CENTRAL CRIMINAL COURT.
SALOMONS, MAYOR. NINTH 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, July 7th, 1856.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. HUNTER; Sir FRANCIS GRAHAM MOON, Bart., Ald.; Mr. RECORDER; and Mr. Ald. CUBITT.
Before Mr. Recorder and the First Jury.
672. BENJAMIN ALLAN HOWARD and OSCAR KINGSTON were indicted for burglariously breaking and entering the dwelling house of John Joseph Dethier, and stealing therein 3 100l. Bank of England notes, and other monies, amounting to 565l.; the property of Meaburn Staniland—2nd COUNT, feloniously receiving the same.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
MEABURN STANILAND . I am a solicitor, of Boston, in Lincolnshire. On 19th March I sent my clerk, Mr. Shout, to receive change for a cheque—I received from him the amount of 565l. odd—among it, I believe, were three 100l. notes, I noticed that there were Bank of England notes to that amount, but I could not positively speak to the numbers of them—after receiving them I came up to London by the Great Northern Railway—I counted the notes over from Mr. Shout, put them in a canvas bag, and put them in ay trowsers pocket—I left at half past 6 o'clock that evening—I arrived at the Great Northern station in town at half past 9 o'clock—there were three gentlemen in the same railway carriage with me, two of whom I knew intimately, the other not so well, but I knew him as clerk to Mr. Glutton, of Whitehall-place, and I have seen him since—I went to the Great Northern Hotel—I went to bed about a quarter past 10 o'clock—my room was No. 46—I locked the door of my bedroom, and left the key in the lock—I got up about half past 7 o'clock, breakfasted, and then went to No. 3, Raymond's-buildings, Gray's Inn—I got there at a quarter to 9 o'clock—on putting my hand into my pocket, I found that the money was gone—that was my first intimation of my loss—I stopped the notes at the bankers', and telegraphed into the country.
Cross-examined by MR. COOPER (for Kingston). Q. Which pocket was the money put into? A. My right hand trowsers pocket—I advertised my loss both in London and in the country—in the country I advertised it as supposed to be lost in Boston, and in London, near the Great Northern Railway—in coming up by the train, I got out at Peterborough, and had a cup of tea at the counter of the station, but no person except a friend was by my side or near me—I did not give out my things at the iun to be brushed—my things appeared in the morning just as I had left them at night, I did nofc notice any alteration—they Jay on a chair, my coat first then my waistcoat, and my trowsers at the top, nothing else; the chair was not near my bed, but on the other side of the room—when I say my trowsers were uppermost, I mean that is my usual mode of depositing my clothes—I do not think I put my handkerchief or shirt over them—I could not see the chair without turning round in my bed.
Cross-examined by MR. RIBTON (for Howard.) Q. About what hour did you receive the money? A. About half past 2 o'clock—I did not think more of it till I was in Raymond-buildiugs; I am in the habit of carrying large sums of money—after receiving it at my office at Boston, I went direct to my house, which is about three-quarters of a mile or a mile from my office I—I was in my office from half past 2 o'clock till 4—I walked to my house—I then went to the station, that is about a mile, I went in my own conveyance—Wednesday is market day at Boston—I did not notice anything unusual in the number of persons leaving by the train, it was the expres train, which is not generally very well filled—I breakfasted next morning I should say, within five minutes of 8 o'clock—I did not notice any one else at breakfast—I arrived at Rayniond's-buildings at a quarter to 9 o'clock, and then missed the notes.
MR. BODKIN. Q. You say you knew the persons who came up with you to London? A. Yes—no other persons got in, two persons got out at Spalding, and one gentleman got in, who came with me to town—I had not to remain on the platform at Boston for any time—it so happened that I went into the waiting room until the train came in from Lincoln—I stayed there three or four minutes, but there were no persons in the room with me, and from the room I walked direct across the platform to the carriage, and on arriving at the Great Northern station I gave the porter my carpet bag, and walked by his side to the hotel, and no one was near me—I not alone in the coffee room.
DAVID PICKWORTH WRIGHT . I am a clerk to the Stamford and Spalding Banking Company, at Boston. On 19th March I paid a cheque to Mr. Shout, clerk to Mr. Staniland—I paid him three 100l. notes—I have the numbers of them on this paper, which I brought from Boston—they are numbers 04258, 06403, and 50429—I find the name of Moore, one of our customers, from whom two of them were taken, written on them—I at the same time gave Mr. Shout twenty 10l. notes of the Stamford and Spalding Bank, payable at Barclay's, and the rest of the money in cash.
Cross-examined by MR. RIBTON. Q. I do not understand you to say that these are the notes you paid to Mr. Shout? A. These are the notes, I can identify them by my handwriting which appears upon two of them—I paid no other 100l. notes away that day, nor the day before, to the best of my recollection—I would not undertake to swear that I did not, but I believe not—we always make an entry of the Bank of England notes we receive, and when we pay them we make an entry on the cheque, of the amount, but not of the numbers—this was a cheque on our own house—it is not the
custom in country banks to enter the numbers of the notes we pay—I can identify these as the notes I paid to Mr. Staniland'a clerk by my handwriting on them—these were the only notes we had in the bank at that time bearing these particular names; these are the names of the parties from whom I received them; we received two of them on 8th March, and I added them to our reserve parcel of Bank of England notes—when we pay them away, we enter the amount to the credit of the party, but not the numbers—on 8th March I received three 100l. notes—to the best of my recollection, at that time there were only five 100l. notes in the Bank parcel—I will not swear positively—I could not tell by the books what exact number of 100l. notes there were at that time, but I think there may have been five; the other two, I believe, were not parted with until afterwards—I do not know what became of them, I cannot recollect to whom they were paid, or whether I received them, or what names were on them—I better neither of those notes had the name of Moore on them; to the best of my knowledge and belief; we had no other notes marked with the name of William Moore—I carefully examined our books for some time previous to this affair—I have one book here, in which we make of our cash, to prove the alteration in the Bank of England parcel every night; that will not bell the numbers of the notes, only the total amount, not the amount of each note—I have no book that will tell me the numbers of the notes that I paid to Mr. Staniland's clerk on the 19th—I identify these notes by the name of Moore on them in my handwriting.
MR. BODKIN. Q. Have you here what is called the fillet on which you make the memorandum of the bank notes? A. I have—I made the entry at the time I received the notes—on 8th Marsh I received three 100l. notes from Mr. Moore, among other money—I wrote his name on those three notes—I received monies on his account afterwards, but no 100l. note after that—Mr. Barney, our manager, was standing at my elbow when I paid the cheque to Mr. Shout.
COURT. Q. When before 8th March did you receive any 100l. note from Mr. Moore? A. I have examined the books for some time previously, and can find no such entry—I have no recollection of it—I cannot exactly say at what date the fillet commences, but some time previous to this entry—I connect the three 100l. notes with the 8th March by the balancing book—I made the entry on the fillet at the time I entered the three 100l. notes in this book, that night—the entry on 8th March shows an increase of 340l. in Bank of England notes—there is no description of the notes—the three 100l. notes received from Mr. Moore formed a portion of that—I speak of that from recollection.
THOMAS BARNEY . I am manager of this bank. I was present on 19th March when a cheque for 500l. odd was paid by Mr. Wright to Mr. Stout, Mr. Staniland's clerk—he applied to me how he should pay it—I desired him to pay it in three 100l. Bank of England notes, and the rest in our own notes, and I distinctly recollect seeing the name of William Moore on the face of one of the notes, handed across from my clerk to Mr. Staniland's clerk, if not on two—Mr. Moore is a corn merchant, and a customer of ours—on 8th March he had paid in 385l.—I heard of the loss on the Thursday, the 20th, the day it was discovered—I told Mr. Staniland's clerk, who applied to me, that we could not then give him the numbers of the notes, but on examining the parcel I found only two 100l. notes remaining, and neither of those bore the name of William Moore—since the payment of Mr. Staniland's
cheque, and before the 8th, one 100l. note had been paid in, and deducted from the stock; that was paid to Messrs. Browning and Co. on 11th March—from the time Mr. Moore paid in the three 100l. notes nntil 11th March, no 100l. note had been paid ont of the bank; but on 11th March one was added to it, making the total the same; that wag received from our Wakefield agency, and added to the stock of bank notes—alto gether, there would appear to be five 100l. notes—I did not count them.
Cross-examined by MR. RIBTON. Q. you do not undertake to swear that the notes paid to Mr. Staniland's clerk had the name of Moore on them? A. One, if not two—I am not certain as to two, I am quite positive as to one—I saw my clerk take them out of the bank fillet, and I said, "Give three"—I saw the name of Moore, because my attention was directed to the top note; perhaps I did not see them spread out, I saw the name of Moore on the top note, and I took no further notice.
MR. BODKIN. Q. Do you find the name of Moore on those two note? A. Yes; they are in Mr. Wright's writing—this other 100l. note paid to Browning has also the name of Moore on it—there were three notes with Mr. Moore's name on them, on the 11th; one was taken from the pareal and paid to Messrs. Browning—I do not know how to distinguish that note from the other two.
WILLIAM POOLE SHOUT . I am clerk to Mr. Staniland. On 19th March I took two cheques to the Boston bank, and received 565l. 16s. 3d. for them—I gave to Mr. Staniland what I had received from the bank; there were three 100l. Bank of England notes among them.
THOMAS LISSAMAN . I am a waiter in the coffee room at the Great Northern Hotel, Kings-cross. I have seen the prisoner Kingston at the Great Northern Hotel—I saw him there on the morning of 20th March, between 8 and 9 o'clock, he was breakfasting in the coffee room—a person named Branch was with him; I know nothing further of Branch than seeing him in the coffee room—I have since seen him at Manchester in custody—I saw Branch first at our hotel—I did not see him come down, I saw him come from the passage into the coffee room—it was from a quarter of an hour to twenty minutes after that, that I saw Kingston—Branch called for his breakfast previous to Kingston coming down, but he waited some little time; they ate at the same table—Branch had a small black leathern bag—when Branch came down he waited some little time, he said he had friends coming'down—he did not order his breakfast at the moment, he waited until, I might say, his patience was exhausted, and then he gave his order for his breakfast, and during that time Kingston came down, and he likewise ordered his breakfast—he was in the room with him a short time; he did not remain more than a quarter of an hour after Kingston came down; they left the coffee room together—I do not remember how they left the hotel.
Cross-examined by MR. COOPER. Q. Had you ever seen either of then before? A. Not to my knowledge—I know this was on the 20th, because we were very busy at the time; we generally know who is in the home, in fact, we have to be accountable for the persons being in the house—my attention was called to this a fortnight or three weeks afterwards—we constantly have people hurrying in and out—I cannot speak as to either of these persons sleeping there that night—one gentleman will sometimes join
another at breakfast, but the prisoners bad taken apartments in the house—we sometimes have fifty persons in the house, and sometimes 200 or 300—I hare seen other bags tike this.
MR. BODKIN. Q. You say that two or three weeks elapsed, where did you see them then? A. At Manchester; I went there and found them in custody—I beard of the robbery about half an hour afterwards, Mr. Staniland was in the room—when I heard of this, I recollected that this man had been there and went down to Manchester, and recognised Blanch momentarily.
COURT. Q. You did not see Branch come down stain, but you saw him in the passage leading from the inside of the house into the coffee room? A. Yes—that is the same passage which a person would use in coming from out of doors—I could not tell whether they had come down stein or not.
JOHN EMERY . I am a tailor, of No. 46, Regent-street. I know Kingston—on 20th Feb., he gave me an order for goods, which were to be sent to his address, at Morley's Hotel—they were paid for—on, I think, 20th March, he came again, about 11 o'clock in the morning, and asked me for change for a 100l. note—I told him we had not as much in the house, but I would send and get change for it—I did so—I endorsed it, "Emery and Co., March 20th"—that enables me to speak perfectly as to the date—(The note was numbered 04258 and had the name of Moore on it)—I sent it to our bankers, the Union Bank, Charing-cross Branch, and the money was brought back and given to Kingston—it was five 10l. notes, and ten 5l. notes, I think.
Cross-examined by MR. COOPER. Q. Were the clothes sent to Morley's Hotel? A. Yes, by our man—I did not take them—Kingston was about half an hour in the shop when he came for the change—I do not think he said that he was still at Morley's Hotel, we did not ask him—I had not changed another 100l. note for anybody about that time—I am sure I put down the day correctly; I am not in the habit of making mistakes, and do not think I can be wrong—I do not think it could be the 19th or 21st—I go by my writing.
JAMES CARSTAIRS . I am cashier to the Charing-cross Branch of the Union Bank. Emery and Co. have an account there—I have my book here—on 20th March I changed a 100l. note for Messrs. Emery, No. 04258, 27th Jan., 1853—I gave for it five tens and ten fives, the tens were numbered 00183 to 00187 consecutively, and dated 8th Feb., 1856.
Cross-examined by MR. RIBTON. Q. Did you make this entry at the time? A. Yes.
WILLIAM THOMAS AYBUD . I am clerk to Messrs. Bult and Co., money changers, of Cheapside. On 27th March a person came for 600 American dollars; he gave me this 10l. note with the name of "A. Hall" on it, which was written in my presence by him, and 120l. in Boston notes—I cannot recognise the man here.
Cross-examined by MR. RIBTON. Q. Have you any entry in your books about this transaction? A. Merely a memorandum of 600 American dollars sold for 125l., and the number of the note—I entered the number in my note book within half an hour after—I am not aware that I received any other notes during the half hour before I made the entry; I cannot say for certain—if I received other 10l. notes, all the 10l. notes would not have been put together; perhaps I did not receive any more, but when I made this entry the Boston notes and these notes were together, and I pot them into a drawer to pay into Robarte', where we bank—the Boston notes had
been lying on my desk—there were other clerks there; they would not have taken the 10l. note if they wanted one, all notes are taken out of the till, they would not pay any note away before it was entered—I swear that the man wrote this on it, I saw him write it; I swear that positively—I believe these are the Boston notes that I took from the same person—they were like these, and I find my writing on them, "J. Hall, Morley's Hotel"—the man wrote "A. Hall," I do not know how I came to write "J. Hall"—I only wrote that on one of them, the outside note of the roll, and they were put together into the box—I can only identify this one.
MR. BODKIN. Q. They were all paid into Robarts'? A. Yes, it is our practice to take bank notes in this way from people we know nothing of, and to any amount—we ask the persons who bring notes to write their names on them—I saw him write this "A. Hall, Hurley's Hotel"—he looked like a foreigner—I cannot say that the spelling brings to my mind that he looked like a foreigner—there was nothing peculiar in his countenance, but I judged him to be an American, being in the habit of seeing a great many Americans; not from his voice, but from his general appearance (The witness was directed to fetch his books.)
ADAM SPIELMAN . I live at No. 79, Lombard-street, and carry on the business of a money changer. On 11th April, a person came and wanted 1,000 dollars in American gold, and presented these-notes in exchange—I saw him write his name on one of them, "A. Howard, Morley's Hotel" (These notes were numbered 50429 and 06403, the first having on it the name of Grow, and the second that of Moore; the 10l. note was numbered 00187)—these notes were paid into our bankers, Messrs. Robarts—we are in the habit of changing notes of that large amount to strangers, they merely write their names on the back—if they are larger notes than 100l. we frequently send first to the Bank of England, to see whether they are detained.
Cross-examined by MR. COOPER. Q. Would not your business be almost stopped if you were to examine into the character of every man who offered a 100l. note? A. We generally take them in the course of business.
Cross-examined by MR. RIBTON. Q. Do you know what time in the day it was? A. As near as I can recollect, about the middle of the day—I cannot say whether I had received any other 100l. notes that day—I did not ask the man to write his name on it, I take it for granted that one of the book keepers did—I cannot exactly recollect whether I saw him write it, but if I did not, the book keeper did.
COURT. Q. You said that you saw him write it; did he write it in your presence, or did he not? A. I could not say positively—the book keeper's name is Elmore—he is not here.
MR. BODKIN. Q. Were you present? A. I was, and received the note from the person—he applied to the book keeper in the first instance, and then came to me—I know that he signed the note at the time, but whether in my presence or the book keeper's I do not know—there was a pen and ink on the counter—as near as I can recollect, I waited for the note while it was written, but whether I asked him to do it or not, I cannot say—I do not recollect whether I looked at the notes before I gave out the gold—the book keeper handed the note to me, and I gave him the gold, but I cannot recollect whether I saw the note before I gave him the gold.
CHARLES ALTHON . I am hall porter at Morley's Hotel, Charing-cross which is very much frequented by natives of the United States. I have my register here—on 19th Feb. the prisoner Kingston came—this entry, "Oscar Kingston, New York," was written by the gentleman himself, and
he then took up his residence in the hotel—I find no entry of the name of Howard on the 25th—I remember Howard coming on the 25th, but it may hare happened that he was not in the room, or we might have been engaged otherwise, and did not ask him to enter his name—he appeared to be acquainted with Kingston; sometimes American gentlemen are glad to know when their friends arrive; I mentioned to him that Mr. Howard had arrived, and he said, "Oh, has he?"—I said that I had placed him in the next room to him, No. 28—they both left together coo, I think, the 29th—during those six days they were together, they had their meals together, and associated together, as far as I was able to see—they stated that they were going to Paris, and they were evidently going there, because they had obtained their passports—they left together in a coo—on 10th April, Howard returned—he stopped there that night, and left on the 11th, wishing me to take care of his letters—he asked, when he arrived on the 10th, if I had any letters for him—I did not recollect that I had, but he looked over the letter stand, and found one.
Cross-examined by MR. COOPER. Q. You are not much in the coffee room, as porter? A. I am facing it—I am hall porter, and am in and but of the coffee room and the hall.
Cross-examined by MR. RIBTON. Q. I suppose a great many Americans come there? A. Yes; when they get friendly they generally dine and breakfast together.
GEORGE BRANSOME . I am hall porter at the Great Northern Hotel. I know Howard, he took a bed there on 10th April, and gave the name of West; I do not think he slept there—there is not the least doubt that he slept there on the night of the 11th and 12th, for he booked his call—it would not be my duty to call him—I did not hear him give directions when he was to be called—I do not recollect seeing him on the night of the 11th; I saw him on the morning of the 12th—the bell was rung for his boots between 5 and 6 o'clock, and I saw him go away between 6 and 7 o'clock—when I first saw him he was in the entrance to the hall; he asked me to brash him, I think—he had no boots on when he first came down, and he told the chambermaid that he wanted them—he appeared in a hurry, and went away in cab, which was fetched for him—he would not want a cab to go to our station.
Cross-examined by MR. RIBTON. Q. Had you seen him before? A. I believe so, but will not say for certain before 10th April—I was examined before the Magistrate—I heard him tell the young lady at the bar that las name was West, and she took it on a slate—she is not here—he had refused to give his name to me—I was within one or two yards of him; there was not a crowd in the bar—I did not see him again till he was at Clerkenwell Police Court, it might be a fortnight or three weeks afterwards—Mr. Staniland asked me to go there—he did not ask me if I could identify a foreigner, he told me that I was going to identify a man who gave the name of West, who had occupied apartments, and I went and saw him in open Court—I believe they asked me if that was the man.
MR. ROBINSON. Q. Have you the slightest doubt that that is the man? A. I swear to that man taking apartments in the name of West; when he got out of the cab, I asked him if he wanted apartments, he said, "I have not got into the hotel yet," and when he got in, he said, "I do not know whether I want apartments or not, pay that man;" "What shall I pay him?" "Pay him his fare, and nothing but the fare;" "Where from?" "Waterloo station"—I then followed him, and heard him give the name of
West—the next day he came into the hotel with a loose cape over his shoulders, smoking—I told him that smoking was not allowed in the hotel that there was a smoking room; he said, "I do not want to go to the smoking room, there is a coffee room."
COURT. Q. He came on the 10th, and you saw him again on the morning of the 11th? A. On the afternoon of the 11th, about 3 or 4 o'clock—I next saw him in the morning—I paid 1s. 6d. for the cab, and he repaid me about 3 o'clock on the same day.
BANI ZANKER . I am an Englishman, and come from Leicestershire, my parents are farm labourers. I am a waiter at the Great Northern Hotel—on 10th April, Howard came there and engaged a room, but I do not think he slept there—on the next night he went up stairs to bed, and gave orders to be called at half past seven—I have the porter's call book in my pocket, with the call in it—persona are called by the, night porter, who gives the bed lights—I stood in the hall, but did not distinctly hear him give the order to be called—he came down first without shoes, and then with, he had been inquiring for his boots, and I sent the porter up—he came down and had his breakfast, and wanted to know when he was going to have his breakfast, as he was in a great hurry to go—his boots were brought to him afterwards, they were cleaned by the night porter—he sent down by the night porter who took up his boots, to take up breakfast for him, and he went and had his breakfast; while he was having it, Mr. Taylor, who was as near to me as the second gentleman on my right, spoke to me, he was going to pay his bill before he left, and said, "Waiter, there has been a robbery I think here, some one has taken money out of my room in the night" (MR. KIBTON objected thai this evidence referred to a different transaction, and it was not pursued further)—this (produced) is the lock and key of room No. 46; I stood by the carpenter this morning while he took it off—Mr. Dethier, the proprietor of the hotel, took out the key.
Cross-examined by MR. RIBTON. Q. Everybody leaves in a hurry, do not they? A. No—it surprises me to see people leave in a hurry when they pay for a breakfast and do not eat it; he ate a very small quantity, but I believe if Mr. Taylor had not spoken to me he would have eaten more.
MR. ROBINSON. Q. You say that he paid for his breakfast, and did not eat it; when Mr. Taylor said something, what happened? A. The man dropped down his toast, and then asked me for his bill, it was 10s.—he gave me half a sovereign and went immediately to the cab—he was the last of the three down, and the first of the three off.
Cross-examined by MR. RIBTON. Q. Did you serve it personally on him? A. Yes, in the prison.
BENJAMIN MORAN (in continuation). Whether they came together or not, Kingston handed me two passports, one of which was Allen Howard's, and the other this one (produced)—they both bore the same date, Washington, 1st Feb., 1856—I returned them both after I had vise them.
Cross-examined by MR. COOPER. Q. Was one in the name of Oscar Kingston? A. Yes—I, have seen Howard there, and I think he came for a passport on 28th Feb.—I did not give him a passport, he came to have it
vise—my belief is that the two men came together, at all events Kingston handed me two passports.
(MR. RIBTON submitted, that a notice served on a prisoner in goal was net sufficient, but that it should also be served on hit solicitor. The COURT having referred to the case of Reg. v. Robinson, Sessions Paper, vol. xxxii., page 744, decided that notice upon the prisoner was sufficient.)
MR. ROBINSON. Q. Were the passports consecutive numbers? A. Yes; granted at Washington, Feb. 1st, and I dated them 21st Feb., and numbered them consecutively at the legation here—they were vise for France, and throughout the continent; it is a general passport which will enable an American to go throughout the world—they would not require to have a passport from the French ambassador, only the vise, which is here, and is dated the same day.
MR. COOPER. Q. Then a name is given and put down in the passport? A. Yes—a person cannot give whatever name he likes, we always require proof.
MR. RIBTON. Q. I suppose a great many Americans opine to you? A. Yes, according to the season—they do not come in pairs, unless they are acquainted—if they had met at the same hotel there might be a certain kind of acquaintance, and they would be likely to come together—the passports show that they were consecutively vise, and the record shows it also this one is 11,058—I know that Howard's passport is consecutive, because it is on the record of the legation; I have entered it, and have made a transcript of it, which I have in my pocket—a passport was handed to me on 28th Feb., it was Allan Howard's, and numbered 11,657—I do not recollect without looking at the record that that was the number of it.
MR. BODKIN. Q. Although you may not recollect the number do you recollect the fact that the two passports were consecutive numbers? A. Yes, and that I consecutively numbered them on that day.
SUSMAN ELSAP . I am a native of Denmark, and am in the employ of Mr. Spielman, in Lombard-street I remember a person coming to change a bank note, but do not recollect that this (produced) is the note—I do not recollect that I saw him write on it—I noticed the man, but should not know him again.
GEORGE PHILIP WOOLF . I am a waiter at the Queen's Hotel, Liverpool I know the farthest prisoner from me by the name of Allen—he came there on 13th April, in the afternoon, and stayed till the Saturday after—while he was there I posted this letter for him (Read: "Mr. James, Moriey's Hotel. Dear Sir, you will have the goodness to have all the letters directed to Allen Howard, sent to Havre, France. (Signed) Allan Howard ")—when he went away he left this other letter on the mantelpiece (This was directed, R. E. Dicker, Esq., Queeris Hotel, Liverpool.)
MR. RIBTON. Q. That letter was found on the mantelpiece? A. I found it on the mantelpiece—I saw him write it before he left, and knew the direction, because I paid particular attention to it—I furnished the note paper for it early in the morning, and had furnished note paper to no other person that morning, nor do I remember doing so the night before.
MR. BODKIN. Q. Did he ask you for paper to write a lettsr? A. Yes; this paper has the stamp of the Queen's Hotel on it—the paper I gave him had this stamp on it; I saw him write, and about five minutes afterwards found a letter on the mantelpiece—there were other gentlemen in the coffee room, but I did not supply them with any paper thai morning—there was no letter on the mantelpiece when he asked me for the paper.
MR. RIBTON. Q. Did you supply other persons with paper during the week? A. I might—that would have the same stamp—I might have left the room for two or three minutes, when he was writing the letter, I had business to attend to; he did not leave the room at that time—I saw the letter on the mantelpiece five minutes after he left—I cannot undertake to say that some of the other persons in the room might not have put it there, but there was nobody else who would have put it there without telling me—I do not think anybody would have had it in their pocket, and put it there (MR. RIBTON contended that it was not proved that the prisoner placed the letter on the shelf, and that therefore it could not be read. The COURT considered that it was admissible—Read: "R. E. Dicker, Esq., Queen's Hotel, Liverpool April, 1856: My dear friend, I am very sick, and there is now no use of my waiting here for you, as I am certain it will be all right with you; if I was not sure it would not be all right with you, I would stay, but I am certain it will be. The 300l. will be good when you arrive: I will write as soon as I get home to No 10. From your old Mend, Old Man.")
EDWIN EDDEN . I am a partner in the firm of Langton, Scott, and Eddeo, wholesale druggists, Upper Thames-street. On Monday morning, 14th April, I was at Manchester on business—I was stopping at the Royal Hotel—I slept there that night—I do not recollect the number of my room; it was to something—I went to bed about 11 o'clock—I locked my room door—I had some money in my trowsers pocket—I was awoke about half put 2 o'clock in the morning, by finding a man at the foot of my bed—to the best of my belief, Kingston is the man; if I saw him in the same dress is which I saw him in my bedroom, I could in all probability swear to him; from the description I gave of him, he was taken in the hotel—I could not swear to him in that dress; he was dressed in a pair of drawers, and a tightfitting Jersey vest; I cannot tell whether they were flannel drawers; they were light-coloured ordinary drawers, and the Jersey the same—I called out, and he went out through the door—I gave an alarm, and the chambermaid and the boots came up immediately—I found that the money was gone from my pocket—I saw the chambermaid pick it up from the mat at my door—I jumped out of bed at once—I did not see the man turn any way—I lost sight of him immediately I got to the door, because the door was thrown back on my bed, which gave him time to escape; the head of the bed was against the door—I know he did not turn to the left, because the gallery was lighted with two gas lamps, and I should have seen him if he had run along the gallery—he either went up to the landing above, or down to the landing below—I slept on the middle landing—either one of those would take him to the right—I could see to the left, and he did not go that way; it is a long gallery.
Cross-examined by MR. COOPER. Q. This occupied, I suppose, half a minute; you no sooner awoke than the person was out of the room? A. dare say it would not exceed a minute.
ELLEN WALKDEN . I am kitchen maid at the Royal Hotel, Manchester. On 16th April I was in bed, and heard a cry of robbery in the house—I went to my room door, and stood there for a moment; I was frightened to go any further, hearing the cry of "Murder!"—I then heard the cry of "Chambermaid and Boots, I am robbed!"—I ran to the banisters, looked over, and saw a man standing just at the top of the stairs, dressed in a white guernsey and drawers; he was on the third landing—Mr. Edden's room was on the second landing—a person going from that room to the third landing would turn to the right—I think Mr. Edden's room was No. 42; the
prisoner slept in No. 40, on the third door—I should say he would have to go up more than a dozen stairs, but I never counted them—I saw the boots, or night porter, coming up the stairs from below, with a candle in his hand, and I called out to him, "Boots, bring your light to the third closet"—I said that loud enough for the man in white to hear me; the third closet is near where he was standing—the moment he heard my voice he went into his room, No. 40, and shut his door, and the bolt went slap—after that I heard the bolt again, and I saw the door open a little, but not sufficient to gee any one—I did not see him come out—I called the boots again, and the door went slap again—I took notice enough of the man in white to see who he was—that is the gentleman (pointing to Kingston.)
Cross-examined by MR. COOPER. Q. You have not always said so, I think? A. Yes, I have—I was on the landing above the man—there were no banisters between us; he was opposite me—there was a large gas lamp burning on the third landing—the man stood between the room door and the banisters, as if he was looking over on to the landing below—I was on the landing above, just opposite him; I could see him quite plain—the door which I heard slam appeared to be the same door that he went in; the landing is only half a yard wide—I stood there all the time—I saw the gentleman next morning, about half-past 5 o'clock.
MR. BODKIN. Q. Was Mayberry, the officer, there then? A. Yes; he had him in custody; he came out of his room with him—he was then dressed—he looked up at me when I was on the landing—I saw his face very distinctly—I am quite certain he is the person.
MARY ANN JOHNSTON . I was chambermaid at the Royal Hotel, Manchester, on Tuesday, 15th April I recollect Kingston sleeping there that night—he slept in No. 40—I saw him that night examining various doors, and I asked him what he was looking for—he said he was looking for No. 40, his own room—I told him it was a flight of stairs higher up—on the Thursday morning, the day after he was given into custody, about 9 o'clock, I was cleaning on the second landing, and found this pair of pliers (produced)—they were under the mat at the foot of the stairs coming down from No. 40; I was lifting the mat up, and picked them up under it—Mr. Edden's door was the second door on the left hand side from it; in going from Mr. Edden's room to No. 40 you would pass over that mat.
Cross-examined by MR. COOPER. Q. There were a good many persons sleeping on the same landing, I suppose? A. Yes; there are ten bedrooms on the same landing—all of them were occupied—there were not many strangers there—there were ten persons on the landing above—there is one bedroom on the left of Mr. Edden's room, and two just opposite his door—a person going to either of those rooms would not be seen going to the left—I did not hear the alarm that night.
JOHN MAYBERRY . I am chief inspector of police at Manchester. On 16th April, between 3 and 4 o'clock in the morning, I went to the Royal Hotel—after making some inquiries, I went to the room No. 40—I found Kingston there—I told him who I was, and I then told him there had been a robbery committed in the house—he was not wholly dressed when I went in; he was partially dressed; he had his trowsers on; he was in his shirt sleeves; I believe it was a shirt that he had on—I noticed that he had three letters on his arm, of which I made a memorandum; they are "R. C. D."—they are blue letters, such as sailors mark themselves with—I received these pliers from Mr. Hollins, the landlord—I applied them to the key of the room No. 42, in which Mr. Edden slept—I could turn the key with
them from the outside—I have tried several keys with it, and turned there—the lock of No. 42 was not a mortice lock.
ROBERT SHAW . I am cashier at M'Evers' steam packet office, Liverpool, I recognise Howard—on 18th April, he booked himself as a passenger to New York, by the Persia—this is his passage ticket (produced)—here is the name of "D. Allen" in my writing—I was instructed to write that name, not by the prisoner, but by the person whose duty it was to let the berth—Howard was present at the time—the person said to me in Howard's hear-ing, "Make a ticket for Mr. D." or, "B. Allen"—I made it out and give it to the prisoner—I never heard anything at all about the name of Howard until afterwards.
JOHN SCOTT . I am a detective officer, at Liverpool. (The witness was directed to apply the pliers to the key in the lock, which he did, and they turned the key with ease)—in consequence of information I received on 19th April, I went on board the Persia, she was then under weigh for New York—I there found the prisoner Howard—I said to him, "Good morning, Mr. Howard, how do you do?"—he said, "Very well"—I said, "Are you going out with us!" he said, "Yes"—I then said, "I want to see your luggage, to see your berth, to see if there is anything there that don't belong to you"—he said, "Yes," he would show me his berth—I searched him, and found this passage ticket on him—in a belt round him, I found 115l. 10s. in English gold, seventy-eight American twenty gold dollar pieces, thirty-two American tea gold dollar pieces, thirty-four five gold dollar pieces, two two and a half gold dollar pieces, forty-five one gold dollar pieces, and two quarter dollars in silver, and 4s. in English silver; it amounted altogether to about 535l. 16s.—I searched his luggage, and among it was this instrument (produced)—I have tried this to a door, it might answer the purpose of putting a key out of a door from the outside, where there is no projecting nipple—I have triad it to certain keys outside the doors, and found it to fit—nothing further passed between us that is material—I then took him into custody.
Cross-examined by MR. RIBTON. Q. Might it not answer a great many purposes? A. I might—it has the appearance of a latch key; there are three fangs to it, one is wider than the others—I have never seen a key in this country like it for iron chests.
MR. BODKIN. Q. You found a diamond ring upon him, I believe? A. I found two.
GEORGE HOSKINS . I am a jeweller in High Holborn. I know Howard—he called on me about six weeks or two months ago, in the early part of April, accompanied by somebody, who I believe to be Kingston, but I cannot say—he saw some rings, there was a conversation about buying a ring—no purchase was made then—Howard called again on Saturday, 12th April—I showed him a diamond ring—I think the price of it was 70l. or 75l.—he said he wanted it for investment, to carry to the States, and sell again—previous to that he asked me if I knew a Mr. Levison, a diamond merchant, that was when he first came—on 12th April, he came alone; I concluded a bargain with him for a diamond ring with a single stone, which I sold him for four 10l. notes, two sovereigns, and another ring which I had in exchange—I have got that ring, it has not been claimed—this is the one that I sold him, there is a mark inside by which I know it—I believe he showed me another ring at the time—I paid those four Bank of England notes away, but I cannot positively say to whom—I took no account of the numbers of the notes, except that they wero consecutive numbers, and they were quite fresh from the Bank—I did not notice the date of them—I know a Mr. Lovinger, in
Red Lion-square—I cannot swear that I paid either of the notes to him, I believe there were no marks on the notes that I should know them by—I have on different occasions paid him money—I paid him some money shortly after, I have not the exact date—I paid Mr. Ryder, of High Holborn, some 10l. notes—I kept no account of how many, there were two, I believe—I know a Mr. Woods—on 14th May, I paid a 10l. note, with others, into the Holborn branch of the London and Westminster Bank, to the account of Mr. Woods.
Cross-examined by MR. RIBTON. Q. Are you sure Howard is the man? A. Yes, the man that bought the ring—I cannot positively swear to the other.
SIEGMUND LOVINGER . I am a German, and live in Bed Lion-square. I received several notes from Mr. Hoskins on different days, and I paid one of them to Alfred Scudamore, a carman—I had to pay Mr. Oonseil 25l.—Mr. Hoskins gave me 50l., and I paid 25l. of it to Soudamore—I do not remember whether there was a 20l. note, I think there was.
Cross-examined by MR. RIBTON. Q. How do you know that it was on 6th May? A. Because I went there, and ako to Cranbourn-street, Leicestersquare—I had never had a 10l. note in my hand before, nor have I since.
Cross-examined by MR. RIBTON. Q. Did you make an entry of it in your book? A. Yes—my book is not here—I also paid in two 5l. notes and some cash, but no other 10l. note.
MR. RIBTON. Q. I suppose yours is an extensive business? A. Yes, very—I sometimes receive thirty, and sometimes fifty 10l. notes in a week—I believe I paid some to Mr. Ryder on 8th May—I paid a great deal of money to other persons between 12th April and 8th May, but I had not sent any to my bankers—I did not receive a large number of 10l. notes between 12th April and 8th May—I said that I sometimes received fifty in a week—I sometimes take 200l. or 300l. in 10l. notes.
MR. ROBINSON. Q. You have a clear recollection that those which you had from the prisoner were consecutive numbers and bore the same date? A. Not the date, the numbers were consecutive, and they wen fresh notes.
CHARLES SCHOFIELD . I am a clerk in the Bloomsbury branch of the London and Westminster Bank. I received this note, No. 00186, from Mr. J. S. Woods, the principal of Mr. Hoskins—that note was paid to Mr. Wood's account—there is no mark by which I can identify it.
wrote this letter (produced) to the American minister, and gave it to me; I gave it to the chief warder—from seeing him write, I have acquired a knowledge of his writing—this letter of 19th April, signed "Old Man, is, in my judgment, Howard's writing, and this other letter also—this signature of "Hall," or "Hull, Murley's Hotel," on this 100l. note, I believe to be Howard's writing.
Cross-examined by MR. RIBTON. Q. How often have you seen him write? A. I cannot say, but up to the time of my first examination at the Police Court, three times—I have a letter here (produced) which I saw him write in his cell, it is a request for a blanket, and I have seen him write since, but not more than three times, about half a dozen times altogether—he was nearly always writing when I went to his cell.
HOWARD— GUILTY of receiving. Aged 40.
KINGSTON— GUILTY of burglary. Aged 29.
(MR. ROBINSON stated that six bedrooms had been entered at the Great Northern Hotel in one night, while Howard was there, and money had been taken from five of them.) Five Years Penal Servitude each.
NEW COURT.—Monday, July 7th, 1856.
PRESENT—Sir FRANCIS GRAHAM MOON, Bart., Ald.; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
PLEADED GUILTY . Aged 36.— Confined Six Months.
RUSSELL PLEADED GUILTY . Aged 22.— Confined Twelve Months.
MR. LEWIS conducted the Prosecution.
JOHN COLEMAN . I am in the employ of Auguste Gugniere, a woollen draper, No. 35, Golden-square. The prisoner Russell was his porter—we missed some property—I discovered some on Russell, and in consequence of information I went with Mr. Smith to Grouse's premises—he keeps a shop at South-row—I met him outside his premises—the policeman told him he had come about some stolen property, which had been traced to his possession, and some duplicates which he had sold to the witness Smith—he said that he knew nothing about it—Smith said, "You had better tell the truth, because I have told everything"—Grouse then said he had got the goods to pawn from a young man who represented himself to be a traveller—he was then asked by the policeman why he sold the tickets to Smith—he answered, that the traveller had told him to pawn the goods, and if he did not return in a day or two, be could keep the tickets—I think the value of the property that Mr. Gugniere lost was nearly 200l.—a great deal of it is produced—this is part of it.
Cross-examined by MR. SLEIGH. Q. How long had Russell been in your employ at the time of his detection? A. About six or seven weeks—we had a character with him—he assumed an honest man's name, and got into our employ by false pretences—he imposed upon our house by his plausible manner.
ANTHONY SMITH . I am a tailor, and live in Prebend-street, Islington. I know the prisoner, and have been in the habit of dealing "with him—I called on him to buy some small pieces of cloth, to repair different things—after I had bought the things, he asked me if I would buy longer lengths, trowsers lengths and coat lengths—I said no, I could not spare the money; but that I had got a watch that I would not mind making change with him—I bought some duplicates of him, representing some silk and some cloth—these are them—here are thirteen—I bought the first six or seven for 12s.—he wanted 1l. for them—the others he brought to me on Sunday after-noon—I did not sell anything for them; I was to give him a breast pin and a trowsers length out of one of the cuts—I bought these duplicates at twice—I went to him after I bought the first lot, up to the Saturday before I bought the rest on the Sunday—my last dealing with him was on the Sunday, when I brought the second lot of duplicates—he called on me on 28th April, and asked if I would do him a kindness—I asked him what it was—he told me he had been offering some silk in pawn, and they had stopped it; he asked me if I would be so good as to claim it as my property—I went to the pawnbroker's, and claimed it—I received it from the pawn-broker, and kept it by Grouse's directions—I took him to the pawnbroker, and asked if that young man had left some silk there—they said, "Yes," and I said to the prisoner, "You may go"—I left the pawnbroker my card; told him it was my card, and if he found anything improper about it, to come to me—that was my address—I kept the silk, and the prisoner gave me 5l.
Cross-examined. Q. How long have you carried on business? A. Four or five years—I am a Welshman—I believe the prisoner is a German—I have known him about five months—he keeps a small shop, where tailors go to buy pieces to match—I have been dealing with him about five months—it is a part of his business to buy job lots, and sell them again, to profit—I did not think there was anything suspicious about it; I would not have done it if I thought there was.
Q. Did he not tell you that a person who represented himself as a com-mission agent, or a traveller for a house in Paris, brought these, and sold them, being short of money? A. He said for a foreign house he said the man represented that he was short ef money, and he was obliged to sell these things, to make remittances to his principals—he did not tell me that this man gave him his name and address, No. 6, Carnaby-street—after the pawning of the silk which I went to claim, I wanted to know who the men was, and he told me to go to Carnaby-street, and find this man, Henry—I went to Carnaby-street, and made inquiry about Henry, at the request of the prisoner—when I bought the articles they were lying on the counter; some were open to inspection, and some in a drawer.
MR. LEWIS. Q. How often did you purchase property there? A. I think twice; once with the tickets, and once afterwards—tailors must have long lengths in their possession—some you may almost call woollen drapers, they have long lengths on the counter, and on shelves.
COURT. Q. Are the goods that you bought, or redeemed, here? A. Yes—I afterwards gave the property to the policeman—all that I gave to
the policeman is what I bought of the prisoner, or redeemed myself with the tickets that I bought of him—this one (looking at it) I bought the duplicate of—these others I bought of him at 4s. 6d. a yard, all round—this one I redeemed by a ticket that I bought of him—this selvedge is off a bit I bought of him at 4s. 6d. a yard; I really forget what money I gave him—I gave him some money besides the watch—the watch was valued at 3l. 10s. or 3l. 15s.—I gave him a few shillings—I consider 4s. 6d. a yard a fair price—it was a very good price—I redeemed these for various amounts—one lot I paid 5l. for, that was silk, about seventy-three yards—that was one of the duplicates he brought me on Sunday, for which I gave the breast pin—I pawned it again for 9l—I had not bought that duplicate, it was only brought me on the Sunday, for which I was to give the pin—this is the one I gave 5l. for, and pawned it for 9l.—I was to give him the breast pin and the trowsers length—I knew it was wrong to claim goods that were not mine.
MR. SLEIGH. Q. Have you ever before said one word about this piece that you say you bought for 5l., and pawned for 9l.? A. Yes, I mentioned it to the policeman.
ALFRED HULL . I am assistant to Mr. Shout, a pawnbroker, Park-side, Knightsbridge. On 5th May the witness Smith pawned a remnant of silk serge, seventy-five yards, for 9l., and five remnants of doeskin, for 2l. 10s., in the name of John Smith, New-road.
PHILIP POILE . I am assistant to Mr. Sayers, a pawnbroker, in Brydges-street, Covent-garden. I have nineteen yards of silk and two trowsers pieces pawned on 26th April, in the name of James Rogers, No. 22, Oarnaby-street, for 3l. 10s.—I am not quite certain who it was, but I believe it was by the prisoner.
ROBERT JAMES WEBLING . I am assistant to Mr. Luxmore, of St. Martin's-lane, a pawnbroker. I have two yards of velvet and ten yards of silk, pawned on 26th April, for 1l. 15s., by the prisoner, in the name of James Rogers, of No. 22, Coventry-street.
JAMES WALKER (policeman, C 184). I took the prisoner on 6th May—I asked him how he became possessed of the property, the tickets of which he had sold to Smith—he stated that he had not sold him any—Smith told him I was a policeman, and he had better speak the truth, as he had told everything—he then said that a traveller from a French house had brought them to him to pawn.
HENRY RUSSELL (the prisoner). I was in the prosecutor's service—I knew the prisoner; I have frequently gone to his house, and taken him articles, which he has bought—he has frequently requested me to bring him more—I took him woollen goods, and he desired me to bring velvets, and satin, and silk goods, as they would fetch him more, and I could the sooner leare off stealing anything more from my master—I took him these things from time to time—I was often left in the warehouse, and I used to take these velvets, and silks, and other goods—I would immediately go to his
house, and he purchased them, of me—they are the property of the prosecutor.
Cross-examined. Q. Did you plead guilty at the last Session to the charge of robbing your employer? A. Yes—I pleaded guilty at Marlborough-street—I did not say I reserved my defence; I pleaded guilty last Session—I had not any attorney—no one spoke to me in the prison, and told me that if I pleaded guilty, and gave evidence against the other man, I should be recommended to mercy—I had no idea of being called as a witness on the part of the prosecution till a few minutes before I came into the dock—the counsel made the communication to me—I did not know till then that I should be examined—Mr. Lewis did not tell me that I should be recommended to mercy—this is not the first occasion of my making my appearance in a criminal court, but never here—on one occasion I received sentence of transportation—before that, I was merely taken for an assault, I was only in prison a few hours—I was convicted, and sentenced to be transported for tea years at Portsmouth—I was, not charged with an assault, with intent to rob—I was never charged with robbing my employer before this—I had been in the service of a person of the name of Bernay, at Portsmouth—I was sentenced to be transported for ten years, in 1850—I did not serve that out, I received a conditional pardon, and then my friends were gone to Australia—that was nearly two years before I went to the prosecutor's—I used to employ myself in copying, having received a liberal education—I did not communicate these facts to Mr. Gugniere—I gave him the name of some one to whom he might apply, and that was fictitious—as soon as I got into his employ I began to rob him—I had 8s. a week—I had not board and lodging.
(Grouse received a good character.) GUILTY . Aged 30.—Recommended to mercy by the Jury— Confined Twelve Months.
MR. LILLEY conducted the Prosecution.
ELEANOR HEARS . I am a widow, and live in Magdalene-street, Norwich. I was present at the marriage of my sister Hannah Woolner Plumstead, at St Clement's Baptist Chapel, Norwich, on 28th March, About seventeen years ago—I do not remember the year—I signed the register book—I saw my sister yesterday month, before I came up last Session—my sister was married to the prisoner in the name of Silas Chapman—he and my sister lived together up to the last six years, when he left Norwich—I did not live near my sister the latter part of the time—they lived in the country—for the first five, or six, or seven years, they lived in Norwich—he left about six years ago, I am not able to say the month—after the marriage they lived in a house of Mr. Springfield's, in St. Martin's-lane, Norwich.
Cross-examined by MR. SLEIGH. Q. Were they married at Norwich? A. Yes—the prisoner was not at that time master of the workhouse, he was living in the service of Mr. Springfield as groom—I cannot say how loug they lived together before any disagreement took place—I know they did not live very comfortably—ihey separated about six years ago—I believe he was the master of a workhouse.
Q. Were there not disagreements between them, and did they not arise from an alleged intimacy between your sister and somebody else?
A. They did not part on that ground—this man did not complain of the conduct of my sister; certainly not—he left my sister to get a situation—I never heard that he made any complaints of her conduct, as it regards other men—my sister has had a child since he left her—I never heard that before he left her he made complaints of her conduct towards other men—I cannot fix the date when I last saw this man with his wife—it is not more than seven years ago—I have never kept the date.
MR. LILLEY. Q. How long is it since you saw the prisoner in Norwich? A. About two years or two years and a half ago—I think my sister was then living close to Lowestoff, which is about twenty miles from Norwich, in the same county.
Cross-examined. Q. Is this the only source from whence your information is derived? A. No, I have the book here—the entries in the book are not my writing—the chapel is registered according to law.
Certificate read: "St. Clement's Chapel, 28th March, 1839; Silas Chapman, bachelor, and Hannah Woolner Plumstead, dress maker, married according to the rites and ceremonies of the Baptists, by me, James Prentice, minister, in the presence of John Bellin and Eleanor Plumstead."
HARRIET HANNAH PHILPOTT . I live at the Britannia coffee house, Limehouse. On 30th March, 1853, I was married to the prisoner, at St. Botolph's, Bishopsgate—I lived with him after the marriage till about 13th May in the present year—he represented himself to me as a bachelor at the time of our marriage—I was at that time a widow—I received information respecting him several times, but I had no proof of it—before our marriage I did not hear anything from him as to a former wife—I questioned him about it—he said he was a bachelor, and gave me a note to that purport.
Cross-examined. Q. How long did you know him before you were married? A. About six months—he was master of St. George's workhouse—he never said anything to me at that time about having had a former wife—I did not suspect him—I questioned him about it after the marriage; not before—I did not know or hear from him that he had been married previously, and that his wife was alive, before we were married—after our marriage my letters were directed to me sometimes in the name of Philpott—they were not particular letters—they were not letters that enabled me to get money, that I should not have got in the name of Chapman—when I was married I threw up my pension, but my life annuity I still claim—before I was married I was living with some friends of mine—I had a little property of my own at that time—I was living with a friend in the New Kent-road—I was earning my living by waiting and attending to the business—that was the only means I had of obtaining my living independent of my little pension of 12l. a year; that was the property I had when I married this man—I was not very much involved—I had many things in pledge, and there they are still—not things that he took out, not 6d. worth—even my pension money, when I took it, he demanded of me—after he married me he set up in business, in a coffee shop, in which he was when he was taken into custody—in that shop I lived with him nearly a year and a half—it might be quite that—he was carrying on that when I preferred this charge against him—he was taken out of that coffee house on this very charge by my direction—he was not supporting me, he never supported me—I
had to work for my living—I know a person named Stokes—he is not particularly a friend of mine; he is not assisting me—I was with Mr. Stokes when the prisoner pressed his addresses to me—at that time Mrs. Stokes was alive—since that she is dead—I have called at this gaol to see the prisoner; he wished me to do so, and I called—he did not through his friends endeavour to make some arrangement that the little business should be still carried on.
MR. LILLEY. Q. You had a pension of 12l. a year? A. Yes, that I receive—but I had 2l. 11s. a year which I gave up when I was married—when I was living with the prisoner I had to do the work, he was never in attendance to do so.
CHRISTOPHER LLOYD (policeman, K 297.) I took the prisoner on 13th May—I told him I did not wish him to say anything, but whatever he said I should take a note of, and mention it to the Magistrate, and whatever he had to say, he had better keep it—he told me that there was only one point that he cared for, that was, that he had married her in a wrong name; but which wife he meant I do not know—he said in the morning that he had heard that his wife had had a child by another man, and gone away—he said on that point, if I could get him over it, he would present me with a 5l. note—I told him I did not wish him to say anything.
SUSANNAH CHAPMAN . I live at Dockhead. I produce a certificate, which I obtained from the clerk of the Church of St. Botolph, Bishopsgate—I compared it with the register in the Church—it is a true copy—(Read: "Parish of St. Botolph, Bishopogate; Richard Charles Chapman and Harriet Hannah Philpott were married, after banns; 13th March, 1853.")
GUILTY . Aged 34.— Confined Twelve Months.
PLEADED GUILTY . Aged 53.— Confined Six Months.
PLEADED GUILTY . Aged 22.— Confined Nine Months.
PLEADED GUILTY . Aged 28.— Confined Eighteen Months.
OLD COURT.—Tuesday, July 8th, 1856.
PRESENT—Sir GEORGE CARROLL, Knt., Ald.; Mr. RECORDER; Mr. Ald.
CUBITT: and Mr. Ald. LAWRENCE.
Before Mr. Recorder and the Second Jury.
679. HENRY STEPHENS , stealing 8 chains, 1 bracelet, 2 watches, and 3 rings, value 63l.; the goods of Thomas Cockayne, in his dwelling house; and putting him in bodily fear by menaces and threats: having been before convicted: to which he
PLEADED GUILTY .** Aged 46.— Transported for Fourteen Years.
(A witness named Williams, who had been instrumental in the recovery of 60l. or 70l. worth of the property, was rewarded with 5l., by order of the CoUrt.)
PLEADED GUILTY . Aged 20.— Confined Twelve Months.
ALFRED MARSHALL . I am a surgeon, and medical assistant at Westminster Hospital. The prosecutor was brought there about a fortnight ago, in the evening, between 8 o'clock and 12 or 1, I cannot recollect exactly, as there are sometimes a dozen of these cases in the course of the evening—he had an incised wound across the nose, from one cheek to the other—it was rather deep on the left cheek, but was not bleeding very copiously—I put in three sutures, and strapped it up—it was exactly the sort of cut that might have been caused by a razor—I did not probe it, and do not know whether the cartilage was injured—I have not seen him since—the wound was continuous, and was exactly as if a razor had been stroked across the face—it would require considerable force to do it, because it went right into the muscles—it will disfigure him to a certain extent, there is a little scar.
EDWARD DOUGHERTY . I am the prisoner's husband, unfortunately—we live at No. 30, Gardner's-lane, York-street, Westminster—I was in work at this time, I had been at work at two different shops that week—on Saturday evening I got home about 10 minutes after 6 o'clock—I then had tea, and went out to market with my wife—coming home, about a quarter to 9 o'clock, there was a public house, and my wife said, "Go in here;" we did so—I drank a drop, she began to get quarrelsome, and in about five or ten minutes I left the beer on the table, and went home, and she followed me—I got home close upon 10 o'clock—I was sober, I had had a share of two pints with a shopmate of mine, at the King's Arms, at Pimlico—I went out after tea, and met a woman, who paid for some gin, and I had some of it, and then I had the beer at the Adam and Eve—I was in liquor, but was not tipsy; it did not deprive me of my senses—the prisoner told me that she had had a drop of gin extra; she was excited—when she got home she began to quarrel with me because she did not have sufficient money—I said that I had not any more to give her, and said, "I will not stand here and wrangle with you, I will go out and leave you"—she laid hold of my coat, and tore it off my back; I pushed her, and she laid hold of my trowsers, and tore them; I went to the street door—I was having my trowsers pinned up, the landlady opened the door, and I opened my door in the passage; that was about ten minutes after my wife tore my clothes—while talking to the landlady, my wife came out of my room, put her hand over the landlady's right shoulder, with a razor in it, drew it over my face, and said, "There, you b—, take that"—I had not struck her, I only pushed her when she tore my coat off—I was taken to a druggist's shop, and I must have bled a quart of blood there, and a great deal going along—I afterwards saw a razor in the possession of the constable; it was kept in a shaving box on top of a shelf in the room where my wife lodged with me, and was there that night.
Prisoner. Q. Did I ever do anything to you before, with all the ill usage you have given me? I never ill used you, or hurt the hair of your head; did I ever lock you up? A. Yes, that was in a fray when I was out trying to get a living—it was for violence to you—I was not convicted—yon would
not appear against me—it was something of a black eye—you were in St. George's Hospital for a month—that was through haying intimacy with a man daring my absence—you were in the hospital through an injury by me—you took the erysipelas, which caused it to be so long—it is longer than a month ago since I gave you a black eye—your eye was dosed for a day or two—I told you not to come to me where I was at work with that Mack eye, but you would come—I do not know that it bled from Tuesday to Thursday, because I had my work to attend to—I did not beg of you not to appear, I said that you could use your own discretion—I did not break your little finger by taking money out of your hand, or break your collar bone; it was through drink; you have been always an inveterate drunkard—it is twelve months or two years ago that you broke your little finger—remember your breaking your collar bone; you pitched off a chair on to the floor on your shoulder—I did not push you off, nor did I do it with a stick belonging to my father—there was no stick in the house, a man in George-street had brought it—I did not use a stick to you—you have greatly ill used me—five weeks ago you stabbed me in the mouth with a fork, in the passage—I have not frequently told you to go and make away with yourself, and go into the river, for that was all you were fit for—I have told you that you ought to be out of the world, and not to be mining me every week; after I had given you my earnings, I never saw a farthing of it after Tuesday—you have been a bad wife to me, as I can prove by the neighbours.
COURT. Q. Have you and your wife been continually quarrelling? A. Yes; I could not help it, when my earnings were squandered.
FRANCIS MESSENGER . I am a sawyer, living at No. 17, Blue Anchor-yard, Westminster. I saw the prosecutor and prisoner go into their house on this Saturday night, at a few minutes after 10 o'clock—I heard him ask her for the keys—she said, "Wait a minute"—they got into the passage, and then he got hallooing out, and said, "I will not stop here to be annoyed by a mad person like you"—she said, "Go on, go on," and he shut the door, and there was quarrelling—the prisoner did not appear to be in liquor, or excited by liquor; she might have been drinking by the way she went on—the lodger up stairs then came, and said, "Mrs. Dougherty, why do not you let the man alone?" and he came out, with bis coat and trowsers torn—the landlady came in about ten minutes, from her own house, next door but one; I saw him talking to her, and in from five to eight minutes the prisoner came out into the passage—the landlady said, "Come in doors; do not let anybody in the street hear what we are talking about"—the prisoner put her hand over the landlady's shoulder, with something bright in it; she drew it across his face, and he came out running, saying, "Here, look what my wife has done"—he walked to the doctor's, and she came out, wiped her hands on her apron, and said, "There must have been a man in the passage"—I said, "No; you did it yourself"—she said, "No, Piff; I will serve you the same"—at that time she did not appear excited by liquor.
Prisoner. Q. Did not you say that I said something about fourteen years, but what you did not know? A. No.
ELIZABETH HIGBEE . I am the landlady of the house in which the Doughertys live. Last Saturday evening fortnight I was called out of my house, and found Dougherty in the street, at the door—he bad had a little drink, but was not out of the way—his coat had been torn all to pieces, but a person had sewn his trowsers for him—I desired him, if he had anything to day to his wife, to come in doors and say it, and not create a mob—I
stood right opposite his room; the prisoner came out of their room, and gave him a back handed slap, but I saw no razor—the prosecutor ran out into the street, and said, "The razor! the razor!"—the prisoner walked back into the room, then came to the street door, and said, "My God! who has done it? I suppose it was the young man who stood in the passage, with the cap on"—I saw no young man in the passage—the prisoner might have had a couple of glasses of gin, but she knew what she was doing.
Prisoner. Q. Did not you see me with a severe black eye? A. Yes, about five or six weeks ago—it was not very bad when you were given into custody, but the blackness had not gone.
COURT. Q. Have they been in the habit of quarrelling? A. Frequently on Saturday night, when Mr. Dougherty came home with his money; then was generally drinking then, and that always created words—the prisoner certainly does drink.
WILLIAM BIDDLE (policeman, B 155). Last Saturday night fortnight I was called to a chemist's shop, Mr. Binns's, in York-street, Westminster, and found Dougherty there, bleeding profusely from the nose—I took him in a cab, in a fainting state, to Westminster Hospital; he was not able to walk—a I came out of the hospital I saw the prisoner standing outside, and Dougherty said, "That is the party who out my nose," and gave her in charge—that was after his nose was dressed—on the way to the station, she said that she could not think who it was that had done it; it must have been some me in the passage—she appeared perfectly sober—I went to the house, and found this razor (produced) on a shelf, by the side of the fireplace, and have had it ever since; there is a slight mark of blood on the handle, and likewise on the blade—this is the apron (produced), here are spots of blood on it—I should say, from her appearance, that she was perfectly sober—I told the Magistrate that she was a little excited—I do not remember saying that she was the worse for liquor—this is my signature to ray deposition; I believe it was read over to me before I signed it—I have no recollections of telling the Magistrate that she was the worse for liquor; she appeared a little excited, but I thought that was from what had occurred—she might have been drinking a little, but she was what I should call sober; she was evidently in possession of her faculties.
JOHN FREDERICK LANGFIELD . I am manager to Mr. Binns, a chenist. The prosecutor was brought there, bleeding very copiously from a wound on the nose—he lost very nearly a quart of blood—I bound it up, and sent him to the hospital.
Prisoner's Defence. I do not recollect doing anything; the blood on my apron was from a blow he struck me on my nose when we were on the floor; I have not the least recollection of anything afterwards; I have as recollection of seeing the razor; I have not a friend in the world.
GUILTY of illegally wounding. Aged 45.— Confined Twelve Month.
MR. COOPER conducted the Prosecution.
(In opening the case, MR. COOPER stated that the principal issue would be whether the prisoner was, or not, a married woman, and acting under the control of her husband, who was undoubtedly active in the matter; if, however that defence was offered, he was prepared to prove that the man Blewitt was already married to another woman, and, consequently, the prisoner, not being his lawful wife, could not rest her defence on that point. MR. BODKIN,
stating that this was the defence he should offer on the part of the prisoner, it was by consent arranged that the evidence of the marriage should be fast gone into. MR. BODKIN, therefore, catted the following witnesses:)
FREDERICK DREWITT . I am registrar for the district of St. Saviour's, Southwark. I produce the register, containing An entry of a marriage on 13th Jan., 1852, between Thomas William Blewitt, of full age, bachelor, clothier, of Tower-street, Lambeth, and Mary Shields, of full age, widow, tea dealer, of——street, Lambeth, married by banns, by S. Benson, Chaplain—I was the attesting witness to that marriage—I do not remember the person of the woman.
Cross-examined by MR. COOPER. Q. you knew nothing of the parties before? A. No, but I have no doubt she is the same woman that was married to Blewitt, from what she told me about a fortnight ago—I cannot speak to her appearance—the entry is signed by her mark, she could not write.
EDMUND EDMUNDS . I am a chemist, and live at No. 62, Charlotte-terrace, New-cut. I know the prisoner—I knew her before her marriage to Blewitt—she was the widow of a man named Shields—I knew her living with Blewitt as his wife, from 1852—I know Blewitt's handwriting well—I believe the signature of Blewitt to this register to be his writing—I know that the prisoner cannot write—she lived with Blewitt down to the time of this transaction—Blewitt hits since disappeared.
MR. COOPER in reply called
JOHN HARRIS . I am a baker, in the London-road. I know Blewitt; I think his name is William, I am not sure—I have known him for a great many years—I have known the prisoner for many years; I knew her when she was first married—I knew the former Mrs. Blewitt—I have known Blewitt living with the prisoner, it might be two or three years, in Nelson-square, Blackfriars-road—I knew another woman called Mrs. Blewitt, but I do not know whether she is alive or dead—I cannot say when I saw her last—it is about eleven years ago that I knew her living with Blewitt—I might have seen her since—it is a long time ago, it might be two, three, or four years—I had apartments in their house—I have been married eight years, and it was before I was married—there were children in the house—I do not know that they were Blewitt's children—I do not recollect hearing them call him father—I do not know how many children there were.
(MR. COOPER stated that he was unable to offer further evidence to sustain the previous marriage. The RECORDER was of opinion that the fact of the marriage with Blewitt was fairly established; and, having perused the deposition, considered the evidence affecting the prisoner separately, so slight, that it would be useless to proceed. The Jury, therefore, found a verdict of NOT GUILTY .)
MR. METCALFE conducted the Prosecution.
CHARLOTTE ODELL . I am in the service of James Heary Burton, of Tottenham. On 17th April I gave an order to the prisoner for a ton of coals, to be supplied from the Tottenham station; they were delivered on the same day—on 22nd April I paid the prisoner 1l. 2s. 6d. for them—he gave me this receipt (produced)—I saw him write it—this (produced) is the ticket that came with the coals.
Cross-examined by MR. LILLEY. Q. Can you read or write? A. I cannot write, I can read writing if it is plainly written—I do not think I can
read this receipt—he wrote it with a pencil; I asked him whether he would have a pen, and he said, "No"—(Read: "One ton Wallsend coals and carriage, 1l. 2s. 6d. Paid, Giles A. Clark.")
JAMES SHADBOLT . I ani a coal dealer, at Tottenham. On 19th April I sent to the prisoner, at Tottenham station, for a ton of coals, and got them—on the 22nd he called for the money, and I paid him 1l., and took this receipt—I saw him write it—(Read: "One ton Stewarts, 1l. by cash Giles A. dark. 22nd April")—on the 23rd I received another toe, and on the 25th two tons, from the same place—I paid the prisoner for then 3l. when he called on 26th April, before 12 o'clock, I think—he signed this receipt (Read: "Three tons Stewarts, 3l. by cash. 26th April. Giles A. Clark.")
Cross-examined. Q. Did you see him sign it? A. Yes—I will not were whether it was before 12 o'clock or after.
SAMUEL BRENT JONES . I have the management of the different blishments along the line, for Messrs. Prior—I have the appointment and superintendence of the clerks at the station—I appointed the prisoner to the Tottenham district—his duties were, the sale of coals, the collection of the accounts, and remitting them to London, with the cash, of Mondays and Thursdays—he has to state whether the sales are on credit or for ca and the cash received—these (produced) are the printed forms which we have—this letter (produced), requiring him to keep a sale book, has Mr. Alfred Prior's signature—he commenced that on Monday, 6th April—the first date is 7th and 8th April, and it was sent in on the 9th—he did not continue to return the accounts regularly; some weeks we had them regelarly, and afterwards found that he was irregular, and I questioned him on several occasions, and ordered him to send up the accounts—they did not come more regularly after that—I have an account made out for the 23rd and 24th, sent in on the 25th—the prior account to that was for the 21st and 22nd April, I cannot say when that was sent in—I do not find in either of these accounts an entry of 1l. 2s. 6d. received from Mr. Button on 22nd April, nor is there any entry of the coals further back than the 11th—I imagine that this return arrived in London the following morning—I find no sale entered to Mr. Shadbolt on the 19th or on the 23rd, and on account of 3l. paid by Mr. Shadbolt on the 26th—I have received we returns later than the 24th—to the best of my knowledge we have not received the money—I saw the prisoner on Saturday, the 26th, in come quence of certain irregularities, and requested to know what money he had; he said that he had some, and wished to put it off till the following Monday, and send it up—I said that I must have it before I left—he said that he would go and get what cash he had—he gave me a brown paper parcel; I asked him how much it was; he said, 19l. 10s.—that was about 3 o'clock in the afternoon—the cashier found that amount—we also found 2l. 4d. in the cash drawer used by the prisoner in the office—I am not awens whether he was in the office at all after that—some days afterwards I went over the accounts he had sent me, with the, foreman's book, and told the prisoner he was a defaulter of some 14l.; he treated it very lightly, and said that he owed us the money—he made several appointments verbally, to come and wind of his accounts, but did not keep them—I asked him on one or two occasions if he had any more money on his person, he said "No;" I said, "Have you at home?" he said, "No"—I gave him into custody on 15th May—on 21st May I received a letter from him and a statement of accounts—I have not got that account—he offered me a hill—this
(produced) is a letter which I found at home when I returned from the Magistrate's—the account is on the fly leaf—I believe it is in the prisoner's writing—(Read: "May, 1856. S. B. Jones, Esq. Sir,—I beg to hand in statement of account; I have endeavoured to find the money to settle it, but am unable; I will, however, give you security, payable at three months from this date. O. A. Clark." On the fly leaf were items, including eight days' salary, making a balance of 10l. 4s. 8d.—I did not accept that offer—I have never received any portion of the 10s. men-tioned there.
Cross-examined by MR. LILLEY. Q. Did you hire the prisoner? A. I did—I explained to him the duties which he had to perform—I explained it to him verbally—his salary was 28s. per week—he was not to have any commission in addition—I told him he would at some future time have a com-mission—I held out a hope that if he made a good trade at that station, at some future time he should be allowed a little commission; the amount was not to be determined as the neighbourhood would bear it; there was no arrangement made at all, I held it out as a hope that there should be some commission paid him at some future period—there was diasatififaction felt as to his management of the business, and he received notice to quit, which would expire on 3rd May—he received that notice on 26th April—I am engaged on the line between London and Peterborough—I have no know-ledge of the prisoner's coming to his office after 26th April; be might have come in my absence—I took his papers away from him when these errors were found out—I am not certain what date that was, it was two or three days after 26th April—when I told the prisoner that he was indebted about 4l. he did not to my knowledge object to the sum, and say that he had some claim on his employers; he handed the letter to me which has been read—Abraham Ward is our foreman at Tottenham—the prisoner was taken into custody on 15th May—there were three examinations before the Magistrate, at which he was present, and a fourth at which he was not present—stated that he had private aflairs in London which prevented nim attend-ing—I believe he was committed on 19th June—he objected at the station to the amount; he said that there was 1l. difference, that I said he owed 1l. more than he did owe—he was to render the account of coals supplied on credit—here is a column on this printed return, "Credit sales"—these accounts are in the prisoner's writing, here is his signature—I am quit sure it was his duty to render an account to me of goods supplied on credit—the foreman at the Tottenham station kept a small rough book—it was on Saturday, 26th, that I received the 19l. 10s.
MR. METCALFE. Q. Is it the foreman's duty to keep an account of the goods actually delivered? A. He gets the prisoner's initials for all moneys paid to him, he keeps a sort of check—the prisoner made no entries of ness after the 26th, he pleaded illness; he made no return for the 3l. he had received on the 26th, nor gave any account of it.
EDWIN CHARLES TAYLOR . I am cashier at the principal office in London. It is my duty to receive moneys from the various stations—I have never received from the prisoner 2l. 1s. 6d. paid by Mr. Burton; or 1l., or 3l. by Mr. Shadbolt, nor 10l., with which he debits himself on 21st May, or any portion of it.
BENJAMIN WARD . I am foreman in the yard at Tottenham. It is my duty to keep a book containing the sales, and also the receipts of money—I fill up the tickets, and deliver the coata if the clerk is not there—I find an entry in my book of a sale to Mr. Burton, on the 17th, and also entries
of sales to Mr. Shadbolt on 19th, 23rd, and 25th—it would be the prisoner's duty to look in my book when he made up his accounts, and sign it; he has done so—he signs this book when he receives the money—he has signed the receipt of this 1l. 2s. 6d., the 1l., and the 3l.—when he got the money of Mr. Shadbolt, he came and told me, and then he signed the book—I cannot say whether or not he looked at my book again when he made out his account, he could look at it any morning—I enter in this book what goes away from the yard.
Cross-examined. Q. You are in the employ of the prosecutors? A. Yes, I act for them in this matter—when the prisoner received the money in these instances he came and told me, and marked the book with his initials—he marked the book when he told me he had taken the money—I kept this book for myself against him, I keep it for the information of my masters, that they may see what business I am doing.
MR. METCALFE Q. Is it the practice for you, when you have taken money, to hand it over to the prisoner each morning? A. Yes, and he signs my book as a receipt to me—the receipt of the 3l. is not entered here on the 26th; there is the 23rd and the 25th—he came backwards and forwards after the 26th, I cannot say whether he attended to business, he used to come in and go away again, I was ordered not to pay him any money, he made no entries at all.
COURT. Q. When did you receive orders not to pay over any money to him? A. I cannot exactly say the day—I think he had no opportunity of seeing this book after I received that order; he had no occasion to see it after I had paid him the last money—I cannot say whether he asked me to show it him—I took care that he never saw it after he had been to the Magistrate—this book is never sent to the office in London, I keep it—it is not kept for Mr. Jones's inspection, merely between me and the clerk, I keep it as a check against him—I did not receive any directions from my employers to keep it, the clerk brought it to me—I enter in this book all that I send out, and the prisoner comes, looks it over, and that which he has received the money for, he signs, to show that I have been right in sending it out; that is all this book is for—this signature is his authority for what I have done; and if I pay him any money over he signs it—his signature is an acknowledgment that the transaction, as far as I am concerned, is right—I do not collect the money, he signs when he receives money himself in order that I may know who has paid, and not send for it over again—the prisoner himself brought this book to me, and ordered me to keep it.
JURY to SAMUEL BRENT JONES. Q. Had you any check on the accuracy of the prisoner's accounts; suppose he made an incorrect entry, how would you check it? A. By balancing the stock on hand—this book is a private book between the foreman and the prisoner, kept for the foreman's security—the employers' book is never checked with the foreman's book—I went through the accounts afterwards, when I made inquiries into this matter, finding there was something wrong—I never inspected Ward's book until then—I knew the amount of business done, by the returns, not by this book—this book is the property of the Company—when we opened at this station I took the prisoner down there in my chaise, and we took with us such stationery as we thought would be necessary to carry on this business; amongst which was this book—I did not give him any particular directions as to how this book should be used—I advised Ward to take Clark's initials as to all moneys he received—I never inspected it.
(MR. LILLEY submitted, that by the prisoners picking his initials to the
entries in the book kept by the foreman he had in reality accounted to his employers for the receipt of the money; and that there was, therefore, no case of embezzlement to go to the Jury. The RECORDER was of opinion, that it was a question for the Jury, upon the evidence, whether the book in question was intended to reach the knowledge of the employers, or whether it was merely confined to the prisoner and the foreman.)
GUILTY . Aged 40— Confined Four Months.
MESSRS. SLEIGH and POLAND conducted the Prosecution.
JOHN VINTON HUTCHINS . I carry on business as a ribbon manufacturer, at No. 25, Wood-street, Cheapside; I have one room on the second floor. On Saturday, 31st May, I locked up my premises, and left them perfectly safe—on Monday morning I went, and found the padlock broken, the premises had been entered, and I missed the whole of my stock of ribbons, worth 600l., except a very small portion—they consisted of a quantity of lutestrings and Petershams, which are waist ribbons, and these narrow Petershams for the neck, but the bulk were wide, for the waist—there was also a small quantity of black gauze ribbon—I immediately communicated with the officers, and on 24th June, from what they told me, I accompanied two officers to the shop of William George Wilson, in Beech-street, Barbican—that is a low neighbourhood—I saw the officer Foulger find a quantity of lutestrings, Petershams, and gauze (produced)—they are of a similar quality to what I lost; they are mine—I haw no mark on them—here are three patterns of Petershams, in a variety of colours—they are manufactured exclusively and expressly for me by one manufacturer, who is here to-day; I only sell them to respectable retail drapers, of the first class—I have sold as large a quantity of Petershams to one customer—I find here two pieces of Petersham, in an undressed condition and unwatered—I have them dressed and watered in London; they are almost invariably sold dressed and watered—I have occasionally sent out one or two pieces in this condition, but a very small quantity indeed—I have no doubt that these two pieces are my property, but cannot say whether I have sold them at any time—it is not so rare that it would excite suspicion to have it—the value of the property here is about 17l.; the Petershams are about half that value—I have seen some ribbon purchased by my wife, it was Petersham, similar to what I find here—I sell it to the retailers at 31s. a piece, rather more than 10 1/4 d. per yard—some of the lutestrings were rolled on blocks—I find the rolls are nearly all cut; they are about one-third of what they were when taken from my place, as if some had been sold—when William George Wilson was taken, this property was taken possession of—I never send out ribbons of this sort without blocks, and it is very unusual for them to be kept in a draper's shop in this way—on the same evening, the 24th, I went with two officers to the shop of John Wilson, No. 19, Clare-street, Claremarket—I judged that it was a draper's shop, but it was in the middle of the night; it is rather small, but not so small as the other—I saw a quantity of lutestrings and Petershams (produced) taken possession of by the officers; among which were these ten pieces of Petersham, in an unfinished state, neither watered, dressed, nor on blocks; also some lutestring similar to what I lost on the night in question—these two rolls of lutestring I speak to from certain marks—the value of the property found in William
George Wilson's shop is about 70l., out of which the Petershams were worth 60l.—during the time I have been in business I have never sold so large a quantity of Petersham ribbons to any customer, nor have I ever sent goods out in this state, without blocks, and without dressing, and many of them are half pieces—it is very uncommon for us to sell half pieces—the largest retail shops generally buy these in quarter pieces, nine yards long, or in eighths—I found among the Petersham ribbons at John Wilson's shop some similar to what my wife purchased—the waist ribbons I sell at 31s. the piece, except one pattern, which is 30s.; my wife purchased some of that—I should sell this at about 10d. a yard; I do not pay as low as 6 3/4 d. per yard—one of these three patterns found at William George's shop was only ordered of the manufacturer about two months previous to the robbery, and came into my stock about a fortnight afterwards, and some colours which were in my stock were ordered as late as three weeks before the robbery, and were not in my stock till ten days or a fortnight previously, and some of the others, found in John's shop, the same.
Cross-examined by MR. RIBTON. Q. Do you recollect all the conversation that passed? A. No—I was present the whole time, and heard the whole of the conversation; it was late in the evening, half past 9 or a quarter to 10 o'clock—there were two females in the shop also—there were other ribbons in the shop—I selected most of these myself—some portion of the lutestrings were in the window—I have no doubt of those being mine, but should not like to swear to them—they were mixed up with others, and I picked them out—the constable asked William George how long he had had them, referring to the waist ribbons, and he said, "Six months," I think, but I do not distinctly recollect—I was looking through a box which contained all the waist ribbons when the question was put, and the answer was given—I afterwards heard him say, "No, I do not mean those," as having purchased those months ago, "I mean these," or something to that effect—I cannot recollect the exact words—there are blocks to the lutestrings, except the narrow ones—I sell a great many to retailers in London, but the greater part of my customers are in the country—I have no knowledge of white ribbons being sold in this way—it is a very peculiar trade—persons are sometimes pressed for money, and send out goods to be sold by a certain day.
MR. SLEIGH. Q. Are lute ribbons a peculiar kind? A. Yes, they are used for bonnet strings—at the time William George was asked how he became possessed of these ribbons, they had not been collected from the various parts of the shop; we were just commencing to search—no portion of the Petersham ribbon had been taken possession of then; there was none in the window.
SARAH HUTCHINS . I am the prosecutor's wife. On 24th June I went to the shop of William George Wilson, No. 39, Beech-street, and after making some small purchases, asked for some waist ribbon, and bought a yard, and also a yard of lutestring (produced)—I paid 6 3/4 d. per yard for the waist ribbon, and the same price for the lutestring—I was acquainted with my husband's stock of ribbons, and recognized some of them, of which I am quite confident—I bought also three waist bands at John's house, in Claremarket, and three yards and three quarters of Petersham, at 6 3/4 d.; they were three different patterns—I did not see them about, they were in a drawer, and were taken out, and he said, "This is a beautiful rich article, and it is all silk"—that was not one of the prisoners; he said that if it was sold in a regular way, it would fetch 15d. a yard.
COURT. Q. What was the moaning of that; were not you buying in the regular way? A. Yes—I paid for it; I understood that he bought them very cheap, and I said they looked very good—I saw neither of the prisoners.
MR. SLEIGH. Q. Was it a shopman? A. Yes—the Petersham ribbon, in Beech-street, was taken out of a drawer.
Cross-examined by MR. RIBTON. Q. Are not ribbons always kept in drawers? A. Very frequently they are.
JOHN FOULGER (City policeman, 89). From information I received on 24th June, I went about half past 9 o'clock at night to the shop of William George Wilson, No. 39, Beech-street, Barbican, accompanied by Bull and Mr. Hutchins—I saw William Wilson in the shop, with two females—I said, "Mr. Wilson, I have come to inquire about some ribbons you have bought lately"—he said, "I have bought none lately, but you can see what ribbons I have got; there they are," pointing to some on a shelf behind the counter—I looked at those ribbons; they were lutestrings, not Petershams—I then said, "We are two officers (we were in plain clothes); we believe you have more, and must see"—he said, "Very well"—we then commenced a search, and he assisted us—in a box, standing on the counter, we found sixteen or seventeen pieces of Petersham ribbon, which have been produced; Mr. Hutchins identified them—I then said to the prisoner, "They are stolen ribbons; can you tell me how you came possessed of them?"—he said, "I bought them in the City"—I said, "The City is a very broad term; can you tell me at what house, or of whom you bought them?"—he said, "No, I have had them some months"—I said, "Have you any invoice?"—he said, "No"—I said, "Have you any account in your books?"—he said, "No, I never keep books for anything"—we told him his account was unsatisfactory, he must consider himself in custody—I believe he said, "Very well"—Bull then took him to the station, and I took possession of the property—we completed our search, and found these lutestrings in drawers in different parts of the shop, and six or seven pieces in the window—none of the Petershams were in the window, or to be seen in any part of the shop; they were in boxes; the principal part of them were in this box.
Cross-examined by MR. RIBTON. Q. This conversation you are, of course, repeating from memory? A. Yes; I did not take it down—when he said he had purchased them in the City, the Petershams had just been identified by Mr. Hutchins, and were then on the counter, in this box—there were a quantity of other ribbons by them, and goods of various description; but he was questioned as to the particular goods in this box.
JOHN MARK BULL (City policeman, 151). On 24th June I accompanied Foulger and Mr. Hutchins to William Wilson's shop—I heard Foulger say to him that the lutestrings were stolen property, and he answered, "I bought them months ago"—I said, "They, have not been stolen a month"—he said, "That is when I bought them"—I took him into custody, and took him to the station—the charge was there read over to him—he said, "I have no further answer to give than what I have already given."
Cross-examined by MR. RIBTON. Q. I believe you left some ribbon at his house, and went for it again on the following day? A. Yes; I found it
there; it was twenty-six pieces of gauze—when he said that he had purchased them months ago, he was alluding to the lutestrings.
MR. SLEIGH. Q. At the time he said that, had any other of the ribbons been found except the lutestrings? A. They had not, except the Petershams, I should say—it was the Petershams he referred to—they had been found and collected at the time the question was put to him, and when he made that answer.
JOSEPH COMBER KNIGHT (City policeman, 437). On the night of 24th June I went to the house of John Wilson, at No. 19, Clare-street, Claremarket; it is a drapery, haberdashery, and millinery shop combined; it is a moderate sized shop. I was in plain clothes, and was accompanied by sergeant Hewlett; Mr. Hutchins did not go with us; he came afterwards—I saw John Wilson at the back of the shop, and told him we should like to speak to him privately—he took us up stairs, into his sitting room—I told him we were both police officers, and we had received information that he had bought a considerable quantity of ribbons lately—he said, "No, I have not"—I said, "You are certainly not bound to answer any question that we may put to you"—I took from my pocket the three pieces of ribbon that Mrs. Hutchins has produced, showed them to him, and asked him if he had not bought some of that kind—he said, "Oh, yes, I have bought a lot of these"—I said, "Who did you buy them of?"—he said, "I bought them of a traveller, or an agent"—I asked if he had an invoice with them—he said, no, he had not—I asked if he knew the name of the person that he bought them of—he said, no, he did not—I then asked what quantity he bought of him—he said he should decline to answer that question—I asked if he had any account of them—he said he had a memorandum of them at the time he bought them—he did not show me any—I then went down stairs with him, and we saw twenty-seven pieces of ribbon, chiefly Petersham, in a green box—he showed them us—we then waited till Mr. Hutchins came, and after he came the prisoner directed his shopman to bring down the remainder of that lot of ribbons from up stain; and he brought down a paper parcel, and a hat box, containing ninety-three pieces in the two—what he told the shopman was to bring down the remainder of that lot of ribbons; the shopman had seen the others; in fact, he called the shopman up to him in the private room, and they had some conversation together, which I could not exactly hear—Mr. Hutchins identified the property—while they were searching the shop I went up stain with the prisoner; he wished to go up; and after we came down, and they told me they had looked the place entirely over, I asked him if he would show me the memorandum, or show me an account of them in his books—he said there were the ribbons, he considered he had accounted very satisfactorily for them, and he should answer no further questions—I told him I considered his account not at all satisfactory, and I should take him.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Was not his brother's name mentioned in the course of the conversation? A. It was, by sergeant Hewlett—he then declined to answer any further questions, at first—we remained there nearly two hours—he desired us to search every part of the shop—he gave full permission to search every place—we searched the house also—he appeared to be carrying on a good business—we had some refreshment there, one glass of porter each—I treated him as a respectable tradesman, and he treated me with the respect due to an officer—I cannot say that I heard Mr. Hutchins say, "Well, really Mr. Wilson has behaved in a very
candid manner"—I think Wilson said to Mr. Hntchins, "I hope, Mr. Hutchins, you don't think that I knew these were stolen"—I did not hear Mr. Hutching say, "I really do not think you did"—there was no concealment—he did not show me the memorandum or the books.
EDWARD HEWLETT (police sergeant, M 29). I accompanied Knight to John Wilson's shop—I heard Knight tell him that he need not answer any questions, and I likewise told him so myself—I then said, "Mr. Wilson, where did you purchase these ribbons? did you buy them at your brother's, in the City, or where did you buy them?"—ha said, "I shall decline to answer that question"—I then asked him where he saw the ribbons, if he did not buy them at his brother's—he said, "No, I did not, but I saw the patterns there"—I afterwards assisted in searching the place.
JURY to JOHN VINTON HUTCHINS. Q. Do you ever send out ribbons without an invoice? A. No, not even if they are purchased in the ware-house, and paid for before they are sent away—some portion of these ribbons had been in my possession about a fortnight—they were all this season's style, new made goods.
(A number of witnesses deposed to the prisoners' good character.)
NOT GUILTY .
NEW COURT.—Tuesday, July 8th, 1856.
PRESENT—Mr. Ald. COUBITT; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY . Aged 18.— Confined Nine Months.
PLEADED GUILTY . Aged 23.— Confined Six Months.
PLEADED GUILTY . Aged 24.— Confined Six Months.
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.
WILLIAM WESTON . I keep a cook's shop, in Marylebone. On 12th June the prisoner came to my shop, between 2 and 3 o'clock in the afternoon, she had some meat and vegetables, which came to 3 1/2 d., she paid me with a shilling—I gave her 8 1/2 d. change, and put the shilling into my apron pocket—I had no other money there—previous to the prisoner going away, another woman came in, and bought similar to what the prisoner bought, to the amount of 3 1/2 d.—she gave a shilling, and had change for it, and she and the prisoner went away together—that other woman came in again, and passed another shilling for the same things again—I put all those shillings in the same pocket—I saw the prisoner again in ten minutes or a quarter of an hour—two or three other persons had come in, and I put the money I received from them into that pocket also, but one of them paid in
coppers, and another paid a 4d. piece—I had no other shilling—the prisoner had some meat and vegetables, which came to 2 1/2 d.; she gave me another shilling—I gave her change, but the shilling was bad—I called her back, and took the change from her, and the meat and vegetables—she wanted her shilling back, and said that it way good—I marked that shilling—I then looked in my pocket, and found the other three shillings were all bad—I gave them to a policeman, and gave the prisoner in charge.
Prisoner. Q. Do you say I came into your shop twice? A. Yes—no doubt there had been persons in my shop before you came—I did not take a handful of silver out of my pocket—I had no silver—I took the halfpence out of my pocket, and the sixpence out of the till—you had a person with you, I cannot tell who—you did not say that you had taken the money in Baker-street—I did not stop you when you came the second time, as I had not then discovered that you had given me a bad shilling—you refused to go away without your change, and contended that it was a good shilling—you did not say in my hearing, "Here is the policeman, I shall be searched."
HENRY KIMBER (policeman, D 65). I went to the prosecutor's house—I found the prisoner there, and took her into custody—the prosecutor gave me these four shillings—the prisoner said she was very willing to go, but she had not passed it.
Prisoner. I am a poor widow, with five children; you can send for my character to Mr. Jeremy, I have paid him 11l. or 12l. at a time; I never, was guilty of such a thing in my life; sergeant Cox knows me.
WILLIAM COX (police sergeant, F 4). I know the prisoner well by sight, by selling things in the street, and buying things in Covent-garden market—I never saw her in custody, nor heard anything against her.
GUILTY . Aged 38.—Recommended to mercy by the Jury.— Confined
MESSRS. ELLIS, JUN., and BODKIN conducted the Prosecution.
ANN HOVELL . My husband keeps a grocer's shop, in Elizabeth-place, Holloway. On 9th June the prisoner came to the shop, between 3 and 4 o'clock—he bought half an ounce of tobacco, which came to 1 1/2 d.—he gave me a shilling, I gave him 10 1/2 d. change, and directly he was gone out of the shop I looked at the shilling, and found it was bad—I had no other money in the till but two sixpences—I took the shilling, and showed it to a young man who was painting the shop—I marked it, and put it in my desk—on 25th June I saw the prisoner again; he asked for 1 1/2 d. worth of cheese, he tendered me a shilling—I saw it was bad, and told him so—he said he was not aware of it—I told him he had been in the shop previously, and passed bad shillings before—he made use of bad expressions, and said he had never been in Holloway before—I sent for a constable, and gave him in charge—I gave the two shillings to the constable—I am quite certain that the prisoner is the same man who came on the 9th and on the 25th.
Prisoner. Q. On what day did you receive the first shilling? A. On 9th June—the moment you left the shop, I opened the till, and found it was bad—I showed the shilling to a painter, and he said, "Be on the watch, he will come again"—I did not give that shilling to my husband, I held it in my hand—what I gave to my husband was another shilling,
which I have in my pocket, which I believe I received from you—I afterwards saw you with the woman with whom you came into the shop the first time.
Prisoner. It is a great falsehood to say I tittered the first shilling; I was not at Holloway at that time, I was at Woolwich; the other shilling, on the 25th, I had taken of some person; I had only 1d. beside; if I had had enough to pay for the cheese, I should hare paid for it; I do not know who I took the shilling of.
GUILTY . Aged 35.— Confined Six Months
MESSRS. BODKIN and ELLIS, JUN., conducted ike Prosecution.
ANDREW BURNS HARDY . I keep the Constitution public house, in Bedford-street, Covent-garden. On 1st July, about a quarter past 10 o'clock in the evening, the prisoner came—a female was with him—he called for half a quartern of gin, I served him—he tendered a shilling—it was given to my wife, and she passed it to me—I examined it, and it was bad—I saw that the shilling which was handed to me was the one that the prisoner gave—I told the prisoner it was bad, and he tendered another shilling—I went for a policeman, but could not find one—I took the prisoner to the station and gave him in charge—I gave the shilling to the officer.
Prisoner. Q. How far is it from your house to the station? A. Five or six minutes' walk—you went with me to the station after I put my hand on your collar—you made no resistance.
COURT. Q. Did he offer to go before you took hold of him? A. No.
WILLIAM COX (police sergeant; F 4). I received charge of the prisoner at the station; I received this shilling—I found on him a half crown, 3s. 6d., and 1 1/2 d. in copper—I gave the half crown to the inspector, he said it was bad—the prisoner said, "It must have been changed between the two of you"—there is no truth in that—I never lost sight of it, nor of the prisoner, nor of the inspector.
Prisoner. Q. When you took the half crown, you counted it with the other silver; you did not detect it to be bad till you passed it to the inspector; you supposed it to be good? A. Yes.
Prisoner's Defence. It took five minutes to walk to the station, and if I had known the half crown was bad, it stands to reason that I should have tried in some way to get rid of it—I had no knowledge of it whatever.
GUILTY .— Confined Nine Months.
MR. PAYNE conducted the Prosecution.
WILLIAM COOK . I live at 25 and 26, Banner-street, St. Luke's, and am a fancy trimming manufacturer. I live at No. 25, and No. 26 is the ware-house—there is an internal communication between them—this silk (pro-duced) was safe in my house on the night of Thursday, 5th June—my premises were safe that night at half past 10 o'clock—I was called up by a policeman, between 4 and 5 o'clock on Friday morning—the street door was broken open from inside, and on searching I found that the grating of the kitchen window had been taken up with a crow bar, and put down again
—taking that up would enable a person, by opening the kitchen window, to walk from the kitchen up stairs—these are samples of my silk, what I lost was about 130lbs., it was worth 150l. or 160l. in money—I saw the silk again about 7 or 8 o'clock on Friday morning.
GEORGE EADES (policeman, G 240). On Friday morning, 6th June, I was on duty in Banner-street, St. Luke's—about 10 minutes before 5 o'clock, I found a constable standing at Mr. Cook's door—I went into the house, and found in the passage this iron chisel, and this lamp, on a seat in the passage—I examined the premises and fitted this iron to a door inside—the box of the door lock had been wrenched off—I fitted this iron to the grating outside—there was a dent in the wood, as if this had been used to raise the grating.
ROBERT LISTER . I am a cab driver, No. 7,892. The plate had been lent to Mr. Smeaton—I was on the stand at Old-street, St. Luke's, on the morning of Friday, 6th June—at a little after 4 o'clock that morning, the prisoner Jackson came to me and told me he wanted me to go and take up in Coleman-street, St. Luke's—he rode on the box along with me—when we got to Coleman-street, there was some scaffolding, and a young man was standing there with a blue coat on—Jackson said, "That is the young man you are going to take"—I cannot tell who the young man was; I did not see him at the police station that I could swear to—the person I saw was very much the stature of the man, but having a different dress on, I could not swear to him—Jackson got off the box and went up a court with the young man—I did not go up the court—they came out and brought a basket, and put it in the cab—then the other young man went and fetched four brown paper parcels, and put them in the cab—he then got in himself—I saw him when he brought the parcels, and when he got in the cab—Jackson got on the box, and the other young maa inside told me to drive down Bethnal-green-road, and he would tell me where to stop—I went, and stopped just before we got to Essex-street—he told me to go down there, and turn to the right—he got out and went to the left—he went to a house in Essex-street, and looked up at the window—I said, "That man is gone"—Jackson said, "That is all right, he will be back directly"—the young man then came back, and told me to drive away for about a quarter of an hour and then the person would be up—I drove away—I did not see anything more at that time of the taller one—I was gone about a quarter of an hour as near as could be; and in going down Essex-street again, an officer came, caught my horse by the head, and said, "Where are you going with this cab?"—I said, "Don't hold my horse, I am quite capable of driving my horse; I will go where you please to tell me"—he went to Bethnal-green, Old-road, and then drove to Bethnal-green station, and then to Old-street—I was taken and remanded for a time, and then discharged—the taller prisoner, Fowler, is very much the stature of the other man—I have every reason to believe he is the person—he had a dark blue coat on.
Cross-examined by MR. DOYLE. Q. Were you taken into custody? A. Yes, I was locked up for a week—at the second examination the policeman asked me if Fowler was the man—I said he was very much the height of the man, but I could not swear to him—I went to Essex-street, to a house opposite to a public house, and that young man knocked at a door—I might be there about five or six minutes—it was morning, I could see the young man quite plainly—he looked at me, and I looked at him—I did not look particularly at him, I wish I had—I could not undertake to say that Fowler is the person.
WILLIAM KNIGHT . I live in Cambridge-road, Bethnal-green, and am a lamp lighter. On Friday morning, 6th June, I finished putting out my lights a few minutes before 4 o'clock, and I was in Old Bethnal-green-road, opposite Essex-street, as nigh as possible, at 20 minutes to 5 o'clock—I saw a cab come up Essex-street—it drew up opposite the Barley Mow beer shop—I saw the prisoner, Fowler, get out of that cab—he went to the back door of the Falcon public house, and knocked with his knuckles; I stood and watched him—the prisoner Jackson was on the box of the cab, and the caiman, Lister—while I was standing watching, the policeman, 242 K, came up; I spoke to him—while I was speaking to him Fowler ran from the back door of the Falcon to the corner of Elizabeth-street, up Elizabeth-street, into the Hackney-road, and got away—the constable went to look after Fowler, and the cab drove away—I left the constable while I went to lock up my ladder in Union-square—I afterwards saw the cab in New Bethnal-green-road—I went, called a constable, and ran with him—he stopped the cab.
Jackson. You say you watched this man knock at the door of the Falcon, and the caiman says that the other man came and spoke to him in a quarter of an hour, and if you had been watching, you must have seen him.
Cross-examined. Q. You tell us the time was 20 minutes before 5 o'clock? A. I think that was about the time, as nigh as possible—I saw Fowler go to the corner of Elizabeth-street—he ran away—I did not see him any more—the constable went after him—the constable told me to stand and watch the cab—I watched it, and after the constable came back I went to put away my ladder; but while he was gone after Fowler the cab had gone away—I see a good deal of the police, being out in the night and morning, and sometimes we pass the time of the morning—I do not assist them in taking persons—I do not know that I had seen Fowler in my life before—I had seen the policeman two or three times—I saw Fowler again at a public house opposite Clerkenwell police court, with Jackson's wife—I did not hear that Jackson's wife is a relation of his—he was not in custody when I first saw him—I induced them to take him—Jackson's wife had been pointed out to me before—the police had taken two or three persons on my description, and when I saw them I said they were not the men—on the Wednesday morning, Evans, of the G division, told me that that was Jackson's wife—I did not at first say Fowler was the man—I went close to him that I might be positively sure he was the man—directly I went up to him I was positive, and I fetched two officers to take him—when I saw him the first morning, he was in Old Bethnal-green-road—the front of the Falcon is in Essex-street, and the back in Old Bethnal-green-road—I stood at the corner of Essex-street—I suppose I was twenty yards from him—when I saw him with Jackson's wife, I did not at once say he was the man—I took time to make up my mind—when I went close to him I was sure.
MR. PAYNE. Q. How was Fowler dressed? A. On the morning I saw him at the Falcon back door, he had a blue jacket on—he was not dressed in the same way afterwards.
JOSEPH POOLE (police sergeant, K 23). On the morning of Friday, 6th June, I was on duty in Punderson-buildinga, Bethnal-green-road, that is about a quarter of a mile from the Barley Mow—about 2 minutes past 5 o'clock I saw the prisoner Fowler, in company with another man whom I knew—they were going in the direction of Bethnal-green Church—they were further away from Banner-street than the Barley Mow is—I spoke to
the man whom I knew, and I followed them to nearly opposite the Church—I had an opportunity of seeing Fowler that time—I walked five or six yards behind them the whole way—Fowler was dressed in a dark blue pea jacket, brown trowsera, and a cap.
Cross-examined. Q. Do you know the Falcon? A. Yes, it is in the Bethnal-green Old-road—I was in Bethnal-green New-road—the Falcon and Barley Mow are very near together—the Barley Mow was between me and Banner-street—the men passed me in the road, and I walked after them—Elizabeth-street is between the Old-road and Hackney-road—if you went up Elizabeth-street you could get into Hackney-road, not into Bethnal-green-road—I had never seen Fowler before—the next time I saw him he was in custody—I am quite sure he was the person.
JOHN JENKINS (policeman, K 242). I was on duty on Friday, 6th Jane, in Essex-street, Beth nal-green-road, about a quarter before 5 o'clock—I saw a cab driving down Essex-street and along the Old Bethnal-green-road—they came to the Barley Mow beer shop, Jackson was on the box—they stopped at the Barley Mow about ten minutes—I did not see them till they returned again to Essex-street, in ten minutes or a quarter of an hour—I stopped the cab, and asked the cab man where he was going—he said the party that was inside was gone—that was the man who had been riding in the cab, that I did not see—I looked into the cab, and saw the silk that has been produced and identified by Mr. Cook—I showed him the same silk that I saw in the cab—I took Jackson into custody—I found on him this pocket handkerchief, some lamp cottons, some lucifers, two duplicates, a skeleton key, and a knife.
Jackson's Defence. He says it is a skeleton key; where I live, it was dropped to me out of a window, and one ward was broken; I have had it in nry pocket ever since; I was going down Old-street at 4 o'clock that morning, I saw a man standing at the corner of a street, he asked me to go for a cab, as he had got some goods to take to Bethnal-green; I went, and came back with the cab, and the young man put the property in; he asked me to go with him, and we went to Essex-street; he went'and stood at the corner of Essex-street, and he said the persons were not up; he said, "Drive away," and we drove away, and as we were coming back we were stopped by the policeman; that is all I know about it; if I had been guilty, I could easily have jumped off and ran away; this prisoner is nothing at all like the man that I got the cab for.
MR. DOYLE called
JAMES BLACKHURST . I am foreman in the dye house that used to be Mr. Atkinson's—the last three years it has been Mr. Howton's, in Lamb's-passage, Chiswell-street—Fowler came there a lad, and has been there twelve or fourteen years, up to the time he was taken into custody—we do not have anybody there with a bad character if we know it.
Cross-examined by MR. PAYNE. Q. Where did he live the last six months? A. He worked at the dye house, and lived, I believe, in Brick-lane, Old-street—as far as I know, he has been working at the dye house, where he has been employed many years—he has not been at my place lately—I have always heard he has been at work.
COURT to JAMES BLACKHURST. Q. Was he in your employ till he was taken into custody? A. He was till the night before he was taken—he
has been in our employ twelve or fourteen years, not ell the time—when we were slack of work he would be discharged two or three days—he left, and went to Ivy-lane, Hoxton—he might be away twelve months, and then I took him on again—I cannot say how long it is since I took him into my employ again—all I can say is, he has been on and off in our employ twelve or fourteen years—he was in our employ before Christmas, and was till he wat taken into custody.
JURY. Q. Does Mr. Cook dye at your house? A. No, we are cotton dyers—we had not dismissed Fowler the night before he was taken.
COURT. Q. Do you say he was in your service till he was taken? A. Yes, he left on Thursday, 5th June—he did not come the next morning—he was taken into custody on a Friday, I think—I do not know whether it was 5th or 12th June, I did not take notice—I know he went away on Thursday night at 6 o'clock, that was the last I saw of him.
COURT to WILLIAM KNIGHT. Q. On what day did you see him in the public house? A. On Thursday morning.
JACKSON— GUILTY . Aged 21.
FOWLER— GUILTY . Aged 25.
Confined Twelve Months.
MR. COOPER conducted the Prosecution.
WILLIAM EBENEZER FILLMORE . I am a grocer, and reside at Brighton. I came to London on 24th June, and passing the Mansion House, I went into the Justice room, to see how justice was administered—I mixed with the persons in the Court—the prisoner was close behind me—when I went in I had my handkerchief in my outside coat pocket—while there I missed it—I spoke to a policeman, he soon after brought the prisoner to me, and took my handkerchief out of his pocket.
THEODORE HALSTEAD FOULGER (City policeman, 568). I was in the Court at the Mansion House on that day—Sir Robert Garden was sitting—I received information from the last witness—I observed the prisoner, I told him I wanted to speak to him outside the door, he walked out—I told him I was a police officer—he said he would not allow me to search him without I showed him my authority—I showed him my warrant card, and asked him what handkerchiefs he had—he said he had but one handkerchief, and he produced a white one—I then searched him, and found this other handkerchief in his coat pocket.
GUILTY . Aged 21.— Confined Six Month.
MR. KING conducted the Prosecution.
prisoner was colour grinder and engine driver in their service—I saw the prisoner that day in front of the mill—he filled a keg of white lead from an iron tank—it was my master's property—he took it part of the way throng the shop, and left it between two casks—he went to the back of the premises for two or three minutes—he then returned, and took the keg of white lead outside the door—in a few minutes afterwards he returned to the front of the mill, and told me he was going out for a short time, and if it should want any fireing put on, would I do it—I said, "Yes"—after that he went out of the premises, and in the course of a few minutes he went by the front of the door with something under his left arm, which appeared rolled up, and covered with some kind of cloth, similar in size to the 56lb keg that I had seen him with—I afterwards saw a pot of Prussian blue, which my employer said was in the wrong place.
Cross-examined by MR. PAYNE. Q. Who was there when he filled the keg? A. A man named Bell—he is not here—I have been in the prosecutor's employ since 1st April—I drive the engine since the prisoner has left, my master told me to get up the steam—I did live at Mr. Hubbock's better than two years—lie had the misfortune to have a fire on his premises while I was there.
Q. Did you happen to get hold of any money which you were about to throw into a tank to conceal? A. I could not sink it in a tank when I was in the counting house—I have not told the prisoner that I was going to sink it in a tank, when Mr. Oxley found me—I gave it up to Mr. Oxley—I did not get hold of some 5s. papers of coppers, and keep them—there was a Sandy Lawson employed there; he and I did not get hold of a barrel of beer, and roll it in, and drink it, and burn the cask—I can bring the publican to prove different to that—the men did not get drunk with the beer—there is no truth in the statement about the money and the 5s. peeked—all the copper was 9 1/2 d.;, and we told Mr. Oxley of it, and he told us to spend it—I did not tell the prisoner that I was about to throw the money into the tank, and about the 5s. papers of halfpence and the barrel of beer; it is not true—I left Mr. Hubbock's for getting drunk, but it was not with that barrel of beer—it is about two years since I left Mr. Hubbock—I lived with him about nine years—the fire happened about twelve months before I left.
Q. Now, be careful; in the course of conversation with the prisoner, a short time before he was taken, did you not tell him those things which I have mentioned? A. Not at all, Sir—the day I saw this was 13th June, between 7 and 8 o'clock in the morning—it was on a Friday—I never said it was on Thursday.
JOSEPH KEEBLE (policeman, H 195). I was on duty before the prosecutor's premises on 13th June, and saw the prisoner about 10 minutes before 7 o'clock come out with a keg, and go into the Rose and Crown public house, next door, kept by Mr. Matthis—in about five minutes he came out, went into the prosecutor's premises, stayed there about five minutes, and came out again with something wrapped in a smock frock—he went round the Highway—I followed him to take him, but lost sight of him—the parcel was about the same size as the keg.
Cross-examined. Q. Were you watching him? A. Yes—the landlord of the public house is here—he did not go into a coffee house—I was walking behind him on the opposite side of the way when I lost sight of him—a little further off than I am from him now—there is a court there, and I
suppose he must have gone up that court—I looked up the court, and went up it—I did not go into any house—I have never found the thing that was wrapped in the cloth.
GEORGE SAVAGE (policeman, H 149). I took the prisoner on Saturday, 14th June—he said, "I suppose they have got hold of something, but I will I make them suffer for it"—I told him he was charged with stealing a keg of lead from his employers—I went to his house, No. 16, Upper Grove-street, and found this pot of Prussian blue in one corner of the two pair of stain room, which is his room—after I had him in custody, he did not speak to any one—he put on his hat and coat, and went with me.
Cross-examined. Q. Did he give his right place of abode? A. Yet, No. 16, Grove-street, Commercial-road—I went to the two pair room, and found his wife, and three children, and this pot of Prussian blue.
JOACHIM MATHIS . I keep the Rose and Crown, next door to the pro-secutor. The prisoner came to my house on 11th June—he brought a pot something like this—I do not know what was in it—he left it with me, and said, "Just put it over the bar till I call for it"—he did call for it.
Cross-examined. Q. Did he leave it in the morning, and call for it in the evening? A. Yes.
WILLIAM WIGGINS . I am in the prosecutor's employ. The prisoner told me to tell a man named Graves to go to his lodging and remove a pot of Prussian blue—that was on the day he was taken into custody, while patting on his hat.
Cross-examined. Q. What are you? A. A porter—I was not before the Magistrate.
JOHN EDWARD OXLEY . I am one of the firm of George Spill and others. The prisoner was in our employ—he had no authority to remove lead, or anything else, from the premises—we had Prussian blue on our premises—this blue is made precisely as we make ours, and with the same oil that we use.
Cross-examined. Q. Do printing ink makers use this blue? A. I cannot tell—I have only known the prisoner since he has been in our employ, six or seven weeks.
ALFRED EWEN BURRELL . I am a member of the firm. I did not give the prisoner authority to remove Prussian blue or lead—all he had to do with them on the premises was to grind them, and attend to the mills—the other partner of the firm is in France, and has been there some time.
GUILTY . Aged 36.— Confined Twelve Months.
DANIEL HILL (police sergeant, T 46). On Saturday morning, 21st June, I was on duty on Old Oak Common, near Acton—I saw a fire on the, common, and the prisoner by it—to go to it, I had to go down a valley, and up a hill, and when I got to the top of the hill I found a bag and a sheep skin—I then saw another fire in the hedge, and found this tin lid and the remains of a pewter pot in it—I saw the prisoner watching through the, hedge—I stood some minutes, and he saw me, and put on his hat, and went away—I went and took him, and brought him back to the fire—I asked him if he knew anything about the things—he said, "No"—I took him across the common, and gave him to another officer—I said that I was not satisfied, and we went back to where I saw the prisoner first and found the carcase
of a sheep—the body was warm—I searched the prisoner, and found on him an old knife, with marks of blood on it—there was blood on the prisoner's hands—I showed the sheep to Armell the same morning.
JOHN KIRKBY (policeman, T 203). The last witness came to me with the prisoner—I went with him, and discovered the body of the sheep—it was not dead; it gave two or three sighs, and died—its two fore legs were tied with this piece of list, which I took off.
GUILTY on the 2nd Count. Aged 60.— Confined Twelve Month.
JONES PLEADED GUILTY .**— Four Years Penal Servitude.
JOHN WALLIS . I am a porter. On the night of 2nd July I saw the prisoners together near London-bridge, for six or seven minutes, and I saw Jones attempt a pocket—soon after Jones put his hand in the prosecutrx's pocket, and at that time Wright was walking behind him—after Jones had picked the pocket, they walked away together—I met another witness, and we told a constable, and gave Jones, in charge—it was Jones I saw attempt the pocket, and Wright was with him.
JOHN BELLAMY . I am a shoemaker, of Union-street. I was on London-bridge, and saw the two prisoners there—I saw Jones pick the lady's pocket, and the prisoners were then close together—they then ran across the road—I had not seen them together before—I spoke to the lady.
HENRY WESTWOOD (City policeman, 552). I took the prisoners—I searched them, and found on Jones a box and 1s. 2d., and on Wright this purse, half a crown, three sixpences, and one 4d. piece, in his coat pocket, outside.
Wright's Defence. I went over the water, and coming back, I met this young man by the railway station; he was coming my way; I stopped to look over the bridge once or twice; he came to me, and said, "Come on;" we went across, and he pulled me to an arch, and the constable took me; the purse was found in my pocket, but I do not know anything of it; I am innocent of it.
(Wright's father gave him a good character.)
WRIGHT— GUILTY . Aged 21 Confined One Month.
FANNY COX . I work at No. 19, Albany-place, Hornsey-road. On Sunday, 22nd June, I was looking out of the window, between 4 and 5 o'clock in the morning, and saw the prisoner come out of No. 22, it is right opposite, with a boiler—he went to No. 16, Albany-place—I opened the window, and called to him, and Mr. Springmore came out.
JOHN BALL . I was at No. 19, Albany-place—I went there to see my sister—the last witness called me up on that Sunday morning—I looked out at window, and saw the prisoner with a boiler—he went to No. 16 with
it—I called to him, And said, "Halloo, bring that back"—he came back facing the window, and begged that we would not have him looked up—he said he was a poor fellow, and had been out of work four or five months—I said "Take that back"—he took it back, and Mr. Sprigmore came out.
WILLIAM SPRIGMORE . I live at No. 22; Albany-place, in the parish of St. Mary, Islington. On Saturday night, 21st June, I shut up my house—the door was closed—I was awoko in the morning about half past 5 o'clock—I heard somebody taking the copper out—I got up, and saw the prisoner come out of the door—I said, "What do you want there?"—he said, "It is all right"—I said, "I shall have you locked up."
Prisoner. You did not see me come out of the house. Witness. Yes, I did, and followed you out of the door.
ISAIAH WARR (policeman, N 163). I took the prisoner at the Great Northern Railway, at a quarter before 7 o'clock in the morning—I told him he was charged with taking a copper from No. 22, Albany-place—he denied it, hut on taking him to the station he owned he did it.
The prisoner was further charged with hawing been before convicted,
ALFRED GREEN (policeman). I produce a certificate of the prisoner's former conviction from Mr. Clark's office—(Bead: "Central Criminal Court, Jan. 7, 1852; James Jerrard, Convicted of receiving brass, having been before convicted; Transported for seven years)"—the prisoner is the person—I had him in custody.
GUILTY. Aged 23.— Four Tears Penal Servitude.
697. WILLIAM JAMES DOWLING and JAMES REYNOLDS breaking and entering the dwelling house of Eleanor Shorter, and stealing 4 shawls, and other goods, value 6l. 10s.; Reynolds having been before convicted: to which
DOWLING PLEADED GUILTY . Aged 29.— Confined Twelve Months.
REYNOLDS PLEADED GUILTY . Aged 21.— Four Years Penal Servitude.
PLEADED GUILTY . Aged 20.— Confined Nine Months.
COOPER PLEADED GUILTY . Aged 20.
MANLEY PLEADED GUILTY . Aged 19.
Confined Twelve Months
700. EMANUEL PHILLIPS and JANE SAGE , burglary in the. dwelling house of Thomas Dalby, and stealing 1 coat, 1 waistcoat, 1 pair of trowsers, and other goods, value 5l. 3s.; and 4l. 10s. in money; his property.
MR. RYLAND conducted the Prosecution.
THOMAS DALBY . I am a chimney sweeper, and live at No. 1, Archer's Mews. I occupy a stable, and two rooms over it as my dwelling house—I am married, my wife is with me—there is a skylight over the landing, just outside the rooms—the skylight lifts up outside—there is a little catch to fasten it inside, but I generally leave it unfastened—on Saturday night, 10th May, that skylight was down but not latched—I left my rooms from 9 o'clock till 12—no one was in the room, only my dog—the window was fastened—there is no key to fasten the door properly—I fastened all the bottom' entrance all safe—I went home about 12 o'clock with my wife—we went in
—I observed a little bit of ribbon on the floor in the room near the drawers and on opening the drawer all my things were gone—I missed a coat waistcoat, and trowsers, two gowns, petticoat, a work box, containing 4l. 10s., and a scarf shawl—there had been 2l. 12s. in the work box, and I took a 2s. piece out of it just before I went out, and left 2l. 10s. in it—the things and money were all mine—I knew the prisoner Phillips before, being a neighbour, living in the room over the stable—two stables off—he had just called in at my room—in consequence of something the constable told me, I observed the marks of two nails, like the nails of boots, under the skylight, about three feet from it.
Cross-examined by MR. COOPER. Q. You fastened all the bottom part safe? A. Yes, by locking the doors—I had to unlock them when I got back—I could not get in otherwise—the skylight goes on two hinges.
CAROLINE STRANGE . I am the wife of Thomas Strange, a labouring man, living at Notting-hill. I have known the prisoner Phillips for two years or more—I was at home on Saturday evening, 10th May, till 10 o'clock—my husband went out that evening before dark—he had been out of work for five weeks—he came home at 3 o'clock in the morning—I know that when my husband went out he had not a farthing of money—he wanted ine to pawn his jacket for 2s.—I had seen Phillips with my husband before dark that evening—my husband came home at 3 o'clock—he then had gold and silver—Phillips came between 6 and 7 o'clock in the morning—he asked for my husband—I told him he was in bed—I roused my husband—he got up and saw Phillips, and they went into the garden—I did not go with them—I stood on the balcony—I could see into the garden—my husband and Phillips were parting money, both gold and silver—one of them had some, and the other had some—I heard Phillips say that he got a ladder and got in at the skylight, and Dalby's dog was inside, and he barked at him, and he patted it on it's neck and it became cowed, and did not bark—he said he opened one drawer and there was nothing in it, and he opened the other drawers and there were some things, and he took the shawl and laid it down, and put the other things into it—that he came down stain, and came out at the bottom door, and shut it after him, and they took a portion of the clothes to pawn on Saturday night, and some they would pawn on Monday—he said that Dalby would not tell how he got into the house, and that if I told anything he would murder me—I was at home and in bed—I knew nothing of it till the morning.
Cross-examined. Q. Where is your husband now? A. He has been away ever since—he was taken and discharged—they had not found the clothes then—I knew all about the clothes—I knew that my husband had a hand in it—I did not know where he was going that night—these persons could not see me that night—I first made this statement on 3rd June—I never mentioned it till then, because I was frightened—my husband has gone away ever since he was discharged—he was kept in confinement from Sunday—I have been living since at Notting-hill—I wash and iron—I carry that on now—I did not see how much money my husband brought home.
COURT. Q. How came Phillips to give this account to your husband? A. They were talking to themselves.
WILLIAM RICHARDS . I am assistant to Mr. Soane, a pawnbroker at Chelsea. I produce a coat, waistcoat, and trowsers, which I took in of Phillips on Saturday night, 10th May, between 10 and 12 o'clock—they were pawned for 1l. 10s.—I had never seen Phillips before—I have also a scarf shawl which was pawned the same night, after the other clothes, about
a quarter before 12 o'clock, by the prisoner Sage—I knew her before—I have frequently seen her.
Cross-examined. Q. You had never seen Phillips before? A. No—the coat, waistcoat, and trowsers, were pawned from 10 to 12 o'clock—I cannot say whether it was half past 10 o'clock—a good many come in sometimes; it depends upon circumstances—500 or 600 persons enter our shop in a day—coats and waistcoats are common things to pawn, but not a suit of clothes—Saturday night is a busy night for taking things out as well as putting in.
JAMES CLARK (policeman, T 183). On Monday, 12th May, I went to the prosecutor's, and examined the premises—I saw the skylight, and, about three feet under it, were the marks of two nails, which I found in Phillips's boots, which I took at No. 1, Bolton-row, on 27th June—I had apprehended the prisoners at that time, but these nailed boots were in Phillips's lodgings—here are the nails in them—these nails correspond with the marks—I apprehended Phillips on 7th June, at the Walmer Castle, Lethby-road, in company with Strange and another man—I told him what I took him for, and he said he knew nothing about it—I afterwards searched his lodging, and found these boots with the nails.
Cross-examined. Q. Where were those impressions? A. On the wall under the skylight—the wall was painted—there was the impression of two nails, and one had scratched down afterwards, as if he had slipped.
CHARLES BUSK (policeman, T 221). I received information on the night of 10th May, and apprehended Sage on 10th June, at her lodging, No. 10, College-street—I had not known her before—I asked her if her name was Jane Sage—she said, "Yes"—I asked her to come to Mr. Soane's, the pawnbroker, as I wanted her on suspicion of a burglary on 10th May—she went there, and the pawnbroker identified her as pawning the shawl—she said that two men had given it to her to pawn, at the corner of College-street, on the night of 10th May, and she went and pawned it for 70., and gave the men the duplicate and the money.
Sage. One man came to me, and asked me to pawn it.
MR. COOPER called
JOSEPH FROWD . I live at No. 3, Bolton-road. I know Phillips—I remember hearing of this robbery—on that night I called Phillips out to go to receive his money of his master, about ten minutes before 9 o'clock, and we went to the Lancers public house, and his master paid him—his master is my brother, Stephen Frowd—Phillips and I stopped there till about ten minutes past 10 o'clock—he told me he was going up Notting-hill—the Lancers is hardly 100 yards from the robbery—I did not see Phillips again that night.
GEORGE LEGGE . I am a gardener. I recollect the night of this robbery—I was with Phillips that night, about a quarter past 10 o'clock—we went to the Churchill Arms, and remained there from about a quarter past 10 till half past 11, or near 12 o'clock—we parted there—that is about a quarter of an hour's walk from his house.
Cross-examined by MR. RYLAND. Q. You say you remember the robbery; on what day was it? A. On Saturday, 10th May—I met Phillips that night, at a quarter past 10 o'clock, in Silver-street, Notting-hill, just by the public house—we went into the public house, and were there all the time I have mentioned—there were not many other persons there; there might perhaps
be seven or eight—the landlord and landlady were there—I am not aware that any one else is here from the public house—I had known Phillips for three years—he lives in the Mews, nearly close to the prosecutor's house—that might be about a quarter of an hour's walk from where I met him—some persons walk in less time than others—it would take a good walker a quarter of an hour to walk from that place to the Mews—I will swear he was not out of the sight of me and my niece all that time—my niece is here—we did not go outside the door of the public house till we went home—there was no other man with Phillips—my niece has not known him three years—I did know a man of the name of Thomas Strange, but I have not seen him I cannot tell when—it is years since I saw him—I should not know him if I were to meet him—I cannot recollect when I saw him last—I and my niece were in that public house an hour and a half—we did not drink with the other seven or eight persons—we three had nothing, only a drop of beer—we had a pot of beer and a quartern of gin—we had no more beer, I cannot recollect how much more gin—I did not get rather muzzy—I do not think we had anything to eat, I cannot say, we might have something—my niece is thirty years of age—of course she had some of the gin and porter—we had no pipes nor tobacco—I really cannot recollect whether we had anything to eat—Phillips paid some, and I paid some—my niece saw all that passed, she was with us all the time—I paid for the pot of porter—I do not think I paid any more—my niece paid for some gin, and Phillips paid for some.
MR. COOPER. Q. You have known him three years; what character has he had? A. I never heard anything against him.
COURT. Q. How far do you Jive from where the prisoner lives? A. I suppose half a mile—I heard of the robbery the next week after, I believe—I cannot say who I heard of it from—it was talked of by one and the other—I did not hear of it till after Phillips was taken—I cannot tell how long after he had been taken into custody—I have been told that the night he was drinking with me was the night of the robbery—I cannot tell who told me so—the day I met him was on the 10th of May—it was on the Saturday before Whit Sunday—he had been invited to dine with me on the Sunday—he did not come and dine with me—I did not go before the Magistrate—I heard that he was taken up for a robbery on that night—I went down to Hammersmith; Phillips' wife came after me—she knew I was with him that night—I did not go with her before the Magistrate—I was there on purpose, if necessary; but I was not called—there was a solicitor there for the prisoner—he did not call me—he knew I was there, and Frowd was there the same as myself—we went and spoke to the solicitor.
HARRIET BARRY . I was with my uncle, the last witness, at the Churchill Arms on 10th May—I saw Phillips that evening—it was after 10 o'clock when I first saw him—he remained with me till near 12 o'clock: more than half past 11 o'clock—he was with me the whole of that time—we had something to drink.
Cross-examined by MR. RYLAND. Q. What did you have? A. A quartern of Old Tom, and a quartern of gin, but I did not drink any of the gin; and we had a pot of beer—I had a biscuit to eat—I believe my uncle had some, and I think Phillips—I know I and my uncle had biscuits—I do not exactly remember what the score came to—Mr. Phillips paid it all—I should say it was about a quarter after 10 o'clock when I saw the prisoner—there we all stayed very comfortable drinking the Old Tom and
gin and porter, and eating the biscuits, till near 12 o'clock—we met Phillips near the public house.
MR. COOPER. Q. Did you see the money paid? A. Yes, I did—my uncle wished to pay it—he is getting old, and a person's memory is not so good then.
COURT. Q. How do you remember that this was 10th May? A. We wanted him to come to dine with us on the next day, and he did not come.
COURT to JOSEPH FROWD. Q. When did you hear of the robbery? A. Some one came and said that Phillips was in custody—I know it was on the night of 10th May when I came to call him to have his wages—I do not know how long that was before he was taken—I do not know whether it was one Saturday night or two or three—I do not remember what day he was taken—I know that the Saturday I called him out was the Saturday before Whit Sunday—I cannot tell whether it was one, two, or three weeks before he was taken into custody—he had worked for my brother the last six months—I know it was 10th May.
JURY to JAMES CLARK. Q. How far is the pawnbroker's from the Churchill Arms? A. About a mile.
NOT GUILTY .
OLD COURT.—Wednesday, July 9th, 1856.
PRESENT—The Bight Hon. the LORD MAYOR; Mr. Justice COLERIDGE; Sir GEORGE CARROLL, Knt., Ald.; Mr. Ald. CUBITT; and MICHAEL.
Before Mr. Justice Coleridge and the Third Jury.
MESSRS. BODKIN and CLERK conducted the Prosecution.
WILLIAM MIDDLETON . I am a warder at the House of Correction in Coldbath-fields. The prisoner was a prisoner there under my charge—he had been under my charge fox about a fortnight—on 24th Jane, he complained to me of his bread being light; he said his loaf of bread was small—I told him I could not help its being small, if he thought proper he could have it weighed—he said he did not wish to have it weighed, provided I gave it to him the same as I did to other prisoners; he said that I picked out the small bread for him—I told him that I would not allow him to accuse me with that, he might see the Governor upon it if he thought proper—he said he would do so—he then asked me to put the loaf in the cupboard for the Governor to see it; I did so—previous to that I weighed it—the prisoner could see me do it—it weighed six ounces—the prisoners get twenty ounces a-day, divided into three parts, then there is ten pounds allowed the contractor in every hundred for the allowance, so that the prisoners shall not have less bread than is allowed them—they do get twenty ounces a-day, taking one loaf with the other—this was about half past 5 o'clock in the evening—the prisoner slept in the dormitory that night—there we other prisoners there, the room sleeps one hundred—on the next morning, about twenty minutes to 11 o'clock, the prisoner was taken before the Governor with regard to this charge of the light loaf—I took the bread with
me—I told the Governor in the prisoner's presence what had occurred the over night, as I have stated now—on that, the prisoner said that the officers had an antipathy against him—the Governor said he should not allow the prisoner to make the assertion he had done the night previous, if he had anything to say he could see him and make his complaint; and he should stop part of his dinner—I took the prisoner back to the yard, and put the loaf in the cupboard in the day room, where the men get their meals—the prisoner was by the side of me at the time—he said he bad intended to ask the Governor for the loaf—I said he might have done it if he had thought proper—nothing more passed—I took him to his work—it was in the dormitory, it was his work that day to clean and sweep the dormitory and put it to rights—it was about 10 minutes to 11 o'clock when I took him there—there was nobody else working there—I locked the door of the dormitory and left him there—about 20 minutes to 1 o'clock I went to the dormitory again—I unlocked the door, and on opening it the prisoner stood on the step of the door; there are steps leading up to the dormitory, and there is one step inside the doorway—the prisoner stood on that step—not a word passed between us—as soon as I opened the door the prisoner struck me just by the corner of the right eye; he struck me in this way (raising his Jtand and striking downwards) as hard as he could force it; he struck me with all his might and gave a grunt at the same time—I was going to shut the door, and he gave me a second blow across the hand and cut me across the knuckles; I could not see what he had in his hand, it was so momentary—I locked the door; he shoved against it, but I had sufficient strength to push against him and lock it—I hastened down to the hall and there I saw the doctor—I had this cap on when I went to the dormitory (producing some pieces of a cap)—at the time he delivered the blow at my head, this fell into the dormitory, and afterwards he cut it up and threw it out of the window.
COURT. Q. How came you to go back to the dormitory? A. To see whether he had done his cleaning—it was my business to go—he knew that I should come—his regular dinner that day would have been a loaf and a pint and a half of soup—they get one loaf for each meal—the light loaf was given him over night for his evening meal—when they object to eat it, it is taken away from them—he had a loaf and a pint of cocoa for his breakfast—he would have had whatever there was for dinner—I locked up the loaf, because when they do not eat it the previous night it is not given to them back again; it is set with the stores, and served out again—if a loaf is given over night, and not eaten in the morning, it is taken away there and then; it is contrary to the rules for a prisoner to keep it and have it at another meal—I had had no words with the prisoner before this on any occasion.
JURY. Q. Did he ever complain of short weight before? A. Not dur-ing the period of his being in prison.
COURT. Q. The loaves are of different weights, you say? A. Yes—the governor is not here.
GEORGE HOARE . I am chief warder at the House of Correction, Cold-bath-fields. On 25th June, just before 1 o'clock, in consequence of what Middleton said to me, I went to the dormitory—the door was locked—I looked through the inspection hole, and saw the prisoner standing with his hands behind him, close to the door, inside—I did not speak to him—I unlocked the door and put my arms round him, and said, "You have some-thing in your hand"—he said he had—I said, "Give it to me"—he did so,
and said that he did not wish to hurt me—his words were, "I don't wish to hurt you, Mr. Hoare"—he gave this knife (produced) into my hand; it was wet with blood, and just in the same state as it is now, with this tow round the handle—I said to him, "How came you to do such a thing?"—he I answered, "He may think himself a lucky fellow;" that was all that passed—the prisoners are not allowed to have such knives about them—the prisoner would not have such a knife when working in the dormitory—I subsequently asked the prisoner where he got it from, and he said he did not wish to say, it would be ascertained by-and-by.
COURT. Q. Have you had any dispute with the prisoner about the weight of the loaves, or anything of that sort? A. None whatever—he made no resistance to me, and used no violence whatever.
BENJAMIN MORRIS . I am a sub-warder in the House of Correction. I kept a box in the dormitory where the prisoner slept—it was kept locked—I had been to that box on the morning in question at half past 5 o'clock—I then placed this knife in that box, and locked the box—I did not go to it again until about five minutes before 6 o'clock the same evening—it was then broken open, and the knife was gone—I saw the knife next morning in Mr. Hoare's possession—it was not then in the same state in which I had placed it in the box; it had been ground at the back—it had a round point when I left it, and it had been ground to a sharp point as it is now—the blade had been forced back in the handle, and this hemp or tow wrapped round the handle.
COURT. Q. How many persons slept in that room? A. 100, or thereabouts—they generally leave the dormitory at twenty minutes to 7 o'clock—the room is then empty, and the door is locked—the warder in charge of the room locked it that morning in my presence—Middleton had charge of the room that morning—there is a stone step inside the door upon which the knife might be sharpened—I am not aware of its having been used for that purpose—I did not examine it—it had been cleaned.
WILLIAM MIDDLETON re-examined. I remember going to the dormitory that morning, about a quarter to 7 o'clock, when the prisoners left it—I locked the door after them—I found it locked when I returned—I did not examine the step to see whether it had been used.
BENJAMIN MORRIS re-examined. I put the knife into the box at half past 5 o'clock—the prisoner was at that time in bed in the room; I do not know whether he was awake or asleep—his bed was from twenty to thirty yards from the box—it is a large room—he could see the box from his bed; I do not know whether he did—the box was by my side, we are not allowed to leave our post, I merely put the knife in, and locked the box—I do not sleep in the room, I am on duty, on the watch; I had been using the knife for a meal during the night—I usually kept it there, and used it daily.
GEORGE HOARE re-examined. I cannot say whether the prisoner had slept in this dormitory all the time he has been in custody—he was only under Middleton's charge a fortnight—he had been in the prison three months—we have 1,400 prisoners, and only 900 cells.
HENRY WAKEFIELD . I am surgeon of the House of Correction. On the morning of 25th June, I saw Middleton; he was bleeding profusely from an incised wound in the forehead, on the angle of the orbit on the right side; it went to the bone; it was barely a quarter of an inch deep, and from three quarters of an inch to an inch in length; there was also a slight wound on his hand—those wounds might have been inflicted with such a knife as this—he was under my care ten or twelve days.
COURT. Q. It was not a dangerous wound? A. It was not, as it happened.
Prisoner's Defence. My intention was not to murder him; I was unjustly provoked in consequence of the way that he brought me before the governor—when he saw that I intended to bring the loaf before the governor, and make a complaint in the usual way, he then, by way of spite, reported me to the governor for breach of conduct, and also deprived me of the loaf which I was justly entitled to, on the preceding night; I intended to retaliate on him, but not to take his life.
COURT to WILLIAM MIDDLETON. Q. When you were before the governor, did you make any complaint against him? A. I did, for his accusation on the previous night—I believe I mentioned that before—I said I told the governor what had passed.
GUILTY on 2nd Count . Transported for Twenty Years .
(MR. BODKIN stated that the prisoner had been three times convicted of burglary, and had been twice before the Visiting Magistrates for stabbing the warders.)
MR. PLATT conducted the Prosecution, and MR. SLEIGH the Defence.
NOT GUILTY .
NEW COURT.—Wednesday, July 9th, 1856.
PRESENT—Mr. RECORDER; Mr. Ald. CUBITT; and Mr. Ald. LAWRENCE,
Before Mr. Recorder and the Fifth Jury.
MR. CAARTEN conducted the Prosecution.
ISAAC ROBINSON . I am a miller, and live at Windmill-hill, Enfield. Between 1 and 2 o'clock on 17th June I heard a noise—I had had a cow blown the night before, and I thought my son had got up to look at it—I took no notice of it—in three or four minutes afterwards I heard a noise in the lower part of the house; I got out, and looked out of the window—the room I sleep in is in the front of the house—I did not see any one, but saw the path gate was open—there is a garden in front of the house, which leads into a private road—the shutter of the lower room window was broken open—I called my son, and after that saw the prisoner Sharp run out of my house, by the front door—he ran down the path into the road—(it was between light and dark)—when Sharp got out in the road he whistled, and Jones came out at the same door, and went down the same road after him, and they whistled again—I saw Leary standing in the road when Sharp ran out of the door—when they had whistled again, the three of them ran away down the road towards Barnet—they ran away, as if together—one of my sons, Benjamin, went after them—I afterwards examined my house—the window was open—the shutter was hanging off; the iron plate through which the pin went was wrenched off—I had fastened it up, between 9 and 10 o'clock at night—in the front room I had two tea caddies, which had contained tapes, and threads, and a parcel of things—all the contents were
pulled out of them—they were in a room on the same floor as the room where the window had been forced—nothing had been taken away to my knowledge—I observed the men's dress—they seemed to me to be dressed in the same way that the prisoners are now.
Cross-examined by MR. METCALFE. Q. Where were you standing when you saw the men go out of the house? A. At my bed-room window, which may be six or seven feet from the ground—I was looking out of the window when the men went out of the door—the door is not exactly under the window, but by the side of it—they walked straight along the path to the gate—there was no lamp or light of any kind—one of my sons sleeps in the next room, and the other in the next to him—I called to my son before I saw the man go out at the door—I said, "Get up, I think there is somebody in the house"—I said it in a moderate tone—the man went out—I believe him to have been in the cellar—when I called my son he slipped on his trowsers, waistcoat and shoes, and away he went—this was between 1 and 2 o'clock—I have not the least doubt of Sharp being the man who ran out—to the best of my belief he is; I say that from his dress and from his size—I did not see his face—his general appearance resembles him.
COURT. Q. Did you examine the cellar? A. The cellar door was wide open when I went down—I did not miss anything from the cellar.
BENJAMIN ROBINSON . I am a son ef the last witness and live with him. Between 1 and 2 o'clock on the morning of 17th June my father called me, I got up immediately—I saw one man run out, and a whittle was given—I had not heard any noise before I saw a man—he ran out from the front door of the dwelling house—my room is just over the door, I saw the back part of the man—he never was oat of my sight from the time he left the house till I left him at the police station—it was Sharp—when I looked out he was running down the path—on seeing him run I followed down stairs—I first put on my clothes and went down and went out of the front door—I heard a second man go out an I was going down the stairs—after I saw the first man running and heard the second man go out, I heard a whistle again—I heard the first whistle when the first man ran out—I could not tell who whistled—I went down the path, and saw three men running on Slade's-road to Barnet—they might be fifty yards down the road when I saw them running, and between fifty and a hundred yards from me—I followed them—they went as far as Mr. Slade's and turned into Russell's footpath-field—I should think Mr. Slade's is a quarter of a mile from my father's house, it is in the Barnet-road—I heard them speak one to the other—I followed them up Russell's footpath-field—I let them go on about a mile till they came to some cottages in Old Park-lane, where I was well known—they wene walking then—they ran about a mile and then walked—I walked after them till they came to those cottages—I then walked before them and charged them with breaking into my father's house—one of them, I believe it was Leary, said I must be dreaming—I said I did not think I was, and asked them to go with me to the police station—Leary and Sharp said they would—Jones said he should go his own road—we all four went on together by the Green Dragon in Mann's-lane—that was the direction in which they were going—when we were in Mann's-lane, I called out for a constable—I should say that was another mile from where I came up to them, between two and three miles from our house—I heard a constable run and stop at the Green Dragon—he said, "Halloo;" I hallooed again, he came up to us and I gave the prisoners in charge—they said they could easily have
run away and pitched me over the hedge—they were taken to the station.
Cross-examined. Q. Are there houses along the footpath between the cottages and the Green Dragon? A. Yes, there is a hedge on one side and cottages on the other—not—all the way—it is a lonely place; here and there cottages—I was perhaps 200 or 300 yards from the Green Dragon when I heard the policeman stop—I could hear him running, and he stopped at the bottom of the lane—the prisoners and I said but very little—I told them directly that they had broken into my father's house, and they said I was dreaming—we went directly to the station—there are a few cottages and houses about the Green Dragon—it is a house where a good many persons stop—I expected to see a policeman down there—I saw the first man go out of the house—I am quite sure it was the first man—I was looking out of the window when he went out and went down the path—when I looked out at the window he was going out at the door, he was partly out and partly in.
Q. Do you mean to swear that you saw him, and heard the second man go out? A. Yes—and when I got out of the door I saw the men—I put on my trowsers and jacket, and shoes and cap—when I get out of my bed-room the stairs are close by my side—when you get down you turn out of the door—the garden may be about fifty yards long—there is a gate at the end of the garden, that was open—I should say when I went out of the house door the men were about fifty yards beyond the garden—fifty yards further.
Q. Do you mean to say that you saw them at all when you got out, or did you hear anything more than footsteps going down the road? A. There were persons then in sight—I did not tell the policeman that I heard their footsteps—I told the policeman I heard two persons run out of the house. (The witness's deposition being ready stated," I heard two persons, one after the other, run out of the house; they ran down Slade's road; I heard their footsteps in the road, and heard them turn out of the road into the foot-path.")
COURT. Q. Did you hear them or see them? A. I saw them, Sir—I saw one run out of the house—that was the first one—I told the Magistrate so.
MR. CAARTEN. Q. You said before the Magistrate that you had seen them? A. Yes, one ran from the house—when I got into the garden, I saw them all three running—I said that before the Magistrate—I don't think it is taken down—the clerk read this deposition over to me afterwards, I did not interrupt him, and tell him he had not taken down correctly what I said—I am quite sure I told the Magistrate, and it is the fact that I did see them when I got in the road—I never lost sight of them after I got in the garden till they were taken by the policeman—I did not see any body else on the road.
COURT. Q. Were you ever a witness before a Magistrate before or since? A. No.
WILLIAM HAYNES (policeman, N 196). I was on duty near the Green Dragon in Mann's lane, about half past 2 o'clock in the morning of 17th June, I heard a cry of police when I was at the Green Dragon, I saw the persons at the end of the lane, I could not tell who they were till I came up to them, and they were the three prisoners and the last witness—I asked what was the matter—the last witness said, "These three men broke into my father's premises, I wish them to be taken to the station"—I told the prisoners they must come with me—one of them said, "Very well, I suppose we must go"—Leary said, "I did not know what he meant, if we had known,
we could easily have chucked him over into the hedge"—I took them to Enfield station.
JONES— GUILTY . Aged 22.
LEARY— GUILTY . Aged 22.
SHARP— GUILTY . Aged 20.
Confined Fifteen Months.
704. GEORGE WOODLEY and CHARLES SHARP , burglariously breaking and entering the dwelling house of Charles Hoar, and stealing 4 spoons, 1 umbrella, and 1 flageolet, value 3l. 10s., his property: to which
SHARP— PLEADED GUILTY . Aged 20. Confined Fifteen Months.
CHARLES HOAR . I live at No. 18, Thornhill-square, Caledonian-road, Islington. It is my dwelling house—on the night of 6th July, I saw my house all closed up, and I went to bed at a quarter past 12 o'clock—I was the last person up—I was alarmed between 1 and 2 o'clock in the morning, I looked out of the window, and saw two men creeping under the wall down the garden—I went down and unbolted the front door and called, "Police"—I went to the garden and saw two men jump over the wall of the adjoining garden, to get away into the Richmond-road—I found my back door wide open—it had been fastened by bolts, the night before—the front kitchen window was a little way open—it leads into the area—that window had been shut down the night before, but I did not examine the fastening—no person could get into that area from the street, there is an iron railing over it—I missed four spoons, a flageolet, and an umbrella; and on the grass plat in front I found a shoe which had not been there the night before—shortly afterwards, the two prisoners were brought back by the policeman—I cannot possibly tell how they could hate got into the house—the back door had been unbolted from the inside—it had been bolted the night before—if any person had been concealed in the house the night before, they might have opened the door—that is the only way it could have been done.
EMILY ELIZABETH HAYNES . I am nurse maid in the service of the last witness. I sleep in the second floor back room—on that night I heard a calling out that there was somebody in the house—I got up, went out of the house, and ran round to Richmond-road—I there saw Sharp jump off the stable, coming in a direction from the back garden; and I saw a man come out of the side gate belonging to Mr. Watney, the publican's stable—any one could get there from our garden by climbing the wall—the man I saw was the height of Woodley.
Q. Did you not tell the Magistrate that Woodley was the other man—you said in your deposition, "I saw Sharp come out, and directly afterwards the other prisoner came from the gate." A. No, I said, "I saw a man," I did not say it was the other prisoner—he was the same height—he ran to the Caledonian-road—the same way that Sharp did.
WILLIAM TAYLOR (policemcm, N 183). I was on duty in the Caledonian-road—I heard a cry of "Police," about half past 1 o'clock—I met the two prisoners coming together about 100 yards from the Duke of Richmond public house, in the Caledonian-road—they were about 300 yards from Mr. Watney's stable door—I stopped them, and one of them said, "Oh, policeman! you are wanted up here—here is an old woman knocked down and nearly murdered"—I took hold of each of the prisoners and said, "You come back with me"—they both wrested themselves from me, and I took them again.
Woodley. Q. Did I say anything about an old woman? A. One of you did—you were coming together from the Richmond-road—you might have been to the New Market.
ROBERT BARB (policeman, N 207). I heard a cry of "Stop, thief and found the last witness with the two prisoners—I found this flageolet is a garden adjoining the prosecutor's garden—they are low walls; a man could get from the prosecutor's garden to Mr. Watney'—I found some matches on Woodley corresponding with some matches which I found in the area.
Woodley's Defence. I was coming from New Smithfield Market, and making my way down Caledonian-road; I had stopped with a young man that I know, named Johnson, and had been talking with him three quarters of an hour; I never saw this prisoner till just before I got to the policeman; I had had a good deal to drink.
WOODLEY— GUILTY . Aged 27.— Confined Fifteen Months.
FRANCIS POTELIER . I am a Frenchman. I live at No. 157, Oxford-street. I am a jeweller. On the night of Saturday, 28th June, I went to bed at 12 o'clock—I shut the house door myself with a lock—a few minutes before 5 o'clock I was alarmed—I heard some noise as I was in bed—I got up, and saw the back of a man in the passage, just going out of the door—I went into the kitchen, and there is a table there—I found some drawers open, which had been closed when I went to bed—nothing was taken from my house.
JOSEPH BEURCH GUERIN (through an interpreter). I am in the service of the last witness, and live in his house—I sleep in the fourth floor—on Sunday morning, 29th June, about 5 o'clock, I was in bed—I was awoke—I heard some noise at the door, somebody moving it—I got out of bed, went to the chamber door, and saw the prisoner, with his boots in his hand, and no boots on his feet—he went down stairs—I went after him—he ran out of the door into the street—I was not dressed—I called a policeman—he came in two or three minutes afterwards.
Prisoner. Q. Did you see my face? A. Yes; it was daylight.
EDWARD BROWN (police sergeant, E 10). On Sunday morning, 29th June, I was on duty in George-street, New Oxford-street, near to the prosecutors—I saw the prisoner run out of the prosecutor's house with a pair of boots under his arm—he ran down Harford-street—I went down George-street, turned into Harford-street, and met the prisoner—I stopped him, and told him I saw him come out of the prosecutor's house—he said he did not, he came out of the coffee shop—I took him to the station, and found on him a key that will open the prosecutor's door—it was broad daylight—I am sure he is the man—I had known him for the last month.
Prisoner. Q. Why did you not run after me? A. I knew where you lived—I knew you would come into Church-lane—I ran round and met you—you were walking quite leisurely with the shoes under your arm when I stopped you—you had gone about 100 or 100 yards.
Prisoner's Defence. On Sunday, 29th June, I got up to go to the bath; I went to the coffee house, and, on coming out, I met the constable walking his round; I, little supposing he had any malicious intention towards me, passed him; he came and asked me where I had been; I said I came out of the coffee shop; he said that would not do for him, he saw me come out of the prosecutor's; he took me and searched me in the prosecutor's presence; he found nothing whatever on me; he knows I worked at my trade till Saturday night.
COURT to EDWARD BROWN. Q. You say you had known him for a month; had he been at work? A. I made inquiry, and he had been at work—I am sure I found a key on him which opens the prosecutor's door.
JURY. Q. Would it open his own door? A. There is no look on that door—he lives in a lodging house—the door is always open.
(The prisoner was also charged wish having been before convicted.)
EDWARD JOHN FIELD (police sergeant, C 15). I produce a certificate of the prisoner's former conviction. (Read: "Central Criminal Court. Convicted 15th Nov., 1852, of breaking into and entering a dwelling house. Transported for seven years") I was present—the prisoner is the man—he was found in the house at 2 o'clock in the morning—he had five coats on—he served three years and got released on a ticket of leave.
GUILTY. Aged 29.— Four Years Penal Servitude.
JOHN TOOHEY . I live in Hopkins-street, Golden-square, and am a tailor. On 6th July, about 3 o'clock, I met the prisoner in Church-lane, 8st Giles's; I went with him to a gin shop—I went afterwards and had some oysters—I came back to the same public house, and it was closed—he then took me up a small street, and put his arm round my neck, across my throat—it nearly cost me my life—I had not breath to call out; I tried, and could not—he pressed my throat violently—while he was holding me in that way, a man and a woman came up and took all my money—I had a sovereign in my trowsers' pocket, and two halfcrowns and a shilling—I had the money safe when I parted with my friends, before I saw the prisoner—I had taken my money out when I paid for the gin; I think the prisoner had seen it—the man and woman went off the prisoner let loose my throat, and came down the street—I could not see whether he walked or ran, my sight was bad by his strangling me—I lost sight of him—I got sight of him again—he was standing in an archway—I did not see how he got into the archway.
Q. Did you not tell the Magistrate, "The prisoner let me go, and walked away? A. I might have said that—I could not say whether he walked or ran, I was so exhausted—I felt him let go—when I recovered I went down to the street—I think they call it Church-lane or George-street—I am a stranger in that neighbourhood—I am a native of Ireland, but I came from Manchester, and was living at No. 10, Hopkins-street—when I saw the prisoner again he was standing in a doorway, and another man with him—I called a constable, and gave him into custody.
Prisoner. Q. You went and had some gin; was it me who handed you the gin? A. Yes—I paid for it—I had a female with me—I came in contact with a girl—I had no words about who would have the money first—I paid for the gin—I did not go with the girl to a brothel; we went and sat on some steps in George-street—I told the girl to go back to the same place, and I would give her another glass of gin—she went away, and I suppose she told you to come to me—we went and had oysters, and returned to have another glass of gin, and the place was closed—it was about five minutes after you choked me that I gave you in custody—I did not find you in quite the same place where we had the gin—I should say it was twenty yards off higher up, towards Oxford-street—I was quite sober.
WILLIAM YOUNG (policeman, E 162). I was on duty in Church-lane at 3 o'clock last Sunday morning—the prosecutor gave the prisoner into my charge in a doorway—he said, in the prisoner's presence, that he put his
arm round his neck and nearly choked him, and a man and woman came and robbed him at the same time—the prosecutor and prisoner were both sober—it was daylight.
Prisoner. Q. What part did you take me in? A. In Walsh's-court Church-lane, thirty or forty yards from George-street—when the inspector asked the prosecutor what money he had, he said a sovereign, two half-crowns, and a sixpence, and the second time he said a sovereign, two half-crowns, and a shilling.
COURT to JOHN TOOHEY. Q. Did you make two statements about your money? A. I made a mistake; I said it was a sixpence instead of a shilling—I thought I had changed the shilling, but I had coppers to pay for the oysters without changing.
Prisoner's Defence. The prosecutor was totally drunk when he came to me, and he had two glasses of gin afterwards; it is hardly likely that a man, after such a robbery, should go and stand close to him; he came to me and had some gin; he then went and had some oyters; he came back and said, "Which is the way to Well-street?" I directed him; he went away, and shortly after he returned and stood by the side of me for a few minutes, and the officer came and he gave me into custody; except that I served him with the gin, I never was in his company.
GUILTY .† Aged 30.— Confined Fifteen Months.
THIRD COURT.—Wednesday, July 9th, 1856
PRESENT—Mr. Ald. EAGLETON; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Jury.
MR. ROBINSON conducted the Prosecution, and MR. THOMPSON the Defence.
GUILTY. Aged 79.—Recommended to mercy by the Jury on account of his age and apparent childishness .— Confined Six Months, with hard labour, such as would be suitable to his age and condition .
MR. RYLAND conducted the Prosecution.
SIDNEY ROBERT SMITH . I am a clerk in the office of the City Solicitor, who conducts this prosecution. I produce a certificate of the acquittal of Benjamin Poulton, in this Court, at the last Session—I got it from Mr. Clark's office—(read: See page 354.)
DANIEL RICHABD HARKER . I am one, of the ushers of this Court. I was present in the Old Court on Tuesday, 17th June, when Poulton was tried for stealing a watch—the defendant was examined as a witness on that trial—I administered the oath to him on the Old Testament—I heard the end of the trial, and was present when he was ordered into custody by the Court, for perjury—I handed him into the dock myself.
JAMES DROVER BABNETT . I am one of the shorthand writers attached to this Court. I was present at the trial of Benjamin Poulton, last Session—I took notes of the evidence that was given on that trial—the defendant was examined as a witness, I remember him—I have here my notes of his
evidence (The notes were here read: the part upon which the perjury was assigned was, that he had never applied to Mrs. Stanton, and said that he would give her the watch back, if she would gwe him three guineas.)
LOUISA ANN STANTON . I am a widow, and keep the Plough public house, Fore-street, Cripplegate. On Tuesday, 13th May, I lost a gold watch—I missed it about 6 o'clock—I had seen it last about 11 in the morning, on my watch stand on my dressing table, in the bed room—I sent for Bull, the officer, and told him of my loss—I afterwards had an interview with Poulton, and in consequence of what passed between us, I went on 15th May, with Ballard, the billiard marker, and Poulton's father, to the defendant's premises—I saw him in his shop, and said to him, "Did you buy a gold watch yesterday"—he said he did, and he had sold it again; that he had purchased it for 3l. 3s., and sold it for 3l. 10s.—it cost me 2l. guineas for workmanship only—I should say it was worth a great deal more than 3l. 10s.—I said to him, "You being a Jew, ought to know better the value of gold than to sell a watch at 3l. 10s., when the case would weigh down five sovereigns"—I asked him where he sold it—he gave three diffent statements; first he said he had sold it the day he received it, then that he had sold it the next evening, and thirdly, that he had sold it on that morning—he then said he should not say anything more on the subject, as he had communicated to Poulton's father the whole of the affair—I told him I should not leave his shop without my watch or him—he said, "I defy you to take me"—I sent Ballard for Bull, who came, and I gave the prisoner in charge for receiving my watch, knowing it to be stolen—he was examined two or three times, and then let out on bail—he came to my house on Sunday the 25th, with an old gentleman, who he said was his father—Mr. and Mrs. Bates followed us into the kitchen—the prisoner said, "Mrs. Stanton, I have brought you your watch, and I hope you will do as you said you would, give me 3l. 3s." or, "three guineas," I would not swear which, but I rather think it was "3l. 3s."—he produced the watch at the time—I replied, "I shall not give you three farthings, I shall compel you to give it up without"—he made a show of offering me the watch, I declined taking it; he then offered it me without money, and I also declined—I told him if anybody else had brought it besides him, I should have given them into custody, but I considered him in custody, therefore there was no necessity to give him into custody—this was the day before his final examination—I attended at Guildhall on the Monday—I then got my watch back—the prisoner gave it to Mr. Solomons, his solicitor—Mr. Solomons gave it to Bull, and Bull gave it to the Magistrate, and I received it back from Bull—I was present here last Session, when Poulton was tried for stealing the watch—the prisoner was then examined as a witness.
WILLIAM BATES . I am a nurseryman, near Windsor. On Sunday, 25th June, I was at Mrs. Stanton's, with my wife, who is a sister of her's—I was in the kitchen that afternoon, when the prisoner and his father were there, with Mrs. Stanton—the prisoner said, "Mrs. Stanton, here is your watch," holding it in his hand, "and I hope," or, "I expect," I cannot tell exactly the words, "that you will give me the 3l. 3s. that you promised me?"—she said, "I shall not give you a farthing, I should not think of it"—I persuaded her not to accept it, and she did not—she told him to give it up to Bull, if he wanted to give it up at all, and he went away.
ISABEL BATES . I am the wife of the last witness, and sister of Mrs. Stanton. I was present on Sunday, 25th June, the prisoner said, "I have brought you your watch, Mrs. Stanton, and I hope you will give me what
you promised me"—he either said "three guineas," or, "3l. 3l.," I do not know which—I know that was the sum—she said, "I will not, I will not give you three farthings," or something to that effect—he produced the watch, and would have given it to her—he aaid, "You will not object I should think, to give me what you promised?"—she said, "But I do object" I—there was a long conversation—Mrs. Stanton said to him, "Why did not you accept the money?" and he said, "I did not understand that he offered me three guineas."
Cross-examined. Q. Who did he mean by that? A. Poulton's father—Mrs. Stanton said, "Why did not you accept the money, and give up the watch, when we went to the shop?"—his words to Mrs. Stanton were, "I hope you will give me what you promised, 3l. 3s.," or, "three guineas"—I cannot tell which it was.
(MR. SLEIGH submitted, that the perjury imputed to the prisoner was upon a point not material to tfo issue then pending. The COMMON SERJEANT was of opinion, that as the case against Poulton rested mainly upon the evidence of the prisoner, anything affecting his credit was material; and that view was supported by the ruling of MR. BARON PARKE and LORD IENMAN: see Reg. v. Lavey, Car. and Kirwan. MR. SLEIGH further submitted, that it was not dearly made out as alleged in the indictment, that "three guineas" was the actual expression used by the prisoner; according to the evidenes it might have been "3l. 3s." which would be a variance fatal to the indictment MR. COMMON SERJEANT was not aware of any authority for saying that the exact words must be proved; it was, at all events, a technical, not a substantial objection, and could be amended.
(The prisoner received a good character.)
NOT GUILTY .
MR. RIBTON conducted the Prosecution.
JOHN NEIL . I am a sailor, and live at No. 2, Dorset-street, Ratclife. On 24th June I was with William Leonard, at the Turk's Head, Caroline-street, about 2 o'clock in the night, but it was daylight—a few minutes after I had been there the prisoner came in—I had never seen him before—we were talking about sailing up and down the river—the prisoner interfere, and made out that we knew nothing about sailing—there was a little dispute between me and him, and he called me a black legged son of a bitch—no blows were exchanged, but I left the house, and Leonard came out and sat on a step close behind where I was standing—the prisoner walked by me, and passed down the street—I followed him to the Ship public house—he stopped, and I came up to him—ho had his hand behind his back, and said, "You are a b—black leg," and struck me on the upper lip with a penknife—I fell from the blow, and, before I had time to get up, he struck me another blow on the cheek—he also struck me, just as Leonard came up, on the back of the head, and said, "Take that"—Leonard called out, "Police!" and "Murder!"—a policeman came in about five minutes, and the prisoner was taken—I had not struck him, or given him any provocation whatever—I had been drinking a little, but was nothing the worse.
Cross-examined by MR. ROBINSON. Q. How long is it since you were at sea before this transaction? A. A week that day—I had been to Liverpool—I went there in a vessel from here, and came back by railway—I came from Newcastle by steamboat on the Wednesday before—I have lived in
Dorset-street very nigh five years—my mother keeps a house there, a respectable private house—I do not know any person that goes by the name of Scotckey, but I have heard them talking about her—I was not with any woman that night, nor was Leonard while I was with him—I had not seen Leonard for two years, but met him that night, about half past 1 o'clock—that was the first time I had seen him, and we went into the Turk's Head to have a drop of brandy—I did not meet him near the Turk's Head, but very nigh a quarter of a mile off—when he came out of the public house, I followed him, because I did not know what he wanted of me—I followed him twelve or fifteen yards; Leonard was about a yard and a half behind me; he was about twenty yards behind me when I got up to the prisoner—I said nothing to the prisoner; that I swear; not half a word; but he said, "You are a b—old black leg"—I was not able to defend myself being rather the worse for drink.
Q. On your oath, did not you ask him for his money? A. Me ask him for his money!—Leonard and I did not follow him, and ask him for his money—the prisoner was not down on the ground to my knowledge, but I was; he was never on the ground at all—if the policeman says that when he came up I was on the top of the prisoner, that is false—I did not call out, "Police!" Leonard did—I had not my hand in the prisoner's pocket, that I swear, nor ever in any other man's—that is Mr. Keefe, the landlord of the Turk's Head—I know him well—I mean to say that a single word, and a score of words, passed between me and the prisoner in that public house—I there was a quarrel, just a sort of argument; it seems to appear that it was a very angry one—I saw no woman there—there was not a woman with the prisoner whom I had been speaking to before I went to that public house at all.
MR. RIBTON. Q. Do you say that the prisoner knocked you down? A. Yes—the prisoner was not on the ground during any portion of the time, that I am aware of—the second blow made me insensible—I bled a great deal, and was taken to the station by a policeman; I walked till just before I got to Shadwell Church, and then fell, and they took me on a stretcher.
WILLIAM LEONARD . I live at Caroline-street, Ratcliffe, and have been in the service of the Trinity Company twelve years, and am still On 24th June I was with Neil at the Turk's Head, about half past 2 o'clock in the morning—we were talking about sailing, and the prisoner came in and interfered with us—Neil went out, and went down our alley—I waited while the prisoner went out, and walked out after him—I sat down on the butcher's step, and saw Neil leaning on a post—I had had a drop to drink, but knew what I was about—when the prisoner and prosecutor were together, I came up with my eyes as if I had just woke up, and ran down, and saw the prisoner strike Neil with his hands, I thought, but I took the prisoner by his hands, and he had a knife—Neil was lying on the ground, bleeding—I saw him strike Neil one blow, but what he gave him before I cannot say—I never saw so much blood in a human being in my life—I shouted, "Police!" and in four or five minutes a policeman came—I had been drinking, but had a good deal of my senses about me—Cox, the police constable, gave nie a very nice rub with his elbow, and I got a very nice character from the prisoner, but I am not a paramour of women, though Mr. Pelham stated it in the Weekly Dispatch, and I may lose my character through it.
Cross-examined. Q. How long have you known Neil? A. Since his infancy, we were brought up together—I met him going home that night,
but had only seen him twice these five years—I was with him about a minute before we went into the Turk's Head—it is about 120 yard off and I walked there with him—I did not see the prisoner before we got into the public house—there was no female with him—I do not know a person who goes by the name of Scotchey a prostitute, I do not know who the girl is at all—I had been with no woman but Cox—the policeman took me for a person who had been with Scotchey, he swore that I was there, but I was not—we were in the public house about half an hour—the prisoner left not half a minute before I followed him—I was sitting on the step when Neil crossed over, I do not know what he crossed over for, on my oath—I saw him leaning on a post on the opposite side of the street, as we men do for hours at a time—I did not see Neil go down the street, I dozed off for about half a minute's sleep—I went down the street because I saw Neil receiving a blow, but I did not know that there was a knife—I only saw one blow—there was not another blow after I got there—I heard a rumbling noise which opened my eyes when I was in a dream, and happened to look at these persons, who were about twenty yards down the street—I just opened my eyes in time to see a blow struck, and before he had time to strike another I had him by the wrist—I did not see where the prisoner went.
MR. RIBTON. Q. Is there any pretence for saying that you were with a woman named Scotchey? A. No, and no other girl, it was not me I can swear, and bring witnesses to prove it.
MARTIN'M'KEW (policeman, K 87). On 24th June I was on duty just outside the Turk's Head, and saw the prisoner and prosecutor there—I saw a blow struck, but as I came to the end of Narrow-street, I saw the prosecutor on top of the prisoner, and the prisoner with a knife in his hand—the prosecutor was bleeding very much, there was a great quantity of blood, Neil was quite insensible—I lifted him up and gave him to Leonard, who came up just at that time and kept him up, as he was not able to stand—I did not see him lay hold of the prisoner—I saw this penknife (produced) in his hand, he opened his hand for me to take it—neither of them said a word, but I took the prisoner in custody in consequence of what I saw—Leonard assisted the prosecutor till we met a policeman—he went about 200 yards and was obliged to fall, we took him on a stretcher to the station—the prisoner said going along, that he was on his way home when he met a young woman who asked him for a pint of beer, and said that he would give it to her if she could find a place open, and she took him into the Turk's Head, and that on his way out he was followed by three, who knocked him down at a little distance from the shop, and he had nothing else to defend himself with but a knife.
Cross-examined. Q. Did you see a woman there? A. Yes, standing three or four yards off; she goes by the name of Scotchey—I did not see any blow struck—the prisoner told me that the three persons who knocked him down tried to rob him, and he used the knife in self-defence—he is the captain of a ship; he was sober.
MR. RIBTON. Q. Was Scotchey the girl who he said asked him to give her some drink? A. Yes, and that he took her into the Turk's Head—the landlord of the Turk's Head is here.
DANIEL ROSS . I am a surgeon of 10, Commercial-place—I saw Neil at the station, he was bleeding profusely from a wound on the upper lip and and another on the left side of the face to the extent of an inch and half or two inches—the upper lip was completely divided, and there was a slight wound
on the back of the head, he lost a great deal of blood—he was very violent while I was dressing the wounds, he was drank—he was in no danger.
Cross-examined. Q. Might the wounds have been done with such a knife as this? A. Yes, but not in its present state, it is bent.
TIMOTHY COX (policeman, K 127), Examined by MR. ROBINSON. Q. Did you on the night in question see Neil and Leonard? A. Yes—I know a prostitute named Scotcent, I saw her with Leonard and Neil about five or ten minutes before this, the two were walking together, and the female close behind—I saw them go into the public house together, and did not see anything more of them—I saw that female about three quarters of an hour before following Mr. Cummingson, she is now in prison for disorderly conduct—I only passed Neil and Leonard and Scotchey together, as I went on my beat—I saw them all three go into the public house, the female was close behind them.
MR. RIBTON. Q. Did you see anything of the wound inflicted that night? A. Yes, I met the constable and prisoner going along, and assisted in taking the prosecutor to the station, as he was very weak and dropped on the road—I went before the Magistrate next day, I was ordered by the inspector—no attorney has spoken to me about seeing Scotchey, nor before I was examined at the police court—seeing this girl with the defendant, I knew she was the girl—I got into the box at the police court to tell what I saw, and was asked whether I saw a female, and whether I had seen Leonard and the prosecutor—I did not see them speaking to the girl, I saw the two men go into the public house and the girl follow after them—it was three quarters of an hour before I saw them go into the Turk's Head that I saw her following them, and then I lost sight of them—I did not see where the prisoner was when she was following them—I did not see her go into the public house then—I had seen him three quarters of an hour previously going towards the Turk's Head and the girl following him; this was about three quarters of a mile from the Turk's Head—I do not know where the prisoner lives, but I knew him previously—I did not see the girl follow us to the station.
MR. RIBTON. Q. How long have you known the captain? A. Four years trading up and down, but I do not know anything about him.
(The prisoner received a good character.)
NOT GUILTY .
OLD COURT.—Thursday, July 10th, 1856.
PRESENT—Mr. Justice WILLIAMS; Sir FRANCIS GRAHAM MOON, Bart., Ald.; Mr. Ald. CUBITT; and Mr. Ald. EAGLETON.
Before Mr. Justice Williams and the Sixth Jury.
710. HENRY TROWERS, HENRY HORWOOD , and WILLIAM FLECKART , burglariously breaking and entering the dwelling house of Isabella Humphreys, at Hackney, and stealing therein 6 spoons, 6 forks, 3 watches, 2 rings, and 135l. in money, her property; and 4l. 15s., in money, of Eliza Cook, and beating, striking, and using other personal violence to the said Isabella Humphreys and Eliza Cook; and JOHN PAYTON , feloniously receiving 1 watch, part of the said goods.
MESSRS. BODKIN, COOPER, and LEWIS conducted the Prosecution.
ELIZA COOK . I am servant to Mrs. Humphreys, of Stamford-hill, and have been for two years and a half. On 24th April, about half part 9 o'clock, I closed the house, and went to bed about 20 minutes to 10—I was awoke before daylight by a noise—about 6 o'clock in the morning I got up; I first went up stairs, and then down stairs—I saw the parlour door ajar—I opened the door part of the way, and two men rushed on me, struck me on the side of my face, and I lost my senses for a moment—I beard my mistress scream, and I lost my senses again—when I came to myself; a man was kneeling on my side with a knife in his hand, which he held to my throat, and said, "Will you be quiet?"—I said, "Yes, if you will let me alone"—I then saw that there was a chopper, and a piece of wood lying by the table—he then put me in a chair, and while doing so another man came down stairs, and said something to the man that was with me, which I could not understand—one took one hand, and the other the other, and took me into the kitchen—the man that came down stairs asked me where I the plate was—I said that all I knew was three silver spoons—he said that they were only old things, and asked me where the money was—I told him that I did not know—he then held the knife to my throat, saying that I might do which I liked; tell him where the money was, or they would have I my life; that they had killed my mistress, and would kill me—I then told him all that I knew was in the house, I told them where the money was—they were going to take me up stairs, and I asked for a shawl, and a little water, which they let me have—they then took me up stairs, and I showed them where the money was—one of them broke the drawer open in the front parlour where he first attacked me; he then said something to the man who was standing by me, which I did not understand—he took a rope out of his pocket, one tied my hands, and the other my feet; the one that was with me the whole of the time then went up stairs, leaving the other with me—before they did that they carried me out of the front parlour into the back, after tying my hands and feet—he then went up stairs, and when he came down they wanted to bring my mistress down into the cellar, but he objected to it; he said, "They want to bring the old woman down into the cellar, but I object to it"—after they were gone, I got the rope loosened by working my arm on the arm of the chair, and then I got out of the window—I saw four men, their faces were covered; one with a red handkerchief, one with a piece of crape or net, the other with a piece of crape or linen put over his head, and his hat, on top of it, and the fourth I only saw through the crack of the door; I think his face was covered with something, but am not sure—when I got up stairs my mistress was tied with her hands across, and the rope passed under the bedclothes, and then tied round her legs, a thick handkerchief was tied over her mouth, and two pillows over her face—I found these strange tools (produced) in the wash house, about an hour after they left—this piece of steel was among them—this watch (produced) belongs to my mistress, I know it well—when I was taken down stairs I saw now they got in—the brick wall was broken down by the side of the wash house door, which was closed; that was fresh, and was large enough for a man to get in, it was about a foot from the ground—a man getting into the wash home would have access to the rest of the house; it is a passage leading from the wash house into which they broke, it is by the wash house door—if you got through the hole you would find yourself in the passage, and could get into the dwelling house—there was nobody whatever in the house but myself and my mistress—I know who I succeeded as servant, by sight; her name was Charlotte Towers, but it is Horwood now—about six or seven weeks
before the burglary, a man and woman came to my mistress's house; it was on 3rd Feb.—I recognise Fleckart as the man—it was the day before this letter came (produced, dated 4th Feb.)—I was not at home when they came, I came in while they were there, about half past 5 o'clock, or between 5 and 6 o'clock; it was Sunday, and I had been to church—my mistress told me, in the presence of the man and woman, that they had come to tell her that Mr. Rush had had two fits, and was lying at Salisbury—I said to my mistress, "Never mind, people have two fits, and they recover"—I then seated my mistress into a chair, because she was very ill; she is a very old lady—my mistress told me that the man (Fleckart) was ill—they wanted me to go with them to Mr. Bush's office, as he was going to be telegraphed—I did not go, I offered my brother or my father to go—the woman said to Fleckart, "Never mind, dear, you can call to-morrow, as you go to Waltham Grose"—my mistress told me to look at the man, to as to know him when he called the next day, and I looked at him—(he did not call the next day, another man called, and brought a note)—Fleckart appeared ill, and had some gin and water; he was then shown into the yard, that is where the brick wall is, through which the hole was afterwards made—he could see it when he was in the garden, and could see the door adjoining it.
Cross-examined by MR. RIBTON. Q. About how long were you in a state to observe the four men? A. About half an hour—they were there from 6 o'clock till ten minutes to 8 o'clock—it is about half an hour that I can speak to seeing them, it might be more, I do not think it was lees—I answered them when they put questions to me—the man that held me told me that if I was not hurt then, I should not be—the only thing I asked them was to let my mother know how I was tied—I did not have a good deal more conversation than I recollect the particulars of—I asked them not to kill my mistress; and they told me that they would drop a line to the inspector to tell him to come and untie me—the shortest of the four did not speak to me at all, the other three did—the one who did not speak to me is the one who I cannot positively swear to having a mask or not—I had not an opportunity of observing him—I was about the distance from him that I am from that table, but I only saw him through the crack of the door—I am sure there were four men there, and that I saw a man through the crack of the door—the door was open, and I saw between it and the poet—through the opening, not the crack, it was wide open—he was not standing there long—I was sitting in a chair—I did not hear them all go up to my mistress, but I heard them all four come down, because I was sensible when they came down—I heard two come down first and two afterwards—one of them used very foul language to me—the other two were drinking gin at the time in the room where I was, the fourth standing so that I could see him through the crack of the door—he did not stand there before he went up and after he came down; but I was carried from one parlour to the other—I did not-see the four men till they had come down—I did not see them give the fourth man any gin, but they took a bottle of gin out and left it on the stairs—it was through the back parlour door that I saw the man standing—the woman who came seven weeks before, was taken in custody, but I could not identify her—I say that the man that was there was Fleckart, I had never seen him before—I saw him again on, I think, the Tuesday morning after I saw him on the Sunday, walking along the street in Newington, near the Cemetery; I did not speak to him, I was in a green grocer's shop—he looked at me and I knew him directly—I did not see him
after that till the Sunday he was taken into custody—a policeman came for me and told me be Lad got a man in custody—he did not tell me who—I went with Mr. Rush, I knew that I was going to see some man, I did not know who—I thought I was going to see if he was one of the thieves—nothing was said to me about the man who was there on Sunday—he was there on Sunday about a quarter of an hour or twenty minutes after I was there—I offered him some spirits because he was going to drink water, but he declined—I heard him speak to my mistress—he had lit a candle before I went in, for my mistress to write her collector's address down—I was not there, but I found a candle alight when I came in, and a man, whom I say is Fleckart, and a woman, who kept her veil down all the time—on the Sunday following, when I saw Fleckart, I went back to my mistress directly and told her—on the Monday some man brought a letter, that was not Fleckart—I received the letter—when I saw him on Tuesday it was between 10 and 11 o'clock.
Q. Are you quite sure of that, because it is important? A. I am—I will not be positive about the Tuesday following the Sunday, but to the best of my belief it was Tuesday—I will consider; yes, it was Tuesday, I am sure—I have stated that before the Magistrate—it was at the shop of a person named Arbour at Stoke Newington, not Newington on the other side of the water.
Cross-examined by MR. LILLEY. Q. Was that watch worn? A. Yes—by my mistress—I know it by the number and by it's appearance—I knew the number before, it is 3,600—I also know it because it opens at the handle—there may be others that do the same.
MR. LEWIS. Q. When and where did you last see that watch? A. On the evening before, on my mistress's neck.
COURT. Q. On the chain? A. No, on a piece of tape—there was generally some gin kept in both parlours.
JUKY. Q. Was the man who held the knife to your throat in the kitchen, the same man who held the knife to your throat up stairs? A. No.
SAMUEL REYNOLDS . I am a surgeon, residing at Stoke Newington. I know Mrs. Isabella Humphreys—I have visited her professionally a few times—I saw her last evening, about 7 o'clock, she was in a state of extreme feebleness, quite incapable of making the effort which would be necessary to come into this box—she is about eighty years of age—she is in a perfect state of feebleness, in a state of physical exhaustion; her vital power is exceedingly feeble.
Cross-examined by MR. RIBTON. Q. Have you been long attending her? A. No; I understand she has not been in the habit of seeing any medical man for thirty years—I first saw her about a week ago—I was requested to call and see her—I suppose she sent for me—she was not in bed—she was in the room which she usually occupies, the front parlour—I did not prescribe for her—she did not require medicine—she has not left her house since this event—I saw her three times—my object was to ascertain her actual condition—I went to her in consequence of a message which I received from a lady on Stamford-hill, who had some acquaintance with her—I saw her three times—the last time was about 7 o'clock last night—she was then sitting in her chair in the sitting-room, where I had seen her previously—she conversed with me as freely as the circumstances required—I have no hesitation whatever in stating in the most unqualified terms her inability to coine here—her state is one of such extreme feebleness, that it would be very dangerous to her to make the attempt; indeed, if she were
here, I do not think her evidence would be of much use, for she is in such a state of agitation, that I do not think she could give it in a connected manner.
GEORGE HENRY LEWIS . I am an attorney, in Ely-place, and am conducting this prosecution. I was present on 20th Jane last, when the deposition of Mrs. Humphreys was taken, in the presence of the four prisoners, at Stamford-hill; it was read over in their presence and hearing, and they were requested to put what questions they pleased—a gentleman attended on behalf of Fleckart—Mrs. Humphreys signed her deposition in my presence, and the Magistrate, Mr. D'Encourt.
Cross-examined by MR. RIBTON. Q. There was a woman also in custody, was there not? A. There was; a Mrs. Perkins, supposed to be the sister of Slark—she was charged with being the woman that was at Mrs. Humphreys on the Sunday, she was in custody at Worship-street police court—she was not remanded, she was instantly discharged—she was merely spoken to by one of the prisoners, and of course the Magistrate said the mere statement of one prisoner against another would not do, and she was discharged.
MR. COOPER. Q. Was she called by any name when at the police court? A. She was charged by the name of Annie Perkins, and answered to that name.
(The deposition of Mrs. Isbella Hwmphreys read as follows:—"I am a widow, and I am nearer eighty years of age than seventy—I am not able to travel to London—in February, on a Sunday, a man and a woman came to my house—I let them in myself—they went into the front parlour—I think Fleckart is the man who came with the woman—before I let them in they said they had something particular to tell me about Mr. Rush, and then I let them in—my servant was not at home—when in the parlour the man, I think, said Mr. Bush has had two fits, one in the morning, and one in the night, and the woman told me to go close to the man, because he was deaf—I went close to him, and I found he was not deaf—one of them said, 'Hare you told the lady the worst?'—the other said something to him, I could not hear what it was—they stayed some little time—the man said how he got up the hill he did not know, that he was taken with diarrhoea—I had no brandy, and I gave them some gin—he had some gin and water, and the woman drank some gin—he went out of the front door, and I opened the back door leading into the back yard—as he passed, he halted at the steps leading to the kitchen, where the brickwork was removed—the woman remained in the front parlour; when I returned I found her there—she wanted to go up stairs to the water closet—I told her she could not go there, and then she did not want—the man came back into the parlour, and sat down, and I showed him Mr. Cattle's card, the collector—my servant returned, but, before she came back, they asked for my servant to go to the telegraph office—they had said that Mr. Bush was ill at Salisbury, and that Mrs. Rush had gone down to him—I refused then to let my servant go—they did not go, and there was a rap at the door, and I think the man went to the door, and my servant came into the room—they said they would come the next day, and let my servant know how Mr. Bush was—I said,'Take notice of this person, that you may know him again when he calls tomorrow'—he had said he would let me know at 11 o'clock to-morrow—it was nearly dusk at this time, and the man lighted a candle himself—they then left the house—the next day a man came with a letter to my house—it
was not the same man—to the best of my belief Fleckart is the man who came with the woman—the letter produced is the same the man brought the next day—he was alone—that letter opened my eyes—I did not take particular notice of that man—I cannot say that either of the prisoners is that man—the man said he would wait for an answer—I declined giving any answer—he asked me to give him something, and I gave him a shilling—I sent my servant for a fly, and I went to town to Mr. Bush's—when I was in the fly another man came to the window and begged me not to go, and said, 'Discharge the coach'—I would not—I do not know that I should know that man again—I cannot say that either of the prisoners is that man—when I got to town I found that the story about Mr. Rush was untrue—I remember the night of the burglary—I first felt something shake my head, and then I heard a noise; I awoke my serrant who slept in the same room, it was scarcely light at that time; I then heard a noise as you let off a volley of guns; I asked her if she heard a noise, she said, 'No;' I did not go to sleep again; I sat up in the bed; my servant did not get up till some time afterwards, and first went up stain and came down again, and ran down the stairs—I heard a scream in the house, and then heard footsteps running up the stairs, as of more than one person—some persons came into my bed room, I cannot say I saw two, but one held my right hand down by my side, and the other held my left hand; it looked like two black dogs jumping on the bed—the men said to me, 'Where is your money?'—I screamed, and they said, 'Will you be quiet' using foul language, and put a hand over my eyes, and pinched my nose, and held my lips, and caught me by the throat, and I could hardly breathe—when they found that, they took the hand from my mouth—they said to me, 'We have killed your servant, and we will kill you, 'and one said, 'Give me a knife, and I will cut her throat—they broke open every drawer and every locked place—there were three in the room, two on the bed and one breaking the drawers—the man on my left side put a rope round my right wrist and then tied my two hands together, and he then passed the rope from my hands to my legs, and tied my legs together—they then tied a handkerchief over my mouth and round my head, and put two pillows over my head, and I could not scarcely breathe at all, and I was everything but dead—I had a silver watch tied round my neck with a tape—they took that watch from my neck—the watch now produced is the same watch, it had a cracked glass in it; it had a common key attached to it with a piece of tape—I had a great many sovereigns in the drawers, I cannot tell how many—I had received on 14th Jan., with Mr. Bush, a lot of money—I put that somewhere in the room—I think I had other money then—I had a silver teapot, and some silver spoons and forks, two gold watches, one diamond ring, and other jewellery—I missed all the money and the articles I have named from the bed room—I afterwards saw that the drawers in the front parlour had been broken open, and I missed three or four 5l. Bank of England notes—I had received the notes from Mr. Birch, a tenant of mine, in Grove-lane—I had some gold in the front parlour, in a little table drawer, I do not know how much—I missed that gold also—the lock was broken open of the table drawer—when the men left, in going down the stairs, one of them said, 'That is the day we will come'—my gold watch I gave 12l. for—I did not touch any of the money I received when I was with Mr. Bush—I have no doubt that Fleckart is the man who came in February with the woman on the Sunday—the
woman who came with Fleckart had a very thick worked veil on at the time, which she kept down, and I do not think I should know her again—it was a black veil, and worked where it came across the nose."
JOHN ROGER RUSH . I am a solicitor in Austin Friars, and am the pro-fessional adviser of Mrs. Humphreys. On 3rd Feb. last I was in town, not at Salisbury, and was very well—Mrs. Humphreys has consulted me, I dare say for twenty or thirty years—I was in the habit of going with her to receive her dividends for the last two or three years—I cannot say exactly the amount that she received quarterly—last July she called at my office, and I went with her to receive an annuity in the Old Jewry—she received there about 103l., and 20l. besides at the Bank, and she would have it all in sovereigns, and I put them in her purse for her—this letter is not my wife's writing; it is dated from Austin Friars, I do not reside there, I only have offices there—Mrs. Humphreys brought me this letter on 4th Feb.
THOMAS WILSON . I live with Mr. Henry Thornhill, of 6, Championplace, Upper Clapton. On 25th April, I was washing my master's gig about a quarter or twenty minutes to 8 o'clock in the morning, and saw four persons pass—they were coming in a direction from Mrs. Humphreys'—I think it is nearly half a mile from there; it is over a quarter—I recognize Fleckart as one of those men—he had not the coat on that he has now, unless he had it under a loose top coat; it was a loose light coat—he had a hat on, and a red scarf round his neck—I was about twelve or fourteen yards from him.
Cross-examined by MR. RIBTON. Q. What makes you say this was the 25th April? A. It was the morning the robbery was committed—I had never seen the man before—when they came out of the road leading from Mrs. Humphreys' to the main road, two of them crossed over to me, and the other two kept on the opposite side—they crossed from the main road up a gateway leading to my master's house, so that I had a full view of their faces—they were not long in passing me, they were walking fast, in a sort of hurrying, worrying manner I thought—I had just finished washing my master's gig—I saw Fleckart next when he was brought in a cab with the other three to Stamford-hill, and when he left the house I recognized his face directly; that was a fortnight last Friday—the officer did not take me to see him—I mentioned to the officer having seen these four men the day after the robbery—the officer did not come and fetch me to see the men; I live close by; and hearing they were coming on the hill, I went to look—I had never seen Fleckart before the morning of the 25th—Trowers I have known for many years.
JURY. Q. Is Towers one of the four men you saw that morning? A. I do not think he is; I think if he had been I must have seen him—I cannot say whether he was or was not one of them, but I think if he had been there I must have recognized him—they were twenty-five yards from me—they had no bundle or anything with them—Fleckart had his hand in his pocket as if he was pressing it to his side, and I now and then could see him flinch, as if he was flinching from pain—neither of them had any bundle—I do not recognize any other than Fleckart.
COURT. Q. You say two of them crossed over, and one of those you think was Fleckart? A. I am sure of that—the other two men were twenty-five yards from me at that time, on the opposite side—my attention was attracted to them by the red scarfs which three out of the four tad got round their necks, muffled up to their mouths—I was just finishing
washing the gig, dishclouting it—I do not think they had any bundle, or I must have seen it—I feel confident they had no bundle.
GEORGE HOLMES . I live at Clapton, and am carman to Barber and Sons, plumbers and house decorators. On the morning of 25th April about twenty or twenty-three minutes to 8 o'clock, or thereabouts, I was driving a pony and van in Springfield, Upper Clapton—I had been on a message—I was coming towards Stamford-hill, out of Springfield—I met two men—when I first saw them they were on the run, but as they approached me they ceased, and came to a walk—they were coming in a direction, from Stamford-hill towards the marshes, in a direction from Mrs. Humphreys'—they were about half a mile from Mrs. Humphreys' house—they were dressed in dark clothes, both of them wearing red wrappers up to the chin—I noticed the men particularly—Fleckart is one of the men—I noticed him particularly, because he so much resembled one of our workmen; one of our painters—I have no moral doubt that he is the man—I saw two other men about eighty yards behind the first two—they came from the same direction, and when they came to the end of the road they hesitated for about a moment, as if they were doubtful which way to turn; they then came on towards me—they walked fast—as they came near me one of the men took off his hat, took a red handkerchief from it, and wiped it over his face; that completely hid his face, so that I could not see it—I believe Horwood was one of the men, but I cannot swear to him—his trowsers were spotted up to the knee, either with whitewash or paint, but I thought he was a painter—the men passed within two yards of me—they all passed me within the same distance, close along side—there was not a soul else about that morning—I am sure that the man I recognized was not the painter I knew; he was at work in the City at that time, at the Alfred Fire Office.
Cross-examined by MR. EIBTON. Q. Is that the reason you know it was not the painter? A. I have known him for twenty years or more, and I am quite confident it was not him, but the man so much resembled him that I took particular notice of him—I knew at the time that it was not him—I did not at first think it was him, because I could not mistake him, any more than I should mistake you if I met you again—I had never seen Fleckart before.
JUBY. Q. Did you notice whether the men had any bundles? A. No, I did not, I cannot say whether they had or not—it was a bright morning—I will not be certain whether the sun was shining, but it was a bright morning.
Horwood. Q. Did you swear to my trowsers at the Police Court A. No, you had on splashed trowsers there, I could not swear they were the same, or that they were not.
COURT. Q. Can you say whether any one of the four men you saw is not now at the bar? A. One is there, Fleckart, and one is absent; I am sure there was a man among the four who is not now at the bar—I can say that from my recollection of their appearance.
WILLIAM HARWOOD . I am a bricklayer, living at Tottenham High Cross. On 25th April I was at work cleaning out the River Lea, and saw four men, I recognize Fleckart as one of them—he was walking in this way (with his hand to his groin)—he seemed to hold himself up—he had on a very dark coat, it appeared to me like a dark green coat—three of them had red handkerchiefs round their necks, one had a bundle, and one had something
like a box tied up in a handkerchief—they were coming down by the waterworks wall when I saw them, from Lea-bridge—I was at work just below Lea-bridge, near the waterworks—I was on board the Sampson, that cleans the river out; the men were going towards Stratford, on the Essex side, the Waltbamstow side—they were going towards Temple Mills way—I did not see them come across Lea-bridge—they were all four together.
Cross-examined by MR. RIBTON. Q. Fleckart is the only man out of the four that you can speak to? A. I do not know either of the others—I had never seen him before—I might be twenty or thirty yards from him—the spot where I was working is about a quarter of a mile from Lea-bridge—I was twenty or thirty yards from them when they passed me—I took notice of them for some distance, they all seemed to look us very hard in the face when they passed us—I saw all four of them full in the face—that was only while they passed—I next saw Fleckart at Worahip-street—I went there by myself, I had a summons to go, some one brought it me, I cannot say who—I had mentioned having seen these four men—I knew that I was to go to the Police Court, to see if I could identify any of the men—Fleckart was then in custody—I believe only two were in custody at that time, Fleckart and Trowers—I said then that Fleckart was one of the men.
MR. BODKIN. Q. Where was he then, before the Magistrate, or in another place? A. Before the Magistrate—there were two men there, I believe, when I saw him first, afterwards I saw the four—I knew him as soon as I saw him, I have no doubt at all about him.
GEORGE LANGDON (police sergeant, N 27). I know the locality about Lea-bridge pretty well—I know the Temple Mills—persons going from Stamford-hill towards Temple Mills would cross over Lea-bridge—the high road from Stamford-hill would take them through Hackney, and that way into London; but when they get to the turnpike at Clapton, turning to the left would take them to Lea-bridge—that is a less frequented road than the high road—as you cross Lea-bridge, the Temple Mills are on your left; that would take them back again nearly opposite Stamford-hill—I beg pardon, it is the Copper Mills that are on the left, Temple Mills are to the right—persons going over Lea-bridge to the neighbourhood of Whitechapel, could go to London without going to the Temple Mills; they could go near the Temple Mills if they thought fit—it is between Lea-bridge and London—I took Fleckart into custody on this charge on 5th May—he was at his own lodging—I told him he was charged with being concerned, with three others, in committing a robbery at Mrs. Humphreys', at Stamford-hill—he said, "Have you any one else?"—I said, "Yes, two men and a woman"—he said, "Good God, I am sold!"—I said, "You are further charged with going to Mrs. Humphreys' house, with a woman, five or six weeks ago, with intent to commit a robbery"—he said, "Well, if I went with a woman on that occasion, that does not prove that I committed the burglary; I can prove I was ill the day it was done"—I had not said anything to him about the day upon which the robbery was effected, and I made the reply, "I have not said what day; what day are you speaking of?"—I do not think he made any reply to that—I left an officer in charge of him—I saw him again two or three days after—I asked him how he felt this morning—he said, "Very weak"—I said, "You are not able to be moved yet, I believe"—he said, "No; I hope in a few days I shall be able to get on my legs, and get out with you.; and if you will allow me to go with you, I think I can take you to the other parties," or "to find the other parties," or words to that effect—"I think I can take you to find the other parties," those were the
words, "but I dare say they would kill me hereafter"—I took Trowers into custody on the evening of 4th May—I told him he was charged with being concerned, with others, in committing a burglary at the house of Mrs. Humphreys, at Stamford-hill, on 25th April last—he said, "I know nothing about it"—I said, "You must go with me to the station"—he went with me—on the way he said, "Stop; I think I can tell you a little about it; there is a man living over the water, in the Westminster-road, by the name of Fleckart; a woman named Perkins, residing in Lion-street, Kent-road; they keep company together; they frequent my brother-in-law's house, in Trafalgar-street, Walworth; I remember Fleckart and the female coming and talking to my sister, on several occasions, at my brother-in-law's" (Horwood is his brother-in-law), "and on one occasion I heard my sister telling them what a good lady Mrs. Humphreys was, and what a rich lady she was;" and he said, "My brother in-law (Horwood) and myself agreed to meet Perkins and Fleckart at Kingsland-gate; Fleckart said he would go and have what the old woman had got; we met at Kingsland-gate; Fleckart and Perkins went on the hill, and my brother-in-law and I followed them; Fleckart and Perkins were to go inside, and me and my brother-in-law were to remain outside; Fleckart and Perkins went in to Mrs. Humphreys' house, and came out again in a short time, saying, 'We cannot do it now, without we part them'"—he then said, "I know nothing of the burglary myself, and that is all I know about it"—I then took him to the station—in consequence of what he stated, I went to Horwood's house, and gave him in charge of another constable—I told him what he was taken for—he said he knew nothing about it—I then went to No. 4, Paris-place, New Paris-street, Lambeth, and found Fleckart there—I have stated what passed between us—I produce some tools which I found in the front parlour of Mrs. Humphreys' house—I examined the hole that was made in the wall leading into the passage, next the wash house—that was where the entry had been effected—I found that these tools had been used in forcing the brickwork out, and two or three drawers were broken open—in consequence of information, on 28th May, I went down to Portsmouth; I found Payton living there, at No. 8, Park-street—he was employed as a warder on board the Stirling Cattle, convict ship—I went to his house on 2nd June, for the first time—he was not in the way when I first went, I met him on the road the same afternoon, as he was going on duty; I stopped him, and said, "I understand your name is Payton"—he said, "Yes"—I said, "I am an officer belonging to the London police, I have come to make a little inquiry respecting a man named Henry Slark, who has recently been discharged on a ticket of leave from the ship on board which you are warder; I understand he has been lodging at your house"—he said, "Yes, he has"—I said, "When did he first come to your house?"—he said, "On 28th or 29th April I believe"—I said, "Did any one come with him?"—he said, "A female"—I said, "Did he bring anything down with him?"—he said, "Yes, a carpet bag, and it appeared to be rather weighty"—I said, "Do you know where he is now?"—he said, "No"—I said, "Have you not heard from him since he left?"—he said, "Yes, I had a letter from him"—I said, "Have you got that letter?"—he said, "No, I have burnt it"—he said, "I hope you will not mention this to head quarters, that he has been lodging at uiy house"—I said, "Perhaps not, if you will assist me in finding the man Slark"—he promised me he would do all he could, and with that I parted from him—on Saturday, 7th June, in consequence of what I heard, I procured a search warrant from a Magistrate,
and went with it to Payton's house—I did not show him the warrant—he was in bed—he came down stairs, and said, "Have you heard anything fresh?"—I said, "Yes, I have, something very serious against you, Payton" I—said, "This robbery that he is accused of at Stamford-hill, there was a great deal of plate and jewellery, and other property stolen, has he left any behind at your house?"—he said, "No, he has left nothing at all here"—I said, "Do be cautious, if I should trace anything, or find anything after this notice, it will be a very serious thing with you, you had better look minutely and see"—he said, "I am quite certain there is nothing here"—I asked him if he saw Slark with any watches at the time he was there—he said, "No"—I said, "Has he given you a watch, or left one here, has he given you one for a keepsake?"—he said, "No, there is no watch here"—I said, "I am informed you had a watch on board the other night that you had never been seen with before"—he said, "Good God! who could have told you that? what will they say next?"—I said, "Payton, I have a warrant to search your house, and I am waiting for the superintendent to come, and no doubt you will be taken into custody"—upon that he paused for a second, and then got up and went out of the room, and went up stairs with his wife, who I believe was at this time in the passage—in about five minutes his wife and he came down stairs; his wife had a watch in her hand, and said, "Here is a watch that I found upstairs, which they must hare left behind"—he said, "You must not take that guard, that is mine"—there was a silver guard to it—I took possession of the watch and chain—I said, "I shall take charge of the guard, if it be proved to be yours, no doubt you will have it again"—I then left—I afterwards went again and searched the house further, but found nothing material to this inquiry—he was taken into custody—I came up to London, and showed the watch to Mrs. Humphreys—it is the same watch that has been produced to-day; it is the watch that was produced before the Magistrate, when Mrs. Humphreys' deposition was taken.
Cross-examined by MR. RIBTON. Q. When you had this conversation with Fleckart, was he very weak, and in bed? A. Yes; it was at 11 or 12 o'clock in the morning; his wife was there, but she went out—I made a memorandum of the conversation at the time—I have not got it, I mislaid it somewhere, I looked for it when I was at the police court the last time, but I could not find it in my book—I am detailing it now from memory—my first interview with him was on the morning of 5th May; that was when he was weak and in bed—I had not got that memorandum when I gave evidence at the police court, I had mislaid it before I gave evidence there—what I said there was from memory also—I sometimes make memorandums of long conversations—I have known the witness Smith, three, four, five, or six years—he has not given me a good deal of information from time to time—I have not been very intimate with him—I hare not been surety for him at a loan office, I swear that, nor for his brother, or any one connected with him, neither a loan or a guarantee; I have been guarantee for no one.
COURT. Q. You mean that you have had no transaction with Smith, except in connection with this trial? A. No, nothing more than seeing the man in the street, and passing "Good morning," and that kind of thing; he lives in the neighbourhood where I am stationed—I had no business with him, or on Iris account.
MR. RIBTON. Q. Has he ever been a witness for you in any case before? A. His brother was, about five or six years ago, in a case similar to this, I stopped three housebreakers, he was at work at the time at a house, and he
came and assisted me; that was not the witness, but his Brother—Smith was never a witness in any case in which I was concerned that I remember—I swear that he was not a witness in the case to whicli I refer, I do not believe he ever was a witness for me before in any other transaction; I do not recollect having anything to do with him at all in any court before—I have not altogether a bad memory, I forget things sometimes, like others—I do not think I should forget his being a witness for me if he had been one—I have known him five or six years, he has not been convicted to my knowledge—he is a plumber and painter—I cannot say whether he is in regular employ, he does not live in the same neighbourhood I do, his brother does—I believe he is in regular employment—I have seen him at work at various places I pass—I have seen him to-day—I told him not to be out of the way, he would, no doubt, be wanted in a short time—I drank with him the other day at the police court, but never before, I think; he came into the same room where I was—I swear I never drank with him on any other occasion—I do not believe I have, I believe I was never in a public house with him in my life—he is a man I never had anything to do with, I know nothing of him more than meeting him—I had a description given to me of Slark, I went down to Portsmouth for the purpose of apprehending him—am I bound to answer what the description was that I received—it may be the means of his evading justice—I will do so if you like, I do not want any one to know that I have got a description of him, I have every reason to believe that I may get hold of him in a short time, and perhaps if I were to state the particulars in open court it might prevent my doing so—I have not got the description with me, it is at the police station—(MR. RIBTON. submitted that he was entitled to have the description. MR. BODKIN contended that it was irrelevant. MR. JUSTICE WILLIAMS was of opinion that as it was given in writing and tfie writing was not produced, it was clearly inadmissible).
Cross-examined by MR. LILLEY. Q. When did you go first to Portsmouth? A. On 28th May—I found Pay ton living in a respectable house—I do not know how long he had been a warder on board the Stirling Castle—I told him I was a police officer from London—when I made inquiries respecting Slark, he answered me without hesitation—he told me he had been there with a female—I do not remember his saying that he believed the female was his wife, he might have said it, a great deal of conversation took place—I have not repeated the whole of the conversations, I saw him more than once, I applied to Captain Warren for the assistance of some of the men to assist me in finding Slark—I saw Payton five or six times, and on each occasion I had conversation with him—he on each occasion answered my inquiries without hesitation—I went down there on 28th May, but did not go to his house till 2nd June—I saw him on 2nd June, and had some conversation with him then when I met him—I think it was on the 7th when I went to his house and the watch was produced, it was on the Saturday—I had various conversations with him between the 2nd and the 7th about Slark—he did not tell me that the reason he had received Slark there, was on account of the badness of the weather—I am certain he never said that he had lodged there for a time because the weather was so bad—he never stated any reason for his being there—I do not recollect his saying anything about an inn, he may have done so, I do not recollect it, but as to the weather I do not think I should have forgotten that—I believe, from what I have been told, that Payton has formerly served in a regiment of infantry—when I went to his house on 7th June,
his wife was not in the room, in the first instance; she came and opened the door to me; she was in the passage—he was in bed in consequence of his night duty as a warder—he came down stairs to me—his wife came into the room afterwards, when she brought the watch.
Horwood. Q. You were present when I was taken into custody, were von not? A. Yes, another constable was with me and Smith the witness, he was in custody at the time, I told him he must consider himself in custody, I should not part with him till he had cleared his points up more than he had, for I suspected he was one of the parties—I kept him in custody for a short time, on suspicion—he did not assist me in searching your place, he did not open all the drawers, he was in the hands of a policeman, he could not move—I did not see him do it—I cannot say whether he was in both the rooms at the time the place was searched—he was in company with the other constable—I should say he would hardly allow him to do that.
MR. BODKIN. Q. Were all the conversations you had with Payton up to 7th June, on the subject of Slarkl A. Yes—nothing was said about any charge or suspicion against himself until 7th June, when I took him into custody—I took Smith into custody because he was in company with Towers.
MR. RIBTON. Q. Which of these men did you apprehend first? A. Trowers—that was not in consequence of anything that Smith told me—it was in consequence of what Trowers told me that I apprehended Fleckart.
COURT. Q. Was Smith with you when you apprehended Trowers? A. Trowers and Smith were walking together in the Queen's-road, Dalston—I had not arranged with Smith that that should be so—it was by accident that I met them—I had not had any conversation with Smith before I apprehended Trowers—it was in consequence of information from some other quarter—I apprehended Smith because he was in company with Trowers, and at the time I took Trowers my brother constable took Smith.
MR. COOPER. Q. When you took possession of the watch at Payton's house, was it going? A. Yes.
HENRY BOVIS (policeman, L 397). I and a brother constable took Horwood in custody, I told him he was charged with breaking into Mrs. Humphreys' house at Stamford Hill—he said, "I know nothing about it"—I assisted the sergeant in searching his house, but found nothing relating to the robbery—on the way to the station he said, "Thank God, I am out of that mess of breaking into Mrs. Humphreys' house"—I took Fleckart to the Kingsland station, and in the cab he asked me how Mrs. Humphreys was—I told him that she was very ill, and I did not think she would recover—he said, "If she dies, that will make it the worse; do you think it is likely that you will get hold of any of the others?"—I said, "Most likely, in course of time"—he said, "I hope to God you will, for it will make it the lighter for me"—I heard sergeant Langton caution him that whatever he stated he would mention to the Magistrate.
Cross-examined by MR. RIBTON. Q. Was the caution given before all this was said? A. Yes—I did not take the conversation down in writing, it took place in the cab—Fleckart, and me, and Myall, another constable, who is not a witness, were in the cab, it was between 11 and 12 o'clock in the day—I should say that he was quite recovered then—he had not been in the hospital that I am aware of—Myall remained at his house with him, and there was another, they relieved one another—he was at his house about a week—the conversation in the cab was, I think, on 11th May—I have not been in any case since.
Horwood. Q. Was anybody with you when you searched my place? A. Yes, sergeant Langton and a man named Smith—I took Smith into custody the sergeant ordered me to do so—we apprehended him previous to searching your house—he did not search the drawers.
JURY. Q. How came you to take Smith with you? A. When we took him into custody he said that he was innocent—sergeant Langton was afraid to let him go, for fear he should go over the water and warn the other parties of it—I cannot give any other explanation of it than that we did not know what to do with him.
GEORGE SMITH . I am a plumber, painter, and glazier, of No. 11, Dunstan-street, Kingsland-road. I know Horwood, he is married to my wife's sister—I know Trowers, he is ray wife's brother—I recollect, last Jan., going to a lodge meeting at the King's Arms, Milk-street, Spitalfields—Horwood was there, he is a member of the society—Fleckart came with him, and was introduced by him as his friend—he called Fleckart Bill, and said that his friend Bill was the man for Mr. Humphreys' job that he could make tools, and was not afraid to use them—Fleckart was within hearing when that was said—I shook my head at Horwood to tell him not to speak in that manner; I did not tell him—I told a police constable afterwards of that—on a Sunday morning, after some parties had been to Mrs. Humphreys' house, and an attempt had been made, I saw Trowers—I think it was in Feb.; I went out with him, and said, "I understand Mrs. Humphreys' house has been attempted to be robbed, and you know something about it"—he said, "I know nothing about it"—I told him I was sure he did know something about it—he then told me that he and Harry (that is Horwood) and Annie (Mrs. Perkins) met a friend of his at Shoreditch Church, and walked up the Kingsland-rond—he said, "I and Annie walked up the left hand side, and Harry and his friend walked on the right hand side, and carried the tools; we walked till we got near to Mrs. Humphreys' house, and then we parted; the man and Annie got into Mrs. Humphreys' house, and me and Harry watched outside; they stopped in, the house for some time, and then they came out, and said that they had not got anything; that Mrs. Humphreys treated them so well that the men had not the heart to rob her"—he also said that when Annie's brother came home, whose name I hear is Slark, he would break into the house if he got down the chimney, or had the slates off the house, or got in through a brick wall, for he was a very determined fellow—I pressed him, of course, to hare nothing to do with such an affair, and so on—a few days, or a week afterwards, I saw Horwood, and he told me the same story as Trowers bad told me, that he, and Annie, and they all met at Shoreditch Church; but, in addition, he said that his friend ill, the engineer, was the man that weni, and that he would go through the chimney but what he would get in—I afterwards heard of the robbeiy being committed, and saw Horwoed and Towers together at Horwood's house, in Trafalgar-street, Walworth, about two days after it was committed—I think it was at the latter end of Feb., or the beginning of March, that I heard that the robbery was committed—I told them that the house had been broken into, and Trowers said that Annies brother and some of his pals had done it, and Horwood said the same—they asked me whether I knew how much was taken away—I told them I did not—they said that if they saw the tools ihey should know whose make they were, and that what was stolen was far enough in the country by this time—about two days after that I saw Horwood, in the presence of his wife, who is vory deaf; she cannot hear, unless you speak
loudly to her—she said that she wished she had never spoken about it; she wished her tongue had been cut out rather than she should have spoken about it—when Horwood was taken the policeman took me to his house, and would not allow me to go away—he told me that must not go away, I must keep with them—Horwood said'that he should like to see the took, that he should know them—he said so several times, but nothing further.
Cross-examined by MR. RIBTON. Q. When did you make any communication first to the police? A. I think it was about January; it was shortly after the meeting at the lodge—Towers is my wife's brother, and Horwood married my wife's sister—have not known Horwood above two years; I have known Towers a longer time—have been convicted; a quart pot was bent one day, and took it out of the house, and was going to throw it over a wall—there was nobody on the other side to catch it—it was considered that stole the pot, and was convicted, and had six months, that is eleven years ago—have never been convicted before that or since, but have got an honest living—am a plumber, painter, and glazier—I work for customers whom have, respectable people—in Jan. last had many customers, I was at work—know the policeman Langdon by his being a policeman—never was a witness for him in any case, nor has my father to my knowledge—nobody took me to this lodge meeting at the King's Arms, I went by myself; there is a meeting every week, it is the Loyal United Friends—saw Fleckart there, he came with Horwood, did not see them come in, but I should naturally suppose they came together, they were acquaintances—know that, because Horwood introduced Fleckart to me as his friend on that evening—Horwood is a member—there were a few people in front of the bar whom I knew, being members of the society—I told the policeman what Horwood told me, and told the Magistrate—I told several policemen at the time—shook my head at Horwood, thought it was a shameful thing for him to endeavour to do such a thing—I thought it was very imprudent to talk openly of such matters; thought, as an honest man, that it was very imprudent of him—I did not think it might interrupt the harmony of the meeting—the robbery was committed in Feb. or March—hardly knew where Mrs. Humphreys' house was, know now; did not know exactly where it was situated in Jan.—heard of it first by Horwood telling me that his wife had robbed Mrs. Humphreys while she lived with her, and that he intended to have some more of her money—first heard of the robbery when was told by a policeman at Hoxton—cannot say exactly whether that was in Feb.—did not tell that policeman of the conversation at the lodge—had told other policemen before that, one named McNallen and one named Jefferys, that it was their intention to rob the house; told them that in Jan., twice or three times—I mean to say that told those two policemen in January that Horwood and another man intended to rob Mrs. Humphreys' house—did not tell Langton, I did not happen to meet with him nor Bovis—have not seen a single policeman here that told—think it was a man named Watts that stated that the house was robbed, I am almost certain; he knew that had told the police beforehand that it was their intention to rob this house—I know that because he told me so—he told me that the house had been robbed; I suppose that was because he had heard, very likely he might have heard it—I had not told him at the conversation at the King's Arms—am not certain that Watts did tell me; it was either a man named Watts or Jefferys—do not know what made them tell me.
Q. What made you tell me just now, that they told you because you had
told the policeman? A. Yes, most likely; I do not know the sentiment of their minds—I had told them previously that I had heard, in Jan. last, that they intended to break it open, and I told the police of it—it was in the middle of the day that he met me, or in the morning, I will not swear which—Watts is not here that J know of, or Jefferys; I should know them if I saw them—he knew ray name, he is not a friend of mine; if I see a policeman I consider him to be a respectable man, and speak to him—he knew my name, because I have lived in that neighbourhood for years, and all the policemen know my name; he called me Smith—I have known Watts ten years, but I cannot say whether it was he or Jefferys—it was in March that they first told me about the house being robbed, I never heard it till I heard it from them—that policeman, whoever he is, I had known for some time; I do not know who it was, it was spoken between two or three of us—I am not certain that it was either Watts or Jefferys; I think it was one or the other; I think it was Jefferys—it was either one or the other—I am not certain.
Q. If either Watts or Jefferys told you that Mrs. Humphreys' house had been broken into, would not the natural reply be, "I heard in Jan. that it was going to be broken into?" A. I had told Jefferys—I mean to say that Jefferys was the man I told—I believe the house was guarded, the police ought to have guarded it after the information I gave, if they did not do so—I have not seen a single man here to whom I mentioned this conversation—I have not been drinking with Langdon—I have been in the same room as he has at Worship-street—I never recollect drinking with him in my life previous to this affair—I heard of the robbery in Feb., and saw Towers two or three days afterwards—I saw Trowers first, and mentioned the affair to him—this (produced) is a letter which I have had sent tome—Ido not know whether it is necessary to show it, I got it last Tuesday week—I do not know who it is from, there is no name to it—I did not tell Troweis what the prisoner told me, but I told him that the house had been broken into, and he said that Annie'ss brother had done it—his name, I believe, is Slark—I saw him once, I believe; if he is the same man he has dark whiskers.
COURT. Q. Does he pass for Annie's brother? A. No—I saw him at Mrs. Perkins' house; I saw a man who I expect was the man—he was not called Slark there—I rather fancied he was the man, I do not know the man personally.
MR. RIBTON. Q. How often did you see him there? A. Only when Mrs. Perkins was taken into custody—he was in London, but I do not say he is the man—I have seen Mrs. Perkins two or three times, I have been there with Horwood, and it was there that I saw the man—it was not a visit, he has called when he went past—I was with Horwood, because he is related to me—I went twice to Mrs. Perkins', we had some gin one day—it was on the morning that Mrs. Perkins was taken that I saw the man there—I went because the police made me go—Trowers told them, and I told them as well—I mean to say that there was a man there, Who I thought afterwards was Slark.
Q. Was he there when you and the policeman went in? A. I did not go in, I stood outside the door, and he was in the passage—I believe he ran away—I cannot tell the place where he is—I hope you will have him here before long—I knew Mrs. Perkins by no other name than Annie; I saw her first about eight or nine months ago—I never asked Horwood or Trowers if Annie's brother had come home—when I told Horwood of the
burglary, and he said that Annie's brother, or some of his pals, had done it, I said, "I suppose Annie's brother has come home then 1" and he said, "Yes, he has"—he made a laugh of it, and said that it was all right, a long was country before now.
Horwood. Q. What is the reason you did not come and give your evidence when I was taken into custody on 5th May? A. Because I was told not—you were discharged and were at liberty for six weeks before they took you again: you discharged on the first occasion—my brother told me not to give evidence, but that the better plan was for me to go home, and go to bed, as I was tired—the police kept me out the best part of the night, and I did not think it necessary for me to go.
Horwood. It in out of spite, he owes me a bill.
MR. RIBTON. Q. Were you in custody for this? A. The policeman told me that I must not go away until they thought proper to let me go.
COURT. Q. How long were you prevented by the police from going away? A. From 9 o'clock at night till 4 or 5 in the morning—I might have gone away at 3 or 4 o'clock, and during that time I went to Horwood's—I might have gone home if I thought proper—they took me home in a cab, about 8 o'clock, but I think I might have gone at 4 if I felt disposed—I cannot say that I waited of my own accord—I fix upon 4 o'clock, because that was the time that they went to Perkins', and I went with them—I was still detained, they told me that I must not go away—I came back from Perkins' to the station with them, and they took me home in a cub at 8 o'clock in the morning, and left me there at large—it was about 9 o'clock, I think, when I met my brother, and he told me that I had better go to bed.
Horwood. Q. Do not you owe me a bill for work I have done for you? A. I do not—I did not come and obtain a coat from your house under false pretences—I never had a coat from your house in my life.
MR. COOPER. Q. Is your brother a friend of Lewis's? A. He knew him by seeing him—he is no particular friend.
JURY. Q. Did you search Horwood's drawers? A. No—I was never on unfriendly terms with Horwood—I do not owe him any account or bill—he did a Little job, which I paid him for.
MR. RIBTON. Q. Did not the policeman tell you you must consider yourself in custody till you had cleared up your points? A. No, I do not remember their saying I must remain in custody till I had given some satisfactory account of the matter—I had given information to the police before this affair happened at all.
COURT. Q. Do I understand you to say that you never were in custody except during that night that you have mentioned? A. Never since, for eleven years.
WILLIAM THORBIRD . I am foreman to Massey and Son, engineers. Fleckart was in their employment—on 24th April, at breakfast time, he alleged that he was unwell, and required to go home—he left and has not returned since—I should have expected him back next day if he had not said that he was unwell—I told him if he felt unwell he had better go home, and perhaps he would get better, and he could return as soon as he was well—I know this piece of steel (produced), it has been manufactured into a chisel—it is our's—I know it by the make—it is a peculiar kind, which is made for us—I cannot say when I last saw this particular piece, but it is of the kind which we received from the steel manufacturer for a particular purpose, for the manufacture of springs—it is made
to a particular gauge for us, and is of a peculiar make and size—we keep book in which we enter the days of the workmen at our place—on 4th Feb Fleckart was not there.
Cross-examined by MR. KIBTON. Q. How long'have you known him? A. Over two years—I have looked at the book—I should not have known without looking at it. (The COURT considered that if the witness had no independent recollection of the fact, the book must be produced). I do not know where he was before he came to us, except from what I have heard him state—I do not know that he has been with Messrs. Burton for two years before he came—I have no knowledge of him before he came to our shop—I heard him say that he worked with Stephenson and Co., and that he was in the South Eastern Railway Company's service—we always get a character with every man in the employ, his moral character, and ability as a workman—I have never heard his honesty called in question—he hid not been complaining to me for some days before he Jefb—he said that he was unwell, and thought it was a touch of the gravel, which he was subject to—his wages were 30s. a week—there is no particular mark on this piece of steel—we have about eighty workmen—the steel is not kept in pieces of this length, but in bars five feet long—I do not know that pieces of this length are about the shop, but pieces can be shortened to any length—no workman is understood to touch them except the smith—other engineers in London have not the same sort of steel, because it is not for engineers—it is for printing machines, of a class to which these springs are applied—we have had 120 men in the employ, but we had about eighty on 24th April.
GEORGE GOUGH . I am a surgeon of the New-road, Hackney. On 26th April, I was called in to attend Fleckart, professionally, for inflammation of the testicles, which I think was recent, it was very acute—recent inflammation would be of that acute kind—he said that it happened from assisting an intoxicated person up stairs—a person with a testicle of that sort could not walk many miles—he might have walked, but with very great difficulty indeed—a man with an inflamed testicle would walk easier with his hand below it, supporting it in his hand—I do not think holding his hand in his pocket, and pressing against the nerves would give ease to it—I think he would hold it, in his hand.
Cross-examined by MR. RIBTON. Q. Pressing against the lower part of the abdomen would render the swelling more distressing, would not it? A. Not without he pressed upon the testicle itself, but if he bent his body forward he would gain a little relief—I examined it carefully, it was very much swollen, I treated him for it—I saw marks where leeches had been on, he told me that he had been to St. Thomas's Hospital and showed me a paper—I think this (produced) is the paper—he said that he had been at the hospital and that they had ordered him leeches and some lotion—this is the prescription: "Blue pill to be taken at bed time, eight leeches to be applied, and draught to be taken in the morning, April 24th—his wife let me in, she was not in the room, he was in bed and unable to move—I saw the marks of the leeches on the testicle.
MR. COOPER. Q. You cannot tell why or wherefore they were given? A. To reduce inflammation, it was a proper remedy for a man suffering under his malady.
JOHN BEALE . Q. I am a warder on board the vessel lying next to the Stirling Castle convict ship, and was watch on board—there are six or seven warders and there was a dispute as to the time—Payton, who was present, appeared to me to draw a watch out—I did not see it, but he said, "It is
such a time, by me"—his hand went apparently as if he took a watch, out of his side pocket, his great coat was on—he appeared to look at his hand when he told me the time—I had never seen him with a watch before and never heard him tell the time before—he said nothing about the watch nor I to him, I did not speak to him about it—I did not say he had better put it away, not then, that was three or four days afterwards, when I was with him again—I was with him every morning—I told him that if he had anything in his possession which did belong to Slark he had better get rid of it or it would get him into trouble—he said, "I shall"—I said that because I understood that he had a watch, from the position he had put himself in that evening—I used Slark's name because I saw Slark at Gosport.
Cross-examined by MR. RIBTON. Q. How long did you see Slark there? A. Only once, he had black hair and bushy whiskers, and is a dark man—he is about five feet seven or eight inches high—I have no idea where he is now—I forget now the day that he came there, but I think it was 27th April, it was half past 12 o'clock in the day.
COURT. Q. That was the day you saw him there? A. Yes, he did not see me because I was in doors, he passed my window.
Cross-examined by MR. LILLEY. Q. Have you anything to fix the date? A. I put it down in my book—I have not got my book here, but I believe it was the 27th—it was not in May, I believe it was 27th, April—I have nothing by which I fix my memory to that date—Pay ton has been a warder three years to my knowledge, and I have been one above three years—he does not belong to the same ship as me, mine is the Briton—when they passed it was about a quarter past 9 o'clock in the evening, I cannot aay what day it was, I did not take particular notice—I did not take the date I down, I did not give it a thought—it is generally good conduct on board a ship which entitles a man to discharge on ticket of leave and sometimes his time—I am not aware of the system which is carried out—I never give information as to the conduct of a prisoner unless I report him—I am never called on to make a report as to good conduct—I cannot tell you the way in which persons become entitled to tickets of leave because ours is an invalid depôt—I know Slark well, he was under my care part of the time I was there, up to, I should think, twelve months ago.
MR. COOPER. Q. Since that time, has he not been under the charge of Payton? A. On the same ship that Pay ton belongs to, the Stirling Castle.
COURT. Q. You did not give us any date for the conversation when you asked about the watch? A. I have not the slightest recollection—I think it was 27th April when I saw Slark at Gosport, and I should think it was about a fortnight after that, that Payton spoke about the watch and said what time it was by him.
COURT to WILLIAM HORWOOD. Q. What time was it that you saw the man? A. About a quarter past 8 o'clock.
MR. RIBTON called the following Witnesses for the Defence.
ROBERT HENTON WOOD . I am house surgeon at 8st Thomas's Hospital This prescription is mine—on 24th April, Fleckart came to me, he was suffering from inflammation of the testicle—it was very much inflamed—I ordered him proper medicines and desired him to take them that night and apply some leeches—he had the leeches—that was between 11 and 12 o'clock in the morning—I did not see him again that day—he limped a good deal—in my judgment it is very improbable that a man with that complaint could be out at night.
COURT. Q. Was he disabled from his condition? A. He was not
positively disabled, but he could not do it without considerable pain—he could not engage in a burglary without pain—the pain would be very great.
Cross-examined by MR. COOPER. Q. How do you kuow that it was the 24th? A. Because I have the dates—the prescription is my own—this "April 24th" is not my writing, it was put on the paper previous to my writing the prescription—it came to me ready dated, with the name of the patient and his age—I will swear it had the date on it—I am acquainted with the name of the person who wrote it, he is not there now, he was surgery man temporarily—I have seen his figures frequently, this "April" and the figures are in the same writing—I did not see him write it, but if then had been any mistake I should have altered it, and if the date had been wrong I should have observed it—I see a great many patients of a morning; I may have seen twenty or thirty that morning—they come quickly one after the other, and I examine them and write down the prescription—I do not recollect a wrong date being ever put—it was about 11 o'clock—half past 8 o'clock is the time I receive my morning patients, but he came afterwards and the dresser called my attention to him, and seeing that it was a severe case, I sent him to get this out patient's letter, and then prescribed for him—I never saw him afterwards—I prescribed leeches—I do not know whether they had been applied—the inflammation was acute.
COURT. Q. Was it of long standing? A. No—I ordered hot water after the leeches; they do sometimes give quick relief, so as to relieve the pain—exercise afterwards would bring back the inflammation—he would not he positively disabled from walking, but he limped a great deal; every step caused him great pain.
MR. RIBTON. Q. When leeches are applied, does not the bleeding some-times continue for a considerable time? A. Sometimes for many hours, and sometimes it does not—I ordered eight leeches—I should not expect that a man who has had eight leeches, and taken a blue pill, would be out to commit a burglary—the papers are brought to me, with the date on them, and if the date is wrong it would attract my attention directly—I have no hesitation in saying that it is correct, and that it was on the 24th—it is the duty of whoever does put the date on, to see that it is done correctly, and I always look to see that the date is correct.
COURT. Q. When the paper was brought, was the word "April" attached to it? A. Yes—from my general habit of business, I feel sure that I should not have filled it up unless it was properly dated, but I do not say that I have any recollection of this particular transaction.
MR. RIBTON. Q. Looking at that, is it your belief that the "April" and the figures are written by the same person, and by the same person that usually fills them up? A. Yes.
COURT. Q. Look at it again; from your knowledge of the writing, which I understand you have repeatedly acted upon, can you undertake to express an opinion whether these figures are the writing of the surgery man at the hospital? A. I believe they are—I have got familiar with his figures, as well as the rest of his writing—I believe the figures are his writing—then is no date of the year; I am quite sure it was this year—it is not usual in these out patients' cases to put the date of the year; they are simply given for the patients themselves, and when done with they are destroyed—the day of the month is put to enable the medical man to know each time the patient attends—I am quite sure it was not 1855—they would not have given him the medicine unless he presented the letter on the same day that
it bears date—the name of the party and the residence is in the writing of the surgery man—I should suppose that was the same man who wrote "April 24th," judging from the character of it; I do not say that it if is; I I did not see him write either.
JAKES HISLOP . I have been in the Custom House at Newcastle; I am now living with my daughter, at No. 37, South-street, Lambeth; I am sixty-four years of age; I have been in London five years. Fleckart is my son-in-law; his wife is my daughter—I recollect his coming home with medicine in April last; he showed it to me—it was Thursday, 24th April; that I can vouch for, because he was very bad, and I paid attention to him—I saw some medicine which he brought home; it was leeches—he came home with them, I think, between 4 and 5 o'clock in the afternoon—I understood that he had come from the hospital that day, and I believe there was a letter, but he did not show it to me—he went to bed immediately he came in—he sleeps in the front parlour, and I in the back—his wife was there that night, and she applied the leeches; I did not see them applied, but I was there the whole night—I saw the blood afterwards; that was about 5 o'clock in the afternoon—the leeches were applied immediately he went to bed—I saw a lotion—I can undertake to say that he remained at home, and in bed, the whole of that night; he never went out—I never went to bed; I stopped up to attend him; I saw him frequently, and he was in great pain and suffering—I do not know whether he took a pill—next day, the 25th, he was very bad indeed, and in bed the whole day—he never was out of bed till they took him away—on the 26th he was so bad as to be obliged to send for a doctor; Mr. Gough was sent for, and continued to treat him till the police came and took him away from the house—I am not in the habit of taking a drop too, much—the prisoner was obliged, some two or three weeks before, to assist me up stairs, and he hurt himself, but it was not through drink; I was certainly sick; he was obliged to help me, and I consider that he strained himself—it was some weeks before the 24th that he met with the accident.
Gross-examined by MR. COOPER. Q. You say that you were in the Customs? A. I was at Newcastle-on-Tyne eleven years—I have not a pension, I was above age before I had occasion to be in the Customs at all—I was not established, I was only extra—I have left since the last day of Jan,—I have been doing nothing since, but I have a son who is in business in Scotland, and I sometimes get some relief from him—that is the only way I live for the present—I cannot say that I have much to depend upon, except some little money I get from my friends—I do not know when my son-in-law was taken up on this charge—I suppose Mr. Blanden had told my daughter—I might have heard the next day that he was taken up, but I believe it was the very same day that he was taken that I heard of it, the very same 24th.
COURT. Q. The very same day as what? A. The same day as he was confined to the house, the 24th—there was a policeman there in plain clothes, but I did not know that he was a policeman.
MR. COOPER. Q. When did you know that your son-in-law was taken up on the charge of robbery? A. On 24th April—I did not know at that time that this robbery had been committed, but that same day I heard it—I heard that the robbery had been committed on the day that he came home and went to bed—I cannot exactly tell how I know that—it came through Sergeant Langdon.
Q. Was it, on your oath, through Sergeant Langdon that you firsi heard
of the robbery? A. Well, I cannot say, because it came through my daughter; but it came from the sergeant) I know—my daughter told me of it, I cannot exactly say at what time, it must have been in the afternoon—I was in the house when I heard of it—I did not know that he was taken before the Magistrate on the charge, nor that he was going to be—he was taken from the house, but not on that day—I think it was on Whit Sunday—know nothing about the day that the robbery was committed—it was intimated to me that it was on 25th, my daughter told me that—knowing what I have told you to day I did not go before the Magistrate to give evidence, this is the first time I have been asked.
Q. How came you not to go before the Magistrate and state that he was in bed? A. I know nothing about law at all and was never in a Court in my life—I was not asked to go before the Magistrate—I know very well that it was on the 24th that my son was ill—it was a Thursday—I know that it was the 24th, because it was a memorable day for me, and no mistake about it, what was to prevent me from knowing that it was on the 24th—I have no particular reason for fixing the date on the 24th, further than that he was very bad and came from his work—he continued ill all that day, he was in bed all day—I do not think he was out of his bed at all till he was taken on, I think, it was Whit Sunday—he was not taken from 37, South-street, but from 4, Paris-street, Lambeth, where he was living, that was our house at that time—I live now at 37, South-street, with my daughter; she goes by the name of Jane Fleckart at the present time—it was not at 37, South-street, that he was taken ill, we only shifted there on Monday week—he brought the leeches himself to my house and the lotion, I do not know about anything else—I have seen Mrs. Annie Perkins, as a dressmaker, at my daughter-in-law's house, but do not know much of her; I do not know that I had seen her before the 24th at all—I had never seen her before my son-in-law came home with the leeches—on my oath I do not know that Fleckart was living with Annie Perkins; I have never seen him with her—I have never seen Horwood at my house, or Towers.
MR. RIBTON. Q. Whether it was the 24th or not, was it Thursday! A. It was Thursday, 24th April—my daughter told me of this robbery—that was after Langdon had been at the house—I expect he told my daughter—whatever she told me was after Langdon was there—I was it at the Police Court at Worship-street, and saw that gentleman there (Mr. Binns, the solicitor for the defence—I expected to be called on to give my evidence then, but was not, or I would have done so—my daughter told me of it that very same day, the 24th—on Thursday, the 24th, Fleckart came home with the leeches—whatever my daughter told me it was after Langton had been there—Langton was there the same day—I heard that the robbery was committed on the 25th.
Q. Now you could not have heard that on the 24th you know, when was it you heard it? A. I am sure I really cannot exactly say—I consider that it was on the 24th that I heard it—I am quite satisfied that I could not hear of it on the 24th if it happened on the 25th—I am certain that it was after Langdon had been there—I cannot explain that—I had been living in Paris-street very nearly two years—my daughter lived there very nearly two years—I lived with her while I was in the Customs—I left the Customs here in Jan. last—I am expecting to get in again—when I say two years I mean two years in Paris-street—I have lived in Alfred-place, and two other places—my daughter married Fleckart eleven years ago last Christmasday—I was at the Custom House at Newcastle eleven years, before which I
was four years at Leith—it was while I was at Newcastle that my daughter was married to Fleckart, and came with him to London to live—I left Newcastle somewhere about five years ago, and came and lived with her—she has been very kind to me, and I have a son who sends me money.
COURT. Q. Did the police come to the house on the same day that your son-in-law came home? A. I think not—I cannot tell exactly.
CHARLES SOUTHAM . I am the landlord of the house in which the prisoner lived in Paris-street—I recollect his coming home from work early on April 24th—I am positive of the date—I saw no leeches or medicine—he went to bed when he came home, and his wife attended on him—the last witness was there, but I did not see him—I went out at a little after 5 o'clock, and came home between 10 and 11 o'clock, and my wife said that he was very ill and went to bed, and had leeches applied—I can say that he was in the house all night—my wife told me so, and I heard a moving up stairs—I did not see him in the morning, but I saw bis wife at 7 o'clock when I got up, she was down stairs, when I came down and went into the kitchen—I asked her how Mr. Fleckart was, and she said that he was very bad, and she and her father had never had their clothes off all night—she looked tired and jaded as if she had been up—I saw signs of blood; she was just emptying a pail—during the next day, the 25th, I did not see Fleckart—I came in and out—I saw his wife in the evening, about 6 o'clock, and she appeared to have been attending on him during the day—he was confined to his bed for some time, and was forcibly removed from the house by the officers on the Sunday week—the officers first appeared on the Monday after the Thursday—I saw two men running up and down stain, and asked my wife what they wanted—Fleckart has been living at my house nearly two years, and has borne the character of an honest, industrious man—I never saw him tipsy in my life—his general character is that of an honest man.
Cross-examined by MR. COOPER. Q. In the course of the night yen heard somebody moving up stairs? Q. Yes; the prisoner and his wife lived on the second floor—I know that it was the 24th, because my sister and my brother-in-law had come to tea on Thursday, the 24th—I wrote to them, and dated my letter—I have not got the letter, I thought I had, but have not—that is the only reason I can give for knowing that it was on the 24th—I went before the Magistrate, but was not called on to give evidence.
MR. RIBTON. Q. You were at the police court? A. Yes; ready to give evidence—I went there for the purpose—I am sure it was Thursday—I wrote the letter on Tuesday, the 22nd—my sister lives ai No. 3, Green-street, Brompton—I put the letter in the post, and invited her to come on the Thursday—I can undertake to say that it was Thursday—if I had the letter I would show it—I thought I had it in my pocket, but do not know what I have done with it—I intended to bring it here—I asked my sister if she had not destroyed it if she would keep it, and she gave it to me—I had a communication with that gentleman (Mr. Binni)—it was not in consequence of what he said to me that 1 made the inquiries for it of my sister—it was my own wish—I asked her for it because that gentleman said that it would be of some service if I brought it—I have seen it since—she gave it to me; I will not be positive whether I have it at my house—I brought it here to-day, but have lost it—Fleckart and his wife occupied the second floor of me—I live in the parlours.
COURT. Q. Have they left now? A. Yes, they Uft, I believe, on the 23rd—I lived in the parlours, and they occupied the second floor.
MR. RIBTON. Q. Is that the front and back room which they occupied?
A. Yes—I do not know where the old man slept, they only had two rooms.
MR. RIBTON to JAMES HISLOP. Q. In what part of the house did your daughter and Fleckart live in Paris-street? A. They slept in the front I room, on the top flat, as they call it in Edinburgh—when I said that they were sleeping in the parlours, I meant the second floor—I slept in the back room.
THOMAS BINNS . I am the attorney for Fleckart—I was before the Magistrate—Hislop and the landlord were at the Police Court—they gave the same account of the transaction, and I was prepared to call them as witnesses, but the Magistrate-considered that it had better be reserved for the trial, and under that advice I did not give it; but I told Mr. Lewis, the prosecuting attorney, all the facts, and this paper was produced.
COURT to ELIZA COOK. Q. Can you form any opinion as to whether the size of the men at the house corresponds with the size of the prisoners? A. Fleckart's does, and his voice too—the size of the others does not correspond.
(Thomas Afetsom, an engineer's clerk, of Old Ford, Bow, gave Fleckart a good character; Horioood and Payton also received good characters.)
FLECKART— GUILTY . Aged 37.— DEATH RECORDED .
TROWERS, HORWOOD, and PAYTON— NOT GUILTY .
NEW COURT.—Thursday, July 10th, 1856.
PRESENT—Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
MR. PLATT conducted the Prosecution.
JOSEPH LAW . I live at No. 27, Ray-street, Clerkenwell, and am landlord of that house. The prisoner and the deceased were lodgers of mine, they lodged in the attic—I have not very often seen the deceased—she was of very drunken habits, her manner was sometimes abusive and sometimes not—I was not in the house myself at the time the injuries were inflicted—I saw her the next morning—I did not see the wound—she seemed lively—after 17th June I gave them notice to leave—I told Connell he should not remain in the house at all, on account of his wife.
Cross-examined by MR. TINDAL ATKINSON. Q. What apartment did they occupy? A. One attic—on the top of the stairs there is a window sill, about six inches above the level of the floor—it is about five feet to the top of the window—that is where they used to keep flower pots—if you were passing by there hastily, and your shoulder were to touch a flower pot, it would be brought down suddenly—you look from the landing down the staircase—the window sill is of course against the wall—when you are on the landing you go down about six steps, and there is a little landing again—a person following others in haste, and rushing hastily by this place and pulling down a flower pot, it would fall on the head of a person on the landing—as far as I know, the conduct of the prisoner was that of a kind,
affectionate husband—he has tried every means to reclaim his wife, but it was impossible—he always was kind.
MARTHA LAW . I am the wife of the last witness, and landlady of the house. The prisoner and his wife lodged there—she was very much given to drink indeed, and particularly the last twelve months—I heard that she was in the hospital—that was on Saturday as she died on Sunday—I saw her go out in the morning of 17th June—I did not see her come in—about 9 o'clock that morning I heard a noise like something falling—at that time I saw Tregurtha the carpenter go out of the house, and he had either his apron or a handkerchief up to his face—very shortly after the prisoner came down; he had a man's hat and a stick with him—he told me he had found Tregurtha in the room—(the carpenter I believe he said—I do not think he knew his name)—he said he had found the carpenter in his room in a very improper way with his wife, and he had given him a good beating; he then went out—I do not think I saw Mrs. Conncell again, that day—on the day after I saw her in the street—I did not see any wound about her—she was so much given to drink I did not want to speak to her—I saw her a week afterwards—I did not see any wound upon her at that time—I did not see her alive again after that Wednesday week, which was the 25th—the prisoner was as respectable, quiet, steady a man as I would wish to have in the house—on the Sunday that she died I understood him to say that he threw a flower pot at them as they were going out of the room together—the deceased did not make any complaint to me about being injured—Tregurtha had been in the habit of coming to that house to do work for these nine years—he had no right to go up into the lodger's room to do repairs without my leave, but I had seen him come down on two occasions when he had received no orders from me—I did not ask him what his business was.
Cross-examined. Q. At the time this statement was made by the prisoner, might he have said, "I threw down a flower pot upon them?" A. Yes, that might have been the words—it might be "upon them"—I was in such a state of confusion I will not pledge myself to the exact word—the prisoner was a kind, affectionate husband, and seemed kind with her when she was sober, and would take her up stairs and take care of her—to my knowledge, Tregurtha had no orders to be there that day—he had no orders to do anything in their room.
MR. PLATT. Q. Do you know whether the door wanted repair in that room? A. I did not know that it did—I had not been in the room for some time.
JAMES TREGURTHA . I am a carpenter, and live at No. 7, St. Peter's-terrace, Little Saffron-hill. I knew the deceased for some years—I have been in the habit of doing repairs in the house No. 27, Ray-street, often by orders of the landlord, at the request of the lodgers, if anything was wanting to be done—I bad orders to do it by the landlady, Mrs. Coxhead—on the morning of 17th June the deceased beckoned to me to come up stairs—the room at the top is the room in which she and her husband lived—she came to the street door, and let me in, and said she wanted her door repaired—I went to the top of the house with her, and the panels of the door had been at some time forced in from the outside—she went up to the room with me, and she said she was tired with going up stairs—I was standing just against the woman—she was sitting on the bed—I had not my basket of tools with me; I had left my home to go to Kingsland-road—I was standing just alongside of the woman, and just after I was there, about a minute and a
half, her husband came and opened the door, and said, "I have caught you' and he began to thump away at me—I said, "Listen to reason"—he said, "I don't want to hear any"—he struck at me and at his wife with his left hand—I think I did not see him strike her any other way—that was very slight—I got to the door as soon as I could, and just as I got to the door I heard a crash—I did not hear him make use of any language to her at that time that I can swear to—when he came up, the door of the room was shut—at the time I stood by the side of the woman I was dressed property.
Q. On your oath, were you doing anything at all improper with reference to that woman? A. There was something which was not very commend. able with regard to the woman—her clothes were rather confused, but nothing further—her clothes were disturbed by me—I had meddled with her clothes, but there was nothing criminal.
ANN FAULKENER . I am a nurse at the Royal Free Hospital The deceased came there in the afternoon of 26th June very ill with a locked jawshe was not sober—she walked in; she was washed and placed in bed—the surgeon saw her—I was in attendance on her from that time till her death, which took place on Sunday, the 29th—during that time the prisoner came to see her—she was able to speak—I could understand what she said perfectly—on the Sunday she thought she should not get over it—she asked me whether I thought she would—I said, "No, I dare say you will not"—she asked me several times whether I thought she would get over it—I told her I thought she would not.
COURT. Q. Did she give you some account of the accident? A. Yes; on the day she came in—she did not make any statement to me after she thought she should not get over it.
FREDERICK TURTLE . I am a member of the College of Surgeons, and home surgeon of the Royal Free Hospital. I received the deceased there on 26th June—she was suffering from locked jaw—she was capable of talking, and quite sensible—I only saw her for a few minutes on the Sunday on which she died—the statement she made to me was on Saturday or Friday evening—I believe it was Friday evening.
NOT GUILTY .
MESSRS. BODKIN and SLEIGH conducted the Prosecution.
PETER STRATFORD . I am in the service of Messrs. Masterman and Co. Mr. Robert Mendham Evans, a hop merchant, keeps an account at oar house—on 29th March, this cheque (looking at it) was presented and paid by, me in ten 50l. notes, and the rest in gold—it is signed, "Robert Mendham Evans," for 525l.
Prisoner. Q. When did you first receive information from which you believed it a forgery? A. I think about a week after, or eight or ten days.
MR. GARWOOD. On 12th May, 1855, I delivered a cheque book from Messrs. Masterman to Mr. Robert Mendham Evans—it contained cheques from 80751 G to 81500 G with a star, inclusive—these two cheques (looking at them) formed part of that book.
ROBERT MENDHAM EVANS . I am a hop merchant in the Borough—I keep a banking account at Messrs. Mastermans—the prisoner is my nephew—about August last year I arranged that he should leave this country and go to Australia—the signature to this cheque for 525l. is not my writing—it was neither filled up nor signed by me, or by any one by my authority—until after the discovery of this forgery I was under the impression that this
young man had sailed to Australia—I did not know that he was in London or in England—on 10th March I sent to my niece a cheque for 15l.—this is it (looking at it)—I am not in the habit of carrying blank cheques in my pocket book, but I tore these cheques out of my cheque book, amd carried them in my pocket—I filled up the one for 15l.—I was not aware that had doubled up this other one with it, and gent that in the envelope likewise.
Prisoner. Q. Did your son John, previously to this, tell you he had met me? A. Yes, he did—I was not in London to give notice that this blank cheque was lost—I was not aware that I had sent a blank cheque to Mrs. Wayland—I received a letter from Mrs. Wayland, Baying that she had lost a 10l. note and my blank cheque.
CHAKLOTTE WAYLAND . I am the wife of William Wayland, and the aster of the prisoner. I am niece of the last witness. In August last the prisoner was leaving London, we believed for Australia,—he returned to London, and I gave him shelter in my house—he has not been at my house most of the time between August and the time this happened—he has been there occasionally—on 10th March I received from my uncle a cheque for 15l—I could not swear it was this one (looking at it)—I did not receive any other cheque for 15l.—it was enclosed in a letter, and there was with it the blank form for another cheque—my brother had been at my house before that time—I do not think he was there at that time—I am unable to remember when he was there—after I received it, my brother came from time to time—I kept the blank cheque in my pocket book—I lost the pocket book from my pocket, I believe, I really do not know when—I changed the cheque, it might be a fortnight afterwards, or only a few days—I wrote to Mr. Evans the next day after I had lost it, to tell him I had lost it—I lost it on the Tuesday or the Wednesday, I believe, in the Easter week—I carried my pocket book in my pocket—when I had it not in my pocket I left it on the table, or anywhere about the house—I did not at first mention that my brother was in the house, when inquiries were made about this matter, nor did I mention it to my uncle, Mr. Evans, that my brother was in the house—I said to my brother that cheque hat been forged that I lost—he said it was impossible, or it was absurd, I do not remember what.
Prisoner. Q. You believe you lost this cheque in an omnibus, and a 10l. note? A. Yes; I am sure I had my pocket book, and the blank cheque was in it—I missed my pocket book on arriving in town, about 7 o'clock in the evening—I wrote to Mr. Evans, acquainting him with my loss—you came to me when you first returned from this voyage—I was then in apartments, and unmarried—you had had a bedroom previously, and returned to the room you had before occupied—after my marriage you did not reside there—I had no bedroom for you—there are but two beds in the house, for the servant and ourselves—I cannot swear that this cheque for 525l. is the one I lost—I have had several letters from Mr. Evans—he signs his letters and cheques in the same manner since your return from Australia I do not know that you have endeavoured to conceal yourself—you were present publicly at my wedding, and signed your name—Mr. Evans has told me that he has met you.
MR. BODKIN. Q. Look at this deposition of yours; was this part which is underlined read over to you? A. I do not remember whether it was or not—here is my signature to it—I suppose it must have been read.
Q. Now, having said that, do you mean to say that you know that cheque
was in your pocket book when you went out? A. I had opened my pocket book that morning, and it was in it then—I believe it was there when I went out—I have a dress that is without a pocket, and when I have worn that I have laid my pocket book in the drawer—the prisoner came backwards and forwards to my house three weeks or a month after he left—I think he left in July—I was married on 3rd Jan.—since then the prisoner has not been living at my house.
Prisoner. Q. Had you seen me there on the day you lost vour pocket book? A. No.
COURT. Q. How recently before that had you seen him? A. It must have been three or four days—I did not see him in Easter week.
MR. BODKIN. Q. Do not you remember he was there? A. Not that I remember.
EDWARD BENJAMIN . I am a fish salesman. The prisoner was in my employ, as a clerk—I said for about twelve months, but I find it was only about four months—I had seen him write, and became acquainted with his writing—the body of this cheque for 525l. is in his handwriting.
Prisoner. Q. Was a letter shown to you by Mr. Mullens's clerk? A. Yes, and this cheque was shown to me—the education I have had has been nothing particular—I was at school at Komford, about twelve months—I have expressed my regret at my want of education—when you came into my service, some accounts in my book were wrong—I was salesman to my sister—I did not obtain my present business by going into the fishing districte, and calling on my sister's customers—I left my sister's employ, and started business for myself—there was an action brought against me for libel, but it was settled out of Court, by my paying a sum of money.
MR. BODKIN. Q. Look at this letter; is this the letter that he has asked you about, that Mr. Mullens's clerk showed you? A. No, I think this is not the one—I have seen the prisoner write in my book—I have no doubt I whatever that this cheque is his writing.
GEORGE KEITH . I am in the office of the Registrar-General. The prisoner was employed in that department about three months—I had repeated opportunities of seeing him write—to the best of my judgment this cheque for 525l. is his writing.
Prisoner. Q. Was there not a letter shown to you by Mr. Mullens's clerk? A. Yes; I read it—I think this (looking at it) is the same letter—it is signed with your name—the cheque for 525l. was shown me at the same I time—I compared the cheque with the letter, and formed my judgment—I have remarked that you wrote a beautiful hand—there were about seventy clerks in the office—in the room in which you were, about ten—there might be some clerks who excelled you in writing—I believe this cheque to be your writing—the letter "d" and "s", and the "p" in the word pound—here is a peculiar style about them—I was in the habit of seeing a great many writings daily—you left in 1853—I think in the summer time—I saw a good many writings then, and a good many since—I can reoognise yours at this distance—you were employed in copying the Institutes—I I thought you took too much pains, and I remarked I would rather hart I quantity than quality—you wrote a clean neat hand—I saw your writing fifty times, perhaps—I was sitting at a raised desk, and you under me—I could not distinguish your writing at that distance.
MR. BODKIN. Q. Did you receive from him daily the account of what he had done? A. Yes—I will not swear that this is his writing, but I have no doubt it is.
Prisoner. Q. Was there a letter shown to you by Mr. Mullens's clerk? A. Yes, there was a paper, I Suppose for the purpose of asking me whose writing it was—the cheque was shown to me afterwards, I did not see them together—I was asked whose handwriting the letter was, I said, "To the best of my belief, it is Mr. Ryland's"—I sat at another desk behind you, and there was a space for the clerks to walk up and down—I was more attracted to your writing than that of any one in the room, by the superintendent complimenting you on your writing—I considered your handwriting very good—I have been in the habit all my life of attending to handwriting—I can recollect any handwriting that I have seen after three years, or after seven years.
MICHAEL HAYDON . I am a detective officer of the City of London—in consequence of information, I went with another officer, named Brent, on 1st June, and saw the prisoner on an omnibus—he was in conversation with the driver—I and my brother officer got up on the omnibus, and sat by the prisoner's side—we went to the Post-office—I there said to the prisoner, "I believe your name is Ryland"—he said, "No, my name is not Ryland"—I said, "If I am mistaken I shall be happy to apologise to you, but I think your name is Ryland"—I then asked the coachman if he knew him—he said, "Yes"—I said, "Is his name Ryland?" and before the coachman could reply, the prisoner said, "You are quite right, my name is Ryland"—I told him he must consider himself in my custody for forging a cheque for 325l. on Mastermans, the bankers, in March last, and forging the signature of his uncle, Mr. Evans—he made no reply—he appeared nervous and agitated, and begged to be allowed to have some brandy, which was not given him, because it was contrary to the rules—I took him to the station, and in going he said, the reason why he denied that his name was Ryland, was because he thought I was a county court officer—he gave his address at No. 11, St. Andrew's-road, Kent-road—I have been there—he was known as an occasional visitor—it is a house of ill fame—I found on him 5d. in coppers, a small book, and a small bottle of laudanum.
Prisoner. Q. When you asked my address, did I not say I had no place of residence? A. Yes, you first said so, and then gave the address I have stated—I did not say that you had better name some address.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. W. J. PAYNE conducted the Prosecution.
JOHN PADDICK (policeman, K 301). On Saturday morning, 8th April, I was on duty at Leytonstone, and about 3 o'clock saw the prisoner in the Leytonstone-road coming towards me from the direction of Mr. Symons' house—shortly afterwards, on going round my beat, I found a coat, a hat, and a pair of boots in a dust hole by the side of Messrs. Protheroe and Morriss's fowl house—in the coat pocket I found this brass tap (produced),
Sergeant Hennessy came up and we found the prisoner in the hen home, without coat, hat, or boots—he said that he did not know how he came there, and asked for his coat and his boots—he said that they were his; he claimed the coat in which the tap was—I took him before a Magistrate.
Cross-examined by MR. RIBTON. Q. Was he drunk? A. No—I found the clothes in the dust hole about a quarter of an hour after I met him—he had been out of my sight—we did not take him at first—he jumped out of the loft without his clothes—I pursued him and he ran away—he saw me when I first saw him—I was not looking for the clothes when I found them, but the dust hole is open—I do not know whether the prisoner had gone to sleep in the loft—I did not go into the loft, I saw him jump down and try to escape—the Magistrate sent him to prison for three months for being in the hen house with intent to commit a felony; this tap was produced there, we did not then know the owner of it—he suffered the three months and then the sergeant nabbed him again—I he was not tried virtually for the same offence—the loft is about three quarters of a mile from Mr. Symons's house, and the prisoner lives about a quarter of a mile off.
MR. PAYNE. Q. Was he charged with stealing the tap, before the Magistrate? A. No; we did not know whose it was—when I first saw him he was dressed, I then had to go round my beat—Sergeant Hennesy got up into the loft, and then got down into the hen house—they had a souffle together, he escaped from the sergeant and found me below.
WALTER KERRESEY (police sergeant, K 35). On 5th April, about half-past 3 o'clock, I went to Messrs. Protheroe's, and saw a coat and a pair of shoes—this tap was in the pocket of the coat, and part of a loaf also—I got a ladder, went up into the loft over the fowl house, where forty or fifty fowls are kept, and found the prisoner without coat, hat, or shoes—he struggled, got away, jumped into the yard, and was knocked down by the constable—I heard him ask for his coat—I asked Mr. Protheroe in the prisoner's presence if the tap belonged to him, he said, "No," and the prisoner immediately replied, "I do not know how I became possessed of the tap as I was drunk, and did not know what I was doing"—he was taken before a Magistrate, and had three months for being found in the fowl house; no charge was made against him at that time of stealing the tap—on Thursday, 10th April, I went to Mr. Symons's, and fitted the tap to the water butt—it exactly fitted—it went in as far as this black mark—the female servant was there, and recognised it.
Cross-examined. Q. Was the tap shown to the Magistrate? A. Yes, I and all the evidence was gone through except the identification of the tap—the prisoner did not appear to have been drinking, but he might love been, the fore part of the night—he has the coat on now; he claimed it before I found the tap in it.
RUTH BRUTY . I am servant to Mr. Richard Symons, of West Ham. On Friday night, 4th April, the tap was safe in the water butt at half past 8 o'clock; I missed it at 7 o'clock next morning—I have used it for three years—the handle is a little bent—it is Mr. Symons's property—the water butt is in the yard—a person must have got over the railings in front of the house—he would then go round to the back.
Cross-examined. Q. Is there a public house near your masters? A. It is about six or eight minutes walk off.
(The Prisoner was further charged with hewing been before convicted of felony, to which he PLEADED GUILTY, and his late master engaged to employ him. Aged 42.— Confined Seven Days.)
Before Mr. Recorder.
MR. W. J. PAYNE conducted the Prosecution.
JAMES WILLIAM HALL . I am the leading man of the joiners in Woolwich Dockyard. On Sunday evening, 15th June, I was coming from the station at North Woolwich, intending to proceed across to the other Woolwich—I was standing on the barge or dummy—my daughter was there—she had just landed with some more friends—there was a crowd of persons on the dummy—I felt myself shoved against from behind—I turned round, and was confronted with the prisoner Smith—I put my hand round, thinking my handkerchief was gone, and 1 said, rather angrily, "Where are you shoring? there is plenty of room"—he made no answer—I turned again to speak to a little boy, and I felt a second pressure—I was still keeping my hand in my pocket, on my handkerchief, and turning to pat the little boy's hat right—I felt another pressure on the same side, the right side—I turned immediately, and heard my daughter sing out—I had a watch in my right hand waistcoat pocket, attached to a short gold guard chain, which was through a button hole—my daughter said, "What is that man doing? he has taken your watch"—I looked, and found my chain hanging, and my watch was gone, and Smith also—I recognized him so well that I know him again—he was with another person, not with the other prisoner—I did not see Smith after the first pressure—I ran as fast as I could to the policeman at the railway station door, which might be 100 yards from the dummy—I saw Smith again in two minutes afterwards, when the policeman was coming out of the Pavilion tavern, with both the prisoners in custody—I said, "That is the one that took my watch;" a crowd collected, and it was necessary to put the prisoners in the place where they take the tickets—the constable left them there with me, while he went to the superintendent—Smith said, "Let us go"—I said, "I will see you hanged first"—I said I should very ill spare the time to prosecute, but I certainly should do it—Smith said, "You have got your watch," or "You will get your watch, what more do you want?"—Garrett said, "You did not see me there"—this is my watch, and the one I lost—here is the swivel attached to it.
Cross-examined by MR. DALEY. Q. You did not see Garrett at all on the dummy? A. No—there were persons coming out of the steamer—I was waiting for an opportunity to get on board, but the persons, landing always come out first—Smith did not say he did not take my watch, and knew nothing about it—he wished me to let him go—the impression on my mind is that he did not say he did not take it.
LOUISA HALL . I am daughter of the last witness—I was with him on Sunday night, 15th June—I was on the dummy at Woolwich—I saw the prisoner Smith and another who is not here—I did not see Garrett at first, I saw Smith take his hand away from my father's right hand waistcoat Packet, with his watch—I saw the watch—the chain dropped directly, it did not leave his waistcoat, it hung down—I called my father's attention to to, and Smith ran over my instep, and hurt it very much—he was quite close to me—I said to my father, "Your watch is gone; run, and you will catch that man"—we both ran, and I saw Smith pass his hand to Garrett,
who was standing there, and Garrett looked round and they both ran—that was in the middle of the brow—I could not see what Smith handed to Garrett, but I saw both their hands together, and they ran right up the brow—I could not run so fast—they ran in a direction towards the Pavilion—I went with my father to the policeman—I saw the prisoners in custody afterwards—I have no doubt about these being the two men.
Cross-examined. Q. There were a great many other persons there? A. Yes—I was standing on the right side of my father, near the steamboat—I was rather before him, I had just come across and landed, and my father was waiting to come back home—I was facing my father where the persons were coming out—I have said before that I saw Smith take my father's watch—I am quite sure I did—Smith was two yards off when I saw Garrett—they were in the middle of the brow when I saw them-at the time my ankle was trodden on I did not stoop down—I said, "Oh, my foot," and I turned to my father—I saw Smith at that time, he had got about a dozen yards off—there was no one between me and Smith.
COURT. Q. You did not see Garrett till he had got half way up the brow? A. No—Garrett was like standing, and when Smith got to him, he looked round and they both ran off—I did not see Garrett on the dummy at all.
(This witness's deposition wets here put in and read, in which she stated: "I observed the two prisoners standing near my father on the barge, and there were three or four other persons with them—I noticed the chain of my father's watch hanging down—I called his attention to it, and I observed the two prisoners running up the brow—my father went after them—the prisoner Smith appeared to put something into the hand of the other prisoner—I remember seeing Smith put his hand towards my father's waistcoat, which drew my attention.")
MR. DALEY. Q. Why did you not state before the Magistrate that you saw Smith take the watch? A. I did—I am sure I told the Magistrate that.
COURT. Q. Did you tell the Magistrate that you saw both the prisoners on the barge? A. No—they read this deposition over to me—I heard what was read, and was asked if it was right—it is wrong about the two prisoners being on the barge.
Q. But how came you to sign this as being right, when it is here said "I saw the two prisoners standing near my father?" A. The prisoner Smith and another one were there, but not the other prisoner—this depo-sition leaves out about my seeing the watch, but I did see the watch—I never was a witness before—I am twenty-seven years of age—I am married, and have two children—the last witness is my father-in-law.
HENRY ALEXANDER MATTHEWS (policeman, Eastern Counties Railway 3) I was on duty at North Woolwich that night—there is what is called a dummy or a long barge, on which the passengers come from the steamer—there is a brow about 100 yards long, which comes from the shore on to the dummy—the passengers wait a good deal on the brow—I sayr the two prisoners, they both went on the brow—I was standing at the station door and Mr. Hall came to me and said he had lost his watch—the moment he spoke to me I saw both the prisoners at the Pavilion tavern door, I followed them in and saw Smith standing at the bar—I passed him, and saw Garrett, at the farther end of the passage, put something down—he was coming away—I took him back to the spot, and found this watch—I took Garrett in custody, and took Smith at the bar—I showed them the watch and said "This is what I want you for"—Smith said, "I am a stranger to this man,"
speaking of Garrett—I left them in the room with the prosecutor, and I went to find the superintendent.
Cross-examined. Q. How far is the Pavilion tavern from the brow? A. About the length of this court—it is rather by the side of it.
COURT. Q. Were you before the Magistrate? A. Yes—I did not take notice of what Mrs. Hull said—when I went into the Pavilion, I first saw Smith standing at the bar—Garrett was at the bottom of the passage—I saw him put something down, and he was coming back towards the bar.
GARRETT— GUILTY . Aged 24
SMITH— GUILTY . Aged 23
Confined Twelve Months.
715. GEORGE RANDALL , feloniously uttering a forged request for the delivery of silk and lining, at Greenwich, with intent to defraud; also, unlawfully obtaining 3 yards of lining and 4 1/2 yards of silk, value 10s. 6d. the goods of James Ramsay, by false pretences: to both of which he
PLEADED GUILTY . Aged 46.— Confined Six Months.
Before Mr. Common Serjeant.
MR. RYLAND conducted the Prosecution.
JAKES WESTBROOK (policeman, R 114). I am stationed at Woolwich—I know the prisoners—on Saturday morning, 28th June, as near 1 o'clock as possible, I saw them in company in the High-street—they came from the direction of the Steamboat Pier—they were 500 or 600 yards from it, and. about half a mile from Mr. Sparrow's, going towards it—they went into a public house—about a quarter to 3 o'clock I saw them together again at Rolf's Steamboat Pier—I was in plain clothes—Anderson was carrying this bag on his back, which I have had ever since, and Wilmott had these two umbrellas and stick (produced) in his right hand—he took two tickets for London—they then had fifty or sixty yards to go to the dummy—they went on board the boat for London, and I followed them—they went to the aft part of the boat—Anderson set the bag down, and they stood and talked together, they then went to the fore part of the boat—Anderson carried the bag again, placed it down, and they both Rat down together—Wilmott put the umbrellas by his side—I went up and asked them where they had been to-day—Anderson answered, "What do you mean, sir f"—I laid, "Have you been to the barracks?"—they said, "No"—I said, "What have you got in this bag?"—Wilmott replied, "What do you mean, sir?"—he was then in the act of getting up—he went across towards the gangway, and ran out on to the dummy—Anderson was about to follow him—I laid hold of him, and called, "Stop thief!" after Wilmott, who was running up the steps—one of the captains caught hold of him and brought him back—Wilmott asked me what I was taking him for—I told him for having taken two umbrellas—he said, "I never had them"—with some assistance I took them and the bag to the police station, having tied their hands together—when we got to the station I undid the bag and asked Anderson how he accounted for the possession of the property—he said, "I never had it"—the bag contains a writing desk and fourteen pairs of boots and shoes, the name, "J. W. Sparrow," on it—I found on Wilmott a counterfeit half-crown and a skeleton key merely to open a latch; but I do not think it was made for any particular latch, and fourpence halfpenny in money, and on Anderson,
a skeleton key—Wilmott refused to give his address—Anderson gave his at No. 10, John-street, Deptford—I have been there and cannot learn anything of him.
Cross-examined by MR. THOMPSON. Q. Were you in uniform? A. No in plain clothes—I am always on plain clothes duty—the captain of the boat, who brought Wilmott down the stairs, is not here to-day; he was not examined before the Magistrate—I have stated before that Wilmott ran up the steps—I was within half a dozen yards of the prisoners while they were in the pay box, they passed right by me—there is not a turn gate of the pay box, it is an open passage about twelve feet wide—Anderson did not stop, but Wilmott paid, and overtook him again when he got the tickets, he did not make a dead stop, having the bag—I have not got the tickets they were not found on the prisoners—tickets are not given up until the boat arrives at the journey's end—the umbrellas were by the prisoner's side when I took them—when they moved they took the bag with them, and the umbrellas also—Wilmott put the umbrellas down—the small key was found on Wilmott, no one told me that it is a skeleton key; this one is shorter in the pipe—I did not pay when I went on board—neither of the prisoners made any reply as to where they got the bag from.
ANN MILLER . I am in the service of Mr. Sparrow, a solicitor, of Woolwich. On Saturday, 28th June, the family left home, about 10 minutes before 11 o'clock, and I was left alone in the house—there are two offices where the business is carried on, one of them opens from the street, and then into the inner office—if a person goes into the house from the street door they can get by the passage into the office—there was nobody in the office—this desk is Mr. Sparrow's—I saw it that morning, after I was left alone in the house—it stood behind the door in the back office on a little shelf—this bag was in Mr. Sparrow's house that day, but it does not belong to him; a considerable quantity of boots had been sent for for the children to try on, and eight pairs were left in this bag, in the back office—I put it there myself—these things were all safe after the family left, on Saturday—about 3 o'clock a policeman came, and took me to the station, where I saw the things, and claimed them as my master's—I do not know their value—my master is not well.
Cross-examined. Q. When had you seen the umbrellas? A. I saw them every day, because I had to dust them—the family had gone into the country, but only for two days; it was very fine, and they did not take the umbrellas—Mr. Sparrow left at 10 minutes before 9 o'clock, and Mrs. Sparrow, and the child, and nurse, at 10 minutes before 1—there were no clerks and no boy in the office—I and the nurse are the only domestics—I had not missed the articles before the policeman came—I bad not left the house—I went into the office just after Mrs. Sparrow left, to put the books on a ohair for the man who was to call for them in the course of the afternoon—there are papers and other articles in the office, none of them were disturbed—I noticed the umbrella stand when I went past it, because I put a cotton umbrella into it which was down stairs, out of its place; that umbrella was left, and is there now—I can swear to these umbrellas, this one has lost part of the top, it had a round knob about the length of the, silver.
Andersons Defence. The latch key belongs to me which they say is Wilmott's, and the other key is Willmott's.
WILMOTT— GUILTY .† Aged 30.
ANDERSON— GUILTY .† Aged 26.
Confined Six Months.
Before Mr. Justice Coleridge.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
THOMAS CORONIN . I am an engine driver in the employ of William Morgan and Son, rope manufacturers, Jamaica-level, Rotherhithe. The prisoner was in their service—on Wednesday, 11th June, I was at work on the premises—I cannot say exactly how many of us there were at work—there were two in the frames where they frame the rope—I was at the engine—one was winding, and Coombes was padding—it is my duty to light the gas all over the premises—I did so that night, barring the tar house gas, I did not light that, it was not required to be used that night—I lighted the gas about 9 o'clock, it might have been a little before—when I lighted the other gas I looked at the jet in the tar house—there is only one burner there—I turned it off correct, so as to be sure that the gas could not escape—I felt it, and tried it—at that time there were no signs of fire—there had been no fire under the tar kettle for twenty-four hours—they call it a kettle, but it is a copper set in brick work—I walked into the tar house at half past 8 o'clock to see if everything was right—I remained on the premises until the fire broke out—after lighting the gas I went into my engine room, and attended to my engine—this occurred about 20 minutes to 11 o'clock—the engine house is about ten or twelve yards from the tar house—I came out of the engine house at 20 minutes to 11 o'clock—I observed no sign of fire about the tar house at that time—I went up to the frame which is at the upper end of the ground, and had not been there a minute or two before I heard the signal bell pulled—that is a bell which is pulled when the work gets foul, for it to be stopped—I turned round to pull the line off the clutch, and saw the tar house all in a flame—I directly ran to the engine house to draw my fire from the boiler—as I was running down, Coombes was the first one that met me, by the stoke hole door—he came across from the direction of the tar house door—he was running up the ground towards the frame, and I was running towards the stoke hole—he said to me, "The place is all on fire"—I said to him, "You must have done it," using an expression which I do not wish to repeat—I did not hear him make any reply—when I first saw him running, he was about ten or twelve yards from the door of the tar house—if he wanted a light in the tar house he had no authority to light the gas without my assistance, nor had any one else on the premises—they should ask me, it is my business—next morning, Thursday, I went to have a look at the ruins, about ten o'clock, and I saw that the plug was out of the jet in the tar house, and I put a wooden one in in case I should forget it on the following night—as soon as I saw the fire on the Wednesday night, I went and turned off the gas, and lighted it again in a few minutes, after they had got all out at the lower end; we could shut it off from beyond the tar house without affecting the gas there—I have never seen the plug since.
COURT. Q. Have you looked for it? A. I have been all over the place—I did nut look purposely for it.
Crods-exammed by MR. METCALFE. Q. What do you light the gas with?
A. A bull's eye lantern, the same as the police cany—I do not take out the plug to light it, merely turn it—if the plug was pulled out there would be too much of a flare—the plug was about as thick as my finger—the gas is turned on at the meter—if the plug is taken out, the gas would come out from the pipe.
MR. ROBINSON. Q. Are you quite sure that at 9 o'clock on Wednesday night, when you examined it, the plug was there? A. Quite right.
DANIEL WHITE . I am ten years old. I live with my father and mother at Matilda-place, Botherhithe—I was employed at Messrs. Morgans rope factory for about two months—on the night the fire happened I was assisting Coombes in his work, padding junks of yarn—I do not know how many junks there were in the tar house that night to be done—I saw Coombes fetch a junk out of the tar house—he brought it outside against the outside wheel—there is a loop hole near where the junks are and a truck upon which it is turned after it comes out—he put the junks through the hole—I was inside and he was outside—I do not know how long it takes to pad a junk—there was no other junk taken out after that one—I saw Coombes come into the tar house about two or three minutes after that junk had been taken out—he said he came to see how many junks then were, he had a bit of rope yarn alight is his hand when he came in—there was no gas alight in the tar house at that time—I came away from the tar house after that, no, I stopped at the door—there is a gas light outside the tar house near the door; that was alight—I saw Coombes light a bit of rope yarn at that light, and then he went into the tar house—I was standing so that I could see him after he had gone into the tar house—I saw that he was going to light the gas inside—he did not light it, he attempted to light it but did not, he came away from it, came over with the yarn and threw the rope yarn on to the junks—there was some band stuff there as well—I did not see anything there besides the junks—when he threw the lighted yarn there, it was on fire—the prisoner then came out and pulled the bell to stop the work—Massey called out "Fire!"—I did not call out—it was after Massey had called out "Fire!" that the prisoner pulled the bell—I went down the ground.
Q. Had you had any light in your hand that night? A. No, I had a match—I had it in the tar house—I lighted it and threw it outside in the ground, through the hole—I had put it out when I threw it out I had got that match on the Millpond Bridge, not at my master's, I found it, I only found that one—the prisoner was outside when I lighted it and threw it away.
Cross-examined. Q. You lighted the match in the tar house, did you? A. Yes, I pulled it against the wall to light it, not near the junk, nor near the gas—no one was there when I lighted it, Massey was outside, just outside the door—he is a little bigger than me—nobody else was near the door besides Massey; me and Coombes and Massey were working together—Massey is not here—when the fire began Massey was just outside the door along with Coombes against the hole—that is not close to the tar house—I do not know how far it is, it is further than across this court—we were all three together when the fire began to blaze—a man named Coppick was there, he was putting the junk on the jigger; he got the junk from the tar house—I was working with Coppick the first time—he is a good deal bigger than rne, he is as big as Coombes—he had got the junk from the tar house before the fire, a good bit before—my master called me in next morning and asked me about the fire—at first I told him I knew nothing about it, and then I told him about
the lucifer match—I did not say anything about Coombes until I got to the Magistrate—I told my lather and mother when I got home that the place was set fire to—I did not tell them anything about Coombes, nor about the lucifer match—I did not see the plug in the gas pipe, I did not see anybody pull it out—I knew where it was—Coombes lighted the piece of ropeyarn at the gas outside, just facing the door of the tar house—I do not know whether Massey saw him light it, he was against the hole—there was a boy named Feakes there, he was along with Coppick, putting the junk on, and Murley was putting the junk on—Dryden is a man.
MR. BODKIN. Q. Is the place where the jigger is, called the winding shed? A. Yes, that is against the outside wheel, as you go down the ground—you cannot see from the winding shed into the tar house, there is a wall between—Massey was against the hole at the time the prisoner had the light in his hand—the truck is the thing that the rope is coiled on, and then it is taken to the winding shed—Massey was against the truck, dose against the winding shed—I could not reach the gas burner in the tar house—I do not know why I did not tell Mr. Morgan about this directly I was asked—it was half past 12 o'clock that night when I went home; that was the first night I had worked there—the work used to be goiug on night and day—my father and mother were in bed when I got home, I saw them that night, I told them there was a fire; I did not tell them about the lucifer match, or about the prisoner having a light in his hand, and what he did with it—I cannot give you any reason why I did not—I went to bed as soon as I got home.
COURT. Q. There are men and boys employed at this work, are there not? A. Yes, one man has two or three bop to attend on him—I usually worked with Coombes—he was outside at a wheel, and I was inside, he had a boy outside against the hole; my work inside was to take the junk off the ground and shore it through the hole, and then the boy outside took the junk and pulled it away—I lighted the lucifer match, and blew it out, and then chucked it outside, I did not want to set the place on fire—I am sure I threw it outride—that was just when we were going to take the junk out, about a quarter of an hour before I came out of the tar house—I did my work after lighting the match—I was hauling it out at the same time, hauling it out with one hand, and I lighted the match with the other—I am quite sure I did not set fire to it then, it was quarter of an hour before the fire, I am sure of that—I only had one match—I had had it all day since the morning—the prisoner could not see what quantity of junk there was from where he stood outside—when he brought this junk out he told me he was going to see how many junks there were—they at first said that I did it: master did not say so, the men did—I had not told them about the match before that, they did not know about it—one of the boys first said I did it, he did not say I had done it with the match—I had not shown the match to any of the boys in the course of the day—I did not know I had it in, my pocket in the course of the day—I had been at work there two months—I went to work from six o'clock in the morning till six at night, this night Coppick asked me to work there all night—I went to work at six o'clock in the morning, and had been working all day, and Coppick asked me to work all night, and I said I would—I forget which of the boys it was that said I did it—all of them said I did it.
HENRY WILKINS . I live at 3, Glebe-terrace, and am foreman to the prosecutors. On 11th June, the prisoner was at work at their ropery—there was a great deal of work to get through—I told the prisoner at 5 o'clock
that afternoon that he would have to work late at night, both him and his brother—he would have to pad the remainder of the junks that wore left there were three left then—I told him how many there were—they were in the tar hotwe—his work was padding the yarn, that is coiling it round—the time it takes to pad a junk depends upon what sort it is, some take longer than others, it might take two hours to do some of them—it is necessary to pad them separately—they come out through the hole—I was not on the premises at the time the fire took place—I went about ten minutes past 11 o'clock, when the boy came and knocked us up—about half-pagt 6 o'clock next morning, in consequence of what one of the men said, I looked at the gas in the tar house, and found the plug was out—I had not obserad it the night before; that would cause the gas to escape—the plug was about eight feet from the ground—the gas branch did not appear to be at all injured beyond the loss of the plug.
Cross-examined. Q. Does not the person employed as the prisoner was constantly go into the tar house to get junk out? A. Yes; either he might do it himself or get the boy to help him—the course of the work is for the boy to stand inside and hand the junk out through the hole, and the man outside puts it on the wheel—I went to the place after the fire, it was then all burnt down—the firemen were there—they went into the tar house, and a great many people also—I cannot tell whether the firemen pulled the plug out.
MR. BODKIN. Q. Suppose the boy to have put one junk through the hole, would it have been Coombes' duty to finish that junk before he took any more in hand? A. Yes—it might take him two or three hours—junk is yarn before it is made into rope—it is in a loose state—it is twisted as much as you can span round, when it is put through the hole—it contains, it may be, 120 or 200 threads, and is about forty-seven fathoms long.
GEORGE FEAKES . I am fourteen years old—I have worked at this factory about six or eight months—I was working with Coombes till about twenty minutes before the fire, I then went to help Coppick, that was two or three yards from where the fire was, in the winding shed—I was employed there when the fire broke out, Coppick was there with me—when I saw the fire I called out "Fire!"—as far as I know I was the first person that gave an alarm—I saw Coombes go into the tar house twice that night; the second time was about a quarter of an hour after the first—I did not see him come out, but I saw him come past me—that was not many minutes before the fire—I saw nothing in his hand—as soon as I called, "Fire!" Coombes ran up past me and pulled the line that rings the bell.
Cross-examined. Q. You were not very far off where Coombes was, were you? A. No, not twenty or thirty yards—White was working with Coppick first that night—I changed places with him, because he was not able to do that work—Coppick asked me to change places, because he liked me better than White—I had to do the same sort of work that Coombes and the others were doing, at another wheel—I was padding yarn at the time of the fire, I was winding—I did not go to the tar house—Coppick went there, about twenty minutes before Coombes went—he went for junk—White and Murley helped him to get it away—that was before I went to Coppick—they did not charge me with this, they did not say I had done it.
COURT. Q. At the time you saw Coombes go the second time, had he any light? A. No; I did not see anything in his hand—I was about ten yards from him when he went into the tar house.
getting on for fourteen years of age—I was at work in the ropery on the night in question, helping Coppick—I heard Feakes call out "Fire!" and I saw Coombes run across the ground and pull the line to stop the work—he was about fifteen fathoms from the tar house when I first saw him, and I heard Coppick say to Coombes," Who lit the gas?"—Coombes said, "I did"—I had seen Coombes about five minutes before I heard the cry of fire, and saw him walk past and then back again—that was not near where Feakes was at work, higher up, by me—he came just as if he came from the engine-house—that is near the tar house.
Cross-examined. Q. Is Coppick here? A. No—he is a young man—he saw all that I did—I first mentioned about Coombes saying he had lighted the gas, down at Greenwich before the Magistrate—they did not accuse me—this boy did not say that I did it—I was taken down to Greenwich—no other boy was charged excepting White—I was called in by my master—he asked me about it—I did not tell him anything about Coombes having said that he lighted the gas—I did not think of it for that moment—he asked me who set the place on fire, and whether I knew anything about it—there were six of us, and he said that one of us six must know something about it—I said that I did not know anything about it—that was when White was with me—I was in when White told him about the Incifer—Morgan did not say that he would'hang me if I did not tell; he said that he would fetch a policeman if I did not tell him all about it—the policeman took me to Greenwich with White and two or three others.
MR. BODKIN. Q. You say that Major asked you if you knew who set the place on fire? A. Yes; I did not tell him next morning what I have told you—I was not examined by the solicitor when I got to Greenwich, nor was Morgan either—I remember that gentleman being there—he asked me about it, and I told kirn, and about lighting the gas.
MR. METCALFE. Q. How many days after the fire was it that you made this statement? A. Two days; it was the day after I saw Mr. Morgan.
ALEXANDER DRYDEN . I am in the prosecutor's service. I was at work on the frame when the fire broke out—that is just against the engine house—the tar house with the shed is on one side, and the engine house on the other—about three minutes after the fire broke out I went down to the tar house, and saw the prisoner standing still pretty dose to the door—I said to him, "Here is another fire job happened"—he said that he had scarcely left the tar house before he saw it on fire—this was about twenty minutes or a quarter to 11 o'clock—I had passed the tar house door half an hour before—there was no light in the building then—I heard the alarm bell ring before I spoke to the prisoner—the place has been on fire twice before—the place next to this is almost like gunpowder if it caught light.
Cross-examined. Q. Has Coombes been there two years! A. About that time.
WILLIAM MORGAN . I am the son of William James Morgan, and am in partnership with him and my brother as rope manufacturers. I manage the business—it is in the parish of St. Mary, Rotherhithe—the prisoner was a labourer in our service, but not a first class labourer—he received about one seventh leas than a first class labourer—I have heard him say many times that he ought to receive more money as he was quite as good as the other labourers, but we considered that he was not—in the performance of his duties he had business in the tar house—he had to go in for each junk if the boy was too small to put the end through; after that he had to put it on a truck and take it down to the ground, about thirty yards down below
the tar house and winding shed, and run it out its full length, 100 yards, or thereabouts, and then pad it up—I cannot say how long that would take, because the yarns might be broken; it might take two hours—it was decidedly his duty to finish one junk before he took another—after the fire I saw him several times, and asked him questions, but he would not answer—I asked him where he was when the fire took place, and said, "You and Coppick had to take the junk out, and one of you six must have done it"—I he had said that he knew nothing about it—I repeated that several times, and then he said, "I have said what I know, and I shall say no more," and stood very sullenly against the desk.
Cross-examined. Q. How far is it from the gas burner inside to the place where the junk was lying, and which was supposed to be set on fire? A. About twenty feet—I should not think that a piece of lighted yarn thrown across would be likely to set it on fire.
MR. BODKIN. Q. Do you understand the question? A. Yes—I think a piece of lighted yarn thrown across, would go out before it got there, but the boy said that it was carried there—whether it lighted the other would depend on whether it kept alight—if a piece of lighted yam fell on the rope of course it would light it, but I do not think it would keep alight that distance if thrown.
HENBY UPTON (policeman, M 18). I took the prisoner, and Coppick, and Daniel White—Coppick was discharged—I took the prisoner at Mr. Morgan's office about half past 1 o'clock on the morning after the fire—previous to that I had found him standing on the steps of the Holly Tree public house, 300 yards distant from the fire—I asked him if his name was Coombes, he said, "Yes;" "Do you work for Mr. Morgan?" "I do;" "Were you there when the fire broke out?" "I was;" "Had you any gas alight at that time?" he said, "I shall answer you no questions;" I said, "Well, Coombes, I understand you are the last man seen in the tar house before the fire broke out;" he said, "Well, that you have got to prove"—I was in uniform—I took him to Mr. Morgan's office; he said, "Coombes, you were one of the six, and it in evident that one of you must know something about this fire; where were you at the time?" he said, "I shall answer you no questions"—Coppick was there, and I think he said that he was padding his yarn; on his making that observation, the prisoner said, "Hold your tongue, you fool; let them talk, I shall say nothing"—upon that the prisoner was given into my custody—I have searched in the tar house for the plug belonging to the gas pipe, but have not been able to find it—the gas branch is 6 feet 8, or 9, inches from the ground to the burner, I measured it yesterday.
Cross-examined. Q. Was the tap to turn on the gas higher or lower? A. About half an inch lower than the pipe; the plug is that by which you turn the gas on—I searched on the day after the fire, and the place was in a good deal of confusion.
MR. METCALFE. Q. Was the gas burner nearer to the door than the heap? A. No; the heap is before you as you go in, and the gas burner on one side.
NOT GUILTY .
MR. W. J. PAYNE conducted the Prosecution.
standing at the corner of Mason's-place and saw the prisoner and the deceased in the street—the prisoner pulled off his jacket, threw it down against the wall of one of the houses and said to the deceased, "Now come on"—they began to square up at one another in a dodging position; they closed in on each other and seemed to have hold of each other's arms—the prisoner then placed his head against the deceased's stomach and gave him a throw and over he went and pitched on bis head, and he seemed to roll on one shoulder and then on his back—he fell on the stones—I ran up to the prisoner and clapped my hands together and said, "You villain, you have killed the man"—he made use of a bad word, and said he hoped he had killed him—I then returned to the poor man, some one was helping him up, I assisted in raising his head and he said, "My good friends, lay my legs straight for I am dying, I am dying, the Lord have mercy on my soul—I went and fetched a basin of water, and when I returned he was being removed—he appeared to have been drinking—the prisoner might have been drinking, but he appeared to me to be sober, he appeared more sober than the other man—the policeman was there when I returned with a candle, they wanted a candle to see where he was hart—the prisoner still stood there—I heard some one say he was given into custody, he did not offer to run away, he walked quietly along and helped the deceased into Mr. Beck's, the doctor's.
JOHN NEWMAN (policeman, L 79). On the night in question, from information I went to Mr. Beck's, a surgeon in the Westminster-road—I saw the prisoner and the deceased there, and a person named Buahby—the prisoner said that he had had a few words with the deceased about drinking a pot of beer at Mr. Langton's wharf, in the Belvidere-road, that the deceased called him a rat, and he said, "If you call me that again, I will slap your face," that they came outside the public house in Mason-street intending to have a fight, they had two rounds and the deceased fell on his head—the doctor aaid it was only a slight wound, and the man was taken to his own house—the prisoner had been drinking, but was not drunk—he was not taken into custody at that time, not till the Coroner's inquest was held.
ELIZABETH WHITNEY . The deceased was my husband—his name was James Whitney, he was thirty-eight years old, he was brought home on the night in question by the prisoner and Bushby—Mr. Dodd, the surgeon, end his assistant saw him at home, and by their direction I poulticed his head—he said he was a dead man, he should never rise any more—he died last Thursday morning.
EDMUND WILLIAM VALENTINE . I am house Burgeon at Guy's Hospital The deceased was brought there on Tuesday morning, 1st July—it was very evident, from tibe symptoms he presented, that he had fractured his spine—he died on the Thursday morning—we afterwards made an examination and found a fracture of the sixth cervical vertebra, which was the cause of death—a violent fall or throw, such as has been described, would be very likely to cause it.
JAMES BUSHBY . I am a sawyer. I knew the deceased, and the prisoner—they are both sawyers—on the night in question we were all in company together at a public house—we had been drinking together—Whitney and the prisoner fell out about a pot of beer going to Mr. Langton's yard, in Pedlar's Acre—that is a place called the Yellow Yard where people go in to work under price—Whitney said to Harris "You are a rat, and shall never drink out of my pot of beer any more"—Harris said, "If you cali me a rat any more I will give you a slap of the head"—Whitney said, "You are a
rat," and the prisoner gave him an open handed slap of the face—Whitney got hold of him by his jacket, and said, "I will shake your guts out"—they went outside, and had two rounds—the first round they fell down together—they got up as quick as they could—they both got up—I cannot say how they had hold of each other—I saw the second round, they both fell down together again, and the prisoner got up ready to go at it again—he kept his time—I got hold of the deceased as well as I could to lift him up, and he said, "Oh, Jem, I am a dead man; I am dying."
Prisoners Defence. I was tipsy, and did not know what I was doing.
(The prisoner received a good character).
GUILTY. Aged 29.—Recommended to mercy on account of the provocation .— Confined Six Months .
Before Mr. Common Serjeant.
MESSRS. BODKIN and LILLET conducted the Prosecution.
EDWARD EASTON . I am the son of James Easton, and of the firm of Easton and Amos. We carry on business as civil engineers, in the Grove Southwark—the prisoners were in the employ of the firm; William Smith was clerk, and had 24s. a week—George Smith was a fitter, and had 4s. 6d. a day—it was part of William Smith's duty to make out the wages tickets—Hunter made out the wages list book, and William Smith copied the number of the man, his name, and the money due to him, and the date—this (looking at it) is one of the tickets—after the tickets are made and copied from the wages list book William Smith and Hunter call those tickets over together—the tickets are then placed in a bag by William Smith—the bags are provided for that purpose, and they are also numbered—each man is distinguished by a number—when a mail enters the shop he is given a certain number, which he always keeps—each ticket is placed in a bag which is of the same number, and sent to the cashier, in another office, to be paid—they are most likely conveyed there by William Smith himself—I did not see this ticket till the Monday.
JOSEPH SOLOMONS . I am attorney to the prosecutor. I served a notice, of which this (produced) is a copy, on both the prisoners, personally, on 13th June—(This was a notice to produce a certain wages ticket, in the handwriting of William Smith, delivered on 31 st May).
EDWARD EASTON re-examined. Q. What is the course with respect to paying the wages at the window? A. The cashier has these bags brought to him—he counts the money into the bags according to these tickets, and his assistant after that counts the money again, and puts it into the bag—the men come and put their numbers down, and the cashier gives the man the money and the bag—Mr. Lewis is the cashier, and Mr. Kettle the assistant.
COURT. Q. The cashier counts the money for all the tickets, and the assistant counts the different sums? A. Yes.
JOHN KETTLE . I am in the employ of the prosecutor, as assistant to the cashier. On Saturday, 31st May, I examined a ticket and bag, marked 143—the ticket was in the handwriting of William Smith—I put the money into the bag myself, the amount was 5l. 6s. 10d.—I put the ticket into the bag with the money—I laid the bag on one side till George Smith came to the window with his ticket—I then handed the bag to Mr. Lewis, the cashier, who gave it to George Smith—George Smith gave his number in in the usual way, and took the bag and it's contents.
Cross-examined by MR. TINDAL ATKINSON. Q. You put the money into the bag, and gave it to Mr. Lewis? A. Yes—there was only Mr. Lewis and myself in the office—the men come to the window according to their numbers, and give their tickets in—I call the number, and Mr. Lewis hands the bag—I keep the tally—the ticket and money is in the bag.
Cross-examined by MR. LOGIE. Q. Who gave it him? A. Mr. Lewie—after Mr. Kettle had counted the money, I took out the money, counted it, and laid it down where it was before—I can say I never took my eye off it—Mr. Lewis and Mr. Kettle were in the office—the office is twenty-five feet by twelve—I pledge my oath that I had my eye continually on that bag.
MR. LILLET. Q. Can you say that you saw this bag, No. 143, given to George Smith? A. Yes; and the ticket was in it—on the ticket was No. 143, Smith's balance, 5l. 6s. 10d. and the date—the ticket was in the handwriting of William Smith—I saw the amount, 5l. 6s. 10d. in the bag—I counted it myself—when the workmen come to the window they lay down their copper tally on the window, Mr. Kettle calls the number, and Mr. Lewis hands the bog—the man takes the bag, empties the money out of it, puts the bag into a box and walks away—I saw George Smith come and put his tally down, and I heard the number called out, 143—my attention was called to the wages list, about half past 12 o'clock on the Saturday—I saw the amounts opposite—the amounts in the book were in the writing of Mr. Hunter—the names were written by another clerk, who keeps the time sheet—on the Monday, information was given to the police, and George Smith was taken into custody on the premises—my father said to him, "What were your wages on Saturday?"—he said. "1l. 6s. 10d."—my father said, "Are you quite sure?"—he said, "Yes, here is my ticket," and he took this ticket for 1l. 6s. 10d. out of his pocket, and gave it my brother, who was present also—he said these were the wages he received, and he asked to have the ticket back.
GEORGE HUNTER . I am the time taker in the prosecutor's employ, ft is my duty to make up the account of the time, to copy it into the book, and make out the wages due—in this book (looking at it) here is, on 30th May, the whole of the men's time, and the whole of the figures denoting'the wages—I set down the amount against each name—I set down opposite the name of George Smith, No. 143, 1l. 6s. 10d.—I do not write the man's name, but the time, and the amount of wages due for that time—there is a separate column for each—on Saturday, 31st May, I went over this book with William Smith—I checked all the items that were called over by tickets on that day—a man of the name of Dunnam writes the names on the tickets, but this ticket is the writing of William Smith, who on Saturday, 31st May, made out the tickets; but, properly, all, except the amount, should be in the handwriting of Dunnam—the book is not aow in the same state in which it was when I checked the tickets with William Smith—I see to one man's name, No. 91; here is U added to the original 5s. 6d.—I can tell from the time list that 5s. 6d. was the proper amount—here is another, the name of a boy, No. 98, 1l. 6s.—I saw this on the Saturday evening—he could not have earned that, his pay is only 1s. a day—when I gave the book to William Smith it was only 6s., and when I saw it on the Saturday evening, it was 1l. 6s.—here are two others, which were 11s. 2d. and 3s. 6d., that was the amount that was their due, and there was 1l. additional to each name on the Saturday evening, which made them 1l. 11s. 2d.
and 1l. 3s. 6d.—there were alteratios in four ininstances, and in three of them the figures I sew on the Saturday evening have been evening have been erased—the fourth remains—before the men were paid, I saw a ticket in the bag No. 143; the whole of the ticket was William Smith's writing—the man's name, and figures, and all—the amount on the ticket was 5l. 6s. 10d.—that was not the amount which was called out by William Smith when he checked the book with me—the amount that was called over was 1l. 6s. 10d.—on the Monday morning I saw William Smith; he came into the counting house about 8 o'clock—he said that it was a nice morning, and he was going to have a walk, and he asked if I was going to get my breakfirst—I said "Yes, I am going directly"—he lit his cigar, and went out, as I supposed for a walk—I went to breakfast, and returned in a quarter of an hour or twenty minutes—when I returned William Smith was in the office, sitting at his desk—shortly after I saw him go to the safe, where the books are kept; lie took out the wages book, and laid it down on his desk before him—in a few minutes afterwards a person went out of the office, and I saw William Smith making an erasure in the book—I did not go into the pay office on 31st May—I do not know who took the tickets to the cashier—the book and tickets were left to William Smith—whether he took them I do not know.
Cross-examined by MR. LOGIE. Q. What time did you go over the book and check it with William Smith? A. Between 12 and half past 12 o'clock on the Saturday—there are tickets containing the name and number of each man—William Smith had them in his hand—he would get them from Dunnam, who would put the names down—William Smith has these tickets in his hand, he calls the names over, and tells the amount that is on the ticket, which he has copied from the book previously, and as soon as he tells me, I make a pencil tick against each man's name—this reading the names and the amounts takes a quarter of an hour, or twenty minutes—I should say William Smith has been in our employ sixteen or eighteen months—I believe he is about nineteen years of age—the wages book is kept in the iron safe with the other books—Mr. Dunnam is not here—this book is not kept in his care—he is the man who writes the names in it—I enter the men's time and their wages—the cashier has to do with this book—William Smith has only to copy the men's time out of it on the tickets—the caw, Mr. Lewis, adds up the amount at the end of each page—I always examine this book during the following week, when I see what amount has been paid to the men—I dare say it has happened that mistakes have taken piece in this book—it is not very unusual for an erasure to take place, such things do happen—I saw the ticket for 5l. 6s. 10d. I afterwards saw the ticket for 1l. 6s. 10d. and I see it now—this is William Smith's writting and this truly represents the time.
MR. LILLEY. Q. Where were the books kept? A. In an iron safe in the office in which William Smith sat—in the course of his duty he would have to do with this book on the Monday morning.
WILLIAM JOHN LEWIS . I am cashier to the prosecutors; I was so on Saturday, 31st May. William Smith brought me the bags and tickets—I noticed the ticket which was on the bag No. 143—it was in William Smith's handwriting—the Amount mentioned on it was 5l. 6s. 10d., the No. 143 on top, and Smith's balance written short, and the date 30th May—the wages are paid up to Friday evening—I placed the amount, 5l. 6s. 10d. in the bag, and handed it to my assistant, Mr. Kettle, and he returned it to me—when George Smith came to the pay window, he gave in his brass ticket,
and the number was called out by Mr. Kottlc, and I handed the bag and it's contents to George Smith, who took them away.
Cross-examined by MR. TINDAL ATKINSON. Q. Is this tally a copper ticket? A. Yes—if his wife had come she would not have had it—the man always conies for it himself.
Cross-examined by MR. LOGIE. Q. William Smith brought you the tickets and the bags? A. Yes—as soon as I came to this ticket I put down 5l. 6s. 10d. on it—that was a quarter of an hour or twenty minutes after William Smith had brought me the ticket—William Smith was then in his office—he came again on Monday morning as usual—it frequently happens that there are balances due to the men—there are nearly 200 men to be paid.
JOHN KETTLE On Saturday night, 31st May, I saw the ticket 143—it was in William Smith's handwriting—the amount was 5l. 6s. 10d.—I put it into the bag myself—I saw it handed to George Smith, with presented the tally 143.
EDWARD EASTON re-examined. My attention was called to thin wages book for the week ending on Friday, 30th May—I saw it on Saturday, 31st about half past 12 o'clock, before the men's wages were paid—the amount due to the man No. 98 was then 6s.—I saw the book again afterwards, and it was 1l. 6s.—it is now 6s. again, and there is an erasure here—I can see these other two erasures mentioned by Mr. Hunter—I can calculate from the time that this 1l. 5s. 6d. is not the proper amount; certainly not; the amount would be 5s. 6d.
Cross-examined by MR. TINDAL ATKINSON. Q. Why is it you do not refer to the book when you give the money? A. Because it would take too long time—it has not been done, as what they do is in considerable haste, bat I think is impossible for two persons to make a mistake—the total of this book is added up after the wages are paid.
THOMAS GORDON (police sergeant, M 20). I received charge of the prisoners on 1st or 2nd June—I searched George Smith at the station, and found this ticket on him—he was told the charge was receiving 4l. too much on Saturday night—he said, "If I received 50l. too much, and have got none of it, it will do me no good"—I found on him a metal ticket, No, 143—William Smith made no reply—10 1/2 was found on George Smith, which was given to his wife.
Cross-examined by MR. LOGIR Q. Did pot William Smith say he was innocent? A. He might have said so at the station; I will not be certain—the charge was read over to him by the inspector—I believe he said he was innocent.
COURT to EDWARD EASTON. Q. Would H be the duty of William Smith to make an erasure? A. No, certainly not in this book—if he found a mistake in this book, he must take it to the cashier—in this book there would be what was paid on the Saturday.
Cross-examined by MR. LOGIE. Q. Have you heard Mr. Hunter state that if there was a mistake, William Smith had to correct it? A. He misunderstood you—it would be William Smith's duty to take this book to the cashier, because it would make his money all wrong.
COURT to GEORGE HUNTER. Q. What alteration would William Smith be allowed to make in this book? A. Not any after the men are paid.
NOT GUILTY .
720. FREDERICK HILL , burglary in the dwelling house of Frances Johnston, and stealing 4 saltcellars; her goods; also, 1 coat, and other articles; the goods of John Willis; having been before convicted: to which he
PLEADED GUILTY . Aged 17.— Four Years Penal Servitude.
Before Mr. Recorder.
ANN LAWS . I am single, and live in Grove-lane, New Cut; I am an unfortunate girl, but have been working at machine cutting. I have a sister, who is in service at No. 77, Granby-street, Waterloo-road—that is a bad house—I believe the prisoner lived in that house—I went to that house to see my sister on a Saturday, I think it was 14th June, about 4 o'clock in the afternoon—when I got there the door was shut—I knocked, and when I got in the prisoner was in the passage, and three or four females—the prisoner was quarrelling—my sister was there, with her nose bleeding—I spoke to my sister, and asked what was the matter—she said Jane hit her on the none—that was all I said to my sister—I spoke to the prisoner, and said, "Jane, what is the matter? are you mad?"—she called me a w—, and took me by the hair of my head, and dragged me down the kitchen stairs—I became insensible, and when I came to myself I found myself bleeding.
Prisoner. Q. Did I not part you and your sister? A. No—I broke three squares of glass, and I paid for them—you did not say that if I could not pay for them you would—I was not in the house when you quarrelled with the landlady.
COURT. Q. Was the prisoner in liquor? A. I believe she had been drinking—I am not aware whether the others were in liquor—I had not been drinking.
CATHERINE LAWS . I am the sister of the last witness; I am single, and live servant at No. 77, Granby-street. I remember my sister coming there on Saturday, 14th June—when she came I was bleeding from the nose in the passage—the prisoner had hit me a blow with her fist—my sister asked me what was the matter—I said Jane hit me—my sister went to the I prisoner, and said, "Jane, what is the matter? are you mad?"—the prisoner called her a w—, and said, "Mind your own business," and she took her by the hair, and dragged her down stairs—my sister was insensible, and the prisoner ran into the front kitchen, and came out with a knife in her hand—she said, "I will find that old—, Betsy," and she stabbed my sister with the knife in the side of the head—I said, "Oh, Jane, you have killed my sister!—she said, "Go away, or I will do the same to you"—she went looking about for the landlady—she went into the back yard, and went into the water closet with the knife—she came out, and I did not see the knife then—some time afterwards I saw her go over the palings to No. 78.
Prisoner. Q. Were not you intoxicated? A. No.
COURT. Q. Are you quite sure you saw her cut your sister on the head! A. Yes.
ELIZABETH BUCKETT . I keep the house No. 77, Granby-street I had had a quarrel with the prisoner in the morning, she struck me, and I hid myself in a cupboard—while I was there, in the afternoon, I heard a screaming of "Murder!"—I heard the last witness say, "You have stabbed my sister"—the prisoner did not make any answer—before she had injured the woman I heard her say, "I will serve Betsy the same"—I do not know what she meant—this knife was afterwards shown to me—it had been kept in the table drawer in the kitchen.
Prisoner. You were intoxicated all the morning, and called me most dreadful names. Witness. No, I was not, you were.
ANN LAWS the elder. I am the mother of the first two witnesses—I am the wife of a Greenwich pensioner, and live in Grove-lane. In consequence of something I heard I went to No. 77, Granby-street—I saw my daughter Ann lying at the foot of the stairs, bleeding from a cut in the head—I saw the prisoner standing in the back kitchen—I saw her go towards the back yard—she said, "I will give it to the old w—of a mother as well"—I went with my daughter to a surgeon.
HANNAH ALLEN . I live at No. 77, Granby-street I heard a scream, I came down stairs, and saw the prisoner with the knife in her hand—the prosecutrix was on the step, bleeding from her head—the blood was streaming from her head—I said, "Oh Jane! how could you do this?"—she said that she would serve Betsy, meaning the landlady, the same—there was a cry that the police were coming, and she ran out of the back door.
Prisoner. Q. Did you not come in just at the time the constable came in? A. No, that was Emma came in—I was up stairs in my own room when I heard the cries.
COURT. Q. Was the prisoner intoxicated? A. I believe she had been drinking.
EDWARD NEWTON (policeman, L 76). I was called to No. 77, Granby-street—I saw Ann Laws on the step, bleeding very much from a wound on her head, and her gown covered with blood—I searched for the prisoner, and found her in the next house, No. 78, concealed under the bed—I told her she must come to the station—she made use of very bad expressions, and said, "I bleeding well won't"—I took her with difficulty, she clung to the bed post—I took her to the station—I with the last witness found this knife—on the Monday morning I took the prisoner before the Magistrate—she was very abusive, and when the Magistrate committed her for trial, I went to tell her to go to the cell, she said, "You b—I will not," and she spat in my face.
JOSEPH WILLIAMS . I am a medical student, at St Thomas's Hospital I was on duty that week—I remember Ann Laws being brought in—she had a wound on the right side of the head, just over the right ear—it was about an inch long, and about half an inch deep—it was made by some cutting instrument—it might have been done with this knife—I did not think it dangerous.
Prisoner's Defence. The prosecutrix would do anything for money, and her mother is the same; she has made her youngest daughter go out to get money for her; I flung a basin at her, and hit her head, but I never saw a knife that morning; they know that she was intoxicated.
COURT to JOSEPH WILLIAMS. Q. Was this a clean cut wound I A. Yes, it might have been done with a basin, but I should have expected to have found some pieces of the basin.
Witnesses for the Defence.
MARGARET WILLIAMS . I am single, and live at No. 2, Granby-street. I was at No. 77 when this happened, I went to fetch Jane home—the landlady opened the door, and refused to give her her bonnet—I asked Catherine for her bonnet, the landlady would not let her have it—they were all tipsy, and all fell upon her—Ann Laws and Jane began fighting—I tried to
prevent it—Jane went into a fit, I sent Catherine Laws for 1d. worth of vinegar, she brought it in a basin—I bathed Jane with it—she went up stairs when she recovered, and they began fighting again—Iwent up stairs to fetch Ann Law's mother—there was no one in the kitchen at the time that the would was done—the mothe was at the door—I said "What is the matter?"—Ann Laws said, "My head is cut"—there was a basin lying on the mat, and there was a cup lying there at the same time—the basin was not broke.
Prisoner. The basin was not broke, there was a drop of vinegar in it Witness. When I went to fetch the mother, Ann was not bleeding, but when I came back she was—I did not see the prisoner throw the basin, it was while I was not there—when I came back, Ann was walking up by her sister, and she said her head was bleeding.
JANE COWELL . I live at No. 2, Granby-street, I was at No. 77, Granby-street—I went with the prisoner to get her bonnet, she had been giving notice to quit—the landlady was very angry, and would not let her have her bonnet and shawl—they were all quarrelling, andn all very tipsy—I saw Ann Laws' head bleeding—I did not see how it was done—she was not dragged down stairs—I cannot tell how she got her head injured—there was no knife—she had no knife—the little Laws said, "You have streek my sister with a knife"—she said she had no knife.
GUILTY of unlawfully wounding. Aged 20.— Confined Twelve Months.
ADJOURNED TO MONDAY, AUGUST 18TH, 1856.