, 5th Nov., 1854—Mr. Tiley came to our house that evening, I do not remember the time exactly, we take tea at 4 o'clock; it was after tea—the prisoner came with him; they remained till very late at night, past 11 o'clock; at that time we were obliged to close our house at 10 o'clock—they remained till past 11 o'clock; I cannot say how much past 11 o'clock, the customers had left at 10 o'clock, and then there remained only Mr. Tiley, Mr. Hague, myself, and my father.

Cross-examined. Q. When were you first asked about this, before or after the case was at the Westminster Sessions? A. Before—I did not go there—I have never been called as a witness before—I cannot say how long before that I was asked about it—I have heard it spoken of several times—it was about Oct. or Nov., 1855—this was not the only time that Mr. Tiley was within our bar, he has often been there—Hague has sometimes been

with him; he was very often at our house, and very often came within the bar with Mr. Tiley, Sundays as well as other days, he was treated as a friend—I remember this particular Sunday, because it was 5th Nov. coming on a Sunday, and they were stopping late, talking about the fireworks—we do not talk to friends when we are in business—I serve behind the bar—I do not know that gentleman (the prisoner's solicitor), I have seen him here to-day, but I am not acquainted with him—he has not been speaking to me to-day—he did not come out of COURT and speak to me while Tiley was being examined—he has not been talking to me to-day about this case—he shook hands with me at the door of the COURT this morning, but did not speak of the case to me—I came with Mr. Tiley, and the prisoner's other friends—I was not at the Westminster Sessions—I knew that Tiley had been examined there as a witness.

COURT. Q. Is your house near the church? A. Not very, it is nearer the station than the church; it is about five minutes' walk from it.

JAMES TILEY . I am collector at the Morning Star newspaper office; I am the brother of the witness. I know the defendant perfectly well, and have known him about three years—on 4th Nov., 1854, I was on a visit to him; I was with him on Sunday, the 5th—I went on the 4th; I met him that evening at the Cross Lances, at Hounslow, in company with my brother, between 8 and 9 o'clock—I went home with him after leaving the Cross Lances, and slept with him on that Saturday night, at his mother's—I remained with him on the Sunday—I recollect that day, because it was the day before Guy Fawkes day—I slept with him on the Sunday night, and left on the Monday, I think—we went to Hampton-court on the Sunday—I dined with him and my brother on the Sunday, and in the afternoon we went to Hampton-court, to an uncle of mine, where we had tea—we returned about half past 11 o'clock—we left Hampton-court about 7, 8, or 9 o'clock, and called at Teddington on our way home, to see another uncle of mine, who kept the King's Head there—I know perfectly well what Sunday I am speaking of; it was on 5th Nov.—no, I have made a mistake, I was to have gone on the 5th, and I went on the following Sunday, the 12th, or rather Saturday, 11th—I wish to correct myself—I wrote to Mr. Hague, saying I would come down on Saturday, 4th Nov., but from some circumstance or other which I do not now recollect, I was prevented, and I wrote to him to say I would come down on the following Saturday; that was the 11th—it was on the 12th that I went to Hampton-court with him—when I said it was the day before Guy Fawkes day, it was said inadvertently—I was with Hague the whole of Sunday, the 12th—I returned home with him, and slept with him—I left him on the Monday or Tuesday, I will not be certain which.

Cross-examined. Q. Then you never left him at all till then I A. Not at all from the time we left Hampton-court, till the Monday or Tuesday morning—my brother was with us at Hampton-court—I did not go to the Sessions—I happened to hear them conversing one day upon different dates, and I recognised the time immediately as having been down there—what made me recollect the circumstance was, that the 5th Nov. came on the Sunday, and we were going to let off some fireworks.

ROBERT REYNOLDS . I am night watchman at the powder mills, Hounslow. I go on duty at 6 o'clock in the evening, and remain till 6 o'clock in the morning—I have been there ten years, but cannot swear as to that night—I walk about wherever I think proper, sometimes I am a good distance from Plaister's house, sometimes 50 or 100 yards from it at the

side—there are two saw pits, one is about 80 yards from Plaister's house, and the other is a good step further—the saw milk are more on the left, about 50 yards from Plaister's house—between the saw mills and his house there is a fence and a shed—the mill has not got a saw pit, there is a bench about three feet high, which they saw upon—persons could come to Plaister's house at half past 10 o'clock without my seeing them, I am mostly about there, but not always.

COURT to WILLIAM HENRY PLAISTER. Q. You have been married three times? A. Yes—in Nov. my family consisted of two daughters, two sons, and Clifford.

GUILTY .—Received a good character.—Recommended to Mercy by the Jury.— Confined Twelve Months.

NEW COURT.—Monday, June 16th, 1856.

PRESENT—Mr. Ald. FINNIS; Mr. Ald. CARTER; Mr. Ald. LAWBENCE; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Fifth Jury.

Reference Number: t18560616-567

567. WILLIAM AUGUSTUS FITZWILLIAM , stealing 1 coat, and other goods, value 18s.; of Henry Crutchlow: having been before convicted: also, cutting and wounding Richard Walpole Martin on the hand, to prevent his lawful apprehension: to both which he

PLEADED GUILTY .** Aged 23.— Four Years Penal Servitude.

Reference Number: t18560616-568

568. HENRY EDWARDS , breaking and entering the warehouse of Jacob Rotter, and stealing 669 girdles, and other goods, value 64l. his property.—2nd COUNT, receiving the same.

MR. RIBTON conducted the Prosecution.

JACOB ROTTER . I live in Bath row, Old Kent-road, I have premises in Ball-court, Giltspur-street—I am a manufacturer of silk tassels. On 28th March I left my warehouse at 6 o'clock—I locked the door, and put a padlock on the door—I left silk and tassels in the warehouse, all safe—I came next morning, at 9 o'clock—I found the door safely locked—I went into the warehouse, and a great quantity of silk and goods had been taken away, to the amount of 200l.—I missed writing desks and porte monnaies—I communicated with the police, but I heard nothing of the property till 14th April—on that day a person called on me from Messrs. Evans, with some silk which I identified as part of what had been stolen—it had a private mark on it which no silk in London has—he and I then went to the police, and then to Mr. Earl's, and I finally saw Mr. Legge, and in consequence of what he told me, I arranged that Mrs. Weller was to go to the prisoner with Mr. Legge, and she was to pass as his wife.

Cross-examined by MR. COOPER. Q. Did you know Mr. Evans? A. Yes, he is a wholesale manufacturer, and a respectable man, and well known—I see some trade marks on some of these rollers—some of these rollers are old—I do not know that there are job lots of silk occasionally about—I bought some of these things by auction myself—I know there are persons attending these auctions to pick up a cheap lot—Mr. Evans said he knew where the goods were, at the Blue Posts, Holborn—he told me to go with him—Mrs. Weller is the wife of Sam Weller—he was a bankrupt, and his stock was sold.

MR. RIBTON. Q. Did you put the trade mark on the property after you purchased it? A. Yes, the trade marks were plain to be seen on the ends of the reels of silk—Mr. Evans called on me on 14th April, about 9 o'clock in the morning—he asked me if I wanted to buy any silk, and he produced some—I said to him, "Will you have the goodness to go to the police station?"—he said, "Go to Mr. Earl, in Watling-street"—we went to Mr. Earl, and at last we went to the Blue Posts.

THOMAS LEGGE . I live at No. 121, St. John-street, and am a trimming manufacturer. I recollect, early in April, going to the house of the prisoner, in Holborn; Mr. Button was with me—it was between 4 and 5 o'clock—I saw the prisoner in the back parlour—Mr. Sutton introduced me to him, to buy some goods—I spoke to the prisoner about the goods that I had come to purchase, and he produced me this sample—I asked him the price and the quantity, and he furnished me with a list of the articles—this is the list: "23lbs. of twist, 116 girdles, 40 reels," etc.—I told him I would call again—I went again the next day, and he gave me a sample, I took it to Mr. Earl, in Watling-street, and he sent it to Mr. Evans—the policeman afterwards came to my house, and Mr. Hotter, and it was arranged that I should go to the prisoner's house, and Mrs. Weller should accompany me—I went, and told the prisoner that I had come respecting the goods that I had received a sample of previously—he said, "I don't know but what they are sold; I had a party here on Friday night, but I was busy"—I said, "Well, if they are, so be it"—he said, "I have not received a deposit on the goods "—I said, "Very well, if you have not sold them, I will purchase"—we made a bargain about them—the whole of the goods were not shown to me then, but I agreed to pay for the quantity mentioned in this paper 25l. I paid a deposit of 5l., and he gave me this receipt: "Received of Mr. Legge, 5l. on account of goods bought"—I and Mrs. Weller then left the house, and I made a communication to the police, who were outside at the time—I gave the sample to the police—I had made an arrangement with the prisoner to go in the afternoon to fetch the bulk of the property.

Cross-examined. Q. What are you? A. A trimming manufacturer—I know something about the value of silk—when I first went to the prisoner, a gas fitter and two or three other persons came in, and while those persons were there my transactions with the prisoner still went on—there were one or two persons in the room—this was done as open as open could be—I did not purchase the first time, because it was in the evening, and I was not certain whether it was silk or Naples cord—those persons who were there could see the things that were there—the price was talked of that first time, I think it was about 40l. or 50l.—I said I could not purchase them without I knew whether they were silk or Naples cord—I went into the back place to examine, and I brought a bit away—I and the gas fitter drank together, and the goods were exhibited—I told the prisoner I should take it, and show it to my agent—I believe that was on the first occasion—I may have told him so on both occasions—he gave me the sample on the day following—I cannot charge my memory whether there were people there on the second day that I went there—on that second interview I asked for a sample, and said it was to be examined by my agent—there was no reserve—it was given me as openly as I gave him the sovereign—I might be with him perhaps half an hour that second time—I saw the sample of the goods that second time, not the bulk—I took the sample away, arid showed it—I went again a few days afterwards, and took the sample back—that was the third

interview—the bulk of the goods was not shown me then, but I took the sample and asked the prisoner if he would invoice the goods—he said, "I am not likely to invoice another man's goods"—I said, "Well, there is an end of the matter; I shall not buy without an invoice "—he then said he would see the party—I was coming away with the sample, and he called me back asked me for the sample, and I gave it him, and he gave me my sovereign back—I went after that with Mrs. Weller on the morning of the 14th—I paid for the goods I had, and I agreed to give 25l. for the lot—I should not have liked to have given a great deal more for them, as fancy goods alter so much in price—when he showed me the tassels he asked me 5s. a dozen for them—I told him I could manufacture a portion of them at 2s. 9d.—I do not myself know the exact value of the great bulk of the property—publicans are not likely to know the price of goods, they would be more likely to ask the price that others ask them.

MR. RIBTON. Q. Here is 23lbs. of twist, at 15s. a lb.; that is under the cost price? A. The cost price is about 20s. a lb.—I do not understand the value of the girdles—I purchased the twist considerably under 20s. a lb.

WILLIAM SHAW (City policeman, 224). On 14th April I went with Mr. Legge and Mrs. Weller to the Blue Posts—after Mr. Legge had been in then some time, he came out and gave me a sample of twist and this receipt—I went again with Moss and Mollineux at 4 o'clock in the afternoon—I saw the prisoner go in with Moss and Mollineux, and I went in after them—Mollineux asked the prisoner where the rest of the goods were—the prisoner said they were not in the house—Moss asked him where they were, and he denied again that they were in the house—I believe he said they were somewhere in John-street, and if we would give him an hour he should he able to get them—Mr. Rotter, the 'prosecutor, came in, and he said to him, "The sample that you sold this morning are my goods; I give you in charge"—I asked him where the 5l. was that was paid for a deposit, and be gave it me—we proceeded to search, and in the drawers in the bedroom up stairs I found a bunch of keys—I took them, and the prisoner straggled with me, and tried to get them—I let him have them, and while I was searching another drawer I saw he was trying to get one key off the bunch, and I took them from him—on the landing, close to the bedroom door, I saw a box, or chest; I asked him for the key of that box—he said there was nothing there but linen—I tried to open it with the key that the prisoner had been trying to take off the ring—I found it opened it, and in the box I found this writing desk—when I found it the prisoner said, "I will give you anything not to take it down," or "down stairs"—we both replied "We must take it down "—he said, "For God's sake, don't take it down"—I took charge of him, and took him out.

Cross-examined. Q. When you looked into the drawers did not the prisoner say, "Don't pull the things about? A. No, there were no things in the drawer—I had the keys in my hand, and he took them from me, and went towards the centre of the room—I saw the box on the landing, it was quite visible—there were about half a dozen keys on the bunch—I believe the prisoner said he had these things from Wilson—I do not believe he said they had been left there for him to sell, I believe he said a man named Wilson left them there—he might have said he left them for him to sell, I do not recollect it—when I went into this public house there were persons coming in and going out—I was known at the Blue Posts though I was out of uniform—I went with Mrs. Weller in the morning, but I did not go into the house, I remained outside—I went in for a pint of beer—I do not recollect who served me.

MR. RIBTON. Q. Did the prisoner say where Wilson lived, or who he was? A. No, he did not say anything about him.

GEORGE FREDERICK LEONARD MOLLINEUX (City policeman, 293). I went with Moss and Shaw to the prisoner's house in Holborn—I asked the prisoner whether he had any silk—he said, "No "—I told him he had sold a lot in the morning—he said, "I have, but that is all I had"—I asked him again, and told him I should search his place—I searched the lower part, in the bar, and behind the bar I found a carpet bag—I said to the prisoner, "What is in this bag?"—he said, "Silk"—I took it, and handed it over to Moss—I found a case on the mantelpiece, I asked the prisoner what that contained—he said, "A stomach pump"—I was in a corner of the room in the act of searching, and the prisoner passed by me, and pulled out a writing desk, which he gave me—that desk has been given up to the prosecutor—from there I went to the back kitchen, and found a box directed, "Smith and Co., East India-road "—I asked the prisoner what that contained—he said, "Silk, and that is all I have got"—I found in it thirteen dozen of coloured girdles, twenty-two dozen of black woollen girdles, and other articles, and in the carpet bag there were thirty-one reels of silk, fifteen parcels of black silk twist, and other articles—Shaw and I then went up stairs, and found a chest upon the first floor landing; I found in it this writing desk.

Cross-examined. Q. You found in that case a syringe? A. Yes—the prisoner said he had this from a man of the name of Wilson—we asked him where Wilson lived, and he said he could find him at a public house in St. John-street—he said, "If you give me an hour I can produce the bulk of the property, and find the man"—he had before that said he had them of Wilson—I did not speak to him about selling some that morning—when I went into his public house the bar and rooms were all open—there is a little settle in front of the bar—the kitchen is on the left side of the bar—I think there are two parlours there.

MR. RIBTON. Q. Was it before you found the property that he wanted you to allow him to go away? A. Yes, he said if we would give him an hour he would find the man and the property—when he named Wilson to us, he mentioned a public house in St. John-street—I made inquiries at all the public houses in St. John-street, and was unable to find any person named Wilson.

JOHN MOSS (City policeman, 225). On 14th April I went with two other constables to the prisoner's—we called him out of the Castle public house—I said to him, "Mr. Edwards, I believe you sold some silk and girdles this morning for 5l."—he said, "I did"—I said, "Have you any more articles of that description at your house?"—he said, "No"—I saw, "Are you quite sure?"—he said, "I am quite sure I have not"—I said, "You had better be cautious; if you have, you had better say so"—he said, "I am quite sure"—we went to his house, the Blue Posts, and he was given into custody—he said that the bulk of the goods was there some few days ago, but they had since been taken away by a man named Wilson—I said, "Who is Wilson?"—he said, "A man who uses a public house in St. John-street; if you will give me an hour I think I could find him and the goods too"—the house was searched, and I remained with the goods.

Cross-examined. Q. Did he say he did not know where Wilson lived, but he was in the habit of frequenting a public house in St. John-street? A. Yes—at the time he said he had no more of the goods there, Mollineux was with me—the prisoner knew us both—it is usual with police officers to search houses—I did not search, the other officers did.

JACOB ROTTER re-examined. This writing desk is mine—there was another which was my property which has been given up—they are worth 5l. each—these thirteen dozen of coloured girdles, and other articles found in the chest are worth 43l. 19s. 10 1/2 d. at cost price—these articles found in the carpet bag are worth 41l. 8s., making in the whole 85l. 7s. 10 1/2 d.

Cross-examined. Q. I believe you bought these goods by auction? A. Yes—I gave 100l. for the lot—I gave about 60l. for the goods which I have recognised.

JOHN SUTTON . I am a boot maker. On 13th April, I saw the prisoner in the Anchor and Crown public house, St. John-street—he made a communication to me about some silk goods, and I introduced Mr. Legge to him—I and Mr. Legge went to the prisoner's house.

Cross-examined. Q. Did he tell you he had some silk goods left with him that he wanted to sell for a party? A. Yes; he asked me if I knew any one likely to buy; I told him yes—I and Mr. Legge went together to the Blue Posts in Holborn—I saw the prisoner on the following day in his own parlour; two other persons were in the parlour—I asked the prisoner of whom he had the goods—he said he had them from a party who was a customer of his—I saw the prisoner afterwards in Brook-street; I spoke to him about the silk, he told me that Mr. Legge had paid him 5l. deposit—I went to a public house, and they told me that the officers had been there—the prisoner said he had nothing to fear—he had it to sell for another party—I saw these silk goods exhibited in the public house all open—a policeman might have come in for a pot of beer—there were other persons who saw this silk, and one of them felt it—the prisoner has been land-lord of that house about four years—there was an auction ticket on the goods.

MR. RIBTON. Q. What time did you go to the public house? A. In the afternoon, after 4 o'clock—the silk was shown me in the parlour; I did not see the bulk, only the sample—the prisoner showed it me in the parlour—I do not know where he took it afterwards—it lay on the table in the public house about an hour.

(The prisoner received an excellent character.)

GUILTY of receiving. Aged 30.—Recommended to mercy by the Jury.— Confined Twelve Months.

Reference Number: t18560616-569

569. WALTER SCOTT DOWDING , embezzling the sums of 35l. 8s., 7l. 1s., 8l. 8s., 13l. 2s., 70l. 2s., and 79l. 16s., of the City of London and Tower Hamlets Cemetery Company, his masters.—(See Vol 43, page 778.)

MR. POLAND conducted the Prosecution.

HENRY WEBB . I am one of the Directors of the City of London and Tower Hamlets Cemetery Company. The prisoner had been our secretary about seven years; his salary was 1001. a year, a house, and two per cent on the gross receipts—he was the general manager—it was his duty to keep the cash book, the ledger, and the general accounts—it was his duty to receive money on account of the Directors—it was his duty half yearly to make out a balance sheet of the affairs of the Company—at a meeting held on 31st July, this balance sheet, made up to 30th June by the prisoner, was produced and read by the prisoner—it appears there is due to the Company 1,000l. 18s. 10d.; the prisoner was directed to make out the items making up that amount—this is the paper he delivered to show the amount; amongst these, items here is 84l. 3s. 6d. due from Stepney Union, and 156l. 4s. from St. Margaret, Westminster—at that meeting a resolution was come to by the Board, it was drawn up by the prisoner, that from thenceforth

the various parochial accounts should be made out and forwarded within one week from the termination of each quarter—that was in consequence of there being so large a sum due to the Company—we had a meeting of the Directors on 30th Aug.—it was one of the usual fortnightly meetings of the Directors—on that occasion this letter (produced) was sent in from the prisoner—it is his writing—it was read, and after it was read the prisoner was called in, and he was asked to explain what this letter meant, and he stated that he had received money, on account of the Company and not accounted for it; that he had been several times in a state of intoxication, and that had been the occasion of it—he said that he had received between 300l. and 400l. that he had not accounted for—he was asked for the keys and the cash box, and that he delivered up—he was ultimately discharged—the Directors had no power to discharge him—that was done at a subsequent meeting—these receipts (produced) are signed by the prisoner—(These were for 7l. 5s.; 6l. 13s.; 8l. 8s.; and 13l. 2s., for interments from Stepney Union, making 35l. 8s.)—these were received on 30th April, and it was his duty to account for them on the next Board day, which was 10th May—it was his duty to enter them in the cash book and ledger, and at that meeting it was his duty to state that he had received them—they are not entered in the cash book, or ledger, or minute book—in the minute book the amount of the total receipts is 286l. 12s. 6d., and the particulars of the various sums are entered in the minute book; they do not include any sum from the Stepney Union—it is entered that there was cash in hand at the previous meeting, 23l. 11s. 6d.—that he had paid to the bankers 296l. 17s. 3d.; for commission 5l. 2s. 6d.; and that there was cash in hand, 8l. 4s. 3d.—this receipt (produced) is the prisoner's writing—(This was for 79l. 16s., received 6th June, of the Churchwarden of St. Margaret, Westminster)—I have the minutes of the next meeting, which was on 14th June; I do not find 79l. 16s. entered in the cash book, or ledger, or minute book—in the account of money received from the previous meeting till the meeting on the 14th of June, this sum is not entered—at that meeting the prisoner had in hand 33l. 6s. 9d.—the previous meeting had been on 31st May; during that fortnight other business had been done, he had received 142l. 14s.—the particulars constituting that sum are entered—they do not include this sum from St. Margaret, Westminster—it appeared that the prisoner had paid to the bankers 156l. 15s. 6d.; for commission 6l. 8s. 6d.; and that he had in hand 12l. 16s. 9d.; that made up 176l. 0s. 9d., being the money he had in hand, and the money received since the last meeting—the next meeting was on 28th June—it appeared that between those two meetings 129l. 15s. had been received, and the cash in hand from the previous meeting was 12l. 16s. 9d., that makes 142l. 11s. 9d.—I find that 124l. 12s. was paid in to the bankers, 7l. 2s. 6d. for commission, and that he had in hand 10l. 17s. 3d., making in all 142l. 11s. 9d.—the 129l. 15s. are the amount of the entries, and they do not show any receipt of money from St. Margaret, Westminster—(The letter was as follows: "Gentlemen, It is with feelings of the deepest grief that I shall be compelled to make disclosures of a most painful nature. I have done my utmost to avert the necessity of my so doing, but it was impossible. For the sake of my dear family, I pray God that you will condemn me with mercy.")

Cross-examined by MR. RIBTON. Q. Had he been seven years secretary? A. Yes—when he first came, the money that passed through his hands was not much—for the last few years I suppose 2,000l. or 3000l. passed through his hands in the course of a year—we did not find any fault with him,

except that he was careless—I cannot say whether the sums on 30th April were paid by cheques—the receipts are the prisoner's writing—I have, the banker's book here—I see that on that day 38l. 16s. 9d. was paid in—when he received money it was his duty to account as soon as the Board day occurred, and there was a Board day every fortnight; on the second Thursday in the month, and on the last Thursday—if he received moneys on the Friday he would pay them into the bank, and account for them the next Board day—he should from time to time enter in the cash book what he received before the Board day—I am afraid his habit was not to enter till he went to pass the account—what he received generally was contained in books of charges of fees—he does not go to collect money except in parishes where he might call—he should enter the money at once in the cash book—he lived at the office—at the meetings of the Directors he had to account for the money he received during the fortnight—I apprehend he himself, went to the banker's with the money; we are not present to witness it—if he paid in ten cheques amounting to 70l., it would be entered short, no doubt—this minute book is his writing—it is copied from a sheet of foolscap paper—these entries are taken from the book of charges and fees—when he receives money he fills up a page of the book—one duplicate is given to the customer, and one is left with the Company—he is present when the Directors are examining it—he comes to the meeting with these details on a rough sheet, which he has prepared from the various books in the office.

Q. Do you know that he has ever debited himself with money that bag not been paid to him? A. I am not aware of it—there were some petty accounts which he said he had paid which he ought to have received a warrant from the Directors to pay—they were a number of small items, and there was a difference of opinion whether they were ours or not—it did not appear on the face of it—he stated that a sum of 100l. was debited to him which had not been paid, and that there was 100l. due to him; the date of it was 10th May; but inquiries were made, and it had not been paid to him—the disbursements that he said he had made were about 20l.—that was subsequent to his sending this letter—since the delivery of this letter the books have been in my possession—he wrote this letter on 13th Aug.—we had not suspected him of any irregularities before that—he had appeared careless and inattentive—there was no person to receive money but the prisoner—he was the only clerk in the office—I am not aware that it hat frequently happened that be has received money, and not accounted and paid it in till the second Board meeting after he received it—I will swear that I do not know it—he stated that lately he has been given to take a little more drink than he should do—we had security with him.

MR. POLAND. Q. You have the minutes here of 10th May? A. Yes—here I find, "Cash, 100l., from St Margaret's, Westminster"—after this letter was written, we ascertained that on 29th Nov. he was paid, on behalf of St. Margaret's, Westminster, 124l. 8s.—here is his receipt for it in his own writing, and it is not entered in the cash book, or ledger, or the minutes, in any way—on 16th Feb., 1835, here is his receipt for 52l. 8s.—neither of these are entered in the cash book, or ledger, or the minutes; so that 100l. could only be in discharge of these two sums—he always had 20l. or 30l. in hand.

WILLIAM BLAKEWAY BATHURST . I am clerk of the Board of Guardians of the Stepney Union. On 30th April I paid the prisoner moneys for interment fees—I paid him a cheque for 35l. 80s.; a cheque for 7l. 1s.; a cheque for 8l. 8s.; and a cheque for 13l. 2s.; and 6l. 13s. in cash—they were not

crossed cheques when he received them—he gave me these receipts for them—I did not on 30th June owe him 84£; certainly not—there was a trifling amount due after 30th April, a few pounds.

EDWARD SPOONER . I am clerk to the Board of Guardians of St. Margaret's, Westminster. On 6th June I was present when the treasurer paid the prisoner 79l. 16s.—this is the prisoner's receipt for it—on 10th May there was not 100l. paid to him—on 29th Nov. we paid him 124l. 8s.

JUDAH GREATOREX . I am clerk to Messrs. Hankeys, the bankers. The Cemetery Company bank with us—on 5th May some cheques were paid in, as appears on referring to our books—one was 7l. 1s.; one was 35l. 8s.; one 13l. 2s.; one 8l. 8s.; another 34l. 11s. 6d.; and cash, 1l. 9s. 6d.—there was paid into the bank, from 26th April till 10th May, 296l. 17s. 3d.; that includes those cheques—from 31st May to 13th June there was paid in 156l. 15s. 6d.—from that date up to 27th June, 251l. 0s. 6d. was paid in from 14th June to 27th there was paid in 124l. 12s.—I have not the book here that would ascertain whether that included a cheque for 79l. 16s.—any money paid in would be included in that 124l. 12s.

GUILTY . Aged 40.— Confined Twelve Months.

OLD COURT.—Tuesday, June 17th, 1856.

PRESENT—Sir JOHN MUSGROVE, Bart, Ald.; Mr. RECORDER; and Mr. Ald. FINNIS.

Before Mr. Recorder and the Second Jury.

Reference Number: t18560616-570

570. THOMAS WHITRIDGE , feloniously uttering a forged request for the delivery of goods; with intent to defraud Thomas Mills: to which he

PLEADED GUILTY . Aged 22.— Confined Three Days.

(The prosecutor engaged to take him at once on board his ship.)

Reference Number: t18560616-571

571. THOMAS HENRY BEALE and WILLIAM ANDERSON , burglariously breaking and entering the dwelling house of Solomon Chalk, and stealing 1 coat, 1 hat, and other goods, his property: to which

BEALE PLEADED GUILTY . Aged 25.

ANDERSON PLEADED GUILTY Aged 21.

Five Years Penal Servitude.

Reference Number: t18560616-572

572. HENRY BAKER , stealing 30 locks, value 3l.; the goods of Jeremiah Evans and another, his masters: to which he

PLEADED GUILTY . Aged 24.— Confined Six Months.

Reference Number: t18560616-573

573. JAMES DWYER , feloniously forging and uttering an acquaintance and receipt for the sum of 1l. 11s. 8d.; with intent to defraud: to which he

PLEADED GUILTY . Aged 24.—Recommended to mercy.— Judgment Respited.

(See case of B. Doyle, New Court, Wednesday.)

Reference Number: t18560616-574

574. BENJAMIN POULTON , stealing 1 watch, value 15l. 1 locket, and 1 guard, value 1l.; the goods of Louisa Ann Station, in her dwelling house.

MR. COOPER conducted the Prosecution.

LOUISA ANN STANTON . I am a widow, and keep the Plough public house, in Fore-street, Cripplegate. I had known the prisoner for about a fortnight before this happened, by frequenting my house on two or three occasions—on Tuesday morning, 13th May, he was there, in the billiard

room, on the first floor—I saw him at 11 o'clock—it is a public billiard room—Ballard, the marker, was in the room at the time—the prisoner left about 10 minutes past 12 o'clock at noon—that same afternoon I missed my gold watch, with a gold locket and hair guard attached to it, from my dressing room table in my bedroom on the second floor—you can get from the billiard room to my bedroom by going up the second flight of stairs, you would then get to it at once—I had seen my watch safe at 5 minutes to 11 o'clock that morning—on leaving my bedroom then, I left my door open—on missing my watch I sent for Bull, the officer—I did not see the prisoner again until Thursday, 15th May; he then came to my house, between 12 and 1 o'clock, with a young man whom I did not know—upon seeing the prisoner, I asked him to give me back my watch which he had stolen—that was the first thing I said to him.

MR. DOYLE. Q. Did not you ask him if he had taken it? A. I did—he denied it at first—I then said, it would be better for him to tell—I said, if he told me where I could find it, I would try and get him off—I did not say I would not prosecute him, I said I would try what I could do, and see if I could not get him off—(The RECORDER was of opinion, that, after this evidence, no statement by the prisoner could be received.)

MR. COOPER. Q. I believe you locked the prisoner up in a room, and went to a person of the name of Jones? A. I did—I did not find the watch at Jones's—Jones keeps an optician's shop, I believe.

Cross-examined by MR. DOYLE. Q. I believe the prisoner remained voluntarily in your bedroom? A. He did; not in my bedroom, but in the sitting room adjoining—I gave him his dinner while he was there—I know his family to be highly respectable, otherwise I should not have treated him so leniently—I do not know whether he had just returned from sea—I believe he had borne a good character, I have heard so.

JOHN THOMPSON BALLARD . I live at the Plough Tavern, Fore-street—I rent the billiard room at the prosecutrix's house. On Tuesday morning, 13th May, about 10 o'clock, the prisoner came into the billiard room—I believe the maid servant was in the room when he came in, no one else—her name is Mary—I do not know how long he remained, it might be an hour, or over—whilst he was there, nobody else came into the billiard room, to my knowledge—I did not see him go away.

Cross-examined. Q. Do you know at what time this watch was missed? A. I think it was in the afternoon, between 3 and 4 o'clock, Mrs. Stanton came to me, and said she had lost her watch—I did not see the prisoner leave—I do not know whether any person passed up or down stairs by the billiard room whilst he was there—I did not see him go up.

SAMUEL JONES . I am an optician and jeweller, and live at No. 12, Crosby-row, Walworth-road—I know the prisoner by seeing him pass by, nothing more. On 13th May last he came to my shop, and brought a gold watch, and offered it to me for sale—there was nothing attached to it—this is the watch (produced)—I asked him if it was his own—he said no, it did not belong to him, but to a young man in the city—I asked him what the young man wanted to sell it for—he said, because he wanted money—he asked 4l. for it—I gave him three guineas—I remember Mrs. Stanton coming to my shop about 6 o'clock on the Thursday evening, two days afterwards—before she came, I had sold the watch to a gentleman—I do not know his name—I sold it in my shop over the counter.

Cross-examined. Q. Were you examined before the Magistrate? A. Yes, I was not examined on oath—I am sorry to say I was in custody—I was

charged with receiving this watch—I am an optician and jeweller—I am not a watch maker—I have carried on business in the Walworth-road for about seven years, and there has never been any complaint against me—I have not been in business before that—I have never been in trouble—I swear that—I know the value of this watch—I have been informed that it is worth about 6l. or 7l., and it was stated to be worth 30l. in the papers against me—it would be worth 6l. or 7l. in the trade, it would be worth something more to a purchaser—I sold it to a gentleman—I do not know that gentleman, not by name, I know him by sight—I got 3l. 10s. for it—that I swear—I sold it for 3l. 10s., to a gentleman I do not know.

Q. How did it get back to the prosecutrix? A. The gentleman seeing the account in the newspapers, and knowing me, brought back the watch to me, and said, "Mr. Jones, I have seen the account of this watch in the newspapers, and, not wishing you to get into trouble, you return me the money I gave you for it, and there is the watch"—that is the truth—the gentleman came on a Saturday night—he gave me no address, I know nothing more—he came into my shop on Saturday night, just as I was busy with two or three customers, and gave me the watch, and said he had seen the account in the newspapers, and, not wishing to get me into trouble, he would give up the watch if I would return him the money, which I did

Q. You did not think it worth while to ask him his name or address, so that he might be a witness for you? A. Well, I never had been used to these cases before—I do not know who the man is—I pledge myself to that.

Q. How long were you in custody before the watch was returned to the prosecutrix? A. The watch was returned when I was out of custody—I was out on bail to get the watch back again—it was given up at the police court, Guildhall; I brought it in the first instance; as soon as I received the watch, I took it to the prosecutrix—it was given up to her in the police court—I offered myself as a witness immediately—the Alderman refused to allow me to be sworn—I could not offer myself as a witness, because I was given into custody for receiving the watch, well knowing it was stolen—I certainly can swear that I did not know it was stolen—I did not know it was stolen at the time the prisoner brought it to me—I did not ask him, when he brought it, whether it was square, or whether it was got on the cross; nothing of the kind, I asked no such question—I said nothing about its being regular, or on the cross, nor anything to that effect—I did not say that I wanted to know whether I could hang it in my window, or whether I should keep it quiet; I never said anything of the kind to him—I swear that—I did not say to the prisoner that he ought to have told me in the first instance that it was stolen; he represented to me that It belonged to a young man in the City, and that he gave it him to sell because he wanted the money, and that was on Whit Tuesday, and I considered it very feasible.

JOHN MARK BULL (City policeman, 151). In consequence of information I received on Thursday evening, 15th May, I went to Jones's house—I found Mrs. Stanton there—Jones was given into custody—I then came back to the Plough Tavern, and the prisoner was given into my custody—I received the watch from Mr. Solomons, the professional adviser of Jones; he delivered it to me by the order of Mr. Martin, the chief clerk to the Magistrates, on 30th May, at the police court, at the last examination—Jones was out on bail at the time—he was under charge—I have made a mistake, it was on 2nd June.

LOUISA ANN STANTON re-examined. This is my watch, and the one that

was in my bedroom that morning—it cost twenty-one guineas for workmanship, it was made by a working man, M'Cabe's escapement maker; it was the first watch he ever made, and the wages of it was twenty-one guineas—it is a gold watch—I have had it fourteen years.

COURT to SAMUEL JONES. Q. When did you receive the watch back from the gentleman? A. On Saturday night; not the following Saturday, but the Saturday week—I was out on bail on the Monday evening, the gentleman did not read the account in the papers until the latter end of the week, in the Wednesday's paper, I believe, and he brought it me back on the Saturday night, and I immediately took it to Mrs. Stanton.

MR. DOYLE. Q. Between the time of the first examination and the second, did not you go to Mrs. Stanton, and offer to return the watch on getting three guineas? A. No, I beg your pardon there.

COURT. Q. Did not you offer to give up the watch for three guineas? A. I did not see Mrs. Stanton at all from the Monday when I was out on bail, till the following Sunday—I never applied to her and said I would give the watch back if she would give me the three guineas—I never applied to any one on her behalf; the prisoner's father called on me once or twice, and wished me to get it back, I told him I would do all I could to get the watch back again—it was more than the 24th when I got it back.

JOHN MARK BULL re-examined. I have made another mistake, it was on Monday, 26th May, that it was given up—I instructed Mrs. Stanton not to receive it.

LOUISA ANN STANTON re-examined. I first missed the watch on the Tuesday, between 5 and 6 o'clock—I wish to state that Jones has told a falsehood, he did offer it to me for three guineas.

NOT GUILTY .

(The witness Samuel Jones was committed.)

Reference Number: t18560616-575

575. JAMES SEARLE , stealing 100 printed books; the goods of Richard Morgan Remnant and others, his masters.

MR. METCALFE conducted the Prosecution.

RICHARD MORGAN REMNANT . I am a partner in the firm of Edmonds and Remnant, bookbinders, Lovell's-court, Paternoster-row. The prisoner was in our service about eight or nine years, about seven years as porter, and the last two years as carman—we have stables in the Oxford Arms-passage, Warwick-lace—in consequence of some communication from Mr. Ford, I went to the loft over those stables about 2 o'clock on the 9th May—the prisoner was not there—I there found eleven books in a rabbit hutch—I have the list of them here, they were valuable books—among them were two volumes of "Knapp's Chemistry," bound by us for Mr. Bailliere, of Regent-street—that is rather an expensive book—the value of the whole eleven books I should imagine to be 3l. or 4l., the cost of the binding would only be 5s. or 6s.—nine of them were bound by us—all the books bound by us ought to have been delivered to the respective publishers—it was the prisoner's duty to have done so—after finding the books I got the assistance of a policeman—I went with him into Mr. Ford's house, opposite the stable—after remaining there some time the prisoner came to the stable, and I saw him come out again with two books in his hand—this was about 3 o'clock—the policeman followed him, and took him into custody in my presence—the books he had in his hand were these two volumes of "Knapp's Chemistry," which I had seen previously in the loft—another book, "The Words of Jesus," was taken from his pocket—that was published in 1855—

I do not know when that was bound—the prisoner lives in Gray's Inn-road—I went with the policeman to his lodging, and saw about 100 volumes there, worth about 30l.—I could not say how many of those volumes were bound by us, I should think about half; some of them recently—it would have been the prisoner's duty to deliver the books bound by us, to the respective publishers—I cannot state how he might have got the others which were not bound by us.

Cross-examined by MR. GIFFARD. Q. None of these books are yours? A. No, we bind them for the publishers, and send them to the publishers—it was the prisoners duty to take them to the publishers as soon as they were bound; that is, assuming they were delivered to him to take—because these were bound by us, I assume that they were delivered to him, and that he did not deliver them to the publishers—the course of business is for the publishers to deliver to us so many books, and we bind and return them—we have to return the same number that we receive—I cannot give you any idea how many of these we had to bind, because they are constantly coming—we bind all this set—we bind them in fifties, and have done so over a series of years—we had no property in the hundred volumes found at the prisoner's lodging—they may have been his own for aught I know; the policeman said it was necessary to take them, and he did so—I do not see anything in these books to show they had not been returned to the publishers—if I had found them in the publishers' shop instead of the loft, of course I should have thought they had been returned—it is possible that the prisoner might have purchased them, but not very probable, I think—there is no mark by which I know them—I do not know that the prisoner was very fond of reading, and that he was a teacher in a Sunday school; I know nothing of the man, except that he has been nine years in my service, and acquitted himself properly during that time—I do not think it could be ascertained by inquiry among the publishers and comparing the delivery invoices with the number received, whether any number had fallen short—I tried it in one or two instances, and could not find it out, and it would have taken me a very considerable time to have arrived at it.

MR. METCALFE. Q. Do you put a label in the books which you bind? A. I do, a small printed label stuck in one corner; it is not always done, but it is the rule; when it is not done, it is an omission—there is no mark of any such label having been there—I think I found my label in some of those found in the loft—I should not like to swear it, I cannot recollect—here is one that has my label in it—there is no appearance of the removal of any label from any of the eleven books found in the loft.

WILLIAM JAMES BAILEY (City policeman, 271). On 9th May I accompanied Mr. Remnant to the stables, and afterwards to Mr. Ford's, where we waited till we saw the prisoner come out of the stables—I followed him, and took him into custody—I found on him these two volumes of "Knapp's Chemistry," and another book in his pocket—after taking him into custody, I asked him where he was going to take these two books to—he said to his master's warehouse—he gave his correct address, No. 1, Calthorpe-place, Gray's Inn-road—I went there, and found upwards of 100 volumes of books—I afterwards showed them to Mr. Remnant—they are here—I have a list of them.

RICHARD MORGAN REMNANT re-examined. Between sixty and seventy of these books were bound by us—the book found in his pocket I know nothing of—some of the sixty volumes are odd volumes, and some in sets—they are chiefly odd volumes.

ANN FORD . I am the wife of William Ford, and live opposite Mr. Remnant's stables. I know the prisoner by sight—I have seen him at the stables from time to time—I have seen him in the loft with several books, I cannot gay when—about Christmas time I noticed him with two books, and it was that which drew my attention to him—they appeared handsome books, in maroon covers—I saw him very particular with one book, he put it down, took up another, turned it over and over, scraped it with his nail, and blew it (describing the motion)—it was the inside of the book that he was scraping or rubbing.

AUGUSTUS HENRY HUGHES . I am in the employ of Mr. Bailliere, of Regent-street. He is the publisher of the library of illustrated scientific works, comprising among other books "Knapp's Chemistry"—that work is bound for us by Edmonds and Remnant—they bind all our books of that work—they fetch them in quires, and return them when bound—they are bound in cloth, what we call boards—I have seen the prisoner frequently at Mr. Baillieres coming and fetching books to bind, and bringing them back—it would be difficult to say whether all the volumes of any particular book have been returned, because there has not been a system of check—this book was never sold to the prisoner—36s. is the price of it.

Cross-examined. Q. How many of those books have you sold? A. It is impossible to say—they are never sent home altogether, only in part—the volumes are all sold separately.

RICHARD MORGAN REMNANT re-examined. The loft is used for keeping hay and straw—it was not his duty to take books there—we supposed that he used the loft for the horses' food, nothing further—he was sent out with the books in a cart, and it was his duty to take the books direct to the publishers—the cart was loaded at the door in Paternoster-row, not at the stable—he never loaded at the stable—I have never heard that he has been in the habit of buying books of the publishers.

GUILTY . Aged 32.—Strongly recommended to mercy by the Jury and Prosecutor.— Confined Twelve Months.

Reference Number: t18560616-576

576. HENRY WILLIAM ATKINS , stealing, on 10th May, 1l., and on 16th May, 1l.; the moneys of William Kent and others, his masters; also, embezzling 6 other sums amounting to 7l., the moneys of his said masters: to all which he

PLEADED GUILTY . Aged 32.— Confined Eighteen Months.

Reference Number: t18560616-577

577. JAMES WARD and HENRY WILLIAMS , stealing 150lbs. weight of brass; the goods of Ralph Price and others, on a wharf on the Thames.

MR. GIFFARD conducted the Prosecution.

JOHN ASHLEY LONG . I am a waterman, of No. 9, Brook-street, Ratcliffe. On Saturday, 10th May, between 11 and 12 o'clock, I was on the watch on Ratcliffe Cross-stairs, and saw a boat come up with four people in it, each of whom had something bulky under their arms, wrapped up in something like a handkerchief—the prisoners are two of them—they came out of the boat, and up the causeway, past me—there was nobody there but myself—two people were standing on the top of the stairs with a truck; the four men put what they had into the truck, and went away up Butcher-row, towards Broad-street—I did not notice whether the whole six went away, because I had a fare, a gentleman to take over the water—in about an hour the two prisoners came back again—I plied them, and they said that they did not want a boat; they had got one there.

Cross-examined by MR. RIBTON. Q. Was it dark? A. Yes—I was as near to them as to this desk when they passed me; that was the nearest—they said nothing to me, nor I to them—I only saw their side faces the first time, but the second time I saw their side faces and their full faces—the truck was three or four yards from where I was standing—I am ferryman—if they had never come back, and I had seen them next day in the street, I perhaps might have identified them—on the second occasion, when they came back, I was close to them—I merely asked them whether they wanted a boat, and the answer came from both of them—they addressed me in rather a contemptuous style, as Old Cockey—a great many people call me by that name, and perhaps you might—I think I have ferried you over.

MR. GIFFARD. Q. Was Appleby with you that night? A. Yes, he was with me the first time.

JOHN WILLIAM APPLEBY . I remember being with the last witness on the night of 10th May—I was there when the four men came in the boat, but I was asleep—when the two prisoners came later in the evening I was awake; I saw them coming from the land—Long had pointed a boat out to me before they came up, and I took the sculls and the hook off the shore, and put them behind the watch boat for safety—they came down to the boat's head, and Long sent me down to ask if they wanted a boat—they told me no, and that that was their boat—one said, with an oath, "The sculls are gone"—the other said, "So help me C—, the hook is gone!"—I told them that I had put them behind the watch boat for safety—Long then called the police galley, and gave information—when the prisoners saw the police coming they said that it was not their boat, and that they wanted a boat to go over the water—the police stepped out of their boat, and said, "Going over the water! what are you going over the water for?"—they said, "Why, we live over there"—Long said, "I thought you said that you did not want a boat just now"—they said, "We said we wanted a boat all along"—I saw a piece of brass bearing of an engine found in the boat which the prisoners had claimed, under the step board—Long was there at that time.

Cross-examined. Q. Were there more boats there? A. Yes, three—they were about thirty yards apart; there was room for two boats to go between them in width, not more—there was the skiff in which the brass was found, Long's boat, and the police boat—that ferry is a great thoroughfare; there is a great deal of traffic night and day—one of the men said, "We have got a boat here"—they were about ten yards from the boat, coming down the causeway, when they said that—I saw them go into the boat in which the piece of brass was found.

SAMUEL ARIEL . I am a colourer, in the service of Price and Co., oil merchants, of Mill wall, Poplar. I go every Sunday morning to look after the mill—on Sunday morning, 11th May, between 9 and 10 o'clock, I went into a boat house on the wharf, and saw six pieces of brass on the wharf; I took them into the stoke hole—Thomas came and took possession of them—he is the store keeper.

ROBERT JOHN MAJOR (Thames policeman, 36). On Saturday night, 10th May, about 20 minutes past 12 o'clock, I took the two prisoners at Ratcliffe-stairs—I found this piece of brass (produced) in a boat, which was pointed out to me, with the name of "Nash" on it—going to the station, Williams said to Ward, "We had better stopped with that Poll;" and he also said that they had come out of the Old Rose public house—I said, "Where is that?"—he said, "Oh, you know where it is; it is up by the

London Docks"—one of them said that they had been at the Row all the evening—next morning, Sunday, 11th, I went to Messrs. Price's premises, and found the window of the store room broken open, and footmarks in the gutter leading to the window of the store room—the gutter is on the roof of a lower building—I saw the inspector compare one of Ward's boots (produced) with the mark in the gutter; it corresponded exactly with the nails, and with the part where there are no nails—there was also some chalk on the bottom of one of the boots, and I saw some chalk on the head board of the boat in which we found the brass—this (produced) is the head board; it is in the same state in which we found it—there is chalk on the wharf close to the water side—there is pitch on Messrs. Price's premises, on the ground leading to the staircase, here and there: a quantity of pitch had been landed there, and I found pitch on the head board of the boat.

Cross-examined. Q. Did you compare the footmarks? A. No—these art not ordinary waterman's boots, they are Bluchers—they are worn by all labouring men, but not by boatmen—the nails seem to me regular, but I think one is wanting—the tip of the heel is a little worn—the impression was in mud in the gutter, but it had dried, it was good—I compared it on Sunday morning—when I first saw it I threw a bag over it, so that the wet should not get at it if it rained—I did not put the boot down into the print, nor did inspector Brydges; he made two other impressions, and compared them with the other—I did not count the nails—that was between 6 and 7 o'clock in the evening—there had been no rain up to that time—I have on Wellington boots, without nails—the Old Rose public house is on this aide of the river.

MR. GIFFARD. Q. Did you search Williams? A. Yes, and found on him 1l. 3s. 6d., and on Ward, 16s. 2 1/2 d.

HENRY THOMAS . I am store keeper in the service of Messrs. Price and Co. There is a store warehouse where the brass and old materials are kept—we had some brass safe there on Saturday morning, 10th May, at 8 o'clock; everything was secure at that time, and I locked the door after me—I went to open the premises about half past 6 o'clock on Sunday morning; and near 10 o'clock I found a great quantity of brass on the wharf—in consequence of what Ariel told me I went into store room, and missed about a cwt and a half—this brass (produced) has never been used on the premises, it has been knocked out of fittings which have been bought as on brass—I should have noticed if it had been taken away on Saturday—I left the premises about 10 minutes past 9 o'clock at night—if I do not see the watchman when I leave, I secure the strong lock which is on the gate, and go away—he came that night before I went away, and I paid him his money—I have known Ward since he was a child; he has occasionally been employed on the premises carrying out wood and coals—a dog is kept on the premises chained up.

Cross-examined. Q. You have always known Ward to be a respectable man? A. I never knew anything amiss of him in my life—forty or fifty men are employed there, but not regularly, a great many of them are nows and thens—forty men a day is the average number—sixty or seventy pounds has been given back, that was all that was found on the wharf.

COURT. Q. Was the brass not merely moved but taken away? A. It had been brought from the wharf and put into the stoke hole; I had seen it on Saturday in the store room—there is pretty well one cwt missing.

COURT to SAMUEL ARIEL. Q. Which is the brass you found in the

boat? A. These six pieces; I can tell the part of the machinery to which it belongs.

ZACHARIAH NASH . I am a lighterman, and live at No. 57, Alfred-street, Mill wall On Saturday night, 10th May, about half past 6 o'clock, I tied up my boat at the stairs, within 500 feet of Messrs. Price's premises, and more than a mile from Ratcliff-Cross Stairs—there was no chalk mark on it then, or any old brass in it—I did not see it again till Monday morning, when I found it at Wapping, in charge of the police—my name is painted on it.

Cross-examined. Q. Have you lost your boat before? A. Yes, twice—it is a very common thing, people take them to go across the ferry—I have found my boat twice at Woolwich.

RICHARD TROTT (Thames policeman, 40). On Saturday night, 10th May, I watched Nash's boat, at Ratcliff-cross Stairs, and saw the two prisoners come down to it—they used some expression, and said that the sculls were gone.

Cross-examined. Q. Can you tell me how many boats there were? A. The waterman's boat was on the upper side of Nash's boat, and our boat was on the upper side of that; there were four boats altogether with ours, the police boat—I said, "Is this boat yours?"—the prisoners said, "This is not our boat, we rowed in it to the Stone-stairs "—they both spoke together—Stone-stairs are the stairs above Ratcliff-cross—it was rather dark—they were not intoxicated at all, I could see how they walked—a man may drink a good deal without staggering.

THOMAS BRIDGES (Thames police inspector). On Sunday evening, 11th May, I took off Ward's shoes, took them to Messrs. Price's, and made with the left shoe another impression by the one in the gutter, and there could be no mistake about their corresponding—I counted the nails, but could not count the impressions of them, as there was an accumulation of soot nearly an inch deep, which made a sort of furrow—the nails in the middle of the soles are in an oblique direction, and they corresponded—persons may get from the river side over the wharf, and through some gates over a low roof, and by climbing, which I did, up the side of a wall by the engine house—there is a slanting roof from there to the metal house, where an accumulation of soot would run down with the rain—I endeavoured to bring the impression away out of the gutter, but it would not hold together—that gutter leads to the window which was found open.

Cross-examined. Q. You were not able to count the nails in the soot? A. Not the whole of them; I was so satisfied with the impression I saw, from the peculiar manner in which the shoe was nailed, that I did not count them—I have never seen boots nailed in this way before.

SHEARLAND. I am the night watchman employed by Price and Co. I go my rounds from 9 o'clock at night, to 6 o'clock in the morning—I have to leave the premises half an hour before I come round again—I am employed by other neighbours, and go a regular round—I have seen Ward, and know him by his being on the wharf—on Saturday night, 10th May, I saw him with five or six others in the Anchor and Hope public house, when I went in for my money, the same as the others; that might be about 6 o'clock—the Anchor and Hope is about 100 yards from Messrs. Price's.

WILLIAM PALMER . I am a labourer. On Saturday night, between 6 and 7 o'clock, I went to Mr. Sunderland, at the Hope and Anchor—I had been at work for him for five days, and went after my money; he was very busy, and could not pay me, and I heard Ward and another young

fellow, not Williams, talking—I heard Ward say that Price's dog was no use, and I said I should be very loath to go on the premises in the day time if the dog was loose, for he flew at me.

Cross-examined. Q. How many persons might there be talking together at this time? A. There might be five or six—I had only had two pints of beer that day—this conversation was in the tap room, I did not hear it all, I am rather hard of hearing—I heard about the dog, and gave him that answer—I was close to him—I am sure he mentioned Price's dog.

CHARLOTTE PRICE . I am servant at the Waterman's Arms public house, Millwall; that is dose to Messrs. Price's premises. On Saturday night, 10th May, between 9 and 10 o'clock, I saw Ward and another person, not Williams—they were going towards Messrs. Price's place—I heard one say to the other, "Make haste, or we shall be too late."

Cross-examined. Q. How many were there together? A. Two—they had been at the Waterman's Arms in the course of the day—that is about sixty or seventy yards from Messrs. Price's.

ROBERT JOHN MAJOR re-examined. I yesterday fitted this piece of brass, found in the boat, to a part of the machinery at Messrs. Price's premises—I have the piece here into which it fits—the witness Thomas took it from a part of the machinery in my presence.

HENRY THOMAS re-examined. This is a regular fit, it ought not to be flush at the top, there is a space left for the oil to go through—here is a new one, which fits just in the same way.

(Ward received a good character.)

WARD— GUILTY . Aged 19.—Strongly recommended to mercy on account of his previous good character.— Confined Fifteen Months.

WILLIAMS— NOT GUILTY .

NEW COURT.—Tuesday, June 17th, 1856.

PRESENT—Mr. Ald. CARTER; Mr. Ald. LAWRENCE; and MR. COMMON SERJEANT.

Before Mr. Common Serjeant and the Sixth Jury.

Reference Number: t18560616-578

578. JOHN MARNEY and MARY MARNEY were indicted for feloniously making counterfeit coin.

MESSRS. ELLIS and BODKIN conducted the Prosecution.

JAMES PANNELL (policeman, N 54). In consequence of information, I went on Thursday, 15th May, to No. 25, Gunstone-street, Kingsland-road, about 3 o'clock in the afternoon—the street door was open, I went up stairs to the first floor front room—the door was locked, we forced it open—I saw the two prisoners and Eliza Pitt—I had known the man before by the name of John Perkins—when we got into the room, the man took a mould which was on the table, threw it on the floor and stamped upon it—I have a part of it here—the female prisoner was standing at the table—the man threw a half crown and a florin into the fire place—there was a very fierce fire burning, and a ladle on it with melted metal in it—I noticed that a half crown which this man threw, went into the ladle and was melted—I got a florin—I seized the man, we struggled, and both fell on the floor—during the struggle he said, "My God! I am done this time"—I gave him in charge to M'Intyre—the woman was standing at the table on which the

mould was—I did not see her do anything—she was taken by another officer—I found in the room this jug, containing some liquid, these metal plates of a battery, these five spoons, and this bowl of a spoon, this plaster of Paris, and this wet sand in a saucer—while I was finding these things, the man said, "You need not search any farther; it is all on the table."

Cross-examined by MR. PLATT. Q. What can you see on the mould? A. Here is part of the head of a Victoria half crown, and part of a florin mould—I cannot see the date on it—in a cupboard in the room I found a pocket book, which contained two marriage certificates and two duplicates—I could see that what the male prisoner threw into the ladle was a half crown—I had not seen it before I saw him throw it—I saw it in the ladle, and I believe it was the one that he threw—I saw one half crown picked up in the fireplace.

MR. BODKIN. Q. Had you sight enough of the half crown to know that it was one? A. Yes—I found this letter (produced) in the pocket book.

SIMON LAST (policeman, N 355). I followed the last witness up stairs—when I got into the room I saw John Marney throw something into the fire—I went and found an iron ladle, with metal in it—I picked up from under the grate one half crown, one florin, and a piece of metal (produced)—this florin has a piece of metal attached to it—a woman named Pitt was in the room—she is about seventeen years of age—I took her to the station—she was discharged.

Cross-examined. Q. How many pieces were there in the fire? A. I could not exactly say—I saw something in the ladle—it seemed as if there had been something thrown in—perhaps a minute elapsed from the time I saw it thrown till I went to it.

JAMES BRANT (policeman, N 451). I went with the other officers—I saw the female prisoner there, and took her into custody—she was standing at the table, with this piece of wire in her hand—she dropped it as soon as I went in, and I took it up.

WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. This is the fragment of a mould for a half crown of the date of 1843, and this half crown has been cast in this mould—here is a fragment of a mould for a florin—this florin has been cast in this mould, and the get is attached to it—this ladle contains metal of the same kind as that used for these coins—these spoons are melted and mixed with lead and tin, to make these coins—this plaster of Paris is for making the moulds—this galvanic battery is used for plating the coins—this file is to take off the rough edge of the metal—this sand is for the purpose of scouring the pieces—this piece of wire does not appear to have been used, but it is used to attach a piece of silver to, and that precipitates the silver on the coins—this bottle contains sulphuric acid, to charge the battery with—here is everything necessary to make the coins—this jar has contained solution—here is some of it at the bottom.

Cross-examined. Q. In what state are the coins? A. In an unfinished state—the date on the half crown is 1843, and the date on the florin 1853. (One of the marriage certificates being read, certified the marriage, on 19th Aug., 1850, of John, Marney to Mary Hamilton Davis, at Stepney Church.)

JAMES BRANNAN (police inspector, G). I knew a man named John Marney—I believe he was the husband of the female prisoner—I knew them living together—I believe her name was Davis before she was married—I know the male prisoner by the name of Charles Deane, and other names—on 5th April he gave his name as Charles Deane, and the female prisoner, gave

the name of Jane Deane, and said that she was not married to him—I have heard that John Marney went to America, but I could not swear it.

Cross-examined. Q. You were not present at the marriage? A. No—I will take upon me to swear that this man gave the name of Charles Deane—he has not given the name of John Marney for the last six years—the female prisoner told me on 5th April that he was not her husband—I cannot undertake to swear that this was not the man that was married to her.

MR. BODKIN. Q. This is not the John Marney whom you knew as living with her as her husband? A. No.

(The letter found in the pocket book being read, commenced, "My dear Mary" it stated that the writer was leaving England, and was signed, "Your affectionate husband, John Marney.")

EDWARD WIGGINS (policeman, H 144). I know the female prisoner—her name is Marney—I knew her husband—he kept a public house in Whitechapel-road—that was not this male prisoner—I knew Marney and this female living some time as man and wife.

Cross-examined. Q. You cannot swear that this man is not John Marney? A. This is not the John Marney that was living with her—I have known this man by the name of Perkins.

JOHN MARNEY **— GUILTY . Aged 28,— Six Years Penal Servitude.

MARY MARNEY— NOT GUILTY .

Reference Number: t18560616-579

579. FREDERICK PRICE was indicted for unlawfully uttering counterfeit coin.

MESSRS. ELLIS and BODKIN conducted the Prosecution.

ROSA JAMES . I live with my father and mother, in Westmoreland-street, Marylebone; my father is a clicker, and my mother a binder. I was staying with my aunt Jones, in Took's-court, Lincoln's-inn—on 24th April, between 9 and 10 o'clock, I was in Searle-street, going to look for my uncle—I met the prisoner—he asked me if I would go and fetch him half a quartern of rum, and he would give me a penny—he told me not to go to the first public house, but to the second—I said I would—he gave me a bottle, and a half crown—I went to the house, and they gave me the rum—I gave the half crown to the bur girl, and she gave it to her mistress—there was a potman there—the half crown was shown to him, and he broke it—he went out, and could not find a policeman at first—he went again, and found one—I staid there all the time—when the policeman came I told him about the half crown—I went into the street, and the policeman followed after me—I did not see the man that gave me the half crown again, till the policeman came to me some days afterwards—I went with him to the station at Clerkenwell—I do not know whether I saw six or eight men there—the man that gave me the half crown was amongst them, and the prisoner is the man—I pointed him out directly—no one pointed him out to me—I am quite sure he is the person.

Cross-examined by MR. PAYNE. Q. was not the prisoner taller than the other men that were there? A. Yes—the policeman asked me if I knew any man there, and I said, "Yes"—he said, "The tall man?" and I said, "Yes"—there was no other man so tall as the prisoner—I did not notice whether either of the other men had got whiskers.

ELLEN ALEXANDER . I am fourteen years old; I assist at the bar of the Duke of York public house. On 24th April the last witness came for some rum—my mistress was in the bar parlour; I was in the bar—anybody outside could see who was in the bar if the door was not dosed—I served the

last witness, and she gave me a half crown—I gave it to my mistress, and she found it was bad—she showed it to the potman, and he broke it—the potman went for a policeman, and he went out a second time—the last witness staid till the policeman came—my mistress kept the half crown in the private drawer till the policeman had it.

Cross-examined. Q. Can you write? A. A little—I did not write my name, I made a mark—I can read a little.

ELIZABETH SANDERSON . My husband keeps that public house. The last witness was attending to the bar on the night of 24th April—I was in the bar parlour—she showed me a half crown, it was bad—the potman broke it—a policeman was sent for, the little girl gave an account of how she came by it—I gave the half crown to the policeman, with two other bad ones; but this one was broken.

JAMES BUCKINGHAM (policeman, F 144). I was sent for to the Duke of York public house, in Searle's-place—I was in uniform—I went down Searle-street—I did not notice any one standing there—I received this broken half crown from the last witness—on Friday, 2nd May, in consequence of information, I fetched the witness James from her aunt's—I took her to the E station in George-street, Bloomsbury, to show her to 93 E—in consequence of what I was told there, I took her to Clerkenwell on the following Saturday—I took her to the cell where the prisoner was with several more men; I think there were a dozen—they all stood round, and she pointed out the prisoner and said, "That is the man that sent me with the bad half crown"—she did not say anything else.

Cross-examined. Q. Did you say anything? A. No—I did not say, "Do you mean the tall man?"—she pointed him out, and said, "That is the man"—this man was not taller than any others—there were two quite as tall as him in the cell—I swear this man was not the tallest.

HENRY ALFRED DYER I am barman to Frederick Russell, who keeps the Lord Raglan, in Theobald's-road. On 26th April. I saw the prisoner at a quarter before 7 o'clock in the evening—he came for half a quartern of gin—the price was 2d.; I served him—he gave me a crown—I said it was counterfeit, and took possession of it—he said he was not aware of it, he had just taken it in change, and a party who was with him tendered me a sixpence, but I did not take it—I kept the crown till I sent for a constable—the prisoner tried to escape, but I shut the door—the policeman came, and I gave him in charge—I marked the crown, and gave it to the officer—the other man was discharged.

COURT to JAMES BUCKINGHAM. Q. Did you take other persons to identify the prisoner? A. No.

MR. PAYNE. Q. Did you not take two others, tradesmen, there to identify him? A. No, I did not know they were there; but there were two who went in, and they said that this man was not the man.

JAMES CHILD (policeman, E 93). I was called to the Lord Raglan, and I saw the prisoner and another person with him—I received this crown from the last witness—I took the prisoner to the station, and as we were going the other person whom I had in custody tried to throw me down, and at the same moment the prisoner ran away, but he was caught again—there was a half sovereign and five shillings in good money found on him—he gave his address at No. 9, High-street, Marylebone—I went there, and it is a milliner's shop.

Cross-examined. Q. was not the other a man who wanted to buy some tobacco? A. Yes—I told the barman to take care of the prisoner.

WILLIAM WEBSTER . This crown is bad, and the half crown too.

MR. PAYNE called

JAMES CURLEY . I am a labourer, and live at No. 64, Orchard-street, Westminster. I know the prisoner, I was with him at the Victoria Theatre on Thursday evening, 24th April—I went about half past 6 o'clock, and staid till 12—the prisoner was not out of my sight so as to be able to go to Searle's-place between 9 and 10 o'clock—I do not think he was—I did not lose sight of him more than ten minutes—he was sitting on the seat behind me—I did not miss him more than ten minutes—he was there when it began, and he was there when it closed.

JURY. Q. Did you go out of the theatre yourself? A. No, not at all—I am not aware that he went out—I did not miss him more than ten minutes—I can say that he was not away more than ten minutes, because I turned round once in every ten minutes during the whole performance.

Cross-examined by MR. ELLIS. Q. How long have you known the prisoner? A. Twelve months—I have known him as a labourer—he laboured along with me at the barges—he lives at No. 64, Orchard-street, the same house with me—I recollect that this was on Thursday, 24th April, because on the following Saturday I heard of his being in trouble—the performance began at 7 o'clock—I went some time before, and heard it all through—"Simon the Tanner" was the second piece that was performed—I forget what was the first—the second began about half-past 8 or 9 o'clock—I swear there was not ten minutes in which I did not turn round and see the prisoner—he staid till all was over—we did not go home together, we parted at the door, and he went towards Waterloo-bridge—he bad been away from his wife some days, and he said he would keep away to make the week out.

JURY. Q. Did you go there with him? A. No, I met him at the Marsh-gate.

COURT. Q. Who do you work for? A. For Mr. Wright, of Millbank, but I have been out of work for some time—the prisoner was working with me about four months ago, loading some sand.

(The prisoner received a good character.)

GUILTY . Aged 30.— Confined Twelve Months.

Reference Number: t18560616-580

580. AGNES BLIZARD and ANN JOHNS , were indicted for a like offence.

MESSRS. ELLIS and BODKIN conducted the Prosecution.

THOMAS SIMPSON . I keep the Old Cheshire Cheese, Mount Pleasant On 6th June, about 9 o'clock in the evening, Blizard came and asked for a pint of porter, which my barmaid served—Johns came in almost immediately afterwards; she appeared to have been drinking, and Blizard persuaded her to have a bottle of soda water, and Blizard threw down a half crown which I found was bad—I bent it—Blizard said they had got it in change for a half sovereign—I said, "If you got change for a half sovereign you have got other money"—she then went to Johns, and whether she got anything from her I do not know, but Blizard then threw down a shilling, which I thought I saw her get from Johns, but I am not certain—my barmaid took the shilling, and broke it—Johns did not appear so tipsy afterwards as she did when she first came in.

Blizard. Q. Did you not hear me say I had not any money myself? A. Yes, after you threw down the half crown, and it was returned—I did not see where you got the half crown from, you said you got it in change.

MAINPRIZE BARTON (policeman, A 403). I took the prisoners into custody—I received this broken shilling from the barmaid at Mr. Simpson's—I took this half crown from Johns' hand in front of the bar.

MARY MALLETT . I searched Johns at the station—I found these five shillings in her pocket—I found no money of any kind on Blizard.

WILLIAM WEBSTER . This half crown is bad; these shillings are all bad.

Blizard's Defence. I offered the half crown, but did not know it was bad; the shilling I got from the other prisoner.

(Blizard received an excellent character.)

BLIZARD— NOT GUILTY .

JOHNS— GUILTY . Aged 22.— Confined Nine Months.

Reference Number: t18560616-581

581. HENRY SMITH was indicted for a like offence.

MESSRS. ELLIS and BODKIN conducted the Prosecution.

JOHN WHALL . I keep the Princess Tavern, Princess-street, Leicester-square. The prisoner came there on 19th May, he had half a quartern of gin; he placed down half a crown, I took it up and gave him 2s. 4d. change—he immediately rushed out of the house; I looked at the half crown, and found it was bad—I placed it on a shelf by itself—the prisoner came again about 10 o'clock, he asked Mrs. Whall for half a quartern of gin, and tendered another half crown, which she discovered was bad, and told me so—the prisoner drank his gin, and before I could get round the bar, he ran away, and did not wait for his change—my waiter followed him, and brought him back—he pulled a sixpence out of his pocket and paid for the gin—a policeman was sent for; I gave him in charge, and gave the officer the two half crowns.

EMMA WHALL . On 19th May, I was in the bar—the prisoner came in, and asked for half a quartern of gin, he gave me half a crown—I saw it was bad, I gave it to my husband—the prisoner rushed out of the bar, and my young man brought him back—I gave the half crown to my husband, he gave it to the policeman.

GEORGE THORPE (police sergeant, C 27). I took the prisoner, and got these two half crowns from Mr. Whall.

WILLIAM WEBSTER . These are both bad.

Prisoner's Defence. I had been out all day, and had been drinking a good deal.

GUILTY . Aged 38.— Confined Nine Months.

Reference Number: t18560616-582

582. WILLIAM MILLER was indicted for a like offence.

MESSRS. ELLIS and POLAND conducted the Prosecution.

MARY BAN . I am barmaid at the Green Gate, in the City-road. I was there on 19th May—the prisoner came between 8 and 9 o'clock—he asked for 2d. worth of rum, and gave me a half crown—before I took it up I perceived it was bad—I called the head waiter, and he asked the prisoner if he had any more about him of the same sort—I gave the half crown to the waiter, Forder, and the prisoner offered me a good half crown—he went away, and the waiter followed him—on Wednesday, 21st May, he came again—I served him with 2d. worth of rum, as before—he gave he a bad shilling—I gave him change, and then recognized him as the man that had given me the half crown—he had got a little way out—I called the potman, and he followed and took him—I gave the shilling to Young, the potman.

Cross-examined by MR. PAYNE. Q. Before you sent Young after the prisoner, did you try the shilling? A. Yes, in the detector—I tried it in the prisoner's presence—I found it would not bend—I showed it to the potman—I do not remember his saying that it was good enough, and he wished he had a bushel of them—when the prisoner was brought back, and the shilling was shown to him, he said that was not the shilling he gave—he asked me to look in the till when he was brought back, but I did not do

so—I do not remember that when the prisoner first gave me the shilling he asked me to examine it to see that it was good—I did not see him bite it himself.

JURY. Q. Did you mark the shilling at that time? A. The potman marked it, in my presence, before he left the counter—that was the shilling I took of the prisoner—I had four shillings in the till—they were all old ones, and that was one of the present reign.

JAMES FORDER . I am a waiter at the Green Gate. I got a bad half crown on 19th May from the last witness—I marked it, and gave it tip at the station to the constable—this is the half crown.

JOSIAH YOUNG . I am potman at the Green Gate. Ban showed me a shilling, and by the look of it I said it was a good one—Ban told me about the man, and I tried the shilling, and found it bad—I gave it back to the barmaid, while I went to get the prisoner back—she gave me the shilling again—I gave it to the constable at the station—it was the same shilling.

Cross-examined. Q. Did you see the barmaid try it in the detector? A. Yes, and it would not bend—I fetched the prisoner back—he said that was not the shilling he had given, and he asked the barmaid to look in the till.

GEORGE RABBITT (policeman, C 235). I took charge of the prisoner on 21st May—I received this half crown from Forder, and this shilling from Young—the prisoner said he gave the barmaid an old shilling, and he was sure it was good, and this was not old—he said he had been there on the Monday morning previous with a half crown, but he did not know it was bad.

WILLIAM WEBSTER . These are both bad.

NOT GUILTY .

Reference Number: t18560616-583

583. EMILY PEARSON and WILLIAM HOWELL were indicted for a like offence: to which

PEARSON PLEADED GUILTY . Aged 17— Judgment Respited.

(MR. ELLIS, for the prosecution, offered no evidence against Howell.)

HOWELL— NOT GUILTY .

Reference Number: t18560616-584

584. TIMOTHY HAYDON was indicted for a like offence: to which he

PLEADED GUILTY . Aged 34.— Confined Six Months.

Reference Number: t18560616-585

585. GEORGE HOLLOWAY was indicted for a like offence: to which he

PLEADED GUILTY . Aged 36.— Confined Six Months.

Reference Number: t18560616-586

586. DAVID GOODFELLOW and SAMUEL PORTER were indicted for a like offence: to which.

GOODFELLOW PLEADED GUILTY . Aged 37.— Confined Nine Months.

MESSRS. ELLIS and POLAND conducted the Prosecution.

ELIZA COLLIS . I was assistant at the Rising Sun, in Cloth-fair. On 9th June I was in the bar—the prisoners came about 20 minutes before 12 o'clock—there was another man with them—one of them called for a pot of porter—I served them, and they took it in the taproom—Goodfellow paid for it with a shilling—I gave him a sixpence and 3d.—the other prisoner was there when he paid—I tried the shilling in the detector, and put it into the till—there was no other shilling there—sometime afterwards Miss Thompson spoke to me about a shilling—I looked in the till, and found only one shilling there—that was about a quarter of an hour after Goodfellow had given the shilling to me—no one had been serving but Miss Thompson and me—I took the shilling out, and gave it to her, and she gave

it to the officer—there had been other money put into the till, bat no other shilling.

ANNIE THOMPSON . I am the daughter of the owner of the Rising Sun. On Monday, 9th June, Porter came and asked for a pint of porter, and a screw of tobacco—they came to 3d.—he gave me a shilling—I told him it was bad—he took it back, and gave me a sixpence—I looked in the till, and found the shilling which they had previously given was bad—there had been no change given out of the till just before—I had seen the prisoners in before—I had not taken a shilling in the meantime, nor given one in change-when I found that the shilling in the till was bad, Porter had got the shilling he gave me in his hand, and I took it from him—I got the other shilling from Collis, and gave them both to an officer.

Porter. Q. What was my conduct)? A. You behaved very well, but Goodfellow was very abusive.

JAMES CHAPLIN (City policeman, 257). At 10 minutes before 12 o'clock on 9th June I went to the Rising Sun, and Goodfellow was given into my custody—I found a bad shilling in one of his pockets—I received these two shillings from the last witness.

ABRAHAM STONEHAM (City policeman, 287). I took Porter into custody—I found on him 1s. 6d. in good silver, 10d. in copper, a pocket book, two or three cards, and memorandums—he gave an address, which turned out to be correct.

WILLIAM WEBSTER . These shillings are both bad, and from one mould.

Porter's Defence. Every Monday I have to go to collect money for funerals; I had received some money, I did not know it was bad; I have been sixteen years in business in Francis-street, Newington.

(Porter received a good character.)

PORTER— NOT GUILTY .

Reference Number: t18560616-587

587. WILLIAM GOLDING , unlawfully obtaining 10s., the moneys of Frederick Harris, by false pretences: to which he

PLEADED GUILTY . Aged 18.— Confined Nine Months.

Reference Number: t18560616-588

588. EDWARD LANGLEY , burglary in the dwelling house of James Vale; and stealing 1 watch, value 5l., the goods of Mary Ann Hutchinson: to which he

PLEADED GUILTY . Aged 21.— Confined Six Months.

Reference Number: t18560616-589

589. GEORGE HENRY EMM , stealing 1 1/4 lbs. weight of silk, value 1l. 5s.; the goods of Joseph Hartley and others, his masters.

MR. LEWIS conducted the Prosecution.

JOHN COX . I am warehouseman to Joseph Hartley and others, in Queen-street, Cheapside—the prisoner was in their employ. On 17th May I told him to put up the shutters—instead of following my directions, he went up to the first floor warehouse—I followed him in a minute or two, and saw him run from behind the door, and run behind a pile of woollen cloth—I saw he was endeavouring to secrete something in his coat pocket or behind his coat—I asked him what he had got, and he pulled out three or four knots of silk, weighing 1 1/4 lbs.; they were the property of Messrs. Hartley—I had been weighing silk previously—he merely said that he was taking a skein or two—he had no authority to do so—I told him we had missed a great quantity of silk—he made no reply—I told him we had missed a great quantity of staylaces; he said, "Staylaces?"—I said, "Yes"—he made no further reply—this is the silk he had, it is worth about 25s.—it was behind his coat—he had not buttoned his coat—he was at the silk drawer when I went up—he had no right to be in the warehouse at all—he had been ordered to put the shutters up.

JOHN MARK BULL (City policeman, 151). I took the prisoner—he denied the charge, and said he knew nothing about it.

GUILTY . Aged 22.— Confined Twelve Months.

(The witness Cox stated that they had missed about 300l. worth of silk, and 50l. worth of staylaces.)

Reference Number: t18560616-590

590. JOHN BROOKS , burglary in the dwelling house of Edward Stokes, with intent to steal.

MR. PAYNE conducted the Prosecution.

MARIA STOKES . I am the wife of Edward Stokes, a jeweller, of No. 1 Spencer-street, St. John-street, Clerkenwell; he resides in that house. On Saturday night, 17th May, I was in the back parlour, a little after 10 o'clock—I heard a strange noise at the outer door, that leads to the street, as though some one was on the landing—I said to the girl, "Sarah, have you been up stairs?"—she said, "No"—I listened again, and heard a noise—I was sure some one was getting in—I heard footsteps over head in the bed room—I ran to the street door, and called "Policeman!" and "Murder'."—while I was doing so, a man jumped down from the leads of the first floor into the area—he said, "Don't be alarmed"—he had something in his hand, which I thought was a pistol—he was coming towards me, I drew back into the passage, and closed the door, or partly closed it—I believe the prisoner is the man—I went to the bedroom with the policeman—I found the catch of the window torn off, and it was hanging down—there had been a wash hand stand under the window, which was a little removed, and the window was wide open—I had seen that window between 6 and 7 o'clock—it was then shut and fastened—it had not been opened all day—no one had come in at the front door.

Cross-examined by MR. HORRY. Q. You saw a man come down within the rails? A. Yes, and in a few minutes the policeman brought him to my house—I said I believed he was the man.

THOMAS ROWS . I am a carpenter, and live in New Hall-street, Islington. On Saturday night, 17th May, I was passing the end of Spencer street—the last witness came to the door and screamed—I looked towards the house and saw the prisoner jump from the back part of the premises, inside the railings—I saw him on the top of the wood work, he crouched down, and broke some of the wood work—he made a spring, and got over the iron railings—I made a grab at him, but having a bad thumb, which has since been cut off, I could not hold him, he got from me—I gave information, and the policeman pursued him—Mrs. Stokes was still screaming, and I went to her, to see if any one else was there.

Cross-examined. Q. You made a grab at him, and he got away? A. Yes, he jumped over the rails, and met me four or six yards after he got from the rails—there was a clear light—I saw him again when he was brought back, he is the same man.

ROBERT ROWS . I am brother of the last witness. I was with him that Saturday night—I saw the prisoner jump from the coping behind the house—he jumped over the rails, and ran away directly.

FREDERICK MARTIN . I live in Spencer-street At a quarter past 10 o'clock that night I picked up this screwdriver, about a foot from the rails, at Mr. Stokes's.

JOHN CLOSER (policeman, G 156). On that Saturday night I was on duty in Rawstorne-street—I heard a cry of "Stop thief!" and saw the prisoner running towards me—he was running ahead of a number of persons—I caught him in my arms—he said, "What have I done?"—I said, "We

will see directly"—I took him back to the house—I found traces of footsteps in the bedroom—the window was open, and the catch broken—I saw marks corresponding with this screwdriver—I searched the prisoner at the station; I found some lucifer matches on him, and 14s. 1d. in money—this is a piece of a rail which was brought to the station by one of the witnesses—it came from the corner of the house—a person coming from the bed-room window must have come over where this rail was—on this rail there are some tenter hooks, and the prisoner's trowsers were very much torn.

Cross-examined. Q. Is Rawstorne-street higher up St John-street? A. Yes—I saw the prisoner in front of other persons, no one near him within 100 yards—the glass of the window was broken.

GUILTY . Aged 25.— Confined Twelve Months.

Reference Number: t18560616-591

591. JAMES CLARK , robbery, with other persons unknown, on George Spalding, and stealing from him 1 watch, value 5l., and 1 guard chain, value 1l.; his property.

MR. ORRIDGE conducted like Prosecution.

GRORGE SPALDING . I live at Ludgate-hill, and am assistant to a chemist and druggist. On 18th May I had been supping with a friend; I was returning home about a quarter past 11 o'clock—I passed Hare-court, Shore-ditch—two men rushed out and knocked my hat off—I stooped to pick it up, and one of them kicked it up the alley—I went up, and several persons seized me, and dragged me into the alley—one of them put his arm round my throat, and I became insensible—when I came to my senses I missed my watch, and chain, and hat—I found a woman standing over me—I went to the station, and gave information—I saw the two men who assaulted me at first—the prisoner is one of them—there is a gaslight over the alley, and three or four lamps from a public house—I felt my head aching very much indeed—I gave a description of the prisoner to the policeman, and he apprehended him on the following Thursday—I saw him on the Thursday evening.

Cross-examined by MR. CARTER. Q. Was this on Saturday night? A. No, on Sunday night, a few minutes before 11 o'clock; I had been dining and supping with a friend in Hackney-road, and was returning home—this was not a dark alley, it is a paved court, leading to some other street—five or six men were engaged—two of them rushed out as I was passing, and knocked my hat off—one of them I had an opportunity of seeing, that was the prisoner—I was going to pick my hat up, and one of them gave it a kick, and four others came to me and dragged me into the alley—they pulled me a short distance down—I had never seen the prisoner before that I was aware of, he was perfectly unknown to me—I could not give a good description of either of the other men—I speak to the prisoner as one of the two men that came out—I could not give such a description of the other two as I could of this one—these two men dragged me first—the prisoner was on my right hand, the other on my left—I looked more at the one on my right than at the one on my left—I became insensible by one of the four men, who were waiting in the court, passing his arm round my throat—the whole transaction continued three or four minutes—I stooped to get my hat, and one of them kicked it—I discovered the features of the prisoner when they were dragging me down the alley—the prisoner was on my right, I looked at him very closely—a crowd collected very soon—I gave a description of the prisoner to the policeman.

COURT. Q. What was the description you gave? A. I said he was a

man dressed in black, with a black silk handkerchief, tight trowsers, a black cloth cap, his hair cut short behind, and curled over his ears, with a thin face, and rather pale.

JOSEPH DEEBLE (policeman, H 195). On Sunday night, 18th May, I was in Shoreditch, about 20 minutes before 11 o'clock—I passed the prisoner and four others at the corner of Hare-alley—I afterwards took the prisoner—I told him it was for stealing a watch from a gentleman on Sunday evening—he said, "It was not me, I was in bed by 9 o'clock."

Cross-examined. Q. Bid he say 9 or half past 9 o'clock? A. I would not be positive, I think it was 9 o'clock—I saw nothing of the assault—I passed the prisoner and four others at the corner of the alley—I went a little way down, and called to them, and in five minutes afterwards I heard of this robbery—I had the description from the prosecutor on Monday—he said it was a short, young lad, dressed in black, thin, with light hair, curled under the cap, and a black neck tie.

Cross-examined. Q. was that all? A. Yes—I am well acquainted with persons in that neighbourhood—the prisoner is the only young man I know of that description.

GUILTY .† Aged 23.— Confined Eighteen Months.

OLD COURT.—Wednesday, June 18th, 1856.

PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice COLERIDGE; Mr. Justice CROWDER; Sir FRANCIS GRAHAM MOON, Bart, Ald.; and MICHAEL PRENDERGAST, Esq.

Before Mr. Justice Coleridge and the Third Jury.

Reference Number: t18560616-592

592. GEORGE SMITH OWEN, JOHN INGRAM OWEN , and EDWARD OWEN , were indicted for feloniously forging and uttering an order for the payment of 160l.; with intent to defraud: to which

GEORGE SMITH OWEN and JOHN INGRAM OWEN PLEADED GUILTY .

Reference Number: t18560616-593

593. GEORGE SMITH OWEN was further charged upon 7 other indictments, with forging and uttering orders for the payment of 37l., 150l., 60l., 20l., 66l., 150l., and an order for a banker's cheque book: to all of which he

PLEADED GUILTY . Aged 26.— Transported for fourteen Years.

Reference Number: t18560616-594

594. JOHN INGRAM OWEN was again indicted for forging and uttering 2 other orders for 20l. and 60l.: to which he

PLEADED GUILTY . Aged 28.— Four Years Penal Servitude.

Reference Number: t18560616-595

595. EDWARD OWEN was again indicted for forging and uttering an order for 18l.; also, an order for 32l.; also, an order for 60l.: to all which he PLEADED GUILTY . Aged 23.—Recommended to mercy, believing him to have been influenced by his elder brother.— Confined Twelve Months .

Before Mr. Justice Crowder.

Reference Number: t18560616-596

596. GEORGE OCHILTREE WEBB , stealing a post letter, containing an order for the payment of 40s., 1 half sovereign, and 96 postage stamps; the property of Her Majesty's Postmaster-General: to which he

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

Before Mr. Justice Coleridge.

Reference Number: t18560616-597

597. MARY ELIZA M'NAIR, also Minniken, was indicted for unlawfully obtaining by false pretences, a warrant for the payment of 10l. 12s. 4d., from the East India Company.

MESSRS. CLARKSON, BODKIN, and MAULE conducted the Prosecution.

LIEUTENANT EDWARD KING . I was in the 15th regiment of Madras Native Infantry—I joined in 1829, and left India in March, 1832—when I joined, Archibald M'Nair was lieutenant and quartermaster—he continued in the regiment the whole time I was in India—he was a married man—I knew his wife, it was the prisoner—I was acquainted with her in India, I knew her as Mrs. M'Nair, and visited her.

ALFRED BENNETT . I am a clerk in the house of Messrs. Codd and Co., army agents, in Fludyer-street, and have been so nineteen years. They acted as agents for Mrs. M'Nair, the prisoner—I was acquainted with her the whole time they acted as her agents—I transacted business for her as their clerk, and corresponded with her from 1843 up to the present time, on business—I received this letter (produced) from her in 1844—it bears the postmark of 27th Nov., 1844, and was posted at Lewisham—that is the place from which we received her letters, and to which we addressed letters—I know her handwriting—the whole of this letter is in her writing, both the signature and the body—she first came to Messrs. Codd's in the year 1843, she was introduced by a Mr. Augustus Minniken, as a widow—she was present at the time of the introduction—in Nov., 1855, she called at our office—she came in consequence of our having refused to let her have any more money—I have paid cheques for her, I mean cheques drawn on our house—she applied in Nov. last for the usual sums which we paid her on account of her accruing pensions—our house received money for her on account of two pensions, the Lord Olive Fund, and the Madras Military Fund—they were received by our firm at the house of the East India Company—we continued to receive the Olive Fund from 1843, up to 31st Dec. last—when the prisoner came to us in Nov. we had received a letter, which was shown to her, and she read it—Mr. Codd was present as well as myself—this is the letter—(read: "To Messrs. Codd. Nov. 16th, 1855. Sir,—Informed that you are agent for Mrs. M. E. M'Nair. I beg to notify to you that it will be well not to pay any monies to her until I call upon you personally on Wednesday, to place certain documents involving the legality of her right before you. It is only in compliment to yourself that I am instructed to write this to you. Signed, M. C. Warren. There is also a policy of insurance they are disposing of")—When that letter was put into her hand she denied the truth of what was stated in it—I cannot charge my memory with the exact words she used, but they were to the purport that she denied the truth of any allegation that was contained in that letter—she said that the person who had written the letter could not prove what he there urged—Mr. Codd requested her to put her denial to paper—We afterwards received this letter from her, dated 22nd Nov., and this other letter also, dated 26th Nov.—the first is wholly in her handwriting; the second is merely signed and dated by her—(read: "Nov. 22nd, 1855. To Messrs. Codd and Co. My dear Sir,—I beg to say that I have received your message, and regret that I am not able to call upon you owing to the state of my health. I have not been out of the house since I moved, a fortnight ago, and am afraid to do so such weather as this. Perhaps you will be good enough to write to me until I am able to call on you. In the mean time,

will you be kind enough to give the bearer 1l. for me, and I shall feel obliged. M. E. M'Nair. Care of Mrs. Gray, No, 10, Tottenham-court, New-road, Regent's-park")—("26th Nov., 1855. The person who introduced me to you was this Dr. or Mr. Minniken, and lately requiring a sum of money to carry on some mining operations in Germany, he did everything he could to induce me to raise a sum of money for that purpose, even if I could on the policy of my life insurance. But not meeting Mr. Minniken's views on this point, he turns round and threatens to injure me, in every possible manner with you, to the extent that I am married; but this I peremptorily deny, he has not and cannot have any proof of such marriage taking place. The threat he holds out to you regarding me is done merely to give me annoyance. I am not in his debt; on the contrary, he owes me upwards of 100l. He is now in the Queen's Bench, having been removed lately from Horsemonger-lane Prison; his debts are numerous, and in every respect he has acted disreputable, and truly disgraceful, which is well known in the City. He has assumed the name of Dr. Augustus Ligonier Minniken, his name being James Minniken; he is quite an adventurer, and I know he does not and never did possess a shilling property. Messrs. Watson, solicitors, near Finsbury-square; Mrs. Robinson, No. 34, George-street, Minories; or Mr. Laurie, Fleet-street, will bear me out in what I state; and several others. This Captain Marriott I do not know, but I am given to understand he was formerly a Cornet in some regiment, went to Bombay, and sent home for bad conduct. He is also in the Bench, a companion of Mr. Minniken's. I deny his having any certificate of my marriage, indeed, he cannot; and I hope you will take no notice of his letters. He is a most base, worthless fellow, devoid of all feeling and character. I have not done anything to injure him, more than what I now state, but his threats I disregard, and have told him so; he has done now all he possibly can do in writing to you. M. E. M'Nair.")—We were satisfied with the receipt of that letter, and the person writing the letter signed Warren not having come as he said he would, to bring the documents he spoke of, we continued to act as her agents—in March last she again came to our office; that was on the subject of a second letter that we had received—we showed her that second letter, and she read it—this is it—(read: "To Messrs. Codd. 13th March, 1856. Sir,—I am directed to inform you it is now decided to send Mrs. M'Nair's certificate of the marriage which took place at Bow Church on the 28th May, 1846, to Grindlays and Co.; but, previous to taking this course, a respect for you sincerely entertained by a gentleman whom you do not know, induces the parties concerned to give you this notice, in order that you may retain any sum due to you from policy of insurance, or otherwise. In fact, I am requested to advise you that, from circumstances which you may conceive to be grave, the placing of the certificate in the hands of the proper authorities cannot be deferred; this being unfortunately forced upon those by whom I am commissioned to address you. I beg to enclose the order of search from Somerset House, upon which the said certificate has been obtained. I have the honour to be, Sir, yours respectfully, J. B. Henderson.")—when she had read that letter she neither denied the contents of it or admitted them; she made no remark—we told her that if the face of that letter we could let her have no more money—we said that from that letter, and the search for the marriage, and the particulars given, we had no doubt of her having forfeited all right to receive her pension, and that we could act for her no longer—we had received the quarter's dividend for her up to 31st Dec., 1855—the next was due on 31st March following

—our firm knew nothing of Mr. Warren, or Mr. Henderson—we afterward received this letter from her (produced)—it is dated 3rd April, 1856—this other letter (produced) is a letter to Messrs. Grindlay—the draft of the answer is endorsed upon this letter, and I should add that the address, "No. 19, Tottenham Court-road," was added by me—there was no address to it when it came; we told the person who brought it that a reply would be sent, and we put down the address—(read: "No. 19, Tottenham-court, New-road. My dear Sir,—As I am about applying for my money, the Madras Funds, will you be kind enough to let me know how I am to get it; or if there are any documents different to what I usually send in I Perhaps it will be necessary for me to have something from your hand to show that you are not now my agent I have ascertained the name of the person who has been injuring me in your estimation, and I am now able to inform you that it is one and the same person who has formerly written to you (Dr. Minniken). I hope you will be good enough to let me know how I am to apply for the money; I am sorry to give you so much trouble. I remain, dear Sir, yours ever obliged, M. E. M'Nair. April 3rd, 1856, Messrs. Codd and Co.")—Part of the answer to that letter is my writing, and part Mr. Goad's—Mrs. M'Nair has mentioned that her father's name was Gray—she mentioned the name casually, in speaking of her relatives; she said that he was an officer in the army, but of that we were aware previously—I am not aware that she mentioned the regiment—when we received the pension from the Olive Fund we had to hand in a document to the treasurer similar to this—this is signed by the defendant—(read: "Lord Olive's Fund, East India House. Certificate of Identity. I hereby certify that I have seen and examined Mary Eliza M'Nair, residing at No. 10, Tottenham-court, New-road, and to the best of my knowledge and belief she is the person named in the declaration below. Signed, Robert Scarr Redfern. 5th April, 1856. Declaration. I, Mary Eliza M'Nair, do solemnly and sincerely declare that I am the lawful wife of Archibald M'Nair, late a Captain in the East India Company's service, and that I have not contracted marriage with any other person since the death of my aforesaid husband, and I make this solemn declaration, conscientiously believing the same to be true. Signed, Mary Eliza M'Nair.")

REV. ROBERT SCARR REDFERN . I am curate of St. Pan eras. The signature to this certificate is my writing—I do not remember the person coming to me—I remember writing this—I cannot swear to the date, but that is my handwriting; of course, it was written on that day.

COURT. Q. This is a certificate of identity; did you know the person? A. No, I did not—we certify just in the same way as a Magistrate does to all certificates of that kind—we constantly do it, those are our instructions—we simply ask them whether they make that declaration, and take it for granted; those are our instructions—if it had been any other person, I should, of course, have said just the same—it shall not be done again.

ALFRED BENNETT continued. This is a letter from the prisoner to Messrs. Codd, it is dated 26th May, 1846—it is signed M. E. M'Nair—there is no address to it—we had written to her at No. 7, Argyle-street, Argyle-square, New-road.

Cross-examined by MR. SERJEANT BALLANTINE. Q. From inquiries you made did you learn what country woman she was? she was born at Pondicherry, was she not? A. We never knew—(MR. CLARKSON stated that suck was the fact)—to the best of my memory, she told me that she had never been in England before—we have a great many clients receiving

this pension—I am not familiar with the mode in which these matters are managed in the India House—I do not go there myself, I only act upon the declaration before it goes, and the warrant when it returns—the Olive Fund is a fund established by the great Lord Olive, in India, which grants to the widows of officers certain pensions—the officers have not themselves to subscribe to it to entitle their families to share in it—if a widow marries again, and the husband dies, to the best of my belief, the pension does not revert to her.

MR. CLARKSON. Q. Your principal, Mr. Codd, usually attends at the India House to receive the warrant and the proceeds? A. Yes, his name being in the power of attorney—(The witness was directed to fetch Mr. Codd).

REV. GEORGE TOWNBEND DBIFFIELD . I am rector of the parish of St. Mary, Stratford Bow, in Middlesex. I have the register of marriages of that parish; No. 450 is a register of a marriage on 28th May, 1846, between Joseph Charles Minniken and Mary M'Nair, both of full age—the residence of the husband at the time of the marriage appears to have been Bow, and and that of the wife Lewisham, in Kent—the name of the wife's father is John Gray, stated to be a Colonel in the army—it is usual for the parties to sign their names—the entry is, "Married in the parish church according to the rites and ceremonies of the Established Church, by license, by me, G. T. Driffield, rector; this marriage was solemnized between us, Joseph Charles Minniken and Mary Minniken, in the presence of John Duncan and James Harris"—there is an asterisk, with a note at the foot; it is connected with the name "Mary Minniken"—"This name was signed by oversight for Mary M'Nair, the name given in the license. G. T. Driffield, rector"—that is my writing—I am not able to say positively when I made that memorandum, but I believe within a week of the marriage.

Cross-examined. Q. They had been married, I suppose, at the time they signed their names? A. They had, no doubt.

MR. CLARKSON. Q. Who are John Duncan and James Harris, the witnesses? A. Duncan was the beadle and sexton of the parish, and Harris the parish clerk—that is usually the case when the parties have no friends with them—the Act of Parliament requires that I should forward to the registrar of marriages a duplicate of the register the parties sign in duplicate at the time of the marriage—this (produced) is the duplicate of that marriage which I furnished to the registrar.

ALFRED BENNETT re-examined. I believe the signature "Mary Minniken" to this parish register to be the prisoner's writing, and also this signature to the duplicate.

Cross-examined. Q. Do you mean that you speak with any confidence on that point? A. Yes, I have no doubt in saying it is her handwriting—I the words are merely "Mary Minniken"—I have never seen her sign that name—I have frequently seen her sign "Mary"—from those two words I pledge my belief to its being her writing—the character of the writing is so marked that I have no doubt about it.

CHARLES ALEXANDER JAMES MASON . I am a clerk in the military department of the East India Company. There was an officer in the service of the Company, in the 15th regiment of Madras Native Infantry, named Archibald M'Nair; he was a Captain—he died some time in 1838—Mary Eliza M'Nair, his widow, was admitted as a pensioner on the Olive Fund—she was entitled to continue to receive the pension after the death of her husband, unless she married again; it was 45l. 12s. 6d. per annum, I believe

—I do not know the exact amount, but it was half a crown a day, which made it a little more than 11l. a quarter—it is necessary, before it can be obtained, to hand in to the department a declaration like the one produced—I received this declaration on 6th April last—the prisoner called at the military department, I remember her—she handed me this declaration—seeing the word "agent" written at the foot, I asked her if she was the agent to Mrs. Mary Eliza M'Nair, the person named in the declaration, or whether she was Mrs. M'Nair herself—she said that she was Mrs. M'Nair—I thereupon filled up the usual printed form to the cashier—this (produced) is it—I gave it to her, and she left—she left the declaration with me—I filled it, up, and put it on one side—if I had known that she had married again, I should not have directed the warrant to be given to her—(The order directed the cashier to issue a warrant to Mrs. M. E. M'Nair for 11l. 8s. 6d.)

Cross-examined. Q. I suppose you act upon the certificate; you do not trouble yourself with making many inquiries about it? A. No—at the foot of the declaration there are the words, "I do attest and declare that I verity believe the above declaration to be genuine and authentic"—that is only signed when an agent draws the money, not where the pensioner comes personally—we do not then require any authentication of that kind.

THOMAS WILLIAM KEITH . I am a clerk in the cashier's department of the East India treasury. One day, early in April, the prisoner came to the office with this order directed to the cashier—I turned to the warrant book, and found that up to that time the warrant had been received by an agent, Messrs. Codd—I then asked her if she was the party mentioned on this paper—she said, "Yes"—I asked her if she was aware that by receiving it herself she would cancel the power of attorney—she said she was aware of that fact—she produced another paper at the same time, referring to the Madras Military Fund—I told her that she would have to get that exchanged at Messrs. Grindlay's, the agents for the Madras Fund, and therefore she had better do so, and receive the two warrants at once—she took the paper back, and left, and I did not then issue the warrant.

EDWARD RABAN CAVE BROWN . I am a clerk in the cashier's department of the East India Company's treasury. By reference to my books I find that on 5th April last a female brought this order from the military department—I have no recollection of the prisoner—I handed her a warrant for 10l. 12s. 4d., a quarter's pension for the Lord Olive Fund, less income tax—the person signed this name, "M. E. M'Nair," in my presence, to the warrant, and also signed my book—the warrant was afterwards given into her hands—it has since been returned to the accountant's office as paid.

STEPHEN PHILPOT LOW . I am one of the partners in the house of Grindlay and Co., army agents. We are agents for the Madras Fund—I know the prisoner—I am acquainted with the character of her handwriting—I believe the signature of "M. E. M'Nair" on this warrant to be her writing, and the signatures in the book also—on 5th April last she called at our office, and produced something to me, in consequence of which I asked her if she was Mrs. Mary M'Nair—she said she was—I told her that in consequence of what had occurred in 1846, and as Messrs. Codd had hitherto drawn the pension, I could not pay her until I had written to them—the particular pension was not the one now in question—I told her to come on Monday, the 7th—she came, and I then showed her a letter we had received from Messrs. Codd; she applied for a copy of it, and I told her to write for it, which she did—(letter read: "Messrs. Grindley, 5th April,

1856. Dear Sir,—In reply to your letter of this date, we beg to say that we have declined acting any longer for Mrs. M'Nair, having received intimation of her marriage, with proof that we can hardly doubt. Signed, Codd and Co.")—after showing the prisoner that letter, I told her that we should have to write to Messrs. Codd for the proof that they alluded to, and that the case would have to go before the Committee of the Fund—I told her that there were rumours that she had been married, and I asked her if she would make an affidavit that she had not, and as far as I now recollect she declined to make it—she said she was not married, that there was no truth in the report—I then had some conversation with her about her children—this is the letter she wrote, about a copy of Mr. Codd's letter—I (read: "To H. Low, Esq. April 8th, 1856. Sir,—I beg leave to request that you will have the kindness to forward me, at your convenience, a copy of Mr. Codd's letter regarding my pension. Signed, M. E. M'Nair, care of Mrs. Gray, No. 10, Tottenham-court-road, New-road, Begent's-park.")—on the Monday following, I believe, the 14th April, she came again to our office, and was then taken into custody—I believe the signature of Mary Minniken to both these registers to be the prisoner's writing.

Cross-examined. Q. Do you doubt it at all? A. Not at all—I entertain a belief which satisfies my own mind upon the subject.

JOHN SYMONS . I am the superintendent registrar of marriages of St. Mary, Stratford Bow. I have produced the duplicate register of the marriage of Joseph Charles Minniken and Mary Eliza M'Nair.

ARTHUR LAMBERT HODGKINSON . I am one of the cashiers at the Bank. I cashed this warrant on 5th April—I have no recollection of the person.

ANN BISHOP . I live in Argyle-street, King's-cross, In the year 1847, two persons lodged at a house of mine, No. 7, in that street—they took the house of us in the name of Mr. and Mrs. Minniken—I recollect the person of Mrs. Minniken quite well—the prisoner is the person.

Cross-examined. Q. Do you know anything about Minniken? A. I know him quite well by sight—he was in no business at all that I know of, he took our house as a gentleman—I knew nothing of his means of livelihood—could not say what aged man he was, I should say about thirty, but I could not say exactly.

MR. CLARKSON. Q. Have you spoken to her as Mrs. Minniken? A. Yes, and she has answered to that name—I used to go and receive the rent—they were there four quarters.

MR. SERJEANT BALLANTINE. Q. Who paid the rent? A. Mr. Minniken; I used to call for it, but they generally sent it by the servant.

MR. CLARKSON. Q. was she confined while at your house? A. I cannot say, there was a child—I was in the habit of seeing her very often, and conversing with her at her own house.

THOMAS JAMES ROBERTS . I am a porter to Mr. Hind, an upholsterer, in Tottenham-court-road; he has also a place of business at No. 10, Tottenham-court, New-road. The prisoner was lodging there in April last, with a man—they passed as Mr. and Mrs. Gray—they lived together as man and wife—I have taken in letters for them in the name of Gray, and given them to the children—I have seen letters there in the name of Minniken, care of Capt. Gray—there were two children, they were called Johnny and Willy Gray—I did not know them by the name of Minniken, there was no child there called Minniken that I am aware of—I knew the prisoner by the name of Mrs. Gray.

SARAH MARGARET WILDE . I am the wife of John Francis Wilde, and

live at No. 45, Gower-place, New-road. I knew Joseph Charles Gray, who lived at No. 10, Tottenham-court, New-road—he took apartments in my house in Gower-place, in Sept. last year; he did not pay me any rent—he came there—I saw the prisoner there once—she inquired for Mr. Gray—I have seen him write, I think I know his handwriting—I should say the signature of that Joseph Charles Minniken to this register is his handwriting;

EDWARD SEPTIMUS CODD . I am a member of the firm of Codd and Co., in Fludyer-street. I was agent for Mrs. Mary Eliza M'Nair, and as such received her pensions at the East India House—I have frequently seen her handwriting—I believe the signature to this register of marriage to be hers—in Nov. last, I had a letter from her, I am not quite sure whether I saw her then—I saw her in Feb. this year—I told her that I had received a document in Feb., purporting to be an order of search for her marriage, and I conceived that with that document before me, I could not act any longer as her agent; and I declined to continue to act in that capacity—I gave her a letter at that time which I told her I had received; this (produced) is it—the signature at the back of the warrant is the prisoner's writing; and also the signature to the warrant book.

Cross-examined. Q. Beyond declining to act as her agent, did you give her any explanation, or any reason why you declined to act? A. I did—I stated that I had received that document, and I declined to act any longer—that was all that passed; there might have been some casual observation—these certificates of identity, and declarations, are brought or sent to the agent by the parties claiming the pension—this is a manuscript one; that was not issued so—a form is sent which the claimant copies—we do not copy them, the parties do it themselves—the body of the document is not in the prisoner's writing, I have no notion whose it is—I have seen several of these documents here relating to the prisoner—I do not know whether the body of this paper is Mr. Minniken's handwriting.

SARAH MARGARET WILDE re-examined. I have seen Mr. Gray, or Minniken, write various hands—I believe the body of this declaration to be in his writing.

GUILTY. Aged 44.—Recommended to mercy, supposing her to be influenced by her husband.— Confined Twelve Months .

(Mr. Bodkin stated that the prisoner had obtained upwards of 1,800l. from the Company, to which she was not entitled.)

Before Mr. Justice Coleridge, and the Seventh Jury.

Reference Number: t18560616-598

598. HENRY BARTELOT , unlawfully delaying and detaining certain newspapers. MESSRS. CLARKSON and BODKIN conducted the Prosecution.

HENRY SMITH . I am one of the sorters in the General Post-office, On 7th May, I was in the Foreign Department on the first floor; there is an office higher up in which newspapers are sorted, and there is a shoot which communicates from that office to the one in which I am employed—in consequence of instructions I had received, I paid particular attention to that shoot on the day in question—I noticed three newspapers come down—I took possession of them, and put my initials on them; one was a copy of the Times—they were in the state they are now, with the addresses apparently torn off—I handed them to Mr. Clare, the inspector—I know the prisoner—he was employed in the upper room—I cannot positively say whether I had seen him that day—these newspapers had no business in our office.

WILLIS CLARE . I am an inspector of letter carriers at the General

Post-office. On 7th May, the prisoner was employed in the newspaper office, the upper office; he was a newspaper sorter and letter carrier—it was his duty to sort newspapers that were intended to go by that night's mail; this occurred about 35 minutes past 5 o'clock—these three newspapers were given into my possession by Smith, they had no addresses upon them, one is a newspaper called Lloyd's, of 4th May; one is the Bath Express, of 3rd May; and the third is the Times, of 3rd May—I sent for the prisoner into a private room, and asked him if he had thrown any newspapers down the foreign shoot—he said he had not—I asked him again if he was sure, and he said, "Yes"—I then said I had reason to believe that he had, and I showed him this copy of the Times, and asked him if he had seen that paper before—he looked at it and said he had not—I said I had reason to believe that he had sent these papers down the foreign shoot, that I should call in a constable, and must give him in charge, and have him searched—he became very much alarmed, and said, "I did tear the papers"—I asked him what could induce him to have done such a thing—he said he could not tell, more than he was afraid of missending them, and that he had lately missent a large number of newspapers, for which he had been heavily fined—Peak, the officer, then came in, I desired him to search the prisoner—he did so in my presence, and took from his pockets these covers, and pieces of other newspapers—some of the addresses on these papers are plainly written—I have compared the pieces with the three newspapers in question, and they fit—here is one, "Mrs. Rugeley, St. James's-house school, Isle of Wight;" another is, "Mrs. Alexander, Axford, near Marlborough, Wilts;" the third address is quite illegible, it is so bad that we cannot read it; there appears to have been a postage stamp on it—by throwing the papers down the shoot, the prisoner would get them out of his way, and prevent their being forwarded by the poet, otherwise they would have gone by that night's mail—it was his duty to have sent them to the road at which he was—what we call a road is a frame of boxes at which the papers are sorted—he had the Blandford-road—the paper addressed "Isle of Wight," would come into that road—if the others had come into his possession he should have put them on one side for the messenger to take to the general sorters to be re-sorted—it was quite out of course to throw them down the foreign shoot.

Cross-examined by MR. PAYNE. Q. How long has the prisoner been in the employment of the Post-office? A. Between five and six years—he was a letter carrier for four years, and was then appointed a sorter—the whole of the Isle of Wight is in his department—I believe so—I do not believe there has been any alteration in that respect—I have ascertained that he was fined for missending papers—some directions are very badly written—I do not know that he had sent these papers to the blind sorters, and that they had been returned to him—he said that he had thrown them out, and that they had come back.

EDWARD VINCENT STOCKMAN . I live at Bath. I sent this Bath Express newspaper to the Isle of Wight by the post, I wrote this address, and posted it on Wednesday morning, 7th May, in time for the day mail.

GUILTY . Aged 32.—Recommended to mercy by the Jury.— Confined One Month.

NEW COURT.—Wednesday, June 18th, 1856.

PRESENT—Sir JOHN MUSGROVE, Bart., Ald.; Mr. Ald. CARTER; Mr. Ald. CUBITT; Mr. RECORDER; and MR. Ald. EAGLETON.

Before Mr. Recorder and the Fifth Jury.

Reference Number: t18560616-599

599. HENRY YOUNG and THOMAS WILLIAMS , burglariously breaking and entering the dwelling house of Anthony Locke, and stealing therein 248 yards of cloth, value 80l.; the goods of Nathaniel Overbury: 38 yards of woollen cloth; the goods of Robert Overbury: and 1 cash box, value 1l. 10s.; the property of Joseph Seymour Salaman: to which

WILLIAMS PLEADED GUILTY . * Aged 26.— Transported for Fourteen Years.

MR. W. J. PAYNE conducted the Prosecution.

JOHN SMITH . I am porter to Mr. Robert Overbury; he occupies a warehouse on the ground floor of No. 13, Basinghall-street, in the parish of St. Michael Bassishaw. Mr. Nathaniel Overbury keeps goods there, but he is not in partnership with Mr. Robert Overbury—the ware-house is on the ground floor in front, and at the back there is a counting house, which has a skylight over the whole of it—Mr. Salaman is a solicitor, and he occupies an office over the warehouse—there is nothing over the counting house—there is a window from Mr. Salaman's office which comes to the skylight—on 7th May there were some boards lying on the skylight—the workmen had been at work the day before, laying some lead on—I know Mason's-alley—there is a wall there, over which you can get to our premises—there is just one warehouse between Mr. Overbury's warehouse and the alley, and by getting over that wall access could he had to our premises—that is the way the workmen went up—on the evening of 7th May I left the warehouse about 25 minutes past 6 o'clock—I was the last person who left—I locked the warehouse door, and took the two keys with me, a Chubb patent lock, and another lock—at that time everything was safe—on the following morning I was called to the warehouse at a little after 6 o'clock—my residence is at No, 27, Basinghall-street—I went to the warehouse, and found two policemen there—I saw seven pieces of woollen goods near the street door—some of them were Mr. Robert Overbury's—the greater part were Mr. Nathaniel Overbury's—they were in the warehouse, and covered up, when I left on the previous evening—they had just come in—they were given back to us by order of the Magistrate, because we had them for an order—I went from the street door to the warehouse door, which is on the left hand side of the passage—that was the door that I had left locked, and both the staples were off—the screws had been drawn—the bolts of the locks were shot—they must have been opened from the inside of the warehouse—there is an alarm bell there, the wire of that was let loose, and the hammer was down on the bell, so that it could not strike by opening or shutting the door—I found five or six more pieces of cloth had been removed—I noticed the skylight of the counting house—there is a counter under the skylight, and on the counter there was a plank in an inclined position from the skylight down to the counter, so that any one could slide down—a pane of glass had been taken out of the skylight—that glass was all safe the night before—I went up stairs to Mr. Salaman's office—I found the door of his back office had been broken open from the inside—that could have been done by getting in at the window from the skylight, and the window was

open, as if the men had escaped from that window—I presume that I had seen the prisoner Williams walking down Basinghall-street.

RICHARD STREAT . I am clerk to Mr. Joseph Seymour Salaman; he is a solicitor. He has an office on the first floor, over this warehouse, in Basing-hall-street—I left the office about half pant 4 o'clock in the afternoon on 7th May—this cash box was then in Mr. Salaman's office, on the ledge of the window that leads to the skylight—it was empty—I had locked my desk when I left, and when I got there the next morning, about a quarter before 10 o'clock, it had been broken open—this is Mr. Salaman's cash box.

FREDERICK STEPHENS (City policeman, 142). On the morning of 8th May I was on duty in Mason's-alley, about 3 o'clock—there is a wall there, over which you can get to Mr. Overbury's—I saw some marks on the wall, and I kept a watch close by it till 5 minutes past 6 o'clock—I should think the wall is fifteen or sixteen feet high—about 5 minutes past 6 o'clock I heard a noise on the other side of the wall, as I was in the alley, and I saw Williams on the top of the wall, and he jumped down into the alley—I saw two other persons come and look over the wall, but as soon as they saw me they drew back—I believe one of the two men was Young, but I only saw the side of his face, and I cannot be sure—I went in chase of Williams—I went to the premises about half put 6 o'clock—I found sergeant Speck there.

WILLIAM EDWARDS (City policeman, 114). On the morning of 8th May I was on duty just at the corner of Mason's-alley, just after 6 o'clock—I heard the cry of "Thieves!" inside the premises, on the other side of the wall—I went into the alley, and saw Williams come to the wall, and jump into the alley—I saw Young come to the wall; he looked down, and saw me, and went back again—I had sufficient sight of him to know that he was the person, I looked at him for half a minute—I tried to get up the wall, but I could not catch him—I got assistance, and went after him, but he got away—from information, I went on 12th May to Coldbath-fields prison, and four or five persons were marched into the yard—I identified Young as being the man I saw on the wall—I have no doubt about him—he was then in Coldbath-fields for assaulting a policeman—I took him on this charge on 7th June, and took him to the station—Mrs. Bishop, the housekeeper, came to the station—I placed Young with seven or eight other persons, and she picked him out as being the man—I told him the charge when I took him—he did not say anything.

Cross-examined by MR. HORRY. Q. What time did you see Young on the wall? A. About 6 o'clock in the morning—I saw him again on the 12th, which was four days afterwards—I heard that he was in the prison, and went there—he had a badge on, I believe—I did not inquire for him by name—I was not told the name before I went—I believe there were three persons in the yard besides him.

SAMUEL SPECK (City police sergeant, 87). On 8th May, about 5 minutes past 6 o'clock in the morning, I was in Fore-street—the prisoner Young came running to me from New Basinghall-street—he was coming in a direction from Mason's-alley—it would take a man about two minutes to run there from Basinghall-street—I was on the opposite side of Fore-street, and he came running towards me with his coat on his left arm, crying "Fire!"—I approached him, and asked him where the fire was—he said, "Up there; for God's sake, sergeant, make haste, they will all be burnt! I am going for the engine"—I immediately ran towards Mason's-alley, and when I got some distance I met Stephens with Williams in custody—I then

discovered that it was a hoax—I went after Young, but I could not find him—I then went to the warehouse, I got there about 10 minutes past 6 o'clock—the street door was shut; Mrs. Bishop, the housekeeper, opened it to me immediately—when I got in at the street door, I found some pieces of cloth in the passage behind the door—I saw the door leading from the passage into the warehouse—the box into which the lock enters was removed—I examined the counting house, I found the glass in the skylight had been removed, and a long scaffolding board put through where the glass had been removed, and was resting on the counter in the counting house, in a slanting direction—the aperture in the skylight was plenty large enough for a man to get through, and to slide down—I proceeded on to the leads, and found this screwdriver, this wax taper, this gimlet, this knife, and this rope, about ten yards long, on the leads, which go over another counting house, and then to the wall of Mason's-alley—I examined Mr. Salaman's office, I found the desk broken open, and this jemmy fitted the indentation in the desk, near the lock, where it had been prised open—the door also had been prised open, and the indentation on the door corresponded with this jemmy—I found this cash box, and seven pieces of cloth in the passage, behind the street door—on 12th May I went with Edwards to Coldbath Fields prison—I was shown about half a dozen persons, and when they marched by second time, I picked out Young as the person I had seen on the morning of the 8th.

COURT. Q. Who pointed him out first? A. I said, "That is the man," and Edwards said, "Yes, it is"—I have not the least doubt now that he is the man.

Cross-examined. Q. Were there any other persons running in Fore-street? A. No, none whatever—it is not more than 150 yards from Mason's-alley.

HANNAH BISHOP . I am housekeeper to Mr. Anthony Locke; he is the landlord of No. 13, Basinghall-street. I sleep on the premises, at the top of the house—on the night of 7th May, I fastened the street door at half past 9 o'clock—at that time the house was all safe—on the following morning, the 8th, there was a knock at the door directly after the clock struck 6—I went down part of the way, and hearing a noise it gave me rather a start (I had expected a man to come at 6 o'clock)—when I got to the second flight of stairs, I saw Mr. Salaman's office door open—I got to the foot of the stairs against the door, and saw three men inside the office—they went out of the window over the desk, and got on to the skylight—I said, "What are you doing here?"—they made no answer—I went to the window, and saw the three men going to the wall of Mason's-alley—they were on their hands and knees, scrambling over towards the wall—I called, "Thieves!"—one of them went over the wall, the others attempted to go over, and turned back, and went over into the churchyard—I still called, "Thieves!" and they got away—I went down and opened the door—I saw the goods behind the door—I found at the door the man that was come to do the work—I sent him for Mr. Overbury's porter—the prisoners are two of the men that I saw that morning, I have not the least doubt of it—I went to the station, and there I saw Williams.

Cross-examined. Q. Were you taken to the station a second time? A. Yes, to pick out Young—when I saw those persons scrambling on the leads, I was looking down upon them, of course—they were on their hands and knees—I did not see their faces particularly—I mean I did not see their full faces—I do not know on what day it was I went to the station the

second time, I did not take particular notice—it was a month afterward, when Young came out of prison—I think it was last Saturday week—they said they had got another of the prisoners, and I was to go to see if I knew him—when I got there, at the first glance I was rather surprised or puzzled, bat I considered a bit, and looked at him again, and I said that was him, and the policeman wished me to go and touch him that he might know who I pointed to, and I did so—there were six or seven more persons.

MR. W. J. PAYNE. Q. The first time you went was on the day you saw those men on the leads? A. Yes; and the second time was on the 8th June.

JOHN CHOWN (policeman, E 137). I know both the prisoners well—I have known Young about sixteen months—I have seen them together repeatedly—I have every reason to believe that they live together—I have followed them to No. 9, Bell-court, I hare watched them go in, and come out in another dress—I saw them go into the same house, and come out again, about three weeks before this occurrence.

Cross-examined. Q. Do you know as a fact that Young lived there? A. I cannot say that he is a tenant—I have seen him go there.

WALTER HOPE (police sergeant, F 50). I know both the prisoners, and have seen them together repeatedly—I saw them a few nights before they were taken—I have seen them repeatedly at the corner of Bell-court, but have not seen them in the house.

Cross-examined. Q. Do you know that Young lived at No. 13, Plum-tree-court? A. No.

HENRY BINGHAM (police sergeant, E 5). I know the prisoners very well, I have seen them together repeatedly in Holborn—I cannot say where they lived

YOUNG— GUILTY . Aged 22.— Five Years Penal Servitude.

Reference Number: t18560616-600

600. THOMAS BRODIE , stealing 1 coat, value 1l. 8s.; the goods of James Carp and another: to which he

PLEADED GUILTY . Aged 30.— Judgment Respited. (See page 260.)

Reference Number: t18560616-601

601. WILLIAM FLEMING , stealing 3 bushels of oats and hay; the goods of Thomas Piper and another, his masters.

MR. PLATT conducted the Prosecution.

HENRY FINNIS (City policeman, 633). On 22nd May, about 6 o'clock in the morning, I was in Bishopsgate-street; I saw the prisoner leave the premises of Messrs. Pipers, the builders, with a horse and cart—in the cart there was a sack containing something, which I afterwards found was oats and cut hay—I followed him into Houndsditch, and he then went through different streets to Hunt-street, Mile-end New-town, which is about a mile from Messrs. Pipers by the way he went; he did not go the nearest way—he kept by the cart till he got to Hunt-street—he then took a sack out of the cart, and took it into a milk shed belonging to Mr. Waller—he remained in the shed a minute, or a minute and a half, and he came out without the sack—this is the sack—it is marked with the name of Truman, Hanbury, and Co.—the prisoner went away, and I went into the shed and found this sack that I had seen him carry in—I was close behind him—I saw him take it from his shoulders, and put it down—I went and found it contained hay and oats—Mr. Waller said it had been brought there by a man—I then went to a building in America-square where I found the cart, and in about two minutes the prisoner came to the cart—I told him I charged him with disposing of his horse's food, which he had taken out to feed his horse—he

said nothing—I asked him if he heard what I said—he said, "Yes"—I found this other sack in the cart, which contains the same description of food as that which was found in the prosecutor's loft—as the prisoner was going along, before he got to the milk shed, I saw him doing something to a sack in the cart—I saw the bottom of a sack, it appeared to me that lie was shooting something from one sack into another—I could not see what came out of the sack, but the large sack was high enough just to be seen above the cart.

Cross-examined by MR. METCALFE. Q. Do you mean you could see the bottom of one sack, and the top of the other? A. Yes, I could just see the top of the bottom sack—one was in the other—I could see the bottom of the second sack, the one he was holding up—I could just see the top of the other sack—it was a common builder's cart—it has not very high sides—I could just see the top of the sack—I could not distinctly see what went from one sack to another—(The witness's deposition being ready stated: "I saw him lift a sack to the cart, and do something; I could not see what he did, as the sides of the cart were too high")—I only found one sack in the cart—this sack was in the cart when I took him—I saw the top of the sack which was standing on the floor of the cart—I saw him putting something from one sack to the other—he was holding the second sack up, I could just see the top of the lower sack.

COURT. Q. How came you to tell the Magistrate that you could not? A. I could not see what he was doing.

Q. Supposing he held up the smaller sack by it's bottom, how could any be left in 'it; it would be empty altogether? A. I cannot say about that—I found another sack at Waller's, and in it was a mixture of beans and hay—I inquired about Waller, I heard he was a hard working man—he was discharged.

MR. METCALFE. Was there a nosebag in the cart? A. Yes—the horse was feeding from the nosebag—the cart stopped once before it got to Hunt-street—I kept it in view the whole time.

MR. PLATT. Q. Could you see any part of the other sack, the one into which one sack was going? A. Yes, the top of it—when the cart stopped I was at the tail of it—the sides of the cart go straight—the cart was not loaded—the prisoner was in the middle of the cart, close by the side—the sack was in some measure hidden by the side of the cart.

COURT. Q. Which sack was he holding up? A. This top one—it appeared to me that the effect of that would be to empty the sack altogether, but I found some in it afterwards.

GEORGE BOWTELL . I am horse keeper to Henry Thomas Piper and another, in Bishopsgate-street. The prisoner was one of their carmen—on the morning of 22nd May, I saw him put the horse in the cart to go out—he had this small sack in the cart, it had about a bushel and a half of mixture of corn and chaff—the sack was about three parts full—I had a mixture of that sort at home—I have brought a sample, which I have compared with this in the large sack—this in the small sack is the same—they appear to be the same sort as the quantity in the loft—I saw only one sack in the cart—I have looked at this sack which was found in the shed, I never saw it before.

Cross-examined. Q. When you saw him start you only saw one sack I A. No, he had one nosebag—he would have to fill the nosebag from the sack—we do not buy this mixture ready made up, we buy the hay by the

load—I cut it myself—the prisoner has been with us somewhere about four months—I respected him very much, I considered him a very honest man—I have not missed any of this mixture.

COURT. Q. How much would he take out in a day? A. About a bushel and a half, which would be this small sack three parts full—he might have consumed by half past 8 o'clock nearly as much as is gone from here—it was the supply for the day—this is the sack, and what the nose-bag had would make nearly a bushel.

NOT GUILTY .

Reference Number: t18560616-602

602. JAMES DOUGLASS and THOMAS CAIGER , burglariously breaking and entering the dwelling house of William Reading, and stealing 2 coats and other articles, value 5l., and 20s. in money; the property of Francis Brook Norris: and ISABELLA WILSON and JANE ALLUM , feloniously receiving the same: to which

CAIGER PLEADED GUILTY . Aged 21.

DOUGLASS PLEADED GUILTY . Aged 41.

MR. RYLAND offered no evidence against ISABELLA WILSON and JANE ALLUM.— NOT GUILTY .

(Douglass and Caiger were farther charged with having been before convicted,)

JAMES TURNER . I am a painter—I was in the police. I produce this certificate—(Read: "Central Criminal Court, March, 1850, James May, convicted, on his own confession, of stealing in a dwelling house, and sentenced to be transported for ten years")— was present—it was the prisoner Douglass.

DOUGLASS—GUILTY.*— Transported for fourteen Years.

THOMAS STEER (police sergeant, D 30). I know the prisoner Caiger—I produce a certificate respecting him—(Read: "Clerkenwell Sessions, Junk, 1851, Thomas Caiger, Convicted of stealing two saws, and other articles, and ordered to be confined two months")—I was present—he is the person mentioned—he was tried on a second indictment, and had three months.

CAIGER—GUILTY.— Five Years Penal Servitude.

Reference Number: t18560616-603

603. BARTHOLOMEW DOYLE , feloniously forging and uttering an acquaintance and receipt for 1l. 18s. 11d.; with intent to defraud.

MR. GIPFARD conducted the Prosecution.

THOMAS DAWKINS . I am a musical string manufacturer, and live in Little Warner-street, Clerkenwell. I require a great many sheep and lambs' gifts—the prisoner had been my carman about twelve years—it was his duty to cart those things from butchers to my place—they used to send for the amount of their account to my place, and I used to send the butcher's bill, with the amount of the money, by the prisoner to them—on 30th July I gave the prisoner this bill (looking at it), and the money, 1l. 18s. 11d., along with other money for other butchers—when I gave it him it was not receipted—he gave it me receipted the next day.

Cross-examined by MR. METCALFE. Q. The prisoner had been in your employ twelve years, and had occasionally received money from you to pay these bills? A. Yes—he has not collected much money, he might have received small amounts—on that day I gave him 8l. 7s. 1d. (Receipt read: "Received, 30th July, 1856, for goods, 1l. 18s. 11d. Joseph Seal")

JOSEPH SEAL . I am a butcher, and live at No. 12, Wardour-court, St. James's This receipt is not mine—I did not sign it, nor authorise any one to sign it—I did not receive the money.

Cross-examined. Q. Who have you in your employ? A. Two young men—they occasionally receive money for me—my wife also receives money

occasionally—when the young men receive money they give receipts—they are not here.

MR. GIFFARD. Q. Is this the handwriting of your wife or either of the two young men? A. No.

COURT. Q. Is this at all like your writing? A. Not at all—I have given receipts to the prisoner before—he has fetched the guts and brought me the money for ten or eleven years.

THOMAS DAWKINS re-examined. I do not know the prisoner's writing—he never had occasion to write—he had no person with him from our place—it was his duty to see the customers, and get them to sign the receipt—I made this bill out—I generally made out the bill and sent it—I have dealt with Mr. Seal about thirteen years—I cannot recollect that the prisoner gave me this receipt—it came to him either from him or through my clerk.

ALFRED WALKER . I am clerk to Mr. Dawkins. I cannot swear that the prisoner gave me this receipt for 1l. 18s. 11d. on 4th Aug.—he usually gave the receipts to me—I cannot swear that he gave me this—the carmen brought back the receipts from customers—all that the carmen brought to me I gave to Mr. Dawkins—if the carman took out a bill, it was the business of the same man to bring back the receipt—when they came in, Mr. Dawkins ticked them off in his book, and they were put upon the file—no other man but the prisoner collected from Mr. Seal.

COURT. Q. This receipt was brought back with others? A. Yes—they were generally brought in on Monday—I cannot say when this came.

THOMAS DAWKINS re-examined. This book was kept by my clerk—I ticked off the payment in my book when the bills came.

NOT GUILTY .

Reference Number: t18560616-604

604. BARTHOLOMEW DOYLE was again indicted for stealing 1l. 15s. 3d. 1l. 9s. 3d., and 1l. 18s. 11d. the moneys of Thomas Dawkins, his master. MR. GIFFARD conducted the Prosecution.

THOMAS DAWKINS . On 23rd April I gave the prisoner 1l. 15s. 3d., directing him to pay it to Mr. Bassett—this is the bill, it was written by my clerk—by my book I find that the receipt came in between 23rd and 30th April—on 9th July I gave him 1l. 9s. 3d., to pay Mr. Bassett, and I gave him this bill—my clerk made out this account—the receipt came in between 9th and 16th July—my clerk did not give the money—I give the money myself—I call the men in every Monday, and give them the money and the bill—on 30th July I gave the prisoner 1l. 18s. 11d., to pay Mr. Seal—the receipt came into my hands between 30th July and 6th Aug.—I gave him this money with my own hand—it was his duty to return the bill the same night, but if he could not see the butcher that night, to return it the following day.

Cross-examined. Q. Had he not some person to go with him? A. have heard that he had, but I do not know him—I have three other carmen; each has his own beat, they do not assist each other—a man is never disengaged, it is his duty to go every night to the butchers—I never heard of a man putting one of these bills into the hands of another carman—I have no knowledge of their employing another person—they give the receipts to my clerk, and I take them off the file in my counting house—but when I first see the receipt, it is delivered to me by my clerk or the prisoner—my book only shows from Monday to Monday—the receipt was received during that week.

COURT. Q. These are entered when you give the money out? A. Yes,

and I tick them off when I get the receipts—this tick only shows that I received them in the course of the week.

MR. METCALFE. Q. Has not one other carman been given into custody by you? A. Yes, and one has absconded—the other, I believe, is an honest man—the one I gave into custody has pleaded guilty in the other Court (See the ease of James Dwyer, page 354)—this prisoner did not abscond—he was discharged by me, and taken into custody a few days afterwards.

JOSEPH SEAL . This receipt is not my writing—I never received the money—the prisoner is the man who usually came to me for these goods, and paid me for them afterwards—he came every day for what I supply—I have two men in my employ—this is not like my writing, nor the writing of any one in my employ.

EDWARD BASSETT . I am a butcher, and had dealings with Mr. Dawkins—this receipt on this bill of 23rd April is not my writing—I did not receive the money then—I have received it since—this other receipt of 9th July is not my writing—I received the money for it one day after Christmas, 6l. and some odd shillings—that was the yearly bill, the whole that Mr. Dawkins owed me—I. am quite certain it was about Christmas.

Cross-examined. Q. You have no claim on Mr. Dawkins? A. No—I told the prisoner I wanted my money, and two or three days after he brought it—I have two men and a boy in my employ—they receive money at times, and give receipts—this is not at all like my writing—it is not received for, but by, E. Bassett.

MR. GIFFARD. Q. Who makes out the bills? A. 'One of my men—I never take notice of these sort of things, they are generally the perquisites of my mistress.

CHARLES WOOTTEN (policeman, A 401). I took the prisoner into custody—I told him it was for robbing his master, and forging receipts—he said, "Very well; master must prove it."

(John Fletcher, a hairdresser; John Castilioni; and John Dowsell, a cab proprietor, gave the prisoner a good character.)

GUILTY .— Judgment Respited.

Reference Number: t18560616-605

605. GEORGE LARRARD , stealing 50 lbs. weight of veal, value 26s.; the goods of George Hole.

GEORGE HOLE , I am a butcher, and live in Pitfield-street, Hoxton. On the morning of 7th June I bought four sides of veal, and three fore-quarters, in Newgate-market—my cart was in Warwick-square—I gave directions to my man to take the veal there, and I went to a coffee shop—I was looking out at the window, and I saw the prisoner carrying a quarter of veal on his shoulder—I came out of the coffee shop, and followed him into the market, where he put the veal off his shoulder, on to another man's shoulder—I followed that man, and saw where he put it—I waited till a porter came, and I put it into Mrs. Payne's—I saw the prisoner again in half an hour in Newgate-street—I am certain he is the same man—I examined the quarter of veal, and am certain it was mine—it weighed 51lbs.—it was a remarkably large one.

Prisoner. Q. Did you see me in Warwick-square? A. I saw you coming across Warwick-square—I looked through the window into the square—I could see you out of that window—I could not tell that it was my veal till I had examined the cart—the veal weighed 48lbs.—I gave 4s. 2d. a stone for it.

EDWABD STRUTT . I am employed as porter by the last witness, I received four sides of veal, and three fore-quarters—I put them into the

cart between 7 and 8 o'clock in the morning—I afterwards saw the last witness, and I went and looked in the cart—I missed the largest of the quarters of veal—I saw it afterwards at Mrs. Payne's—I am positive it was the same.

Prisoner. Q. Did you see me in the square? A. I do not know that I saw you—I was away from the cart five or six minutes when I missed the veal.

COURT to GEORGE HOLE. Q. How far did you follow him till you saw him give it to another man? A. I suppose fifty or sixty yards—I was behind him—I observed his face when he turned round once very suddenly—I never saw him before.

CHRISTOPHER STANSFIELD (City policeman, 292). I took the prisoner in charge.

Prisoners Defence. I am in the habit of working as a porter in the market; I was at work that morning; a great many other persons answer my description; this charge I am perfectly innocent of; I shall leave it in your hands.

GUILTY . Aged 32.— Confined Twelve Months.

THIRD COURT.—Wednesday, June 18th, 1856.

PRESENT—Mr. Ald. COPELAND; Mr. Ald EAGLETON; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Seventh Jury.

Reference Number: t18560616-606

606. EDWARD KEAN, alias Canes, feloniously cutting and wounding Henry Cross, with intent to resist his lawful apprehension: to which he

PLEADED GUILTY . Aged 30.— Confined Twelve Months.

(There was another indictment against the prisoner.)

Reference Number: t18560616-607

607. BARNET SIMMONS , unlawfully obtaining 2l. 10s., the moneys of Thomas Reynolds, by false pretences: to which he

PLEADED GUILTY . Aged 21.— Confined Six Months.

Reference Number: t18560616-608

608. FREDERICK SMITH , unlawfully assaulting Rhoda Smith, with intent to carnally know and abuse her.

MR. SLEIGH conducted the Prosecution. NOT GUILTY .

Reference Number: t18560616-609

609. JOHN FITZGIBBON , stealing 1 sheep, price 36s.; the property of Henry Cook: to which he

PLEADED GUILTY . Aged 21.— Confined Nine Months.

Reference Number: t18560616-610

610. JAMES QUICK , stealing, on 10th May, 9 caps, 4 coats, and 2 pairs of boots, value 4l. 6s. on 21st May, 2 coats, 4 capes, and 1 waistcoat, value 2l. 8s. and on 22nd May, 5 caps, value 5s.; the goods of David Braun and another, his masters: to which he

PLEADED GUILTY . Aged 16.— Confined Twelve Months.

Reference Number: t18560616-611

611. GEORGE RUFUS BARNES , unlawfully obtaining 1 barrel of coffee, the goods of William Moore, by false pretences.

MR. THOMPSON conducted the Prosecution.

WILLIAM MOORE . I am a wholesale coffee dealer, in Roodlane. On 17th May the prisoner came to my counting house, and said that he wanted

a barrel of coffee, that he had some money sent home from a relation in Bermondsey, and was in business in Bermondsey-street; I showed him a sample of coffee, which he purchased, and was to pay the money before he had it—I gave him the warrant, and he gave me this cheque for 3l. 18s. 10d. (produced)—the warrant would enable him to get the goods under any circumstances, the holder of the warrant being entitled to it—the price was agreed on, and an invoice given, to him—the cheque was afterwards returned to me by my bankers, dishonoured.

Cross-examined by MR. SLEIGH. Q. Did you cross it? A. He crossed it, but I think the name was put in afterwards—I received it from him in payment for the coffee, believing that it would be paid.

FREDERICK JOSEPH COWELL . I am a clerk in the Borough branch of the Royal British Bank. I produce the book containing the notices of cheques which are returned—I know the state of the prisoner's account.

MR. SLEIGH. Q. Are the books containing his account here? A. No—I know nothing except from the books—(The witness was here directed in fetch the books, that another indictment might be proceeded with.)

NOT GUILTY .—(See page 393.)

Reference Number: t18560616-612

612. JOSEPH MERRIDEW , indecently assaulting Anna Jemima Hicks, on 4th June . MR. SLEIGH conducted the Prosecution, and MR. RIBTON the Defence.

NOT GUILTY .

Reference Number: t18560616-613

613. JOHN SMITH , robbery on George Gough, and stealing from his person one ring, value 15s., and 3s. 6d., his money.

GEORGE GOUGH . I am a ship's steward, and live at No. 15, St Alban's-terrace, Vauxhall-bridge-road. On Saturday, 10th May, I was returning home, and passed Golden-lane about 3 minutes past 12 o'clock—there is a public house at the corner of the street, and the prisoner and two females were trying to get in at the door, which was closed—I tried to get in, but they would not let me in—one of the females said that she knew where she could get something to drink; the observation seemed addressed to me—they went down Golden-lane, and I followed them—we turned into a court, and the prisoner stepped behind me, put his hand round my throat, and almost throttled me—3s. 6d. was taken from my waistcoat pocket, and a gold ring off my finger—when I recovered myself I walked into Golden-lane, and saw a constable, who took me into several houses, and I picked out the prisoner from about fifteen others—I had been drinking, but was perfectly sober.

Prisoner. Q. Had not you been drinking all night with the girls? A. No, I did not speak to them—I mentioned the lees of my ring at the station house.

DANIEL DELLON (City policeman, 118). I was on duty, about 20 minutes past 1 o'clock, and the prosecutor complained to me—he was sober then, but appeared to have been drinking very much the first part of the night—he seemed to know what he was about perfectly—I took him to two or three lodging houses, at one of which he pointed out the prisoner—there were several others in the house.

Prisoner's Defence. I was at home from 7 o'clock, and never moved out of the house; he took me for a contrary man; I had been five weeks ill with an abscess on my windpipe.

GUILTY .

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

JOSEPH MARSHALL (City policeman, 461). I produce a certificated (Read:

"Central Criminal Court; John Welch, Convicted, Aug., 1853, of stealing a handkerchief from the person; Confined nine months")—the prisoner is the person—I had him in custody, and had known him some time previous.

GUILTY.**† Aged 25.— Four Years Penal Servitude.

Reference Number: t18560616-614

614. WILLIAM SKINNER and HENRY WOODRUFFE , stealing 12 baskets and lids, value 2l. 2s.; the goods of Marian Benjamin: to which

WOODRUFFE PLEADED GUILTY . Aged 54.—Recommended to mercy by the Prosecutrix.— Confined Two Months.

MR. LEWIS conducted the Prosecution.

JOSEPH ROBERTS . I am foreman to Mrs. Benjamin, of Lower Thames street. I remember calling at Bakers-buildings for Mr. Wheeler, after twelve baskets and twenty-four lids, and as I was going I saw Skinner, and asked him if the van had been out that morning—he said that he had been with two boxes to Woodniffe's son—I asked him if any of the cane baskets had been taken out, he said, "No"—I told him that a person had called at the shop and told us that there were some at the marine stores in Willow-walk, and asked him if he knew anything about it—he said that he was positive they did not come from there—I went to Willow-walk, and saw the baskets, and Wheeler said they were Messrs. Benjamin's property—we never sell any of that class of baskets, they cost half a crown each—I returned to Bakers-buildings, and then went back again with an officer to Wheeler's—we then went to a house in Brick-lane—Skinner and Woodruffe were brought together, and I said to Wheeler, "Which is the man that you bought the baskets of?" and he pointed to Skinner—I said, "These are Mrs. Benjamin's property, I must give you into custody"—he made no remark, and the officer took him to the station—I went to Skinner's house with the officer, to see if there was any more property there, and Woodruffe was close to the door—I gave him into custody.

Skinner. Q. Did I deny selling a basket? A. I never asked you the question—I asked you if any cane baskets had been taken away that day, and you said, "No."

COURT. Q. Was Woodruffe in the employment? A. Yes; he had charge of, the baskets—Skinner was a working man about the premises.

The COURT considered, that in the absence of a Count for receiving, there was no evidence against

SKINNER.— NOT GUILTY .

Reference Number: t18560616-615

615. WILLIAM DARKIN , stealing 2 sheets, 1 looking glass, and 1 candlestick, value 10s.; the goods of Joseph William Wilson.

MR. HORRY conducted the Prosecution.

JEMIMA WILSON . I am the wife of Joseph William Wilson, a candle-maker, of . On 12th May the prisoner came, accompanied by a female, who he said was his wife—I let him a room—he came in on Monday, and went away on the Friday following, and the woman also—the postman brought a letter from Scotland-yard, I went up stairs with it to the prisoner's room, and I missed a pair of sheets, the bed sacking, a candlestick, two portraits, and a looking glass; they are worth 9s. 6d.—I did not see the prisoner till he was taken.

Prisoner. Q. How many days was I there? A. I do not know; I went up with the letter, found that you did not answer, got a key, and opened the door—there are four other lodgers, but each has his own room.

MR. HORRY. Q. Was it the prisoner's custom to lock the door when

they went out? A. Yes—I saw the prisoner on Thursday, but not on Friday.

JOSEPH DAVISON . I am a shoemaker, and lodge at Mrs. Wilson's. I remember the prisoner coining to lodge there, on Monday, and on the Tuesday I saw him going down stairs with a bundle, by himself—he went out with it, and again on Wednesday—the female who was with him locked herself in both times—on the next morning I saw them both; the female looked the door, and took the key out with her—they had no bundle then—I saw no more of them.

JOHN GUNN (policeman, Q 8). On 14th May I apprehended the prisoner: and a female, at their lodging in Back-street, Row—they were charged by Mrs. Wilson, at Bagnigge-wells, with stealing sheets—the prisoner said, that whatever was done he would take the blame on himself, and it would not rest upon his wife—they were remanded for a week, and allowed to go on their own recognizances—at that time Davison had not been examined—they did not surrender—the prisoner was. taken at Lambeth during the week, and the female has not been taken yet—I searched their room, and found some duplicates, but not relating to this charge.

(The prisoner produced a written defence, stating that the woman he lived with deserted him, taking like articles with her.)

GUILTY . Aged 21.— Confined Nine Months.

(There was (another indictment against the prisoner.)

Reference Number: t18560616-616

616. GEORGE RUFUS BARNES was again indicated (see page 390 for unlawfully obtaining, by false pretences, of John Thirlby, 1 ton of sugar; with intent to defraud. MR. THOMPSON conducted the Prosecution.

JOHN THIRLBY . In May, 1855, I was in partnership with Mr. Kitcher as sugar agent, at No. 1, Mincing-lane—on 16th May the defendant came, and I sold him two half tons of refined sugar, for cash—(I had told him that we never gave credit when he first applied, about six weeks before)—on Thursday evening he called for the delivery orders, and gave me this crossed cheque on the Borough branch of the Royal British Bonk, for 471.—I gave him the delivery orders for the two separate half tons, and told him I did not like crossed cheques by town buyers, but I took it—it was afterwards returned to me dishonoured—I should not Have parted with the sugar an any other terms than cash—it came to 50l. odd—he asked me what he should draw it for, and I told him 47l.

CHARLES JAMES SCOTT . I am a clerk in the Borough branch of the Royal British Bank. I produce the book containing the account of, the prisoner—the whole of these entries are in my writing—the account was closed on 21st May—on 14th May, 1855, the balance to the prisoner's credit was 11s. 8d.—there was no payment to his credit after that.

Cross-examined by MR. SLEIGH. Q. It commenced on 31st Jan., 1855? A. Yes—the amount is 580l. 7s. on each side—this is the ledger, I have brought no other book here—the other books are copies of this—the journal is not the authority on which we make out the ledger, we make it by slips and cheques—the particulars of the slips are entered in the journal first, and in the ledger afterwards, but the journal is not taken from the ledger—each customer pays in money with a slip of paper, and the slips of each customer are sorted—I have not brought, the slips here.

COURT. Q. Had he a pass book? A. Yes, that would be in his custody—(MR. SLEIGH stated that no notice had been given to produce it).

FREDERICK JOSEPH COWELL . I am a cashier at the Borough branch of

the Royal British Bank. I have an entry here of a cheque drawn by the prisoner in favour of Mr. Thirlby for 47l.; it was refused payment because there was no money—these three other cheques are all of the 17th; they all bear the prisoner's signature, and are for 50l., 30l., and 47l.—they were returned dishonoured, for want of assets.

JOSEPH HUGGETT (City policeman, 23). The prisoner was given into custody but not to me—I bad some conversation with him relative to the case—he said that the goods were purchased in the City on the 17th, and delivered to him on Friday the 18th, at his shop in Bermondsey-street; that he closed his shop on Friday night, and it was not opened afterwards—I have been engaged looking after the prisoner, but found that he had absconded from his private residence, and his shop was closed.

(MR. SLEIGH contended that there was not sufficient evidence to go to the Jury, the allegation in the indictment, that he knowingly pretended that he had money in the bank, not being sufficiently negatived by evidence, that he could not be bound by the entries' in the books, which he had never seen; and that it was the duty of the prosecution to make the case clearer, by producing the slips, showing that there was no greater sum paid in than was represented in the books, which they had omitted to do. The COURT, having consulted the learned Judges in the other Court, considered, that in the absence of the prisoner's pass book, the case failed, as he might have supposed that he had a balance.)

NOT GUILTY .

OLD COURT.—Thursday, June 19th, 1856.

PRESENT—Mr. Justice COLERIDGE; Mr. Justice CROWDER; Sir JOHE MUSGROVE, Bart, Ald.; and Mr. Ald. LAWRENCE.

Before Mr. Justice Coleridge and the Fourth Jury.

Reference Number: t18560616-617

617. WILLIAM LEWIS was indicted for that he, on 18th Feb. on the High Seas, feloniously and practically did consult with certain mariners on board the ship Stebonheath, to run away with the said ship.—Other COUNTS, for attempting to make a revolt in the ship.

MESSRS. BODKIN and POLAND conducted the Prosecution.

WALTER BOLITHO . I was a seaman on board the Stebonheath. I did not go out in her, I joined her at Melbourne—she was an English ship, belonging to the port of London—I went on board on the 29th Jan., in the present year—the prisoner also shipped as a seaman on board the vessel—he joined at Melbourne, about a fortnight after I had joined—I never saw him before he joined the ship; he was on board two or three days before we sailed—we sailed on 17th Feb.—the crew consisted of about thirty-two altogether—I cannot say the number of passengers exactly, there were upwards of twenty; twenty or twenty-five, I think—there were some women—we had a large quantity of gold on board, it was said to be two tons and a half—on the morning of the 18th I was at the wheel from 8 to 10 o'clock—while I was there the prisoner came on the poop to do some work—he asked me if I would like to have charge of this here, meaning the poop, putting his foot on the deck—I did not make him any answer—nothing more passed at that time—on the evening of the same day I was on the look-out in the forecastle heads, from 8 to 10 o'clock—the prisoner came there—he asked me if I had been to Callao, or on the coast of Peru—I said, "No," I never

was round that part—he said, "I have been a long time knocking about there; I have been under the Peruvian government at the time they were at war with the Chilians; I thought to make a d—fine thing of it, for when I joined I agreed to have forty-eight hours' plunder after we took the town; we went up at 12 o'clock at night, and began to fire on the town; we fired too high, and they took the steamboat from us; we were all took ashore, and allowed 6d. a day for eleven weeks, thinking that we should join their service; when they found we would not join, they stopped our money, and twenty of us went down the river and joined the Peruvian service again; we took a canoe; there was a man and two women in it; we made them get out, and proceeded down the river, and joined the Peruvians again in another steamboat"—he said, "We were lying at anchor at 12 o'clock at night, and the soldiers on board, being mostly Chilians, took the steamboat from us; I was asleep on the quarter deck when one of the English sailors came to me, and awoke me, and told me that she was in the hands of the soldiers; I then got up to try to get for'ard, but the sentry aft stopped me; I then, being able to talk Spanish, got over the sentry aft; I then got for'ard, and the sentry for'ard stopped me from going down; I then got over the sentry, and got below; when I got down below I found them all asleep; I awoke them, wanting for them to try to take the ship back again; they asked me how I was going to manage it; I said, "You have plenty of ammunition, and I will go up and shoot the sentry aft, and when you hear the report of the pistol, shoot the sentry for'ard;' when I got aft I found them plundering the cabin; there was a writing desk which I knew to be the captain's; I took the butt end of a musket and broke it open; there were fourteen ounces dropped out, and I picked up seven out of it; I then fired, and shot the sentry, and them for'ard, hearing the report of the pistol, fired at the sentry for'ard, but missed him, and did not try it again; next morning we was took ashore, and shoved in chokey"—that is a nautical term for "in prison"—"we thought we should have been shot, but we were only made well fast; I and twenty more broke out of prison, then took a schooner lying above the fort, and battened all hands below, and slipped the cable, and passed the fort very nicely until we came to the guard ship; they hailed us, I answered them in Spanish; we were ordered down to the mouth of the river, and next morning we had a nice offing; we fell in then with two small craft, coming back from selling their cargo; we hoarded them, and took their money, and sank the vessels; we then went on the coast of California, thinking to meet some of the money vessels coming up the coast; we were there three weeks before we fell in with one, we boarded her, and found she had 7,000 ounces of gold on board; we took the gold, and served her the same fete as the two vessels before; we then came to Callao; after that we lost the schooner on the reefs, but saved the money; I and two or three more then shipped for England, and arrived in London, and then came out here, "meaning Port Philip—he then asked me how I would like to be at that game—I said it would do very well, if I could always get clear—he then said, "It will be a go if we are pressed, or taken by the Russians; it will, be a d—fine prize, two tons or two tons and a half of gold; how would you like to go shares with it yourself?"—I said, "I should like if very well, but that will never come to pass"—he said, "It could be done very easy; if you will only stick to me, I will have it before forty-eight hours, for I have come on board on purpose for it; what do you say? it must be done, and shall be done; that is the word, "stamping his foot upon the deck—I said to him I did not think it

could be done—he said, "Who is there here that you care about; there is nothing here but a lot of old b—s, that ought to have been out of this world long ago"—I then asked him bow he was going to manage it—he said, "There is not a man in the forecastle that will refuse a glass of grog; give them a dose, and they will not know of it, and we will put them all right; the look-out, we will pass him overboard, and then we will cut the back rope, go aft, and ask the second mate, the officer of the watch, to come for'ard, and serve him the same as the look-out, and they are settled with, out any more noise"—he then asked me if I was frightened to take a life—before that he said, "There is no one but the boatswain and the carpenter then to fear about; a small bit of steel will settle them"—he then said, "Are you frightened to take a life?"—I said, "I never have done it yet"—he said, "I won't ask you to do that, I will do all that myself; do you think another one would do better, so as to have one on each side of the deck?"—I said, "Yes"—he said, "Who can you pick on?"—I picked on a man of the name of Whittington, it being his next look-out to relieve me—I did not tell him that Whittington was the next look-out, but I picked upon Whittington because it was his next look-out—before this passed about Whittington, he said, "After the captain and mate is out of the way, we will then go aft, and haul up the ladder, and lay it across the; hatch, so as no one can come up from below; I know who sleeps in every berth, and where the arm chest is, and I will load everything in the arm chest, and then tell the passengers that the ship is in the hands of the crew, and they will think all hands are in it; then I will go into the rooms, and pick them off as I want them"—he said be would shoot the captain and mate, and he should have twelve shots left after he had shot them—I asked him if he would kill the women too—he said, "Only the old women, we will keep the young ones until we get on the coast of Peru, and when we get the gold in the boat, we will scuttle the ship, and let the women go down with her; we can then bury the gold in the sand, and we can either go to the Salt Lake, or take the steamboat to Panama, and then we are all right; it is only a bold stroke, and it is ours as easy as anything"—he then began with Whittington—four bells struck, and Whittington came—during this long talk, I drank twice with the prisoner, it was brandy—the prisoner had it, he get it from a keg standing on the forecastle head, where we were standing—he took it out of that—when Whittington came up, the prisoner said to him, "We shall be a fine prize for the Russians to fall in with, Tom"—that was the first thing he said to him—he gave Whittington a pannikin of brandy, and said, "How would you like to have your share in it?"—Whittington drank the brandy, and it made him sick, and he said, "D—it, that is brandy sure enough"—he said, "Yes, that is the real stuff"—Whittington said if we were taken by the Russians be would volunteer until we fell in with a British man-of-war, or else we should get cooked—the prisoner then said to Whittington, "What do you say, will you join? there is a way of getting of it, if you will only stick to me, I will sign the contract with my heart's blood; what do you say to that, Tom? will you join? for there was never a better ship came out of Melbourne or Hobson's Bay, that will be easier took, for when the captain and mate is out of the way, I will have charge of the ship in ten minutes"—he said, "There is not a man in the forecastle that will refuse a glass of grog, is there?"—Tom said, "No"—he said, "With some stuff, I can give them a dose, and she won't know of it; they won't get over it just directly"—Whittington asked me what I thought of it—I said I did not think it could be managed

—the prisoner asked Whittington how many he wanted to join—he said, "Not lees than half a dozen"—the prisoner laid, "Who can you depend upon?"—Whittington said, "Not one"—he said, "It has got to be done, and it must be done, for I have come on board on purpose for that, and nothing else, and the sooner it is done the better, for the ship shall never take me round the Horn, nor neither to London'—he said, "I shall load my revolvers to-morrow, and I shall not unload them until they hare done execution"—he said to Tom, "You load yours, but clean it first; you need not be frightened at a pistol; you have been in the Ballarat riots"—Whittington said he was no more frightened of a pistol than he was—the prisoner said he knew that, and that was the reason he put it to him—he said we would get the gold in the boat, and bury it in the sand—he told the same to Whittington as what he had told to me, and after the gold was buried in the sand he would scuttle the ship—eight bells then struck, and we separated—on the following morning (Tuesday, 19th) Whittington and I were on watch together on deck from 4 o'clock to 8, and we had some talk together about this; the prisoner was not there—he was in the same watch till we went below—I had no talk with the prisoner till we went below—that was from 8 o'clock to 12—we were then off watch—he was then kneeling over his hunk, after breakfast; he beckoned to me, and I went there—he took out two revolvers, and said. "What do you think of them I"—there were six barrels to each revolver—there were also two single barrelled pistols, and two daggers, and two or three small bottles—when he asked me what I thought of them, I said they were stunners—I said "I see you are well prepared for it"—he said, "By G—, they have never deceived me yet, and they are not going to do it either; I am a dead shot with either of these pistols"—he showed me how the pistols worked—he said, "I can discharge every one of these barrels as quick as I can Work my finger"—I then saw him feed the pistols—he loaded them with balls—in some barrels he put two halls, and in some one—he did not load them all—I only saw him load the two six-barrelled revolvers—I did not see him load the single pistols; I do not know whether they were loaded—lie then put them into his bag, and put it into his bunk, where he slept—it does not shut down or shut up in any way; it stands about five feet off the deck—I asked him what was in them bottles—he said, "Ton can judge," and carefully put them back again into the bag—I saw that the bottles were full of something; it was a liquid—in the course of that day one of the crew went to the boatswain for some spun yarn—he gave it him, and said he must be very careful of it, for they must soon begin to make some—the prisoner laid to me, "Do you hear that? if he lives to see any span yarn made, I am deceived"—on the following day (Wednesday, 20th) the prisoner came to me, as I was coming from the wheel, and said he was frightened that Whittington would have nothing to do with it, "but b—him, we will get his revolver, and then we don't care whether he joins or not; we will talk it over in the next watch; we can settle Whittington; don't you think you and I can manage it?"—I said, "No"—he said, "I will go and sound Jonathan," meaning a seaman of the name of Hugh Kent, who went by the name of Jonathan—he then went over to Kent, who was on the other side of the deck, and had some conversation with him, which I did not hear—while he was with Kent, Whittington went over to him; he came back, and said that they had some brandy there, and the prisoner had asked him to have some; after that the prisoner came over, and said, "It is all right, I find he is staunch as a piece of iron, and we don't care whether Whittington jobs or not now;

what do you say now for to-morrow night? we are far enough to the south'ard; she is just under the canvas I want; that will do all the way to the coast of Peru; there could not be a better time; they are all sick in the cabin; I hope you are not funking upon it; we will have it tomorrow night"—I said, no, I was not funking on it—he said, "That is right, for I have got everything ready, everything prepared"—he said, "You are not frightened of a pistol? I have stood before four armed men, and told them to stand, and made them deliver up everything they had got, and they were glad to get away with their lives"—I asked him where about was that, and he said it was on the Avoca diggings—I asked him how long he had been out here—he said, "Four years, but I have been in England since"—after this I asked him what he had in the bottles—he said it was laudanum, and mentioned some other stuff which I forget the name of—he said that he would put that in the brandy, and that would make all hands quiet enough—with this brandy he was going to have a birthday, and the laudanum and the other stuff he was going to put in this, and hocus the crew for'ard—he said, "There is Jack, Long Jem, Phillips, and Harry Bluff; we will give them an extra dose, so as to make sure of them"—on the following evening; Thursday, the 21st, I was on the look-out, on the forecastle end, from 6 to 8 o'clock—the prisoner came up to me, and said, "Well, my chief officer, what do think of it now T—I said, "As much as ever I did"—he said, "What do you say for to-morrow night? there can't be a better time, and we are far enough to the south'ard"—I told him that he had better leave it alone altogether, for I should have nothing at all to do with it—he then said, "I would as soon go down now and shoot myself as not; it is Whittington that has been persuading you off it"—I said, "No, I wanted no persuasion"—he said, "I will be revenged on him; if it had not been for you and Tom, she would have been in my hands long before this; all that I am sorry fat is that ever I spoke to a soul on board"—he then said, "If I can depend on you and Whittington, she shall be in my hands before Saturday morning, at 4 o'clock, or else I will be a corpse in that cabin; I have been stopping on shore six weeks, waiting for the Hong Kong escort, but, as there was no gold shipped for China, I took this, being the first chance"—Whittington was not present at this conversation—when I came off the lookout at 8 o'clock, I told Whittington to look out for himself, and told him what had passed between me and the prisoner—on the Friday morning I saw the captain and mate, and made a disclosure of this; Whittington went first, and reported it to the mate, and then we were both called in together to the captain—it was on the Thursday evening that I had the last talk with the prisoner; I came off the look-out at 8 o'clock, and saw Whittington that same night; I think it was from 12 to 4 o'clock—it was about 9 o'clock on Friday morning that I saw the captain.

Cross-examined by MR. GIFFARD. Q. You joined, I think you told us, about a fortnight before the prisoner? A. I cannot say exactly about that, the ship was not loading the gold at that time, it was loaded two or three days before she sailed—it was the prisoner that told me there was two tons and a half on board; that was on the Monday after we sailed—I did not know before that how much gold there was on board—I had seen the gold coming on board about two or three days before she sailed, I cannot say to a day; I lent a hand to take it on board—I think it all came on board the same day, I am not sure—the prisoner and I were strangers; we had never seen each other before we joined this ship—I had been a sailor before—I had sailed in ships with gold in them before—I came home in a ship with

gold once before, I do not know what else was in it—it was on the Monday after we sailed that the prisoner first spoke to me—we left Port Philip on the Sunday—I had conversed with him before, but Monday was the first time he spoke about this matter—all he said that morning was, "How would you like to be master here? "putting his foot on the poop; it was on the evening of the same day that this long conversation took place—I have been examined before the Magistrate on this charge—he told me of his having fallen in with a schooner having 7,000 ounces on board, and that they scuttled the ship—he said, "The dead tell no tales"—he did not say they had murdered the passengers and crew, I understood that they were sunk with the vessel and drowned—I did not tell him anything about what I had done—I did not say that I had run away with a British ship that had 700l. worth of jewellery on board, I swear that; nothing of the sort, I did not tell him anything—I had no revolver, I swear that, nor any gunpowder, nothing of the kind—my bunk was not searched.

Q. On this Monday night, when he told you what the plan was, how many persons did you understand were to be murdered in the course of it t A. I did not know he was going to kill all hands forward, and he was going to shoot them aft—those forward were to be focussed, he was going to give them a dose that would make them quiet enough, those aft were to be killed, and those forward first drugged with laudanum, and then thrown overboard—I cannot say what the boatswain's name is, most likely he is here, I have not seen him to-day—I do not know the man's name that went for the spun yarn; he is not there—it was on the Thursday that the prisoner addressed me as his chief officer—it had not been arranged at all that I was to be chief officer, nothing of the sort had been said before then—I had said that it would require a "good scholar to navigate the ship—I think I said that on the Monday night when he was talking to Whittington—Whittington said, "I could do that, but we shall never be strong enough" Whittington told him he must see his way clearly before he went in—I did not say that we wanted more help—I swear that—I did not mention to any person what the prisoner had said to me, between the Monday night and the Friday morning—I was present on the Wednesday night when the conversation took place between Whittington and the prisoner—it was then that the observation was made about Jonathan—I was called away to go to the wheel, I did not hear all that passed—Whittington said it would be better to leave it alone, that he would have nothing to do with it; I did not stop after that—I cannot say what the answer was—there was a good deal passed that I cannot recollect—I saw Whittington's revolver; it was kept in his chest before it was taken aft—there were a good many on board that had revolvers, either a single one or else a revolver, a good many diggers coming down from the diggings—I told the prisoner on the Thursday even-ing that he had better not do it—I did not tell him so till then—I was very much shocked when he proposed this to me—I did not tell him so—I did not say there was not enough of us to do it, not at any time; I am sure of that—when I went and made a communication to the captain, the prisoner was at the wheel—the ship was then under sail—the bag which the prisoner had was in his bunk, it was tied, the place was not locked, there was nothing to prevent any one going to it—the prisoner had been at the wheel about an hour when I went to the captain, or when Whittington went, when we were both called in at 9 o'clock, he went there at 8—I never told Whittington in the prisoner's presence that I had taken 700J, worth of jewellery out of a British ship—that I swear, nothing of the sort—I and Whittington had

not known each other before we joined the ship—the prisoner showed me how his revolver worked; I have had one in my hand before, but never used one, or had one—I have been at the diggings at Mount Blackwood; that is in Victoria district—I was there nine months this last time—I had not been there before, I bad been at Bendigo—I was there about nine weeks—those were the only two diggings I had been to—I was working there in partnership; there was a company of nine of us at Mount Black wood—at Bendigo I had one partner, a sailor man, named John Richardson—that was four years ago—I went by the name of Bolitho there, and also at Blackwood—I can show you my miner's license to prove it, I have not got it with me—my father was a Cornish man—I know what the eye blight is, I have seen a good many with it; it is generally more on the roads than it is on the diggings; I mean in walking on the road, from so much dust flying—dysentery is very common there—the miners do not take laudanum and water for it; I never saw it taken, or applied to the eye, and never heard of it; I generally saw eye blight cured with lump sugar—I do not know what they use for dysentery, I have seen some with dysentery—I never saw any laudanum used for it—I do not know that the miners many laudanum with them for the purpose both of the eye blight and dysentery; there are plenty of doctors' shops on the diggings—I do not know what they get for it—that I swear—I have never heard of it as opium, I have heard tell of laudanum, but do not know at all what it is used for—I never heard tell of its being used on the diggings for dysentery, or eye blight, or to put in the water to drink.

MR. BODKIN. Q. You have been asked whether you were not very much shocked at the proposal that was made to you, and you say, "Yes"! A. Yes—I did not say so—Whittington wanted to go aft, but I said, "You had better hold on till you find out what stuff he has got in them bottles"—I never intended to join in this, on my oath.

THOMAS WHITTINGTON . I was a seaman on board the Stebonheath I joined at Melbourne, the day before Bolitho—I had not known Bolitho before joining the ship—we sailed on Sunday, the 17th—on the following day I relieved Bolitho at the look-out, at 10 o'clock at night—he remained on the forecastle after I relieved him; the prisoner was there, and he remarked that it would be a fine prize for the Russians to fall in with—I said, laughing, "Yes," and that I would volunteer till we fell in with a British man-of-war, or else we should get cooked—the prisoner said, "Here is a nice pile here, how would you like your share of it?" at the same time he held a pannikin, and told me to take a robber—I drank, and it made me quite sick, and almost took my breath away—I said, "D—it, that is brandy, sure enough"—he said, "Yes, that is the real stuff;" he then asked me again how I should like a share of it, and told me there was two tons on board—he did not say particularly of what, but he was speaking of money or gold, and there was a way of getting it—he said, "There are three of us, and if you two will stick to me, I will sign the contract with my heart's blood"—I then asked Bolitho what he thought of it—he said he did not think it could be done—"No," says I, "I must see clearly before me before I go in"—I then told Lewis that we were not strong enough—he asked me how many we wanted—I said, "Not less than half a dozen"—"Well," said Lewis, "it has got to be done; I am prepared, and came on board for nothing else," and he swore that he would never go round Cape Horn or to London in her—he said, "I could do it alone, but it is too much for one; by G—we will have it without a soul for'ard knowing about it; I

will be master of the cabin in fire minutes"—he then, told me to drink again, and rise my spirits—I told him I must hare some water with it if I did, and be asked Bolitho to fetch some water; some water was brought, and he mixed it, and I drank—after I had drunk, Lewis asked me what I said about it—I told him that I would like it if he would show me clearly how we could go about it—"Well," says he, "there was never a better ship ever come out of Hobson's Bay, and there is not a man in that forecastle that will refuse a glass of grog, is there?"—I said, "No"—"Well," says he, "with this brandy, and some stuff I will put in it, I will give them a dose, they will sleep, and not recover just directly; you have got a revolver, and I have plenty of arms; I will give Watty (meaning Bolitho) one revolver, and you stand in one gangway and him in the other, and if any one stirs shoot them"—I then asked him where would the look-out be—he said, "Oh, he is soon settled, and then we can tell the second mate that the back rope or something is gone for'ard, he will come for'ard, looking over, and we will pitch him off, and all them is settled without the least noise; I will then go aft, I know who sleeps below, where the arm chest is, and the captain and mate I will settle them quietly, it is time they were in hell long ago; I will then haul up the ladder from below, so as they cannot come up, and tell the passengers the ship is in the hands of the crew, if they come out I will shoot them, for I am a dead shot"—he laid he would then have command of all—"As for the women," he said, "we will save them till we scuttle the ship; you can run her down to the coast of Peru, and then get into the boat, get on shore, and bury it for a bit in the send"—Watty made a remark then, that it would want a good scholar—I said, "That I can do, I can run her down there"—Lewis then-asked me if I would join—I told him I would let him know on the next watch—he said that I had been in the Ballarat riots, and I did not ought to be afraid of a pistol—I told him that I was no more afraid of a pistol than he was—he said he knew it, and that was the reason he put it to me—he then asked me if I knew who had pistols in the forecastle—I told him I only knew of two or three—he said, "We must bring it up, and get them all"—he then told me to go and lie in my bunk and consider of it, for it would have to come off to-morrow night in the middle watch—I had a revolver which I kept in my chest—the prisoner told me he should load his fire arms, and told me to load mine, but clean it first—I then went to my bunk—next day, Tuesday, I had the forenoon watch in the morning, and the dog watch in the evening—I saw Bolitho while I was on the forenoon watch, and had some conversation with him—I saw the prisoner again on the dog watch, from 6 to 8 o'clock—after having the conversation with Bolitho, I turned in; I went below and saw the prisoner, he was kneeling on the outside bunk, and leaning ever his bunk, the inside one—Bolitho was there, in his own bunk—after that I had a watch from 6 o'clock till 8—the prisoner came to me then and said, "Well, chummy, have you made up your mind yet?"—I said, "Lewis, you had better leave this alone, three of us will never do it"—he said, "I will try another, will that do?"—I said, "No," six was little enough—he then told me that I wanted more pluck, and asked me what sort of pluck I had in the Ballarat—I told him I had as much as was needed there—he said, "I have got courage enough for a dozen, if I could shove it into you; I have bad shots flying about my head like music"—I said, "Weil, you will never manage this, and I think I will give it up"—he told me to think of it again—he told me he would try Jonathan, meaning Hugh Kent—I said, "No, don't, or you might sell yourself"—he than left me—I was on duty

again next night (Wednesday) from 8 to 12 o'clock—the prisoner came to me in the latter part of the watch, and said, "I spoke to Jonathan, and he is firm"—I said, "You have?"—he said, "Yes"—I said, "Then it will go aft, don't you see how he is always praising the ship up?"—he said, "Oh, that is nothing"—Bolitho came up to us then, and Lewis told us again the same as he had been telling to me; but said he did not tell Kent that we were in it, but that he was going to do it, only tried him whether he would do such a thing; and he said, "I am sure he will join"—I said, "I will have nothing to do with it," but I told him it was safe, and it should go no further—that was all that took place then that I recollect—I then turned in—this was on Wednesday night—on the Friday morning I went to the mate, a little after 8 o'clock, and told him what had happened—the prisoner was then at the wheel—the mate was in his state room—before I went to the mate, I had seen and spoken to Bolitho, a very few minutes before—I was told by the mate to come into the cabin and report it to the captain—I and Bolitho went in together, and the prisoner was taken into custody.

Cross-examined. Q. You have been at the diggings, I believe? A. I have; several, Friar's Creek, Avoca, Ballarat, Pyrenees, Daisy Hill, and the Amphitheatre; no other that I am aware of—I went out in 1853—I was two years altogether at these different diggings—I was at Ballarat at the time of the riots—the prisoner heard me speak of that in the forecastle—there was no place called the Baker's Arms burnt down in the riots, nor set fire to—I did not tell the prisoner that I set fire to the Baker's Arms—(The witness was cautioned by the COURT that he was not compelled to answer questions which might tend to criminate himself)—I have been talking about the note in the forecastle—there was a house burnt down—I had nothing to do with the burning of that house, I swear that—I never told the prisoner that I had, nor anything of the sort—I was present when it was burnt; I saw it, I was looking on—at one of the conversations Bolitho said it would want a good scholar, to navigate the ship, I understood—I said I could run her down there—we had a dispute about more help; Bolitho said the help was not strong enough—he did not say, "We want more help;" he said there was not help enough—Walter, and me, and Lewis were disputing about more help—Walter held with me that there was not enough, Lewis said there was plenty—this was on the Tuesday, from 8 till 12 o'clock—it was on the Tuesday, in the dog watch, that Lewis said he would try Jonathan, and I said, "Don't do that, or else you will sell yourself;" or something of that sort—I told him that because I was frightened it should go further before it went aft—T did not know anything about whether Kent would join; I was afraid it would go further among the crew, before it went aft—by "going aft "I mean going to the captain—I have heard Kent praising the ship in the forecastle—I do not know that he was always doing it, I have heard him very often—it was true that he was in the habit of praising the ship.

Q. Therefore you thought it was unlikely that he would join? A. I did not think anything about it, I did not know, I could not say—I never knew him before, he was quite a stranger to me—I did not know what the man was—when he afterwards told me that he had spoken to Kent, I said, "Then I will have nothing to do with if—I got my revolver in Ballarat, not at the time of the riots, long before—people want them there for their own protection—the miners there suffer from dysentery at times, and eye blight; I have had bad eyes myself—I used sulphate of zinc to cure them

—I have not had dysentery—I do not know what the miners use for dysentery—I was never in company with any that had it—I hive heard of them having it, but I never knew what they used—they very often went to town for advice—I do not know that at the remote diggings they take things with them for curing their complaints, I always got what I wanted there—I have not known laudanum taken in water for dysentery, nor for eye blight; I never heard of it; I am quite sure of that—I signed articles on 29th Jan.—I believe I went on board on 1st Feb., I am not certain—I never saw Bolitho before he came on board the ship; that was the first time I ever saw him in my life that I know of; he came on board the day after me—the prisoner joined more than a few hours before the ship sailed, I do not recollect the day he came on board, I did not take particular notice—I will not swear it was more than a day before we sailed—I and Bolitho were not more together than any of my other shipmates that I know of—we saw each other two, or three, or four times after the Monday night; he and I alone together—I did just see the revolvers that were taken from the prisoner's bunk, one day on the cabin table, but not to see what they were perticularly—I know Colt's revolvers—you cannot draw the charge of them very well—I never tried—I always fired them off when I wanted to discharge one—you can draw it if you like, there are plenty of ways of drawing the charge—I believe I could draw a charge out of Colt's revolvers, though I have never tried it.

MR. BODKIN. Q. You said that you were afraid this matter would get farther before it got aft; what did you mean by that? A. I was afraid it would get among the crew; I wanted the captain to know it before it went any further, as I did not know the crew; they were all strangers to me—I never had the least intention to join in this at all.

MR. GIFFARD. Q. In any of these conversations we have heard of, have you heard Bolitho say anything about a vessel that had 700l. worth of jewellery in it? A. No—I never beard such a thing, he never said anything to me at any time about it—I never heard him mention anything about a vessel that had 700l. worth of gold or jewellery on board, nor a large amount—I never heard anything more than Bolitho said that Lewis had told him that he (Lewis) had took a ship with 7,000 ounces of gold, and two market boats as well—he never told me anything about his being in a vessel in which there was a large quantity of gold or jewellery, not at any time.

HUGH KENT . I was a seaman on board the Stebonheath. I joined her at Melbourne about three days before she sailed—when I came on board they called me a Yankee and Jonathan—I am not a native of the United States—on the Wednesday after the ship sailed, I was walking on the starboard side of the deck with three others, when Lewis came and touched me on the shoulder, and asked me would I have a glass of brandy—I said, "Yes," being cold—I went with him down to leeward, and sat on the top of a water cask—he handed me a pannikin about three parts full of brandy—a pannikin is a tin thing that we take our coffee out of, it holds a pint—I took the pannikin out of his hand, and drank part of it, and I returned him the pannikin, and he drank part of it—he then said, "It is a fine chance here now"—I asked him which way—he said, "There is plenty of gold down below, and we shall fasten the passengers up, and we shall put one man on the captain's door, and one on the mate's door," and he asked me would I consent to it—I asked how many would it require—he said he could do it with four, and he only wanted me—I told him that would not

be enough, I wanted more—he did not mention who the others were, he said he was sure of four more out of the forecastle—with that, Little Tom came up, as we called him, that is Whittington, and the discourse dropped for that time—on the following evening (Thursday) he came to me again, and asked me would I come and have a glass of grog with him, and we went on the starboard side, a little at the far end of the galley—he handed me a pannikin with about three glasses of grog in it—I drank about a glass, he told me to drink more, which I did not—he had told me in the first conversation that he would heave Mr. Harris, the second mate, overboard—nothing passed on the Thursday evening—he was going to tell me who we going to be the persons to take her, but a few chaps happened to be larking, and I jumped off the water cask and ran for'ard, and went in the forecastle, and stopped there—when Whittington came up on the Wednesday night the conversation did not go on, it stopped; he handed the pannikin to Tom to drink out of it, and Tom drank.

Cross-examined. Q. Were you sent for on the Friday morning into the captain's cabin? A. Yes, after the prisoner was taken—up to that time I had not made any communication to anybody—I had not been at the diggings.

THOMAS WHITTINGTON re-examined. At the time the prisoner proposed pitching the look-out and the second mate overboard, there would be the men of the second watch on deck—there would be eleven or twelve of us in the watch, but they might be asleep, or in the forecastle smoking a pipe; it would be their duty to be on deck—there would be ten left, after pitching over the look-out and the mate; of those ten there would be myself, Lewis, Kent, and Bolitho—there would then be six left—the crew consisted of about thirty-three—we were divided into two watches; there was a great many that did not keep watch—it was usual to have eleven or twelve on deck at night—I have known most of us to be asleep when it was a fine night; we are always called by the look-out if ire are wanted.

JAMES CONNELL . I was chief mate of the Stebonheath. On Friday, 22nd Feb., I was in my cabin between 8 and 9 o'clock in the morning—Whittington came to me, and made a communication, and shortly afterwards I communicated with the captain in his cabin—Bolitho and Whittington afterwards came into the captain's cabin, and made a statement in his presence—after that I went on deck—the prisoner was at the wheel—I went behind him, and took hold of him by the captain's orders—he said, "What do you want with me?"—I said, "Oh, never mind, you will know by-and-bye"—I then handcuffed him—the carpenter of the ship was with me.

Cross-examined. Q. Can you tell me when tie prisoner came on board? A. No, I cannot—the articles are here (produced)—fourteen or fifteen is the proper number of men to be on deck at one watch—they are not always on deck, they are in general; it is their duty to be on deck.

JOHN SEBGEANT . I was master of the Stebonheath. She was a ship of 1,014 tons burden—she had a crew of thirty-five or thirty-six men, and twenty-two passengers, there were about eight men, I think, and the same number of females, and the others were children—I scarcely know in what station of life the passengers generally were; some were merchants—there were none who had come from the diggings—we had a large quantity of gold on board, 61,000 ounces—the value of that would be 240,000l. or 250,000l.—these are the ship's articles—Lewis signed articles on 14th Feb.—he would not come on board the same day—I think he came on board a day or two before we sailed—I did not know him before, nor Whittington,

Kent, or Bolitho; they were all strangers—on Friday, 22nd Feb., a communication was made to me by the chief mate, in consequence of which I sent for Bolitho and Whittington—they made a statement to me, which was entered in the official log—I gave the mate directions to seize the prisoner; he was then at the wheel—he was kept in confinement until we arrived in England—I had his bonk searched previous to his being secured—I was not present—a bag was brought to me—I sent the second mate, Harris, with Whittington and Bolitho—the bag contained these things (produced by inspector White)—here are two six-barrelled Colt revolvers, some of them double shotted—the second bullets hare been rammed home with a piece of wood which was taken from the prisoner's pocket, and which is a piece of the ship's side—there are two single-barrelled pistols, loaded—they were not loaded when they were found; the second mate loaded them afterwards, by my direction—all the barrels of the revolvers were loaded and capped—here are two bowie knives; a powder flask, nearly full; a bag, containing five boxes of percussion caps, not full; a bag of bullets, some of them of a size to fit the revolvers, and some not; a life preserver; a quantity of loose bullets, sixty or seventy; a bottle of laudanum; and a keg, containing two quarts of brandy—these things were produced in consequence of the search which I directed to be made—after the prisoner was taken into custody, I told him that if he attempted to escape I would shoot him—he was kept in a place of security, and when we arrived at Gravesend he was taken into custody by an officer—as we came into the Channel, I read over to the prisoner, or the surgeon did in my presence, what had been written in the official log book—I have it have—(read; "Friday, Feb. 22, 1856. Mr. Connell, chief officer, reported to me, Captain Sergeant, that Thomas Whittington had spoken to him of a conspiracy to take the ship. 9 A.M., called Thomas Whittington and Walter Bolitho into the cabin, in the presence of Mr. Grey, cabin passenger, when they made the following statement: Walter Bolitho having the forecastle look-out from 8 till 10 P.M., and Thomas Whittington from 10 till 12 P.M., on Monday, Feb. 18, William Lewis, A.B., came and said, 'If the Russians should take us as a prize, how would you like to have a share of that gold yourself?' at the same time holding a pan with brandy. He then again said, 'How would you like your share of it? it can easily be done; there are about two tons of it' I replied, 'I could not think of it' He said, 'I will have another to join; I have pistols; I will shoot the captain and mate, and then shall have twelve shots to spare; I have a keg of brandy and a bottle of laudanum to set the crew to sleep; we can make away with them after securing the captain, ran the ship down to the coast of Peru, and scuttle her, if you two will stick to me; I will sign with my heart's blood a treaty for you to share; you will have nothing to do but stand at the gangway with a pistol; I will manage the cabin; you must shoot the first man that comes out of the forecastle, if they are not sufficiently dosed; by G—, I will have charge of the cabin before Saturday morning, 4 o'clock; it is time the old mate was out of this world.' William Lewis being at this time at the wheel, sent Mr. Harris, the second mate, with Whittington and Bolitho, to seize the arms in his bunk; they exactly agreed with their description of them, consisting of two six-barrel Colt revolvers, loaded, and in perfect order, two single-barrel pistols, two bowie knives, bullets, caps, and powder")—I made that entry on 6th March, copied from one taken down at the time the statement was made—I took it down at the time from their mouths, and afterwards made an accurate copy of it into the log, and read it over to Whittington and Bolitho—I have not

got the other paper; it was taken down in pencil—upon my reading this over to the prisoner, he said it was false—I think that was the substance of what he said—he did not ask anything about his belt; he did at the Thames police court.

Cross-examined. Q. The list of things found in his berth was not mentioned to him at the time, was it? A. No—Harris went with Bolitho and Whittington to find them—I am certain that the prisoner did not come on board the same day that we sailed; I cannot say when he came on board; I was on shore on business; he must have been on board the day before we sailed, because we started early in the morning—the gold was shipped probably four days before sailing—I was present when it was done; the greater part of the crew that were then on board assisted in carrying it on board.

Q. The prisoner complained, did he not, after this statement was read over to him, of 50l. having been taken out of his belt? A. Not till we got before Mr. Yardley, at the Thames police court; that was the first I heard of it—there was a belt, I think it is mentioned in the official log—it appears to be a belt for carrying gold dust and money—the seamen do not carry these kind of knives; they do carry knives, but not bowie knives—we do not search their chests—I never saw them with a bowie knife—I think it is very unusual for a seaman in our service to have a bowie knife—I do not know whether the gold diggers carry them; I have never been to the diggings—the Colt's revolvers are still loaded—I do not know whether there is a difficulty in withdrawing the charge—I kept them loaded to produce—I scarcely know whether or not there is a rule against discharging pistols in the Bay of Melbourne.

MR. BODKIN. Q. Do you know anything of a China escort being expected with gold about the time your vessel sailed? A. There was a vessel to sail for Hong Kong with gold—I do not know whether or not the gold had come down from the country—it does come down to the banks under escort.

COURT. Q. Does the gold that you bring home come in dust or in quartz? A. In dust; it is deposited in the after run of the ship, not in my cabin—it does not occupy a great space.

DAVID HARRIS . I was second mate of the Stebonheath on her homeward passage from Melbourne. On Friday, 22nd Feb., by the captain's direction, I went to the place where the bunks are—I went to the prisoner's bunk, and there found the whole of the things that have been produced—I took them to the captain—I afterwards loaded the two single-barrel pistols by the captain's direction—I kept possession of all these things until the vessel arrived at Gravesend—I then handed them over to inspector White when the prisoner was given into custody.

Cross-examined. Q. Did Whittington and Bolitho point out to you the place in the berth where you found these things? A. Yes, they handed the things out of the bunk, I saw them take them out, I was alongside of them; they were all in a bag except the brandy and the laudanum—this is the bag in which they were.

RICHARD WHITE (Thames police inspector.) The prisoner was given into my charge on 24th May, by the captain, on board the vessel, at Gravesend—I told him that he was charged with mutiny, and he must consider himself my prisoner—he made no answer—I received the articles produced from Mr. Harris, in the presence of the captain, in the cuddy—I conveyed the prisoner by rail to London, and took him to the Thames police station,

Wapping, where the charge was taken by superintendant Evans, and read over to the prisoner—I have the charge sheet here, it contains a list of the things I had to take care of—when the part was read which describes the single-barrelled pistols as being loaded, the prisoner said, "I did not load them"—the list describes the revolvers as being loaded, to that he said nothing—when we came to the belt, he said, "There was fifty sovereigns in that belt"—he had not said anything to me about the fifty sovereigns before that—I had travelled with him all the way from Gravesend—I said I would have some inquiry made about it—he said all the articles belonged to him—inspector Shane was with me—I left the prisoner in his custody for a short time at Gravesend, while I went to take the tickets—I handed this bottle to Mr. Boss, it was then full.

Cross-examined. Do you know whether there is not some difficulty in unloading the revolvers? A. I have had them tested and bored at the gun-smith's, and they are loaded with powder and ball—I do not know that there is some difficulty in unloading a revolver after it is once loaded; you can discharge it by firing; without doing so I should think you cannot unload them without boring them, they are forced in so heavily, the leverage is so great—if I did not want to discharge a revolver, I should bore it in order to unload it; you bore them with a piercer, I saw it done at the gunsmith's; you bore through the bullet in order to see that there is powder behind.

JOSEPH SHANE (Thames police inspector.) I was with White at Gravesend, when he had the prisoner in custody—he left me with him on the Diamond pier for a short time—I asked him what sort of passage they had had—he said a very good one—he then, said, "They have done it well for me, Whittington ought to be in my place; I have made my mind up, I suppose I shall get for life, it is no use saying nothing."

JOHN BROWN ROSS . I am house surgeon at the London Hospital I have examined the contents of this bottle which I received from inspector White—it contains laudanum—I have not tested the strength, it appears to be commercial laudanum, which is a little more than half the strength of the best which we use in our hospitals.

Cross-examined. Q. Can you identify the label that is on the bottle? A. No; the only word I can trace is "Brompton"—laudanum is used with other medicines for dysentery, and is a soothing lotion for sore eyes.

GUILTY . Aged 25.— Transported for Life.

NEW COURT.—Thursday, June 19th 1856.

PRESENT—MR. RECORDER; Mr. Ald. CARTER; and Mr. Ald. LAWRENCE.

Before Mr. Recorder and the Sixth Jury.

Reference Number: t18560616-618

618. SPEARMAN LUSICK , feloniously wounding Catharine Mead upon the right arm; with intent to do her grievous bodily harm.

MR. W. J. PAYNE conducted the Prosecution.

CATHARINE MEAD . I live at No. 6, Glasshouse-buildings, Whitechapel I am single—I know the prisoner—I believe he is a sailor—when he is at home from sea he has been in the habit of staying with me—on 14th May he made a charge against my sister, of taking 3l. of his—my sister was taken into custody and taken before the Magistrate—the case was heard,

and she was discharged—I was in the Court—I did not hear the prisoner say anything when she was discharged—I met him the same evening, about 8 o'clock, in Dock-street, near my house—I ran away from him because I heard him say, before my sister was taken, that I had better not go out, because if he did not find my sister he would get his countrymen to kill me—that was my reason for running away—I saw him again about fifteen minutes afterwards, as I was standing at the door of the Cock and Neptune public house, in Neptune-street—he came up arm-in-arm with another man—I stood into the doorway, and the other man who was with, the prisoner said to me, "What for you be frightened?"—the prisoner was on the other side of him, not next to me—he stepped forward, and I made a hasty step to go up stairs—some girls stood in my way, and I fell—the prisoner had passed the other man, and came towards me—the prisoner was coming in after me, and when he got to the stairs where I was, I saw him—he came close to me as I was lying on my side—he pulled a knife out of his belt, and stabbed at me—I put my right arm over my head, and he stabbed me with the knife on the arm—I had a long sleeve on, the blood came through that—I did not hear him say anything—before I got up, he was running out of the door—he only struck me once—I do not know how much I bled, it was all over my dress—I was taken to a doctor.

Cross-examined by MR. SLEIGH. Q. You had known this man a long time? A. Yes, about three years—when he came from his sea voyages he used to sleep with me—he had lost his 3l. about a week before this—my sister did not lire with me—he had been in her place—she lives about forty yards from me—she did not speak to me for about nine months before—I was not at my sister's lodging about the time the prisoner lost his money, nor was she at my place—I knew nothing of it till he came into my place and told me of it—he did not charge both me and my sister with stealing the money—about three years before, he accused me and another girl of robbing him, but he afterwards told me he lost his money—I have been charged with robbing somebody else, once before—I have not been in prison, I have been locked up—this man did not appear to me to be drunk when I was stabbed—I was not confined to my bed by this stab—my arm is well now.

THOMAS NORLES . I am barman at the Cock and Neptune. On the night of 14th May the last witness came in to our house, about half past 9 o'clock, with a hasty step, partly running, and attempted to get up the stairs—some persons were coming down, and she slipped—the prisoner followed her in, the very minute afterwards—I saw him draw his arm from his side, and lift the knife above his head—I tried to prevent him—the prosecutrix had just recovered her feet, and he stabbed her before I could lay hold of his arm—the blood flowed from her arm, down the front of her arm—he was again lifting his arm above his head, with the knife still in his hand, and I caught the little finger of his right hand, and took the knife from him—I prevented his stabbing her again—it was while his hand was raised up that I caught his little finger—he appeared to have been drinking.

FREDERICK JOHN SPARKES . I am barman at the Cock and Neptune. I saw the prisoner about half past 5 o'clock, on 14th May—I have known him the last fifteen months—he came in and had a glass of gin—I asked him how he got on with the girl that day—he said, "No good, no good; I will have my revenge for my money, I will be revenged for my money."

COURT. Q. Are you sure he used the word "revenge," not "satisfaction" A. I think it was "satisfaction"—he did not use the other word.

MR. W. J. PAYNE. Q. What did he say after that? A. He said, "I will kill her"—he then went away, and returned about half past 6 o'clock, and had a glass of gin—he was not dressed in the same dress that he had on before—he asked me if I had seen the girl, Kitty, he called her—I said, "No, I have not"—he said, "Never mind; good bye, I will be revenged"—at that time he used the word "revenged," not "satisfaction"—he went away, and I never saw him till I secured him, and gave him into custody, about half past 9 o'clock—I heard the girl cry that she was stabbed, and I came from the concert room—I saw the prosecutrix bleeding from the arm—I gave the prisoner into custody.

Cross-examined. Q. You made one mistake; when he said he would have revenge, the word was "satisfaction," not "revenge;" and in the second instance, you say when you saw him again, he said, "I will be revenged;" have you not made a mistake again? A. It might be "satisfaction"—the first time it was "satisfaction"—the second time I would not be positive—he was not in liquor when I first saw him—he was in liquor at the time I took him into custody—I had served him with two glasses of gin.

THOMAS TOWNSEND (police sergeant, H 54). The prisoner was given into my custody—he appeared to have been drinking, and was very much excited—on the way to the station I told him what he was charged with, with stabbing a young woman—he said, "English women very bad, very bad; I will have satisfaction for my 3l."—when we got to the station, he said he would kill her—he said that, when he said he would have satisfaction for the 3l., and he repeated it over and over again, and at the station he said, "I will kill her tomorrrow, when I get out"—this is the knife I received from Thomas Nobles—it is called a bowie knife.

THOMAS NOBLES re-examined. I got this knife from the prisoner, and gave it to this witness.

HENRY STUCKEY . I am a surgeon, and live in Wellclose-square. On the night of 14th of May, the prosecutrix was brought to me with an incised wound on the lower part of the right arm—it was about half an inch deep, and about three inches long—I should think it had not bled much, it was not dangerous.

COURT. Q. It was very nearly a dangerous wound? A. Yes—it was near the brachial artery.

GUILTY of unlawfully wounding. Aged 66.— Confined Eighteen Months.

Reference Number: t18560616-619

619. JEREMIAH SULLIVAN, MARTIN DURKIN , and JAMES VICKERY , robbery upon Daniel Shea, and stealing 1 watch, value 10s. his property.

MR. THOMPSON conducted the Prosecution.

DANIEL SHEA . I am hawk boy to a plasterer; I live at No. 1, Lawrence-yard, Queen's-row, Chelsea. On Saturday night, 17th May, I went to the Three Crowns public house in Queen's-row, about a quarter after 10 o'clock—I went into the skittle ground at the back of the premises—it is lighted with gas—there is one burner—there is not light from the house at one side of the skittle room—on the other side there is a door and window—it is the skittle ground window—when I went, skittle playing was going on—there were about ten persons there altogether—the three prisoners were there—I sat down; I was not playing, nor were either of the prisoners—I had a silver-watch in my waistcoat pocket, and a metal chain round it passed through a button hole of the waistcoat—Durkin sat next to me, Sullivan sat next to him, and Vickery was standing on the floor—I saw Sullivan stand

up and tap Darking on the thigh, and he pointed to my watch in my pocket—Sullivan stood up and went over to the gas; he stood there about four or five seconds, and turned the gas off—I stood up to go out, and Durkin put his hand round my shoulders, put his hand into my waistcoat pocket, and pulled my watch out—he shoved me against the wall, and got wrenching the watch off the chain—he gave the watch to his mate Vickery—when they let me go I got to the door, and as Durkin and Vickery came to the door, I saw Durkin give Vickery the watch—there was light from the air—it was an open place where I stood—the night was rather light—it was about a quarter before 11 o'clock—I called out when they had hold of me—the first thing I said was, "Now, Durkin, leave me alone, it is no use your trying to rob me; I know you"—I did not hear anybody else call out till they let go of me—I heard some one call out, "Scale the wall!"—I went out before Durkin and Vickery—I went out of the skittle ground into the yard; I remained in the yard about two minutes—I left Durkin and Vickery still there, and I went for a policeman—I brought one back in ten minutes, or a quarter of an hour—I saw Sullivan there—I told the policeman that I charged him with outing the gas—I did not say that in Sullivan's hearing—I told the policeman in Sullivan's presence that he was one of the party—Sullivan was taken in charge—I knew all the prisoners before—I was quite sober.

Cross-examined by MR. SLEIGH. Q. Were there other persons in the skittle ground whom you knew? A. Yes—I knew them all pretty well—there were about seven that I knew—I do not know where they lived—I know their names, Mulcahy was one, Higgins was one, M'Auliff was one—he is not here—Manning was one—he is in the militia—I do not know where he lives—there was a man who lives in the neighbourhood, and keeps a tin shop—of all that I know, the only two that are here are Mulcahy and Higgins—I went in the skittle ground at a quarter past 10 o'clock, and this occurred about a quarter before 11—I was only there about half an hour that evening; I had been in an hour and a half before—I went in about half past 7 o'clock, and was there till 9—I had one game at skittles with two chaps that I know for a drop of beer—I had not been playing at skittles all day—I had been at work—I earn 12s. a week—I shall be eighteen years old on 1st Nov.—I work for Mr. Kelk, who carries on business at Grosvenor Basin—I worked for him two years last Christmas—it was Sullivan who put the light out—there is no mistake about that—I have had some talk with Higgins about this matter—I do not remember saying anything to him about swearing that Sullivan had put the light out—I think I had this talk with Higgins on the same day that Vickery was taken, to the best of my belief—Higgins did not tell me he did not know who put the gas out, not as I know of—I heard Higgins say that he did not know who put the gas out.

COURT. Q. When was it he said that; how soon after the men were taken? A. In about a couple of weeks afterwards.

MR. SLEIGH. Q. Did you not ask Higgins to swear that Sullivan put it out? A. Not at all—Higgins did not say to me, "I cannot swear that Sullivan put it out"—I had no conversation with Mulcahy about this matter after these men had been taken before the Magistrate—I spoke to him, but had no conversation.

Q. Do you mean that you had no conversation with Mulcahy about this matter after you, and he, and Higgins had been before the Magistrate? A. Yes, Higgins said to me that he did not think that Sullivan did out

the gas—I said that he did put it out—Mulcahy and I have often talked, but not about such subjects as this—he did not any that he did not believe that Sullivan did it—he could not say it—he might have said from what he had been told that he did not believe that Sullivan had anything to do with it—he said he had been told by a good many people that they did not think Sullivan had anything to do with it.

MR. THOMPSON. Q. You have no doubt that Sullivan put out the gas? A. He did put it out, I flaw him do it.

PATRICK HIGGINS . I am a labourer, and live in Upper Ebury-street. I work for Mr. Myers, the builder—I was at the Three Crowns on that Saturday night—I saw Shea come in after 10 o'clock—I did not see the three prisoners there when I went in first, I saw them there when the gas was put out, and several others beside—I was sitting on a seat, looking at them playing at skittles—I was not sitting with anybody—I saw Durkin sitting near Shea—I think he sat next to him—I believe that Sullivan was somewhere near him—they were all near together—I did not take notice where Vickery sat, I think he was standing—just before the gas went out, I saw Sullivan get up off his seat, and a short time afterwards the gag was put out—I do not know exactly who put it out—Sullivan was standing up, and there were several standing round the place; not exactly near the gas—I did not see who put it out—I cannot say who did or who did not put it out; I cannot say whether he did or did not—I heard Shea cry out, "Murder!" and I heard him say, "Now, then, Durkin, that will do; keep off"—there was a regular noise, and I got out of the ground—I think he said, "I know you," or something of that sort.

Cross-examined. Q. It was the moment the gas was put out you heard him call out, "Now that will do, I know you? A. Yes—I did not have Sullivan or any one in my eye just before the gas was put out—I know nothing of what was going on—I took no notice—I have not had a talk with Shea about this matter since I have been to the police court—I have not had a talk about this gas part of the business, as I know of—I have had nothing to say to him about it—he has not said something to me about it, not to my remembrance—we have talked about plenty of things, but not about that.

COURT. Q. Did you ever say that Sullivan did not put the gas out? A. I told him I have heard people say that it was not him that put the gas out.

JURY. Q. Did the prosecutor say that anything was taken from him? A. Yes—he called out that he had lost his watch when the gas was put out—I do not know whether he had a watch that night—I saw the chain—I had seen that he had a watch before, and at that time he stated that he had a watch stolen from him.

PATRICK MULCAHY . I live at No. 1, Lawrence-yard, Chelsea, in the same house with Shea—I am a labourer, and work for Mr. Briggs, the builder. I know the prisoner—I, went to the Three Crowns on that Saturday night—I went into the skittle ground, went with Shea, and sat next to him—it was after 10 o'clock—Durkin sat at Shea's right hand—I did not take notice where Sullivan sat—Victory was on the ground—I remember the gas going out—I did not see Sullivan do anything—I did not see him put the gas out—I did not see who put it out—when it was put out, Shea said, "Now, Durkin, that will do; you leave off; I know you"—I know that Shea had a watch, I saw it that evening in the street, better than half an hour before we went to the Three Crowns—after the gas was out it was

dark; I could not see my companions; I got out as soon as I could—when I got out of the skittle ground into the yard I could see them.

COURT. Q. Is this skittle ground under a roof? A. It is a little house—it has a roof—when I got out of the skittle ground, I could see by the light from the bar and the light of the night—it was a moonlight night—the skittle shed is inclosed—it has windows in it.

Cross-examined. Q. Since you have been examined at the police court, have you heard persons say that they did not believe that Sullivan put the gas out? A. Yes, I have heard persons say so—I do not know myself.

WILLIAM CRUTCHETT (policeman, B 40). I went with Shea to the Three Crowns on Saturday night, 17th May—when we got there Sullivan was standing at the door outside the Three Crowns—Shea said he was concerned with the other two in stealing his watch, and he gave him into custody-Shea did not say anything about who put out the light—I took Sullivan into custody—he said he knew nothing of the watch—I took Durkin on the Monday—I told him he was charged with stealing a watch on Saturday night in the Three Crowns—he said he knew nothing of it—when Shea fetched me on Saturday night he was sober.

THOMAS SYMES (policeman, B 181). I took Vickory into custody on 26th May—I told him the charge—he said, "I was there on the night in question, but I know nothing of the watch."

Durkin's Defence. I was in the place, but I know nothing of the robbery; I was rather intoxicated at the time.

SULLIVAN†— GUILTY . Aged 18

DURKIN*— GUILTY . Aged 20.

VICKERY†— GUILTY . Aged 21.

Confined Twelve Months.

Reference Number: t18560616-620

620. EDMUND SCOTT, CAROLINE BLACKMAN , and MARTHA MOORE , stealing 1 handkerchief value 3d.; the goods of William White, from his person.

MR. ORRIDGE conducted the Prosecution.

WILLIAM WHITE . I am a contractor, and live in Millington-street Vauxhall-bridge-road On 27th May I was in the Broad Sanctuary, at Westminster, between 10 and 11 o'clock in the evening—I was walking along the footway—I passed the three prisoners, and two other females—I had advanced some few yards, when Scott came and passed outside me, and put his hand into my right hand pocket, and drew out my handkerchief—I took hold of his hand, and desired him to put it back again—he immediately struck me on the nose, and caused it to bleed—I loosed his wrist, and took him by the collar, and paid him back in return—I do not know whether I gave him a black eye, but he was pretty well scarified before I left him; we had a tumble up and down, and a regular street fight—I was all the time calling for the police—Blackman and Moore were in the mean time assisting Scott, trying to pull me off him; they attempted to rescue Scott from me—there were two other females with them—Scott made his escape from me, and ran into the arms of a gentleman who was following behind me—the females had hold of me—I directly disengaged myself from them, and followed Scott again, still calling for the police.

COURT. Q. They pulled you off Scott, and he escaped? A. Yes, and the females had hold of me for a minute or two after he got up—I am sure Blackman and Moore were a part of those who did it—I seized Scott, who was in the arms of Mr. Humphreys, and we had an up and dawn in the street again—I tore the clothes nearly off him—Blackman had a child in her arms the same as she has now, but when I was struggling with Scott

she gave her child to another person, and she was at me with both feet and hands—that was the second time that I had Scott, but she had hold of me the first time—when I caught Scott the second time, and we were straggling, the women came up again—they called out that I was murdering the man, and a cabman came up, and he kicked me—three of the women got hold of me, and the cabman and a woman got hold of Scott and pulled him away, and I lost sight of him—he ran away—Blackman, and Moore, and another female, held my head up against the rails till the policeman came—I then took Blackman and Moore one in each hand, and handed them to the policeman—I had my handkerchief again once, and a stout woman, not one of the prisoners, took it from out of my hand while I was struggling with Scott—before this commenced I had passed the three prisoners and two other females—I had not interfered with them in the least in any way—I did not strike Scott till he had struck me—I had no occasion to do so.

Cross-examined by MR. PAYNE. Q. What sort of a handkerchief was it? A. A cotton handkerchief—I am a contractor for railways and other things, I have men under me—I was not in company with Mr. Humphreys—I had been to Hercules-buildings, and this was in the Broad Sanctuary in my way home—I did not see the cabman with his cab, or I would have given him in charge—I said to Scott, "Hand it back," and he struck me—I took it out of his hand immediately, and then all this began—the stout woman who is not here, took the handkerchief from me when I was struggling with Scott the first time—I work under Mr. Peto—I served my apprenticeship to him.

GEORGE HUMPHREYS . I live in Eaton-terrace, Pimlico. On the night of 27th May, I was walking in the Broad Sanctuary—I saw Scott and four women—Scott stepped out from the women, and took Mr. White's handkerchief out of his pocket—it is rather a narrow passage, and there were four cabs there—Blackman and Moore were two of the females who were with Scott—when Scott took the handkerchief, Mr. White got hold of his hand, and asked him to put it back, and instead of patting it back, Scott struck him on the nose, or close by the nose, with his other hand—the four women closed on Mr. White, and Scott got away—I caught him, and had a severe struggle with him, till Mr. White got rid of the women and came up—I gave Scott to Mr. White and they had a fall up and down; they both went down against a cab wheel—a cabman came up (there were four cowmen, but one more particularly than the others)—he kicked Mr. White—the prisoner with the child (Slack-man) said to another woman, "Hold my child," and then she tried to get Scott away—I will not swear whether she kicked Mr. White or not, but she was very busy, and she tried to get Mr. White off Scott—Mr. White got up on his legs, and Scott with him, and three women and the cabman got Mr. White against the railings, and Scott got away—I followed and took him again as he was running down George-street—I had a severe struggle with him—he tripped me up—I had nothing to hold by but his handkerchief, his clothes were nearly torn off.

Cross-examined. Q. When you leave Bridge-street, you cross and come to this street, and there are iron railings on the left hand? A. Yes—this was between the cabs and the iron railing—there were about four cabs there—Scott took the handkerchief, and then they had this fight—there was only one blow each, before the women came up and interfered—they were not above three yards from the men—the men were struggling together when the women interfered—there were no other persons there.

MR. ORRIDGE. Q. When you came up, did you see that Scott and the four women were together? A. Yes—at that time Blackman had the child

in her arms—I have never been a witness before, and never was in a Court in my life.

COURT. Q. Was there nothing said all this time? A. The women cried out a great deal, "Murder!" and, "Let him alone"—the cabman said "Leave him alone" but I do not think he had any suspicion of what had been done—if I had not seen Scott put his hand in Mr. White's pocket I should not have known what was the matter—Mr. White punched Scott, he had him down and laid upon him—they were down over and over—Mr. White was walking steadily, and had his hands in his trowsers pockets—I might be twenty yards from Scott when he took the handkerchief—Scott and the four women were talking before Mr. White came.

HENRY FELLS (policeman, A 279.) On the evening of 27th May, I was in Palace-yard—I heard a disturbance, and a cry of "Police!" about half past 10 o'clock—I went to the place and saw the prosecutor surrounded by some women; and there was a cry, "He is off! he is off! there he goes!"—I do not know who said it, but I stopped one man who turned oat to be wrong—I went back and found Mr. Humphreys had got Scott down on the pavement, and he said that was the man that had robbed the prosecutor—he then left me—this was close by the cab rank, not more than twenty yards from where the circumstance occurred—I had a struggle with Scott, and was compelled to get the assistance of three other constables to get him to the station—a more violent man I have not seen for several years.

Cross-examined. Q. Was Scott drunk? A. Yes, I considered him so—the women were sober.

COURT. Q. In what state was Mr. White? A. He was sober—I believe Blackman is living with Scott—I do not know that

SCOTT— GUILTY .* Aged 20.— Confined Twelve Months.

BLACKMAN and MOORE— NOT GUILTY .

Reference Number: t18560616-621

621. JOHN FENN, MARY ANN TAYLOR , and HENRY FARLEY , burglary in the dwelling house of William Hammond, and stealing 3 coats, 1 umbrella, and other articles, value 25l.; Fenn having been before convicted: to which

FENN PLEADED GUILTY . Aged 26.— Transported for Fourteen Years.

MR. CARTER conducted the Prosecution.

SAMUEL RISELY . I am butler to Mr. William Hammond, he lives at No. 3, Russell-square. On the night of 19th May, I went to bed about 12 o'clock—before I went to bed I left the house secure—the door was locked and barred—the footman and I went to bed at the same time—I was awoke by the loud ringing of the street door bell soon after 3 o'clock; I went and found two policemen in the hall—from what they said I examined the house—I found two coats in the dining room which had been left in the hall the night before—I went to Mr. Hammond's dressing room, and found his trowsers and waistcoat had been taken from a chair, and two handkerchiefs, and in one handkerchief was a stiffener, and there was a cap gone which I did not then miss, but it was found at Bow-street—the bottom sash of the dining room window was thrown up as high as it would go, and the shutters were open—that afforded means of access from the back garden—the other window in the dining room was open, but the shutters were not open—the window that was open is about one foot from the leads, so that any person could get down and walk without difficulty—a pack of cards was missing, two pairs of spectacles, and a gold eye glass and two knives—I should think the amount of the loss altogether was about 25l.—three coats

were missing from the hall, and the gloves were in the pockets—a hat was missing from the hall, and an umbrella which has been shown me—I have seen some of the articles.

BENJAMIN WEEKS (policeman, E 100). I was on duty on that morning in Russell-square—I had examined all the doors along the square, and found them all secure at 12 o'clock; and about half past 2 o'clock I found the street door of the prosecutor's open—I called in the sergeant, rang the bell, and the last witness came—the street door had been opened from within.

COURT to SAMUEL RISELY. Q. Had the window which you found open been shut? A. Yes, it was shut down, but the bolt was out of repair.

JOHN WILLIAM WOOD . I live with my father, who is a Chelsea prisoner, at No. 2, Fountain-court, Strand—my father has a house, No. 39, King-street, Drury-lane—Mrs. Wood let the prisoner Taylor the first floor back room in that house, at 2s. a week.

MARY WOOD . I lire at No. 39, King-street, Drury-lane—I let the first floor back room in that house to Taylor's mother—her mother and her lived in the same room—I was present when the police searched that room.

Cross-examined by MR. DOYLE. Q. The mother took the room A. Yes, her daughter sent her to take it—the mother was my tenant—the prisoner Taylor paid me the rent one week—there had been only one week paid.

MARGARET HAMILTON . I live with my daughter, the prisoner Taylor, at No. 39, King-street, Drury-lane—a child six years old lived there besides, and Emma Gray lodged with my daughter, and Jack (Fenn) lived there—Jack was there in the evening before I was taken—he went out between 9 and 10 o'clock—he had his blue cap on—it was on Monday night—he had a long frock coat on—he came back again about 3 o'clock with a hat on his head and an umbrella in his hand—he had a little bag in his hand, I could not swear what was in it—he took off his own coat, which was a long frock coat, and took off two more coats—he did not take an umbrella out, but he brought one with him when he came in—after he had come in and uncased himself, he remained in the room, but went out about 8 o'clock, and he came back in a short time with Farley—it was after 8 o'clock—I had the kettle on—my daughter went out after the breakfast things—Fenn took up the two coats, and Farley looked at them—there was a large box there belonging to my daughter—Fenn folded the coats and laid them in the box—I did not see anything else in the box—Fenn persuaded my daughter to take these coats out—she said she did not wish to take them, and he said "Let your mother take them, they are all right, I would not deceive you"—she said, "Take them yourself; I will not have any hand in it"—he then said to me, "Take them; I will give you a shilling; they ore all light"—he said, "Take them down Broker's-alley; I will meet you there and take them"—I took them down Broker's-alley, and looked to see if he was coming—I saw him and Farley—I was on the side of the brewery, and they both put out their hands and beckoned me to come across tin road—the policeman can swear to that—my daughter paid the first week's rent of the room—the box and other things in the room were my daughter's—one small red box was mine—Fenn put the umbrella near the bed—Farley sat on a small box by the aide—Fenn sat near the bed, and he—took the umbrella, and with a knife, he cut out from the handle of the umbrella something which looked like silver.

WALTER HOLMES (police sergeant, F 50). On the morning of 20th May,

I was passing down Hanover-street, which is in a line with Endell-street, in plain clothes—Broker's-alley runs into Castle-street—it is about 100 yards from King-street, Drury-lane—I saw Fenn and Farley come out of Castle-street into Endell-street—they stood still, and then turned round and beckoned for some one to come along—I saw the last witness come down from Broker's-alley to Castle-street—she was on the opposite side to the two men, and they both beckoned for her to keep straight on—the two men then caught sight of me, and they walked down Endell-street, the reverse way to what the last witness went—I followed the last witness, and asked what she had got, and I found it was two coats wrapped in white calico, in her apron—I was bringing her to the station, and I met the prisoner Taylor—she was coming very fast, and she seemed surprised, and threw herself back when she caught sight of me with her mother—she went back towards Endell-street, where I saw Fenn and Farley peeping round the corner—they all three started off when they saw me going towards them, and went away—I took the last witness to the station—she said she lived with her daughter, at No. 39, King-street, Drury-lane—I went to the room, which was the first floor back room—I found there a good many things—this pack of cards, some postage stamps, and this umbrella—we waited there about three hours, but no one came—we brought away these three boxes, I believe they were all locked; I am confident two of them were—the boxes were opened at the station, but I was not there—I apprehended Taylor on 4th June at Worship-street—Fenn was there on another charge, and Taylor was amongst the people—I told her I wanted her for being concerned with others in a burglary in Russell-square—she said she knew nothing about it—Farley I apprehended on the 6th June, at his lodging, No. 41, King-street, Drury-lane—I told him I wanted him for being concerned with others in a burglary in Russell-square—he said, "Well, if you want me, you must have me, but I know nothing about it"—I was taking Farley and Taylor in a cab to Worship-street, with the last witness, and Taylor said, "The old woman is innocent of what she is taken for; I sent her with the things, because I was afraid to go myself."

Cross-examined. Q. When you saw Taylor, was it in Endell-street? A. It was in Castle-street, which is a continuation of Endell-street—I had her mother in custody—I was in plain clothes—when I took Taylor in custody, she was not listening to the case—she was not in the Court—she was sitting in another room with two other females—she said she knew nothing about the burglary, and when we were in the cab, she said the old woman was innocent—she said she had sent the old woman because she was afraid to take them herself—she did not say she was afraid they were not all right—I believe she used the exact words to which I now swear.

COURT. Q. Were not the words "I gave her the coats to take care of?" A. No—this is my signature to this deposition (looking at it)—it is down here, "I gave them to her to take care of, because I was afraid to take them out, "but the words were the same as I said before—what is down here must be a mistake by the clerk in the way he put it down.

MR. DOYLE. Q. The old woman was in the cab all this while, and heard what was said? A. Yes.

MR. CARTER. Q. You waited some hours at the room, and no one came? A. Yes, and I have been there nearly every day since.

WILLIAM FRANKLIN (policeman, F 72). I went on 20th May, a little after 1 o'clock in the afternoon, to No. 39, King-street, Drury-lane—in a room on the first-floor back, we found several things, and we brought away

three boxes, which were locked—we took them to the station—one was red—one dark brown—I think the other was not painted at all—two of them were opened at the station with keys—the other was broken open—in them we found several things—a great many were left in the boxes—amongst them was this hat, these gloves, and this cap—the principal of these things were in the largest box—in one box there was nothing at all relating to this case—that box was given up to Emma Gray—these articles (produced) were found in the other two boxes—the principal were in the largest box—this that, and gloves, and cap, and handkerchief were in the small box.

Cross-examined. Q. Which of these things were identified as belonging to Mr. Hammond? A. All but this cap—there was a child in the room when we went—she went out, and we lost sight of her.

EMMA GRAY . I lodged at No. 39, King-street, Drury-lane, in the first floor back room, with Mary Ann Taylor and her mother and the child—I had left them two days before this—Farley used to come up when we lodged on the second floor; before we lodged on the first floor—when we moved down to the first floor Fenn used to come—Fenn had come once to the second floor-room on Whit Sunday—Fenn came three times to the lower room—there were three boxes in the room; one belonged to me, one to Mary Ann Taylor and the small box to her mother—I have seen them open the boxes while I was living with them—they had a bunch of keys—after the boxes were taken away, I claimed one of them as mine—it has been delivered up to me.

Farley. Q. Did you ever see me bring anything into the room? A. No.

SAMUEL RISEBY re-examined. These two coats are Mr. Hammond's—they were safe in the hall on the night of the 19th—this umbrella is his, but there was a silver ferrule on it, and a crest—I have every reason to believe it is his, it was this size and this shape, and it was worn about as much as this is—this hat I can swear to by a mark made inside the lining to know it from another—these gloves are exactly the same kind as Mr. Hammond wears—these cards have marks on the backs of one or two of them, these are them; they are like stains of coffee or tea—this cap is Mr. Hammond's—this handkerchief I know by the colour—on this coat here are the remains of a mark that was on it.

WILLIAM FRANKLIN re-examined. The hat was found in the largest box.

MARGARET HAMILTON re-examined. When Fenn came back he had got a hat on—he laid the hat down, and when he came to Broker's-alley he had a cap on.

Farley. Q. Were you not in bed when I came up with this man? A. Yes, I got up when you came, and dressed myself—there was a fire alight—Mary Ann went out for the breakfast things while I was dressing myself.

TAYLOR and FARLEY— NOT GUILTY .

Reference Number: t18560616-622

622. JOHN FENN and MARY ANN TAYLOR were again indicted for a burglary in the dwelling house of Charles Beresford, and stealing 2 coats, &c., value 6l. his property: to which

FENN PLEADED GUILTY .

MR. CARTER offered not evidence against

TAYLOR— NOT GUILTY .

Reference Number: t18560616-623

623. JOHN FENN was again indicted for unlawfully assaulting Thomas Swaine, a police constable, with intent to resist his lawful apprehension and detainer: to which he

PLEADED GUILTY .—(For sentence, see page 414.)

THIRD COURT.—Thursday, June 19th, 1856.

PRESENT—Sir WILLIAM MAGNAY, Bart., Ald.; Mr. Ald FINNIS; Mr.

COMMON SERJEANT; and MICHAEL PRENDERGAST, Esq.

Before Mr. Common Serjeant and the Eighth Jury.

Reference Number: t18560616-624

624. HUGH ROBERT ROBERTS , stealing, on 27th Oct., 1 coat, value 3s., the goods of Joseph Bates; also, on 5th April, 1 clock, value 6s. the goods of John Mossop; also, on 7th May, 1 timepiece, value 1l., the goods of Amedee Ber; also, on 7th April, 1 timepiece, value 1s. 5s., the goods of John Templeton: having been before convicted: to all which he

PLEADED GUILTY . Aged 50.— Four Years Penal Servitude.

Reference Number: t18560616-625

625. CHRISTOPHER EVANS , feloniously forging and uttering a request for the delivery of 12 yards of woollen cloth: also, a request for the delivery of 15 yards of woollen cloth: also, a warrant for the payment of 28l. 9s. 6d. also, a request for the delivery of 12 other yards of woollen cloth; with intent to defraud: to all which he

PLEADED GUILTY . Aged 20.— Confined Twelve Months.

Reference Number: t18560616-626

626. MOSS BYRN , stealing, on 22nd Dec., 3 coats, 3 waistcoats, and 3 pairs of trowsers, value 9l.—2nd COUNT, stealing, on 26th Jan., 1 coat, 1 waistcoat, and 1 pair of trowsers, value 3l.—3rd COUNT, stealing on 15th March, 2 coats, 2 waistcoats, and 2 pairs of trowsers, value 5l. 10s. the goods of Nathan Harris and another, his masters.

MR. ROBINSON conducted the Prosecution.

NATHAN HARRISS . I am in partnership with my father Solomon Harris, at No. 22, Well-street, as tailors and outfitters—the prisoner was our foreman for about fifteen months, he lodged in the house—it was his duty to cut out clothes and to receive them when they were made—he had no authority from us to take clothes and pledge them—about five months ago we began to miss clothes—on 12th May, I think it was Thursday, I went into the prisoner's bed room, about 3 o'clock, and found him on the bed—I asked him what business he had on the bed at that time, he said that he had the headache—I told him it was not the place of a foreman to lie down at that time of day, and keep the front door of the shop shut, and he ran down into the shop—I looked under his bed, and found a pocket book with a letter in it, in which I found some duplicates—I went to the pawnbrokers to identify the clothes, and immediately after that, went up stain, and gave the pocket book to Williams, the servant, with instructions—I was in the shop when she came down and said to the prisoner, "Mr. Byrn, is this your pocket book?"—he said, "Yes"—I immediately called a policeman in, and gave him in charge.

Cross-examined by MR. RIBTON. Q. Is your father here! A. No—we both engaged the prisoner—he told us that he came from our next door neighbour—we board sailors at our lower establishment, which is in the same house—we sell clothes below stairs to sailors, and give them their breakfast and dinner up stairs—we have another establishment at No. 195, St George's-street, three or four minutes' walk off—we board and lodge from eight to twelve sailors—we sometimes give them credit, and when they get

their money they pay us—the prisoner wan in command over that place, he had the management of it—some weeks he had 3l. or 4l. pass through his hands, and some weeks nothing—I should not like to swear that he never had 16l. passing through his hands, but I will swear he had not 20l.—I have the management of both places, and live at No. 22, Wells-street—the prisoner does not have to see to the persons being made comfortable, a woman does that—the prisoner is Tory often out—the prisoner had not money of ours passing through hit hands to any great amount, he sometimes went with an advance note and got 2l. or 3l.—I always paid the men; I think he paid them one Saturday, he paid them twice in fifteen months—the amount of wages is sometimes 10l. and sometimes 12l.—I give him money to pay wages—I ask him for the account, and give him the balance—the men are only paid at George's-street; they take the work out from there, and go there to get paid on Saturday nights—my father purchases provisions for the sailors—I hate been in trouble—it was about a man at the Thames police court—he was stopping at "The Home," not at our house—he was paid 7l. 10s., and I was charged with taking it out of his pocket; I was found Not Guilty, and he was sentenced at that time to twelve months' hard labour for committing perjury.

GEORGE HOWARD . I am in the service of Mr. Bias, of No. 147, St. George's-street, Ratcliff-highway. I produce three suits of clothes, pledged on 22nd Dec., 26th Jan., and 15th March, by two different parties—I should know one of them, it was not the prisoner—these three duplicates are the counterfoils of mine.

DANIEL PARSONS THOMAS (policeman, S 97). I was called into Mr. Harriss's shop, who gave the prisoner into my charge for robbing him, and laid that he had found some tickets in his pocket book, which were, no doubt, for his property which had been pledged—the prisoner said that he was very sorry for it, and he did not take them with the intention, of stealing them, but intended to replace them again, if possible—going along he gave me this pocket book, with tickets in it, and these three among the number.

Cross-examined. Q. Who was present when he was given into custody I A. Mr. Harriss and his son; the son gave him into custody.

(The prisoner's statement before the Magistrate was here read as follows: "I am sorry to think I betrayed my master in any manner; six or seven of the cases I am directly concerned in, the other tickets were given me by the steward of a ship; the master knows I have an account open with him, and he will find the handkerchief enclosed; from Mr. Harriss's kindness to me, I never meant to rob him; I fully meant to have redeemed the pledges, and put the things in their places; the tickets lying about will show that I did not mean to rob him.)

NATHAN HARRISS re-examined. I have seen the clothes produced, and when before the Magistrate I brought the different work people who knew their make—I can swear to this waistcoat.

MR. RIBTON. Q. What do you know it by? A. The pattern and the shape—the pattern was not made for us—the lining of the coat we purchased at a Government sale—other people can do that, but they do not use it for these sort of coats—I can swear to these trowsers by the sewing; they were sewn by a young girl, and here is her stitching—I sorted my time to a tailor—there is no mark on any of the articles.

(The prisoner received a good chracter.)

GUILTY . Aged 23.— Confined Nine Months.

(There was another indicment against the prisoner.)

Reference Number: t18560616-627

627. JOHN RINGROSE and REBECCA RINGROSE , burglariously breaking and entering the dwelling house of William Phillips, at St Paul's, Shadwell, and stealing therein 1 cap, 1 sheet, 1 purse, and 4 blankets, value 1l. 10s. his property.

MR. PLATT conducted the Prosecution,

LOUISA PHILLIPS . I am the wife of William Phillips, of No. 1, Johnson-street, Shadwell The prisoners lived with us about two months, and left without notice—on Saturday, 24th May, about 4 o'clock, I went out and fastened all the doors and windows, and put the key of the outer door into my pocket, leaving no one in the house—I returned at 12 o'clock the same night, and missed some blankets, and other articles, which I had left safe—I found the beading of the window in the middle of the room, any person could then get in, as the fastening caught in the beading—it was not a sash window—the door was open—this pair of blankets (produced) are mine—there is no mark on them, but they are in one; they have not been cut—here are some others, I know them also, and there was a sheet, but nothing has been found but the blankets.

THOMAS WOOLSTONE , I am in the service of Mr. Tilley, a pawnbroker, of No. 1, Mile End-road. I produce this pair of blankets, pawned, by a female on 24th May, in the evening, and I believe between 9 and 10 o'clock—I know it was gas light; I should not think it was after 10 o'clock—we keep open till 12 o'clock on Saturdays.

ELIZABETH RINGROSE . I am single, and am an aunt of the male prisoner; I live at No. 13, Globe-road. On this Saturday night, about 10 o'clock, he brought me two blankets, wrapped up in a coloured apron—I did not open them—he asked me if I would pledge them for him—I said, "No," and he went away, leaving them with me, and I gave them to the policeman on Monday.

ESTHER OAKLEY . I live at No. 2, Johnson-street On this Saturday night, at 20 minutes or half past 10 o'clock, I saw the female prisoner coming out of Mr. Phillips's yard—I saw the male prisoner about 10 minutes afterwards, about twelve doors down the street, as near as I can guess; he was a short distance from the house.

Cross-examined by MR. HORRY. Q. Was the male prisoner standing by himself? A. He was walking by himself—the woman came from the yard of Mr. Phillips's house, which is in front of the door—when I was coming up the street I looked at a clock, and it was 20 minutes after 10 o'clock.

WILLIAM CHARLES POTTER (policeman, K 212). I received these two blankets from Elizabeth Ringrose—I took the prisoners on Sunday, the 25th—I told the male prisoner the charge at the station, and he said, "I was not near the prosecutor's house; I was in the Whitechapel-road"—I had not told him at what time—the female was taken afterwards, and I told her that she was charged, with her husband, with stealing blankets from Mr. Phillip's house on Saturday night—she said that she knew nothing about it; she was in the Whitechapel-road with her husband—on the way to the station, she said that she did not see why she should suffer for her husband; she was living asunder, with her mother, and had got a child, and her husband gave her no money; that she saw her husband in the Whitechapel-road, and he gave her two blankets to pledge; that she pledged them for 6s., gave him the money, and he tore the ticket up—I went to the prosecutor's house, and found the window on the ground—the house is about half a mile from Johnson-street.

Cross-examined. Q. You took the male prisoner first? A. Yes—I took

the female at her mother's house; she said "My husband is a lazy fellow; I do not see why I should suffer for him."

JOHN RINGROSE— GUILTY . Aged 23—Recommended to mercy by the Prosecutor.

— Confined Twelve Months.

REBECCA RINGROSE—NOT GUITY.

Reference Number: t18560616-628

628. JAMES KENDALL , robbery, with a person unknown, on William Isaacs, and stealing 1 watch, 1 chain, 1 seal, and 2 keys; his property.

MR. HORRY conducted the Prosecution.

WILLIAM ISAACS . I am a coachman, of No. 5, Saville-row, Walworth. On Monday night, 12th May, about 10 o'clock in the evening, I was in Norton-street, Fitzroy-square, and just as I get to the corner I heard two men's voices—as I got to the railings I saw the prisoner and a shorter man coming towards me—we should have both met, but, having my umbrella up, I held it down, for them to see how much room to take—as they turned the corner I heard one say to the other, "There is a prig," or, "Take a prig;" the other grasped my watch; the swivel broke, and left the watch—I called, "Police! stop thief!" and, with my umbrella up, turned to go after him, and as I ran across the street the prisoner came close to me, and touched me between my legs twice with his leg to trip me up, and when he found he could not succeed he pushed my umbrella over my face, and I fell, and dislocated my shoulder—I am sure he is the man—I am still goffering—my rail nearly tripped him up; he came against the umbrella, and could hardly save himself from going down too—he took hold of me as if to help me up—Mr. Johnson came up and took hold of me—I said, "Pray, take care of my arm; it is either broken or dislocated;" and the moment I got on my legs I said, "That is one of the men who has robbed me; take him into custody;" but no police came—the prisoner said, "I do not know anything about tile man that is gone; I only stopped to assist you; "but they were both together—a cab came up, and Mr. Johnson spoke to the driver—the prisoner told the driver that he had only stopped to assist me, got behind the cab, and made off as quickly as possible.

Cross-examined by MR. RIBTON. Q. Is your shoulder getting better? A. I cannot get my hand forward yet—I have always been sure of the prisoner—I am not aware that I have said that I was nearly sure of hint, but you may take it so, if you please—I can be nearly sure, and a little more; I can be near the end of the journey, and get to it afterwards—I saw the prisoner's ride face, and when he got up and spoke I saw him again—I said that if he had whiskers they were light (the prisoner had no whiskers)—if a man has light whiskers, they may not be seen by lamp light—I afterwards saw him in a room—a constable opened the door, and said to me, "You go in," but he did not point out the man; he did not enter—there were a dozen or move in the room—I did not say that the prisoner resembled the person—I went into the police court with Mr. Johnson—I said to the constable, "He is like him, and it is him"—I said, "He resembles the man who robbed me," and I also said, "I know it is him"—I have never said that I would not swear to him—I do not recollect the constable saying, "That will do, he is the man; "I will not swear that he did not—it was a rainy night; there were lamps alight—I had not been to a convivial party, I bad been to a coffee house—I was driven there by the rain, and had a rasher of bacon, a cup of coffee, and some toast—I did not have a glass of anything—I told the policeman I was not certain whether it was a small hat or a cap, but I thought it was a hat, and if it was, it was a small one.

MR. HORRY. Q. Were you examined at Bow-street by a solicitor? A. By Mr. Lewis, I think it was—I was asked about whiskers, and I said that if he had whiskers they must be very light ones—there were gas lamps—I had passed the Adam and Eve public house before I was attacked; that is a quarter of a mile from the corner of Norton-street.

FOWELL BUXTON JOHNSON . I am articled clerk to an attorney, and live at No. 44, Duke-street, St. James's. On 12th May, about 10 o'clock in the evening, I was in Norton-street, and saw Mr. Isaacs and two men following him, three or four yards off—the prisoner is one of them, and the other was behind him, but they were quite close together—as they got to the corner of the street I saw the smaller one snatch at Mr. Isaacs, and then run away—the prisoner was at that time standing close against Mr. Isaacs, and pushing against him—I ran across the road to help him; the prisoner offered him his hand, and he said, "That is one of the men"—a cab drove up, and while I was speaking to the driver, the prisoner ran or walked off—I am perfectly sure he is the man.

Cross-examined. Q. What had you taken? A. I had been at a private house to dinner, and had only one glass of wine after dinner—I saw the prisoner in a cell, but was not certain of him till I heard him speak—I heard him say on this night, "I am innocent," or, "I have nothing to do with it"—I observed his voice, it was very peculiar—I recognized his face, but I knew him by his voice as well—I could not have recognized him without his voice, or without his face; it is the conjunction of the two which makes me say that he is the man—the taller man of the two had a cap, I think, but I am not sure; this is the taller one—if Mr. Johnson says that it was a hat, that would not alter what I say—he was shown to me standing, with a dozen more, in a passage which all the cells open into; the constable said something, and he said, "What is all this about?"—I then said, "That is one of them"—it is a very peculiar voice, rather cracked.

FRANCIS LEVERETT (policeman, S 68). On Monday night, 12th May, I was on duty in the New-road, about half past 10 o'clock, near the Adam and Eve, and saw the prisoner and another person—I afterwards saw them both at Bow-street—they were standing by the corner of the Hampstead-road, in the New-road, by the King's Head—that is a few yards from the Adam and Eve, and about 500 yards from where the prosecutor was accosted.

Cross-examined. Q. Was the other man in custody? A. He was taken into custody on Wednesday for assaulting a constable.

JOHN SIRWELL (policeman, S 24). I took the prisoner on a charge of assault—I saw him on the night in question, about half past 12 o'clock, at the comer of Tottenham Court-road and the New-road, with the other prisoner, whom I took for an assault on me.

Cross-examined. Q. Have you ever before said that you saw him at 12 o'clock? A. Yes, at Bow-street—if it was not taken down, it was said, but I was only examined on the assault charge, not on the robbery—I am sure I saw him, I know him well; he is always out there at all hours of the night, and the other man too, but he was not identified as the other man who robbed Mr. Isaacs.

(The prisoner's statement before the Magistrate were here read as follows: "I deny the charge, and have witnesses to prove that I was at home.")

(George Kendall, the prisoner's brother, and Henry Stewart, a pointer, gave the prisoner a good character; but William Johnson and Henry Bingham, policeman, deposed to his having been summarily convicted, and being the constant associate of thieves.)

GUILTY **† Aged 21.— Confined Twelve Months.

OLD COURT.—Friday, june 20th 1856

PRESENT—Mr. Justice COLERIDGE; Mr. Ald. COPELAD; Sir JOHH MUSGROVE, Bart, Ald.; and Mr. COMMON SERJEANT.

Before Mr. Justice Coleridge and the Second Jury.

Reference Number: t18560616-629

629. GEORGE FREDERICK LILLYCRAP , feloniously removing and concealing part of his personal estate, after an adjudication of bankruptcy; with intent to defraud his creditors.

MR. SERJEANT PARRY, with MESSRS. HENNIKER and M. J. O'CONNELL

conducted the Prosecution.

JOHN WRIGHT . I am an usher in the Court of Mr. Commisoner Goul-urn. I produce the proceedings in the bankruptcy of Lillycrap—(These being put in, the petition woe dated 28th April, 1855, and fa adjudication the came day.)

JOHN KEBBLE . I come from the Registrar's Office of the Bankruptcy Court. I produce a declaration of insolvency filed at that Court—(this being read, woe dated 27th April, 1855.)

JOHN CHECKETTS . I am clerk to Mr. Hamber, a messenger of the Court of Bankruptcy. I was present in the Court of Mr. Commissioner Goulburn, on 3rd May, 1855, when the prisoner appeared—I witnessed his surrender.

JOHN GEORGE FLEET . I am a wholesale grocer, and carry on business in Fenchurch-street, City—the prisoner was a customer of mine; he was a grocer, trading in Bishopsgate-street—at the time of his bankruptcy he was indebted to me about 297l.—that was for goods sold and delivered—I am the petitioning creditor.

EDWARD PINN . I was a shopman in the employ of the prisoner for about ten months—about 27th April last, he called me up stein into the sitting-room, and asked me if I had got a friend that could take care of some goods, furniture, etc—I said I thought I had, and I went to a friend of mine of the name of Clark—I saw the prisoner again the same evening, and told him that my friend Mr. Clark had room to take care of some goods—he requested me to get up at 6 o'clock the following morning, to assist in removing—I did get up at 6 o'clock, and found the prisoner in the shop—Long was not there then—he came down afterwards—Stallybrass was not there—I assisted in removing—there was a van at the door—I believe it was sent by Chalk—I assisted in getting six bags of coffee into the van, a sofa, a chest of drawers, and two hampers containing glass—I then went with the van to Mr. Clark's, No. 4, Princes-street, Spitaifield's—about two hours afterwards I saw the prisoner again—he asked me if I had taken care of the goods, if I had delivered the goods—I said I had—this took place about a fortnight before the bankruptcy—'! remember a meeting of creditors at the Catherine Wheel Inn—these goods were removed about a week after that meeting—I remember the messenger from the Court of Bankruptcy coming—it was on a Saturday—I do not remember the day of the month—the prisoner was then in the shop—he did not give me any directions just then; in the evening when Stallybrass, the porter, was with me, he directed us to go up stairs and remove some spices that were in the top room—we were to remove a bag of pepper, a ton of spice and a bag of doves, through the trap door, on to the roof—we did so—the prisoner came there while we were removing them—that night after the shop closed I was called into

the room, and the prisoner told me to go into the cellar and assist Long in covering up a box of raisins—I did so—Long and I took it out of the cellar into the further cellar where the coals were kept, and Long covered it over—I did not see the prisoner during that time—he afterwards gave me a list of debts to collect—I have not got it—I made away with it, lost it some how—I have looked for it and cannot find it—in consequence of receiving that list, I collected some debts, 4l. 12s. from Mr. M'Gruther and between 30s. and 2l. from Mr. Stirland—about a month after the bankruptcy, the prisoner called on me, at Mr. Clark's, and asked me when he could have the goods that were there—I said he could have them at any time, and he sent for them the next evening—I was there at the time—he brought a van—I saw him and Stallybrass, and the goods were removed into the van; the same goods that had been brought there; the whole of them—the prisoner went away with them—I do not know where they went to—the name of Chalk was on the van—the value of the six bags of coffee would be between 10l. and 20l—there was about a cwt. and a half of coffee in each bag—coffee is of different prices—I did not see this coffee—I do not know the value of the spices and cloves, or the furniture, I should say it was between 10l. and 12l.—there was about half a cwt of pepper—that is worth about 112s. a cwt; there might be about a quarter of a cwt. of cloves—I have no idea of their value—they vary very much in price—we sell them at about 3d. an ounce—the mixed spice was in a large tin, but I do not know how much there was in it—the box of raisins was about three quarters of a cwt, they were Sultanas—I do not know the value of them—they are sold at about 6d. a pound—I received 7l. from the prisoner, for assisting in taking care of the goods.

Cross-examined by MR. SERJEANT BALLAHTINE, Q. I suppose you were perfectly innocent in all this, you had no notion that you were doing wrong? A. I did not know—I received the 7l. for warehousing the goods for about a month, for assisting in the removal and taking care of them, and for collecting the accounts—I was in the prisoner's service—it was my duty to collect the accounts and to remove goods if he told me—I received the 7l. after I was out of his service—I thought I had a right to it for removing the goods—I was not a servant of his at that time—that was after the bankruptcy—I knew it was after the bankruptcy—I did it by his direction—I did not think—it was honest—I removed them knowing it was not hones knowing that it was to cheat his creditors—I did not threaten to tell everything against him, unless he gave me some money—I made no threat at all to him, or to anybody—I applied for the 7l.—I told him I thought I was entitled to it for taking care of the goods—I believe that was all I said—I wrote a letter to him—I saw him afterwards, about three weeks afterwards—I believe that was before he had passed his examination—I did not tell him that I would expose the whole thing, unless I had some money—I asked him for some money for taking care of the goods, and he gave me 7l. that was all that passed—I do not know what became of the goods ultimately.

MR. PARRY. Q. Whether you thought it right or wrong, have you told us all that took place between you and the prisoner with reference to the removing of these goods? A. Yes, I have told the whole truth.

FREDERICK LONG . I am now a private in the 4th Dragoons, stationed at Brighton—I was an assistant in the prisoner's service for about eight months, up to his bankruptcy—I remember his being married—the house was partly furnished before he was married—I cannot exactly say when he was married,

I think it was in April, three or four months before his bankruptcy—there was some furniture brought into the house afterwards, drawing room and other furniture for different parts of the house—I remember some coffee being removed before the bankruptcy—a few mornings before the bankruptcy I came down about 7 o'clock, and found the shop in concision, and some bags of coffee and canisters had been removed out of their places, some of them were taken away—I did not assist in the remoral—the next evening, asked the time of the shop closing, about 8 or 9 o'clock, the prisoner asked me and Finn to get tip a little earlier next morning, to assist in removing some more goods—we did so, we got up about 6 o'clock, and removed a sofa, and drawers, and two hampers (I lived in the house)—some coffee was removed out of the drawers, I believe, I cannot say how much; it was put into bags, two or three bags, I think; there were no more that morning—this was the morning that Chalk's van was at the door—I think in weight there was about nine or ten cwt—I cannot exactly say the value, there were two or three different sorts of coffee—about 60s. a cwt. would be about the average value—I did not do with the goods—I did not assist in any other removal of goods—I remember the prisoner going to the Bankruptcy Court to be examined—I heard him say that he thought he should get through, and be enabled to open shop again—I remember the messenger of Bankruptcy coming—I do not know of my own knowledges of anything having been done whilst the messenger was there—there was a box of raisins removed—I know of that—I did not see it done—I saw it afterwards in the coal cellar covered up with coals—there was some spice removed into a closet in the appear part of the house, the spice closet—there is a trap door in that closet, leading on to the roof—a bag of pepper, some spice, and part of a bag of cloves were put on the roof—tine messenger was then in the shop, taking stock with the broker, taking an inventory; I do not know whether the prisoner was there when these things were moved—I did not assist in the moving, I did not see them, Pinn told me of it—I only knew it from what I bare been told—the prisoner promised me 5l. if I would stop with him after his bankruptcy, and assist him—he said nothing else—I believe lie made mention that I should not say anything of this affair—I afterwards received 2l. from him.

Cross-examined. Q. Did you net threaten that unless he would give you 5l., you world split upon him? A. No—I. Swear that—I never made use of the expression in any shape whatever—I did not send him any message to that effect—to the best of my knowledge I did not convey that in any way to him—I wrote several letters to him—I would not swear that I did not demand 5l. from him, and say that I would split upon him if he did not give it—I did not know that I was acting improperly in removing the furniture—I did not know where it was going, nor what the object was of its being removed—I did not think it was going to the creditors, I did not know where it was going—I did not think of it at all, I did not trouble myself about it, I did not know the nature of the case at all—I did not know where it was going, and did not care—I was to have the 5l. for stopping with Mr. Lillycrap, it was his own offer—my salary was 25l. a year—I was to have 2l. 10s. a week for the fortnight, for assisting him, and gathering in small accounts—I had no more work be to do then when I received 25l. a year—I was a little surprised at his offer—I did not express my surprise, when he offered it—I knew he was a bankrupt, and that these goods were being removed after the bankruptcy—I did not know it was improper—I did not

afterwards speak of the 5l. as a paltry 5l.—I do not remember it—I pledge my oath that I did not know I was engaged in anything improper.

WILLIAM THOMAS STALLYBRASS . I am a cellarman at No. 25, Brunswick-street, Hackney-road. I was occasionally employed by the prisoner—at the time of the messenger from the Court of Bankruptcy being there I was employed in taking stock—the prisoner directed me to put some things through the trap door on to the top of the house—I put there a bag of pepper, a bag of cloves, two tins of cayenne pepper, and a canister of mixed spice—about a month afterwards I went into the cellar, and under the coals I found a box of Sultana raisins—after the bankruptcy he sent me to Mr. Pinn's, to try to get some things away; that was at Mr. Clark's, in Princes-street, Spitalfields—he directed me to ask for the furniture he had there—Mr. Pinn would not let me have it—the prisoner afterwards told me to get a van to fetch the goods—I did so—the van was there when I got there, and there were some things in it; six bags of coffee, 2 hampers, a chest of drawers, and a sofa—this was about 8 o'clock in the evening, it was light—they were taken to Mr. Lillycrap's shop, in Bishopgate-street.

Cross-examined. Q. Did you hide the raisins under the coals? A. No, nor put the coals over them—I saw the box there, and left it there—I did not tell the messenger of it, he was gone then—I never told anybody about it—I was not employed to take an account of the things, I only weighed them—I do not recollect whether I weighed the box of Sultanas; it is a long time ago, I have rather a bad memory—I cannot say now that I weighed them—I left them there—I did not report them to anybody—J do not know that it was my duty to do so—I did not know who to report to—I mentioned in my evidence that they were there—I remember a quarrel between Long and Pinn.

FREDERICK LONG re-examined. I do not remember accusing Pinn of robbing the prisoner of 100l.—I swear I did not—I never remember quarrelling with Pinn at any time after this—I never accused him of robbing the prisoner of 100l.—Pinn did not say that he had made it by selling goods for other parties—I did not tell Pinn that he had told me when he came into the prisoner's service he had not money enough to buy a dinner, nor any clothes, and that when be left the service he had two boxes full of clothes, and 100l., nor did Pinn admit it—I never remember having the slightest quarrel with Pinn when he lived there; there is not a word of truth in it.

EDWARD PINN re-examined. I had no quarrel with Long after the bankruptcy—I do not recollect Long accusing me of robbing the prisoner—he never did—I swear that—I swear he never accused me of robbing the prisoner of 100l.—this is the first I have heard of it; there is not a word of truth in it.

WILLIAM THOMAS STALLYBRASS re-examined. I do not remember a quarrel between Long and Pinn—I did not say just now that I did; not between Long and Pinn, between the prisoner and Pinn—the prisoner accused Pinn of keeping his goods; that was all there was a quarrel about—I put some pepper down a trap door—I did that by the prisoner's orders—I suppose it was done to cheat his creditors.

FRANCIS DOLLMAN . I am solicitor to the assignees of this estate. I am acting here under the direction of the Commissioners in Bankruptcy—I am the witness to this declaration of insolvency—this is the signature of the defendant—I conducted the examination of the bankrupt before the Commissioners

—this is the original examination—he signs a general declaration when he surrenders, which is on the record—(MR. SERJEANT BALLANTINE objected to the reception of the examination, but did not argue the point, it being at present under the consideration of the Judges in another case. MR. JUSTICE COLERIDGE was of opinion, as at present advised, that it was inadmissible: but as most of the Judges seemed to be of a contrary opinion, and the matter was yet undecided, he would receive the evidence, and reserve the point if necessary)—the declaration is dated 3rd May, 1855, and is as follows: "I George Frederick Lillycrap, &c., do solemnly promise and declare that I will make true answer to all such questions as may be proposed to me concerning my property, and make a full and true disclosure of all that has been done with that property, to the best of my knowledge and belief"—That is signed by the bankrupt, and by the Commissioner—the date of the examination is 18th July, 1855—the whole of it is not signed by the bankrupt, it consists of six sheets altogether; the two last are signed by him, and not the others—in examining him I did not make him sign each sheet at the bottom as we went on, and when the examination was concluded I spoke to the registrar of the Bankruptcy Court, as to whether it was right to ask him to sign what he had afterwards declared to be false, and he said he did not think it was, and thereupon the bankrupt, who heard this, declined to sign more than the two last sheets of 'the examination—he was under examination altogether about an hour and a half—I am able to state that the first four sheets are perfectly correct, they were taken down by my clerk in my presence—he is here—I read them over to the prisoner—after denying everything for a long while, he eventually, when I asked him a question, asked me to allow him to go home—he said I had taken him by surprise—I said, "No, we must complete the examination"—he then coloured up very much, and got confused, and at last he said, "I will tell you the whole truth about it"—that was exactly preceding the words, "in fact notwithstanding;" that was my way of rendering the effect of his hesitation, and this discussion.

Cross-examined. Q. You were examining and your clerk taking down? A. Yes—he did not take down the questions and answers—the Commissioner sits in his place, but does not interfere; his place is very often vacant, he was there part of the time—he was not there at the time this discussion arose, or when the prisoner began to state that what he had said was wrong—my clerk and I had the prisoner between us; he had no counsel or attorney there—(MR. SERJEANT PARRY, after this evidence, did not think it right to put in the examination.)

NOT GUILTY .

(There was another indictment against the prisoner for a misdemeanor, upon which MR. SERJEANT PARRY offered no evidence. )

Reference Number: t18560616-630

630. BERNARDO HENRIQUEZ was charged, upon the Coroner's Inquisition, only, with the wilful murder of Verselli Calligar.

MR. WALTER SMITH conducted the Prosecution.

SANTO DE GARCIA (through an interpreter). I am a Mexican sailor. On Thursday, 15th May last, I was lodging at Seymour's house, No. 31, Wellclose-square, and had been for some time—I was out on that day with the prisoner—about the middle of the day I walked home with him to Seymour's house—we applied to get in at the front door—no one came to let us in—they told us to go round to the other door, round the corner—I could not tell who it was that said that, as I was out of doors and they were inside—I did not know the voice—we got in by the side door—there was

some one answered from inside the room to break a square of glass—at last I got into the coffee room—the prisoner was with me—there were two men in the coffee room playing at cards—Prefanio and the deceased, and Indra were there—Verselli, I do not know his other name, was playing with Prefanio—when we got in, a quarrel took place—the deceased spoke to me—I had a quarrel with one of the witnesses—I do not recollect the deceased coming to stop the quarrel; I was not wounded is that quarrel—I did not see anything—I did not see whether the deceased got up or not—I did not see him move; he way seated, playing at cards—I did not see anybody strike him—I did not see him wounded—I did not see anything of him afterwards till I saw him at the hospital—he was wounded then—I wag a little drunk; I had had two glasses of gin; the prisoner had had the same as me—I had been with him all the morning—we had the grog at the Cock and Neptune, in the vicinity of the lodging, near 1 o'clock.

Cross-examined by MR. COOPER. Q. Was a person of the name of Idra there? A. Yes; I do not know whether Idra is a distinct person from Prefanio, or the same person—I do not know whether Idra is the man that is called Verselli—I do not know what countryman Idra is—he did not offer to fight me.

COURT. Q. Did you fight with any one then? A. did—I do not know the name of the person I fought with—(Idra was here called in)—it was with that man—the prisoner was inside the room at the time I was fighting with that man—I do not recollect whereabouts in the room I was—I do not recollect whether the prisoner was standing by my side, but he was in the room.

MR. SMITH. Q. Were you wounded? A. Nothing at all; I was not wounded; it was only with the hand, there was no wound.

COURT. Q. Did you have any blood upon your face? A. Yes.

VASCILIE IDRA . I am a Greek sailor. On 15th May last I was at Seymour's lodgings—I went there to lodge that day—I was in the coffee room when De Garcia and the prisoner came to the front door—they kicked at the door, and asked to come in—I spoke to them through the door, and told them to come to the next door—they at last came into the coffee room, through the side door—at that time there was Verselli Calligar along with another young chap named Prefanio, playing at cards ia the coffee room; and I was there—a quarrel took place between me and De Garcia, he came and shoved me—I said, "What for shove me?" in my language, in Greek; and he hit me on the nose; and we fought both of us—De Garcia struck me first; then Calligar got up from the table; and the prisoner stabbed him; and he said, "Oh!"—I no hear him say anything before he got up from the table—I no hear him interfere at all with that fight—I no hear him say anything—I was fighting with the other man; and he just got up from the table, and the prisoner stabbed him directly.

COURT. Q. De Garcia struck you first, you say? A. Yes—I struck him again—we fought, both of as—the fighting lasted about five minutes—then Calligar got up.

MR. SMITH. Q. After Calligar got up from the table that happened I A. I had just been fighting with the other man—I no hear him say nothing—it was the prisoner who stabbed Calligar—that was immediately be got up from the chair—I no hear Calligar say anything, or see him do anything to the prisoner before he stabbed him—I do not know whether Calligar had any weapon with him—he had no knife in his hand, or anything else—his

hands were empty, because he was playing at cards; and he got up and he was stabbed.

COURT. Q. What did the prisoner stab him with? A. With a knife—I saw him get the knife from hare (The lower part of the lay)—saw the prisoner stoop down to his boot—I saw both bands go in the boot—then I saw the knife in his hand, and he stabbed torn directly—I had not seen him with the knife before—after this the prisoner wait down stairs into the kitchen—I did not follow him—I went along with Verselli to the doctor's—he put his hand to his belly, he was bleeding, not much—I could not see the blood because of his jacket—the doctor's was very close, about three doors off—I afterwards went with him to the hospital.

Cross-examined. Q. When the deceased rose from the table did you see to whom he was coming? A. I did not see anything of it—I did not observe the expression of his face, I was fighting along with the other man—he just got up from the table—I do not know whether foreigners use knives, I have not seen them before—I did not see any blood on the prisoner's head—I did not see him afterwards washing his hands—directly he stabbed the man he ran away quick—there was a Spaniard in the room at the time Calligar rose from the table—there were five persons is the room altogether—I did not see any one of those five persons strike the prisoner, nobody struck him—I did not see the prisoner's head afterwards with blood on it—nobody struck him while I was there—I do not know whether the other persons had been quarrelling—two were playing at cards, two were fighting, the prisoner sat down—I saw Calligar get up from the table, and he stabbed him directly.

MR. SMITH. Q. You say there was a Spaniard there; was that De Garcia? A. I do not know him at all, it was the man that was here just now.

AUGUSTINO PREFANIO . I am a Greek sailor. On 15th May last I was ledging at Seymour's—I recollect De Garcia and the prisoner coming and knocking at the front door—they afterwards came in through the other door, and came into the coffee room—at that time I was sitting there with the deceased Calligar, playing at cards with him—I was quite sober, and so was the deceased—Idra was there—I cannot say for certain whether he was sober or not—after De Garcia and the prisoner cane into the room, Idra had a fight with De Garcia—at that time the prisoner was close to De Garcia's side—Galligar got up from his chair when they were all a fighting and told them to be quiet—I was not fighting—he moved about two or three paces, and then the prisoner took a knife from the side have (Painting to tie waistband of his trowsers), and made two stalls at the deceased—I saw the prisoner give the stabs; it was two Stabs, and when. he had stabbed him he went below into the kitchen—I did not follow him—the policeman came in, told took him into custody—Calligat sung out, "Oh!" and put his hand to his sides where he was wounded, and they took him to the doctor's—I afterwards saw him at the hospital, alive, and dead also.

GEORGE COX (policeman, H 138). On 15th May lass I was called to Seymour's, No. 31, Wellclose-square, in the middle of the day—I went in search of the prisoner, and found him in the kitchen, standing behind the door—I took him into custody—he had his jacket off, and was standing by a sink—I made him put on his jacket, and took him to the station, and then to the hospital, where I searched him, and found this knife sheath down in his right boot leg, inside the stocking—there was no knife in it—it was a boot that came up a little way above the ankle.

Cross-examined. Q. Might it not have slipped there through the trowsers?

A. It might—I have seen a great many of these foreigners—I have seen them with sheaths of this kind in their hands; a great many wear them at the side, with the waistcoat over them—I believe it is an English made knife, bought in Ratcliff-highway; a great number of them are sold there, I believe they call them bowie knives—I saw a slight cut on the prisoner's head like a scratch, with a little blood running down on the right side of the head—it was more like the scratch of a pin, it was scarcely anything—he had long drawers on which went right down into his boot, so that this sheath might have run down the leg inside the boot.

CORNELIUS FOAY (police sergeant, H 7). On 15th May I went to Seymour's, about 4 o'clock in the afternoon—I went to the sink in the kitchen, looked under it, and found this dagger secreted underneath the sink—the sheath was not with it.

COURT. Q. You use the term "secreted;" was it his away in a hole, or lying on the ground? A. In a hole under the sink, quite in a dark spot—I had to get a candle to find it, it was in a hole in the wall of the sink, pushed in; it was not lying down upon the floor, but put into a hole.

ANDREW GERNON (police inspector, H). On 15th May I sent for the prisoner to the hospital, and was there when he was brought—the deceased was there on a bed, he was suffering very much from his wound—the doctor was there, and told me he did not expect he would live—the prisoner was taken to his bedside with two others, the deceased rose up his head, and said, "Yes, yes," pointing to the prisoner, and made a motion with his hand to his side—he could not speak much English, but he could a little—he made a statement in the prisoner's presence, which was read over to the prisoner by the interpreter—he made it partly in his own language, and partly in English; he could answer me some questions in English—I reduced it to writing at the time from the mouth of the interpreter—I then asked him in English to make his mark, as I thought he could not write—he said, "No, no," making a sign for a pen, and he rose up and wrote his name in his own language to the statement—I then took the prisoner directly before the Magistrate—I brought him back again with the Magistrate to the bedside of the deceased, but he was then too ill to make a deposition, and he died next morning.

Cross-examined. Q. Did the prisoner ask anything through the interpreter? A. The interpreter read this over, and I understood from the interpreter that he denied it all.

ABRAHAM MELDOLD . I am the interpreter in this case. On 15th May I was at the hospital with inspector Gernon when the prisoner and Calligar were there—Calligar made a statement, which I translated into English, and the inspector took it down—this is it, I signed it; I read it over to the deceased in the prisoner's presence, and he said it was all correct, and signed it—(Read: "About 12 o'clock this day Bernardo Henriquez came to the lodging house kept by Mr. Seymour, and without making any remark took out something like a knife, and gave me a stab in the side; the man brought before me at the hospital is the same as gave me the stab. Signed, Verselli Calligar.")—that is a correct translation of what he said.

Cross-examined. Q. Did you read it to the prisoner in his native language? A. Yes—he replied that he did not do it, he said nothing else—he did not say, "It is not true;" what he said was, "I did not do it."

JOHN BROWN ROSS . I am house surgeon at the London Hospital. On 15th May Calligar was brought there suffering from severe wounds—there were three wounds altogether, one in front of the abdomen on the right side,

about three inches in length, communicating with the cavity of the abdomen, piercing through; one on the right side, between the tenth and eleven ribs, which extended for two inches—the knife had extended round the side and come out again, so that though it was only one stab, there were two wounds—it was about an inch and a half in breadth, and extended for two inches under the skin, and came out again on the tenth rib; it was merely a flesh wound—on making the post mortem examination, I found that the stomach had two wounds, one about three inches in length, where the knife had entered, and one about an inch and a half where it came out, so that it had transfixed the stomach—that had caused death—the man died in thirteen hours—the wounds might have been produced by this weapon.

GUILTY . Aged 23.—Recommended to mercy by the Jury, being a foreigner.

DEATH .

Reference Number: t18560616-631

631. JAMES MOORE feloniously setting fire to a house, the property of George Mustin Simpkins, with intent to injure him.

MR. PLATT conducted the Prosecution.

GEORGE MUSTIN SIMPKINS . I am a carpenter, and live at No. 2, —the house, No. 10, Earl-street, belongs to me—I occupy the whole of the workshops, and let out portions of the house to different tenants—I occupy the whole of the workshops at the back for the purposes of my trade—there are three, one over the other—there is a covered way from the house to the lower shop—the prisoner was one of my tenants when this occurred—it was on Whit Monday morning, 12th May—he lodged in the first floor front room, and had done so about twelve months—I was in my bottom workshop on the Friday before—I left it about three o'clock that afternoon, it was then quite safe—I looked it up, and took away the key with me—I left no fire of any description in the place—I live close by, in sight of the house—on the Monday morning after, about half-past 5 o'clock, I heard a knock at the door, I went to the front room window, looked out, and saw the prisoner at the door—he said, "Get up directly, your workshops are all on fire"—I put on my clothes and went over—the bottom shop was all on fire when I got there, it was blaring—about 145l. worth of damage was done altogether—about half of the building was destroyed—the flooring in the second shop was destroyed, and part of the third flooring, and the roof partly injured, and there were tools and other things destroyed—assistance arrived, and the fire was got under—the prisoner owed me a little rent at this time, about 50s.—I had not said anything to him about it, no more than I might have said several times, "If you don't let me have some money, I shall certainly distrain upon you"—I had been in the habit of saying that.

Cross-examined by MR. LANGFORD. Q. On this morning were you disturbed by a knock, or several knocks? A. Three distinct knocks, very loud—there are seven tenants in the house besides the prisoner—he has always been very civil—I am not sure that I said I would distrain—I am often obliged to say it to the other tenants, but I never do it—I might very likely have said it to him as I have to others—there was not the least cause of quarrel or animosity between us—I believe he is given to drink for about three weeks at a time—his wife drinks worse than he does—he is a very harmless man; I never heard anything different—I cannot tell you who went for the engine—it is very likely that the prisoner might have gone for the engine, he being the first to come to call me—I heard that he helped pump the engine—I did not see him having any drink after the fire was got

under, I did not give him any—he has some children—his eldest girl was brought out of the window—there were people in the house who were bed-ridden, and one old lady, eighty years of age, I brought out in my arms.

WILLIAM THOMAS HORNSBY (policeman, F 14). About 10 minutes past 9 o'clock on Monday morning, 12th May, the prisoner came up to me in Bow-street—he said, "Have you heard anything about the fire that took place in Earl-street"—I said, "Yes, I have"—he said, "It was me as set it on fire"—knowing him for some considerable time, I said, "Nonsense, I will not believe it"—upon that he gave me this letter, addressed to Mr. Simpkins (Read: "Mr. Simpkins,—The fire that occurred at your house this morning was caused by me, but what made me do it I cannot tell; the person that brings this to you will tell you where I am. J Moore.")—the prisoner appeared to be quite sober—he persisted in his statement, and I took him to the station—on afterwards going to the prosecutor's premises, I found that a fire had occurred, and that the building had been partly destroyed—I said to the prisoner, "What motive could you have?"—he said, "I don't know."

Cross-examined. Q. How long have you known Moore? A. Eight or nine years—he is a picture frame maker—I have known him as a harmless man—I never knew him get into any raw—I never knew that he was a drunken character—I did not see him drank on this morning—he told me afterwards that he had been drinking for a fortnight—I did not perceive that he trembled.

JOHN MILLS MITCHILL (police inspector, F). The prisoner was brought to the station by Hornsby, who produced this letter to me, saying that the prisoner had made a statement to him that he had set fire to the premises of Mr. Simpkins in Earl-street—the prisoner said, "It is quite correct"—I asked his name and address, and entered it on the charge sheet—I then told him that he was charged upon his own confession with setting five to the premises No. 10, Little Earl-street, the property of Mr. Simpkins—he said, "It is all right, it is all correct; I did it"—he appeared quite sober and as sensible in my opinion as he is now—he was calm and collected.

HIRAM MCGILL . I am twelve years old I live with my father, George McGill, at Na, 10, Earl-street, Seven Dials—we occupy the front shop and parlour—the prisoner lodged in the first floor front room over the shop—on Monday morning, 12th May, about 5 o'clock, I heard a person come down stairs—I do not know who it was—the person went into the yard, I could hear him—he remained there about ten minutes or quarter of an hour—he was moving about there—I afterwards heard a person come from the yard into the passage, I did not hear him go up stairs—a few minutes after this, the prisoner came running down stairs, crying oat, "Fire! fire!"!"—I knew his voice—he shut his own door.

Cross-examined. Q. What did you do? A. I got up and went out, and called my father and mother—I do not know who went for the engine—I did not see Moore working the engine—I was not near it, I was by our streets door—T did not see the fire put out—I did not see Moore assist or do anything, nor hear him call anybody.

GEORGE MUSTIN SIMPKIN re-examined. The prisoner once attempted to hang himself, and was cut down very nearly dead—the lodgers in the home told me this—it was about six months ago—when he has been on the drink I have found something very vacant about him when he has been coming to again—he has work at home—he has three children—I have reason to believe he was on the drink for a fortnight or three weeks before this—I

have gone up into his room to see if I could get any money, and he has not been there, and the place has been all at sixes and sevens, like a drunken room.

GUILTY . Aged 40.— Confined Two Years.

NEW COURT.—Friday, June 20th, 1856.

PRESENT—Mr. Justice CROWDER; Mr. Ald. COPELAND; Mr. Ald. Films; Mr. Ald. CARTER; and MICHAEL PRENDERGAST, Esq.

Before Mr. Justice Crowder and the Fifth Jury.

Reference Number: t18560616-632

632. GEORGE WALKER , burglariously breaking and entering the dwelling house of William James Penny, and stealing therein 6lbs. weight of cigars, and other goods, value 8l., his property: having been before convicted of felony: to which he

PLEADED GUILTY . Aged 48.— Confined Eighteen Months.

Reference Number: t18560616-633

633. WILLIAM CONNOR , burglariously breaking and entering the dwelling house of William Wood and another, and stealing therein 1 cash box and other articles, and 1l. 15s. in money, their property: to which he

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

Reference Number: t18560616-634

634. JAMES MINIS , stealing 14 forks and 10 spoons, value 13l; also, 12 spoons and 6 forks, value 10l.; also, 1 watch and 1 chain, value 11l.; the goods of Frederick Gibson Ammonier, his master: to which he

PLEADED GUILTY . Aged 32.—Recommended to mercy.— Confined Twelve Months.

Reference Number: t18560616-635

635. WILLIAM MAY , feloniously aiding and abetting a certain female, whose name is unknown, to kill and murder herself.

MR. W. J. PAYNE conducted the Prosecution.

JAMES MANSFIELD . I am a lighterman, and live in East-street, Kennington. On 27th May, about half past 9 o'clock in the morning, I was at Hosier's-wharf, Holland-street, near to Blackfriars-bridge, on my barge, and saw the body of a person floating—I took a hook and got it, and it was a woman—she was dressed—I hailed a boat, and she was taken on shore—the police took charge of it; it was taken to the dead house—it was about two hours after high water—I said at the time that I thought she had not been in the water many hours—I saw the same person lying at the Coroner's inquest—I noticed her dress, she had a white straw bonnet and white ribbons.

ELIZABETH CHIFFEY . On Tuesday, 27th May, I was called to lay out the body of a female at St. Saviour's Workhouse—the body was brought in by the police about 10 o'clock—I saw no marks of violence on it—her clothes were very wet—she had a white straw bonnet on, and white ribbons—she looked about twenty years of age—I searched her clothes, they were very inferior, and there was no mark on any of them—there was nothing valuable upon her—I do not know who she was.

JAMES BELL (Thames police inspector). On Tuesday morning, 27th May, I was on duty in the police galley, near Blackfriars-bridge—I saw Mansfield have the body of a woman—she had a white straw bonnet, trimmed with white ribbon—I took the body in charge—Inspector Thomas searched her

in my presence, and found a large hair comb, two pieces of ribbon, a white pocket handkerchief a small piece of calico, and some carmine or rouge on it—there was no mark on the handkerchief or on her clothes—that was about two hours or two hours and a half after high water—it was high water about 7 o'clock—anything going into the water at London-bridge between 3 and 4 o'clock would float up and return back—I should say she had not been in the water many hours.

Cross-examined by MR. COOPER. Q. What pace would the tide go between 3 and 4 o'clock? A. About three miles an hour—it is about three-quarters of a mile from Blackfriars-bridge to London-bridge—there are various currents there.

KOBERT MENZIE . I am a surgeon, and live in Stamford-street, Blackfriars. I was called to see this woman by a summons from the Coroner, on 2nd June—I had seen the same body casually, three or four days before; I was passing the dead house, and went in and saw it—I made a post mortem examination, and found the vessels of the head very much congested—she had been drowned, without doubt.

FREDERICK GILL . I live in Abchurch-lane; I am a lamplighter, in the employ of the City of London Gas Company. On 27th May I was on London-bridge, to put out the gaslights, about 20 minutes past 3 o'clock—I met a female on the bridge—she had a white straw bonnet on, trimmed with white ribbon—there was no one with her—she was on the west side of the bridge—I passed her—she was coming towards London; I was going to the south—I met her about the sixth column of the bridge—she had just got on the bridge from the south—I returned in about five minutes, and when I came back near the spot I saw the same female standing on the outer ledge of the bridge—that was further on towards London, fifty or sixty yards from where I had seen her before—when I saw her on this outside ledge, the prisoner was standing on the seat in the recess—he had hold of her wrist—I did not take notice which wrist it was; she was standing still—I noticed a man lying on the seat of the recess apparently asleep—the prisoner let go the woman's wrist, and I heard him say, "Jump in, go in, I will follow you"—on his saying that, she walked a small distance from him, and then dropped herself over—I went to the prisoner, and said to him, "You vagabond, you have murdered that girl"—he said, "My God! I did not think she would do it!"—I saw the girl in the water; she was floating up towards Blackfriars-bridge—I heard her call out, "Help! help! save me!"—that was when she was in the water—I gave an alarm, but she sank before the boats could get to her—she sank as near off Calvert's as could be—a person named Broom was on the east side of the bridge; he came over to the recess where the prisoner was standing, and laid hold of his collar—the officer took him.

Cross-examined. Q. How far was the woman from the prisoner? A. She was not more than half a yard from me—I should say she was a full yard from the prisoner—she walked five or six steps after he had let go her hand—the width of the ledge is about eighteen inches—when she left the prisoner, she was walking straight on, as though she were coming into Southwark again—she walked straight towards me—she was most decidedly the worse for liquor—when the prisoner saw this, he said, "My God! I did not think she would do it!"—he seemed as if he had been drinking a little, but he was not intoxicated, no ways out of the way—it might be excitement, or it might be drink—I have seen other women walk there for a lark—we picked up a lady there on the outside asleep—she sat on the

mains, with her legs hanging over the bridge—I have seen girls going there about Whitsuntide, and men and boys too—I did not know this woman myself—when she dropped, the prisoner held his hand out—I know that bridge very well—persons walking on the other side of the bridge could not distinctly see this woman over the parapet at that time in the morning—they might see a tall person—they could not see this person—they might see the top of her bonnet—it is about four feet from the ledge to the top of the wall.

JOHN BROOM . I am a cook, at No. 139, Bishopsgate-street. On 27th May I was on London-bridge, about half past 3 o'clock in the morning—I was on the side next the London Docks, and coming towards the City—I met Letitia Barry on the bridge, and stopped to speak to her—I was standing still about two or three minutes—I was nearer to the Surrey side than to the middle of the bridge—I saw the prisoner on the other side; I saw him hand a young woman on to the parapet—they both stepped on to the seat first, and then he handed her over the parapet on to the ledge out-side—she left him, and went about two yards from him, and went into the water—I thought he could not have pushed her in; she must have jumped in; I did not see how she went in—he left her hand—I was not near enough to hear the prisoner say anything—I ran over as soon as I saw him hand her over the parapet, and while I was going across the road she went in—I took the prisoner by the collar—he said, "Let me go, let me go"—I said, "I shall not let you go till a constable comes"—a constable came, and he was given into custody—the prisoner might have been drinking—I was sober enough to know what I was doing—I should consider the prisoner sober—I noticed that the female had a white bonnet and white ribbon—I did not notice any other part of her dress—I 'did not see her face—a bonnet was afterwards" shown to me at the workhouse; in my judgment, it was the same bonnet—it was rather wide in front—it was a common kind of bonnet.

MR. COOPER to FREDERICK GILL. Q. I believe when the woman fell in you hallooed out to the boatmen? A. Yes; and the prisoner hallooed out for a boat as soon as he possibly could.

MR. W. J. PAYNE. Q. Did you see the bonnet at St. Saviour's work-house? A. Yes; and the body—in my judgment it was the same bonnet, and the same person.

LETITIA BARRY . I am single. I was on the bridge that morning talking to Broom—I saw the person who afterwards went over the bridge—she was on the opposite side of the bridge to where I was standing, and near the centre of the bridge on the pathway—the prisoner was with her—they went into a recess, and the prisoner handed the young woman on to the seat, then on to the parapet, and, then on the ledge below, on the water side over the bridge—he had hold of her at that time—I said something, and ran across at the same time that Broom did—when I got over I jumped on the seat—the prisoner had been standing on the seat, and he jumped down—the female was then in the water—I saw her go over—I saw her get over to the ledge—he had got hold of her hand as she was walking on the ledge—he had hold of her hand as far as he could reach—he let go, and she went immediately into the water—I saw her in the water—I called the policeman—she had a white straw bonnet trimmed with white ribbon, and a lavender dress, I could not see of what material—a bonnet and dress were shown to me at the inquest—they appeared to me to be the same that the female on the bridge had on—Broom took the prisoner by the collar—he said, "Let me go, let me go"—he made a slight struggle to get away from Broom.

Cross-examined. Q. Were you standing close to Broom? A. Yes; I was talking to him when I saw her drop—I was on the opposite pavement—I was a good deal excited at this—I had not been up all night—I was not aware but that it was later.

JOHN CARLEY . I am a labourer. On the morning of 27th May I was in a recess on London-bridge—I was sitting down with my legs on the seat—I had not been asleep—about half-past 3 o'clock I noticed the prisoner and a female—I heard the prisoner say, "You jump in and I will follow you"—at that time they were standing outside, not in the recess, but close against it—having said that, the prisoner came in the recess, caught hold of her hand, and helped her on to the seat, and from the seat on to the parapet—I jumped up, and before I could get to her she was over—it appeared to me that she went from the parapet into the water—the prisoner was standing on the ground—I did not see him on the seat at all—I hallooed for a boat to save her; and as I turned round I saw the prisoner held by the collar by Broom and Gill, and he said, "My God! I did not think she would do it!"—I saw the woman in the water—she had a white straw bonnet on, I think, and white ribbons—I did notice her gown—the prisoner is a stranger to me, and so was the woman—I suppose the prisoner had been after having a drop—I cannot say whether he appeared as if he had had a drop.

Cross-examined. Q. You know Fencing's wharf side, was that the side she went in? A. No; I said so, but I made a mistake—I had not had 10s. given me the day before—I had been drinking a little—I was not drunk—I sat down to rest—I do not suppose a constable would let me sleep there.

ROBERT WHEELER (City policeman, 557). On the morning in question I was on duty on London-bridge, about half past 3 o'clock—I heard a cry of "Police!" from a recess on the upper side—I went and found the prisoner—Broom had hold of him—I did not see what took place—I saw the woman in the water, floating up the river towards Southwark-bridge—she had a white bonnet, trimmed with white ribbon—I saw what I believe was the same bonnet again—I gave an alarm, but she sank before boats could get to her—I took the prisoner into custody—I told him it was for throwing or assisting the woman to go over the bridge—he said, "I did no such thing, I tried to save her"—I took him to the station, and found some money and a watch on him—he asked for some water, and when he had the pot of water in his hand he said, "By God! I am innocent of what I am accused of"—I believe he had been drinking, but he knew very well what he was about—he could walk—no one has been to identify the woman.

Cross-examined. Q. You had seen the prisoner before? A. Yes, several times—he always seemed a steady man—I know him by sight—I never had any conversation with him—I knew him by passing over the bridge to his work—he is a billiard marker.

EBENEZER BRADBY . I am an undertaker. I have the charge of the dead at St. Saviour's workhouse—on the morning of 27th May, a female was given into my custody—she had a white straw bonnet, trimmed with white ribbon, a lavender coloured gown, and a black cloth mantle—those things were shown to the witnesses at the inquest, and they are here now—there is no mark on the clothes.

HENRY EVANS . I am billiard marker at the Queen's Head, in the Borough, the prisoner was billiard marker at the Three Tuns, close by—on the night of 26th May I was in his company till 3 o'clock in the morning—he was then as right as possibly could be—he had been drinking a little, but was not at all intoxicated—I knew that he lived somewhere near the

Monument—he left me in Union-street, to go over London-bridge—that was about 3 o'clock.

Cross-examined. Q. How long have you known him? A. About nine months—he was a kind and humane man; steady and sober.

SAMUEL COPE . I am a billiard marker. I wag in the prisoner's company from a quarter past 1 o'clock till about a quarter before 3, in' Union-street, in the Borough—I understood from him that he was going home—he had been drinking, but still was not intoxicated—he was a little excited—he was able to walk and knew what he was about.

Cross-examined. Q. How long have you known him? A. About three months—he was a steady, humane man.

SARAH ANN HUDSON . I am the prisoner's sister. He is single—I never knew him to have any acquaintance with any one—I have no notion who this female was.

(The prisoner received a good character for kindness and humanity.)

NOT GUILTY .

Reference Number: t18560616-636

636. ABRAHAM GEORGE THOMAS PALLETT and JOSEPH PARGETER , burglariously breaking and entering the dwelling house of Francis Frebout, and stealing therein 70 pickwicks and other goods, and 4s. in money, his property, and 2 handkerchiefs, value 4s., of Edward Eccles.

MR. RYLAND conducted the Prosecution.

FRANCIS FREBOUT . I keep the Angel and Crown, in Tabernacle-square, Hoxton. I do not reside there, but my mother resides there for me—the property on the premises is mine—I knew nothing of this transaction till I was called to the spot.

ALFRED MANSELL (policeman, G 102). I know the prisoners—they were police constables belonging to the G division—they were on duty on the night of Wednesday, 14th May—their beat was in Tabernacle-square—it included Mr. Frebout's house—at a little after 4 o'clock on Thursday morning, 15th May, I was in the neighbourhood of Mr. Frebout's house—I saw Pargeter standing outside—that was off his beat—both their beats were in Tabernacle-square, but Pargeter's beat did not include Mr. Frebout's house—seeing Pargeter off his beat, I asked him what was the matter—he said some one had been in—I said I would go in and see what was the matter—he said, what was that to do with me—I said it had to do with me, and I would go in—he tried to keep me out—I said I would go in, and he said he would punch my head—I went in, followed by Pargeter—he threw me down and tore my coat—we had a scuffle, and I saw Pallett in front of the bar—he appeared to be very drunk, and Pargeter was quite drunk—when I saw Pallett inside I came out again, and said I thought there was something strange—I saw a brother constable outside, and we had some conversation—the acting sergeant, Cook, came up, and he went into the house with me—I examined the premises and saw the barwoman, and in presence of the prisoners complaint was made that property was missing—I observed that the property had been thrown about and was in a state of confusion—we asked the barmaid where the mistress was, and she went after the mistress—the mistress came down, she looked about while the prisoners were there, and she said some cigars and brandy were missing and two shillings and some coppers—I looked about and could not see any way by which anybody could have got into the house—Pallett was taken to the station—I saw Pargeter in the public house, and he said he was very

sorry the mistress had been robbed, and asked her what she had lost—she told him a quantity of cigars and some brandy, and two shillings in silver and some copper.

Cross-examined by MR. LEWIS. Q. How far is the nearest point of Pargeter's beat from the prosecutor's house? A. About fifteen yards—I found no marks of violence on the house.

WILLIAM HENRY MARTIN (police sergeant, G 4). On Thursday morning, 15th May, I was at the police station in Old-street. Pallett was brought in, he was drunk—he was in uniform—I ordered him to pull off his great coat, and I found in it two cigars, a small bottle of brandy, two handkerchiefs, 1s. 1 1/2 d. in coppers, two 3d. pieces, one sixpence, a tape measure, a gimlet, and a piece of wire—I pulled off his hat, and under his handkerchief in his hat I found fifty-two cigars—I asked him where he got the handkerchiefs—he said he found them in Bath-court—I asked him how he accounted for the possession of the cigars—he made no answer.

—(police sergeant, G 11). I was on duty at the station house—about 5 o'clock in the morning Pargeter was brought in on a charge of being drunk—I found on him fifty-two cigars in his great coat pocket, 10 1/2 d. in copper, two sixpences, two small cakes, and a purse containing 12s. 6d.—no one has claimed it.

EDWARD ECCLES . I am barman at the Angel and Crown public house. I am in the habit of closing the house at 12 o'clock, when the business is over, and sleeping there—on the night of Wednesday, 14th May, I closed the house at a quarter before 12 o'clock; all was safe—the mistress, the servant, and I were in the house, and the potboy in bed up stairs—I left the house at half past 12 o'clock—the servant let me out, she closed the door after me, apparently—I stopped outside a minute or two till she closed it—I pushed the door, it appeared fast, I could not push it open—these two handkerchiefs, which were found on Pallett, I know to be mine by the colour; I have no mark on them—I had seen them that night before I went out, and left them in a drawer in the bar—I had some bottles like this one, but not filled up with brandy—we do not count these bottles—there was 2s. in silver, and 2s. in copper in the bar, and a quantity of cigars—I have not seen the boxes of cigars myself since, but my master told me some were missing—those cigars found on the prisoners are the same kind as those on my master's premises—I had seen the prisoner Pallett on that night outside our door, when I was closing it—I believe I first said it was a fine night—I then said, "Will you take anything to drink?"—he said, "No, thank you, I have just been taking something of a gentleman"—I said I was going out that night, and I should see him, and would give him something then—he said very well, that would do, but I did not see him.

Cross-examined. Q. When you saw him he was on his beat? A. Yes, he had been in the habit of passing our house—when I came out at half past 12 o'clock, I pushed the door to see if it were safe—I am not in the habit of going out and leaving the door ajar—that was the first time I have been out.

ANN DOHERTY . I am the servant at the Angel and Crown; the last witness was barman—I remember his going out after the house was closed on that Wednesday night—he went at half past 12 o'clock, and I fastened the door as well as I could—I let the bolt down as well as I could, but there was some sawdust in the hole—I could not reach the top bolt—after I had let down the bolt the last witness stood outside; he pushed, but could

not push the door open—I thought it was well fastened—I went to bed—I was disturbed about half past 4 o'clock, I came down—there were two policemen in uniform—they were the two policemen, and there were two in plain clothes.

Cross-examined. Q. With the exception of that bolt which did not go down, there was no other fastening to the door? A. No—I do not know whether a good push would push it open.

JANE FREBOUT . I am the prosecutor's mother; I keep the house for him, and live there. On Wednesday night, 14th May, I retired after 12 o'clock, when the place was all shut—I left 2s. in silver in the till, and 2s. in copper on the shelf; there were a quantity of cigars, I think about three boxes—some were full, and some not quite full—there were bottles of gin, brandy, and rum, in the bar in the glass case—I came down about 5 o'clock the next morning—the silver and copper money was all gone—the cigars were gone, and the boxes empty on the counter—there was an empty broken. bottle on the counter, which had contained brandy.

JAMES YOUNG COOK (police sergeant, G 74). On Thursday, 15th May, I was on duty in Tabernacle-square—at 20 minutes past 4 o'clock I saw two constables come out of the Angel and Crown—I got some information from them about the state of the house—I went into the house, and saw Pallett and Pargeter—they had been drinking pretty freely—I asked Pallett what time he found the door open—he said about three quarters of an hour back—I said, "What time was that?"—he said, "About 4 o'clock"—Mansell then came in, and we looked round the house—I went round the back, and could not find any mode by which anybody could get into the premises, except by the front door—I examined the hole into which the lower bolt should go—anybody outside; by a push of their hand, could open it—the hole was nearly full of dust and sawdust—the landlady came down—I asked her what she missed, and she told me—I said to Pallett, "You had better come with me to the station, and explain to the inspector about your finding this door open"—I saw he had his hand in his pocket, and he was crumbling something all the way, and when near the station he dropped these (producing them), which are called bar cakes—I saw his hat examined, and cigars and pickwicks were found in it—a small bottle of brandy was found on him, and these two handkerchiefs, which were claimed by Eccles—I left him in custody at the station, and went and found Pargeter in the road—I placed two constables to see that he did not drop anything, and when near the station he dropped a small bottle and broke it—it had contained rum, or brandy, but I am no judge of spirits—I asked him what he meant by it—he said, "Don't be hard with me"—he was taken to the station, and some cigars were found in his coat pocket.

FRANCIS FREBOUT re-examined. After this was discovered I made an experiment on the door—I think the door was left very unsafe—I and the two policemen pushed it open—we fastened it in the same way as we supposed it had been fastened by the girl, and the policeman pushed it open—I do not suppose it was an extraordinary hard push that he gave, but he pushed it open—I had cigars similar to these, and they were missing—I had no more valuable articles in the bar, all I had of value was gone.

(Pallet's statement before the Magistrate was here read, as follows: "I had been drinking freely that night, and was drunk at the time; on trying the prosecutor's door it flew open; my brother constable came across; I do not recollect anything more after that")

JAMES BRANNAN (police inspector). I am directed by the superintendent

to say that the prisoner's conduct has been very good, except some trifling irregularities.

PALLETT— GUILTY . Aged 28.

PARGETER— GUILTY . Aged 23.

Confined Eighteen Months

Reference Number: t18560616-637

637. JOHN M'KENZIE , stealing 89l. 5d., and 119l. 2s. 3d., the moneys of Henry Streatfield Baker, and others, his masters.

MR. GIFFARD conducted the Prosecution.

HENRY STREATFIELD BAKER . I am one of the partners of the firm of M'Arden and Co.—the prisoner was in our employ, and had charge of the petty cash—we gave him money, and he had to keep it in his cash box supplied to him for the purpose, and he was to pay out of it the petty disbursements of the office—he had a book, and it was his duty to enter in it the money he received, and the payments he made—on 15th May I had occasion to refer to the prisoner's petty cash book, which is here—I found he had not added up either the debtor or the creditor column on 31st Dec.—the ordinary practice of the office is that the petty cash is balanced every month—I added it up myself, and found there was a balance of 89l. 11s. 5d. which had not been brought forward to the following page—the 89l. 1s. 5d. was money that he ought to have had in his hand, which should have been carried forward to 1st Jan., and that is not done—I also found that he had not brought forward his balance from April to May—the balance was struck in April, and is 119l. 2s. 3d. that ought to have been carried to 1st May—that does not include the 89l. 11s. 5d.—when the prisoner came in the office, I told him to add up his book, and he did—I showed him the Dec. account which I had added up—between the Dec. and April, balances had been struck regularly every month, without taking in consideration the 89l. 11s. 5d.—I told him to add up his book, and we would strike a balance, and the total deficiency was the 89l. 11s. 6d., and 119l. 2s. 3d., making 208l. 13s. 8d—I asked him what had become of the money, if he could give any account of it—he said he could give no account of it at all, and it was a very serious thing for him—he sent for his mother—she came to the office, and he then stated (I held not the slightest threat or inducement to him) that he had taken out of the petty cash 10s. or a sovereign at a time, and that he might have taken to the extent of 50l.—my partner then spoke to him, and he said he might have taken 150l., or perhaps the whole amount.

Cross-examined by MR. RIBTON. Q. Is your partner here. A. No, he is in Scotland—the prisoner said he might have paid things away that he had not put down—he looked at every account in the office, but he could find none, and I said I would send for a constable—the prisoner came very well recommended—it was his duty to balance the book every month—it was the duty of the other clerk, Mr. Gordon, to see that he did do it—I trust to Mr. Gordon—I do not look at them myself—I had great confidence in him—I have dismissed him in consequence of this—I told the prisoner to buy a book to keep his accounts—I do not know that if a person called, and the prisoner was out, that Mr. Gordon would pay—I do not know that Mr. Gordon had the key—I found some vouchers in the box, an I O U of Mr. Gordon's for 30l.—I was much astonished at it; I have dismissed Mr. Gordon owing to this very case, it was through his negligence that the prisoner robbed us—I find in this book twelve entries in Mr. Gordon's handwriting in the month of Jan.—the last entry in this book of an amount that Mr. Gordon has entered is 7l. 14s. 8d.—the prisoner was not absent for a week at a time—I know he asked for a holiday in Dec. or Jan.—I do not

know who kept the book while he was away—the book was kept in the safe—Mr. Gordon kept the key of the safe—when I sent for the prisoner's mother he did not appear to me to be agitated—he did not say that other clerks might have paid—I asked him if he could accrue any clerks in the outer office, he said no, he could not—he said he might have omitted to make entries—he never mentioned Mr. Gordon's name—the other months have the balance struck—every month is balanced by the prisoner—there is no mark of Mr. Gordon's that he had looked at the book since Oct—there is then the mark W. A. G.—during that time I have never looked in the book, as we had that confidence in the prisoner and Mr. Gordon—there were three clerks in the same office with Mr. Gordon and the prisoner—I used to go in and out of that office—I saw the cash book on the desk—Mr. Gordon could have access to it—the prisoner bad the key of the box—there was no other key.

GUILTY . Aged 20.— Confined Twelve Months.

Reference Number: t18560616-638

638. WILLIAM THOMPSON , burglariously breaking and entering the dwelling house of Charles Thompson, with intent to steal

MR. METCALFE conducted the Prosecution.

JAMES SMEATON (policeman, S 231.) At half past 12 o'clock at night, on 1st June, I was on duty at South Minims, near the premises of the Rev. Charles Thompson—Copper was with me, he has a key to Mr. Thompson's premises—we heard a noise, and Cooper opened the door with his key, went in, and called out, "Here they are"—Mr. Thompson leaves the key at the station that the police may go in, as it is rather a lonesome place—when Cooper called out, "Here they are," I ran into the garden at the back of the house—I saw Cooper running after the prisoner—I saw him knock him down with his truncheon—I ran and took him, I found on him this chisel, which corresponds with marks on a window which had been forced open—it had been entered by a ladder thirty rounds high—on going to the front of the house, I found the iron crating over the cellar window had been forced up, and the staples wrenched off, and there were marks inside as if some person had been going down the cellar stairs—these two lucifer matches were found in the cellar—I saw no person but the prisoner, he had no hat or cap on—I found this cap in the garden, and Cooper found this hat.

WILLIAM COOPER (Policeman's 224). I was with the other constable; I went in and saw the prisoner in the garden, and another—the prisoner was just at the bottom of the ladder—he ran to the bottom of the garden;

I pursued, and he turned and struck at me with his hand—I followed him to the bottom of the garden, and just as he was getting through the rails, I, and over the hedge, I knocked him down with my truncheon—I found in the ground this augur—this chisel was found on the prisoner, and this knife about five yards from the house—this boot was found in the garden, and this other boot, which is the fellow to it, was found in another house which was broken open at Potters'-bar, about two miles and a half from where we were—the prisoner had got his own boots on—this cap the prisoner owned—there was a ladder up against the window—when I went round at 11 o'clock, the same ladder was on the ground against the garden gate—there was no ladder against the house then—the cellar grating was quite right at 11 o'clock—Mr. Thompson's house is close to the church, and there we some almshouses for old women, and no other dwellings near—it is about fourteen miles from London—I do not know the prisoner, but I had seen him and another in the village about half past 10 o'clock that night.

Prisoner. Q. When you took that chisel from me, did you match it to the window? A. Yes, and it matched the marks—Mr. Thompson was with me—I tried it by putting it in the marks that were made—you struck at—I caught the blow on my arms.

SUSAN REWELL . I am housemaid to the Key. Charles Thompson. On the evening of 1st June, I fastened the water closet window, and the whole house was fastened quite safe; the grating and all was safe—I was alarmed about half past 12 o'clock—the water closet window was up as high as it could be—there were no marks of any one going in there, but there were marks down the steps under the grating—there was nothing taken away—these lucifer matches were found in the cellar—they had not been there before, and they were not similar matches to what we use.

Prisoners Defence. I was coming home and missed my way, and got into the garden; the two policemen came, and I ran away; there was no breaking on my part.

GUILTY . Aged 34.— Four Years Penal Servitude.

THIRD COURT.—Friday, June 20th, 1856.

PRESENT—Mr. RECORDER; Mr. Ald. FINNIS; and Mr. Ald. EAGLETOM.

Before Mr. Recorder and the Seventh Jury.

Reference Number: t18560616-639

639. GEORGE THOMPSON , stealing, on 7th June, 1 scarf; value 1l. 4s. the goods of Anthony Milner: to which he

PLEADED GUILTY .** Aged 20.— Confined Eighteen Months.

Reference Number: t18560616-640

640. JOHN CUPIS and FREDERICK JONES , burglariously breaking and entering the dwelling house of Peter Maclue, at St. Mary, Islington; with intent to steal.

MR. LILLEY conducted the Prosecution.

THOMAS RUGG (policeman, N 40). On 31st May, between 1 and 2 o'clock in the morning, I was on duty near Hill Morton-villas, Camden-road, and saw the prisoners get over a fence in the rear of the villas—I got a great number of constables, who surrounded the premises, and I remained at one end—in about ten minutes I heard the smashing of a window, I then set a constable named Mason to search, and saw the prisoners come out of the I front gate of No. 3, Mr. Maclue—Cupis was creeping under the wall—(MR. SLEIGH, who appeared for the prisoners, stated that he could not resist the evidence, and that the prisoners would plead Guilty. The COURT considered that a verdict must be found; and the prisoners, being questioned, stated that they went together for the purpose of robbing the house.)

CUPIS— GUILTY . Aged 22.

JONES— GUILTY . Aged 28.

(James Hughes, beer shop keeper, of Holloway, gave the prisoners a good character; but Robert Gale, policeman, N 466, stated that they belonged to a gang of thieves, and that Jones had been in custody, but was not convicted) Confined Eighteen Months each.

FOURTH COURT.—Friday, June 20th, 1856.

PRESENT—Sir WILLIAM MAGNAY, Bart., Ald.; and MR. COMMON SERJEANT.

Before Mr. Common Serjeant and a Jury half Foreigners.

Reference Number: t18560616-641

641. BALDWIN SPECHT , stealing 2 spoons and 3 forks, value 3l.; the goods of John Robert Daniel Tyssen and another.

MR. ORRIDGE conducted the Prosecution.

JOHN CHARLES WALKER . I am a gold and silver refiner, at No. 89, Aldersgate-street. On 26th May the prisoner came to my shop, about 11 o'clock—he offered for sale some spoons and forks, which I produce—they have a mark on them, which has been erased from one of them—I kept him engaged, sent for a constable, and gave him into custody—they all bear marks of erasure except one.

Cross-examined by MR. LILLEY. Q. What are the letters to which you refer? A. "H" and "C."

JOSEPH LAZZARI . I live at Place's-cottages, New Town. I have charge of the plate at the Euston and Victoria Hotel—these spoons and forks are part of the property which was in the victoria Hotel—they are marked "H. and C."—they are usually in the coffee room, which is a public room—we have missed upwards of twenty within the last eighteen months—we have missed nothing within the last six months—I have no acquaintance with the plate of other hotels—I do not know that the plate of other hotels is marked with initial letters, such as "C," for coffee room—the coffee room is not a part of the hotel—the hotel is private, but the coffee room is public.

Cross-examined. Q. Is it a very common pattern? A. Yes.

MR. ORRIDGE. Q. Are you quite sure that these are your property? A. Yes.

HENRY HALL . I am head waiter at the Victoria Hotel, Euston-square. These spoons are some of my property—I know them by the marks, and there are two on which I distinctly see the impression of the crest—the crest consists of a coronet and a garter—there are some other marks upon the spoon—the figure "7," and the letters "C. and H.," which stand for "Coffee room and Hotel"—I do not know the prisoner—I could not swear to him.

Cross-examined. Q. Have you been in many places? A. In about twenty; I have never noticed that there were these sort of letters in other hotels; I never took much notice—I am able to-day to speak to these spoons to the best of my belief—I will venture to pledge my oath that these are ours—I have never expressed doubts before as to whether they were ours—I will undertake to say that we have missed about twenty pieces of silver within the last eighteen months, but we have not missed any within six months—I am the head waiter, but we keep a plate man as well.

GEORGE WHITE . I am a servant of Messrs. Collis and Co., silversmiths, of No. 130, Regent-street. I see on one of these forks the remains of the garter, and also on one the top of the crown—I am firmly of opinion that there was a garter and a crown engraved thereon.

Cross-examined. Q. Can you see it without a glass? A. I can—it is, on the right hand side of the fork, there is a part of the garter—I have had

some of the forks at the hotel shown to me, so that I could tell what was on them.

MR. ORRIDGE. Q. Have you furnished a good deal of plate to the Victoria Hotel? A. Yes, and all is engraved with the same mark.

EDWARD JOSEPH DUDLEY (City policeman, 258). I took the prisoner into custody.

NOT GUILTY .

Reference Number: t18560616-642

642. BALDWIN SPECHT was again indicted for stealing 1 saltcellar and 1 spoon, value 1l. 1s.; the goods of George Moth.

MR. ORRIDGE conducted the Prosecution.

JOHN CHARLES WALKER . I am a gold and silver refiner, at No. 89, Aldersgate-street. On 6th May last the prisoner came to my shop, and offered for sale a saltcellar and spoon—these (produced) are what I purchased from him—I gave him 16s. for them, 5s. an ounce—it was in the morning, between 10 and 11 o'clock—I have not a distinct recollection, but I am almost certain it was before dinner—we dine about half past 1 o'clock—I saw the prisoner again on 26th May, he offered me some spoons and forks, and was taken into custody—he gave me an address, 5, Finsbury-square.

Cross-examined by MR. LILLEY. Q. Did you ask him anything about these when he brought them to you? A. I did not—I had had dealings once before with him—I am almost certain it was in the morning before dinner, at about 11 o'clock—5s. an ounce is the usual price—I live about a quarter of an hour's walk from the hotel.

WILLIAM BOLTON . I am waiter at the North and South American Coffee house, Threadneedle-street. I remember the prisoner coming to me at the coffee house on 6th May—he had a basin of soup—after he had gone I missed a salt spoon and saltcellar—these are the articles I missed, I am quite certain—I was out of the room while I went for the soup, but I kept my eyes on the passage so that nobody could come in or out without my seeing him—he was in there alone.

Cross-examined. Q. Where did you go? A. Down a few stairs, and the soup was handed to me across the banisters—there were two saltcellars on the table, one at each end—it was about five minutes after he left that I missed the saltcellar—it was in a different room where the saltcellars were—when he went away I remained in the room all the time; it was my duty to do so—we do not commence to have dinners till 1 o'clock—I know it was about 11 o'clock because I looked at the clock which was in the room—it might have been a few minutes later—the soup was kept ready—he was about five or ten minutes taking the soup—I had never seen him before that day—it was on 26th May that I saw him in custody—our's is a house into which foreigners come from time to time—in the course of a week more than a dozen foreigners come in—the plate passes through my hands several times in a day.

MR. ORRIDGE. Q. The saltcellar was not taken from the room in which the prisoner was? A. No, from a room adjoining—the spoon had a notch in it from being caught in the plate chest—I gave information to the police the same day.

GEORGE LEGG (City policeman, 440). On 6th May I went to Mr. Walker's shop and he produced the spoon and saltcellar.

Cross-examined. Q. Were you before the police Magistrate? A. I was—a witness was examined on behalf of the prisoner—I have seen him here to-day.

COURT to WILLIAM BOLTON. Q. Did you see a stick which the prisoner had with him? A. Yes, and I described it to the police—this it it (produced).

EDWARD JOSEPH DUDLEY (City policeman, 258). On 26th May I took the prisoner into custody at Mr. Walker's shop—he gave me an address; No. 31, Theobald's-road—I searched the place and found several spoons and forks—I searched him, and found on him 1d., an Albert chain, a prayer book and a pocket book.

Cross-examined. Q. Did he say that he was accustomed to sell plate on commission? A. No, he did not—I did not understand him, for he spoke Dutch.

MR. LILLEY catted

PETER EFFERTZ (through an interpreter). I live at No. 9, Little Sun-street. I have known the prisoner for about six years—I knew him in Germany—I was in his company on a day towards the end of May—I do not recollect what day it was—it was not when any plate was offered to him, or silver—I am a commissionist—I was with him one day in May, at a public house in the city, when we had a pint of beer—we took it at the bar—while we were taking it another person came in and spoke to the prisoner in broken German—I could not understand everything that he said—I could understand sufficient to know what he wanted with the prisoner—he had a parcel, and he told him it was a saltcellar and to take it away with him, and he would give him half a crown to sell it for him and a pot of beer besides—the prisoner deals in selling wine by commission—he has a commission on selling vegetables as well—I do not know the third party who came to the prisoner—I did not see the parcel opened—I knew there was a saltcellar because I heard them talking about a saltcellar—Little Sun-street is in Clerkenwell.

Cross-examined by MR. ORRIDGE. Q. Have you known the prisoner all the time for the last six years? A. No, I found him here, but I had known him before—it was about two months ago that I found him—it was about the middle of May that this took place—I had been with him in a public house before that—I cannot tell the name of the public house, but it was close by the Post Office—I had never been in that public house before—I had never seen the party who gave the parcel to the prisoner before.

MR. LILLEY. Q. Was there anything to fix the date upon your mind? A. No, I do not know exactly what part of the month it was, but it was about a fortnight before I had been before the police at Guildhall.

COURT. Q. Where does the prisoner live? A. At No. 31, Theobald's-road, by a barber's—I do not live there, I used to come to him frequently as the witness on commissions, not at the prisoner's house.

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

CORNELIUS BASSETT . I produce a certificate—(Read: "Central Criminal Court. Baldwin Specht, Convicted October, 1855, of stealing a mantle and shawl; Confined six months")—the prisoner is the same party.

GUILTY . Aged 29.— Confined Twelve Month's.

Third Jury.

Reference Number: t18560616-643

643. JOHN DOBSON and JOSEPH HERBERT , stealing 24 spoons and 36 combs, value 1l. 14s., the goods of Joseph Henry Schilsky, to which

DOBSON PLEADED GUILTY . Aged 15.— Confined Six Months.

JOSEPH HENRY SCHILSKY . I am a Birmingham and Sheffield man. I know the prisoners by sight—they came to my shop several times—the first time was about three weeks before the officer had taken them into custody

—I allowed them some goods, they told me they wished for some better goods, and I showed them some—the big one said he had not money enough, and went away, saying that he would see his father, and get the money—the little one staid by the counter by the goods, and when the big one did not come back, he said that he would go and see where he was—they came again about a fortnight after, and I showed them some pipe tubes, they went away, and said they would come back again—they came back, and said they would have a dozen—there were six dozen spoons lying about—they are my property.

WILLIAM SMITH (City policeman, 656). I took the prisoner into custody—I saw them in company with two others—it came on to rain, and I went into the doorway of a house and watched them—they seemed to look about for me, and I saw them go into the prosecutor's shop—Dobson came out and ran away—I caught him, took him back to the shop, searched him, and found these twelve spoons and 7s. 6d. in money—I took him to the station, searched him again, and found on him thirty-six combs and twelve more spoons.

GUILTY . Aged 13.— Confined Six Months.

Reference Number: t18560616-644

644. JAMES MURRAY was indicted for bigamy.

PETER KNIGHT . I am a porter, living at Leith, in Scotland—the prisoner's wife is my sister—I was present at their marriage at Mr. Duff's house, Leith, on 4th May, 1846—Mr. Duff is a minister—they lived at my house as man and wife for four months—I produce two certificates—I saw them both signed by Mr. Duff and by Robert Turnewell, the session clerk.

The COURT considered that the case must be proved by some person who could speak to the state of the marriage law in Scotland, and such proof being absent, the prisoner must be acquitted.

NOT GUILTY .

Reference Number: t18560616-645

645. THOMAS BRESNAHAN , robbery on Philip Williams, and stealing from his person 1 watch, value 4l., and 20s., his property.

MR. SLEIGH conducted the Prosecution.

PHILIP WILLIAMS . I am foreman to a clothier in Shoreditch. On Saturday morning, 17th May, between half-past 12 and 1 o'clock, I was passing from Black Horse-yard—I had been to spend the evening with some friends—a woman came who took hold of me—I endeavoured to get away from her—I had to knock her down—she had behaved very indecently to me—I struck her again, and three men came up to me, one of whom was the prisoner—he stood before me—one of them said that if I made a noise he would kill me—one of them shoved me up into the most obscure part of the corner, and the woman took the watch from me, and my money, and some keys—she put the keys back again into my pocket—22s. were taken from me—when the woman got up off me, the man was still holding me—the prisoner said that I had better take myself off—I ran out, saw a policeman, and told him what had taken place—he ran up there, and they were all gone—there was a small lamp in the court—the night was pretty light—there was light enough for me to see the prisoner—I could see him for three or four minutes—I saw him well enough to swear positively that he is the man—I saw him in custody at the police court.

Gross-examined by MR. PAYNE. Q. Where were you coming from? A. I came from the Commercial-road, through Sun-street and down Farringdon-street—it saves a corner to go through Black Horse-yard—it is a dark court—I had been in the habit of going up there when I went that way—the woman did not lead me into an obscure part of the court—she was in

the court—she did not pull me into another part of the court—she did pull me into an obscure part of the court, and then pulled me about—I felt her pulling my waistcoat about, and I knocked her down—she got up, and I knocked her down again, and then the prisoner appeared—I was not acquainted with the prisoner at all—I saw him again in two or three days—that was when he was in custody—I saw the policeman in about five minutes after I had been treated in this way—it was not in san hour or an hour and a half afterwards—I have never seen the woman since—I gave a description of her to the police—I had never seen her before in Black Horse-court.

MICHAEL GALIEN (City policeman, 240). On this Saturday morning I was on duty in Fleet-street—the prosecutor came and complained to me—I went in, and was unable to see any one—it was about 20 minutes to 2 o'clock—a description of the prisoner was given to me.

MICHAEL CANNAVAN (City policeman, 223). On Wednesday morning, 21st May, I apprehended the prisoner on Holborn-hill, and told him what he was charged with—he denied the charge. MR. PAYNE 3 called

WILLIAM JOSEPH GIBBONS . I am a publican—I live at the Blakeney's Head, High-street, Islington—I remember this man being at my house on Friday' night the 16th—he was there before 11 o'clock, and left about a quarter to 2.

Cross-examined by MR. SLEIGH. Q. Do you keep a public house? A. Yes—there was a friendly meeting at my house, and that was the reason it was open till two—I never saw this man before that night, and I should not have taken any notice, only he was dancing a good deal—I had to wait on the customers—I have never seen him from that time till to-day—some of his friends asked me if I remembered the party who was dancing with me that night—there were about seventy or eighty there that evening—there were several parties there who knew him—several people hare told me so—it is a house licensed to sell spirituous liquors—I have had the house from 8th Feb. last—before that I was in a situation at a silk dyer's—I have seen the prisoner in Court before I got into the witness box, and then I knew him at once.

WILLIAM BONNETT . I have been living in Baker-street, Enfield, and have been living at Mr. Windus's, at the bottom of Holborn-hill for some time. On 16th May I was at a public house at Islington—the proprietor's name is Gibbons—I went along with the prisoner—we went about half-past 10 o'clock—we stopped there till a quarter to 2 o'clock—we were there all the time.

Cross-examined. Q. Have you any employment? A. I have had none for the last two months. I have not known this man except from' his coming in and out at Mr. Windus's, during the three years I was there—I never knew him by the name of Read—I do not know what he is, or how he obtains his living—the way we happened to go there that night was this, he told me at Mr. Windus's on 16th May (I was not living there at the time, I had left there about ten weeks or two months)—he came in there while I was there—we went up together—we left about the middle of the day—we went to one or two public houses—there were no other persons with us—we arrived there about half-past 10 o'clock—there was no one there who knew him besides myself that I am aware of—it was a friendly meeting, and we were having a dance—I never knew Gibbons before—I went up by agreement, for he asked me to go—I did not go to ask Gibbons to come here to-day—I have never been there since that night—I do not

know who told Gibbons to come—I was taken into custody with him on the same charge—that was the first time I had ever been in custody—I lived with several people before I went to Mr. Windus's—I did not go be bit the police Magistrate as a witness when I was discharged—after I was discharged I never went to the police court again—I was discharged when the prisoner was committed—I never knew him by the name of Brown or any other name besides his own.

COURT. Q. Was it a friendly meeting? A. Yes; it was a meeting of A friendly society—there was a little dancing—I did not dance with him—I knew him for twelve months before I left Mr. Windus's.

COURT to W. J. GIBBONS. Q. Who was the person who was dancing with the prisoner? A. A person named Creuse; he has been once to ask me to come here; and another person of the name of Dowse—they are here now outside the Court—I have seen them here to-day—they are the person who asked me to come here.

JURY to MICHAEL GALIEN. Q. Was the prosecutor perfectly sober when he came to you? A. Perfectly.

GUILTY . Aged 30.

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

JONATHAN WHICHER (police inspector, A). I produce a certificate—(read: Clerkenwell Sessions; Thomas Brenaham alias Reid, Convicted, Nov. 1850)—the prisoner is the same man.

GUILTY. Aged 30.— Four Years Penal Servitude.

Reference Number: t18560616-646

646. JAMES MOORE and WILLIAM DAWNEY , burglariously breaking and entering the dwelling house of James William Skirrow, at Ealing, and stealing therein 1 cloak, 1 concertina, and 2 buttons, value 17s. 6d., the property of James Kimber; and 3 pairs of boots and 1 coat, value 1l. 13s., the property of the said James William Skirrow.

MR. COOPER conducted the Prosecution.

JAMES WILLIAM SKIRROW . I live at Ealing, in the county of Middlesex. I went to bed on the night of 11th May, about 12 o'clock—I looked at the fastenings before I went to bed, and all was quite safe—next morning, in consequence of information I received, I went down stairs and found a little window on the first floor at the back of the house, the watercloset window, was open—I believe on the night before that window was not shut—it was a little window, but large enough for a man to get in at—a brewer's pulley had been placed up against the window—that is a sort of slide which brewers use to roll casks up into their carts; it forms a sort of ladder—the back door was also open—it had been shut the night before—I found in the kitchen a desk which was opened—it had been taken from the sitting room where it was the night before—a missionary box had also been conveyed there—it had been broken open, and it's contents abstracted I missed the cloak, the concertina, the coats, and some boots—this is one of the boots (produced)—it is mine—this is one of the coats (produced—it is also mine.

WILLIAM EDWARD FIELDER . On 12th May I went to Mr. Skirrow's. I found Lydia Ackerman there—the house had been entered by a slide—I went to Turnham-green, and with assistance took the two prisoners into custody—they were in a cart, coming from London to Brentford, towards the prosecutor's house—I found two buttons on Dawney, and a pawnbrokers ticket and sixpence on Moore—I saw some footmarks near the prosecutor's house—some at the front and some at the back of the house—I took Moore's boots, compared them with the footmarks, and they corresponded

exactly—I could not trace any marks near the pulley, because the ground was hard—I did not take the other man's boots, but there appeared to be footmarks of two different men.

GEORGE MORRIS . I live in the New North-road. On this Monday morning, about half-past six o'clock, I was at the top of the New North-road, Brentford—I saw the two prisoners there—Dawney was walking in front, and Moore was following him in a cart—they were then going towards London, about half-past 6 o'clock—I could see that Moore was upon a bundle, but I could not swear what the colour or pattern of it was—it was about 200 or 300 yards from the prosecutor's house.

LYDIA ACKERMAN . I reside at the Brewery Tap, in the Boston-road. On Monday morning I saw two men lying in a ditch, opposite Mr. Skirrow's house, between a quarter and half past 9 o'clock—I saw Moore get up—he was in a smock—he had got a coat, which he threw over his smock—afterwards the other got up, and they went away.

Prisoner. Q. How did you know it was us? A. I knew them by their dress—I did not see their faces—I only saw two persons dressed at the prisoners are now.

JAMES KIMBER . I am manager of the London and County Bank, the branch office. I was living at the house at the time—this cloak and concertina are both my property—I believe these two buttons are mine.

HENRY HITCHINGS . I am assistant to James Amber, a pawnbroker. The 12th May somebody, whom I believe to be Dawney, pledged this coat and the concertina at my shop, in the name of John, Francis—I advanced 2s. on the coat, and 2s. 6d. on the concertina—these boots and shawl produced were pledged that morning with me, by Dawney, for 4s.—they were pawned in the same name, John Francis.

Prisoner. Q. Was the man dressed in the same clothes then I A. Yes; he appeared to be cleaner than he is now.

CHARLES BRIGGS . I am assistant to Alexander Chapman, pawnbroker, of Kensington. On Monday, 12th May, a man pledged with me a talma cloak and some boots, for which I gave him 2s.—it was not either of the prisoners who pledged them.

JAMES KIMBKR re-examined. I have identified the cloak, the boots, the concertina, and the coat.

GUILTY of Stealing only.

(The prisoners were further charged with having been before convicted)

EDWARD FIELDER . I produce two certificates—(Read: "James Moore, Convicted, at Clerkenwell, May, 1854, of stealing two handkerchiefs; Confined twelve months."—"Clerkenwell Sessions, Nov., 1854; William Dawney, Convicted of stealing 28lbs. of coals; Confined eight month's")—the prisoners are the two men.

MOORE—GUILTY. Aged 17.

DAWNEY— GUILTY54 Aged 18. Six Years Penal Servitude.

(There was another indictment against Moore.)

OLD COURT.—Saturday, June 21st, 1856.

PRESENT—Mr. Justice CROWDER; Sir JOHN MUSGROVE, Bart, Ald.; Mr. Ald. FINNIS; Mr. Ald EAGLIWTON; and Mr. Common SERJEANT

Before Mr. Justice Growder me the fourth Jury.

Reference Number: t18560616-647

647. CHARLES AVERY was indicted for unlawfully obtaining money by false pretences.

MR. SERJEANT BALLANTINE and MR. METCALFE conducted the Prosecution,

EDWARD HART . I am chief clerk to Mr. Nicholson, the official assignee, I have attended to the matter of Avery's bankruptcy—I hare taken charge of the books, and examined the accounts—I have here a duplicate original of the bankrupt's balance sheet; it is from Jan., 1854, to 30th June, 1855—the deficiency at that time was 4419l.—the bankrupt petitioned for an arrangement, but it was not carried out—the adjudication is dated 30th June, 1855—the balance sheet does not show when he stopped payment—he appears by this to have been deficient on 1st Jan., 1854, to the extent of 2,5861. 15s. 4d.—I saw the bankrupt either immediately after or before filing this duplicate balance sheet, and asked him several questions as to the purport of the figures in it, and he made a statement—I made a memorandum on the back, of the answers that he gave.

MR. GIFFARD. Q. You were examining him in the office of the Bankruptcy Court? A. Yes; it was my duty to report to the Commissioner; the examination was not on oath—(MR. GIFFARD objected to the admission of the statement. MR. JUSTICE CROWDER would receive it, and reserve it if necessary.)

MR. METCALFE. Q. What statement did he make? A. These are the words which I took down: "Commenced business about '45 or '46, in partnership with John Hooper; had no capital of his own, but borrowed, in conjunction with Hooper, 300l. of Hooper's father, which 300l. was afterwards repaid; this partnership was dissolved about '47 or '48; a rough statement was taken then, showing a large deficiency; this statement was not preserved; the deficiency was nearly 2,000l.; Mr. Avery took this deficiency upon himself, and continued the business, but he has never taken stock since the dissolution, or made a statement of account showing how he stood"—My object in putting that question was to see whether he had made a balance sheet—those are the exact words he said—I took them down from his lips—I do not know what other questions I may have asked, I took no more down—I have examined the defendant's cash book—there were a number of books, ledger, trade book, journal, &c.—I have examined those books (produced,) to see whether the figures in the balance, sheet were supported by them—the ledger was not written up for nearly two years—this is it—it commences in January, 1854, the time his balance sheet commences, and has been written up since the bankruptcy from subsidiary books—the cash book was written up—I believe only the journal, besides the ledger, has been written up since—the contract book appears to be an original book, with daily entries, and is written up fully to the time of the bankruptcy, also the bills of parcels book, and cash book—there are a number of other subsidiary books, of no importance—the cash book appears to have been balanced daily, I think, without exception—it sometimes shows a balance in hand, at other times overpaid—in the month of April, 1855, I should think there were more balances in hand than overpaid—there are a number of entries of exchanged cheques at that time—here is one on 23rd April, "G. Clark; exchange 51l. 8s. 1d. and then, on the other side of the cash book, showing the repayment of it on 24th April, is, "G. Clark; exchange; returned 51l. 8s. 1d.—I find such entries frequently during the month of April—I have extracted on a sheet of paper the items for the months of April and May (reading some)—there appears to have been frequent borrowings and repayments in April and May, the repayments being most frequently the next day, sometimes the same day—I have no doubt that both the borrowing and repayment was by exchange of

cheques, for I have in some cases found the cheque entered in the banker's I book—I asked the bankrupt about the word "exchange," and he told me that it meant the exchange of cheques—the total amount of such entries in April is 1,840l. odd, and in May about 2,070l.—I have not included loans in that—there are entries of loans to the bankrupt—I have not taken out the amount of loans during April and May—on 2nd June the amount in the cash book balances, by bringing to the debit of the cash book the amount overdrawn from the banker's, 405l. 3s. 1d.—the entry is on 31st May—there are other entries on 2nd June, which do not interfere with the balance—on the same day (30th June) there is a previous balance struck of 390l. 12s. 1d. overpaid, and on the same day again another balance is struck of 544l. 5s. 3d. overpaid—that represents a deficiency in cash to that extent—there is a balance on 29th May of 250l. 10s. 4d.—I find from the books that he sometimes sold goods at a profit, and sometimes at an amount less than the cost—during the three months before his bankruptcy he sold about 200 or 220 parcels of goods, some at a profit, others at a loss—I have here a detail of the goods account, filed by order of the court—the gross profit during the three months is 22l. 11s. 2d.—that is upon transactions amounting to 19,363l. 0s. 5d.—there is no statement showing what the expenses were during that time—the balance sheet is for a year and six months, not for the three months only—about forty parcels of goods out of 220 were sold under the cost price—I cannot tell how soon after the purchase those sales were effected, not without tracing them through all the books—he appears in some cases to have bought on credit, and sold for ready money, but I have not traced sufficiently to give instances—the assets returned in the balance sheet as unencumbered, amount to 707l. 12s. 6d.—they have produced up to the present time 365l. 11s. 5d.—those are the net assets, including the sale of the furniture—there are some debts yet outstanding; we may make more.

Cross-examined by MR. GIFFARD. Q. Turn to the cash book, and tell me his cash balances in April? A. On 2nd April he appears to have overpaid 190l. 12s. 9d., that is against him; it differs in the morning and evening; that is the evening balance; in the morning it was 89l. 2s. 9d.£ against him—on 3rd April in the evening it is 265l. 11s. 1d. against him; on the 4th, 256l. 6s. 11d. against him; on the 5th, 173l. 19s. 9d. against him; on the 7th, 36l. 14s. 4d. against him; on the 9th, 119l. 12s. 5d.£ in his favour; on the 10th, 158l. 13s. 4d. in his favour; on the 11th, 95l. 1s. 5d. in his favour; on the 12th, 84l. 18s. in his favour; on the 13th, 123l. 15s. 1d. in his favour; on the 14th, 120l. 15s. 6d.; on the 16th, 35l. 13s. 2d. in his favour; the balance is in his favour up to the 21st, it is then 337l. 19s. against him; on the 23rd, 249l., 1s. 6d.; on the 24th, 181l., 12s. 10d.; on the 25th, 214l. 5s. 1d. against him; on the 26th, it is in his favour, 203l. 13s. 2d.; on the 27th, 260l. 4s. 3d. on the 28th, 91l. 3s.; and on the 30th, 38l. 4s. 11d. in his favour—although the journal and ledger have not been made up for two years, there are the materials in the other books, from which they have been properly made up since the bankruptcy—I have not come across any transactions that have been omitted.

MR. SERJEANT BALLANTINE. Q. On 26th April, when you find the cash balance alter again, do you find a bill discounted at Spooner and Co.'s for 480l. odd? A. Yes, for 488l. 17s. 6d.—on 1st May it is 109l. in his favour—there is 130l. down as the day's payments, and that is deducted from the receipts on the other side; on the 2nd it is 111l. 16s. 7d.; on the 3rd, 108l. 8s. 4d.; and on the 4th, 34l. 12s. 8d. in his favour; on the 5th,

it is against him, 3l. 8s. 3d.; and on the 7th, 9l. 11s. 3d. against him; on the 8th, 24l. 4s. 9d. in his favour; on the 9th, 65l. 18s. 3d.; on the 10th, 99l. 10s. 2d.; on the 11th, 67l. 18s. 3d.; and on the 12th, 22l. 16s. 8d. in his favour; on the 12th there is entered on the debit side, "Barber and Son; loan, 100l."; and on the same date, "Barber; loan, 60l."; on the 14th, the balance is against him, 171l. 8s. 3d.; on the 15th, 119l. 1s. 10d.; and on the 16th, 56l. 6s. 11d. against him; there are two exchange cheques on the 15th, "G. Clark; exchange, 100l.,"and, "Whitehead; exchange, 50l.;" on the 16th, the balance is against him, 57l. 6s. 11d.; on that day then are two loans of 50l. each, from J. E. Graney, and Barber and Son; on the 17th, the balance is 96l. against him; on the 18th, 190l. 10s. 8d.; and on the 19th, 139l. 10s. 4d.; there is an entry on the 19th of "Barber and Son; loan, 100l.;" on the 21st, the balance against him is 97l. 15s. 7d.; there are these two entries on that day, "T. Whitehead; exchange, 50l.; and, "G. Clark: exchange, 100l.;"on the 22nd, it is 65l. 15s. against him; on the 23rd, 58l. 3s. 9d. against him; on the 24th, it is in his favour, 69l. 5s. 9d.; here is an entry that day of "J. Stevenson; loan, 49l. 11s.;" and, "G. Clark; exchange, 98l. 0s. 10d. he also appears to have received 100l. that day for three hogsheads of sugar; on the 27th, the balance is against him, 7l. 6s. 1d.; on the 26th, 293l. 0s. 7d.; and on the 28th, 256l. 5s. 5d. against him; on that day there is, "J. Granger; exchange, 541. 17s. 11d.;"on the 29th, it is 250l. 10s. 4d. against him; there is an entry of "J. Granger; exchange returned, 54l. 17s. 11d. on the 30th, it is 544l. 5s. 3d. against him; it appears to have been made up to that time before the bankruptcy; that is my impression; I have no evidence to the contrary—it was made up when I had the book, directly after the bankruptcy—on the 7th April, when the account turned in his favour, there is an entry of a loan of 100l. from J. Pringle, 50l. from Barber and Son the same day, and "Spooner and Co.; bills discounted, 659l. 14s.;"but the balance is still against him, 36l. 14s. 4d.

WILLIAM THOMAS UPTON . I am warrant clerk to Messrs. Mayhew and Mann, colonial brokers, in Mincing-lane. We have public sales of sugars, and other goods, that are consigned to us—persons purchasing at those sales apply to us for warrants which enable them to take out the goods; they cannot be obtained without—previous to the 1st June, the defendant applied to me about some sugars that had been bought at a public sale—I saw him or his clerk, I cannot say that I saw him; I saw Challis or one of the clerks—I communicated to Challis the terms upon which we should let the sugars go—I should not have allowed them to be delivered without the money—I received a cheque on 1st June from the defendant—I know his signature, this is it (this was a cheque for 60l., drawn by the prisoner, dated 1st June, 1855, on spooner, Attwood, and Co.)—on receiving that cheque I handed over these two warrants (produced)—if I had known at that time that Mr. Avery had overdrawn his balance, I should not have parted with those warrants—I considered the cheque a good security for the money; it was crossed at the time I received it—I cannot say at what time in the day I received it; the effect of its being crossed would be that we should pay it into our bankers, and it would be passed at the clearing house—I paid it in on 1st June, and it was returned through our bankers next day as dishonoured.

Cross-examined. Q. You did not receive the cheque personally from the prisoner? A. I cannot say; I gave the warrants either to him or his clerk—we have not had transactions with the prisoner to the extent of many

thousands; I cannot say to what extent, some hundreds perhaps—the amount of this cheque is our only claim against his estate—in all the other transactions I have received a cheque, and it has been honoured; we have not given him credit.

HENRY YOUNG . I am a foreman in one of the warehouses of the East and West India Dock. I delivered thirty bags of Mauritius sugar on this warrant to Barber's van.

CHARLES RICHARD ARNOLD . I am a clerk in the Cargo Ledger office, at St Katherine's Dock. Two bags of Mauritius sugar was delivered on this warrant by the foreman at the warehouse, I was not there—there were two bags of Mauritius sugar in the warehouse, which this warrant represents; I know that they are gone—they could not have been delivered except upon a warrant of that kind; this warrant was attached to two others; the delivery was endorsed upon the last one.

MR. GIFFARD. Q. Have you any knowledge at all on the subject, except what has been told you? A. Not the slightest.

MR. SERJEANT BALLANTINE. Q. Is it usual to deliver sugars upon warrants of that kind? A. Yes; and not without.

CHARLES BARBER . I am a grocer, in Rufford's-buildings, Islington. About March or April, I purchased thirty bags of Mauritius sugar from the defendant—they were delivered on 1st June—I sent my carman to Mr. Avery far the warrant; he told me I should have it—I sent for it on two occasions, first on 30th May—I cannot say when I had seen Avery previously, it was some time previous—I had had large dealings with him—he does not owe me any money—I paid him for these sugars before I had the warrant—I have the cheque here by which I paid him; the carman took the cheque at the same time he went for the warrant—the cheque has been paid—21l. had been paid, and the balance, 36l. 3s., was paid when I had the warrant.

Cross-examined. Q. Do you say that you sent in consequence of something that you learned from Avery? A. No; it is the usual course of business to send for the warrant when you require the goods, and give notice to get the duty paid—there was no personal interview between Avery and myself on the subject—the sugars were purchased on 30th March.

JOSHUA CHALLIS . I was clerk to the prisoner between three and four years—I had a sort of general management of the business—I sent this cheque of Messrs. Mayhew and Mann's by one of the clerks—Mr. Avery signed it and I filled it up—I filled it up after he signed it—he did not see it afterwards—he did not know what it was for—I got the warrants upon it—they were two warrants for Mauritius sugar; I handed one of them to the carman of Mr. Charles Barber; not by any person's direction, it was in the usual course of business—Mr. Avery did not know of it—the other warrant I sent by one of our clerks to Messrs. Rickett and Co.—the prisoner did not know of that to my knowledge—there was a cheque for 36l. received from Mr. Barber; I handed that to Mr. Hewitt, Mr. Avery's solicitor, on the following morning, by Mr. Avery's direction, because he found, I believe, on taking the advice of his solicitor, that it would be advisable to stop payment; that was on 2nd June—I handed this cheque over to the solicitor in the morning of 2nd June (referring to the cash book)—on 21st April, I received another cheque from Barber and Son for 21l.—that was brought in to the account, it was paid in to Messrs. Spooner and Attwood—I paid Mr. Hewitt several accounts on the Saturday, in addition to the 36l. cheque; I cannot exactly recollect how much, I should think nearly 100l.—I know

that Mr. Avery had given Mr. Wagner a cheque dated 2nd June, and one to Messrs. Godby, I do not recollect any further at the moment—this is a cheque (produced) for 50l. 5s. signed Chas. Avery, payable to Messrs. Trindle and Bingham; it says, "Refer to the drawer"—I recollect this cheque being returned, and its being taken up at the Royal British Bank, that bank not having the privilege of the clearing house—when I sent one of the clerks in the afternoon to pay in some cash at Messrs. Spooners', they told him they had paid in that cheque, I therefore sent the cash to the British Bank, and took up the cheque, as I might a bill—that was on 28th May—these two cheques (produced by Mr. Clark) are for 143l. 7s. 10d., dated 26th May, and 187l. 6s. 2d., dated 28th May—they say "Refer to the drawer"—that means dishonoured; it means that the bankers decline paying—the prisoner has not told me what amount of cheques were dishonoured—he did not tell me that cheques to the amount of 1,000l. had been dishonoured between 28th May and the morning of 2nd June—he did not tell me any amount, nor mention any cheques—I knew before today that these two cheques were dishonoured—I knew it from Mr. Clark, not from Mr. Avery, Mr. Clark came to the counting-house the day they were returned, and told me they had been dishonoured—of course I told Mr. Avery of it, as soon as I saw him—I should say Mr. Clark brought them both at the same time, but I cannot positively recollect—I told Mr. Avery of it at the time, and Mr. Clark saw him—I cannot recollect whether these are the only cheques that I mentioned to Mr. Avery as dishonoured in the course of that week; it is more than twelve months ago—if a cheque was returned, I immediately informed Mr. Avery—I told him of all the cheques that had been returned, as soon as they were returned—I cannot exactly recollect what amount I told him was returned before the 2nd June—I recollect there were two cheques, one to Cook and one to Scott, which I told Mr. Avery of; I think one was for 80l., and the other 68l. 17s. 4d.—I drew bank notes for those two amounts, and went and took up the cheques, by permission of Messrs. Spooner, on the morning after we were informed of it; I got the bank notes by an open cheque, that is, an uncrossed cheque, on Messrs. Spooners, which was honoured, and I got the cash—I knew what the state of the banking account was at Messrs. Spooners' at that time—Mr. Avery knew it—the cheque to Scott is dated 28th May, and that to Cook 29th—these are them (produced)—I cannot say for certain whether I had paid any money in to Messrs. Spooner between the dishonour of these cheques, and the drawing of the open one; I paid some money in to the bankers that day, 200l.—I got 60l. from Chapman and Son, from Whitehead 50l., Granger, 55l., G. Clark, 143l. and 187l.—I have only four amounts down as paid in, making 200l.; that 200l. was not obtained by loans, it was for goods—not goods bought on credit and sold for ready money; it was money arising from sales—the sale to Chapman and Son was fifty-three bags of sugar on the 17th, and this payment was made on the 29th—the other sums were on goods bought previously, and the warrants obtained on the day the cheques were taken up—there were other amounts paid that day, besides those—on 28th May, we bought of Fairey and Co., goods amounting to 278l. 2s. 1d.—they were bought at two months' credit—they were sold the same day for 276l.—I cannot say what was done with the money—the money was not received the same day; that parcel of goods was sold to nine different persons—some of the money was received afterwards, and paid in to the official assignee; some of it was paid in to Messrs. Spooners—there was more than 100l. paid to Mr. Hewitt—I do not know what Mr. Hewitt paid to the official assignee.

Cross-examined. Q. I believe you had the general management of the prisoner's business with reference to the cash account? A. I had—to the best of my belief every cheque that was returned dishonoured prior to the 1st June, was taken up, and the money for it paid—it was the ordinary course of business for the prisoner to sign cheques which I filled up as business required—the cheques were signed first, and I filled them up without his looking at them; he was out a good deal in the market in Mincing-lane, and at the sugar refiners'—before he went out he would sign me perhaps two or three cheques for what might be required—it was in the ordinary course of business that I filled up the cheque for 60l. with reference to the sugar—I expected that cheque to be honoured—when it was presented, the balance against us at the bankers, which had been very considerable on 30th May, was diminished by upwards of 100l., paid in by me on the 31st—the bankers had permitted the overdrawing of the account.

COURT. Q. That cheque for 60l. was filled up in the ordinary way of business, as you had filled up others? A. Yes; I expected it to be paid, or else I would not have written it.

MR. GIFFARD. Q. Was the cheque to Wagner filled up by you or the defendant? A. By the defendant, and Godby's cheque also—he was a good deal out watching the state of the market, while I managed the business in the establishment itself—for the last two or three years there has been great depression in the Colonial market—the money that was paid over to Mr. Hewitt was for the purpose of paying into the Bankruptcy Court.

MR. SERJEANT BALLANTINE. Q. You kept the books, I believe? A. The greater part of them, not all—if I had had time I should have kept the ledger, but I posted it at my leisure—it was my duty to keep it if I had time, and the journal and cash book the same—I was intimately acquainted with the cash balances, because we balanced the cash book every day—I knew that we had overdrawn at the time these cheques were drawn.

Q. You have been examined in the Bankruptcy Court; did you anticipate that there was any possibility of the defendant's going on for long? A. I did; I mean of his recovering—I say that, with a toll knowledge of these accounts—I have not said that I knew him to be hopelessly insolvent; nothing of the kind to my knowledge—I do not recollect it—I cannot say that I have not.

MR. GIFFARD. Q. On the Saturday before 2nd June had you not paid out for goods 1,100l. in money? A. On the 26th May 1,189l. 2s. 2d. was paid in cheques.

MR. SERJEANT BALLANTINE. Q. Was there a 50l. exchange cheque that day? A. Yes, from Granger, and a cheque for 230l. from Clark, for which we gave our cheques payable on the Monday—they were both dishonoured.

MR. GIFFARD. Q. And taken up afterwards? A. They were. JOHN WAGNER. I am a sugar refiner in Wellclose-square. I know the defendant—in May, 1855, I sold some goods to him.

MR. GIFFARD. Q. That was by a contract in writing, I believe? A. Yes.

MR. METCALFE. Q. Did he afterwards apply to you for the delivery of those goods? A. Yes—I at first refused to deliver them—I saw him—I refused because he owed me money upon former parcels—I do not exactly recollect the amount—it was somewhere about 150l.—I said he should pay me for the others, and then he might have some more—he gave me a cheque for 100l. on account on 31st May—I have not got the money for it—when

it was dishonoured we had delivered part of the goods on the Saturday, and part on the Monday—I tore the cheque in pieces—it was dated 2nd June, but given to me on 31st May—after receiving the cheque some goods were delivered—I did not see them delivered—they were delivered before I came to town—this is the order (produced)—it is not my writing—the defendant sent for the goods several times, and we denied him, wanting to see whether the cheque was good before we sent them—we at last let him have a small lot on Saturday evening, 2nd June—that was before I had ascertained that I could not get the money; and he had some more on the Mon-day morning before 10 o'clock, and when I came to town at a little past 10 o'clock, I found the banker's clerk walking behind me to the counting house with the cheque in his hand—I did not see the prisoner at all on Saturday or Monday—T do not recollect that I saw him after he gave me the cheque—my warehouseman, Conrad Ofleman, delivered the goods—he is not here—this order was produced to me at my counting house.

JOSHUA CHALLIS re-examined. This order has my signature—I had a general authority from Mr. Avery to sign orders—I gave that order to Mr. Whitehead's clerk, the purchaser—on this order being presented to Mr. Wagner it would entitle him to receive the goods.

MR. GIFFARD. Q. Did Mr. A very know anything about that specific order? A. No, not at the time I wrote it—I wrote it in the course of business—he would know of it afterwards, by looking at the order book—this is the order book—the goods were bought on 8th May, and sold to Whitehead on 16th—the money has been paid to the official assignee.

MR. WAGNER re-examined I saw this order at my counting house on the Monday—it is for fifty litters of sugar—that is a certain size of refined sugar.

Cross-examined. I believe you have trusted the defendant to the amount of as much as 500l. in the course of business? A. I cannot recollect what amount I did trust him with—it may have been 500l.—the entire amount of his debt to me, at present, is somewhere about 207l.

MR. SERJEANT BALLANTINE. Q. Would you have parted with these goods without a cheque? A. Not without his giving me a cheque for the former account—I should not have delivered them unless I had thought the cheque would be paid—we did refuse several times.

GEORGE ALFRED MARTIN . I am clerk to Messrs. Godby and Boyd, sugar refiners, of Denmark-street, St. George's-in-the-East—I know the defendant—he bought at a sale five puncheons of treacle, amounting to about 46l. 7s.—there were no warrants in this case—we delivered the goods.

MR. GIFFARD. Q. This was under a written contract I believe? A. Yes.

MR. SEBJEANT BALANTINE . Q. Have you got it? A. No; on 31st May he applied personally for the delivery of the goods—we told him he could have the goods upon payment of the amount—he said he would give us a cheque on the Saturday following—this was on the Thursday—we told him we should prefer a cheque at that time—he gave us one, dated for the following Saturday, 2nd June—this is it (produced)—it is for 46l. 3s. 7d.—it was presented on 2nd June, and returned—I did not see the goods delivered—I should not have allowed them to leave the warehouse unless I had received that cheque—we considered at the time that the cheque was worth the amount of money that it represented, and that it would be paid—the carman who took the goods away had applied several times for them.

Cross-examined. Q. I believe the prisoner offered to give you an order

upon the vendees for the payment of the money in respect of this treacle, did he not? A. He did—we refused that—we have before this trusted him to a considerable amount; he has owed us as much as 600l.—the only debt now due to us is this very transaction of 46l.

MR. SERJEANT BALLANTINE. Q. Was that 600l. all at one time? A. On different parcels, but outstanding at one time, on bills—we had had a deal of trouble with him on previous occasions, and determined not to trust him again—this cheque was never paid.

HANKEY PECKSEM . I am warehouseman to Godby and Boyd. I delivered two puncheons of treacle on 31st May, and three on 2nd June to this order. (This was an order to deliver the five puncheons to Attcock and Co.)

THOMAS HILTON . I am a member of the firm of Allcock, Hilton, and Co., oil merchants and drysaltery in Thames-street. On 4th May I purchased five puncheons of treacle from the prisoner, purporting to be of Godby's make—there was a contract—after a great number of applications, I received the order about 8th May—I sent our carman for the treacle several times, but did not succeed until 31st May, when we got two puncheons, and three on 2nd June—I paid A very on 31st May 18l. on account, the balance is not yet paid—there is a disputed account between us which requires explanation; we were not asked to pay.

Cross-examined. Q. Have you the five puncheons now? A. We have them in stock—the amount is now due to some one.

WILLIAM FORBES MARSHALL . I am a commission agent at the Commercial Sale Rooms, Mincing-lane. On 30th May, 1856, the defendant followed me out of the public sale room, and asked me if I could give him any money, any assistance—I told him I had got a country cheque on the Clonmel bank for 37l. 18s. 9d.—he asked me to give it to him, and be would give me one on his own bank in exchange, explaining that his bank would pass it to his credit as immediate cash—I gave him the cheque—I have not seen it again—I took his cheque for 37l. 18s. 9d.—(Mr. Henderson, solicitor for the prosecution, proved the service of a notice to produce this cheque; it was not produced)—I expected the cheque would be paid—I thought it was good for the amount—he told me it would be all right; he sent his clerk with it—it was dishonoured—I have never got my money since—I had had a good many dealings with him before.

Cross-examined. Q. You had no reason to complain of him? A. Some little time before I had one of his cheques returned—that was taken up—it is not an unusual thing for persons in that line of business to exchange cheques for each other—he wanted the cheque to pay duties—he could not get his money without paying the duty, and he could use my cheque and get his own money, and return it later in the day—the person he was dealing with was at the west end of the town, and would not pay him until he delivered the warrants.

WILLIAM DAVENPORT . I am clerk to Messrs. Spooner, Attwood, and Co. The defendant has had a banking account with our firm for some years—it is my duty to enter in a book the cheques that are dishonoured—on 28th May last three cheques of the defendant's for 187l. 6s. 2d., 143l. 7s. 10d., and 50l. 5s. were dishonoured; on 29th May two other cheques of his for 63l. 17s. 6d. and 80l. were dishonoured; on 1st June four for 65l. 1s. 9d., 50l. 7s. 6d., 50l. 2s. 6d., and 69l., for Mayhew and Mann; and on 2nd June four for 46l. 3s. 7d., for Godby and Boyd 57l. 12s. 10d., 37l. 18s. 9d., for Marshall, and 100l. for Wagner; and on 5th there is one for 25l. 2s. 6d.—they are marked, "Refer to the drawer"

—on 28th May the balance was in his favour 41l.—that was at the end of the day after all the transactions were over—on 29th it was 67l. against him; on 30th, 553l.; on 31st 401l.; and on 1st June the same—we did not honour any cheques after 31st May—he had overdrawn 401l. when the cheques of 2nd June were presented.

Cross-examined. Q. Just go back a little and tell us what the balances were, beginning with the 26th? A. On the 26th, it was against him 304l.; on 25th, 15l. against him; on 24th, 29l. in his favour; on 23rd, 88l. against him; on 22nd, 18l. in his favour; on 21st, 32l. in his favour; on 19th, 130l. against him; on 16th, 3l. against him; on 15th, 20l., on 14th, 34l., on 12th, 11l. against him; on 11th, 11l. in his favour; on 10th, 121l. in his favour; on 9th, 70l. in his favour; on 8th, 149l. in his favour; on 7th, 28l. against him; on 5th, the same; on 4th, 31l. in his favour; on 3rd, 54l., on 2nd, 95l., and on 1st, 179l. in his favour—I cannot say whether we hare at all times given him credit for the west-end cheques—I have looked through the account for April—the balance is occasionally against him, and occasionally in his favour; it has been very considerably against him at one time; and then he has reduced it by payments in—the largest amount that he owed the bank in April was 743l.—that was on the 7th—that was afterwards reduced into a balance in his favour; it was gradually reduced up to the 16th.

JOHN TWELLS . I am managing partner in the firm of Spooner, Attwood, and Co. The prisoner was a customer of ours—he had no authority to overdraw his account without a specific application—743l. was tin largest amount overdrawn in April—he had frequently applied for a loan for some temporary purpose, which we generally granted him; it was mostly for a fortnight—we never took security, but he sometimes brought it, and proposed it—I do not recollect anything particular connected with that 743l.,—when he did overdraw to any amount, he always applied for our authority first—at the latter end of May he had overdrawn to the amount of 550l.; that arose in this way: on 17th April we had granted him a loan of 200l. for a fortnight, and as we then found him getting very troublesome, we told him we could not make him any advance after that—I most likely saw him myself; I think there is little doubt of it—I cannot say that I have any distinct recollection of this particular transaction—I am quite sore that I saw him after 17th April; I bad spoken to him about his account—I am quite positive that I told him personally on 17th April that we should not grant him another loan—after that he came to us two or three times, very late in the day, saying that he was very much disappointed, and would we let him have sufficient to meet his cheques, he would pay it in next day certainly—I perceive that on 26th May we let him have 304l., and he paid it in next day, and with regard to this 550l. on 30th May, Mr. Davenport, my clerk, who kept his account, had several cheques lying by him that day which he was about to return; Mr. Avery came very late in the evening, quite at the close of the day, saying that the same thing had occurred to him that day; he was again disappointed; that he could rely on money being paid in the next day, if we would pay his cheques: I was then just on the point of leaving the office, and I told the clerk he might pass his cheques, for he would pay in in the morning—I should certainly not have paid to that amount, but the clerk tells me that I told him to pay them, and did not say to what amount; I did not know the amount at the moment; finding he did not pay it in next day, but only reduced it to 400l., we immediately wrote to him to provide for his cheques—this is the letter—

(Read: "Messrs. Spooner and Co. inform Mr. Avery his account is now 401l. overdrawn; he will take care that no cheques are presented whilst the account is in this state. 1st June, 1855.")—we did not pay any cheques after that—I never saw the prisoner afterwards.

GEORGE CLARK . I am a grocer, in Chapel-street, Westminster. These two cheques for 143l. 7s. 10d. and 187l. 2d., dated 26th and 28th May, were given to me, one by the prisoner, and one by his clerk, in exchange for others that I had lent him; they were not paid—I called on him on the Tuesday, 29th, and showed him the cheques—he said he would arrange it—they were ultimately taken up—I have not lost anything by the matter.

Cross-examined. Q. I believe, so far as you have known, he has always conducted himself respectably and honestly? A. Quite so.

MR. GIFFARD to JOSHUA CHALLIS. Q. Was that 60l., cheque of Mayhew and Mann given before or after the letter came from the bankers? A. Before it came.

MR. SERJEANT BALLANTINE. Q. Did you tell Mr. Twells, or one of his clerks, that the defendant was a highly respectable and solvent young man, and might very fairly be trusted? A. Not to my knowledge, certainly; I have not the slightest recollection of saying so.

EDWARD HART re-examined. 100l. was paid in to the estate, I believe, by Mr. Hewitt, on 20th June, the day of the petition—there is a balance of 37l. outstanding against Mr. Hewitt, for him to pay in—the defendant came into the Bankruptcy Court upon a petition for an arrangement; it is necessary, according to the statute, that the petitioner should be possessed of 200l.—if he shows, to the satisfaction of the Court, that he has assets to meet that sum, that is sufficient—the 100l. was paid in to show that; it if not paid in a bankruptcy, this man was not a bankrupt; it was paid in by his attorney before the adjudication—the assignees have a claim against Allcock and Co, of 28l. 8s. 2d.

COURT. Q. How came the petition not to take effect? A. One of the creditors objected to its proceeding under that form, and there was a summons to show cause why he should not be adjudged a bankrupt, and he was adjudged a bankrupt.

NOT GUILTY .

THIRD COURT.—Saturday, June 21st, 1856.

PRESENT—Sir WILLIAM MAGNAY, Bart, Ald; Mr. Ald. FINNIS; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Eighth Jury.

Reference Number: t18560616-648

648. WILLIAM BAILEY, WILLIAM MIDDLETON , and JOHN FRY , stealing 20 bundles of whale fins; the goods of Francis Hammond and another, their masters.—2nd COUNT, stealing 1 ton weight of saltpeter, and 10 bags; the goods of their said masters.

MR. COOPER conducted the Prosecution.

WILLIAM HALFORD KING . I am an officer of Her Majesty's Customs. On 31st May I was at the East India Docks, and tattled some whalebone from the ship called the G. B. Lamar into the lighter Rhadius—there was an entry in the day book, but I have an independent recollection without looking at it—there were from sixty-three to sixty-seven bundles of whale

fins at one end of the barge, and the remainder at the other end—Middleton assisted me in the loading; and when I put those bundles into one end Middleton covered them over with a tarpaulin, the barge was swung round, and then the remainder were put into the other end—there were ninety-five bundles altogether—this whalebone (produced) is similar to it—it has a peculiar mark on it, A in a diamond—it was cleared out about 4 or 5 o'clock—lighters are not always swung round; there was room at the end we began at, to have put all the rest of the whalebone.

Cross-examined by MR. RIBTON. Q. When you tally goods, do you make an entry? A. Yes, in an official book—tallying is counting them as they go out of the vessel into the lighter—on the same day I tallied several hundred barrels of flour and boxes of bacon, and other goods—I cannot say how many barrels of flour, but I recollect those goods without looking at the book, by the small quantity—I have an independent recollection without the book.

Cross-examined by MR. SLEIGH. Q. Had some other goods been put into the barge before the whalebone was put in? A. Yes—those goods were stowed in the middle of the barge—swinging a barge round depends upon whether there were many goods in it when the loading commenced—the whalebone might have been all put at one end of the barge—I did not load it, or assist in loading it—there was another barge loaded at the same time as the Rhodius, on each side of her; she might have been swung round in consequence of that, but they could all have been put in one end if required.

WILLIAM JOHNSON HAZLEHURST . I an officer of Her Majesty's Customs. On 30th and 31st May I was in the East India Docks, tallying from the Gloriana into the Edith—I saw Fry on board, but I cannot swear to Bailey—498 bags of saltpetre were unloaded into the Edith three of them were marked LNC/L and some LLC/W and M in a diamond—I have since seen bags marked LLC/W this bag of saltpetre (produced) is one of them.

Cross-examined by MR. RIBTON. Q. Did you make an entry of the bag of saltpetre? A. Yes, in a book—I have not got it here—I have an independent recollection of the number of bags—it was 208 on 30th, and 290 on 31st—I tallied a great many other articles that day, but cannot recollect all of them—this was called to my attention, and I recollected it then without looking at the book.

Cross-examined by MR. THOMPSON. Q. Did you know Fry before? A. No—I cannot say how many men were on the Edith—I have never looked at my book since I delivered the saltpetre—I also landed some rape seed that day, but cannot recollect how many bags—I do not know whether I told the inspector that I delivered 208 bags, and on the Saturday 209—I looked at my book on the day the inspector came, to see what I really had delivered—I had a slight recollection without looking at the book, but I would not swear to the quantity—there is nothing uncommon about the bags except the letters—I swear that I can recollect all the letters without looking at my books.

FRANCIS HAMMOND . I am in partnership with Mr. Middlemist as lightermen, at No. 82, Lower Thames-street. On 31st May, the prisoners were in our employment, and I gave Middleton orders to load ninety-eight bundles of whalebone out of the G. B. Lamar, from New York, into the Rhodius—the after part of the barge was then vacant, she was loaded forwards with a lot of cassia, which was covered with tarpaulin—I told him

afterwards, about 12 o'clock, to go on board the Gloriana and put the 100 bags of saltpetre on the whalebone, so as to secure it—Bailey was loading saltpetre into the Gloriana and Edith—some seeds were to be taken in out of another ship—I left at that time and returned about 4 o'clock—on the same day I went to the Rhodius and found it alongside the Lamar; my orders had not been complied with, and I scolded him for not loading the saltpetre as I had desired, and had the barge placed alongside the Edith, and the four of us turned out about fifty bags of seeds from the Edith and placed them on top of the whalebone in the Rhodius, the whalebone was then covered completely—there was nothing but cassia in the front part—that had been loaded the day before from the Monarch—we covered up the barges with a cloth, and I said, "I think the whalebone is perfectly secure, and if any one attempts to get at it they will have some difficulty to get at it"—I then gave them orders to come up with the barge to Butler's wharf, and they ought to have left that night, Saturday, about 9 o'clock, they would then have arrived at Butler's wharf about 12 o'clock—another barge of ours, the Pison, came to Butler's wharf with the return tide, and we had other vessels there, I should say—I told Middleton and Bailey that they would have no excuse to leave the craft, and I sent Fry up to get their money and bring it down—at that time a man named Hemmings had a barge called The Friends, belonging to us, to bring up—on Monday, 2nd June, I was at Black wall about 12 o'clock, and saw Fry going with the Pison; Bailey was loading the saltpetre in the Pison—I asked Bailey, about 4 o'clock, where Fry was—he said that he 'had just gone ashore—I first heard of the loss of the whalebone about 2 or 3 o'clock that afternoon—I asked Bailey how it was that he did not save the tide at Butler's wharf on Saturday night—he said that he did not get out till the second lock—(when they come out of the locks a lot of craft comes out with them)—he said that they all three went, and Bailey add Fry went to London to bring the Pison down—I asked him why they did that, he said, "Because we did not want to work all day on Sunday"—I first heard of the loss of the saltpetre from the Edith on the Thursday—there was about a ton of whalebone missing, it is worth 351l. per ton, and the saltpetre about 40l.

Cross-examined by MR. RIBTON. Q. Was Bailey the person in charge of the Edith?" A. Yes, it sometimes happens that vessels miss the tide by not getting out at the first lock if they are not in turn—when that happens they ought to get as far as they can, to make sure of getting up the next tide—the Pison was in London—on the Monday I saw Bailey loading the Pison in the East India Docks, she had been brought down.

Cross-examined by MR. SLEIGH Q. You said that Bailey said that Fry had gone up to London for the Pison, did not he say that they had all gone up to London for the Prisoner? A. No, Bailey and Fry—I gave my evidence before the Magistrate—I do not think Bailey's answer was, "We all left our craft and went up to Butler's wharf to bring the Pison down, "he said that Bailey and Fry went up to London, but that they all left their craft—Middleton had no business to go to Butler's wharf—I went on board the Rhodius after she had been loaded, and saw the whalebone, and I saw whalebone in the barge—I do not know whether the whalebone was cleared till after 4 o'clock, but he said when I returned, "It has only just been cleared out"—I sent a person named Wells to assist in getting in the whalebone—he is not here, but I can get him if you want him.

Cross-examined by MR. THOMPSON. Q. From which vessel did the cassia come? A. From the Monarch—these vessels were all unloading at the same

time—we were the lightermen employed for all three jobs, and were un-loading The Friends, the Rhodius, and the Edith at the same time—we hid two men to one lighter, one to another, and Wells was there—we had three men to three lighters—The Friends was loaded with staves, which she throw over, there was no man to that—when we send three men with one lighter, the command is not given to one in particular, they are equal—I think then were other goods besides saltpetre in the Gloriana—I only gave verbal orders for the 100 bags from the Gloriana.

MK. COOPER . Q. Was there room for twenty bags more of saltpetre when you saw the barge? A. 100 or 150 bags more—I thought all the whalebone was in the steerage part, there was room for 300 or 400 bundles in the after part.

HENRY EDWARD SHEELET . I am in the service of the East India Dock Company—on 31st May two lighters, the Rhodius and the Edith, went out of the first lock about 9 o'clock, not later than that—the tide flowed that night at the docks at 5 minutes to 12 o'clock—this (produced) is an entry made by me at the time—the Pison came in on Sunday night at 30 minutes after 12 o'clock—Fry and Middleton were on board the lighters when I let them out, but I did not observe Bailey—another vessel called The Friend went out at the same time.

Cross-examined by MR. RIBTON. Q. What are you? A. Clerk at the dock master's office—I am the only clerk—it is my business to see the number of vessels that go out of the docks—I made this entry first on a slate, and I copied it into the book before high water—a great many more barges went out—the numbers will tell that they went out at the first lock, they are 2, 4, and 5, and these passes (produced) will tell—these are tickets given to me before I let them through—we number them and keep them—here is "2" on this, that is, 2nd barge, first lock; this, No. 4, is 4th barge, first lock—I am certain they were not in the second lock, because as they go out they are numbered—I think eight barges went in the first lock, I cannot say how many in the second, but if they had been in the second they would have been higher numbers—we do not number every lock, the second lock would begin where we left off with the first—I put these figures on—barges sometimes get foul when they have got out.

Cross-examined by MR. THOMPSON. Q. Do you notice the parties who have charge of the goods? A. No; there is no entry of the person in charge—I speak distinctly to Fry, because I have known him many years—we only enter the craft's name and the lighterman's name—Fry went oat in the Edith—I cannot say who was in the Rhodium—a man named Joyce was in the Sir Robert Peel, which went out loaded with saltpetre—the Favorite was likewise loaded with saltpetre.

SAMUEL HEMMINGS . I am a lighterman—I was in the prosecutor's service in May—on 31st May I was in a punt, the Poet, at the entrance to the East India Docks about 9 o'clock, and saw the three prisoners—I left to go home, and lift them on the pier head at Blackwall—I returned about 1 o'clock on Sunday morning, they were not there then, and instead of going into my barge, I went into Winton's barge, and went to sleep—I was awoke by the prisoners between 4 and 5 o'clock—I said, "Where are you from now I" they said, "From London, we brought one down," or something like that—we all went and had some coffee together, and about eight o'clock that morning, Sunday, we started in our several barges up to London, Middleton in charge of the Rhodius, Fry and Bailey in the Edits, and I in The Friends—we came by the tide up to London—Middleton went up alongside of me

all the way to Shadwell—I stopped at Wapping, and they proceeded on towards Butler's wharf.

GEORGE VENUS . I am watchman in the service of Middlemist and Hammond, and watch at Butler's wharf—I was there on Saturday night, 21st May, from 9 o'clock till Sunday afternoon—no barge or lighter left Butler's wharf during that time till 3 o'clock on Sunday afternoon, when the Pison left—the Rhodius and the Edith came up on Sunday about 11 or 12 o'clock, Fry and Bailey were in the Edith—I kept watch over the vessels—I heard nothing amiss till Monday morning—the two lighters were lying up at Butler's wharf—they were grounded about three o'clock, and then I left and came back rather before half-past 9, and waited till they were grounded again—they appeared to me on Monday morning in the game state—I first heard of the missing the whale-fins about middle day.

Cross-examined by MR. RIBTON. Q. Did the Pison leave Butler's wharf on Saturday? A. No, on Sunday afternoon—it left to go to the East India Docks—Fry and Bailey took it—the Rhodius and the Edith arrived at the wharf between 11 and 12 o'clock—it was not high water, but there was enough to float them, and they were aground about an hour and a half after high water—when aground, people could get at them by getting up to their knees in mud, or with a boat when they are afloat—there are what are called mud-larks in the river—I did not take out any saltpetre or any whalebone—I was away four hours, but there was the watchman on the wharf, walking about—that is not the watchman of Mr. Middlemist—Bailey brought his barge: it appeared to be all right—I did not examine it closely—when I came back at half past 9, I did not examine it.

Cross-examined by MR. THOMPSON. Q. What time does it take to come from Black wall to Butler's wharf? A. According to the tide, it took them two hours and better on Saturday night—that is, provided there is no obstruction—that was a full tide—they cannot start till nearly high water—the tide turned at past 12 'o'clock in the day—I am there all the time the barge are afloat.

MR. COOPER. Q. You are on them when they are afloat? A. Yes, and when they are aground I leave them—there is a watchman belonging to Butler's wharf besides.

JOHN POPE . I am a labourer at Butler's wharf, and usually act as tallyman there. On 2nd June I tallied the whalebone from the lighter Rhodius—I have a copy of the entry in my pocket (produced)—this is copied from oar book on to this sheet—these papers (produced) are not in my writing—Davis, the foreman of the wharf, was not with me at the time they were tallied—there were seventy-eight bundles of whalebone—on 4th June I tallied 487 bags of saltpetre from the Edith.

Cross-examined by MR. RIBTON. Q. What day did you tally from the Edith? A. On Thursday—I had to tally all that day, but do not remember how many bags I tallied from other barges—I could find out if I looked at the book—I have the account of the saltpetre in my pocket—I have not looked at the accounts since the day I tallied them—I was questioned on the same day by my employers as to how many I had tallied, and told them then—I gave my paper in, and that was tantamount to an answer—I went before the Magistrate, and was asked the number—I was able to tell it without looking at my papers, but I brought the papers with me to the Court—that was merely as a proof—no one desired me to bring them, and I did not look at them—the saltpetre is the only article that I can recollect—this is the copy (produced)—one assisted me in tallying.

WILLIAM THOMAS BRYDGES (Thames police inspector) On Tuesday, 3rd June, about 2 o'clock, I went with Mr. Hammond to Butler's wharf—I had heard of the loss of the whalebone and saltpetre—I saw Bailey there, and Mr. Hammond asked him where Fry was—he said that he had been taken out of the barge by the police—I said to him, "You were with Pry and Middleton on Saturday night at the East India Docks;" he said, "Yes; Fry and I left the docks at 11 o'clock, and left Middleton and Hemmins there; we came up to London, and expected that Middleton and Hemmins would have followed us to London, but they did not do so"—I asked him when he saw them again—he said, "Not till the following day"—I said, "You know more about it"—I noticed that he was nearly crying—he said, "Yes, I can tell you more; but this is not the proper place"—I said, "Why not?"—he said, "I have told so many lies already about it, that if I tell you the truth, you will not believe me"—we then went to the station, where I saw Fry in custody—I said, "Fry, you are in custody, and you have no occasion to answer the questions unless you please that I am going to pat to you"—I then asked him if he employed any man that morning to bring Stotherd's Rover punt, from Victoria Docks to Wapping—he said, "No, I did not"—Fry was once in the police, in the same division as I am—on the Wednesday morning I went with Petit to a stable yard in Whitecross street—I left Petit outside, went into the yard, and, in a stable which he had described, found 20 bundles of whale fins, one of which I produce, ten bags of saltpetre, and one tarpaulin, marked with Hammond and Middlemist's names, and which was identified at the station—I saw Stotherd's Rover punt, on Tuesday morning at Gardner's wharf—Maule pointed it out—it was about a mile from the entrance of the East India Docks—I have been engaged on wharves all my life—it was a very good tide on the Saturday night, to get from the East India Docks to Butler's wharf.

JOSEPH TRICKERY (Thames police inspector). On 2nd June, in the evening, I went to the house of Middlemist and Co., and saw Middleton (I have not been examined before a Magistrate)—I asked him at what time he got out of the East India Docks with the barge Rhodius on Saturday night—he said that he came out with the first lock—I asked him what time that was—he said 10 o'clock, as near as he knew—I asked him what he had done with the barge, that he did not come along—he said that the tide was so sluggish, he could not get up, and he made the barge fast to the dummy outside the East India Docks entrance, and they all went and got some refreshment—I said, You say, 'We all went;' who was with you?"—he said, "Fry, Bailey, and Hemmings"—I asked him at what time he returned to the barge—he said that he thought he was away about an hour and a half, it was getting on for 12 o'clock when he came back, and he then went into the cabin and turned in.

Cross-examined by MR. THOMPSON. Q. Were you out on that Saturday night? A. Yes—the wind blew from the north and it was raining; that would not have retarded the vessel, it would have helped it up as far as Greenwich—when they turned Greenwich point it would be against them.

CATHERINE STOTHERD . I am the wife of Henry Richard Stotherd, a master lighterman, of No. 115, High-street, Wapping. He lets out punts and barges—on Saturday night, 31st May, at twenty minutes or half past 11 o'clock, a short man and a tall one came—Fry is about the height and because of one of them—I told them that Mr. Stotherd was not at home, but that I could give them a key—I offered them two keys, they said that one would do—they said something about Sill Thomas, and that the craft was for Mr. Middllemist,

whom I knew—they took the Rover punt away, with them, and said that they would see Mr. Stotherd on the following morning.

ANDREW WALKER . I am a lighterman in the employ of Mr. Thompson of Wapping. On Sunday morning, 1st June, about 9 o'clock, I saw the Rover punt at the entrance to Bow-creek, she was covered over with tarpaulin and there were two men in her—it would take about a quarter of an hour, on the ebb tide, to get there from the East India Docks—there are no sails to these vessels.

Cross-examined by MR. RIBTON. Q. Were you close to them? A. Yes, in another barge—I had a good opportunity of seeing them.

Cross-examined by MR. SLEIGH. Q. From the East India Docks to Greenwich-reach or Blackwall-reach, is about one-fifth the distance to Butler's wharf, is it not? A. Yes.

MR. COOPER. Q. The East India Dock is at Blackwall-reach? A. Yes, COURT. Q. Did you see the men who were in the punt? A. Yes, it was not the prisoners.

LEONARD BARGNALL . I am watchman to the Eastern 'Counties Railway Company, at Bow-creek. On Monday, 2nd June, I saw Fry there about five minutes to 6 o'clock—it would take about ten minutes to walk from there to Gardner's wharf—I sung out, "Halloo, Jack"—he crossed over the road and spoke to another man who was sitting on the iron railing—the man said, "You have been a long while coming, Jack"—about five minutes before I saw Fry, I saw a van coming up the road in a direction from Gardner's wharf, containing whalebone and something in gunny bags.

Cross-examined by MR. THOMPSON. Q. What hours do you keep? A. From 6 o'clock in the morning to 6 o'clock at night—I am on duty about A stone's throw from the East India Docks—I can go from the end of our wharf close to it—a bridge comes across Bow-creek—this was on Monday evening—when I saw Fry, I was at the East India Dock, just walking up the Barking-road—the man who was sitting on the railings was about twenty yards from me—I have been on terms of intimacy with Fry—I always spoke to him when we met and he always stopped and spoke to me.

GEORGE GARDNER . I reside at Grove-street, Poplar. Gardner's wharf is mine—on Sunday night, 1st June, I was there and saw the Rover punt—I went into her and saw some whalebone peeping out underneath the tarpaulin.

HENRY MAULE . I am a labourer, working at Mr. Gardner's wharf On Monday, 2nd June, about 5 o'clock in the afternoon, I saw the Rover punt unloading there, and assisted in carrying some whalebone from, it, similar to this produced, to a van—there were ten bags similar to these, and I saw a tarpaulin there—there were five men but I cannot recognise them.

Cross-examined by MR. RIBTON. Q. You were very close to them? A. Yes, and had a full opportunity of seeing them.

Cross-examined by MR. THOMPSON. Q. Had you known either of the prisoners before. A. No, I do not recollect them.

GEORGE PETTIT . I am a carman in the employ of Charles dare, of Swan-street, Minories. On Sunday afternoon, 2nd June, about half past 3 o'clock, a person came to my master's to hire a van—I went with him in it to Lernan-street, Whitechapel; he then left me, and two other men got into the cart, and drove with me to the George in the Commercial-road, where another man got in—we then went to the East India Road, and met two more men—fry was one of them and the other I did not know—we went

down to Bow creek and stayed there about half an hour—Fry remained with me—I was told by some of them to bring the van on to the load—I took it to the stone-yard, and it was loaded with twenty bundles of whalebone and ten bags of saltpetre—Fry went into the barge, I could not see what lie did—after the van was loaded, I drove it up the road to a stable-yard in Whitecross-street—I afterwards saw inspector Brydges there.

Cross-examined by MR. THOMPSON. Q. How long have you been it work for Mr. Clare? A. About a month this last time—I worked all the winter at the Commercial Gas Works as a carman—I speak to Fry, I do not know the other men—they were not there—Fry wore a cap and a dark jacket—I was stopping at the public-house, and he remained with me—I had not known him before—I got home about 7 o'clock—we got to Bow-creek about half-past 4, or rather more, and we left about half-past 5—I am sure it was not half-past 6, because we got to Limehouse Church about I 5, or a few minutes before, and that is about a mile—there was one hone in the van—the goods weighed close upon 2 tons—we went at a slow pace, only walking—we stopped and had a pint of ale, but not before we got to the Church—we left Fry behind us and never saw any more of him.

HENRY FORROW . I am a lighterman, living at No. 4, Wharf-plan, Canning-town. On Tuesday, 3rd June, I was on the pier in the neighbour-hood of the East India Docks, from 9 o'clock till about half-past—Fry, who I knew before, came out of a barge which was lying alongside the per loaded—he asked me if I had got anything to do, and I told him "No"—he asked me if I would go and fetch the punt' Rover, and take it to Mr. Stotherd's road, at Wapping—he said that the key was up her head—I was to have 5s., but from what afterwards came to my knowledge, I did not take it.

Cross-examined by MR. THOMPSON. Q. Were you in work at the time? A. No; I had nothing to do—I have been on job work for Mr. Mare for two years, when he has anything to do—I first heard of this robbery on Tuesday, the 3rd, when I was on the steam-boat which was to take me to the Victoria Dock—there is a landing-place there; there is one on the north side of the river, it is recently opened—I landed on the lighter, alongside the Victoria Dock, but the punt was not there—I started by the steam-boat about 5 or 10 minutes after the conversation, which was on Brunswick Pier, Blackwall—I went directly, and did not find the punt.

MR. RIBTON to SAMUEL HEMMINGS. Q. Is the dummy where they moor I barges at Blackwall, outside the East India Dock, dose to Blackwall Reach! A. Yes; it is one end of Blackwall Reach.

COURT to GEORGE VENUS. Q. When did the Prisoner leave Butler's wharf? A. At 3 o'clock, or just before, or Sunday afternoon—I am quite sure it was on Sunday; Bailey's employer took her away—I saw the Rhodius after she was loaded with whalebone and covered up with tarpaulin, on the Saturday, and I saw her again on the Monday morning; the cargo then appeared to me just as I had left it—I saw her when she came up to Butler's wharf on Sunday morning.

COURT to FRANCIS HAMMOND. Q. Have you examined the whalebone and the bags? A. Yes; it is our property; it was entrusted to our charge, and the saltpetre also: they have both the same mark.

(Bailey received a good character.)

NOT GUILTY .

FOURTH COURT.—Saturday, June 21st, 1856.

PRESENT—Mr. Ald. CARTER and MICHAEL PRENTDERGAST, Esq.

Before Michael Prendergast, Esq. and the Third Jury.

Reference Number: t18560616-649

649. WILLIAM ROBINSON was indicted for feloniously throwing over Jessie Brett, a quantity of sulphuric acid, with intent to burn her.

MR. HORRY conducted the Prosecution.

JESSIE BRETT . I am the daughter of John Brett, a carpenter and broker, of Church-street, St. Pancras. The prisoner lives right opposite—his father keeps a broker's shop—I have had no quarrel with him lately—he has called me names, but I have not called him any—we did not have a quarrel on the night this happened—on 12th June, between 9 and 10 o'clock, I was cleaning out the shop and saw the prisoner standing at his own doorway—he stood in the doorway, and threw something over me out of a cup which he had in his hand, which I thought at first was water—it burnt my face and the crown of my head very much—it marked my dress; I have it here—I saw a medical gentleman about half-past 10 o'clock—as soon as it was thrown over me I went up and complained to my father.

Cross-examined by MR. PAYNE. Q. Have you ever had quarrels with him, or called him names? A. Never; he has called me names several times—I have never quarrelled with him lately—I have lived near him about seven years—I never threw anything at him—I did not throw any broken glass on the night before this happened—he threw some glass off the window sill, and said that I had thrown it at him—that was outside of his shop—he was reaching out of his window, and threw something down, and told his father that I had done it—that was the night before this happened—I did not throw a basket of fire over his sister before that—it was my father who did that—he was brought up before a Magistrate for it, and fined 5s.—my father has not been summoned, before the Magistrate several times, that I know of—by a basket of fire I mean one of those things made like a basket, which are used in grates in the summer—the coals were hot—(The witness a deposition being read, stated: "The prisoner lives opposite; we have had quarrels lately, and have been calling each other names every night")—that which you have read is not true—I was only a few yards off when he threw it at me; I was in my shop, and he was in the door of his shop—I was about half a yard from my door, and he was some way from his—the street is about three yards wide—we were about as far from each other as from the front of the jury box to the opposite partition of this Court (about four or five yards)—I did not move back, because I thought it was water.

COURT. Q. Are there any marks on you? A. Yes; here is a small one (on the left temple)—the hair on the crown of my head is gone off a little.

JOHN BRETT . I am the father of the last witness. On the evening of 12th June I was at my first floor window, and saw the prisoner come out whistling from his father's door, with a cup in his hand—he threw the contents of it over into my shop door—my daughter came up, and said, "I am burning"—I put my tongue to her head, and the taste was disagreeable, it was acid.

Cross-examined. Q. Have not you and this lad's father been uncomfortable neighbours for some time past? A. Yes, we have—I have not been

bound over to keep the peace towards him—there is nothing but contention between us—I was fined 5s. or 7s. for throwing the basket of fire over the prisoner's sister—I have been summoned three times by the prisoner's father, and I have summoned him a good many times—I have summoned him more times than he has summoned me—I have been tried and have been sentenced to be transported, but after I had served some time in prison I was let off.

COURT. Q. Are you and the prisoner's father both in the brokery line? A. Yes.

MR. PAYNE. Q. Have you ever said you would make some b—y money out of this business? A. No; I could not see where my daughter was standing—the prisoner was inside his doorway, and my daughter was inside our shop.

JAMES SMELLIE . I am a surgeon, at No. 4, Judd-place East, New-road. I saw the prosecutrix at the police station on the evening of 12th June—her cheek was slightly excoriated; not very much—there was a small sore produced by some excoriating substance which I tasted; it had a taste like diluted sulphuric acid—I am of opinion it was diluted acid which is used for domestic purposes—it would be diluted in the proportion of seven parts of water to one of acid—I examined her clothes; she had them on then—they were stained with the drops of the diluted acid—there was one hole through the cloth—the colour was gone, but I could restore it with ammonia.

COURT. Q. That would show that the colour was not destroyed, but only damaged, would it not? A. It would—the hole was in the front of the dress—I am of opinion that it was made by burning, because there was more acid where the hole was burnt—it was about the size of a fourpenny piece.

JURY. Q. Did you apply ammonia to that part of the dress where the hole is? A. Yes; to the edges of the hole.

JESSIE BRETT re-examined. These are the clothes I had on that night (produced).

HENRY DONKIN (policeman, S 233). I took the prisoner into custody one day last week, between 9 and 10 o'clock in the evening. I told him what I took him into custody for, and he denied the charge—I said, "You are the boy we want, your name is Robinson"—he said, "Yes, what do you want?"—I said, "You have been throwing something over Jessie Brett"—he said, "No; I never did it"—I produce a stick which was standing near where the prosecutrix was on that evening, and there are some stains on it—I took it to the doctor.

JAMES SMELLIE re-examined. I examined this piece of wood—there are one or two acid stains on it—they were on it when I had it.

COURT to HENRY DONKIN. Q. Where was it standing? A. Close by the door—the street is about four yards wide—they could shake hands across it.

MR. PAYNE. Q. Did you search the house? A. Yes; I found no acid in it—I inquired of the mother, and then the father came out—he did not point out anything to me—I could not find anything relating to this affair.

(The prisoner received a good character.)

NOT GUILTY .

Reference Number: t18560616-650

650. HENRY STAIRS , rape on Elizabeth Adelaide Taylor, on 14th May.

MR. METCALFE conducted the Prosecution, and MR. M'ENTEER the Defence.

GUILTY of attempting. —Aged 33.— Confined Twelve Months.

Reference Number: t18560616-651

651. EDMUND GUNNER , feloniously carnally knowing and abusing Catherine Wilson Olsen, aged nine years and five months.

MR. ROBINSON conducted the Prosecution, and MR. HAWTHORN the Defence.

GUILTY of attempting. Aged 20.— Confined Twelve Months.

ESSEX CASES.

Before Mr. Recorder.

Reference Number: t18560616-652

652. HENRY FITZGERALD was indicted for embezzlement.

MR. METCALFE conducted the Prosecution.

GEORGE BURROWS . I am a wheelwright, at Leytonstone. I have bad timber occasionally from Mr. Martin—on 2nd May the prisoner came for the account due to Mr. Martin—I paid him a sovereign, that was all I had got—he gave me this receipt—(Read: "Bill delivered, 5l. 11s. 2d. Received on account, 1l. H. Fitzgerald, for T. S. Martin.")—he wrote that at the time.

Cross-examined by MR. SLEIGH. Q. You have known this man for some years, have you not? A. Yes, a great many years—his father used to come to my master for money just as he came to me I never heard anything against him—when I paid him the sovereign I told him he must tell Mr. Martin that I had not any more money at present, but to give my kind respects to him, and I would pay him the rest as soon as I could.

FREDERICK SAMUEL MARTIN . I am a timber merchant, at Stratford. The prisoner was in my employment for about five months as clerk—on 2nd May I sent him with this bill to Mr. Burrows to collect 5l. 14s.; on his return he said that Burrows was not ready to pay—I said, "I shall County Court him"—he said he was a decent fellow, and would pay in a short period of time—he did not pay me a sovereign, or any money—I discharged him on the 24th for some other reason, and discovered this afterwards.

Cross-examined. Q. When did you discover it? A. On the Monday following the day upon which I discharged him—he had been in my service about five months; I had known him previously for twenty years, I should say—I knew him to be a bad man, but I thought I was clever enough to make him a good one—I am certain he did not pay me 1l. when he came back from Burrows—I carry a porte monnaie, and loose gold and silver in it—I cannot tell at what time he returned from Burrows's—I saw him the ensuing morning about 7 o'clock, I should imagine, as far as I can recollect—it was part of his duty to measure timber; he is a very clever fellow, and is the author of one or two works—he has been in the habit of going into the country upon business for me—I gave him money before he started on his journeys—I did not allow him to appropriate the money he received from customers if he ran short—I never recollect his paying money out of his own pocket, and my afterwards repaying him—I will swear it never occurred—I remember sending him a cheque into the country with instructions to apply to one of my customers to cash it—I do not know that he refused to cash it, I know it was cashed; I have never heard that he could not get it cashed, and had to make use of his own money until he could get it cashed—he never told me anything of the kind—at the time I discharged him, on 24th May, I owed him 1l. 8s. 6d. for wages.

MR. METCALFE. Q. Why did not you pay him? A. Because I had 3l. 5s. to make good for a transaction in which he improperly used my name, forged my name—it was that for which I discharged him—at the time I took him I knew his character from both of his employers—he did not say anything to me about Burrows's money between the 2nd May and 24th.

THOMAS COLLINS (policeman, K 74). I took the prisoner into custody—I told him it was for receiving a sovereign from Mr. Burrows on 2nd Mar and not paying it over to his master—he rather hesitated about it at first, but when I showed him the bill he said he recollected it very well, he had received the sovereign, and had given it over to his master—his wife, who was there at the time, said to him, "No, dear, you did not; I recollect your bringing the sovereign home quite well"—he made no reply.

Cross-examined. Q. Did you ever say before to-day that he rather hesitated? A. I told the Magistrate so, and also that his wife said, "No, dear, I recollect your bringing the sovereign home"—(The witness's deposition being read did not contain that statement)—it is not there, but I told the clerk so—my deposition was not read over to me—this was at Leytonstone.

FREDERICK SAMUEL MARTIN re-examined. I keep a book, in which I entered the money that the prisoner brought to me—this is it—there is no entry of this pound—I am quite positive he did not pay it me; the prisoner kept no memorandum or account of what he received—I only allowed him to receive money with the understanding that he was to hand it over to me immediately.

(The prisoner received a good character.)

NOT GUILTY .

Before Mr. Common Serjeant.

Reference Number: t18560616-653

653. MARY ANN ANDREWS , stealing 1 blanket, value 10s., and 10lbs. weight of feathers, value 27s.; the goods of Sophia Eliza Sedgwick.

SOPHIA ELIZA SEDGWICK . I am a widow, living at Stratford. I let lodgings to the prisoner on 13th May—she was with me for three weeks, until she was taken into custody—about three hours before she went away, I saw there were some feathers taken out of the bed—I saw that it looked much thinner and flatter than when she first came to me, and because the thread with which it was sewn was new in one part, while that with which the rest was sewn was soiled—the blanket was marked in the corner.

Prisoner. I am not guilty of stealing the feathers, but I pledged the blanket.

EDWARD ASHBY HAWS . The prisoner pledged this blanket (produced) with me on 14th May.

THOMAS ADDINGTON (police constable). I was sent for to the prosecutrix's house—I saw the bed had been fresh sewn for about ten inches—the prisoner came in while I was there, and Mrs. Sedgwick asked her what she had done with the blanket and feathers—she said she had pledged the blanket, but not the feathers—she gave up the ticket for the blanket voluntarily (produced)—she was searched at the station house, and some feathers were found on her; she said they were hers, and she had had them for six years—the feathers exactly correspond with some which were taken from the bed—she pledged the blanket on 14th May, the day after she took the lodging.

GUILTY .— Confined Three Months.

KENT CASES.

Before Mr. Common Serjeant.

Reference Number: t18560616-654

654. DENNIS SULLIVAN and CORNELIUS M'CARTHY , unlawfully uttering counterfeit coin.

MR. POLAND conducted the Prosecution.

MARY WICKERS . My husband keeps the Admiral Rodney, at Deptford. On 6th June, the prisoners came there together about half past 10 o'clock—I served them a pint of beer, and Sullivan gave me a shilling; I examined it, and told him it was bad—I gave it him back—he said he had taken it in change at the Cape of Good Hope, opposite, and he would go and get it changed—he went, and told M'Carthy to wait till he came back—he left and did not return; M'Carthy waited five or six minutes, and then he went away—they left the beer—on the following day I saw them again in custody.

Cross-examined by MR. W. J. PAYNE. Q. Had you seen them before? A. Yes, in Deptford—our house is in King-street—Sullivan told M'Carthy to wait till he came back—I thought he would return to M'Carthy—whether he went to the Cape of Good Hope I do not know, M'Carthy did not offer me anything—I saw them the next day at Greenwich, before the Magistrate—they were standing where prisoners do stand—the policeman came and asked me if I should know them again—he did not point them out—I pointed them out—I knew them when I saw them—I naturally looked to the place where the prisoners come in—I am quite sure these are the two men.

JOSEPH WILLIAM WHITTAKER . I keep the Mechanics' Arms, at Deptford, about four minutes' walk from the Rodney. A few minutes before 11 o'clock at night, on 6th June, the prisoners came in together—they were served with a pint of porter, and Sullivan gave me a bad shilling—I bent it with my mouth, and asked him where he got it from, he said, "From the Noah's Ark, in change for a half sovereign"—I should hare let the prisoners go, but the policeman looked in, and asked if they had attempted to pass bad money—I said, "Yes"—I threw down the shilling, and the policeman took it and broke it in two pieces—he took the prisoners into my parlour and searched them—one shilling was found under M'Carthy's trowsers.

Cross-examined. Q. Are you quite sure Sullivan said the Noah's Ark? A. Yes; he said at the bottom of the street—to the best of my belief I have always said so—the prisoners were dressed as they are now—I do not know that Sullivan was employed in the Dock-yard.

WILLIAM WATSON (policeman, E 217). On the night of 6th June, I was on duty in Deptford—I went to Mr. Whittaker's, the Mechanics' Arms—I met Sullivan coming out at the door—I took him back, and asked Mr. Whittaker what he had been doing—he said, "Attempting to pass a bad shilling;" and he put the shilling on the counter—I took it, and bent it, and broke it—I took the prisoners into a side room, and searched them—as M'Carthy was taking off the leg of his trowsers, a shilling dropped on the floor—I found nothing more but one good sixpence.

Cross-examined. Q. Do you know that Sullivan was employed in the Dock-yard? A. Yes, and had been so for some time past.

WILLIAM WEBSTER . I am inspector of coin to the Royal Mint; these shillings are both bad and from one mould.

M'Carthy's Defence. I went to get a pint of beer; I did not know but that the money was good.

SULLIVAN— GUILTY . Aged 23.

M'CARTHY— GUILTY . Aged 30.

Confined Nine Months.

Reference Number: t18560616-655

655. WILLIAM ROFFEY , stealing 16 loaves of bread, value 5s., and bun, value 1d., the goods of William Blow, his master.

MR. PAYNE conducted the Prosecution.

WILLIAM BLOW . I am a baker in Trafalgar-terrace, Greenwich—the prisoner was my second hand under the foreman—it was his duty to assist in the night with the bread, and after it was done to bring it into the shop, directly it was done—on Whit Monday, I was in my parlour about a quarter past 6 o'clock—there is a passage between the parlour and the shop—I can hear in that parlour what passes in the bakehouse—about a quarter past 6 o'clock, I heard the foreman call "Charles," which is the name he generally called the prisoner—I heard the foreman begin to draw the bread and I heard the prisoner come up stairs with it after it was done drawing—he came up several times, and I heard him go into the stable—I know it was him by its being his place to bring up the bread, and no one else was employed to do it—I afterwards went into the stable—I saw the cart there with the shafts up—the cart has a tilt to it, and by lifting the tilt you can put anything in it, while the cart is up, or they might put it in at the door—the door was fast, I lifted the tilt and discovered on the left side, ten half quartern loaves, and six on the right hand—they were just as they came out of the oven—that bread ought to have been in the shop—the prisoner goes out to the customers with bread, between 9 and 10 o'clock—that bread is told out to him—about 7 o'clock, the cart was moved to the side of the house in the street—I was on the premises when the bread was delivered to the prisoner for the customers, and I saw the pony put in the cart—I went with a policeman to Hogg-lane—I saw the prisoner coming along the lane with the cart—I stopped him and asked him to tell me what bread he had in the cart—he said he had not got any but what was counted out to him—I opened the door of the cart to count the bread, but I found it was impossible, as there was so much—we took it into the station and counted it there—there had been twenty-six quartern loaves counted out to him, and there were thirty-four—he had no right at all to have those additional ones in his cart—the sixteen half quarterns were in the same place in which I had seen them in the morning—supposing a person to load the cart from the door at the back, he must have seen those loaves—I told the prisoner at the station that there were sixteen half quarterns more than there ought to be, and he said he knew nothing about it—I gave him in charge, and he was searched, and on his person was found a new 1d. bun—he said it was mine; but that is of no importance, the value of the bread was 5s. 4d.

Cross-examined by MR. SLEIGH. Q. How long has this young man been in your service? A. For ten months—he had been in the service of a person in my trade previously, from whom I received a very good character—my foreman Kennard has been in my service nearly as long as the prisoner—I was not about to discharge Kennard,—he was about to leave me—I had not applied to the prisoner to take Kennard's place exactly—the prisoner could not make small bread—he was to make bread—there was no dispute between me and Kennard about the amount of wages—on Kennard leaving, the prisoner was to be on an increased salary—I am not aware that Kennard knew that the prisoner was to supply his place, unless he told

him himself—the reason of Kennard's leaving me was his wife is sadly afflicted, and my place is rather hard—he found it was too heavy for him, and he should be obliged to leave this summer—he gave me notice three months ago—he said he expected a better situation—I said, "You are not certain of getting a better situation; you may stay till you get one."

ELIZA HAYWARD . I am servant to the last witness. On Whit Monday I came down at half-past 6 o'clock, and opened the parlour door—I was in the shop till about 7 o'clock—I saw the prisoner come with bread from the bakehouse into the shop while I was there—I was present about 10 o'clock that morning when the bread was delivered by my mistress to the prisoner to take out—she delivered twenty-six quarterns to him—he put it into the cart which was standing by the side window—no one helped him to take the bread from the shop to the cart, he did it all himself, and put it in the door behind the cart—if there had been sixteen loaves in it he must have seen them.

Cross-examined. Q. Is there any division in the cart? A. No; I saw him load the cart at the back—it could be loaded at the top—there is a tilt goes over the top of the cart to keep the bread dry.

EDWARD CHARLES KENNARD . I was foreman to the prosecutor. On that morning I began to draw the bread at a quarter past 6 o'clock—I called the prisoner, and he took it away as usual to carry it into the shop—I looked into the cart before it was loaded, I saw the sixteen loaves, they were part of what I had made that morning.

Cross-examined. Q. Did you know that this young man was about to supply your place at your master's? A. No; I had no conversation that I was about to leave, and that he was to take my place—there was no dispute between me and this young man except once, about a fortnight after he came.

JOHN FOSTER (police sergeant, E 89). I was with the prosecutor at the time the cart was stopped in the road, and the prosecutor asked the prisoner how much bread he had—he said, "You know what was counted out to me"—the prosecutor said, "Have you any more?"—he said, "Not that I am aware of"—his cart was searched, and thirty-four loaves were found.

Cross-examined. Q. Did not the prisoner manifest great surprise, and declare he knew nothing at all about it? A. He seemed very much confused, and said he did not know that the bread was there.

EDWARD CHARLES KENNARD re-examined. I think about five bushels and a half or six bushels of bread were made that morning—we count sixteen quarterns to a bushel—I cannot tell how many loaves were made, I have no further to do with it after I give the prisoner the quantity made—he took all the bread into the shop.

WILLIAM BLOW re-examined. The stock in the shop after these sixteen loaves were taken would hare been that number short, but I did not count them—it was not the prisoner's duty to take any bread out of the shop, except what was counted out to him—it would be necessary for him to go to the stable to get food for the horse, but not at that time in the morning, but after he had done bringing the bread up into the shop.

NOT GUILTY .

Before Michael Prendergast, Esq.

Reference Number: t18560616-656

656. JAMES LEWRY and PATRICK LANE , stealing 15 gas fittings, value 40l., the goods of Thomas Cummings; fixed to a building: to which

LEWRY PLEADED GUILTY . MR. METCALFE conducted the Prosecution.

THOMAS HENRY HARLEY . I am a blacksmith, living at Skelton-street,

Greenwich. I keep a marine store shop also—I know both the prisoners, they have both been at my shop—I gave up to the police all the chandelier (produced), one whole and one in pieces, also a number of gas fittings—I bought all these things from the prisoner Lewry at different times—he was about a dozen times bringing all the things, between 5th April and 21st May, that was the day on which he was taken into custody—I gave information to the police Lane was present three or four of the times on which these things were brought—he was present when this chandelier was brought, that was on 17th May—some of the things in the handkerchief (the gas fittings) were brought at the same time—Lewry was more particular in weighing the things than Lane, whom I took to be his master—he was more particular in my favour—Lewry had the money for the chandelier—there was a quantity of brass forming a brass chandelier, in pieces, which I have sold—Lane was not there, I think, when any of that was brought to me—he was present when I paid the money—I was never at home when the prisoners came to my house, and they always used to wait for me till I came home; and when I came home I used to hear that they had been waiting for me some time—the things were brought to me in exactly the same state as they now are—this chandelier is of brass—I gave sixpence a pound for them.

MARY HARLEY . I am the wife of the last witness. I saw the prisoners when they came to our house—they always came together—the money was always paid to Lewry—Lane brought the chandelier, he carried it himself; he set it inside the kitchen—Lewry was always with him—I was not present when it was weighed—the lad was so very particular in the weighing—the other one took the money—the other one brought something at the same time—I cannot say what it was, but he held it down—the chandelier was open when it was brought, as it is now, but the other things were in a basket.

Lane. Q. Did you not say at the police court that you had never seen me bring anything? A. No, nothing of the kind—I did not say that I could not be sure that you brought the chandelier—I recognised you as the party who had brought the chandelier as well as the person who had come with the other man.

JOSIAH TURNER (policeman, R 307). I took Lane into custody at his house—they both lodge in the same house—I told him what he was charged with—he said he knew nothing about it—I then took him to Harley's house—it was between 12 and 1 o'clock at night—I knocked Harley up—he said, "Yes, that is the second party," and his wife said the same—I have never noticed the prisoners together—I took him first to the next house—the woman at the next house said there had been things left there, by two persons, but she could not say Lane was one of them.

JOHN DOWSON . I am a house agent, living at Greenwich. I had charge of the house fittings at the time they were taken—I recognise the chandelier and fittings—I have been over the house lately—such things have been taken away from it—I saw them safe there about three months ago—I discovered they were missing only when I received information from the police, on 21st May—the chandelier was fixed in the house at the time—a great quantity of things of considerable value were taken away, everything of value, in fact—the intrinsic value of all they have taken away is perhaps not more than 60l., but the actual value, taking into consideration the damage that has been done, is, I dare say, as much as 300l.

LANE— NOT GUILTY .

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

JAMES WESTBROOKE (policeman, R 114). I produce a certificate of Lewry's former conviction—(Read—" Central Criminal Court, Feb. 27, 1854; James Lewry, Convicted of stealing a copper, having been before convicted; Confined twelve months")—he is the man.

LEWRY—GUILTY. Aged 32.— Four Years Penal Servitude.

(There were two other indictments against the prisoner.)

Reference Number: t18560616-657

657. JOHN BARCLAY (a soldier), stealing, on 24th May, at Woolwich, 2 spoons, value 15s.; the goods of Archibald Calvert and others: to which he

PLEADED GUILTY . Aged 19.—He received a good character.— Confined Four Months.

Reference Number: t18560616-658

658. EDWARD COPE (a soldier), stealing, on 6th June, at Woolwich, 1 watch, value 1l.; the goods of Edwin Revett: to which he

PLEADED GUILTY . Aged 23.—(His sergeant stated that he had deserted twice, and had been tried three or four times by Court Martial).— Confined Twelve Months.

Reference Number: t18560616-659

659. GEORGE KING and CHARLES MORRISS , unlawfully assaulting Samuel Simms, and causing him actual bodily harm.

MR. PAYNE conducted the Prosecution.

SAMUEL SIMMS . I am captain of the Petrel steamboat. On Saturday, 10th May, we were coming from Sheerness to London, and called at North Woolwich, that is on the north side of the river, coming up—the vessel is not allowed to carry passengers from North Woolwich to Blackwall—that was the first day we started on that passage; we stopped there to land passengers, and the prisoners made an attempt to come in at the fore gangway—I told them they were coming on board the wrong boat, and said, "If you were to come here you would have to pay 6d. a piece"—I thought they were passengers for the penny boat going over the water—the pier man told them, in my hearing, that I was not allowed to take them—they then made another attempt at the after gangway—I got off the paddle box as they got on the gangway, and met King half way along it, and said, "Now we want no nonsense; you must go out"—I got him on to the pier, and another man, Morrisson, pinned me by the arms—I stepped down, jumped on to the paddle box, and said, "Go ahead;" and as we were going, King threw a tin can at me, which struck me on the lip, and cut it—it bled a great deal, and was so bad that I called the mate to take charge of the boat—I went to Charing-cross Hospital, and had it sewn up—I was an out patient four or five days.

Morriss. You never touched me; I walked in, and flat down; you walked abaft the funnel, and I saw that you were handling this man more like a dog. Witness. I did not handle you at all.

MR. PAYNE. Q. When the can was thrown, were either of them on hoard? A. No—the steamer was going away from the pier.

THOMAS HUNTTNGSFORD . I was the mate on board this steamboat. The prisoners tried to get on board to go to Blackwall; the captain told them that they were not allowed to do so—when the boat was going off King made use of a bad expression, and threw the can at the captain—it struck him on the mouth, and went overboard—his mouth bled, and I took charge of the vessel—he was on board next day.

King. Q. Did not you say that you were at the wheel, in your former statement? A. No; I was in the after gangway.

JOHN PESKETT . I am the pier man. After these persons had tried to get on, and were not allowed, I saw King throw a tin bottle; it struck the captain, and rebounded overboard.

King's Defence. I met two or three young fellows who were out of work; I went on board this boat, and saw the cruel way that Mr. Simms was pulling and dragging this man about, and, being excited, went to his assistance, and what I did or said afterwards I cannot say.

KING— GUILTY .—He received a good character.— Confined One Month.

MORRISS— NOT GUILTY .

Reference Number: t18560616-660

660. JAMES TILLEN , stealing, on 7th June, at Greenwich, 59lbs. weight of lead, value 10s.; the goods of David Dennant, fixed to a building: having been before convicted: to which he

PLEADED GUILTY .** Aged 23.— Four Years Penal Servitude.

SURREY CASES.

Before Mr. Justice Growder.

Reference Number: t18560616-661

661. CHARLES LANGDON , feloniously and knowingly uttering a forged 5l. Bank of England note.

MESSRS. CLARKSON and BAYLEY conducted the Prosecution.

HENRY MARTIN . I keep the Prince Albert public-house, Camberwell-road. I have known the prisoner about six months—on Monday night, 19th May last, he came to my bar between 10 and 11 o'clock—he was dressed about the same as he is now, with a napkin over his shoulder, and no hat—he said he came for change for a 5l. note—he produced one—I took it and asked who it was for—he said, "For the governor"—I said, "Mr. Stacey"—he said, "Yes"—I took the note into the bar parlour, and wrote Mr. Stacey's name upon it—I knew Mr. Stacey—he is the proprietor of the Flora Gardens—this is the note (produced)—I gave him 5l., and he went away—the note was returned to me as forged on the Saturday following.

Cross-examined by MR. HUGHES. Q. Did you know the prisoner as a waiter at the Flora Gardens? A. Yes—he came to my house sometimes as a customer—I have seen a man named Plumley—I believe he is ticket taker at the Flora Gardens—I do not know where he is now—the prisoner came in for change the same as anybody else would—he appeared to want it quickly—I did not notice him more than any other customer—I have not been in the habit of changing notes for Mr. Stacey—I had never changed one for him before.

MR. CLARKSON. Q. He said nothing about Plumley when you asked him who it was for? A. No.

CHARLES FLETCHER . I keep the Clarendon Arms, Camberwell New-road. I know the prisoner—on Tuesday, 13th May, he came to my house about 9 o'clock in the evening—I had only been in the house three weeks—he asked for change for a 5l. note—he was dressed the same as he is now, with a cloth over his shoulder—I thought he was in haste—he had no hat on—he gave me the note—I asked him who the change was for—I believe he said his governor—I supposed that to be Mr. Stacey—I give him four sovereigns and 1l. worth of silver, and he went away—I took the note into the parlour, and wrote on it "Mr. Stacey, Wyndham-road"—this is the

note (produced)—I paid it away to my brewers on the Friday, and on the Tuesday following, the 20th, it was returned to me stamped "forged"—on Monday evening, the 19th, the prisoner came again about 9 o'clock, and wanted change for a 5l. note—I took hold of it, and looked at it by the gas light—I said I had not got change, and he took it and went away—I had only known the prisoner the short time I had been in the house—on the Tuesday, the 20th, when the note was brought back forged, I sent for the prisoner between 5 and 6 o'clock in the evening—he came, accompanied by Mr. Stacey—I said to the prisoner, "I have got the note that you tendered to me, returned to me stamped forged"—he said, "Good God, you don't say so; I believe I know the man that gave it to me"—I asked him who gave it him—he said, "A man of the name of Plumley"—(up to this time he had said nothing to me about Plumley)—he offered to accompany me to Plumley's house with Mr. Stacey—I said, "I cannot go at present, I will go by-and-bye"—they went away then, and returned about 11 o'clock, and I accompanied them in a cab to Peacock-street, Newington—on our way there the prisoner said he did not think that Jack would serve him like that—he said that he had passed two more notes, one at Mr. Woolcock's, and one at Mr. Martin's—he said that Plumley had told him previously that he was coming into some property, and he should take the flora Gardens for a season, and he (the prisoner) should be something better than a waiter—he said he had a shilling each for changing the notes, and he asked Plumley whether he would treat him to anything, and he said, "Yes, you can have what you like if you will change me this note"—when we got to Peacock-street, Newington, I remained outside the house where it was supposed Plumley lived—I left the prisoner there, and went with Mr. Stacey to look after a policeman—we-returned with one in about a quarter of an hour—what became of the prisoner in the mean time I cannot say—I knocked at the door pointed out to me by Mr. Stacey, who said he believed Plumley lived there—no one answered there—after knocking some time, I went to the next door and knocked—nobody answered there, and I then went to the next door and knocked for some time—a woman put her head out of window, and asked who was there—I asked whether Mr. Plumley was at home—she said she did not know, and I believe she went down stairs and knocked at Mrs. Plumley's door in the same house, No. 24—the prisoner was near enough to hear what passed—we found Mrs. Plumley or some person said to be Mrs. Plumley—I did not know her—I asked her where Plumley was—she said he had not been home since the Sunday previous—I asked whether he had left her any money at home—she said no, she was actually starving—I asked whether she had seen him with any money lately—she said no, not any—I asked whether she had heard that he had come into some property—she said no, she had heard nothing of the kind—we went into the house, and looked under the bed, but did not find Plumley—Mr. Stacey, the prisoner, and I then went to the Lambeth police station, and they referred us to Lock's-fields—we found it then so late, that we did not go any further, but agreed to meet next morning—on the following morning the prisoner accompanied me to Lock's-fields—he gave a description of Plumley—I stated in his hearing at that time that I believed he was innocent, and Plumley was guilty—I then returned home—I afterwards heard that two other notes had been uttered—I was present on the following Saturday when the prisoner was given into custody.

Cross-examined. Q. Who was it gave him into custody? A. I believe all three, Mr. Woolcock, I, and Mr. Martin, Mr. Woolcock principally—at

the time I went down to Plumley's, the prisoner rendered me every assistance to endeavour to find out this man—I brought the policeman to give Plumely into custody, not the prisoner—I made an appointment to meet him at the station-house, and he kept that appointment—he went back to the Flora Gardens after this transaction, and he was there up to the time we took him into custody—I believe the police are looking after Plumley by my instructions—the prisoner has given me every information to find out where Plumley is—I did not believe that the prisoner knew anything about this, and I do not believe it now.

MR. CLARKSON. Q. But you joined with the other two in giving him into custody? A. I did; I gave him into custody on the part of the other two gentlemen.

COURT. Q. What do you mean by that; you were all three together, were you not? A. Yes; the other two came to-me, and I thought I could not be off giving him in charge, as they were determined to do so.

MR. CLARKSON. Q. You say you believe him to be innocent; have you any other reason for believing him innocent, except from what he told you, and his taking you where Plumley was not? A. I have a better reason in finding, since the prisoner has been in custody, another 5l.-note returned to me as forged, which note was uttered by Plumley himself, previous to the prisoner's coming on the 13th—that note is now in the hands of the sergeant—I have not any great experience of the mode in which forged notes are uttered, whether by one or more persons concerned—I never saw Plumley before, and do not believe I should know him again—I know the note was passed by Plumley, by his own handwriting, his name on the back—I saw him do it on my counter—there were several parties in the parlour who knew Plumley well, and told me it was him, and gave me his name and address—they were not acquaintances of mine—I had seen them whilst I had been in the house—they were in the parlour—I have seen several of them since, nearly every night, since this indictment has bean preferred—I have not found out their names—I did not talk about this—they reminded me that Plumley was the man that uttered the note some time before; they pitied the prisoner very much—that did not have the least effect upon me in thinking that he was innocent and Plumley guilty.

MR. HUGHES. Q. Are these parties you speak of respectable tradesmen, who frequent your house, and reside in the neighbourhood? A. Yes; several of them; I know two of them to be tradesmen in the neighbour-hood.

COURT. Q. You say a person put the name of Plumley on that note? A. Yes; and "24, Peacock-street, Newington"—it was the same evening that the persons told me this was Plumley, when the party was standing there and writing his name on the note—the name of one of the tradesmen who told me so, is Lawrence—I do not know what trade he is—I believe he lives in the Wyndham-road, at least his father does, and I believe he lives with him; the other gentleman's name is Preston, he is a plumber, in the Camberwell New-road—I have not seen them here to-day; I saw one of them last night, and one the night before, at my house—I asked them if they knew Plumley—Plumley himself said, "Any one knows me about here,"

RICHARD WOOLCOCK . I keep the Windmill public house, in the Wyndhim-road, Camberwell. I have known the prisoner about eighteen months. On Sunday evening, 18th May, he came to my house between 5 and 7 o'clock—I was standing at the bar—he asked if I would give him change for a 5l. note—he was dressed the same as he is now, with the exception of his

coat and hat, and towel across his shoulder—he wad rather in a hurry—I said, "I will see Charley"—he gave me the note—I asked him who the change was for, he said, "The governor"—I said, "Which one, Charley?" for I knew there were two governors, Mr. Stacey and Mr. Stowell—he said, "For Mr. Stacey"—I went into the bar parlour, and my wife gave me the change, and I gave it to him—I believe Mr. Stowell is very well known, he is now part proprietor of the Flora Gardens—I have understood he was the informer; I do not know it as a fact—I wrote Mr. Stacey's name in the corner of the note, while I stood at the bar, before I took it away—I this is it (produced)—the prisoner took the change and went away—next evening he came again for change for another 5l. note, I think near about the same time, dressed in the same manner—I was up stairs at the time he came, and my wife called me down and asked if I could give him change; I said I would try, but I could not—the prisoner said, "My God! what shall I do!" and went away—on the following Saturday, I, Mr. Fletcher, and Mr. Martin went to the Flora Gardens, with a constable; I saw the prisoner there, and said to the constable, "That is the young man, policeman, and we give him in charge for changing three 3l. notes."

Cross-examined. Q. When he was given in charge did he say anything? A. Yes; he said, "Very well, I will go with you; I don't know anything about their being bad"—I did not hear him say anything about Plumley—I have known the prisoner about eighteen months—I always considered him a steady man; he was frequently at my house.

MR. CLARKSON. Q. Did you know him as an acquaintance of Plumley's? A. I knew Plumley as well as I knew him—I always thought him respectable—I knew he was a servant of Mr. Stowell's and Mr. Stacey's—I know nothing of him except by his conduct as a waiter at the Gardens; he has been in the habit of frequenting my house, and always conducted himself very respectably; that is my reason for saying I believed him to be a respectable young man; he paid for what he had—I only knew him by coming to my house of an evening.

COURT. Q. You said you had known Plumley the same time? A. Yes, as check taker at the Gardens, since the beginning of last winter—that was all I knew of him, he did not use my house as a regular customer, he has been in and out.

SAMUEL COPPING (police-sergeant, P 15). On Friday, 23rd May, at a quarter to 10 o'clock in the morning, Mr. Fletcher came to the station with the prisoner, and showed me a note—I said to the prisoner, "Charley, where did you get it from?"—he said, "A man named Jack Plumley gave it to me, and I got it changed"—I asked him who Jack Plumley was—he said, "He was formerly a ticket collector at the gardens; you know him?"—I said, "I may have seen him, describe him to me"—he described him as about thirty years of age, about five feet six or seven inches high, dressed in a shiney cap, and black clothes generally; and he described his features as having a scar, a shot wound, on the side of his face, as though it went right through his mouth—I looked at the note, and seeing the name of Stacey on it, I said "But I see this has got Mr. Stacey's name on it"—he said, "Yes, I only put Mr. Stacey's name on this one"—I said, "What, have you changed some more then?"—he said, "Yes," he had changed one at Mr. Martin's, and one at Mr. Woolcock's—I said, "No doubt they are all forged then; is Mr. Stacey's name on them?"—he said, "No," he had only put Mr. Stacey's name on one—I said, "Did Plumley give you anything for doing this for him?"—he said, "He gave me a shilling"—I said, "What, da you

mean 1s. for all"—he said, "No, 1s. each, and lushed us"—I do not remember his saying anything about Plumley's property.

Cross-examined. Q. Did Mr. Fletcher in the prisoner's presence say, that Plumley had told him he was coming into property?? A. No, not in the prisoner's presence, that was at Mr. Fletcher's house, afterwards—I have known the prisoner about two years—I never saw anything of him further than at these Gardens in his business—it was an understanding between Mr. Fletcher and me, and the prisoner, that morning, that the matter was to stand over for further inquiry; and they all went away from the station—I never saw him otherwise than sober and steady in his business.

MR. CHAMBERS. Q. Have you been to the Gardens?? A. I have several times, when on duty—I knew nothing whatever of him, except seeing him acting as waiter there; nor of Plumley, except seeing him act as check taker—I knew just as much of one as the other.

JOHN CORFIELD . (policeman, P 124). On Saturday, 24th May, I went with Fletcher, Woolcock, and Martin, to the Flora Gardens, to apprehend the prisoner—I charged him with uttering these notes—he said nothing at that time—I took him to Camberwell police station; the charge was there read over to him—he said that he had changed the notes, that he had received them from a man named Plumley, that Plumley had given him 1s. for changing one, and that he (Plumley) bought a handkerchief that he had round his neck with 1s. which he gave him for changing the second; for changing the third note, Plumley gave him 6d. and I think he mentioned the word lush, but I am not very certain of it.

WALTER STACEY . I am partner with Mr. Stowell, in these Gardens. I did not send the prisoner for change for a 5l. note on the 13th, 18th, or 19th May.

Cross-examined. Q. Do you know Plumley? A. Yes, he was in our employ as check taker for three weeks—I discharged him for neglecting his duty—I do not know where he is now, I should be very happy if I did—I should like it to be cleared up for the sake of all—the prisoner has been in my employ about sixteen or eighteen months—he has always been honest and sober; he has always conducted himself honestly towards me—I have no reason whatever to find fault with him.

JOSEPH BUMSTEAD . I am an inspector of notes at the Bank of England. I have examined these three notes, they are all forged in every respect, and from the same plate.

NOT GUILTY .

(There was another indictment against the prisoner, upon which no evidence was offered.)

Before Mr. Common Serjeant.

Reference Number: t18560616-662

662. JAMES BARKER and JANE VANDERSTEIN , were indicted for stealing 18 yards of ribbon, value 12s.; the goods of Elizabeth Harriett Cooper . MR. PAYNE conducted the Prosecution.

ELIZABETH HARRIETT COOPER . I am single, and keep a draper's shop at Upper Tulse Hill. On Friday afternoon, 16th May, about 5 o'clock, the female prisoner came and asked for some ribbons—I put a box before her, they were not of the right colour, and I went to get another box—in doing so I upset the former box—I picked up three pieces and the prisoner one piece, and as I was in the act of rising, I saw the prisoner put a piece under her arm, under her shawl—it was peach and white coloured, and was in paper; it had not been opened—my sister, who was on the other side of a glass door, came out and said to the prisoner, "You have a piece of ribbon

under your shawl"—she caught hold of her shawl—it came off in her hand and was left partly on the counter and partly on a chair—I caught one of her arms, my sister the other, and the ribbon fell from under her arm wrapped up in paper as she had taken it—she knelt down on the floor and implored me to forgive her for the sake of her dear children—I said that I bad been severely robbed since I had been in business, and would not—she knelt on the floor five times and begged forgiveness—I sent for a policeman—I saw a tall man standing in front of a crowd at the shop door—there were children from school there—I should not know him again, being agitated—he stayed there about five minutes—the female prisoner also took up a second piece of ribbon and put it towards her shawl, in the paper, just as my sister laid hold of her, and she then laid it down again in the box—there were two yards of that, and eighteen yards of the first piece, which was worth 12s.—this is it (produced).

Cross-examined by MR. SLEIGH. Q. How long was this young woman in the shop before this occurred? A. Not two minutes—she had only looked at one piece of ribbon, that was green, it was not the peach colour—the pieces of ribbon rolled about on the ground inside the counter—the female prisoner did not pick up this piece outside the counter—I picked it up, and in stooping to pick up some more, I saw her take it—my sister was in the parlour, but close to the prisoner—I did not call out for her to come—I did not tell the female prisoner that she was stealing my ribbon—I had not spoken to her when my sister came, I had scarcely risen—she did not lay, when I charged her, that she had no intention to steal it, but she ran to the door—she then said that she had no intention of stealing it, but was only looking at it—I said, "How came it under your arm?"—she did not say, "I am not a thief"—she put her hands together and said, "Pray forgive me, for the sake of my children."

COURT. Q. Is this one of the three pieces which you had picked up and I laid on the counter? A. Yes, I laid it on the top of the box in the paper, and she took it up and put it under her arm without looking at it.

CATHERINE ANN COOPER . I am the sister of the last witness. I was in the parlour, looking through a glass-door, and saw the female prisoner in the shop—I saw the prisoner pick up a piece of ribbon and lay it down again, and pick up another piece and put it under her arm, in the paper, without opening it, and she was in the act of picking up a second piece—she got it half way to her shawl when my sister looked up, and she put it down again—I came out, caught hold of her arm and said, "You have a piece of ribbon under your arm"—in catching hold of her, I dragged her shawl, and she ran to the door without it; my sister caught her there, as in trying to open the door she shut it—I went to my sister's assistance, and while we held her the ribbon dropped from under her arm; she said, "You have not found it on me"—my sister said, "No, but it has dropped from you"—she then knelt down and asked my sister to forgive her for the sake of her children, for she should lose her character—she knelt down several times—I had hold of her when the ribbon dropped—she had not opened the paper at all.

Cross-examined. Q. Did you see the ribbon fall from the box? A. Yes, some fell on the counter, and some under the counter—none fell outside the counter—I did not hear her say, "I am not a thief" (MR. SLEIGH here stated that he could not resist the evidence against the female prisoner.)

EDWARD ADAMS (policeman, P 181). I took the female prisoner at the prosecutrix's shop—she said, "I went in to buy, I never stole anything"—the male prisoner followed us from the shop, and as we were going along,

she said, "What do I want two policemen with me for? I suppose he is a policeman in plain clothes"—the male prisoner was within two yards of her—I was looking at her in Camberwell-lane, and in a minute I received dreadful blow on the right side of my head, which penetrated to the bone, and I saw the male prisoner run away when the female prisoner found that I did not fall, she stopped and said, "Oh, what a villain he must be is serve you like that! what a brute! I know nothing of him"—I found on her one shilling and a halfpenny.

ENMA TAYLOR . I am single, and live at Na 1, Champion-place, Tules-hill, opposite the prosecutrix's shop. On the day of this robbery I saw the male prisoner in front of the shop, walking backwards and forwards for ten or fifteen minutes, with his hand under his coat behind him—I looked into the shop, and saw the female prisoner—she came out in custody, and the male prisoner followed the constable down the road.

VANDERSTEEN— GUILTY .** Aged 20.— Confined Twelve Months.

BARKER— NOT GUILTY .

Reference Number: t18560616-663

663. JAMES BARKER was again indicted for feloniously cutting and wounding Edward Adams, with intent to prevent the lawful apprehension of Jane Vandersteen . MR. PAYNE conducted the Prosecution.

EDWARD ADAMS (policeman, P 181). (The evidence given in the last case by this witness was read over to him, to which he assented.) The blow penetrated through my hat, and through the skin to the bone—it was with something sharp, my head bled—I have been under a doctor's care ever since—this is my hat (produced).

Cross-examined by MR. LANGFORD. Q. You were taking this woman to the station? A. Yes—I looked behind me to see if any one else was there, and saw her within two yards of me, she did not speak to the prisoner—I received the blow about 150 yards after I had first seen him—he was the nearest person to me—there were also three Irish labourers there, I think they were bricklayers—I saw no one strike me—I was stunned just for minute, but the blood began to come, and then I was relieved—the Irish labourers went down the Brixton-road, and then I was followed singly by the prisoner.

HENRY WOODHOUSR . I live at No. 11, Elisabeth-place, Brixton-hill I saw Adams with the woman in custody, and the prisoner following about a couple of yards behind—there was no one else behind—I saw the prisoner strike the policeman with a handkerchief with something in it; he had it in his right hand, swung it round, and struck the policeman with it; is bled, and the prisoner ran away—I went to the station, and told a constable—two constables went with me, and we met a constable bringing then along.

Cross-examined. Q. Did you describe the man at the station who had struck the blow? A. Yes, I said that he was a tall man, dressed in black—I saw no Irish labourers—I was not following, I was standing still—I saw no one else—I have no doubt the prisoner is the man.

DAVID TAYLOR . I am a gardener, living at Surrey-place, Claphampart I was going home from work, and saw the prisoner running, and a constable after him—I stopped him, and he asked me what I stopped him for—I "What have you been up to?"—he said, "Nothing, but taking my wife away from a Bobby for shoplifting; "and asked me to let him go—I said, "Stop till he comes"—he said, Let me have another run for it"—I kept him till a constable came.

GUILTY . Aged 23.— Confined Twelve Months.

Reference Number: t18560616-664

664. FREDERICK PHILLIPS and WILLIAM JACOBS , feloniously forging and uttering a request for the delivery of 54 trusses of hay, with intent to defraud.

MR. ROBINSON conducted the Prosecution,

WILLIAM SEXTON MUTTON . I am a confectioner of Brighton, and have a farm at Rusper, near Horsham. On 5th April I advertised, offering some hay for sale, and in answer received this letter—("April 8th, 1856. Sir,—I shall feel obliged by your sending me, at the earliest opportunity, I load of clover hay, and if I approve of same on the receipt of the above, I will forward you a cheque for the amount. J. B. Arnold.")—I sent a load and a half to the Willow-walk station of the Brighten Railway, consigned to J, B. Arnold, on 17th April—previous to that I had seat Mr. Green to London to make inquiries, and had sent samples, and he made a representation to we, in consequence of which I sent up the hay—on 17th April I received this letter (Read: "Dear Sir,—I shall be down at Rusper on Thursday next about the middle of the day, when I hope to have the pleasore of seeing you. Be kind enough to let me have the clover as soon as you can. P.S. Tell me whether I shall send you a cheque, or settle with you when I come down to Rusper.")—three loads of seed had been consigned to the same person; those were the only two lots I had sent—I came up to town on 2nd May, went to No. 8, Arnold s-place, knocked at the door, but found nobody; I satisfied myself that I could not get in, and went next door and inquired—I determined still further to watch, and on 3rd May went again, between 6 and 7 o'clock in the morning—I could see that somebody had gone into the house in the night, because the curtains were in a different state—I stopped till about 11 o'clock, then rapped at the door, and saw Phillips—I asked him if Mr. Arnold was at home—he said, "No, he has gone to Brighton, he went on Thursday, and is gone for several days, I think"—he wished to know my business, but I walked away, and did not tell him—he seemed confused, came out at the door, and I turned round, and saw him looking after me down the street—I gave information at the station, and went from there to my farm—on 5th May I received this letter—(Read: "Dear Sir,—Yours I received this morning; I shall feel much obliged by your sending me all the hay you can, between now and Thursday. When I come down to Rusper, I will settle all up. Signed, J. B. Arnold.")—that was in answer to a letter which I wrote to 3, Arnold's-place, and asked Mr. Green copy—I saw it when it was copied—this is it (produced)—on 6th May I gave information to the police—I watched at the Willow-walk station with A policeman nod Mr. Green—(I had previously sent up four loads and a half of hay)—between 5 and 6 o'clock Gardner came out with a load of hay, and went on the road; he had not got far when another person came out to assist him—we kept back, to see if any man followed him—these two went on a good bit, till they got into the Kent-road, where the two prisoners joined them—they were taken into custody; Gardner was taken also, but was discharged by the Magistrate—I have not received a farthing for the hay.

Cross-examined by MR. METCALFE. Q. Where was it you saw Jacobs? how for from the station? A. do not knew whether it was Jacobs or Miller—there was one man who was let loose altogether before the Magistrate—I did not see the two men join, but the policeman did.

MR. ROBINSON. Q. Did you see these two men afterwards? A. Yes—I did not see them come up and join the others, but I saw them before we to the police station—I saw them before the policeman took them—

I saw them first by the side of the hay in the Kent-road; ten minutes walk I dare say from Arnold's-place.

ALLEN GREEN . I am bailiff to Mr. Mutton. In consequence of directions I received from him, I came up to London in April with some samples of hay, and went to Arnold's-place, Newington Butts—Phillips opened the door, and I asked him if Mr. Arnold was at home—he said, "No; he has gone down amongst some soldiers"—I asked him what Mr. Arnold was—he said, "He is a contractor to the army for clothing," and that he bought hay for them at times, kept two horses on his own account, and was a man of great business; but he knew but little of him, as he only went there to clear the house out, as he was coming in there the next Tuesday—he said that he would be at home, but not before 8 or 9 o'clock—he said nothing about Brighton—I asked him where Mr. Arnold was living at present—he said, "At Balham-mills, Clapham-road"—I could not tell whether the house was empty, but I saw no signs of it being inhabited—I left the samples and prices, and told him to tell Mr. Arnold that if he wanted any he must write to him, and I gave him one of Mr. Mutton's cards—I sent up, by Mr. Mutton's directions, a load and a half of hay, and subsequently received some letters dated from Arnold's-place—I afterwards sent up another three loads, and afterwards, by Mr. Arnold's direction, wrote this letter Booking at it)—I did not put it in the post—I subsequently went up with Mr. Mutton, and a policeman watched at the station, and saw Gardner come out with a load of hay—I followed him with Mr. Mutton.

Cross-examined by MR. TINDAL ATKINSON. Q. You were sent by your master to make inquiries? A. Yes; I did not go into the house—I made my inquiries, and thought it was all right, from what Phillips told me.

EDWARD GARDNER . I live at 20, Wellington-street, Newington-crescent, I am a cab proprietor, a beer retailer, and own a van—I know the prisoner Jacobs—I have known him four or six years, and Phillips only a short time—I had only seen him three or four times when he came to my house with Jacobs, to have a glass of ale—I did not know them by any name—about a fortnight before they were taken into custody, they came together, and Jacobs said, "I have some hay down at the Bricklayers' station, and want to know if you can draw it for me"—I said, "Yes, I can"—Phillips then said that I had better have the order—this older (produced) Jacobs gave me in Phillips's presence, and I took it to the station, got the hay, and brought it away in my van—the prisoners had told me, before I went, that they would meet me with it in the Kent-road—they met me there, and said that, if I had no objection, they would de-liver it themselves without me—I left them with it, and went home, and three or four hours afterwards, they brought the van, and Jacobs paid me—they came again a few days afterwards, and the same thing took place again, and they met me in the same way with the hay—I do not recalled the date—there were 104 trusses—they brought the van back—they came to me a third time, and gave me this order and letter—(produced)—I did not read it—I presented the order at the railway—I think I brought the letter and order away, and the hay—I met the prisoners about the middle of the Kent-road, as I was going towards the Elephant and Castle from the Bricklayers' Arms—I was taken into custody, and the man who was assisting me—we were discharged by the Magistrate—I only know one of the personers by the name of William—I do not know their surnames—I made a statement at the station with regard to who had sent me—I do not think the prisoners were present.

Cross-examined by MR. T. ATKINSON. Q. Did Jacobs give him the order? A. Yes; and he paid me—he appeared to be the managing man.

Gross-examined by MR. METCALFE. Q. Ton know nothing of this man, except that he is called William, and came as a customer to your beer-shop? A. Yes—it was to the South Coast station, Bricklayer's Arms, that I went for the hay—I am not quite certain whether I kept the last order, but I think I brought the order and letter both away, and kept them in my pocket—they knew me at the railway as having been before.

GEORGE HALL (policeman, P 164), On 6th May I watched at the Bricklayers' Arms station, and saw Gardner come out with a load of hay. He met the prisoners 400 or 500 yards off, in Swan-street, Old Kent-road, facing the Swan public-house—they walked up to the van, took a piece each, and smelt it, returned it again, and had a conversation for about two minutes, and then Gardner led the horse, and Miller walked along on the pavement—I followed them, got assistance, and, about a quarter of a mile up the New Kent-road, walked up, put my hand on both the prisoners, and told them they were charged with obtaining the hay—Phillips said, "I know nothing of it at all; I have nothing to do with it"—Jacobs made no reply—I handed him over to a constable of the N division—I found on Gardner the letter produced, but not the order; that came from the railway—Jacobs refused to give his address—Phillips gave his at No. 8, Arnold's place, Newington Butts—I went there, and found the house empty—there was only an old stool and an old broken chair there—I have made inquiries after Phillips's address—I found in his pocket the address, No. 7, Alfred-place, Union-street, St. George's-road, and went there the same night—I watched Arnold's-place from Saturday the 3rd or 4th—I first saw Phillips there on 29th April—I saw him receive a letter there on Monday morning, 5th May, and have seen him there five or six times—I looked at the post-mark on the envelope of the letter; it was "Rusper"—I found on Phillips the key of that house, and found the samples of hay there—I inquired for Balham Villas, but did not find them—I found Arnold, a butcher, on Clapham-common—I have seen him, but he is not an army clothier—it was not this man.

Cross-examined by MR. METCALFE. Q. Did you go anywhere else besides Clapham-common? A. To Balham-hill—I went all over there to inquire for Balham mills—I found no such person as Arnold at Balham-hill—I was not at Southwark police court—I do not know that there is a man now named Arnold charged with obtaining things in this very way.

JOHN FEATHERSTONE (policeman, N 250). I was with Hall when the prisoners were followed—I took Jacobs, and Hall told him he was taken for obtaining hay under false pretences—he said on the way to the station, "What does that mean?"—I said, "You have already, I think, been told by Hall, and if you wish to make further inquiries, you must wait till you get to the station house"—I searched Jacobs, and found this memorandum book; the very last entry in it is, "I. B. Arnold."

JOHN KILBY . I am a clerk to the London, Brighton, and South Coast Railway Company at the Willow-walk station. On Tuesday, 6th May, about half-past 12 o'clock, Phillips came and asked me if we had any hay for Mr. Arnold; I said that we had fifty-four trusses; he inquired if Mr. Arnold sent for it could he have it—I told him of course he could, and he left the office—Gardner came between 5 and 6 o'clock, left an order with me dated 6th May, and received the hay—he had been to receive other hay before.

Cross-examined by MR. METCALFE. Q. Did Gardner give the order to you? A. He gave it to my assistant—he is not here—I was not present.

MR. ROBINSON. Q. Did you see Gardner that evening? A. No—I have got his receipt here.

GEORGE BARKER . I am clerk to Mr. Cornell, of High-street, Newington. On 25th March I let the house, No. 8, Arnold-place, to a person named Charles Dean—I know no person named Arnold—I went to the house about three weeks after I let it, and asked if Mr. Dean was at home, the answer was, "No; but he will be in the course of the day"—I do not know the person's name that I saw there, but I think it was Phillips—I said that I had called for a deposit of 30s.—I did not get the deposit.

WILLIAM DAVIES . I know the prisoner standing on this side (Jacobs), his name is Joseph Armstrong; and I have heard that at the time he was with a gentleman he went by the name of Charles Clark, but I never heard him answer to any other name than Joseph Armstrong—I never heard him say that his name was Arnold or Jacobs.

Cross-examined by MR. T. ATKINSON. Q. What are you? A. A cab proprietor, and live in Clerkenwell—he is not a companion of mine.

COURT to E. GARDNER Q. Did you show the order at the station the third time? A. Yes; I am certain of that.

MR. METCALFE. Q. Do you recollect to whom you showed it? A. To the young man who was in the witness box a little while ago.

MR. METCALFE, for Philips, contended, that as the hay stood in the name of Arnold at the railway, if Phillips had procured that it should be there in that name, he had a right to issue an order for it in that name. THE COURT considered that if the Jury were of opinion that it was a fictitious name, and used for the purpose of obtaining the hay, the indictment would be sustained.

JACOBS GUILTY of uttering.* —Four Years Penal Servitude.

PHILIPS GUILTY of uttering. (He was also further charged with having been before convicted.)

MARTHA MARY CLARE . I produce a certificate—(Read: "Central Criminal Court—Francis Agustia, convicted of bigamy, Feb., 1850, having then been before convicted— Confined two years")—I was present—Phillips is the party.

GUILTY.— Four Years Penal Servitude.

Reference Number: t18560616-665

665. ANN WILLIAMSON , stealing 1 watch, 1 chain, and 1 eye glass, value 15l. the goods of William Wood, in his dwelling house.

SUSANNAH PLIMPTON BISHOP . I am a widow, living at No. 40, Newington-place. On 29th May, the prisoner came to my house—she asked for apartments for her nephew—it was about 12 o'clock—side said he would come and look at them himself, in the evening—she came again in the evening and said he would not be able to come then, because he was going to the illuminations, and he would come the next day—she came again the next day, and said she would wait till his aunt came to see the apartment—I left her and went out, as I had an engagement—I left her in the front room—I left in the second floor front room my mother's watch and chain, and gold eye glasses—I went out and left her—I am quite sure it is her.

JANE WOOD . I have seen the prisoner at my daughter's house—I saw her both times—I remember, my daughter leaving the room—the prisoner said she should like to see some other apartments—I did not go with her, but I asked Miss Chessman to go up with her to see the apartments, and after they had left me, Miss Chessman came back alone to me—she staid

with me about two or three minutes and then went away, and I went with her, and we found the prisoner in the passage, at the bottom of the stain, coming from the second to the first floor—the prisoner came into the parlour and said she would not stop any longer for her aunt, and she went away—I went up stairs and missed the watch and chain and eye glasses—I had seen them a short time before—I came down stairs.

MARY CHESSMAN . I was staying with Mrs. Wood on the 29th of last mouth—I was in the next room when the prisoner came there—I went with the prisoner to see some other rooms—I went with her to the first floor—she said she wanted to see some other apartments, and before I could say that she could not go up to the second floor, she was up there, and she tried the handle of the door and told me to go down and ask Mrs. Wood to let her see some other apartments—I am quite sure she is the person.

ALFRED WAKEFIELD (policeman). The prisoner was given into my custody on 9th June, by Mrs. Bishop—I wag returning to her house and she pointed the prisoner out to me—the prisoner kept looking round until she had heard her give her into custody and then ran away, up Queen's Bench-walk—I took her into custody in Queen's Bench Prison—she said she wanted to see a friend—I said, "A lady down stairs wishes to give you in charge for stealing a gold watch and chain and glasses."

SUSANNAH PLIMPTON BISHOP re-examined. I was returning from the railway, saw the prisoner, and gave her into custody—when she came to my apartments she said she was a wax flower worker—she appeared to be more respectable than she now does, she had on a black satin dress.

GUILTY .

(The prisoner was further Charged that having been before convicted.)

THOMAS PROCTOR (policeman). I produce a certificate—(read: "Surrey, May, 1855, Mary Ann Hickey, Convicted of larceny—Confined six months)—the prisoner is the person.

GUILTY Confined Twelve Months.

(There were four other indictments against the prisoner).

Reference Number: t18560616-666

666. JAMES PAGE , unlawfully uttering counterfeit coin: to which he

PLEADED GUILTY . Aged 19.— Confined Six Months.

Reference Number: t18560616-667

667. WILLIAM SHELLIS was indicted for a like offence: to which he PLEADED GUILTY . Aged 20.— Confined Six Months.

Before Mr. Recorder.

Reference Number: t18560616-668

668. JAMES ROGERS, JOHN CHARLES KEELING, THOMAS COXHILL , and JOSEPH HART , burglariously breaking and entering the dwelling house of William David Butler and another, and stealing therein 1 pair of sugar tongs, 2 spoons, 35 shawls, 36 postage stamps, and other goods, value 114l.; their properly.

MESSRS. ROBINSON and W.J. PAYNE conducted the Prosecution.

WILLIAM DAVID BUTLER . I live at No. 3, Walcot-terrace, Old Kent-road, Camberwell—I am a draper and in partnership with my brother John George Butler—on the night of Thursday, 15th May, I sad my brother went to bed at 11 o'clock—before I went to bed, I went over the house—the doors were all bolted and the house was quite safe—on the following morning I was roused about a quarter before 6 o'clock—I went into the front passage and saw two packages of goods which had been in the shop the night before, and had been taken out of the shop—the door that leads into the shop from the passage had been broken open—the street door was open, and the policemen standing there—the back door was broken open, the bolts were forced off, and the bar that went across the door—the door

was very much knocked about—it opens into the garden which goes down to the mews—a wall separates the garden from the mews—from the mews you can get over the wall to ray garden—I missed a great many goods from the shop—mantles, shawls, Irish linens, Cobourg cloths, and Circassian cloth, a pair of sugar tongs, and two silver spoons, from the cupboard in the dining room, and thirty-six postage stamps from the desk in the shop—I had seen them safe the day before—they had come to me in a letter from a lady, and she had wetted one of the stamps that it might not fall out—the stamps were all together—I wetted the back of the paper, to prevent tearing the stamp, in consequence of that a part of the postage stamp stuck to the paper—some stamps were afterwards shown to me by the police—I have here the piece of the letter to which the stamp stuck—this is the stamp that stuck to it—it fits the place—the value of the goods we lost was about 120l.

Cross-examined by MR. LILLEY. Q. Who were up last? A. My brother and I—we both went to bed together about 11 o'clock—we had gone round the house to see that all was secure, I am certain the place was secure.

Cross-examined by MR. LAWRENCE. Q. You lost thirty-six stamps? A. Yes; I received them the day before—we had not used any, we took them out of the letter, and put them into the desk—I saw them the afternoon previous—the desk was not locked—this letter was on the desk, not in it, and in the morning I found the letter on it—there were a good many things in the desk; some writing paper and one or two pens—I am not aware that I lost anything from the desk but the postage stamps—there was nothing of any value in the desk—it was in the back part of the shop.

JANE ELIZA SHARPE . I was servant to the prosecutors. On the night of 15th May I went to bed a little past 11 o'clock—I came down next morning a few minutes before 6 o'clock, when the policeman rang the bell—I found the shop door open—I called my master.

Cross-examined by MR. LILLEY. Q. How do you know that it was a few minutes before 6 o'clock? A. The factory bell rang a few minutes after—that rings at 6 o'clock—I went to call master, and then I went into the kitchen.

MART SORRELL . I am the wife of John Sorrell. I live in Alexander-street, Old Kent-road—on Friday morning, 16th May, I was going to my work, about 5 o'clock—I know a public house called the Turk's Head—that and the Kentish Drovers face one another on the Greenwich side of the canal bridge—I know Mr. Butler's house—there are two more shops and the gas factory besides Mr. Butler's before you get to the canal bridge—the Turk's Head is on the same side as Mr. Butler's, only lower down—I was coming towards London—when I came out of Alexander-street, I saw two men walking towards the Turk's Head, on the left hand side of the Old Kent-road—I stopped for a moment to look at them—I thought they were gentlemen waiting for the Canterbury mail—they crossed over to the right hand side; to my side—they had been going towards Greenwich, and they turned back and went on my side in front of me—I followed them up—they went on to the front of Mr. Butler's house; they stopped, and I stopped—I do not know who those two men were that were walking—I do not see them here to-day, not to know them—I cannot say that any of the men at the bar were the two men that were walking—when they got to the front of Mr. Butler's I saw a cab come from Greenwich way; it was empty, and it passed on; then another cab came up very fast; there

were two men in it beside the driver—I recognise the prisoner Rogers—he was in the cab with his arm on the right side of it, and his head partly out of the window—the cab came on the same side' that I was on, Mr. Butler's side—the two men that were walking, hailed it, and it came up to the kerb, and it stopped—Rogers got out, and another man with a brown coat on and hanging sleeves—I do not recognise that other man, because I did not see his face—the other two that were walking, went into the passage of Mr. Butler's house, and fetched out the first bundle; it was a very large bundle, tied in a blue knotted counterpane—they put that into the cab—then Rogers and the other man went into the passage and brought out another bundle, tied in a green table cover, with a flower in the middle—as they were bringing it along, a bundle of long-cloth fell out of it, and they kicked that with their feet to the cab—they then picked it up, and the door was shut, and the cab drove away—I did not notice what was done with the street door—the men then linked themselves in one another's arms, and all walked away over the bridge—none of them went in the cab—they were coming towards London—I spoke to a policeman, and went back with him to Mr. Butler's—the men had been quite close to me—I could look in the passage, and see several more bundles—I met the policeman on the bridge—I did not mend my pace—I afterwards went to the station—I saw the prisoner Rogers there, and Keeling.

COURT. Q. Was Keeling dressed like the other man that you had seen in the cab? A. He was; and he was about the same height; but I did not see his face—I could not swear to him.

Gross-examined by MR. LILLEY. Q. What is your occupation? A. I work in a laundry—I begin work at, 6 o'clock, but I have a great deal to do before that, in getting ready—I have worked at No. 13, Edward's-place, for twelve years—at 5 o'clock in the morning, at this time of the year, it is broad daylight—I was standing near Mr. Butler's door—when the second cab came up Rogers' right arm was outside, and his head was out of the window—I do not know whether he saw me—I looked at him—I should think I was near enough to the four men for them to see me—I was close to them—I did not see any one else on the footpath—I did not see any one but myself going to work—I met the policeman coming over the bridge in foil force; he was nearly running—I went to the station in the forenoon of the same day—if you stand at the Shard Arms you can see the Turk's Head—I do not know whether you can see the Kentish Drovers, it stands a little back.

Cross-examined by MR. LAWRENCE. Q. You say the other man in the cab had a brown coat on, and hanging sleeves; have you ever said that before? A. I have.

Cross-examined by MR. MACENTEER. Q. You say there were two men before, and they hailed the cab? A. Yes; and then the man drove over to them, and stopped his cab.

JEREMY BOARD . I am a butcher; and live in St. James-place, Old Kent-road. I was in the Kent-road, on the morning of 16th May—I was driving to Newgate-market—some little distance before I got to Mr. Butler's I saw two men standing, perhaps four or five yards from his private door, on the same side of the way—they were standing near the door when I passed—I saw a cab come up, when I was some little distance from the door—I was before the cob, and I turned round to look at it—the cab came up, and there were some goods brought out of the house by four men—I was driving on at a walking pace after I passed the door—I had been trotting

but I pulled up before I came to the men, and drove by them at a foot pace—I recognise the prisoner Keeling as one of the men—I saw him Ald and assist, by bringing the things out, with three other men—I do not recognise any of the others.

COURT. Q. Was Keeling one of the two that you saw near the door before the cab drew up? A. Yes; I went on, and on the other side of the bridge I met the policeman, nearly 300 yards off—he went towards Mr. Butlers, and I went on to my business—the cab had not passed me.

Cross-examined by MR. LAWRENCE. Q. Were you before the Magistrate with the other witnesses? A. I was; on the Tuesday, not on the first day—I was cross-examined—these men were all strangers to me—I had never scan them before to the best of my belief—I was driving at a full pace, but when I saw the two men I suspected something, and pulled up, and went at a walking pace—I passed the men, and looked at them, and they at me—they were standing some little distance from Mr. Butler's door—I saw four men afterwards, and the cowman made five—I do not pretend to speak to any one here to-day but Keeling—this was nearly half past 5 o'clock in the morning—I gave the same statement before the Magistrate that I have here to-day.

COURT. Q. Keeling was one of the two that you saw standing four or five yards from the door? A. Yes; and I believe the other was Rogers—those two were standing there before the cab came up—I saw the cab come up—I saw Keeling, and I believe Rogers was the other man that was standing at the door before the cab came up, but I cannot speak positively—I only saw one cab—I did not see any one get out of that cab—the cab drew up on the side opposite Mr. Butler's—the man who was with Keeling had an overcoat on—I did not take notice of the colour of it.

JOHN WILLIAM SAWARD (policeman, M 120). I was on duty in the Old Kent-road on Friday morning, 16th May—the last witness net me about 20 minutes after 5 o'clock; and, in consequence of what he said, I went towards Mr. Butler's—I went to the turning of the New-road—I did not go over the bridge—T turned and went into Marlborough-road, and into Gloucester-road—going down the Rotherhithe-road leads to Gloucester-road—in Gloucester-road I saw a cab going towards London at a walking pace—I saw four men on the foot path, walking by the side of it—I ran after them to overtake them—they turned round and saw me, and they all ran away—I saw the cab driver whip his horse, and he went the same way the men did, towards London—I followed them, but they were too fast for me, and got out of my sight—I came into the Kent-road, and two men, the prisoners Rogers and Keeling, were pointed out to me by a milkman, George Charles Fever—they were walking arm-in-arm on the foot path towards London—I stopped them, and one of them asked me what was the matter—I could not answer them, as I was very much out of breath—when I got my breath, I asked them what they had done with the cab—they said they had not had one—I called two brother constables across the road, and we all went to the station—I left the prisoners there, and I went to Mr. Butler's—I there saw Mrs. Sorrell—I took her back to the station with me, and in my presence she pointed out Rogers, and said that was the man that she saw in the cab—I searched Rogers, and found on him 12s. 6d. in silver, three keys on a ring, a pair of gloves, and a pocket handkerchief—I found on Keeling 5s. in silver, and 3s. worth of postage stamps; these are them—I went back to Mr. Butler's, and examined the back door—it was broken right off the hinges and the bolts and the bar—I went into the back

garuen and found footsteps in the back garden, and in the next garden leading to the back door of Mr. Butler's—I took the boots off the feet of Rogers and Keeling, and made a comparison with those boots to the footmarks—the marks corresponded with both their boots—these are them.

Cross-examined oy MR. LILLEY. Q. There are no nails in either of those boots, nor any tips on the heels? A. No—the New-road comes into the Kent-road—one turning comes near the Green Man turnpike—it is nearly three quarters of a mile from the canal bridge—I saw four men in the Gloucester-road, and when some persons were pointed out to me they were in the Kent-road, about half a mile from the place in the Gloucester-road where some men ran off.

Cross-examined by MR. LAWRENCE. Q. The question you put to them was, "What have you done with the cab?"A. Yes, and they said they had no can—Keeling was searched, and these stamps were found in one of his trowsers pockets—I made the comparison of the boots the same morning about 8 o'clock—it was a finish morning, but there had been rain the night before—Sergeant Coppin was with me.

Cross-examined by MR. CARTER. Q. How near were you to the men in Gloucester-road? A. About a quarter of a mile off—I could not see the men nor the cab; but when I ran after them the men turned round and saw me—I saw no one else about—I hallooed out as I went along, "Stop can!"

COURT. Q. What is your notion of a quarter of a mile—what is the length of the Old Bailey, from Ludgate-hill to Newgate-street? A. I do not know—it was quite as far as that, or rather further, where I saw the men—I had not began to call or raise an alarm before the men moved faster—I was able to see that the horse was walking—I should say that while I was running I could swear whether the horse was trotting or walking—I called, "Stop cab!" I for the cabman to stop himself—I cannot tell whether those men did not call to the cabman—I could not see the cab man, nor the number of the cab—I had not seen any cab in the Kent-road—there are houses between the Kent-road and the Gloucester-road.

MR. ROBINSON. Q. You say the four men were walking and the cab was going the same pace as the men? A. Yes—the caiman must have known of these men running away; they were at the side of the cab.

COURT. Q. Do you Know that neighbourhood well? A. Yes—the Rotherhithe-road goes across the Old Kent-road down to Rotherhithe—by turning to the left you get back to the Kent-road—I was a quarter of a mile from these men when I saw them turn round and run away—I had been running from the time I started—from the time I saw them to the Kent-road was half a mile, for me, they had to run about a quarter of a mile—I went by the Greyhound-road—the cab went by the Gloucester-road, and turned into the Greyhound-road, much the same way as the men ran.

JURY. Q. When you saw the two men, and took them, was the cab in sight? A. No; it was out of sight.

COURT. Q. How did you make the comparison with the boots? A. I put them by the side, and then into the foot marks—I placed them by the side of some of them, and then put them in—I made an impression by the side with some of them before I put them in the marks.

GEORGE CHARLES FEVER . I am a cow keeper, and live at No, 8, Upper Grange-road. On the morning of 16th May I saw four men and a cab between

5 and 6 o'clock in Gloucester-road going towards the Greyhound-bridge—the cab was going as fast as the horse could gallop—the four men were behind the cab walking rather sharp—they passed on the opposite side to me—I noticed them, and asked them if the cab had run away from them, but they made no answer—Rogers and Keeling are two of the four men that I saw walking—they went on past me towards the Kent-road—the policeman soon after came up, and asked me if I had seen four men and a cab—I said, "Yes"—I turned round with the policeman, and went into the Old Kent-road—when I got there I saw Rogers and Keeling in the Old Kent-road—I pointed them out to the policeman, and he took them.

Cross-examined by MR. LILLEY. Q. Which way were you coming? A. Over the Greyhound-bridge—I was not in the Gloucester-road—the men I saw, were walking rather sharp—they went up the Greyhound-road, which leads into the Kent-road—I did not lose sight of them—I was on the Greyhound-bridge, and they came up the Gloucester-road—when they got to the corner they turned to the right, towards London—I was at the corner—they passed me as I was going along—I was at the comer of the Greyhound-bridge, just come off the bridge—I stopped at the corner—the men had passed me soon after they came out of Gloucester-road on the opposite side of the way—I had never seen any of those men before.

COURT. Q. You remained on the bridge? A. I stopped on the bridge, and saw the cab come up—when I got to the corner of the Green Man I stopped at the corner—I turned and followed them up to the Green Man—it was my business to go there—I never lost sight of them—I was 100 yards from them when they turned at the corner.

JOHN POULTENY . I am toll collector at the toll gate in Rotherhithe New-road. That road leads into the Kent-road—I recollect a cab coming through that gate on Friday morning, the 16th May—it was from twenty minutes to a quarter before 6 o'clock—I should think it was going from ten to twelve miles an hour—it was coming from the Kent-road down towards the Greyhound-road and Gloucester-road—I did not see any one in it—the toll at the gate was 4d.—the driver chucked down a shilling, and never stopped for the change.

Cross-examined by MR. MACENTEER. Q. Were the windows open? A. I cannot tell—I did not see any one in the cab—it is the case that persons sometimes go through, and throw down more than the toll, and call again for it—when they are in great haste they may throw down money, and, is they return, ask for their change.

COURT. Q. How often does that happen? A. Two or three times at my present gate—I thought they were behind time, and were going to take up—my gate does not clear the Green Man gate; it is another trust.

WILLIAM SAMPSON (policeman, P 87). On Friday morning, 16th May, I was on duty, passing down the Kent-road, about 10 minutes past 4 o'clock—I saw a cab about 150 yards from Mr. Butler's shop, on the opposite side—it was standing by the side of the road, and the cowman was rubbing the horse's legs—I spoke to him, and asked him if he was not early for a fare that morning—he said he had just set down one—I asked him where—if he made any answer I did not hear it—he stepped on his driving box, and drove towards town—the driver was the prisoner Coxhill—as he was going away, I took the number of his cab; it was No. 1134—when I spoke to him previous to the robbery, he had a pair of dark bushy whiskers on—when I saw him in the cell, on the Tuesday following, he was minus the whiskers, and his hair had been cut, I believe—the whiskers were altogether off—I

should say the conversation lasted two minutes—daring that time I had an opportunity of noticing his features—when I saw him in the cell he was with two others—no one pointed him out to me—the door was open, and the gaoler said, "Now, my lads, stand up"—I said, "That will do"—one of them was Coxhill—notwithstanding his whiskers were taken off, I saw enough of him to know he was the person.

Cross-examined by MR. MACENTEER. Q. What hour was it you saw him? A. About 10 minutes past 4 o'clock—he said he had just set down a fare—he had more whiskers than I have—they came a little under his chin—I believe he had no mustachios.

COURT. Q. He looked very different when you saw him in the cell? A. Yes—I did not abstain from saying anything because I had any doubt—I had no doubt in the least—I am quite satisfied he is the man—I thought it was not prudent to say anything before the gaoler or him—I did not say it till I got before the Magistrate—when the cab drove off, I watched it till it got over the canal bridge; then it was out of my sight.

JAMES THOMPSON . I live at No. 15, James-street, Kent-road. On Friday morning, 16th May, about 25 minutes before 6 o'clock, I saw a cab between the Half-way House and the canal bridge—it was about 100 yards below Mr. Butler's, and was nearer to Greenwich—it was on the opposite side to Mr. Butler's—it was going on walking—it went across the road, and drew up opposite Mr. Butler's door—I saw one person standing close to Mr. Butler's—he opened the door of the cab, and immediately three men came from Mr. Butler's door, with bundles, and pushed them into the cab—one parcel fell from one of the bundles, and one of the men picked it up, and threw it in at the window of the door—the door was shut at the time, and the cowman drove off over the canal bridge—the men went the same way as the cab did, three on one side of the road, and one on the opposite side.

COURT. Q. How far were you off? A. 150 yards at first, but I had got within 100 yards when the cab started—I took the number of the cab; it was 1134—I could not see who the men were—I did not meet any cab—it was in front of me—I was walking on the same side as Mr. Butler's.

STEPHEN BOOTH (policeman, P 348). On the morning of 16th May, I was on duty in the Old Kent-road—about 25 minutes before 6 o'clock, I saw a cab, No. 1134—I was past the Green Man-gate—it was coming from the Greyhound-bridge to the Old Kent-road—it came through the gate, and did not stop to pay the gate—I did not see any one in cab—the toll man ran after the cab, and the cab man turned and said something to him, but I could not hear what it was—when he got through the gate he drove off faster, and the toll gate keeper came back to the toll gate—I saw four men running in the same direction as the cab came from—I saw them coming from the Gloucester-road—they were all four running, two of them were Rogers and Keeling—they ran till they got about twenty yards along the Kent-road, and then Rogers and Keeling took hold of each others arms and walked quietly up the road on the pavement, coming towards London—the other two that had been in company with them turned across the Kent-road, and went down King-street—I do not recognise those two.

Cross-examined by MR. LILLEY. Q. Where were you standing? A. Bight opposite the Green Man-gate—I suppose I remained standing there for two minutes, till those four men got into the Kent-road—I saw Saward, but I was a little distance from the Green Man when I saw him—I was on the same side—the opposite side to the Gloucester road—I saw the two men

taken into custody, not a quarter of a mile from the Green Man; I should think 300 or 400 yards—I had never seen either of them before.

Cross-examined by MR. LAWRENCE. Q. How far were you off when you saw these men running? A. I should think sixty or seventy yards from where I was standing—I should think it was not so much as 100 yards, I could not say exactly—I never took my eyes off Rogers and Keeling from the time I first saw them coming towards me till they were taken.

Cross-examined by MR. MACENTEER. Q. How far were you from the gate? A. Nearly close to it—I did not see any one in the cab—the toll man never made any complaint to me—he seemed satisfied with the answer the man gave him.

COURT. Q. How near did the cab pass to you? A. It might be ten or twelve yards, on the opposite side of the road—I saw the other two men as well as I saw those two—I cannot recognise any but Rogers and Keeling—I did not see the other two well enough to be able to say that Hart was not one of the other two—he might have been one of them, but I cannot say that he was.

CUTHBERT RODHAM . I live in Emery-place, Upper King-street, Old Kent-road. On Friday morning, 16th May, I was coming along Upper King-street, about half past 5 o'clock—I saw two men running towards me, to meet me; they came from the Old Kent-road, in a direction from the Green Man-gate—Hart was one of the men—as soon as I got near the end, the constable, Saward, was running from the direction of the Green Man-gate—I ran with him after Rogers and Keeling, and he took them—I after-wards saw the men at the cell in the police station, about 27th May—there were eight or nine other persons in the cell; the door was open—they asked me if I knew anyone that was there—I said, "Yes," there was one that I had seen taken into custody—that was Keeling—before I came out of the door, I noticed that Bogers was there—I saw Hart—I did not point out Hart in the cell, he was brought out—it was rather dark—I noticed that the men I saw had brown coats on, like shooting jackets, and the flaps of the pockets were a little larger than we generally have them—I do not recollect that I saw Hart in the cell—there were so many.

COURT. Q. When you went into the cell, who did you go to look for? A. To see if I could identify any of them—I went to identify Hart, I did not see him in the cell.

MR. W. J. PAYNE. Q. Where did you see Hart? A. They brought eight or nine men into a waiting room, Rogers and Keeling were amongst them—when they got into the, light the constable asked me if I could pick out the third that I had seen before, and I pointed out Hart—I said, "That is the one that I met in King-street"—he was dressed in the coat that I saw him in in King-street that morning—I have no doubt at all about his being the man.

Cross-examined by MR. PAYNE. Q. Did you not say that Hart was one, you believed; have you ever before expressed any opinion, beyond a belief? A. I have said that he was the man—I will swear positively that he is the man—I have before sworn he was the man—I have not said over and over again that I would not swear positively that he is the man—I took particular notice of the large flaps of his pockets—I went with the constables after the other two men—I had never seen Hart before, and I did not point him out in the cell.

JOHN CHUTER (policeman, A 501). On Friday morning, 16th May, I

was coming up the Old Kent-road, about a quarter before 5 o'clock—I saw Rogers, Keeling, and Hart, and another man with them, who is not in custody—they were going in the direction of Greenwich—I met them about 100 yards from Mr. Butler's house, on the other side of the way, and on the Greenwich side of the bridge—they appeared very warm as though they had been walking fast—Rogers took his hat off, and wiped his face with his handkerchief when he passed me—I looked at all of them—there was a similarity of dress between Keeling and Hart—I stood and looked at them, and compared them together—I thought they were brothers—before I saw the prisoners, I saw a cab standing at the corner of the Crown and Anchor public house, the No. of it was 1134—there was no driver with it then—on Tuesday morning, the 20th I saw Rogers and Keeling at the Lambeth Police Court, as prisoners in the dock, and on Monday 26th, I saw Hart at Lock's Fields Police Station—he was standing in the station in company with two constables, no other prisoners—he is the man I saw that morning.

Cross-examined by MR. PAYNE. Q. Was Hart and the man who is not here, on one side of the road, and Rogers and Keeling on the other? A. Yes; it was after Rogers took off his hat, I looked over the road—I was on the same aide as Rogers and Keeling.

Cross-examined by MR. LILLEY. Q. Had you ever seen either of these men before? A. Never—I did not notice what waft the colour of the pocket handkerchief with which Rogers wiped his face.

HENRY BINGHAM (police sergeant, E 6). I took Hart into custody on Monday, 26th May, in Francis-street, Tottenham-court-road—I told him I wanted him on suspicion of being concerned with three others in committing a burglary on the other side of the water—he said, "Who are you?"—I was in plain clothes—I told him I was a constable, and I said, "You know me very well"—he asked where I was going to take him—I told him I was going to take him to Walworth, but I should first take him to Broad-street station—he was taken to Walworth, and there he said he knew nothing about it—I knew him before, and I knew Rogers and Keeling—I have seen them together.

JAMES COPPIN (police sergeant, P 15). From information, I took Coxhill into custody—I went on the morning of 17th May to No. 21, South-wharf-road, Paddington—I told Coxhill I came to speak to him—he invited me to his room—I said I was come to speak to him about that affair yesterday morning—he said "You mean down the Old Kent-road"—I said, "Yes, I do, I want to know where you took those parcels to"—he said, "Oh! I thought you was one of the gentlemen"—I said, "No, I am not, I am a policeman, and I want you to show me what you have done with them, and come along with me"—he put his coat on, and said he would show me—he took me to Drummond-street, Buston-square, and he said that a gentleman took them out of his cab, and took them down a street which he would show me—he took me to the corner of Whittlebury street and Drummond-street, which leads down to the railway station—he pointed to the kerb and said, "This is where they left me, and went down there"—I made inquiries, and kept him with me all the time—I then told him I could not believe his statement, and I should take him to the station—I took him to the station, and from there to Walworth station—T there said, "You are charged with being concerned with two men in custody, and two men not in custody, in committing a burglary in Mr. Butler's house, in the Old Kent-road yesterday morning"—he said, "You cannot say that I am concerned any more than taking the things away in my cab"—I had been looking for Hart,

but was not able to find him—I did not know him personally myself—they sent for me to the station when Hart was taken.

Cross-examined by MR. M'ENTEER, Q. When you went to Coxhill you were in private clothes, and the reply he made was, "I thought you were one of the gentlemen?" A. Yes—he took me to a street near Euston-square—on my way to the station, I told him what the toll collector had said about the shilling being thrown down—he said, "Yes, the gentleman inside gave it me, and told me not to mind the change"—I said, "The other toll collector says you would not stop to pay at ail"—he said, "No, the gentleman told me to make haste."

COURT. Q. At the time you went to Paddington what was the state of his whiskers? A. The same as they are now, but I had had him described to me as a man with large whiskers.

(John Graham, a draper, and Robert Hill, a cabinet maker, Cambridge-place, gave Coxhill, a good character.)

ROGERS— GUILTY . Aged 29.

KEELING— GUILTY . Aged 22.— —Six Years Penal Servitude.

COXHILL— GUILTY . Aged 33.— Four Years Penal Servitude.

HART— GUILTY . Aged 22.

(Hart and Rogers were further charged with having been before convicted.)

HENRY BINGHAM re-examined. I produce a certificate—(Read: "At Clerkenwell, Jan. 7th, 1853, James Sullivan was convicted of stealing a shawl, and other articles, and ordered to be confined for twelve months")—I was present, Hart is the man that was tried.

WILLIAM GOSLING (policeman, S 339). I produce a certificate—(Read: "Westminster Sessions, Nov., 1853, Thomas Munday was convicted, on his own confession, of stealing money, and ordered to be confined eighteen month")—I was present, Rogers is the man who was then tried.

ROGERS—GUILTY.— Transported for Fourteen Years.

HART—GUILTY.— Six Years Penal Servitude.

Reference Number: t18560616-669

669. BENJAMIN COOPER and THOMAS NEWELL , burglariously breaking and entering the dwelling house of Henry Roberts, on 16th June, at Camberwell; with intent to steal: to which

COOPER PLEADED GUILTY . Aged 17.

NEWELL PLEADED GUILTY . Aged 16.

Confined Twelve Months

Reference Number: t18560616-670

670. CHARLES CHRISTIAN MOLLER and WILLIAM FOSTER , feloniously making upon a copper plate a promissory note for the payment of money, purporting to be a note of the Malare Provinces' Private Bank, recognised by Oscar, King of Sweden.

MESSRS. BODKIN and SLEIGH conducted the Prosecution.

CHARLES MORRISH . I am an engraver, of No. 50, Oakley-street, Lambeth, About 29th April, Foster called on me and showed me a foreign bank note, and asked me if it was possible to copy it—I told him it was quite possible—he wanted to know the expense—I asked him if he wanted it on steel or copper—he asked if there would be any difference in the expense—I said that it would depend entirely on the number of copies they might with struck off—he said that he was not sure how many, but he imagined they would require about 8,000—I told him the expense would be 4l. for engraving—he said that it was not for himself, he had other parties to show it to, and he could not give me an answer then, but would call again—he called on 2nd May and showed me another note, that was not like the

former; he asked me if that would be more difficult and more expense—I told him, "Yes," and that I should expect 8l. for doing that—he said that he had had an estimate from Mr. Austin, of Bartlett's-buildings, Holborn, who had offered to do it for 3l. 10s.—I then said that I would do it for three guineas—this (produced) is the note to which he referred, he took it away in that occasion, and I think both prisoners called on me on the 6th—they produced the note again, gave me the order, produced a blank copper plate, and gave me the order to go on with it, to engrave a face simile—Foster gave me two sovereigns and a half in the shop, for which I gave him a memorandum—Holler was then outside, and Foster told me not to take notice of the money transaction before the other, as he did not want him to know the terms—he then called Holier into the shop, and said that we had made the arrangement; he pointed to the note and said that it must be exactly like it—one of them asked me what time it would be, and I said, "Ten or twelve days"—Foster said that he should look in occasionally as he passed, to see the progress of the work—the name of Hughes and Kimber, of Shoe-lane, is stamped upon the plate as the makers of it—I communicated on that very day with the solicitors for the prosecution, and subsequently with the Swedish Consul—on 12th May, the prisoners called to see the progress of the work, but I told them I had nothing to show them—on the evening of the 15th, they came again together, and asked what progress I had made in the work—I showed them the plate, of which I had done a small portion—Foster, on that occasion, showed me a piece of plate paper, and Holier asked me if I knew what make it was, whether it was English or foreign, he said that he rather thought it was Dutch make—I think Foster came alone, early on the morning of the 17th, the day the plate was to be completed—I said that it would not be ready till the following Wednesday, the 21st—on the 21st Foster called, and I told him that I had no doubt that the plate was completed, that it was at the machine rulers, but I had a proof or two unfinished—he said that he had another party to show them to, and took them away—in about an hour both prisoners came, and Foster said, "I have now brought the gentleman with me"—that was Holler—these (produced) are the two impressions; Foster produced them, and showed me that I had omitted putting two dots over the first a in the word Malare, and that if I looked at the original I should see it—I said that the note was with the plate at the machine ruler's, bat I could alter it—I said that I should have a sovereign to pay to the machine ruler, and no doubt they could have it complete in two hours—Moller paid me a sovereign, and asked me whether I was busy—I said that I was that week, but the following week I should have very little or nothing to do—he said that he could be able to give me another job—the plate produced in the one I engraved by their direction, and the impressions taken from it are what I gave to Foster.

Cross-examined by MR. ROBINSON. Q. How do you know that this is the Dote? A. I think you will find my initials at the back of it—you may consider this a very clumsy imitation, I did it in a hurry, I knew that it was not to go through the hands of a banker—it pleased my customers, they said that it was very good—I did it as speedily as possible—it is not done nearly as well as the original—I engraved every stroke of it with my own hand.

CHARLES AUSTIN . I am a copper-plate printer of Bartlett's-building. In April last two persons came to me—the prisoners resemble them, but I cannot be positive—I believe they are the men—they produced a foreign

note, and asked me what I would engrave a face simile of it for—I said that I would do it for 3l. 10s.—they also produced a copper plate on which they wished it engraved—I did not notice it at the time, but afterwards I noticed the name of Hughes and Kimber on it—there is no other engraver or printer in Bartlett's-buildings besides myself.

Cross-examined. Q. You did not recognise them before the magistrate? A. No; I did not swear to them, and I never mean to—I say just the same now as then.

COURT. Q. Do I understand you to say, that looking at these two men, though unable to swear to them, you believe they are the men that came into your shop? A. I believe they are, but only from my ideas of the note which was shown to me—the men only came once.

Q. Have you any recollection of the men so as to form a belief? A. Well, I believe one to be a foreigner, that is all.

WILLIAM TOOVEY ASHFFELD . I am a printer, of No. 6, Church-street, Lambeth. On 16th May the prisoners called on me, produced a note, and asked me what I should charge to print 1,000, something similar to that—I (MR. ROBINSON objected to this evidence, as not being part of the case of forgery. MR. BODKIN stated, that he considered it of little importance, and would rather waive it than discuss it.)

JAMES STANGE (policeman, L 89). I was employed to watch Mr. Morrish's house, and on 12th May went there in plain clothes, and saw the prisoners within a yard or two of the door about 11 o'clock in the morning—they both went in together, and in six or seven minutes came out together, and went down Oakley-street into the Westminster-road, and over Westminster-bridge, where I lost sight of them—they were together all the while they were under my observation—I had orders to follow them—I lost sight of them in a very peculiar place—there is a court there, and I did not wish them to see that I was following them—on 15th I was at Mr. Morrish's again, and Foster came at about half-past six o'clock in the evening—I followed him over Blackfriars-bridge to Devonshire-street, Queen-square, Holborn—I did not see him go into a house, but I had a boy with me who did—on 21st May I was at Mr. Morrish's again, and about 1 o'clock Foster entered the shop—he was there about five or six minutes, and I saw him come out with a paper parcel in his hand—he walked down Oakley-street, and I followed him into the Westminster-road—he went into Mount's gardens, and I saw the two prisoners there in Carlisle-lane (I did not see the other join him, but he went into a court, and soon after I saw them both together in Carlisle-lane)—they went along North street—and then they both looked at a paper—it appeared to be strange paper, with the impression of a bank note on it—they both had it in their hands—it was like this note—Thornton and another officer were in the neighbourhood—I assisted Sergeant Williamson in taking the prisoners.

Cross-examined. Q. Was it 21st May? A. Yes; I had followed them that day about an hour—I did not want them to see me, and kept at a respectful distance—I was in a court in North-street, and they were standing there, and being in plain clothes, I passed them and saw the paper—they both held it—they had their faces towards it and towards the street—they appeared to me to be both holding it and looking at it—I did not pass quickly, I walked slowly along—the court is about three yards wide I suppose; it is not quite so wide as this Court—I was alone.

COURT. Q. Where was it you saw them looking at the paper? A. In a court in North-street; I was walking along the street, and saw them in

the court, looking towards the street—I was about two yards from them when I passed the end of the court.

STEPHEN THORNTON (police inspector A). I am chief of the detective force. On 21st May I was in the neighbourhood of Mr. Morrish's shop, and saw Foster about 1 o'clock—I followed him some short time afterwards and saw him turn round the top of Oakley-street, where I lost sight of him and the other prisoner together—there is a court in North-street—I saw them there with these two papers in their hands open, like this, examining them—I passed by and then returned, and they were still standing in the court; they afterwards came out, and Foster was wrapping something up in a piece of paper, which appeared to me to be these impressions; he put them into his coat pocket—after that I again saw them in Mr. Morrish's shop, but did not see them go in—they came out in about six or seven minutes, and I and another officer followed them, and took them into custody—I searched Foster, and found these impressions rolled up in his coat tail pocket, and these two other papers (produced), on which some manuscript words are—Holler was searched by Sergeant Williamson—Foster refused his address at first—he was asked his name, but I do not recollect what he said; I could not say positively whether he gave it.

Cross-examined. Q. Did he give an answer? A. Yes; but I do not recollect what it was—I believe he refused his address—we did not know where he was, till we went to Holler's house, and learned from Moller's wife where he did live—I believe he refused to give his address at first—I have not forgotten what he told me—I will not undertake to say that these are the two papers, but they are similar papers—my belief is founded on the sight I had of them—they were turning their backs, and each holding a corner of the paper—they were partly between me and the paper—I saw Stanage—we were in various positions, sometimes before each other—I cannot tell whether Stanage had gone before me, for we both went up and down the street—I went up and down, and, to the best of my knowledge, went up again a third time—I do not mean that I saw them in the court three times—I do not know whether at the time I saw them in the court I was following Stanage, or he me—there were three or four constables, and we were doing our best to keep out of sight, and found dodging up and down to be the best way, and, finding that they did not come, I returned down the street, and they were in the court again, and I watched, and saw them come out of the court—when I saw them reading the paper, I was on the other side of another street, which is seven or eight steps across, or not much more—it is not as wide as Cornhill—it is a back street—the office of the clerk of the peace is at the corner, and it runs into the Westminster' road—I should think the street is as wide from kerb to kerb as from herd to that desk.

FREDERICK WILLIAMSON (police sergeant). I am a detective—I was with Thornton on the days in question—I was at the station when the prisoners were taken there—they were both asked their names and addresses, and they refused them, I think, but am not sure of it, for I was in a back part of the station—I searched Muller; nothing material to this ease was found on him.

RICHARD MULLENS . I am solicitor to the prosecution. I was at the police station at Lambeth when the prisoners were brought there—the inspector on duty asked Moller his name and address—he refused to give either—he said, "I decline to state"—I then told Moller what his name

was, because I knew him—the same question was then asked of Foster and he said, "I shall not give it"—I did not know him before.

Cross-examined. Q. Was Thornton in the office? A I am not sure—Williamson was in the outer part of the station—I believe I was alone in the inspector's room with him—I know the inspector by sight, but do not know his name. (The two papers were not read, being in Swedish, but MR. BODKIN stated that they were copies of the contents of the notes.)

WILLIAM TOTTIE , Esq. I am vice-consul for Sweden and Norway, and am one of the firm of Charles Tottie and Sons, we are agents for the Malare Provinces Private Bank, in Sweden. The bank is at the town of Western—this is one of the notes of that bank, I superintended its preparation—they were engraved in London, and I transmitted them to Sweden, by steam boat, ten years ago—I do not swear to the note, but there have been no notes printed but those I sent out—this is worth about 11s. 1d. in. English money—the translation of it is, "The Malare Provinces Private Bank, redeems, on demand, this note, with six dollars six, and thirty-two schillings banco. Westerns, 1st. Oct., 1847"—it entitles the bearer to receive the amount, which in English money, amounts to 11s. 1d.—six-dollars means dollars of the kingdom—these manuscript papers are transcripts of the contents of the note.

Cross-examined. Q. Have you ever been in Sweden? A. Yes, nine years ago; in 1847, that is the date of the notes—I only know by our correspondence that the bank is still existing—we are in constant correspondence with in.

MR. BODKIN. Q. Are you their agents in London? A. Yes, and have corresponded with them within a fortnight or three weeks.

(This being the case for the prosecution, MR. ROBINSON contended that the existence of the company was not, proved. THE COURT considered, that at present there was no proof of whom the company consisted.)

COURT to W. TOTTIE, Esq. Q. Are you personally acquainted with the constitution of the bank? A. Yes, I have the constitution at my office—the company consists of a body of shareholders—I am sufficiently acquainted with the law of Sweden to know that they are a corporate body.

MR. ROBINSON. Q. You say that there are shareholders, you do not know who they are, except by some document which you have? A. I cannot say—there are directors, they vary, some of them go out by rotation, and others come in—I only know the constitution, from the papers at my office.

COURT. Q. Where is your office? A. In Broad-street—here is an official translation (produced) of the constitution, by a clerk in my office; it has been made recently—if the original is produced, you will not understand much of it—I got it at the Parliamentary paper office in Sweden, or it was bought for me—that was when it was first issued, I forget the date; it was 1845 or 1846 (looking at the translation) no, 1847—oh! here is the Act itself, attached to the translation.

MR. BODKIN. Q. Have you been in Sweden? A. I have—I have never been at the office of the bank—I have repeatedly taken these notes, not only in Sweden, but here—I know that the bank is composed of more shareholders than one—I have not the remotest doubt that the bank exists as a body corporate—I know that it does, I am in constant communication with it.

COURT. Q. Having been in Sweden, can you say whether this bank is

reputed to be a corporation? A. Yes, it is—it is seven years sine I was there, but I am in constant communication with it, is officially and non-officially—I did not bring this document with me from Sweden: it is in Swedish, and it published by Government—it is printed at the royal public press at Stockholm, as will be found upon it—(MR. ROBINSON suggested that this could not be evidence, as somebody else merely told the witness that he bought it there)—when I was in Westerns, in 1847, I bad had all the trouble of getting these notes printed, and a deputation waited on me, and invited me to an entertainment—I forgot that before—I dined with the Directors—(MR. ROBINSON objected to the document being read. MR. BODKIN pressed to being read, to which the COURT acceded

COURT to W. TOTTIE, Esq. Q. I must ask you to translate a portion of it. A. It is all translated—I have not examined it with the translation—this (the original) is in Swedish; it is an act of His Majesty in Council, signed by the King, and countersigned by one of the Secretaries of State; (The witness read parts of the document, by which it appeared that the company was incorporated in 1847 as a banking company, trading within the Malare provinces. Signed, Oscar, King of Sweden; to be read from the pulpit)—that is, it is to be read from every pulpit in Sweden—that means "proclaimed"—I know this document to be one of the State Acts of Sweden—(The COURT decided upon admitting it as evidence),

MR. ROBINSON. Q. You never passed one of these notes in Sweden? A. Yes; I transmitted them to Sweden, but I was there after that, in 1847—they are in general circulation; I continually have remittances from Sweden in these notes now—I have had them consigned to me—I have taken them myself recently.

(MR. ROBINSON contended that there was no proof that the notes were still in circulation. THE COURT considered that there was. MR. ROBINSON then contended that there was no engraving of a perfect note by the prisoners; and as to a part of a note, it was a mere constructive engraving, done by an innocent agent; and the note not being finished, the ornamental part being omitted, the prisoners would only be answerable for what they themselves ordered, it never being the intention to have part of a note engraved, Mr. Morrish choosing, before the note was perfect, to do something which was not within the original order; and further, that it was necessary to show that the prisoners had done it fraudulently. MR. RECORDER, in leaving the case to the Jury, was of opinion that it came within the legal principle of "omne majus continet in se minus," that if a man orders the whole, he may be taken to order a part; and as to their having done it fraudulently, there was no such word in the Act of Parliament, which stated, "If any person shall engrave or have in their possession without authority" the word "engrave" meaning "engrave fraudulently;" if, however, it became necessary, the point might be reserved.)

MOLLER— GUILTY, with intent to defraud. Aged 45.

FOSTER— GUILTY, with intent to defraud. Aged 30.

(The prisoners were further charged with having been before convicted.)

DANIEL FORRESTER . I produce a certificate of Moller's Conviction—(Read: Central Criminal Court—Charles Christian Hotter, Convicted, April, 1855, on his own confession, of embezzling 1,302l. 10d., 1,072l. 13s. 11d. 623l. 14s. 1d., and 200l.—Confined one year)—I attended the trial—he is the man.

MOLLER.GUILTY.— Transported for Fourteen Years.

HENRY MEEKING (policeman, P 107). I produce a certificate of Foster's conviction—(Read: Central Criminal Court—William Foster, Convicted,

Oct., 1855, of uttering a forged request for the delivery of coals—Confined six months)—I was present, he is the same person.

FOSTER—GUILTY.— Four Years Penal Servitude.

Reference Number: t18560616-671

671. GEORGE MEAN , feloniously receiving 14 sheep, price 30l.; and 32 sheep, price 60l.; the property of William Askew, well knowing then to have been stolen.

MR. POLAND conducted the Prosecution.

WILLIAM TILLY . I am driver and shepherd in the employment of Mr. Scales, and also of Mr. William Askew. I have the charge of from 600 to 700 sheep belonging to them, in Victoria Park—I missed forty-six of them on 15th May, fourteen of Mr. Scales's, and thirty-two of Mr. Askew's—I went to the premises of Mr. Williams, in the Skin-market, at Bermondsey, on the Saturday following, and saw thirty skins—nine of them were Messrs. Scales's, and twenty-one Mr. Askew's—they were skins of the sheep I had missed—they are not here—the sheep were not fit to be killed; they had to be fatted first, they were store sheep, poor sheep.

Cross-examined by MR. LILLEY. Q. Of the forty-six, how many will you undertake to say were store sheep? A. About thirty-nine—they were placed in Victoria Park to be made fat—it is very good pasture there—I knew them by the marks—there were six different lots of Mr. Scales's, and seven or eight lots of Mr. Askew's—the different lots were marked differently—I am not a butcher.

MR. POLAND. Q. Although the lots were differently marked, was then any mark in common? A. Yes—we mark them all with red ochre when they are born, on the head, and the rest were marked on the face—seven lots of Mr. Scales's were marked on the top of the head with red ochre, and two had a brand on the side with tar—there had been some letters branded, but they were not distinct then—four lots were marked on the top of the head, and half way down the back, with red ochre, and "C. N." on the rump and on the hip a mark with red ochre, one on the shoulder, and twice over the loins—that makes fourteen of Mr. Scales's—there were seventeen of Mr. Askew's marked with red paint on the shoulder; four with blue paint on the rump, and red paint on the head; and eleven with blue paint on the rump—the thirty skins I saw at Mr. Williams's had marks corresponding to those.

COURT. Q. How long had you had them? A. Some a fortnight or three weeks, and some longer—some of them were not worth 10s. a piece to kill—they were very poor.

WILLIAM SCALES . I am in partnership with my brother, as carcase butchers and salesmen, in Whitechapel In May last we had 300 sheep in Victoria Park—on 16th May I received information, and on 17th went to Bermondsey Skin-market, to the premises of Mr. Williams—I examined thirty sheep skins, nine of which were skins of sheep I had sent to Victoria Park to graze—the other twenty-one were Mr. Askew's—they were obtained through me—part of them were purchased at the Metropolitan Market, and part came from the country—from what Williams told me, I went to St. George's-market, Southwark, and, after waiting there two hours, the prisoner came—I asked him if he had received any sheep lately—he said he had; forty-six on Wednesday night—about 10 o'clock or half past—I asked him who brought them to him—he said, a person named Bates, or some such name—he professed to have very little knowledge of him, and said, he lived near Edenbridge, in Kent

—I asked him if he had seen him before—he said he had, and that he represented himself as the son-in-law of Mr. Johnson, of whom he had on former occasions bought sheep, and who he knew; that the sheep were brought to him to dispose of, and he was to have 1s. a head for his trouble—I asked him how he, as a butcher, could think of killing poor store sheep, which part of them were—he said that he knew some of them were very poor, but he thought they were short of keep, meaning that there was a scarcity of grass—I asked him what he did with them—he said that he sent thirty carcases to Mr. Bucknall, of Newgate-market, twelve to Messrs. Dean and Hatton, of Newgate-market, for sale, and four he retained for his own shop—I asked him what he did with the skins—he said he sent thirty to Mr. Williams, of the Borough-market, for sale, and sixteen to Mr. Kelly—I should mention that the thirty skins, when I saw them, were all daubed over with red ochre, to disguise them, but it had not defaced the marks—I went to a room up stairs at the back of his premises—it appeared to have been a dwelling room at some former time, but had been swept out, sawdust put in it, and there was fresh dung in one corner, showing that sheep had been there very recently—there was no convenience for slaughtering sheep in a proper way—there was a little place like a cellar—the yard was occupied with pigsties—he handed me very readily the receipt for 43l., 10l. or 12l. of which I think was in cash, and 33l. in a crossed cheque, of which payment had been stopped by Mr. Buck-nail.

Cross-examined. Q. This was the prisoner's house? A. Yes—when I asked for information, he gave it me very readily—he answered all my questions without hesitation, and apparently willingly—he handed me the proceeds of the sale, and said that he had been to Newgate-market—he handed me the 43l., and I have it still—I also received the money for the skins, the whole forty-six subsequently—the prisoner told me readily that he had sent the skins for sale to Messrs. Fuller's—he said that the man of whom he had them lived near Edenbridge—I am accurate in that; and that he was to meet him there on the following Tuesday—a policeman named Prescott was with me, in uniform—I never saw the prisoner before to my knowledge.

WILLIAM LEE . I am in the employ of Mr. Williams, a skin salesman. On Saturday, 17th May, I received thirty skins from the prisoner's shop in St. George's-market, London-road, about half past 12 o'clock, or a quarter to 1 o'clock in the day—I bought them at Bermondsey Skin market, the officer and the driver fetched Mr. Scales, and I was there when they were shown to him—that was the same day that I received them from the prisoner.

Cross-examined. Q. Do not you know that the prisoner was in the habit sending skins for sale? A. I do not know—I have been there on and off for three years—I am not always with him.

MR. POLAND. Q. Were they in the same state as you received them from the prisoner? A. Yes.

JOHN PRESCOTT (policeman, K i). I was at Mr. Williams's when Mr. Scales came there—I saw him examine some skins, and from what Williams told me, I accompanied Mr. Scales to the prisoner's house—he was not there; we waited two hours, and when he came, Mr. Scales asked him if he had not received some sheep lately; he said that he had received forty-six on Wednesday night, between 10 and 11 o'clock—I then accompanied the prisoner to East Qrinstead by rail from London-bridge, as he said that he would accompany me to see if he could find the son-in-law

of Johnson—he said that he did not know where he lived, but we should find Mr. Johnson, and he would tell us—when we were in the train he said, "It is a bad job, I do not think we shall find our man; if we do not find him I suppose I shall lose the money I have paid him"—we got out at East Grimstead station; and when we had walked some distance on the road, a young man came up, tapped him on the shoulder, and said, "I think I know you, it is you, is it not?"—the prisoner turned round, and shook hands—I walked on—he then came on, and said to me, "There, that is Mr. Johnson's son; he will tell you where his son-in-law lives"—I asked him, and he told me, in the prisoner's presence, that his brother-in-law lived at Wood-farm, Low Dean, Kent—he then left us to go home to his father, and I accompanied the prisoner to Wood-farm—on the way there I said to the prisoner, "I do not think we shall find the man; I do not think this is the man"—he said, "Oh! no, he is not the man I mean; he is not the man I got the sheep of"—we got to the place about a quarter past 9 o'clock in the evening, and asked for Birkwood—the brother-in-law had told me that that was his name—he was not at home, but his wife was—I asked for Birkwood, and the servant said, "My master is not in"—I asked for the mistress, the servant returned and said, "Mistress has got the baby, and cannot come"—I then spoke to her loudly from the door, told her I was a police officer from London, and wanted to see the master—I then walked in with the prisoner—she knew him, and said, "Oh! Mr. Mean, is that you? I thought I knew your voice"—while we were having some refreshment, she sent for her husband to a public house, about half a mile off—he came, and she said, "This is Mr. Mean, that you have heard me and my father speak of"—before he came, the prisoner said that the man he bought the sheep of was a tall man, with a squint eye—this man did not answer that description at all; he was a very big man, but had no squint—the prisoner said to him, "I have come down about some sheep I received from a man they accuse me of stealing them, a man who represents himself to be a son-in-law of your father-in-law"—that is, Mr. Johnson's wife's father—he said that he was very sorry for him, and very sorry such a thing should occur; but nothing relating to the sheep—I returned to town on Sunday evening.

COURT. Q. Did Birkwood say, that he was the man? A. He did, and the prisoner said, when he came in, "That is not the man"—Birkwood said that his wife was the only daughter that was married—the prisoner was given into custody on Sunday evening, the 18th.

Cross-examined. Q. Did the prisoner say, the man I bought the sheep of, or, the man I had the sheep of? A. I would not say, it might have been the man I got the sheep of—he did not say that he had a cast in his eye, he said a squint eye—squint was the word, and Mr. Birkwood had not a cast—the prisoner gave me information quite readily—I do not recollect his saying I have advanced 12l. 10s. on account: I do not say he did not—I slept with the prisoner in the same bed at Mr. Birkwood's.

WILLIAM CLARKE . I am carman to Mr. Kelly, a skin salesman, of the Old Kent-road. On Friday, 16th May, I received of the prisoner at his house sixteen sheep skins—I should think, by the appearance, they had been killed that day—there was a large mark of an H with red ochre, to the best of my recollection, nearly the whole size of the skin—he said they were a lot which he and his brother had got between them, meaning the forty-six—I took the sixteen skins to my master—they were sold on Saturday morning.

Cross-examined. Q. You will not undertake to say that he did not say "got?" A. I will not.

JOHN MEAN . I am the prisoner's brother—I am not his only brother, I have another—I am twenty-seven, and he is two or three years younger—my other brother lives at Portsmouth, and to the best of my belief he was there on 17th May—he is in the army—I and the prisoner did not buy any skins, or any sheep, nor did he join me in the purchase of any.

Cross-examined. Q. Do you live near your brother? A. No; I live in Shoreditch, and he in Southwark—I am a porter—I see him occasionally—I was at his house on Saturday fortnight, and saw some skins delivered to Lee openly, in the day time—my brother bears a very good character, I believe—he has lived three or four months where he does now.

WILLIAM SCALES re-examined. I am in error, the constable who went with me to the prisoner's house was not in uniform—the sheep were healthy, but a portion of them were not fit to kill—they were worth 10s. or 12s. a-head more to sell alive—they were such as no butcher would kill—some butchers sell poor meat, but these were worth much more as store sheep—very poor sheep are sold and killed in great numbers, such as are unfit for grazing—poor people cannot afford to buy others.

COURT to WILLIAM CLARKE. Q. Are you sure he said they were a lot he and his brother had bought or got between them? A. Quite certain, I am sure I am not mistaken—there was a man in the shop at the time, and more than that, he accused me of thieving a skin which laid outside—the man who was in the shop was detained a fortnight and liberated—his name was Turner—he was charged with being concerned with loading the cart, but another party came forward and said he had done it, and Turner was not there—there was a squabble between the prisoner and me about the skin he charged me with thieving—I have not mentioned that before—I did not think it requisite.

COURT to JOHN PRESCOTT. Q. Did you ask young Johnson what the name of his brother-in-law was? A. I did, but I cannot recollect the name—it was not Bates—lie said he was a big stout man—I asked him if he had a cast in his eye, and he said no.

NOT GUILTY .

ADJOURNED TO MONDAY, JULY 7TH, 1856.


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