CENTRAL CRIMINAL COURT.
SALOMONS, MAYOR. TENTH 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, August 18th, 1856.
PRESENT—The Right Hon. the LORD MAYOR; Sir CHAPMAN MARSHALL, Knt., Ald.; Sir JAMES DUKE, Bart., Ald.; Mr. Ald. CHALLIS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the First Jury.
MESSRS. METCALFE and REED conducted the Prosecution.
JOSEPH GEORGE . I am articled to an attorney. I have purchased a little property at Whitton, near Hounslow, and have been building a rear deuce on it—I first went to the Tillage about twelve months ago, and took lodgings at the prisoner Smith's residence, to superintend the building—I occupied those lodgings up to about a month since—on 15th or 16th June I purchased a bird of a man named Walker, and on the same evening the two prisoners came down to my house, on my return from a drive, and Goldsbrough claimed the bird—I told him that if he would bring Mr. Walker, and he would say that it was his, he should have it—Smith was present—he turned round, and said, "You b——Jew, what do you mean by doubting my word?"—I then left the cottage, followed by Goldsbrough and Smith—Goldsbrough abused me down the village—I had said nothing to exasperate him more than I have stated—next day I had occasion to pass Goldsbrough's house, and he held up a board with "Old Clo" on it, and on my return from the Magistrate's at Brentford, where I went to take out a summons for abusive language, the house was placarded with other boards, "Hot pies;" "Pork;" "Fried fish;" I have a witness here who took a sketch of the house with the boards—in the afternoon he hooted after me, and gave the boys pence to do the same—the boys told me so—this board (A portrail with a large nose, inscribed, "The portrait of Judas Iscariot")
was put up outside the house—I cannot walk down the village now unless I am hooted at—I was never hooted at before the boards were put up—the summons was heard on 28th June, and Goldsbrough was fined 10s.—the boards were not removed that day, but Smith removed them the Sunday afterwards—I saw him do it—I have mistaken the date, the summons was heard on the 28th, but Smith removed them the week before that—Smith said, "If you will withdraw all proceedings, I will take down the boards; if not, they shall hang till they rot"—I said, "Pray take them down, and I will withdraw proceedings," and he took them down on the Sunday before the 28th—it was on Saturday that the summons was heard, and it was on the Sunday before that, that Smith took them down—when he took then down he put them in his own front parlour, and I agreed to withdraw the summons, but a friend told me something on the same Sunday that he removed them, and I went out, and found he had left one in the window, with the words, "To let; no b—Jew or cab man need apply"—on the day after the summons was heard, the 29th, the boards were replaced—I saw Smith bring them from his house, with a man named Jack, and Goldsbrough assisted him, and said "I will defy the law; I will keep you out of the village"—that course of conduct was continued till 6th July, and on 6th July I went before the Magistrate again—they were both bound over to keep the peace, and the Magistrate cautioned them to remove the boards, but they kept them up till the 9th or 10th, and the same course of conduct was pursued towards me—Goldsbrough called me a Jew vagabond, a Jew cab driver, a scoundrel, and an uncircumcised Jew, and said before some females that I had only half a, and my wife knew it—on the 12th the Magistrate said, "I cautioned you to remove the boards, and you had no business to let them remain a moment longer," and he bound them over to appear here—this paper (produced) represents the house, with the boards on it, as taken by a gentleman expressly—(MR. RIBTON objected to this, it being only a copy; MR. REED put it in as a plan of the position of the boards, and would produce the boards themselves to show what was on them; THE COURT admitted the paper as evidence of the position of the boards only)—in consequence of this continual annoyance, I have put up a bill to let the house which I have built—I do not intend to live there.
Cross-examined by MR. RIBTON. Q. Has Joseph George always been your name? A. Yes, I have never gone by any other except at my marriage, when I took my family name, Joseph—my right name is George Joseph—I have known Smith about twelve months, I lived in his how about eleven months—I had no quarrel with him—I never threatened him in any way—I never knew Goldsbrough, to speak to, till about a month before the 15th, when he came to speak to me about the bird—I may have noticed him at his door, but never communicated with him—I never challenged him to fight, he challenged me to fight—I swear I did not use abusive language to him—I did not spit in his face—I do not recollect saying that I would see him come to the same end as his friend Palmer—I swear I did not, but his words were so horrifying that I was in a great passion—I have no recollection of using such words, and I almost swear I did not—I may have used them unbeknown to myself—the bird was a nightingale, I did not know that it was his—before I went to that village, I lived at No. 49, Beaumont-street, Marylebone—it is a gentleman's house, a respectable house—I was not carrying on any trade there—I was private, living on my independent means—I lived there six or seven years, my wife was living there with me; her maiden name was Cooper—I was
married to her at that time, I was married in 1852—I do not know which wife you mean, I have had two—they are not both alive—here is the agreement for that house (produced)—I went there about 1849 or 1850—my present wife was living with me when I went there, but we were, not married then—I was married in 1846 to my first wife—the house has ten rooms, it is not a brothel—I swear that I have never kept a brothel—before that I lived in Hill-street, Knightsbridge, as a gentleman—I have some houses at Brighton, and I have money—I am very well off, I have just spent 700l. or 800l. in building a house at Whitton—at Hill-street I was living on money left me by my father, who died in 1842—I shall not tell you how much he left me—my present wife was living with me at Hill-street also—I swear that that house was not a brothel; I lived there on my private income—my father left me 200l.—I lived on that in Hill-street, and on different presents I got from my mother, and money of my own getting—I often gained a few pounds—now and then I got friend a horse, or sold a horse, or something of that kind—I lived in Hill-street three or four years—before that I lived at Norton-street, but we used to call it No, A1, Portland-road—I only lived in the upper part for a short time, and let it to a wine merchant named Newman—I was always bustling about doing something—at that time I was studying to enter the army as a veterinary surgeon, at the Veterinary College—the lady whom I am now living with was living with me then; my first wife was dead.
Q. Do you mean to say, that when you were living at Norton-street, your first wife was dead? A. She had gone abroad, she was dead to me—that is not what I meant to convey to the Jury that she was dead to me only, but I mistook the date: in 1849 she died—I do not know the exact year that I left Norton-street—I was there about twelve months—I was then at the Veterinary College, and used often to attend to horses for different people—I had entered myself to take my diploma—I was three or four years attending lectures, and paid twenty guineas—that was not out of the 200l., you are going back to my boyhood, my father put me at the college, and paid twenty guineas—I did not tell you that I had anything to do with the college when I was in Norton-street, it is your mistake, I told you that I often earned 1l. or 2l. in attending to friends' horses—I have often given horses physic, but not in Norton-street—I lived in Norton-street the same year that my father died—I was at Hill-street two or three years—it was not in 1847 that I was in Norton-Street—I was in Hill-street in the Exhibition year—I moved from Norton-street to Hill-street, but I went down to Brighton for a month or two—I have been six years in Beaumont-street, that will be 1850; two years in Hill-street, that will be 1848; and from 1842 to 1848, I was residing partly at my father's house till he died, and then I went to Portland-road—I have made a mistake in the date of my father's death, but you have the certificate; he died in 1846, or between 1846 and 1847 (looking at a book) because here is the amount he left me, which I paid into the bank—his residence was No. 27, Somerset-street, Portman-square—on my oath that house was not a brothel; it was never indicted as such—I never lived in Shepherd-street, Oxford-street—I know Arthur-street, London-bridge, my offices are there as a solicitor, with Mr. Padmore—I have been with him two years—I never resided in Duncannon-street—I took a cigar shop there some years ago, when I resided in Hil-street—I lived on my independent means at Hill-street, and merely took the cigar shop on the speculation of letting it again—I put a person in there it was not a betting house in my time; the cigar shop was not a mere sham—I
think I bought it from young Arlis, I really forget how much I paid for it; I gold it again—I have never been in Welbeck-street, or had anything to de with any house there—I have been at Union-yard; my father kept a livery stable there, it is at the back of his house—I have lived at Brighton—I bought my house there of Baron Goldschmidt two years ago, and hare got it now—I paid 1,100 guineas for it; my mother advanced me the principal part of that, 500 or 600 guineas—I mean to swear that; it was nearer 600 than 500, and the other 500 I worked for; I made it, I told you that I sold a horse now and then—I have never lived in the Hackney-road—Duke-street, Adelphi, is Mr. Padmore's present office—I am receiving a salary from him—I am letting the houses at Brighton, but the tenants ranaway without paying the rent—I was never hooted at any place before—I know Mr. Emmerson, and have seen him here—boys may have called out "Jew" to me before, but I do not recollect ever being hooted at—I do not know what you call hooting—I have never been called, "Old clo I" or, "Fried fish," to my knowledge—I had a stable at Brompton, I never went by the name of Laurence there—my name was not painted over the stable as Laurence—I have never gone by the name of George Henry Beauclere, or Newman; but in Portland-road, Mr. Newman had the lower put of the house—I have never gone by the name of Ernest Gretten—I fancy that the house of the cigar shop was in Mr. Gretten's name—he is a ray respectable man, a picture dealer—he took it of Jonatus, and the name was obliged to remain until the next licensing day, but I never went by the name of Gretten—I have never been before the Magistrates at Dover—I was never locked up in my life, or bankrupt, or insolvent—I got the summons on the 16th—I did not go to Goldsbrough that day; I might have gone to him and begged him to take the boards down—I told him that he would get himself into trouble, and said, "Go to your lawyer and take good advice"—I showed him the summons and agreed to withdraw it the very next day, if he would withdraw the boards—I did not tell him I would have him in Whitecross-street, and bring him to ruin—I told him that the boards would get him in trouble—I never said that if it cost me 100l. I would ruin him—on the first occasion, with my wishes, the Magistrate bound as all three over on the 12th, cautioning him to take the boards down.
MR. METCALFE. Q. What is your age? A. About thirty-seven or thirty-eight—I have given you the whole of my life from five years old upwards—it is the practice of nearly all Jews to change their names from Joseph George to George Joseph, from Salaman to Solomon, and so on—I have the letters which I wrote before I took proceedings, I have given notice to produce them.
LEWIS PHILLIPS . I am clerk to Mr. Padmore. I served a notice to produce on Mr. Darby, the prisoner's attorney—this (produced) is a copy of it—Mr. Darby said that they were in the Court at Brentford—I posted a letter addressed to Mr. Darby, on 21st June; I did not post the one of 17th June—here is my mark in this book to the 21st, and this is a correct copy of the letter (This, was addressed, Mr. Goldsbrough, and stated that as no reply had been received to the letter of the 17th, an action would be commenced, unless a written apology was sent before 12 o'clock on the following Monday)—Chambers, who is not here, posted the other letter.
GEORGE COOPER . I am a clerk to Mr. Padmore. On 22nd June I was at Whetson, at Mr. George's house—I had occasion to pass Goldsbrough's house, and saw a bill in the window to the same effect as this one (produced), but I think it said, "No b—Jew or cabman need apply"—I
communicated that to Mr. George—I was there again on Sunday, 29th June, that placard was still in the window, and there were many boards hung about the front of the building; they were, I think, suspended by cords, here is one (produced), which says, "Grand treat for the haymakers and strawberry pickers in the village; a gentleman in the road has kindly offered his drawing room for Wednesday next; fried fish at 9 o'clock hot peas and pork at 10; ugly snout can he had at Rose-cottage, entrance free")—Rosa-lodge is the name of the prosecutor's lodging, not Rose-cottage—this other board is, "A good price given for old hats, old clothes, long snouts, or any other rubbish: N.B, un——d Jews wanted"—another is, "Union-yard, Somer-street, York-street, Baker-street, Brompton"—I believe those refer to the former addresses where the prosecutor resided—the boards are partially obliterated now, bat any person could read them from the public road without difficulty at that time—they remained in the prisoner's possession till they were conveyed away—here is another board—it is a sketch representing a horse, underneath which is "Portrait of Running Rein"—another is, "Norton-street;" another, "Pork," and another, "Fish"—there are two shutters to the window on the ground floor, on one of which was a likeness with a very large nose, and on the other an inscription in Hebrew—the boards were in the situations represented in the drawing—I saw Goldabrough on the 29th—the people of toe Tillage were then coming out of Church, and passing with prayer-books in their hands, and he called out loud to the prosecutor, "You b——Jew, you b——uncircumcised Jew I if you are not circumcised you ought to be," and he made use of some language worse than that, which I should rather write down—he said that quite bad enough for the people passing to hear him—I have never heard the boys say anything to Mr. George—on the first occasion I saw Smith in his room with the boards, and heard him state that he had just taken them down—on the 29th I saw him come from Goldsbrough's cottage to the cottage where the prosecutor was residing, fetch the boards from his room, and carry them with the assistance of his man Jack, through the village, and up the road into the cottage of Goldsbrough, and I saw him assist in hanging them up.
Cross-examined. Q. What distance is Goldsbrough's house from the prosecutor's? A. About fifty yards—I have known the prosecutor eight or nine years—I am his brother-in-law.
JOSEPH SALISBURY . On 15th June, and some little time afterwards, I was acting as groom to the prosecutor—on 15th June I was having my tea, and Smith came in and told me about the bird—he said that there would be a row: that Mr. Goldsbrough was coining to see Mr. George about the bird; and I do not think a quarter of an hour elapsed before he brought Goldsbrough, and there was a row—I saw the inscriptions on Goldsbrough's house next day, and a intervals up to 6th July—I have seen Mr. George hooted by the people in the village frequently, and other members of his family, my mistress as well, and I have been hooted after repeatedly—that never happened till the inscriptions were put up, but it has happened ever since—I heard Smith say that Mr. George had better give 50l. than have anything to do with this case—that was about a month ago—we had been before the Magistrate once then—it was between the time that Goldsbrough was fined and the second summons being taken out—I have seen Smith at Goldsbrough's house while the boards were up—he was there on the Sunday that they were being put up.
Cross-examined. Q. How long have you been with Mr. George? A. Two
years within a fortnight—I lived with him at No. 49, Beaumont-street—he is a gentleman, and something in the law, I believe—he never had any quarrels with any other people, to my recollection—he has been respected till this took place—it was at Neville's public house that Smith said about the 50l.—that was about three weeks after the affair of the bird—I was present at the row about the bird—Mr. George was not very violent; he was not in a passion; he was rather irritated, because Goldsbrough got squaring up to him—he told him that he was not going to have him there making a disturbance on Sunday night—he said that he should do just as he liked in his place, as Mr. George was only a lodger—the bird died the same night—Mr. George went by the name of George in Beaumont-street.
LEWIS KYSER . I am a jeweller and watchmaker, of Church-street, Paddington. In June last Smith called on me, and asked me if I had heard the row which had taken place between a man named Goldsbrough and Mr. George—I said, "Unfortunately I have, and I am sorry to think that net disgraceful proceedings have taken place, for Mr. George is very little known as a Jew; and I have been here fourteen years, and never had a word with a single person; and people will think that it is me"—he said that he would take care that people should know that it was not me, but Mr. George; and after they had been before the Magistrate, he called on me, and informed me that the boards had been taken down, but were reput up, and that other matters would come out against Mr. George which would drive him out of the village—I have heard the prosecutor hooted after, and his family—Mrs. George came and fetched me, and I went with her, and saw some twenty boys, girls, women, and men, Mr. George was attempting to get hold of one of the young men, but I begged him not, but to go home, being Sunday, and I would find the man's name out; and he went home—they were laughing and hooting at him—I cannot say whether Mr. Smith owed Mr. George a grudge, but Mr. Smith wanted to borrow money of him when he lost his wife—he refused, but I lent him some—he spoke of that afterwards to me.
Cross-examined. Q. What day was it that the boys hooted him? A. On Sunday, but I did not take the date down—it was in June, I think—on that very day Mr. Smith called on me—I saw them laughing—I have known Goldsbrough some years, but only by name, till he came to Whitton—I know that he lived in Beaumont-street; I have seen him there—I understand he is connected with the law—I do not know him personally.
JAMES BRUCE (policeman, B 147). From 15th June to 6th July I was on duty at Whitton—from 11th June to the 22nd I saw several boards hanging on Goldsbrough's cottage, and on the 29th there were some more boards hung—I believe this sketch to be correct—Mr. George has complained to me from time to time of the annoyance—the boards were taken down two or three days before the Magistrate decided the matter.
Cross-examined. Q. When did Mr. George make the first complaint to you? A. It might be three or four days after they were up; it was not before they were there; I am sure of that—I have not seen people congregating about the house, nor have I heard people hoot him—nobody has complained to me except Mr. George.
MR. METCALFE. Q. Is your beat six miles? A. Six miles between two of us—I have not been sent for by Mr. George, but I met him on several occasions, and he has told me about it.
he has experienced—I have seen the boards banging on Goldsbrongh's house—I have not heard people hooting after him.
Cross-examined. Q. Did not Mr. Goldsbrough say that, if he would pay 21., he would stop it? A. I did not hear him say 2l.—Mr. George said that if the boards were taken down he would stop all proceedings.
GOLDSBROUGH— GUILTY . Aged 32,— Confined Three Months, and to enter into recognizances to keep the peace for twelve months.
SMITH— GUILTY . Aged 53.—Recommended to mercy by the Jury.— To enter into recognizance.
PLEADED GUILTY . Aged 22.—He received a good character.— Confined Nine Months.
PLEADED GUILTY . Aged 24— Confined Twelve Months.
(There was another indictment against the prisoner.)
725. JOHN O'DEER , burglariously breaking and entering the dwelling house of Charles Price, and stealing therein 4 knives, 3 forks, and other articles, the property of the Wardens and Commonalty of the Mystery of Dyers.
MR. GIFFARD conducted the Prosecution.
WILLIAM COBB (City policeman, 412). On 28th July I was on duty on Dowgate-hill, and heard a noise at some new buildings—I looked over, and saw the prisoner putting on his shoes—I watched him, and saw him tying up some brushes and other things in a bundle—he then came over the hoarding, and I asked him where he brought them from—he said that he had come from Ireland, and had gone there to sleep, and the things were there loose—I took him to the station—the bundle contained four knives, three forks, one towel, one pair of slippers, one coat, one waistcoat, and three brooches—I afterwards examined, and found the window of Dyers' Hall broken open, a pane of glass taken out, and the sergeant got in—there were some footmarks.
CHARLES PRICE . I am beadle to the Wardens and Commonalty of the Mystery of Dyers, at Dyers' Hall. I and my family sleep on the premises—on the night this happened, I fastened up the premises myself, and went to bed at 10 o'clock—the window in question was fastened—I was rung up shortly after 4 o'clock, and found the sash thrown halfway up—the person had got through a very large square of glass, which had been taken out—I could have got through myself—part of these articles belong to the Company, and part to their clerk—they were all safe, in eight or ten different rooms, which he must have been into.
WILLIAM ARTHUR EDE (City police sergeant). I searched the new buildings, about 20 minutes past 4 o'clock, and found on the water spout indications where a person had got up—I also found footmarks on a chair close to the window—I rang the bell, and called up the beadle.
Prisoners Defence. I saw the things lying under the window, and put them into my handkerchief.
GUILTY . Aged 17.— Confined Nine Months.
The prisoner lodged in the next room to me—on 29th July, about half past 2 o'clock, he came home drunk, came into my room, and kept continually annoying me, until half-past 4 o'clock—he then appeared to have got sober, and I went to sleep—I awoke about 20 minutes to 6 o'clock, and found him cutting the breast of the flannel shirt which I had on, and taking out my money, 2l. 16s., which was in a piece of flannel—I caught at his hand, and he threw it down stairs—I took it up, went for a policeman, and gave him in charge.
Prisoner. Q. Was any person in the house at the time? A. Yes, two; one was in bed with you, but you put him out.
Prisoner's Defence. I went and asked him to light a candle; his bedfellow asked me where I had been; he asked if I would have a game at draughts with him; I played till I was tired, and told him I was going to bed; I got to the door, and he seized me, and said that I had robbed him; I asked what he meant; he said nothing, but went down two or three step, then came up, and said that he would make me suffer; he went down, and came back with an officer.
COURT to ANDREW NALAND. Q. Had you somebody sleeping with you that night? A. No; John Saxon, who was out on the spree with the prisoner, came to bed to me about half past 2 o'clock—he lives at the same lodging—when I awoke at 20 minutes to 6 o'clock, Saxon was sitting on a chair, drunk—he was more drunk than the prisoner, and had not recovered himself—he and the prisoner were playing at draughts—Saxon saw the prisoner coming to the bed to me—he had his head stooping when I chained the prisoner—he saw me, but he is not here, as he did not take particular notice—I had known the prisoner some five or six weeks before the robbery—the money was tied in the piece of flannel with a piece of was end—about a week before this, I was speaking about having a few pounds, and the prisoner said, "Yes, you have money," and caught hold of me by the breast of my shirt, and felt it.
Prisoner. It is false, I never did such a thing; he said that he should not be pleased till he got me to Newgate. Witness. Never, I never had any quarrel with him.
NOT GUILTY .
MR. PARRY conducted the Prosecution.
SARAH HASLOP . I am single, and live in Marsh-street, Walthastow. Last Friday three weeks, in the afternoon, I was at the corner of Leadenhall-street, with two young female friends—I had a purse, containing a half crown, a 2s. piece, and half of a railway ticket to Leabridge—somebody spoke to me, and I missed my purse, which was safe when I left the Eastern Counties station, about 3 or 4 o'clock.
DAVID LOTT (City policeman, 102). I was at St. Mary Axe, about 20 minutes to 4 o'clock, heard a cry of "Stop thief.'" and saw the prisoner running in the middle of Leadenhall-street—a gentleman attempted to stop him, but was not able, and he ran into Brown's-buildings—I ran after him, and took him into custody—close by him I saw this purse (produced) on the pavement—I picked it up—Mrs. Haslop described it's contents to me before I showed it to her.
Cros-examined by MR. METCALFE. Q. Were there other persons running? A. Yes, thirty or forty, but the prisoner was the leading one.
JOHN LEMON . I am an insurance agent, of No. 4, Albert-road, Dalston. I saw the prisoner running out of Leadenhall-street; there was nobody before him, to my knowledge—I attempted to stop him, but did not succeed, and followed him into Brown's-buildings, where I saw a pone fall, to the best of my knowledge, from the prisoner—I do not think there was anybody in front of him from whom it could have fallen.
Cross-examined. Q. Did you see it drop at all? A. I did—I knew that it was a purse at the time it dropped—I saw it a foot and a half before it readied the pavement—persons clustered round, but I was the leader into Brown's-buildings except the prisoner—at the time I saw it drop, the policeman, the prisoner, and myself were the only three who had got into Brown's-buildings—I was behind the prisoner all the way.
GUILTY .*† Aged 22.— Confined Twelve Month.
MR. HORRY conducted the Prosecution.
HENRY DAVID DAVIS . I live at No. 14, Peckham-grove, Camberwell. On 16th July, between 3 and 4 o'clock, I was in King William-streetr—there was a crowd, and I stopped to look—I saw the prisoner on my right, just by Deane's, he had a mackintosh coat on his arm—I felt a tug at my waistcoat pocket, looked down, and saw my chain hanging, and he was just drawing his two forefingers under his mackintosh—my watch was gone—I caught hold of the prisoner by his wrist, he struggled with me, and I asked him for my watch—instead of looking round towards me, he looked to his right—he said, "Let me go," broke away from me, and ran up Fish-streefchill—I followed him, and he was stopped by an officer—the hook of my watch was wrenched off.
Cross-examined by MR. METCALFE. Q. Was there a crowd? A. Yes; I was looking on, about half a yard from it—I asked him twice for my watch before he turned round and said that he had not taken it—I spoke as loud as I do now—he was on my right, there was no one on my left—people were standing close up to him—I do not remember that any one was behind me.
JOHN POWELL . I am a porter, of No. 29, Old-street, St. Luke's. I was at the crowd in Arthur-street, close to Mr. Davis—the prisoner was on his right—in a few minutes I saw the prisoner draw his hand from wider Mr. Davis's arm—he seized him directly, and said, "You have stolen my watch"—the prisoner said, "I have not seen your watch"—there was a struggle, the prosecutor held him for some few minutes, and a man with a cap on, like a drayman, brought him his watch—the prisoner gave a Hidden jerk, and ran up Fish-street-hill—I followed him, and another witness stopped him.
Cross-examined. Q. When did you first mention about his drawing his Hand from under Mr. Davis's arm? A. I do not know that I have mentioned it, but I have mentioned it now—I may have forgotten other things, but I have recollected that since—I went to the station on the 16th and before the Magistrate on the 17th—T forgot it the next day, but I remember it a month afterwards—on my oath I saw the prisoner's hand come from under Mr. Davis's arm, but it slipped my memory—I first thought of of it a fortnight ago, when I was calling it over in my own mind—the prisoner had a mackintosh coat on his arm, and he drew his hand
from under the prosecutor's arm, but I could not swear that I saw the watch.
MR. HORRY. Q. Was it as you saw that motion that the prosecutor turned and accused him of stealing his watch? A. Yes, he caught hold of him immediately.
GEORGE BLAKEMAN . I am a carpenter, of No. 40, Little Bartholomew-close. I was near the Monument, looking at the crowd, and saw the prisoner run—the prosecutor pursued him—he broke loose from some person, and was followed by the prosecutor and several others, crying, "Stop thief!"—I caught him, and held him till an officer came up—he said, "Let me go, he has hit me;" I said, "Stop till he comes up, and see if he will hit you again"—I handed him over to an officer.
LUKE MOSELEY (City policeman, 104). I saw the prisoner in the custody of the last witness—he had a reversible coat on his arm—he said that he lived at some coffee house in High-street, Whitechapel, that he had left Birmingham about a month, and did not know London, having been here a very short time—I inquired at every coffee house there, but could not learn anything about him.
GUILTY .**† Aged 20.— Four Years Penal Servitude.
NEW COURT.—Monday, August 18th, 1856.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. CHALLIS; and MICHAEL PRENDERGAST, Esq.
Before Michael Prendergast, Esq., and the Fifth Jury.
PLEADED GUILTY . Aged 37.— Confined One Year.
PLEADED GUILTY . Aged 43.— Confined Six Months.
MR. PAYNE conducted the Prosecution.
HENRY NEWTON . I am the manager of Mr. Frederick Dent's business, a chronometer maker, at the Royal Exchange. On the morning of 15th Aug., about 10 minutes past 11 o'clock, the prisoner came in—he took a watch from his pocket, and said, "I have a gold watch, but I have no chain, I wish to purchase one"—I showed him a variety of chains, and he then asked for a gold seal to attach to the chain—I had merely to turn my eye from the counter to a drawer, and in the act of so doing, observed the prisoner abstract a gold chain, and place it in his left trowsers pocket—I discontinued my search, and told him I missed a chain from the tray, on which he made a sudden motion, and replaced the chain on another tray—I immediately told him that that was the chain which he had taken out of his pocket, and which he had stolen, and I should give him into custody—I detained him some time, till the porter came in, and I sent him for an officer—shortly after, the prisoner bolted out of the shop into the Royal Exchange—I followed him, and called "Stop thief!"—he was stopped after
a time, and I gave him into custody—I gave the chain to the officer—the prisoner was taken to Bow-lane station—he had not asked the price of the chain—it was taken from the tray he was looking at—I had shown him some others, and told him the price of one—he said it was not good enough, I then showed him the others—this chain was double the price of the Albert chain I had shown him.
Cross-examined by MR. M' AUBREY. Q. Was this chain about the same size? A. No, a different thing altogether—it was about the same length—the chains were marked with a private mark, which showed the price to no one but myself—we have no chains at all in the window—we had other chains in the shop, marked in the name way as this, not in a way that a stranger could understand—I told the prisoner that he had abstracted the chain, and he at once took it out of his pocket, as quickly as he possibly could—he did it very expertly, it required more than ordinary perception to perceive it—I saw him put it into his pocket, he took advantage of the opportunity—he did not say when he put it down, "There is your chain"—he bolted out of the shop—there was a lady in the shop when he bolted, but not when he came in, not till I had got the chain back—the lady came in before he bolted—he remained till the porter came back, he had no chance of getting away, I closed the door—it is not usual for persons to put chains into their pockets till they have paid for them.
JAMES SMITH (City policeman, 465). I heard the cry of "Stop thief!" I saw several persons running, and the prisoner was stopped by the crowd—I apprehended him—the last witness gave him into custody—I took him to the station—I found on him 12l. 5s. 6d., a gold watch, and a ring—he had left a riding whip and a pair of gloves in Mr. Dent's shop—the prisoner said nothing, but merely asked if he should be taken before the Magistrate that day.
Cross-examined. Q. There was no chain to the watch he had in his pocket? A. No—he made no resistance.
(The prisoner's statement before the Magistrate was here read at follows: "I wish to plead guilty, Sir, if you will decide the case."
GUILTY . Aged 22.— Confined Six Months.
MR. CAARTEN conducted the Prosecution.
HARRY BELL . I live at No. 47, Basinghall-street, and am a journeyman upholsterer. I was in Newgate-street on the night of 8th July—I was spoken to by a woman—she followed me into King Edward-street, where I went down to get out of her way, it being in my way home—she came up to me under pretence of asking for something to drink, and got hold of my watch, which was in my waistcoat pocket, with a silver guard chain round my neck—she got the watch out of my pocket, and wrenched it off the ring"—I instantly saw my chain hanging down, and seized the back port of her dress—she made some exclamation, and the prisoner and another man came up—I did not see her take the watch from my pocket, but it was in my pocket the moment before, and I saw the chain hanging down without the watch—I laid hold of her by the back of her dress as she was attempting to make off—she made some exclamation, and the prisoner and another man came up—it appeared to me as if she was calling their attention—it was more like "Oh!" than anything else—when they came np they wanted to know what was the matter—I kept on hallooing, and they tried to get
between me and the woman—one of them made some expression about my hallooing, and one of them placed his hand round my neck, and tried to choke me—a piece of skin was torn from my neck—directly I got from the men, one of them said to the woman something like "Give it to me"—I still had hold of her dress—immediately I heard that, the prisoner ran off and the other two tried to hold me till the prisoner made his escape—I got away from them, and followed the prisoner—he was not out of my sight—I called out, "Stop thief!" and he was taken into custody just as I turned the corner—I had just turned the corner as the policeman had him—he was taken in Angel-street—I am quite positive he was one of the men—I do not know what became of the other man and woman—this is my watch.
Gross-examined by MR. RIBTON. Q. What time was this? A. 11 o'clock—I had left my employ at 20 minutes past 10 o'clock—I merely spoke to the woman to say that I would have nothing to do with her—she had got my watch when the two men came up, and she was making away with it—she had got from me about two yards when I got hold of her dress—I had never seen the prisoner before—I should not think it was more than 200 yards from the place when I saw him in custody—I lost sight of him when he turned the corner—he might be 100 yards from the corner when law him in the hands of the policeman—I had nothing to affect me that evening; I only had half a pint of beer since my tea.
MARK CASEY (City policeman, 284). About 10 minutes past 11 o'clock that night I was in Angel-street—I heard a cry, "Stop thief!" and saw the prisoner running in Angel-street, from King Edward-wtreet—I stopped him, and he dropped this watch—I picked it up, and took him to the station.
Cross-examined. Q. How far from the corner did you take him? A. About eighty yards.
GUILTY . Aged 24.— Confined One Year.
PLEADED GUILTY . Aged 21.— Confined One Year.
JAMES CRISP . I am a warehouseman; the prisoner is my brother, I had a watch, which was hanging over the mantelpiece—he knew the place where it was hanging, at No. 92, Fye-foot-lane, on Tuesday, 8th July—I did not see him that day—I left the room for about five minutes, and went down to the bottom of the lane, and in coming up again a neighbour told me my brother had gone into the house—I went to see if I could see him, but could not—I came back, went into the room, and missed my watch—I went out again, and saw my brother at the bottom of Holborn-hill—I gave him into custody—another man escaped—that man is not here, he was acquitted—on the way to the station, my brother said he had taken the watch and given it to a man whom he called Nat Symes, whom he said that I could find at the King of Denmark, nearly opposite here, in the Old Bailey—I did not find him there—it was nearly four hours after the robbery before we found him—he had time to get rid of it—I had seen my watch safe ten minutes before I missed it—Mrs. Blackman gave me the information—she is here—I left my watch about 10 o'clock at night—I was only away about five minutes—I went to see a lodger out.
Prisoner. I own I was there, but I never took the watch; as to my saying that Symes had it, it is no such thing; anybody else was as likely to rob him as I was.
SARAH BLACKMAN . I saw the prisoner on that Tuesday night go into his mother's house—he came out again in a few minutes—there was a man standing in the lane, and he went across and spoke to that man, and they both went out of the lane together—I saw the man that was afterwards in custody—I could not say whether he was the man or not.
MICHAEL CANOVAN (City policeman, 223). I apprehended the prisoner at the bottom of Holborn-hill—his brother charged him with stealing his watch—the prisoner said that he had taken the watch, and given it to Nat Symes—he was taken, but was discharged—I am sure the prisoner said he give the watch to Symes; and when Symes and the prisoner were in the station, the prisoner told him to give the watch to his brother, and have no more bother about it.
Prisoner. I did not state what he says; I went in, bat I did not bring anything away.
GUILTY . Aged 29.— Confined Three Months.
MR. PLATT conducted the Prosecution.
JOSEPH CAUSTON . I live at No. 47, Eastcheap, and am a stationer. On 9th July, about 5 o'clock in the afternoon, I was standing in front of my own house, within the door way, looking at some soldiers passing—I saw the prisoner and another man—my attention was particularly directed to the soldiers, and the prisoner and another man pushed against me—I felt my watch chain jerk—that was done by the man who got away—at the time of the jerking of the chain the prisoner was standing close by me, in front of me—I looked round and saw the other man pass something to the prisoner—I immediately collared them both—it was done so instantaneously that I was tripped up and dragged into the gutter—it appeared to me that the prisoner and the other man came up to me together—the other man placed himself before me and jerked my chain, and I found he passed something to the prisoner—I took hold of both of them—my chain was hanging loose without my watch—I saw the other man pass the watch to the prisoner, and I thought he passed it to his pocket—they tripped me up and I got in the gutter—I got assistance, and the prisoner was taken into the shop, and as he was taken into the shop he threw my watch into the path, I heard it fall—two of my assistants were taking the prisoner into the shop—this is my watch (produced), the ring was off—a ring was found in my presence next morning in the gutter, directly lacing the door—I believe it to be the ring belonging to my watch, which is worth about 16l. 16s.
Cros-examined by MR. SLEIGH. Q. Was there a gnat crowd at that moment? A. No; to my mind I think those ware the only two persons opposite me—the soldiers were passing through the street—there were a great many persons in the street, but I was standing inside the door, and this man came and placed himself directly before me—the other man was by the side of him—there must have been other persons on the pavement—other persons did not crowd immediately round the door—I never lost fight of the man—I did not immediately call out when I felt some one jerk my chain—it was done so instantaneously—I could not tell what the people were doing when I was on the ground scuffling with these men—there were not several persons crowding round me—my assistants were there—they could not make out what was the matter, they saw me in the gutter and came to my assistance—they are not here—I think there must have been at least five of my young men behind me looking at the soldiers
—they did not see the watch thrown away—I believe I was the only person who saw it thrown down—I stopped back while my assistants were taking the man into the shop—I laid hold of two men, the prisoner and the man who took the watch from me, and passed it to this man—I saw him in the act of doing it.
HENEY KEYS . I am a servant boy at No. 80, Mark-lane. On that evening I saw a crowd on the pavement, and I saw this watch lying a little wit from the kerb, in the road—Mr. Causton asked for his watch, and I went and handed it to him.
JOHN BRETT (City policeman, 514). On 9th July, I was sent for to the prosecutor's shop, and the prisoner was given into custody for stealing the watch—I received this watch from Mr. Causton—the prisoner said that it was not him, and he did not do it—at the station house he said that he knew nothing about it—I heard him asked where he lived—he said, "I don't live anywhere."
Prisoner's Defence. I was going along Eastcheap, and saw a mob and the soldiers; I saw this gentleman rush at a man with a hat on, and he turned back and laid hold of the skirt of my coat, and tore it; I asked what for, and he said that I had stolen his watch; I said that I had not; I was given into custody. Custody.
(The prisoner was further charged with having been before convicted.)
JOHN FAUCETT . I produce a certificate of the prisoner's former conviction—(Read: "Central Criminal Court; John Thomas, Convicted, May, 1852, of stealing from, the person; Transported for seven years"—the prisoner is the man, I had him in custody.
GUILTY. Aged 23.— Four Years Penal Servitude.
THOMAS HAMMERSLEY . I am a warehouseman. I was passing along Thames-street, on Thursday, 17th July, about half past 2 o'clock in the day; I had a little canvas bag in my pocket—I took it out to pay a man for two herrings—I returned the bag into my pocket again—there was about four shillings in it—I went towards Upper Thames-street—the prisoner was standing against a wall, within about a couple of doors of No. 122, Lower Thames-street, and there were two men standing parallel with him—one was just off the kerb, and the other on the kerb—when I came up they closed together, and I could not pass through—I stood a moment, and told them I wanted to go through—the prisoner took hold of my left arm and gave me a violent pinch, and with his other hand he took my bag out of my pocket, and passed it to the other two—I did not see him pass it to them, but he passed by them to go towards the wall in Thames-street—he then passed down Dark House-lane—I called out to him, and said, "You have robbed me"—I called out, "Stop thief!"—a postman went after him—I followed, and called, "Stop thief!"—he was stopped by the people before I could reach him, and a policeman took him—I never got my bag again—there was nothing found on him—I am quite certain he is the man that took it.
Prisoner. You were asked before the Magistrate, whether I was the person that took your money, and you said, "No." Witness. No; said nothing of the kind—I said I was positive you were the man.
THOMAS M'INTOSH (City policeman, 581). I heard the cry of "Stop thief!" and saw the prisoner with a crowd round him; I went and took him—the last witness came up and charged him with robbing him of his
money—the prisoner said that he had a coat on his arm, and lost it as he wag going along through the wharf.
JAMES ROWE . On that Thursday, I was near to Lower Thames-street—I heard a cry of, "Stop thief!" and saw the prisoner, to the best of my belief, running away—I attempted to catch him—he had this coat on his arm—I caught the coat—he left it with me, and went on—he is the man who was running away from the cry of, "Stop thief!"—there were three or four after him, but none before him.
Prisoner's Defence. I deny all knowledge of this coat; it is a boy's coat; I was going towards the Steam Boat Pier, and saw a crowd; the prosecutor came up and accused me of robbing him; I said, "You are mistaken;" I walked on, and he followed, and gave me into custody.
COURT to THOMAS HAMMERSLEY. Q. What did you see him do when he had got your bag? A. I saw his band go towards the other two persons, and he took a turn and went down towards the wharf—I am quite positive he is the man—I was quite as positive when before the Lord Mayor.
JURY. Q. Did he have a coat on his arm? A. I did not observe it.
COURT to JAMES ROWE. Q. How came you to go to the police? A. The policeman knew me on the wharf, and he asked me for the coat.
GUILTY . Aged 22.— Confined Six Month.
OLD COURT.—Tuesday, August 19th, 1856.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Sir JAMES DUKE, Bart., Ald.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Second Jury.
WILLIAM TOSDEVILLE . I am a butler, living at Yorkshire, in the service of Mr. Balkner. On the evening of 8th Aug. I was in Gray's Inn-lane—I turned up an archway, about five yards, for convenience, and two men seized me—one held my arms and throat, and nearly strangled me, which prevented my calling for assistance—the other man commenced taking my watch—he broke the swivel, but left the watch in my pocket, as he could not get the chain over my head, the other man having his arms round me—when he found he could not get it, he let me go—this is the watch and the guard (produced).
HENRY VICKERMAN . I live at No. 18, Woodbridge-street, Clerkenwell. I was in Fox-court, Gray's Inn-lane, on this night, between 10 and 11 o'clock, and heard something like a dog choking—I turned round, and saw two men scuffling with the prosecutor—they knocked him down—I ran up, and they made off—I caught the prisoner by the collar, without losing sight of him—they both attempted to run into a house, but I dragged the prisoner back to the prosecutor, and he said, "I am very glad you have got him; they have almost murdered me."
Prisoner. I went to the house to inquire for my brother.
Prisoner. I was intoxicated. Witness. You were not.
GUILTY .*† Aged 30.— Confined Two Years.
738. (In the case of DANIEL JOFFERF BENHOULEIB , indicted for a libel , MR. ROBINSON, on behalf of the defendant, stated that he was very sorry for the statements he had made, and withdrew everything he had said respecting the prosecutor and his wife. MR. RIBTON, for the prosecution, accepted the apology; and, at the suggestion of the COURT, the defendant entered into his own recognizances in 100l. to plead and take his trial, if called upon. )
MR. RYLAND conducted the Prosecution.
THOMAS POPPY . I am a linen draper, of 285, High Holborn. The prisoner was in my employ six weeks—on or about 4th Aug. he said that he was unwell, and desired to leave me—I agreed, and he left, but there was no settlement—I had missed property eight or ten days before that, and mentioned the matter, not to him personally, but in his presence—he said nothing that I heard—I missed some more property, but not half of what has been found—the officer brought some part to me, two or three days after the prisoner left, and made me look round, and then I missed a large quantity—there were fire shawls, two muffs, two victorines, some lace and muslin collars, and several other articles, all of which I identify—they were safe a very short time before, and had not been sold—the value of the first parcel sold was from 30l. to 35l.; the second, 40s. to 50s.; and the third, from 40l. to 50l.
Cross-examined by MR. METCALFE. Q. Show me anything which you identify? A. These gloves are all marked with my private shop mark—they would go out with that mark if sold, but I buy the whole of my stock, and these were through my hands very recently—I know them as well as I know my left hand—I have a great many persons in my establishment who sell for me—I am continually in my business, and can say that this panel has not been sold, because we keep a counter check of all that are sold, and I am sure these have not been paid for—I also know these stockings and this velvet—this silk was on my shelf ten days before the prisoner left—the marks have been taken off some of the articles—I see the young men come in of a morning, and see them go out at night, partly for the purpose of taking care of my stock, and I keep a man expressly for the purpose—we both keep our eyes on the young men as they go, as far as we can, and I think I should see bulky things like this if taken away in my presence, but I look upon this as a case of housebreaking, or next to it, for on one occasion I found a door not open but unbolted, which the man who had to fasten it said was fastened; and it seems that by some false key, or other means, the prisoner entered my shop when we have been sleeping!—I guess that from seeing things of this bulk in his possession—I had a three and a half year's character with him, but up to 1854 only, the other was supplied by his uncle, whom I have known twenty-five years as a very respectable man—his friends, I believe, are very respectable.
SAMUEL COPPIN (policeman, B 15). I know the prisoner—on Friday, 8th Aug., I saw him at the shop of Mr. Williams, a butcher, in the Walworth-road—I was in the shop when he came in—Mr. and Mrs. Williams were present—the prisoner came in, and asked for the parcel which he had left—I said, "I suppose you do not know me?"—he looked at me, and said, "No"—I said, "Well, I am a sergeant of police, and I want you to account to me about that parcel which you have left here?—he said that he did not understand what I meant—I said, "I want you to
give an explanation where you got it"—he said that he was surprised at my interfering with him or his parcel, and made several pauses—I said, "You most tell me where you got it from; if not, I shall have to take you to the station"—he then told me that he brought it from Manchester—I asked where—he said, "From a shop in High-street, Manchester"—J said, "What number?"—he said, "144;" that he kept a shop there, and business did not go on well, so he shut the shop up, and brought the goods away—I said, "Can you refer me to any person that knows you t"—he refused to do that, and I told him, if he did not do so, I should take him into custody, and take him before a Magistrate—he said that I might do so, and I took him—I received a parcel from Mr. Williams, containing these things (produced), and I have another large box, with double the quantity, which I found at another place, since the prisoner was committed for trial, from what the prisoner told me—he referred me for his character to Mr. Dunn, of Wahrorth Common—from what transpired there, I went to Mr. Poppy, who identified the parcel—I afterwards went to Mr. Dunn's again, and asked for his boxes, and Mr. Dunn denied them, but his people afterwards gave up two boxes, containing a large quantity of clothing, the best of everything, and a small portion of the goods which Mr. Poppy claims—I went again on the following day to Mr. Dunn's, and another box was given me, containing a very large portion of Mr. Poppy's property, of which this is a list (produced).
Cross-examined. Q. Did you find a ring? A. Yes; I searched the prisoner at the station, and he was wearing a diamond ring—I found on him eight sovereigns, 5s. in silver, 4d. in copper, a glass, and several other things—I did not find a bill and receipt for the ring in the box—I do not know that the ring belonged to him before he went to Mr. Poppy's.
THOMAS WILLIAMS . I am a butcher, of No. 5, York-place, Walworth-road. The prisoner has been a customer of mine for about four or five Sunday mornings—he invariably had something in his hand when he came, generally a paper parcel—last Sunday fortnight he came with an immense bundle on his shoulder; he put it on my block, and said, "It is excessively hot"—I said, "Yes,"—he said, "I wish you would allow me to leave this parcel here till to-morrow morning, for it is so excessively hot I cannot carry it further"—I said, "I had rather you would not leave it here; our place is very greasy, and I do not know what it contains"—he said, "Pray let me leave it," and I allowed him to leave it in the back part of the shop; he then purchased 2s. worth of meat, which he did not pay for, but said, "I will come in the morning, fetch the bundle, and pay the 2s."—I saw no more of him till Tuesday, he then said that he had come for some things out of the bundle; he opened it in the shop and took two pieces of, perhaps it was silk, out; wrapped it up, and then left the shop and purchased some paper for the remainder—I said, "It is an unpleasant thing, take it away—he said, "I will take it away at night"—I afterwards communicated with Coppin, the sergeant of police; he came and I showed bin) the articles—the articles I gave him afterwards were what I received from the prisoner—I was present on the Friday, when Coppin and the prisoner were at my shop—the prisoner said, "Good morning, Sir, I have come for my parcel"—I told Coppin who he was; he got before him, and said, "You do not know me"—he said, "No"—Coppin said, "I am a sergeant of police, and before you can have that parcel I must know more about it"—I have heard the sergeant examined—the account of the conversation he has given with the prisoner is quite correct.
I know the prisoner—I remember Coppin, the constable, coming and finding some articles on my premises—I did not see those articles till the box was opened—I got that box from the prisoner—he came to lodge with me for a time, until he got the situation—he brought this box with him—that was in the middle of April—he remained on and off till he got the situation at Mr. Poppy's—I do not know on what day it was that Coppin came, for I was not at home—I saw him on the subject on a Saturday morning, I cannot say what Saturday morning—it was last Saturday were—he did not bring the prisoner with him—I was not there when he saw the box—there were two boxes—I was not there when he saw the box with the goods in it—I went first to see Coppin—he afterwards came to my house—I was not there when he saw the trunk—I was at my business in the City—I was in the house once when Coppin was there with Mr. Poppy, and another gentleman; that was last Tuesday week, when they came from the police court—the boxes and goods were taken away by the police.
Cross-examined. Q. Do you remember the prisoner wearing that ring at the time he came in April. A. I cannot swear that is the ring, but I have seen him wear a diamond ring like that, soon after he came, long before June—I have seen him wear it at different times.
COURT. Q. You say he lodged with you in April, and remained till he got the situation at Mr. Poppy's? A. He did not sleep at our house, his things were there—he came to us again after leaving his situation, the Sunday morning before he was taken—he was not lodging with me at the time he was taken, he had been away two days—he left on the Wednesday, and left his things—I have not the slightest conception where he was—he used to come to me on the Sunday, while he was in his situation.
SAMUEL COPPIN re-examined. I applied twice to Mr. Dunn before he would give up the two boxes, and the third box he denied having—I said, "I must see the Magistrate on the subject," and next morning Mr. Dunn came to my house and apologized for his conduct, and said he had been drinking, and hoped I would not see the Magistrate.
GUILTY . Aged 20.— Confined Twelve Months.
PLEADED GUILTY. Aged 20.— Recommended to mercy by the prosecutor, it being his first offence.—Judgment Respited.
741. CORNELIUS URELL , feloniously forging and uttering an endorsement to a bill of exchange for 510l., with intent to defraud; also ofr stealing 6 bills of exchange, the property of John Marrian, and another, his masters: to both which he
PLEADED GUILTY . Aged 20.—Strongly recommended to mercy by the prosecutors.— Confined Twelve Months.
MR. RYLAND conducted the Prosecution.
WILLIAM TILBURY . I am a former, residing at Hayes, in Middlesex. I know the prisoner—I kept some fowls in my yard—on Sunday, 10th Aug. I locked them up all safe; next morning, about half past 5 o'clock, I found the shed broken open, and missed two hens and two pullets—Moore the policeman has since shown them to me—they were then dead—I am sure they were the fowls I lost, they were not plucked—I saw the prisoner up to as late as 10 o'clock at night on the Sunday, in front of my door; I am a
retailer of beer as well as a farmer, and I served him with a pot of ale just before retiring to rest, and left him outside my door.
Cross-examined by MR. PAYNE. Q. Does he live near you? A. Yes; be works in a brick field close adjoining—he was at work there the next day; I have known him from a child—I never knew him to he brought before a court of justice before—I knew the fowls by marks on them, and the appearance of their feathers—the police have the legs here—there is no particular mark on them.
WILLIAM PRIOR . I am a labouring man, and lodge at the house of Benjamin Brown, at Hayes. I know the prisoner—he was at that house last Sunday week, about 11 o'clock—I was cleaning some fish—he went out—I went out soon afterwards, and went to the closet, and when I came back again he was in doors—he had not been gone above ten minutes at the outaide—he said he had four of em in the cupboard—I did not know what he meant by that—I went straight up stairs to bed, and he followed me up stain, and went to bed—in the morning when I woke up he was gone—I had not the curiosity to look in the cupboard—I never went near it.
Cross-examined. Q. How came he to be with you that night, he did not live with you? A. No, he lived down the lane with his brother—we were having a pot of ale outside Mr. Tilbury's door—I knew nothing about this—Mrs. Brown, my landlady, first spoke to me about it after I came in to breakfast.
CAROLINE BROWN . I am the wife of Benjamin Brown, a labouring man, at Hayes, On Saturday morning week I found a chicken in my cupboard, I inquired of my lodgers about it, and in consequence of what Prior said, I sent for the prisoner, and asked him how he came to bring such a thing into my house, he said, "I did not, mistress"—after he was gone I looked in the cupboard again, and found three more chickens—he was then given into custody.
Cross-examined. Q. What time was it that you sent for the prisoner? A. About 1 o'clock or a little after—it was about 6 o'clock when I sent for the policeman—he was working in the brick field just by all that day.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
WILLIAM PARSONS . I am foreman to Thomas Crook, a pavior, of Towerhill. On Wednesday morning, 23rd July, I missed eight paving stones, from the top of Bull's Head-court, Staining-lane—I had seen them safe on Tuesday evening, the 22nd—from information I received I gave the prisoner into custody, on 23rd July—I had seen him in Staining-lane on the Tuesday, between 3 o'clock and half past 5, about a stone's throw from where the paving stones were—he was not employed by me.
Cross-examined by MR. METCALFE. Q. Is there a man in your master's employment called Smuggler Bill? A. Yes, that is his nickname—he is still in the employment—he is not here—the prisoner said before the Magistrate that if Smuggler was there he could clear him, but if I had brought him he would have wanted all the men—Mr. Crook was employed under the Commissioners to put down fresh paving stones in Staining-lane—the prisoner is a pavior—he has never worked for me or for Mr. Crook, to my knowledge—I never had any quarrel with him.
COURT. Q. Did you hear him say that Smuggler could clear him? A. Yes, and he had previously said the same with respect to Boston, another witness, whom I have here, and I thought if he went on in that way he would have all the men—he said that as to Boston on the first occasion, and when he was brought up he never said anything about him, but said if Smuggler was there he could clear him, and that he was being kept back.
ISAAC ARMS . I live in Haverstock-street, City-road, and am carman to Mr. Blomfield. I was with my cart near Bull's Head-passage, on 22nd July, between 5 and 6 o'clock in the evening—I was waiting there, sitting on the tail of my cart, and saw a truck there, and three men with it—the prisoner is one of them—they were moving the stones away faun the church wall to the corner of the passage, in front of my horse's head—the prisoner was one of those helping to move the stones.
Cross-examined. Q. Do you know the person called Smuggler? A. Na.
HENRY PRICE . I am a shoemaker, residing at No. 219, Whitecross-street; I work at No. 6, Staining-lane, at the corner of Bull's Head-passage. On Tuesday evening, 22nd July, about a quarter to 6 o'clock, I saw a truck standing in Oat-lane, at the end of Bull's Head-passage—I saw no stones in it—I did not see the prisoner then—I saw him between 3 and 5 o'clock, standing in Oat-lane.
Cross-examined. Q. How far were you from the truck? A. About two yards and a half—I was working at the window of a corner shop.
THOMAS HARBISON (City policeman, 169). On Tuesday afternoon, 22nd July, I was on duty in Staining-lane, and saw the prisoner there—he was with the workmen about half past 5 o'clock, about the time they were putting their tools away and leaving.
Cross-examined. Q. Was he talking to the workmen? A. Yes—I did not see him go with any of them to a beer shop.
COURT. Q. Do you know who the workmen were that were with him? A. I should know them if I were to see them—Smuggler was one, I saw the prisoner with him, and Boston was there too.
WILLIAM JOHN BOSTON . I live at No. 12, Brazier's-buildings, Farringdon-street, and am employed by Mr. Crook. On 22nd July I was at work for him in Staining-lane—I left about half past 5 o'clock—I saw the prisoner that afternoon three or four times, merely walking up and down the street, and loitering about Staining-lane—I left the prisoner at the corner of Staining-lane and Gresham-street, about 20 minutes to 6 o'clock—he was then by himself—I did not see him afterwards.
Cross-examined. Q. Was he talking to you? A. He was preview to that—he did not talk to Smuggler, that I am aware of—Smuggler was at work there the whole of the day—he left off work at half past 5 o'clock, and put his tools in the carpenter's shop—at the time the prisoner was talking to me, Smuggler was in Staining-lane, about twenty yards from as—I went to a public house with the prisoner and Campbell and Mason—I have worked with the prisoner—I always understood that he was a respectable man—Smuggler is at work for Mr. Crook to-day.
COURT. Q. Do you know what became of Smuggler that night? A. I believe he went home—I and the prisoner went and had a portion of beer at a public house—I remained with him till about 6 or 7 o'clock, and left him in Gresham-street.—(The COURT directed the man called Smuggle to be sent for.)
Strand. On Tuesday, 22nd July, about 6 o'clock in the evening, I was at work in Oat-lane, and saw some men looking at the paving stones against the wall at the corner of Bull's Head-court—there was a truck standing in Oat-lane—I noticed it there for about a quarter of an hour, and some man with it—the prisoner called on me about 25 minutes to 6 o'clock, and asked for a job—I saw him again, about 6 o'clock, at the corner of Bull's Head-court—there were two men called on me, and one of the two, I cannot say which, went and looked at these stones, and I saw him take one of them and pull it forward and look at the back of it—I had never seen that man before—I do not know the man they call Smuggler.
Cross-examined. Q. Was the third man dressed in working clothes? A. I only noticed two—the prisoner came to me, and asked me if the basement of the building where I was working was to be paved—I told him no—that was about twenty minutes before the stones were moved.
(The prisoner's statement before the Magistrate was read, at follows: "There is a man who is working for their firm whom they call Smuggler; this man was on that job at the time the stones were taken away, and he even lent a hand to put them into the truck; he is the man that can dear me, but this man Parsons will not bring him up.")
PATRICK THORNTON (called "Smuggler"). On the Tuesday I was at work in Oat-lane, there were some paving stones there, standing against the wall—I saw three men standing there that evening when I went to put up my tools to leave; the prisoner was one of them—I went away, and left them there—I saw nothing more of the prisoner after that—I left the stoned there.
COUKT. Q. Who were the other two? A. His brother and another man.
Cross-examined. Q. You know them well? A. know his brother—I do not know who the third man was—this was about half past 5 o'clock—I did not see any of the stones taken away—I do not know where they went to—I did not see Boston there at that time—he was at work there that day—I did not leave Boston there when I went away—I do not know where he went to—when Boston went away, the prisoner was up at the top where the stones were—I did not see Campbell, he went home—the prisoner and the other two remained there after Boston left—I had never seen the third man before—the prisoner was dressed as he is now, in a flannel jacket, and so was his brother—the third man bad a blue coat, like a shooting coat—I did not go before the Magistrate—Parsons told me that the prisoner had said I was the person that had put the stones into the tack; I did not do so—I have been sent for here to-day—I saw a truck there—I did not notice whether there was any name on it—I was not there three minutes altogether; I only put up my tools, and went away—the tack was standing close to the stones—I was not ten yards from the paring stones; I had not to pass them to go home—Parsons was not there when I went away—I was talking to the prisoner before I went away, for two or three minutes; that was close to the paving stones—I did not see Boston at that time—I have known the prisoner seven or eight years—he has worked with me.
(Prisoner received a good character.)
NOT GUILTY .
744. JOHN PAVELEY and JAMES ROBERTSON , stealing a box1,872 yards of ribbon, 3 mantles, 9 bags, a gross of buttons, and 12 neckties; the goods of the Great Northern Railway Company.—2nd COUNY, for receiving the same: to which
PAVELEY PLEADED GUILTY , And 25.
MR. GIFFARD conducted the Prosecution.
ALFRED CARTER (City policeman, 491). On Monday evening, 4th Aug, in consequence of some information I received, I went into Cannon-street with Hill, in plain clothes—near St. Paul's-churchyard I saw the prisoner Robertson, to the best of my belief, in company with four other men—after a short time, Robertson left the others and crossed over Cannon-street, and went down Bread-street—the others followed a short distance after him—I traced them all five through Great St. Thomas the Apostle to the Hatchet public house, in Little Trinity-lane—the other four were in the house before I got there, and Robertson rejoined them there; I saw him come in afterwards—I took Paveley and a man named Underwood into custody, Paveley was one of the four men—Hill took Robertson—we took them to the station—I then went to No. 4, Crane-court, Lambeth-hill, where Hill found some things—under the bed I found a deal box, in the presence of Robertson's wife—I have it here, it is addressed to "T. Dakers, Bishop's Auckland"
Cross-examined by MR. RIBTON. Q. I believe you are not quite certain that it was Robertson that you saw with the other men? A. To the best of my belief, it was him; but, as I have said before, there is a possibility of my being mistaken, and I would not swear positively that he was the man—there were four men in the public house—when Robertson came in, I had lost sight of the fifth man—this was between a quarter to 10 and 10 o'clock—the Hatchet is a house where working men go to of an evening for refreshment.
EDWIN HILL (City policeman, 415). I went with Carter—I took Robertson into custody—I found these two mantles under his arm—we afterwards went to No. 4, Crane-court, and on the bed, in a room at the top of the house, I found three pieces of ribbon, two merino shirts, two cards of tassels, and a paper cap—I afterwards went on 7th Aug., in company with Carter, to that same house—I showed the bed to Mrs. Hatley.
Cross-examined. Q. Did not Robertson give you his address? A. He gave the address where he resided after we came back with the box from No. 4, Crane-court—he gave his address, "No. 24, Shoemakerrow"—he did not say he lived at No. 4, Crane-court—his wife's mother lives there—Shoemaker-row is his correct address—I found nothing there.
ELLEN HATLEY . I am the mother of Robertson's wife. On 4th Aus. I was in the hospital; I had been there since June—I remember Hill, the officer, coming to my house—I pointed out to him the bed where Paveley slept—the first floor front room was my room—I left my daughter, Mrs. Robertson, in care of the house while I was in the hospital.
Cross-examined. Q. How many lodgers had you? A. Two, Paveley and another young man—they slept in the same bed, in the attic—I have two sons, they slept in the same room as Paveley—I was four weeks in the hospital.
HENRY HAMSHAR . I am clerk to Messrs. Leaf and Sons. On 4th Aug. I received this order from Mr. Dakers—I looked out the goods named in it, and placed them with the order on the counter, in the order room—Allen would take those goods down to be entered—when they are entered, they are called out to me from the book; I check them, to see that they are right; I then put them into a wicker basket called a bits, and Fleet took it to the packing room—Lane would pack them—I know these bags and
these ribbons to be some of those goods, and the mantles exactly resemble those I sent.
Cross-examined. Q. I suppose there is scarcely a shop in London where you would not find the same things? A. Other shops may have them—these ribbons have our mark on them.
JAMES FLEET . I am employed at Messrs. Leafs. I saw Mr. Hamshar place the order and the goods on the counter in the order room—I called over the goods to Allen, the entering clerk—he entered them in the journal—they were then put into the bus, and I took them into the packing room—I left them there with this red ticket, as a direction to the porter how to address them.
EDWARD LANGSHEAR . I am a carman in the employ of Messrs. Leaf. On 4th Aug. I took this box to the Bull and Mouth, and delivered it to Offer, the porter—he ticked off the entry in my delivery book—I left the warehouse about 25 minutes to 7 o'clock, and had to call at St Paul's-churchyard in my way, which would occupy about ten minutes—Paveley was formerly in Mr. Leaf's employment, about six years and a half ago.
JOSEPH OFFER . I am a porter in the service of the Great Northern Railway Company, at the Bull and Mouth. I was on duty there, at the luggage yard, on Monday evening, 4th Aug., about 7 o'clock, and received from Langshear a box directed to Mr.-Dakers, Bishop's Auckland—I ticked of the entry in his delivery book, and placed the box, with other packages, on the platform—I then went away for about five minutes to load a van—I did not miss the box, there being so many packages there.
ALFRED CARTER re-examined. When Robertson came into the public home he had the parcel under his arm—that was taken from him by Hill—I cannot say whether the person that I saw walking before the other four had a parcel or not.
MR. RIBTON called
JOHN PAVELEY (the prisoner). I have pleaded guilty to the charge of stealing this box—I lodged at the house of Robertson's mother—after I had taken the box that evening, I went to the house of Mrs. Hatley—I got thereabout 7 o'clock—Robertson was in the passage when I went in—no conversation took place between us, but I gave him a parcel, with two mantles in it, and asked him to dispose of them—I did not tell him where I got them, or why I wanted to dispose of them—he took them—I believe I told him I knew a female who made them, and that she was a mantle maker—I did not use the word "sweetheart"—I said that I knew a young woman who was a mantle maker, and then I gave them to him—I got to the Hatchet public house between 8 and 9 o'clock—I have heard what the policeman said about me and four other men meeting—Robertson was net one of those men, he came into the Hatchet after we were there; he had then the parcel with him—I was then apprehended by the officers immediately—Robertson knew nothing about the robbery of these articles from the railway.
Cross-examined by MR. GIFPARD. Q. Who were the four men? A. A man named Canty, Muggeridge, Underwood, and myself—the fifth was Curtis, I believe—I did not think of him until you reminded me that that
only made four—there were five with myself—I brought the box to my lodging as it was—I put it under Robertson's bed soon after I brought if home, about 7 o'clock—I have told you all that passed between me and Robertson when I gave him the mantles—the box was opened in my bed-room—I met Robertson in the passage as I was coming out, I expect he was in the room below when I came in, but do not know whether be wag or not—I had the parcel packed up in my hand, and was going out to the Hatchet public house—my giving the parcel to Robertson was through the accident of meeting him—when I was taken I had another of these mantles upon me—I did not go out at the same time that Robertson did—I went out, and left him in the passage, and did not go back to the house again till I was taken into custody—I put the box under Robertson's bed before I went out; I went into his bedroom—my bedroom is on the second floor—I brought the box down, and put it under his bed; no one was in the room at the time, but it is a long time ago—I never did such a thing before—I was dismissed from Messrs. Leaf's in consequence of the absence of a parcel—I did not steal it—I was watched outside Leafs, in the Old 'Change, to the Bull and Mouth—I watched the porter till his back was turned, and then stole the box, and carried it straight to Crane-court—it was about 7 o'clock when I first saw Robertson—I took all the things out of the box, and put part of them in again—it had part of the goods in it when it was put under Robertson's bed—it took me about five or ten minutes to unpack it.
MR. RIBTON. Q. You could not tell at the time you arrived at the house whether Robertson was there? A. No; for anything I know, he may have come in while I was up stairs—Mr. Kelly and two of Mrs. Hatley's son sleep in the same room with me; I cannot say whether they slept then that evening, for I was in custody; they did the evening before, and for several nights before—Canty was one of the five men; Muggeridge was another; Underwood was in custody, and the other man was Curtis; that is correct—I do not carry a watch; I am telling you the time merely from guess—my only desire is to tell the truth, for the purpose of saving this man.
COURT. Q. You say that you met Robertson as you were going out; was he coming in, or going out? A. He was standing at the door—I cannot say whether he was in his room or not when I came in; he may have been—I am not aware that I have said, "I expect Robertson was in his room when I came in"—I went to the Hatchet twice—I went alone the first time; then I met Muggeridge, and several of them, close by the Hatchet, and I went back with them, and met Canty and Curtis at the Hatchet—we went into Cannon-street, close by St. Paul's, and then went to the Hatchet—we all five went in together—I believe we were all five there at the tune the policeman came; Muggeridge was there, and Canty, because he was taken into custody with us, and Underwood—I do not know whether Curtis was there when I was taken—he might have gone outside—then were lots of people there.
ROBERTSON— GUILTY on the 2nd Count.— Confined Nine Months.
PAVELEY— Confined Twelve Months.
PLEADED GUILTY . Aged 22.— Confined Nine Months.
JAMES PARBOTT . I am a carpenter, of No. 35, Red Lion-street, Spitalfields. On the last day in July I was walking along Beech-street, and felt A twitch at my pocket, and missed my handkerchief—I turned round and saw the prisoner and another boy; the prisoner was trying to conceal something—I stopped, and allowed them to pass—they went to a comer, and separated—I caught hold of the prisoner, and asked him if he had not got my handkerchief—I opened his coat, and there it was—I asked him who it belonged to, and he would not tell me—I held him till a policeman came.
GUILTY . Aged 14 Confined Three Months.
PLEADED GUILTY . Aged 20.— Confined Twelve Month.
RYAN PLEADED GUILTY .* Aged 18.
GEAREY PLEADED GUILTY .* Aged 18.
Confined Eighteen Months each.
PLEADED GUILTY . Aged 16.— Confined Four Months.
PLEADED GUILTY . Aged 47.— Confined Four Months.
PLEADED GUILTY . Aged 35.— Confined Eighteen Months.
NEW COURT.—Tuesday, August 19th, 1856.
PRESENT—Sir JAMES DUKE, Bart., Ald.; Mr. Ald. CHALLIS Sir HENRY MUGOERIDGE, Bart., Ald.; and MICHAEL PRENDERGAST, Esq.
Before Michael Prendergast, Esq., and the Sixth Jury.
PLEADED GUILTY . Aged 43.— Confined Three Months.
PLEADED GUILTY . Aged 23.— Confined Six Months.
COSTELLO PLEADED GUILTY .* Aged 32.
BROWN PLEADED GUILTY .* Aged 30.
Confined One Year.
MR. SLEIGH conducted the Prosecution.
WILLIAM EDWABD . I am a grocer, of No. 4, Cable-street, Whitechapel On Monday, 14th July, Radford came to my shop in the evening, between 5 and 6 o'clock—he said a friend of his had some coffee samples, which were his perquisites, and would I purchase them—I said I would, and an a fair price for them, provided they were come by honestly—he assured me they were—I did not enter into any arrangement with him as regards the price that I should pay—I did not see him again that evening—next day Ryder came, about 9 o'clock in the evening; he brought a bag of coffee, and left it with me—I never weighed it—I gave Ryder 21.—I have been in business where I am now about four months—I believe this is the bag—it was the bag that Foay took away—a few minutes afterwards Foay brought back Ryder, and I identified him as the man to whom I had paid 2l.
Ryder. You stated that you promised to give me 3l. afterwards. Witness. Yes, that was the agreement.
Ryder. There was never a word said about 3l., as I stand here before my Maker; you got me to sign something. Witness. Yes, you did, which I gave to the officer.
COURT to WILLIAM EDWARDS. Q. Can you tell us what was on the paper? A. It was a receipt for 5l., I gave him 2l., and I promised him 3l. on the Saturday morning—I had not weighed the coffee, I did not know the weight of it.
Ryder. You stated before the Magistrate that I was not the person you promised the 3l. to. Witness. No, nothing of the kind.
Cross-examined by MR. PAYNE. Q. All you saw of Radford was on the day before, you did not see him afterwards? A. No.
CORNELIUS FOAY re-examined. About 9 o'clock in the evening of Tuesday, 15th July, I was in Hooper-square, Whitechapel—I saw Ryder carrying a heavy bag on his head—I followed him through Leman-street and into Cable-street—I saw him go into a grocer's shop kept by Mr. Edwards—he remained in seven or eight minutes—I saw some coffee taken out of the bag and put on the counter, and I saw some writing take place between Mr. Edwards and Ryder—I saw Mr. Edwards pay him sow money—after Ryder came out, I followed him a short distance—I then stopped him, and said, "What was that bag that you took into that grocer's?"—he said, "I have not been into any grocer's"—I said, "You have, and you must come back with me"—he came back, and wanted to go into another grocer's shop—I said, "No, I don't mean Mr. Appleton's, I mean Mr. Edwards'"—I took him into Mr. Edwards', and I said, "This man has brought a bag of coffee here"—Mr. Edwards said, "Yes, and here it is"—I took Ryder to the station, and found on him 21.—he gave the name of Willing, and said he had no home, no abode—he said a man had employed him to carry the bag of coffee in Mincing-lane—some days elapsed before I ascertained the real name of Ryder—on Friday, the 18th, I went with Mr. Edwards to St. Katharine's Docks—Radford was brought down from one of the warehouses into the dock—I had a private communicate with Mr. Edwards—I then went and took Radford—I said he was charge, with another man in custody, with stealing a bag of coffee from the Dock
Company—he said he knew nothing about it—Mr. Edwards wan concealed—I said to Radford, "You know Mr. Edwards, the grocer"—he said, "I do not"—Mr. Edwards then came forward, and Radford said, "Oh yes, I know him"—I took Radford into custody—I had a communication with a person of the name of Arthur.
Ryder. Q. Did you see any one carrying a bag previous to me? A. I saw a man carrying a bag, but I cannot say who it was—you gave your right name on the following day—I did not ask you for 5l.—I did not say that you had signed a receipt for 5l.—I said that you had signed something—you gave me the 2l. when I asked you.
COURT. Q. Did you know him to be in the docks? A. No—I never knew how he got his living—he used to live not far from me in Bethoalgreen—this is my signature to this deposition.
Q. You say here, "I knew him as a dock labourer for four years"? A. I do not know what he was, I never made it my business to inquire.
MR. SLEIGH. Q. What did Ryder say when he brought the coffee? did he say it was what Radford had spoken to you about? A. No, no allusion was made by him or by me to Radford—I concluded it was from him.
HENRY ARTHUR . I have been a labourer in St. Katharine's Docks since the latter end of March—I am an occasional labourer—Ryder was a foreman there, and he was my master—Radford was a sampler—they were both in the warehouse "A"—on 15th July I was employed in the ware-house, serving up the bags of coffee which had been discharged from the ship America, and about 3 o'clock that afternoon I was called by Ryder—I followed him, and both he and Radford were at the sampling table—they had sampling bags and paper parcels, and they had a truck which was partly filled with samples—I helped Radford to draw the truck to the hydraulic machine on the second floor—it was let down by the machine, and I and Radford were sitting on the machine—when we got down to the quay I found Ryder there, and he gave Radford a pass ticket—I and Radford then took the truck out of the dock, and went through the streets with it, till we got to the Baker and Basket public house, in Lemau-street—when there, Radford opened the end of the truck, and took out some parcels—he put the small parcels on the trick, and left one large bag at the public house—I saw the bag which he left—it was like this bag (produced)—I could not swear to the bag—I stopped outside while Radford went into the house with it—when he came out I went in, and drank half a pint of porter, which I paid for—I afterwards went to some house in Mincing-lane, and the other samples were left at the broker's—Radford took them in himself—that emptied the truck entirely—after we had had something to drink in a public house we parted—I went back to the docks—on the next Friday morning, the 18th, soon after the 8 o'clock bell had rung, Radford came to me—he appeared rather pale, and told me that Mr. Ryder was in trouble, and he hoped I would not speak about stopping in the public house—I told him I did not know what to say to him, whether I would tell a story or not—I said I should not like to tell an untruth.
Ryder. Q. Bid you see me put any samples in the truck? A. I saw you there—I do not know whether you put any in or not—I was not watching you.
COURT. Q. But you inferred he was loading it? A. Yes—he was there.
On Tuesday, 15th July, I saw Radford, about 3 o'clock in the afternoon—he came in, and brought a bag with him like this bag—he left it in the parlour, and shortly afterwards went away—I saw him again in the house, about 9 o'clock the same evening—I do not know who removed the bag.
DANIEL SHADWELL . I am foreman in the "A" warehouse, at St. Katharine's Dock—I have been there twenty or thirty years—the ship America had lately arrived in the dock—I sorted part of the cargo—this bag (produced) is similar to the bags we use, and I believe it is the property of the Company—this coffee (produced) I believe to be part of the coffee taken out of the ship America—it is the same size and grain—I cannot say whether there has been any loss—the coffee is first stowed in balk, and then the damaged is separated, and it is put into the original package—this is not one of the original packages—I believe it is one of our bags—we purchase them ready made in large quantities—to the best of my belief the bag and coffee are ours—I should not like to swear to it—this coffee corresponds with one of the samples—it would not correspond with all the sorts—the two prisoners were employed there—Ryder was a foreman, and Radford was a labourer—persons are obliged to have a pass ticket when they take anything out.
Ryder. Q. Have you found any deficiency? A. No.
COURT. Q. If this quantity had been gone, could you have missed it? A. I think not—they are not weighed previous to sampling.
Cross-examined. Q. Where did the ship come from? A. From Sandy River, in the 10th degree, north latitude—we buy the bags of differed parties—the same persons make bags for other Dock Companies.
COURT to SAMUEL FAVER. Q. You saw the bag brought into the public house, and saw it in your master's parlour? A. Yes—I saw Radford come there about 9 o'clock—I do not know whether the bag was there then—I do not think I saw it after 7 o'clock—I do not know of any one taking it away—I did not see it after Radford left.
Cross-examined. Q. You do not know who took it, nor when it went? A. No—I went out—I left my mistress and the servant at home.
Ryder's Defence. On Tuesday, 15tb July, I was engaged till 7 o'clock; I came out, and went across the road to get some refreshment; a party came into the room, and said he wanted me to go to the Baker and Basket, and take a bag of coffee to Mr. Edwards's; I went to Mr. Edwards's, and he was not at home; I came back to the Baker and Basket, and Radford was there; I asked him if he knew anything about it; he said yes, Mr. Edwards had agreed to take it, and give a lair price for it; I was again, and Mr. Edwards was there; I asked him 3l. for it; he offered me 2l.; I said I would go and see the party, and come back; I went, and he said I had better take the bag down, and he would call on Mr. Edwards again; I took it, and he gave me 2l.; I was on my way back to the Baker and Basket with the money when the officer took me; a person had beet sent with me to take the bag; he was rather weak, like myself wd been carried it a short distance; I took it from him, and carried it on.
(The prisoners received good characters.)
RYDER— GUILTY . Aged 43.
RADFORD— GUILTY . Aged 38.
Confined Six Months.
PLEADED GUILTY .* Aged 17.— Confined Four Months.
OLD COURT.—Wednesday, August 20th, 1856.
PRESENT—The Right Hon. the LOAD MAYOR; Mr. BARON MARTIN; Sir JAMES DUKE, Bart., Ald.; and Mr. Ald. CHALIS.
Before Mr. Baron Martin and the Third Jury.
757. CHARLES ARNOLD was indicted , for that he, having been adjudged a bankrupt, feloniously did fail and omit to surrender himself on the day limited for his surrender. Other COUNTS, varying the manner of stating the charge.
MR. POLAND conducted the Prosecution.
HENRY BLUNDELL . I am clerk to Mr. Stubbs, the messenger of the Court of Bankruptcy. I produce the proceedings in the bankruptcy of Charles Arnold—(The petition of David George Acocks and Jonathan David Copeman was here read, dated 5th Oct., 1855, praying for an adjudication of bankruptcy against Charles Arnold. The adjudication was by Mr. Commissioner Evans, dated 6th Oct., 1855, and the notice to the bankrupt informed him that he had been adjudged a bankrupt, and required him to appear before the Commissioners on 24th Oct., at half post 2 o'clock, and on 27th Nov., at 1 o'clock, to finish his examination)—on 27th Nov. I was at the Court of Bankruptcy until 3 o'clock, the prisoner did not surrender—I proclaimed him at the top of the staircase in the usual manner—a memorandum of his non-surrender was signed by the Commissioner, and filed on the proceedings (read)—no one appeared for him, or proved any impediment to his sppearing.
THOMAS EDWARD STUBBS . I am a messenger of the Court of Bankruptcy. I served a duplicate of the adjudication of bankruptcy against Arnold, on 6th Oct., the same day it was made—I left it at his counting house, at No. 15, St. Dunstan's-hill, Thames-street—I do not remember that his name was up, I did not look—I know it was his counting house by the number—I left the duplicate there—I did not make it myself—I examined it with the original before I served it.
Cross-examined by MR. RTBTON. Q. What sort of a house was this where you served it? A. A large house—the prisoner's counting house was on the ground floor, on the right as you went in—there were no offices upstairs; there were two offices belonging to the prisoner and his partners—I saw some clerks there—I went there again next morning, and they gave me his books, and the official assignee has them.
(Mr. RIBTON submitted that the contents of the duplicate adjudication could not be received without proof of the service of due notice upon the prisoner to produce it; this question had incidentally arisen in the case of Reg. V. Gordon, but had not been decided. Mr. BARON MARTIN was of opinion, that it was not necessary to prove a notice to produce a notice; but upon Mr. POLAND stating that he was prepared to prove it, he thought it best that it should be done. SIDNEY CHILDLEY, clerk to the solicitor for the prosecution, proved the service.)
THOMAS TILBURY . I am assistant to Mr. Stubbs. On 23rd Get, 1855, I served a notice to surrender on the bankrupt; it is what is termed a bankrupt's summons, made out in duplicate—I compared it with the original, with Mr. Blundell—the copy I served was signed by the Commissioner—I served it at No. 15, St. Dunstan's-hill, on the prisoner's premises—they were
then closed—I put the notice under the door, after knocking several times—(This was a summons to appear on the days before mentioned.)
Cross-examined. Q. You saw no one at No. 15, St. Dunstan's-hill! A. No—I knew it was the bankrupt's place of business, because I went next door to inquire, at a bottle merchant's; they directed me there and I saw a gentleman belonging to one of the offices upstairs, and asked him there were offices upstairs.
MR. POLAND. Q. Under what door did you put the summons? A. The door of the ground floor room, on the right hand side of the entrance.
DAVID GEORGE ACOCKS . I carry on business in partnership with Mr. Copeman, at No. 7, Old Fish-street, in the City of London. I know the prisoner—in May and June he carried on business as a cheesemonger, at Na 20, Commercial-road East—while there, I supplied him with goods to the amount of some hundreds altogether—he paid for part—in July he left Commercial-road East, and went to No. 15, St. Dunstan's-hill—at that time he owed our firm 57l. 16s.—I saw him at our counting house about the middle of Sept, and applied to him for payment of this sum—he said he had not got the money, but he would pay me when he could—on 2nd Oct., I went to No. 15, St. Duustan's-hill, at 2 o'clock—I went to the door—I did not go into the counting house then—I saw a clerk, and inquired for the prisoner, and he said he was gone to dinner, and would be back in an hour or so—I told the clerk what I called for, and made an appointment for 4 o'clock—I was there at 4 o'clock—I did not see the same clerk then, I saw Mr. Dodge, the prisoner's partner, I believe, in the wine trade—I did not see the prisoner—I made an appointment for 4 o'clock the next day—I called at that time, but did not see the prisoner—Mr. Dodge told me that he bad not been there for a week—I did not call again—on 5th Oct, I presented a petition to the Bankruptcy Court—this sum is still due.
Cross-examined. Q. Have you got your books here? A. Yes—I took the account to the prisoner—I did not see him, I left it—I did not see his after leaving the account until he was in custody—I do not know when as account had been sent in—before Oct., (looking at a paper)—that was sent in by one of my clerks, that is down to the end of June—there is an item here of July 6th, "Goods, 18l. 2s.—on the credit side there is, "July 6th, 20—I do not know myself whether these goods on July 6th were delivered or not, I have no doubt they were—I have no doubt my warehouseman can tell—this is a copy of the account sent in in Oct., it was copied from the book—I did not copy it myself (looking at another paper)—this is a portion of as account from our firm—the amount of four parcels of goods is 46l. 12s. 9d.—it is dated 21st May—this other account was delivered subsequently to that.
MR. POLAND. Q. Is there an account up to the end of June? A. Yes; there was 18l. worth of goods delivered afterwards in July, which made to amount 57l. 16s.—no doubt I mentioned the sum to him when I saw his at my counting house in Sept.—he knew what he owed us very well—I do not know that I mentioned any particular amount, I wanted the payment of my account—(The Gazette was here put in and read.)
SAMUEL HARDCASTLE . I am warehouseman to Messrs. Acocksand Copeman. I knew the prisoner, at No. 20, Commercial-road East—I have been there—it was a cheesemonger's shop—I have seen persons served there—in Sept. I went to No. 15, St. Dunstan's-hill—I saw the prisoner there, and made application for the amount then due, 57l. 16s.—he said he could not
pay then, he would pay as soon as he could—I afterwards called there several times—I think I saw the prisoner once afterwards—I applied to him then for the account—he gave me the same answer, that he could not pay me then, bat he would as noon as he could—I called frequently after that, dav after day as I passed that way, but did not see him again until he was in custody.
Cross-examined. Q. When did you call at Commercial-road East? A. On or about 6th Sept.—I made no memorandum of it—I know it was then, because the money was then due—I may have made application before—I will not swear to the exact time—I am sure it was in Sept.—I took an account with me—very likely an account had been sent to him before—I cannot say, I do not keep the books, and do not send the accounts—I took an account with me, and showed it to him—I did not give it to him—I left it at this counting house—I made application for monies then due—I will not swear that I had an account with me, but he had an account rendered—I called there on or about 6th Sept, it was after the money was due at all events—I am sure I called in Aug.—I will not swear that I called in Sept—I will swear I made application to him for the money after 6th Sept., either there or at St. Dunstan Vhill—I will swear I called at Commercialrod East in Aug.—I did not see the prisoner, I saw his shopman—I will not be positive when I first called at St Dunstan Will—I did not see the prisoner on the first occasion—I took an account with me then, and I left it there with Mr. Dodge—it was after that that I saw the prisoner there, some time about the middle of Sept—I swear that I mentioned the amount to him; it was 57l. 16s.—I cannot swear that I mentioned before the Magistrate, that I named the amount—(The witness's deposition being ready did not state that he mentioned the amount)—I swear that I did mention the amount to him—I do not know why I should have done so, I did not suppose there was any dispute about it—I do not know that I delivered this account (the June one)—I have no recollection of it—the 30th June is the last date here of goods sent, it is made out on 2nd Aug.
MR. POLAND. Q. Were you asked before the Magistrate whether you mentioned the sum due? A. No—I am able to say that I did pention it, and he said he could not pay then—our term of credit is two months.
HENRY HUNT (policeman, M 34). On 13th June last, I went to a beer shop on Walworth-common—I saw the prisoner there, and asked him if his name was Charles Arnold—he said no, his name was Ed wards—I told him I wanted him to go to the station on, a charge of felony—I took him there—he then gave the name of Charles Arnold.
(MR. RIBTON submitted that there was no proof of the petitioning creditor's bedt; or of the trading. MR. BARON MARTIN was of opinion that in this case no such proof was necessary; the offence charged was the not surrendering, and it was no part of the present inquiry to ascertain whether or not the prisoner had been properly adjudged a bankrupt; and this view was supported by the Queen v. Hilton. MR. RIBTON referred to Reg. v. Hitt, and Reg. v. Gordon, as showing that such proof was necessary; and further contended that the Jury must be satisfied that, in omitting to surrender, there was an intent to defraud. MR. BARON MARTIN considered Mat, in fact, there was ample evidence for the Jury upon these points, and he would submit it to them though tie was strongly of opinion that no such proof was required.)
GUILTY Aged 23 (The Jury found that there was a debt of upwards of 50l. to Messrs. Acocks, and also tltat there was an intent to defraud.)
Confined Three Months.
LAHO PLEADED GUILTY to uttering. Aged 39.— Confined three Months
MR. WOOLLETT offered no evidence against CAREY.
759. JOACHIM SEVILLA , feloniously, and without lawful excuse having in his custody and possession 100 pieces of paper, impressed with part of an undertaking for the payment of money of the Republic of Peru. without the authority of that State.
MESSRS. BODKIN and POLAND conducted the Prosecution.
HENRY KENDALL . I am the consul in London for the Republic of Peru. This prosecution is instituted by the direction of the Peruvian Minister—I have not seen the slave bonds of the Peruvian government before these—I know that the Peruvian government have issued such bonds—I an aware of that, officially—I know the handwriting of the President of the Republic, Ramon Castillio, and also of the Minister of Finance, Jose Fabie Melgar, from communications I have received from him; and also of Ysadio d'Aramburu; he is President of the Liquidating Commission, the Slave Commission—I find the signature of those three gentlemen to this bond (produced)—I do not know the signatures of the fourth gentleman, I am not familiar with it—the three signatures to this bond I believe to be genuine—this is a bond for 300 pesos—a peso is a Peruvian coin, the values of it is 3s. 10d.; they are dollars, in fact—I have not made a translation of that bond, but have seen one—this (produced) is an accurate translation.
Cross-examined by MR. RIBTON. Q. Have you ever seen any of these bonds before? A. No—I know that there are such bonds in circulation in Pera—I know it by communications from the government to me, that is my only'source of knowledge, as I am in this country—it is fifteen years since I was in Peru—this is the first time I have ever seen any of these bonds—this transaction is the first occasion upon which I have ever seen them—I have seen the President write, in Lima, from fifteen to twenty years ago—he was Minister of Finance then—I have seen M. d'Aramburu write at the same period—he was then a merchant; he also held various offices—I have not seen M. Melgar write—I can speak to his signature, because I am is the habit of receiving dispatches from him, in his capacity of Minister of Finance—I received dispatches from him two or three posts ago, with the last two months—he has signed my own bills of exchange—he has been Minister of Finance some months, but he has been Minister of Finance on one or two occasions previously, then been superseded by another, and then has come in again—they are perpetually changing in Peru—there are not quite so many as two or three Presidents in a few months, or a year—unfortunately, there have been a great many revolutions—I am not aware of any disarrangement of the currency; whatever circulates as currency has always remained the same—the government that comes in pays the bonds which the other government has undertaken; that has always been so—I am not aware that they have ever been refused—I do not know of my own know ledge that these bonds are at present in circulation—I am pretty well satisfied that they have not been withdrawn from circulation by the government I have seen orders about the payment of them, within the last six weeks or the last month—there are various kinds of bonds that they undertake to pay not a great many—this is a bond given in compensation for slaves liberated—I do not think that a commission is now actually sitting about them
and tint they are not at present in circulation—at this distance I could not undertake to say it is not the case—I do not know everything that goas on there.
MR. BODKIN. Q. Upon the occasion of one change in 1855, were the slaves in the Repmblic of Peru declared free? A. They wort; that was the first act of the government of General Castillio when he came into power—as far aa my knowledge goes, that government is still existing, and in power—these bonds were not issued immediately to recompense the owners of the slaves, but a commission was appointed to investigate the claims of the slave proprietors, and these were given in payment—although it is fifteen years since I saw the President write, I have been in correspondence with him ever since, more or less; and also with the official persons connected with the government at present in power at Peru—I believe these are valid bonds at this time—(A translation of the bond was had read) "Peruvian Republic, Lima. Value—No.—. Liberation of Slaves decreed at Huancayo, 30th Dec., 1 54. Bond for the sum of—pesos, arising from the manumission of slaves and freed men, which, is according to the claim registered under No.—belonged to—which sum is acknowledged by the nation, and it binds itself to satisfy the same by payment to bearer in the course of three years, with interest, at one half percent monthly, in conformity with what is set forth in articles 10 and 15 of the supreme decree of 9th March, 1855. Lima.—the President of the Republic, Ramon Castillio; the Minister of Finance, Jose Fabio Melgar; the President of the Liquidation Commission, Ysadio d'Aramburu; the Secretary of the Liquidation Commission, Pedro Paz Soldan," (The were set out in the document.)
JOHN BRYCE . I am a merchant, and formerly lived at Callao and Lima, in Pen. I lived there about twenty years—I left in March this year—to have seen a few of these bonds negotiated in Peru, they pass from hand to hand—after the owner of the slaves, whose name appears in the bond, has endorsed it, then it passes from hand to hand—I am acquainted with the handwriting of the President—I have no doubt this signature, Ramon Castillio, is his—he was the President when I left in March last—I have seen the signature of Pedro Paz Soldan, Secretary of the Commission, to these documents—I have seen eight or ten of these documents signed by him, but I did not know his signature until I saw it on these documents—I have never seen him write—I have seen Mr. Melgar write—I have doubt but this is his signature—I have never seen Ysadio d'Airamburu write, but I have seen his signature often to documents of this sort and letters.
Cross-examined. Q. When did you leave Peru? A. Last March—these bounds have never been withdrawn from circulation—there it no payment; the payment, I believe, is to be in three years—they are current in the market, but are not paid by the government—there has not been a committee appointed to inquire about those that are issued, to my knowledge.
JOSE GONZALEZ DEL REIGO (through an interpreter). I am a Peruvian. I came from Peru on 15th March, this year—I had slaves at the time of the liberation, in 1855—when the slaves were liberated, bonds of this description were given to the slave owners; I had some given to me—this appears to be a genuine slave bond, similar to that given to me upon the liberation of my slaves.
Cross-examined. Q. How long is it since you received bonds? A. Last year, when the slaves were manumitted—they have never refused payment
of tie bonds—I believe that the names to the bonds I received were the same as those to this bond.
HERMAN DEUTSCH . I live at No. 6, Carpenter's-buildings, London-wall; I am a German; I carry on the business of a lithographer. The prisoner came to my place of business on Friday, 27th June last—he first spoke to me in French, a language I do not understand—on telling him that, he spoke in English—he said, "I want you to do me some facsimiles"—he at first asked me whether I could do fac-similes, and I said, "Yes"—when I showed him the specimens, he said, "That is the very thing I want"—he then showed me a piece of newspaper to indicate the size of what he wanted—he wanted me to do between 100 and 125 fac-similes—I asked him some questions upon that—he said, "I want 125"—he showed me how to place them, and I said, "You want them for portraits?"—he said, "Yes"—he asked me for the price—I made out my estimate, and told him it would be 8l. or 8l. 10s.—he said, "Have you got 125 stones of the size?"—I said, "Yes"—he said, "If you have not got them all that size I would rather pay you a sovereign more"—he said, "Are you a printer yourself?"—I said, "Yes"—he said, "That is all right then"—he then produced a paper from his pocket, and showed it me—he wanted me to do the signature, to make a fac-simile of the signature—I undertook to do it—he was to call and see it the next day at 12 o'clock, Saturday—he then went away—he came at 12 o'clock on Saturday—I had done the fac-simile, and showed it to him—this is it—he compared it with the letter, and said it was excellently done; he would send it off by post (on Saturday), and let me have an answer in about two days—he came again on the Monday, 30th June—he first produced to me this paper—it was printed without the signatures—he wanted me to do the signatures, the fac-similes from the signatures which he brought—I see the signatures that have been cut out of the genuine bond—they were the signatures that he produced to me, and wished me to put on the blank me that he brought—I asked him what the paper was—he said, "They are only passports to send persons to South America"—I undertook to make the fac-similes—he then produced a parcel of similar papers without the signatures, about 100—I was to affix the same signatures to those 100—I was to get them done for him in fourteen days—he first spoke to me about 100 or 125 fac-similes—after he showed me that parcel, he said, "I want, instead of 125 fac-similes, 1,500"—I made my estimate out, and told him it would be 18l.—he agreed to pay it—I asked him who he was, and where he lived—he said, "Oh, I am living in the country"—I said, "Well, will you oblige me with some reference, please?"—I asked him his name and address; then I asked him for a reference—he said, "Well, I shall leave you a deposit; how much shall I leave you?"—I said, "About five or six pounds"—he said, "I shall leave you 4l. he left me 4l., for which I gave him a receipt—I made some inquiry of lie Peruvian Consul next morning—I was afterwards introduced to an officer of the detective police, and acted under his orders—after this the prisoner came to me every day, and brought me other papers to do—I had 200 finished by the Wednesday, with the signatures to them—he called on the Wednesday—I have blinds to my windows—he said, "Can you manage, Mr. Deutsch, to keep your door, shut, and your blinds down?"—I said, "Oh, I can manage that"—he wanted me to finish off a certain number a day, and let him have them, and I declined that; I said I would not deliver them until they were all finished—he called from day to day to see how they were getting on—I showed them to him from time to time—afterwards he asked me to return him the original signatures
that be brought me to make the fac-similes from—that I refused to do—he came to my place on the Friday—he looked at the papers, and said, "Now,; Mr. Deutsch, I know you are an honest man, and you can perhaps find a person in whom you can place confidence to fill that up?" the written part—he said he would give 4l. or 5l. for it—I said that I would do my best; I could perhaps find some one—I was to give him an answer about that on the Saturday—I think it was about half past 1 o'clock, or half past 2, when he left me on the Friday—I did not see him again till he was in custody—the paper that has "12" on the back of it is one that I affixed the signatures to for him—it is one of the parcel that I did.
Cross-examined. Q. How often did he call upon you? A. Every day—he did not mention to me, in the first instance, that he had been commissioned by somebody—at first he spoke French, then he spoke English to me—he speaks English very well, I could understand him very well—he did not say that he was sent by anybody—I am quite sure of that—I have done fac-similes before, frequently, of circulars, for merchants—I never did any bonds before, nothing of the kind—I never knew him before—he came to me on the 27th June; on the Friday it was, about half past 3 o'clock in the afternoon—I have been sworn to-day, in the usual way—I am a Jew—I was sworn on the New Testament, I think that oath binds me just as. well—I have not been sworn on the Old Testament—I consider it equally binding on the New Testament.
EDWARD FUNNELL . I am a detective police officer. On Wednesday, 2nd July, Mr. Deutsch made a communication to me—from what he told me, I gave him certain directions and I watched his premises in Carpenter's buildings—on Friday, the 4th, I saw the prisoner come out—I followed him to No. 15, Marylebone-street, Golden-square—I followed him in there—I asked him to step out with me, that I wanted to speak to him a moment—I told him I was a detective officer—he said, "What have I done?"—I told him the charge against him would be for inciting Herman Deutsch, of No. 6, Carpenter's-buildings, to forge a lot of signatures to documents to defraud the Peruvian government, and others; he made no reply—I then took him into custody, and put him into a cab—he became very much excited, and said that we might be all thieves for what he knew—I had two more officers with me at the time—I then showed him my authority, my warrant card—he said, "Take me to my Minister"—I told him I should take him to the station house—I asked him if he knew Herman Deutsch—he said, "No"—I said, "Not of Carpenter's-buildings?"—he said, "No"—I told him that I had followed him from there that afternoon—I then showed him some papers that I had received from Deutsch; they had been torn—I asked if he knew anything of these—he said, "No; and what if I do?"—I said, "You do not know Carpenter's-buildings?"—he said, "No"—I took him to the station house—I there searched him; in a pocket book I found the bond No. 12, and 54l. 10s. in money, three leys, and a gold watch—I then went to where he lodged, and took possession of some more papers—the keys fitted the locks.
Cross-examined. Q. I believe you found a passport on him also? A. I did, for China, and a great many other places.
(MR. RIBTON submitted thai the instrument in question wot not correctly described in the indictment: it had been called, in the course of the evidence, a bond, and that was evidently its proper description; and the 30th section of the Act (1 Wm. 4, c. 66) made a distinction between a bond and an under-taking. MR. BODKIN stated that the 30ih section applied to English securities.
MR. RIBTON to JOHN BRYCE. Q. Have you known this gentleman for some time, and his family? A. I hare known his family and his brother for some years—I must have met the prisoner himself once I think at dinner—his family are highly respectable, his brother is a ship owner—I think the prisoner had a share in a speculation in guano to China, and to bring back china to England.
GUILTY . Aged 33.— Transported for Fourteen Years.
(MR. BODKIN stated that papers were found belonging to the prisoner which disclosed the fact that a regular partnership existed between himself and other to carry out the fraud in question.)
MR. COOPER conducted the Prosecution,
HENRY JAMES BECKLEY . I live at No. 19, Edward-street, Shepherd's-walk, and am a drysalter. I know the prisoners—I saw Fuller on 28th June—on 4th July I saw them at the corner of Britannia-street, about 4 or 5 o'clock in the afternoon—they were together—Fuller presented a 10l. note to me, and asked me if I could give him change for it—I said no, I had not sufficient money in my pocket—Mr. Harding, a friend of mine, was present; he is town traveller to Smith, and Garratt, perfumers—I said to Fuller, "There is Mr. Harding, most likely he can give change for it," and I handed the note over to him—we then all four went to a beer shop in Whitecross-street, kept by John Twohy—Mr. Harding and I went in first, the prisoners came in afterwards—Mr. Harding asked Mr. Twohy if he could give him change for a note, and he handed the note to him—he took it, and left the house with it, with the intention of getting it changed—on his return he said it was a forged note; that could be heard by the prisoners—I then went to the station house, and gave information to the police—I came back, and went to a house at the top of Whitecross street, in Chiswell-street, where Mr. Harding and the prisoners were—after I went in, sergeant Foulger and another officer came in—I did not hear what he said; Harding pointed out the parties—the prisoners denied knowing me, or Harding either, and said they knew nothing about it—they were then taken in charge—this is the note (produced.)
Cross-examined by MR. METCALFE. Q. Where do you lire now? A. No. 13, Coombes-street, City-road, at present—I have moved since I was at the police court—it was Edward-street, near the Eagle—I lived there it might be three months, or not quite so much—before that I lived in Norman's-buildings, St. Luke's, for two or three months, more or less—before that in Aldersgate-street, six, seven, or eight months, or it might be twelve months; I cannot say exactly—before that in Red Lion-street, Clerkenwell, for about twelve months—before that in Bartholomewclose, for about four years—no charge was made against me when I was in Red Lion-street, it was when I was in Aldersgate-street—I was tried in this Court for receiving some tarpaulins, and acquitted—I was also tried here for receiving some drugs, and was acquitted then, to the great credit of my counsel, I should think, more so than to my solicitor; I cannot say that you robbed me, but he did—I was also tried for committing a rape upon a child ten years old; I was lucky there also—I was also charged with receiving some plate
about two or three months ago—I was not sent fo? trial then, I gave a satisfactory account of how I came by it—I was taken before a Magistrate—I am not aware that I have been a witness onoe or twice—I was a prosecutor in a case at the Clerkenwell Sessions—I charged a man with obtaining money of me by false pretences, and also with robbing me—that man was acquitted, I believe—that was the only charge I made against anybody—I get my living by buying and selling all kinds of things, plate, drugs, tarpaulins, anything I can see any money out of—it appears that these things have led me into difficulties—I am constantly buying and selling, almost every day—I have not any shop—J do not buy notes, I never bought one in my life—I have never had notes brought to me to change—I have Known Harding about twelve mouths, he sells things for me sometimes, drugs, on commission—he came that day to analyze some drugs for me—I keep my things in different parts, where I pay warehouse room, some at my own place, No. 13, Coombes-street—I have several things there; I am not supposed to tell you what—perhaps some one might go there and take them while I am here—I should not like Mr. Harding, or anybody else, to know all my affairs—Mr. Harding has sold for me on two or three occasions—he has never changed notes for me—I believe he is an analytical chemist, and travels for a wholesale house, and for me, and I dare say for other persons too, if he can get anything out of it—I never saw Robertson before—I saw Fuller on 28th June—I never saw him before he brought me a 5l. note to change on 28th June, to iny house—I did not change it for him, I had not sufficient—a party that I knew came with him, and he has since told me that Fuller intended to pass a bad note on me—I did not see Fuller between 28th June and 4th July, when he tried to pass this 102. note on me.
Cross-examined by MR. LILLEY. Q. When you went with the police to the public house, who spoke first? A. Sergeant Foulger—both the prisoners denied the charge—Fuller said he knew nothing of Beckley, nor yet of Harding, and he knew nothing of the note—Robertson said to the same effect.
WILLIAM HARDING . I am a practical chemist, and live at No. 1, Tysoe-street, Clerkenwell. I remember the prisoners coming up to me, and Beckley—I saw Fuller pass a note to Beckley—Beckley asked me if I could give him change for it—I said I could not, but, if he would come with me to Mr. Twohy's, I would get it changed for him—I and Beckley went towards Whitecross-street—the prisoners did not go with us—I think they followed behind—I and Beckley went into Twohy's house—I asked Twohy to change the note—he said he had not sufficient change, and took it out to get change—on his return he said it was a forged note—I then spoke to Beckley, and said, in consequence of the note being a forged one, I should immediately go to the police office—the prisoners could not bear what passed—Beckley left the house—I went to the house, at the corner of Chiswell-street and Whitecross-street—the prisoners did not go with me; they followed afterwards; then Beckley came, and then the police followed—Sergeant Foulger said, "Where are the men, Mr. Harding, with regard to this note?"—I said, "There they are"—they were then sitting down by the tide of me—I do not think they made any observation at that time—the officers took them into custody.
Cross-examined by MR. METCALFE. Q. They followed you to the public house? A. They were some distance behinds—I cannot say how near they came to Twohy's house—I and Beckley went into Twohy's house—when we came out the prisoners were in the street; I cannot say how far off—they
did not say a word to me about the note, nor I to them—they did not ask whether I had changed it or not—the house in Chiswell-street is not a stone's throw from Twohy's—we did not go there all four together; I went singly; Beckley had gone for the officers—I do not remember the prisoners asking anything about the change; I cannot swear they did not; I do not remember anything about it—they walked to the other public house, without saying anything—I walked first, and they followed behind, because I held possession of the note—I had never changed notes at Twohy's before—I went there because I was attending Twohy's child, who had met with an accident, and I was called in to give an opinion with regard to the fracture—that was why I was going there that afternoon—I do not practice as a surgeon, merely as an amateur—I have actually practised as a surgeon and apothecary, fourteen or fifteen years ago—I was not licensed, but I had a partner at that time who was—I have no diploma; I am not legally qualified—I gave an opinion ou this case as I do in many cases—I practice chemistry—I am engaged in this Court at this session in a poisoning case, a case of analyzing—I have on one or two occasions disposed of goods for Beckley—I was not aware that he had been charged two or three times with receiving stolen goods until I heard of it from a Mr. Beard—I have known him something about twelve months—I heard of one case about some drugs—I did not know about the tarpaulins—I heard of the drugs through Mr. Beard—I heard of the plate also—I did not know about the child; I never heard of that, I am positive—I have analyzed some medicines for Beckley on two or three occasions, chemicals—those were not the drugs he was charged with stealing—I did not know him at that time—I have never disposed of anything but drugs for him; I have never changed notes for him—I have been to his house once—he has been to mine once; I do not think more; I will not be quite positive; I will swear it has not been fifty times—I have not been to his bouse half a dozen times—I have never been there when the police have been there—I have jnst stated where I am now living—I have left Southampton-buildings—I was living there when I was at the police court—I have left there since—I was then in part of a house—I am now in a whole house, at No. 1. Tysoe-street, Wilmington-square—I lived in Southampton-buildings ten or twelve months—before that I lived in Margaret-street, Wilmington-square—I was analyzer for Smith and Garrett for some spirituous essences that they had from France—they engaged me to analyze them, and then asked me to dispose of them—I am not now in regular employment for them.
MR. COOPER Q. You never heard anything respecting Beckley, but from Beard? A. Never—I think that was about two months ago.
JOHN TWOHY . I keep a beer shop, at No. 20, Lower Whitecross-street On Friday afternoon, 4th July, Harding and Beckley came to my house—I knew Harding before—Beckley was a stranger—Harding asked me for change for a 10l. note, this is the note—I had not sufficient change, and went out to get it—when I came back I told them it was a bad note, and a forgery, and they ought not to bring it in to me—upon that they consulted together, and I believe one of them went to the station house.
Cross-examined by MR. METCALFE. Q. Have you often seen Harding at your place? A. Yes; he attended me in my illness—I had never changed a note for him—I had a very bad leg, and I heard that he was a clever hand, and he called on me and examined me, and saw the nature of my case, and attended to me after that—I did not know anything of him before.
MR. COOPER. Q. How long has he attended to you in that way? A. I behave
two or three months, and I am still tinder him—I have received benefit from him.
MR. METCALFE. Q. Did you ever see Beckley there with him? A. I cannot say that I did before that time; I am not sure.
JOHN FOULGER (City police sergeant, 88). On Friday afternoon, 4th July, from information I received from Beckley, I went to Twohy's beer shop; I ascertained there that a forged note had been uttered by a man named Harding, and from there I went in search of Harding to a public house at the corner of Chiswell-street, and Whitecross-street; close to Twohy's—I there found the two prisoners, and Harding and Beckley—I said to Harding, "I understand you have uttered a forged note at Twohy's beer shop, where did you get it from?"—we were all close together, and within hearing—he said, "That man," pointing to Fuller, "gave it to Beckley, and Beckley gave it to me, I thought it was a good one"—I then said to Fuller, "You hear what Mr. Harding has said, is it true?"—Fuller said, "I know nothing of the note, or the man either"—Robertson also said, "I know nothing about it"—I then said, "You must consider yourselves in custody, and go with me to the station"—I took charge of Fuller, and handed Robertson over to Hubble—in going along Robertson got away from Hubble at the corner of Milton-street and Fore-street—I saw him running away, and Hubble after him, but I continued on with Fuller—at Moor-lane, Fuller got away from me—after I overtook him, I took him into the station—he gave a false name and address—after the charge was booked, he said he would tell the truth about it, he found the note in this purse (produced)—he said that he met Robertson on Finsbury-pavement (this was in Robertson's presence), and told him that he had got a note, and was going to make some money of it; and if he would go with him he would give him a bob or two out of it—Robertson said, "He asked me to go with him, but I know nothing about the note."
THOMAS HUBBLE (City policeman, 149). I went with Foulger, and took charge of Robertson—on the way to the station he made his escape from me, and ran between fifty and sixty yards—I caught him and took him to the station.
Cross-examined by MR. LILLEY. Q. Were you walking beside him? A. Yes; I had not hold of him at the moment.
NOT GUILTY .
PLEADED GUILTY . Aged 40.— Transported for Fifteen Years.
(There were nine other indictments of a similar nature against the prisoner.)
NEW COURT.—Wednesday, August 20th, 1856.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Sir JAMES DUKE, Bart., Ald.; Sir HENRY MUGGERIDGE, Knt., Ald.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
WILKS PLEADED GUILTY ,* Aged 28.— Four Years Penal Servitude.
PEARCE PLEADED GUILTY . Aged 18.— Confined Twelve Months.
EDWARDS PLEADED GUILTY . Aged 18.— Confined Twelve Months.
KING PLEADED GUILTY . Aged 19.— Confined Twelve Months.
PORTER PLEADED GUILTY . Aged 13.— Confined Six Months.
BIRD PLEADED GUILTY . Aged 18.— Confined Twelve Months.
764. JAMES HUNTER , stealing 8 chains, 2 watches, and other goods, value 88l., of Thomas Cockayne, in his dwelling house, and putting him in bodily fear.—(See page 529.) MR. RYLAND conducted the Prosecution.
THOMAS COCKAYNE . I rent the shop part of a house in Mark-lane—the house belongs to Mr. Henry William Nitton and his partner, Mr. Parker—Mr. Nitton's housekeeper lives in the house—I can go from the shop to the whole of the house without going out of doors—on Wednesday, 18th June, at a little before 6 o'clock, I was in my shop, which is a jeweller's and watch maker's—Mr. Jackson a neighbour of mine, came in that afternoon—he drew my attention to something—in consequence of that I looked to the shop window—I was close to the window—I observed two men looking in—I observed them both particularly—I observed one of then had a peculiar cast in his month as he seemed to be speaking to the other man—he had a hat on, I did not take notice of that—Mr. Jackson remained about four or five minutes afterwards—the two men walked away from the window after they had noticed some goods at the window—I lost sight of them—a lady and gentleman came in directly after Mr. Jackson went away—in eight or ten minutes afterwards two men came in—to the best of my belief the prisoner was one, and there was another—they wen the two men whom I had previously observed at the window—they were together—I was behind the counter—one said he wished to be shown some shirt studs in the window, pointing to a particular part—I believe it was the prisoner who asked for them—in order to get them to show, I was obliged to come round the counter to open the glass case which inclosed the window and goods—directly I opened the case I was seized round the throat and attempted to be strangled—I should say I was seized by both hands—after a deal of struggling I struck the man, and he let me go—I could not say in what part I struck him—no doubt it was in the face, because his hat was knocked off—I had rings on my right hand, with which I struck him—I looked afterwards, and my rings were smothered with blood, and there was a little piece of flesh—I thought at first I was hurt myself, but I was not hurt in the hand—the man let go, and I got from him—the other man had been stripping the window of the goods, and was making off out of the door—I pursued him, and with assistance he was taken into custody, and the property he had with him was recovered—having seen him taken I went back to my shop—I think I had been absent about a minute and a half—there was nobody in my shop—I stayed till the policeman came—I did not go after the prisoner, he was gone—all the property that Stephens had was recovered—I missed other property, to the
amount of 75l.—I am sorry to say hone of that has been recovered—there was a hat left in my shop—I looked at it after it was found—I was seized by two hands, and nearly strangled—I was three days before I could take any substance—I was in a state of alarm—the man that assaulted me had no hair round his chin—the prisoner now has hair round his chin, but his moustache is removed—if he had the hair I should be certain of him, but I still believe he is the man.
Cross-examined by MR. SLEIGH. Q. Was it not so that when you saw the man his hair appeared to be light? A. Yes—I said it appeared to be lighter—it did not appear to be considerably lighter—I did not say it appeared to be much lighter—when I was examined at the Mansion House I said it was lighter.
FRANCIS JACKSON . I am a merchant, carrying on business in Mark-lane. I am acquainted with Mr. Cockayne—on the evening when this occurred I was in his shop, about 20 minutes before 6 o'clock—I observed two men at the window—the prisoner, to the best of my belief, was one—the upper part of his face struck me very particularly—he had a hat on which struck me as rather peculiar—I said something to Mr. Cockayne, and he looked at those two men—I did not take any more notice of them—I continued there two or three minutes—I knew nothing of the robbery till the following morning—the man who I believed was the prisoner had no moustache or beard—I did not notice the other man so much—I next saw the man, who I believe was the prisoner, at the Mansion House, I think on the 26th of July—I did not recognize him immediately—I said he was excessively like the nan that I saw, but I should be sorry to swear to him positively—he is now different in appearance, but I still believe distinctly that he is the man—the upper part of his face is what I speak to more particularly.
JULIA BRYAN . On the evening of the 18th June, I was at the corner of Mark-lane, in Tower-street, about 6 or very near 6 o'clock—I was going along Tower-street, and a man ran against me—he had no hat on—I turned round, and looked at him—I said, "Why don't you mind where you are running to?"—he gave me no answer—I had an opportunity of seeing his face—the prisoner is the man—he went down Water-lane, which is very nearly opposite Mark-lane—I saw another man in Mark-lane with Mr. Cockayne and Mr. Williams—I next saw the prisoner at the Mansion House—I looked at him, and knew him as he passed me by—I was sitting down stairs, and he passed me by—there were some others with him—nothing had been said to me before that he was coming—when he ran against me, I looked in his face—he was bleeding over his left eye.
Cross-examined. Q. Have you ever said before that the man whom you saw running had his face bleeding? A. Yes, I said it at Guildhall to the City Solicitor—that was the only time I said anything about the man who was running having blood on his face—I was not present on the first occasion, when this man was taken before the Lord Mayor—when I saw this man running in Mark-lane I communicated that fact to Mr. Williams—he ran as fast as he could—I do not remember having seen him before—when I went to the Mansion House, they told me they had a man in custody who they supposed was connected with the robbery, and they wanted me to go to see if I could identify him—the officer told me to sit down there—the officer left me—he did not come back when this man passed by, he came a little afterwards—this man was in the cell before the officer came—he was in a cell immediately opposite where I was, and he abused me—the officer asked
me whether he was the man or not—I did not at first say, "He is like him, hot I thought he had lighter hair;" I did not mention that word at all—I Was positively sure he was the man—I was quite sure he had a lighter coat on—I did not say anything about the hair—he was running from Mark-lane into Tower-street—he was going to turn, but he took a thought, and ran across, and down Water-lane—there was nobody at all running beside the man—there were some persons up the lane—I could not see Mr. Cockayne's shop—at the time the prisoner was running, there were not other men and women running also, not in that spot—they did not come so far as this prisoner came, they stopped at the other crowd, where the other man was.
JOSEPH WILLIAMS . I keep a boarding house, in St. George's in the East I know the last witness by sight—on Wednesday evening, 18th June, I was in Great Tower-street, close upon 6 o'clock—when I got to the corner of Mark-lane, I saw a man running down Mark-lane with his hands full of jewellery; gold chains, Alberts, and one thing or another—I saw Mr. Cockayne hanging behind the back of the man, and I heard him cry, "Stop thief!"—I collared the man, and he was taken—he was a man who was convicted here by the name of Stephens—while I had hold of him, I saw the prisoner running down Mark-lane, towards Tower-street; he had no hat or cap on his head—I looked at him—he had a slight beard or whisker on his face, not the same as he has now, not half so much—he got away—I never saw him again till last Friday, in Newgate—he was in the yard amongst fourteen other prisoners; I recognized him the moment I saw him—he was the same man I have been telling you of.
Cross-examined. Q. When you saw the man running, was he in Mark-lane? A. He was running down Mark-lane—I gave a description of the man to the police, as a tall, slender man—I did not say that he had light hair—I described that he had hair visible on his face—I could see the hair distinctly—he was not a clean shaved man—anybody who saw him running could see that he had hair on his face.
BASSETT (City policeman, 593). On Monday, 20th July, in consequence of information, I apprehended the prisoner at a public house in Brick-lane, Spitalfields—I had known him some years before—he was in company with three other men—I got assistance, and went into the public house, and found him at the bar—I said to him, "Harry, I have been looking for you for a long time; I suppose you know me"—he said, "I do not"—I said, "I charge you with being connected with another man, who has been convicted, in assaulting and robbing Mr. Cockayne, in Mark-lane"—he said, "So help me Christ, I know nothing about it; when was it?"—I said, "About a month ago; I really forget the day; you will be told that at the station"—I put him in a cab, and took him to the station—he was told there what day it was, and he said, "I wish to God it had been the day before, I could have proved I was in the country"—on the following day he was taken to the Mansion House for examination before the Lord Mayor—he was remanded—after his remand, I was taking him back in custody, and when I was putting him into the cell, he said, "Oh! here if a pretty go I this fellow saw me from behind his counter, and saw me in his shop, and now can't identify me—when I took him I observed his nice and forehead; there was a long cut on his forehead, over the left eye, which was not then healed—it appeared to be a cut by a blow from some hard substance; it was not a smooth cut.
Cross-examined. Q. Did you make a memorandum of this statement that you say the prisoner made? A. No—there was an officer named
Legge present, I think his number is 440—he was present when this statement was made—I have not seen him here to-day—I hare not asked him to be here—Brett was present—I have not told him to be here—I rather think Knight was present—I believe he is not here—I have made no mistake about this matter—the prisoner said, "The fellow saw me from behind his counter, and saw me in his shop, and now can't identify me"—it was not "He saw a man from behind his counter, and saw him in his shop, and now can't identify him"—I had not known this man at having been before convicted of felony; he had been pointed oat to me in Waterloo-road—I have heard that he was discharged from Wandaworth on the 17th Jane.
MR. SLEIGH called the following witnesses for the Defence.
JOHN SYLVESTER . I am an officer of Wandsworth gaol. The prisoner was discharged from there on 17th Jane, about 2 o'clock in the day—his term of imprisonment was eighteen months—he was not discharged before the expiration of his sentence.
Cross-examined by MR. KYLAND. Q. On the day he left what was his state as to beard and whiskers? A. He had been clean shaved on the day before, the 16th—he had no whiskers—he had been clean shaved up to the hair on the head on the 16th, and went out clean on the 17th.
HENRY BIRD . I am a bricklayer, in the employ of Mr. Wills, of Bermondsey; I reside at No. 4, Fountain-gardens, Lambeth-walk. The prisoner lives at No. 7—I saw the prisoner on the day after he was discharged from Wandsworth at his mother's house, at a quarter past 6 o'clock in the evening—I called at his mother's, and he was there—Mrs. Lucas was there—she is a charwoman, living in that neighbourhood; and Mrs. Brown was there—she is a monthly nurse—I stopped there till the prisoner left, at past 9 o'clock—we were drinking a little during the evening—I did not know him before he was in Wandsworth gaol—I did not go oat with him on the night of 18th June, I stayed at his mother's house—I had known his mother about twelve months—I am in the habit of going to her house; I generally paw my evenings with the prisoner's brother, who is not in employ—he is a gentleman's servant.
Cross-examined. Q. Which was the first day you saw the prisoner? A. On Tuesday, the 17th, at his mother's house, about 9 o'clock in the evening—I pass the most part of my evenings in his mother's house, not drinking every evening—his mother is a laundress—I never saw the prisoner at Wandsworth—I was at his mother's house on the Tuesday—he came in while I was there—I had never seen him before—I knew who he wan, by his brother and sisters telling me of him, before ever I had seen him—his brother and two sisters live at his mother's house, and he had one faster in service—his sister spoke about the brother she had—she did not speak of him as being in Wandsworth gaol—I never heard of his being in Wandsworth gaol till I heard of this case, about three weeks ago—I wns asked what I could prove, and I can swear that I was there—his mother asked me to come here.
MR. SLEIGH. Q. You heard of this case three weeks ago? A. Yes—his mother spoke to me about it she asked me what I could prove—she asked me if I would go as a witness, to prove he was at her house at that time.
COURT. Q. Who was present on 17th June when the prisoner came home? A. His mother and his youngest sister—I went there to spend my evening with his brother—his brother was not there on either of the evenings—his sisters were both there on the 18th—their names are Elizabeth and Ann—Mrs. Lucas and Mrs. Brown were there—the youngest sister was
there when I went in, the eldest came there about 7 o'clock—Mrs. Luces and Mrs. Brown were there when I went in—Mrs. Lucas left about 8 o'clock, and Mrs. Brown about half past 8—the brother is a gentleman's servant; he is not in service at the present time, and he was not at that time, to the best of my recollection—the prisoner's sisters told me that the 17th was the day of his discharge.
Q. But you said you never heard of his being in Wandsworth gaol til three weeks ago; can you explain that? A. They did not tell me he had been discharged from Wandsworth that day; they told me he was in the country.
MATILDA BROWN . I am a widow, and live at No. 2, Saville-place, Lambeth that is in the neighbourhood of Fountain-gardens. I know Mrs. Hunter, the mother of this young man—on 18th June I saw this young man, between 2 and 3 o'clock in the afternoon—I staid there till between 7 and 8 o'clock, and he was there during the whole time—he went out about 4 o'clock, and returned at half past 4, and did not go out again—I am sure it was not longer than half an hour that he was out—after his return, a young man of the name of Bird came in, at a quarter past 6 o'clock—I staid till between 7 and 8 o'clock—the prisoner was there the whole time, waiting to see his sister—his mother and Mrs. Lucas were there—Mrs. Lucas was there the whole day—I think she stopped till about the time I did—I cannot recollect when Bird went away.
Cross-examined. Q. You say Bird came in about a quarter past 6 o'clock? A. Yes—the prisoner was there then, and had been there from between 2 and 3 o'clock—he went out about 4 o'clock, and came back at half past 4, and was there the rest of the evening—I left him there—I think the 18th was on Wednesday—I have known the prisoner between eight and nine years—I heard from his family that he was at Wandsworth—I did not hear the time he was there—I heard he was there eighteen months—I do not know where he was prior to that—I knew him when he was at home—he has been at home several times—I cannot tell when he was at home prior to the eighteen months—I am not there myself always.
COURT. Q. Had you seen him from Dec., 1850, till 18th June this year? A. I really cannot recollect—I cannot swear that I ever saw him between 18th Dec., 1850, and 18th June, 1856.
Q. How do you know it was the 18th June you saw him? A. His mother told me on the day before, that he was coming home that day, and the day after I saw him—Mrs. Lucas, and bis mother, and Bird were thers, and his sisters—the eldest of them came about half past 7 o'clock, and the youngest about 7—I am sure neither of them was there when Bird came in—he came at a quarter past 6 o'clock—I know the elder sister was not there when Bird came in—I am not sure whether the younger one was.
SARAH LUCAS . My husband is a bricklayer; I live in Lambethwalk and earn my living by charing. I know Mrs. Hunter, the mother of this young man—she lives at No. 7, Fountain-gardens—I remember seeing this young man on a Wednesday in June—it was from half past 2 o'clock till a quarter before 3—I was there till past 8 o'clock, and I left him there—I was at work there all that day, and the day before; I was washing at his mother's—I left at a quarter past 8 o'clock that evening, and he was there then—he had left for a short time—he was away about three quarters of an hour—he came back about half paat 4 o'clock, and he did not go out during the evening—there was a young man of the name of Bird who came to his mother's about 6 o'clock, or it might be a quarter past 6—he staid the
evening, and I left him there—the prisoner's two sisters were there, and Mrs. Brown, the last witness—she came early in the afternoon—she was there when Bird was there.
Cross-examined. Q. You were there all day on the 18th at work; when did the prisoner first come on that day? A. About half past 2 o'clock, or a quarter before 3—he left for a short time, and came back about a quarter past 4 o'clock—he remained there the whole of the day—I left him there when I left, about 8 o'clock, or a few minutes past—Bird came about 6 o'clock, or a quarter past 6—the prisoner was there at that time—both the prisoner's sisters were there—I did not see his brother at all that evening—I was there on the Tuesday, and Mrs. Brown was there—she was the only person who visited the mother on that day, except the sisters, and Mr. Bird, I saw there.
COURT. Q. What time did Bird come in on the Tuesday? A. About 6 o'clock, or a quarter past 6—I am sure the sisters were there when Bird came on the 18th—he came about 6 o'clock, or a quarter past—one of the rigters came in about 7 o'clock—I do not exactly know when the other came—they were both there when Bird came—I observed the appearance of the prisoner's face on the 18th—he had no whiskers; he had a quantity of hair round his chin and underneath.
COURT to MATILDA BROWN. Q. Did you observe the prisoner's appearance on the 17th or 18th? A. Not particularly—he had no whiskers; he had a little hair under the chin.
HENRY STEPHENS (the prisoner). I have been convicted of the robbery at the prosecutor's shop, in Mark-lane—the prisoner was not with me, nor did he Ald. or assist me in any way in the commission of that offence.
Cross-examined. Q. Perhaps you will tell us who was the man who was with you? A. I decline answering fhat question—the man is not in custody he is at large.
COURT. Q. You must answer the question; who is the man? A. The man is not in custody; he is at large—I decline to answer the question—those who have sworn against this man to-day are all false.
Q. Who has told you what has been sworn? A. I have heard it from other prisoners, who have come down and told me what they have heard in the papers—this man is as innocent as a child.
COURT to JOHN SYLVESTER. Q. You say this man was clean shaved; was there any hair on his chin? A. No, none—I am quite certain it was all shaved off.
NOT GUILTY .
EDWARD POWELL . I live at No. 6, Chequer-yard. On 18th July I was out of place—on that night I met the prisoners in Fleet-street, about half past 11 o'clock—I remained walking with them, and went to different public houses—I should think I was with them two hours or more—after I had been with them some time I missed Jones—I then put my hand into my pocket, and missed my watch—I asked Johnson where the other girl was gone—she said she would be back in a minute—I said, "I have lost my watch," and I tried to get after Jones—Johnson stopped me, and took my arm—the policeman came up, I left Johnson with him, and I went after Jones—I found her, and took hold of her—I accused her of taking my watch—she struggled and fell down, and I fell down too—I had had
my watch safe two or three minutes before Jones left me—t also lost a pocket handkerchief—I was not sober—I knew what I was about.
Johnson, Q. Did you not say that you met me in Oheapside? A. I thought it was there first—you asked me again, and I said Holborn-hill, I thought it was there—I did not say positively where it was—there was a young woman fainted away—when she recovered, I said I had lost my watch—I left you with the policeman, and afterwards gave you in charge.
Jones. I was standing still, and you dragged me down, and we both fell you gave me in charge, and did not say what it was for, and then you said you had lost your watch. Witness. Yes, the officer came up, and he found the watch in the gutter where you fell—this is my watch.
COURT. Q. You said at first it was in Oheapside, then Holborn-hill, and then Fleet-street? A. Yes, I was not quite certain—I had been drinking in two or three houses.
THOMAS DUTTON (City policeman, 349). I was called, and found the pro-secutor and Jones—I looked in the gutter, and found this watch close to the kerb where they both fell—it might have fallen from the prosecutor's pocket—they struggled very hard together—I heard him call out, "Hoy! hoy!"—I found the watch, and my brother officer took Jones.
NOT GUILTY .
PLEADED GUILTY . Aged 24.— Confined Six Months.
MR. METCALFE conducted the Prosecution.
FREDERICK ABE . I live in King-street—I give German lessons. On the night of 27th June I was returning home—it was late—I do not know exactly the time—I had come down Long-acre—after I left there, Sullivan and Ravenscroft spoke to me—one of them spoke French to me, and they walked along with me two streets further—I asked them where King-street was—they told me they lived in King-street—we came to the corner of another street, which I have heard is Charles-street—as soon as I turned the corner some persons caine from behind—I was seized—my throat was pressed, I was forced back—my spectacles were taken from my head—my throat was pressed, so that I could not cry out—two or three or four men seized me, robbed me of my watch and purse and a gold pin—they came from behind—I had not seen anybody—I had no opportunity of seeing them—I did not see them—there were three or four men—I think the girls had left me when I was at that place—I could not see very well—as soon as the men had rifled my pockets, a policeman came up—they ran away, I think, as soon as they saw the policeman coming—I pointed the policeman to the passage that I saw them go to—I went with him to the house, and into all the rooms—I saw Quinton lying on a sideboard—after I had been robbed, I saw the men go into a passage, and I think in that passage was the house in which I found Quinton—I found him about ten minutes after I had been robbed—my purse contained about 26s.
JAMES NIGHTINGALE (policeman, F 86). At a little before 2 o'clock on the morning of 28th June, I was on duty, and saw two girls go down a street with the prosecutor—when they got to the bottom of the street, they turned to the right, into Charles-street—shortly afterwards I heard a
screaming and a gurgling noise—I went down, and found a crowed round the prosecutor—I met the two girls running away from the crowed—I stopped them and took them back—I then saw the prosecutor getting up from the ground—he was in a very excited state—he pointed out a passage to me complaining at the time of some men, and pointed to the passage where the men had gone—I went into the passage, went into No 7, and down stairs I found Quinton, with his coat off, lying on the sideboard—I took him to the station, and he was discharged because the prosecutor could not identify him.
Cross-examined by MR. PAYNE. Q. When you took back the girls, you asked the prosecutor if he wanted them, and he said, "No", and pointed to the passage? A. Yes.
Quinton. I had no boots or stockings on. Witness. As far as I can remember he had his boots on—I have never said that he had not his boots on.
WALLLLIAM KING (policeman, F 98). I heard the noise in Charles-street—I ran and foun the prosecutor there—I Went into the passage, and found Quinton there—I then went into Drury-lane, and, saw Aldridge and Gorman not many yards from Charles-street.
Cross-examined by MR. SLEIGH Q. What time was it you saw these; Saturday morning, 28th June, about 2 o'clock in the morning—after we had been to the station.
JOHN GUERRIER I live at No 8, Prince's-row, Newport-market. On ton-street and went into Charles-street—as I was entering I passed a gentleman and two young girls—after I had passed them about two or three doors, I heard a gurgling noise, like a person distressed—I looked and saw a gentleman and three men—one of them had his arm round his neck, another was in a fighting attitude, and the other seemed to me to be rifling his pockets, and I, knowing the locality I was in, ran to get a policeman—it was Aldridge who had his arm round the gentleman neck—Gorman was in a fighting attitude, and Quinton was rifling his pockets—I had seen the prisoners frequently before in that neighbourhood.
Cross-examined by MR. SLEGH. Q. What are you? A. A jeweller—I am not following my business, I am living on a little annuity—this was about a quarter past 2 o'clock—I had been on a little business—I had been up to Farringdon—market to see a market gardener—I had left home about half past 1 o'clock—it is not my own house—I have lodged there the last four years—when I first saw the girls and the gentledman I passed them quickly, walking towards home—at that moment I did not see anything of the men—I had got two or thee doors up the street before I heard this noise, and on turning round I saw these men surrounding the gentlennan,—I immediately ran off—I did not attempt to interfere in the matter—the prosecutor's face was towards Drury-lane when the men were surrounding him—the man in the fighting attitude had his back towards me—I did not see the prosecutor again for some few days afterwords, when I was ordered to attend—I knew him and knew he was a foreigner by his wearing spectacles—I identified him—I merely saw him as I pessed—I afterwards saw him at the police court when he was giving his eagain evidence.
MR. METCALFE. Q. When you saw these men again the first time after the robbery, were they at the police court? A. Yes, they were there amongst nineteen or twenty, and I identified them.
them frequently together in Charles-street and in Drury-lane—I have not seen Ravenscroft so often as the others—I have seen her with them ouce or twice.
JAMES PHIPPS (policeman, F 101). Shortly before 2 o'clock on the morning of 28th June, I saw the two female prisoners standing outside the shop of Mr. Gleeson, which is about the middle of Charles-street—they were together, and sitting down under the window—I ordered them away and they went inside the shop door—it is an eating house and a lodging house—I saw them when I came round again—I went round my best again, and on returning I heard of this robbery, in about twenty minutes—I saw the prosecutor after he had been to the station, and after that I saw Aldridge and Gorman together, and pointed them out.
ROBERT M'KENZIE (police inspector). At a little past 2 o'clock on the morning of 28th June I was on duty at the station—the prosecutor and Quiuton came there—the prosecutor had great redness of face—his breast was disordered, and his watch glass and eye glass were broken—Quinton was discharged because the prosecutor was not able to identify him—on 2nd July, Aldridge and Gorman were brought in—Aldridge stated that they had not been in Charles-street for four hours before the robbery, that they had been at Nat Langham's, the fighting man's, and that he and Gorman were returning up Long-acre, and saw two men being taken, and then they passed on to Charles-street.
Cross-examined by MR. SLEIGH. Q. Had you previously had information from Guerrier? A. No, I received information to take them from Mr. M'Kenzie, the inspector.
COURT to JOHN GUERRIER. Q. Did you know these men by name? A. Yes, I knew them previously, and what they were—I did not give their names to the police, but I did when I went to identify them—I said, "Their names are soand-so."
ALDRIDGE— GUILTY . Aged 23.
GORMAN— GUILTY . Aged 19.
QUINTON— GUILTY . Aged 21.
Four Years Penal Servitude
SULLIVAN and RAVENSCROFT— NOT GUILTY .
(Aldridge was further charged with having been before convicted.)
WILLIAM COOMBS . I produce a certificate of Aldridge's conviction—(Read: "John Thomas, Convicted, April, 1854, of stealing a watch; Confined nine months ")—I was present then, with a former conviction—Aldridge is the person.
GUILTY.— Six Years Penal Servitude.
PLEADED GUILTY . Aged 41.— Confined Six Months.
PLEADED GUILTY .* Aged 30.— Transported for Fifteen Years.
PLEADED GUILTY . Aged 20.— Confined Six Months.
PLEADED GUILTY . Aged 42.— Confined Three Months.
(On the evidence of Mr. John Rowland Gibson, the surgeon of the Gaol, the Jury found the prisoner not of sound mind.)
THIRD COURT.—Wednesday, August 20th, 1856.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Sir HENRY MUGGE
RIDGE, Knt., Ald.; and MICHAEL PRENDERGAST, Esq.
Before Michael Prendergart, Esq., and the Eighth Jury.
SAMUEL HUFFER . On 22nd July, about half past 10 o'clock at night, I was at the corner of Poppin's-court, Fleet-street, and spoke to a person and his wife; while I was speaking to them the prisoner and her companion came up, and spoke to me as if I was an old acquaintance, but I had never seen them before (the other two persons left me)—they each took my arm, one on each side—I touched my right hand trowsers pocket, and found my puree safe—I had 13s. 6d. in it—the prisoner was on my right side—they then left me, and I directly after that missed my purse, and followed them; they were about two yards in advance of me—the prisoner ran up Salisbury-court, on the other side of Fleet-street—I kept my eye on her—her companion ran up Shoe-lane—I kept after the prisoner, and saw a policeman catch her—I was about three yards from her, calling, "Stop thief!"—there were three or four half Browns, two or three shillings, and gome sixpences in my purse, and I think there was a florin.
MICHAEL GALVIN (City policeman, 340). About half past 10 o'clock, on the evening of 22nd July, I was on duty in Salisbury-court, Fleet-street, and heard somebody call out, "Stop her!"—I saw the prisoner running as fast as she could; I stopped her, and found in her hand two half crowns, a florin, and 3s.—the prosecutor came up, and charged her, and I took her to the station.
ELIZABETH TYLER . I am the searcher at the station house. The prisoner was brought there, I searched her, and found on her 2d. in copper—she took two sixpences from her mouth and gave me, saying that it was her own money.
(The prisoner was further charged with having been before convicted.)
WILLIAM FRANKLYN (policeman, 72). I produce a certificate of the prisoner's former conviction—(read: "Clerkenwell Sessions, Aug., 1851 Jane Potter, Convicted of stealing one ear drop, and one pair of scissors; Confined six monthss")—I was present, she is the person; I have known her for years.
GUILTY.** Aged 26.— Four Years Penal Servitude.
SOLOMON JAMES CLARK . I am a labourer, and live at Stanmore. On 14th July, about a quarter past 10 o'clock in the evening, I was at the Abercon Arms, Stanmore, and saw the prisoner there with three more, who were kicking up a row at Mrs. Sedrick's door—it was something about half a quartern loaf—she keeps a sweet shop, and sells bread as well—I saw the prisoner go to strike Mrs. Sedrick—one of the four struck her, but I cannot say what sort of a blow, because it was dark, but it was a sort of a push—they were men—I went and pushed three out of the four down, and the prisoner was one—they then all four went away forty or fifty yards, and the prisoner turned back, and said that he would fight me—I said, "Very well, I will"—as he was coming towards me I saw a knife in his hand—I said, "He has got a knife in his hand"—I was standing ready for him, and was laughing—I was sideways to him, turning away from him, and he struck me on the left thigh—I bled a great deal, and it was fourteen days before it healed—I walked lame for fourteen days.
Prisoner. You hit me. Witness. I do not know whether I hit you, or whether I pushed you, but it was for pushing the woman down—it was with my open hand—my fist was not doubled.
SUSAN SEDRICK . On 14th July, about 10 o'clock, I had gone up to bed, and saw the prisoner and three other men near my house—I heard them say that they would break my b—door open—I went down stairs to stop them, and when they came to the door I opened it, and told them that if they did not take care what they were about I would call a policeman—it was not about a loaf, Clark did not hear the beginning of it—one of them struck at me, the prisoner used a great deal of abusive language, and they said that they would break the door open—I do not know whether they wanted to be served—I am not unpopular with them, I never saw them before, they are not inhabitants of the town, but are quite strangers—when I went down one of them struck at me, but he did not hit me—I drew back, opened the door and pushed him away on the kerb stone—two men then came up to me, and Clark said, "You shall not hit this woman, she is all alone, and I will see her protected"—he pushed them away rather hard, they fell, and I saw no more of it—I did not shut my door, because I thought if a policeman came, I would give them in charge—directly afterwards I saw Clark brought back wounded; he showed his wound in my shop—the prisoner did persuade the others to come away, and not kick up a row; and he pulled them away once before Clark came up—they were all strangers to me—it was haymaking time.
Prisoner. Q. Did you hear me say that I would break your door? A. No; you did not strike me, it was one with a velvet jacket.
WILLIAM CLARK . I was walking down the hill, and saw a cluster of people—I did not see the beginning of it, but I walked in among them, and heard Clark say that he was stabbed—I said, "Who stabbed you?"—he said, "This man," and I caught the prisoner by the collar, and pushed him down in the road; he got three parts up, and I pushed him down again, and as he went down, he chucked something out of his hand, but I could not see what it was—I said, "He has flung something out of his hand"—we got a light and searched, but could not find it—his companions were there—I do not know whether they picked it up or not.
found a gash on the upper external part of his thigh, which went to the bone—it was three quarters of an inch deep—it speedily got well—I examined this knife, but found no appearance of its having been used for the purpose—it might or might not have inflicted the wound—in all probability it was done with a sharp knife, as the wound was clean—this is not a sharp knife.
GEORGE OLIVER re-examined. The prisoner was not drunk, but he had no doobt been drinking; the men who work in the fields generally have six or seven pints of beer allowed them, and the prisoner was working for a brewer.
JURY. Q. Was the prosecutor at work with the others? A. No—I got a lamp, and the place was pointed out to me, but I could find nothing in the road—I had more than two miles to take the prisoner to the station—another constable searched afterwards, but found nothing—I took this knife from the prisoner before I took him from the spot, and it had no blood on it—his companions did not go home to their lodgings that night, and they have not been heard of since.
(The prisoner handed a letter to the Court, in which he dated that the prosecutor knelt on him, and injured him; that he held the prosecutor's feet to throw him down, and he might have struck himself with something in his own hand, and laid it to him for vengeance.)
SOLOMON JAMES CLARK re-examined. I had not touched him before he was struck—it is true that I saw something glittering in his hand—he did not catch hold of my legs, he tried to get away from me, and stabbed me—I did not kneel on him.
GUILTY of unlawfully Wounding. Aged 20.— Confined Nine Months.
MR. W. J. PAYNE conducted the Prosecution.
WILLIAM THOMAS (police sergeant, F 17). On 24th July, from information I received, I went to the prisoner's house, No. 6, Charles-street, Drury-lane—I saw him there, and asked him if he had purchased any sheets lately—he said, "I have not"—I asked if he had any objection to my looking over his house—he said that he had none—I left an officer with him, went into the front bedroom, searched there, and found eleven towels in a box, with other things, and two sheets down stairs, where the prisoner was sitting—it is a sitting room and bedroom as well—one sheet was on the bed, and one folded up and laid on a box.
Cross-examined by MR. GIFFARD. Q. Is it a lodging house? A. Yes—the things in the box were principally sheets, pillow cases, and drawers, and there were several other boxes in the room—the prisoner's wife showed me all over the house—I did not claim the sheets; I took possession of one; I did not take the other till the evening, after the prisoner was in custody—I found it on the bed in the evening—it may have been there in the morning—I pulled the bed open and looked, but I was looking after linen sheets,
not calico ones; and seeing the prisoner's name on them, I did not take notice of them, as he keeps a great quantity, and has a great many beds.
MARIA EAST . I am a sister of the female ward of Charing-cross Hospital It is part of my duty to give out the linen to be washed—on 21st June I made up a bundle of linen, containing twenty-one sheets and two towels—there was another bundle, containing old sheets; they were not cut up into towels, my towels were with the sheets—all the sheets were marked "Charing-cross Hospital"—these (produced) are some of the sheets which were in the bundle—the words "Charing-cross Hospital" are not on than now—they were marked like this (producing one)—the mark has been cut out, and another piece put in—I belong to the C ward—I do not find "C" n the corner of this sheet, but here is the place where it ought to be; a piece has been cut out, and replaced—I cannot swear that this is exactly the place, but we generally mark them with the letter C just below the hem—this is like the quality of our sheets, the patients in the ward hem them—this other sheet is of the same quality, but both marks have been taken out of it; it is one of our sheets—here is "Cha" on this towel, that is a private mark of my own—"Cha" still remains, but the rest has been cut out—here is also a private mark "C," that is the letter of the ward of which I am a sister—the bundle of sheets which I sent to be washed has never come back to the hospital—the towels had no number on them, I only find one here.
Cross-examined. Q. Who keeps the account of the number of towels in the ward? A. I do; there are two dozen—there were only two dirty towels sent to the wash in the bundle, and I afterwards counted all the remaining towels in the ward, and found they were all complete but two; that was when the linen was brought home—I have never been in any other hospital.
MR. PAYNE. Q. You have never been in any other hospital when "Cha" commenced the name of it? A. No.
ELIZA TYLER . I am a sister of the male ward "D" of Charing-cross Hospital. These sheets do not belong to my ward, mine are calico—I know how the hospital sheets are marked; a piece has been taken out of the corner of these sheets, at the same place where our sheets are marked, and a piece has been inserted—I miss seven pairs from the D ward, but of a finer description than these—I have not the slightest doubt that these are Mrs. East's—this towel belongs to myself, it is marked "Humphreys"—on the night I sent the sheets I sent twelve towels, seven of which belonged to me, and five were not marked—these two were left by patients, one has the name of "Humphreys" on it, and the other "M. W."—I have every reason to believe all these are mine—here are two which have the Crown on them, and one with a coronet; they have been given from the Palace for the use of the hospital—I did not miss the towels till the laundress brought home the linen on, I should say, 24th June—she brought me twenty-six sheets.
COURT. Q. These were not in the bundle which the other witness made up? A. No, they were in another bundle—I sent two bundles—I had my old sheets back again on the Tuesday, and asked the laundress where the new ones were—she said that she brought them, and inquiry was made—they are the property of the Governors, Dr. Benjamin Golding is one, and there are several others.
21st June, I took some dirty linen away; I did not notice how many bundles—it was, as I think, 10 o'clock at night—on the Tuesday afternoon I took borne the clean things, and the sheets were missing.
Cross-examined. Q. Are you able to Bay whether you ever took these particular things from the hospital at all? A. No—I took away some bundles in a cart—I rode in front with the man who drove it—the cart had nothing in it but the hospital things—there were about thirty sheets in it, and a few blankets—I did not miss them till I was asked for them; not baring a list, I do not know; the list must have been in the bundle which was lost—I took in the cart all the bundles which were brought down—the man went up for a bundle while I was in the ward speaking to the sisters, and the bundle must have been taken then, just as it was put in—I have washed for the hospital three or four years; I believe these sheets and towels to be the property of the hospital, and to belong to these two particular wards—they are of the same quality, and marked in the same places—the sheets of different wards are of different materials, one is calico, and the other double twill—these are double twill.
MARIA EAST re-examined. I made out a list of the articles I sent, and it went away with the things—I never saw any of the things in my bundle again—we use the old sheets for the sick when they are having leeches or blisters, and some we turn into a kind of lint—when they ace worn out, we tear them in the centre, and join them, to go under the head or neck for leeches—nothing is sold, and the nurses have no right to perquisites.
WILLIAM THOMAS re-examined. The prisoner has about half a down lodging houses; he lives in the one in which the property was found—I do not know whether that room is his sleeping room, but it was furnished quite different from the rest, and the other rooms were locked up—it was the back parlour.
ELIZA TYLER re-examined. I believe this towel to be one which was left by a patient, and I think it was one of those which went that night—sometimes a patient dies, and the towels may be out at the wash when the friends have the linen—I have no doubt of this towel coming from my ward that very night, but will not swear it—no private persons use such twill as this for sheets—I never saw them in any place but Charing-cross Hospital; at the London and at Guy's Hospital they have a blue stripe down the middle, and I believe a yellow stripe at St. Bartholomew's.
(The prisoner received a good character,)— GUILTY on the Second Count.
ANN M'LAREN . I am a monthly nurse. On 18th June I was in attendance on Mrs. Marshall, of No. 192, Oxford-street, and packed up some dirty linen in a bundle; this (produced) is a list of it—there were three babies' frocks, one sheet, two pillow cases, one chemise, two ladies' night gowns, eleven napkins, three baby's gowns, two baby's flannels, one pair of drawers, and one baby's petticoat—these are they (produced)—they are Mr. Thomas Marshall's—one frock and one monthly gown are still missing—most of them have the name of Marshall on them now, or "T. M."—some of them have had the marks cut out—I gave them to Buckingham just inside the door, about 2 o'clock in the afternoon.
Cross-examined by MR. GIFFARD. Q. Do you know anything about their being Mr. Marshall's? A. I have dressed the baby in them—there were
several sets of linen—I had the management of it for six weeks—Mrs. Marshall is not here, nor Mr. Marshall.
THOMAS BUCKINGHAM . I am a labourer, of Hendon, and sometimes drive a cart for my mother, who is a laundress. I called at Mr. Marshall's, in Oxford-street, for some dirty linen—a bundle was given to me by Mrs. M'Laren, and I put it into the cart, and went to Nassau-street, Soho, for some more linen—I went into the house, and when I came out the bundle was gone—there was no other bundle in the cart.
WILLIAM THOMAS (police sergeant, F 17). On 24th July I searched the prisoner's house, No. 6, Charles-street, Drury-lane, and found these things in a box in the front bedroom, first floor, which did not appear to be used by lodgers—I pulled them out of the box, put them on the bed, locked the door, and took the prisoner, who was down stairs, to the station—he said, "I can account for the jewellery you have found, but I cannot account for the linen."
Cross-examined. Q. Did the room you saw him in, appear to be occupied by him and his wife? A. Yes—it seemed to be furnished different from the rest of the house—there was a bed in it—the jewellery was not in a box, but in a cupboard in that room—I told him that there write a great quantity of property up stairs which I believed to be stolen—he said, "I can account for what you have found down here, but the linen I know nothing about"—that was said on the way to the station—it was voluntary on his part, and not from anything I said to him—the box was locked—I asked his wife if she had any sheets in that particular box—she said, "No," and felt in her-pocket for the key—she said, "I must go down stairs for the key"—she went down into the room where the prisoner was, and then produced it.
GUILTY on Second Count.
MR. W. J. PAYNE conducted the Prosecution.
GEORGE WILLIAM PRIME . I am in the employ of Messrs. Kesterton, coach builders, of Long-acre. It is part of my duty to take in every carriage which is sent to repair, and take an inventory of everything in it before the parties who bring it leave the place—on 9th June, about 12 o'clock in the day, a carriage came in which had been to a wedding—there were two "cushions in it—it was left at the back of the factory, in Wilson—street—in ten minutes or a quarter of an hour I went back, and missed the cushions—they were covered with silk, similar to this (produced)—I believe this to be it, but there is no mark on it.
Cross-examined by MR. GIFFARD. Q. It ia not an uncommon covering? A. Not the pattern, but the colour is—it was a new carriage altogether—it had only been out for four hours—this silk appears to have been used for a cushion covering, from it's general outline and shape—it is rather wider in front than behind, and hero are holes where the tufts have been—a small strip has been cut off round the edges, to get it off of the cushion—here is a selvedge edge at one end—these two pieces are not the same size, but they bear the same proportion to each other as the fore and hind cushions do—they were made at Mr. May's, who supplies our place with materials—he is not here to show that he has not supplied other places with the same materials.
MR. PAYNE. Q. When these are made up into cushions, would there be a sort of rim round? A. Yes—the body of the cushion, which was drab
cloth, is gone—the silk is a covering used on state occasions—the carriage is lined with the same silk—it is a dress brougham.
CHABLES WHITE . I am foreman to Edwin Kesterton. I recollect two cushions being missed on 11th June—I have not the least doubt that this silk formed part of the covering of the cushions of the carriage—it was made expressly for us, and therefore I do not think it could be used by other people.
Cross-examined. Q. Did you give the order? A. No, but I know that the pattern was made expressly for us.
WILLIAM THOMAS (policesergeant, F 17). On 24th July I found this silk in a box, which was locked, in the prisoner's front bedroom, the same box as the linen—there were five boxes there, and I took some linen from every one—the prisoner's wife produced the key—she went down to fetch it into the room where her husband was—I followed her, and she came out with a bunch of keys—George Stedman, 158 F, was in the room where her husband was—he is not here.
GUILTY . Aged 63.— Confined One Year.
(There were two other indictments against the prisoner.)
778. WILLIAM ALFRED COLLINS , unlawfully obtaining 10s. the moneys of Thomas Sell, by false pretences.—2nd COUNT, obtaining 3 bouquets, the goods of George Smith Ballsam, by false pretences: to which he
PLEADED GUILTY. Aged 17.—Recommended to mercy by the Prosecutor ,
and his father engaged to send him to Australia.— Confined One Week.
MR. BODKIN conducted the Prosecution.
CAROLINE GEORGE . I keep a tobacconist's shop, in the Whitechapel-road. On Sunday, 10th Aug., between 10 and 11 o'clock, the prisoner came for a penny cigar, and gave me a shilling—I gave him 11d. change, and put the shilling into the till—there was no silver there—almost immediately he went out I looked at the shilling, and found that it was bad, and on Monday night I gave it to the officer.
Prisoner. I was not there. Witness. I am positive he is the person—I came home on Monday, found him in custody, and said, "That is the man, who was here last night."
WILLIAM PAGE . On Monday, 11th Aug., I was attending to the shop for Mrs. George—the prisoner came in, and asked for a penny cheroot—he put down a bad shilling—I pretended to get change, secured him, and gave it to Damerell—on the Sunday night I was in the parlour behind the shop, and noticed the prisoner—I believe he is the man.
DAMERELL (policeman, H 140). Mrs. George called me to the shop, and gave the prisoner into custody—I received a shilling from her, and another from Page—I found on the prisoner 2s. 10d. in silver and 7d. in copper—I asked his address, and he said that he had got none.
Prisoner's Defence. I am not the party who was there on Sunday night.
GUILTY .* Aged 19.— Confined Six Months.
MR. BODKIN conducted the Prosecution.
JANE MANN . I am a widow, and keep the Alma coffee house, Commercial-road. On Tuesday, 5th Aug., about half past 10 o'clock at night, the prisoner came, and asked for a half pint of coffee, and two slices of
bread and butter—I charged her 2d.—she gave me a half crown, I put it on the shelf, and gave her the change—two or three minutes afterwardi I went out, and as I returned she said that the coffee was so hot she could not stop to drink it—she was out of the house when she said that, and was running—I wont in, and found her coffee left—I took up the half crown, and saw that it was bad—I had seen a small mark on the head, and have no doubt it is the same—I had no other silver—on Tuesday, the 12th, she came again for half a pint of coffee—I was confident she was the same person, and sent my sister for a constable—while she was gone, the prisoner wanted to go past; I said, "Stay a minute"—she said that she wanted to go, that she was never in the house before, and said, "A gentleman gave me the half crown in the Commercial-road"—I had not mentioned any half crown, and she had not heard me send for a constable—I kept it in my hand, and gave it to the officer with the first one, which I had kept sealed up in a piece of paper.
Prisoner's Defence. I gave the lady but one; I did not know it was bad; I am an unfortunate girl.
GUILTY . Aged 18.—Recommended to
mercy by the Jury.— Conjined Two Months.
MR. LILLEY conducted the Prosecution.
EDWARD KINLOCK . I am assistant to Messrs. John King and others printers, of No. 63, Queen-street, Cheapside. On 12th July, between 11 and 12 o'clock, Mr. King called me into the counting house—I found the prisoner there—Mr. King asked him what he had come for, he said that he had called for an account—Mr. King asked him from whom, he said, "From the Civil Service Gazette"—by Mr. King's direction I sent for a policeman—Mr. King stepped into a little closet to wash his hands, I then saw the prisoner take a little red book from his pocket, tear out some leaves, and tear them up into very small pieces, part he put into his pocket, and a few he threw on the ground—Mr. King asked him repeatedly for his name and address, but he refused to give it—he begged hard to be let go, said that it was all a mistake, and he would take care that it did not occur again—there was an account due to the Civil Service Gazette from Mr. King—he is a printer, not an advertising agent.
Prisoner. I asked him for an account of advertisements in the paper. Witness. No—he assured Mr. King that it was entirely a mistake—I heard nothing about advertisements till we were at the Mansion House.
MR. LILLEY. Q. What was it you first asked him? A. Mr. King said to him, "You say that you have called for an account"—he answered, "Yes."
JOHN THOMAS KING . I am a printer, of No. 63, Queen-street, Cheapside. I have one partner—I am part proprietor of the Civil Service Gazette, and employ the paper as a medium of advertising—on Saturday, 12th July, the defendant came, and said that he had called for an account from the Civil Service Gazette, for advertising; in just the same way as collectors ordinarily call for accounts—I put the question to him, and he said, "An account for advertising"—I was sure from my connection with the paper that he was not employed there—I called Kinlock, and in his presence the prisoner
repeated that he had called for the account, and that it was quite right—when he saw some little hesitation in my manner, he pulled out a little memorandum book, as collectors usually do, who come in the ordinary course; he had a list of names in his hand which he afterwards tore up, and which I subsequently put together, and discovered that it contained the names of various advertisers in the paper—there was an account of 7l. or 8l. due from me, and an account of 3l. 15s., which, if I had not been connected with the paper, I should have paid in due course—I sent for an officer, and while he was being fetched, the prisoner begged to be forgiven, and said that he was a respectable young man, and it would be his ruin if he was taken up.
Prisoner. Q. Did not I ask you for an account of advertisements in the Cwil Service Gazette? A. You asked distinctly for the account—you did not laugh when I sent for a constable, you begged for mercy.
MR. LILLEY. Q. Was the defendant employed on that paper? A. He was not, I am the managing proprietor.
JOSEPH COMBER KNIGHT (City policeman). I am employed as a detective—I was sent for, and Mr. King gave the prisoner into my custody—the prisoner said that he hoped he would not be harsh with him, and give him in charge, as it would be very serious with him—Mr. King said, "If you will satisfy me who you are, and that you have not been going on long with this game, I will forgive you,"but the prisoner would not satisfy him—I took him to the station, and found this memorandum book in his pocket, with most of the leaves torn out, and a quantity of paper torn up, and some more was picked up in Mr. King's warehouse—they are very small, but here is one with the name of one of the advertisers in the paper—there were two receipt stamps in the book—he gave his address, No. 12, Baker-street, Manchester-square—I went there, but he was not known—I only went to one Baker-street.
COURT to JOHN THOMAS KINO. Q. Did he state that he had come for a particular sum of money, or for any sum of money? A. No.
NOT GUILTY .
OLD COURT.—Thursday, August 21st, 1856.
PRESENT—Mr. BARON MARTIN; Sir PETER LAURIE, Kni, Ald.; Sir CHAPMAN MARSHALL, Knt., Ald.; Sir JAMES DUKE, Bart., Ald.; and Mr. Ald. FINNIS.
Before Mr. Baron Martin and the Fourth Jury.
PLEADED GUILTY . Aged 62,— Six Years Penal Servitude.
MESSRS. HUDDLESTON and BAYLEY conducted the Prosecution.
MARY LEE . I am servant to Mr. Allcock, who keeps the Sovereign public house in Upper St. Martin's-lane. On Tuesday, 8th July, the prisoner and two other persons came to the house—they went into the parlour
—the prisoner called for soda water and brandy, and a pot of ale—I heard him speaking to the two men; what they spoke about I cannot tell—I returned to ask him how much brandy he would take, and he said 6d. worth—he took a 51. note out of his pocket, and said he wanted it cashed—I went to take the note up, and he told me to leave it there till I brought the pen and ink, and he would write his name upon it—I bought the pen and ink when I brought the rest of the things, I did not see him do anything with the pen—he ordered some more brandy and soda water, and I went put fo the bar, and the barmaid would not give it me—the prisoner gave me the note—I noticed the name of James Johns on it—I did not notice whether the writing was wet or not; it seemed as if it was free done—this is the note (produced), I gave it to Miss Dewing—I then went to the parlour, and told him he would haye his change in a minute or two—he said, "I hope you won't be very long, because I am in a hurry."
Prisoner. Q. Do I understand you to say that I took the note out of my pocket? A. Yes, out of an inside coat pocket, or from some hers inside—I told the, Magistrate you took it out of a pocket book; so you did, you took the pocket hook out of your pocket, took; out the note, and laid it on the table—I mentioned the pocket book at the first examination—I did not say that the note lay on the table when I came into the room—it did He on the table when I went to take it up—the witness, Smith, at next to you; it seems that the pocket book belongs to Smith—I did not hear Smith tell the Magistrate that he had left it behind, because then was no money in it, and he did not care about it—I know this is the nots you gave me, for a good many reasons; I know it by the name that is on it—I noticed the name as I was taking it to the bar—the barmaid came to the parlour door and said she was sorry she could not change it, as master and mistress, were not in the way—master was in the cellar at that time she did not say he was out—I did not hear you say, "You can keep the note till he comes in"—I never knew Smith to change a note—I have known Smith since I have been, at that situation, about seven months—I knew the other two men who were in the parlour, by sight—I did not know their names, Laurence was one—I have known him since I have been there, by coming in and out daily—I do not know that he has been in prison—I do not recollect whether I had ever seen you before.
JURY. Q. Were the ale and brandy served in the parlour, or in front of the bar? A. In the parlour; I took it in—I took the note from the prisoner.
JANE DEWING . I am sister-in-law and barmaid to Mr. Allcock. on 8th July Lee gave me what appeared to be a 5l. Bank of England note—I noticed the name of James Johns on it—I went into the parlour, and asked the prisoner if he could pay me with anything else, as Mr. Allcock was not in the way—he said he could not—he said, "How long will Mr. Allcock be before he is in?"—I said, "Not long"—I had tfce note in my hand—I laid it down till Mr. Allcock came from the cellar, and then I gave it to him.
Prisoner. Q. When you left the parlour, Smith left with you, did he not? A. He came out a little while after me—several persona at the bar looked at the note, in my presence; they saw it in our hands—I am not aware that they examined it—I kept it in my possession till Mr. Allcock came—I am not aware tiat Smith ever handed the note—the Magistrate asked me what Smith was, talking about at the bar, because. I said that he stoot at the bar when he came out of the parlour—I did not say that he
was speaking about the note beilig a forgery, I said I did not notice what to was talking about—Mr. Allcock supposed the note to be bad directly he saw it—I gave it into his hands—I did not see give it to any one else—he took it to Mr. Pontifex, our next door neighbotir.
JOSEPH ALLCOCK . I keep the Sovereign public house. On 8th July last when I came up from the cellar, I received a 1l. note from the last—I examined it—I noticed the name of James Johns oil the back of it—it appeared to have been just written—after looking at it for some minutes, and comparing it with another one, I took it to my next door neighbour, Mr. Pontifex—I brought it back again, and went to the prisoner he was in the parlour alone—I asked him where he got it from—after hesitating for a while, he said that he took it in the Edgware-road—I asked him where—he said, "At the Green Man public house"—I said, "From whom?"—he said, "From ft horee dealer there," but he did not know his in I told him that I was pretty Satisfied thai it was a forged one, and unless he gave some very satisfactory aocount of himself, I should give him in charge—I went out and lent for a policeman—I stood Outside the parlour door waiting for the policeman, and in the meantime the prisoner came out, of his own accord—I still told him that I was satisfied it was a good one, and he said I had changed it, that I had kept hid good one, and given him this bad one—the prisoner was standing in front of the bar when the policeman came, and I gave him in charge—he still said that I had changed it—I went with him and the policeman to the station to give the charge—as we were going up Long-acre the prisoner said, "The old man Was in front of the bar when you removed me, that I took the note from"—I said it was very strange he could not tell us that when the policeman wste going to remove him—at the station home he told the inspector that he met three or four horse dealers in Tottenham Court-road, and he gave one of them, meaning Smith, five sovereigns for it—he did not mention Smith's name, he called him, "The old man," and he said "This is the man's pockets book that I gave the five sovereigns to."
Prisoner. Q. When I came to the bar where you, and the policeman, and several more were standing, I believe you said, "This is the man that the note belongs to"? A. I said you were the person that gave my servant the note—you asked to look at the note, and then mid it was not the note" you had tendered, and it must have been changed by me, or some one elsa; that the name on the note was not the same, and you never wrote it—after hearing what you said at the station, I went back with the policeman to my house—Smith was still there—I called Smith to the back of the house, and said to him, "Why, he charges you with it, Mr. Smith; he says he gave you five sovereigns for it in Tottenham court road"—Smith was perfectly sober—you wew quite sober, you knew What you were about—I did not tell the Magistrate that you Were the Worte for liqure—I believe that officer said he believed you were the worse for liquor—when I went into the parlour to you, you were alone the other two men had gone away—I told you at the station house that it would have been a serious lass to me, if I had happened to have cashed it; you would have gone, and so would my money—Smith never changed a note with me, or with my wife, she never changes notes for any one without asking me—Smith did not change a note with my wife on the Satarday afternoon—my wife never told me that he did, I know that he did not—this is the note you gave to my Servant—I know nothing about any other—I do not know that Smith in the guilty party.
JOHN SMITH . I am A commission agent, and live at No. 14, Wakefieldmews, Wakefield-street, Brunswick-square. On Tuesday, 18th July, I was outside the gate of Aldridge's Repository, in St. Martin's-lane, with Lanrence and another person—the prisoner came up, looked for a moment, and said, "I want you chaps to come and take a glass of ale"—we accepted him invitation, and went across to the Sovereign public house, and went into the parlour—he asked what we would take—we said, "A glass of ale"—he called for a quart of ale, and then asked for some brandy and soda water—he then said, "Has 'ere a one of you got a pencil in your pocket you can lend me?"—I pulled out my pocket book, put it on the table, and said, "You will find one there, sir"—I did not notice whether the prisoner did anything with the pocket book, I was talking to Laurence—the prisoner rang the bell for the girl, and gave her this note, I expect, to get change—I did not see what it was, I did not notice whether it was a 10l. note on 5l. note—I did not get my pocket book again—I went out to the bar to light my pipe, and Mr. Allcock came in, and said it was a bad note, and where was the man that gave it—the girl said, "In the parlour," and he said directly, "Lock the door"—I never saw my pocket book again till it was shown me at the police office—I had never given the prisoner a note to change—I never saw him before.
Prisoner. Q. I believe you said I wanted to borrow a pencil of you? A. You did so—I cannot tell what it was for—I thought perhaps you had been down the yard, and got a catalogue to mark the horses—I had not been in your company two minutes—I was in the parlour when the barmaid came; I sat next to you—I saw the pen and ink; I did not notice whether you were writing or not; I saw you with a pen in your hand; I was not noticing what you did with it—I never saw the note till I was before the Magistrate—I did not see you take it out of my pocket book—I have never seen my pencil since, except once in the solicitor's hands—when I said I was only two minutes in your company, I meant before we went into the parlour—we were in the parlour perhaps a quarter of an hour—I stopped there two hours after you went away—I am not aware whether you signed the note or not—I did not sign the note previous to going to that house—I did not ask the barmaid at another house to lend me a pen and ink, and then sign it, and put it into my pocket book.
Q. You told the Magistrate, you had been and bought a horse for twenty-five guineas, and the repository is not open on Tuesday? A. I said I was examining the horse on the Tuesday, and bought it on the Wednesday—you did not give me five sovereigns for the note—I had not 5s. in my pocket—I never saw the note, and never had it in my hand—I have lived twenty-two years in the parish of St. Pancras.
JURY. Q. Did you change any note with Mrs. Allcock on the Saturday previous? A. No, certainly not; I swear that.
DAVID LLOYD (policeman). On 8th July I went to the Sovereign public house—Mr. Allcock said, "I charge this man with tendering this note to me"—the prisoner said, "That is not my note, and the parties that I have been drinking with must have changed it"—I took him to the station—he said there he took the note of an old man in front of the bar, and gave him five sovereigns for it—he was asked by the inspector what he was—he said he was an upholsterer, and named some places where he worked; Mr. Last, a carpenter, of Bell-street, Edgware-road; and Mr. Moore, of Church-street Paddington; that they knew him very well—I searched him, and found this pocket book on him.
Prisoner. I do not believe that I said I worked for Mr. Last; I said that as far as he knew of me, for a long time, he could give me a character. Witness. All the character I can give of you is by seeing you about, and by visiting at a public house where I get change to pay my men—I never knew anything wrong of you—I never had any acquaintance with you.
MR. HUDDLESTON. Q. Do you know anything of him at all? A. No, I do not.
Prisoner's Defence. You have heard the servant say that I took the note out of a pocket book; now if John Smith sat next to me, it would be a thing impossible for me to do it without his seeing me; the note belongs to him, and no one else, and his signature was written, and given to the police to be brought here, to see whether it corresponded with the name on the note; my signature is here likewise, and if you look at the writing you will see whether it corresponds with mine; I know nothing about the note; I never tendered it; they screen Smith, because he is a customer now; but if he was innocent, the other two men would come into Court and say so.
GUILTY . Aged 35.— Four Years Penal Servitude.
MESSRS. HUDDLESTON and BAYLEY conducted the Prosecution.
WILLIAM GEORGE TEMPLE . I keep a public house in the Edgware-road, I have known the prisoner for the last three or four years. On Thursday, 26th June, about a quarter to 11 o'clock at night, he came in, called for a pint of 6d. ale, and wanted change for a 5l. note—he laid what I thought to be a of note on the counter—I asked who it was for—he said, for Mr. Richardson, at the Lime-wharf, Wharf-road, Paddington; that they wanted change to pay the men; they had just been emptying a lime barge, and the men were waiting for their money—I told him I had not got it—he said, "I won't have the ale then"—I said, "Oh, never mind about that; you can pay for that another time"—he then went away—he returned is about ten minutes, and said, if I would put my name on the back of the note, he could get it changed—I did so—I think I pat "Temple," in pencil, and the date—this is the note (produced)—he then went away—he afterwards came back, and paid for the ale, and had change for a sovereign—on Saturday, 28th, two days afterwards, Mr. Sellick came to my house with the note—I was in the cellar at the time—Mrs. Temple was in the bar—he asked for change, and she asked if she should give it, and I said, "Yes," seeing my name at the back—I paid it away to Mr. Burton, half an hour afterwards—I saw the prisoner at my house two or three times afterwards—I said it was rather too bad of him to bring that note to me, I had had it back again—I was not then aware that it was forged—he replied it was all right.
Cross-examined by MR. RIBTON. Q. You had known him before? A. Yes, bet ween, three and four years, merely as a customer—I will undertake to swear this is my writing—it has been through several hands since I wrote it—I can make it out—I had previously changed cheques for Messrs.
Richardson—they employ a good many workmen—the prisoner was in the habit of coming to my house daily—I do not know whether he came on the Friday; I saw him on the Saturday—it was on the Monday I spoke to him about the note—he said he knew where he got it from.
COURT. Q. What was the reason of your speaking to him about it in that way? A. Merely as a joke, knowing him before.
PHILIP SELLICK . I live at No, 106, Grand Junction-terrace, Edgware road, and am a tobacconist On Thursday night, 26th June, the prisoner came to my shop with a 5l. note, and asked if I would give Mr. Temple change for a 5l. note—I asked him if Mr. Temple's name was upon it—he said, "No"—I said, "If you will go and get Mr. Temple's name upon it I will give you change"—he went away—I saw him go into Mr. Temple's and then he returned with the note—I asked him if Mr. Temple had put his name on it—he said, "Yes"—I saw Mr. Temple's name on it, and gave him the change—on the Saturday afterwards I took that same note to Mr. Temple's, and Mrs. Temple changed it for me.
ALFRED GOSS . I am foreman at Mr. Richardson's lime wharf, Paddington. I employ and pay all the men there—I do not know the prisoner—he was not employed there on 26th June, nor to my certain knowledge for nine months before—I did not want any change on 26th June, nor did I send anybody for it.
WILLIAM PARSONS (policeman, D 182). I took the prisoner into custody on 5th July—I told him the charge—he said it was a bad job—at the station house he said he had it from a man of the name of Chinaman, who gave him 5s. for changing it.
Cross-examined. Q. You round him at his lodging? A. I did in bed, at 2 o'clock in the morning—there is a man about Paddington that the; call Chinaman—I believe he is out of the way now—his name is Carruthers—Chinaman is his nick name.
NOT GUILTY .
785. JAMES WILLIAMSON , feloniously threatening Robert Dye, to accuse him of an infamous crime, with intent to extort money. 2nd COUNT, for demanding money with menaces. 3rd COUNT, for assaulting him with intent to rob him.
MR. LOGIE conducted the Prosecution.
ROBERT DYE . I live at No. 2, Sion College-gardens, London-wall, and am a parish clerk. I remember Saturday night, 12th July, I shall never forget it—I was in Foster-lane, at the back of the Post-office, returning home, at a quarter past 10 o'clock, or shortly after—I had occasion to go into a urinal there—I did not notice the prisoner until after I had come out of it—the first thing that attracted my attention was somebody behind me, kicking against my heel, ad though by accident—I turned round, and the prisoner was behind me, he had apparently come out of the urinal; I think he was on my left hand—the said, "Where are you going?"—I said "Going; going home, of course"—he said, "Sir, I am a very poor youth I am starving—I replied, "I cannot help that, you are a stranger to me I have nothing for you"—he said, "Sir, I am starving"—I replied, "I have nothing for you"—he then said, in a louder tone, "You are a gentleman, I am starving, money I want, and money I must and will have"—I replied, "You will have none from me, that is very certain"—he said, "If I do not I will bring a charge against you"—I replied, "A charge! I do not know what you mean by a charge, neither do I know who you are"—he then informed me that a policeman bad obtained fifty golden sovereigns from a
person in Houndsditch by only sticking to him, but he, the prisoner, was starving, and only wanted a few shillings—I became paralysed by fear—I was walking on while this was pausing, I never stopped at all till I got to the gate of Sion College—the prisoner followed me, and kept close by my side—I had an umbrella in my hand—when I bad got within a abort distance of the College-gate, the prisoner said, "I need not follow you any further"—while I was opening the gate, which is a heavy massive iron gate, with my right band, the prisoner sprang forward and seized my umbrella from me, exclaiming, "By God I am an honest man, I am starving, I will not give up the umbrella unless you give me two shillings"—I went into the house for the purpose of getting some money, I left him outside the gate—I came back immediately with half a crown in my pocket, and the prisoner was gone, umbrella and all—I made a communication to the police next day, but I spoke to Mr. Lincoln that stone night, be resides in the house—on Monday night, the 14th, I saw the prisoner again, near 10 o'dock; he came to the house twice, the first time I was out—Mr. Lincoln opened the door to him—I was informed I was wanted, I went out and saw the prisoner on the mat in the passage; be took off his cap, made a police bow, and said, "Good evening, Sir"—I said, "Good evening, do you wish to see me"—he said, "Yes; you remember Saturday evening, I have, called for 18d.," but did not say what it was for—ie asked me to walk out—I went out—during this time Mr. Lincoln went for a constable; that was by arrangement—when I went out with the prisoner, he said, "Sir, you no doubt thought my conduct strange in nut returning with the umbrella, which you entrusted to my care"—I replied, "You mean the umbrella which you forcibly took from my possession?"—he said, "Do not say so"—I said, "I do say so, and although you might he starving, such an act was very wrong"—he said, "After I left you I met my father, who asked me some questions about the umbrella, I became confused, he found me out in two lies; I than toto him all about you, and my father said you must be a b—b—"—I said, "This is strange language, I do not understand it"—at that moment the police constable shook the front gates, in London-wall, where we had arrived by that time—the gates were looked; the constable said to me, "Sir, are the gates locked?"—I said, "It appears so, have you not your key?"—the prisoner laid to me, "Sir, what do the police want here?"—I said, "They have free access here when they please"—he said, "But what do they want have now?"—I replied, "They come in and out here when they please"—he said, "Sir, it seems very strange for us to stand here talking, let us take a little walk, and I will show you where your umbrella is"—I said, "I must inform the porter that the police are locked out here"—I then went to the gate in Philip-lane, on the outside of which were Mr. Lincoln, and the police constable, and on the inside stood Mr. May, the porter; and I gave the prisoner in charge for stealing my umbrella, and endeavouring to obtain money by threats—the prisoner said nothing then that I heard, but at the station house be denied all knowledge of it, and wondered that I was not struck dead, for he had not seen any umbrella—Mr. Lincoln went with me to the station in Moor-lane—the prisoner said he did not know why he was given in charge, and wondered God had not struck me dead, that I was a wicked man—the inspector read the charge to him twice.—he took the umbrella from me by force; I held it tightly, not that it would take great force to take anything from me, because I am not strong—there is not the slightest truth in the suggestion that I committed any assault upon him—I never gave bun any money.
Prisoner. Q. Why did you not give me in charge when I robbed you of the umbrella, as you specify? A. Because you had terrified me—you said that you would bring a charge against me—you did not name the charge—you said, "A charge"—I did not say before the Magistrate that you said an "unnatural charge"—I did not use that word—I did not give you 2s., nor any money—I had no money about me—I did not tell the Magistrate I had half a crown, but I had not change, or I should have given you 2s.—I said "I went up stairs and brought a half crown down in my pocket"—you did not tell me that you would give me in charge for catching hold of your person in the urinal, nor did I say "I hope you are not going to serve me as the policeman served Mr. Strange, give me in charge;" it is utterly false, every word—I did not know the name of Strange till you mentioned it—I did not say as we were going along, "Have you seen a case in the paper concerning Mr. Strange?"—I knew nothing of it, and do not to this day.
Prisoner. On 12th July, as I was coming down Cheapside, I had occasion to go into a urinal in Foster-lane; when I got inside, this person was in the centre division; he deliberately turned round, looked round the partition down at my person, and put his hand to my person; I said, "You old beast, what are you doing, I will give you in charge; he buttons up his trowsers very hastily, and walks out, and just as he went out, he turned round, and said, "I hope you will not do to me as the policeman did to Mr. Strange, that is, give me in charge, if you will not I will give you 2s., and make you a present of my umbrella; I have not the 2s. in my pocket, bat you shall come home to my residence for it;" he took me to his residence, and brought out the 2s. to me, and gave it into my hand, and told me to call again on Monday night, and he would give me 18d., and that would be all he could do for me, if I took no notice of it; is that true or not true? Witness. It is false, utterly false, I deny it entirely—I have no doubt that you watched me about, and I think I can bring proof of it—you inquired for me as an old gentleman, hump backed, seventy years of age, who always carried an umbrella—it was the way in which you behaved that caused me to be paralysed by fear, threatening to bring a charge against me—I did not tell the inspector that the reason I did not give you in charge on the Saturday was because I could not see a constable—the inspector said to me, "It was a pity you did not get your nerves a little stronger, and try and make for a constable, and give this fellow into custody."
WILLIAM LINCOLN . I live in the same house with Mr. Dye. About a quarter to 10 o'clock, on the night of the 14th, the prisoner came to the door with a knock and a ring; I answered the door—he inquired if Mr. Dye was in the way—he used the name, "Mr. Dye"—I told him he was not—he inquired what time he would be in the way—I told him about 10 o'clock, or a very little after—he then asked what time he could see him in the morning—I told him about 8 o'clock—he said, that would be rather inconvenient for him, he would rather see him that evening if he could—I said, "If you will leave your name or address, or your business, I will inform Mr. Dye when he comes in;" but he said he could not leave his name, nor yet his business, he must call again in about a quarter of an hour or so—he called again in about a quarter of an hour—I did not see him then—during that time Mr. Dye had come in, and I had told him about the person calling, and when he came the second time, I directly went for a constable, after desiring the porter to lock the gates—I got Lewis, the constable, and came back with him to the gate—I was present when Mr. Dye gave the prisoner in charge—the prisoner said nothing that I heard till he got to the station.
Prisoner. Q. Did you hear me say anything to Mr. Dye? A. I did not—you went out with him directly—I did not see you the second time you came—the room I was in was out of sight of the passage—I opened the door to you the first time you came—you said, "Is Mr. Dye within?"—I said, "No, he is not; what is your business?"—you said you could not leave your name or your business—I do not recollect your saying, "It is not of any great importance."
GEORGE LEWIS . I was in the City police at the time in question, No. 148—I took the prisoner into custody on the night of 14th July—Mr. Dye gave him in charge for stealing an umbrella—on the way to the station the prisoner denied all knowledge of having seen Mr. Dye's umbrella—I did not hear him say anything more at the station than Mr. Dye has stated—I asked him his name and address—he said he lived in the streets, walking about the streets; he did not sleep anywhere particular.
Prisoner. Q. When you were searching me, did not the inspector turn round to you, when the name of Strange was mentioned, and say, "Take notice of that, constable"? A. I did not hear it—the inspector never said such a word to me—I never heard the name of Strange mentioned—you told me you had no residence, and you told the inspector the same—Mr. Dye gave you in charge for stealing his umbrella—he did not say anything more.
Prisoner's Defence. Of course, if I had been guilty of this charge, he would have given me into custody for it, but he only gave me in charge for robbing him of his umbrella; I am innocent of the charge laid against me; I never asked the man for a farthing; he caught hold of me, as I stated before, and offered to give me 2s. if I would take no notice of it; I was never in a court before; I have no friend or anybody to speak for me.
GUILTY . Aged 21.— Penal Servitude for Life.
MR. CAARTEN conducted the Prosecution, and MR. METCALFE the Defence.
NOT GUILTY .
787. GEORGE RICHARD WESTCOTT , unlawfully causing to be administered to John Walker a certain quantity of tartarised antimony, and thereby inflicting upon him bodily harm.—Other COUNTS, for a like offence upon Mary Ann Erode, and for carelessly and negligently selling a deleterious liquor for gin.
MESSRS. HORRY and GUY conducted the Prosecution.
JOHN WALKER . I live at No. 18, Compton-street, Brunswicksquare. On Sunday, 6th July, about a quarter to 11 o'clock at night, I went to the defendant's public house—Mrs. Erode, who lives in the same house as myself, sent me for half a quartern of gin—I saw the defendant, and asked him for it—he took a bottle off a shelf behind the bar—there were other bottles there—they were pretty close to where he was standing—he only just had to turn round to get it.
COURT. Q. You did not take a bottle with you; you got one from him? A. Yes; he lent me a bottle.
MR. GUY. Q. Is the bottle here? A. I believe so; I should know it if I were to see it—this is it (looking at a small bottle)—the prisoner did not use any measure; he drew the liquor from the tap into the bottle—he drew it quite full—he did not look at the bottle at all before holding it under the
tap, to see whether there was anything in it—Mrs. Brode was quite well, and never had a day's illness in her life, but she came home hot and fatigued—she was quite sober—I took the liquor back to Mrs. Brode, and she took it up stairs—she afterwards came down to me, and said, "John, you have brought me poison instead of gin"—she appeared very ill indeed—I tasted the stuff; it was not gin; it had not the least taste of gin; I only tasted it, and my throat was all on fire, I could not get any sleep all night—it was something very hot indeed—I could not get the taste out of my mouth—there are several persons here that tasted it.
Cross-examined by MR. SLEIGH. Q. I believe Mrs. Brode came home very tired and wearied, and sent you off for the gin as quick as you could? A. Yes; I made as muchhaste as I could—I did not take a bottle with me; I asked the prisoner to lend me one—as soon as I got the bottle filled I west back as quickly as I could—the stuff did not taste like gin; quite different altogether—I did not notice any one else in the bar—the lights were not turned out; the lights in the bar were alight; I did not notice the lights in the parlour—I did not notice that the prisoner was preparing to shut up.
MR. GUT. Q. Did you take anything there yourself? A. I had half a pint of beer, which I stopped to drink there—the defendant was present while stopped there, and he asked me if I would have the gin in the beer—the lights were not turned out—I did not see any one else present—I did not notice a barman—I think there was not any one else present.
MARY ANN BRODE . I reside at No. 18, Compton-street, Brunswicksquare; I am married; my husband is abroad. On Sunday, 6th July, went to Kilburn to spend the day with my brother—before going there, I locked my room up—I filled my teapot full of tea and hot water, to make cold tea, took it into my bedroom, locked the door, and took the key in my pocket—I came back from Paddington about a quarter to 11 o'clock at night—I walked the best part of the way home—I was very hot and fatigued, it was rather a showery evening, and I hurried home—I desired Walker to fetch me half a quartern of gin, and to ask for the loan of a bottle—he brought me back the bottle produced—I said, "John, you have brought me a good half quartern, this is nearly a quartern; as it is I shall divide it in two, and take one half this evening"—I took it up stairs into my bedroom, and took off some of my things, to get to bed—I poured about half of what was in the bottle into a tumbler of cold tea—I took about a quarter part of it—I experienced a dreadful burning and vomiting and on the Tuesday I was very much disordered in my bowels—I ran down stairs with the bottle, and said to Walker, "John, you have not brought me gin, you have brought me poisoa; who dravoed it?"—he said, "I asked Mr. Westcott to lend me a bottle"—I went as I was to Mr. Hopton, a surgeon, at the corner of Judd-street—I saw him, and told him I had been poisoned—he prescribed for me, and gave me a bottle of stuff—I left the bottle I had taken, with him—I was very ill for about four days—I went to Mr. Westcott on the Mondav morning: I did not see him: I saw a stout man, and left word with him—I went home, and in the afternoon Mr. Westcott came—I said to him, "Mr. Westcott, this is a very serious thing for you to send this poison instead of gin; Mr. Palmer has not poisoned enough, but it appears that you want to poison me"—he replied, "In the hurry of business, I am sorry I made a mistake; I suppose it was vitriol and copperas, or some other liquid, that was kept behind the bar to clean the bar and things"—I said, "Well, Mr. Westcott, that is a very serious thing"—he said, "It is a great blessing you did not take it neat,
for if you had it would have killed you"—he offered to pay the doctor's bill but he did not mean it—he sent me a bottle of wine, which I afterwards sent back, owing to his treating me with great contempt—previous to taking this I was never in better health in my life, and I have not been well since; it has caused me to cough and spit for the last three weeks—I have recovered from the cough now, still it has left a great sinking and almost fainting at times; I never had a cough in my life before.
Cross-examined. Q. This interview with Mr. Westcott was at your own bouse, he called upon you? A. He only called upon me once—he expressed his sorrow for what had happened, and offered to pay the doctor's bill but he did not intend it, or making me any remuneration, because on Tuesday I was taken so ill I thought I should have died, and I sent fox him twice to see the state I was in, and he sent back a brief message by a potman that he could not come—I have been in the habit of dealing at this public house for nearly five years—it is very little beer or gin either that I drink, but if I require a drop, of course I never go without it—I had not had anything from that house in the early part of the day, nor the day before, to my knowledge, because I had been ill, and had not taken anything.
Q. I thought you said you had never had an hour's illness in your life I A. I said I was never in better health than I was on that day—I have employed Mr. Pater, of Argyle-square, to conduct this prosecution—I have paid him money for that purpose, I do not expect him to do it for nothing—I have paid him some.
MR. HORRY. Q. How many days ekpaed after you took this stuff before you went to any solicitor? A. I waited till Saturday—I went to Mr. Pater—he did not know anything about it till I went to him—I consulted him about what I should do—it was by his directions that I took out g summons before a Magistrate—I am responsible to him for any expense he may incur, independent of what I have paid him—the defendant only called upon me once—I sent for him twice on the Tuesday, because I considered myself very dangerously ill, but he never came afterwards—he has not paid the surgeon's bill—I did not know Mr. Pater, only by seeing his name on the door.
GEORGE OCTAVIUS HOPTON . I am a surgeon, at No. 80, Judd-street Mrs. Brode came to me late on the night of 6th July; she stated that she had taken some sort of liquid that was sold to her as gin—she produced a bottle—I believe this to be it—she was very considerably depressed, and complained of considerable nausea, and vomiting, and a sensation of burning at the throat, and at the pit of the stomach—I tasted the stuff in the bottle, it was not spirit—it had not any taste of gin—it seemed to me a metallic body in solution—I think it was such stuff as would produce the effect she seemed to be under—I prescribed for her—I saw her again next day; she appeared decidedly relieved—she continued to complain—I have attended her up to the present time, as near as possible.
Cross-examined. Q. You do not mean to say that there is not any spirit in the contents of the bottle? A. I mean that as far as I could physically judge, there was no spirit that I could detect by the palate—I do not know Mr. Bolton, an analytical chemist of Holborn—I know there is such a person—I swallowed none of it, I only applied it to my tongue.
MR. HORRY. Q. I suppose you mean that if there had been any spirit, the taste of it was overcome by something else? A. Yes.
Brode handed to me—I experienced a very nauseous taste and sensation in the throat, and the tip of my tongue was sore for three or four days afterwards.
CHARLES COOKSLEY . I live in the prosecutrix's house. I tasted this stuff on the Monday morning—it caused my tongue to be rather rough—I merely just tasted it, put it to my tongue, and spat it out again; it was very bad—I could not taste any gin in it.
ROBERT LAMBERT (policeman, S 135). I am summoning officer at the Clerkenwell police court. At the hearing before the Magistrate, Mr. Hepton produced this bottle—I had it under my custody—I sealed it up—I handed it to Mr. Harding, the chemist—when I produced it on the first occasion, I found that the seal was broken, it was very hot weather, but it never went out of my custody—the bottom seal was not broken—nothing had been put into it from the time I received it.
RICHARD BAYLIS . I am usher at the Clerkenwell police court. I was not present when this bottle was first produced—Mr. Moule, the chief clerk, gave it me to take care of, in the Magistrate's presence—I kept it locked up ever since, and have produced it to-day.
Cross-examined. Q. This morning you produced it for the purpose of being analysed by Mr. Bolton, the chemist, of Holborn? A. Yes, he analysed it in my presence this morning.
WILLIAM HARDING . I am an analytical chemist, lately of No. 15, Southampton-buildings, now of Tysoe-street, Clerkenwell. This bottle was produced to me by Lambert, of the Olerkenwell police court—I tasted it, and formed an opinion about it—I then tested it, on the following day—the result of that test was, that I found it contained tartarised antimony, commonly called tartar emetic—previous to doing that, I discovered the metallic taste in my month most distinctly—sometimes a quarter of a grain of tartarised antimony will produce sickness and vomiting, sometimes half a grain, and sometimes a grain—it acts upon the bowels, and produces purging—I left about as much as there is here after testing it—I did not discover any gin—it must be taken into the stomach before nausea is produced—I could not detect any spirit in it.
Cross-examined. Q. Not at all? A. I could not—I analysed it in the presence of the Magistrate, for the purpose of ascertaining what the component parts were—I am an analytical chemist—I have two laboratories that I can make use of, one in the City—I have none of my own at present—I am the gentleman who yesterday described myself in this Court as an amateur practitioner—I made use of that expression with regard to surgery—I am not a member of the Pharmaceutical Society or of Apothecaries Hall—I mean to say that I could not distinguish any alcohol in this liquid, I did not test for alcohol—I could not distinguish any by the palate.
JURY. Q. What is the solvent of tartar emetic? A. I used the infosion of gall—the deposit was the sublimate of antimony—it was not in a vinous solution, an aqueous solution—it is not tinged with the violet, which it would have been if composed of spirits of wine—I have been an analytical chemist twenty years, and have been employed as such.
COURT. Q. By whom were you last employed? A. Not in a case of this kind, it was by a firm in Clerkenwell, about a month ago, Messrs. Parratt and Moran, of No. 27, Great Mitchell-street—they are artificial flower makers—they are in the habit of using metallic substances for colouring—I have never been employed by any druggist, I have been always on my own basis—the business of an analytical chemist is to practice in the analysis of chemicals—I do that as a matter of business—for
three years I was engaged in a firm in Kent-street, in the Borough, Kitson and Robinson, soap manufacturers, but they dissolved partnership more than a year ago—I was there engaged to analyse alkalies—I have no licence, I was in partnership with a person who had one.
COURT. Q. Did you formerly live at Bristol? A. Yes—I did not deliver the notice to Mr. Westcott, I left it with his wife at his dwelling house—(This was a notice to the defendant to produce his licence; MR. SLEIGH stated that the defendant had only been in the house a few days, and the licence had not been transferred.)
Cross-examined. Q. Did you happen to look at the name over the door? A. Yes, I did look, but I did not see any at the door I entered—I did not see the name of Jenkins—I only looked at one door—I did not look particularly to see whether there was any name, I understood it was Mr. Westcott's—I did look over the door, there was no name painted over the door I entered, I did not see any name—I do not know the defendant.
(MR. SLEIGH submitted that there was no offence proved, that it was a mere accident and mistake; MR. BARON MARTIN inquired whether any precedent existed for an indictment of this description; MR. HORRY was not aware of any, but contended, upon the authority of 5l. Hen. 3 and 2 Edw. 6, c. 10, that the defendant, being a common innkeeper and taverner, and having as such an exclusive right to the sale of victuals to the public, which he was bound to supply in a wholesome form, instead of so doing, sold a deleterious liquor; andin support of the argument that this was an indictable offence, he referred to Coke's Institutes, 3 Fleeter; Kitchen on Court Leets, Rex v. Granville, 2 Raymond, 1179; Macartney and Farnbow, 2 East, 723, and 1 Hawkins, 714; Rex v. Treves, East's Pleas, 821; Rex v. Dixon, 4 Campbell, 12 and 14, and 3 Maule & Selwyn, 14; and Burnby v. Bollett, 16 Meeson & Webby, xvi 645; MR. BARON MARTIN suggested, that as he entertained considerable doubt whether this amounted to a criminal offence, a case should be reserved for the Court of Appeal; it was clearly not an offence within the statute; if it was anything it was a common law offence; the JURY expressed an opinion that it was not satisfactorily proved that the contents of the bottle would have poisoned any one, and that they could not rely upon the evidence on that point.)
NOT GUILTY .
NEW COURT.—Thursday, August 21st, 1856.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
MR. RYLAND conducted the Prosecution.
FRANCIS BROWN . I am a news agent, and live in Bowcommon-lane. On Monday night, 7th July, I closed my dwelling house, about half past 10 o'clock—everything was then safe—I came down next morning, just upon half past 4 o'clock—I discovered my parlour window open—I called my
son, and then I discovered my kitchen window open—both the windows were fastened over night—I saw two youngsters, one in the adjoining yard, and the other just getting over the wall from my house—I saw them distinctly, they were the two prisoners—on the over night there had been a tea caddy on the sideboard in the parlour—I found that tea caddy in the morning on a little table in the kitchen, and it was open—I missed a pair of buckles which had been in the caddy—I missed a teapot—it was in the kitchen the night before, and was not there in the morning—all those articles were my property.
Cross-examined by MR. RIBTON. Q. How came you to be up so early as half past 4 o'clock? A. I am in the habit of going down every morning to see the clock which is in the parlour, to see if it is time to wake my son, who sleeps up stairs—I saw the two youngsters, one had got over the wall, the other was getting over—I could not distinctly say which of them was over the wall—I saw their faces, as by my coming down they seemed to be astonished at seeing me—when they got over the wall they went into the adjoining house, which is empty—I saw them no more till they were in custody—I called my son that morning—I was in the parlour, looking out of the window, when I saw them getting over the wall, which is about two yards from the window—I cannot say whether they got in at the parlour or the kitchen window.
ROBERT SMITH (policeman, K 350). On the morning of 8th June I saw the two prisoners, about half past 4 o'clock, in St. Ann's-road, which is nearly a quarter of a mile from Bow-common-lane—I did not speak to them—in a few minutes afterwards, in consequence of information, I went after them—McCarthy was with me, we came up with Melville, who had got from a mile to a mile and a half from the place where I saw him before—that was the distance I ran round to take him, if I had gone straight it would be something less—I stopped him, and said he must go with me on a charge of breaking into a man's house on my beat—he said, "I have not done anything"—I took him to Mr. Brown—he said, "They are the vagabonds"—the prisoners were together at that time—I took Melville, and McCarthy took Davis—the house next door to Mr. Brown's is empty—I searched it after the prisoners were locked up, and found this teapot and this lead pipe, which is not mentioned in the indictment.
Cross-examined. Q. When you charged Melville with entering a gentleman's house, did he not say that it was not him? A. No; he said, "I have not done anything"—I did not see anybody else about, only the gentleman who told me of this—the prosecutor's house is on my beat—I had passed by it a quarter of an hour before.
PETER M'CARTHY (policeman, K 372). I went with Smith in pursuit of these lads—they were running across a field—I directed Smith to go one way, and I went another, and intercepted them—I took Davis, and Smith took Melville—I told Davis that some gentleman had made a complaint to my brother officer of a burglary having been committed, and they were suspected of it—he said he was not there at all, he was at the Mazeppa coffee house in Whitechapel—I went with the prisoners to Mr. Brown, and he said, "Those are the vagabonds that broke into my house, I saw them in the yard"—I took them to the station, and afterwards examined Mr. Brown's house—there were marks both inside and outside the back parlour, which appeared to me to be of a chisel, it was some cutting instrument—the mark was where the catch of the window was, and it is my opinion that with this instrument they removed the catch, and opened the window, and got in that way—I did not find anything about the prisoners that I
could compare with the window—I found these silver buckles, which the prosecutor sets great value on, in the dust heap of the empty house—I asked Davis to take his shoe or boot off, and I made an impression with it, which exactly corresponded with other marks that were in the yard or garden—I made an impression by the side of one, and they exactly tallied—Smith asked Melville to take his shoe off, and he made an impression with it, which exactly corresponded with the smaller footsteps.
Cross-examined. Q. Did you see marks that would lead you to suppose that there was more than one instrument? A. No, I cannot say that—there were footmarks in the yard—part of it is a garden, a few yards round—it is a clayey soil—there were marks in the clay; it is very soft indeed—there had not been rain, it was a very fine night—one of them was a very large boot, the other a small shoe—my prisoner had the largest foot; I think what he had they call a Blucher—I think there were nails in it—I cannot tell how many, or which part the nails were in—I think he had an iron tip on the heel of the boot—I made only one impression, and my brother officer made the other—I tried the right boot—it was a large sice, I thought it was much larger than mine.
MELVILLE— GUILTY . Aged 18.
DAVIS— GUILTY . Aged 18.
Confined Nine Months.
MR. ROBINSON conducted the Prosecution.
HENRY GEORGE KEYWORTH . I am a printer, and reside at Cirencester, in Gloucestershire. On 4th June I sent two halves of two 5l. country notes in this letter to Mr. Cassell, of Playhouse-yard—on 7th June I sent up the other two halves—I received this receipt and this letter acknowledging the receipt of the first two halves.
THOMAS DIXON GALPEN . This receipt and this letter are the prisoner's writing—(Read: "5th June, 1856. To Mr. Keyworth, Cirencester—Dear Sir, I beg to acknowledge the receipt of two halves of two 5l. notes, the receipt for which will be sent on your forwarding the remaining halves." "Received, 9th June, 1856, of Mr. Keyworth, of Cirencester, 10l. on account for the supply of Country Paper. J. Cassell, by C. L.")
MR. ROBINSON. Q. What were the notes you sent? A. One was for 5l. on the Gloucestershire Banking Company, Stow and Morton, No. 373, dated 5th May, 1854; the other was on the Gloucestershire Banking Company, Cirencester Branch, No. 879, dated Nov. 12, 1855.
WILLIAM CHARLES FROST . I am a bookseller, at Bridport. I sent up to Mr. Cassell, on 24th or 25th June, either the half of a 10l. note, or the halves of two 5l. notes—I received a letter acknowledging the receipt of the first halves, but I destroyed it as soon as I received the receipt of the second—this is the receipt.
GEORGE WILLIAM PETTER . I am in partnership with Mr. Galpin, of Playhouse yard, printer and publisher. We print the Country Paper—Mr. Cassell is interested in that paper—we keep an entirely separate account of that paper, totally distinct from other business—the prisoner has been in our service about twelve months—it was his duty to attend to the business of the Country Paper—this is the ledger that the prisoner was in the habit
of keeping respecting that paper—there was also a day and a cash book, at one side of which were entered the orders, and charges against the customer and on the other side the remittances received from them—it was the prisoner's duty to open letters addressed to the firm, and if remittances were sent up, it was his duty to take it to the day and cash book, and to enter the remittances on the credit side of the day and cash book, with the name of the person from whom he received it—these remittances were made to Mr. Cassell on our joint behalf—he was to make out a memorandum that day, or the next day, as it might be desirable to send the cash into the bankers—that was not necessarily done every day, but before taking money to the bankers, he had to make out the account—that in the ordinary course would be an abstract from the day and cash book of the various sums received, but omitting the names of the customers—it was a recapitulation of the amounts by which we ascertained that he had them correct.
COURT. Q. Before the next time of taking money to the bankers it was his duty to make out an account from the last time of taking it, omitting the names of the customers, but stating the amounts in the cash book? A. Yes.
MR. ROBINSON. Q. Having made out that account, what was it his duty to do? A. To take it to Mr. Good, our general cashier, and have it checked and signed by him; and then it would be the duty of Mr. Good to make an entry in the general cash book of the whole amount; and after the account had been so checked, it would be the duty of the prisoner to take the money to the bankers, having previously made an entry in the bankers' deposit book of the several amounts, and the Post-office orders—this book (produced) is the prisoner's writing—it is the banker's deposit book—it purports to be the amount the prisoner paid in to the bank on the 9th June—besides the amounts the prisoner received in that way there would be other amounts which he was to take to the bankers, which were sums handed to him by me—the amount paid in by him with reference to the Country Paper that day, would be 25l. 6s.; and there is here an amount of 10l., which, was a draft on Prescott's—that I account for otherwise—here is no entry on 30th June, or 1st July, or 2nd July, of the 10l. received from Frost.
COURT. Q. Are the entries made in the handwriting of the prisoner? A. No, he was absent on 2nd July.
THOMAS DIXON GALPIN re-examined. The entries of 30th July are the prisoner's, the entries of 2d. July are not—he was absent on 2nd July—it would be the prisoner's duty to enter it when he received it in the cash book—in the ledger there is an entry—there is credit for 10l. on 30th June.
GEORGE WILLIAM PETTER re-examined. Q. Do the entries of the No. 206, refer to the cash book? A. Yes; in the entry of this other 10l. to Mr. White, the reference is there to No. 206, as well; so that that No. 206 would be the right place in the cash book for Mr. Key worth's, supposing it had been entered—it was the prisoner's duty, when he paid money to the bankers, to make out a lift of the sums he paid in—here are the lists of 9th June, and 30th June, the 10l. appears in neither of them—the receipt is 1st July, and the credit in the ledger 30th June—it was the prisoner's duty, on receiving money, to send receipts, and to enter in the counterfoil of the receipts the amounts received, and the names of the persons from whom they were received.
Prisoner. Q. You say there is no entry in the banker's duplicate book on 1st July? A. I cannot find an entry on 1st July—there is an entry on 30th June, and the next is on 2nd July—I believe you were away that
day—you were away about that time—I recollect at the time you were absent receiving a letter stating that you were away on the plea of illness.
Q. What date is the entry in my writing after 30th June? A. It follows the entry of July 3rd, but you have not put the date; but your next writing following July 3rd, and being before July 5th, I conclude it would be July 4th, but you have not put the date—I think you were away two days, if I remember rightly, I am not quite certain—I should know of your absence certainly, but I cannot say positively—I have an impression that you were away two days.
WILLIAM GOOD . I am general cashier in the prosecutor's employ. The prisoner was in the habit of bringing his cash book to me, with the amounts he had received since the last time of paying in—he was in the habit of showing me the cash book, and giving me a list—on 9th June the prisoner brought me this paper and his cash book—I examined it with the cash book and his money, and found them to correspond.
THOMAS DIXON GALPIN re-examined. It was the prisoner's duty to keep this day and cash book—on 9th or 10th July, I saw it in his possession—it was the day before it was lost—it was lost—I saw it in his possession about the middle of the day before—I spoke to him on the subject on the morning following, the day on which it was lest, and he told me he was using it at half past 5 o'clock on the previous evening, and that when he had done with it, he placed it down by his side on the desk—I heard Mr. Fetter ask him the size of the parcel he had taken out on the night previous to the book being missed—the prisoner said it was about the size of a parcel which was then on the desk—that was about ten inches by six—he said the parcel contained waste paper which he had asked for in the warehouse—I have never seen that book since—I have searched for it, we looked through the whole house, and took considerable time to look for it.
WILLIAM GOOD re-examined. Q. Look at this paper of 9th June: having examined the cash book, and this memorandum, and found that they corresponded, did you put your initials to this memorandum? A. Yes; in this memorandum there is no entry of the 10l. received on 7th June; here is "Stamps, 16s.; note, 5l.; draft, 10l.; cash, 5l.; stamps, 7s.; Post-office order, 1l. 1s. 6d.; ditto, 16s. 6d.; ditto, 1l. 1s.; ditto, 1l. 4s.—25l. 6s."—having checked this, and put my initials to it, I made an entry in my book of the gross sum paid in—that entry corresponds with the paper, leaving out the 10l.—this paper of 30th June was brought to me by the prisoner, I cannot exactly say at what time, most likely about 12 or 1 o'clock—the 10l. received from Mr. Frost does not appear here—I compared this with the cash book, and they corresponded in amount—the entry in my book corresponds with the entry on this paper—I have never received any account of these two sums from the prisoner.
Prisoner. Q. I should be glad to see those pieces of paper (They were funded to the prisoner); what are these four figures, are they in your writing? A. Yes, they refer to the date on which they were paid in to the bankers—I placed these dates on them five or six days ago, or it might have been ten days ago—in this paper of 9th June, here is an account of a 5l. note—that was a Bank of England note for 5l.—it was from Coventry.
Q. How do you know that there are not similar amounts paid into the
banker's on another day? A. There are not—when you made these out, I think they did not bear a date—I put the 9th June to these from their corresponding with the banker's duplicate book—I have looked through the book to see whether these items correspond with the accounts paid in the other day, and they do not, because I have looked to see—I looked about three weeks ago—I have looked to see that there are no amounts corresponding with those paid by you into the bankers on these days—there are 5l. and 10l., of course.
COURT. Q. But there are not all these particular items paid in on any one particular day? A. No.
THOMAS DIXON GALPIN re-examined. I have gone through the books—there is no account in any book, with the exception of the ledger, of these 10l. from Mr. Key worth, or Mr. Frost—on 2nd July I began to make extracts from the ledger—I began to post up all the books, to make out the half yearly statement of profit and loss respecting the Country Paper—I that consisted in my taking out the balances which appeared to each party in the ledger at that time—the prisoner was aware I was doing it—I had previously requested him to have the accounts posted up to that date, that I might do so—it would not be necessary to compare the entries in the cash book with the entries in the ledger—it was his duty to enter it in the cash book first before he posted it in the ledger—he might post up the ledger at his convenience—it is the rule to tend monthly statements to the customers—on 9th or 10th July, I had completed my examination of the books—I mentioned it in the counting house, I cannot say that the prisoner heard it—I made a communication with respect to the books I had examined; that was in the presence of other persons—it was in the nature of a complaint—I cannot say how many heard that complaint—there were more than one—I cannot swear that I spoke to the prisoner with reference to the book after I had made the discoveries—on the morning afterwards I missed the cash book, the day after I had completed the search—the receipt books I could not find—they were lost—I missed three of them—they would contain the account of the receipts sent to Mr. Keyworth and Mr. Frost—if I had got them, even without the cash book, they would enable me to see how much money had been received on account of the Country Paper—it was the prisoner's duty to keep the cash book and the receipt book in use—we sent the books to an accountant—he completed the examination of them on the 2nd of Aug.—we had the prisoner still in our service—he had received notice to quit—we spent two hours in going through the accounts with the prisoner—this deficiency of 9th June was mentioned—it was said, "Here is the 9th June, here is a deficiency of 10l."—the cash book and day book being lost, he took from the ledger the accounts posted to the credit of each customer, and put them down under their respective dates, only he did not compare the banker's duplicate book—on comparing it with the banker's duplicate book, there was 10l. deficient—he took the amounts from the ledger, and found the accounts corresponded with the customers' accounts—I had not then discovered that the 10l. deficient was that received from Mr. Keyworth—the prisoner did not account in any way for the 10l. deficient on 9th June—I gave him into custody.
Prisoner. Q. You say after I posted everything in the ledger up to 2nd July, you began to take out the amounts to ascertain the profit and loss? A. I took out the statement of profit and loss, and it appeared that the profit of that half year was less than it should have been—very probably I referred to the day and cash book—that was after the ledger had been
posted up, I believe—I found some entries not posted in—I do not recollect what entries they were—I did not post them when I found them not posted—I mentioned the subject to you—I have an impression on my mind that I called you up on one or two occasions) and complained that the accounts were not posted up—now you call it to my mind, I made a list of entries that had not been entered—I began on 2nd July, and on going through the book I made a list out—there were four or five different accounts which were not completed—you were absent on 2nd July, but I had commenced my scrutiny on 2nd July, because there were certain numbers of the account which had proceeded so far—after you told me you had posted everything, I found some deficient—when the cash book was lost, I had finished taking out the balances from the ledger; the result was, I found a large amount due—that was, I believe, on 9th or 10th July.
MR. ROBINSON. Q. On turning to the account of Mr. Keyworth, would there be anything in that entry to call your attention to it? A. No.
COURT. Q. And he has not accounted to you for any of these sums? A. No.
JOHN CASSELL . I am the publisher of the "Educational Course," and have an interest in the Country Paper. The monies of these two accounts have never been paid to me—I never received any money of the prisoner.
JAMES COX . I am in the employ of Messrs. Masterman, the hankers, in Nicholas-lane. I have heard the description of these notes given by Mr. Keyworth—I found those notes about 9 o'clock in the morning on 10th June; that is a token that they had been changed at our banking house on 9th June—our bank is the agent of those two banks in the country.
CHARLES JAMES TAPP . I am clerk in the London and Westminster Bank, in Loth bury. I produce these two statements in the prisoners handwriting—these two papers are issued from the bank in blank, and each customer fills up the amount he pays in—one of these was paid in on 9th June—there were no country notes entered in that account, and no money was paid in but what is here—on 30th June this other money was paid in, and no more.
GEORGE HOLT MASON examined by the Prisoner. Q. Do you recollect my taking a parcel of paper out of the counting house about a month before I left? A. Yes, you had a parcel, and remarked that it was waste paper—it was about the size of one of these books, but more of a roll—the cash and day book was about the size of this book—I do not think that the cash and day book could have been in that parcel, unless it bad been doubled up—it was my place to lock the books up every evening—you never did it unless I was absent—you were about leaving at the same time I was when you took the parcel away—I cannot say whether you went at the same time—we did not, because I was not going the same way as you did, or else I should have gone out with you—you told me you had got that parcel of waste paper from the warehouse—on tying it round with a bit of string you remarked that it was waste paper.
MR. ROBINSON. Q. When was your attention called to the loss of this book? A. On the following morning, about 10 o'clock.
COURT. Q. Do you remember anything about the cash book on that day that he went out with the parcel? A. I do not—I cannot tell whether the cash book was there—I put away all that I saw there—I cannot say whether I opened the safe the next morning.
Prisoner's Defence. What evidence is there to show that those two entries of 10l. each were not entered in the cash book and day book? it
has been assumed that these two sum, were posted into the ledger by me, without having entered them in the day book, and the only evidence that they have attempted to show as to the loss of this day book is, that I have entered the sums in the ledger and not in the day book, and that I was about to leave; they having discovered that there was a large amount due, and that sufficient money had not been received, they jump to the conclusion that I had abstracted the book; nothing had been said about examining the ledger when this parcel of waste paper was taken away by me; I had been in the habit of asking the foreman for two or three pieces of waste paper, and the use I made of it was to bring my lunch with me; I used the paper for that purpose; one morning I wanted this day book which was missing; I spoke to Mr. Mason and the lad, and asked where it was; they could not find it; it could not be found; it was then mentioned to the firm, and they had ascertained that I took away this parcel of paper, and I was immediately asked if I had taken a parcel of paper out; I said, "Yes;" search was made about the place again; the book could not be found; a detective was employed, and I was called up again and asked about it, and when I had had it; I recollected having had it the day before, at half past 5 o'clock; I had occasion to use it, and that was the last time I saw it; I had no occasion to use it further that day; well, this detective was told about the parcel of paper I had taken, and it was just such a parcel as you were just told about; I called for Mr. Clew, who gave me this paper, and he was asked if he had given me any; he said, "Yes;" I asked him how many sheets it consisted of; he said, "Twelve or fourteen;" they were sheets of double demy, and folded in this way (Folding a sheet of paper); it could not be a book; I brought it into the counting house, and tied it with string; I was out in a minute after Mr. Mason, and the only reason I did not go with him was, he was going over Blackfriars-bridge, and I was going the other way; we used sometimes to go and walk together; the detective was directed to go to my house and look at this paper; I directed where it was, and said it would be found, as I left it, with the wrapper and string; he went, and did inspect this paper; I will ask Mr. Fetter.
Prisoner to MR. PETTER. Q. Did you direct the detective, M'Donald, to go to my house? A. Yes—it was to ascertain whether you had any book or parcel—he came back, and brought a parcel with him, which he said he found at your house—he said he had not found a book—it turned out that you had taken a parcel of waste paper, and, after blaming you for so doing, I asked you what it contained—you said, "A small quantity of paper, about half dozen sheets"—you said it was waste paper—I sent for the ware-houseman, and said to him, "Did you give him a parcel?"—he said, "Yes"—I said, "How many sheets?"—he said, "That I cannot say positively; about a dozen, or there might be more"—the detective brought the paper—I can swear there were over twenty sheets, but I did not count them—the parcel was brought to me, and I have an impression that the book might have been contained in the parcel—when you were asked if you had taken the parcel, you admitted it.
Prisoner's Defence (continued). The officer went to my house while I remained at the counting house; he came back, and was with Mr. Petter and Mr. Galpin some time before I was called up; I asked him whether he had found the paper; he said, "Yes, but not the book;" some conversation ensued, and he was instructed to go again; he was there before I reached home in the evening; I found him there in conversation with my wife and another lady, who resides in the same house; he told me that he had seen
this parcel, and was quite satisfied that it contained no book; he said he asked my wife to look at the parcel of paper, and, having seen that, he said, "I wish to look at the book he brought home," and she said I had brought none; now how easy would it have been to have taken her off her guard, and have got the book, but there was no one; you have heard the witness Mason say that the parcel was rolled, and the book could not by possibility have been inserted in that parcel of waste paper; the paper was folded by the warehouseman, and he did not tie it round with string, because the string he had was so much thicker than what was in the counting house; I am accused of the loss of the day book; how is it proved that I did abstract it? I had no desk to lock anything up, but up to a certain hour, half past 5 o'clock, I used that day book, and after that time I have no knowledge of it whatever; I did not put it away that night, nor I never did, except in the absence of Mr. Mason; Again, what was the motive for taking away that book I and what was the motive for taking away the ends of the receipt books? if the accounts entered in the ledger did not speak for themselves, the receipts that the parties had would speak for themselves; and what proof has there been adduced to you that the items posted in the ledger bad not been posted in the day book? and what motive could there be for my taking away the day book I Mr. Galpin had finished his examination of the ledger, and I had received notice to quit, because I had given more credit than I ought to do this time; in order to see that the ledger was correct, a professional accountant was called in unknown to me, and the books were taken away, and the first time I had an opportunity of seeing them again was on the day of the expiration of my month's notice to quit; it has been stated that I had the custody of this day book; I deny it; if I had, why had I not the key of the iron safe? the loss of it was brought forward to make it out worse and worse against me; but it is only on suspicion, they have no proof whatever; I had only the charge of the books in use; the current receipt book in use was there regularly in it's place, and there was no attempt to alter it in any way, but, when they found that the receipt book ends could not be found, I am charged with this; Mr. Mason's duty was to lock the books up, and to unlock them in the morning, and he does not know whether he opened the sale the following morning, and he does not know what books were taken out, and what were not.
(MR. ROBINSON, in opening the case, had called the attention of the Court to a question which might arise, as to whether the entry in the ledger by the prisoner was or was not such an accounting for the receipt of the money as would release him from the responsibility of the present charge. MR. COMMON SERJEANT expressed his intention to reserve the point if it became necessary. The PRISONER directed the attention of the Court to the case of Rex v. Hodgton, Carrington and Payne, p. 422, and Rex v. Jones, 7 Carrvngton and Payne, p. 833, which, he contended, went to show that no charge could be sustained where there had been an accounting.)
GUILTY . Aged 34—The Jury fond that the sums were not entered in the cash book, and that the prisoner had fraudulently applied the money to his own use.— Judgment Reserved.
(No evidence was offered.)
NOT GUILTY .
CHARLOTTE STANLEY . I live at No. 4, Brewer-street, Chelsea. I have known the prisoner the last four months—on the morning of 4th Aug. I was out between 3 and 4 o'clock—I saw the prisoner—he followed me straight home, and sat down on a chair—I had a shilling in my pocket and some halfpence—I put them on the mantelpiece, and I heard the report of a pistol—I turned, and the prisoner said, "If that won't do, I have another"—I went down stain to my landlord, and the landlady went for a policeman—I had met the prisoner in the afternoon, and had had some words with him, and he kicked me—I think he had been drinking—he had never threatened me at all—he has knocked me about—I was obliged to go to the hospital.
Prisoner. Q. You were sitting on my knee when I fired it; I said, "Charlotte, shall I fire this one off?" and you said, "you can if you like;" you got up and went to empty some slops. Witness. No, I did not.
Prisoner. I have fought for my Queen and country; this girl has got everything she can from me; did I not say, "Come here, Charlotte, I don't want to hurt you?" and did I not ask you to take the pistol from me? A. No, you did not, there was not such a word said.
DANIEL HOGARTY (policeman, V 131). I was called to the house of the prosecutrix—the prisoner was in the passage with the landlord—I asked him what he had been doing—he said, "Nothing of any harm; I did not mean to harm her"—he had a pistol in his hand—I said, "Give me that pistol," and he gavo me the one that was in his hand, and this other—one was loaded, and one appeared to have been attempted to be fired, and there was powder in the pan—it had been fired—in coming down the steps of the door the prisoner assaulted me—he was not drunk—when we were going to the station he said if he got over this he would serve her worse.
Prisoner. Q. Did you not tell me to walk out with the landlord? A. No; I said with me and the landlord—you went out for about three minutes, and came back, and I took you, and you assaulted me.
JOHN MAY (policeman, V 319). I went to the assistance of the last witness—the prisoner assaulted me and kicked me—I examined the room, and in the fireplace I found these two pieces of nails, and some pebbles.
Prisoners Defence. I have been to fight for my Queen and country; I love this girl too well to hurt her; she has even taken my pension, and gone to Vindsor and spent it with the soldiers, and got my medal off my breast and pawned it; I am innocent of attempting to do her any harm; I have lost the use of my left arm in the Crimea; I have a small pension of 9d. a day, and I must lose it if I am found guilty.
NOT GUILTY .
MART ANN BEAY . I am the wife of Thomas Bray, of No. 10, Crown-court, Golden-lane. I took the prisoner into my house, and gave her lodging for three weeks—my husband wished me to do so—she was not to pay me anything—this was about eighteen months ago—it was last March or April twelvemonths—she left me without notice, borrowing some articles of me, and she never returned—I missed the sheets and shawl and handkerchiefs—I had seen them an hour before she left.
MARY ANN BRAY . I am a daughter of the last witness. In March, 1855, I saw the prisoner go away between 10 and 11 o'clock in the morning—she had a bundle with her—she said she should be back about 9 o'clock in the evening.
Prisoner. Your mother gave me permission to have the shawl and linen in lien of money she was to pay me. Witness. No; it was my own shawl—it was not lent her.
Prisoner. The shawl which I am charged with stealing, was given me off the line by the prosecutrix's daughter by the mother's desire, in place of wages due to me for needlework, to the amount of 10s.—I had not a sheet upon the bed daring the time I slept there—the only covering was a piece of canvass and a bed quilt—she said she was very short of bed clothes.
MARY ANN BEAY re-examined. She did not do any work for me. I did not owe her any money—she had nothing to eat when she came to me till I advanced her 6d.—the sheets she took were from under my own bed.
GUILTY . Aged 39.— Confined Six Months.
HALEY PLEADED GUILTY . Aged 16.— Confined Three Months
HERMAN RAPP (Through an interpreter). I am a merchant, and live in Finsbury-aquare. I met the two female prisoners, and went with them to Sadlers Wells Theatre, on 12th Aug.—we Afterwards went to a coffee shop together—when we went in the coffee shop my watch was safe in my pocket—when Haley had been in the coffee shop about three-quarters of an hour, she left, and in ten or fifteen minutes after she was gone I missed my watch—I accused Thomas of it—she said she did not know the other girl—I gave Thomas into custody.
JAMES MILES (policeman, N 484). Thomas was given into my custody for stealing the watch and chain—she denied knowing anything about it, and said the other prisoner must have taken it away, and she was a complete stranger to her—on 4th August, in consequence of information, I went to a house in Finsbury, and found Le Redde in bed—he said his sister was along with a gentleman two or three months ago, and she had a very nice gold watch—I said, "I came for that watch"—he said, "I will tell you the troth; I have been out fishing to-day" (he meant on the Sunday; I took him about 2 o'clock on Monday morning) "and I took the watch and hid it in a bag in the field"—I said, "Go and fetch it"—he went to Hackney Marshes, and pulled the watch out of a hole and gave it to me—in coming back, he was told be must go with me to the station—he stated that he took the watch from home for a lark, to frighten his sister, and in the course of a few days he should have brought it back again.
THOMAS and LE REDDE— NOT GUILTY .
NOT GUILTY .
PLEADED GUILTY .— Confined Nine Months.
up to me—they stopped me, and naked if I had any money to give them a drop of beer—I said, "No, I have not"—Daley then said, "We must have money, or we will have your coat"—Cockrin then seized me, and Daley took my handkerchief off my neck—we had a hard struggle, and they threw me down and ran away—I spoke to a policeman, he took me round different places, and in coming up Peter-street, I met Cockrin and stopped him—the other prisoner came up and tried to get him away—I was sober; I had only one glass all the evening—I have no doubt the prisoners are the two men—I had never seen them before.
ANDREW O'SHEA (policeman, B 156). I was on duty that night—the prosecutor made a complaint, and gave a description of the persons—I went with him and met the two prisoners in Peter-street—the prosecutor said, "They are the two that robbed me"—I took Cockrin into custody, and Daley ran away—I was bringing Cockrin along, and Daley ran against me, and seized him by the collar; I shouted "Police!" assistance came, and they were taken—Daley had the coat on that Cockrin wears now, and Cockrin had Daley's—I had seen them before with their own coats on, the same that they have now—they changed them in the station.
Cockrin a Defence. I was drinking, and this prisoner came and said he was going to work the next day; he asked me to lend him my coat, and I did; I was coming out to go home, I don't live three minutes walk from the public house; the prosecutor and the policeman came up; the prosecutor said, "They are the two that robbed me;" this other prisoner is deaf and he walked on; but they took me, and he came back when he missed me, and the policeman laid hold of him; when the prosecutor came to the station he did not know the colour of his handkerchief; he thought it was blue, and the next morning he said it was a black silk handkerchief, worth 5s.
DALEY— GUILTY . Aged 23,
COCKRIN— GUILTY . Aged 22.— Confined Twelve Months.
(Daley was further charged with having been before convicted.)
GEORGE GRAINGER (policeman, B 242). I produce a certificate of the prisoner's former conviction—(Read: Westminster Police Court, March, 1856, John Daley, Convicted, and confined six weeks)—I had him in custody—to is the person.
DALEY—GUILTY.— Confined Twelve Months.
THIRD COURT.—Tuesday, August 21st, 1856.
PRESENT—Mr. Ald. CHALLIS; Mr. Ald. FINNIS; and MICHAEL PREN-DERGAST, Esq.
Before Michael Prendergast, Esq., and the Eighth Jury.
PLEADED GUILTY . Aged 17— Confined Six Months.
MR. PLATT conducted the Prosecution.
JOHN SEACOMBE . I am manager to Charles Samuels, a tailor, of No. 29, Ludgate-hill. On 16th July, about half past 8 o'clock in the evening, the prisoners came in—Sullivan asked to look at a coat—I called Lewis, a shopman, who showed him several—I watched them, and saw Carroll stoop down, they then picked out a coat, left a shilling deposit, and were about to depart when I saw a coat hanging from under Carroll's dress—that was not the coat on which the deposit had been paid—it dragged on the floor after her as she moved—the greater part of it was hidden—the part which was visible had these two tickets on it, which are ours—the shilling deposit was handed from the female to the male prisoner—I gave them both in charge.
Cross-examined by MR. SLEIGH, Q. How far was the female from the man? A. Perhaps a yard—she stood against the counter—I cannot say whether she was looking at other garments while Sullivan was trying on the coats.
WILLIAM LLOYD LEWIS . I am a salesman to Mr. Samuels. I saw the prisoners come in together, and was called to attend to them—I showed them several coats, Sullivan selected one, and paid a shilling deposit on it, making the excuse that it required a slight alteration—as they left, and I saw the ticket of a coat hanging from under Carroll's dress, I called Mr. Seacombe's attention to it, followed them, and stopped Carroll just as she was getting to the door—she said that she had nothing belonging to us, but after some struggling I got this coat from her; it was under her frock, but I cannot say how it was fastened up—I drew it from under her dress—it appeared to be between her dress and petticoat—it is not the coat on which the shilling deposit was paid.
Cross-examined. Q. Who went out of the shop first? A. Neither of them went out—the man walked first.
JOHN BALL (City policeman, 341). I was called, and took the prisoners—they were very violent—going down the hill, Sullivan slipped his jacket off, and Carroll threw herself down, and bit my arm—they both said that they were innocent—I found nothing on Sullivan, but on Carroll was found 3l. 4s. 6d. in silver, and a duplicate—Sullivan gave his address, No. 9, Pheasant-court, Drury-lane—I went there, but could not find that he was known—there are only seven houses there.
Cross-examined. Q. Did not Carroll say anything about having paid a deposit in the shop? A. Yes, she said that she had paid a deposit on the coat, but she did not tell me that that coat which had been taken from her was the one on which the deposit had been paid—she did not say, on the coat, but on a coat.
Carroll's statement before the Magistrate was here read at follows: "I had a little drop of drink in me when I went in, and I do not know whether I did anything or not"
SULLIVAN— NOT GUILTY .
CARROLL— GUILTY . Aged 26.
(Carroll was further charged with having been before convicted.)
PRICE (City policeman, 226). I produce a certificate—(Read: "Metropolitan police court, Bow-street; Ann Robinson, Convicted, on her own confession, of stealing 2lbs. of pork; Confined two months")—the prisoner is the person—I had her in custody—I had her once before for stealing a coat, with a man, and am pretty sure that it was Sullivan.
GUILTY.— Confined Six Months.
MR. LAWRENCE conducted the Prosecution.
MARY HEADLEY . I am servant to Miss Morrisson, of Greshamplace, Newcastle-upon-Tyne. I know the prisoner, and remember his being married to Mary Cooling, in Feb., 1847 I think it was, at St. Peter's Church, Newcastle—I was present—I knew her before her marriage—I saw her on the 11th or 12th of this month.
Cross-examined by MR. BRANDT. Q. Have not you said that you have not seen her for five years? A. Yes, I had not seen her when I went before the Magistrate, but since then she game to where I lived in Newcastle.
JAMES CHAPMAN (policeman, H 80). I went to St. Paul's Church, Newcastle-upon-Tyne, and copied this certificate (produced) from the register, in the possession of the clergyman—it is a correct copy—(This certified the marriage of Richard Emmerson and Mary Cooling, at St. Peters, Newcatle, Feb. 18th, 1847)—I received information, and found the prisoner, on 12th July, on board the Jane, at Irongate stairs—I said a the top of the cabin stairs, "Is Captain Emmerson here?"—a voice answered, "Yes, come down"—I went down, and saw the prisoner and a middle aged woman—I said that he was charged with bigamy, and asked him if it was true that he had married two wives—he said, "Yes, it is true enough, and this is my first wife," pointing to the woman in the cabin.
JUDITH RUGIER DE PUTRON . I live at North-street, Whitechapel I was married to the prisoner last Dec., at St. Peter's, Stepney—I had frequently asked him, before and after our marriage, and he said that he was a single man—a fear would sometimes arise in my mind, being a stranger—I had the engaged ring before one voyage, and was married when he came home—the voyage was between London and Sunderland—I ceased to live with him about six months ago—the owners of the vessel gave me some information, and I went to Suadedand to find if it was the truth; he had just arrived, and I found him at his own house lying before the kitchen fire—I saw a woman there—I asked the prisoner if it was possible that he had done this—he never answered, but put his hands up to his face—I said that if I was not called upon on the following day, I knew what I should do—I then left, took a lodging there, and remained a fortnight—after that I returned to London, with the promise that he never would abandon me, but would treat me as a sister; but he has broken his promise, and left me in a starving state for six months—I have been dependent on my own acquaintances—it is about six months ago that I went to Sunderland; it was two months after our marriage—he gave me a trifle at Sunderland to buy a little furniture, for I had broken up my home to go and see after him—I cannot say how much he gave me, perhaps 10l. or 12l.—I heard from him the following day, and got the 10l. or 12l. from him—after a fortnight I came to London, and he saw me again, but only gave me a trifle; I think it was two sovereigns—since that he has given me nothing more than a couple of sovereigns, that paid a little rent and washing—lie has not called on me in London—I saw him sometimes in the street, and sometimes on board the ship—he did not send for me on board the ship, I went to him, because he neglected me—he gave me the two sovereigns in the Exchange.
Crass-examined. Q. Where did you first meet him? A. Passing Tower-hill—I think it was in the morning, it was in broad daylightr—I spoke first, and I will tell you why, my money was then stopped by some unforeseen circumstance, and I asked him very politely if he had any work to do,
to prepare his sea clothes for the voyage—I did know him, but I required a little employment, and could see by his appearance that he was the master of a ship—he did not go home with me, but I gave him my address—a voyage of perhaps three weeks intervened, and on his return he called on me—after I had seen him for a day or two, I passed a night in the same house with him—I am not bound to answer whether I slept with him—it was with the promise of marriage—it was at my house in Hampshire-place, Whitechapel—I object to answer on how many occasions I spent the night with him—I have been married before, perhaps six or seven years ago—my husband is dead; I was present when he was ill, and he died in Liverpool—I have not been married since, but I unfortunately bad a child in travelling—I will answer you no more questions—I nave bad an illegitimate child—the first voyage, after we were married, be put five sovereigns into my hand when he left—I have not received 100l. from him altogether, nor 50l.; what I have received I spent on him and myself, and I have two little children, one by my first husband, and one illegitimate—one is a grown up daughter, she is married—I had a few things of my own, but the prisoner left me short purposnly, that I should not go to Sunderland—I had told him that the owner said that he was married, and he denied it, and told me that it was his siater—I shall not answer whether this is the first captain of a vessel that I have accosted in the street—I shall see you here some other day, when I have money, and then I shall be able to bring up things against you—I shall not answer the question whether I know Mr. Robert Field—I lodged with Rebecca Winter—I shall not answer whether, during that time, I was not passing the evening with other gentlemen.
EMMA SANDILAND . I am married, and live with my mother, the last witness; I was present when she was married to the prisoner, at St. Peter's Church, Globe-road, Mile-end, on a Sunday morning, at the church service—I do not recollect the date, it was some time in last Dec.
Cross-examined. Q. Were they quite sober? A. Yes, and so was I.
(A copy was produced of an extract from the register of the second marriage, but being only a copy of a copy, and not having been compared with the register itself, the COURT would not admit it in evidence.)
COURT to MART HEADLEY. Q. Was his wife living at Sunderland all along? A. Yes, but I have not seen her for five years, as I live at Newcastle; I saw her once in her husband's house at Sunderland, a year or two before.
(The prisoner received a good character.) GUILTY .—Strongly recommended to mercy by the Jury.— Confined One Month.
PLEADED GUILTY . Aged 19.—Recommended to mercy by the Prosecutors. Confined Four Months.
MR. SLEIGH conducted the Prosecution.
GUILTY . Aged 56.— Confined Two Years.
(There was another similar charge against the prisoner.)
MR. M'AUBREY conducted the Prosecution.
ANTONY FREDERICK BEAVER . I am a reporter, but not specifically engaged on any paper. I attend at the County Courts, and hold authority to attend Mr. Wakley's inquests, and have done so ever since he received his appointment—on 2nd Aug. I had been spending the evening with a few reporters, and was in Crown-street, Soho, on my way home from the Strand to Rathbone-place, where I live—I went into a public house for the purpose of having a glass of stout, seeing the house open, and being rather elevated—I think it was in Crown-street, at the end of Crown-street, but I do not know what it is called—it is at the Seven Dials end—I had in my pocket half a sovereign, and 14s. or 15s. in shillings, sixpences, and 4d. and 3d. pieces, and in my coat tail pocket 9d. in copper—I saw the prisoners there—I do not know whether they were there when I went in—I was only at the bar, and did not notice whether the tap room was open—the prisoners said, "Shall we drink your health, Sir?" seeing that I was elevated—(we meet on Friday nights to have something; I had gone first to Shoe-lane, then to Bouverie-street, and then we adjourned to the Coach and Horses, opposite Somerset House)—I said, "Yes," put down a 3d. or 4d. piece, and some drink, I believe, was given—I got change out of what I paid for myself, and put it into my coat tail pocket (that made 9d. there altogether)—I went out, and when I had got near Denmark-street I was suddenly attacked by a violent blow with, I think, a bludgeon on my left hip, and at the same moment my throat was grasped from behind—I was disabled by the blow on my side, but cannot say whether I fell—I felt my waistcoat and coat pockets being emptied, and had no power to prevent it—at the moment I was about to lose my senses, I saw the prisoners, and recognised them as the men that I had treated—they were going away towards Seven Dials—their backs were not towards me, one was before me, and one behind me—I saw their faces; one was feeling my coat tail pocket, and the other the front—I did not see their faces while they were feeling my pocket, but when they had left me, they both joined to go away—the; did not pass me, so as to put their backs to me—a constable came up, and I gave him a description of them—I said that one wore a Jerry hat, a wide awake, and one wore a moustache—the further prisoner wore the wide awake (STAGEY, M.)—I am confident they are the persons I saw at the public house—next evening I went with the constable to Marlborough-street police office—I was taken into a room where a number of persons were assembled, and as soon as I entered I said, "Those are the men."
COURT. Q. You went there with the object of seeing the men? A. No—I gave a description of the men, and said, "For God's sake, do not go after them, but assist me, for I am not able to walk home."
MR. M'AUBREY. Q. Were they in a room, or in the dock? A. In a room, before they went up—the policeman paid, "Those are the two men I saw running in the direction of you;" but before that I said, in the policeman's presence, "Those are the two men"—I am confident that I said that first—I lost about 1l. 5s. altogether.
Cross-examined by MR. MAC ENTEER. Q. Where had you dined? A. At home. I had some gin and water after dinner—I merely had a glass of ale with my lunch—I had been attending the courts in the day, and had dinner when they closed—I had some porter about 8 o'clock—we have a convivial meeting on Friday night generally, and I cannot give you an idea of what quantity I had—I left my friend, who attends on the courts over the water, at about half-past 11 o'clock, in Parliament-street; and then went and had a very simple supper—I only had a glass of ale with it—I then
went and had a cigar and strolled about—the next house I found myself in was the public house where I met the prisoners—I found myself in St. Martin's-lane about 12 o'clock—I have not sworn that this happened at 1 o'clock—I say between 1 and 2 o'clock—I took a circuitous route—it was a very hot night, and I had no great desire to get into bed soon—I next went across Leicester-square, and up Windmill-street into a sporting house there, of which I know the landlord—I dare say I had something to drink there—I left there and went towards home—I went into no house afterwards before the house where I met the prisoners—I presume that is a night house—I cannot point it out—the neighbourhood of the Seven Dials is so studded with houses that it is impossible to describe it, and in consequence of threats I have avoided Crown-street since—there were not many in the house—I had got into Sutton-street, which is more than forty or fifty yards, before I was attacked—I did not hear footsteps approaching before I got the blow—the blow produced a sort of paralysis on me, and the effect of the throat added to it—I was just losing my consciousness when I recognised the prisoners leaving me—I had been labouring under bilious fever and diarrhœa just before—I was not very well—it was as consciousness was leaving me that I saw them, just as I was about falling back—as I fell back I observed them leaving me at a very fast pace—a sort of half run and half walk—a policeman came up to me—I had then partially recovered—I gave him a description of the men who had attacked me—I was not unsteady on my feet—the impression made on me was so great that it drove away the effect—when the policeman came to me in the morning he had arrested the prisoners—I was in bed, and word was left for me to be down at the police court at a quarter to 11 o'clock to identify if I could some men who were in custody—I met the policeman at the police office, (I did not go to the station in Vine-street,) he said, "Now, Mr. Bearer, you were rather elevated last night," or something to that effect, "can you identify these men 1"—I said, "Yes, in a moment"—we had no conversation besides that—the dock was full of prisoners—the prisoners were not standing exactly together, but I picked them out and said, "Those are the two"—my recollection of them was strengthened by having seen them under the light of a public house.
COURT. Q. Was there a lamp where you were robbed, so that you had a pretty fair sight of them? A. Yes, within two or three yards of the corner—I am sure that I felt convinced at that time that they were the two men I saw at the public house—I gave a description of them to the officer, and from that description their apprehension took place—I told him that the two men who assaulted me were the men I had seen in the public house.
JOHN PEACOCK (policeman, C 170.) I was on duty in Crown-street, on 2nd Aug. about half-past 1 o'clock—I found the prosecutor in the street, lying against a shutter quite senseless—I could not get anything from him, he complained that he had been struck and was paralysed, and that he had been almost choked—he could hardly speak—there was a lamp I think nearly twenty yards off, at the corner of Dudley-court, which leads into High-street—as you go from St. Martin's-lane towards Oxford-street, up Crown-street, Sutton-street is on the left hand side—the prosecutor was on the left hand side, but Dudley-court is on the right—he was on the other side of the way, and half way between Sutton-street and George-yard—he recovered in a short time, and gave me a description of the men—I assisted him home, and then returned to my beat—I had seen two men pass me
about half-past 1 o'clock on the left hand side, going towards Oxford-street at the corner of George-yard, which is no thoroughfare—that was about two minutes before I found the prosecutor, and they were going in a direction from the spot where he was found, towards St Martin's-lane—one had a black hat and the other a brown felt hat—I am quite certain that the prisoners are the men—the prosecutor was not very drunk—I saw him ten minutes previous to this occurrence, and he was capable of taking care of himself then; he passed me in Crown-street—he had been drinking, but was not drunk—I have seen him about the courts, but have never spoken to him—when I returned to my beat I made a communication to constable Gray—in the morning Gray came to me, and I went with him to Cottage-court, Strutton-ground, Westminster, about half-past five o'clock, and found Clifton in bed with his trowsers on; Stacey opened the door in his trowsers and waistcoat—I told them that we took them on suspicion of a garotte robbery in Crown-street—I have not the least doubt that they are the two men I saw going from the place where I found the prosecutor—I knew them before—I saw a wide awake on a chair—I searched them at the station, but fonnd no money.
Cross-examined. Q. How long was the prosecutor before he recovered his sensibility? A. Two or three minutes—he did not mention his having seen two men in a public house—I remained with him about five minutes, but it took me longer to get him home—I mentioned to him my having seen these two men, but did not tell him how they were dressed—I asked him to describe them—I never mentioned the public house, nor did he—he mentioned it at the court for the first time—I went with Gray to take the prisoners—he knew where they lived, but I did not—they were searched at the station, but they only had a few halfpence.
MR. M'AUBREY. Q. Were you there when the prosecutor was taken to the police office next day? A. Yes; the prisoners and about twenty others were all together—I asked Beaver if he could identify them from other men, he said that he could—I took him in, and he pointed them out immediately—there might have been one or two women and boys among the twenty.
GEORGE EDWIN GRAY (policeman, F 52). On 2nd Aug., between 1 and 2 o'clock, I was on my beat, in Seven Dials, which joined that of the last witness then—I received a communication from him that a robbery had taken place—I had seen the two prisoners pass me about 1 o'clock; I knew Stacey to be a ticket of leave man, and it is our duty to watch those characters—they left me at the corner of High-street, and passed New Oxford-street, opposite the corner of Crown-street—Stacey had a brown wide awake hat on, and I think a black shooting coat—Clifton had a black hat, and wore a moustache—next morning I took Peacock with me to Cottage-court, Westminster—in consequence of information from a woman named Shepherd, I knocked at the door, and I think Clifton got out of bed, for he said, "Let me put my trowsers on;" Stacey was in bed—I have made a mistake in the name of Clifton, because he gave three or four names; Stacey opened the door; the man with the moustache was in bed with a woman and a boy, I think he had his clothes on, he had his trowsers on I know—Stacey had his trowsers on—I saw the wide awake, the man who had that was the man who let me in.
Cross-examined. Q. Do you do your duty by looking after ticket of leave men? Yes—it took me a very long time to find out where he lived—the inquiries I made referred to the man I had seen, who I know to be a ticket of leave man; and in consequence of the information I got, I went to the
house directly, and there they were—they did net tell me that this man had committed the robbery, but they gave me an idea, and having seen them there, I thought they were likely parties, kiowing that they were ticket of leave men.
CAROLINE SHEPHERD . I live at No. 7, Burnett-buildings, Crown-street, Soho. On Saturday morning, 2nd Aug., between 1 and 2 o'clock, I saw the prisoners in Crown-street, Soho—I saw a gentleman on the opposite side of the road, and saw them go up to him and speak to him—after proceeding a little distance down the street, I heard a cry of "Police!" twice, in a feint tone—I did not observe any other persons in Crown-street—one of them had on a wide awake, they were of middling height, and had on dark clothes, I could not see their faces; to the best of my belief the prisoners are the men, but I cannot swear to them; I had never seen them before.
COURT. Q. When you were at Marlborough-street, were you of opinion that they were the persons? A. I said to the best of my belief, by their stature and dress, but I did not see their faces—they had dark coats, and one had a wide awake, and the other a hat—I cannot say anything about a moustache—I did not see them do anything to the gentleman, bat I heard him cry out—I did not go back, a policeman came.
Cross-examined. Q. Were you examined at Marlborough-street? A. Yes. but I was not put on my oath.
MR. M'AUBREY. Q. Did you hear them speak to the gentleman? A. No, I was on the opposite side of the road, but I saw them speaking to him—I was on the right hand aide of Crown-street, going from St. Martins-lane towards Oxford-street, and they were on the left.
NOT GUILTY .
OLD COURT.—Friday, August 22nd, 1856.
PRESENT—Mr. Baron MARTIN; Sir JAMES DUKE, Bart., Ald.; Sir FRANCIS GRAHAM MOON, Bart., Ald.; and Mr. Ald. FINNIS.
Before Mr. Baron Martin and a Jury composed half of Foreigners.
803. CHARLES THOMPSON, AUGUST FREITAG , and LOUIS BOHM , were indicted for feloniously and without lawful excuse, having in their custody and possession divers plates and other instruments, with part of a promissory note, purporting to be a bank note, engraved thereon. Three other COUNTS, varying the manner of stating the charge.
MESSRS. HUDDLESTON and BAYLEY conducted the Prosecution.
(The prisoners being foreigners, had the assittance of an interpreter.)
JOHN SPITTLE . I am an officer of the City detective police force. On Tuesday, 12th Aug., I went with three other officers to Upper Berners-street East—I noticed some windows of a room on she ground floor of No. 42—the window was partly up—we threw open the blinds, and I jumped into the room—Huggett, another constable, followed me—two other officers at the same time entered the room from the street door—when I got into the room, I saw the three prisoners—Thompson was standing at a press which I produce, turning the handle of it—Freitag was standing at his side, and Bohm was lying on a bed in the same room—they had their coats off—Bohm's face was turned towards the window—seeing Thompson turning the handle of the press and watching it particularly, I seized the press, which I produce, with one hand, and Thompson with the other—I unrolled the press
—I found in it some pieces of foreign newspaper—the press was then in the same state it now is—I searched the room—in a cupboard I found a copper plate (producing it)—it is engraved so as to strike off an impression which would very much resemble the impression of a Bank of England note—I also found fourteen pieces of paper which I produce—they have waves on them, and the words "Bank of England," in the upper and lower parts, and the word "five"—the water mark on this paper bears a strong resemblance to the water mark on a 5l. Bank of England note—I also found in the cupboard three cakes of gelatine, a knife, damp with printers ink, and four pads—there is a faint impression on one of them, such as might be produced by the copper plate; upon another there is an impression that might be produced by a wooden block, which will be produced, and which resembles the water mark in the paper—I found this steel plate with a small portion of engraving upon it, and a portmanteau containing twelve pieces of paper, similar to those I have already produced—I went into a back room, behind the room into which I broke, I there saw two lines suspended by either side of the wall—I saw several pieces of paper adhering to them, they were common cord lines—I examined those pieces of paper which I found in the back room with the paper that I found in the front, they corresponded in width, quality, and colour, with most of them—in the fireplace in the back room I saw a quantity of ash from burnt paper, and I also saw paper burning on the fire—I examined some of the papers that I found in the fireplace, they corresponded with the paper that I have already produced—I also produce a piece of metal which I found in the cupboard of the front room; it is the same kind of metal as that of which five figures are made, and will be produced by Huggett—I also found a magnifying glass.
Thompson. Q. Will you swear that any of these things which you found in this room belonged to me? A. No, I found nothing wrong on your person—I have not known you at this formerly—I cannot say whether this was the first time I saw you.
Freitag. Q. Can you swear that these things belonged to me? A. No, I saw you standing with Thompson at the press, Thompson was at work—I did not see you at work, I saw you standing, I do not know whether that constitutes work or not.
Bohm. Q. Will you swear that the things in the room belonged to me? A. No—I did not search you.
JOSEPH HUGGETT . I am a detective officer of the City. On 12th Aug, I went with Spittle into the window on the ground floor of No. 42, Upper Berners-street—I took Freitag—I searched him—in his trowsers pocket I found a small purse in which was five metal figures, on one piece the figures 8875, and on the other the figure 2—it appears to be the same metal as the piece produced by Spittle from the portmanteau—the 2 can be put either before or after the 8875—in a cupboard in the room I found this wooden block, it is an imitation water mark, such as is used for making bank notes, at the top and bottom are the words, "Bank of England," and in the centre the word "five"—that is the water mark, it imitates the water mark of a 5l. Bank of England note—there is no date on the block; the date on the plate is 12th May, 1856—on the table by the side of the press was a stone slab, a square piece of stone with wet ink on it—I told Freitag I should charge him with being in possession of the articles which stood before him, for the purpose of forging Bank of England 5l. notes (the other two prisoners were standing by his side at the time)—he said, "Me know nothing, me a paper hanger," he said that in English—Thompson and Bokw did not say anything.
Thompson. Q. Will you swear that any of these articles belonged to me? A. I cannot say—you were all three in the room where the articles were found—you were each without your coats, and you were by the side of the press.
Freitag. I want to put the same question. Witness. I can only give the same answer—you were in the room in company with Thompson and Bohm, and the figures produced were found in a purse in your pocket.
Bohm. Q. Can you swear that I was near Thompson or Freitag? A. You were lying on the bed in the same room; the room was a very small one, and as you lay on the bed you were within a yard of Freitag; the able almost touched the bed—you did not rise from the bed until we told you to get up.
EDWARD FUNNELL . I am a detective officer of the City police—I went with the other officers—I went in at the door—I searched the cupboard, and found two cans of printing ink, two small bottles of ink, a bottle of oil, some gum arable, and some gum in solution—I looked into the grate, and there saw a quantity of paper tbat had been partly destroyed by fire; some was quite destroyed—it corresponds with the other paper found by Spittle in the cupboard—I went into the back room and saw the two lines hanging across the room, with slips of paper on them—these (produced) are the lines with the paper gummed on them—they correspond with the other paper.
Thompson. Q. Did you all come in directly at once, or did you stand a short time before the house before you entered? A. Yes, we did; one of my brother officers stood in a place quite opposite—I did not see you working at the press, or doing anything in the business.
Freitag. Q. Can you swear that any of the things belonged to me? A. No; I did not see you at work.
Thompson. Q. Were you one of the first to enter the room, or one of the later ones? A. One of the first—Spittle and I were the first.
Bohm. Q. Did you find anything on me when you searched me? A. Only a small pocket book and your discharge from the German Legion.
MATILDA WINTER. My husband keeps the house, No. 42, Upper Berners-street. On Friday, 7th Aug., Thompson came to me—he asked the price of the two rooms on the first floor—I told him St.—he said if we would put a bed in the room, and three chairs and a table, he would give us 8s. a week—he said he was an engraver—I agreed to let him have the rooms—he came again on the Saturday evening, and said he could not come until the Monday—there was another gentleman with him, but I could not say who it was; it was one of the other prisoners—the three prisoners took possession of the rooms on the Monday—I saw nothing with them—I took them three cups of tea in the afternoon—I used the lines in the back room to dry some sheets on—those lines were quite clean when the prisoners came; they had no paper on them then—they had two beds, one in the front room and one in the back—I do not know how they slept—next morning (Tuesday) I took them three cups of coffee—I went into the back room about 2 o'clock to make the bed, and saw some fragments of paper on the lines—on that Tuesday afternoon I was coming out of the milk shop, and naw a coft within three doors of my door—I met the three prisoners coming along—when I reached my own door I saw Thompson coming in with a parcel about the size of this press—I made a mistake before, I said it was Freitag, but I did not know their names—he came in at the door, turning in at the parlour door—he had the parcel in a white cloth—there were no papers in the cupboard when the prisoners took the rooms on the
11th—Freitag came down stairs to make a little glue or gum in a suucepan—he came down for a plate about half an hour or so before the detective came—I gave it him, and that was the last I saw of them.
Freitag. Q. Was it not for dinner that I fetched the plate? A. I do not know—my husband cooked you some potatoes for dinner.
REBECCA PRIOR . I am the wife of William Prior, of No. 19, Little Alie-street, Whitechapel. In July last Freitag and Thompson lodged with me—Freitag and Bohm were lodging with me up to 11th Aug., with another young man—Thompson did not lodge with me; he frequently came to see them—they left on 11th Aug.—they did not give me any notice—they gave my servant the key and said they were going to the west, and we should hare plenty of time to do their room.
Thompson. Q. Have you got paid for your last week's rent? A. Not the last week from Freitag—another man Jived with Freitag, named Ulrick, previous to his going away.
Freitag. Q. Did not this Ulrick lodge in your house one pair of stain higher, before I came? A. Yes, he did—he was with you, and you, and he, and Thompson left together on Tuesday, 22nd July, in a cab—this last time Ulrick went away before you—he left about the 8th, I think—I did not know that Ulrick was a lithographer and engraver—they introduced themselves as stewards coming from America—I saw this press standing in Ulrick's room, up stairs—Thompson brought it into my house.
Thompson (speaking in English). Q. Are you sure that I brought this press into your house? A. Yes; I was in the passage when you brought it in, and I stumbled against you—I thought it was a coffee mill—I am sure you are the person—you came in a cab.
Q. If I could bring three or four witnesses to prove that I was not the man, what would you say about it then? A. I can positively say that it was you that passed me with it.
Thompson (through the interpreter again). Proof can be brought where this press was bought, and when it was bought, but that I was in prison during that time. Witness. Well, suppose we say a similar one to that—it had every appearance of it—it had two handles to it, and it was of iron work similar to that—they might have had two perhaps.
Freitag. Q. Did you ever see this press in my room, or did you ever see me working at it? A. No, but I have a very great opinion that it was there, for I found the handle between the bed and mattress.
Bohm. Q. Did I lodge with any of them together, or did I have my room to myself? A. Separate, but you frequently took your meals with them—you associated with the others—I did not see any of these things brought into the house by you, nor did I see you working at anything of the kind—you do not owe me anything for lodging worth speaking about—I cannot swear whether, when you took the lodging, you were aware of the other persons living there—while I went down to get a pair of sheets you must have spoken to them, for you said, "I am very glad I have come to this house, for there are my intimate friends from America in the next room; I would sooner have met with them than with my own father."
Freitag. Q. Can you swear that any of these things belonged to me? A. I cannot swear who they belonged to, because they were in Dumont's room—Dumont and Ulrick engaged a room together, Thompson and Freitag slept in the same room with them, and the press stood there, but I cannot swear who it belonged to.
This copper plate purports to be the engraving of a Bank of England note—it is not a genuine thing—it has the impression of the character of a Bank of England note—this wooden block is used for the purpose of making the appearance of the watermark—it has the words "Bank of England" upon it—the watermark would be made by putting grease on the block, and then pressing it on the paper, printing it on grease—this is the sort of paper that might be used for the purpose of making forged notes—the words "Bank of England" are visible in the substance of the paper—there are waving lines on it, with the words "Bank of England"—these figures might be used for the purpose of imitating the numbers on a Bank of England note—the press and other things that have been produced, would be used in the manufacture of forged bank notes.
Thompsons Defence. I came here on the 7th of this month without any money, without anything almost, except what I have on my body, to loot for Freitag; I found him living at No. 19, Little Alie-street; I told him the distress I was in, that I had no money to proceed further, and that I had no work, but that I had written the day previous to my relations in America to send me 100 dollars; he replied that he had but a few shillings himself, that he also had written home for some money; nevertheless, I could lodge with him, and as long as he had something to eat I should have something likewise; so I staid with him, but I could not sleep with him, because there was another young man in the same room who slept with him; upon this Bohm offered me to sleep with Urn; the following day the person named Ulrick left the house secretly, saying that he was going to ririt the Crystal Palace; Freitag complained very much, saying that he had lent some money to him, and also some wearing apparel, ana he did not know the cause of his not returning; the week nearly came to an end, and we had no money to pay the rent we owed; he asked what we should do; I said I did not know; he gave me four shirts, and I sold them at 2s. a-piece; he said, "We must look out for a cheaper lodging; "I went to No. 42, Upper Berners-street, and paid one half crown out of the 8s. I had received for the shirts; upon this 8s. we lived on Sunday, Monday, and Tuesday, we three together; Bohm had no money; on Tuesday morning the money was given to me as cashier, to make it as economical as I could; after we had had our dinner, we had 10 1/2 d. left; we mid the best we could do was to sell this press, though it belonged to Ulrick; Freitag had taken it with him out of the house, likewise this little black box, but he had no key to open it, and, an it was rather heavy, we expected there was something in it, out of which we might make money; having no key, it was broken open; the first thing we found was a shirt, which I am wearing now, with the name of Karl Ulrick upon it; we found also a few stockings and old rags, and in a paper wrapped np we found the two plates and several pieces of paper, these little boxes and bottles with the materials in them, and at the bottom the large, square stone slab, which had been used for printer's ink; there was also a roller for printing; Freitag was much astonished, and so was I when we found all these; Bohm was not then in the room, and we called to him, and we stood laughing at it; then, we took counsel as to what we should do with the things; I advised to have the papers burnt, to break the plates, and sell the press; one of the two, I do not know which, said, "Perhaps the best thing would be to bring it to the police court, and we might make some money out of that," but neither of these were executed, and we, being strangers, did not know how to act; I took some of the papers and set light to them, and threw them into the
fireplace; during this conversation we took our dinner, and on account of that, Freitag put the things in the cupboard; after dinner I went out to take a walk in the City; I did not return till about 3 o'clock; I found the press still standing on the table where we had put it in the morning; Freitag asked me if I had found a place where I could sell the press; I looked at it again, and said I did not know who would buy it, and also it was too heavy for me to carry; at the same time two or four men jumped in at the window, like robbers or thieves, and took possession of everything, and told us we were accused of forgery.
Freitag's Defence. What the former prisoner has stated is the truth; I have known this person Ulrick, and knew his parents to be very respectable; we served in the same regiment; I lent him 4l., which he promised to repay me when he received money from his parents; I went to lodge with him at his request; he had a business as a lithographer and engraver; he told me that he was at work for a person named Beeves, in Falcon-street, that he wanted a press for his business, and for that purpose I lent him the 4l.; this Ulrick I never saw work, though I have often told him he ought to work; he lodged one pair of stairs higher than I; I could not find work here in my trade as a paper hanger, upholsterer, and saddler, and was only waiting until Ulrick repaid me the 4l.—(The prisoner concluded his defence by a strong appeal to the Jury for their favourable consideration, as a foreigner who had been fighting for this country, and who had no intention of committing any fraud).
(Bohm, in his defence, made a statement to the same effect as Thompson, and stated that he had served in the same regiment with Freitag, and happened accidentally to lodge at the same house where he and the others were living; but that he had no knowledge of anything criminal being carried on, and that he had taken nothing to the lodging but a small box containing his wearing apparel.)
Bohm. That proves that none of the things produced belonged to me; I never saw anything but the machine, and that I only saw once, when Ulrick showed it to me, and locked it up again directly.
Freitag. Q. Can you recollect that I did not bring anything except a brown leathern trunk, and that the little black case did not belong to me, but to Ulrick? A. I should sooner say it belonged to you—when Ulrick came he had not that black portmanteau with him, only two black bags—you lent your large leathern trunk to a friend one day—a small black truck came into the house, perhaps Ulrick brought that, I cannot say; but there were two came.
THOMPSON— GUILTY .* Aged 32.
FREITAG— GUILTY . Aged 32.
BOHM— GUILTY . Aged 25.
Six Years Penal Servitude.
MESSRS, HUDDLESTON and BAYLEY conducted the Prosecution.
(The prisoner, being a foreigner, had the evidence intrepreted to him.)
AMBROSE WILSON . I am a boot manufacturer, in Whitechapel-road. On 21st July; about 1 o'clock, the prisoner came to my shop, and asked the price of a pair of boots that he saw in the window—after some bargaining. he eventually agreed to buy a pair for 14s. 6d.—he paid for them by what
appeared to be a 5l. note—this is it (produced)—he produced it from a porte monnaie that he had in his waistcoat pocket—I requested him to write his name on the note, and he wrote "John Dumont," which is now upon it—I took it up, and then asked him where he got it from—he said from a friend of his in the Foreign Legion—I asked where—he said, "At Liverpool"—I asked how long he had been in London—he said, "I never was in London before, I came from Liverpool this morning"—he spoke very good English indeed—I called to my shopman to get change, and intimated to him to bring a policeman—the prisoner remained in the shop, he was walking backwards and forwards, and appeared to be uneasy—he said, "Your shopman is gone a long time"—he then wished me to get him a glass of water—not seeing a fit opportunity I did not get it him then, I got him one in a short time—he drank it and then walked towards the door—he stood there looking about, and then he passed rapidly by the window down the Whitechapel-road—I directly ran to the door and called after him; be paid no attention, but increased his speed—I ran after him, stopped him, and brought him back to the shop—he said, "I am in no fear of my change"—I said, "You must come back and wait until you get it, I cannot allow you to go without it"—he then said, "Will you allow me to go to, your water closet"—he went there; I was peeping round the corner, and saw that he did not use it for the proper purpose, I saw the motion of his hand going from his pocket to the top of the basin with some pieces of paper—just as he left the closet, in came the policeman, and I gave him into custody—I went with him to the station, and afterwards returned and searched the water closet—I there found on a piece of paper an address in Well-street—I went there and inquired if they knew such a person, and they at first said they did, but when I went afterwards with the officer, they denied knowing anything about him.
Prisoner. Q. Will you swear that I threw anything into the water closet? A. I will; you took it from your pocket, one was a bill, and the other a piece of paper with a black lead address on it—you ran from my shop as fast as you could for a short distance, but I was too quick upon you—you talked to me in good English—you signed the name to the note directly you placed it on the counter, not after you returned to the shop.
JOSEPH DEEBLE (policeman, H 195). I took the prisoner into custody—I asked him where he got the note from—he said from a friend in Liverpool, on the Friday or Saturday previous—I asked him whether he had ever been in London before—he said not before that morning, he came from Liverpool that morning.
Prisoner. Q. Could I talk English well? A. Very well; I could understand you perfectly—I cannot swear that you understood me—you answered what I asked you.
Prisoner. Q. Do you recollect a letter coming? A. Yes, which I gave to you—I did not miss you directly after the receipt of that letter—I saw nothing wrong about your person or with me.
Prisoner's Defence. I was discharged at Plymouth, and went to Liverpool, where I received my money, and bought some things; I must have got the bad note there, or some one cheated me in some way with it.
GUILTY . Aged 23.— Confined One Year.
(The prosecutor did not appear.)
NOT GUILTY .
Before Mr. Baron Martin and the Third Jury.
TIMOTHY SULLIVAN . I am a seaman, and live in Russell-court, Wapping. On Wednesday, 30th July, I was passing by the door of the White Swan public house, in High-street, Shadwell—I went in to take a shipmate out, and saw the prisoners alongside my shipmate—when I got him outside, Doyle came up to me, and knocked me down, und slipped my guard over my neck—he snapped it, and, in doing so, cut my finger to the joint—he gave the word to Thompson, and Thompson cut away down Gravel-lane—I ran after him—a man stopped him—I came up to him, and he turned round, and put the watch in my hand, and said, "There is the watch for you"—I had not lost sight of him.
Thompson. Q. Why not give me into custody then? A. Because I was afraid there would be more of you come upon me—you were not taken till the next day, but I am sure you are the man.
(Mary Griffin was colled, but did not appear.)
DONALD M'KAY (policeman, K 275). From the prosecutor's description, I apprehended the prisoners—I told them the charge—Doyle said he did not take it, Thompson took it—Thompson said nothing—I sent for the prosecutor, and he came and identified them—I had seen them together ten minutes previous to the robbery.
Thompson's Defence. I know nothing at all about it; I was walking down the highway when the constable took me, and some woman with a black eye came and said we were the men.
Doyle's Defence. M'Kay passed me several times till he saw me in company with Thompson, and then he took me as well; I leave it to Thompson to say if I was with him when the robbery was done.
Thompson. I was not there myself.
DOYLE— GUILTY . Aged 22.
THOMPSON— GUILTY . Aged 23.
Confined Nine Months.
(Doyle was further charged with having been before convicted.)
WILLIAM BEACH (policeman). I produce a certificate—(Read: "Joseph Doyle, convicted, at the Middlesex Sessions, in April, 1855, of housebreaking, and imprisoned twelve months ")—I was present—the prisoner is the person.
DOYLE—GUILTY.— Confined Twelve Months.
WILLIAM COLLINSON . I live in Norfolk-street, Curtain-road. On 27th July I was with the prisoner, and some other boys, larking—I remember knocking the prisoner's cap off his head, but I did not know that I tore it—he jumped up to kick me—I prevented him, and said, "That will do, Thomas"—he went home and fetched his father and mother, and they came out, and promised to lock me up—it was about 2 o'clock, or a little after, when we began larking—about 10 minutes to 4 o'clock I was at the top of Norfolk-gardens—the prisoner had been away for about an hour; he then came back, and walked by me four or five times—one of the chaps said,
"What is the matter, Thomas?"—he instantly made a blow to my right shoulder, and said, "That is what is the matter," and ran away—I went to the hospital, and remained there till the Friday following.
RICHARD ROSE . I am a French polisher, and live in Bateman's-buildings. On this Sunday, about 10 minutes to 4 o'clock, I was standing at the top of Norfolk-gardens—the prisoner walked up several times, and stood at the corner—one of the lads then said, "What is the matter, Thomas"—he instantly took a knife from his pocket, and struck Collinson over the right shoulder, and said, "That is what is the matter," and ran away—we took Collinson to the doctor's.
FRANCIS HORNE . I was at Norfolk-gardens—a chap named Sam Smith came out in a cap, and my brother and he changed caps—Collinson began to knock the caps about—the prisoner came round with his hands in hit pocket, and directly Collinson saw him he ran at him, knocked him about the head, and pulled his cap off—he said he did not like it—Collinson did it the more—Cluley went to fetch his father and mother, and said he should rue this day—Collinson, and me, and Anderson went to the top of the gardens, and sat down on the step of a door—in the meantime the prisoner came up, and stood against the post, about five minutes each tome, and the last time he made all manner of motions at me with his hand—Anderson said to him, "What is the matter, Tommy?"—he said, "That is what's the matter," and stabbed Collinson in the right shoulder, and ran away—this was about an hour and a half after his cap had been pulled off.
JOHN THORPE (policeman, C 193). I took the prisoner, and told him he was charged with stabbing another lad—he said, "I know I did it"—I said, "Where is the knife?" and commenced searching him—he said, "It is no use searching, for I have thrown the knife over the houses."
JOSEPH ALLEN . I am a surgeon, at St. Bartholomew's Hospital. On 27th July last Collinson was brought there—he had a wound on his right shoulder, about two inches in depth, and about half an inch long, or rather more—it ran obliquely—it was not a dangerous wound—it appeared to have been inflicted with a knife.
(The prisoner received a good character.)
GUILTY of unlawfully Wounding. Aged 16.— Confined Three Months.
MR. ORRIDGE conducted the Prosecution.
CHARLES BODEN . I live at No. 5, Mead-street, Bethnal-green. On Wednesday evening, 9th July, between 9 and 10 o'clock, I was in Mead-street, going home—I am a commercial traveller—I had just been settling a little transaction and had hired a porter to carry a load for me to White-chapel—this porter is an intimate acquaintance of the prisoner—there was a female in the public house where we came in contact—I was knocked down in the street and robbed—the female robbed me, and the prisoner and another held me—I saw the prisoner and am positive he is one of the men—this happened about twenty yards from my own house—it was done quickly—I was not drunk—I was dragged across the road into Vincent-street—the woman took 6s. from my pocket, or thereabout, not lest; it might be a little more.
Cross-examined by MR. SLEIGH. Q. you have dined to-day, I am afraid? A. No—I have had a little to drink, we cannot live without eating and drinking, I like a little of each—the robbery happened on the Wednesday night and I saw the prisoner in custody on the Monday morning and knew
him—he was not pointed out to me, he was not in the dock, he was in progress, in motion.
THOMAS BOLTON . I am a shoemaker in Vincent-street, Bethnal-green. On Wednesday evening, 9th July, between 8 and 9 o'clock, I saw Mr. Boden in Sarah-street between the prisoner and another man—the other man appeared to be intoxicated, but he was not—all of a sudden I saw the prosecutor thrown or knocked into the road—he fell on his side and the two men instantly closed upon him in the road—the other man caught hold of the prosecutor by the collar and dragged him across the road underneath my window—in an instant afterwards a woman sprang from I do not know where, but she went close to the prosecutor, thrust her hand into his breast, as if she must have known where the money was, took something out and disappeared—as soon as the woman had taken the money the prisoner left the road, walked on the pavement, and walked away, and the other man after him—I knew the prisoner before by sight, and am sure he is the man.
Cross-examined. Q. Did you ever speak to him? A. No, but I have seen him about for this twelvemonth past, up in that neighbourhood—it was perfectly light, quite daylight out of doors—it was from the first floor that I saw this—it did not take long—I am sure it was daylight—I was examined before the Magistrate—(The witness's deposition being read, stated that this seemed just at dusk)—I saw the prisoner at the police station on the Saturday after—I was taken there by the police to see whether he was the man—to the best of my belief I stated before the Magistrate that I knew him before by sight, I will not be positive that I did.
(The prisoner's statement before the Magistrate was here read, as follow: "I can prove I was elsewhere, I was at Mr. Twohey's, in Whitecross-street")
Witnesses for the Defence.
JOHN TWOHEY . I keep the Prince Albert beer shop in Lower Whitecroo-street—I remember Wednesday, 9th July—I saw the prisoner that day—the first time I saw him was, I should say, from half past 10 to 11 o'clock in the evening—that was not the first time I saw him, he was in rather earlier than that—I cannot say what time it was that he first came—I first saw him about 9 o'clock in the evening, I cannot say positively for half an hour, it was about 9 o'clock—he remained till half past 10 or 11 o'clock, when there was a disturbance—there were three or four others with him, one was his sister.
THOMAS PETERS . I am a labourer, and live at No. 68, Eyre-street. I was at Mr. Twohey's on 9th July—I went there at 5 o'clock in the afternoon with the prisoner and his father—I remained there till 11 o'clock—he did not go out during that time—his father was there also—there was nobody else.
GUILTY . Aged 25.— Confined Twelve Months.
809. CHARLES WILLIAM NOEMAN was indicted for that he, having been adjudged a bankrupt, feloniously did omit to surrender himself at the time limited for his surrender, with intent to defraud his creditors.
MR. SERJEANT PARKY and MR. LILLEY conducted the Prosecution.
JAMES JOHNSTON . I am a messenger of the Court of Bankruptcy. I produce the proceedings in that court against the prisoner, under the seal of the court—the adjudication is dated 27th July, 1854—there are two petitioning creditors, Mr. Hubert Pitman, whose debt is 49l. 19s. 4d., and
Mr. George Dowries, whose debt is 33l. 10s. 4d., making upwards of 75. altogether.
Cross-examined by MR. ROBINSON. Q. What is the amount of debts proved? A. Altogether about 120l.
JOHN HENRY BENNETT . I am in the employ of the messenger of the Court of Bankruptcy. I went to No. 119, Shoreditch, and saw a notice to surrender in this bankruptcy, posted up there by George Bright, who is now dead—this is a duplicate of the notice I saw posted up—the home was dosed at the time—it was stuck on the shutters.
ROBERT PITMAN (examined by MR. ROBINSON). I am one of the petitioning creditors, for 49l. 19s. 4d. Mr. Downes is also a petitioning creditor—the bankrupt was absent from this country in Australia, for about two years—when he came back I understand he called at my place, but I did not see him—I did not authorise a proposition to be made to him, that he should see his friends and see if he could manage to arrange the debt; it was in the hands of the Commissioners, and, of course, we had no control over it—I understood that he was to call on me again; lie sent a letter, stating that when he got a situation, he would lay by half his salary to pay his debts—he left his private address at my place—before the time of his calling on me again he was arrested.
(MR. ROBINSON admitted ike act of bankruptcy, the petitioning creditor's debt, and the non-swrrender; but submitted that there toot no proof (required by sect. 251) of any independent order of the Commissioner, appointing the two days limiting the surrender; nor of any notice to the bankrupt that the two days on which he was summoned to appeary were the days so limited for hit surrender. MR. BARON MARTIN was of opinion that no such independent order of the Commissioner was necessary; and that as the summons required the bankrupt to appear on two certain days, it must be taken that those were the days limiting his surrender).
GUILTY . Aged 39.—Recommended to mercy by the Jury.— Confined Three Months.
MR. MCAUBREY conducted the Prosecution.
WILLIAM HENRY JAMES . I am a tobacconist, in Stingo-lane, New-road. On the evening of 2nd Aug., about half past 10 or a quarter to 11 o'clock, I was in my cart at my door—I was just going to drive three or four doors off, when a party of three or four men came along, and began swearing at me in a very dreadful manner—one of them stopped the pony, and he rather reared up and went on the pavement and obstructed the pathway—I jumped off the cart, and said, if they insulted me I should lock them up—thereupon one of them took hold of my whip and threatened to break it, however I got it from him, and got on the cart again—I then said, "You Irish vagabonds, you ought to be locked up"—Haley on that got oft the cart, collared me, and pulled me off—I woidd not positively swear to Haley being the one that pulled me off the cart, but it is my firm conviction it was him—I was a great deal agitated at the time, I could not swear to the man who held the horse by the head—when I was pulled off the cart, Haley took the whip and broke it in three or four pieces—I then collared him, and retained him in my grasp—there was a crowd of persons round at the time—I found my watch out of my pocket, hanging by the chain, about five minutes afterwards—the witness Palmer cased out to me, "Mr. James, I think you have lost your watch, then is man running away"—I then
found that my watch was gone, and the guard was broken—Haley grasped me by the handkerchief, and twisted it round as hard as he could twist it, and put his knuckles in my throat—my skin was broken in five or six places, and I lost a very small quantity of blood—I gave Haley into custody—I have not got my watch.
Cross-examined by MR. MACENTEER. Q. How far were you from your own house? A. About three doors—I was just going to take my horse and cart to the stables—I had been my rounds—I was not the worse for liquor—I had probably had about three glasses of porter—there were a great many persons about the shop whore the cart was—I led it a little way along the pavement from the crowd until I got to the road, and then I got up into the cart and drove off—I merely called out "Hoy!" to the people to get out of the way—it was immediately after that that the men began swearing—I supposed them to be the worse for liquor—one of them stopped the pony, took him by the head, and knocked him about the head—very likely he was offended—I did not use my whip—I said I should lock them up—I afterwards called the lot "Irish vagabonds"—it was after that that Haley collared me and broke my whip—I collared him for breaking it, and held him till the policeman came—it was before he broke the whip that I found my watch hanging out of my pocket—I put it in my pocket again—I had no idea of robbery then, I thought it might have slipped out in the scuffle—when Haley broke the whip I collared him, and then several others took part in the row—I cannot say how many—very likely there were 100 people round—I was so roughly used, that I was nearly unconscious—I called out to the public to help me, and I believe they did at last—I was surrounded by Irish—when Palmer said my watch was gone, I attempted to run after the man that took it, but I was so exhausted I could not—I kept hold of Haley until then—that was within half a minute of his being taken into custody.
WILLIAM PALMER . I live at No. 12, Stingo-lane, New-road. I saw Mr. James in his cart, near his own door—I heard Haley insult him—I saw him make a snatch at his Albert chain; the watch fell out of Mr. James's pocket, and hung down—I ran to him, lifted it up, and gave it into his hand, and said, "Take care, Mr. James, or you will lose your watch"—there was a man at the horse's head preventing it from going on—I cannot say who that man was—I saw another man jump on the cart, catch hold of Mr. James, and pull him out—I do not know who that man was—previous to his being pulled out of the cart, Haley caught hold of the end of his whip, pulled it out of his hand, and broke it in three or four places—Mr. James then caught hold of Haley, and Haley caught hold of him by the throat, and his companions also—he twisted his cravat in order to tighten it about his throat—I saw a man run away, he appeared to be an associate of the others; he appeared to have something in his hand, and I called out, "Mr. James, I think that man has got your watch"—I afterwards saw Haley taken into custody.
Cross-examined. Q. You say you heard Mr. James insulted, what was the insult? A. I cannot say, there was such a volley of abuse; it would not be fit to state it in Court—I cannot remember it—I heard Mr. James call them Irish vagabonds—it was immediately after that that they pulled him out of the cart—he also said he would lock them up for breaking his whip—at the time of the scuffle, Mr. James had hold of Haley, and Haley was holding him, and the other men also trying to got Haley away—there were five men round Mr. James at that time—I was standing by my window, protecting
my window—I was about a yard and a half or two yards off, or not so much—Mr. James was in the middle of the men—it was not then that I saw Haley snatch at the chain—he went up to the cart to strike Mr. James, and made a grab at his chain—I did not tell Mr. James that Haley had pulled the watch out of his pocket, I told him to take care of it.
SUSAN PAGE . I am a widow, and reside in the neighbourhood of the Yorkshire Stingo. On the night of 2nd August, I saw the prosecutor in his cart near his own door—I wan close to it—I could not get into the baker's shop on account of the horse being pushed on the pavement by one of these men—it was Gorman, he had hold of the horse by the head—Haley was at the side of the cart—he pulled Mr. James by the side of the collar, and the watch guard was in his hand, and he pulled him nearly out of the cart—Mr. James recovered himself a little, and Haley took his whip out of his hand and broke it—two or three of them then got Mr. James out of the cart—I was afraid they would strangle him—I went and got a policeman—I saw one of the men take something from Mr. James's pocket, I cannot say what it was; and one of them, I believe Haley, said, "Cut it!"—and the man ran away.
Cross-examined. Q. There were a great number of people there? A. A great number—the men that had hold of Mr. James looked working men—it was a man dressed like Gorman who had hold of the horse—I would not positively swear to him—I had never seen him before—I should be very sorry to swear positively to either of them; but I know that one of them handed something to another of them, and said, "Cut it, cut it!"—there were four or five of them round Mr. James, and I was afraid they would strangle him—he was then struggling with Haley, they were struggling violently—he was very excited; he had hold of two of them by the collar.
JAMES OAK (policeman, D 266). I took Haley into custody—I saw Mr. James, there were several small places in his throat bleeding as if they had been done by the fingers—Gorman was taken into custody at the same time.
(The prisoners received good characters.)
NOT GUILTY .
NEW COURT.—Friday, August 22nd, 1856.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. FINNS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Fifth Jury.
MR. SERJEANT BALLANTINE and MR. SLEIGH conducted the Prosecution.
EDWIN ELDRED . I produce the record of the trial between George and Emma Stephenson and Matilda Lucretia Palmer, defendant, in the Court of Queen's Bench—there was a verdict for the plaintiffs, damages 20l.
WILLIAM TREADWELL . I am a short hand writer. I took notes of the case in which the Hecord has been produced—I hare before me the evidence of Emma Stephenson—she was examined by Mr. Henry James—(This being read, was to the effect that after Mrs. Palmer left her apartment, she, the defendant, found in a cupboard in the back parlour, an old spice box, three old china cups, an old footman, and two or three shells, and that the curtains were her [the defendant's] property.)
Cross-examined by MR. ROBINSON. Q. Was Mrs. Beaiuey examined on the trial? A. Yes—(Referring to the notes)—I have got her examination here—(MR. ROBINSON asked to home it read, but the COURT considered that it was not admissible)—the cause was tried before Lord Campbell, by a special jury—Mrs. Palmer was examined, and her daughter, Goddard, a police officer, and Mrs. Dunster, an old servant, and the Jury returned a verdict of 10l. in favour of the plaintiffs—the defendant's husband was examined—application has been made to me by the attorney to be allowed to look at my notes, which I refused—I informed Mr. Vaughan that there is a rule among us, which I should feel bound to observe, that is, to ask Mr. Barber's consent, as it was a criminal matter, and if he gave it, I should supply them—I subsequently communicated to him that Mr. Barber had refused his consent—I was not told that the defendant had not a copy of the notes, but I conclude that by being asked—some curtains and cups, a footman, and a spice box, were produced—I believe that was all.
MR. SERJEANT BALLANTINE. Q. You are not a shorthand writer attached to the Court, you were employed by Mr. Barber? A. Yes—I presume it is considered that my short hand notes are purchased by him.
SARAH PALMER . I now live at No. 2, Home-cottages, Park-walk, Chelsea, and am the widow of the late Lieutenant Palmer. I am turned seventy years old—in June, 1853, I hired apartments of Mr. Anderson, at No. 14, Devonshire-terrace, Kensington—before I moved in, I packed up all my things in different packages—I packed up some china in a hamper, and among other things were these three china caps (produced), among other caps—they are china, and have been in the possession of my family for 150 years—I have known them all my life—the valuer said that they were worth five guineas the set—I am quite mire they were in the hamper with the rest of the china, all three of them—it was all china in the hamper—this footman (produced) is mine; it was packed in a coal scuttle—I know these shells (produced)—I have had them fifty years—I packed them in a little table, this (produced) is a model of it—you understand that I make boxes of my tables, being a particular woman—I put my table upside down, and put the things in, then I sew carpets round it, and inside the carpets were these shells, some books, my drawing room window curtains, and a great many other things—after I had packed them up I removed them to my new house in Devonshire-terrace—they were placed in the third room, a little room at the end of the passage, which I locked up, and kept the key—this spice box (produced) was also in the coal scuttle with the footman—in about a fortnight after I got into the house the Stepbensons came, and Mr. Anderson left—after they came, Mr. Stephenson sent me a message, and I went and let him into the room—all my things were there at that time—I think he stayed about five minutes, not more; he measured a place by the window—about a fortnight after that, or a day or two more, I heard that there had been a robbery; it was not three weeks—I wanted to go into the room, and could not open the door—I told Mrs. English, and she opened it, but she had a difficulty—there was a chair turned down inside the room, so that the door would not open, but she got it open, and then I went in, and found that my hampers of china were all gone, my table was cut open, and all my things taken out—I missed a great many articles, worth 40l. altogether—I should have been glad to have given 100l. for them—from that time to the
present, with the exception of the articles produced, I hare not found one of them—I vent to the station myself, they sent a man, and he went away and sent a detective, who found nothing—I remained in the house till Feb., 1855, and then had a house commissioned for me—I am there now—I have a daughter, who was not very often in the habit of visiting me when I was in Devonshire-terrace; she came in Feb., 1856, and told me something—I did not go with another daughter of mine to the house—I was not present at any of the interviews at Mr. Stephenson's home after I left—these curtains (produced) are quite the same, only they have been altered a little; this is all to lengthen them—with the exception of these rings and the green baize, I have no doubt at all of their being the same; I should think I have had them fifteen years—only one of them was hung up, that one it more faded than the other—one of my curtains was more faded than the other—they were packed inside the table, with the shells and the books.
Cross-examined by MR. ROBINSON. Q. With regard to these curtains, you have had them fifteen years? A. I cannot say to a year, but it must be as long as that—I never put them up at all—they had not been up for four years—this one was in a French window, the front parlour, and the others were packed up—when I came away I packed the things all up myself these things and all—there were six cops and one china mug, and eight cups and another china mug, every one in a single piece of tissue paper—I bad packed them up before I went to Stephenson's—before I went to Devonshire-terrace, I was in Elm-row, Hammersmith—I went direct from Hammersmith to Stephenson's, and before I went I packed up my things—I used not to keep my sago and arrowroot and things in the coal scuttle, but I packed them up there.
Q. Is not this so (Reading) "I kept some sago and arrowroot in the coal scuttle as well as the footman?" A. Yes, my coal scuttle does not go idle, I make everything useful—I had a servant named Alice Blackman—I am very sorry to say that she is dead—I know that she is dead, because I went to the workhouse and saw her the day before she died—I think that is about two years ago—she was not with me at Mrs. Stepbenson's—she lived with me six years; she did not leave me when I went to Hammersmith—a charwoman named Helis used to do for me at Mrs. Stephenson's—I had the two parlours there, and the third room, and the use of the kitchen—I was examined before the Magistrate in March last; and made as nearly as possible the same statement that I have made to-day—the curtains were ordered to be given up to Mrs. Stephenson—the Magistrate heard the whole of the case—I was examined also at Westminster before Lord Campbell and a special jury—they wanted me to compromise, but I would not—I do not know who wanted to make a compromise, but my solicitor came out to me—Mr. Barber has been my solicitor for a year or two—we found each other out—as soon as these things were taken I certainly found that I was in the midst of thieves—I remained among the thieves for eight or nine months; but I went to my builder, and gave him a year's rent in advance, to get my house done as soon as possible for me—I did not have a quarrel with Mrs. Stephenson before I went—she is not worth quarrelling with—I do not quarrel with such people as these—I did not give her the regular notice, but I paid her the quarter before it was due—I did not refuse to pay it for a long time—I never refuse to pay money—I mean to say, that when they said that I must pay a quarter's rent, or give notice, that I at onoe paid the money; I made no words about it, more than I bare with you—I always pay my money; I neror trust—I mean to say, that when
I left there were no unpleasant words between us with regard to rent or notice—I was going without notice, because I knew they wanted the money—they were not satisfied with robbing me, but they wanted my room.
Q. Had you had a quarrel with your daughter? A. Almost all friends have that do not agree; I dare say you have some in your family—I do not know that my daughter and I have been otherwise than friendly, but we do not agree in opinion—we have never been without seeing one another—in Feb., 1856, my daughter gave me some information about what she had seen at Mrs. Stephenson's house—I knew a very little while before, 'that she was going to Mrs. Stephenson's—she came and told me that she had been to the apartments—I did not know that she was going before she went—Goddard, the officer, came to examine the premises after this alleged robbery; he told me that he saw some marks outside the windows.
Cross-examined by MR. SERJEANT BALLAKTINE. Q. Did he tell you also what else he had noticed? A. He said when he came in, "I see what it is you have been robbed of; your things are gone from you; but I do not think they are gone out of the house"—I produced this broken cup before the Magistrate, with which I compared these and some saucew—this (produced) is one of them—the hamper in which the china was, the coal scuttle, and the table were not unpacked during the time I was in Devonshire-terrace.
MATILDA LUCRETIA PALMER . I am the daughter of the last witness. In Feb. last I visited the house of the Stephensons in Devonshireterrace, and noticed on the mantelpiece these cups, which I immediately recognised as my mother's property—I did not notice anything else belonging to my mother on that occasion—I communicated with the officer, Goddard, and with him and Clarke made another visit to the Stephensons, having communicated with my mother in the meantime—on going into the front parlour I took the cups off the mantelpiece, gave them to Goddard, and said, "Those are my mother's"—I do not think Mrs. Stephenson heard me the first time, but her sister said, "She has taken the cups off the mantelpiece"—she made no remark—on looking round the room I saw this footman, took it in my hand, and said, "This is my mother's"—Mrs. Stephenson was present, and said, "It is not Mrs. Palmer's"—I looked at it and said, "Yes, this is the place where it has been broken and has been mended," and handed it to the policeman, but Mrs. Stephenson said nothing—the curtains were hanging up at the window, and there were some shells—I said, "These are my mother's shells"—Mrs. Stephenson made no remark; she gave no explanation as to how she became possessed of the footman, the shells, and the curtains—there was also a spice box, which I took up in the same manner in the down stairs room, when we had left the parlour, and I said, "This is my mother's;" she made no reply—I saw the curtains hanging at the window, and said, "Those are my mother's curtains"—Mrs. Stephenson was in the room, but I did not hear her say anything—I tured round, looked into the back room, and said, "Here is the third curtain at the back window; that is the curtain that my mother used at her cottage, it is more faded than the other two;"I heard no remark from Mrs. Stephenson at that time—when we came up stairs the officer took the curtains down, and Mrs. Stephenson said, "If they are Mrs. Palmer's curtains I knew nothing about them; I bought the ticket of a Mrs. Day; they were pawned in Drury-lane"—Goddard said, "Where does Mrs. Day live?"—she said, "I do not know"—he asked her where she lived when she bought the ticket? and she said that she did not know—I have looked at
the curtains—I have no doubt whatever as to their being my mother's property—the third curtain, it will be seen, is more faded than the other two—I had seen them in use—one my mother used for three years.
Cross-examined. Q. Are the curtains in the same state now? A. They may not be in such good condition, and they have been altered; two which my mother did not use have been joined together and made one, as Mr. Stephensou's window is very large—there are now two instead of three—it is twenty years since I used to live with my mother, and it may be twenty-five—I have been in the habit of seeing her frequently, but not while she was at Mr. Stephenson's—before that I used to see her every week, sometimes twice a week, and sometimes more—I went into their place by myself before I went with Qoddard and Clark, I cannot say how long before, but perhaps a week or more—I said that I was looking out for a place for a lady, that was not exactly true—I was looking out for apartments for a lady, her name is Harrison, she lives at Battersea—I do not know how long she has lived there, exactly—I said that if I was passing and saw anything that would do for her, but I should not have recommended her there—she had asked me to look out for apartments a month or six weeks before I went to Mrs. Stephenson's—she is still living at Battersea, where she was—Goddard was in uniform, and Clark took out his staff, and showed that he was an officer.
MR. SERJEANT BALLANTINE. Q. You would hardly have recommended Mrs. Harrison to go to the Stephensons? A. No, but I was looking out for apartments—my mother knew nothing about it.
ANN DUNSTER . I am a charwoman, and helped Mrs. Palmer to remove from Devonshire-terrace. I was there at 6 o'clock in the morning, and went to Chelsea with the goods—I cleaned out the cupboards, it was my business to do so—I did not leave a thing in them—Mr. Oxford was there, and he is here—I cannot say whether he was present at the trial in the Queen's Bench—I saw him feel into the cupboard in the back parlour, and am able to say positively, that there were no articles left in it, because I dusted it out—I heard of an action being brought against Miss Palmer—I saw Mrs. Stephenson afterwards by chance—I really do not know what passed between us—I do not recollect whether anything was said about the action—I know no more of Mrs. Palmer than being called in as charwoman—I was frequently there to tea with Mrs. Palmer, and sometimes I have dined with her—I was there backwards and forwards for four years—I never saw these cups after she was at Eden-grove, I knew them there, and I know that they were put to be packed up there.
Cross-examined. Q. Did not you help to pack them? A. I did not—I was not pretty frequently at Mrs. Stephenson's during the time Mrs. Palmer was there—it might be once in two or three months, just for the day—I used not to go as a charwoman, I went as a friend of Mrs. Palmer's, having known her—I was examined on the trial at Westminster.
HENRY OXFORD . I am a builder, at Cambridge-terrace, Chelsea, and am the landlord of the house in which Mrs. Palmer lives. I assisted her to remove from the Stephensons in April, 1855, and superintended the removal of her things; my son, and a person named Heightinan, also assisted—before we finally left I examined the parlours, and Heightman made some jocular remark as regarded Mrs. Palmer—I searched the rooms and the cupboards carefully—there was nothing in the cupboard in the parlour when I searched it—there was at that time a chair or two left behind, and during the time the men were carrying them, I went round the rooms to see if
anything wag loft—I made a careful search in the cupboard of the back parlour, there was nothing in any part of it—it is not possible that these cups, shells, footman, and spice box could have been in the cupboard when I made that search.
Cross-examined. Q. Were you examined at Westminster before Lord Campbell? A. No—I knew perfectly well that the trial was coming on—I see Mrs. Palmer, not every day, but frequently; she is living in one of my houses—I should think I am not her factotum—she has consulted me on this case; she called several times on me before the trial at Westminster—I did not advise her to have a special jury, I advised her not to have anything to do with the case at all, and the result of that advice is what is now preceeding—she would not take my advice—she is rather an obstinate old lady—I did not examine the kitchen—I do not know whether there were other lodgers in the house—I only went on that one occasion—I did not examine the kitchen cupboards, only the parlours.
MR. SERJEANT BALLANTINE. Q. You were not present at Westminster; did you know that it was to be suggested that the articles were found in the parlour cupboard? A. No—I read the account in the paper, and inquired how the old lady got on, and Miss Palmer told me that they said that the things were found in the cupboard.
MR. ROBINSON to ANN DUNSTER. Q. Did you examine the kitchen cupboard? A. We had nothing whatever to do with them.
MR. SERJEANT BALLANTINE. Q. Had Mrs. Palmer anything to do with the kitchen cupboard at all? A. Nothing at all.
MR. ROBINSON. Q. Did not you see Mrs. Stephenson before the trial at Westminster, and tell her that if she succeeded, you would bring perjury against her? A. Nothing of the kind—I never said anything about perjury whatever, I could not have thought of it.
SAMUEL HEIGHTMAN . I assisted in removing these things from Mrs. Stephenson's; I was employed by Mr. Oxford—I saw him search the cupboard in the parlour, and I searched it twice over—there was nothing at all in it—these shells, footman, cups, and spice box, could not have been in the cupboard when I searched, everything was brought away.
Cross-examined. Q. When was your attention first called to this case; when were you first spoken to about it? A. I had to go to Rochesterrow about a month ago; no one spoke to me about it till the subpoena paper came to me—I mean to swear that nobody at all had spoken to me on the subject before that—I was in Mr. Oxford's service when we moved the goods, I am not now—I work for myself now, a great way from Mr. Oxford's—I have not done anything for him for the last twelve months—I am a bricklayer.
JAMES GODDARD (policeman, T 80). I am attached to the police office at Kensington. I received information, in 1854, of a robbery committed at the house of the Stephensons—I went and examined the house, but found no trace whatever of the goods, or of the parties who had committed the robbery—I have been an officer eighteen years—judging from the appearance of the house, I suspected that some person in the house had oommitted it, and I told Mrs. Palmer so at the time—I received from her an account of the articles she had lost, and desired her to be quiet, and something would come out some day—I heard no more about it till March,
1856, when I went there, in company with Miss Palmer—when I got in I saw three china cups on the mantelpiece, which she said she knew were her mother's—the prisoner said nothing—Miss Palmer also claimed a footman as her mother's, and Mrs. Stephenson said that it was not Mrs. Palmer's, till Miss Palmer pointed out the particular marks where it had been mended, and then she said nothing further—she also claimed a spice box and some shells, but the prisoner made no remark—she also claimed some curtains, which she said were her mother's—Mrs. Stephenson said that she bought the duplicate of a Mrs. Day, but did not know where she lived, or the pawnbroker's name—I attended all the hearings at the Hammersmith police court, and heard the Magistrate say that he had known such things to be left behind—that suggestion came from no other party but the Magistrate; that was the first time I heard it—it was in dismissing the case that he said that—he said that they were trumpery things left behind.
Cross-examined. Q. That remark would only apply to the cups and saucers, and not to the curtains? A. No; the curtains were ordered to be given up to the lady—I do not think the cupboard was mentioned—I was there during the whole of the investigation.
Q. Do you mean to swear, be cautious, that you never heard it stated by any person that these things had been left in the cupboard, before the Magistrate said so? A. No, I did not hear the cupboard mentioned; I will not swear that it was not, but I did not hear it—I did not first tell Mrs. Palmer that there were marks outside the house, and that I thought somebody had got in from the outside—I went and examined the outside, and that altered my opinion; I thought so at first, but do not know whether I mentioned it to Mrs. Palmer—when I went in and charged Mrs. Stephenson, she appeared very much surprised—there were a great number of duplicates, but none of them refer to property of Mrs. Palmer's.
COURT to SARAH PALMER. Q. Were there other lodgers in the house when you were occupying the rooms? A. Yes, above me—I do not know how many—they were not in the house at the time I left—I do not know how long they had gone before I left.
MR. SERJEANT BALLANTINE. Q. Were they lodging in the house at the time you went away? A. I do not think they were.
MR. ROBINSON called
HARRIET BEAMEY . My husband is an omnibus conductor; we are residing at No. 66, Camden-street, Kensington. I have known Mrs. Stephenson and her husband nine or ten years—Mrs. Stephenson has been in the habit, occasionally, of advancing me small sums of money—I was indebted to her, in 1855, in the sum of 12s.—I know these curtains—I have had them thirteen years; they were given to me by a lady I lived with, named Eden, of No. 9, Upper Baker-street, Regent's-park, who is dead—she also gave me some bedding, and other things—I have pledged the curtains at various times at Hedges's, No. 135, Drury-lane—these are them (looking at them)—I was examined at the Queen's Bench before Lord Campbell and the Jury, but not before the Magistrate; I was ill at that time—my daughter, who lives at home with me, was examined—I owed 12s. to Mrs. Stephenson, and asked her if she would like to have these curtains instead of money, as I had no means of paying her—she did not know anything about them—I described them, she said that she would take them, and I gave her the duplicate—there were four curtains, and two valances—these curtains correspond entirely; I have often pledged them before, at different times.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Always at Hedges's? A. No, at other places; at Price's, in Duke-street, Manchester-square, I have pledged them—I pledged them last at Hedges's, in the summer before last—I had then had them out of pawn eight or ten months—I kept them by me, they were never hung up; I have other merino curtains—I got 10s. on them the last time—there is not, to my knowledge, any pawnbroker or assistant here who has ever had them in his life—I did not get the card at Mr. Hedges's, I know that his card was got—Mrs. Stephenson got it—I asked her to call, because it was on her way from my house—we were asked the number, and I thought the best way was to produce the card—I do not know where the card is—there is nobody here from Mr. Hedges—this green and these strings were to these curtains, with the rings—I had them from Miss Eden—they were not hanging up, they were kept in a lumber room—she used not to pawn them when she wanted money, she kept them in a lumber room in that state—I was upper nurse at the house—I am married to William Beamey—I do not sometimes make a mistake about my name, but I pledged them in the name of Day; that was my maiden name—I pledge in that name—it was last summer, about July I think, that I asked Mrs. Stephenson to take these curtains for the 12s.; but I cannot recollect exactly the time—it was for money lent at different times—she did not apply to me for payment, but I offered her the curtains—she agreed to take them for 12s. without seeing them—I have seen them hanging up at Mrs. Stephenson's; I was in the habit of visiting her sometimes, but not often—I noticed that one was more faded than the other; I do not know how that happened, I have always had them rolled up—I have not used them—I have known Mr. and Mrs. Stephenson nine or ten years, they have not been married all that time—I do not keep a lodging house, the house is let in apartments—Mrs. Stephenson's father and mother, before her marriage, occupied one of those apartments, and she came there occasionally, backwards and forwards, and was stopping with her father and mother—after that she lived at Scarsdale-terrace, but at the time she came backwards and forwards, she lived in Westbourne-grove—Mr. Stephenson came backwards and forwards to her mother's; he used not to come with her—I have seen him there with her—I do not know how long they hare been married.
MR. ROBINSON. Q. You were examined before Lord Campbell, were you cross-examined by some one? A. A gentleman put questions to me—one curtain was faded—I have not always made that statement; I have never been asked the question before—I heard it suggested before, that one was more faded than the other—I was not examined at Westminster, but I heard them speak of it; at the Queen's Bench, I mean—I was examined there—I know that they had been in the possession of the police or the prosecutrix ever since the examination before the Magistrate—they were delivered into the possession of the police at Westminster Police Court—I recollect them being produced there; I was there, but was not called—my maiden name was Day—it is a very common thing for persons to pawn in different names—I could not recollect at the Queen's Beach the name of the pawnbroker—Mr. Stephenson afterwards got a card of the pawnbroker where the things were pledged, No. 135—I told the pawnbroker that I had pledged the curtains there—I was at Mrs. Eden's four years—a good many other things were given to me, linen, furniture, carpets, and kitchen utensils—I have been married nineteen years, and have lived in the house, where I live now, ten years—Mrs. Eden died in Buckinghamshire, but after she left
Baker-street she went to live on the continent, and then she went to Greenhill.
MRS.----ATTERIDGE. I am the wife of Samuel Atteridge, a pawnbroker, of No. 60, Camden-street, Kensington, and am Mrs. Beamey's sister—I have known these curtains, in her possession, a great many years; I am quite sure that they belong to her; they were faded in places, and I know that they are the same curtains—they have not been up—I recollect other furniture which my sister had—I was examined at the police court at Hammersmith before Mr. Darner—I gave then the statement which I am giving now—I was examined at the Queen's Bench on the trial, and was cross-examined—these curtains were produced before the Magistrate.
Cross-examined. Q. What was the last time that you saw any curtains in your sister's possession? A. Two years ago—I saw them during the investigation at the Queen's Bench, and at the police court—I last saw them two years before I was at Hammersmith—I remember, quite well, the green insides—I can swear to them—I should have been able to describe them if I had not seen them—I remember these rings perfectly, and the green strings; and should have done so even if I had not seen them—I have seen a good many curtains in my life—this is not an uncommon kind of curtain.
MR. ROBINSON. Q. Do you know enough about them to know that they are the curtains that were in your sister's possession? A. Yes.
COURT. Q. You had never seen them hanging up? A. No; I had seen them in a drawer, and I saw them at Mrs. Eden's before they were given to her—I know that my sister was a nurse at Mrs. Eden's—I was occasionally in the habit of seeing her there, and I saw her packing them up with other things which Mrs. Eden had given to her.
ELIZABETH EGAN . I live with a person named Egan; I am not married to him, I have lived with him twenty-nine years; he is a boot and shoemaker. I have been employed by Mrs. Stephenson for upwards of two years, to clean out the rooms—I remember the time when Mrs. Palmer lived there; I was there at the time that the van was there removing Mrs. Palmer's goods, and Mrs. Stephenson then spoke to me, and asked me if I could come the following day to clean out the apartments; I told her that I was engaged at Dr. Bayford's—I went on the second day after Mrs. Palmer left, at half past 10 in the morning—while I was cleaning the grate in the front parlour, Mrs. Stephenson came from the back parlour to tin door, leading to the front parlour, and showed me, I cannot take my oath whether it was two or three cups and a shell or two, and made some observation about them—I saw nothing else there.
Cross-examined. Q. Is this the first time that any of us have had the pleasure of seeing you? A. Yes; I was never here in my life, or in any other court—Mrs. Stephenson knew all about showing me the cups, but I was never called upon—when I heard about it, I said, "How very wrong that you did not send for me, when I saw the cops"—that was a day or two before she was committed—I went to her, and said, what a pity it was that she did not call upon me, that I could substantiate that the cups were there—I met her in the street, near Kensington Church, accidentally—I spoke to her, she had been to market, and she told me she was going to the police court—I knew she had been to the police court—I accidentally heard that she was charged with perjury; a great many people spoke about it—I cannot name the persons who told me—Mr. Stephenson was the first person who told me—he found me at my apartment—he called on me, and asked me if I would come to wash on the following day—I said that 1 would; he told
me that Mrs. Stephenson had been charged with perjury about the cups; I said, "I am surprised that you did not call me before, because you know I showed them to me when she found them in the cupboard"—he did not say that be knew I knew all about it—he did not tell me what the perjury was—I went to wash next day—I did not meet Mrs. Stephenson before I went to wash.
Q. What made you tell me that the first time was when you accidentally met her near Kensington Church? A. I had not one minute to stop—I had to be back at my employment by 1 o'clock.
Q. Did you speak to her about the matter when you met her at Kensington Church? A. I did not stop one minute; I could not, my time was up—I looked at Kensington Church clock, and found I had only a quarter of an hour, so on I went, and not a word about the perjury—I did not swear that the first conversation we had about this evidence was when I met her in Kensington Churchyard.
COURT. Q. You said, "When I heard of that, I told defendant how wrong it was that she did not call me"? A. Yes; that was all that did pass.
MR. SERJEANT BALLANTINE. Q. Did that pass? A. Well, I did say, "How wrong that you did not send for me, when you know that I saw you take the cups from the cupboard"—I went to washing next day, and have been frequently at work since—we did not have any particular conversation when I went to wash, for Mrs. Stephenson was not at home an hour the whole day—it was two days after the time of my going there to work that I met Mrs. Stephenson—I mean to say that when I was at work I had very little conversation indeed with Mrs. Stephenson about it—it was nothing particular—I swear I had not, not till I was fetched to go to Westminster—I pledge my oath that I had no conversation with her about it.
COURT. Q. Can you account for that; was it a mistake when you said that you had very little? A. Yes, because Mrs. Stephenson was in a harry to go out, and she left me in charge of her little boy and the washing—I had no conversation with her on that day.
MR. SERJEANT BALLANTINE. Q. Mr. Stephenson had been at your house the day before, and told you about all the scrape that his wife had got into, and about her being charged with perjury; do you mean to tell the Jury that you were at the house the whole day, and she at home an hour, and you never mentioned the circumstance? A. I never saw her, except for five minutes; she was up stairs, getting ready to go out—I knew my way up stairs, but I had my work to do—I mean to tell the Jury that I did not talk to her about it, because she was obliged to go out—I left at half past 7 o'clock in the evening—she was not at home—I put the child to bed, locked the door, and put the key under it for Mr. Stephenson—it was not the next day, but the day after, that I met her near Kensington Church—I stopped her—I do not believe she saw me; she said, "Dear me, what a hurry you are in!"—I said, "Yes, I am in a hurry"—she said how hardly she had been treated—that was the first I heard about her being charged with it.
COURT. Q. Do you mean to say that; be careful? A. Yes; I had heard nothing about the curtains—I swear that that was the first time I had heard that she was charged with any offence—I said before that I first heard of it from her husband.
Q. What do you mean by saying now that the first time you heard of it was from her? A. Because I did not see her husband till the day after that
—I did not tell you that the first time I heard of it was when her husband called—I said that I met Mrs. Stephenson, and on the following day Mr. Stephenson called, and asked me to go to washing.
MR. ROBINSON. Q. I understand that all you say, and all you bare ever said, is, that certain things were exhibited by Mrs. Stephenson to you; you do not say the day, and never have said that you saw her take the things out of the back parlour cupboard? A. No; all I say is that I saw her coming from the parlour with the things in her hand.
JOHN WILLIAM NICHOLL . I am clerk at the Hammersmith police court. I recollect this case being investigated—I think I recollect the solicitor, Mr. Vaughan, saying that if the case was remanded he should have a complete answer—I did not hear a cupboard mentioned; Mr. Vaughan told the Magistrate openly in Court, loud enough to be heard, that as to the curtains he should be able to show how they bought them, and as to the rent of the things he supposed they were left—to the best of my belief, he said "supposed"—the first suggestion about their being found, emanated from Mr. Vaughan, to the best of my recollection—the Magistrate did not make any suggestion about it till the last examination, I think—to the best of my belief, it had been suggested by Mr. Vaughan long before the Magistrate made any suggestion of the kind—on the next occasion evidence was called with respect to the curtains, and the result was that they were ordered to be delivered up to Mrs. Stephenson.
THOMAS COE . I am a grocer, of Brook-street, Hammersmith. I was promiscuously at the police court, Hammersmith; I never had any interest in the matter—I do not recollect the whole of the defence that was stated by Mr. Vaughan, but I recollect some part of it—I recollect him saying that he could bring evidence to prove that the curtains never belonged to the old lady, and that the other trumpery paltry things were left behind after she left her lodgings—the curtains were ordered to be given over to Mrs. Stephenson, and the other paltry things to the other parties—it was never denied that they belonged to the old lady.
COURT. Q. Were you there at the last examination? A. Yes, he only stated to the Magistrate that he could produce the evidence, but several people were brought forward—I did not attend to the evidence—I do not remember Mrs. Beamey being examined, the people were all strangers to me.
THOMAS HARDY . I was one of the defendant's bail. I was present at the examination before the Magistrate—before the examination; Mr. Stephenson sent for me in the first instance—I have known the defendant for fourteen or fifteen years and never heard anything against her honesty and good conduct—she said at the examination that she could prove that she came by the curtains honestly, and Mr. Vaughan stated that the spice box and other things were left behind.
GUILTY .— Confined Twelve Months.
MR. W. J. PAYNE conducted the Prosecution.
URIAH TREW (City policeman, 79). I produce a certificate of the marriage of George Bird with Ann Webster, from St. Mary, Lambeth—it is a correct copy—I compared it with the register—(This certified the marriage of George Bird, bachelor, and Ann Webster, spinster, at St. Mary, Lambeth, on 9th December, 1833.)
Cross-examined by MR. COOPER. Q. Did you compare it with the register? A. Yes, myself.
JANE FRENCH . I am the wife of James French, and the sister of George Bird. In December, 1833, I was present at his marriage to Ann Webster, the prisoner, at Lambeth Church—they lived together six or seven years, or a little longer, and then they went away in the country and separated—I used to see him sometimes after that and sometimes not, he used to go abroad in steamboats; sometimes he has gone for three or four years, the last voyage he was gone two years—I cannot speak exactly to his being away seven years—I do not know where the prisoner was at that time—I last saw her before that, last October, and before that I had not seen her for seventeen years—she then came to see me—I saw the prisoner about two years before last October, because he was gone out to the Brazils in a Brazilian frigate—I might have seen him a year or two before that, he was never at home long—the prisoner came to my house this day week—Mr. Bird was then living at my house, he has been living there since April—she came again on the Saturday and was given in custody—I was present when she saw her husband at my house.
Cross-examined by MR. COOPER. Q. Was that the first time she had seen him? A. No, three weeks ago she came up to bury a sister and saw him.
Q. Was not she surprised to see him, did not she say, "Good God, is he alive?" A. That was last October, in a conversation when I was talking about her husband and said that he was alive, and she said, "Good God, is George alive? I thought he was dead"—he was not, when in the Brazilian service, away more than seven years at a time—I know that they never lived together after they separated—Bird had a brother who was drowned—it was put in the paper, "Drowned one Bird"—(I did not know the second husband)—I do not know that she is a milliner—I did not know whether she was alive, I have often heard my brother say that he thought she must be dead—I cannot tell whether she wore widow's weeds, not seeing her.
MR. PAYNE. Q. Did you hear any other person say that he was dead? A. No, but she told me that she heard he was dead.
JOHN GLEESON . On 10th March, 1850, I was married to the prisoner at Matlock, in Derbyshire. She represented herself as a widow, and we lived together till the 14th of this month—we had a quarrel on that morning, and she left me and came to London—I followed her—it was only a family quarrel, which is to be expected—she brought 40l., or about that, with her—I came up on the following day, and on Saturday, the 16th, I found her in the street and gave her in custody.
Cross-examined. Q. Did she live with you ever since 1850? A. Yes, as a good wife until nine months ago, and I have been as good a husband to her—I have beaten her, or hit her—I have not ill-used her—I have done so sometimes—she did not keep a milliner's shop when I married her—she was in the cap trade—she had a shop—I had my clothes and that was all—immediately on marrying her I lived with her in the house we rented—I had not a halfpenny worth more than I stood up in—of course she did all she could to maintain me—I have heard that the moment she heard of her first husband she went after him—I am a general dealer—I did not hear that the moment she heard of her husband, her leaning was to get to him—I never knew till I came to London that she was anxious to get to her husband—I found her with him—I am on my oath, I had not beaten her on the very morning she left me—it was not twelve or twenty-four hours before, nor twenty-four days—I never beat her, not so often—I do not
know that when she left my house her body was covered with bruises caused by my beating her.
MR. PAYNE. Q. Did you on 14th August know that she had oome up to see her husband? A. No, I did not know he was in England—it was in consequence of her having accused me that I struck her—I heard of her first husband about twelve months ago, but I could not prove it—I believe she did not know it herself.
NOT GUILTY .
THIRD COURT.—Friday, August 22nd, 1856.
PRESENT—Mr. Ald. CHALLIS; Mr. Ald. FINNS; and MICHAEL PRENDERGAST, Esq.
Before Michael Prendergast, Esq., and the Fifth Jury.
MESSRS. COOPER and SLEIGH conducted the Prosecution
ALFRED WILKINSON . I live in Carthusian-street, and am clerk to Mr. Bowyer, of Barbican—he is an auctioneer, and sells horses on commission. On 6th Aug. the prisoner came into the yard, and said he wanted a horse to run a cab—he was dressed respectably, and had a black coat on—I told him to go into the stable—he went through the stable, and I saw he was talking to Mr. Gower in the yard, and looking at a horse—there was a brown gelding put in harness, and the prisoner drove it in a break with one of our men—while he was away Mr. Gower said something to me, and left it to me about the horse—when the prisoner came back he came up to me—I was in the counting house—I asked him what he was doing—he told me he was working three cabs, and he had four horses, that he had lost 700l. when he was at St. John's-wood, but since he had left St. John's-wood He was doing a great deal better; that he had a horse die two or three days before, and that was the reason he wanted a horse—he said, "Wifl you let one of your men go with me to my stable with the horse?"—I thought it was true, and I wrote a bill for the bone, 21l. 4s.—it was to be paid in a month—the prisoner accepted the bill, which I have here—thin is it—the man and the prisoner then went away with the horse—he gave his direction, No. 63, Ponsonby-place, Vauxhall-road—I went there the next morning, and found he was only a lodger there—the address was correct—he had told me his stables were there, and that was where the hone was to go—I did not see any stables there—I have seen the hone since—it was the property of Mr. Gower.
Cross-examined by MR. LILLEY. Q. To whom did the prisoner first speak? A. To me—he afterwards spoke to Mr. Gower—I did not hear what they said—I was in the counting house, and they were in the yard—in consequence of what Mr. Gower said, I proceeded to deal with the prisoner—he tried the horse, ran it up and down—I went to No, 63, Ponsonby-place—I found he lived there—I did not go into the sock premises—I made inquiries, and could find no stables there—this is the bill—I drew it, and he accepted it in my presence.
COURT. Q. You made inquiries of various persons when you went to
Ponsonby-place? A. Yes—I could not ascertain the existence of any stable at all—there was no stable there.
JABEZ SAMUEL GOWER . I am an auctioneer, and live at No. 56, Barbican. On 6th Aug. the prisoner came into my yard, between 2 and 3 o'clock in the afternoon—he spoke to me, and said, "How do you do?" I said, "Very well, but I don't recollect you at the moment"—he said, "Mr. name is Marks, you know me very well"—I said, "Well, I see many persons, probably I may"—he said, "Don't you recollect me when I was at St. John's-wood, in partnership with Prior?"—I said that it might be so, but I saw so many faces, I could not say—he then said, "I am a cab proprietor, I have been unfortunate, and lost a horse last night, and want another to replace it"—I said, "There is one, and only one, in the stable; I have worked it myself for a week, take it and try it; go where you like with it; take my man with you; if you like it the price is twenty guineas; if you don't like it, don't have it"—he had before said he was a cab proprietor, that he had three cabs, and he had lost a horse the night preceding, and this was to replace the one that died—he said he was the owner of three or four horses—the horse was put in harness at his request—it was in harness half an hour—I afterwards directed my clerk, if he felt satisfied, and thought it right, to deal with him—that was in consequence of what the prisoner had said—I gave my clerk authority to take the bill which the prisoner said he would give—when the prisoner said he should want credit, I said, "I know nothing about it, go to my clerk,"I was dining at the time—I don't recollect the prisoner before—I can't say that I had not known him—I had known the person whose name he mentioned as carrying on business with at St. Jobn's-wood.
Cross-examined. Q. Was not this what you call a jib hone? A. No; it kicked under the whip—it was the only horse in my yard that was likely to suit him—I don't know that he kicked under the whip, I never drove him—my man worked him—I do not ride or drive any horse but my own.
JOHN RIDGWORTH . I am ostler in the employ of the last witness. On 6th Aug. I took a horse from Mr. Gower's to Westminster, the prisoner was with me—he took me first to a corn dealer's in Strutton-ground, Westminster—he said it was his own shop, and Mrs. Marks attended there two or three hours in the course of the day—he went in and got the key out of the shop, and showed me round the corner to a stable—he unlocked the stable door and put the horse in—he locked the door again—he showed me three door ways—he said his cabs stood there—he gave me a shilling to go to the public house—he came back and took the key to the corn dealer, and came across to the public house to me, and gave me half a crown—I saw Mr. Jones—he was standing against a pony and cart which was standing there—the prisoner told me that he (Mr. Jones) was his managing man, and that the pony was his, and he had bought a gig for it, and he was to pay ready money for it when he fetched it away—I stopped up the street, and saw the prisoner stop talking to Mr. Jones—I then saw a man, and asked him some questions—I stopped about half an hour—I went back to the stable and the horse was gone—when the prisoner parted from me at the public house he shook hands with me, and told me he should most likely see me the next day—I afterwards saw him riding the horse, coming out of another yard further up—I did not say anything to him—I whistled, and he turned his head to me and held his hand up and galloped away.
manage it for the prisoner—he has nothing to do with it—there are several stables and coach houses in the yard—none of them belong to the prisoner—he has no cabs there—on the 6th Aug. he came and asked me to oblige him with the favour of putting a horse in a stable for about half an hour.
Cross-examined. Q. Had you known him before? A. Yes, for about three months—when I first knew him he said he was employed in a tobacco or cigar manufactory.
JOHN BATTLE . I live in Leather-lane. I am a licensed victualler and a cab proprietor—I know something of the prisoner—he was in my employ—on 6th Aug., about half-past eight o'clock in the evening he came to my place—he had a horse with him—he asked my opinion of it—he said he was about starting for himself, and he had been in his old neighbourhood where he used to live, and had seen an eld friend of his that had bought this hose, and it had unfortunately turned out a very bad kicker, and kicked his cart all to pieces, that it was of no use to him, and he would sell it for anything he could get for it—he said he gave eight sovereigns for it, and if I liked to have it for 1l. profit I might—I said I would not buy it then, but if he brought it in the morning I would try it, and if I thought I could do anything with it I would have it—he came in the morning and I tried it—I thought I could manage it, and I gave him 9l. for it.
Cross-examined. Q. Was not what he said that he had bought the horse of a friend of his? A. Yes—with the description he gave of the horse I gave all it was worth—as far as I know of the hone now, I would not give more for it.
JOHN LEONARD (City policeman, 119). I took the prisoner at half past 9 o'clock on Thursday evening, 7th Aug., at a public house—I told him I came respecting a horse that he got from Mr. Gower, in Barbican—he said, "What horse?"—I said, "It is no use your telling any stories about it; did you sell Mr. Battle a horse?"—he then said he had sold a horse that morning—I asked, what for—he said, 9l.—he then said he had bought the horse, and accepted a bill for it—I said, "Under what circumstances did you obtain the horse? did you represent yourself as a cab proprietor?"—he said, "Yes"—I said, "I must take you into custody"—on the way to the station he began to sob and cry, and said he had been in great difficulties since he had been in Whitecross-etreet prison, and he had hardly a shilling to take home to his wife, and under these circumstances he had done what he had—I asked him if he was a cab proprietor, and he said he was not.
Cross-examined. Q. Did he say he had been? A. No; he said that he bought the horse, and had accepted the bill.
Cross-examined. Q. Who first mentioned about this bill of exchange? A. No one mentioned it—Mr. Gower said he would leave it to me—if I liked I could give a month's credit—the prisoner never mentioned about the bill, and I did not propose it—I wrote omt the bill, and he accepted it.
COURT. Q. You acted from the instructions of your master, in letting him have it? A. Yes; my master gave me authority to let him have it—I let him have it in consequence of the statement the prisoner made to me—he made this statement about his being a cab owner, and that was the reason I trusted him, and wrote out the bill—he said I might let one of our men go to his stable—I sent the man to see if he had stables—I told the man privately if he had not, not to leave the hone.
Aged 23.—Recommended to mercy by the Jury.— Confined Three Months.
JOSEPH DEEBLE (policeman, H 195). On Saturday last, about half past 11 o'clock at night, I was in Bishopsgate-street—there was a fire there, and I saw the prisoner and three others following a gentleman—the persons who were with the prisoner struck the gentleman on the top of his hat five or six times, and drew his hat over his face; and the prisoner immediately took his handkerchief out of his pocket—I seized him at that moment—he had the handkerchief in his hand—he said he had it thrown on him by the crowd—I am sure he is the person who took it out of the pocket—I saw his hand in the pocket, and saw the handkerchief in his hand—I did not speak to the gentleman—I told a City policeman to bring the gentleman to the station, but he did not do so.
HENRY JACKSON (police sergeant, H 11). I was in Bishopsgate-street about half past 11 o'clock last Saturday night—I saw the prisoner and three or four others following a gentleman—I saw one man hit the gentleman three times on his hat—I did not see the prisoner strike him, but he was close behind the gentleman, and I saw the last witness take the prisoner, and take the handkerchief out of his hand—the prisoner was taken to the station house and searched, and another handkerchief was found on him—I saw the prisoner had a glove in his hand; I asked him where he got it—he said, "Some one must have put it in my pocket"—it was a man's glove, too large for the prisoner—he said some one must have put the other handkerchief in his pocket.
Prisoner. The other handkerchief was the one I used. Witness. He had another handkerchief that he used beside the one which he said had been put in his pocket.
GUILTY . Aged 16.— Confined Six Months.
JOSEPH MARCARINAS . On 14th Aug. I called on a friend in Ponsonbyterrace, about 11 o'clock in the evening—I then walked a little way along Millbank, towards my own house—near the gate of the Penitentiary I saw the prisoner—she asked me for some money—I said, "I have no money for you," and without more ceremony, she took hold of my coat, and put her hand in my waistcoat pocket, and took out a sovereign and a 3d. or 4d. piece—I took hold of her directly, and said, "You have robbed me of my money; give me back my money, or I will call a policeman"—she called another woman, who came, and the prisoner gave her something, I suppose the sovereign she stole from me—the other woman went off—I took the prisoner, and looked for a policeman; and while the prisoner was struggling with me she took my ring from my finger—I struggled with her to get back my ring, and she bit my right hand, and ran away—the policeman, hearing my voice, took her as she was running away—I saw him take her—I know she is the woman that took my ring and money—I asked her for the ring—I said I did not care about the money, but I valued the ring—I had had it twenty-four years—I took the ring from her—I have lost the sovereign and the 3d. or 4d. piece.
Prisoner. The gentleman came and said he wanted to speak to me; he took me by the waterside, and used very bad language, and acted in a very beastly manner; he took hold of my hand, and the ring dropped off on the pavement. Witness. I never spoke to her—she came to me, and I said, "Go to h—; I don't want to have anything to do with you."
HENRY MARSH (policeman, B 169). About half past 11 o'clock at night on 14th Aug. I was at Millbank—I heard a cry of "Police!"—I went and saw the prosecutor and the prisoner struggling together—when I got within a few yards she broke from the prosecutor and ran, and I took her into custody—the prosecutor charged her with stealing a ring, and a sovereign, and 3d.—I took her to the station—the ring was found on her.
(The prisoner was further charged with having been before convicted.)
JOSEPH BUTCHER (policeman, B 109).—I produce a certificate of the prisoner's former conviction—(Read: "At Westminster, on 19th June, 1854, Elizabeth Allen was convicted of stealing 1l. 6s. of James Richards, from his person, and confined six months")—the prisoner is the person.
GUILTY. Aged 28.— Four Years Penal Servitude.
JACOB BRANWICK (through an interpreter). I am a seaman, belonging to the ship Vesta. About half past 12 o'clock in the morning, on 22nd July, I was coming along some street in Wapping; two men came running after me—one hit me in the face, and took hold of me behind—I fell down—I cried out, "Police!"—one of them ran away; the other one wanted to put his hand in my pocket, but being unable to get his hand into my pocket, he tore half of my coat tail away—this is my coat, and this is where he tore the piece off—he ran away with it, and I ran after him—he stopped at a door way, and I stopped as well—he had still the piece of coat in his hand—when the policeman came running, the prisoner ran away again, and just when he crossed the bridge the policeman caught him—I had in that part of my coat that he took, 6s. and a pocket handkerchief—I have not seen them since—I cannot say what the prisoner did with the skirt of the coat—I could always see the prisoner, I was so close after him—it was so dark that I could not see exactly what he was doing or throwing—I am quite sure the prisoner is the man who tore off the skirt of my coat with my money in it—he is not the man who gave me the blow which made me fall down.
Prisoner. Q. Who were you in a public house with? A. I was alone—I was not treating two men—I had one small pint of beer for which I paid 2d., and meant to go on board again—the tail of my coat was not torn off before I went in the public house.
JOHN GREATHEAD (policeman, H 31). I heard the cry of "Police!" in Wapping, on 22nd July—I waited and beard the cry again—I turned and saw the prisoner running down High-street—he saw me and ran into a door way—the prosecutor came by him, and the prisoner ran out—I pursued him again—he turned and showed fight—I went in upon him and took him—I did not see anything in his hand when he was in the doorway—when I took him I told him he was charged with robbing a sailor of his purse, and 6a.—he denied it.
Prisoner. We walked on, and I said, "That is one, why did you let that man go? why not take him?" Witness. He said there was a gang, but there was no one but himself.
Prisoner. I had been to a friendly meeting, consisting of shopkeepers, watermen, and others; I left them about 10 minutes before 12 o'clock, and in going down Wapping the prosecutor and two men came out of a public house; as they came by me the prosecutor struck my left eye; I looked at him, and he made another blow at me; a man said, "Take your coat off;" I would not, and they got the prosecutor's coat, and were pulling him about;
I saw there was a fight, and I ran away, because I know foreigners fight with knives; the prosecutor had a knife in his pocket.
JACOB BRANWICK re-examined. No, I had not.
COURT to JOHN GBEATHEAD. Q. Was the prosecutor like a man that had been drinking at all? A. No; he was quite sober—he stopped at the station all night, because he had no money to go to sleep anywhere—it is possible that the prisoner might have had the skirt of the coat in his hand, and I not see it.
GUILTY . Confined Nine Months.
GUILTY . Aged 20.— Confined One Year.
818. SARAH SMITH, LOUISA HALES , and THOMAS GRAINGER , unlawfully obtaining 5d., the money of Mary Muddiman, by false pretences. 2nd COUNT, obtaining 10d., of Elizabeth Walledge, by false pretences; two other COUNTS, for unlawfully uttering counterfeit coin.
MART MUDDIMAN . My husband is a baker, at Hornsey. On 8th Aug., the prisoner Smith came to my shop, she purchased two buns—she paid for them with what I thought was a sixpence—I made a remark that it was a peculiar one, and she said it had been run over—I gave her the two bund, and 5d. in coppers, and she left the shop—it was between 7 and 8 o'clock in the evening—when Smith left, the other two prisoners joined her—in about five minutes, Mrs. Walledge, of Wood-green, came into my shop and told me something—she had two pieces of coin in her hand, and one was like mine—Mrs. Walledge and the policeman went after the prisoners—I marked the coin I had, and gave it to the policeman.
Smith. Grainger was not with me.
Hales. Q. Are you sure you saw me outside the shop? A. Yes; I had seen you all three in company before you came to the shop—you were about 100 yards from the shop, not three minutes before Smith came—she left, and you all joined again.
Grainger. I had sold all my things, and was drinking at a pump.
Witness. No, I saw you coming up the village.
SARAH DOUGHTON . I was looking after a shop for Mrs. Walledge, of Wood-green. On the evening of 8th Aug., Smith and Hales came to the shop—they asked for a pennyworth of garden currants, and they each paid me with what should have been a sixpence—I gave them the currants and 5d. each—I am sure they are the two persons—it would take them about half an hour to get from Wood-green to Hornsey—they were with me about 7 o'clock—Mrs. Walledge came in, I gave her the two sixpences, and she followed them across the fields—I did not see Grainger.
ANNIE ANDERSON . I live at Wood-green. I saw Smith and Halea go into Mrs. Walledge's shop on the evening of 8th Aug.—when they came out they went across the fields—I catched them up in Hornsey-road, and there Grainger came up—I pointed them out to the policeman, and he took them.
SAMUEL HITCHAM (policeman, S 320). The last witness pointed out the prisoners to me, and I apprehended them—I asked them to come back with me to Mrs. Muddiman's shop, and she gave them in charge—they were at Wood-green before they went to Hornsey—they had passed Hornsey when I took them—I asked Smith what relation this man was to her—she said he was her husband—I asked them to let me look in their hands—Smith said, "I have nothing, only this," pulling out a box which contained four
shillings in good money—I found on Grainger, 2l. 8d. in silver, and 8s. 7d. in copper, all good—these sixpences are all bad—these two are what Mrs. Walledge gave me—and this one Mrs. Muddiman gave me, and I have two more which were passed at another shop, about three miles further on the road—I have a witness to prove that the prisoners were all together there.
Grainger's Defence. I was out with my goods, and I had sold my things, and was going home.
Smith's Defence. I was coming home, and went to get the buns; I do not know anything of this young man at all.
MARTHA JENNINGS . I saw the prisoners all together in Edmouton, on the 8th Aug., about 6 o'clock in the evening—Smith offered me a base sixpence, and I refused it—I saw Hales outside—I went to tell the policeman, and I saw all the three together.
SMITH— GUILTY . Aged 20.
HALES— GILTY . Aged 21.
Confined One Month.
GRAINGER— GUILTY . Aged 22.— Confined Two Months.
Before Mr. Baron Martin.
MESSRS. BODKIN and CLERK conducted the Prosecution.
CHARLES TURNER . I was mate of the Royal Tar fishing smack. On 11th July last we were off the coast of Holland, fishing—there were nine hands on board; the prisoner was one, and Francis Toombs another—there were four men and five apprentices—the captain had left the smack the day previous, to go on board another vessel, to get provisions—in the course of the afternoon, I and the prisoner, and Toombs, went on board a Dutch vessel—we stopped on board some time, and had some Hollands there, and we brought some with us on board our own boat when we returned, which was I think between 6 and 7 o'clock, but I cannot say for an hour or so—I think we brought one bottle of gin on board; I did not know it was in the boat until we got on board our vessel; I did not bring it—I was down in the cabin that night; there was the boy Hamilton, Dunning, Toombs, and myself; Toombs was lying on the settle, Dunning came down afterwards, as nigh as I can say between 12 and 1 o'clock—I think Toombs was awake when Dunning came down—I saw Dunning take a bottle of naphtha which stood in the middle of the hatches, and pour it over Toombs—it was not full—I do not know how much there was in it—he came down into the cabin, took up the bottle, and sprinkled it over Toombs—I do not recollect his saying anything before he did it—in about two or three minutes Toombs was on fire—Dunning was then down in the cabin—when Toombs was on fire we went out of the cabin—I was the last one down in the cabin, and I got burnt—Dunning was close to Toombs when I first saw that he was on fire—I did not see how it was that he got on fire; after he was on fire, he got up, flew to me, and laid hold of me while he was in flames; that was how I got my arm burnt—I shoved him away—he went out of the cabin on deck, and I believe the apprentice threw buckets of water over him, but I did not see that—I saw him afterwards on deck he was very much burnt
—he was sent home to Barking next day in a fishing smack—I came home the next day, and saw him several times after, at his own house before his death—we had all been drinking a good deal that day—Toombs was drunk, and Dunning also, I think he was the worst of the two—I was almost as bad—the eldest apprentice was sober—the youngest apprentice had had a little, I do not think he was drunk—he was in the cabin alongside of me—there had been no quarrelling that day between any of us, we were the same as brothers, the whole three of us.
Cross-examined by MR. EOBINSON. Q. You had drank a good deal on board the Dutch vessel? A. Yes, all of us—I cannot say whether we brought three bottles of Hollands away with us, one and a piece was all I saw—I did not drink a drop that I know of after coming on board our own boat—I was the mate—I was in charge when the captain was absent—Toombs and I had a little talk about the matter when I saw him afterwards—I cannot say for an hour or two what time it was when we left the Dutch vessel—I think it was between 12 and 1 o'clock.
COURT. Q. You said just now that it was between 6 and 7 o'clock; was that a mistake? A. That was when we left our own vessel.
MICHAEL HAMILTON . I was an apprentice on board the Royal Tar. I went with the eldest apprentice to fetch the men from the Dutch boat—I was not one of the first party—I do not know what time it was when they left the smack; it was after dinner—they came back with me, and the eldest apprentice—they were all tipsy—they brought three bottles of liquor on board with them—they had had some gin before they went on board the Dutchman—they did not drink anything after they returned, they went down into the cabin—I was in the same cabin—I was there when Toombs was burnt—I was neither awake nor asleep; I was half asleep and half awake—I was roused up by a light, and then saw that Toombs was on fire—Dunning was the nearest person to him at that time—Charles Turner was in the cabin, and a youth named George Carlisle was asleep in the bed cabin—he did not wake up during the whole of it—William Whittick was also asleep in the stern—the only persons there awake were myself, Dunning, Toombs, and Turner—Toombs laid still on the settle after he was on fire—I went out and called the eldest apprentice—he came down, but he was no sooner down than he woke the man up, and was out again—Toombs then came on deck, ran along the lee scupper, and fell down against the fore hawse—the eldest apprentice took two buckets of water and chucked over him, and the fire was put out—Dunning was sitting on the hatches when I saw Toombs on fire—he remained in the cabin—I did not see any light there in anybody's hands—by "the hatches," I mean the cabin floor—there was a light in the sconce in the fore part of the cabin—that was an oil lamp, it had no glass round it—it was in a socket; not hung up—it was not above two or three feet from Toombs—I could stand under the lamp—my head used to touch it when I did—a bottle of naphtha was kept in a corner there, and was used for the signal lights—there had been no quarrelling at all that evening.
Cross-examined. Q. You were a little overcome yourself, were you not? A. Yes—the lamp was not one that swung backwards and forwards, it stood fixed.
JOHN BREWER . I was the eldest apprentice on board the Royal Tar fishing smack. I recollect some of the men going on board the Dutchman on the afternoon in question—I went with the other lad to fetch them off, that was between 11 and 12 o'clock—they brought three bottles of hollands
back with them—I do not know that they drank after they returned—I remained on deck and they went down into the cabin—I was sober—about half an hour after they returned, Hamilton came up and called me down into the cabin—I went down and saw Toombs lying on the settle on fire, and Dunning lying on the hatches in the corner with his head almost against Toombs—Turner was sitting on the settle—I do not know whether they were awake or asleep, they did not seem to move or stir until I went and moved Toombs—I roused him and they all three got to the cabin door and Turner's arm got burnt—they did not seem to be aware of what was going on—Toombs came up on deck on fire—he got as far as the fore hawse and then fell, and I chucked two buckets of water over him and put the fire out—he was so black, I could not see his wounds—he was sent home on the Saturday morning.
Cross-examined. Q. Had you some conversation with Dunning about this? A. No, no further than I heard him say that he did not know whether he did it, or whether he did not—he said, if he did do it, he did not know anything at all about it—he did not know whether he did it more than Turner, and he knew nothing about it until the next morning.
GEORGE CLARK . I was the master of this fishing smack. When I returned on board, I found Toombs in the bed cabin undressed and very much injured—Dunning came to fetch me from the other vessel—he said, it was a bad job, that they had been skylarking, that they had been playing with the turps and Toombs had been burnt—the naphtha was called turps on board.
Cross-examined. Q. Did he not at the same time say that lie could not tell how the man got burnt? A. Yes—I spoke to Toombs about it—he told me that he did not know how he got burnt—I sent him home on 11th July—I do not know when he got to Barking, it took us eight days to get home.
MR. MANLEY. I am a surgeon, at Barking. I attended Toombs—I first flaw him on the evening of the day that he arrived at Barking, I believe it was 15th July—I found him very much burnt, indeed—I attended him until his death on the 26th—the burning was the cause of his death.
NOT GUILTY .
Before Mr. Common Serjeant.
PLEADED GUILTY. Aged 18.— Judgment Respited.
MR. SLEIGH conducted the Prosecution.
THOMAS GRIFFITHS . I am a grocer, and carry on business in North Woolwich-road, Essex. The prisoner has been in my service since 22nd February—on Saturday afternoon, 12th July, he was serving customers in my shop, and in consequence of information, I kept a watch on him—about half past 6 o'clock that evening my wife made a communication to me and I followed the prisoner from the till to the butter and cheese side of the shop—I charged him with having money in his right hand, which he had taken from my till—I requested him to open his hand and show it to me—he refused to do so—I saw he was inclined to put his hand into his pocket, which I prevented his doing—he put his hands behind him and put the money from one hand to the other—he then opened his right hand and had
nothing in it—I then requested him to show me his left hand, which he refused—I asked him to go into a small sitting room—I then desired him to show what money he had in his hand, but he changed the money again to his right hand and opened his left—in two or three minutes afterwards he laid half a crown down on the table—the officer arrived, and I gave him into custody—he requested me not to give him into custody for the sake of his wife and family—I had looked in the till not two minutes before, and there was no half crown there and the customer was in the shop at the time.
Prisoner. Q. Can you swear to that half crown as being the identical half crown that belonged to you? A. It was marked in my presence—I cannot swear to it as having been in my till.
ELIZABETH GRIFFITHS . On that Saturday night I examined the till just previous to the prisoner being taken—I cleared the till and there was no half crown left in it—I saw a customer come in the shop and put down a half crown—I saw the prisoner put that half crown in the till and take it out with his right hand—I made a communication to my husband and be told him of it.
Prisoner. Q. Was not you standing at my side? A. Yes, I saw you put the half crown in the till, and two minutes afterwards you took it out of the till again with some halfpence—you gave the halfpence in change and kept the half crown.
EDWARD CAMPBELL (police sergeant, K 49). I was called, and took the prisoner; he was in the back parlour—the prosecutor stated he had stolen half a crown from his till—the prisoner said it was his own half crown, and he requested that Mr. Griffiths would not press the charge against him on account of his wife and family.
EDWIN AMOS . I have been in the service of Mr. Griffiths three months. On the Saturday afternoon on which the prisoner was taken, just before Mr. Griffiths spoke to him, I saw a piece of silver taken from the till; to the best of my belief, it was a shilling—I went and told Mr. Griffiths, and just before Mr. Griffiths spoke to the prisoner, I saw another piece of silver—I did not see him take it out of the till—I saw his hand come from the till—I saw the silver passed out of his right hand into his left.
JANE MASTERS . I am the wife of William Masters, of West Ham. I was in the shop between 6 and 7 o'clock that evening; I saw the prisoner behind the counter, he served some person, who gave him a half crown—I remained in the shop till Mr. Griffiths went and spoke to the prisoner—I saw the prisoner have the half crown in his hand when Mr. Griffiths spoke to him.
Prisoner's Defence. On that Saturday I had 16s. or 17s. in my pocket; there were three half crowns, and some small silver; I went to the shop, and stopped till between 6 and 7 o'clock; I put my hand into my pocket, and took a half crown out; it was my own money, as I told the prosecutor at the time; I was asked if I had more money; I said I had, and this crown was my own; Mrs. Griffiths was standing by as the money was put into the till; she took it out; I do not believe she knew whether she took it out or not.
(The prisoner received a good character.)
GUILTY . Aged 20.—Recommended to mercy by the Jury.— Confined Six Months.
PLEADED GUILTY . Aged 26.— Confined Two Years.
Before Michael Prendergast, Esq.
PLEADED GUILTY . Aged 23.— Confined Six Months.
(See next Case.)
MR. SLEIGH conducted the Prosecution.
JOHN RICHARD WHITEHEAD . I am clerk to Mr. Clifton, who is clerk to the Justices of the Petty Sessions. On 4th Aug. I took notes of the depositions of Dickinson and Toll against Godfrey Booker, who was charged with stealing 5l., the property of Dickinson—Dickinson was sworn, and said, "I am a private in the 19th regiment—last Saturday night I was at Leyton, at the King's Head—I saw the prisoner there—I had five sovereigns rolled up in a piece of paper, which was in a leather pouch—when I went to bed I hung ray coat over the bed post—the prisoner slept in the next room to me—in the course of the night the prisoner came into my room, and got into the same bed with me—about 6 o'clock yesterday morning I awoke, and saw the prisoner putting his shoes on, and in his hand he had a roll of brown paper, which, I believe, contained my money, and which he put into his pocket—I got up, and examined the pouch, and the money was gone—I dressed, and followed the prisoner, who was moving fast—I followed him to Kingsland—I saw him go into four shops, and subsequently into a private house, No. 2, Arundel-cottages, Kingsland—at this time a policeman came up, who went to the house, and I gave the prisoner into custody—I received the five sovereigns from my commanding officer on Saturday—I did not see a policeman in coming from Leyton till I got to Kingsland."
GODFREY BOOKER . I am a carver by business; I live at No. 2, Arundel-cottages. On Saturday, Aug. 2nd, I met the prisoner at Walthamstow—I had never seen him before—he was dressed as he is now; he got into conversation with me—he said he had got no money—I gave him something to drink—I had in my possession 5l. 4s.—I slept that night at the King's Head, at Leyton—the prisoner slept there, in the same room—he had seen the money that I had—in the morning I got up, and went with him walking—I walked from Leyton to Kingsland with him—while we were walking, I saw a policeman—I was taken in custody at my own place—I had parted company with the prisoner, and he, with the policeman, came to my place, and he charged me with robbing him of 5l.—the policeman came into the house—the prisoner was outside the house—I did not rob him of any money.
DAVID LAWRANCE (policeman, H 249). On Sunday morning, 3rd Aug., I was on duty in Temple Mills lane, which is between Leyton and Kings-land—about 7 o'clock that morning I saw the prisoner, and the prosecutor walking with him—I said to the prisoner, "Good morning, are you going for a walk?—he said, "Yes, I am going to have a bathe in the river Lea"—the prosecutor did not say anything—we all three walked on together till we came to a gate near the river Lea—the prisoner got over the gate to go to the water to bathe—the prosecutor did not go with him—he and I walked on, and a few minutes afterwards the prisoner came on after the prosecutor and me—he overtook us a little distance on—I asked him how it was he did not bathe—he said he did not think it was allowed, being near the road, and if his mate (meaning the prosecutor) was going to Leabridge
he would go with him—we talked three or four minutes, and went to a stall and got some refreshment—I went, and left them together.
Prisoner. I saw this witness; I did not know he was on duty. Witness. He knew I was on duty, he has very often seen me—I know the man well—he lodged not far from my house.
THOMAS WALKER . I am pay sergeant of the company of the 19th regiment to which the prisoner belonged—I paid all the money that was paid to the men—on Saturday, 2nd Aug., I did not pay the prisoner 5l.—I did not pay him any money in July—on 4th Aug. I paid him some—he had no money from the 27th June, when I paid him 1l., till the 4th Aug. when I sent him 1l. by a Post-office order.
GEORGE TOLL (the prisoner). I am a potman. I was last employed at Mr. Yeoman's, at the King's Head—I was in his employ when the prisoner and the prosecutor slept there—on Monday morning the prisoner said to me that if I would say that I saw five sovereigns in his hand, if he got it, he would give me part of it—I did not see five sovereigns in the prisoner's hand at any time.
COURT. Q. Did you go before the Magistrate and swear that you saw five sovereigns in the prisoner's hand? A. Yes—that was all that the prisoner said to me—I saw Booker on the Monday charged with stealing the money from the soldier—I swore that I saw five sovereigns in the soldier's hand, and it was not true.
GUILTY . Aged 20.— Confined One Year.
MR. MACENTEER conducted the Prosecution.
BERNARD WARD . I am in the employ of Mr. Casey. On 22nd July I sent the prisoner to Billingsgate-market, and received eleven dead salmon there, cut up, and put into a tub, which was put into the cart, and we came towards home—we went to a public house in front of the London Hospital—a man came out and spoke to the prisoner; then the prisoner came to me, and told me to send him into the bar; I did so, and the prisoner told me to put the salmon into the basket; I did so, and the man took it out of the cart—there was more refuge of fish in the basket, but that was not taken, only the salmon—I should know the man again, but have not seen him since—the prisoner and the man were in the public house, talking together, while I was outside minding the horse and cart, after the fish was taken—I stopped there till the prisoner came out—my master had sent me under the prisoner, to do what he told me—we then went home, and delivered what we had in the cart, at West Ham—my master spoke to me about it next day, and I told him.
Cross-examined by MR. METCALFE. Q. Were the salmon for manure? A. Yes; my master makes artificial manure—there was a good tidy bit of fish in the cart, in baskets and tubs; the salmon were in a market basket, which belonged to one of the salesmen—the man was dressed in corduroy trowsers and a pilot jacket—he did not ask the prisoner to give him some salmon as he was very poor, and had a wife and children at home—I was in the cart when he first came up, and the prisoner was driving; he stopped at the public house—that is out of the way to West Ham—the tub was empty when we took it back—you do not go to the back of the London Hospital to get into the Commercial-road, that is the first time I have been that way.
COURT. Q. Which way did you go after leaving the public house? A. We came up at the side of the hospital, and went down the Commercial-road, which is the road we usually went—we went by Whitechapel Church—we turned to the left, and then returned into the same street again.
HENRY JONES . I am a foreman in the employ of Mr. Casey, superintending his manufactory at West Ham. The prisoner is in his employment—it was his duty to go to Billingsgate-market every morning with a hone and cart, and bring away the refuse fish—he went there on Tuesday, 22nd July, and brought home a quantity of refuse fish, but no salmon—that was not a remarkable thing, as I had never had any salmon before—the prisoner was not authorized to stop at any place that I am aware of—there were several tubs in the cart, some empty, and some with fish.
Cross-examined. Q. Is that always so? A. Yes, unless they get a quantity, and are all full.
JAMES BROWN . I am a fish inspector, appointed by the Fishmonger's Company to superintend Billingsgate market. On 2nd July I delivered eleven salmon to the prisoner—they weighed 75lbs.; I cut them up, to prevent their being used for food, as they were not fit for use—we generally cut them up in pieces of 1lb. or 2lbs.—I put them into a tub in the prisoners cart, which comes daily for that purpose to the market.
Cross-examined. Q. Perhaps you cut them up lengthways? A. Across and across, and any way—nothing was paid for them by the prisoner, and I do not get anything for them—I am paid by the Company.
THOMAS CASEY . The prisoner was my carman—I carry on this manufactory at West Ham—this fish was worth to me, for a peculiar kind of manure which I am making, about 1d. per pound—the prisoner's wages were 18s. a week, but he had 21s. altogether, and yet he has been robbing me ever since he came.
Cross-examined. Q. You pay nothing for the fish? A. No; I merely send my cart, and what is given into it is brought back—I send twice a day, in order that there shall be no smell in the market—there is a good deal of shell fish, which makes it rather unprofitable, but the salmon is profitable.
(MR. METCALFE contended that there was no case against the prisoner, either of larceny or embezzlement; that the offence did not amount to larceny from the master, as the fish never reached him; and that it did not amount to embezzlement, as the master had never had salmon before, did not accept it, and did not expect it.)
COURT to HENRY JONES. Q. Did you say that you never had any salmon? A. Not that I am aware of, unless it was very small—I sent for all refuse fish, making no exception, whether it was haddock or other fish—(The contract, being produced, stated, "I hereby authorize you to receive all condemned fish, you agreeing to do so at your own cost and expense." THE COURT, in leaving the case to the Jury, stated, that if they found a verdict of Guilty it must be guilty of embezzlement).
GUILTY of embezzlement.
(The prisoner was further charged with having been before convicted.)
(policeman). I produce a certificate—(Read: "Chalms ford Quarter Sessions, Robert Smith, Convicted of stealing 8lbs. of potatoes and I sack of his master. Confined three months")—I was present—the prisoner is the person.
GUILTY.— Confined Six Months.
WILLIAM CLARK (policeman.) On 15th Aug. I was on duty at Leyton about 12 o'clock, and saw the prisoner and another loitering about—I followed them some distance and lost sight of them—I afterwards saw the prisoner on the Lea Bridge road with this bundle (produced) under his arm—I asked him what he had got, he said that he did not know.
ANN CORNELL . I am the wife of David Cornell, of Salter's-buildings, Walthamstow. On 18th Aug., between 11 and 12 o'clock, I put out some clothes to dry near my cottage, and saw them safe about 3 o'clock—I afterwards sent my servant to take them in; she took in all that were there, but I did not miss any till the policeman showed them to me—they did not belong to me, but I had them to wash, and I lost another most expensive one at the same time—here are two petticoats here.
Prisoner's Defence. It was not me that took them.
GUILTY .** Aged 18.— Confined Six Months.
Before Michael Prendergast, Esq.
MR. BODKIN conducted the Prosecution.
RICHARD MUFFETT . I am a tobacconist, and reside in Woolwich. On 21st July the prisoner came into my shop for half an ounce of tobacco between seven and eight o'clock—the tobacco came to 1 1/2 d.—he gave me half a crown, I gave him change—when he had gone I looked at the half-crown attentively, and found it was bad—I went out of the shop after him, but he was gone—I marked the half-crown and put it on a shelf behind me—on Wednesday, the 23rd, I gave the same half-crown to the onstable—on that day the prisoner came to my house again—my wife was there, and he asked her for half an ounce of tobacco—the moment I saw him I recognised him again—I went up and saw a shilling on the counter—it was bad—my wife had given him change, and he had left the shop—I went after him and gave him into custody—I gave the shilling to the officer—I am sure the prisoner is the man who was there on the Monday.
Prisoner. Q. When I went in your shop where were you? A. Behind the gas burner—I saw my wife put the shilling in the till and take it out again momentarily—there was no other shilling in the till—I did not say that your mate was there on the Monday night or Tuesday, I was not certain which—there was a man outside on the Wednesday, but whether he was there on the Monday I cannot say.
ANN MUFFETT . I am wife of the last witness. I was in the shop when the prisoner came on Wednesday, the 23rd. He asked for half an ounce of tobacco—I served him; he gave me a shilling—I put it in the till—there was no other shilling there—I gave him change, and he left—nay husband came to where I was—he took the shilling, and ran after the man—I am sure he took the same shilling that the prisoner gave—I had no other there.
Prisoner. Q. How lung was it before you saw it again? A. I have not
seen it since—my husband took it, and bit it with his teeth—the one he bit was the one I took from you.
SAMUEL POTTER (policeman, R 335). I was called to the prosecutor's shop, at a quarter pit 10 o'clock that evening—I found the prisoner here—the prosecutor gave him into my charge for passing a bad half crown on Monday, and a shilling on that day—he said he was not there on Monday, he was sleeping at Gravesend, but he could not tell the name of the street, not the person that he was with—I received this shilling from Mr. Muffett, and this half crown from him, after his wife had given it him from the shelf—I found on the prisoner two good shillings, two good sixpences, and 5d. in copper.
Prisoner. Q. When you were searching me in the gentleman's parlour, did you not hear him say that my mate was there on Monday 9 A. No; all that he said was that there was one man outside.
GUILTY . Aged 21.— Confined Six Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
ELIZABETH JENKINS . My husband keeps the White Hart in Hare-street, Woolwich. On Sunday evening, 10th Aug., about half past 7 o'clock, Casey and Sullivan came into the house—Casey asked for a pint of ale—I served him—he offered me a half crown—I put it in the tester, Mid found it was bad—Casey and Sullivan drank the ale—when I found the half down was bad, I called my husband, who was in the bar parlour—he came in the bar, and I gave him the half crown—he wished me to return it to Casey who had given it me, and I did so—my husband then asked Casey to give it him back, and be put it down on the counter, and said, "Here it is, it is no good"—my husband took it up—Sullivan asked Casey if he had got any more money—he said "No;" and Sullivan paid in coppers for the ale—they went away together.
Cross-examined by MR. HORRY. Q. I believe Casey handed the half crown back to your husband, and said, "Keep it, as it is; a bad one, it is no use to me "? A. I believe he did say so—we have had a good deal of bad money lately about that quarter—it is usually passed to me—I did not hear Sullivan say to Casey, "Will you have any more ale?"—I did not hear Casey say "No, not at present."
CHARLES HENRY JENKINS . I am husband of the last witness. On 10th Aug. I saw Casey and Sullivan at my house—my wife showed me a bad half crown—I bent it, and showed it to Casey—I told him it was bad—he said something to the purport that he did know it was bad—I told my wife to return it to the person who gave it to her, that I might know who gave it; and she gave it to Casey—I took it instantly from him, and said, "Allow me to look at it"—I bent it—my wife said to Casey, "You gave me this half crown"—Casey said I might keep it, and on that I let them go—Mrs. Jenkins was paid for the ale—I believe it cant to 3d.—I went to the door, and I saw the constable—I told him what had taken place in the house, and gave him the bad half crown.
Cross-examined. Q. Do you ever have the persons in the dockyard seat to you for change? A. Not to my knowledge.
JAMES WOOD . I am waiter at the Castle public house, at Woolwich. I was waiting there on Sunday, 10th Aug., about 8 o'clock in the evening—the prisoners Casey and Shea came into the tap room—Shea called for a pint of ale—I brought it, and Shea paid me with a counterfeit half crown—I put it in my teeth, and scraped a bit off it—I was coming out at the door, and the constable was there; and be took it of me, and found h was bad—Casey and Shea drank the ale—I gave Shea 2s. 3d. change after I had given the half crown to the officer—that was that he should not be mistaken as to who it was that gave me the half crown—the prisoners were taken into custody in the house—Shea said he could tell where he got the half crown from.
Cross-examined. Q. Could you see them in the tap room from the bar? A. No, the tap room is on the side—I pulled the door to after roe—I put every piece of silver between my teeth—I was not aware that this was bad—I was going to take it to the bar in the ordinary way, but the constable coming in directed my attention more particularly to it—he told me to give the 2s. 3d.
COURT. Q. But you would have given the 2s. 3d. without the constable? A. Yes—Shea said he could account for it—Casey said he knew nothing about the man except that he came in and drank with him—I saw Casey do no more than drink—the Castle is about three minutes' walk from the White Hart.
JOHN NEWELL (police sergeant, 59 R). I was in Woolwich in plain clothes about 8 o'clock on Sunday evening, 10th August, near the White Hart—Mr. Jenkins gave me this half crown and made a communication to me—in consequence of that I watched Sullivan and Casey—when they came out of his house they separated—Casey went down the street and Sullivan went up the street—I followed him to Powis-street, and then Casey and Shea came up to him—they remained together four or five minutes—I could not hear what they said, but I saw they were talking to each other—they all went down to the Castle public house—Casey and Shea went into the house and Sullivan remained at the corner of the street, about twenty or thirty yards off—I went and stood at the door of the public house—I, saw Casey and Shea take some ale which was brought into the tap room by the boy, who shortly returned with a half crown in his mouth—I asked him to let me look at it—it was bad—I got assistance and went into the tap room—I took Casey and Shea—I told them they were charged with uttering counterfeit half crowns—Shea said he could account for where he got it—I said he must go to the station and account there—Casey said he knew nothing about it—I took them to the station—I found one penny on Shea and 2s. 6d. in good money on Casey—I left them in the station and went back to where I left Sullivan—I found him still standing there—I took him into custody, and told him it was for being in company with others passing bad money—he said he knew nothing about it—he was taken to the station and searched by another officer.
Cross-examined. Q. Is Powis-street in the way from the White Hart to the railway station? A. Yes; Casey came up Powis-street and met Sullivan—I first followed Sullivan and lost sight of Casey—I saw him again in two or three minutes.
WILKINSON, (policeman, 237 R.). I assisted in taking Sullivan
to the station—I searched him and found a counterfeit shilling in his trousers pocket, which was wrapped in paper—I was continuing to search him, and he said, "It is no use your searching; I have no more, if I had, they would be altogether."
(The prisoners received good characters.)
Recommended to mercy by the Jury on account of their good characters.
CASEY— GUILTY . Aged 37.
SHEA— GUILTY . Aged 27.
SULLIVAN— GUILTY . Aged 40.
Confined Four Months.
Before Mr. Common Serjeant.
ANN DAVIS . I am the wife of William Davis, he is in the Crimea—I have a child named George, he is six years and a half old—I lodge in the house of the prisoner's mother, in Hale-street, Deptford—the prisoner lived there—about a month before I went before the Magistrate, I sent my child to a Sunday-school at 9 o'clock in the morning—he did not come home to dinner—at 5 o'clock he did not come, and I went to the school—he was not there—I did not see the prisoner that day, I saw him on Saturday evening—on Sunday night, I told the prisoner's mother I missed the child and the prisoner was not come home—I had seen the prisoner take notice of the child before—he was very kind to it—he had taken him for a walk, and the child said that the prisoner had said he would take him to Liverpool.
Prisoner. Q. Through the cruel treatment the child received from you, he begged me to take him away; was the child treated kindly by you? Witness. Yes, it had a sufficiency of bread and butter—I have three other children.
WILLIAM RIVEKS WILSON . I am an inspector of police. On 13th July I received information, and made inquiries, and an the 25th I found the prisoner in his mother's house, in Hale-street, Deptford—I asked him what he had done with the child; he said he had not seen it—I took him to the station, and he said he had taken the child to Liverpool, and left it in the care of Mrs. Larking, No. 36, Lime-street, Liverpool—he said he did not take it there, but he left it at the railway, and told it to go there—he said he intended to take the child to Liverpool, and send it to school, and bring it up to the same trade as himself—he said the child had not been very well treated by its mother.
Prisoner. I bought the child a jacket, and a pair of boots.
Prisoner's Defence. I am not guilty of anything wrong; I took the child through charity, from starvation and cruelty; the child begged me to take him to Liverpool, on account of the cruel treatment he received from his mother.
(The prisoner's sister and mother stated that the witness ill-used and beat the child.)
GUILTY . Aged 20.—Recommended to mercy by the Jury, thinking he had no malicious motive.— To appear to receive Judgment when catted on.
I was at the North Woolwich Railway Station; I bad with me five or six friends, and an elderly gentleman—we were coming from the taven where we had dined, and I was assisting him into the railway carriage, and during that time I felt a tug at my watch—I turned immediately, and found the prisoner with my watch chain in his hand—I closed on him and kept him there, and the watch dropped from his trowsers during the scuffle—I called, and the policeman came—I turned and took the watch off the groud, and gave the prisoner into custody.
Cross-examined by MR. DOYLE. Q. Was there a great crowd on the platform? A. There was a rush; the persons were trying to get in a carriage—I seized the one with the chain in his hand—the prisoner was trying to get in a first class carriage—I had been dining at Woolwich—this was between 9 and 10 o'clock—there were lights in the Railway—I had the watch chain round my neck.
OWEN ROBERTS (Railway policeman, No. 2). I was at the North Woolwich Railway between 9 and 10 o'clock that night—I was called, and found the prosecutor had got the prisoner in custody—he handed him over to at this is the watch which the prosecutor picked up close to the prisoner's feet.
Cross-examined. Q. There was a great crowd on the platform? A. A good many, not so many as there are sometimes—there was not so much crowd in the first class as in the second—I saw the prosecutor pick the watch from the ground—it was about two yards from the prisoner—it was light enough to see that—it was lamp light—the prisoner said he was not the person, that there was some woman near, but there was no woman near when I was there.
GUILTY . Aged 22.— Confined Six Months.
PLEADED GUILTY . Aged 24.— Confined Twelve Months.
PLEADED GUILTY . Aged 20.— Confined Three Months.
MR. WAY conducted the Prosecution.
JOHN JENNINGS (policeman, R 251). On 31st July, about 5 minutes before 4 o'clock in the morning, I was passing Messrs. Penn's factory, in Coburg-street, Greenwich—I was passing the prisoner's house, which is not far from the factory—I heard a noise in the yard—I looked through the gate, and saw the prisoner move some iron and put it in a shed—I went in search of the constable on the beat—I turned back to the prisoner's house, and saw him—I went again, and found the constable on the beat—I went back, and found the prisoner covering some iron in the yard—I passed through the house, and found the prisoner in the yard, with a piece of iron between his thighs—I went into the yard, and the prisoner let the iron fall, and he said, "Jennings, don't take me; I will not do it again"—I took him to the station, and left the other constable there—I came back again, and searched, and found between 10 and 12 cwt. of iron, partly in the shed, and partly in the yard—there is a heap of iron in Messrs. Penn's field, which is divided from the prisoner's yard by a fence—the iron is of the same description as that found at the prisoner's—I searched the prisoner's house, and found several pieces of timber.
ALFRED BROOKER (policeman, R 124). I was called by the last witness, and went with him to the prisoner's yard—I saw him removing some iron—the last witness took him, and I remained in the yard—I examined the fence between the prisoner's yard and Messrs. Penn's—there is a gateway there, but it was locked—I examined the iron, and I produce a piece—this piece was at the prisoner's, and this other was at Messrs. Penn's—they fit exacfly—it has been broken off.
JAMES MASSEY . I am in the employ of Messrs. John Penn and others, I engineers. The prisoner's house adjoins their factory—there is a meadow at the back, and in it was a stock of iron, the property of my employers—the prisoner had no authority whatever to remove any iron—I have looked at the piece produced, and match it with that from the prisoner's yard—it is my employer's property.
(The prisoner was further charged with having been before convicted.)
GUILTY . Aged 53.— Confined Twelve Months.
Before Mr. Baron Martin.
MR. COOPER conducted the Protection.
WILLIAM NOLAN . I live at No. 9, Cheater-street, Kennington, and am a plasterer. On 26th June, between 3 and 4 o'clock in the afternoon, I was going past the prisoner's house in Lorimer-terrace, with Morgan and Allen, and heard a cry—I did not notice it particularly, but Morgan did, and went into the house; I went in after him, and saw him in a scuffle with the prisoner—he had nothing in his hand at that time that I saw—Morgan was being pulled about—I saw him out of the house—as we were leaving, I felt something come on my shoulder—I immediately turned round to see what it was, and felt something hit me on the forehead—I could not see what it was—I received a wound, which is here now—the skin was out.
Cross-examined by MR. DOYLE. Q. When you went in, was not Wade on the ground, and had not Morgan hold of him? A. No—Morgan did not use violence—I do not believe he had Wade by the throat, Wade appeared to be struggling to get away from Morgan—I never interfered at all, nor did Allen—I cannot say whether the wound I received was accidental, in consequence of my turning round—I was taken to the hospital—I am not quite well now—I go there still twice a week—I still suffer from pain and heaviness at times—I cannot say whether the prisoner was sober or drunk—since this he has paid me the amount of my wages, 30s. a week—he has voluntarily done all in his power to compensate me for the injury.
ALFRED ALLEN . I reside at No. 3, Wellington-terrace, Camberwell I was passing the prisoner's house with Nolan—I saw the blow givenit was with a sword—the prisoner was in a very excited state—I cannot say whether it was from drink—we were strangers to him.
(MR. DOYLE here stated that he could not resist a verdict of unlawful wounding.)
GUILTY of unlawful wounding.—Recommended to mercy by the Prosecutor.
Confined Three Months.
(MR. LE BRETON offered no evidence.)
NOT GUILTY .
Before Mr. Common Serjeant.
PLEADED GUILTY .* Aged 18.— Confined Eighteen Months.
837. HENRY CLARK and CHARLES HILL , burglariously breaking and entering the dwelling house of Simon Casimir, and stealing therein 8 coats, 7 waistcoats, and 5 pairs of trowsers, value 11l.; his goods.
ELIZABETH REASON . I reside at No. 11, Devonshire-place, Kennington. On Monday morning, 11th Aug., I saw three men loitering at the bottom of the street—I went up stairs, looked out of the window, and saw two of them enter Mr. Casimir's house, No. 24, Devonshire-place—I cannot swear to the prisoners—as I stood there, I saw the man furthest from me put his hand round like this, at the oyster stall—after the policeman had taken the man into custody, I saw him by the oyster stall, put his hand round the tub, and when I went out there was the crowbar.
Cross-examined by MR. SMITH. Q. You know nothing about Clark? A. No.
Cross-examined by MR. LOGIE. Q. What became of the crowbar? A. The policeman has it.
ANN ROOK . I am the wife of Michael Rook, of No. 22, Devonshire-place. On 11th Aug., about 10 o'clock in the morning, I noticed three men walking up and down the street, opposite my window—I can swear to two of them—I mentioned it to my landlady—the third man had light trowsers, and short, and was rather round shouldered—I saw him go towards No. 24—he stopped, looked into the keyhole, and said, "All right, mate"—I went down stairs, went out, and saw them in custody—it was then about 12 o'clock.
Cross-examined by MR. SMITH. Q. Had you ever seen them before? A. No, but I was at the window several times, and saw them walking up and down on the other side of the street—there were no carriages or omnibuses about—I was on the first floor.
Cross-examined by MR. LOGIE. Q. Was your landlady at the police court? A. No, she did not come to the window because she was engaged—when I went up to the window I saw the third man—there were three men when I first saw them.
ELLEN REED . On this day in August I saw some men lurking about in the early part of the morning, but was too much engaged to attend to them—my lodger afterwards called to me, but I was too busy to look—I have come as interpreter.
JOHN ENGLAND (policeman, L 144). On Monday, 11th August, I was in bed, but was called up—I went to Devonshire-place, and saw the two prisoners come out of No. 24—Clark came towards me, and the other went the other way—I took Clark, and asked him what number he had come out of;
he said, "No number at all," and that lie had come down the street—I asked him to go back—I knocked at the door three or four times, but no one answered; I then took him to the station.
Cross-examined by MR. SMITH. Q. Had you known Clark before? A. No.
Cross-examined by MR. LOGIE. Q. How far were you from the house? A. About twenty yards—it was about 12 o'clock—that was about twenty minutes after I had been sent for—Hill walked away from me—I asked what number they came out of, because I knew that there was no one art home—I saw them come out, but I asked to see whether he would tell me truth or an untruth—it was about two minutes before Hill was taken.
GEORGE HENRY LOVELOCK (policeman, L 83.) On Monday, 11th August, I was with England—we both live in one house—I went with him to Devonshire-place—we stood there about twenty minutes, about twenty yards off No. 24, on the same side of the way, and saw the two prisoners come out—I stopped Hill, and said, "Well, young man, what, have you been doing at No. 24? I am quite sure the house is empty, there is only one old gentleman living there, and I understand he is from home"—he said that he did not come out from there, and knew nothing of the house—I took him back towards an oyster stall, and met the policeman and the other prisoner—Miss Reason found this crowbar (produced) on the oyster stall, and gave it to me—there were marks on the door of No. 24—I have compared the marks with this crowbar, and they correspond exactly.
Cross-examined by MR. SMITH. Q. When did you first see the crowbar? A. Miss Reason had it in her hand—I am quite certain I saw the two prisoners leave the house.
Cross-examined by MR. LOGIE. Q. Did you stop to eat oysters at the stall with Hill? A. No—it is a very nicely made crowbar—I saw nothing of a third man—I went back to the house in about a quarter of an hour—no other constable had been there that I am aware of—I met the owner of the house, and got in.
JOSEPH HUDSON . I live with my father at No. 46, New-street, Vauxhall—on this Monday, about 12 o'clock, I was going up Devonshire-place, and saw the prisoners coming out of No. 24—I am quite sure of them—I saw them stopped.
SIMON CASIMER (through an interpreter). I live at No. 24, Devonshireplace—I pay rent for the house—on Monday, 11th August, I left home about a quarter past 10 in the morning, leaving the house closed—I pushed the door with my hand, and it was fast—I left nobody in the bouse—I took the key away—when I returned I found the house in disorder—my bed was in disorder—the things from the drawers were all over the room—I have not lost anything—the parlour door was forced open—I have seen one of the prisoners passing the house—my clothes were moved from thedr awer where I had left them, and were strewed about in different parts of th room.
Cross-examined by MR. LOGIE. Q. Was there any one article you can swear to that you left in one place and found in another? A. Everything was turned over.
Cross-examined by MR. SMITH. Q. You point out one prisoner as having seen him before walking about? A. Yes; that is Hill.
CLARK— GUILTY . Aged 47. Confined Six Months.
HILL— GUILTY .
(Hill was further charged with having been before convicted).
Clerkenwell Sessions, Samuel Hill, Convicted Jan. 1856, of stealing 7s. 6d. from the person—Confined six months)—I had him in custody, and was present at the trial—Hill is the person.
HILL—GUILTY. Aged 38. Four Years Penal Servitude.
Before Michael Prendergast, Esq.
MR. THOMPSON conducted the Prosecution.
ROBERT WILLIAM CASSELL . I was manager of the Crystal Palace Hotel, Norwood, up to 24th June. On 19th June, about 10 o'clock, I fastened the hotel up—I fastened the door leading to the verandah with a bar, and not considering it quite safe, I put an iron table against the shatter—it is a French window—the doors were fast—I went to bed at a little after 10 o'clock—next morning, at about half past 5 o'clock, I heard a heavy fall, but did not take notice of it on account of having a number of porters about the house—I know that it was; before 6 o'clock because I was called at about twenty minutes past 6 o'clock—I came down stairs, and found the French window wide open, the table thrown down and broken, and the marble slab thrown off it—the table weighed 80lbs.; the iron legs of it were broken—there were no marks of violence on the window—the iron bar had slipped off, it did not catch properly, but it was quite shut to—I missed about 26lbs. of wire, and several books, and this table cover (produced)—this is the wire, and these four books I saw before I went to bed—I found all the property I lost—it is worth 25s.—I was put in as manager, by the assignees of Thomas Masters—I carried it on for seventeen months—I was appointed by Mr. Pennell, the official assignee, and by the trade assignee—it is now closed and given up to the mortgagee—it is part of a bankrupt's estate.
GEORGE MORRIS HANTLER . I am a bath proprietor, of Anerley-road. On Tuesday, 20th June, about 6 o'clock in the morning, I heard a noise in the shrubbery in front of my house, and then saw the prisoner pass my door with this wire in this handkerchief—I asked him what he had in the bundle—he said, "Only a little wire; I am going to work"—I said, "You de not go till I see what you have got in that bundle"—he said, "Do not get a fellow into a row; it is only a little wire, you may take it"—(my premises are about twenty yards from the hotel)—I held him, and called a policeman; I then went to the hotel, called the porters up, who went to the back of the premises, and saw the window which had been entered—a marble table was overturned and broken, and the shutter bar was broken.
Prisoner. I told him that what I had did not belong to me; I had been sleeping there all night. Witness. He lodged in my water closet—was things were found there which he had been sleeping on.
WILLIAM MARSH (police sergeant, 33). Hantler gave the prisoner into my custody. I asked him what he had got in the bundle—he said that it was not his, but the handkerchief was, and he did not know what was in it—I opened it, and found four books, two rolls of wire weighing 261bs., and a table cover.
The prisoner's statement before the Magistrate was here read as follows:—" I was drunk, and I do not know how I got into the place; I saw a man, and he sent me for the bundle, which was sixty yards from the hotel; he
had borrowed a handkerchief of me two hours before; I found the wire in it; I did know anything else was in it."
Prisoners Defence. I was paid off at the Crystal Palace, and received 17l. 10s., and lost it; I drank with fifty or sixty of the men who were in the Crimea, and in the morning I found myself sleeping in a water closet; there was a man inside who asked me to give him my handkerchief to wash his face, when he brought it back with books in it; I saw that it was wrong,; one of the witnesses came out of a house and asked me about it, and I said that the handkerchief belonged to me.
WILLIAM MARSH re-examined. I omitted to say that I searched him, and found on him a porcelain door knob, and a quantity of bone cheques aged by licensed victuallers to check the servants—we examined the windows, and there were some knobs very much like this—he gave no account of how he became possessed of the cheques—he had no companion, he was quite alone.
GUILTY . Aged 32.—Recommended to mercy by the Prosecutor and Jury.— Confined Six Months.
PLEADED GUILTY . Aged 22.— Confined Nine Months.
PLEADED GUILTY . Aged 19.— Confined Three Months.
MESSRS. CLERK and LOGIE conducted the Prosecution.
JANE JORDAN . I am the wife of William Jordan, he keeps the Neville Arms at Vauxhall. On 17th July, about half-past 4 o'clock in the afternoon, the prisoner came for half a quartern of gin, nod paid me with a sixpence—my husband had said something to me a short time before, and he had taken the till away and left me an empty bowl, and when I took the sixpence from the prisoner I put it in that bowl—my husband came in a few minutes and took the sixpence out of the bowl—he tried it with the test and broke it in half—he put the pieces on the shelf amongst the glasses—the prisoner went away to his own house—he lives nearly opposite—he came back in about ten minutes—I was in the bar, I had not left it—my husband was there when the prisoner came back—he called for a pint of porter and my husband served him—he offered to pay with another sixpence—I saw my husband try it in the test, and he broke that in half also—he said to the prisoner, "Now I have taken two bad sixpences of you; you must either replace them with good money, or I will give you in charge"—the prisoner searched his pockets and produced two or three pence, and said he had no more—he applied to several persons who were with him at the bar, but none of them felt inclined to lend him any—he was given in charge—my husband gave the sixpences to the policeman in my presence.
Cross-examined by MR. LILLEY. Q. Do you remember what time you first saw the prisoner? A. Between 3 and 4 o'clock—he was given into custody about half past 4 o'clock, or it might be 5—I cannot say whether it was a few minutes after or before—the prisoner lives nearly opposite me—I had never seen him in my house before—I knew where he lived, because we had been warned by all the neighbours, and he has been pointed
out to me—I do not know his brother—I had never seen him in the house—the prisoner was never in the house before, to my knowledge.
WILLIAM JORDAN . I keep the Neville Arms. On 18th July I saw the prisoner in my house, between 4 and 5 o'clock—a neighbour came into the skittle ground, and asked me to go into the bar, which I did, and I gave some caution to my wife—soon after that I went to a bowl, and found a sixpence there—I doubled it, and my wife put it on a shelf—when the prisoner left my bar, he went to No. 9, opposite, not more than fifty yards off—I saw him again in about twenty minutes—he came for a pint of beer—I served him—he gave me a sixpence—I put it on the counter, and had four penny pieces to give him in change, but I saw the sixpence was bad, and I told him it was no use to come with that money there—I doubled up the sixpence by the tester, and told him to pay me for my beer in good money—he paid two penny pieces—I told him about the other sixpence, and told him to make it good—he said he could not—I waited some considerable time to see whether he could pay me, or get some one to pay me—I would not let him go till he paid—after a delay of half an hour, or three quarters of an hour, when I found he could not, I sent for a constable—the second sixpence was picked up in front of the bar, by a person who saw it dropped—it was given me by Dixon—I handed it to the constable—I also gave him the one that had been bent before, and which was on the shelf—the prisoner had not been in my house before, to my knowledge—he did not say how he became possessed of the sixpences.
Cross-examined. Q. Do you know the prisoner's brother? A. I do not know either—I do not know how long the prisoner has lived at No. 9—I have lived there but a short time myself.
THOMAS DIXON . I was in the Neville Arms on 18th July—I saw the last witness put a sixpence on the counter that the prisoner had tendered to him—I did not see the prisoner do anything with that sixpence—I heard something fall from him—I picked it up—it was a sixpence—I gave it to the landlord.
Cross-examined. Q. In what state was the prisoner as to liquor? A. He had been drinking, I think—I never knew him before that day.
MR. CLERK. Q. Were you there before the officer came? A. Yes—the prisoner was there with some friends—he was able to talk rationally.
WILLIAM STACK (police sergeant L 26). I was called to the Neville Arms, and took the prisoner in charge—I received these two sixpences from Mr. Jordan—as I took the prisoner to the station, he said, "If these two are bad, I passed three at the Lamb and Hare to-day"—I found on him one halfpenny.
Cross-examined. Q. Did you know him before that day? A. I had seen him—I did not know where he lived—I do not do duty in that neighbourhood, I was going to the station.
(The prisoner's statement before the Magistrate was here read, as follows: "I received the two sixpences at the Neville Arms—the landlady gave them to my brother in change for a florin, and he passed them to me.")
COURT to JANE JORDAN. Q. Do you remember giving change to any person for a florin? A. Yes; I gave a shilling, a sixpence, and two penny pieces—I am certain the money I gave was good.
(The prisoner received a good character.)
GUILTY . Aged 39.— Confined Four Months.
Before Mr. Common Serjeant.
PLEADED GUILTY . Aged 20.— Confined Eighteen Months.
LAWRENCE. I am the wife of George Daniel Lawrence, who keeps the Bear and Ragged Staff, in Upper Ground-street, Lambeth. On the night of 13th August, I was awake the whole night, and at a little past 4 o'clock in the morning, I heard the noise of a window being lifted up—I can state that it had been closed the night before, I had looked round the house—I heard footsteps in the passage—I opened the window and called out my son's name—I heard some persons going down stairs, more than one person—they were tumbling over each other—I awoke my husband—we went down stairs and the policeman had got the prisoner.
Prisoner. Q. You swear you heard a window going up, which window was it? A. I thought at first it was the club room window—I could not tell which windqw—I said you entered by a window—I did not see you in my house—the policeman caught you coming out of the door.
SIMON TUCKER (policeman, L 92). At a little after 4 o'clock in the morning of 14th Aug. I was in Upper Ground-street—I passed the prosecutor's house—I saw two men coming out of the door—I laid hold of them both—one of them got away—the other was the prisoner—I never lost hold of him—this chisel was picked up inside the house, but there were no marks of violence.
Prisoner's Defence. I was coming by the house, and some man opened the door, and said to me, "Come in, and take this bar shutter down;" the lady of the house called out, "George, is that you?" the person said, "Don't make a noise, the governor is ill;" he went out; I was going to take the shutter down, and the policeman took me.
(The prisoner was further charged with having been before convicted.)
JAMES STANNAGE (policeman, L 89). I produce a certificate of the prisoner's former conviction (Read: "At Newington, on 22nd March, 1855, William Harris was convicted, and ordered to be confined four months)—the prisoner is the person—I had him in custody, and was present.
GUILTY. Aged 24.— Confined Nine Months.
PLEADED GUILTY . Aged 35.— Confined Eighteen Months.
Before Michael Prendergast, Esq.
ISAAC SHEPHERD (police sergeant, L 49). On 17th Aug., a little before 5 o'clock in the morning, I was on duty in Princes-road, Lambeth. I saw the prisoner with this bundle with her—she saw I was noticing her, and she went into a public house—I told a person to tell her to come out, I wanted to speak to her—she would not, and I called her myself, and asked her what she had in her apron—she showed me, and it was these two pairs of boots and two gowns—I asked her how she came by them—she said one
pair of boots was her husband's, and all the other things her own—I asked her where she lived, and she said at No. 18, John-street—I took her there, and found she did not live there—I then asked her where she did live, and she refused to tell me, and seemed very much confused—she said the things were her own, and she was going to pawn them—I said, "You must go to the station"—she said, "Don't take me there"—she had some halfpence in her hand, and she offered me 2d. for some beer—I refused to take any money, and took her to the station—she was searched, and a duplicate was found on her—while we were examining the prisoner, the prosecutrix came in, and gave information of the robbery.
Prisoner. These things were given me by a woman in the street; that was what I said. Witness. No, you said they were your own—I had one pint of beer by the sergeant's permission, and I paid for it.
ANN HEARNE . I am the wife of John Hearne; he is a fire wood cutter, and lives at No. 8, Garden-place. I went to bed last Sunday night at 10 o'clock—I had fastened the doors, and bolted them—my husband generally gets up at 4 o'clock in the morning, and the policeman called him as usual, the next morning, but he did not want to get up so early that morning—he answered the policeman and went to bed, and when he got up at half past 5 o'clock, the street door was open—he went down and missed his boots—he called me—I went down and found the back door was open, and then two frocks and the boots were gone—I went to the station, and the prisoner was there—she said to my face that these were her things—I said, "They are mine, and I can prove it"—when we were before the Magistrate, she said she had them given her—I am quite sure she said to my face that they were her's—they are my husband's property.
Prisoner. I said, "Are they yours "? Witness. No; you said they were yours.
COURT. Q. How had your house been opened? A. There is a wall in the yard, about six feet high, and there is a wash house against the wall—some person had been there and broken a tile in getting over—there is a broken square of glass; some one had put their hand in and opened the window, and had cut their hand.
Prisoner's Defence. When she said they were hers, I said, "Oh! are they?" that was all I said; a woman gave me the things; she was dressed just like her; I am as innocent as you are; I know nothing about the things being stolen.
GUILTY ** of receiving. Aged 40.— Confined Six Month
ADJOURNED TO MONDAY, SEPTEMBER 15, 1856.