Old Bailey Proceedings, 27th October 1856.
Reference Number: t18561027
Reference Number: f18561027

CENTRAL CRIMINAL COURT.

SALOMONS, MAYOR TWELFTH 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, October 27th, 1856.

PRESENT—The Bight Hon. the LORD MAYOR; Sir JOHN MUSGROVE, Bart, Ald.; Sir FRANCIS GRAHAM MOON, Bark, Ald.; Mr. RECORDER. Mr. Ald. KENNEDY.; and Mr. Ald. HALE.

Before Mr. Recorder and the First Jury.

Reference Number: t18561027-929

929. WILLIAM WOOLLEY , stealing 8 decanters, and other goods, value 20l.; the goods of Nathan Defries, and others, his master: to which he

PLEADED GUILTY . Aged 51.— (He received a good character.) Confined Twelve Months.

Reference Number: t18561027-930

930. HENRY HARRIS , stealing a pair of trowsers, value 8s. 6d.; the goods of George Webb; to which he.

PLEADED GUILTY . Aged 35.— Confined One Month.

Reference Number: t18561027-931

931. JOHN JONES , burglary in the dwelling house of Frederick Summen, with intent to steal: to which he

PLBADED GUILTY . Aged 20.— Confined Four Months.

Reference Number: t18561027-932

932. RICHARD ZIEROLD , stealing 504 yards of firings, value 9l.; the goods of Alexander Dalrymple Bell and another, his masters: to which he

PLEADED GUILTY . Aged 28.— Confined Eighteen Months.

Reference Number: t18561027-933

933. SAMUEL MOSES , unlawfully obtaining 14 hats, and other goods, of James Ambrose Cheater, by false pretences: to which he

PLEADED GUILTY . Aged 24.— Confined Four Months.

Reference Number: t18561027-934

934. JOSEPH CHUBB , stealing, on 29th Sept, a watch and chain; the goods of Peter Elmslie, from his person.

The prisoner pleaded Not Guilty to the felony, but having stated in the baring of the Jury that he intended to steal the property, the Jury found the prisoner

GUILTY . of the attempt— Confined Two Months.

Reference Number: t18561027-935

935. EDWARD BOLTON , stealing 2 loaves of bread; the goods of Charles Norrington, his master.

MR. LILLEY. conducted the Prosecution,

ALFRED GREEN . (City policeman, 376). On 24th Sept., about twenty minutes past 7 o'clock in the morning, I was watching the shop of Mr. Norrington, a baker, No. 7 Ave Maria-lane—I saw the prisoner come out with two loaves of bread under his arm—I followed him to a ham and beef shop in London-house-yard, kept by a person named Sadler—I saw the prisoner place the loaves on the end of a form there—he came out again in a moment, leaving the loaves in the shop—I asked him who ordered him to leave the loaves there—he said, "Nobody"—I asked him who the bread belonged to—he said it was his own—I then told him I was a police officer (I was in plain clothes), and that I should take him back to his master, Mr. Norrington—on the way there he said, "If you will allow me to take the loaves back, there will be nothing said about it;" and he then said, "There will be nothing known of it"—he repeated that more than once—I told him I could not do that, I should take him to his master—I did so—Mr. Norrington was not up—I waited till he got up—this was half past 7 o'clock—Mr. Norrington gave him into custody—I took him to the station, and then went and fetched the bread—I searched him, and found on him 4s. 8 1/2 d.

Cross-examined by MR. COOPER. Q. How far was this shop from his master's? A. About 60 or 100 yards—I heard him say at Guildhall, that he acted under the foreman, and the foreman had ordered him to carry the loaves there—he carried the bread under his arm with a green baize on it, in the usual way—I could just see the loaves.

MR. LILLET. Q. How was he dressed? A. In his working clothes, all over flour, as a baker—I have endeavoured to apprehend the foreman, but I cannot find him.

ANN WILLIAMS . I live with my aunt, Jane Sadler, who keeps a ham and beef shop at No. 16, London-house-yard, St. Paul's. I knew the prisoner in Mr. Norrington's service; he used to bring the rolls of a morning—on 24th Sept., about 20 minutes past 7 o'clock in the morning, I saw him at my aunt's house—he had two quartern loaves—he put them down on the stool, and left them; he did not say anything, he left directly he had put them down—we dealt with Mr. Norrington—I had not ordered any loaves to be brought that morning, I always order the bread—I afterwards gave the same loaves to Green, the officer.

Cross-examined. Q. I believe some loaves were left before at your shop! A. Yes; the foreman took those away; that had been going on for several weeks—I generally paid the foreman for our bread.

MR. LILLEY. Q. About how many times did this happen? A. At first we took no notice of it, until it got so frequent; at first only half a quartern was left, then it got to two or three quarterns a day, and then we thought it was not right—it was done constantly, about a week after he came.

COURT. Q. How often had these loaves been left in this way, and afterwards carried away by the foreman? A. Several within a day—they were put in quite an open place in the shop, anybody could see it—the prisoner never said anything when he left them; he always brought them at the time of delivering the rolls—this had been done before the prisoner came into Mr. Norrington's service; the former young man used to leave loaves in the same way.

CHARLES NORRIXOTON . I am a baker, of No. 7, Ave Maria-lane. The prisoner was in my service two or three weeks—he was ray second hand—he

took at bread—he was not authorised by me to take any loaves to Mrs. Sadler on Wednesday, 24th Sept.—I had a foreman at that time; it was his duty to do the baking, and take out bread—he had no authority to send out bread—the prisoner ought to have acted under my directions—they were not allowed to take out bread when I was in bed—our earliest delivery of bread was about 8 o'clock—I remember Green bringing the prisoner in custody—I charged him with stealing the two loaves—he did not say anything at that time—Walker, the foreman, was then on the premises—he continued in my employment for two or three days afterwards—I had given no direction to send the two loaves to Mrs. Sadler's on the 21st.

Cross-examined. Q. You do not know what orders your foreman might have given? A. No; the second man generally works under the first—when the master is away the foreman is considered master, and takes the management—Walker has gone off since this—he left without notice.

NOT GUILTY .

NEW COUBT.—Monday, October 27th 1856.

PRESENT—Mr. Ald. KENNEDY.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Fifth Jury.

Reference Number: t18561027-936

936. GEORGE BURCHETT , feloniously forging and uttering an order for the delivery of 18 books and 12. books; with intent to defraud: to which he

PLEADED GUILTY . Aged 27.— Confined Six Months.

Reference Number: t18561027-937

937. JAMES HARE , stealing 3 spoons, value 3s.; the goods of Jane Hurrell: having been before convicted of felony, to which he

PLEADED GUILTY . Aged 51.— Four Years Penal Servitude.

Reference Number: t18561027-938

938. SAMUEL HANCOCK , stealing a 5l. bank note; the moneys of Thomas Bull, his master: also, embezzling 39l. 15s.; the moneys of his aid master: to which he

PLEADED GUILTY . Aged 45.— Confined Nine Months.

Reference Number: t18561027-939

939. CHARLES ASHTON , embezzling 95l.; the moneys of the Governor and Company of Copper Mines in England, his masters.

MR. GIFFARD. conducted the Prosecution.

CHARLES FREWER . I am secretary to the Governor and Company of Copper Mines in England; their office is in Broad-street-mews. In Jan. last the prisoner was in their service—he had authority to receive money on behalf of the Company, and it was his duty to hand it over to me about 3 o'clock the same day—in Jan. last, Thomassett and Co. were indebted to the Company—the prisoner has never accounted to me for 95l. received from them on behalf of the Company.

Cross-examined by MR. ROBINSON. Q. Who does the Company consist of? A. The Governor, Deputy-Governor, and Assistants—I am secretary—there are eight clerks under me—it was the prisoner's duty to give me the money every day when he received it—I do not know that money has tan paid in the next day after it has been received; certainly not with my sanction—I believe it has happened that a cheque has come in after banking hours, and it may have been paid the next day, but never more than one day after to my knowledge—the prisoner left us in April—I was

aware then that he had not returned an amount of petty cash that he had, but I did not know of this deficiency—it must have been about a fortnight I ago that I heard of this 95l.—that was the first intimation I had of that cheque not having come into the Company's possession.

Q. But had you not made any demand for this money? A. Yes, two months ago, I think, there appeared to be a deficiency to that amount, and a gentleman went to Messrs. Thomassett, and they gave another cheque for 95l.—I was not then aware that it had been paid before—when the prisoner left, I knew the amount of the deficiency, as far as the petty cash—it was a little short of 50l.—as far as I then knew, the only money he had was a little short of 50l.—I saw his wife a few days afterwards—I did not say that I would take 20l. as part of what deficiency there might be, and take the remainder as he could pay it; certainly not—I did receive 20l., but not from his wife—I did not say that I did not know what the amount of the deficiencies were—Mrs. Ashton asked me if that was the extent of Mr. Ashton's liabilities, and I answered that as far as I knew that was the extent; the 50l.—he had 50l., and he only sent 20l.—I did say if she would raise 20l. and come and bring it the next day, I would take the officer off that I had had watching—I did take him off; he was not put on again at all—the prisoner was apprehended in Broad-street, I think in the establishment of Barton Brothers—I do not know what they are.

Q. Upon your oath, did you ever dream of apprehending this man till you heard he was in some rival employment? A. I did not knovr he was in a rival employment—directly this deficiency was discovered, it was brought before the committee, and from them I took my instructions—I knew of the deficiency in the petty cash in April.

THEODORE SHENKE . I am book keeper to Messrs. Thomassett and Cuffley, of Great St. Helen's. I remember the prisoner coming, about Jan. last, for a sum of 100l. due to the Company—he was told about 5l. being deducted on making the payment, and he called again—I cannot be positive that he got the cheque—I did not see it handed over to him, but I remember his calling about it.

Cross-examined. Q. Do you know of another cheque being paid about two months ago? A. I do—I found out that this had been paid only a short while ago—it was not found out by myself, but by another clerk, about a fortnight ago.

THOMAS MANTON CUFFLEY . I have the receipt—I paid the 95l. cheque in Jan.

ALFRED BEDWELL . I am a clerk in the drawing office in the Bank of England. I paid this cheque on 18th Jan., in a 50l. Bank note, No. 2875, two 20l. notes, and one 5l.

Cross-examined. Q. How do you know this? A. I took the copy on this paper from the book—I made the entry in the book.

RICHARD ADEY BAILEY . I produce this 50l. note, No. 2875—it was cashed on 18th Jan.—it has an indorsement on it, "C. Ashton, No, 10, Broad-street, City."

CHARLES FREWER . re-examined. This indorsement is the prisoner's writing (The prisoner received a good character.)

GUILTY . Aged 36.— Confined Nine Months.

Reference Number: t18561027-940

940. GEORGE KING , stealing 1 bottle and 2 gallons of whisky, value 1l. 15s.; the goods of John James Homer.

JOSEPH WILLIAM FAWK . (City policeman, 112). On 16th Oct. I was on

duty to Old Broad-street—I saw the prisoner with this bag, and this bottle inside it—I asked him what he had got in the bag—he said a bottle of gin, which he had brought from Mr. Thompson's, in Mincing-lane—another man came up, and said that he was the prosecutor's foreman, and it was all right—asked him to show me the invoice, and he ran away—I took the prisoner.

Pritoner. Q. When you came and spoke to me, was not the other man with me? A. No, he came afterwards—I did not ran after him—I dared not leave you for fear you should drop the bottle, and break it—it was-about a quarter past 12 o'clock in the day.

JAMES MURRAY . I am cellarman to Mr. John James Homer, wine and spirit merchant, in Finch-lane. I was loading my cart on 16th Oct, a little before 12 o'clock—this is one of the bottles with which I was loading it—I saw it loaded into the cart—I'missed it about 10 minutes past-12 o'clock—it has Mr. Homer's seal on it—it is his property.

GUILTY . Aged 22.— Confined Six Months

OLD COURT.—Tuesday, October 28th 1856.

PRESENT—Mr. Ald. COPELAND.; Mr. RECORDER.; and Mr. Ald. HAUL.

Before Mr. Recorder and the Second Jury.

Reference Number: t18561027-941

941. JOSEPH LANE was indicted for unlawfully publishing a certain libel of and concerning William Baiter.

MESSRS. BODKIN. and POLAND. conducted the Prosecution.

WILLIAM DYOTT BARNABY . I am chief "clerk at the police court at Bow-Street, and am editor of the Police Gusette. At the end of July, or the beginning of Aug., I received this letter—(This was a letter from the defendant to the witness, stating that he had been defrauded of certain property belonging to his late uncle, Samuel Hood, of Chard, Somerset, by one William Salter, an attorney, of Chard, who had passed a forged will, knowing it to be forged, and had also obtained possession of certain moneys in the Bank of England, and other property of his said uncle, for which an indictment had been preferred against him; it also requested the insertion in the Police Gazette of an advertisement, describing the said William Salter, and offering a reward of 50l. for his apprehension; it farther stated that he (the defendant) had taken out letters of administration of his late uncle's property, and that he had obtained possession and final judgment with respect to a portion of the property)—The defendant afterwards called and saw me—he said that he had called respecting that letter—he said that Mr. Salter was an itinerant attorney; that it was quite impossible to find him at any one particular place, and the only means he had of getting at him would be by an advertisement in the Police Gazette—I told him that whenever it was desired to insert a paragraph with the name of anybody in the Police Gazette, before that could be done, it was necessary that an affidavit should be made before a competent person to take it, of the facts that he wished to have inserted; and that I wrote in effect at the top of the letter at the time—he said he would make the necessary affidavit, and come to me again—shortly afterwards he came before Mr. Henry, who was sitting in the police court, and wanted to make it before him—Mr. Henry refused the application, and said he had no power to take it; and he went away—some kys afterwards he came and brought this affidavit—he stated that he had

been before Mr. Harding, one of the Judges' clerks, in Rolls-buildings, and a commissioner, who took oaths, and that he had taken this oath—he at the same time produced this draft of an advertisement, which he wished to have inserted in the Police Gazette—(The affidavit was here read)—in conesquence of that affidavit, I caused the advertisement to be inserted in the Police Gazette of 15th Aug.—this is the Gazette.

Cross-examined by MR. ROBINSON. Q. The Police Gazette, I suppose, is an authorised publication? A. Yes—I received my appointment as editor from the Secretary of State for the Home Department—it contains advertisements for criminals of all kinds—I told the defendant I could insert no paragraph with anybody's name in it unless he made an information on oath, and sent me the original, or an attested copy—it was at my intimation that the affidavit was made—I do not recollect that he showed me any other affidavit or declaration.

WILLIAM SALTER . I am a solicitor, residing at Chard, in Somersetshire, In 1814 I was clerk to a Mr. Clark, a solicitor there—he died long since, and I succeeded to his practice—I have lived there upwards of forty-six years—I have been mayor of the town three times—I am concerned for four noblemen, and three or four county magistrates—in Nov., 1814, in consequence of a message coming to Mr. Clark's office, I remember going over to the residence of a person of the name of Hood—Mr. Clark was not in the way—I found that Mr. Hood had died that day, suddenly—the message that came was from a Mr. Phelps, in whose hands the will was, and who lived in the neighbourhood—I think he was a little farmer, or something of that sort—Mr. Hood was a gentleman of fortune—when I got there Mr. Phelpi gave me the will of Mr. Hood—it was sealed up—I opened it, in the presence of several persons, and examined it to find who were the executors—I saw that Mr. Holman and Sir William Hood were the executors, but the property was given to Sir Alexander Hood—the executors were mere executors in trust for him; the bulk of the property was left to him—the following day I went to the house of Sir Alexander Hood, which was about thirty miles from Chard—I kept the will till the following day, when Mr. Holman, one of the executors, came to Chard, and took it from me—I gave it to Mr. Holman, in the same state that I received it—I was not then professionally concerned for the executors; Mr. Pratt, of Glastonbury, was; he is since dead—it was sent by him up in the ordinary course, to be proved at Doctors'-commons—I afterwards understood from Mr. Pratt that an affidavit was required with respect to some erasures that appeared on the face of the will, and, in consequence of that, I made an affidavit, which is annexed to the will—I think two affidavits were made in reference to that, one by me, and one by Mr. Phillips—this is mine (looking at it)—the other was to prove that the alterations, or the erasures, were in the testators own handwriting—the object of my affidavit was to prove that I had delivered up the will in the same state that I received it—those alterations do not affect the disposition of the property in the least—(Prisoner.+ It is all a forgery together)—I had seen Mr. Hood write—I believe the whole will to be in his own writing—I had seen him write on one occasion, but I think I had received notes from him also, but it is so long ago I cannot charge my memory—I certainly believed it to be his at the time—with the exception of making that affidavit, I had nothing whatever to do with the proving of that will—I never admitted to the defendant that I had uttered that will, knowing it to be forged, or to any person living; impossible; it cannot be a forgery; it is the testator's own handwriting—I never admitted that, or anything

like it—(Prisoner. It is false, you did, both in Exeter and London)—no property whatever of Mr. Hood's ever came into my possession; I never saw any gold watch, nor did I ever interfere with any trees—I have not got 130,000l. from the Bank of England, nor one farthing—Sir Alexander Hood took possession of the estates and property, and continued in possession till his death, in 1851—the succession has gone on in the manner pointed out by the will—Mr. Phelps, from whom I received the will, is dead—the witneffles to the will are William Clark, Peter Park, and William Phillips—there is a codicil republishing the will, to which are the names of Samuel Phelps and Peter Park—they are all dead—Park was a farmer in the neighbourhood, of whom I have received rent for a gentleman to whom I was steward—the prisoner first began to annoy me with his claims in 1841 or 1842, and he has continued to do so ever since—he has produced great excitement in the county of Somerset by his lawless proceedings—very great expense has been incurred in defending the property—he has been in prison twice—I know that he has twice taken the benefit of the Act.

Cross-examined. Q. You say great excitement has been caused in the county of Somerset, and great expense? A. I do—I have found it necessary at one time to have 100 people to protect the tenants' property from being forcibly taken away; on one occasion he did succeed in driving to London a quantity of bullocks—I am the solicitor employed by the present possessors—he has distrained on several occasions—in the first instance, he remained in possession of a portion of the property for a considerable time—we replevied in the first distress; subsequent distresses we resisted by force—we were advised to do so by counsel—I was twenty-two years of age in 1814—I was then a clerk to Mr. Clark, not an articled clerk—I think I had been in the office four years—I was articled about twenty years ago—I was managing clerk to Mr. Clark; there were several other clerks, but I think I was the principal clerk in 1814—others had been in the office longer than myself, certainly—I had leaped over their heads—at the time I opened this will, I recollect that Mr. Fowler, one of the principal farmers in the parish) was present, and I believe the clergyman, Mr. Bragge—I am not quite certain—I think the two Mr. Fowlers were present—I cannot tell who else—I believe the whole of the will is in Mr. Hood's handwriting—I recollect seeing him write his name onee to a mortgage when it was paid off—that was at Chard; it may have been a year or so before his death—I have never made an affidavit that I believed this to be his will—I think I became engaged for the parties who now hold the property when the prisoner first commenced these proceedings, in the year 1842—I recollect meeting the defendant in Holborn on one occasion, he came and said something to me in the street—I did not make any appointment with him—I am quite certain of that—I should think our conversation lasted about half a minute; that was the only conversation I had with him—I think I also saw him once when he was down making these distresses—I have certainly not spoken to him above once in London, and that was only for half a minute, or less—I think I saw him at Exeter, when our cause came on for trial—I had no conversation with him then, none whatever—I only know from what he says himself, that he has taken out letters of administration, from letters he has written to me—the trial I refer to was when the first distress was made—Sir Alexander Hood replevied—the case was brought down to the Exeter Assizes, but he did not appear; he vent off, and he was afterwards put in gaol for the expenses—I have seen Mr. Phelps write—I do not know whether I should, or should not, know

his handwriting; probably I should—he lived a good many years after Mr. Hood, but I saw very little of him, for he lived in London—I should think he lived in the neighbourhood of Chard three or four years after Mr. Hood's death, but I am not certain— (looking at a paper) I am not certain that the signature to this paper is Mr. Phelps's; I think it is very likely it may be—I could not swear it, I believe it to be his writing—I have seen a printed copy of a declaration made by Phelps at the Mansion-home in 1844—it is to the effect that he declares that the signature to the will in not his—that was not an affidavit made in any proceeding—he was a very old man then, living in London—that was a voluntary affidavit—I remember seeing a copy of it, upon which I called upon Mr. Phelps, and asked I him how he came to sign such a document—his answer was, "I have looked I at the will, and I should say it looks exactly to be like my handwriting but I don't recollect ever witnessing the codicil, and therefore it cannot be"—that was the explanation; and that was the very person in whose custody I the will was, and who gave it to me—lie was not benefited by the will, he was disappointed—he expected a legacy, and did not get it; he told me so himself.

COURT. Q. Is the defendant any relation of Mr. Hood? A. Some very distant relation, I think, to Sir Alexander Hood—I apprehend he is not the heirat-law to Mr. Hood—he may be some very distant relation, I do not know what; I am not able to say, certainly not heirat-law, or anything like it—I believe he is not the nephew of the testator—I am not able to say positively what relation he is, but I believe not a nephew; a very distant relation indeed, if one at all—I have made inquiry on the subject of the clergyman of the parish, Mr. Bragge, who told me that he was relation at all; but I think he is some distant relative—I have heard thai Sir Alexander Hood was distantly related to the testator.

MR. BODKIN. Q. Has the prisoner an elder brother? A. Yes.

THOMAS HUTCHINSON . I produce the will and the affidavit from Docton-commons—I have the act book here containing the probate of that will—it was proved on 3rd May, 1815—it has never been revoked.

RICHARD MULLEINS . I am solicitor to this prosecution. In consequence of an averment in the libel, I have searched the records of this Court, from the year 1815 to the commencement of the last Session, and found only this indictment produced— (This was a bill against William Salter and others, ignored by the Grand Jury, for forging and uttering a will, purporting to bethe will of Samuel Hood, deceased, with intent to defraud Samuel Hoan)

MR. ROBINSON, for the Defence, produced the letters of administration taken out by the prisoner; and called

SARAH PYMM . I was Mr. Phelps's housekeeper for twenty-one years This paper (produced) is my confession of Mr. Phelps's words—I do not know the lawyer's name in whose writing it is—I cannot read writing—Mr. Phelps died in Dec., 1846; I have heard him mention the will of Mr. Samuel Hood in the presence of Mr. Lane; he had it in his possession four years—I have seen Phelps and Lane together many times, and have bend Phelps tell Lane that he never signed it, or put his name to any paper of Mr. Hood's in his life—I suppose it is fourteen years ago since I first heard any conversation of that kind between Phelps and Lane—I often heard that conversation about the will carried on up to the time of his death—Mr. Phelps went and took his affidavit of it.

HENRY STANLEY . I am an hotel keeper, of Euston-square. I kow Mr. Phelps very well—I believe the signature to these two documents to be

his writing—I have aeon him and Lane together many times, and hare heard him declare, in Lane's presence, that he never signed that will—Mr. Lane has seen it—(The first document was a certificate, signed by Samuel Phelps, to the effect that he never affixed Ma name to any suck will; the second wot a declaration by Samuel Phelps, that he had several times inspected, at the Prerogative Will office, what purported to be the will of Samuel Hood; that the signature, Samuel Phelps, as an attesting witness, was a forgery; and that he was not present at it's execution)—I have seen this declaration in the possession of Lane as recently as two years ago, and before that time—I knew of it being brought to Lane's knowledge.

COURT. to SARAH PYMM. Q. How old was Mr. Phelps when he died? A. Turned eighty; he would hare been eighty-one if he had lived till 1st March.

GUILTY . Aged 65.— Confined Two Years.

Reference Number: t18561027-942

942. JOHN LOCKLEY , stealing 30l. in money, of William Williams, hia master.

MR. COOPER. conducted the Prosecution.

WILLIAM WILLIAMS . I am a wine merchant, of No. 22 1/2 d., Bush-lane, Gannon-street The prisoner was a porter in my employment—on 21st Oct, at 2 o'clock in the afternoon, I gave the prisoner a 20l. note, nine sovereigns, and two half sovereigns, to take to the Unity Bank to take up a bill of 30l., doe that day, and to bring the bill back to me—I waited about half an hour, he did not return, and I sent a boy to see if he could see him—I waited another half hour, then went to the bank to inquire, and from what I discovered, I gave instructions to the police, as he never came back—when he left he had dark whiskers, and when he was brought to me by the police they had been shaved off—this note (produced) is the one I gave him, No. 32552.

Cross-examined by MR. GIFFAKD. Q. When he first came into your employment, had he a regular salary of 18s. a week? A. Yes; I afterwards had not sufficient employment for him, but gave him odd jobs to do—for the last nine months he has, I suppose, earned 8s., or 9s. a week; it may have only been 4s. or 5s., I cannot speak to a certainty—the ordinary charge for bottling a pipe of wine is 5s.; it is not 30s., he would bottle it in I day—he has frequently taken cheques for 10l. for me—from 50l. to 100l. has passed through his hands.

JOHN TURNER . I am clerk and cashier in the Unity Bank, Cannon-street. On 21st Oct., a 20l., note, No. 32552, was presented; I do not bow by whom, but believe the prisoner to be the person—twenty sovereigns were given for it—the bill drawn by Mr. Williams was not taken up that day.

JOSEPH COMBER KNIGHT . (City policeman, 437). I received information from Mr. Williams this day week, and found him at the Elephant and Castle public house, about 9 o'clock that evening—I told him I was a police officer, and should apprehend him for absconding with 30l., the property of his master, Mr. Williams—he said, "You are mistaken, I am not the man"—I told him that I felt convinced that I was right—he repeated his denial, and I took him to the station, and found on him 1l. 18s. 11 1/2 d.—I afterwards went to his mother's, and saw 2l. on the mantel shelf, which she gave me, and said that he had put it there.

Cross-examined. Q. Did he appear to be in liquor? A. Yes; he was dnink, and very obstreperous.

GUILTY . Aged 21.

(The prisoner's father stated, that he had paid his landlady 5l. on the night in question.) He received a good character.— Confined Six Months.

Reference Number: t18561027-943

943. HENRY STEPHENS , embezzling 23l. 18s.; the moneys of Nathan Spring Bawling, and others, his masters: also stealing 22l. 3s. in money, of his said masters: to which he

PLEADED GUILTY . Aged 24.— Recommended to mercy by the Prosecutor, Four Years Penal Servitude.

NEW COURT.—Tuesday, October 28th, 1856.

PRESENT—Mr. Ald. CARTER.; Mr. Ald. KENNEDY.; Mr. Ald HALE.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Sixth Jury.

Reference Number: t18561027-944

944. JOHN MORGAN , unlawfully uttering counterfeit coin: to which he

PLEADED GUILTY . Aged 18.— Confined Nine Months.

Reference Number: t18561027-945

945. MARY ANN WILSON, JANE PEARCE , and JAMES WATTS were indicted for a like offence.

MESSRS. ELLIS. and PLATT. conducted the Prosecution.

THOMAS WIGLEY . I am a beer shop keeper, in Brunswick-street, Hackney-road. On 11th Sept., in the evening, Wilson and Pearce came to my house—Wilson asked for a pint of half and half, and gave me a sixpence—I gave her 4d. in change, and put the sixpence into the till without noticing I it—the women drank the beer and went out—while they were there, Twiss, the constable, came in, and, in consequence of something he said, I looked into the till, and found in it a bad sixpence—I can swear it was the one that Wilson gave me—I had looked into the till two or three minutes before they came in—there were some sixpences in the till, but none like the one I received from Wilson—they were old ones, worn, and the milling was all off, and this one was a new one of Victoria—this is it (looking at it)—Watts was afterwards brought in by Sturgeon, and Twiss afterwards came back with the two women—next day Thomas Harry Ford brought me this bag, which contains eleven shillings and three sixpences, all counterfeit, and wrapped up separately in pieces of paper—I gave the bag and it contents to Sturgeon, after I had marked them.

Cross-examined by MR. COOPER. Q. Had you ever seen Wilson before? A. Yes—I generally look at every sixpence that is brought to me, when I have a suspicious character before me—I do the same to every one that comes for beer—I can swear on 107 oath that when I took this sixpence I noticed it, and it was a Victoria sixpence.

WILLIAM TWISS . (policeman, N 456). I was on duty on 11th Sept, in plain clothes—about half-past 6 o'clock I saw the two female prisoners walking together—I had seen Wilson before—I watched them, and saw them joined by Watts—they went—on conversing together—they went down Shapp-street, and there they halted—I walked past them—as I passed them I saw something, which I believe was a sixpence, handed from Watts to Pearce—he took it from a bag in his hand—Pearce gave what Watts gave to her to Wilson—Watts then walked on—Wilson and Pearce walked on, bufc they walked slower than Watts did—he walked past the prosecutor's house—the two females went inside—I went in with them—I

noticed what took place inside—Wilson asked for a pint of 4d. half and half, and threw down a sixpence—I leaned over the counter, and saw it was a new Victoria sixpence—the prosecutor took it, and put it into the till—the two females then walked out—I spoke to Mr. Wigley, and he gave me the sixpence out of the till—this is it—I know it by a private mark—I observed two or three other sixpences in the till—they were all old ones and worn—they were not Victoria's—I followed after the two female prisoners, who were going on towards where Watts was standing, on Haggerston-bridge, about 100 yards from the prosecutor's—they did not get quite there—I took them, and told them I wanted them to come back with me to the beer house, respecting passing some bad money—they tried to get away, but I took them there, with the assistance of a young man—Watts was brought in by another officer—the female prisoners denied any knowledge of him.

Cross-examined by MR. SLEIGH. Q. When you first saw these prisoners, how far were they from Mr. Wigley's? A. I should think three-quarters of a mile—I followed them—when the three prisoners stopped and were talking, I was on the same side of the street—they were standing all in a row on the pavement, and I was on the small paving stones by the gutter—I was not one yard from them when that which I supposed was a sixpence passed—the other officer was some distance behind—I did not look back to see him—I dare say he might have been forty or fifty yards behind—when Wilson and Pearce went into the beer shop door, Watts had not got quite to the bridge—he could not have been quite 100 yards off—when the women came out, he was something over 100 yards, waiting on the bridge.

HENRY STURGEON . (policeman, N 432). On the evening of 11th Sept I was with Twiss in Kingsland-road—I saw Watts join the two female prisoners, and we followed them—Watts walked past the beer shop to Haggerston-bridge, and the two women went into Mr. Wigley's beer shop—from something Twiss said to me, I went on to Watts, took him by the collar, and said, "I want you; you must come back with me"—he said, "What for?—I said, "About some money: I am a police constable"—(I was in plain clothes)—! saw him raise his right hand towards his left hand waist-coat pocket—I looked down, and noticed a bag similar to this one in his pocket—the pocket stuck open—I forced him against the brickwork—his coat broke away, and he got his hand loose, leaving the sleeve of his coat in my hand—he put his hand into his pocket, and jerked the bag out, and over the parapet of the bridge—I observed the bag, it went rather above the parapet, and as it fell I noticed two or three pieces fall from it of something white, which appeared to be shillings—he said, "There you b——, I have licked you now; it is all gone; I will go quietly"—I took him back to Mr. Wigley's, and searched him—I found on him a pocket book, 5s. 4d. in good silver, and 10 3/4 d. in copper, all good—on the way to the station, he said he knew nothing of the women—on the following day I received from Mr. Wigley, at his house, this bag, containing eleven counterfeit shillings, and three counterfeit sixpences—the place where this bag was found is private property, it can only be got at by crossing the canal—it is the Grand Junction Canal.

Gross-examined by MR. SLEIGH. Q. Did you see the two women, and the man talking together? A. Yes—when the last conversation took place, they were about twenty yards in front of us; I had separated from Twin, and was a little way from him—he might have been fifteen yards from them—

I would not say how far, my attention was on the man—Twiss was dote to him, in Shapp-street.

COURT. Q. You say he was close to them, in Shapp-street; how far is that from Mr. Wigley's? A. I should think 150 yards—when they went to the door, he closed upon them, and went in.

THOMAS HARRY FORD . I am a horse breaker. I was near Hnggerston-bridge on 11th Sept.—I saw Watts and the policeman wrestling on the bridge—I saw Watts had a bag in his hand, he lifted it from his pocket, and chucked something over the bridge—I noticed where it fell, and I went there at half past 12 o'clock the next day—I found this bag—it was not in the water, it was by the side—I took it down to the beer shop keeper—it had bad money in it—I noticed it—I took oat one sixpence, and it was had—I saw that there were other pieces—I gave it to Mr. Wigley—this is the bag (looking at it).

ANN LEWIS . I lire at No. 30, Huntingdon-street, Hoxton. I know the prisoners Watts and Pearce—they occupied a room in my house for about three months—Wilson was in the habit of coming there to visit them almost every day.

WILLIAM WEBSTER . I am inspector of coin to the Royal Mint, This sixpence that was uttered is bad—in this bag there are eleven shillings, which are all bad; six are from one mould, and five from another—here are three sixpences in the bag, all bad; two are dated 1855, and are from the same mould—the other is dated 1854, and is from the same mould as the one that was uttered.

WILSON— GUILTY . * Aged 19.— Confined Twelve Montht.

PEARCE— GUILTY . Aged 18.—Recommended to mercy by the Jury.— Confined Six Months.

WATTS— GUILTY , Aged 28.— Confined Twelve Months.

Reference Number: t18561027-946

946. ELIZA HARRIS was indicted for a like offence.

MESSRS. ELLIS. and PLATT. conducted the Prosecution.

ELLEN CHAMBERS . I am the wife of Charles Chambers, an eating home keeper, of Mount-pleasant, Gray's-inn-lane. On 4th Sept the prisoner came for a quarter of a pound of roast pork, 1d. worth of greens, and 1d. worth of potatoes; they came to 6d.—she gave me a half crown—it was very dark—I put it into my mouth, and bit it, and found it bad—I showed it to Forder, a lodger, and my husband—he gave it me back again—I kept the prisoner in the shop till the constable came—I gave him the prisoner and the half crown.

JAMES FLOYD . (policeman, A 449). I was sent for to the house, and took the prisoner—I received this half crown—the prisoner said she gave a cabman 5s., and he gave her a half crown change, and she was not aware it was bad—the prisoner was taken to the station; she gave her address, "No. 29, Clemen t's-lane, Strand"—I went, and there was no such number there.

FRANCES CHISHOLM . I am the wife of William Chisholm; he keeps the Three Crowns, St James's. On 17th Sept. the prisoner came, between 9 and 10 o'clock in the evening; she asked for a glass of ale and a biscuit—they came to 2 1/2 d.—I had seen her before, and knew her again—she gave me a half crown—I looked at it, and bent it in the detector—I told her it was bad, and told her I had seen her before, and she had then offered me a bad florin about three months ago—she denied that she had been in the house before—I showed the half crown to my husband—he looked at it

and returned it to me—I held it till the officer came, and gave it him—my husband gave her in charge.

WILLIAM BARTON . (police sergeant, C 22). I apprehended the prisoner on 17th Sept, at the Three Crowns—I received this half crown from Mrs. Chisholm; the prisoner said she got it from a gentleman to go to a house in the Hay market with him, and she did not know it was bad—she gave her I uddress, No. 23, Great Titchfield-street—I went there, bat they said they I bid no lodger.

WILLIAM WEBSTER . These are both counterfeit.

GUILTY . Aged 17.— Confined Nine Months.

Reference Number: t18561027-947

947. LOUISA WOOD was indicted for a like offence.

MESSRS. ELLIS. and PLATT. conducted the Prosecution.

MART ANN SMITH . I am the wife of William Smith; be lives in Penny-fields, Poplar. On 5th Sept, the prisoner came about 8 o'clock in the evening to Mrs. Greenfield's shop, where I was serving—she asked for a piece of tape—I served her—she gave me half a crown in payment; I gave her change out of the till—I put the half crown into the till, and left it there—the prisoner left and came back in about an hour for a pair of stockings—they were 5 3/4 d.—I served her, and she gave me half a crown—I put it into the till, and called Mrs. Greenfield to give her change, as there was not change in the till—she gave her change; and after the prisoner was gone, Mrs. Greenfield said that it looked a very black half crown—there was no other half crowns but those two in the till—I am certain about that.

HART REBECCA GREENFIELD . I am the wife of John Greenfield, a haberdasher. I saw the prisoner in the evening of 5th Sept—I saw the half crown which the last witness gave me, and asked for change—I put it into my purse—there was no other there—in about three quarters of an hour the prisoner came in again, and gave a half crown, which was given to me—I put it into my purse—I noticed it was very black—when my husband came in I showed it to htm, and the next morning he looked at the other—the one I showed him was the second that the prisoner gave, and that he destroyed—on 12th Sept., the prisoner came again, and asked for a piece of tape—I served her, and she gave me a shilling; I tried it in the detector, and found it was bad—it bent—I called my husband and gave him that shilling—I gave him the first half crown that was taken—it had been kept in a drawer by itself—when she brought the shilling, I said to her, "This shilling is bad"—she said, "Isit?"—I said, "Yes; and you gave me two bad half erowns this day week."

JOHN GREENFIELD . I got half a crown from my wife; I looked and found it was bad—I put it in the fire, and saw it run away—I got the other half crown the next day, and that was bad—I wrapped it in paper and put it into a drawer upstairs, of which I kept the key—I was in the shop on 12th Sept., I found the prisoner there—my wife said to the prisoner, "This is a bad shilling"—it was passed from my wife's hand to show to me—the policeman had that shilling, and I gave him the half crown, which was wrapped in the paper, and the prisoner was given into custody.

ROBERT TOWNSEND . (policeman, K 267). On 12th Sept, I was called into the shop, and took the prisoner for uttering a shilling that day, and two half crowns the week before—the prisoner said she had been there with one half crown, but not with two—this is the half crown and the shilling.

WILLIAM WEBSTER . These are both bad.

GUILTY . Aged 20.— Confined Nine Months.

Reference Number: t18561027-948

948. JOHN KING and FREDERICK ALEXANDER were indieted for a like offence; to which

KING— PLEADED GUILTY . Aged 38.— Confined Twelve Monthi.

MESSRS. ELLIS. and PLATT. conducted the Prosecution.

ELLEN FISHER . My husband keeps a public house in Devonshire-street On 15th Sept., the two prisoners came for two 1 1/2 d. worth of bitters; King put down a sovereign to get change—I weighed it, and found it was good—I gave him change, and Alexander said, "Never mind; don't change to pay 3d.; give him the sovereign back, I will pay the 3d"—I took the change back, and gave the sovereign to King—he put his finger on it, and drew it under his hand—King then called for two 1 1/2 d. worth more, and said he might as well have change, and he pushed from under his hand another sovereign; I weighed it—it was light, and a lighter colour than the other—I laid it on the bar table, and called my husband, and gave it to him—after the officer came in, Alexander paid the sixpence.

ALEXANDER— NOT GUILTY .

Reference Number: t18561027-949

949. WILLIAM THOMPSON was indicted for a like offence: to which he

PLEADED GUILTY . Aged 23.— Confined Six Months.

Reference Number: t18561027-950

950. JOHN GILL was indicted for a like offence.

MESSRS. ELLIS. and PLATT. conducted the Prosecution.

JOSEPH ANTONI STEFANO GATTL . I am a confectioner, of Aldgate. On 18th Oct., about 11 o'clock at night, the prisoner came and asked for a bottle of soda water, to take with him—I told him the soda water was 3d., and 3d. the bottle, which should be returned if he brought it back—he gave me a good half sovereign, and I gave him 9s. 6d. change—I kept the half sovereign on the counter—he then said he wished to have a 6d. bottle of soda water; the other would not do—I gave him the half sovereign back, and I took the change back—(there were other persons in the shop, whom I was serving)—the prisoner then said, "I will take it with me," and gave me a half sovereign—it was bad, and was lighter than the one he first gave me—I told him it was bad—he tried two or three times to take it out of my hand—I kept it, and sent for a policeman—this is it.

Cross-examined by MR. DOYLE. Q. Are you quite sure that the first he gave you was good? A. Yes, perfectly—I had suspicion of him, and kept it on the counter—he gave me back the same 9s. 6d. that I gave him—I am quite sure I gave him back the same half sovereign—the till had not been opened—it was all the time lying on the counter—he said, "I will take the soda water now, and, if it will not do, I will bring it back"—he then took it up, and gave me the half sovereign—as soon as he gave it into my hand, I found the colour was lighter, and it was not the same—I told him that was not the same piece—I kept it tight in my hand—he tried to take it out of my hand two or three times—I gave it to the policeman in the shop—I marked it at the station.

JESSE BENJAMIN . I am a tobacconist, of Aldgate. On 18th Oct., a little after 11 o'clock at night, the prisoner came and asked for three cheroote—he said he was not particular as to the price—I gave him three 2d. ones—I put them in paper—they came to 6d.—he offered me a half sovereign—I did not take it up—I had no change—my mother came, and said, "I will go and get change"—I said, "No," for I had my suspicion that the half sovereign was bad—the prisoner snatched the half sovereign, and went out—he said he would come back in twenty minutes—he did not come—I afterwards went to Mr. Gatti.

Cross-examined. Q. How long afterwards did you go to Mr. Gatti's? A. In about five minutes—the prisoner did not say he was going on farther—he said he would be back in five minutes.

EPHRAIM HOAD . (City policeman, 521). On Saturday night, 18th Oct., I was called in to Mr. Gatti's, and the prisoner was given into my custody, for passing this half sovereign—he said it was not bad—I found nothing on him—Mr. Gatti accompanied me to the station—I saw him mark the half sovereign—the prisoner refused to give his address.

Cross-examined. Q. Was there any good half sovereign found on him? A. No—there can be no doubt that this is the half sovereign that Mr. Gatti gave me.

WILLIAM WEBSTER . This is a bad one.

NOT GUILTY .

Reference Number: t18561027-951

951. CHARLOTTE BLOMFIELD was indicted for a like offence.

MESSRS. ELLIS. and PLATT. conducted the Prosecution.

JOSEPH RICHARD HARMER . I am a law stationer, in Furnival's Inn. On 24th Sept. the prisoner came for six postage stamps—she gave me a half crown—I found it was a bad one, by bending it—I asked her where she brought it from—she said a gentleman gave it to her over the way, at the corner of the street—I sent for an officer, and gave her in charge, with the half crown.

JOHN MUNRO . (City policeman, 230). I took the prisoner, and received this half crown—she was searched at the station by the female searcher—she gave her name, Mary Ann Wilson, No. 17, Charles-street, King's-road, Chelsea—I went there, but did not find that she lived there—she was discharged.

HARRIET GADSBY . I keep the Pavilion Tavern. On 7th Oct. I saw the prisoner at my bar—she asked for 2d. worth of brandy and some soda water—she put down a crown piece—the waiter was standing by—he said, "That is a bad one," and he took it in his hand—I took it out of his hand, and said, "Certainly, it is a very bad one; where did you get it?"—she said she was unfortunate, and a gentleman gave it her—I kept it in my band till I gave it to the policeman.

WILLIAM GARDNER . I am waiter at the Pavilion. The prisoner came there—Miss Leonard served her—I took the money, and saw it was bad—I asked the prisoner where she got it—she said, "From a gentleman"—she said that he was a perfect gentleman, and she did not know where he was—I told Miss Leonard it was bad, and I got a policeman—Mrs. Gadsby took the money—I came back with the policeman—the prisoner had left—she was brought back.

HENRY HEMMENS . (City policeman, 148). Gardner called me on 7th Oct., and I went to the Pavilion—I did not find the prisoner—I went to the corner of Whitecross-street, and she came out of the house—I took her back to the tavern—I asked Mrs. Gadsby if that was the woman—the said she could swear to her—the prisoner gave her name, Charlotte Bloomfield, No. 18, Chapel-street, Great Nelson-street—I went there, and there is no such number in the street.

WILLIAM WEBSTER . This crown and half crown are both bad.

GUILTY . * Aged 30.— Confined Twelve Month.

Reference Number: t18561027-952

952. ELIZA KING , stealing 8 handkerchiefs, value 30s.; the goods of Charles Jennings: to which she

PLEADED GUILTY . Aged 22.— Confined Six Months.

Reference Number: t18561027-953

953. WILLIAM REID , stealing 12 neckerchiefs, value 7s. 6d.; the goods of Eliza Miller: to which he

PLEADED GUILTY . Aged 18.— Confined Six Months.

Reference Number: t18561027-954

954. GOTTLIEB JOHN RICHARDS , stealing 6 skins of leather, value 10s.; the goods of George Hyde, his master: to which he

PLEADED GUILTY . Aged 35.— Four Years Penal Servitude.

Reference Number: t18561027-955

955. JOHN RHOADES , stealing 1 lamb, price 24s.; the property of Joseph Roadnight: to which he

PLEADED GUILTY . Aged 21.— Confined Nine Months.

Reference Number: t18561027-956

956. WILLIAM BROWIN ", stealing 1 coat, value 21s.; the goods of Thomas Mills and another: to which he

PLEADED GUILTY . Aged 19.— Confined Six Months.

Reference Number: t18561027-957

957. WILLIAM CARTER , stealing 5 reams of paper, value 2l. 10s.; the goods of David Kidd, his master: to which he

PLEADED GUILTY . Aged 24.— Confined Nine Month.

Reference Number: t18561027-958

958. JOHN COX , stealing 10 pigs, price 9l. the property of William Hatch.

MR. PAYNE. conducted the Prosecution.

WILLIAM HATCH . I reside at Han worth. I had a sow and nine pigs in my farm yard—I saw them safe on Sunday, 5th Oct, till about 3 o'clock in the afternoon—I returned home on Monday night, and my servant informed me they were lost—in consequence of information, I went to Mrs. Davis's house, in Hampton-lane—I found my sow and pigs there—I valued them at 9l.

Cross-examined by MR. ROBINSON. Q. Where were these kept? A. In the sty in the yard—they used to wander about in the day time—they have not been out late at night—my man feeds them in the afternoon, and after they get home and are fed they go to bed—I have got them back.

JOHN CRAFT . I live at Han worth, and am a labourer. On Monday, 6th Oct., about 10 minutes past 12 o'clock, I was in the Swan Inn—I sav the prisoner driving a sow and nine pigs towards Hampton—I went close to the pigs, and knew them—they were Mr. Hatch's.

Cross-examined. Q. How did you know them? A. By seeing then about every day.

ELIZABETH DAVIES . I am the wife of William Dairies. On 6th Oct, about 1 o'clock, I saw the prisoner—he brought the pigs and a sow to the gate, and asked me if I would allow him to leave them there while he went down the village—he put them in the sty—I asked him if they were for sale—he told me they were, and he said he wanted 9l. for them—that I told him that I was in want of a sow, the pigs I was not in want of, but if he would wait an hour or two, I would give him a decided answer whether I would have them—he came again, and I asked him the lowest price he would take—he said 9l.—I said I could not afford 9l., I would give him 8l. 10s.—he took it, and gave me a receipt—Mr. Hatch came on the Tuesday morning—I showed him the sow and pigs, and he said that they were his—I said that he had better take them home—I asked the prisoner about them, and he said that he had them of a man who had a distress in his house for rent.

Cross-examined. Q. Did you give the pigs up? A. Yes, on the Tuesday

morning, to Mr. Hatch—the 8l. 10s. was a serious stun to me—it has been a very great loss indeed.

CHABLES CHUBCHILL . (police sergeant, V 29). I received information on Tuesday, and sent a constable, who took the prisoner.

GUILTY .

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

THOHAS LEVY . (policeman, V 142). I produce a certificate of the prisoner's former conviction—(Read: "Newington Session, Feb., 1856; John Cox, Convicted of stealing scaffolding and boards; Confined two months"—) the prisoner is the person—I was present, and had him in custody.

Cross-examined. Q. Do you recollect it being proved that these boards had been his own? A. They had been his own, he had sold them, and there was some dispute, and he took them away again—you did not defend him then, it was another time you defended him.

MR. PAYNE. Q. What was the other time? A. On 21st April he was charged with stealing some fowls—Mr. Robinson defended him, and he was discharged—in May last he had one month, and in Aug. he had another month for a garden robbery.

GUILTY. Aged 38.— Confined Six Months.

Reference Number: t18561027-959

959. JAMES BARNES , burglariously breaking and entering the dwelling house of George Hutton Ullathorne, and stealing therein 1 metal waiter, and other goods, value 11l., his property.

MR. CAABTBN. conducted the Prosecution.

JAKE ELIZABETH COLLINS . I live at No. 2, Lansdown-terrace, Notting-hill, and am in the service of Mr. Ullathorne. On Wednesday night, 17th Sept., I went to bed about 10 o'clock—I fastened up all the doors in the lower part of the house, except the front-door—the next morning, I came down about 7 o'clock—I went into the dining room; there is a sideboard there—both the cellarets were open—I missed a plated waiter, a bread basket, and many other articles—I called up Mr. Ullathorne—I know the prisoner, he had been employed at Mr. Ullathorne's about three weeks or a month ago, in repairing the house—there is a knife house in the front of the house belonging to my master, with a window in it—I had left it quite secure the night before—I think I went to that knife house on the Thursday morning, before the officer did—the shutter had been burst open, and the hasp of the window had been broken open—the door of the knife house was not locked—it had been closed the night before, but not looked—in the morning it was open, I believe—there is a second door leading to the passage, leading to the kitchen; it had been bolted, locked, and chained the night before—in the morning there was a panel cut out, and the door was open—there is a door on the top of the stain—that was shut and fastened, but not locked—in the morning, I think it was open—there is no window in that door, but glass by the side to give light—the window was whole the night before, and in the morning one pane of glass was taken out, which was by the side of the staircase—there is a side door leading from the lower apartments into the carriage drive—that door was feat the night before, and it was open in the morning, and the catch of the door was forced away.

Cross-examined by MR. PEARCB. Q. How long have you been in Mr. Ullathorne's service? A. Sixteen or seventeen months—Mr. Yeardye had some repairs to do at my master's house—it was thoroughly done up—he employed several men; the prisoner was one—the workmen were in the house "a fortnight or three weeks, and they had left it about three weeks or

a month before this robbery—I might have seen the prisoner after the job was finished at Notting-hill—I think I had.

GEORGE BUTTON ULLATHORNE . I live at No, 2, Lansdown-terrace, Notting-hill, in the parish of St. Mary Abbotts, Kensington. On Wednesday, 17th Sept, about half past 10 or 11 o'clock at night, I let a friend out by the front door—I afterwards locked and bolted it, and left the key on the dining room table—the next morning I received information from the last witness—I saw the front door that morning, it was in the same state that I had left it.

Cross-examined. Q. Did you employ Mr. Yeardye to do some work there! A. Yes—I was there during the greater part of the time that the repairs were doing—they were about three weeks—I do not know that the prisoner was one of the men employed by Mr. Yeardye—I was told so—I do not know that he was in the employ of Mr. Yeardye when he was taken.

EMILY ANN ULLATHORNE . I am the wife of the last witness. On the night of 17th Sept. I had a writing desk in my bedroom, and seven or eight postage stamps in it—on that evening I tore up several letters, and left the pieces on the table—I left the postage stamps in the desk—they were in a small box—on the next morning, I found the dining room was in a state of confusion, the sideboard was broken open—I missed a plated waiter, some spoons, some dessert knives, a sugar sifter, and other things—my writing desk was lying on the floor, and all the things thrown out—I missed the postage stamps—since then this piece of paper (produced) has been shown to me, it is one of the pieces that I had left on the table on the evening of 17th Sept—here is the writing on it of a friend of mine—it is part of a letter which I tore up.

Cross-examined. Q. Were the postage stamps wrapped in this paper? A. No, they were in a little box—the box was left, and the stamps were gone—this paper is produced, because I believe the stamps were found in it—I will undertake to say this is a piece of paper I left on the table, it is the writing of a lady at Durham—I have no more pieces of paper—I do not know whether they were left or taken away—one of the policemen brought me this paper five days afterwards, on the 23rd—I cannot tell whether between the 17th and 23rd I had seen any other pieces of paper that I tore up that night—I did not search for the remainder of the letter—the servants said that they supposed the pieces had been thrown away—I tore up three letters that night—they were written by three persons, I believe.

MR. CAABTEN. Q. Did you read the letter of which this formed a part that evening? A. Yes; looking at this piece, it brings back to my recollection the subject matter of that letter—I have not the least doubt that this formed a part of that letter—it has been very much soiled since it was brought to me—when it was brought it was much in the same state as when I left it.

ALFRED AMBROSE LINDSEY . (police sergeant, T 16). On Thursday morning, 18th Sept, I was fetched by Mr. Ullathorne—I went to the house, and examined a knife house in the front area, which is about sixteen feet deep—the clasp of the window had been wrenched off by means of a chisel or something like it—there were marks on the window sill—I examined the inside shutters—they had been cut and forced open—there was sufficient opening for a man to get through—I examined a door leading from the knife house into the passage of the kitchen—the panel of that door was cut out, which I now produce—it was cut from the bottom of the door just

underneath the fastening; the door had been fastened with bolts, a lock, and a chain—the key was in the lock—by means of the opening made by the panel being taken out, the door could be unlocked, the bolts drawn, and the door unfastened—on the top of the stairs I found another door which was ajar—a pane of glass was nearly all taken out at the top of the kitchen stairs—by taking that glass out, supposing the door had been fastened, they could have put their hand through and opened the door, if the lock had had the key left in it; but there was no fastening more than a catch—that door opens from you as you go up the kitchen stairs—a person going up, and polling the door to him, would imagine it was locked—I observed marks of an instrument on the window where the glass had been taken out—on the side where the putty ig used—I went into the dining room, and found a cellaret, the doors of which had been broken open—I observed marks on them which had the appearance of a chisel, used to force open the doors—I saw a workbox lying on the floor—I went into the breakfast room, and saw a case there—the door had been forced open, with marks on it as if wrenched open by some instrument—a side door leads from the bottom of the house to the carriage drive—I observed the lock of thai door, a portion of it had been wrenched off—a rope ladder has been shown to me—I have examined it—the length of it corresponds exactly with the depth of the area; it had been lately tarred—I was not with the other officer when the prisoner was taken—I saw him searched on the 22nd, in the charge room at Notting-hill, by Dyas, who took some postage stamps from his coat pocket, wrapped in this piece of paper, and they were wrapped in one more piece of paper—the prisoner said, "Don't say they came out of my pocket."

Cross-examined. Q. Were those the words he used? A. To the best of my belief—I cannot say for certain whether he said, "You don't mean to say these postage stamps came out of my pocket"—I have never given that in evidence before—to the best of my belief it was what he said—he said, "I never had any since I left the Tenth Hussars"—I examined the house after the burglary—the door where the window was broken was in the passage—to the best of my belief the window was broken for the purpose of getting to the fastenings—there was no fastening to it, but a catch.

MR. CAABTEN. Q. Whatever the prisoner might have said about the stamps, did you see them taken from his coat pocket? A. I did.

JAMES CLARK . (policeman, T 183). On the morning of 18th Sept I went to Mr. Ullathorne's house—I observed the balustrades of the area—I found a dirt mark, as if a rope had been round them, and on the area wall there was dirt as if of shoes going down—I found this rope ladder under a laurel tree in the garden, near the front area door—this ladder looks as if it had been covered with tar lately; it is very sticky now—on 22nd Sept I was with Dyas, and found the prisoner in a house in Queen's-row, Bayswater, a little after 9 o'clock in the ntorning—he gave his address in a first floor front room of a house, No. 40, Uxbridge-street—I went there, and found this chisel, this bradawl, and this hammer—I saw Dyas search a box in that room—he found in it a pair of trowsers—I took this chisel and bradawl to Mr. Ullathorne's house—I examined the pane of glass at the staircase—there were marks on the putty—I made a mark with this bradawl by the side of the other marks, and they corresponded exactly—it had been inserted between the glass and the frame, to loosen the putty, and get the glass out—I examined the marks in the side door, and made a mark with this chisel, which corresponded exactly with the marks in the door—I examined the window, and found marks corresponding with this chisel.

Cross-examined. Q. Where did you take the prisoner? A. At Mr. Yeardye's, in Queen's row—he said that the prisoner had been in his employ for nine days—I asked the prisoner where he lived—he gave his correct address—I went there, and searched his room, as soon as we took him in a cab, to the station.

CHABLES DYAS . (policeman, T 65). On Thursday morning, 18th Sept, between 12 and 1 o'clock, I was on duty about twenty yards from Mr. Ullathorne's house—I saw a person passing the end of the gardens, from Lansdown-terrace, towards Notting-hill—I observed he had light-coloured trowsers on—I had seen the prisoner before, and I have no doubt, from what I saw that night, that it was the prisoner—he passed me sideways, and, from his general appearance, I thought it was the prisoner, and the next morning I heard of the robbery—on 22nd Sept I took the prisoner, with the last witness—I had been in search of him from the 18th till the 22nd, in company with the officer Clark—we saw him once, but not to take him into custody, till Monday, the 22nd—we took him at Mr. Yeardyea—he gave his address, and I went to search the room—I saw dark find the chisel, hammer, and bradawl—I searched a box which was in the room, under the bed, and found in it this pair of trowsers, with marks of tar about the legs—I searched the prisoner when I first took him to the station, and found on him a knife, a pipe, six postage stamps wrapped in paper, a tobacco box, an old coin, a small pocket book, several pieces of paper, and a piece of a comb—the postage stamps were in the left breast pocket of his coat, wrapped in the paper produced with the writing on it, and another piece of paper outside—when I found them, the prisoner said, "You don't mean to say they came out of my pocket? I don't know anything about them; I have had none in my possession since I came from the war"—I had preriously been to the prisoner's lodging after him, on the morning of the 21st, the Sunday after the robbery, about 5 o'clock in the morning, with Clark—we could not find him there—we went to the same lodging that he told me he lived at.

Cross-examined. Q. Did you search the house on the morning of the 21st? A. Only the first floor front room, the room his mother lived in—that is what I mean by looking for him and not finding him—we were looking about—we went to Mr. Yeardye's, and ascertained that he had been at work—when I took him, I told him the charge; he said, "So help me God, I know nothing about it"—we asked him his address, he said that he lived with his mother, at No. 40, Uxbridge-street, and sometimes at Salem-gardens—when we searched the room on the 21st, we did not see his mother there; we saw a female and two little boys, who I believe were his brothers and sister—the box was under the bed—it was not locked—this chisel is a very strong one—there are bradawls of all sizes.

(The prisoner received a good character.)

NOT GUILTY .

Reference Number: t18561027-960

960. ALFKED MOGEK , stealing, on 25th June, 24 tooth brushes, and other articles, value 2l. 11s: also, on 24th Sept, 6 flasks, and other goods, value 1l. 12s. 6d.: also, on 3rd Oct., 2 brushes, value 8s.; the goods of John Crowden and another, his masters: to all which he

PLEADED GUILTY . Aged 19.— Confined Six Months.

OLD COURT.—Wednesday, October 29th, 1856.

PRESENT—The Bight Hon. the LORD MAYOR; Lord Chief Baron POLLOCK.; Mr. Justice ERLE.; Sir JOHN MUSGROVE, Bart, Ald; Mr. Ald. FINNIS.; Mr. Ald. CARTEB.; Mr. Ald. CUBITT.; Mr. Ald. HALE.; and MICHAEL PRENDERGAST, Esq.

Before Mr. Justin Erie.

Reference Number: t18561027-961

961. GEORGE HULL LAWTON , stealing, whilst employed in the Post Office, a post letter, containing a half sovereign and 3 postage stamps; the property of Her Majesty's Postmaster-General: to which he

PLEADED GUILTY . Aged 17.— Four Yews Penal Servitude.

Reference Number: t18561027-962

962. JOSEPH JONES , stealing, whilst employed in the Post Office, a post letter, containing a half sovereign and other moneys; the property of Her Majesty's Postmaster-General: to which he

PLEADED GUILTY . Aged 27.— four Years Penal Servitude.

Reference Number: t18561027-963

963. THOMAS CLARK , feloniously forging and uttering an order for the payment of 10l. 10s.; with intent to defraud: to which he

PLEADED GUILTY . Aged 15.— Four Years Penal Servitude.

Reference Number: t18561027-964

964. JOHN PRATT , stealing, on 3rd Sept, 98l. 10s.; the moneys of the Bank of Australasia, his masters: to which he

PLEADED GUILTY .

Aged 17.—Recommended to mercy.— Confined Nine Months.

Before Lord Chief Baron Pollock and the Third Jury.

Reference Number: t18561027-965

965. WILLIAM NEARY , stealing the sums of 8s. 1l., and 11s. 3d.; the moneys of John Walker, his master.

MR. SERJEANT BALLANTINE, with MESSRS. BODKIN. and SALTER, conducted the Prosecution.

JOHN WALKER . I am a corrugated iron manufacturer, and Government contractor. I carry on business at Millwall Poplar, and Arthur-street, City—the prisoner came into my service about four years ago—he remained, I think, two years and upwards—he was then discharged, and afterwards taken back again, about April, 1855—his duties were those of general clerk in the office in town, and also at the factory on some occasions—it was part of his duty to keep an account of the wages which he paid the men—his wages were 2l. a week—he remained in my service until June last—I then discharged him—this (produced) is the book in which he kept an account of the men's wages—ha drew the money by handing me a slip of paper, purporting to contain the amount of money he would want for the wages and other disbursements on Saturday evening—he would give me that paper on Saturday morning, and I either gave him a cheque or cash for that amount—it was his duty to pay the men that money, and to enter it in ihat book—the first column contains the names of the men, and the number of the job, and the work on which they were employed—it was always stated by number, not by name—these columns would contain the hours that they worked, and also by a figure denote the job at which they worked—the amount of hours is brought out at the end, and also the amount of money—the last column contains the total amount supposed to be paid them on the Saturday—on the week commencing 31st Dec., and

ending 5th Jan., a man named Thomas Wells was in my employ—he came into my service on the Wednesday—according to this book, he did not work the whole of the day on Wednesday; he worked seven and a half hours that day—this is in Neary's handwriting—the entry is opposite the name of "Day"—on the Thursday and Friday he is stated to have worked the full time, that is ten hours—all this is placed opposite the name of "Day"—there was a man named Day in my employ that week, I think he was employed at Aldershot—the men working at Aldershot are not in this book—there is an entirely separate account kept for the men at Aldershot—ten hours is also placed against Wells on the Monday and Tuesday—he was not at work for me on either of those days—I do not know that of my own knowledge—by holding this book up to the light, I can discern a pencil line carried from Day's name on the Wednesday, covering over the Monday and Tuesday, and connecting the name of Day with the seven and a half on Wednesday—he was paid 4s. 8d. per day—if he had worked from Wednesday to Friday, the amount that should have been carried out would have been 12s. 10d.—the amount actually carried out here is 1l. 1s. 6d., making a difference of 8s. 8d.—in the last column the red ink line has been scratched out, and a black one put in—that is the pounds line, where the "1" is now inserted—there is also an erasure in the shillings line, that is perfectly discernible by the absence of the red line—the last name but two on that column is "Thomas Wakeling"—this is for the week ending 7th March—Monday is the first day on which he is stated to have worked for me—he is stated to have worked ten hours that day, ten hours on the Tuesday, Wednesday the same, Thursday seven and a half hours, and Friday ten hours—Saturday would not appear in this page, it would go on to the following week—the total amount brought out here is four days, seven and a half hours, 1l. 3s. 3d.—supposing that he came on the Wednesday, and worked seven and a half hours, and ten hours on Thursday and Friday, the amount he would have been entitled to would be 13s. 9d.—the red ink line separating the pounds column from the shillings has been scratched out, and the "3" put in; it has evidently been written on an erasure, the "1 "is quite distinct before that, and has been scratched out—Wakeling was paid 5s. for a day's work of ten hours—if two days were added, it would make the amount 1l. 3s. 9d.—it is 1l. 3s. 3d. here—the 1l. has been added.

Cross-examined by MR. SERJEANT PARRY. (with MR. RIBTON.). Q. Was it the custom first to make entries in pencil, and afterwards in ink? A. On some occasions I believe it was—I do not know whether it was so on many occasions—I do not thoroughly know how my wages book was kept—I do know how it was kept, of course—I do not think it was the regular practice to make the entries first in pencil—I will swear it was not always done, it was occasionally—a young man named Watkins kept the time of the men when he was at the factory, but on that occasion I think Mr. Neary did it; I was not at the factory—I do not know whether anybody else kept the men's time—I had a boy of the name of Kenelly; I do not know whether he kept the time—I think he was about fourteen or fifteen years of age—his was not the hand that paid the wages, I do not know one way or the other, I was very seldom present at the payment of the wages at Millwall—these wages were paid to the men working at Mill-wall—I dismissed Kenelly; I think not for dishonesty, it was for general inattention to business—I am quite certain it was not for dishonesty, nor for suspicion of dishonesty—Day worked at Aldershot, not at Millwall—you

will find very many names of persons in that book who were not at work at the factory—I must refer you to Mr. Turner to know whether there in another indictment—I hardly know anything at all about the indictments—if you ask me, I say I do not know: I really do not know the number of charges—the amount of money passing through the prisoner's hands weekly varied from 40l., 50l. to 60l.—I cannot recollect that he had as much as 500l. or 600l. of mine at a time in his hands—I think he has had as much as some hundreds at a time—I do not know it; I do not recollect his having as much as 1,500l. of mine in his possession—I have not the least recollection of giving him 300l. on one occasion to pay wages—I cannot say I have not—he had to keep the books, as well as to pay the wages—I do not know that he bought lead for me at times, and paid for it—I had a job for Messrs. Scott Russell and Co., making an iron roof—it was necessary to purchase lead for that job—I believe Neary had to purchase lead for me, I do not know it of my own knowledge—that would be an extraordinary occasion—I do not know whether that was done in a great hurry, I was not with him at the time—I do not know when this account was made up—I do not know whether it was rendered some time afterwards—Mr. Stap is my brother-in-law; I do not know whether he can tell—I do not know that this account was rendered to me by Neary at least three or four months ofter this date of Jan.—I know that I have not charged him with stealing 100l.—I was examined before the Magistrate—I think I have preferred charges against him to the amount of 52l.—I cannot recollect the amounts, the amounts in these indictments are small—I think he was in my service three or four years, I cannot recollect exactly—he left at one time, and returned afterwards—he asked to come back—I have had dealings with Fossey and Steel, timber merchants—I had a large contract with them in reference to some wooden houses that were going out to the Crimea—I compounded with them, in 1854, for 15s. in the pound—I then owed them between 1,000l. and 1,200l.; I forget the amount—at this time there is a claim on the part of Fossey and Steel of some thousands of pounds against me; I believe between 6,000l. and 7,000l.—that claim was made, I think, last Aug. twelve months—it was pending at the time the prisoner was in my employ men t—Fossey and Steel have become bankrupts, and their assignees are now pressing that claim against me—I have indicted Fossey for other matters—those matters amount to more than 1502., and more than 200l.—I discharged Neary on 7th June last, because I found that he had been giving information to Fossey and Co.—I am not in the least afraid of his being called as a witness against me in the action—it is perfectly immaterial to me—I never said I would ruin him—I called him a scoundrel—I did not shake my fist in his face, or do anything with my fist; I hope I should not be so ungentlemanly—I never said that I would rain him—I did not say, "You may go and starve, as you have starved before, and die in the workhouse"—I did not use any expression of that sort in the presence of Mr. Stap—I have not the slightest recollection of it—I do not think I could—I do not think I said anything to him about dying in a workhouse—it is a difficult thing to swear to every word that a man utters—I really cannot answer whether I did or did not use such language; I have no recollection of making use of such expressions—I do not think it at all probable that I could say such a thing—I did not tell him that it wonld be much better to go across the seas, than to give evidence against an employer—I think I never said that; I have not any recollection of making use of such expressions at all, in any way whatever—I have no

recollection of saying that to him in the presence of Mr. Stap—I will not swear I did not shake my fist in his face, I am sure I did not do that—I will swear that I did not put my fist in his face, in Mr. Stap's presence I did not threaten to strike him, or say I should like to strike him; I think I said he deserved a good horsewhipping—the sum that I gave for the payment of the wages was a conjectural sum—I do not know that the piper I was put before me, he required a cheque or money for a certain amount—I I do not know the means by which he obtained it—I had no timekeepers that I know of—I think Mr. Stap will be able to give you more information about that; I did not enter into detail about that—the prisoner has made a claim against me since he left for 7l. or 8l., as owing to him—he made a claim at the time he left—I never saw him since he left—I heard from Mr. Stap that he had called, he called by appointment; he was told I pn 7th June to call to render his account up—I cannot say whether he we given into custody on 27th, I forget the date—I think he went to the factory twice—I did not see him, but I heard so—I never instructed Mr. Stap to go to him, and say what a pity it was that he was not on friendly terms with me, and that it would be much better that he should give evidence for me than for Fossey and Co.—I have his written declaration—I never told Mr. Stap to go to him with such a message—to my knowledge, he never did—Mr. Stap asked him on 7th June to render his account, I did not—I had heard the night before that he had given information to Fossey and Co.; I discharged him instantly upon that—I should have done so that night if I had seen him.

MR. SERJEANT BALLANTINE. Q. Up to that time were you aware that any acquaintance whatever existed between Neary and Fossey) A. Certainly not—finding that he was in communication with the person who was bringing an action against me, I dismissed him—there is a counter claim, and the whole matters have been referred to arbitration—I dispute my liability altogether, and make a large claim against the estate of Fossey and Steel—in addition to the arbitration, the matter has been in Chancery, and a variety of other places—the composition was in Sept., 1854—I then found that I was in some difficulty; I think I owed something like 14,000l. at that time—I immediately called my creditors together, and proclaimed to them what my position was—I paid the whole of them 15s. in the pound—I am still dealing with the whole of them—I was not in the least aware of the cause of my being unable to meet my liabilities at that time—I have since ascertained it—Neary was given into custody in June—during the period that the investigation was going on against Neary, I received a communication from Mr. Steel—it was in consequence of that communication that I preferred these charges against Fossey and Neary—I supplied my solicitors with all the information that I possessed, and left them to put it in the proper legal form—I have looked at these books, I know Neary's handwriting; I believe the figure "1" thathas been inserted upon an erasure, to be Neary's writing—with regard to the erasure or alterations in that book, my information was entirely from Steel.

MR. SERJEANT PARRY. Q. Do you know that Steel was a discharged clerk of Fossey and Co.? A. I do not; he was a clerk of their's—he is now in business for himself, not next door to Fossey.

EANDALL STAP . I am managing clerk to Mr. Walker, and am likewise his brother-in-law. I was so during the years 1855 and 1856—Neary Was also in the employment, it was his duty to arrange the wages book: from time to time it was my duty to examine that wages book—I did so during

Jan., Feb., and March, in the present year—Neary left some time in June—I had applied for the wages book at that time, very often; it moat have been in March, I should say, that I began applying for it—after one or two applications he stated that he had had a robbery at his house, that his papers and vouchers were at home, and he required time to set his papers to rights before he handed in his accounts—the wages book was mostly in the office—the accounts were rendered about 12th June—by the accounts I mean the vouchers of the payments—after they came I examined the wages book; I noticed some of these erasures—I did not communicate that to Mr. Walker till afterwards—I have had my attention called to the items in the weeks ending 6th Jan. and 7th March—this (produced) is a voucher fox the payment of some lead, it is in Neary's handwriting—(Read: "Scott Russell's, old lead, 1 cwt. 1 qr. 12lbs., at 20s., 1l. 7s. 2d.")—I received his accounts on the basis of that voucher—in addition to that voucher, I received the ordinary account containing that week's payments—this (produced) is the account I received, it is in Neary's writing—it contains the same item, and the same amount, in relation to the old lead—that was not delivered to me at the end of the week; a portion of these accounts were rendered about a fortnight previous to his discharge; this one was—I think these accounts were rendered up to 9th Feb., that would embrace this account of course—I am not aware of any lead purchased in connection with Scott Russell's, except this; none appears in the accounts.

Cross-examined by MR. PARRY. Q. You know all about the matter at Millwall? A. I know something about the matter—it was not my duty wholly to attend to it—entries were generally made in pencil in the first instance, and the ink was added after the job was complete, after the payment of the wages—the number of men employed at Millwall varied, I cannot give you the average number—I should say at that time there were about thirty—before the payment a sort of rough estimate was made of what would probably have to be paid, and a cheque given—I do not know that it was sometimes found that enough money had not actually been given—I will not swear that that did not happen; I cannot tell, I dp not know—I am not aware that Mr. Walker sometimes added to the cheque, and drew for his own personal expenses—I will not say that it was not so—Neary would take the men's time from the men themselves—I am not aware that there was any time keeper at that time; I was not always there—I do not recollect whether there was a person at the gate to keep the time, there may have been; I should not think there would be two persons who kept the time—I am not sure of that—I do not know whether there might not have been three—I am head clerk, managing clerk, and have a general superintendence over the business—there was a lad named Kenelly in the employ—he was discharged; I am not aware for what—I did not discharge him—I do not know who did—I do not know whether he was discharged for dishonesty—I never heard that it was because Mr. Walker suspected him of having stolen his coat—I was present when the prisoner was discharged; at that time he owed Mr. Walker 5l. that he had lent to him—I do not know that Neary ever advanced money out of his own pocket for trifling purposes, at Millwall, he may have done so—I do not know anything about it—I do not know that he has not done so, and I do not know that he has—a person named Watkins was employed at the factory—he kept the men's time while he was there—Walsh was also employed there; I never heard that he kept the men's time—it might have happened, and yet not have come to my knowledge; you must understand that I was not wholly there, I was in the country

at different works—I am not quite certain as to what Mr. Walker said to the prisoner when he dismissed him—he was called something like a d—scoundrel—I never heard Mr. Walker say to him, "I will bring an action against you for that 5l., and you must find money to pay the lawyers, for they won't work without pay"—I never heard it—I did not hear him threaten to sue Neary for the I O U—I do not know whether that did or did not pass, I was in and out of the room—I had discovered at that time that he had given certain information to Fossey and Steel—I did not hear Mr. Walker say that by so doing he had ruined an honest man, and the best of employers—I do not think he said, "Go and starve, as you have starved before, and you will die in the workhouse;" I did not hear such a speech as that—I remember Neary leaving the service in 1854—he came back in April, 1855—I think I met him in the street on the occasion of his returning, Mr. Walker was with me—I said to Mr. Walker, "You want to see him, don't you?"—I had asked Mr. Walker to take him on, as he had been out of employ so long, and he did so—he called him back and gave him a lecture before he gave him employment—I never remember saying to Neary, "It is a great pity you gave that information to Fossey, you might have been in Mr. Walker's service now if you had not done it"—I did not on the day before he was given into custody, say, "This would never have occurred if you had not given the statement to Fossey"—I swear that I never did, not to any one, nor did I ever say what a pity it was that he had made this statement to Fossey; that he might have been in Mr. Walker's service still, if he had not—I swear that I did not say so to his wife, or to any one—we only had one person named Day in our employment—I have a slight recollection of the job at Scott Russell's—the purchase of lead is here represented as relating to that job—I had this wages book in my possession when the accounts were rendered—I do not think I had it in my possession last Feb.—probably the book might be lying about the office, and I might be looking at it casually—if it was there, very likely I should see it as I should see any other books—I do not remember giving Neary some loose sheets to enter the wages in Feb.—I will not swear I did not—he made an application to me for money after he was dismissed; he came for the settlement of his accounts—he did not frequently ask me to point out where the accounts were wrong—he asked me if there was anything wrong in the accounts, so far as I had looked at them, certainly—he demanded a week's wages on account of his dismissal without notice—he was a weekly servant.

MR. SERJEANT BALLANTINE. Q. When was it that you first observed the erasures to which the attention of the Jury has been directed? A. About a fortnight previous to his dismissal, I had not noticed any alterations or erasures during Jan., Feb., or March—the books have been in the solicitor's office since—they are exactly in the same state as they were when I first observed the erasures—my attention has been called to them now—I can say from my recollection that they are in the same state as they were.

THOMAS WILLS . I am an engineer, and have occasionally worked for Mr. Walker, at the foundry at Millwall. I went into his employ shortly after Christmas—I think it was about the second day after Newyear's day—I went to work about 10 o'clock in the morning; if I had been employed previously to that day, I should have gone to work at 6 o'clock, and worked till half past 5—I received 4s. 8d. a day that week; I received two days and three quarters; that was 12s. 10d.—I went to work on the Wednesday—Neary paid me the money.

Cross-examined. Q. Were the wages actually paid to you by Neary, or genenilly

handed to you by the boy Kenelly? A. Neary generally sat in the office, and handed them through the wicket—there was a boy in the office named Kenelly—I cannot swear whether he used to hand the wages to ine or not—my time was taken by Kenelly—Neary did not take it; the lad did; I cannot say whether he gave it to Neary—I recollect the day particularly on which I received the 12s. 10d.—it was on a Saturday—it must have been about the 7th—I went to work there on the Wednesday, two days after the new year, and this was on the Saturday following—I had not been to work there the week before—I did not work there in the subsequent week—they kept back the Saturday's wages; they paid us up to Friday night—I cannot say why that was—it made no difference to me—I was paid when I was dismissed—my name is Wills, not Wells—I do not know Day—I was not discharged by Neary.

---- WATKINS. I had to pay the men employed at Aldershot. A man named Day was employed there by Mr. Walker—this pay sheet (produced) is my writing—I paid a man named Day, at work at Aldershot, on 5th Jan.—I do not know of any other Day in Mr. Walker's employment.

Cross-examined. Q. Did you know anything of the men at Millwall? A. Not at that time; I might have known some of them; I did not know all.

THOMAS WAKELING . I have been in the habit of working for Mr. Walker. I worked for him in March last at Millwall—I did not receive my wages on 7th March; I received them on the Saturday night, as I started there on Wednesday, 5th March, after leaving Aldershot—I went to work on Wednesday morning, about 9 o'clock, or half past 9—my wages were 5s. a day—I received my wages for the number of hours that I had worked that week from Mr. Neary—I received 13s. 9d.—that was the amount that was due to me—I did not receive more than that.

Cross-examined. Q. Do you know the exact day on which you received that? A. Yes; I went to work on the Wednesday, and I received the amount of my money on the Saturday following—I did not go on the Tuesday—I saw Mr. Walker on the Tuesday—I worked there the following week, and the week after—I received 30s. the following week—I believe I received a full week's wages for upwards of two months while I was there, except the first week.

JOHN COX . I am a moulder at Mr. Walker's factory at Mill wall Before Feb. last I had some old lead by me—I sold it to Neary, for Mr. Walker—there was Iqr. and 121bs.—he paid 7s. 2d. for it—I gave him a receipt for the money—the lead was to be sent to Scott Russell's—I never sold any lead for 1l. 7s. 2d.

Cross-examined. Q. 20s. a cwt was the price of the lead? A. Yes, that was the proper price—I had bought the lead of Mr. Briggs, of Charlton—I am not a dealer in lead—I happened to have it by me—I do not know how much lead was wanted for the job.

JOHN REARDON . I was a clerk in Mr. Walker's employment. I superintended a job at Scott Russell's—I knew of the lead that was sent down—I did not know of whom it was purchased—that was the only lead that was sent down—Michael Callan was the carman.

Cross-examined. Q. What was the lead wanted for? A. To lead the bolts, and hold the clams down—I was working for Mr. Walker at Scott Russell's.

JOHN COX . re-examined. I did not write this bill of parcels of the lead—that is not the bill I sent in.

RANDALL STAP . re-examined. This is in the prisoner's handwriting.

JOHN REARDON . re-examined. The quantity of lead sent down to Scott Russell's was from thirty-five to forty pounds, not more.

(The prisoner received a good character.)

GUILTY . of stealing the 1l. Aged 25.— Confined Nine Months. (See OLD COURT, Thursday.)

Before Mr. Justice Erie.

Reference Number: t18561027-966

966. RICHARD CRUMP BARFORD . feloniously and knowingly uttering a forged 5l. note, purporting to be a Bank of England note.

MESSRS. GIFFARD. and BAYLEY. conducted the Prosecution.

ELIZA DAY . I reside with my mother, who keeps a ham and beef shop at No. 87, Leadenhall-street. About the end of Aug., or the beginning of Sept., the prisoner came to our shop, in company with his mother—he asked for some ham and beef—I served him with it—while he was there, he said he had known my father above twenty years ago, and that he had known the shop as long as that, and that he had known Mr. Pallet, the ward beadle, a great many years—he said his mother was in the receipt of a small pension—I had never seen him before, to my knowledge—he gave me a 5l. note to pay for the beef—he asked for a pen and ink, and wrote his name and address on the back, "Richard Crump Barford"—this is the note (produced)—he wrote this in my presence—I gave him 4l. 18s. 4d. change, which he took, and went away—I put the note in the cash box, there was no other there—about a fortnight afterwards, he came again, alone; he said he wanted some more ham and beef—he was served with it—his conversation was just the same as before, very familiar, talking about Mr. Pallet—he paid with another 5l. note—this (produced) is it—I examined it, and saw that it had his own name endorsed on it, and two others, Miss Taylor, and Mr. Price—I placed that note also in the cash box, below the one that I had previously received—I gave him change, and he left—I saw him again not much more than a week afterwards, about the 26th or 27th Sept.—he asked for some ham and beef again, which he had—he said he was trying for a situation at the Clothworkers' Hall, and if he got it, he would try and get me the order to serve the Hall with hams—he asked me if his mother had been there—I said I had not seen her, and he said most likely she was over at Mr. Pallet's—he paid me for the ham and beef with another note—he wrote his name on it in my presence—this is it (produced)—I placed it in the box, underneath the other two—on 4th Oct. I paid away the two notes which he had first given me—on 6th Oct the prisoner came again—he said, "I have come again to see you"—he asked for some ham and beef again—I served him with some, and a piece of German sausage, and three penny loaves—he produced another 5l. note, and wrote his name, "Richard Barford;" and then he said, "I had better write my whole name," and he put "Crump" over—this is the note (produced)—I placed it in the cash box, underneath the last I had received—on the following day the two first notes, which I had paid away, were returned to me as forged—the prisoner came to the shop that afternoon; he said he wanted some beef—I told him I could not serve him with any more beef, and I had a charge against him for passing forged notes—I sent for a policeman, and gave him in charge—I gave the notes to the constable.

Prisoner. Q. When I first came, did not I say that if you thought that was not my name, you might go across to Mr. Pallet, who had known me many years, and knew my handwriting? A. No, I do not recollect your saying anything of the kind; you said you knew Mr. Pallet—when I told

you that the 5l. notes were bad, you did not say no doubt the 10l. one was bad also, nor did you produce it; you were going to pull it out, but the constable would not allow you to do so.

Q. Do you think it stands to reason that I should put my own name and address on the notes, if I had had the least notion that they had been forged? A. I do not know what to say to that, yes or no, because I think you did know they were forged.

WILLIAM ROLLS . (City policeman, 636). On the afternoon of 7th Oct. I was called to Mrs. Day's shop, and the prisoner-was given into my custody for uttering forged 5l. Bank of England notes—I received these four notes from Miss Day, two were marked "forged"—the prisoner told me, going along the street to the station, that he knew where he had taken them; he had taken them of John Cook, of Oroydon, and if they were bad the one in his pocket must be bad likewise—I searched him at the station, and found this 10l. Bank of England note on him, and this bag—I put my name on it, and gave it with the others to inspector Scott.

Prisvner. Q. Did I not appear much surprised and excited when I was told that the notes were forged? A. No, I did not see any difference in you—I found nothing on you relating to this aflair, only a few papers connected with some property belonging to your mother.

CHARLES SCOTT . (City police inspector). The prisoner was brought to the station, and I entered the charge—I read it over to him, and told him he was charged with uttering forged notes—he said if they were forged, he was the sufferer; he knew where he had them from, and he had signed his name and address on them—he said, "I received them from a person of the name of John Cook, of the East India-road, Oroydon; I sold him some sheep, and I have sold him a great many sheep"—I asked how he got his living—he said that he dealt in sheep.

Prisoner. I do not deny but what I might have said what you have stated, but if I did I made a mistake—I had been drinking rather freely—the party who gave me the notes said he had them from Cook. Witness. I do not think he was affected by drink.

SAMUEL WILLIAMS . I am in the employment of the Clothworkers' Company. I have known the prisoner for some time—I never heard that he had applied for any situation there; if any application had been made, I most have known of it.

CHARLES NEWTON . I am postmaster of Croydon, and have been so nearly fifteen years. I never heard of a road there called the East India-road—I know of no such person as John Cook, a farmer, living at or near Croydon.

Prisoner. Q. Do you know a farm called Woodside Farm, near the East India Company's College for cadets? A. Yes, at Addiscombe, a farmer, named John Cook, formerly lived there, but he left, to the best of my knowledge, nine or ten years ago.

JOSEPH BUMSTEAD . I am an inspector of notes to the Bank of England. These notes are all forged—two of them are from one plate, and two from another, and the 102. note from a third.

(The prisoner's statement before the Magistrate teas read, as follows: "Each note was given to me by the same party, a man named James Earwaker, who sometimes goes by the name of Thompson; he has but one arm; he sent me with each of the notes to purchase some ham and beef, which I did do of that young lady; she gave me the change out of the 5l. notes, which I took back with the ham and beef to James Earwaker; another man, whom

he called Tom, was with him; I do not know his name; I never saw him in my life before Earwaker introduced him to me; he said he was a cattle dealer, and said he had been to Croydon, and made a deal with one farmer John Cook; I was aware that a farmer, John Cook, did live at Croydon; this entirely took me off my guard; I had not the slightest idea or suspicion that the notes were forged, or I should not have offered them to any person; I put my own name and address on the back when I passed them; I have given every information to the detective for the apprehension of Earwaker, and I trust your Lordship will allow further time to allow the detective to apprehend Earwaker; I feel confident if he is taken I shall be quite able to prove I had no notion the notes were forged.")

The prisoner put in a long written defence, to till same effect as the above, stating that he was respectably connected, and that he been considered of weak mind, and placed in a lunatic asylum.

William Fidd, furnture broker, of Church-street, Rotherhithe, and Jamnes Greenhough, general dealer, No. 3, Triangle-place, Cambridge-road, deposed to the prisoner's good character.

GUILTY . Aged 47.— Six Years Penal Servitude.

NEW COURT.—Wednesday, October 29th, 1856.

PRESENT—Mr. Ald. COPELAND.; Mr. RECORDER.; Mr. Ald. FINNIS.; Mr. Ald. CUBITT.; and Mr. Ald. HALE.

Before Mr. Recorder and the Fifth Jury.

Reference Number: t18561027-967

967. WILLIAM ROSE , embezzling the sums of 25l. and 16l. 14s. 6d. also, 13l. 3s., 15l. 6s., and 15l. 6s. also, stealing 30l., 27l., and 31l. the moneys of Robert Hunt, his master: also, stealing 13l. 3s., 15l. 6s., and 15l. 6s. also, stealing 30l., 27l., and 31l. 14s. 6d.; the moneys of his said master: to all which he

PLEADED GUILTY .— Confined Eighteen Months.

Reference Number: t18561027-968

968. JOHN BANKS , feloniously cutting and wounding John Sullivan, with intent to do him some grievous bodily harm.

JOHN SULLIVAN . I am a labourer, of No. 53, Flower and Dean street, Spitalfields. On Monday night, 13th Oct., I was going along Brick-lane with another man—I do not know his name, he was a Land Transport man, and he lodged in the same house as I did—I dare say he is now at work at the docks—as we were going along we came up to the prisoner and some women—the man that was with me struck one of the women with his elbow as he was passing, she turned and said, what did he do that for—he made some saucy answer, and she struck him—the prisoner then came up, hit the man, and hit me in the face with his fist—he made a second blow at me, and I kept it off with my hand—he put his hand towards his pocket, made a stroke at me, and cut me under the ear—it is now strapped up—I said, "Oh my God! I am done!" and fell against the pawnbroker's shutters—I put my hand to my head, and the blood came all over my person and my clothes—the people took me into a doctor's shop, and the doctor attended me—I do not know what became of the prisoner, I was senseless—I pointed out the prisoner to the policeman the next day in Keate-street.

Prisoner. He said at first that when I struck him I had a knife in my hand. Witness. I did not—I did not see what he had.

WILLIAM AMBRIDGE . (policeman, H 192). The prosecutor pointed out the prisoner to me, at No. 12, Lower Keate-street—the prisoner said, "I shall not go out; you shall not take me"—two other constables came, and we took him—in going to the station, he said, "I own I struck him, but I did not stab him"—the prosecutor's clothes were cut through in the back.

JOHN COMLET . I am a surgeon, a general practitioner. On Monday evening, 13th Oct., about half past 9 o'clock, I was called to the police station to see the prosecutor—I found a deep wound on his back, penetrating to the rib, about half an inch long—it was a clean cut wound—under his right ear I found a flesh wound, about an inch long, only just penetrating through the skin, not to the bone—it was a very clean cut wound—it was not dangerous in itself, but it was in a dangerous neighbourhood, not far from the jugular vein—it might have been done with a knife—I do not think it possible that it could have been done with the fist—it might have been done by a ring on a finger, if the ring was very sharp—the edges of the wound were not jagged, it was a clean cut—I should think both the wounds had been done by a small penknife—I I dressed them both.

COURT. to JOHN SULLIVAN. Q. Did the woman strike you on the back before you received the blow under the ear? A. No, afterwards—just after the prisoner struck me he went towards the woman, and then she came and struck me—the prisoner went so near to her that he might have given her anything he had in his hand—I did not see anything of that sort—they were both close to me—he had not far to go to her; a step would do it.

Prisoner. He said, when he was at the station, that he put his hand to his head, and he was insensible; and now he says that he saw me go to the woman. Witness. I was not insensible at that time—I became insensible after I was taken to the hospital—I was taken back to the station—I lost much blood—it kept bleeding all the time I went to the hospital.

COURT. to JOHN COMLET. Q. Was there any blood vessel cut? A. Not any large vein—there was more blood on the back than on the face—there was not much loss of blood in the back—he might have fainted from those wounds.

Prisoner. When the man was stabbed I walked with his mistress to the hospital; he said it was a woman that stabbed him; the woman gave him a crown in the morning.

GUILTY .

Reference Number: t18561027-969

969. JOHN BANKS was again indicted for stealing 1 watch and chain, value 3l.; the goods of James Keating, from his person.

JAMES KEATING . I am a shoemaker, of Susannahrow, Shoreditch. On 6th Aug., between 4 and 5 o'clock in the afternoon, I was walking along Brick-lane—the prisoner came up to me—he put his right hand before my eyes, and with his left drew my watch and gold Albert chain out of my pocket—it was not round my neck—he ran down Flower and Dean street—I ran after him till I was exhausted, I then lost him—I saw him again at the police office, on 15th Oct—I then identified him—I have not the least doubt that he is the man.

Prisoner. He said at first to the Magistrate that he doubted if I was the man. Witness. No, I picked him out of six persons.

COURT. Q. Did you say to the Magistrate, "I think he is the man?" A. No, I said, "I am sure it is him"—he was shown to me in the waiting room, amongst all the rest of the prisoners—no one pointed him out—I might have used the word "think," but I contradicted myself momently.

WILLIAM AMBRIDOE . (policeman, H 192). I was at the police station when the last witness came there and pointed out the prisoner—ther were six prisoners in the right hand corner—they all stood up, and the last witness picked out the prisoner—no one pointed him out.

Prisoner. The officer stood directly opposite me; there were only three men. Witness. There were five males—Sergeant Jackson stood there and told them all to stand up.

GUILTY . Aged 17.— Six Yews Penal Servitude.—The prisoner reyuegfa a heavier sentence, which being refused, he said, "Then I will stab somebod in the gaol, if I have an opportunity"

(There was another indictment against the prisoner.)

Reference Number: t18561027-970

970. RICHARD SMITH, JAMES FORDHAM , and JAMES BEARD stealing 20 sacks and 10 quarters of oats, value 15l.; the goods of Thomas Berridge, in a barge on a navigable river.

MESSRS. RIBTON. and SHARP. conducted the Prosecution.

THOMAS BERHIDGE . I am a warehouseman and lighterman, of Worcester-wharf, Thames-street. On 18th Sept I had 700 sacks of oats in a barge called the Young Tom, at Worcester-wharf—I saw them safe on that Thursday, about 9 or 10 o'clock at night, and at 6 o'clock the next morning I missed twenty of them—I saw them again on Saturday morning 20th Sept., about 10 or 11 o'clock in the morning—I identified them as my property—I know the prisoner Smith—he had never been in my employ—I know his master—Smith had occasion to know my premises—these sacks were taken out of the after part of my barge.

Cross-examined by MR. HORRT. Q. You have known Smith some time; was he employed as a lighterman? A. Yes; that was his usual employ—he used to be employed up and down the river—it is not a common thing to employ persons to assist him.

Smith. Q. Did you ever see me touch a sack of your oats? A. No—I have seen you near my premises, but not about the time these oats were stolen—I did not know you were at liberty—I would rather not say all that I know about you.

WILLIAM THOMAS BRIDGES . (Thamespolice inspector). I received information, and on Friday night, 19th Sept., I watched the barge Edwin, at Nine Elms—there were three other officers with me—on the Saturday morning about 6 o'clock, I saw the three prisoners come across Battersea-fields, in a direction towards the barge—they went into her—they went into another barge first—they took some considerable trouble to get into this barge—when they got in, Beard went aft; he lifted up the scuttle, and looked into the cabin—Fordham let go the head rope, and Smith loosened the oare—they then commenced pushing the barge ashore towards a draw dock—I immediately went alongside of the barge, and Beard and Fordham jumped on to the other craft that were there—they had been pushing the barge in the direction of the draw dock, but they did not get there—I told the other officers to take Fordham and Beard, and I directed my attention to Smith, who was still in the barge—he could not get out, because the barge was then floating ahead—Smith had the hitcher in his hand—I said to him, "Well, Dick, I hare nailed you again"—he said, "Nailed me! what have you nailed me for?"—I said, "For those oats that are in the barge's cabin"—he said, "Oats in the cabin in the abin! I know nothing of any oats in the cabin"—I told him to come into the boat that I was in, by the side of the barge, and he stepped in, and by that time the other officers brought the other two

prisoners back—Smith said that a man he did not know had hired him to put the punt ashore, but he said, pointing to Fordham, "This man known him"—Fordham said that a man employed him to get the oats out of the barge, but he did not know the man, and he did not know the quantity he had to get out—Beard said that he had been employed, but he did not know the man that employed him.

Cross-examined. Q. Did Fordham say that Smith had also employed him as well as the other man? A. No, nothing of the kind—I never saw Smith acting as a lighterman—I know his master—I know he was apprenticed to a lighterman.

Smith. Q. Bid you not know me when I worked for Mr. Dew, as a lighterman? A. No—I did not know you were apprenticed to him till he told me—I did not know you to work for your brother-in-law—I never knew you till I apprehended you—when I asked you to come into the boat, you came of course; you had no other resource—Fordham got away from off the cabin head.

HENRY JOSEPH KING . (Thames police inspector). I was with Bridges, and was the three prisoners come to the barge Edwin—they all got in, and poshed off towards the draw dock—Fordham and Beard got out, and ran over an old barge that was being broken up—I and another officer took them, and brought them back to the barge—I searched the barge Edwin, and found concealed in the cabin twenty sacks of oats, some marked "H. Aste," and others "Henry Aste"—I produce one sack.

Cross-examined. Q. In what position were the barges? A. There were several barges lying at a builder's, and the Edwin was fast to one of the barges that was lying off the stream in the row—it was daylight—they had to push another barge off from the wharf to get to the Edwin—I went into the barge—two of the prisoners ran off as we got into the barge—they did not get on shore—they went over two other barges—they stepped out of one into the other—they were taken in the other barge—they had run along the barge's gunwale.

THOMAS BERRIDGE . re-examined. This is one of the sacks that were taken from my wharf—it is one that I lost—some were marked "H. Aste," and I some "Henry Aste,"

JAMES WOODHOUSE . I am a corn porter. I helped to unload the barge at Worcester-wharf—there were 680 sacks in it—they correspond with this one—the marks are the same.

THOMAS DALE . I am apprentice to Mr. Gunner, a lighterman, at Tower-wharf—the barge Edwin belongs to him—it was moored at Tower-wharf on Thursday, 18th Sept—I saw it last about 4 o'clock that afternoon—it was then empty—I do not know how it got to Nine Elms—I have since seen it in charge of the police—I do not know the prisoners—when I came on Friday morning, about 8 o'clock, I missed the barge.

(The prisoners, statements before the Magistrate were here read as follow: Smith saith: "On Friday night, about 8 o'clock, I was in the Borough; Fordham came to me, and said he had just come home from Batteraea, and he had got a job to land a barge of oats in the morning, and be wanted some more men to go with him; I met him in the morning about 5 o'clock, in the Borough, and we went to Nine Elms, and went into the barge where the oats were in the cabin; we proceeded to remove the barge to a draw dock which is between the flour mill and the public thoroughfare, where Fordham said he had to meet the man; we were there moving the barge, when the

police came and took us into custody; I never saw the oats at all, nor did the police see us touch them; they only saw us moving the barge."Fordham says: "I was coming across Battersea-fields last Friday, and a man asked me if I wanted a job; I said, 'Yes,' as I had nothing to do; he said he had some oats in a barge if I liked to land them—I said, 'Yes I should like the job;' I asked if he would have them landed then; he said, 'No;' but I was to meet him at 6 o'clock the next morning; I said, 'We can't get them out ourselves;' he said, 'No, do you know anybody else that can help you to get them out?' I said, 'Yes,' and I asked him where the barge was, and he walked along where there was a lot of rubbish, and showed me the barge; he said we were to land them out there; I told him I would be there in the morning; I was proceeding home, and I saw Smith and Beard; I asked them if they wanted a job; they said, 'Yes;' we met at 5 o'clock, at St. George's Church, in the Borough, to go and get these cats, and were walking along where they shot this rubbish; we saw some barges; Smith said, 'There is no oats in either of these barges;' he then got to this barge, and he lifted the tarpaulin and looked down in the cabin and said, 'Here are some oats here;' he said, 'We can't unload them here; there is a place where it will be most proper to unload them;' and as we were shaving the barge along, they came in the boat and took us."

SMITH— GUILTY . Aged 20.

FORDHAM— GUILTY . Aged 20.

BEARD— GUILTY . Aged 19.

of receiving.

(Smith was also charged with having been before convicted.)

THOMAS BERRIDGE . re-examined. I produce a certificate—("Hertford Assizes; Richard Smith, convicted, Aug., 1855, of stealing twenty-four sacks of oats;Confined six months; four weeks of the time solitary , and therest to hard labour")—I was present; Smith is the person—he has been since convicted at the Surrey Sessions, and was only out two days when lie committed this robbery.

SMITH— Four Years Penal Servitude.

FORDHAM

BEARD

Confined Twelve Months.

Before Michael Prendergast, Esq.

Reference Number: t18561027-971

971. WILLIAM THOMPSON , stealing 1 handkerchief value 2s.; the goods of Clement Hezekiah Dukes, from his person.

MR. PLATT. conducted the Prosecution.

CLEMENT HEZEKIAH DUKES . I am a Dissenting minister, and live at No. 1, Oxford-terrace, Dalston. On 18th Oct., about half past 10 o'clock in the morning, I was walking in Bishopsgate-street—I felt something touching my pocket—I put my hand down immediately, and found my handkerchief was gone from my left hand coat pocket behind—I saw the prisoner crouching behind two or three persons—I seized him immediately, and he drew my handkerchief from his pocket, and handed it to me, saying, that it had fallen on the ground—when I turned round he was within a step of me—two or three persons who were talking were quite close, touching my elbow—the prisoner struggled very violently, and tore himself away, leaving a great part of his coat in my hand—I ran after him; a policeman was coming in the opposite direction, and took him—this is my handkerchief I had it safe just before.

Cross-examined by MR. METCALFE. Q. Did you miss it before you saw

the prisoner? A. Yes; I did not see him with it in his hand—he was not coming towards me when I saw him—he did not produce it and give it to me saying that he had picked it np—he took it out of his own pocket—when I first saw him he was not holding it in his hand—I have been examined before—I said he took it from his pocket and gave it me immediately, and said, "Here is the handkerchief; it was lying on the ground"—I cannot recollect whether I have said before to-day that he took it out of his pocket.

(The witness's deposition, being read, stated: "I saw the prisoner cronching amongst two or three other persons with my handkerchief in his hand")—I saw him with it in his hand, but he had taken it from his pocket—there were a great many other persons about—some were between me and the prisoner—I went to him, and he gave the handkerchief up to me—I collared him first, and as soon as he felt he was in my possession, he gave it up.

THOMAS SANDERS . (police sergeant, A 54). On the morning of 18th Oct., I saw the last witness running after the prisoner in Bishopsgate-street, and calling out, "Stop thief!"—just before the prisoner got to me, he turned up a court—I ran after him up several courts, I think six or seven; at last he ran into a yard, and stood against a stable wall—I told him I wanted him for picking a pocket, I understood—he said, "I am very sorry"—when before the Magistrate, the prisoner said, "I wish you to sentence me."

GUILTY .

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

CHARLES STEBBINOS . I am a superannuated policeman. I produce a certificate of the prisoner's former conviction—(Read: "Clerkenwett, Aug., 1851, William Thompson, Convicted of stealing one handkerchief, value 5s., of William M'Dougal, from his person; Transported for seven years")—the prisoner is the man.

GUILTY. Aged 23— Four Years Penal Servitude.

Reference Number: t18561027-972

972. MARY ANN DAYEY , stealing, on 28th Aug., an order for the payment of 10l.—2nd COUNT, stealing, on 3rd Sept., the sum of 2l. 0s. 6d.—3rd COURT, embezzling 6l. 3s.; the moneys of Richard Willis, her master.

MR. TINDAL ATKINSON . conducted the Prosecution.

ALICE WILLIS . I am the wife of Richard Willis, of Crouch-end. The prisoner was in my service—in Aug. my husband gave me this paper—I gave it to the prisoner on 29th Aug., the day after my husband gave it to me, and told her to take it and pay Mr. King 6l. 9s. 6d.—she came back, and said he had taken 6s. 6d. off for discount, and she gave me 3l. 17s.—on 3rd Sept I gave her 2l. 0s. 6d., to pay the poor rates—I did not see her till the next morning, and she said she had paid the money to Mr. Grimes's son—she was accustomed to order the tradesmen's things, and every week I gave her the money to pay the bills.

COURT. Q. Did she give you the receipt with the 3l. 17s.? A. Yes, it has been lost—she did not bring anything from Mr. Grimes; she said she could not, Mr. Grimes was not there.

Prisoner. Mr. Willis gave me the cheque in the breakfast parlour, and as I was going down the hall steps, Mrs. Willis called me back, and told me to go and get the cheque cashed, and I went and got it changed, and gave the ten sovereigns to her. Witness. No, I gave her the cheque myself—I did not send her to get it changed—she took it to pay the bill, and brought the invoice back, and the receipt—I am quite sure I gave her the 2l. 6d., and I asked her why she had not brought the receipt, and she said she could not, Mr. Grimes was not at home.

RICHARD WILLIS . I drew this cheque, and gave it to Mrs. Willis—I did not give it to the prisoner at all—it has come back to me from the bankers.

Prisoner. You gave it to me at breakfast Witness. No, I gave it to Mrs. Willis.

COURT. Q. Did you hear Mrs. Willis ask her for Mr. Grimes's receipt! A. Yes, and she said she had not had time to go back for it—I looked for the receipt—I had seen the bill she was to pay.

ALICE WILLIS . re-examined. I left the receipt on the breakfast parlour table.

HENRY KING . I am a corn chandler, of Crouch-end. Mr. Willis is a customer of mine—he was indebted to me 6l. 9s. 6d.—the prisoner did not call and pay me that amount on 29th Aug., or since—I have not been paid that amount—it is still owing—I did not see the prisoner on 29th Aug.

CHARLES DAVIES . I am a draper, of Crouch-end. I knew the prisoner, in the service of Mr. Willis—she came to me on 29th Aug. for change for this 10l. cheque—she said her master and mistress were going to a wedding—I gave her ten sovereigns—I paid it away the same day—I had got my money out, coming to the City at the same time, and the cheque went with it.

JOHN ROBINSON GLANVILLE . I am a cashier in the bank where Mr. Willis keeps an account. I paid this cheque in the course of business.

THOMAS GRIMES . I collect the poor rates at Hornsey. Mr. Willis was indebted to me 2l. 0s. 6d.—I had called for the payment several times—I have not received it.

THOMAS RICHARD GRIMES . I assist my father in receiving the money for poor rates. The prisoner did not pay me 2l. 0s. 6d. for poor rates.

Prisoner's Defence. I never received the money to pay them; Mr. Willis gave me the cheque, and as I went down the hall steps, Mrs. Willis called me back, and told me to go and get change—I went and got it, and gave her the ten sovereigns; I never received any money to pay taxes but once, and that was in March, and I gave her the receipt, and she said it was right; that is the only money that I received.

GUILTY .

Reference Number: t18561027-973

973. MARY ANN DAVEY was again indicted for unlawfully obtaining 2 sovereigns, by false pretences.

MR. TINDAL ATKINSON . conducted the Prosecution.

MARIA PROUGHTON . I am the wife of Charles Proughton; he keeps the King's Head, at Crouch-end—Mr. Willis lives opposite us—the prisoner has been some time in his service. On 25th Sept, about 7 o'clock in the evening, the prisoner came to our house, and asked me for the loan of two sovereigns for Mr. Willis, saying he had a bill of 10l. come in, and he had only 8l. to discharge it, and if would lend him two sovereigns he would be very much obliged to me—I lent her the two sovereigns—it has not been paid to me.

Prisoner. Mrs. Willis sent for the two sovereigns. Witness. She said that Mr. Willis had sent her.

RICHARD WILLIS . I know Mr. Proughton—I never authorized the prisoner to go there to borrow two sovereigns for me—I never said that I had a bill of 10l. to pay and had only 8l.

Prisoner. I He did not send me; Mrs. Willis did.

ALICE WILLIS . I did not send her—I am never without money.

Prisoners Defence. Mrs. Willis called me, and asked me if I had 2l. I

could lend her; I said, "No;" she said she had got a bill to pay, and would I go and ask Mrs. Proughton to lend her 2l.

GUILTY . Aged 34.— Confined One Year.

(Mr. Willis stated that the prisoner had robbed him of between 60l. and 70l.)

Reference Number: t18561027-974

974. THOMAS STEVENS and WILLIAM ROBINSON , stealing 6 fur boas, and other articles, value 25l. 14s.; the goods of Robert Borras and others, the masters of Stevens.

MR. CARTER. conducted the Prosecution.

EMILY GORDON . I live at No. 24, Penton-place, Pentonville; I work for Mr. Pullen, a carpet manufacturer, at No. 39, Gresham-street. I know Robinson—he is servant at the Swan with Two Necks—he used to bring me my dinner—on 26th Sept. he came to me, between 1 and 2 o'clock, with my dinner, and he asked me if I should like to look at some furs—I said that I did not want any—he said that he could let me have them cheap, and there would be no harm in my looking at them—I consented to see them, and he brought them in a short time afterwards—there were two sets, one sable, and one squirrel—he left them with me, and went away—he wanted 30s. for the sable, and 10s. for the squirrel—he came again that afternoon, and wanted to know what I thought of them—I told him I wanted to take them home, and show them to my mother—he said that he had two other sets, one sable, and one squirrel, and I could have them at the same price as the others, but he should lose 4s. a set by selling them for that—next day he came again, in the forenoon, and wanted to know if I had made up my mind whether I would have them or not—I told him I had not, and I had not brought the parcel back with me, but he should have them on Monday—he went away, and the officer came, and wanted me to get the other sets from Robinson—I went to where Robinson was employed, and left a message for him—when he came I was in the cutting room—I told him that I wanted him to bring the others, and there was a person waiting that I wanted to show them to—he turned away, to go and fetch them, and the officer took him into custody—I gave the furs that were in my possession to Mr. Pullen—I did not see them given to the policeman, but when I was called into the room they were lying on the table—I believe they were the same—the officer took them, in my presence—there was no mark on them—they were the same description of articles.

ROBERT PACKMAN . (City policeman, 133). I went on 27th Sept. to Gresham street, between 12 and 1 o'clock, to a back room on the first floor, where I saw Mr. Pullen and these furs—the last witness was there a portion of the time—I met Robinson leaving the room where the last witness is employed—I called him to the back room, where these furs were, and said, "I am a police officer; are these the furs you have been showing to the young woman in the next room for sale?"—he said, "Yes, they are"—I said, "They have been identified as stolen property; how do you account for the possession of them?"—he said, "I had them from a man in the country"—I asked him if he knew his name and address—he said, "No"—he then said, "I did not have them from a man in the country; I had them from a man at the Swan with Two Necks," and he was to give 25s. for them, and had paid 15s. on account—I said, "You have some more that you were about to fetch; where are they?"—he said that he had no more, and knew nothing about any more—I took him to the station—I went to the Swan with Two Necks, where Robinson had been acting as waiter—I believe he was the only waiter—I there found three sable boas, and three pairs of

table cuffs, in a cupboard, and one squirrel boa., one pair of squirrel cuffs, and three parasols—they are quite new—the cupboard was made fast, I believe—I searched the cellar on the Sunday morning, and between the rafters and the flooring found one squirrel boa, two pairs of cuffs, and a pair of sable cuffs; and on the Monday Mrs. Dewey handed me a skin—on 2nd Oct., I went to Newgate, about 1 o'clock, in consequence of a message—I saw Robinson—he said, "This is a bad job; I have seen Tom since I have been here; Tom says he is going to have a solicitor, and all the blame will be thrown on me; I told Tom I should speak the truth; Tom said, 'If we both keep our counsel, we shall be all right;' all the goods that you have found I had of Tom; he brought me five or six parcels, two or three months ago; he afterwards took one away, and said he wanted it for his own use; about three weeks ago he brought me some furs, which he gave me in the passage, at different times in the mornings, five or six different parcels; I told him not to bring any more, as I did not know what to do with them; he said, 'I am sure you can sell them at some houses;' and the first lot I went to sell you catched me."

COURT. Q. How do you know that he meant Stevens? A. Only by his saying Tom, and Stevens was in custody at that time—they are in the habit of meeting together, I believe.

MR. CARTER. On 29th Sept did you go with Mr. Borras anywhere? A. Yes, between 11 and 12 o'clock, to No. 1, North Pole-street, Hoxton, which is Stevens's lodging—he gave his address there—I there found one squirrel boa, one pair of squirrel cuffs, one parasol, one cravat, one fur ornament, and some paper, seven or eight sheets, such as is used in warehouses—on returning to the prosecutor's warehouse, I saw Stevens there—I showed him this property, and told him I had found it at his lodging, and it had been identified by Mr. Borras—I asked him how he accounted for the possession of it—he said that he purchased the boa and cuffs at some retail houses in Shoreditch, about twelve months since, and the parasol and cravat he had purchased at different shops—he said, "The ornament I did take, and the paper."

Cross-examined by MR. SLEIGH. Q. The paper you spoke of is this that is produced? A. Yes—it is not included in the indictment—Stevens said, "I certainly did take the paper to wrap up my little things," and he said that he really did take the ornament—this is the ornament, Mr. Borras pointed it out—he did not say, "So trumpery a matter as that would not think of charging a man with"—Robinson first told me he had the things from a man in the country, and some days after that he had them from Tom.

MART DEWEY . I keep the Swan with Two Necks. Robinson was in my service, he has lived with us twice; nine years altogether—he was general manservant and cellarman—the only manservant—his name is George Kirk, but he was always called William—I know the cupboard—it is a sort of a lumber cupboard, where dirty pipes are kept, which Robinson had the collecting of—it is a cupboard I never scarcely went to.

COURT. Q. Would the maidservant go there? A. She might, or might not—it was used more by Robinson than by anybody else—it is on the staircase, and if any person went up, they would be in danger of striking their heads against the door—my orders generally were that the door should be kept shut—we go by that cupboard to go to the bedroom.

MR. CARTER. Q. Had Robinson anything to do in the cellar? A. He had been my cellarman; totally so for the last three years, since the death of my husband; but where these things were found was in the coal cellar,

where the knives are cleaned—I have known Stevens for some years; he has been in the habit of coming to my house to have his dinner for some time—he would have a steak or a chop cooked in the kitchen—I saw these things found—they were not there with my knowledge; certainly not—I gave the officer a skin—I found that on the floor in the coal cellar—the same cellar that the other things were found in—I know nothing about it.

WILLIAM SULLIVAN . I am in the employ of Chaplin and Horne—that takes me into the yard of the Swan with Two Necks—I know both the prisoners—I have seen them together frequently in the taproom, and on the premises—I know nothing of these articles.

Cross-examined. Q. Have you known Stevens any length of time? A. For the last ten years—he used to go with me with the cart as a lad—I knew him up to the time he was taken into custody—I never heard a word against his honesty—he has always been honest and well conducted—he has lately been married.

ROBERT BORRAS . I carry on business, in partnership with three others, in Aldermanbury; we are wholesale warehousemen, and deal in furs and parasols—we do not sell by retail, except to friends, not in the ordinary way—Stevens was in our employ in Sept.; he had been about two or three years—he was assistant porter, his duty was to take out parcels—we have a large warehouse, and a good many rooms are filled with articles—he would have access to everything, and particularly in the fur room—he had no authority to dispose of any—I do not know of any purchase made by him—I have not sold him any, and if any one else had sold him any, they would have been entered in the books—I have looked at these articles—these are what were taken to Gordon—I find my mark on them—I know them to have been in our warehouse—the two sets left at Gordon's are worth about 4l.—I know these others.

COURT. Q. Do you manufacture them? A. Yes, and sell them to retail dealers, and wholesale dealers also—there are many others in the trade, but not so largely as we are—we are considered the largest in the trade—you would not find our goods in wholesale warehouses in the City, but in Manchester, and Glasgow, and other country places.

MR. CARTER. Q. Look at those others that were found in the cupboard? A. They are ours—the furs are all marked, and, to the best of my belief, the parasols are ours—the whole of the property found is worth about 30l.—this fur boa and parasol found at Stevens's lodging have been worn, but I believe they are ours—this skin has got our mark on it.

Cross-examined. Q. Some of the property has got your mark, and can you speak to that without hesitation? A. Yes—the property found at Stevens has no private mark on it, the private mark is taken off—when a customer buys an article, it is usual to take the private mark off—these cuffs, and fur boa, and neck tie found at Stevens's, none of them bear my private mark—we sell hundreds and thousands in the year—I should not swear that I have not sold these particular articles, but to the best of my belief I have not—I may say the same as to this parasol and this tie—I should not like to swear this ornament is mine—I would not prosecute him for these bits of paper that his victuals were in—when the officer found this paper, it was perfectly clean—it was not in the state it is now—I do not say that this paper was ever ours—the prisoner admitted it—we are not paper makers.

Robinson's Defence. Stevens came and brought the things to me; I did not know that they were stolen; he did not give them all to me; he laid them down against the knife house; I told him I did not know what to do with them; he came to me in Newgate, and said, "I shall have a counsel, and if you will say one thing, I shall get off;" I said, "What is that?" he said, "Say I did not give them to you, it was another man;" I said that I should apeak the truth about them.

STEVENS— NOT GUILTY .

ROBINSON— GUILTY . on the 2nd Count. Aged 46.—Recommended to mercy by the Prosecutor.— Confined Six Months.

(There was another similar indictment against Thomas Stevens, on which no evidence was offered.)

THIRD COURT.—Wednesday October 29th, 1856.

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

Before Mr. Common Serjeant and the Seventh Jury.

Reference Number: t18561027-975

975. JANE MERSON and ELIZABETH MANTRICK , stealing 1 purse, value 3s., and 33s. in money; the property of Henry Bird, from the person of Mary Ellen Bird: to which

MERSON PLEADED GUILTY . Aged 24.— Confined Six Months.

MANTRICK PLEADED GUILTY . Aged 22.— Confined Twelve Months

Reference Number: t18561027-976

976. ANDREW BLAND , stealing 4 rings, value 10l.; the goods of James William Benson, in his dwelling house: to which he

PLEADED GUILTY . Aged 22— Confined Nine Months.

Reference Number: t18561027-977

977. MARY JONES , feloniously forging and uttering a warrant for the payment of 10l.; with intent to defraud.

MR. PAYNE. conducted the Prosecution.

EMMA ELIZABETH MATON FORTESQUE . I am the wife of James Henry fortesque, a baker, of No. 5, Grove-terrace, Bayswater. On 18th Aug. the prisoner brought this note to my husband—I was by his side when he opened it; it contained this cheque—(Read:" 18th Aug., 1856; Mrs. Bruff presents her compliments to Mr. Fortesque, and will feel greatly obliged if he will cash the inclosed cheque for 10l., and you will greatly oblige, yours respectfully, Mrs. Bruff; Leicester-terrace")—(Cheque read: "No. 30, Gloucester-place, Hyde-park, 18th Aug.; Messrs. Drummond, Charing-cross Bank, please pay Mrs. Bruff or bearer, 10l. on my account; Captain G. Reed")—Mrs. Bruff is a customer of ours—I saw my husband give the prisoner ten sovereigns.

Cross-examined by MR. SLEIGH. Q. Did you know the prisoner before? A. No, but she had the appearance of a servant—I do not know a Mrs. Rishford in that neighbourhood.

JANE BRUFF . I live at No. 11, Leicester-terrace, Craven-hill, Hyde-park, and deal with Mr. Fortesque. I never sent the prisoner to him to get 10l. on a cheque—I did not send this letter or cheque in any way whatever.

HENRY BECKETT . (policeman, A 367). I took the prisoner, on another charge, at No. 1, Orchard-street, Portman-square—she said nothing about this case.

Cross-examined. Q. You took her on a charge of uttering forged cheques, more than one? A. Yes—she said that the notes were given to her by a gentleman whom she had seen two or three times previously, that he came out of the door of No. 1, Orchard-street, and gave her the cheque to get cashed—I had not mentioned the two cases to her then—I did not know that there were two till next morning.

(The prisoner's statement before the Magistrate was here read, as follows: The man who sent me I had known only two months; I received the money, and gave it to him; I thought it was all right; I should not have done it if I had known it to be bad; I have not seen the man since.")

GUILTY .

Reference Number: t18561027-978

978. MARY JONES was again indicted for feloniously uttering a forged warrant for the payment of 10l.; with intent to defraud.

MR. PAYNE. conducted the Prosecution.

THOMAS STEPHENS . I am a butcher, of North Audley-street. A lady in Orchard-street, who goes by the name of Madame Sophie, is a customer of mine—on 2nd Sept., in the evening, the prisoner brought me this note—(Read: "Mrs. Sophie presents her compliments to Mr. Stephens, and will feel obliged if he will cash the inclosed cheque for 10l., and by so doing he will greatly oblige; notes will do; No. 1, Orchard-street, Portroan-square")—(Cheque read: "Messrs. Coutts and Co.; please pay Mr. Stephens, or bearer, 10l. on my account; T. H. Sophie")—I told the prisoner I would send my young man with the money; she said, "You must send it directly, as they are waiting for it"—I put the money in my pocket, and followed her—she went towards Orchard-street, but turned down the first turning, quite in an opposite direction—I followed her some distance, tapped her on the shoulder, and asked her if she did not want the change for Madame Sophie—she said, "Yes, they are waiting for it"—I said, "Will you come with me?"—she said, "Yes"—she came with me to Madame Sophie's, who said that she had not sent her—she then said that she did not want to make any disturbance, and that it was a man outside.

SOPHIA BAILEY . I am the wife of Fortunus Bailey, of Orchard-street, Portman-square, and carry on business under the name of Madame Sophie. I do not know the prisoner—neither this letter nor cheque are in my writing—I did not send the prisoner to Mr. Stephens on 2nd Sept to get any change—this is not my husband's writing, or anybody's that I know.

GUILTY . Aged 24.— Four Years Penal Servitude.

(There was another indictment against the prisoner.)

Reference Number: t18561027-979

979. JOHN RILEY and JOHN HAWKES , stealing 1 mare, chaise, and harness, value 43l.; the property of Charles Benn.

MESSRS. COOPER. and W. J. PAYNE. conducted the Prosecution.

JAMES COBB . (policeman, T 257). On Thursday, 16th Oct., at a quarter past 9 o'clock in the evening, I was at the King's Arms, Hounslow, and saw the prisoners in the tap, drinking and talking together—at about a quarter to 11 o'clock I saw them about three quarters of a mile from Mr. Benn's house, on the road to it from the public house, and Hawkes made a kind of a snort at me.

WILLIAM PARSLOW . I am the prosecutor's servant On 16th Oct I had three horses in the stable, one was a bay mare—there was a set of harness there, and in the coach house there was a chaise—I locked the stable door and placed the key in it's usual place on a ledge—on the following morning at a little before 6 o'clock, I went, and missed the mare, chaise, and harness—I have seen them since—they are the same—about a foot of the mare's tail was then cut off—the staple of the stable had been drawn, and all three gates were open.

CHARLES BENN . I live at a farm on Hounslow-heath. My man told me of the mare being missed—I gave instructions to the police, and afterwards saw her at Reading, with about a foot cut off her tail; she appeared to have been hard driven, her shoulder was wrung, and the hair was off her legs—she is worth 30l., the gig 10l., and the harness 3l.—they are all mine.

JOHN SCARCE . I am a blacksmith, and live at the Greyhound, near Reading. On Friday morning, 17th Oct., about 10 minutes to 8 o'clock, the prisoners came to my yard gate with a horse and gig—Riley asked me if I had room for them to put the horse in—I said that I had no stable room, but there was a large shed, which they could put it in if they chose—they did so, and said that they were not going to stop long—Hawkes drove it into the yard—they afterwards said that they wanted to sell the mare and gig for 17l.—I told them I did not want it, but if I could get a customer I would—they offered me a sovereign for my trouble—I looked at the horse, and thought it was not half the value, but it was sweating all over, and was all over mud, and the chaise also—I gave information to the police, and gave them the horse and chaise and the prisoners.

JOHN TOWNSEND . I am inspector of the Beading police. On 17th Oct I received information, went to the Oxford Arms, Silver-street, Reading, which is about forty miles from Hounslow-heath, and found the prisoners the back yard—I asked them if the horse and chaise at the public house above belonged to them—Hawkes said, "Yes"—I said that I should take them into custody on suspicion of stealing them—Hawkes said, "It does not belong to me, it belongs to the other," pointing to Riley—I asked Hawkes where he brought them from—he said, "From Oxford"—I went to the Hare and Hounds, which is kept by the last witness, and took possession of the horse and gig; the horse appeared to have been driven very hard—the prosecutor came and saw them the next day—the mare's tail had been cut off—this is it (produced), I found it at a public house about three miles from Beading, on the Hounslow-road—I have matched it, and it exactly corresponds.

Riley's Defence. On Thursday morning I came to London, without a halfpenny in my pocket; I met this man, who asked me if I would have half a pint of beer, which he gave me, and asked me to go on the road to Hounslow with him, and he would pay my lodging; we had a good deal of gin and water and beer on the road, and got intoxicated; I left him with some horse dealers, bargaining about a horse, and travelled on; in about a quarter of an hour I met him with a horse and chaise; he told me that he was going to Reading; his master had sent him, and he would give me a job; I jumped in, and he drove towards Reading—I know nothing about the horse or gig.

Hawkes's Defence. I met this man on the road; he said that he had got a horse and gig on the road, and would give me a ride; we had something to drink; he asked me if I would drive; I did so, and we went to Reading;

I was going to Mr. Chinnock's, the horse dealer's when the policeman took me.

(Hawkes received a good characteer.)

RILEY— GUILTY . Aged 23.

HAWKES— GUILTY . Aged 17.

Confined Twelve Months

(The COURT. directed a reward of 2l. to be given to the witness Scarce.)

Reference Number: t18561027-980

980. TIMOTHY CARTER , burglariously breaking and entering the dwelling house of John Pestle, at St. Mary, Islington, and stealing therein 18lbs. weight of pork, 2lbs. weight of sugar, 1 kettle, and other articles, value 1l. 0s. 2d.; his property.

JOHN PESTLE . I keep the Brandon Arms, King's-cross, and live there On Saturday night, 13th Oct., I locked up my how at 12 o'clock, everything was fastened—I was called up about 5 o'clock or half past, went down stairs, and the side door was open, and the bar door broken open—the window was propped up, so that they could get in after unfastening it—I mined part of a loin of pork, some farthings, halfpence, two pounds of candles, a fillet of pork, a copper tea kettle, and part of a box of cheroots—this (produced) is the tea kettle, I soldered it myself.

Prisoner. Q. Was not there a young girl at your place on Saturday night till 11 o'clock? A. No, the was there in the afternoon, but not after 5 or 6 o'clock, to my knowledge.

WILLIAM CARVELL . I am a bricklayer. In consequence of what Mr. Pestle said to me, I went to the prisoner's house on Sunday morning, about 10 minutes to 1 o'clock, the morning after the robbery—I told him that he was accused of a robbery, and provided he would give up the copper tea kettle, there would be no more said about it—he gave me the kettle, and I left him—he brought it from a hone lower down, not from his own house.

Prisoner. I did not give you the kettle at all. Witness You did; you went to another house and got it, and I gave you a blue handkerchief out of my pocket to tie it up in—you brought it to me in the blue handkerchief and said that you had not done it, but you knew those who did—I do not know who lived at the other house.

SARAH CARVELL . I am the sister of the last witness, and lived in the same house as the prisoner—I went there to nurse his young woman, and was taken very bad there, and could not be removed—I first saw this kettle there on Sunday morning, between 8 and 9 o'clock, also some pork, cheese, cigars, and moist sugar, none of which I had seen the previous night—the prisoner was at home when I went home the night before just upon 12 o'clock, and in the morning, when I saw the articles there, he was in bed.

Prisoner. Q. Did not you tell Thomas Dicker that he could get some money, for the landlord and landlady were drunk? A. No—on that morning your young woman gave me warning, and my brother took me away on the Sunday night.

JURY. Q. What time did you leave on Saturday night? A. Just about dusk—I went to my father, who lives at Belle Isle—he was at Mr. Pestle's, and I was waiting with him—I did not go home with him—it was just upon 12 o'clock when I left Mr. Pestle's.

LUKE JAMBS TOMBLIN . I took the prisoner into custody—he said that he was guilty, and when he came out he would put half Belle Isle away, meaning that he would cause half the people to be taken into custody.

(The prisoner's statement before the Magistrate was have read as follows: "I did it for want; it was hunger that drove me to it.")

GUILTY . ** Aged 22.—(See Fourth Court, Friday.)

Reference Number: t18561027-981

981. GEORGE FLETCHER, JOHN LATHWOOD, SAMUEL LATHWOOD , and MINERVA LATHWOOD , stealing 90 yards of alpaca, value 15l.; the goods of James Gladstones.

MR. COOPER. conducted the Prosecution.

JAMES GLADSTONES . I am a stuff warehouseman, at No. 3, Little Love-lane on the ground floor—Fletcher resides in the upper part of the building, with his father and mother—I have not seen him in my warehouse, but he had to pass the door of it when he went in and out—on 4th Oct. I missed three pieces of alpaca, value about 15l.—this (produced) is some of it, it is my property—here is a piece which matches it (produced), it joins on and fits—I had sold it, but had not sent it out—I had sold none like it—three pieces were taken and one left—I had seen them safe two or three days before.

ROBERT PACKMAN . (City policeman, 133). I am a detective. On Monday, 6th Oct., from information I received, I went to Mr. Gladstones', and found that the cloth had been stolen—on the 11th I went again with Bull, sat Fletcher in the passage, and took him into custody—I told him that it was on suspicion of stealing three pieces of alpaca from Mr. Gladstones' ware-house—he made no answer—on the way to the station he asked me if I had got any other person in custody—I told him I had not, but I soon should have a person named Lapford—he said, "Have you heard anything else?"—I said, "I have heard that you had two pieces of alpaca stolen from you out of three, one piece in Liverpool-street, and one piece in Finsbury-circus, and the other piece you gave to Lapford to sell"—he said, "That is true; we had two pieces of the alpaca stolen, and the other I gave to Lathwood, not Lapford, as you say, and have not received a farthing of it as my share—I took him to the station.

JAMES BROOM . (City policeman, 156). I took John Lathwood, in a public house in Little Bell-alley—I told him the charge—he said that he knew nothing of it—going to the station, he said, "I could tell he something more about it, if I liked, and I could tell you something about a gold watch," and during my examination before the Magistrate he said that he wished to state that there were three of them engaged in it.

John Lathwood. The three that did it were Fletcher, myself, and John Goddard.

ROBERT PACKMAN . re-examined. On the same day, the 11th, I went to the lodging of the elder prisoners, and found them at home—I told them that I was a police officer, and that their son John was in custody for being concerned with others in stealing some alpaca, that I had come to search his lodging, and if there was any alpaca, to produce it—Samuel Lathwood said, "I have none"—I looked round the room, and saw this piece of alpaca lying in this piece of paper (produced), on the board where he was at work as a tailor—I said, "How do you account for this?"—he said, "I purchased that of a person named Lee, a piece broker in Fore-street, last Monday, and gave him half a crown a yard for it"—I said, "Was it wrapped in the same piece of paper as it is now?"—the female prisoner said, "No, I went with a female friend to Whitechapel last Monday, and purchased a dress, and that is the paper that the dress came out of—I said, "This looks very similar to the property lost, I will take possession of it, and return it in half an hour"—I took it to Mr. Gladstones'—I afterwards went to Mr. Lee's, in Fore-street, and found Mrs. Lathwood there speaking to Mr. Lee—I called Mr. Lee on one side, and then, with the female prisoner and Bull, went to their lodging, and saw Samuel again—he said, "I made a mistake respecting that piece of alpaca, I did not buy it of Mr. Lee, I bought it of Mr. Howitt, of Snow-hill,

with several other goods, some time ago, and here is the bill of it," giving me this bill (produced) off a file—I said, "I am not at all satisfied," and took them both into custody—while Samuel was dressing himself, I saw that he was very anxious to put something into this bag, in a very bustling way—I asked him what it was—he said, "Nothing"—I turned the bag out, and found this scarf made of alpaca (produced), and another small piece besides—I took them to the station.

Samuel Lathwood. I stated that I did buy goods from Mr. Lee, but not that alpaca. Witness. I am positive he said so in the first instance—Broom was present.

DAVID LEE . I am a piece broker, of No. 87, Fore-street. I know the elder prisoners and their son—I have not sold any of the prisoners alpaca within a month; they were customers of mine—on 11th Oct., about 3 o'clock in the afternoon, the prisoner Minerva came to my shop, and said, "They are coming to ask about some alpaca, say you sold it"—just at that moment Packman came in; I made a communication to him, and he showed me a piece of alpaca—I did not sell the prisoners such a piece as that.

Minerva Lathwood. You speak very falsely; what I said was, that I wished to speak to Mr. Lee, and I said to you, "Never mind, never mind now," and asked you to let me have a yard of braid. Witness. You said what I have repeated—I do not keep alpaca half so good as this.

Samuel Lathwood. I have bought alpaca equally as good in your shop myself.

WILLIAM BARKER . I am assistant to Mr. Grant, a pawnbroker, of No. 70, London-wall. I produce about twenty-five yards of alpaca, pawned on 4th Get, for 12s., by the female prisoner, in the name of Gliding.

JAMES GLADSTONES . re-examined. This is my property, and is one of the three pieces which were stolen; there are thirty yards in a piece—this paper exactly corresponds with the other remaining pieces.

GEORGE JAMES WHITWELL . I am assistant to Henry Howitt, of No. 87, Snow-hill, woollen draper. I have seen Samuel Lathwood there, making purchases—the invoice produced is one of our's, it was in pencil, but has been covered over since with ink; which ink is not the writing of any person in our house—I may have sold the prisoners at alpaca, but not at this date—we never sold them such as this produced, we keep nothing so good.

Samuel Lathwood. Q. Did you serve me with the goods that are in that bill? A. No, nor did I check it, but I can see that this alpaca has been inserted since; had you bought any at that time, it would have been inserted in the bill in pencil.

MR. COOPER. Q. Do you see "Verona" in that bill? A. Yes, that is alpaca with a pattern on it; this "Alpaca" stands above it, in a different writing.

(MR. SLEIGH. here stated that Fletcher would withdraw his plea.)

FLETCHER PLEADED GUILTY , and received a good character. Aged 15.— Confined Six Months.

John Lathwood's Defence. There was John Borritt in the case; he took the articles out of the warehouse, walked out with them under his arm, and went down Petticoat-lane to try and sell them; he was brought to Guild-hall, and the Magistrate discharged him.

Samuel Lathwood's Defence. I have been nearly twenty years in London, and never had a charge brought against me; I never saw this alpaca in my place.

Minerva Lathwood's Defence. I have been in London just upon forty years, and it is the first time I have had a word against me.

JOHN LATHWOOD— GUILTY. Aged 19,— Judgment respited.

SAMUEL LATHWOOD— GUILTY. of receiving. Aged 51.— Confined Twelve Months.

MINERVA LATHWOOD— NOT GUILTY .

Reference Number: t18561027-982

982. JOHN SPRINGHALL , unlawfully obtaining, on 4th Sept, 2 pieces of American leather cloth, value 3l. 9s.; on 6th Sept, 12 other pieces, value 11l. 8s.; and 18 pieces, value 22l., by false pretences.

MR. COOPER. conducted the Prosecution.

EDWARD GOODYEAR BALDWIN . I am warehouseman to Nathan Shats-well Dodge, India rubber stuff manufacturer, of St. Paul's Churchyard The prisoner was in the service of Mr. Southgate, a customer of ours—on 4th Sept., he came, and wanted two pieces of leather cloth for Mr. Southgafe—I delivered them to him, and an invoice was made out to Mr. Southgate; the value of the goods was 3l. 9s.—on 6th Sept, he called for twelve pieces for Mr. Southgate, which I delivered to him, the value of them was 11l. 8s.—on 10th Sept., he called again for six pieces of coloured leather cloth for Mr. Southgate, I delivered them to him, they amounted to 7l. 10s.—on 13th, he called again for six pieces of coloured leather doth, which came to 6l. 16s.; and on 13th, he came for twelve pieces, which came to 15l. which were given to him; and on the same afternoon he came again, and asked for six pieces, which came to 7l. 10s., and which were delivered to him—they amounted, altogether, to 52l. 7s.—we have never seen them since—the prisoner signed a receipt for each of those pieces in these books (produced).

Prisoner. Q. Did you see me sign that book? A. Yes—I did not notice that you signed Springhall, I did not stop you; as long as I saw you ago, that was enough.

JOHN SOUTHGATE . I am a portmanteau maker, of No. 76, Watling-street. The prisoner was any errand boy and porter; he absconded on 6th Aug., having received 20l., and has not returned since—I had transaction with Dodge and Co., of No. 44, St. Paul's Churchyard—I did not authorise the prisoner to obtain these goods, nor did I receive them.

JURY. Q. Do not you generally send orders? A. I always send written orders, but he had left my employ.

Prisoners Defence. I was in Mr. Southgate's employment for seven years; I always used to go for goods, and take an order with me; I did not go without an order, because I should not expect them to be given me without one; the policeman told me that if I would tell them where the goods could be recovered, the prosecutor would not prosecute me; Baldwin has seen me sign the book a great number of times, and therefore it is not likely he would let me depart so many times as he did; he must have confounded these times with the times when I went for Mr. Southgate.

GUILTY . Aged 24.

(The prosecutor stated, that he had received and not paid over, accounts amounting to more than 20l.)— Confined Eighteen Months.

Reference Number: t18561027-983

983. JAMES YOUNG and ALFRED ALLEN , burglariously breaking out of the dwelling house of John Marehfield, having stolen therein, 14 bagatelle balls, 1/2lb. weight of tobacco, and 200 cigars, value 3l. 1s. his property; to which

YOUNG PLEADED GUILTY . ** Aged 34.— Four Years Penal Servitude.

WILLIAM HOUSE . (policeman, D 85). On 21st Sept., at 3 o'clock in the

morning, I was, with two other constables, in the Alpha-road, and saw the prisoners coming, and pretending to quarrel with each other—I believe they saw us—I crossed over, and asked Allen what he had got about him he said, "Nothing"—I took off his cap, and fopund sixty-two cigars in it—Young was stopped by another constable—he said, "You are dead upon us, Mr. House, I may as well tell you all about it, for you will be sure to find it out"—Allen heard that—I said, "What you tell me I am bound to state before the Magistrate"—he then took fourteen bagatelle balls out of his pocket and gave me, and told me that if I went up to St. John's Wood, by the burying ground, I should find a street door to a beer shop—after locking them up I went back, and the constable on the beat had just discovered that the door had been opened—I searched Allen.

Allen. When the constable asked me what I had got, I said, "A few cigars," Witness. You did not, you did not take off your cap, I took it off.

MARK COX . (policeman, D 138). I was with House—I heard Allen asked whether he had anything about him; he said that he had nothing—I saw his cap taken off, and sixty-two cigars found in it.

JOHN MARSHFIELD . I keep the Sailor's Return beer shop, at the corner of Cocklin-terrace. On Sunday morning, 21st Sept., I was aroused at a quarter to 4 o'clock, and found my house door open, which I had fastened at 10 minutes to 2 o'clock in the morning—I missed fourteen bagatelle balls, 200 cigars, and three-quarters of a pound of tobacco—the policeman produced some balls which were like those I lost—this paper in which the tobacco is, is mine—Allen was in my house at 5 minutes to 12 o'clock—I did not see him leave—I had such cigars as these, but cannot swear to them.

Allen. I did go out of the house.

HENRY KIMBER . (policeman, D 68). I was at the station when the prisoners were brought in—Allen said, "We were all d—fools that we had not cracked two of those bottles of stout, and drunk them, as there was no b—money in the place"—Young said, "I would not let you meddle with any of the stout."

ALLEN— GUILTY . *† Aged 18.— Confined Twelve Months.

(The policeman House stated that Young was a ticket of leave man.)

Reference Number: t18561027-984

984. GEORGE SHAW , burglariously breaking and entering the dwelling house of Samuel Drake, it St. James's, Westminster, and stealing therein 45lbs. weight of cigars, value 72l., and 1 opera glass, and other articles, value 18l., his property.—2nd COUNT, feloniously receiving the same.

MR. COOPER. conducted the Prosecution.

SAMUEL DRAKE . I am a tobacconist, of No. 10, New Bond-street. I only keep the shop, it is divided by a screen, behind which I sleep—on 18th Sept., I saw my window fastened in the evening, locked the door, tried it, and walked out; and as I did so, the prisoner passed, and said, "Past 10"—I am sure he in the man—about half past 11 o'clock I returned to my shop, and found the boxes all about the floor, the drawers stripped of my clothes: and property to the amount of 90l. taken, three coats, an opera glass, and snuff box—this is the property (produced)—I can swear to the greater portion of them; this opera glass I have had nine years, and my writing is on this cigar case.

Cross-examined by MR. SLEIGH. Q. Have you not told us something new to-day? A. Yes; about my having seen the prisoner pass my house on the right in question; that is entirely new, I wish to correct my deposition.

MR. COOPER. Q. Which is the new? A. At Marlborough-street, I said

that I had not seen the prisoner, because I could not recollect where had seen him, but afterwards I heard him speak, and recognised his voice and his person immediately.

RICHARD CAREY CHECKLEY . (police inspector, E). I watched the prisoner from 5th to 19th Sept, and at 9 o'clock, on the morning of the 19th, I saw him in Hertford-street, with a man named Riley—he separated from Riley, and went towards Crown-street, Soho; he received a black bag in North-street from a little girl who ran down the street—I followed, and stopped him after he bad got some distance, and asked what he had got in the bag; he made no answer—I looked inside, and said, "It is all a mistake"—I went back immediately, and secreted myself in No. 19, Upper Cleveland-street, a house filled with lodgers; and while watching there saw the prisoner and another man drive up with a horse and cart; they both got out, and went into the house; in about a minute they returned, looked up and down the street, and one of them, I could not tell which, said, "All's right"—each had a bag—I ran over, and seized the prisoner, the other man dropped his bag and escaped—I took the prisoner and the two bags to the station—Shaw's bag contained an opera glass, a snuff box, 26lbs. of cigars, and six packets of tobacco—the other bag contained a coat, waistcoat, and two cigar cases—when I took hold of the prisoner, he sprang back, and endeavoured violently to pull me down some cellars, but I threw him down.

Cross-examined. Q. Do the prisoner and his wife keep a shop? A. A marine store shop, there are bags of bones and rags, and every class of miscellaneous articles—I knew where to find him; I had watched him fourteen days—he did not mention the name of Riley to me—he did not say that the man who ran away was Riley, and that he had been employed by him with a horse and cart—I charged him with the burglary, and he said, "I know nothing about it, I was employed to carry it; do not ask me any questions"—he did not tell me at the station, that a person named Riley engaged him—he did not say, "I was engaged this day by a man for whom I have often done jobs before, and I hired this horse and cart for the purpose of doing this job for him;" he answered in a very surly way.

MR. SLEIGH. called

HENRY GUERIN . I am a cabinet carver, of No. 1, Union-street, Borough. On Friday, 19th Sept., I was at the prisoner's shop, at a little before 9 o'clock in the morning, and while I was there a short man, whom I do not know, came into the shop and told the prisoner that he wanted him to do a job for him, to fetch some goldbeater's skins home to his place, and said, "Here are the things I spoke to you about, you can sell these for your trouble"—the prisoner said, "Very well, Riley"—I have known the prisoner about three years, and have always understood him to be a respectable working man.

Cross-examined by MR. COOPER. Q. What kind of man was it that came in? A. A short man—he seemed to know the prisoner well, and the prisoner him—I did not notice whether he nodded to him—in the afternoon I called there again, saw the prisoner's wife, and she told me the circumstance of his being taken—I appeared before the Magistrate, but they called for no witnesses; I was there to give evidence for him—I believe there was an attorney for the prisoner—the prisoner was charged with robbing a gold-beater, and stealing goldbeater's skins—I know the prisoner to be a gold-beater—I cannot tell you how often I have seen him; he lives at No. 6, Fitzroy-market—I was never there before that morning, but I worked with his brother, and know him by his coming to see him—I went there to ask

him to move some wood—it was a quarter to 9 o'clock—I had employed him before; he wanted a horse and cart to move it, and I understand he borrowed one—I did not hire a horse and cart myself, because I was going to business, and had not time—the business was about some work, up in Kings-cross, with a person named Young—I am quite sure I went to him that morning.

COURT. Q. How came you before to employ him to move wood? A. Because I knew his brother, who told me that he would do it for me.

OBADIAH GAY . I am a painter, near Oxford-street. On 18th Sept the prisoner was in my company, from about half past 7 till half past 12 o'clock at night—I did not lose sight of him for five minutes; we were at the two-penny exhibition in the New-road, from 8 to 10 o'clock, where there is singing; we then wont to a public house opposite, and stayed there nearly two hours—he was rather the worse for liquor, and I got him back again.

Cross-examined. Q. How long have you known the prisoner? A. About three years—he lived as lodger in my father's house, and left about four months ago—since that I have seen him where he used to live, in Fitzroy-market, and I have been up to his wife's—I have not kept his company so much since he left my father's—I am sure it was Sept., and I know that it was the 18th, because his wife came round next morning, and told me that he was taken—she did not mention what for—I did not hear what it was for, because she was off directly she told me—my attention was called to this on the 19th, about 1 or 2 o'clock in the afternoon—that was all I knew of it, her saying, "My husband is taken"—I was not curious to know where my friend was—I went and told my father of it, but what it was for I did not know—I did not expect my friend to be taken—I said, "Father, will not you go down to Mr. Shaw, and find bail for him?"—I first heard that he was charged with committing this burglary, when Mrs. Shaw came round and told me, between 1 and 2 o'clock in the afternoon—I knew what the charge was when I and my father went down to Marlborough-street—I did not hear the charge against the prisoner, we were too late, and he was remanded—we saw nobody that we knew when we were at the twopenny exhibition, but I know Mr. Lamb who keeps the exhibition, and I saw him that night; I do not know whether he saw me—I was with the prisoner when I saw him—we afterwards went to a public house—I do not know the landlord—the barman served us; he is not here, nor is Mr. Lamb.

MR. SLEIGH. Q. Has he always borne the character of an honest, industrious man? A. Yes—I went to Marlborough-street to give evidence, but the case was over—I was not in Court; I was down stairs ready to give evidence if I was called upon.

COURT. Q. Had you known him at his marine store shop? A. No—I do not know of his keeping a marine store shop, it is a wardrobe shop—I never saw him buy any bones—I have been at his shop several times, but have seen nothing but clothes.

RICHARD CAREY CHECKLEY . re-examined. I took other things away to the station—he left his house at a few minutes after 9 o'clock on the 19th.

COURT. Q. Had you seen him before that? A. I saw him open his "shop on the 19th—when I saw him in Hertford-street with Biley, it was 9 o'clock—he separated from Riley, and I followed him; he received the bag in North-street, and I followed him to Crown-street—it would take a quarter of an hour to walk from Hertford-street to Crown-street; he walked very fast—he merely opened his shop, and then walked into a beer shop,

and remained there till he and Riley came out; that was about 9 o'clock—his house is in Hertford-street—I was watching the house; the witness Guerin never entered it—I had a sergeant with me, who is present.

(Maria Gay gave the prisoner a good character.)

MR. COOPER. called

JOHN CHOWN . (police sergeant, E 5). I was watching this house in Hertford-street with the inspector, from half past 6 up to a little after 12 o'clock—the witness Guerin never went in during that time, if he had I must have seen him, as I was within seven yards of the door.

Cross-examined by MR. SLEIGH. Q. Did any person go in? A. Yes, other persons went in; two or three females and one male, whose name is Stephens—no other man went in till after 12 o'clock; I left at 10 minutes past 12—I was in the public house opposite—sergeant Upall, who is not present, was with me part of the time, and inspector Checkley was with me till 9 o'clock, and then I was alone—I know Stephens, he is an associate of thieves and of the most desperate burglars; he went into the shop before 12 o'clock—only that man went in, and he was taken into custody in the house by sergeant Upall—after that I was alone.

GUILTY. on the '2nd Count. Aged 34.— Four Years Penal Servitude.

(The COURT. directed the witness Guerin to be committed to Newgate.)

Reference Number: t18561027-985

985. WILLIAM DUNN , stealing 200 engraved copper plates, value 40l.; the goods of John Lindner, his master: to which he

PLEADED GUILTY . Aged 50.— Confined Twelve Months.

Reference Number: t18561027-986

986. JOHN SMITH , feloniously forging and uttering an order for 28l.; also, an order for 377l., with intent to defraud; also, unlawfully attempting to obtain by false pretences, on 27th Aug., 1 ring, value 4l.; also, attempting to obtain, on the same day, 3 gowns by false pretences: to all of which he

PLEADED GUILTY. Aged 40.—Recommended to mercy, by the Prosecutor, believing him, to be of weak intellect.— Fowr Years Penal Servitude.

Reference Number: t18561027-987

987. HENRY BARCLAY , stealing 2 umbrellas, value 12s.; the goods of Meyer Meyer, his master: to which he

PLEADED GUILTY . Aged 18.—(See page 953).

Reference Number: t18561027-988

988. HENRY YORK , stealing 5 metal weights, value 2s.; the goods of John Harriss: to which he

PLEADED GUILTY . Aged 17.—The prisoner has been convicted summarily two or three times, and has twice absconded from a Reformatory Institution

— Confined Twelve Months.

OLD COURT.—Thursday, October 30th, 1856.

PRESENT—Lord Chief Baron POLLOCK.; Mr. Ald. COPELAND.; Mr. Ald FINNIS.; and Mr. Ald, HALE.

Before Lord Chief Baron Pollock and the Fourth Jury.

Reference Number: t18561027-989

989. GEORGE FOSSEY and WILLIAM NEARY (seepage 903) were indicted for unlawfully obtaining a bill of exchange for 865l. 15s., of John Walker, by falsely pretending that certain goods had been delivered to him—Other COUNTS, for conspiracy, and varying the manner of stating the charge.

MR. SERJEANT BALLANTINE, with MESSRS. BODKIN. and POLAND, conducted the Prosecution.

THOMAS JAMES STEEL . I was twenty-one years of age last birthday; I am now in business on my own account, as a timber mercant. My father was in partnership with the defendant Fossey—they failed in Dec., 1855—they were bankrupts in Jan. of the present year—the partnership had lasted twelve months—before that, I had been clerk to Fessey, when he was in business alone, from 1852 down to the time of his partnership with my father—in the years 1858 and 1854 Mr. Walker was a customer of Fossey's—during those years large quantities of timber were supplied from Fossey's premises to the premises of Mr. Walker, I should think, at least, to the amount of 15,000l. or 20,00l.—Mr. Walker's factory was at Millwall, and his counting-house in Arthur-street West, near London-bridge—I was acting in the management of Fossey's business in Sept., 1853—when timber was sent from Fossey's to Walker's, delivery orders were sent with it—they were in the form of these notes (looking at some)—this is one of them, "Ferry-road, Millwall, Poplar, Sept 21, 1853. Deliver to John Walker" certain deals. "For George Fossey, Thomas J. Steel"—this is in my handwriting—this account (produced) is my writing—I Wrote it by Mr. Fossey's direction—it purports to be an account of goods delivered from Mr. Fossey to Mr. Walker, in the month of Sept., 1853—the total amount of it is 884l. 17s.—after that account was made out, Mr. Fossey desired me to go to settle the account with Mr. Walker; that is to go and ascertain that the items were correct, and then get paid—I told Fossey that I should not like to go, or I would not go; I said there were certain discrepancies in the account, and I should not like to go; I would sooner have him go himself—I do dot think anything was said at the time about what those discrepancies were; Mr. Fossey knew that there were certain over-charges in the account—he said he would go himself if I would not—I do I not remember making any observation at the time as regards the items; I think nothing more passed about the particulars—Mr. Fossey and I had frequently talked over the overcharges to Mr. Walker—he told me that to anticipated that Mr. Walker would stop payment, and he thought it right or advisable to charge extra, to make up for any deficiency hereafter; something to that purpose—he took the account from me, and I understood he would go himself—soon after this conversation he showed me this bill of exchange (produced), and said, "I have got this bill of Mr. Walker"—this is Mr. Walker's acceptance; it is for 865l. 15s., dated Oct. 13, 1853, payable it four months—I think Fossey showed me this bill the same evening that we had the conversation abotrt taking the account to Mr. Walker—I expressed my surprise that he had got the bill for that amount—the first item in this account is, Sept. 1, 8,570 feet of yellow boards—they were not sent on 1st Sept—I had been a party to the settling of the Aug. account—this is it (produced)—the last item in this account is 3,570 feet of boards, 22l. 6s. 3d.—there is a deduction of 38l. 3s. 9d. in the Aug. account, for discount, at 5 per cent.—I had settled that account, allowing that discount—when I returned home, I told Fossey I had settled the account—he said it was an unusually large discount to allow—Neary was not present on that occasion, he was afterwards; either the same day, or a few days afterwards, at Fossey's house—Fossey said to him that it was a large discount, and how could it be made up—(this was in the beginning of Sept.—we generally settled Mr. Walker's account on the 13th or 14th of the following month, as we sent in the account in the previous month)—Neary

proposed to charge extra for timber, to make up for the discount which was allowed to Mr. Walker on the previous month's account—it was agreed that that should be done—Fossey said, "Be it so"—there was a note made for the 87 three-quarter boards on the following month; it was agreed that 87 yellow boards should be charged again in the Sept account; those boards that were not sent—on 1st Sept. 87 three-quarter white boards were sent—there were no boards sent corresponding with the entry in the Aug. account—I find in the Sept. account 40 inch and a quarter yellow boards, 660 feet, on 20th—I do not find any delivery note corresponding with that item—I know that there was a lot of inch and a quarter boards charged in Sept. which were not delivered—there are two parcels of 180 boards charged here—one of the parcels of 180 was not delivered; I do not remember which of them—on 21st Sept here is 22 feet of yellow battens 1100, 11l. 9s. 2d.—on 26th there is 30 boards, 5l. 6s. 3d.—I believe those boards were not delivered—I cannot swear that they were not, but I believe not, I think not—on 28th Sept here is a charge of 100 boards at 21l. 17s. 6d.—they were not sent—I find here a delivery note for those 100 boards on 28th Sept., I remember writing it in Fossey's counting house—Fossey and Neary were there at the time it was written—I think Fossey was then; he was either in the counting house, or in his own house—Neary came down in the course of the evening to see Fossey about it—there was a delivery note for a certain quantity of timber, which had not got this 100 fourteen feet deals—that note was destroyed at that time—Neary brought it, I saw it contained sundry pieces of ash, and other things, which had been sent—it was proposed that that note should be destroyed—I do not remember who spoke first—Neary said to me, "I have brought down this note for these goods, for you to insert the items," or something to that effect—it was proposed that there should be 100 fourteen foot deals charged in another delivery note—that was proposed by Fossey, by Fossey and Neary together—they were together—I do not remember which it was that spoke; it was proposed that there should be a fresh delivery note made out, the old one destroyed, and 100 fourteen foot deals inserted in the fresh note—this note was then written by me, by Fossey's desire—it contained the 100 fourteen foot deals that were not delivered—the paper was to be made to appear an old note—I do not remember who suggested that—it was made a dirty note, some dirt was put on it to make it appear an old note; I am sorry to say that was done by myself—all that I have stated occurred in the evening when Fossey and Neary were present—the note was then handed to Neary, and he took it away with him—the boards sent from Fossey's to Mr. Walker varied in width—the extreme width was eleven inches—the extreme width of flooring boards was nine inches; there were some narrower than that, none wider; that is, all that I saw delivered—I saw most of them—the delivery note of Sept 6, 1853, is for 3164 feet—that represents running feet—I cannot say that I was present when those boards were sent out, I might have been—I lived with Fossey, and boarded with him—I have often seen Neary there, always of an evening—I do not know where he lived at that time, I believe somewhere at Peckham, or the Old Kent-road way—he used to go with Fossey to the public houses about, occasionally, the City Arms for one place; I have seen them there together.

Cross-examined by MR. SERJEANT SHEE. (for Fossey). Q. Fossey is your uncle, is he not? A. Yes—my father was formerly a lighterman—he had not been in this business at all before, he was merely anxious to establish me in the business with Mr. Fossey—my father entered into the partnership

in Dec., 1854, or Jan., 1855, and brought in about 1,000l., with an agreement that when I came of age, I should take his place as partner with Mr. Fossey.

COURT. Q. Did you tell your father what had occurred; I suppose not? A. I had occasionally just hinted it to my father—I used to go over to my father's house on a Sunday—he advanced his thousand pounds into the concern after that, but he was not aware of the extent of it—I had mentioned it to him, I will admit.

MR. SERJEANT SHEE. Q. Did you mention to your father the frauds to which you have now sworn in Sept., 1853? A. I will explain: I was in the habit of going to my father's house of a Sunday to dine, and I used to talk over business, and I used to tell him that perhaps so and so was the case.

Q. Did you tell your father that you had, during the whole of the month of Sept., 1853, day after day, been entering in Fossey's books accounts which you knew to be false, for the purpose of cheating Mr. Walker? A. I cannot recollect—I kept the books at Fossey's—I believe the false entries, to which I have spoken to-day, are in my writing—this is the journal (produced)—this is not the book in which the delivery notes are copied, it is the book from which the account is made—the delivery notes would be copied from the day book—I believe there is a day book—I have not got it here—I do not know anything about it—this book is in my writing—I do not know that the whole of it is, these entries of Mr. Walker's are—this was copied from the day book—a portion of the day book was in my writing, and a portion, I should think, in Mr. Fossey's—I say that I have occasionally spoken of this to my father, but he was not aware that it was to such a large extent at the time he put—the 1,000l. in—he objected to it, but I strongly recommended him to establish me in the business with Mr. Fossey—my father did not know of the frauds—I have occasionally told him that Mr. Fossey was in the habit of charging extra or charging over.

Q. Did you tell your father that in the single month of Sept you assisted Fossey to rob Walker of 300l.? A. No—I do not know that I did; I do not remember—I do not remember that I told him that Fossey had charged Walker 300l. extra—I do not remember telling him anything about it—I do not know that I did not, and I do not know that I did—my father and I have talked over the matter of his investing his 1,000l., and my becoming a partner; but you must consider my age was only seventeen then—I told my father that I thought Fossey was a very good man for me to go into partnership with—I told him it was a good opening; my father did not think so, he always objected to it—I led him to believe it was a good business, and I thought I should do well—he strongly objected to it—I knew at that time that Fossey was in the habit of doing this kind of thing, but I did not put the construction on it that he was a swindler and a thief—I knew it was wrong, and I feel now too grieved—I told my father of it; I told him Mr. Fossey was in the habit of charging extra goods to Mr. Walker—I do not know that I told him that Fossey made me enter false items in the account—my father has remonstrated with Mr. Fossey for sticking it on—he did so before he went into partnership with him—I was present, and heard him.

COURT. Q. By "sticking it on," do you mean making these charges for goods that were never delivered? A. Yes, that is what I call "sticking it on."

MR. SERJEANT SHEE. Q. How soon after Sept, when you had stuck it

on to the amount of 300l., did your father remonstrate with Fossey in your presence? A. I cannot say, because this went on for Sept, Oct., and Nov.; for three or four months, I think—it might have been four months—it was a systematic sticking on—I cannot remember how soon after Sept. it was that I told my fafchef, and he remonstrated with Fossey; it might have been in Oct., I cannot say—it was at the time thin was going on with Mr. Walker—it might have been in Sept. or Dec., I cannot say; it is three years ago—it was done just the came—it does not appear to have occurred to any of toy family to go and tell Mr. Walker of the sticking on—my father never interfered in the business at all—it was never proposed to my father to invest this 1,000l. till two years after this took place—he did do so—my father had forgotten the circumstance; at least, he might have done so—I cannot say that he had; he might have forgotten the subject; I never thought so mnch about it—I never said to my father, "Do you think it is right for you to go into partnership with that rogue, and let me succeed to the partnership?"—I never called Mr. Fossey a rogue to my father, or said anything to that effect—my father was aware, I keep on saying that my father knew that Mr. Fossey was in the habit of sticking it on, or charging extra, or something of the kind, but he did not consider it anything fraudulent—I made the acquaintance of Neary in the year 1853; he was in the habit of coming to Mr. Fossey's house, and I met him there, I being boarding in Mr. Fossey's house at that time—I cannot say how earty in 1853 I made his acquaintance, it was at the time when Mr. Fossey was supplying Mr. Walker with timber—I do not think I knew him previously to the summer of 1853—I cannot say what time it was, it knight hare been earlier than the summer of 1853—I do not think it was—I cannot my whether I had been much in bis company previous to Sept, 1853; I do not know—the first time of our forming an acquaintance With each other was at the time he was clerk to Mr. Walker—I never visited it his home—he had not visited at my father's house previous to Sept, 1853, that I am aware of—I cannot remember whether I had met him at taverns or anywhere previous to Sept, 1853—I had no intimacy with him previous to his coming to Mr. Walker as clerk; that might have been in the year 1809—I do not know that anything occurred previous to Sept, 1853, to induce him to think he could entrust the proposal of a gross fraud to me—I have spoken of plain, deliberate proposals of gross fraud made by Neary to Fossey—nothing that I am aware of had occurred to induce Neary to think he was safe in proposing it.

Q. So that he came in boldly, in the presence of a witness to propofc to Fossey that Fossey should rob Walker, and you help him to do it? A. No, Neary was in the habit of coming in, evening after evening, to Mr. Fossey's—the thing was eventually proposed in my presence—I did not start when he first miesrested it, and say I would have nothing to do with it—when Fossey became bankrupt, the business at his yard stopped altogether—I set up business in the same parish, not next door to him; I should think 100 yards off in the same line of business—I began in Feb., I think—I did not apply to Mr. Walker to deal with me—he has dealt with me within the last two or three months, to the amount of 3l.—I do not remember that I had applied to him to deal with me; I had not offered to supply him with timber—I sent some circulars out in Feb., I do not know whether I sent him one—I cannot remember—I may have done so; I do not know that I did; I should not think I did; I do not think it is possible I did I will not swear it—I cannot say that I did or did not, but I do not think

I did—I know that Fossey's assignees were sueiag Walker for a debt of 6,000l. or 7,000l., for goods delivered—I do not know that those goods had been delivered—I have represented to Messrs. Linklater, the solicitors, to the assignees, that there was a good debt against Mr. Walker, due to Fossey, of from 6,000l. to 7,000l.; that is true; it is true that the assignees have a claim against Mr. Walker for 6,000l. or 7,000l., a debt—I knew that they were sueing him for it—the matter was referred to arbitration daring the time my father and Fosaey were in, partnership, and I understood that the same arbitration was to go on with the assignees; at least, they agreed to have it referred to the same arbitrator, Mr. Prentis—I knew it the time of the bankruptcy that the assignees were proceeding against Mr. Walker for the debt due to Foseey and Steel, because I was in the habit of going to Messrs. Linklater's office—I first toid Mr. Walker about these frauds either on the 12th or 13th Aug., in the year—I had been in business for myself since Feb.—Neary used to come to Fossey's of as evening—those evening visits commenced in 1853, I cannot say in what month—I do not remember—I cannot remember whether they took place in Sept.—I saw him there a number, of times—I cannot swear to the number of times, I should say quite fifty times; it was alter btrioett hours, when, the office was shut, and the yard gates shut there were, two galles; the foreman had charge of the key of the large gate, and I had the key of the smaller gate—Neary used not to come through either gate, only as the time when he came from Fossey's house into the counting house—if he happened to go there, he used to go through the smaller gate—I used always to let him hire in if he went with me—there were other servants about at that time—there was Bacon, he is here, and there, was a boy named Bill—I have not seen him here—I do pot know of any one else—they used to stay till 5 or 6 o'clock, it depended on circumstances—if we were busy, they would stay longer, if it was daylight—in the summer time we have not doted the yard till 8 or 9 o'clock sometime?—Fossey's house was some way from the counting house—these interviews took place at his private, house—he had two servants at his house—the 3570 yellow boards is, I believe, charged twice; the last item in the Aug. account, and the first in the Sept. account—the 1 Aug. account was settled, I think, about 14th Sept.—the goodb sent out were entered at the time in the day book—they were noil entered in the ledger for six or nine months afterwards—they were then entered from the day book, I think—I do not know where the day book is—there were three books, the ledger, the day book, and the delivery note book.

JOSEPH HART . I am from the office of the official assignee. I have had a subpœna duces tecum—I have here all the bankrapts' books, that have come into our possession—the day book of 1853 has never been in our possession—we have only one delivery note book, that commences in May, 1855, and ends in 1856—we have not received from Mr. Fossey either of the books applicable to 1853—I, have all the cheques referring to the separate transactions of Fossey, but we never had any of Fossey and Steel's—(MR. SERJEANT BALLANTLNE. stated that notice had also been gium to the defendants to product the books.)

Cross-examined by MR. SERJEANT SHEE. Q. I presume you know that all the books that were at the office when the messenger went there are now in the possession of the assignees? A. No, I do not know that of my own knowledge, nor do I know of my own knowledge, whether the witness Steel was there at the time of the bankruptcy.

THOMAS JAMES STEEL . (continued). I was not in charge of any books;

they were kept in an iron safe in the counting house, to which I had access and Mr. Fossey—the key was there, my father could, I suppose, come in and see them if he chose—the entries in the ledger were copied from this book—I call this a journal; this book was copied from the day book; I am quite sure of that—the items of Sept. 5th, 7th, 9th, and 10th, in this account, are not correct entries of goods actually sent out—the item of 5th Sept is 200 planed boards, measuring 3,154 feet; they are charged here as 3,154 square feet—there were 200 white planed boards sent out on that day, and on the 7th 150 planed white boards were sent out, and on 9th and 10th articles were sent out corresponding to what is in the account, excepting one of these eighty inch and a quarter boards.

Q. You say they were incorrectly measured; but, without reference to the measurement, these articles were sent out? A. To the best of my knowledge; at least, I cannot say they were sent out, I presume they were—it was my duty to enter them in the delivery note book; that is a book with a counterfoil, from which you tear out a note, on which is entered the timber sent out—I should copy from the delivery note book into the day book, then into the journal; it was then posted into the ledger—I did not do it regularly—I do not think I posted the journal into the ledger for sisx months—I did not regularly post the day book into the journal—I posted them before I sent in the accounts—the accounts between Fossey and Walker went in every month; then they were posted up into the journal—I should not post them in the day book shortly after the goods were sent out—we were in the habit of doing it in this way: taking the delivery note book, and perhaps taking one man's account only, Mr. Walker's, and entering that in the day book; posting up Mr. Walker's account, but leaving other accounts not posted up—I am not aware that it sometimes happened that goods were sent out to Mr. Walker without any delivery note—I will swear it never happened, not to my knowledge—at the time I was with Fossey, there was only one person employed to measure the timber; that wan Wilson—Bacon's duty was to see that the timber was correctly taken on the cart, and he used to come into the counting house and tell either Mr. Fossey, or I, or the other clerk, who was present, to make out the notes—I was never present at calculations made by Walker, or anybody in his employment with Fossey, as to the quantity of timber that would be required for the particular orders that he had, except in this late contract, in which therein dispute with the assignees; I do not remember it previous to that—I now that these boards are used for the flooring of houses—it is requisite to ascertain how many square feet is required for the flooring of a house before an order is given for the timber, but it was not the case in Mr. Walker's establishment at that time—I should think if he had one house he had almost 300 being erected—they are houses for exportation to Australia and other places—I should imagine that he would enter into contracts for the supply of a certain number of the same size, but I was not in his service.

Q. Do not you know enough of the business to know, that in order to ascertain how much timber he would want, it would be necessary to take the square feet of every floor in the house? A. No, it was not done in that way—Mr. Jackson, who is the clerk to Mr. Walker, was in the habit of coming up, and saying, "Well, Mr. Fossey, how much flooring have you by you?"—"Oh, 40 or 50 square"—"Well, send it down;" and as fast as it was used up he would send for more—in order to ascertain that we had got 40 or 50 square feet, it would be necessary to multiply the length by the breadth, and then divide by twelve—that was not done by person in

Fossey's employment—the running feet were charged as twelve in some instances—the linear feet was reduced into square feet by that process, to other customers, you must understand—I should think it was easy to ascertain the squares that would be wanted for any particular home.

Cross-examined by MR. SERJEANT PARRY. (for Neary). Q. Is your father here? A. I believe so—I do not know the exact date of Fossey and Steel's bankruptcy—it was in Jan., 1856, I think—I did not assist the assignees in making up these accounts, not at ail—I swear that—I called there to explain one or two customers' accounts on one occasion, but I never did anything in the books—I never inserted anything in the books, or assisted—I never wrote out any accounts, or made out any accounts, or assisted the assignees in any way—stop, I will just consider over that; you allude to after the bankruptcy?

(Q. I allude to after the bankruptcy; to your going to the official assignee for the purpose of assisting or making up the accounts? A. No; I did not—I say I think I called there once or twice, or three times, to explain two or three persons' accounts, nothing more; Mr. Fossey had the making I up of the accounts—I communicated to Mr. Linklater respecting Mr. Walker's accounts, before I had communicated with Mr. Walker; after the bankruptcy, before my father got his certificate, not as to the frauds that I I have spoken of to-day, but the Government contract account—I did not communicate to Mr. Linklater the series of frauds to which I was a party, and which I have told to-day, not at any time—there was no cheque book taken from my house belonging to Mr. Fossey, nothing of the kind; no cheque book was taken from my possession anywhere—the cheque book came into the possession of my father—it was not taken from my father by the assignees after the bankruptcy—I will swear that—it is not in his possession still—I can explain it—I have not got it, from what I understand, Mr. Fossey has it; no cheque book was taken out of my possession by Mr. Fossey after the bankruptcy; nothing of the kind—I never had a cheque book in my possession, that I swear, excepting, as I said, from my father's house—that occurred two months ago, after I had given the communication to Mr. Walker—I showed the cheque book to Mr. Walker—I had not kept that cheque book, my father had it in his house—he had had it from the time of the bankruptcy—I believe it belonged to him—I will explain how it came into my father's possession; it was no cheque book in the first place, only a cheque folio, there are no cheques in the book—it is merely the folio part of the cheque book, the butt end—it was taken out of my father's possession by a man who came upon pretence that be came from me—I know the man, he is not here—I have seen Mr. Walker since I explained this matter to him—I have not been about with him—I have not dined with him—I have occasionally met him at a house where I dine, in the city—he has not paid for my dinner—I will swear that; I never remember his doing so—I have dined in his company—he has sat at the same table with me, in my company—he never treated me with a bottle of wine; sometimes a fortnight has elapsed, and I have not dined at all with him, and at another time I have dined twice in a week with him—I think I dined with him one day last week, at Baker's chop house—I did not dine with him as one of the same party; when I have gone in I have happened to meet him at the house—he sat at the same table and dined along with me—that was after I had told him of these frauds—I am not aware that Fossey complained of my embezzling any money of his—he never complained in my presence of a fraudulent entry of 300l. in his books—I can explain that entry—he did

not complain of it—I am not aware that he complained about my making some fraudulent entry about 300l.—I will swear that—he did not comply that I had made a fraudulent entry in his books—he did not complain of it before the Commissioners of Bankruptcy, in my presence—I never heard of the complaint—there was a complaint of a fraudulent entry; it was entered in the name of John Steel, instead of my own name; there is a John Steel—it is not my entry, I swear that—it is the accountant's entry—I know a person named Freeman, I had given him a bill for 70l.; it was never preseated to my knowledge—it became due and I paid it—Mr. Walker did not assist me in it; not to the amount of one halfpenny, he never assisted me in any way; he asked me to go to the assignee's to see the books, and I went with him.

MR. SERJEANT BALLANTINE. Q. You have been asked about this cheque book; it was only a book containing counterfoils, I believe? A. That was all—that had been to my knowledge in my father's possession—it was some thing in that book that I pointed out to Mr. Walker—I never sent to get it out of my father's possession; I showed it to Mr. Walker in the first instance, it went back to my father afterwards—I do not of my own knowledge know where it is now—I have an impression where it is—a day book and a delivery note book were kept at Fossey's—I left Fossey's employment at the time of the bankruptcy—when I left I left those books in his possession—some of those books were in my writing, and some in Fossey'g—I have never seen them since—the proceedings going on at the suit of the assignees are not in the least connected with any of these transactions—the action is upon transactions that took place after Mr. Walker had compounded with his creditors.

JOHN WALKER . I am a corrugated iron merchant, and a contractor, of Mill wall and Arthur-street West. I was so during 1853 and 1854—during that period Neary was a clerk in my employment—during that year I had extensive dealings with Fossey; I should say I had paid him 5,000l. or 6,000l. during that year—towards the close of 1854 I was obliged to call my creditors together, and compound with them at 15s. in the pound, up to that time I had paid Fossey many thousands; I cannot recollect the amount—it was Neary's duty to keep the bought book and the ledger at the office—I was wholly engaged during the day in the contracts that I was making for different persons—in Sept., 1853, I had a large contract to send out wooden houses to Australia, for which I was dealing with Fossey—the wood was usually ordered verbally from my factory by my managing man, Mr. Jackson—it was not known at the time the order was given what quantity would be wanted—it was ordered upon an expectation of what would be required for the different works—upon its being sent, it was cusomary that a delivery order should be sent with it.

MR. SERJEANT SHEE. Q. You do not know that of your own knowledge, do you? A. Yes—I was not always there when it was brought—I have been there when delivery notes were there, and it was according to my order that they always should be.

MR. SERJEANT BALLANTINE. Q. When the delivery note was brought, what was the duty of the servants who were at your yard? A. To copy that delivery note into my receiving books, and then send them both up to the office in Arthur-street, where Neary was—copies of those books ought then to be made into the bought book in the office—the delivery note ought to be with them—the ledger was the book from which I gained the information as to the amount I had to pay from time to time—the books

relating to the Sept account are here—an application was made to me for an account beginning on 1st Sept.—I cannot tell the exact day upon which that application was made—it was after the end of Sept—this is the account—I think Fossey made the application—I did not go through the account—my chief cashier, Mr. Stap, had examined the ledger; I had not—I think he was present when the account was brought—I paid the amount by a bill of exchange, short of some discount—it was duly honoured at maturity—this (produced) is the receiving book kept at my factory—I have examined the receiving books kept during Sept., 1853—they were kept at my factory, by a young man named Holt, and Strand—I very seldom saw the receiving book; it is a book that was merely kept at the factory—with regard to the amounts furnished I know nothing myself—these delivery notes were furnished with the account—they contain a certain number of feet of timber; they represent linear feet—I have looked through the whole of these delivery orders—I have had my attention called to the items in which the linear feet are represented by the delivery note—they are entered in the book kept by Neary as feet superficial.

Cross-examined by MR. SERJEANT SHEE. Q. I believe you did not attend much personally to the business at either office? A. I did not—I was engaged more in contracts, out of doors and in the office—there was a general contract for the wooden houses for months previous to Sept—a bargain was made as to the price at which it was to be supplied—I had a large number of houses to construct for that month—I did not necessarily know what quantity would be required to build them—some calculation was originally made—I made some calculation as to the number of square feet that would be required for the flooring—when twentyfive or 100 houses were built, I do not think I should have the means of knowing how much timber had been used to build them, and how much was waste—I was in the City—if I had gone there I could have seen what was cut up into such small pieces as to be useless; I might certainly have the means of knowing how much had been consumed, and how much remained, but it would be very troublesome to arrive at it—I did not take stock; it would be quite impossible to do so in such a business—the entries in the receiving book are of linear feet—the word "linear" is not entered, only "feet"—it is entered square in the bought book; there is a mark put before the figures—the form of one entry imports linear feet, and the form of the other imports square feet—the simple entry of "feet" in the delivery note means running feet—the entry in the bought book indicates square feet—I think anybody in the trade would know that it indicated square feet—I think Jackson would know it—I have not asked him; in fact, I think anybody would know it.

Cross-examined by MR. SERJEANT PARRY. Q. This young man, Steel, I think, has been pretty much in your company since he has made this disclosure? A. No, he has not; he has been very seldom in my company—he has dined in the same room, at an eating house in the City, at the same table, several times—sometimes he has dined as being of the same party; he has used the house for years, and I have often dined with him previous to these transactions, and since—I have known him four years—I have often dined with him before Aug., when he brought these frauds to my notice—I think I have paid for his dinner, not often—I do not think he has ever treated me—I have no recollection of ever having paid for a dinner for him in my life, nor fpr a glass of wine; I will not be sure of that, but really I do not know—I have been to his father's house once with my solicitors, not without them—Fossey and Steel supplied me with timber to the amount of many

thousands—they mostly supplied me for the houses for the Crimea—I do not know whether there is an order book at Millwall—I think only two persons made entries in the receiving books, Holt and Strand—I do not know whether O'Hara made entries—I have not seen his writing—there might be several loads of deals delivered at my place in a day from Fosters—I do not know whether it was sometimes wanted in great haste—I was not there—I have never made any advance of money to young Steel—I never assisted him with money under any circumstances—I dealt with him for timber to a very trifling amount, just before this disclosure.

MR. SERJEANT BALLANTINTE. Q. About this bought book, you say anybody could see that the entries represented square feet? A. I think so—Jackson had no access to the bought book; it was kept entirely by Neary—in the receiving book the entries are of linear feet; there is nothing but the word "feet"—that indicates linear feet, as in the orders, but in the bought book they are entered square.

FREDERICK JACKSON . I live at No. 16, Stainsbury-terrace, Poplar. In the years 1852 and 1853 I was the general manager of Mr. Walker's factory at Millwall—the receiving book was kept there, under my control—it was my duty to see that the proper entries were made in the receiving book by the persons who were there—during Sept, 1853, I was in the habit of receiving timber from Mr. Fossey's—these produced are delivery notes, such as were sent with the goods—I have looked through them—they were linear measurement, according to these—I cannot say whether I was present when any of the lots came in to which these delivery notes apply—I saw the flooring boards that came in Sept—none of them were wider than nine inches—I never saw any delivered wider than that—it would be the duty of the receiving clerk, Holt, to enter them in the receiving book—I have been present very often when the timbers have come—sometimes I went in the morning to order the goods—when they came in they were checked by the receiving clerk at the gate—the measurement of the boards was taken, the length and breadth, and the number—the receiving note was seen at the time—next morning the receiving book and the delivery note were sent up to Neary—I never saw the bought book or the ledger—I might have seen them when I went to Mr. Neary's, but I had no control over them—I have had my attention called to the entries in the bought book applicable to some of the timbers that were sent in Sept.—in book A, fol. 137, I find, under the date of 5th Sept., "200 one-inch flooring white boards, 3, 164 feet"—I should suppose they were linear feet by this—this is the bought book—I take it to be linear measurement—it is priced out as square; the price is 18s.—there is no other entry of this 200—on 7th Sept. I find an entry of "120 one-inch planed boards, 1812;" it is put down here as "linear," but it is carried out in the money column as "square"—I have likewise had my attention called to this item on the 8th, of 100 one-inch planed white beards, 1873—I should say that the delivery notes are for linear measurement—the account would be taken as of linear measurement—it was the clerk's duty to measure it when it came in—I was there from morning to night—I lived on the premises—there is a public house in the neighbourhood called the City Arms—Neary lived in the neighbourhood of the Old Kent-road—I think I have seen him at the City Arms, I cannot say as to any particular time—I have not seen him with any one in particular—I used to frequent the house, and Mr. Fossey, and several other persons belonging to the neighbourhood—I think I have seen Neary there of an evening in company with Fossey.

Cross-examined by MR. SERJEANT SHEE. Q. You were there in company with them, too? A. Yes; we were all in company together—I was not

aware that I was doing wrong by being in company with them; they were very glad to see me, and welcomed me as a friend—I never had the least suspicion that they were plotting anything—it was not my business to measure the timber as it came in—I was very often not there, I then had to rely on the accuracy of one of the clerks—Holt is nineteen or twenty years of age—Strand is about twenty-four or twenty-five—they were not always there—sometimes I came back and found them not there; I very often scolded them for it—there was always some one there, that was my orders I—I could not know, of course, when I was not there; it was my business to look after them when I was there—I suppose when the cat was away, the mice would sometimes play—the timbers are not entered in the bought book as square feet, but they are carried out as square feet—anybody could see that they were carried out as square feet—anybody who chose to examine the account, and contrast it with my account, which means running feet, would find out the blunder—we used often to have measurements when we had a certain number of houses to get up, to ascertain what quantity of timber would be required—we should want to know how many square feet would be required for the floors; a 9 inch board would do as well for that purpose as a 10 or 11 inch, provided we took it in square feet—we should make our contracts according to the quantity we wanted.

Cross-examined by MR. SERJEANT PARRY. Q. Do you know whether the carrying out of the feet was copied from the accounts that young Mr. Steel sent in? A. I do not know anything about the books that were kept at the office.

MR. SERJEANT BALLAHTINE. Q. All you know is, I presume, that you sent up the receiving book, and the delivery orders? A. That is all, nothing more—I conceived them to be linear feet, according to the notes—the notes exhibit that they are linear feet, and the receiving clerk received them as such, not as superficial feet—it would be a considerable addition to their value by their being changed into superficial feet—I have looked at the bought book, and compared it with the receiving book—I do not think I have ever come back and found both the clerks absent.

HENRY HOLT . I was formerly clerk to Mr. Walker. I was so in Sept, 1853—my duty was at the factory, at Millwall—these are the two receiving books, in which ought to be entered all the timber and goods received at Millwall—they were used on alternate days; one was in use while the other was at Arthur-street—I kept this book, all the entries in it are in my writing—I have entered the timbers received in Sept., 1853—I cannot say that I took an account of them—I do not find any entry in book B, on 20th Sept., of forty inch and a quarter yellow boards, received from Mr. Fossey's; there is no such entry—there is no entry of 180 inch and a quarter yellow boards on the same day—I find no entry in book A, of fifty 22 feet yellow battens, on 21st Sept, nor of 3,017 feet 2 1/2 inch yellow battens, on 26th—I find an entry on 28th of 100 14 feet spruce deals, 3 inches by 9 inches—I do not find any entry of a second 100 on the same day—there is no entry of 270 inch white planed boards, on the 29th—I do not know what was the width of the flooring boards that were brought, I cannot recollect so far back—they were about 9 inches usually; I do not know what they were that month—I do not know what was the extreme width of the flooring boards that came while I was there, they were generally about 9 inches, I never measured the widths—if the goods to which I have been referred had come on the days named, I should have entered them in these books, if I had been at my post—I generally went on duty between 6 and 7 o'clock; I have been 8, and I have been 9 o'clock; Strand had a duty similar to mine—I

never recollect his being absent but once that month—that was on the occasion of his going to be married—I do not know whether I was absent from duty during that month, I cannot recollect—when I came away at any time I left Strand there—I never recollect leaving the place during that month without seeing that there was some person there to do the same duty—I received the delivery notes when they were brought, and filed them.

RICHARD STRAND . I am now in the employment of Messrs. Pickford. In 1853 and 1854, I was in the employment of Mr. Walker at the factor—it was my duty to receive goods when they arrived, and to enter them in the receiving book, in the absence of Holt—during Sept., 1853, I was not absent at all—I used to come at 6 o'clock in the morning, and left at night when the men went, when the business was done—I only entered when Holt was absent—I have looked through the receiving books—I do not find any entries of mine during Sept.—I have been present during Sept. when timber has come, frequently—I am not able to say what the breadth of the flooring boards was, I do not know the largest width.

Cross-examined by MR. SERJEANT SHEE. Q. There were carpenters and skilled mechanics there, I suppose, for the purpose of making up the homes, and cutting the boards? A. Yes, some—I had nothing to do with that—I do not know where any of those men are now—there was a foreman of the carpenters—Holt took the measurements for the houses that were required to be built; not before they were built, that was done at the office in the city—he took the measurements after they were built, so as to aseertain what timber had been used in them; he was always there.

Cross-examined by MR. SERJEANT PARRY. Q. I suppose you were never late at work? A. Oh, yes! I have been there as late as 10 o'clock at night—I never came late in the morning—I know O'Hara—I do not know that he ever made entries; he has taken in timber, and, I should fancy he passed the bill over to Mr. Holt's office without making entries—I did not always look after him—I do not know whether he made any entries or not.

MR. SERJEANT BALLANTINE. Q. Was it O'Hara's duty to make entries or not? A. No.

THOMAS WILSON . I am a clerk in the West India Docks. In 1853, I was a clerk in the employment of Fossey—it was part of my duty to arrange the sending out of timber that was sent to Mr. Walker's—Mr. Fossey has told me on several occasions, "Don't be particular to a few feet, as Mr. Walker will not pay the cartage"—it was my duty to measure or count what was going out—if there was 300 or 400 feet of boards on the carriage, I came in and told Mr. Fossey the number, and he has said, "Oh, put down 500," and so on—that was often done—it was about one-fourth generally—the width of the flooring boards sent to Mr. Walker's was six, seven, and nine inches—it was never beyond that width—I wrote most of the delivery notes when I was in the way—none of those produced are in my writing—I used to count the number of boards as they were loaded to go to Mr. Walker's—the number of boards was accurate in the delivery notes, the excess was in the measurement—I was speaking of boards when I said that Fossey desired one-fourth to be added, not flooring boards, some rough boards, and some flooring boards.

Q. Confine your attention to flooring boards: was any such direction as that ever given you with respect to flooring boards by Mr. Fossey? A. It was so often the case that I can scarcely say about the flooring, because it was generally the case as to all boards—the entire measurement on the whole would be a quarter more than the reality; I mean as to flooring

boards as well—I did not measure each board, some, perhaps, were 13 feet long, some 15, and some 10—I told Mr. Fossey how many there were of a sort, and he would say, "Average them at 16 feet"—I made out my measurement at linear measure, so many feet running—I never saw any flooring boards at Mr. Fossey's more that nine inches wide.

Cross-examined by MR. SERJEANT SHEE. Q. When did you leave Fossey's service? A. I think in March, 1854—he said there was nothing to do—he dismissed me; not for dishonesty, or drunkenness; he made no complaint to me of drunkenness—I have been drunk at Mr. Fossey's; some time before I was dismissed, not shortly before.

COURT. Q. Did he ever complain of it? A. No, not to me—I have no reason to believe that he complained to anybody else.

RANDALL STAP . I am clerk to Mr. Walker, and a connection of his. I saw Mr. Walker accept the bill of exchange for the Sept account—I examined that account with the ledger before it was paid—I have, since then, looked at the bought book, which it was Neary's duty to keep—I find that all the items in the account are contained in the bought book—I have also looked at the receiving books—Neary would make the entries in the bought book from the receiving books, in the proper course of business, accompanied by the delivery notes—I have searched among the files of the delivery notes, and also examined the receiving books—in the Sept. account I find entered, "87 three-quarter white spruce boards, 3,570 feet"—that is entered on 1st Sept—the same item is entered at the end of the Aug. account—in the bought book the delivery of 31st Aug. is entered after 1st Sept—the amount of the item is 14l. 17s. 6d.—I find in the bought book, at folio 352, under the date of Sept. 22nd," 180 1 1/4 yellow boards, 961 feet, 8l. 0s. 2d."—I also find, on 21st Sept, at folio 151, 180 inch and a quarter yellow boards, 22l. 1s.—I "find neither of those items in the receiving books—I find in the bought book on 22nd Sept, 1850, "22 feet yellow battens, 1,100, 11l. 9s. 2d.—there is no entry of that in the receiving book—there are two entries of this in the bought book, one is interlined, and there is only one entry of it in the receiving book—I find in the bought book, on 26th Sept, "3,017 feet, at 2 1/2 5l. 6s. 3d."—there is no such entry in the receiving book—on the 28th I find, "100 fourteen feet square deals, 21l. 17s. 6d." in the bought book—there is 100 in the receiving book, but there is 200 in the bought book; two separate hundreds—on the 29th, I find in the bought book, "270 one inch white planed boards, 33l. 4s. 2d.," but it is not in the receiving book—one of these delivery orders, which has been dirtied, relates to some spruce deals—there is no entry in the receiving book of 28th Sept of any such delivery—there are two notes, they refer to one entry in this book; it corresponds with the receiving book—there is a charge of "100 square deals, 114 feet, 31l. 17s. 6d."—that is not in the receiving book—all the items of that date, except the 114 feet deals, appear in the bought book, but this note does not contain 22 1/2 ash planks, 27 feet super.—by looking at the accounts, the feet referred to in this account appear to be superficial—I know of no mode by which the bought book could be made up, except from the receiving book and the delivery orders.

Cross-examined by MR. SERJEANT SHEE. Q. It could have been made up from the delivery orders without the receiving book, if O'Hara had sent the delivery orders without it? A. I do not think it was his duty to do so—I thought this was all correct for three years, I had no reason at all to doubt it—I only speak from the books—I recollect many things, I remember the bill being accepted for the Sept account—I remember entering the bill in the bill book—seeing my own handwriting would refresh my memory.

Q. Do you remember anything more about it than that the account was presented at the end of Sept in the usual way; that you looked over the ledger, found it correct, allowed Mr. Walker to accept the bill, and handed it to Mr. Fossey, and that is all you recollect? A. Yes, that is about it.

Cross-examined by MR. SERJEANT PARRY. Q. Were the accounts sent in from Fossey and Co. monthly or fortnightly? A. Monthly, generally—I several parties sent in their accounts monthly—those accounts have not on some occasions been copied into the bought book from the accounts themselves, not that I am aware of—I have not written to Millwall to inquire about items contained in the account which were not in the receiving book, not as regards timber; some ironmongery, no doubt, has been written for; there are a great many fittings required in the business, bolts, and such like—the delivery orders were kept with the invoices in the counting house in town—after the goods were delivered, and the orders filed at Millwall, they were sent up to town daily by a boy about twelve years of age, who had from 1s. to 10s. a week—he used to come by train—he had to walk some distance—he used to come up every day, to the best of my belief—his instructions were so—he came with the delivery book, accompanied by the orders—I cannot tell to what amount I have made inquiries about ironmongery; trivial things that might be wanted in the contracts that were going on out of doors, the foreman or man would go to the party that supplies such things, and would keep the note until he came to the office—that never occurred about timber that I am aware of, 1 do not recollect it—there were various boys employed at the factory, there might be a dozen—I think two were employed in coming backwards and forwards with the delivery notes—I never heard that they used sometimes to walk, and save the money.

MR. BODKIN. Q. Were any delivery notes sent up with the books, except those that referred to the entries in the books? A. Not that I was aware of—if, when Neary made up the books, he had found that there were delivery notes and no corresponding entries in the receiving book, it would hive been his duty to call my attention to it, or Mr. Walker's—he never did so.

CHARLES O'HARA . I was in Mr. Walker's employment during 1853 and 1854—I was present at the receipt of wood—I had nothing to do with making entries, not till after Mr. Strand and Mr. Holt, then I had—when the timber came into the yard, if Strand was away, I used to examine it, and count the number of boards—I did not take the notes to anybody, I checked the timber, and left the notes on the desk.

Cross-examined by MR. PARRY. Q. Open on the top of the desk? A. Yes, on the desk.

JAMES STEEL . I am the father of the young man who has been examined. I was in partnership with Mr. Fossey—I had a book in my possession containing the counterfoils of cheques; that must have been before Fossey's bankruptcy—I had it from the accountant—I saw some items on those counterfoils—I have not got that book now, I left it at my house—I have searched for it, and have not been able to find it—I kept it in a cupboard—I have not the slightest idea what has become of it.

MR. SERJEANT SHEE. Q. Had your son access to that cupboard? A. Yes.

MR. SERJEANT BALLANTINE. Q. Did you give that book up to any person? A. No—I did not give it to any messenger who came for it.

JOSEPH HART . re-examined. The assignees have not got that book—I have not seen it—it has never been in our possession.

MR. SERJEANT SHEE. Q. Has Fossey obtained his certificate? A. He has.

JAMES STEEL . re-examined. I saw a counterfoil, with Neary's name to it;

I spoke to Fossey on the subject of that counterfoil; I recollect calling his attention to it by saying, "That amount I have nothing to do with"—that was when I was his partner—I do not remember tie date of that conversation.

(MR. SERJEANT SHEE. submitted that there was no case for the Jury, except upon the evidence of the witness Steel, who could not, be relief on, The LORD CHIEF BARON. could not withdraw the case from the Jury, but put it to them whether they could safely act upon the evidence of Steel, without which then was certainly no case. The JURY. expressed their opinion that they could not, and found a verdict of

NOT GUILTY .)

(There was another indictment against the defendants, for which ses Old Court, Monday.)

NEW COURT.—Thursday, October 30th, 1856.

PRESENT—Sir JOHN MUSGROVE, Bart, Ald.; Mr. Ald. CURITT. RECORDER.; Mr. Ald. LAWRENCE.; and Mr. Ald. HALE.

Before Mr. Recorder and the Seventh Jury.

Reference Number: t18561027-990

990. OCTAVIUS KING , feloniously forging and uttering an acceptance to a bill of exchange for 300l.; also, one for 300l.; also, one for 1,450l.; with intent to defraud: to all of which he

PLEADED GUILTY. Aged 21.— Judgment respited.

(There was another indictment against the prisoner, for forging and uttering a bill of exchange for 1,500l. to which he

PLEADED NOT GUILTY.)

Reference Number: t18561027-991

991. CHARLES FAULKNER , feloniously receiving 2,124 precious stones, and other articles, value 38l. 12s. the goods of Richard Willis.

MR. W. J. PAYNE. conducted the Prosecution.

RICHARD CHECKLEY . (police inspector, E). On 8th Oct., about half past 5 o'clock in the afternoon, I went to the prisoner's house, at No. 52, Mortmerstree, Marylebone—I saw him—I said to him, "Your name is Faulkner"—he nodded, and I then said I wished to speak with him in private—(he keeps a jeweller's shop)—I passed round the counter, and handed him my card, and at the same time I handed him a bill with the particulars of the property stolen from Mr. Willis's, of Clerkenwell-green—this is the bill—I said, "I must have this property"—he said, "I have no prpperty"—I said, a I have the best information that you have got it"—he hesitate, and trembled very much; and said, "I have got it I hope I shan't get into trouble"—he then produced a drawer, there were some stones in it, and he said, "That is all I have"—Mr. Willis then came in, and he said, "They are not half"—I do not remember that the prisoner said anything in answer to that—I said to him, "You must consider yourself in my custody"—wife went up stairs immediately, and he followed her, and I followed also—when up stairs, he said to his wife, "Give me that brown paper parcel that I gave you lust night"—she took a paper parcel from the cupboard, and handed it to him—I took it—this is It—it contains coral—I took him to the station—he asked me to shut up his shop before I left, and I did so—I saw him at the station—I went to the cell to him—I told him I had closed his shop, as he wished me—he then made a statement to me, which I took down in writing—I did not make him any promise or threat.

MR. LAWRENCE. Q. When you went in, did you not say, "This is a bad job, but I do not suppose Willis will prosecute, if you tell all about it"! A. I did not—I did not say anything to that effect; I should not so far commit myself.

MR. W. J, PAYNE . Q. What did he say? A. He said, "I will tell you all about it; you know my brother-in-law was in prison, and be got acquainted with a man named Pike; well, since that, he has been at my house daily, and he (Pike) committed the robbery; I was not on the premises; but I should not like this to appear in the newspaper, you know; well, Pike asked me questions about the premises, and when I was in liquor I told him; I gave them 10s. for their part, and I am very sorry now that I did not tell the police all about it before it was done; I know who has done this, it is Master Pike, and he is worse than me."

COURT. Q. Did he see you write this down? A. I do not think he did—he was speaking through the trap door of the cell, and I was writing below that place—I did not caution him before he made that statement—I did not caution him that what he said would be used as evidence against him—he signed the paper at the police court to the effect that what I said was correct.

Cross-examined by MR. LAWRENCE. Q. You first went to this man's house, and handed him your card? A. Yes—there was on the card, "Inspector Checkley, St. Giles's Station"—I said I wanted to speak to him—I produced this bill—he trembled very much, and hesitated—I have no doubt that I have said that he hesitated and trembled—I told my superintendent so—he is not here—I did not tell the prisoner that what he said would be given in evidence against him—our instructions are not to do anything of the kind, not to induce a prisoner to make any statement, nor to give him a caution not to say anything—I have not my instructions here—each officer has a copy of them, and most likely keeps it at his own residence—I did not bring my copy here; we do not require them—I took the prisoner to the station, and he was locked up—when this document was written I was standing close to the cell door—the cell was locked—there is a small trap door, through which he was speaking to me—I know it was him who was speaking—I saw his features quite plainly—the cell was dark, but I was in the yard under the gas—I could see his features through this trap—I did not, when I first came to this trap door, say, "This is a bad job, but I don't suppose Willis will prosecute you if you tell all about it"—I did not mention the name of Willis—the prisoner did not say, "I admit having bought the things, I wish now I had not done so"—he said just what I say, and no more.

Q. Did he not say, "If I had known they had been stolen, I would have told the police; but I suppose Pike might have told you I bought them; why did you not take him into custody, for he must have stolen them, and he is worse than me?" A. He made use of no other words than what I put down; if he had I should have taken them down—I wrote on the back of this pocket book, which I had in my pocket—I have never been without it for months past—I never took down a prisoner's statement in this book—I have in other books—I have frequently taken down the statement of a prisoner—I always make a practice of doing it, if they give any statement which is longer than I can remember—I have not a statement in this book—I have not had it long, I think it was on 16th Jan., 1856—this statement was not in the book, it is on a bit of paper that was in the book—I should not think the prisoner could see me write—I joined the police force in 1843.

JOHN CHOWN . (police sergeant, E 5). I went with the last witness to the prisoner's house, and helped to search the premises—I saw the prisoner give inspector Checkley this parcel; and he said, "That is all I have got"—I followed the inspector in, when he had been in about a minute—I recollect the prisoner saying, "That is all I have got"—I am not certain whether that was when he produced the drawer, or whether it was upstairs—I saw Mr. Willis there—when these things in the drawer were shown to Mr. Willis, he said that was not half.

COURT. Q. Was it after the prisoner said, "That is all that I have got," that Mr. Willis said, "That is not half?" A. Yes—I went in, and saw a box standing with precious stones in it on the counter—inspector Checkley said, "I must have that property"—the prisoner said to his wife, "Give me that parcel that I give you last night"—the drawer full of stones was open on the counter—when the inspector produced the bill of it, and said, "I must have that property"—the prisoner said, "I have not got it"—the inspector said, "I have received information that you have it; I must have it"—the prisoner then said to his wife, "Give me that paper parcel that I gave you last night"—he said that as he was entering on the stair case—I went up stairs, and saw the parcel taken from the cupboard by the prisoner's wife—she handed it to the prisoner, and he handed it to the inspector—the prisoner was then taken into custody.

MR. W. J. PAYNE. Q. Did you after that search the house? A. Yes; after the prisoner was gone—inspector Checkley took him away, and I remained and searched the house—I found in different drawers in the counter the stones which I produce—here are five or six parcels—some are cornelians, some topazes, some amethysts, and others—I saw them put in the parcels, and I handed them to the inspector.

Cross-examined. Q. These amethysts are in a rough form, and the jewellers work them up into brooches, and other things? A. Yes—I did not hear the conversation from the beginning—the inspector had been in about a minute before I went in—I heard all the conversation except that minute—I saw the inspector show this man a bill—I cannot swear that I heard anything said about getting into trouble—I did not hear the inspector say, "I want information"—he said, "I have the best information, and I must have it."

RICHARD WILLIS . I am a jeweller, in Bed Lion-yard, Clerkenwell. On Thursday morning, 3rd Oct., I went to my premises; I found they had been entered from the trap window—they had got over the wall, and got down—I missed some gold, various stones, and other things—I had these, bills printed, stating the articles as nearly as I could tell what I had lost—it is a rough sketch of what I missed at the time—I went with the inspector to the prisoner's house on 8th Oct.—I recognised these stones produced—this coral is mine—it is some that I missed—I have gone through all these—they are my property—the prisoner was formerly in my service.

Cross-examined. Q. He is a working jeweller? A. Yes, and was employed on valuable articles—I have not trusted him with articles since he has been in business—I have not trusted him with chains to hang in his window—I know of no imputation against him before this—these articles we not marked in any way—these are rough stones which working jewellers work up.

COURT. Q. What check have you upon your workmen? A. We count the stones—these were in different drawers—they broke the locks and took them—when a man is employed the gold is weighed to him, and the stones

are counted—a great many of these stones I can identify by marks—here is one with my own initials on it—I think it is very likely the prisoner would know where these were all kept, from his having been in my service—he left me about two years ago—as the prisoner went from the station to the Court, he said, "I am very sorry for what has occurred; it is all through keeping bad company; I hope you will not think worse of my poor brother, for he knows nothing of the robbery, or what I have got of it"—I have his brother still in my employ.

(The prisoner's statement before the Magistrate was here read, as follows: "I admit having the things, but I had nothing to do with the robbery.")

(The prisoner received a good character.)

GUILTY . Aged 30.— Four Years Penal Servitude.

Reference Number: t18561027-992

992. FREDERICK CHARLES FISCHER , embezzling 12l. 8s., received on account of Henry Decimus Ilderton, his master: to which he

PLEADED GUILTY . Aged 26.—Recommended to mercy by the Prosecutor.— Confined Four Months.

Reference Number: t18561027-993

993. RICHARD BAILEY was indicted for embezzlement.

MR. JOYCE. conducted the Prosecution.

CHARLES TAYLOR . I am cashier to Messrs. Peto and Co., the contractors, at the Victoria-docks; I am cashier of their works there. The prisoner was clerk to Mr. Bulcraig, a shipping agent—he clears goods at the Customs—in Nov. and Dec. the prisoner applied to me for moneys for the payment of duties, and on 2nd Jan. the amount altogether was 327l.—on 18th Jan I had to pay certain duties for goods, which I expected had been cleared at the Custom House, to the amount of 82l., for sleepers, which were cleared from four small ships—the prosecutor went with me to clear the goods—the prisoner had come to me for cheques to cover the duties—I gave him all the cheques except two—I have receipts for every cheque which he gave—here are the cheques for 327l., and the receipts for them all signed by the prisoner.

Cross-examined by MR. METCALFE. Q. Do you know to whom you paid toe 82l.? A. I paid it to some gentleman at the Custom House, and he gave me the receipt, which I have here.

GEORGE BULCRAIG . I am a shipping agent. The prisoner was a clerk in my service—it was his duty to transact the whole of the business, in Nov. and Dec., while I was ill, and that was the time he took advantage of me—he was to attend to all the duty that I had to attend to when I was well—he was to receive money, and take it to the Custom House—it was his duty to receive money on my behalf from the last witness, and, when he received it, to go to the Custom House and pay the duties—at the beginning of Jan I recovered my health, and I made inquiries about what had been done by the prisoner—I received this note (looking at it) from Messrs. Peto—I afterwards saw the prisoner, and I showed it to him—he said the money was lodged at the Custom House all right—(note read: "Jan. 1, 1856. Dear Sir,—The total amount of cash had by Mr. Bailey, on account of timber duty and charges on steamers, is 327l. Yours, Charles Taylor")—when I showed this to the prisoner, he took a dip of paper, and made a memoradum to show how the money stood—that paper was produced before the Magistrate—I have not seen it since—my attorney took it.

JAMES MILLER . I was articled clerk to my father, the prosecutor's solicitor. I conducted the case before the Magistrate—I saw the paper, and

had it in my hand before the Magistrate—I have not seen it siade—there was another paper lost at the same time, but that has been found since—I had made the most diligent search for this paper, and cannot find it any where—I took all the documents away, and that was the last time I saw it—I have been to the police office to inquire for it, and searched the Magistrate's desk and drawer, and the pigeon holes—I could not find it.

GEORGE BULCRAIG . continued. When the prisoner wrote this paper, he said, "That is as the affair stands now, and I will go down and get it arranged when it is properly measured"—I have a memorandum of a part of the paper that he wrote at the time—he said he had paid the Columbus, 103l. 15s. 10d.; teh Industry, 69l. 16s. 11d.; the Gillistre, 51l. 9s. 5d.: 225l. 2s. 2d.—he put down 100l. lodged in the Custom House, 10l. cash in hand, and 1l. 4s. or 1l. 5s. fees to the Custom House officers—he said the 100l. was lodged to pay the duty on the sleepers which came in the Ocean Wane, the Harbinger, the Bee, the Fate, and a small billy boy called the Industry—he left me in the morning of 8th Jan.—he absconded that morning—he said he Wad going to the Commercial Docks to get the correct measure of the timber—I said, "Can I depend upon you?"—he said if I would allow him to go to the Commercial Book be would come back—I allowed him to go, and lie did not return—I had before said to him, "Come with me to the Custom House, and show me the desk at the counting house where you paid the money"—I did not see him again till Sept., when I met him in Thames-street, when I was going to pay duties—after he left me, I went to the Custom House frequently about the 100J.—I examined the books, and made inquiries—on 18th Jan. I went with Mr. Taylor, and paid 82l. for duties on the sleepers out of the Ocean Wave, and the other ships that I have mentioned—tere are the receipts and the cheque—the course of business on paying duties is to receive a receipt; and when I spoke to the prisoner, I asked him for the receipts, and he told me they were all down at the Dock-office—when I saw the prisoner I gave him into custody—I took hold of him, and said, "I make you my prisoner"—he said, "I beg your pardon; I hope you will be as light and lenient with me as possible; I beg your pardon; I know I have done wrong."

Cross-examined. Q. How long have you known the prisoner? A. Many years—I knew him as a boy, more than ten years ago, with his uncle Mr. Jones, a shipping agent, in Idol-lane—I was master of a brig for some years—after that, I started as shipping agent seven years ago with Mr. Hurst—I did not know much about business—the prisoner was very intimate with me—he did not assist me in my business, to my knowledge; there were a great many things he did not know himself—he was not constantly with me—after Mr. Hunt and I had separated, he came and lent me a hand—it is about five years ago—I carried on business some time myself, and then went into partnership with Mr. Low—after that the prisoner came again to me, I cannot tell the date—he was to have 10s. a week, and one third of the commission—he had his money regularly all last year, and the commission regularly all last year—there was no book—there was no account made out between us—on Saturday night I gave him 10s., and if there was a commission of 3l., he had 1l., and I had 2l.—Up to the time I was unwell, I paid him his wages, and part of the commission, and after I was ill he took everything, all the profits and everything—there was no agreement between us that I was to reckon up the commission at any time—after he had been with me some weeks, I said, "The money you have is not sufficient, I am

disposed to allow you one third of the commission"—he said, "Thank you"—there was never any time fixed when we were to come to an account.

Q. Have you not paid him money at different times? have you not paid him as small a sum as 2d. and 2s., and half a crown? A. He borrowed it, and I have no entries in any book—I never made any entries in this book (looking at one)—this is not my writing—I cannot tell whether I have seen this book from time to time—I have got my own diary for this year in my pocket, but I have not the diary for last year with me—I did not write in that diary in the prisoner's presence, "The commission to be paid on the 1st May"—there were no books kept—there are books containing the particulars of the ships that he said were cleared, and the ships that I paid the duty on at the Customs—we do not know the names of the clerks to whom we pay the money—we only know what ships to pay for by the dispatches—I paid 82l. to somebody, because I found the goods were not cleared—the Harbinger, and Ocean Wave, and Industry did not come in after the prisoner had left—they came in on the 2nd Jan.—some of them were only expected when the cheques were given, but the money might be lodged in the Customs to meet the duties, so that if the Columbus and other vessels came in the money was right, and if the other vessels were coming in, the money would be properly lodged to meet them.

MR. JOYCE. Q. When were these ships in? A. They came in at various times—they are to be cleared in thirty days from the time they are landed—I searched to see if this money was lodged.

HUGH PIPER BERNARD . I searched the books at the Customs—I am a teller in the Receiver-General's office—I keep one set of books, the books in which the entry of these vessels would have appeared if the money had been tendered to me—there are several tellers—it might have been tendered to me, or to another teller—I have searched all the books—I have not brought the books, they are in constant use.

COURT. Q. What books have you searched? A. All the books in the treasury at the Custom House in which entries are made, which are kept by myself and by others—all the books in which money has been paid or lodged—all moneys paid, or for deposit would be paid in our office—there are several tellers, each having his own set of books, and those books are in constant use; the books in which entries are now making—the past books which are full are put by and labelled; they are done with, except any reference is wanted to them—I believe most of the books of last Jan. are full—some of them are now in use.

Q. Could the officers in the Treasury receive that money over again, according to their duty? A. We do not know what the money is for—if money is brought we receive it, without specifying what it is paid in for, only the name of the person—the receipt and entries are lodged in a superior department, and all the particulars.

NOT GUILTY .

THIRD COURT.—Thursday, October 30th, 1856.

PRESENT—Mr. Ald. COPELAND.; Mr. Ald. CARTER.; Mr. Ald. HALE.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Eight Jury.

Reference Number: t18561027-994

994. WILLIAM JENNINGS , burglariously breaking out of the dwelling house of William Stevens, at St. Bartholomew by the Exchangehaving stolen therein 227 pens, 36 pencils, and other articles, value 73l.; his property: to which he

PLEADED GUILTY . Aged 17.—(He received a good character.)— Confined Twelve Months.

Reference Number: t18561027-995

995. THOMAS GRIFFIN , feloniously receiving 4 umbrellas, value 15s.; the goods of Meyer Meyer.

MR. COOPER. conducted the Prosecution.

HENRY BARCLAY . (a prisoner, see page 932). I am eighteen years of age—my father lives at No. 3, Vernon-square, Bagnigge Wells-road—I was errand boy to Mr. Meyer, of Bow-lane—about two months and a half ago I was passing the prisoner's stall in the City-road, and saw a funny stick there, which I thought I should like, and asked the price—I had not known the prisoner before that—I said, "I cannot afford it to-day"—I had an umbrella under my arm, it was my master's, but it was the first one I took—the prisoner asked me to sell it—I said, "No," but afterwards he said that he would give me 2s., and I took it—he asked me if I had got another one—I said no, but I could get another—he said that he wanted another very particularly, and I took him another the next night—he paid me 2s. for it, and said that I was to be sure and take him another one, because he had got a customer for it—I do not know whether it was silk or alpaca, the first was a silk one—they were both new, and the first had a partridge cane and a griffin handle—when I took him the third, he said that he could not pay me, as he bad only taken a shilling all day—I do not exactly know whether that was a silk one, I took him both alpaca and silk, just what he said he wanted—he gave me a shilling, and asked me if I would have a drop of ram, which I did—I did not take him another for some time after that, and he said then that he could not pay me all, as I had stopped away so long, because if he paid me all, I should not bring him any more—I said, "I must have the money, because how do you suppose I can bring you umbrellas if you do not pay me the money? I want the money to cover them"—that was an excuse I made to get the money—he said that he had a particular customer for another, at an ironmonger's shop over the other side of the road, and I was to take him one the next night—I did so, and he asked me if I would help him to clear away his stall; I did so, and he took me to a public house opposite his court, and asked me if I would have anything to drink—he said outside, "We do not want that man to hear everything we have to say," and we went over to his house—a man came down his court to buy an umbrella—he asked 6s. for it; the man would not give it, but gave him 4s.—that was one which I had taken him, a silk one—they were all new—he asked me that night to bring him two similar ones next day, very particularly, because one of them was for a lady—I took them, and left them at his house at my dinner time, and the woman Mary said that she would take them down to his stall—I took him two new alpaca ones the same night, from my master's premises.

Cross-examined by MR. SLEIGH. Q. How came you to be in custody? A. I had two umbrellas down the legs of my trowsers on Friday night, at the corner of Cannon-street—I had been six months in my master's employ—previous to that I was with Mr. Button, No. 146, Holborn-bars—I lived with him six months, and was out of place about a week before I went to Mr. Meyer—I referred Mr. Meyer to Mr. Button—before that I lived at No. 3, Snow-hill, a printing office, for about nine months—I gave Mr. Button a reference to the printing office—I used to carry the first umbrella when it was wet; it was not one which my master used, but one out of the establishment—I had been in the habit of carrying it nearly a fortnight—I

used to carry it generally daring that fortnight, because I thought it used to look well—I have never been charged with any offence before—I swear that—I made the excuse that I wanted to buy the silk, that I might get the money from him—I did not tell him, the very first time I saw him, that my father was an umbrella maker, and beg of him to give me a job—I did not say that my father was a good workman, and that I would bring him to the prisoner, and he would work the stuff up into umbrellas—the prisoner did not ask me where my fether lived, and ask me to bring him, nor did I promise to do so—I did not tell him in whose employment I was—I did not tell him I had stolen the umbrellas from my employer; nothing of the kind I—I did not tell him where I lived, but as many as I could bring be bought—I was examined before the Magistrate—once the prisoner went and borrowed a shilling of a man named George, who keeps an apple stall close by his stand, the next to it—I used to see George when I went to the prisoned stall—I saw him borrow the shilling of George; I was not standing next to him, but he told me he should borrow it—I was standing at his stall, and he went to the man at the next stall, spoke to him, and said that he had borrowed it—George must have seen me—he knew me, he had seen men often.

JOSEPH COMBER KNIGHT . (City policeman, 437). I am a detective—I found the prisoner at his house, No. 4, Fountain-court, City-road—I told him I was a police officer, and that a boy named Barclay was in custody at Bow-lane, who said that he had been in the habit of selling him umbrellas—he said, "No, I have not been in the habit of buying umbrellas of him; I have been in the habit of giving him money to get silk to cover umbrellas with"—I said, "You had better come with me to Bow-lane, and see if it is the same boy"—I took him there; Barclay was then standing in the dock, and I said to him, "Is this the man that you have sold the umbrellas to?"—he said, "Yes, that is the man"—the prisoner said that he had never bought any umbrellas of him, but had given him money to purchase silk to get them covered—the boy said, "No, I have sold several umbrellas, as many as eight or nine, and I may have sold him ten, some silk, and some alpaca"—the prisoner then said that he had bought some umbrellas of him, but not so many as that; whether silk or alpaca he did not know, for he never took the covers off—Mr. Lyons, the manager, and Mr. Meyer were present—Mr. Lyons asked Barclay how he became acquainted with the man—he said that one evening he had taken an umbrella from the warehouse with him, because it looked like rain, and he stopped at the prisoner's stall to look at a walking stick, and told the prisoner he had not money enough-to buy it, and was about to go away, when the prisoner asked him if he would sell him the umbrella which he had with him, and he sold it for 2s., and the prisoner took him to a public house and gave him, I believe, part of a half quartern of rum, and asked him if he could not get him another umbrella, as he wanted one, and that he got him several, as many as eight or nine—the prisoner denied having so many, but said that he had bought some.

Cross-examined. Q. After the statement made by the prisoner in reply to Mr. Lyons's question, did not the prisoner say, "That which the bey has said is all false?" A. I do not remember his saying it then—he said that it was all false about so many umbrellas, he had bought some—I have seen the prisoner keeping the stall for a considerable time—he did not deny throughout that he had bought umbrellas of the lad; he did at the beginning.

JAMES GLIBBERY . I am office keeper at Worship-street police court. About a fortnight before the prisoner's apprehension, I bought this alpaca umbrella (produced) of him, at his stall in the City-road, for 3s. 6d.—on Saturday, 20th Sept., he brought me these two silk umbrellas (produced)—I bought one for 7s., and the other was left for ine to show to a friend, at 6s. 6d.

Cross-examined. Q. How long have you known the prisoner? A. Sixteen or eighteen years—he has kept an umbrella stall there nearly the whole of that time—I considered him honest, or I would not have bought them.

WILLIAM SAINT . I live at South-street, Bethnal-green. I bought this umbrella (produced) of the prisoner at his stall—I went for a stick which he had had to clean for me, and he pulled the umbrella down, and offered it to me—I could not see it well, being night—he said that it was a very good one, and I gave him 6s. 6d., and took his word for it being a good one; I did not know the value of it.

Cross-examined. Q. Have you known the prisoner? A. Between two and three years, by going up and down the road—his stall is about half a mile from Worship-street—the umbrella was lying exposed on his stand for sale—he did not take it from any covering, anybody passing by might see it.

GEORGE FARRENT . I am stock keeper and salesman to Meyer Meyer, umbrella maker, of Bow-lane. I know these four umbrellas by the make and the general character; at the time they were taken, none of them were sold in London—the wholesale price of these two is 10s. 6d. each, this other, 9s. 6d., and the fourth, 4s. 6d.—I have a piece of silk here off the same piece, and if you tike you can compare them—Mr. Lyens is not here.

(The prisoner's statement before the Magistrate was here read, as followers "I say what the lad has said is false.")

(The, prisoner received on excellent character.)

GUILTY . Aged 41.—Strongly recommended to mercy by the Jury.— Confined Twelve Months.

Reference Number: t18561027-996

996. HENRY BAYLEY , burglariously breaking and entering the dwelling house of Edward William Helton, at Baling, and stealing there in 1 timepiece, 2 coats, 1 hat, 1 card case, and 1 spoon, value 13l., 19s., has property.

MR. GIFFARD. conducted the Prosecution.

REV. EDWARD WILLIAM RELTON . I am the Vicar of Eating. On Monday; 13th Oct., I came down at about half past 6 o'clock in the morning, and found the drawing room window open, and a pane of glaw broken, just where the catch is—in my study, I found abuadant evidence of a stranger being there, and doing actions which were disagreeable to me, and I missed a timepiece, which had been safe the night before; also two great coats—a box had been forced open.

HENRY MYALL . I am assistant to David Trail, a pawnbroker, of No. 17, New Church-street, Edgware-read. From information I received, I searched the stock on the 16th Oct, and found that this clock (produced) had been pledged on 14th Oct.—this (produced) is the duplicate—I famly believe the prisoner is the person who pledged it—it was Jtetweea 9 and 10 o'clock in the morning; I cannot say to half an hour, as the dock in the shop varies—it might have been as late as half past 10 o'clock, bat I think not so early as half past 8—I gave a description of the person, and on Sunday night was taken by a policeman to a public house, and saw the

prisoner outside talking to a sergeant; I passed him, and thought by the light in the lane that I could not be positive of him—he went into the public house, I went in after him, saw him by the light, and came to the conclusion, in my own mind, that he was the man—nobody pointed him out to me—I said, "I believe I have seen you before; did you not pledge a clock at our place?"—he said, "God bless the man, you must be mistaken"—I said, "I am positive that I am not."

Cross-examined by MR. ROBINSON. Q. What made you go on the Sunday? A. In consequence of inspector Scotney waiting on me—he told me that he wanted me to identify a man—I was with him three or four hours; we walked down towards the public house, and the sergeant was talking to the prisoner in the lane as I passed; we were all three together—the sergeant went on to the prisoner, and I and Scotney were behind—we went on, and passed the two—I thought the man who pledged the clock had more whiskers than this man, and when I got out of the public house I said that I thought his whiskers had been clipped since he pledged the clock—the pledging was on 14th Oct., and I saw him on the 19th—we do not take in many clocks—it is not a very extensive business, there are two lads as assistants besides me.

JURY. Q. How soon after the clock was pledged did you find out that it was stolen? A. I received information from the police report on the 16th—it gave a description of the clock, which I recognised, and on the 18th I gave a description of the party to inspector Scotney.

JOHN SCOTNEY . (police inspector). On Tuesday, 14th Oct., I went to Mr. Helton's, and found that an entry had been effected by the drawing room window; some drawers, a desk, and a mahogany box were broken open—from information I received, I went to Mr. Trail's shop, and on Sunday night I examined the prisoner's house, knowing where he lived, and found a waistcoat and this screwdriver (produced), which fits the marks on this box of Mr. Helton's; they correspond exactly.

Cross-examined. Q. Is the prisoner a cabinet maker? A. Yes—a screw-driver was produced at the public house, not exactly like this; it would not fit the box so well, but I think it would open it—it was, I believe, produced by Mr. Shifney, the landlord, who is a friend of the prisoner's; he brought it to show that it would nearly fit—he heard the case, and said, "I or any man might have a screwdriver in his house," and produced one, but it did not fit quite so well as this."

MR. GIFFARD. Q. Has the prisoner been in the police force? A. Yes, until about two months ago.

WILLIAM JOHN DAVEY . (policeman, T 84). On Monday evening, 13th Oct., I was going across the fields to Acton, and saw the prisoner going towards East Acton from Acton—I spoke to him, and was with him about five minutes—about a quarter of an hour afterwards, I saw him again; he had turned back, and overtook me—we walked together to the White Hart, at Acton, and had some beer together—we walked from there to the centre of Ealing-common, and I parted from him from half past 7 to a quarter to 8 o'clock.

Cross-examined. Q. Were you on duty? A. No, I was going direct home—he was going towards home—he lives at Brentford—he went in that direction, and of where the burglary was committed.

REV. EDWARD WILLIAM RELTON . re-examined. This box and timepiece are mine, and were safe in my house on Monday night—the box has been forced open since—I shut up the house at half past 11 o'clock.

COURT. to HENRY MYALL. Q. Had it been arranged that the sergeant was to speak to the man you were to look at? A. Yes—I saw Scotney at Brentford, and sergeant Mellor went down and found that the party they wished me to see was not there; we waited till half past 10 or 11 o'clock, he came home about that time, and just outside a house which he had pointed to me as the house of the person I was to see, I saw him.

NOT GUILTY .

Reference Number: t18561027-997

997. THOMAS FARRANT and THOMAS GARDNER , stealing 1 coffee pot, value 2s. 4d.; the goods of John Deane and another, their masters.

MR. ROBINSON. conducted the Prosecution.

ANN SHIPLEY . I keep a tavern on Fish-street-hill. I know the prisoners, they were workmen at Deane and Dray's—about eight or nine months since, Farrant said that any article we might want, they could get at the trade price—Gardner was not present—about 19th Sept, I ordered a coffee pot of Farrant—I did not see it brought, but I saw Farrant the same evening—he said, "Will that coffee pot suit you?"—I said, "Yes, what is the price?"—he said, "1s. 7d.," and the servant gave it to him.

MARY HISMAN . I am the bar maid. On 22nd Sept, about 12 o'clock, Gardner brought a parcel; Mrs. Shipley afterwards tore the paper, and it was a coffee pot—I paid Gardner 1s. 6d. for it, and gave him a pint of beer.

JAMES THOMAS DONHUE . I am foreman to Deane and Dray, ironmongers. The prisoners have been in their service some time, Farrant as entering clerk, and Gardner as packer—this is a chocolate pot, but coffee can be made in it; it has our private mark on it—the selling price is 2s. 4d.—the prisoners had no authority to sell it—it is necessary to have a delivery note when property is taken out, and it would be Farrant's duty to make an entry in the day book—this is the day book, here is no entry of it; nor in the porter's book.

Cross-examined by MR. MACENTEER. Q. Do you sell a great number of goods? A. Yes; we have missed nothing, we could not.

(The prisoners' statements before the Magistrate were here read as follows: Farrant says, "I consider myself guilty, and the evidence is quite true; I am sorry for it." Gardner says, "I know I am guilty; I am sorry for it; I have nothing further to say.")

(MR. MACENTEER, for Farrant, contended, that the confession applied to a chocolate pot, not to a coffee pot. The COURT. considered, that as the prisoners called it a coffee pot, it became a question for the Jury.)

Gardner's Defence. The coffee pot was given to me by Farrant, and I took it, by his direction, to Mrs. Shipley; nothing was said by me or Farrant afterwards; and I solemnly declare, that it was the last of my thoughts to purloin it, nor do I think it was ever intended—I have been five weeks in custody; I have a wife and several children, and have lost my situation and character.

FARRANT— GUILTY . Aged 51.— Confined Tweke Months.

GARDNER— GUILTY . Aged 42.:—Recommended to mercy by the Prosecutor.— Confined Four Months.

Reference Number: t18561027-998

998. JAMES WELCH and JANE WALTON , robbery on William Maclise, and stealing from bis person 1 watch, value 8l.; his property.

WILLIAM MACLISE . I live at No. 10, Francis-street. On the night of 10th Oct., I was in the neighbourhood of Soho-square; the prisoner Walton accosted me by St. Martin's-lane, and accompanied me to Soho-square—I had been a stranger, and absent from the country many years, and I asked

her to lead me out of the square, to show me the shortest way into Oxford-street—I gave her no encouragement, but she kept by my side—she led me down Greek-street, and a man crossed over, and whispered something to her—Welch is the man; and then he said something to me, which I did not understand—I told Walton I did not want to go with her, and proceeded onwards; and almost immediately afterwards Welch jumped on my back, and tried to strangle me—I threw myself down, and tried to grapple with him—he knelt on me till Walton escaped, and then released me, and went after her—as soon as I recovered myself I missed my watch, and pursued them till I came in contact with a plain clothes policeman, who said that my watch was all safe, and the prisoners in custody—I was as capable of going borne as 1 am now—I had been dining with my friends—I was able to walk steadily home.

Walton. You asked me to have something to drink with you; you had a glass of gin and water, and gave me a glass of ale. Witness. I do not believe that I did so, but I do not recollect—I did not ask you to go home with me—I did not get into a cab with you, I got into one walking home.

HENRY JOY . (policeman, A 338). On 11th Oct., in the morning, I saw "Walton and the prosecutor, in Church-street, Soho—they went to Greek-street, and at the corner of Compton-street they met Welch, who said something to Walton, and she looked round—Welch crossed to the opposite side, and up Greek-street, and Walton and the prosecutor walked up Greek-street to the enclosure of rfoho-square; Welch followed them, sometimes before and sometimes behind, and on the opposite side—when in the square, he remained close to the houses watching her; a policeman went past them, and she took the prosecutor out of the square, up Comford-mews, which is dark—Welch followed, and they walked on each side of the prosecutor round the corner; Welch then went behind the prosecutor, put his arm round his neck, and pulled him back, Walton being in front—he got him down, knelt on him with one knee, and Walton ran away—Welch then got up and ran away also—I sprang my rattle, another constable came, and I took Welch-Walton Was very violent—the prosecutor was drunk.

THOMAS FOULER . (policeman, A 335). I saw the prosecutor and Walton in Church-street, and Welch following them—after that Joy sprang his rattle, and I ran to the further end of the court, and saw Welch in his custody, and Walton running a few yards off—I ran after her, she fell on her hands close to a coach house—I took her; she was very violent, it was as much as I could do to hold her—I took her to the station, went back and found this watch (produced) under the doorway of the coach house where there is two inches space.

WILLIAM MACLISE . re-examined. This is my watch.

Welch's Defence. I was with a friend at the corner of Crown-street; heard a cry of "Police!" went to look, and the gentleman was drunk, and could hardly stand; he was locked up till he got sober; when he went out of the office, he was asked if he knew me, and he said, "No;" I saw three men run away; I do not know the female.

WELCH— GUILTY .

WALTON— GUILTY . Aged 17.— Confined Six Month.

(Welch was further charged with having been before convicted.)

JOHN WESTLAKE . (policeman, S 2). I produce a certificate—(Read: "Central Criminal Court; James Coleman, convicted, July, 1852, of robbery with violence; Transported for Ten Years)—Welch is the man, I had him in custody—he has been free three months on a ticket of leave.

GUILTY. ** Aged 23.— Six Years Penal Servitude.

Reference Number: t18561027-999

999. RICHARD LEE , embezzling the turns of 13s. and 18s.; the moneys of Frederick Townsend: to which he

PLEADED GUILTY . Aged 17.—Strongly recommended to mercy by the Prosecutor.— Confined Six Months.

Reference Number: t18561027-1000

1000. FREDERICK HOLMES , feloniously marrying Mary Rennison Thomas, at Hull, on 8th May, 1855, his wife Rachael being alive: to which he

PLEADED GUILTY . (See next case.)

Reference Number: t18561027-1001

1001. FREDERICK HOLMES was again indicted for feloniously mirrying Charlotte Bacon, his wife Rachael being alive.

MR. W. J. PAYNE. conducted the Prosecution.

CAROLINE SOUTER . I am a widow, and live at Bayham-place, Camden-town. The prisoner is my nephew—I was present at his marriage to Rachael Liffey, on 20th June, 1852, at St. Mary's, Islington—my name was entered in the register book, and I put my mark, not being able to write—his wife is still living, and is here.

Prisoner. Q. You remember that my wife abandoned me, I suppose? A. Yes—you were put into prison—you lived together till then—that was in March, 1853—you were in prison a year and three months—you were there three months before you were tried—after you came out your wife continued to live with me—you did not come to live there at all—I have not seen or had anything to do with you since you came out of prison—your wife made a little money of the furniture, but she gave it to you before your trial—I do not know anything about her taking some freehold land shares, and selling them, and keeping the money—your father did not entrust some property to her to let, and to manage during your absence—there was nothing but a few odd things lying about the house—you left her without a halfpenny, if Mr. Sparling, the solicitor, had not given her a little money, she would have starved—there were only a few little trifles left in the house, which I could carry away in my lap—you behaved like a brate to her, and also to me—I carried your marks for two months.

Q. Did you not receive letters from my father, and also from me, after her leaving me, urging you to give me information where she was? A. I was lying very ill at the time a letter came, and they told me of it a long time afterwards; but she wrote to you, and told you she never would live with you any more—your father did not call on me; I never saw him—I did not refuse to see him—I received a visit from a lady named Kay, making inquiries where she was, and I would not tell her—I never said that she was dead.

CHARLOTTE BACON . I live at Sudbury, near Harrow. On 24th May I was married, by licence, to the prisoner, at St John's Church, Wenley, near Harrow—he is my cousin, and I had known him for a great many years—he was married in the name of Frederick Charles Holmes—I did not know that he had been married before.

Prisoner. Q. How long have you known me? A. For the last eight years, but not longer intimately—I was at your father's when you were a child, bat you were away from home—I do not recollect seeing you until you came from France—I never knew you till you came down and wanted to marry me, when I was fourteen—your wife is my cousin, and I accused you, but you said that you never were married to her, and could bring proof to show it if it was required—your wife did not come to me in Silver-street, Golden-square, after she left you, and show me her marriage certificate; I never saw it till the policeman got it from the Church—I did not say, in

your father's presence, that she showed me her marriage certificate, and that my mistress did not like her appearance, and forbade her the house—I told you that Uachael came to see me in service, and my mistress did not like her appearance—she told me she was married to you, but you said that she was not—you also said that she had been dead three years, and that you could bring proof to convince me that it was the truth, and, being my cousin, I did not think you would deceive me, I had kept up no correspondence with the family; I only saw my aunt once before in my life, and until I came to London I hardly ever heard of such a person—I knew where one sister was living—you told me that you never were married to Rachael, and, if you had been, that she had been dead three years—I have not heard your friends say that they were led to believe she was dead—you did not accompany me to Silver-street, not before our marriage—you came to Broad-street with me, and left me, and I went down Silver-street by myself—I passed very close to Wardour-court, but did not say, "As we are near relations, why do not you call and see your aunt and cousin?" you always told me not to go—I only called there once—I cannot say in what year that was; it was before I left Silver-street—I had no conversation on the subject—I merely called at the door.

MR. PAYNE. Q. When did you go into service? A. When I was tea years of age—I was at home when the prisoner made me an offer of marriage—I had then been out of place about two months—I had seen his wife two and a half or three years before I was married, and he told me he could prove that she had been dead three years—the time I'saw her was when any mistress would not allow her to come in; she did not go into the house.

EDWARD BOVEY . (policeman, C 85). On 12th Sept. the prisoner was given into my custody by Charlotte Bacon's mother—I took him to the station—he said that it was all a conspiracy got up against him—I produce a certificate of the marriage—I compared it with the register, it is a correct copy—this other is a certificate of the marriage with Charlotte Bacon, from the parish church of Sudbury—I compared it with the original—it is correct—(Read).

Prisoner's Defence. I admit marrying the prosecutrix, but with guilty knowledge I deny; I had every reason to believe that my wife was dead; she absconded, and obtained money under false pretences, in my father's name, and incurred debts which I had afterwards to pay; she went to her friends, and afterwards left them, and has been living with another man, and had a child by him; my father went twice to London to find out where she was, and I searched night and day to find her; after she found out that she had avoided me, she endeavoured to propagate a report that she was dead; I made repeated inquiries in the neighbourhood, and every one I asked informed me that she was dead, and therefore I was led to believe that she was dead, and contracted another marriage; the relationship in which we stood to each other previous to the second marriage would have deterred me, had I not fully believed that my first wife was dead; there was no pecuniary object gained, she was only a servant girl.

GUILTY . Aged 31.

(Inspector Jackson stated that the prisoner had been convicted of an indecet exposure; Charlotte Bacon stated that he used her so cruelly that she was obliged to leave him a fortnight after her marriage; and a cousin of Mary R. Thomas stated that she also left him through his ill treatment.)

Four Years Penal Servitude.

OLD COURT.—Friday, October 31st, 1856.

PRESENT—Mr. Justice ERLE.; Mr. Baron MARTIN.; Sir JOHN MUSGGOVE, Bart, Ald.; Mr. Ald. FINNIS.; Mr. Ald. CARTER.; Mr. Ald. HALE.; and MICHAEL PRENDERGAST, Esq.

Before Mr. Justice Erie and the Third Jury.

Reference Number: t18561027-1002

1002. THOMAS DENNIS was indicted for feloniously wounding Edward Bevan, with intent to murder him.—2nd COUNT, with intent to do grievous bodily harm.

MESSRS. BODKIN. and CLERK. conducted the Prosecution.

EDWARD BEVAN . I am one of the trade warden in Pentonville prison—there is a ward there in which trades are taught to the convicts. On 9th Oct the prisoner was in confinement in the prison under sentence—on that day he was in the trade ward—he was learning the trade of a shoemaker—he was provided with a set of tools such as are used by shoemakers, a knife, a rasp, a seat, a file, a hammer, pincers, nippers, and rubber—on 9th Oct. I observed the prisoner do something which was contrary to the rules of the prison—he was turning, in order to speak to other prisoners while at exercise in the rope yard—he nodded his head to speak to other prisoners—the rules of the prison with regard to speaking to other prisoners were perfectly well known to him—they were read to him on the first day of his admission, and they are read once a month during the time they are in the prison—he can read them himself, he is a first class prisoner and able to do so—they have a copy of the rules hanging inside the cell doors—I did not speak to the prisoner about this at the time, but I gave orders to another warder who was there to send the prisoner to his cell—next morning I reported what I had seen to the governor, that was my duty—the prisoner was taken before the governor at a quarter past 9 o'clock in 'the morning; was present—the governor said it was bad conduct, and he should punish him for so doing, and he ordered me to open the door to send him to his cell again—no punishment was ordered at that time—he works at his trade in his cell—the prisoners have bells in their cells, and as they ring them a number projects from the wall, so that you can see which prisoner wants yon—about 20 minutes past 12 o'clock I heard the prisoner's bell ring—I went to his cell and opened the door, but did not go in—he said he wanted a sole for the shoe which he was then making, as the sole he had got was not large enough—I told him I would go and get a sole for him, as I had not one with me at that time—I went away, and returned in about two minutes—I went into his cell and picked the shoe up off his seat, and the sole as well—he liad thrown the sole on the floor for me to pick it up, when was there before, but I would not stoop to pick it up for him—I then took the shoe to go and get a sole for it, and as I was leaving the cell with my face outwards, the prisoner came behind me and struck me in the left shoulder—I turned round and said, "26, you have struck me; I shall report you in the morning for this occurrence"—he then sprang on me, caught me round the upper part of the muscles of the arm and wrestled with me to try to throw me down—I had the use of my arm, and the shoe in my hand with the last in it, and I struck him over the head three or four times till he released me from his hold—he then took a pair of claws, which are tools used for closing, brought them across his shoulder, and said, "You b——, I will knock your brains out for you"—I then retreated baokwards

wards out of the cell and shut the door after me—I called out for the assistance of warder Laffan—he came on the third time of my calling, but previous to his coming, I felt a severe pain in my shoulder every time I breathed—I told him that 26 had struck me, he said, "Good God! there is a knife sticking in your shoulder now"—and he pulled the knife from my shoulder—this is it (produced)—when I gave this knife to the prisoner it was nearly as wide at the point as it is at the end, it was only a piece of a knife without a handle, used for scraping the bottom of the shoes—he has sharpened it and placed a handle to it—the handle belongs to a seat file which I have here (producing it)—the knife has been sharpened at both sides and at the point and filed down at the back—I gave it to him on the 4th—there had been no angry words between the prisoner and me before this, no further than my reporting him for being idle and neglecting his work—I never told him of it, it was not my duty to do so—he knew I should report him, by sending him in from the yard on the previous day.

Cross-examined by MR. ROBINSON. Q. What did you say when you went into his cell the first time? A. All I said to him was, "What do you want, 26?"—that is his cell number—he was sitting on his cell stool with his right hand in his jacket pocket—with his left he threw the sole on the floor and said, "I want a sole for this shoe," in an insolent manner—he was about four feet from me—I said nothing to him at that time, I only shut the door and left him—I said I had not got a sole with me, I would go and fetch one—I then went to No. 36, which was an empty cell, where 1 kept my tools and spare work, to see if I had got a sole to suit him, but I had not—I did not pick up the sole he threw down—he did it in rather an insolent manner—I said nothing to him about that—I did not feel a bit irritated, I thought it impertinent, and I should have reported him for it on the following morning—I did not tell him ao—I dare say I did fed a little annoyed—I came back to his cell in about two minutes and said, "Now, 26, what is it you want?"—he said, "This sole is not large enough for the shoe I am making"—I then took the sole and the shoe and found it was not big enough, and was in the act of leaving the cell to get another for him—I have related all that passed—I did not show any symptoms of irritation when went in the second time—I was going out when he struck me in the back—I did not immediately turn round and strike him—I turned and said, "26, I shall report you for striking me in the morning"—he clasped me round the upper part of my arm, and I struggled with him—it was then that I struck him with the shoe—that did not knock him down, it released him from me—he is not five feet high I think—I do not know what he was here for—the last time I had seen this knife was when I gare it to him on 4th Oct.—I gave him all his tools at that time.

MICHAEL LAFFAN . I am a warder at Pentonville prison. I was called to by Bevan on the morning of the 10th—I went to him in the gallery and took from his shoulder the knife produced.

THOMAS HURST . I am a warder at Pentonville prison. After this occurrence took place, the prisoner was placed in the refractory ward—on the morning of 11th Oct. I went there with another warder to see him searched—the other warder said to the prisoner "I am afraid this will be at bad job for you, my man; Mr. Bevan, I understand, is very ill, and not likely to recover"—the prisoner replied, "A good job too; I hope the b—will die."

Cross-examined. Q. What time was this? A. Between 6 and 7 o'clock on the morning of the 11th—the other warder is not here.

CHARLES BRADLEY . I am surgeon at Pentonville prison. On the morning of 10th Oct. I saw Bevan—I found him bleeding from a wound in the back—I examined it—it was a punctured wound, about half an inch in width, with a direction downwards and outwards, just above the blade bone, and from the symptoms shown by the warder afterwards, I ascertained that the knife had penetrated the chest and wounded the lungs—the wound was of a dangerous character; it was just above the blade bone, on the left side, between the blade bone and the spine, about two inches and a half from the central line of the back—it had reached the Iung—the bkde is about three inches long—I did not expect that two inches oould have reached the lung, hut it had done so, for he spat blood as he went home, which blood would only have occurred from the lung having been wounded—it must have been done with considerable force.

Cross-examined. Q. How do you know that he spat blood? A. I saw some blood in the vessel where he spat—there was evidence of the lung having been wounded, there was evidence of irritation of the lung for some time afterwards.

EDWARD BEVAN . re-examined. I spat blood for seven days successively, I bad never done so before this.

GUILTY . on 2nd Count.— Transported for Fourteen Years, at the expiration of his previous sentence.

Reference Number: t18561027-1003

1003. WILLIAM GAYLOE was indicted for feloniously killing and slaving Elizabeth Gaylor.

MR. PAYNE. conducted the Prosecution.

(There was also a Coroner's Inquisition in this case, by which the prisoner was charged as an accessary before the fact to the murder of his wife, she being felo de se. MR. BODKIN, for the prisoner, applied that the Indictment for manslaughter should be proceeded with, the Grand Jury having found that bill upon the same facts as were before the Coroner's Jury. MR. PAYNE, for the prosecution, saw no objection to the Jury being charged both with the Indictment and Inquisition. MR. BODKIN. submitted, that such a course would embarrass the prisoner in his defence, and, at the suggestion of the COURT, the charge for manslaughter was proceeded with.)

PHILLIPPA DUPPA HOWE . I live at No. 2, Camomile-terrace, Well-street, Hackney, and have done so for fourteen months. The prisoner and his wife, the deceased Elizabeth Gaylor, lived in that house—she was a young woman, about twenty-seven or twenty-eight years of age—the prisoner is a carpenter—they had two children, the youngest was about twelve months old—on the Tuesday before she died, the deceased complained to me that she had got a headache—on the Wednesday morning she was taken very sick indeed—I heard her from my room, and I went to her and asked her if anything was the matter, if she felt ill—she said yes, she was very sick and relaxed, besides; what she brought up was yellow, and I said, "Bless me, how bilious you are"—she made me no answer—she was still very sick, and vomited very much—I took her in a cup of coffee, and she brought that up—she asked me for it—I took her in a second one—she was still sick—she then asked me to make her a cup of tea—I did so—she remained quiet a little, and then she was sick again—I should think that was about 4 o'clock—she got up between 4 and 5 o'clock on the Wednesday afternoon and said she would make herself a cup of tea, which she did, and she asked me to reach down a piece of bacon in the cupboard, which I did—she did not eat any while I was there—I saw her again on the Wednesday night, I put the baby to bed, it slept with me, I brought it up by hand—on Thursday morning,

between 6 and 7 o'clock, I heard her moaning, as if she was retching—I went in and asked her if she did not feel so well—she said, "Oh, I am dying"—she was in bed—she said, in a very low tone, "Oh, good God! I shall die; will you give me a cup of coffee?"—I went in to light my fire, but before I lit it I heard her moan, I went in again, and I saw there was a change—I sent for the doctor, he came in less than five minutes, but when he came she was dead.

Cross-examined by MR. BODKIN. (with MESSRS. COOPER. and RIBTON.). Q. Was she a woman of a delicate constitution? A. Yes, I believe she was—the prisoner slept in the house that night—he goes out early in the morning, about 5 or 6 o'clock, the policeman generally calls him—I knew them living together for fourteen months; they used sometimes to have two or three little words with each other, but she was very deaf, and he spoke loud to her—they appeared to live as comfortably as most people in that station of life—she was fond of her children, and I think he was a good father and a good husband.

MR. PAYNE. Q. Did the prisoner say anything to you on the Thursday morning after his wife's death? A. No; nor on any morning that I am aware of—I was examined before the Coroner—he said nothing to me about getting anything for her.

JOHN VINALL . I am a surgeon, living in Casland-terrace, Hackney. On Thursday morning, 16th Oct., I went to the prisoner's house, No. 2, Camomile-terrace, at near 7 o'clock—I saw the deceased—she had been dead a short time, she was in bed—there was nothing to tell me at that time of what she died—I saw the prisoner a little after 12 o'clock, that same day, at his house—he said that on the previous evening (Wednesday), at the request of his wife, he went to Mr. Stanford's, a chemist, in Homerton, and purchased two ounces of sulphate of potass, as she wished to take it for the purpose of procuring abortion—I believe he also said that she had attempted to procure abortion when in the family way with the former child, and that he was quite innocent, that he purchased it quite innocently—I asked if she had taken it all—he said he did not know, if there was any left it would be found up stairs—by the desire of the Coroner I made a post mortem examination of the body, on the Friday following—I took out the stomach and intestines entire, without opening them, and conveyed them in a sealed jar and bottle to Dr. Letheby—I found no disease at all to account for death—I also sent to Dr. Letheby two cups, a spoon, and a piece of carpet—there was a small sediment of white powder at the bottom of each cup—a paper was given to me, on the Saturday after, by a Mrs. Room—I was present when the stomach and intestines were opened—the uterus was unim-pregnated, she must have made a mistake about being in the family way.

Cross-examined. Q. When the prisoner spoke of her having wished him to purchase something, did he say it was to prevent her being in the family way, that she did not like to be in the family way? A. No, it was to procure abortion, to procure miscarriage—it was not that she had a great disinclination to be in the family way and wanted this stuff to prevent it, it was for the purpose of procuring her miscarriage—that was the substance of his communication, the exact words I cannot recollect—the meaning of his words was that she did not wish to have another child.

CHARLOTTE ROOM . I lived next dddr to the prisoner and deceased. I have known them about two years, living next door to me, as man and wife—they lived comfortably together for anything I know—her health was delicate—lately I thought she was rather better—I last saw her alive on

the Tuesday before, her death—she was then cleaning, and appeared in pretty good health—I saw her dead on the Thursday morning, about half post 12 o'clock—on that same day I was in the room in which she died—I found two cups on the hob, a piece of paper in the stove, with "sulphate of potass" written upon it, and another paper, with powder in it, in a box under the bed—I delivered them to Mr. Yinall—there was a spoon in one of the cups—a piece of carpet was given to the inspector.

THOMAS VALENTINE STANFORD . I am a chemist and druggist, in High-street, Homerton. On Wednesday evening, 15th Oct., the prisoner came to my shop, about five minutes to 10 o'clock, and asked for two ounces, of sulphate of potass—I said at first I thought I had not any—he said that he could not get it anywhere in Homerton, none of us kept it—I afterwards found some and sold him two ounces, he paid 6d.—he said he had plenty in his work basket, at the shop, but he wanted to use some particularly that night, he was generally in the habit of getting it at one place—I gave it him in paper, it was not written on—I believe this (produced) to be the paper I gave it in—I should say about an ounce and a half would kill a grown person.

HENRY LETHEBY . I am a bachelor of medicine, living in Finsbury-square, and am lecturer at the London Hospital I received from Mr. Yinall a jar and a bottle, sealed, and two cups—I found in each of the cups a quantity of white powder, which on analysis I found to be sulphate of potass, and the quantity in the two cups amounted to seventy-four grains—the jar contained the stomach and intestines of an adult—I examined them—I found the stomach and upper part of the small intestines very much congested with blood, as if an irritant had been acting upon them—the interior of, the stomach displayed precisely the same appearance—the stomach contained about a small table spoonful of thick matter, which upon analysis yielded this sulphate of potass (producing it)—the intestines also contained a quantity of thick mucus, which is generally poured out under the influence of an irritant on the intestines, and upon analysing it it furnished this sulphate of potass (produced)—a piece of carpet was given to me—I examined the matter which had been vomited upon that, and found sulphate of potass in it, which I have here—I found this pocket at my laboratory—I opened it, and found in it this paper, containing 181 grains of sulphate of potass—the quantity in the tea cup and paper amounted to about half an ounce—supposing the paper to have originally contained two ounces, an ounce and a half would be gone from it—having heard the account given of the symptoms of the deceased, and having seen the stomach very much irritated, ana having found sulphate of potass there, my opinion is that death arose from sulphate of potass—an ounce and a half would be sufficient to kill a person—sulphate of potass is named in works on toxicology as a thing which in large doses produces poisonous action.

Cross-examined. Q. Have you heard the symptoms of the deceased described on the Wednesday? A. I have—I think it likely that those symptoms were caused by the action of the same agent, I mean the sickness—if the vomit on the carpet was the result of the sickness on Wednesday, I analysed it, and it contained sulphate of potass—it is not mentioned as a poison in works on toxicology—it is used for perfectly innocent purposes, it is very often used as a purgative; in small quantities I think it would not be likely to be prejudicial.

MR. PAYNE. Q. Do you know whether there is any notion that it will

procure miscarriage? A. I only know it from French records; I believe it is a very popular medicine on the continent for that purpose.

JONATHAN BECK . (policeman, N 228). I took the prisoner into custody at his own house—I told him it was for causing the death of his wife—he said he was very sorry, and he never thought it would come to this—on the way to the station, he said that his wife had purchased some twelve months since, when she was pregnant with her other child, which is now living, and he also stated that his wife came to him on the Monday as she died on the Thursday, to his work in Ironmonger-lane, City, for the purpose of his going to purchase some of this sulphate of potass, which he would not, and on the way home, in the Hackney-road, she went into a chemist's shop and purchased something—I asked him what it was—he said it was sulphate of potass, bat he did not say how much.

SAMUEL EASTMENT . (police inspector). On searching the gown of the deceased, I found a small white powder in the pocket, I had the pocket cot out and delivered it to Mr. Vinall—it is the packet that has been produced.

CHRISTOPHER WHEELER . I am a pharmaceutical chemist. I know this piece of paper—it contained sulphate of potass—to the best of my knowledge, I sold that to a man, not to a woman—I cannot state the exact time when, it was within a fortnight of the deceased's death—I should not recollect the person to whom I sold it.

Cross-examined. Q. Perhaps you know it was not the prisoner? A. I cannot swear, I cannot say one way or the other.

MR. BODKIN. submitted, that there wag no case for the Jury, manslaughter not being an offence to which there could be accessaries in point of law; this was a doctrine clearly laid down in Hale; the only question was, whether the 11 and 12 Vict., c. 46, sect. 1, made any alteration in this respect. (MR. PAYNE, in opening the case, had relied upon this statute;) he (Mr. BODKIN.) contended that that statute only applied to those cases susceptible of an accessorial charge; it created no new offence, and left the law as to manslaughter as it existed before. MR. RIBTON, on the same side, urged, supposing the 11 and 12 Vict, not in question at all, that there was no evidence of manslaughter; the question did not arise here what offence the woman herself had been guilty of; but he submitted, that there was no evidence of the death being attributable to the act of the prisoner, nor any evidence of his being present at the time the powder was taken, or at the death. MR. JUSTICE ERLE. was of opinion, that the matter involved some difficulty, and would reserve the point upon the finding of the Jury.

THE JURY. found, in answer to questions separately submitted to them; 1st, that the prisoner bought the sulphate of potass, and gave it to his wife for the purpose of procuring abortion; 2nd, that her death was caused by taking part of that wldch he gave her; and, 3rd, that there was no proof of his being present at the time she took the sulphate of potass.

GUILTY . Aged 28.— Judgment reserved.

Reference Number: t18561027-1004

1004. WILLIAM SALT HARDWICKE and HENRY ATTWELL feloniously forging and uttering an order for the payment of 410l. 7s. 4d. with intent to defraud.

MESSRS. BODKIN. and SLEIGH. conducted the Prosecution.

AUGUSTUS BAILEY BUSHNELL . I am a cashier at Messrs. Gosling's, the bankers, in Fleet-street. Mr. Alfred Turner, a solicitor, of Red Lion-square, keeps an account at our house—on 28th June last this cheque (produced)

was presented to me for payment—I paid it in eight 50l. notes, and the rest in cash—the numbers of the nates were 89958, 95701, and 96702, dated 8th, Nov., 1856; and 00640, dated 6th Feb., 1866; 02503 and 01021, doted 6th Feb.; 09165 and 98730, 8th Nov., 1855—I do not know who the person was that presented the cheque—while I was cashing it, I saw the prisoner Hard-wicke at the counter—he asked me if I knew where a Mr. Richards was to be found—I did not know, but he interrupted me in paying this cheque, and I desired him to wait until I had finished paying the cheque—he said he held a bill drawn on some other party, and he could only get at the acceptor, through Mr. Richards; that be understood the patty had returned from abroad, and he wished to know where Mr. Richards lived, in order that he might get at that party—I desired him to wait till after I had paid the cheque, and then I made inquiry where Mr. Richards was—a Mr. Owen Richards formerly kept an account at our house—Hardwicke gave the Christian name—Mr. Richards was known, but we did not know where he was—the greater part of this conversation occurred after I had paid the cheque—he spoke to me before I paid the cheque, then he waited, and then be interrupted me again.

MART MEEK . I am the wife of George Meek, of No. 20, Nelson-square, Blackfriars-road. At the latter end of May last Hardwicke and his wife engaged lodgings at our house—they remained there from 28th May till he was taken into custody—I was present when the officer, Scott, searched the three rooms which they had occupied.

GEORGE SCOTT . I am a detective officer of the City police. On 18th Sept. I searched Hardwicke's lodging, at No. 20, Nelson-square—Mrs. Meek pointed out the first floor back room to me, and in that room, among other things, I found this bill of exchange.—(This was a bill for 28l. odd, dated Feb. 23, 1848, drawn by Owen Richards, on G. W. Whitaker, solicitor, No. 5 Heathcote'Street, Mecklenburgh-square.)

AUGUSTUS BAILEY BUSHNELL . re-examined. To the best of my belief, this is Owen Richards' writing—I believe it is a genuine bill.

ALFRED TURNER . I am a solicitor, in Red lion-square. In June last I kept an account with Gosling and Co.—the signature to this cheque is not mine—uo part of it was written with my knowledge or authority—it was not drawn in my office—the signature is very much as if it had been traced from mine; it is not strong enough for mine—I should say the filling up is an imitation of the writing of my clerk, Mr. Wilson—he generally fills up my business cheques—early in March this year I lost a leather case—I think it is possible that there might have been one or two blank forms of cheques in it; there was also a confidential letter from a client at Oxford addressed to me, and the case had my name and address on it—I have no doubt there might have been one blank cheque in the case; I think I can state there was one—I know Attwell as the person who represented himself as Hunter, when I signed a cheque for 103l.—before that I had no knowledge of him.

Cross-examined by MR. SERJEANT BALLANTINE. (for Hardwicke). Q. How are you able to say that there was a cheque in your pocket book when you lost it? A. Because I had taken out two cheques, for the purpose of some private business; I recollect there being one.

Cross-examined by MR. DICKIE. (for Attwell). Q. Do you distinctly recollect the circumstance of Attwell calling on you? A. Perhaps I might mention that, when the first demand was made for the 38l., I happened to be in the office, when a person called, and paid it in gold, and I took the money and handed it over to Mr. Wilson—I do not see that person here—it was a

genteel-looking young man—I am quite positive of Attwell, and I will tell you why; when the second debt was called for, I was coming into the office just as the person who called himself Hunter was coming out, and I went back into the office with him, and signed the cheque, and Mr. Wilsen gave it him; therefore I am positive of his identity.

ROBERT WILSON . I am managing clerk to Mr. Turner. In April last Attwell called, and instructed me to make application for the payment of an I O U—he said his name was Hunter, and he resided in Pakenham-street, Gray's-inn-road—he instructed me to write to a Mr. Hesp, No. 58, Charrington-street, Oakley-square—he handed me an I O U for 38l. 18s. 6d.—he was a stranger to me, and I asked him if he knew Mr. Turner, or who had recommended him there—he said Mr. Turner had done business for him before—upon that I wrote for the payment, and soon afterwards the amount of 38l. 18s. 6d. was paid into the office; it was received by Mr. Turner, and I subsequently sent the I O U by post—a day or two after the receipt of the money Attwell called at the office, and I paid him the 38l., in bank notes and gold—on 19th June Attwell called again—he then gave me instructions to write to a Mr. Hart, No. 6, Milton-street, Euston-square, for the payment, on an I O U, of a sum of 103l. 15s. 6d.—in accordance with his instructions, I wrote to that address, and within a day or two the amount was paid, by a 50l. note, and the rest in gold—I paid it into Gosling's, to Mr. Turner's account—on 24th June Attwell applied to know whether the money had been recovered—I told him that it had, and filled up this cheque (produced), procured Mr. Turner's signature to it, and handed it to Attwell—he signed this receipt for it—on 26th Sept I went to Yarmouth, and there saw Attwell in custody—I immediately identified him.

Cross-examined by MR. DICKIE. Q. Are you quite sure that Attwell called himself Hunter? A. Quite—he did not say that he represented Mr. Hunter, or that he was acting for Mr. Hunter—I am quite sore of that.

MR. BODKIN. Q. Is that the receipt which he signed in your presence? A. Yes, it is signed, "H. Hunter"—I saw him sign that.

JOHN REES . I now live at No. 3, Brownlow-place, Queen's-road, Dalston. In April, May, and June last, I lived at No. 10, Pakenham-street, Gray's-inn-road—during those three months no person named Hunter lodged in that house—Attwell did not live there—I never saw him, to my knowledge, until he was in custody.

ELIZABETH SHOEBROOK . I live at No. 58, Charrington-street, Oakley-square. On Tuesday, 1st April, a gentleman called at my place and engaged a front parlour; he gave the name of Hesp—he paid me a deposit of 2s—he was to pay 6s. a week—he said he was going out of town till Thursday, and should his luggage come and any letters would I take them in for him—two letters came—on Thursday he knocked at the door, and asked if any letters had come—he walked into the back parlour, took the two letters, and walked off in a moment, and I never saw him from that time to this.

ELIZA BREWER . In June last I lived at No. 6, Milton-street, Euston-square. In that month a person called, and hired a front parlour—he gave the name of Hart—a letter came for him on the Tuesday evening—he called on the Wednesday morning, and I gave him the letter—another letter came on the Friday, which he called for on the Saturday morning, and I never saw him afterwards—he never slept in the room or occupied it.

EDWARD PAYNE . I am a clerk in the house of Gosling and Co., bankars.

On 21st Jane, 202l. 13s. 4d. was paid in to the credit of Mr. Alfred Turner's account—one of the items of that account wag a 50l. Bank of Eogland note, No. 95320, dated 8th Nov.—there were some drafts, and 54l. in gold.

HENRY HOLMAN SMITH . I am a clerk in the issue department of the Bank of England. This 50l. note, No. 95320, was issued on 21st June; gold was given for it—the name of "Harding, No. 48, High-street, Bow," was given by the person to whom it was issued.

JOHN MOSS . I am a detective officer of the City. I have been to High-street, Bow, to look for a Mr. Harding—there is no No. 48—I could not find any such person.

ROBERT WILSON . re-examined. When the last debt was paid, a 50l. note formed part of it—I did not take the number of it, but I can recognise this as the note; I wrote on it, "Hart, 21-6-56," meaning 21st June, 1856—I paid it into Gosling's.

AUGUSTUS BAILEY BUSHNBLL . re-examined. I paid this cheque for 103l. fe 10d. on 24th June, with a 100l. Bank of England note, No. 91657, dated 9th Aug., 1855, and 3l. 8s. 10d. in cash.

RICHARD ADYE BAILEY . I am in the bank note accountant's office, Bank of England. This 100l. note was presented to be changed for gold on 25th June—the name of "William Matthews, No. 10, Old-street-road, Middlesex," was given.

GEORGE CLARK . I keep a coffee house at No. 10, Old-street-road, and kve done so for the last three years. During the whole of that period, no person named Matthews has lived there to my knowledge.

WILLIAM HARDY . I did reside at No. 7, Euston-mews, Euston-square, I now live at No. 50, Drummond-crescent. I have been in the service of Colonel Portlock, of Woolwich; I left on 27th June—being then out of a situation, I advertised in the Times—I received a letter, in consequence of which I went to see a person of the name of Taylor, at No. 76, Albert-road, Regent's park—I went there, and saw a person, and made an agreement to enter into his service—he did not say what I was to be, but it was something of an under clerk as I understood—I was to have a guinea a week—he appointed to meet me next day, at half past 1 o'clock, at the University hotel, Tottenham-court-road—I went there, and found him in the coffee room—he gave me a cheque for 410l. 7s. 4d.—I could not swear to the cheque—it was like this (produced), and was on Gosling and Sharpe's, Fleet-street—I took it there—he told me to ask for eight fifties, and the rest in gold, and to bring it to No. 76, Albert-road, where I had first seen him—after I had received the money at the bank, I went towards Albert-road with it, and when I got to Mornington-crescent I met Mr. Taylor, and gave him the money—he said he was going off to Liverpool by the next train—he gave me half a sovereign, and I was to hear from him further about the situation—I have never seen him since, or heard from him.

(MR. SERJEANT BALLANTINE. here stated, thai he was unable to resist the evidence in this case, and that Hardwicke would, under his advice, withdraw his plea, and plead Guilty. MR. BODKIN. considered, that as the Jury were charged, the proper course would be to take a verdict of guilty at the dose of the case.)

JOHN BEATTIE . I am manager of the Temple-bar Branch of the Union Bank of London. On 2nd July last a female called at the bank, and said she wished to send 20l. to Hamburg for Mr. Richard Gurney; she gave the name of "Mrs. Wilson, High-street, Woolwich"—I received the money

from her, and advised it to our correspondent's at Hamburg; the effect of that would be to give Mr. Richard Gurney credit at that house for 20l.—in Sept. I went down to Yarmouth, and there saw the person who had represented herself to me as Mrs. Wilson; she was there known as Mrs. Ralph—I afterwards saw her in custody at the Mansion-house with Hard-wicke.

RICHARD MULLENS . I am solicitor to the Committee of Associated Bankers in London. In consequence of a communication made to me from Yarmouth, I went there on 24th Sept., and found the two prisoners in custody—on the 25th, they were brought before the Magistrates there, and Hard wicke answered to the name of Ralph, and Attwell to the name of Attwood—I had an interview with Hard wicke, at his own request—I saw his wife there—she was the person that was seen by Mr. Beattie—on the following day, I had another interview with Hardwicke, and then he told me that his wife had gone to the Union Bank by his direction, and that he, in the name of Gurney, bad received the 20l. at Hamburg—his wife was at that time in custody—after this statement of his, I told the Lord Mayor that I did not think it right to offer any evidence against her, and she was discharged—I had never, to my knowledge, seen Hardwicke before—at first, he denied ever having been at Hamburg, but the next day he admitted that he had.

MARIA AUGUSTUS NATHANIEL PFINGSTHORN . I manage the business of Messrs. Stressau, bankers and money changers, at Hamburg. On 5th July last, the two prisoners called at our house; Hardwicke presented a drift on our house for the value of 20l., English money—I paid him the amount in French gold, and the balance in Hamburg currency—he signed a receipt on the back of the cheque—this is his signature, "R. Gurney"—he signed it in my presence—he then said that he had been recommended to me by Messrs. Bauer and Co., the drawers of the cheque, to change some hundreds of pounds of Bank of England notes—I agreed to change some for him—Attwell then drew out of his pocket a parcel, and took out four 50l. notes, and laid them on the counter—my clerk took the numbers, and gave him the change—the prisoners then spoke together, and concluded to change four more 50l. notes—Attwell also produced them out of his pocket, and we gave him the change—I have here the numbers of the notes (Reads: "02502, 01021, 00640, 89958, 95701-2, 99165, and 98730").

Cross-examined by MR. METCALFE. Q. Is that your memorandum taken at the time? A. Yes—I did not take the dates, only the letters "LK" and "L"

RICHARD ADYE BAILEY . re-examined. The letters always represent the date and denomination—those marked "I," were all dated 8th Nov., and the others, marked "LK," were all dated 6th Feb., 1856.

CHARLES HENRY CHAMBERLAIN . I am a solicitor, at Great Yarmouth. On 30th Aug., Attwell called on me, he gave the name of Mr. Henry Att-wood—he said that he wanted me to write to a Mr. Edward Dixon, of No. 18, Compton-street, Gray's Inn-road, London, who owed him 104l. for goods sold—I asked him his own address, and he gave me the Angel Inn, Yar-mouth—I asked him several questions, and he went on to say that Mr. Dixon was one of those sort of persons who never would pay his debts unless under some sort of pressure, but he had not the slightest doubt he would remit was the money—I wrote by the same post—this (produced) is my letter—I received, in reply, a letter promising the money in a few days; and afterwards received 104l. 3s. 5d. through a bank at Yarmouth—in consequence of some communication that I had with other solicitors, in Yarmouth, I

saw Attwell on 15th Sept, and asked him to give me an address—he at first said he would not give me his London address, but he would give me his address in Yarmouth, he would point it out—I said that might be reasonable, and he should have a cab—he then said, "No, gentlemen, you know your business, and I understand mine, I shall do nothing of the kind"—I said, "The circumstances are so suspicious that I shall desire you to be taken into custody," and he was taken—this letter of mine, I saw found at his lodging in Yarmouth—these promissory notes were taken from his person, my name is on the back of one of them—(These were two I O U's for 104l. 3s. 5d., signed Eduwrd Dixon, and 105l. 14s., signed Henry Jones).

CHARLES JOHN PALMER . I am a solicitor, in practice at Great Yar-mouth. On 30th Aug., Attwell called on me—he said his name was Henry Attwood, and requested me to write to a person named William Jones, of No 13, Union-terrace, Bagnigge-wells-road, London, for 105l. 14s., which be stated was due to him—I asked him for the particulars of the debt—he said he had not the particulars with him, but it was partly for goods sold, and partly for money lent—I wrote to the address he gave me, and afterwards received the amount—this is the letter I wrote.

HENRY BLAKE MILLER . I am a solicitor, at Norwich. On 1st Sept, Attwell called on me, representing himself as Henry Cornwall, and wished me to apply to a Mr. W. H. Jones, living at No. 13, Union-terrace, Bag-sigge-wells-road, for payment of 105l. 14s., which he aaid was due to him—did so, and about ten days afterwards received a communication, and afterwards received the amount through a banker's.

HENRY BARNES . I ant an officer of Great Yarmouth. In consequence of instructions given to me, I took Attwell into custody, at Messrs. Reynolds and Palmer's office—I searched him, and found on him these two I O U's; and at his lodging I found these three letters, and some bills—these are the three letters written by the three solicitors—I searched Hard-wicke's lodging, he was then known by the name of Ralph—I there found a 1,000l. Exchequer bill, and a revolver pistol.

(Hardwicke was further dwrged with having been before convicted)

SAMUEL COOK . I produce a certificate from the clerk of the peace's office, for the borough of Plymouth—(This certified the conviction of William Hwdwicke, alias Salt, in April, 1837, of larceny, and that he was sentenced to be transported for seven years)—I was present at the trial—Hardwicks is the person there referred to.

HARDWICKE— GUILTY . Aged 62.

ATTWELL— GUILTY . Aged 24.

Guilty of uttering.—

Transported for Life.

Reference Number: t18561027-1005

1005. EMMA RILEY was indicted for feloniously killing and slaying a certain male child, born of her body, and called Richard James. She was also charged on the Coroner's Inquest with the like offence.

MR. SLEIGH. conducted the Prosecution.

SARAH CALLIS . I am a nurse, at the lying-in ward, at St. Pancras work-house. The prisoner was confined there of the deceased child, on 29th May, and remained there for a fortnight and three days afterwards—I saw the child continually during that fortnight; it was in very good health, quite a full grown, healthy child—I am a marriod woman—it was a very fine child torn, and so it remained till it went out of the house—the prisoner appeared to be healthy during the whole of the time; she had plenty of milk—she seemed to be very fond of her baby, and paid proper attention to it.

Cross-examined by MR. W. J. PAYNE. Q. She was in very great distress

when she came in, was she not? A. So I heard, I had never seen her before—I believe she is eighteen years of age.

MATILDA WRIGHT . I am the wife of John Wright, a shoemaker, of No.2, Haverstock-street, Camden-town—he is the master of the young man who is said to be the father of the child—the child died at my house, at half past 4 o'clock in the morning of 11th Sept.—it was with me from the 8l.—when the prisoner came out of the workhouse, she came to our house, and was with the child's father, and I saw the baby every day, and nursed it, and when it cried and the prisoner was out I suckled it—she suckled it at various times during that week—she did not pay proper attention to it—she was very neglectful of it, and I have seen her shake it and beat it, and she did not keep it clean unless she was told to do so—she smacked it with her hand, and shook it—I have remonstrated with her about it, and asked her if she thought so young an infant could know what she shook and smacked it for—on the Monday, the prisoner's mother came out of the infirmary, and she abused the young man, James Evans, and insisted upon the prisoner going away with her and leaving him, and she did so, with the chili—Evans lives with his father, but he works with my husband when he is slack—he is no relation of mine, but he calls himself a cousin, because my husband's father married his aunt—during the weeks she was at our house, she would stop out a long while when she went out of an errand, and the child would cry, and I have sometimes suckled it—she had plenty of mill—I continued to see the child occasionally, sometimes two or three times a week, up to July, in her arms—she has brought it to my room and had it there with Evans—I did not notice that there was anything the matter with it, it seemed pretty well—I have taken it and fed it—I did not see any difference in it up to the end of July—she once brought the child to my room, and threw it on the table before Evans, and told him he was to take his child and keep it, for she could not, if he did not allow her pay for it—she did not put it down as an affectionate mother would—her mother abused him very shamefully, indeed—Evans would have married her if it had not been for the mother; he spoke to the missionary, and forgave her all she had done wrong—the child was left with me on that occasion, and he fed it, and took it to his mother to bring it up, that was early in the evening, and about 10 or 11 o'clock that night the prisoner and her mother came and kicked up a bother, and insisted on having the child again—on account of that, I forbade her coming to my place, and I did not see it any more till she brought it on 8th Sept., three days before it died; she then said she had been to the doctor's with it, and she had brought it for the father to see it before it died, for the doctor said it was dying for want of proper nourishment, and he had ordered it port wine and beef tea—I asked her to bring it up stairs—she at first refused, but afterwards came up with it, and I made it some sago, with a little port wine in it, and fed it—I then asked her what she intended to do with it—she said she did not know—she left it with me that night—it appeared exhausted and sinking from want—the child had no notion at all of sucking when it came to me then—I could not say whether the prisoner had a proper supply of milk then, I did not see her breasts—she said she had an order to take it into the infirmary—I said that was the best thing she could do with it—she said she did not see why she should bury her days in the infirmary for the sake of the child—Evans said she should either leave it with him or take it to the infirmary—I said I would go with him to see about her not dragging it about the streets any longer, and then she cried, and said she would leave it

and she left it with me—I did the best I could for it until it died—I took it to Mr. Parker, the surgeon, in the Hampstead-road, but it was too for gone.

Cross-examined. Q. When the prisoner's mother came and made a bother about the child, was it not because Evans refused to allow the prisoner anything to support it with? A. The reason he refused was because she abused him in July, and struck him in the street—he had given her money on the Saturday night previous, to my knowledge, but he had not got any then—I cannot say how much he has given her, but I have known him give her 1s. 6d. and shillings once or twice—he used to give her money three or four times a week, sometimes he would give her a trifle, and he has given it to me to give to her—I know he gave her as much as 7s. 6d. altogether, if not more—the child died on 11th Sept, at half-past 4 o'clock in the morning, it was then in bed with me—I was not asleep at the time it died—I sat up with it till 3 o'clock expecting its death, and then I laid down with it, but I got up just as it was dying—I am quite certain that no portion of the bed clothes, or of my clothes, covered its face so as to stop its breathing—it lay in my arms the same as my own child would—I am certain I could not have touched its mouth so as to I stop its breathing, I did not sleep sound enough for that, it was on my left arm—I heard the prisoner say to Evans, at the time she struck him, that if he would not let her have some money, she would beat some out of him—at night, when she asked for money, he gave her some greens and potatoes, and that was the last 6d. he had—the last time that the prisoner saw the child before its death was on the Tuesday, it was better then, it seemed to rally a great deal—I do not know that the prisoner's mother was attacked with typhus fever on the Wednesday, or that the prisoner was sickening for it—I do not know anything about it.

JOHN WRIGHT . I am the husband of the last witness. Evans was in my employment—I remember the prisoner bringing the child to my house from the infirmary—it appeared to be healthy then—between the 1st and 4th of last month, I went with Evans to the prisoner, to ask her to give up the child to him to support it—she was not at home then, but we met her about 2 o'clock in the morning in Camden Town—she was sober—she had not the child with her—Evans asked her to give up the child for him to support it—she said she would, and she went to get it, but did not come back—we went to her lodgings, but did not see her, we met her mother going home with the child—Evans asked her for the child, but she would not give it up—he gave the prisoner in charge to two policemen, for wilfully starving it, I but they refused to take the charge, because, they said, it was a parish case.

Cross-examined. Q. Bid you hear the prisoner say that Mr. Jeffreys, the parish doctor, had ordered the child beef tea and port wine, and that Evang refused to give her any Inoney, but wanted to take the child away, and she could not give it the nourishment it ought to have? A. Yes—ponkin was one of the policemen that Evans spoke to—I saw him look at the child and say, "It looks well enough, it appears clean and comfortable"—I did not look at it myself.

JAMES EVANS . I used to live along with Mr. Wright—I have known the prisoner for some time—I saw the child on the Saturday afternoon as it came out of the workhouse—I have given the prisoner money for its support—I cannot say exactly how much altogether, but she had a good bit of money from me during the week she was along with me, and three half crowns and sixpence afterwards; she had 7s. 6d. in all after she came

out of the workhouse—I have tried to get the child from her—I followed her about night after night till 2 or 3 o'clock in the morning, and one night I gave her in charge of two policemen, because the news came to me that I ought to be ashamed of myself to see her starving the child—I asked her to give me the child, and she said she would, and she went home to get it and stopped indoors, and about 2 o'clock the mother came round the corner with the child in her arms, as I was talking to the policemen—they would not take the charge.

COURT. Q. Did you promise her marriage? A. Yes, I did, but she was such a bad character that I did not like to tie my life up to her.

ANN JONES . I am a laundress, and live at No. 4, Little Camden-street I lodged at the same house as the prisoner, No. 24, Grange-road, for two months and a fortnight; during that time she behaved very badly indeed to the child, she kept it very dirty and beat it sometimes, she suckled it very seldom, she had plenty of milk, she fed'it on sopped bread and sugar—I was examined before the Coroner—what I then said was true.

MARGARET RILEY . (examined by MR. METCALFE.). The prisoner is my daughter—I had the care of the child for some time—it was a very small child—for two months it appeared to be in good health, and after that it dwindled away a good deal—we did for it as far as laid in our power, but I had not money enough to get food for it—I had just come out of the infirmary with typhus fever, and was very badly off, I depended only on charity for my living—all that Evans gave my daughter was eighteen pence and sixpence, two cabbages, and about a pound And half of potatoes, then fourpence, and next a penny, and that was all—the child always threw up what it took—I gave it arrowroot, but what I gave it did not appear to nourish it.

EMMA LIVERMORE . I live at No. 2, Fitzroy-place, New-road—about four days before the child's death I took it to Mr. Jeffreys, the surgeon—I received it from the prisoner and gave it back to her.

Cross-examined. Q. Did she give it food? A. When she had it, but she was in great distress—I heard her say she would not give it up to the father, she wanted him to allow her something to keep it.

SUSAN LAMBERT . I lodged in the same house with the prisoner—I had no opportunity of seeing whether or not she fed the child frequently—I asked her why it cried, and she said it was in want of food, and I gave bar some for it, I did not see her give it to the child—it was a very fretful cbild, and cried very much.

ROSANNA DIMOCK . I am married—all the times I saw the prisoner with her child she treated it with great kindness—I saw it up to the very day I before it died—I saw it all along at different times, the prisoner was always kind to it—I have seen her feed it and have fed it myself, and suckled it when she has not had it.

Cross-examined. Q. Have you seen her give it sago and arrowroot? A. I gave it to her and saw her feed it, she suckled it as far as laid in her power, but she had not much milk when she came to me—Evans asked her to come out of the workhouse, saying he would take care of her, and then he cast her off.

HENRY DONKIN . (policeman, S 233). I saw this child after 12 o'clock, between 3rd and 4th Sept., in its grandmother's arms—it appeared to me clean and healthy—it did not appear to be at all neglected.

WILLIAM EDWARD JEFFREYS . I am a surgeon and district medical officer of the parish of St. Pancras. On the evening of 5th Sept, the deceased

child was brought to me, I was not at home, and it was ordered to be brought next morning—it was brought on the 8th—it appeared to be in a great state of exhaustion, it died on the 11th—I did not advise it to have beef tea and port wine, I merely endorsed the order of the relieving officer to the effect that the child was dying of starvation, and referring it to the relieving officer for further inquiry as to the mother's circumstances, in order that the requisite relief might be afforded—I made a postmortem examination—I believe the child died of exhaustion consequent upon want of nourishment—all the organs of the body were healthy and perfectly competent to perform their functions properly—I found no trace of disease in any of the organs—I never saw the mother.

Cross-examined. Q. Did you not endorse on the order that the child wag in a state of exhaustion in consequence of the want of breast milk on the part of the mother? A. There was some slight mistake made in the copying of these depositions—I stated that the mother was suffering from a want of breast milk, and that it was stated her circumstances were such as to prevent her from suckling it—a want of breast milk would be induced by poor living, anything that depresses the powers of life—I found some food in the child's stomach, and traces of food throughout the whole of the stomach and bowels—children of that age are excessively tender, they frequently die from their breathing being obstructed in bed—children that are greatly exhausted would be more liable to that than others.

NOT GUILTY .

NEW COURT.—Friday, October 31st, 1856.

PRESENT—Mr. Ald. COPELAND.; Sir JOHN MUSGROVE, Bart., Ald.; Mr. Ald. FINNIS.; Mr. Ald. HALE.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant.

Reference Number: t18561027-1006

1006. GEORGE HOUGHTON , burglariously breaking and entering the dwelling house of William Luke Carroll, and stealing 4lbs. weight of cigars, ralue 30s.; his property: to which he

PLEADED GUILTY . Aged 18.— Confined Twelve Months.

Reference Number: t18561027-1007

1007. EDWARD WILLIAMS , robbery, with two others unknown, on Thomas Parkes, and stealing from his person 1 watch and 1 chain, value 5l., and 2l. 10s. in money: to which he

PLEADED GUILTY . Aged 42.— Confined Twelve Months.

Before Mr. Baron Martin and the Fifth Jury.

Reference Number: t18561027-1008

1008. HENRY STOKES , feloniously cutting and wounding Richard Baker, with intent to do him some grievous bodily harm.

MR. METCALFE. conducted the Prosecution.

RICHARD BAKER . I live with my father, in Pelham-street, Bethnal-green. On 7th Aug., I had been with my father to the police court; he had been summoned there by the prisoner—the summons was dismissed—about 5 o'clock, on our return from the court, I saw the prisoner and his wife at the bottom of Spital-street; that was the first I saw of him after I left the police court—that was oat of his way, he had to come from Brick-lane—words commenced between him and my father, and a fight took place between

the prisoner's brother and another young man—the prisoner then left, and went into his own door—he was away about two or three minutes—he returned into the middle of the road, and I saw a glazier's knife in his hand—he said that the first that came near him, he would job their b—guts out, or words to that effect—I went behind him to take the knife away; I caught hold of his arm, but it was too far from the wrist to have any power over his hand—he got his hand away, and I felt several stabs in my back—I was pulled down to the ground by the prisoner—I went down on my back first—I was taken to a surgeon—I had five wounds in the lower part of my back; I was three weeks under the doctor's care.

Cross-examined by MR. MACENTEER. Q. Were you summoned to the Court? A. My father was—I was not in the Court, I was outside—my father was fined 1s.—I do not know how many were with us: there were not three dozen—they were our friends, who came to hear the trial against my father—they were outside—when the prisoner was going home, my father's friends did not follow him—we never saw him till he got into our street—it was in our street I saw him the next time—I cannot say whether all our friends were there—there were some there—I saw my father and the prisoner having words together—it seemed like some appearance of a quarrel—I did not see my father shake a handkerchief at the prisoner—the prisoner had his brother and some females with him—I saw the knife about five minutes after the fight began with the prisoner's brother—I was not watching the fight—I was standing at our own door—I could not say that all who were there were our friends—it was not while I was on the ground that I got the stabs, it was while we were up—I was striving to get the knife, and he was resisting me—I did not hear my father make use of any coarse expression—I was lying at home under the effects of these wounds for three weeks, and the doctor attending me.

JOHN GARFIELD . I live at No. 22, Pelham-street. I was having my tea, heard the confusion in the street, went to the window, and saw a knife in the prisoner's hand—he was using it at the back of Richard Baker; he had jobbed him so, I called out to the congregation for mercy's sake to take the knife away from him—I ran down stairs, and by that time the knife had been taken from him—I said to him, "Do you know you have stabbed the man?"—he said, "Yes, and I meant to do it"—Baker was taken to the doctor's by the time I got down stall's—I saw the prisoner's wife there, and his sister—they were trying to keep him back—I do not know whether that was before the stabs—they were all juggled together.

Cross-examined. Q. Was there a row? A. Yes—I did not see any fighting, no further than the confusion of the mob—I live seven or eight doors from the prosecutor—I did not see the beginning of the transaction.

ELIZA NORTH . I am the wife of George North, I live in Pelham-street On 7th Aug., I heard a noise, looked out of the window, and saw Mr. Baker, sen., and the prisoner having an altercation on the pavement—in a few minutes they left each other, and the prisoner went into his own house, and came out with a knife in his hand—he went towards the crowd that was in the street, and I ran down stairs to my husband and said, "Stokes has gone out of his house with a knife"—my husband ran down stairs and I after him, and by the time I got down the stabbing was all over.

THOMAS HALL . I live at No. 32, Pelham-street, and am a whip maker, On 7th Aug. I had occasion to go to Worship-street, and returning home, out of curiosity I went to Mr. Baker, and asked how the summons had gone on—he told me, and I walked home with him to his house—he lives on the

opposite side of the street to me—I went home, and had not been at home long, when I heard some words—I went down, and Stokes and Mr. Baker were standing side by side, but no words were mentioned in my presence—in the road the brother of Stokes and a stranger were fighting, or attempting to fight—at that time I missed Stokes, and in a few minutes I saw him again with a knife in his hand, threatening that the first man that came near him, he would rip his b——guts out—I then saw him and young Baker struggling, and saw Stokes strike him several blows in the back, till the knife broke—I took it up—they got the knife from him, and I saw several wounds in young Baker's back—he was taken to a doctor—several persons got round the prisoner, and had they got him no doubt they would have done him mischief—I walked with Baker directly home, and can be on my oath that there were no words used—I cannot tell how the knife was broken—I heard the clink of the knife—I picked it up—I did not see any blow struck by the prisoner after young Baker was on the ground—they were in a stooping position.

Cross-examined. Q. Had the prisoner a couple of females with him? A. Yes—there was no one with the prosecutor—the people were merely asking him how the summons was determined—there were several people about—they did not appear to be Mr. Baker's friends, no more than myself—I lived five years in the street, and never spoke to one or to the other.

WILLIAM GIBBONS . I live at No. 2, Pelharn-street. I saw the prisoner return from his own house, and pass by where his brother was fighting—the prisoner held a knife up and said, "The first man that comes near me, I will rip his b——guts up"—he had his arm up, and young Baker went and caught hold of his arm; and he jobbed him with the knife five or six times—I rushed upon him, and got the knife from him.

Cross-examined. Q. How far was young Baker from him when he rushed upon him? A. About two or three yards.

ALEXANDER HENRY CHAMPION . (the surgeon), did not appear.

THOMAS BAKER . I am the father of Richard Baker. I saw my son's back after it was strapped up, but not before—when I ran to him I saw the blood on him, and he did not do any work for over three weeks—the wounds were in the lower part of the back.

THOMAS HALL . re-examined. I saw Kichard Bakers back the minute after his clothes were taken off—there were four or five wounds, and he was bleeding from them.

Witnesses for the Defence.

DANIEL BIORLIN . On the evening of 7th Aug. I was going to my residence. I heard a hurrahing in the street, and as that continued I proceeded to the spot to see what was amiss—I saw the prisoner's brother fighting with another man—the prisoner's brother was rather the best of the two—I cried out "Shame! let the man go"—no sooner had I done so than the prisoner took his brother by the arms to keep him from the mob, and the gang of unmanly men so treated the two men that the prisoner drew a putty knife from his trowsers side pocket and still retreated, and said, "The first man that touches us again, I will stick this is him"—the two brothers were then retreating from the mob, and the mob were pursuing and oppressing them most confoundedly—the man was a perfect stranger to me—I took an interest in it, seeing such villany—the prisoner and his brother would have got away from the mob had it not been for the complainant going behind him and jumping on his back and holding his arm—the prisoner, finding himself attacked again, struggled, and the knife struck the complainant, but I deny that he stabbed him—directly he tried to get away,

the mob rushed on him, and struck him with their clenched fists—there were from fifteen to twenty surrounding him; all against him, and hooting and howling shamefully—had it been dark, instead of daylight, I firmly believe they would have killed him—he was retreating from them all the way.

Cross-examined by MR. METCALFE. Q. How was it the knife struck him? A. In trying to extricate himself, he turned round sharp, the knife was in his hand at the time—he turned to try to throw the man from his back—the knife struck him as he was turning round sharp—there was no stab—I mean to say that the prisoner did not stab the man at all—I swear he did not—I deny the man's wilfully stabbing him—a more violent affair was never witnessed—the prisoner was taking away his brother—he never went to his house at all, he took the knife from his side pocket, such a knife as he carries in his working clothes—he had his Sunday coat and waistcoat, but his working trowsers—the knife was always in his trowsers pocket, he never takes it out—I have known that since I have been acquainted with him, since this circumstance.

MR. MACENTEER. Q. When you say the knife was in his trowsers, is that where working men generally carry it? A. Yes.

JURY. Q. How near were you to him when he took the knife from his pocket? A. Almost as near as I am to the Judge—there were nearly 100 people—there were persons between him and me—there were fifteen or twenty men surrounding the prisoner—the two men were retreating, and there were men in front of him—they wished to press on him—a more inoffensive man never lived—I have heard his character first rate.

MARY ANN GOODYEAR . I was in Pelham-street. On 7th August I saw the prisoner and his wife, and his brother and his brother's wife—I saw Mr. Baker, the father of the man who was hurt—Mr. Baker had a great many people with him, a crowd—they seemed angry—I saw Mr. Baker go across the road—I saw him with a handkerchief, and he waved it in the prisoner's face—he likewise spat in his face—I heard him use very bad words about the prisoner's wife, and his sister calling them bad names—Mr. Baker pulled off his hat and challenged him to fight—there was a great mob gathered round, and with a great deal to do Mr. Stokes got to his own door, and then were shrieks of his brother being dreadfully ill-used in the mob by Mr. Baker and his companions—Mr. Stokes then returned from his door, and was assisting his brother to get out of the mob, and he was dreadfully ill-used likewise—I saw him and his brother and their two wives backing out of the mob, and Mr. Baker struck the prisoner in his face—I saw the prisoner take a putty layer out of his pocket—he said that the first man that struck him again he would make use of it—at that time all the mob was pressing on the prisoner, his wife, and his brother—the prisoner received several blows and his wife was beaten also—she was going to assist her husband.

Cross-examined. Q. Where were you? A. I was coming down Pelham-street on the left hand side—I got in the mob—there were a great many people round the prisoner when he took his knife out—I was about four yards from him—I could see the knife in his hand held up as he was backing out of the mob—it was about ten minutes after he returned from his house that I saw the knife in his hand—I was there all the time—I could not get out of it—I got on the step of a door—I did not see young Baker stabbed—I saw him jump on Mr. Stokes's back.

MARIA STOKES . I am the wife of the prisoner's brother. On 7th Aug. I was outside the Court—I did not go in—I was returning home with my

husband and the prisoner and the prisoner's wife—we were going up Pelham-street—the prisoner could not get to his own home, for the prosecutor's father took and crossed the road and waved a handkerchief in my brother in law's face, and with a very bad expression he asked him if he could fight—my brother in law said, "You can strike me if you like, I shall not return it"—with that the mob rushed round—he got a little way past the mob when one of Mr. Baker's colleagues turned and called me and the prisoner's wife very bad names—my husband said, "You can't mean them, you mean your own acquaintances"—a man then knocked my husband down, and he got up and fought—the prisoner then came to take his brother away, and they could not get away—they were retreating, and the prisoner took out his putty layer and said, "The first man that approaches me I will give it him"—he was retreating back out of the mob, and I firmly believe he would have got from the mob had not the young man rushed on him at the time the mob were in front, and they were both knocked down and very ill used—my brother always carries this knife in his pocket, he is never without it, he uses it in his trade.

Cross-examined. Q. Does he carry it on Sundays? A. No, he had his working trowsers on, and his Sunday coat and waistcoat—he got back just to his own door—I do not know whether he went in or not—this might be three or four doors from his own door.

JAMES HENRY MORGAN . On 7th Aug., between 5 and 6 o'clock I was passing down Pelham-street. I saw the defendant and his brother and their two wives passing down the street—there was a mob, which attracted my attention—the first I heard was the elder Baker calling to the prisoner's brother to fight, and he put his handkerchief in the prisoner's face and called their two wives two b——w——the prisoner's brother was knocked down and was being trampled on, and the prisoner drew his putty knife from his pocket, and said, "The first that comes to me I will use this"—the prosecutor then ran and jumped on his back, and he turned round and crushed him against the wall, and I believe they both went down, and had not a cab come up I believe the man would have been killed.

Cross-examined. Q. What are you? A. I keep a general shop—I have only had it these three weeks—my father is beadle of Goldsmiths' Hall—I was passing from Whitechapel—I have not been taking a very active part in this—I have not got the case up—the prisoner went with his back to the wall, he backed the man against the wall—he did not stab him at all—he struck him with the knife backwards, I should say once or twice—I did not see that the prosecutor was carried to a surgeon—I saw the knife taken out of the prisoner's pocket—I was close by him—there was a mob and his brother was on the ground being kicked—the prisoner was at the end of the mob—they were pressing on his face—I was by the side of him—he did not go to his house at all—he did not go to the door; I am quite sure of that—he attempted to get to his door, but could not.

CHARLES GEE . (police sergeant H 42). On 7th Aug., the prisoner came to the Court in answer to a summons he had taken out against Baker—I was not in Pelham-street, but I saw their conduct after they got outside the Court—there was a great uproar, and some time after Stokes got out, he came back and said he was afraid to go home for fear they should do him some violence.

GUILTY . of unlawfully Wounding.— Confined Four Months.

Reference Number: t18561027-1009

1009. JAMES WILLIAMS and WILLIAM JAMES GARNON , breaking and entering the dwelling house of William Rowlett, and stealing therein 1 watch, and other articles, value 20l.; his goods: to which

WILLIAMS PLEADED GUILTY .— Transported for Fifteen Years.

MR. ORRIDGE. conducted the Prosecution.

GEORGE ELIJAH ROWLETT . I live with my father, in Glebe-cottage, Kingsland-road. On Monday, 27th Oct., my brother asked for the key of his house, and I went across the road—it was between half past 5 and 6 o'clock—I went across the road, and in going I saw Garnon standing at the end of my father's gate; that is about twenty yards from my brother's house, and I saw there was a light in my brother's house—I had not got the key the first time—I went back and got the key, and when I returned Garnon was standing there then—I saw a light in my brother's bedroom—I opened the door, and saw Williams on the stairs—I said, "What do you do here!"—he threw me down, and knocked me on the head with a crowbar—I got my clothes torn all to pieces—I was very much injured, and have been under the doctor's hands ever since—after Williams knocked me down became insensible—I know that Garnon had a cap on.

Cross-examined by MR. ROBINSON. Q. You never saw Garnon before! A. Never—I passed him twice—I saw him the next day outside the police court—there were a great many people there—I pointed him out outside I the police court—I came there in a cab—my head was bound up.

CORNELIUS DESMOND . (police sergeant, N 7). I took up a crowbar which was seen to be thrown away by Williams—I saw Garnon outside the police court—when he was taken, he said, "I was not there; I am innocent;" and again he denied it inside the court.

Cross-examined. Q. What did the prosecutor say? A. He pointed to him, and said, "That is the man I saw outside the door"—he was within a yard of him at the time—he had come in a cab, and I came in another cab with the prisoner Williams.

WILLIAM PETERS . I live near Kingsland-road. I know Mr. Rowlett's yard—it is next to mine—on last Monday evening I left work at half put 5 o'clock—when I left off work I saw two men in the yard—my master authorised me, if I saw any strange men in the yard, to turn them out; so, I went, and spoke to Williams, who was one of the men, and asked him what he did there—he said, "I have lost a little Spaniel dog"—I said, "You have no business here"—I then went and spoke to the other man, who was leaning against another wall, twenty or thirty yards off, who I believe was Garnon; I will not swear to it, but I could as nearly as could be; I never saw two peas more alike—I asked both him and Williams if I should hear anything about the dog, who I should let know—they both said they were going to the Swan public house—they went out of the yard, as near as I can say, together.

Cross-examined. Q. Where did you first see Garnon after that? A. I saw him at the police court—he was in the dock—he was not pointed out to me—I was taken two days afterwards to the police court to recognize some one—I saw him at Worship-street—he stood in front of the bar, before some gentleman—it was last Monday night that I saw the two men leaning against the wall.

MR. ORRIDGE. Q. Did you point out Garnon at the police court? A. Yes—I said I never saw a man nearer like the man in my life.

MR. ROBINSON. called

WILLIAM TURNER . I lodge with the prisoner Garnon, at No. 1, Helmet-court, London-wall; I am a waiter. Last Monday evening I came home at

6 o'clock—Garnon was there at that time, and his wife—that is about two miles from Kingsland-road—I was with him till half past 8 o'clock—I went out with him the next morning—I did not go with him to a place in Bishopsgate—I waited at the corner of Devonshire-street—we went then to the Curtain-road—I went after a situation—in coming from there we walked round to Worship-street, and we stood outside the court, I dare say, an hour, and a person came and recognized him—I heard a young man speak about this case that was coming on—he said he was waiting to hear the case—we listened to that conversation—we were waiting to see if we could get in to hear the trial—I was present when Garnon was pointed out by the prosecutor—he was taken into custody—he was kept in custody that day—he was bailed out on Wednesday, and has surrendered here this morning—I have known him about eighteen months—he was always a respectable man, hard-working and honest.

Cross-examined by MR. ORRIDGE. Q. Have you lodged with him all that time? A. I have lodged with his mother and his wife's mother about ten years, when I have been out of a situation—he went to his work on Monday—I saw him about 6 o'clock in the evening, when I came home to have my tea—they had done tea when I came home—they generally have tea about 5 o'clock, but I was not at home—there is a clock in the room—I did not particularly notice the time when I came in, but I know it was as near 6 o'clock as could be—I know by where I had been—I had been in the City—I had been in Barbican about 10 minutes before 6 o'clock; I was not doing anything, I was coming home—I guessed it was 10 minutes to 6 o'clock by the time I got home—my friend was committed for trial; they would not allow me to go in—on the morning I went to the police court, I had been to Bishopsgate-street, and to the Curtain-road—we went down Old-street, and I called in the Curtain-road—Garnon went on forward while I went in—I did not succeed in getting a situation—I spoke to a man, named Ward, outside the police station—I did not know him at all, but Mr. Garnon did, I believe—we were not talking above fire minutes about this case before the cab came up—we had been waiting there about an hour—I have no further knowledge about it being 6 o'clock when I got home, but I think it was.

MARIA GARNON . I am sixteen years old—I am the prisoner's sister. I recollect on Monday afternoon being in Helmet-court—I saw my brother from 4 o'clock in the afternoon till a quarter to 8 o'clock, he was in the house the whole time.

Cross-examined. Q. Was it from 4 till 8 o'clock that he was there? A. Yes—I was having my tea with him, about 5 o'clock—before tea I was sitting in the house—I do not live with him—I live with my mother in Hoxton Old Town—I went to my brother's lodging, and got there at 4 o'clock—it was exactly 4 o'clock—there is a clock in the room, which stands up against the door, in the corner—I looked at the clock—it was 4 o'clock—I looked at it again at 5 o'clock—I looked again at half-past 5 o'clock—I looked at it when I left—my brother had asked me to come to tea with him on the Saturday—he had been out of work a long time—there were two lodgers at tea, and my sister, my brother, and myself—my brother does not give large tea parties, but there were five that night—I do not know the names of the lodgers—they were not there at 4 o'clock, they came in afterwards—they all sat down to tea at 5 o'clock, I, and my brother and sister, and the two lodgers—the last witness is a lodger there—he came in about 6 o'clock—I was asked on Wednesday morning to come here to-day—this took place on the Monday night.

MR. ROBINSON. Q. You work close to their house? A. Yes—I know perfectly well that when I went on the Monday it was quite light.

ELIZABETH GRINDELL . I reside in Green Arbour-court, Little. Moorfields, I know the prisoner's family—I have known him fourteen months, he has been married twelve months next Feb.—I was at the house in Helmet-court, last Monday night—I went there at twenty minutes to 6 o'clock—he was there, and his wife and brother and sister, and two of the lodgers, they were taking tea—I am frequently there—the prisoner was in the home it twenty minutes before 6 o'clock—it is his house, and he has the lodgen—I remained till half-past seven o'clock—I left him there with his wife.

Cross-examined. Q. Was Turner and all the others sitting round, taking their tea? A. Yes, taking their tea.

HENRY PACEY . I am the brother of the prisoner's wife. I am seventeen years old—I lodge in their house—I went in there last Monday at half-past 5 o'clock—my sister and the prisoner, and Kichard Titmarsh and Mr. Condon were there—I am in the habit of getting tea there in the evening; half an hour is allowed me to get my tea—on that evening I was there from half-past 5 till 6 o'clock.

Cross-examined. Q. Who was there? A. Tidmarsh and Condon, and William Turner—I found him there when I went in.

FREDERICK GARNON . I am the prisoner's brother. I was at his place last Monday—T went at half-past 5 o'clock and remained till half-part 8 o'clock—he was there during the whole time.

Cross-examined. Q. Who else was there? A. His wife and the lodger—there were five in the room altogether—they were all there at 7 o'clock—Turner came there about 6 o'clock.

RICHARD TIDMARSH . I work in a wine cellar at Botolph Wharf, Thames-street. I have lodged in Helmet-court for ten years—the prisoner has the house which his wife's mother had before she died—I have known him about nine months—I can give him a very good character—I am not in the habit of taking tea there every evening—I came home that evening about half-past 5 o'clock—the prisoner was there—Turner came just before I went out—I remained till 7 o'clock—I left the prisoner there when I went out.

Cross-examined. Q. Who else was there? A. Condon and his sister-in-law and brother-in-law—that is all, I believe—I was there from half-past 5 till 7 o'clock—Turner was not there when I went in—I do not think I noticed him all the evening.

MR. ROBINSON. Q. Do you know Grindell? A. Yes—I did not see her there, to my recollection—I will swear that from half-past 5 till 7 o'clock the prisoner was there.

(The prisoner Garnon received a good character.)

NOT GUILTY .

Reference Number: t18561027-1010

1010. JAMES WILLIAMS and WILLIAM JAMES GARNON were again indicted for feloniously wounding George Elijah Rowlett, with intent to do him grievous bodily harm: to which

WILLIAMS PLEADED GUILTY .

(No evidence was offered against Garnon.)

NOT GUILTY .

Reference Number: t18561027-1011

1011. WILLIAM CHAMBERS , burglary in the dwelling house of Edward Reid Thomas, and stealing therein 1 coat, value 10s.; his property.

EDWARD REID THOMAS . I live at No. 17, Kingston-park, Notting-hill. On Monday night, 15th Sept., I was in bed—I was alarmed between 3 and 4 o'clock by a noise in the house—I opened the room door, and saw the

head and shoulders of a man on the landing—he withdrew—I returned into the room and put some of my clothes on, and while I was doing so I heard some one run very fast down stairs—I followed immediately down, and I heard the two bolts of the back door unbolted—I opened the door, and within a few steps of the door I saw the prisoner—I collared him, and asked what he was doing in the house—he said, "I don't know"—there was a coat of mine close by where the prisoner was—that coat had been on the balustrade—I examined the house, and found a trap door on the top of the I house open—it was not open when I went to bed—I went up through the trap door, and found it had been forced open.

Prisoner. Q. Are you in the habit of leaving the coat on the balustrade? A. No, I did not leave it there—it was put there to brush in the morning—this veil was found on the prisoner at the station—it does not belong to me.

MARY ANN SIDA . I am servant to Mr. Thomas. I know the trap door was fastened on the evening before the robbery—I was awoke by a noise; I could not say what it was—I went to bed again, and I heard the noise again, I thought it was the rate; I went to bed again—I heard the noise three times—I heard my master go down stain—I got out of bed and knocked my chair, and asked what was the matter—I heard a rustling on the stairs, and my master called, "Mary, where are you?"—I went down, and saw the prisoner—I had left this coat on the balustrade.

Prisoner. Q. Do you know the house, No. 15? A. Yes—I do not know the persons living there.

HORATIO CROWNE . The house, No. 17, belongs to my brother-in-law—I was on the roof of it the day before, and it was quite safe—the trap door was fast—the house, No. 15, was empty—no one was living in it.

THOMAS DOWNS . (policeman, T 124). I received information, and went and examined the premises—I found the parlour window of No. 15 open, and I found the trap door wan open, and the trap door of the prosecutor's house was open—the prisoner was given into my custody—I found on him a black veil and two keys—I asked him how he got in; he said, through the empty house and into the prosecutor's house.

Prisoner. This veil I picked up in the street; I was going along; I had some undressed meat in my pocket; I met a man who said he would get it dressed for me; I got over the garden wall, and was taken in the garden—I did not go in the house.

GUILTY . Aged 49.— Confined Eighteen Months.

Reference Number: t18561027-1012

1012. WILLIAM LEONARD , robbery on Emily Devnall, and stealing from her person 1 purse, value 1s., and 2s. 6d. in money.

EMILY DEVNALL . I am a waistcoat maker, I live with my parents in Berners-street, Edgware-road Last Sunday week I was returning home, I was in Oxford-street about a quarter past 12 o'clock—I saw the prisoner—I had not known him before—I was passing him—he laid hold of me—I laid hold of him, and put my hand in my pocket—I misled my pone, which tad 2s. 6d. in it—I asked him for it—he made usa of a very improper expression, and said if I did not let him go he would knock me down—he made a blow at me—I turned and caught the blow on the back of my head—he ran off—I pursued him, and the policeman took him.

Cross-examined by MR. MACENTEER. Q. Where had you been? A. I had a friend up at my mother's to dinner, and I went to see them home—I was returning home—I had not been to any house, I left my friend in the street—I do not know what is the distance from where my mother lives to

this place in Oxford-street—I have lived in the neighbourhood of Oxford-street a good while—there was no person with me—I knew the prisona had got my purse—I had no tustle or dispute with him before—the purse had been in the pocket of this dress which I have on now—I did not ask the prisoner to treat me—the first word I said to him was, "Give me my purse"—I knew he had taken it, because I felt his hand go into my pocket—I saw his hand in my pocket—my purse was a black one, it is imitation of leather—it had half a crown in it—he did not run away as soon as I made the charge, he said if I did not let go of him he would knock me down—he did not run till he hit me—he was twisting round to get away from me—he got from me and ran away—I ran after him and kept him in sight till he was taken—I walked by the side of the policeman to tin station—I did not appear against him the next day—I went there, and his friends got me away and gave me half a crown not to appear, and said if I did not appear he would get off—I did not stay at the station that night above half an hour—I had not been drinking, I had not had any—I did not ask the prisoner to give me something to drink—I had not my hand round his waist—I am not accustomed to be in the street at 12 o'clock it night, it is very seldom that I am there.

WILLIAM WRIGHT . (policeman, A 305). I was on duty on that Sundtr night about a quarter past 12 o'clock—I heard a loud cry in a female voice, and screaming—I saw the prisoner and the prosecutrix struggling together—I went towards them, and just before I got to them the prisoner knocked the prosecutrix down and ran across the road—I ran and took him to the station—I found on him this purse, which the prosecutrix identified—it was open in his pocket, there was nothing in it—the piece of steel which goes inside the purse is broken away.

Cross-examined. Q. Did you find any money on the prisoner? A. No; he said he ran away because the young lady tried to steal his coat.

GUILTY . Aged 25.— Confined Eighteen Months.

Reference Number: t18561027-1013

1013. THOMAS CLARK and JAMES HARRADINE , breaking and entering the shop of James Wyld and stealing 1200 postage stamps and other articles, value 187l.; his property.—2nd COUNT, receiving the same.

MR. MACENTEER. conducted the Prosecution.

ROBERT M'KENZIE . I am an inspector of police. On the morning of 9th Sept., about 9 o'clock, I went to the house of the prisoner Clark, he in a marine store dealer, at No. 24, Dudley-street, St. Giles's—I saw Clark in the shop—I told him I wanted to speak to him in private, and asked him into a back room—on getting there I told him I was a police officer, and said, "I came in consequence of receiving information that you have received ft quantity of globes, atlases, and other things, from the shop of Mr. Wyld, No. 457, Strand"—he said, "No, I have not received anything of the wrt"—I said, "Yes, you have had them, and the globes were removed from your house with a horse and cart on Monday week last"—he hesitated some moments, and said, "Well, have you seen the old man that moved them!"—I said, "I want to know who brought them to your house"—he hesitated some minutes, and said, "They were brought by two respectable looking young men," and he said that himself and his wife were ill in consequence of their being in the place—I again asked him who brought them there, and to that he made no reply—I told him he must consider himself in custody on a charge of receiving that property, and on looking round that room I found aeveral articles that were stolen—I said, "These are stolen

also"—he said, "Well, I don't know, I buy a great many things"—I called in Holmes and desired him to search the room that I and Clark were in—he did for a minute or so—he then went upstairs—he had not been up two minutes when he came running down with some parchment deeds in his hand, which had been partly burnt—he said in Clark's hearing, "They are burning the property upstairs"—I desired Buck, another officer, to go to his assistance—I then left Clark in charge of another policeman, and I went upstairs to a front room, occupied by Clark and his wife—I searched that room, and in a drawer in a chest of drawers I found this magnifying glass—Clark was taken to Bow-street station and charged with receiving the property which was then produced, stolen from Mr. Wyld on the morning of the 23rd Aug.—on the charge being read, he said he hoped we should deal as leniently as we could—he said the property had been brought to his house by a young man named Johnson, living at No. 14, Ashley-terrace, City-road—on 23rd Sept I went with Buck and Holmes to Harradine's place, No. 9, Bermondsey-street—he is a marine store dealer—I found Harradine in the back parlour with an elderly female—I asked him bis name—he told me it was Harradine—I told him we were police officers, and that we had come in consequence of his haying received a quantity of globes stolen from Mr. Wyld, No. 457, Strand, on the morning of the 23rd Aug.—he said it was a b—lie, and he endeavoured to take off his coat to show fight—I endeavoured to calm him, and told him to take it coolly and hear what we had to say—I said, "You have been dealing with these globes, you have been identified as being at St. John's Wood with them on the morning of the 15th Sept, and leaving them, directed to Mr. Wyld, at a receiving house for parcels"—he said no, he did not, he did not know St. John's Wood—I said, "The man has identified you"—he said, "I was at home all the morning "of the 15th; I left my house to come to Bermondsey-street; at 9 o'clock in the morning I left Dockhead, and came directly to my house, No. 9, Bermondsey-street, and remained there till 2 o'clock in the day"—I said, "You are in the habit of dealing with a man of the name of Clark"—he said, "Yes, I am, the last deal I had with Clark was for 3l., on the 6th Sept."—I asked him if he had any book or document to show to that effect, and on looking at his file I found I a receipt for rags, 3l.—I did not take it, I left it with him—he asked me I to leave it with him as it might assist his defence.

Cross-examined by MR. CARTER. Q. You went to Clark's house, in a street which contains a number of marine store shops? A. Yes; that street used to be called Monmouth-street, it is now Dudley-street—I found Clark in his shop, behind the counter—I went in, and called him into the back parlour—I told him I was a police officer, and I had come in consequence of his having receive a quantity of globes, copper plates, and atlases, which had been stolen from Mr. Wyld—I did not ask him whether he had bought any—he said some articles had been removed from his house on the Monday, which had been brought by two respectable men—I was in the back parlour, there were a great number of articles—I selected a great many Articles, and a portion of them will be produced—the room was filled with bags which apparently contained rags—the articles which I selected were lying among the bags—when I called him into the back parlour I did not permit him to go upstairs—his servant and wife came there while I was there—I heard nothing pass between them—I was not in pursuit of title deeds—I found the magnifying glass in a drawer—there were a large quantity of things there—I took Clark's wife—I will not be positive whether

Clark said he hoped I should be lenient with them—his wife was discharged—I have not been to No. 14, Ashley-place.

Cross-examined by MR. COOPER. Q. When you called on Harradine, you told him he had been identified by a person who followed you in? A. Yas—his name is Cole—we sought him out—I believe there was a reward of 50l. offered for the discovery of the person who committed the robbery.

WALTER HOLMES . (police sergeant, F 50). I went with the last witness to Dudley-street, on the morning of 9th Sept.—when we got to the home, M'Kenzie went with Clark into the back parlour—after they were there a short time, he called me in to him—I heard him ask Clark who brought the globes there—he hesitated some time—he then said two well dressed men—M'Kenzie asked him again who they were, and what their names were—he stood hesitating for some time, but refused to give their names—I was requested to search the place, and I found a great quantity of carriage cushion covers—I stepped outside the parlour, and going upstairs I heard people waning upstairs—I ran up too; I went into the third floor front room, where I found Clark's wife bringing in her hand from the fire a quantity of parchments, all on fire; she ran behind the bed, and put them into a tub of water—at the time she ran behind the bed she said, "I am not dressed"—I went to the fire, and seeing a great quantity of parchments which were not burned, I took them, and put them into the water also—Clark's wife was dressed—she then feinted away, and I went into the back room on the same floor, and the fire there was also packed up with parchments—I went up into the cockloft, by a trap door, Buck lifted me up—I found there rolled up in a coat some atlases; and also, in another coat, some carriage cushion covers—these are the coats.

Cross-examined by MR. CARTER. Q. You did not hear what was said by the inspector in the early part of the interview with Clark? A. No—some hours afterwards, at the station, dark said that a man named Johnson was the man he had them of—I have not been to Ashley-place—the first I heard was the question, "Who brought the globes?" and Clark said, "Two well dressed men"—I do not think he said anything more—after he had stood some time, he said he should decline saying any more—some of the cushion covers were in the back room, and some upstairs—there were a great many rags and other things in the shop and parlour—there were several coats—I do not remember any trowsers—Clark said he bought a good many things in the way of trade—the woman was taking these deeds out of the fire and putting them in the water, in such a position that I should not see.

THOMAS PARROCK . I am superintendent of Mr. James Wyld's business, at the branch, at Charing-cross. On the night of 22nd Aug., I was on the premises, and left at 10 minutes or a quarter past 8 o'clock; I left the premises securely locked—I returned about 10 minutes past 9 o'cfock the following morning—I found the porter there—I missed a great many globes, and atlases, and maps; two pairs of compasses, two magnifying glasses, some books, and two coats, and three copper plates—I can identify this property produced—I recollect some articles by peculiar marks—here are several spots on the cover of this book, which were made soon after the book was bound—I can swear to this as being the property of Mr. Wyld—this is one of three maps that were stolen—this is one large map of the world—this is one of the magnifying glasses that Were stolen that night—this coat I do not know—this other coat was mine—I had given it to the porter some time before.

Cross-examined by MR. CARTER. Q. Were you last in charge of the premises that night? A. Yes; the porter, the clerk, and myself, all came

out together—the clerk locked the door—I tried it afterwards—I missed atlasses, globes, maps, and some postage stamps—I gave a faithful list of the articles at the time—I know this magnifying glass to be the property of our draughtsman, by the peculiar manner in which it is framed or mounted—it was framed by the draughtsman—it was not for sale, but for use—we had only three maps of this kind on the premises at that time—we never have above three or four in the shop—they were all taken—we frequently sell a portion of a map, and we had sold a portion of this one; and on this occasion we were out of the same kind of cloth for the maps, and this one is a different cloth.

Cross-examined by MR. RIBTON. Q. Mr. Wyld offered a reward? A. Yes—I do not know who is to get that—if there is a conviction, I suppose it will be paid to somebody.

MR. MACENTEER. Q. Did you receive any letter by the poet? A. Yes—this is it—the carrier brought several articles to our premises—there were two twelve-inch globes, a pedestal, one eighteen-inch globe, and several others.

MR. RIBTON. Q. When was it he brought them back? A. On 15th, I believe—it was the day before we went to the police court—they were brought on a Monday or Tuesday, about 8 o'clock at night.

MAURICE CRONIN . I am porter at Mr. Wyld'a I was on the premises on the night of 22nd Aug.—I shut up the shop at 8 o'clock—I left about ten minutes past 8 o'clock—I returned in the morning at ten minutes past 8 o'clock—I found the door shut but unlocked, and the property gone—I opened the door without the assistance of the key.

Cross-examined by MR. CARTER. Q. Mr. Wyld had a great deal of property there? A. Yes—there were not many compasses.

MARY NICHOLLS . I was servant to Mr. Clark—I was in his service nearly three years—I left when he was taken into custody—they occupied the front room on the first floor at No. 24, Dudley-street—about a fortnight before he was taken I saw some parcels there—I cannot tell what they were, and I saw some globes there—they remained very nearly a week—they were then taken away.

Cross-examined by MR. CARTER. Q. Who took them away? A. I was not in—I have not seen old coats and a variety of articles brought there.

GEOBGE HARVEY . On 28th or 29th Aug. I was in Dudley-street between 2 and 4 o'clock in the afternoon—I saw a cart opposite Clark's door—I observed on the cart the name of William Harradine, Bermondsey-street—I saw some globes and stands brought out of Clark's, and put in the cart—the biggest were put in first, and the small ones afterwards—it was a very small cart, there was scarcely room for them, there was some difficulty in getting them in—I observed the stands had three legs, and they were round at top—the cart went towards Broad-street, towards Holborn—I saw the prisoner Harradine and another man with the cart—they brought the things out and placed them in the cart; and when they got then out they went off—if he had any conversation with Clark, it was inside.

Cross-examined by MR. CARTER. Q. Did you see Clark at all? A. Yes, directly after the cart left he came to the door in his shirt sleeves—I live in the neighbourhood—I see a great many carts, and a great many things carried away, but not such as these; I have seen rags and bones.

Cross-examined by MR. COOPER. Q. What are you? A. A carpenter and joiner—I worked for Mr. Ford seven years—I saw this cart on 28th or 29th Aug., between 2 and 4 o'clock in the afternoon—I came home to

dinner and stopped at the corner of Dudley-street—I had a pint of beer, and was passing by—I noticed this cart—I do not particularly notice carts, and read the names—I do not know that I ever did before in my life—I did not write it down on a paper—I did not go to the police and give this informtion—they came to me yesterday week—they did not tell me there was a reward of 50l.—I saw a bill with a reward of 10l.—Serjeant Duke of the F division came to me when I was in Mr. Paul's public house, No. 62, Dudley-street—I had mentioned this to Mr. Paul—I live at No. 32, Dudley-street—I cannot tell how the police came to me, no further than from people's threats in the street—they threatened me, and I told the police I was molested in the street by these people, and I told them what I thought it was on account of—that was about a week after the things went away—I told Buck that the people threatened me about Clark's case—that was all I told him, and he came to me again on the Thursday at Mr. Paul's, where I was having something to drink; and he asked me if I would take something he had, which was half and half—there was no gin—it was not a pot—it was part of a pint—I drank and put it down again—I had nothing else—Mr. buck said he wanted me to come to Bermondsey—I said, "very well, I will go if you want it;" and I went with him to Bermondsey on Friday evening—I do not know what we talked about in going along—I never had the honour of walking with the police before—I have not been convicted—I was tried for keeping company with bad company—I do not know what the charge was—I was taken to Vine-street office—I was taken on suspicion of being in bad company—the person I was with was taken for house breaking—I was sent to trial—I was tried by a real judge—one was found guilty; but I was acquitted without a stain on my character—Mr. O'Brien, the gentleman who was my counsel, said that that was my first tronble—I was never taken up for picking pockets, nor for anything—that is about eight years ago—I get my living by working—it was before I went to my master that I was taken up—my master heard of it afterwards.

ELIZABETH POLLARD . I am the wife of George Pollard, who keeps the office for the parcels delivery in Wellington-place, St John's Wood. On 15th Sept., two men came to my shop—Harradine was one of them—he brought a bag and the other man a large box—they asked me whether Brooks, the carrier, had been—I said no, but I expected him soon—Harradine said, "Had I better bring the box in?" I said "No, it was too large"—he said, "I had better bring the bag in"—I said, "You can, and put it under the window"—I did not notice the direction on the box, but there was one on the bag—it was directed to Mr. Wyld—this is the bag and the direction (Read: Mr. Wyld, Map-seller, West Strand)—I delivered the box fend the bag to Mr. Brooks in a quarter of an hour afterwards—this is the box—I believe Harradine is the man, to the best of my belief, but I could not swear to him.

Cross-examined by MR. RIBTON. Q. You never saw him before? A. No, and I did not see him afterwards till 24th Sept., when I saw him at Bow-street—he resembles the man, but I cannot swear to him.

HENRY COLE . I am a porter and messenger; I live in Henry-street Portland-town. On 15th Sept., I was in the neighbourhood of Wellington-place, St. John's Wood—I saw the prisoner Harradine and another man—Harradine had a bag and the other man had a large box with him—they stopped at the corner of Wellington-place to rest themselves, and the man who was along with Harradine asked me to give him a light for his pipe and Harradine asked me to help him up with the box on his shoulder—I

told him I could not, I had got a bad thumb—I told him a man who was coming along, a bricklayer coming from his work, would help him, and he helped him on his shoulder with the box—there was a cart and horse, but no one with it—a black and white dog was minding it—Harradine and the other man took the bag and the box to the receiving house—Harradine had got the bag then—Harradine had a fustian or a moleskin coat on, I would not swear which, and he had a cap on—I had a full view of his free—he sat down by me for five or ten minutes before they went into the receiving room—I will swear it was Harradine—I have been in trouble five or six years ago—since then I have been at work—the only charge against me was, for assaulting a policeman—I saw Harradine when he came from the receiving house, and he and the other man went along the road together—I afterwards recognised Harradine amongst five or six.

Cross-examined by MR. COOPER. Q. Was the time you saw him at St. Johns Wood the first time you had ever seen him? A. Yes, I did not see him again till 22nd and 23rd again, at his own house—the policeman No. 5, Buck they call him, came to me—he came to me through Mrs. Pollard—I went in there for half an ounce of tobacco, and I said, "That was a very heavy box the man had to carry," and she told the officer that a man of the name of Cole had seen him—I did not know that there was a reward offered—I am quite positive it was Harradine I saw—I have never done anything in the criminal line—I observed the dog, it was bkok and white—I have not a fancy in the dog line, only what I have been led into—I am forty-five years old—when I was a young creature, eight years ago, Colonel White came to me and asked me if I knew Mr. Taylor, who was in the habit of finding dogs—I said there was such a man, and his groom and his coachman went to Taylor, and he said that dog would not be brought home without 3l. 15s. was paid, and I went and got it, and took the dog home, and he would not give me anything—he told me to call in the morning, and then the servant brought out half a crown, and I was to give him a shilling—I got four months for it, but not hard labour—I did not know where to find Taylor, but we made inquiries and found him—I do not know where he is now—I have only been with the police once beside that—that was for being drunk—I get my living by being a porter and messenger, and going vhere my wife goes to work—I clean knives and boots.

WILLIAM DIXON . I am in the employ of Mr. Brooks, the carrier. On 15th Sept., I took a large box and a bag from Mr. Pollard's receiving house in Wellington-place—I took them to Mr. Brooks's house, and then to Mr. Wyld's, in the Strand—this is the box, it was addressed with a card to Mr. Wyld.

COURT. to ELIZABETH POLLARD. Q. What time was it the men came with the box and bag to your house? A. At half-past 10 o'clock on 15th Sept.

MR. COOPER. called

JOHN DOYLK . I am a scale maker, and live at No. 24, King-street, Southward. I have known the prisoner Harradine seven or eight years—I have regulated his scales within the last four years—I remember Monday, 15th Sept, I called on him that day at his residence at Dockhead between half past 9 o'clock and a quarter before 10 o'clock in the morning—I called for the payment of a little account he owed me—I did not receive it—I stopped not more than five or ten minutes—I have never seen him wear a fustian jacket—he was dressed that morning in a brown cloth coat, with pockets at the sides and buttoned up—why J noticed his coat was, because he has always been in the habit of wearing a black one, and I

noticed he had a brown one on that morning, which was unusual—he accounted for it afterwards by saying his black coat was gone to be mended—I never knew him to keep a horse and cart, or a donkey and cart—I hare heard that he once had a horse.

Cross-examined by MR. MACENTEER. Q. How often hare you seen him? A. Sometimes not once in a month—when he has wanted anything done in my way, I have done it for him for the last three or four years—we hare done it constantly—I have never missed him out of his place—I have never heard that he has been in prison—if he has it is more than I am aware of—I never heard that he has been charged with any crime—on that morning when I observed his coat, I had business to do at Shad Thames, and I thought I would call on him and see if he could pay me my little account—he could not pay me—he said he expected some one to call on him to pay him some money—what made me remember his coat was what I heard afterwards about his wearing a jacket—I think it was himself said that to me—he said he had never worn a jacket—I said, "On that morning you had a coat on, and buttoned up"—I cannot recollect how he introduced the subject—he did not come to me on that occasion—I think it was when he was taken into custody, but I am not sure; it might have been a day or two after he was taken—stop a bit, I rather think it was his attorney—I do not think it was the prisoner came to me at all—when his attorney came, he wanted me to give evidence to say whether I saw Harradine on that Monday—I suppose it might have been a week after when the attorney came to me; I did not take any note of it—the attorney told me he wanted me to give evidence, and he mentioned about the jacket—I told him that he had not a jacket—I do not think there was anything more passed, for after that I left him; I had to go to Mr. Tucker's office—I stated all I knew—the statement about the jacket was made when I was at Harradine's house a day or two after he was taken; the attorney's clerk called at my house and left a message for me to go to Harradine's house—I think it was there I first heard about the jacket—he said the parties had said thai he had a jacket on, and I said he had a coat on.

ALFRED HUGHES . I am manager of the business for Mr. Snelling, a clothier at Dockhead. I know Harradine—I remember seeing him on Monday, 15th Sept—I recollect the day, because I was going into the City for some goods, and that was the day the Chartists went out—I saw them in Cheapside—I saw Harradine that day put his things out at his shop at Dockhead, Bermondsey—we were talking about ten minutes—when my employer came that morning he sent me into the City, and I overtook Harradine in Thornton-street—it was a quarter past 10 o'clock—he had a person with him—I think it was William Smith—I have known Harradine about twelve months—I have never seen him with a donkey and cart, or horse and cart, or a black and white dog—he had a brown coat on that morning, and when he left to go to his business he had a black coat on, which he generally wears.

Cross-examined. Q. Who first applied to you to give evidence? A. After Harradine was out on bail, Mr. Lawrence, the attorney's clerk, came to my employer's warehouse—he came before I could recollect the circamstance as to the day, but I afterwards looked at my invoices and found the invoice which I got that day; this is it—Mr. Lawrence did not say what he wanted, but he asked if I had seen Mr. Harradine on 15th Sept—I said I did not hardly know, but I called it afterwards to my mind; I recollected the circumstance—I told my employer, and he told me that he came to town that morning and sent me into the City—when the attorney's clerk

first called, I could not give him any answer; but when I recollected it, Mr. Harradine being a neighbour next door, and knowing I was with him that morning, I could do nothing less—I went to him and told him I had called the circumstance to my mind, that I was with him that very morning—I told him I would act as a witness.

WILLIAM SMITH, JUN . I am a lighterman, and live at No. 32, Thornton-street I know Harradine—I met him with the last witness on Monday morning, 15th Sept—I am positive it was on that day, because I had to go to receive rents, and I put it down in the book—I saw him that morning in Thornton-street; I stopped him, and went on with him—I could not tell what coat he had on; I did not take notice—I know he had a coat on—I stopped and talked to him; he was going towards Bermondsey-street—I did not stand and see him out of the street—I never knew him to keep a horse and cart, or a donkey and cart—I never knew him to have a black and white dog.

Cross-examined. Q. How far from his own house did you meet him? A. About 500 yards—I am not in the habit of meeting him frequently—I know he has two brothers; his brother William had a pony and cart, but it was sold three months ago—I heard of it—I met him, and I said, "Where is your cart?" and he said, "I have sold it"—that is as near three months ago as I can recollect—when he said, "I have sold it," I said, "You have found a market for it"—he said, "Yes."

WILLIAM PICKARD . I am a hair dresser. I reside at Bermondsey—I know Harradine—I recollect when Frost came in; it was on Monday, 15th Sept—on that morning I saw Harradine in his shop in Bermondsey-street; that is about six miles and a half from St. John's Wood—Dockhead is three quarters of a mile from Bermondsey-street—I purchased two glasses of him that morning, and I paid him about a quarter of an hour afterwards—I have no recollection of how he was dressed—I think he wan in his shirt sleeves—he is generally in his long over coat—I never knew him have a horse and cart.

Cross-examined. Q. What hour was it you saw him? A. About 11 o'clock—I was not asked to come here; I was asked to give the affidavit—I called at Mrs. Spleen's, who keeps a beer-shop, to have a glass of beer, and she told me about what Harradine was charged with—she knew it was the day she went to the Crystal Palace, and my mother went with her, and I knew it was the day of the Chartist meeting, for I saw them pass at the time. CLARK.— Guilty of Receiving. Aged 28.— Transported for fourteen Years.

HABBADINE— NOT GUILTY .

THIRD COURT.—Friday, October 31st, 1856.

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

Before Mr. Recorder and the Eighth Jury.

Reference Number: t18561027-1014

1014. JOHN FREEMAN , burglariously breaking and entering the dwelling house of Samuel Harriss, and stealing therein I set of bed furniture, 1 bolster, and other articles, value 24s.; his goods: to which he

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

Reference Number: t18561027-1015

1015. EDWARD WHEELER , burglariously breaking and entering the dwelling house of Henry Cole, and stealing 40 pieces of paper hangings 1 coat, and 1 pair of boots, value 10l.; his goods: to which he

PLEADED GUILTY . * Aged 21.— Six Years Penal Servitude.

Reference Number: t18561027-1016

1016. GEORGE CHARLES ROBINSON , feloniously marrying Mary Ann Reed, his wife Harriet being alive: to which he

PLEADED GUILTY. Aged 24.—Recommended to meray by the Prosecutrix—

Confined Nine Months.

Reference Number: t18561027-1017

1017. CHARLES HARRISS and ROBERT BILLINGS , burglariously breaking and entering the dwelling house of Daniel Brown, at St Aun's, Westminster, and stealing 8 coats, 104 handkerchiefs, and other articles, value 48l.; his goods.

MR. CAARTEN. conducted the Prosecution.

JAMES ELLIOTT . (policeman, C 43). About a quarter to 4 o'clock, on the morning of 2nd Oct., I saw the prisoners coming out at the side door of No. 43, Frith-street, Mr. Brown's—I was about fifty yards from the door—they walked away towards Soho-square—I went, and found the door three parts open, and a candle burning, just inside the door, up against the wall—I then went after the prisoners—they walked into Queen-street, and, seeing a sergeant, they ran, and they looked back, and saw me—I was then almost up to them—Sergeant Barton joined me at the corner of Queen-street—I sprang my rattle, ran after Billings, and stopped him in Greek-street, losing sight of him for a second while he was turning the corner—I took him back to the house, and then to the station, searched him, and found nothing on him—I asked his address—he said, No. 12, Bedford bury—I went there, and inquired of the lodgers, but could find no one belonging to him.

Cross-examined by MR. DOYLE. Q. Does Old Compton-street cross Frith-street? A. Yes—part of the shop front is in Old Compton-street, and part in Frith-street—the private door is rather in a recess, formed by the area railings—the part of Frith-street in which I was, exactly meets the opposite end—I have not paced it to ascertain the distance; fifty yards is a guess of mine—I saw both the prisoners on the night previous at the corner of Old Compton-street, opposite Mr. Brown's—Billings was dressed as he is now; he had that jacket on—I can swear that he came out at the door—I could see the door by the reflection of the candle—it was a dark night, and a dark doorway, and I could see the light—I distinctly saw the men by the light in the passage—it was not a darker night than ordinary—I could see them more plainly by the light of the candle than if there were no light at all—this plan (produced) is correct—the door was three parts open—I ran up—the men had got about fifty yards before I sprang my rattle.

COURT. Q. Do I understand you, that from the time the men came out of the house to the corner of Queen-street, you never lost sight of them? A. No; I lost sight of Billings at the corner of Queen-street for a second, but did not lose sight of him again till I took him.

WILLIAM FASNETT . (policeman, C 73). On 2nd Oct., about a quarter to 6 o'clock in the morning, I heard a rattle, and a cry of "Stop thief?"—saw the prisoners run from Queen-street into Greek-street—I was about forty yards from them—they are the men, but I did not know who they were at the time—Harriss ran into the doorway of No, 55, Greek-street—I secured him there, took him back to No. 43, Frith-street, searched him partially, and found sixty-three silk handkerchiefs bound round his body under his shirt—these (produced) are a portion of them—I took him to the

station, and found on him two coats and a waistcoat of Mr. Brown's; four silk handkerchiefs round the calves of his legs, over his stockings, and under his trowsers, and one round his neck—I examined Mr. Brown's house, and found the socket which the lock of the street door shoots into, forced partly off, sufficient to let the bolt out—that had been done from the inside—the area grating fastens with a look and chain; and a hook, which went round the bar, had been forced by some instrument, so that they could let the bar fall, and then get down the area—the kitchen window looks into the area—the grating was down when I went, and the kitchen window open.

Cross-examined. Q. Were there several people running in the street? A. Only two—there was a small candle in the passage, about eighteen to the pound—I saw both the prisoners the night before, standing by Mr. Brown's shop—I will undertake to say that Billings is one of the mem I saw running, I never lost sight of him; I could see his jacket torty yards, and there was no one else in the street.

WILLIAM BURTON . (policeman, C 22). I was in Frith-street, and saw the prisoners where it crosses Queen street—I was on the opposite side, and saw Harriss coming along, and Billings about ten yards behind him—Elliott was some distance behind them, pursuing them—I spoke to him at the corner of Queen-street, where Frith-street crosses—I joined in the pursuit, and the prisoners ran into Greek-street—I saw the same men taken—I am sure they are the men who I first saw in Frith-street—I saw no one else in Greek-street—I went to Kb. 43, Frith-street, and found this small piece of candle (produced) burning in the passage, and on the left of the passage a numberaf shawls tied up in this shawl, as many as it would contain—I found twenty-two handkerchiefs in the pockets of seme coats which were there, and which I was ordered not to bring here, and eight waistcoats and six coats on the floor—I found with the shawls a jacket, which I was ordered to give up to Harriss, he had asked for a jacket—I asked him which was his jacket, and he said, "This is" (I found it in the passage)—I said, "Do the keys belong to you that were in it f—he said that he knew nothing about them—there were four skeleton keys in the right pocket, and this handkerchief (produced); I believe that is the jacket which he has on—it has been a frock coat, and is altered, and is bound round the waist with worsted braid—the prosecutor's house is in the parish of St. Ann, Westminster.

Cross-examined. Q. Had the prisoners passed you? A. Yes, and I paid particular attention to them—I thought Harriss looked very bulky—that was before he began to run—as seen as I called "stop" they ran, and Elliott I came up not a minute afterwards—they only had to go round one corner afterwards—I unfortunately fell down just as I was about to seize Billings.

JOHN JAMES SCOTT . I manage the business of Daniel Brown, a pawnbroker, of No. 40, Frith-street, Soho. On 1st Oct., at hatf-paet 8 o'clock, I left the premises—I returned at 5 minutes to 8 o'clock next morning, and found the warehouse almost stripped—these articles are Mr. Brown's, including the handkercniefe—I saw the grating over the area perfectly safe in the course of the day, but did not notice it when I left—I never saw the kitchen window open before, and I have been there many years—the house is in the parish of St. Ann, Westminster.

Cross-examined. Q. Are you able to say that the door was fast? A. Yes, certain, and it was not opened—I went down and saw the area door belted, and the window is close to it, but I did not partiomlarly examine it—it is not a kitchen, it is a large cellar; there were about a domen wine bottles in

the window on that night, which had been there some weeks—I go down every night, or else send a lad down—I am sure I went down that night and saw the window shut down; I swear it—the house is on the west side of Frith-street—there is an iron railing in front; the private door is not more than six inches back from the street—the door can be seen standing at the corner of Church-street—any person who knocks at the door can be seen with ease from that corner.

MART ANN ABEL . I have charge of Mr. Brown's house. I went to bed at about 10 o'clock on 1st Oct.—I left the street door bolted, locked, and chained, and took the key to bed with me—I did not observe the area or the kitchen window.

HARRISS— GUILTY . Aged 21.

BILLINGS— GUILTY . Aged 28.

Six years Penal Servitude.

FOURTH COURT.—Friday, October 31st, 1856.

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

Before Mr. Common Serjeant and the Seventh Jury.

Reference Number: t18561027-1018

1018. JOHN MACEY was indicted for robbery, with violence, on Wilmot Cave Brown Cave, and stealing from his person three sovereigns, his money.

WILMOT CAVE BROWN CAVE . On Oth of this month I lived at No. 7, Lansdowne-terrace, West Brompton—between 11 and 12 o'clock on that night I was going from Bayswater to Brompton, down Paddmgton-lane—as I was going along a man attacked me from behind; he pinioned my arms down, and the prisoner seized me in front across my neck and grasped my neck—I am quite sure that the prisoner was the person who did that—he took a thin case, containing a Crystal Palace ticket, from my right hand waistcoat pocket, and three sovereigns from the left hand waistcoat pocket—he and his companion then both left me—there was only a gleam of light visible there at that time—I only just caught sight of him to see who he was, he had a brown shooting coat on and a cap—I did not see him again till that day week—I gave a full description of him at the station house.

Prisoner. Q. Why did you not proceed after the parties had robbed you? A. I remained at the nearest end of the lane and called to the police.

JAMES CLARKE . (policeman). I took the prisoner into custody on the night of the 16th of this month—I said, "I want you for a highway robbery at Kensington on 9th Oct."—he said, "I know nothing about it, but I know who did it."

Prisoner. I deny that—he said, "Come along with me:" I said, "I will not come with you."

COURT. Q. What were the exact words used? A. "I know nothing about it, but I know who did it; I did not do it myself, but I know who did it"—on our way to the station he said, "I have not been away from home for the last three weeks, I could not go out"

MARK LOOM . (police sergeant, B 11). I know the prisoner by sight well—I have known him for the last two years—on the night of 16th of this month, I saw him with two other men in Victoria-street, Westminster going towards Pimlico; it was about 9 o'clock—I was not present when

the last witness took the prisoner into custody, I heard him say, "I did not do it, I know who did."

Prisoner. I said, "I shall not come, I did not do it"—you said, "You must come"—I said, "If I must come, I will"—I never mentioned such words as, "I know who did do it"—there were two parties tried here last session, and when he came home, Mark Loom said, "Well, Fred, I have done for your two partners"—he said, "I have given them twenty years, I and you ought to have twenty years with them, but I shall give it to you before another fortnight"—I can bring six or seven witnesses to show that ha said so.

Witness. I said, "I will not have you hanging about here"—there were two persons convicted here last sessions and I was a witness; I said nothing to him about them.

Prisoner's Defence. On the evening when the policeman came and took me, he told me he wanted me for a robbery; I said, "I will not come, it is not me;" I said, "I know nothing about it;" he said, "You must come;" I said, "I will," and he takes me to the station house and searches me, and be goes to the prosecutor and tells him that he had the man who done the robbery; and he must come to the police station and recognise him; when he comes to the police station he recognises me, and he finds nothing about me; he goes to my wife, and says, "Don't you occupy that room?" she says, "I do;" and he says, "Where is the key of it?" she says, "It is in my pocket," and he takes it from her hand; he says, "I am going to search your house," and he walks along with her and he searches my home and finds nothing but four duplicates of the same night this robbery was done; the robbery was on the Thursday night, and on the next morning (Friday) I was obliged to put off my neck handkerchief to pawn to get me and my wife some breakfast, and dine us for that day; on the next morning my wife goes and pawns something more; about three or four mornings after that there was something pawned; four days before the robbery was done I was obliged to go to the pawn; I had not so much as sixpence to have my boots repaired; I know no more about this robbery than a baby; it is done for some spite.

JAMES CLARK . re-examined.. I found fourteen duplicates, and there were other tilings pawned on the morning after the robbery—the prosecutor was brought to the police station, and saw the prisoner—I fetched him, and he looked at the prisoner; nobody else was present.

GUILTY .

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

ALFRED GREEN . (City policeman, 376). I produce a certificate of a former conviction here, in Aprli, 1854, for picking pockets—(read)—the prisoner is the person.

GUILTY. ** Aged 28. four Years Penal Servitude.

Reference Number: t18561027-1019

1019. THOMAS FREEMAN , feloniously and knowingly uttering a forged order for the payment of 7l. 7s., with intent to defraud William Suffell: to which he

PLEADED GUILTY . Aged 19.— Confined Six Months.

(The prisoner received a good character.)

Reference Number: t18561027-1020

1020. JAMES BARTON , stealing 9 yards of cloth; the property of Matthew Harridale.

HENRY KITTS . (policeman, 567). On 29th inst I was on duty ia the Minories—I met the prisoner walking with a piece of cloth under his arm—I asked what he was going to do with it—he dropped it, and ran away—I ran after him—a man picked up the cloth, and gave it to me—I asked the prisoner his address, and he refused it to me.

MATTHEW HARRIDALE . I am a tailor, at No. 110, Minories. This piece of cloth is mine—I cut a coat from it on Tuesday afternoon, the 28th inst and put the remainder of the piece on the shelf—I saw it there the next morning—I had occasion to go out at about 9 o'clock, and left my son in the shop—I returned at twenty minutes before 10 o'clock, my son was in the parlour—having lost a piece of cloth the week before, I looked round and missed this piece—a policeman then walked in with this person in custody.

Prisoner's Defence. I was coming down the Minories, and was going to Tower-hill to see if I could get a job of work; I saw this piece of cloth at the corner of the court I ran with it under my arm; I was going with it to the watch house; I had a notion that it might be stolen, and I dropped it, as I thought I might get into trouble, as I am sorry to say I have; I have a wife and three children at home, entirely depending upon me.

GUILTY .— Confined Three Months.

Reference Number: t18561027-1021

1021. WILLIAM WOOD , stealing 16l.; the moneys of William Richard Jackson, his master.

WILLIAM RICHARD JACKSON . I am a meat and poultry salesman in Newgate-market. The prisoner was in my service—I gave him 16l. to buy some poultry in Leadenhall-market, on 1st Jan. last—he came back to me in the afternoon, and said he could not see anything at all likely to suit me, but he knew of a vessel coming up from Sherborne with some geese in, and if I would let him keep the money, he would see and get a bargain—he did some little business for me, and bought some geese, and then went away with the money in his possession—I have not seen him since—this was on the very day he came into my service.

Prisoner. At the time I was in partnership. Witness. He was not—he was a general buyer and seller—he was to have wages, what I considered him worth—that is the general way I employ men—when I find a good man, I give him accordingly.

Prisoner. Such a thing was never known in the memory of man for a servant of our description to go into service without settled wages—I left a service I was in, where I got 22s. a week, to go with him. Witness. That is not true—instead of his paying for these geese, I paid for them myself—I had known the prisoner previously, only occasionally, coming and buying—he was in a respectable service with Mr. Fowler—I knew him to be a respectable tradesman, and that is the reason I took him after he was disengaged.

GEORGE TOWNSEND . (policeman, A 385). I took the prisoner into custody on another charge.

Prisoners Defence. I was in service, and the prosecutor wished me to leave, to come into partnership with him, which I accordingly did; he could not agree to give me any wages, and we agreed that I was to have half the profit of the trade; that is, half what it realized; so I went on the 1st Jan. into the concern; the next day after, I bought some ducks and geese, and paid 10s. 6d. with the money, and the geese he paid for out of a cheque, because he would have some silver in his possession as well as me; I offered him the money two or three times, and he says, "I do not want it;" I had the money on conditions of his lending it to me; I never stole a penny; he came to Leadenhall-market and gave me the money, in a paper parcel, in my hand; I did not know what it contained till I went home; then I came back the next day and bought the ducks; I cut the string of the parcel when I went home, and counted it; there was 16l.; I bought the ducks at

1s. 6d. a piece; he said he would pay for the geese with a cheque, as he should have some change left as well as myself; there was a person present when there was an agreement that we were to be partners, and we went and had a drop of gin, and he wished us good luck to begin trade with; it is well known in the market that we were in partnership; I gave a fortnight's warning to go into business with him; it is a false word about his saying he took me into the situation, because it is not likely I should leave 22s. a week, to go into a situation for what I was worth, because he might, at the end of the week, say I had not earned much, and could not give me anything; I went with the intention to have half what the trade realised, little or much.

GUILTY .— Confined Nine Months.

Reference Number: t18561027-1022

1022. WILLIAM SPENCER FREEMAN , stealing 4 sovereigns; the moneys of Adolphus Drumm.

ADOLPHUS DRUMM . (Through an interpreter.) I am the head waiter at the Hotel de Provence. The prisoner was employed there to clean boots—on 27th Sept, at about 7 o'clock in the evening, I went to the tap of the hotel, and asked for the porter—the prisoner asked me what I wanted the porter for—I told him I wanted change for four sovereigns, and he said he would get it for me—I gave him the four sovereigns—he said he would go to the baker's shop; and I told him if he could not get all the change, to bring back as much as he could—he went away, and did not come back again—I saw him next morning at the soup kitchen in Windmill-street—I asked him for the money—he said he had not got the money, he had lost it—he said, "Do with me what you like."

EDWARD SHARVILL . (policeman, C 5). I took the prisoner into custody—I asked him what he had done with the money—he said he had changed some of the money—he paid half a crown for a cab, and rode to the Standard Theatre, he paid 1s. to go in; and after he had been there he put his hand into his pocket, and found the money was gone.

GUILTY .

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

CHARLES ALBERT . I produce a certificate of the prisoner's former conviction—(Read: "Convicted at Westminster, Sept., 1855, of stealing 2l.: Imprisoned six months")—the prisoner is the person.

GUILTY. Aged 38.— Confined Twelve Months.

Reference Number: t18561027-1023

1023. PATRICK MALLET , burglary in the dwelling house of George Marsh, and stealing therein 5 yards of cloth, 1 pair of trowsers, and 1 pair of shoes, value 2l.; and the sum of 7s.; his property.

GEORGE MARSH . I am a tailor, living at No. 7, Steere-street, Paddington. On 27th Sept., at about half past 5 o'clock in the morning, I was disturbed by a rattling noise in the shop—I got up and looked round—I could see nothing, and I got into bed again—about a quarter of an hour afterwards I heard the same noise—I went to the shop again, and saw the prisoner at one of the tills of the counter, taking money out of it—I asked what business he had there—he said he had come for a glass of water—I put my clothes on, and gave him in charge of my wife while I went for a constable—I saw that he had got in through the shutter box, which is on the outside of the shop—the window projects, and there is a shutter box that opens to put the shutters in—at night this is empty, and it had been forced open—there is room enough for a boy to get in, and the wainscot had been broken through by force—it was only nailed up by some small tacks—I do not know the prisoner at all—he had only about 7s. in money—there was somebody outside—when I went out I saw a man and a boy standing there—I

did not take much notice of them—I gave the prisoner into the custody of Michael Levy.

GUILTY .—Aged 12.

JOHN DARBY . (policeman, 346,) stated that the prisoner had been repeatedly in custody, and that he belonged to a very bad gang.— Confined One Month, and then detained for Two Years in a Catholic Reformatory School.

Reference Number: t18561027-1024

1024. THOMAS HANDS , stealing I gelding, the property of john Davis.

JOHN DAVIS . I am a rope mat maker livingat No. 5 Brunswick-street, Homerton. On 3rd of this mouth I had a horse, and turned it out into the Hackney Marshes—I saw it again on 5th instant in the hands of the police—the value of it was 5l.

GEORGE GUTTERIDGE . I am a dealer in hay and straw at Kensington. On the evening of 4th inst., I went to the Elephant public house—I saw the prisoner there—he had a horse with him—I asked whether it was his horse—he said, no, it was his governor's—I asked who his governor was, and he said, Mr. Gibson, greengrocer, High-street, Hackney—I asked him what he wanted to sell it for—he said, because it was getting old, and he would put another in its place—I asked what he wanted for it, and he said 2l.—he said it was to be killed—I said I should not like to give 2l. for it, it was not worth that, I should not like to give more than 25s. for it—he agreed to take that—I had only 15s. in my pocket, but I said I would give him the other 10s. when I got home—he gave me the papers I now produce—he wrote one piece of paper—I said "That will not do; I am not satisfied with it; you had better write another," "George Gutteridge bought a horse of Thomas Hands"—then he wrote "J. Gibson"—I went to the police station after that.

Prisoner. Q. Did I not give you a paper first with, "Bought of Mr. Gibson; signed by Thomas Hands"? A. "Thomas Hands "is the first paper you gave me.

WILLIAM LAMBOURN . (policeman, N 489). There is no person of the name of Gibson in High-street, Hackney—I went with the last witness to the Elephant—I saw the prisoner; I asked him where he had got the horse from, and he then told me he had got it from his master, where he had been at work for a week, Mr. Gibson, of High-street, Hackney—I told him I must detain him at the police station till I made inquiry—I made inquiry all over Hackney, and I could not find any such name.

Prisoners Defence. On Saturday evening I was coming along Hackney, when a man came up and asked me if I wanted a job; I said, "Yes;" he said he would give me one; he had got a horse with him which he wanted to take to a public house at Kensington; he said he would pay me for my trouble; I was to meet him at the Mermaid Tavern, but I was detained by the constable.

GUILTY .

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

GEORGE LANGDON . (policeman, C 654). I produce a certificate of the prisoner's former conviction here, on 28th Feb., 1853, on his own confession, of stealing a saddle, a bridle, and a pair of reins, having been before convicted of felony—(read)—he was released in about six months on a ticket of leave—he has been tried four times.

GUILTY. **.— Four Years Penal Servitude.

Reference Number: t18561027-1025

1025. WILLIAM THOMAS BUTLER , feloniously receiving 34 mantles, value 18l.; the goods of Maria Louisa George, well knowiug the same to have been stolen.

CHARLES BAKER . (policeman, 635). I was on duty in Petticoat-lane, on the night of 9th Sept. last—I saw the prisoner with a wicker basket on his head—I asked him what he had got there—he said, "Clothes"—he said he was going to Moses and Son's, and he said he had brought them from Brick-lane, Shoreditch—I asked from whom, and he said a man and a woman asked him to carry it—I found the basket contained thirty-four ladies' mantles.

Prisoner. Q. Did you ask for my address? A. Yes, you gave it me, and I found it right.

MARIA LOUISA GEORGE . I am a widow, living in Canterbury-place, Walworth. I make up caps and other goods for Messrs. Nicholson, of St. Paul's Churchyard. On 9th Sept., about 5 o'clock in the evening, I sent a quantity of mantles, in a wicker basket, to Messrs. Nicholson, by a lad in my employ—the articles produced are some of those I sent in the basket—I have seen the remainder—the basket produced to me was the same in which I sent the mantles—I do not know the prisoner.

Prisoner. Q. I believe you said you had no character with your porter? A. Yes, I had.

CHARLES BAKER . (policeman, C 635). The lad got connected with another man; the boy absconded—I and my brother officer have been after him a fortnight.

FREDERICK CHARLES GEORGE . I am the superintendent of Messrs. Nicholson's house. The mantles in question were not delivered at our place on 9th Sept.—they have not been delivered since.

Prisoner's Defence (written). I am a porter; on the evening in question, I was coming from the Bethnal-green-road; as I came down Brick-lane, a man and a woman stopped me against the Bricklayer's Arms, and asked me if I wanted a job; I said, "Yes;" they said if I would carry this basket of cloaks to Moses and Son's, in the Minories, they would give me 1s.; being out of employment, I took the basket; I was told to go down Wentworth-street, and down the lane, as that would be the nearest way; I was going along Petticoat-lane, and the policeman stopped me; I then looked round for the people that employed me, but I could not see them; but I saw them just before, and they told me to go straight on; I could swear to the persons again that employed me; it was not for me to ask those that employed me who and what they was, as I should have insisted on their paying me when I had done my job of carrying them; the police, I do think, will admit I gave them every assistance in my power, and told them no untruth; I am indicted for stealing the things; the prosecutrix admits she gate them I into the porter's hands, and sent him away with them.

NOT GUILTY .

Reference Number: t18561027-1026

1026. CHRISTOPHER HORNE, JOHN HALL , and TIMOTHY CARTER , burglariously breaking and entering the dwelling house of William Geaves, at St Mary, Islington, and stealing therein I timepiece, and I case of surgical instruments, value 2l.; his property.

MR. ORRIDGE. conducted the Prosecution.

WILLIAM GEAVES . I live at No. 2, Charles-street, Caledonian-road. On the night of 22nd, or early in the morning of 23rd Aug., my house was broken into; two desks, with their contents, a number of letters and documents, a timepiece, a case of surgical instruments, and a joint of meat were taken away—I saw the timepiece and the case of surgical instruments some weeks after—they were brought to my house—on the night of the burglary I went to bed at half past 10 o'clock—I fastened up the house myself.

CHARLES BILLITT . I live at No. 26, Bingfield-street, Caledonian-road.

In Aug. last I was lodging at Sntton-gardens—Timothy Carter, Christopher Horno, and a man named Jenkins lodged in the same house—nine weeks ago I heard Carter and Home come home in the morning—it was about 4 or 5 o'clock—they had a timepiece, a case of surgical instruments, two cases, and some other things with them—by "cases "I mean desks—they did not bring the timepiece home with them first—they said that there was a timepiece on the shelf, and they would go home and fetch it—they went back and fetched it, and sat down—John Hall came and fetched the things away—I did not hear anything that passed between Hall and the other two men—it was Hall who took the things away.

COURT. Q. Was anything said about any price? A. I would not be sure, but 50s. was mentioned—there was only John Hall came, and I think he was to pay 50s.

Cross-examined by MR. PAYNE. Q. How old are yon? A. Fifteen—I get my living by working with my father—I am working with him now—Timothy Carter enticed me away from home—my father did not turn me out—I will swear that—my father and mother did not accuse me of stealing their property—I cannot say for certain how long I lived with Carter away from my father and mother—some weeks ago Carter, Horne, and a man named Jenkins came in in the morning—I was left in the house that night—they came in between 4 and 5 o'clock in the morning—I looked at the clock and the surgical instruments—I did not take them in my hand.

Cross-examined by MR. SHARPS. Q. Had you any quarrel with any man in the house? A. I had with Jenkins—not with any of the others.

Q. You said just now, in answer to my Lord, that you heard something about 50s. having been offered for these articles—first you said, "I could not hear what Hall and the other men said, "and afterwards you said something about 50s.; Of.; how do you reconcile that? A. I do not know—it is not true that I was turned out by my father for six months—I have been in the habit of getting my livelihood by working with my father—I have been to the theatre sometimes—I paid for admission; my father used to give me the money—I never had money in any other way—I never picked gentlemen's pocketeI never was brought up to that—I cannot say what day in the week it was when they came in at 5 o'clock in the morning, nor the month—I did not first give information to the police—they came to my house and asked me—I was working for my father—he had just come home from dinner when they came—I have not been kept by the police for the last month—my father has been supporting me—I went back to my father the day the robbery was committed.

COURT. Q. How long were you away from your father's altogether? A. About six weeks.

ROBERT GOULD . (policeman, N 466). From information I received Iwent with another constable to the White Swan beer shop, in Maiden-lane, 4th Oct., and found a timepiece—Hall was not there, he was in another beer shop—as we were all going back we went in there, and Hall called out, j "That is my clock"—I took the timepiece into the beer shop where Hall was—I said, "Can you swear to it?"—I took it close to him, and told him I should take him into custody for feloniously receiving it—he said that to could swear to it, and that it was his clock—I afterwards went to to lodgings in Adam's-place, Holloway—I found a quantity of silver spoons and patent spoons and forks, a case of surgical instruments, a tortoise shell box, and other articles—the articles now produced I found in his lodgings.

Cross-examined by MR. PAYNE. Q. How long have you known this boy?

A. About six weeks—I have not had the care of him since he has been a witness—he has been living with his father at home—I found him at his father's house—his father is a respectable hard working man—I never knew the boy before this occurrence—I never had him in custody—he was once in custody for throwing a stone at a dog, and was fined 1s.—I never saw him in any other trouble, or for picking pockets.

Cross-examined by MR. SHARPE. Q. Was there not some woman or girl examined before the Magistrate? A. No, the Magistrate would not hear her evidence; she offered to give evidence against the prisoners, but the Magistrate would not listen to it.

HENRY REDSTALL . (policeman, N 381). I was with the last witness when Hall was taken into custody. I saw him take this timepiece to Hall on the Monday following that I had charge of Hall—he said that the timepiece was his, he bought six years ago at a sale at Stamford-hill.

WILLIAM GEAVES . re-examined.. The timepiece and the case of surgical instruments now produced were safe in my house at 10 o'clock on the night before they were stolen.

MR. SHARPE. Q. The case of instruments, I think, is not an ordinary one? A. No, it fell into my hands six years ago, and has lain in a cupboard ever since—I gave the name inside, to the police before it was opened, the name of Evans, and there is a particular tear in the case and and particular spots on one of the instruments.

Carter's Defence. Those things were never in my place; I never saw them in my life before.

The prisoner Home coiled

THOMAS HOBSON . I live at No. 6, Muggle-street, Highbury. I have two houses—I have known Home five years or better—I have employed him as a bricklayer, and for that time, on and off, he has worked for me—I have always considered him a sober, steady, hard working man—if he had been disposed to rob me, he has had the opportunity of doing so.

ROBERT GOULD . The prisoner Home was in custody before—he was found on a jeweller's shop in the Holloway-road, with intent to commit a felony—Hobson gave him a good character, and he got off with six weeks' imprisonment.

COURT. to THOMAS HOBSON. Q. You gave this person a good character, did you know of his having been tried last December? A. I spoke as far as my personal knowledge, and I know nothing against him—at the moment I spoke, I did not give it a thought—I appeared for him, knowing him so long, and knowing nothing against him—knowing he was in trouble, I came forward to speak of his character, and the Magistrate at the police court held him to bail—I did not think of naming it, as it did not cross my mind—he worked for me, and I spoke as I found him—I had heard that he had heen found on a jeweller's shop, but what his intentions were, I cannot take on myself to say—he was convicted.

(The witness was committed to Newgate for the remainder of the session).

Hall. When I was taken into custody, I was at work with my father, and it was proved that my father bought the articles I was charged with stealing.

HORNE— GUILTY . * Aged 26.— Four Years Penal Servitude.

HALL— GUILTY . ** Aged 29.— Confined Twelve Months.

CARTER— GUILTY . Aged 22.— Six Years Penal Servitude. (See page 925.)

OLD COURT.—Saturday, November 1st, 1856.

PRESENT—Mr. Justice ERLE.; Mr. Baron MARTIN.; Mr. Ald. COPELAND.; Mr. Ald. CUBITT.: Mr. Ald. CARTER.; Mr. COMMON SERJEANT.; and MICHAEL PRENDERGAST, Esq.

Before Mr. Justice Erie and the Fourth Jury.

Reference Number: t18561027-1027

1027. WILLIAM JAMES ROBSON was indicted for stealing, on 14th Aug., 8 certificates of shares, value 5l. each; also, 100 certificates of shares, value 5l. each; also, 5 certificates of shares, value 5l. each; the property of the Crystal Palace Company, his masters: to all of which he

PLEADED GUILTY . Aged 35.— Transported for Fourteen Years.

Reference Number: t18561027-1028

1028. WILLIAM JAMES ROBSON was again indicted for feloniously forging and uttering a transfer of 50 shares, and interest, in the capital stock of the Crystal Palace Company.

MR. SERJEANT BALLAXTINE, with MESSRS. BODKIN. and HAWKINS, conducted the Prosecution.

GEORGE SIDNEY CLEMENT . I am a stock broker, carrying on business in the City. I am acquainted with the prisoner—he was in the habit of employing me in my business—in Jan. last he employed me to sell 100 shares in the Crystal Palace Company—I sold them in the market to brokers—50 shares were sold to Mr. Low, and 50 to Mr. Brandard—I received 295l. for the 100 shares—I paid that to the prisoner—this (produced) is a transfer deed; it was either sent or brought to me by the prisoner—I observe a signature to the execution of it by Mr. Johnson, the seller—I cannot swear to that handwriting—I am acquainted with the prisoner's handwriting, it is rather like his—the signature of "William Jas. Robson "is the prisoner's writing—this reached me at No. 7. Bank-chambers, I believe, before I paid over to the prisoner the purchase money of those shares—I delivered that paper to the person to whom I sold the shares.

(MR. BODKIN. proposing to read the transfer, MR. GIFFARD, for the prisoner, objected, until the signature of the purchaser was first proved in the ordinary manner, by calling the attesting witness.)

GEORGE FOSSON . I am treasurer and registrar of the Crystal Company, I have the charter of incorporation here, it is dated 28th Jan., 1853—the prisoner was in the service of the Company—he entered the service in the early part of 1853, and continued in it till 17th Sept. last—on 30th June, 1854, he was appointed chief clerk in the transfer department, at a salary of 150l. a year—there are register books of the shareholders in the Company, and a register book of the transfer of those shares—there is also a guard book, in which the transfer deeds from time to time are posted, so as to be preserved in the office of the Company—those books were under the charge of the prisoner as principal clerk in the transfer department—a certificate of proprietorship was, in the first instance, issued to each proprietor of shares—they were not all delivered out to the owners; those that were not delivered out were returned by the Company, until they were required by the owners—those certificates would be accessible to the prisoner; they were not strictly under his care—on the morning of 17th Sept. last, a complaint of irregularity was made against the prisoner, in the presence of Mr. Grove, the secretary—the irregularity was the passing of transfers

through the books without a title! in the transferror—this took place in my room at the Crystal Palace—upon that complaint being made, the prisoner said that it did appear to be irregular, but that he had the necessary transfers in his possession that would make it right—I asked him if he had them there—he said no, they were at his private house, which was at Kilburn—he offered to produce the transfers to me, if I would accompany him to his private house, and I went with him—when we arrived there, he left the room into which we were shown, two or three times, apparently from observations he made, with a view of getting papers together, and the last time he left the room he did not return—I never saw him again until I saw him in custody at the police court at Lambeth, about a fortnight or three weeks ago—after my visit to Kilburn, I made search in the office that was occupied by the prisoner at the Crystal Palace—I made a partial search the next day, and continued the search for some days—I cannot remember that I found this particular document—I know the prisoner's writing very well—the signature of the attesting witness to the name of Johnson is in the prisoner's handwriting—I have the register of shares in Court (produced)—these are the A shares—I have looked through this book myself—Henry Johnson is not registered on the A list of shareholders—this transfer applies to the A shares—I beg to correct my answer; Henry Johnson is registered, but not in respect of these shares; he is described as of "Birmingham, contractor"—he is not registered in respect of shares 145,052 to 145,101—the shares not called A and B shares are the original shares of 500l. each—then there was a second issue of 250,000l. A shares, a third issue of 150,000l. B shares, and a fourth issue of 150,000l. preference shares—a person who had shares transferred to him, would deposit the deed of transfer at the office of the Company—it would be the prisoner's duty to see that the deed of transfer was properly registered on the books—I have before me an entry to the credit of Joseph Low's account of 50 shares, numbered 145,052 to 145,101—the whole of that entry is in the prisoner's handwriting—there are two columns in the book, one for the date of transfer of shares to the credit of the account, and also a column for the number of transfer of shares to the credit of that account—the transfers are numbered consecutively—there is no entry of the date, or number of the transfer, of the 50 shares to Mr. Low.

Cross-examined by MR. GIFFARD. Q. Is that the only register? A. This is the shareholders' register—there was a numerical register—it is not in existence now; it has fallen into disuse, and has not been entered up—it is at the office of the Company—it has not been entered up for these two years—it was kept by one of the junior clerks in the office, whoever was disengaged, no one in particular—I have examined that recently—it was the immediate duty of the prisoner to see that the transfers were regularly registered; I was the superior officer, but I had several departments—at every general meeting of shareholders a register was made up purporting to be a complete statement of the shares—it appeared to be complete—I looked at the total—I did not go into all the details personally, or add up the shares.

HENRY JOHNSON . I am a contractor and builder, living at Birmingham, and am a connection of the prisoner's. There is no other person of my name carrying on the same business at Birmingham—the signature of Henry Johnson to this deed is not mine—it is not my writing; I never gave any person authority to write it.

Gross-examined. Q. Did nothing ever pass between you and the prisoner

about your having shares in the Crystal Palace? A. Never—I am quit, sure of that—there were some money transactions between us—I am quite positive that nothing was ever said about my consenting to take shares and transfer them to him—nothing was ever said about his using my name as a shareholder—nothing of the sort.

GEORGE GROVE . I am Secretary of the Crystal Palace Company. I believe I was at the Palace when a search was made in the office occupied by the prisoner—I cannot say that I saw any transfer of shares found in a closet there—I am well acquainted with the prisoner's handwriting—I believe this signature of Robson to be his writing—the signature of Johnson I also believe to be his writing.

SAMUEL COPPIN . (police sergeant, P 15). I apprehended the prisoner on 7th Oct. at Copenhagen—I said to him, "Well, Mr. Robson, I have come to you with reference to this aflair at the Crystal Palace"—he said, "Yes, I know; I am very sorry; I have done wrong, and I must suffer the law"—I said, "Then are you willing to go back to London with me?"—he said yes, he should be glad to get back—I said, "Then we will prepare to go"—I then said, "Have you any money with you?" and I searched him—on our road home I told him I had been informed that he was 20,000l. deficient at the Palace—he said no, he did not think it was so much as that; he thought it was about 10,000l.; if he had his papers and his books he should be able to tell me—I told him no doubt Mr. Smith had got them, and he would get them when he got to London.

GEORGE FASSON . re-examined.. I have no doubt that the numbers on this document, 145,052 to 145,101, are in the prisoner's handwriting.

(MR. GIFFARD. again submitted, that this document could not be read, being incomplete by reason of the attesting witness to the signature of Law not being called. MR. JUSTICE ERLE. was qf opinion that there was nothing in the objection; the document was not tendered as a valid instrument, but as an invalid one, by reason of forgery, and that part of it which was attested by the prisoner was a part in respect of which the crime was alleged to be committed; the other part, for the purposes of the present trial, was entirely irrelevant.)

(The document being read purported to be a transfer from Henry Johnson to Joseph Low of fifty shares in the Crystal Palace Company.)

MR. GIFFARD. to HENRY JOHNSON. Q. You say that nothing was said to you about taking shares in the Crystal Palace; just be careful in your recollection, and tell me whether something of this sort did not pass; do you remember the prisoner saying that he did not wish his own name to be placed on the Stock Exchange, and might he use yours? A. He never said that to me; nothing to that effect—I never said, "You may do what you like, I don't care"—he did not say that he objected to his name being used on the Stock Exchange, and might he use mine—nothing of the sort ever passed between us.

Q. I am not asking whether it was proposed to you to be a participator in the forgery or fraud, but whether he might take shares in your name? A. He never said that to me, nor anything to that effect—I clearly understand what you mean—he never said anything to me about objecting to his name appearing on the Stock Exchange—I am quite positive of it—I do not remember his having a conversation with me about the Stock Exchange at all—I am sure that no such conversation took place.

(MR. GIFFARD. submitted, that the document in question was an incomplete instrument, and therefore not a transfer, as alleged by the indictment. MR. BODKIN. stated, that they had sent for die attesting witness; at the same time he

contended that such proof was unnecessary; in the case qf the forgery of a transfer of the stock in the Bank of England, the purchaser may not accept till long afterwards, yet that would be undoubtedly a forgery of a transfer. MR. JUSTICE ERLE. observed, that in the ease of Bank Stock the transfer passed by the signature of the trantferror, but in a chartered company the transferee did not obtain any interest in the company until he had executed the deed, and obtained the registration of fa instrument. MR. BODKIN. stated, that there were counts calling it a deed, and he submitted, that this being a deed under seal, was a perfect deed of Johnson's at the time he executed it, MR. GIFFARD. urged, that although it might be a deed as between the parties, yet it was in reality a deed of transfer; and in order to make it a deed of transfer, its execution, both by fa seller and purchaser, must be regularly proved. MR. JUSTICE ERLE. was of opinion that fa objection was answered; it was clearly a deed, and he should also hold it to be a transfer.)

MR. GIFFARD. to HENRY JOHNSON. Q. You had borrowed money to a very considerable extent from the prisoner, I believe? A. Yes; I do not remember seeing him in Lombard-street; I may have done so—I do not recollect seeing him there when something was said about the repayment of the money which I had borrowed—I cannot swear that it did not take place, but I have no recollection of it—I do sot recollect his speaking to me about selling shares to enable him to repay the money that he had borrowed, in order to lend to me—I will swear that nothing of that sort took place—I remember the last time on which the subject of my borrowing was mentioned—that was not in Lombard-street—I win swear that on that last occasion nothing was said about his not liking his name to appear on the Stock Exchange or on any occasion—I think I had borrowed about 700l. or 800l. of him—I have no recollection of seeing him at the telegraph office in Lombard-street; I am not aware that there is a telegraph office there—I remember a considerable sum of money being telegraphed down to Birmingham by myself—I do not recollect the exact date of that, I cannot say the date at all; I think it was in 1854—it was not the beginning of 1855—I do not speak with great certainty about the date of 1854; it certainly wag not in 1855—H was not in Dec. 1854—I telegraphed from London—I did did not telegraph any money—I sent a message to Birmingham to my clerk there respecting money for the payment of wages—I will swear that on that occasion nothing was said by the prisoner about not wishing his name to appear on the Stock Exchange—I am quite positive of it—I was not aware that the prisoner was going to transfer snares; nothing was said about shares—I will swear that—I was not aware that my name was registered as a shareholder, or that I was treated as a shareholder of the Crystal Palace I Company—I never heard of it until you mentioned it now—I was not aware that my name appeared on the register.

Q. Can you give me any idea what it was that passed between you and Robson on that occasion when you sent that telegraphic message? A. I asked him if he could borrow me 100l., which he did; he borrowed it.

COURT. Q. Where was it that you asked if he could lend you 100l.? A. At the telegraph office, I think; I will not be sure.

MR. GIFFARD. Q. At the telegraph office in Lombard-street? A. Not in Lombard-street, in Cornhill—when I asked him if he could do this, he said he would endeavour to obtain it—I do not recollect that I then went to No. 3, Adelaide-place, London-bridge—I cannot recollect where I went to—raay have gone to Adelaide-place, but I do not recollect; I cannot say which way I went—I got the money from the prisoner in Corahill, at the

telegraph office—he did not pull the money out of his pocket when I asked him for it; he went and got it and left me there—I have no letters or correspondence of his with me which would enable me to fix the date with certainty—I was certainly not aware of his being about to use my name on the Stock Exchange in lieu of his own.

MR. SERJEANT BALLANTINE. Q. Have you ever claimed any interest at all in any shares in the Crystal Palace Company? A. No; I am not aware that any intercut has ever been claimed on my behalf—the prisoner and I are brothers-in-law.

GUILTY . Aged 35.— Transported for Twenty Years, to commence concurrently with tlie sentence upon the previous indictments.

(There were other indictments against the prisoner.)

Before Mr. Common Serjeant and the Fourth Jury.

Reference Number: t18561027-1029

1029. WILLIAM SMITH , feloniously cutting and wounding William Ward on his head, with intent to murder him.—2nd COUNT, with intent to do him a bodily injury dangerous to life.—3rd COUNT, discharging a loaded pistol with a like intent.—4th COUNT, with intent to do grievous bodily harm: he

PLEADED GUILTY. to the 4th Count, and MR. COOPER, for and Prosecution, offered no evidence on the others.— Confined Eighteen Months, and to enter into recognizances to keep the peace for Two Years.

Reference Number: t18561027-1030

1030. ROBERT MCCARTHY , being the master of a ship, unlawfully forcing Daniel Donovan, a seaman, on shore out of Her Majesty's dominions, and before the completion of the voyage for which he had been engaged.

MR. W. J. PAYNE. for the Prosecution, offered no evidence.

NOT GUILTY ,

Reference Number: t18561027-1031

1031. JAMES JERMY , unlawfully and indecently assaulting Thomas Day.

MR. W. J. PAYNE. for the Prosecution, and MR. THOMPSON. for the Defence.

(The prisoner received an excellent character.)

NOT GUILTY .

NEW COURT.—Saturday, November 1st, 1856.

PRESENT—Mr. RECORDER.; Mr. Ald. COPELAND.; Mr. Ald. CUBITT.; Mr. Ald. CARTER.; and Mr. Ald. HALE,

Before Mr. Recorder and the Seventh Jury.

Reference Number: t18561027-1032

1032. JOHN BARRETT , stealing I watch, value 2l.; the property of Daniel O'Sullivan.

MR. LILLEY. conducted the Prosecution.

ELLEN LEAHY . I am in the service of Daniel O'Sullivan, who keeps the Horns, public house, in Petticoat-lane. On a Monday night, in Oct., about the 6th, we had a silver watch, with a white face, at our house, for a raffle, which was to take place on the next Monday—it was placed in the bar—it hung over the parlour door, that the customers might see it—the prisoner was standing at the bar, drinking with some others—they went out, and then the prisoner and another man came in again, and the other man put his hands on the bar—the prisoner went to the watch and took it, and they both walked away together—there was no noise nor disturbance then—that was the first time—thoy were out about ten minutes, and then the prisoner and the other man came in alone—there waw not a number of persens

there the second time, but there was the first—the second time he took the watch—the first time there was a fight—there was a row with some of their friends—after the row or disturbance, I saw the watch safe—the prisoner went out and came in with the other man, whose name is Michael Barrett—I believe he is not the prisoner's brother—I think he is his cousin—I did not see anything that happened outside, but when they took the watch I went to the door to see if they would come back with it, and they did not—I told a policeman—when the prisoner took the watch I went under the parlour door, because he used a bad expression to me—the watch hung over my head—Michael Barrett was drunk, and the prisoner had hold of him—I was frightened that they would not bring it back, and my master was out—they did not come back, and I told the policeman of it about an hour afterwards—I shut up the house when all the people were out, and I went with the policeman to Barrett's house—I forget the name of the street—we found him at home, in bed—that was about half past 8 o'clock.

Cross-examined by MR. SLEIGH. Q. When the policeman awoke him, did he tell him he came to take him in custody on a charge of taking a watch from the Horns? A. Yes, he asked me if that was the man that took the watch—I said "Yes"—the prisoner said, at the police station, that he was innocent, and it was a mistake—I did not hear him say that in the room—he might hare, and I not heard it—I said to the mother, "Give me the watch that he took from my master's house"—I paid no attention to what the prisoner said—I do not know what he said; he was half asleep—I saw the policeman feel the prisoner's pocket—there was no watch found—I believe the watch belonged to a young lady, named Mary Mahoney, who left it with with Mr. O'Sullivan—it had been hanging there from the Monday week before it was taken—it had been there several days—on this Monday evening, early in the evening, there was a crowd there, about ten minutes before they took the watch—there was a great crowd, men and women—they were not quiet—a good many had been drinking, but they had nothing to drink there—they kicked up a row, then they left, and in ten minutes the prisoner and another man came back—no one came with them—there was no one in the bar but myself—my master was at Deptford—the other man was a bricklayer's labourer—he came and had his dinner beer there every day—I never saw the prisoner before—he was not a minute in the place—I do not know whether it was a common watch—it was raffled for before, and 2l. was got on it—Miss Mahoney got it, and then it was to be raffled for again—many persons took it down to look at it.

MR. LILLEY. Q. Did you see the prisoner the first time tliey came in? A. Yes, they had one pot of beer between the two of them—I served them—they drank it at the bar—they were very nearly an hour drinking it—when they came in the second time they were not there many minutes.

MR. SLEIGH. Q. Was the prisoner drunk? A. No, he knew what he was doing very well—he was not sober—when they went out the prisoner knocked Michael down.

COURT. Q. You went with the policeman to where the prisoner lodged? A. Yes, the policeman found it out—we went to Michael's home first, and Michael was so drunk he could not speak.

CHARLES BROWN . (City policeman, 654.) I received information from the last witness, about 8 o'clock, and took her to No. 6, Goul-stone-court, Goulstone-street, Whitechapel—she bad described the man to me, and in consequence

of that description I went to that plaoe—I found the prisoner lying on the bed—he was dressed, except his shoes—he was asleep, apparently—I roused him up, and said to the witness, "Is this the man?"—she said, "Yes, that is the man that stole the watch"—I searched for the watch—I did not find it—I took him into custody.

Cross-examined. Q. What did the prisoner say on being taken into custody? A. He said, "I know nothing about it"—before I went to where I found him, I had been with the witness to another place, where I found Michael—the prisoner was in liquor—Michael was worse, he was fast asleep on a chair—I could not make any sense of him at all.

COURT. Q. Do you mean he could not understand you? A. He conld not—I did my best to wake him—I went to Michael first, because the witness said he was with John, and Michael's was the nearest—it was not from what the witness said that I went to Michael first—it was from other parties—the witness did not know the name of either of them—Michael was taken into custody afterwards—they were both taken together before the Magistrate—Michael was discharged.

(The prisoner received a good character.)

GUILTY . Aged 26.—Recommended to mercy by the Jury.— Confined Three Months.

Reference Number: t18561027-1033

1033. WILLIAM ANDERSON , robbery with violence on Richard Edward Felstead, and stealing from his person I set of watch works, value 12s., and I bag, value 6d.; the goods of Charles Hawkins.

MR. WAY. conducted the Prosecution.

RICHARD EDWARD FELSTEAD . I am thirteen years old, I live at No. 26, Merlin-place, Wilmington-square, I am errand boy to Charles Hawkins, a watch gilder, in Perceval-street On 14th Oct, I was sent out by my master with some work, about ten minutes before 8 o'clock—I went to Powell-street west, and delivered some work all right—I had some move, and as I went to deliver the other work, I saw the prisoner at the corner of President-street—from there you can see into Powell-street—if the prisoner had watched he could see where I went to—he spoke to me, and asked me to tell him where Mr. Johnson, the dial painter, lived—I told him I did not know—I was alone at that time—another boy then came up who had come out of our place—he asked him the same question, and he did not know—the other boy went in another direction, and I was going on, and the prisoner called me back, and asked me to go to the corner of Powell-street with him—he said, "Come with me to the corner"—when we got there, he said, "See what number that is"—I looked, and said, "No. 49"—he said, "Knock at the door, I think he lives there"—I stood up to knock, and he hit me suddenly on the top of the head—I had this cap on—he knocked me to the ground—it was a hard blow; it stunned me for the moment—I had my bag containing the goods I had to deliver—the string of the bag was round my neck, and the bag was tied in my apron strings round my waist—the prisoner forced the bag off my head—I did not feel anything as he was getting it off—I did not know where I was till I saw him at the corner of Powell-street—I got up, and ran after him, and called, "Stop thief!"—I saw he had my bag with him when he turned—I do not know what became of it—I did not see him stopped—I had just turned the corner, and two gentlemen had stopped him—when he turned into Powell-street I lost sight of him—I turned into Powell-street—I saw him again—he turned the corner to go up Goswell-street—he was running.

COURT. Q. How for is it from the corner of Powell-street to Goswell-street? A. About sixty yards—I continued to cry out—I lost sight of him when he turned into Goswell-street—I ran up Goswell-street—from the place where I lost sight of him to the place where I saw him in custody is about 100 yards—I had the bag given me by some one—this is it—it contained watch materials.

Cross-examined by MR. RIBTON. Q. Had you ever seen the prisoner before? A. No, I know the other boy's name is Cark—he came out of our place, and joined me about three minutes after the prisoner spoke to me—he walked on with me, and the prisoner walked on with us—the blow did not cut my head—I was stunned, and was insensible about three minutes—I fell down, and shortly afterwards recovered myself—when I got up the prisoner was in sight just at the corner going into Powell-street—he was then about sixty yards from me—I could see that distance—there was a lamp alight—I saw my bag in his hand—it was a blue bag—I saw no one else running—I found two gentlemen had taken him—there are a great number of little streets about there.

COURT. Q. Was there any lump on your head? A. Yes, about the size of a walnut, just on the top of my head—I did not see whether the prisoner had got anything in his hand.

ARTHUR GENGE . I live at No. 21, St. John-street, Clerkenwell, and am a tailor. On 14th Oct., about 8 o'clock, I was at the corner of Upper Charles-street, leading into Goswell-road—I heard a cry of "Stop thief!" and "Murder!" and "There he goes!"—I saw the prisoner coming from Powell-street west, running fast, and crying, "Stop thief!"—he had something like a bag in his hand, and as he got further into the road, he threw it away-followed him, and never lost sight of him till I caught him by his right hand collar—I came up to him at the same time as another man did—I saw the constable arrive from President-street—I saw the boy come up just after the constable had got hold of the prisoner's collar—the boy was crying for his master's bag and property—he laid hold of the prisoner directly he came up—he was very much frightened—this is such a bag as I saw the prisoner throw away.

Cross-examined. Q. What distance were yen from him when he threw it away? A. As near as I am to you—I did not see anything of it after he threw it away, till a gentleman brought it up just after the boy arrived—when the constable came up, I said to him, "You lay hold of him; you will soon hear what it is about"—I am quite sure I saw the prisoner throw away a bag very much resembling this—I could not swear it was this bag—it was something in the shape of a bag—I can swear it was not a mere motion of his arm—both his hands went together—I saw a bag go out of his hand.

WILLIAM MARSHALL . I live in William-street, Peter-street, and am a watch engraver. On the night of 14th Got, I was standing three or four yards up Powell-street west—when I had been there a minute and a halt or two minutes, I heard a child halloo, "Stop thief!"—I thought it was some boys at play in the square—presently the prisoner came running along on the opposite side to me—I crossed the way, and followed him—as he passed me I saw he had something in his left hand—I could not tell exactly what it was, but when I saw this bag I could tell it was most likely to be that—it was something dark—the prisoner hallooed, "Stop thief!" himself; but no one had passed there before the prisoner for a minute and a half before—I followed close behind him, and saw something fall in Gosfwell-road—I kept up close with the prisoner; and saw him caught by two or three persons

altogether, at the corner of President-street—the boy came up, and instantly said, "That is the man," and cried for his master's work.

GUILTY . Aged 20.— Transported for Fifteen Years.

(The Court directed that the witnesses Felstead, Genge, and Marshall, should receive 40s. each.)

Reference Number: t18561027-1034

1034. ROBERT JOHNSTON was indicted for a conspiracy, and fort common assault: he

PLEADED GUILTY . to the Common Assault.— To enttr into his own recognizance to appear, and receive judgment when called upon.

THIRD COURT.—Saturday, November 1st, 1856.

PRESENT—Mr. Ald. CUBITT.; Mr. Ald. LAWRENCE.; and MICHAEL PRENDERGAST, Esq.

Before Michael Prendergast, Esq., and the Ninth Jury.

Reference Number: t18561027-1035

1035. GEORGE BROWNMAN , feloniously forging and uttering a warrant for the payment of 3l. 3s.; with intent to defraud.

WILLIAM ARMSTRONG . I am a riding master, and assistant to Mr. Mason, of No. 9, Onslow-terrace, Brompton. The prisoner took a lesson in riding, and inquired the terms for twelve lessons—I told him three guineas, and asked him to walk into the inner office, and he gave me this cheque—(Read: "22nd Aug., 1856; Mr. Railton, No. 14, Princess-gate, Hyde-park; please to pay J. Mason and Co., riding masters, 3l. 3s.; G. T. Thompson; accepted, G. T. Thompson")—the peculiarity of the form attracted my notice, and he had given the name of Brown in the school—I handed the cheque to Mr. Mason's son.

Prisoner. Q. Was not there anybody besides you that gave me the lesson? A. Mr. Mason's oldest son came in for a few minutes—it is often the case that persons who want to learn to ride, use another name, but in giving a cheque it is different—we keep books—I did not hand you a bill and receipt, because the cheque seemed spurious—I did not hand you a bill of 7s. 6d. for the lesson—it was your own suggestion to take twelve lessons—I did not consult Mr. Mason—I sent the cheque for payment very shortly affer you left—this is not a charge by me to recover 7s. 6d. for the lesson I gave you; I heard no more of it till I was warned by the policeman to come to Marl borough-street, and found you in custody.

COURT. Q. When was that? A. About 4th Sept.—I then knew you to be the same man—you never came to have any other lesson.

HENRY MASON . This cheque was put into my hands by Mr. Armstrong, on 23rd Aug., and I went to No. 14, Prince's-gate, Hyde-park, between 2 and 3 o'clock, but could find no person named Railton—I went back, and the prisoner was gone.

Prisoner. Q. Was this cheque written in your presence? A. Yes, in the counting house—you wrote two or three lines of one cheque, and did not finish it, you were told to write a proper one—Mr. Armstrong asked you to do it; he did not put the words into your mouth—I saw a footman at No. 14, Prince's-gate.

COURT. Q. Did you see him write the cheque? A. Yes, the first he wrote I did not see, but was told that it was more like an I O U—Mr.

Armstrong made no suggestion in my presence as to the manner in which the cheque should be drawn.

WILLIAM ARMSTRONG . re-examined.. The prisoner began to write out another form, I think it was something of an I O U—it was destroyed with other papers—it was begun, and not finished—it was not signed—he did not complete it, because we never receive I O U's in payment, and I told him that form would not do, and then he gave me this.

---- LEE. I am butler to Mr. Julius Spencer Morgan, of No. 14, Prince's-gate. He occupies the whole house, with his family—no portion is let out in apartments—there is no Mr. Railton there.

Prisoner. Q. When was it that Mr. Mason called on you for payment? A. About the last week in Aug., or the first in Sept—I did not see him, the footman brought the paper to me.

Prisoner's Defence. I called for a lesson, and when it was finished he handed me a receipt for 7s. 6d. for the lesson, which I refused, because he gave me another form charging three guineas for twelve lessons; I said I would do so, but was not prepared to pay him, and would give him an I O U, and pay him next time I met with him.

(The COURT. considered, that as the prisoner gone the name of Thompson, but did not pretend that it was another person, it wot not a forgery.)

NOT GUILTY .

Reference Number: t18561027-1036

1036. GEORGE BBOWNMAN was ogam indicted for stealing 3 sovereigns; the moneys of George Pritchard.

GEORGE PRITCHARD . I live at No. 21, Oxford-street, Chelsea, and was porter to Mr. Stephens, of No. 28, Parliament-street. On 27th June the prisoner called at my house—my wife went to the door—I went up and found him stating his name to be Mr. Brown—I knew him—he came to give me information of the death of a gentleman who had lived with me, stating that he had died on his outward voyage, and that he was appointed to his place, and had landed yesterday at Liverpool, and if he could come to me he would have his things forwarded to my house—I could not give him an answer then—(Mr. Cook was the name of the gentleman; he was surgeon on board the ship Assaye, and the prisoner stated that he was appointed in his stead to the Assaye)—I told him to call at the office, and I would give him an answer in the course of the day—between 12 and I o'clock he came to Parliament-street, and after some little conversation I arranged that he should come to lodge and board as Dr. Cook had—he said that he had to go to Park-street to the Emigration Office to settle his affaire, and would return in half an hour to write a letter to Liverpool to have his luggage sent to my house—(the Aseaye is an emigrant ship going to Calcutta)—prior to leaving he asked me if I would give him a glass of water—I went down stairs to get some water, and when I returned he met me at the door with the glass in his hand which I had left on the table; be drank a little, out the glass on the table, And left about 1 o'clock to go to Park-street—(after that I saw no more of him till I "saw him at Marylebone police court)—between 3 and 4 o'clock I had occasion to get out my purse, which had contained seven sovereigns and a half from the pocket of ft coat in the room in which the prisoner was, and missed fitora it three sovereigns—it was safe just before 10 o'clock—I cannot say how many people there are in the home, hut nobody has access to those rooms except me and persons who come on business—my coat was on the office table—I went to the office soon after 9 o'clock, and put one of the sovereigns in my purse just before 10 o'clock,

and I counted my money then to see that it was correct, as my wife had put it in—I had not left the room at all from the time I counted it till the prisoner came, and then only to fetch the glass of water; he was the only person in the room then, and the only person in the room that day, except myself, I am positive of that.

Prisoner. Q. How long have you known me? A. I had a little knowledge of you about twelve months before, when you came to see Dr. Cook an acquaintance of your supposed grandfather—you called three or four times afterwards—you knew the address of my office—I showed you a case of instruments which the doctor had left, as he was indebted to me, and said that I wanted to sell it—I did not tell you to sell it for me—I did not know that you belonged to the Emigration Office, nor that you had just come out of jail, or I should not have had anything to do with you—you said that you had just returned from India—you showed me two papers, one signed by Mr. Cain, of the Emigration Office, and the other giving yourself a good character for the care of the Coolies, who had been on their voyage to the West Indies; that you had seven deaths only, and had got very great praise for the care you had taken of them—I did not have occasion to show you that the money was in my pocket—when I missed the money I did not call at the Emigration Office after you—I have since known Mr. Lancaster then—I do not know the date that I went there—I did not see you in the passage there; I wish I had but I have only one eye—I did not call then to inquire for you, but to enquire whether the tale was true about Dr, Cook's death, and heard that you had been there borrowing money—I gave information to the police on the Monday after the Friday of my loss—when you called a gentleman was speaking to me, who had called to inquire for his letters—he did not go into the room at all—he was at the top of the stairs—he was not on my premises.

JURY. Q. How far had you to go for the water? A. It took me two or three minutes—it is a well staircase, and he could not have left without my intercepting him.

---- (policeman, E 109). On 24th and 25th June the prisoner was in Holloway prison, he came out on 26th June—I do not know that of my own knowledge—there is no one from the prison here—I saw him at the Mansion House on 4th April, and from there he went to Holloway prison.

Prisoners Defence. When I called on this man, he offered me a case of instruments, and if I had had any felonious intention I should have accepted them; I had no knowledge of the money in his pocket; I left because he did not give me a decisive reply; he never came to inquire after me, and gave no information of his loss to the police; it is a place of public business, and anybody can enter; he has acknowledged that there was another gentleman there; I did not say that I had been to India, I said that I had received a letter from my father, stating that Dr. Cook had died, and I showed it to him.

GEORGE PRITCHARD . re-examined.. The clerk at the Emigration Offiee confirmed the statement that Mr. Cook was dead—I am sure the prisoner said that he had just arrived from India, and that his things were on board the vessel at Liverpool, and that he would write for them and have them forwarded to my house—he did not say a word about his father—it was upwards of twelve months since I had seen him but I saw him five or six times.

NOT GUILTY .

Reference Number: t18561027-1037

1037. GEORGE BROWNMAN was again indicted for unlawfullyobtaining 6 shirts, 6 collars, and 1 pair of braces, value 39s., by false pretences.

EDWIN BENNETT . I am shopman to Mr. Gaball. The prisoner came there for a collar—I cannot say the date—he paid for it, put it on, and ordered six shirts, six collars, and a pair of braces—he gave his address No 45, Grove-street, Brompton, and I was to take the goods there on Saturday, which I did, and found him there—I showed him the goods—he expressed himself satisfied, and said that his friend had gone to change a cheque for him—he advanced along the road to overtake him, but could not do so—I asked him if fee was not going to pay me for the goods—he said that he could not that evening, unless his friend came back, but he expected him back every minute—I told him that it was against the rules of the house to leave things with a stranger, without a reference or the money—he told me that he was in the East India House, and that if I would leave them till Monday, he would call and pay me—believing his representation that he was in the India House, I trusted him till Monday morning, and left them with him—I should not have done so if he had not said that he was in the India House—I have had no payment for them—he called on the Monday, and ordered mother dozen of shirts to be made, and that he would pay me for those and the others in advance, that he was going to business, and would call in the afternoon—he made out a bill himself—this was the last time I saw him till he was at Marlborough-street—I have had two of the shirts back from the police.

Prisoner. Q. What day was it that I called upon you? A. I believe it was 15th Aug.—it was not a book transaction, it was ready money—I was an hour with you on the Saturday—you told me what your father paid for your admission to the India House, but I "did not take particular notice—I took away an umbrella of yours—I did not ask for it as security for the goods, you very kindly lent it to me as it came on to rain, and I returned it to you on Monday, expecting to have the money—you sent me a letter on the following day, stating that you had gone to Southend, I do not know where it is—after that I called at your place, and they said that you were off, they did not know where—I called on you again on the Wednesday morning for the money, and when you refused to pay, I asked if you would give us security—the umbrella was worth 14s. or 15s.—I went to your house many times, and found you out—the last time I met yon, I told you I wanted the money for the goods—I did not call at the East India House to inquire about you.

EDWARD JENKINS . I am in the civil and military pay department of the East India House—I know the persons that receive pay of the Company—the prisoner was not employed in the East India House on 15th Aug.

Prisoner. Q. Did the prosecutor ever call upon you? A. He did not—I have seen you before with a man who represented himself to be your grandfather, some years ago, who stated that he had brought you to this country—you went to the East Indies with a person who receives a pension from the Company.

Prisoner's Defence. I ordered the goods, and when he called, I told him that I would pay him if he would wait an hour or two till a friend of mine returned from the City; he said that he could not; there was a new umbrella lying on my table, and he said, "I shall accept of that as security;" he took it away, and I called on Monday, and said that I could not pay him, as I had not got the money, but would pay him on my return from the City; he gave me a bill for the whole amount, 5l. 9s. 6d., which was taken

from me by the policeman; I went into the country, and wrote to him, and when I returned he called on me on Wednesday morning, and followed me up the street, said he should summon me, and left me.

GUILTY . ** Aged 20.— Confined Nine Months.

Reference Number: t18561027-1038

1038. KEITH WHITING , unlawfully obtaining the sums of 1l. and 1l. 8s.; the moneys of Henry Mansfield, by false pretences.

MR. ORRIDGE. conducted the Prosecution.

HENRY MANSFIELD . I am a printer, of No. 4, Old Fish-street-hill. I engaged the prisoner on 11th Sept., at a salary of 1l. 4s. a week, and ten per cent. commission—on the 13th he brought me this order (produce) from Mr. Sugden, of Aldermanbury—(This was an order for post, foolscap, and other sizes of papers, ruled, all blue lines, and amounted to 9l. 18s., and was marked "ten per cent, commission, 20s.")—this "Ten percent, commission" is his writing—I paid him 1l. commission, and received his receipt—he told me that the printer over the water had the plates—I asked him for them again in the week, and he told me that he had not got them—I asked him again, and he said, "What, have they not brought those plates yet?"—ou 20th Sept. he brought another order, and said that it was from Mr. Hunt, of Shad well, Windsor-soap maker; it was for 15,000 wrappers—this this is it (produced)—it is in his writing, and amounts to 14l—his commission on that amounted to 28s.—I did not pay him that—I have made inquiries all over Shadwell, and have looked in the Directory, and can find no soap maker named Hunt—I have since made inquiries at Mr. Sugden's.

Cross-examined by MR. BAKER SMITH. Q. Were not these papers mere calculations by the prisoner of what the work would come to? A. No—they were made in my presence, by the prisoner, or what should I have to go by?—I had not known the prisoner before; I bad a reference with him to Mr. Boy den, No. 19, Upper-street, Northampton-square, who said that he was a very upright sort of man, and printed his bills for him—I had this agreement with the prisoner (produced)—he drew it up himself—(This was an agreement, dated Sept. 1856, by which the prisoner engaged himself, as traveller to the prosecutor, at 24s. per week, and ten per cent, commission on all orders)—he was to have ten per cent, on all orders, whether from my customers or not—he got me three orders, and they were all false, that was all the business he did for me—on the Saturday following the 13th, I went to Mr. Sugden's, and the place was just going to be shut up—I went again on the Monday, and saw the managing man, and on that same day Mr. Hunt's order was given—I did not ask to see the principal, because the managing man always gives orders—the prisoner did not recommend me not to procure the paper to execute the order, because the plates were not forthcoming; he recommended me to get the paper all ruled, as the order said, and urged me to do so; but I do not recollect whether that was after the day he gave me the order—I gave him into custody on Wednesday, the 24th—I had paid him 12s. 4s. for wages on the previous Saturday night—I paid him 12s. for the half-weeks salary on 13th Sept, and 1l. commission on the order for Mr. Sugden—the prisoner's friends have been to my place since I gave him into custody, and have had conversation with me; they wished me not to appear—I did not express my willingness not to appear on certain conditions—I do not know Mr. Ballantine Jacobs at all; I never heard the name.

CHARLES TERRY . I am warehouseman to Sugden and Co., warehousemen, of Aldermaubury. If any bill heads were wanted I should be the person to

give the order—I never gnve the prisoner any order, and never saw him till he was at the police court; nor had I given any order to Mr. Mansfield, or for him—we have three printers, but they are all on this side of the water.

Cross-examined. Q. How many members of the firm are there? A. Four, and about twenty-five clerks.

JAMES GRIMBLEY . (policeman, N 90). Cross-examined by MR. BAKEB SMITH. Q. Did you take the prisoner into custody? A. Yes—he surrendered himself peacefully, and accompanied me cheerfully, after a little resistance at first—he had a bag, which he wanted to leave at his heuse, and which I refused.

GUILTY . Aged 55.— Confined Three Months.

OLD COURT.—Monday, November 3rd, 1856.

PRESENT—Lord Chief Baron POLLOCK.; Mr. Alderman FINNIS.; and Mr. Alderman HALE,

Before Lord Chief Baron Pollock and the Fourth Jury.

Reference Number: t18561027-1039

1039. GEORGE FOSSEY and WILLIAM NEARY were indicted for unlawfully obtaining by false pretences, from John Walker, a bill of exchange for 830l. 4s.; and for a conspiracy. (See pages 903 and 932.)

MR. SERJEANT BALLANTINE, with MESSRS. BODKIN. and POLAND, conducted the Prosecution.

JOHN WALKER . In the years 1853 and 1854, I was carrying on the business of a contractor for iron houses for Australia, and general contracting business. I had premises at Millwall, where the business was chiefly eonducted, and a counting-house in Arthur-street, City—I stopped payment in September, 1854—I paid fifteen shillings in the pound, and a great many in full—I dealt very largely with the defendant Fossey, to the amount of 9,000l. or 10,000l—the articles that form the subject of this investigation ought to have been sent to my premises at Millwall—the amount of the invoice for February was about 800l.—that was about the avenge amount of ay dealings; some months it was 1,200l.—that lasted from the beginning of 1853 till about September, 1854—during the whole of those transactions Neary was one of my clerks at the office in Arthur-street—when goods were brought from Fossey's to Millwall it was the duty of my clerks there to count the number of boards the wagon contained, to compare them with the delivery notes brought with them, and enter them in the delivery books at the factory—these (produced) are the two delivery books that refer to the period we are now inquiring about, from October, 1853, to May, 1854—they were used on alternate days—one was sent to the office in Arthur-street every morning with the delivery orders—it was Neary's duty to copy the contents of these books into the bought book at the office—this (produced) is the bought book for that period—Neary made up the ledger "from the bought book, and by the ledger I tested the accuracy of any account that might come in—this is the account sent in to me by Fossey for goods said to have been delivered in February, 1854—it amounts to 830l. 4s.—I find in the invoice an entry on 1st Feb., "50 20-feet 1 1/4 inch fir boards, 9l. 7s. 6d."—that item is not entered in the receiving book at the factory—I have watched among the delivery orders, and have found no delivery order corresponding with that item—this entry in the bought book of 1st Feb. is in Neary's writing—it contains that item, interlined between other entries—there

are other items in the invoice on 1st Feb. which appear in the bought book—I find an item on 3rd Feb. in the invoice "90 inch white planed flooring boards, 12l. 12s."—there is no entry of that in the receiving book, nor any delivery order referring to it—it is entered in the bought book in Neary's writing, in an interlineation—on the 6th here is "155 white boards, 7l. 15s. 5d." charged in the invoice—that does not appear in the receiving book—it is entered in the bought book in Neary's writing, in an interlineation—I have carefully looked at these items of 10th Feb., 4l. 13s. 4d.; 11th, 13l. 8s. 4d. 15th, 13l. 9s. 4d. and 7l. 12s. 3d.; the 18th, 5l. 9s. 6d.; and 27th, 8l. 9s.—in all those instances there is no entry in the receiving book, nor any delivery order, but there are entries of all of them in the bought book by Neary, and every one of them are interlined—I find here an entry on 1st Feb. of 25l. 16s. for boards—that is reckoned on the assumption that the measurement is super and not linear—in the account it is written "square" over the "25"—if it was linear measure that item should have been 19l. 1s.; there is an excess of 6l. 15s.—in the receiving book it is entered 220 inch white flooring boards, 2540 "ft" put after the finish of the "0"—that means linear feet—in the delivery order it is "220 inch white floor boards, 2540 feet," the word "feet" written in full—I think that is Fossey's writing—that means linear, or running feet—on 2nd Feb. there is in the invoice, "100 inch planed white flooring boards"—that is charged, "12 squares 48 feet, 12l. 19s. 8d."—in the receiving book it is entered "1248 feet," and the same in the delivery order, in Fossey's writing.

COURT. Q. I suppose if either Neary or you bad compared the delivery order with the invoice, the difference would have been manifest instantly? A. Quite so—the excess of charge in this item is 3l. 12s. 6d.

MR. BODKIN. Q. Have you looked through the other items: that is, three on 3rd Feb., two on 6th Feb., two on 8th, one on 9th, and one on 11th, in the invoice? A. Yes, I have—I find in all those instances that squares are charged in the invoice, and linear measure is entered in the receiving books and also in the delivery order—five of the delivery orders referring to those items are in the handwriting of Thomas Wilson, and the rest are in young Steel's—three are in Fossey's writing (looking at other)—there are no others here in Fossey's writing—I think there are more in Wilson's.

COURT. Q. Is it charged as square measure in any of the entries in your books? A. Yes, in the bought book (the books were handed to the jury)—there is a dot between, so as to indicate that it is square measure, and the price is that of square measure; no price is mentioned in the receiving books or delivery orders—the moneying out in the bought book is in Neary's writing.

MR. BODKIN. Q. You paid the amount of the invoice on the footing of these being all square measure? A. Undoubtedly, and on the assumption that all the other goods had been delivered—at the end of the invoice there is an item of 20l. 15s. 6d. cast up as an addition to the demand—I find no entry corresponding with that in the receiving book—here is an entry on 16th Feb., "50 inch and a half yellow boards, 620 feet"—the delivery order is dated 15th Feb., and is, "for 50 inch and a half feather-edged planed boards"—that is in Wilson's writing—the entry in the receiving book in relation to that item is the same as the delivery order—in the bought book it is 9 squares 42 feet, in an erasure, in Neary's writing—the amount entered in the ledger is 29l. 4s. 1d—that is the amount that would appear to me when I came to pay the bill—I dealt very largely with Foesey

for packing case boards—they were purchased at per foot linear—they were only directed to be counted when they came in—there are some matters in difference between me and Fossey and Steel—they have no reference to any items in this charge—they are two years apart.

Cross-examined by MR. SERJEANT SHEE. Q. An action was brought against you by Fossey and Steel before the bankruptcy, was there not? A. Yes; for 6,000l. or 7,000l.—that action was continued by the assignees after Fossey became bankrupt, and is now the subject of a reference—I had knowledge of what took place in Arthur-street, and when I was at Millwall, of course there also, but I was not there always, I cannot say that I was very little there—I have been speaking of items and transactions of which I personally know nothing except from the books—a person named Stap was in my employment—it was not exactly his duty to superintend the making up of the bought book and ledger, he had quite sufficient to do with the cash; that was left in Neary's charge—it was Mr. Step's duty to ascertain what amount of cash should be disbursed for goods supplied during the previous months—sometimes I used to look to that—I was well aware that the mode of delivery to me was at so many linear feet—I never examined the accounts myself before I paid them—Mr. Step used to bring the acceptance into my private office for me to accept—in most instances I accepted without further trouble, in some I looked at the ledger to see if the amount was correct—I never referred beyond the ledger—I suppose it was well known to everybody in my employment that the goods were delivered by linear measurement, I cannot say pontivelyt—time are four entries in the receiving boob of goods delivered on 1st Feb.—I object to one entry of goods as not being delivered—there are seven entries in the invoice of goods delivered on 1st Feb., they are not entered as 1st Feb. in the receiving books, but they are entered the next day—all goods that appear in this invoice when they are not delivered are not entered here at all, but those that we say have been delivered we find entered, if not on 1st Feb., the next day—the 120 inch white boards are entered on 2nd Feb., although they are charged in the account as 1st Feb.—this last entry I do not find in the receiving book—I do mot remember seeing that at the time, my attention was not directed to it—if it had been, it would have forced on me an inquiry an to what it meant, and the same as to this "6l. 17s. 10d. debtor," they are both added—sometimes I wed to order goods verbally, and say," Send me down such and such articles"—I do not, of my own knowledge, know that there was am order book, I believe there was one—I know it now, because I see it—it was not the regular course to take an order out of the order book for the goods I wanted Fossey to send, leaving a counterfoil in the book—I did not keep an order book for that purpose—I think I never gave orders in writing, I am not certain, I accepted contracts—when I contracted for houses I sometimes ascertained the quantity of flooring that would be required—I always did so before I furnished the contract to my employers—I did not ascertain how much flooring would he required; the people at my factory did that—I do not think they did it on all occasions, I do not think it was the rule—it would be necessary to ascertain how many squares of flooring was required before it was sent out of my premises, but not before it wacs ordered—I saw Steel after the last trial—we did not dine together, I think not, I am not sure where I dined—I dined at Baker's—I cannot say whether I dined with Steel—for the moment I cannot recollect whether Steel dined in the same room or not, last Thursday—I do not think I dined in his company the day after the trial—I think it is possible, we

mostly dined in the same house, at the same table and at the same hour—we have been doing that for years, almost ever since he has dined in the City—I have made a great deal of difference in my conduct towards him since he told me of these matters—I said the other day that I had dined in the same room with him and at the same table; I did not say being of the party—I never have done so—I have dined at the same table with him during the last year, twenty, thirty, or forty times—at Baker's—I distinctly said the other day, that I had dined with him, and so I say now, he has dined at the same table with me for years past, certainly, since the end of 1854, or the beginning of 1855—I have not treated him to dinner—I cannot positively say whether I have or not, I do not think I have—I have, of course, talked to him since the last trial here, about the evidence, because I met him; he goes to my solicitor's—I have not looked at the books with him, nor has he looked at them in my presence.

Cross-examined by MR. SERJEANT PARRY. Q. I observe in the book that you have customers of the name of Polglase and Co? A. Not customers, persons supplying me—I also dealt with Fossey's brother William at the same time, he is a timber merchant largely contracting, and has supplied me with a similar amount—I do not charge Polglase and Co. with fraud; there are some interlineations in their account in this book—it is quite possible that there are interlineations in the account of R W. Kennard and Co., that is the gentleman who was sheriff once, he is of the highest respectability—this account of Polglase and Co. is crowded with interlinestions—their people went to different parts of the country, and these things do not pass through my factory, some of them do, and they are in Neary's writing—a delivery note is not sent of all goods which I purchase—the receiving books are at the different places of business, some are at Liverpool—there are accounts which have interlineations, but very few—I do not know that when a monthly account is sent in, and it is ascertained that there are not delivery notes for all the items, that inquiries have been made at Millwall, and that then the account has been paid—I am not sure that nothing of that kind has taken place—I do not think accounts hare been brought in of which I have no entries in the receiving book, and inquiries have been made as to their delivery—I dare say six, eight, and ten loads a day were delivered by Fossey—we were very busy in 1853, but not in 1854, business had decreased—we had large contracts, but nothing very tremendous—that was previous to my compounding with my creditors—I am not a timber merchant, but have had a great deal to do with timber.

MR. BODKIN. Q. Have you examined into these accounts where there an interlineations? A. No; nor have I examined to find vouchers for these items underlined.

THOMAS WILLSON . In the beginning of 1853, and in 1854, I was clerk to Fossey—a young man, named Steel, was also a clerk—it was my business to be at the office—he had only one office, that was the place from which the timber that he supplied was delivered—I am acquainted with the mode in which the timber was delivered out to the customers—a delivery order was sent with the different deliveries, and there was a delivery order book kept—it has counterfoils remaining in it of the orders—it was my duty, at times, to make out the delivery orders—six of these delivery orders in Feb., are in my writing—they do not all apply to flooring boards, some apply to yellow boards, deals—here are some more for Feb.; here are eleven altogether—neither the length nor the width appears on the delivery order.

COURT. Q. Does it appear on any of the orders? A. No—there is no order in which the lengths and breadths appear; it is always so many inch boards, that is the invariable practice.

MR. SERJEANT BALLANTINE. Q. What do you mean by that? A. The bills were always made out by Mr. Fossey's directions—Mr. Steel made out some—this (pointing out an order) is Mr. Fossey's; the length of each board does not appear here, but they are calculated, each put together—it is the game in mine, the same practice obtained in all—I went into the employment about Sept., 1853, I think, and that was the method from then till now—I remained till March, 1854—some of the boards I sent from Mr. Fossey to Mr. Walker, were six inches, some seven, and going up to nine or ten inches wide—most of the flooring boards were seven inches wide—I do not say that there were none nine inches, but the greater portion were seven—in the delivery orders they would be linear measurement—with regard to the packing boards, my directions from Fossey were nearly as I said on Thursday—seventeen of these orders for packing case boards are in my writing—the quantity sent out was right, the number was right, but it was wrong in the feet—Fossey told me in some cases what I was to put down—I cannot tell you an instance in which he told me the exact number to put down—he told me the quantity to put down, but in which cases I cannot say, it is so long back; but it was generally the case when Mr. Fossey was in the way—by looking at this order I know that the number of packing case boards that went out was right—I do not know what the measure was when they went out, bat when I made it out I made out the right quantity—I cannot tell you whether he told me what number to put in—in all the delivery orders for the flooring boards, the measure is linear.

Cross-examined by MR. SERJEANT SHEE. Q. Did you know anything of the price of the goods? A. I cannot say now; but I knew when I was at Mr. Fossey's, because he gave me a list—I do not say that the price would be a quarter more for square than for linear—I left his employment in March, 1854—I was dismissed because trade was so slack—it was some time after I got drunk—I did not go of my own accord—Mr. Fossey did not discharge me; Mr. Steel told me that Mr. Fossey had not got anything for me to do, and I was sent away—I did not have any notice, he told me on Saturday night when he paid me, that he had no further need of my services—I will not swear that I have never said that I would transport Mr. Fossey, or that I have not made a boast of it—I will not say that I have said it—I do not remember ever saying anything of the kind—I did not, to my knowledge, say, in the presence of Mr. Hardwick and Mr. South, that I would transport Mr. Fossey—I do not remember saying anything of the kind; and I swear, according to my knowledge, that I never did—I did not say, to my knowledge, that I hoped he would be transported, and that I would do my best to get him transported—I did not hope it, but I will not swear that I never said it.

MR. SERJEANT BALLANTINE. Q. Whose service are you in? A. The West India Docks; I have been there two years on the 1st May last.

RICHARD STRAND . In Feb., 1854, I was in the service of Mr. Walker—when timber came from Mr. Fossey or elsewhere, it was my duty to receive the delivery orders in the absence of Mr. Holt, and to enter the contents of those orders in the receiving book—about 15th Feb. Mr. Holt was absent, and that duty devolved on me entirely—these entries of 15th Feb. in this delivery book are mine—in book C, page 87, here is no entry on the 15th of 76 three quarter-inch yellow boards, amounting to 1,044 feet, delivered

at the factory, and I am able to say that they were not delivered, nor were 60 one inch planed case boards, 750 feet, on the 18th (looking at D 82)—if such boards were delivered, they would be in those books—I made these entries, and speak without doubt at all—here are other entries in my writing, it goes on to the end of the month—I see no entry of 48 fourteeninch packing case boards, 1,153 feet, on 27th Feb. in C 93, and the whole of the entries that day are in my writing—as to the flooring boards received in Feb., I never saw a flooring board over nine inches.

Cross-examined by MR. SERJEANT SHEE. Q. Do you speak entirely from the books? A. From the books and from the system I had of doing business—I have no recollection of it except from the books—if I was there I should have made an entry—I infer, from there being no entry, that nothing came—I was there the whole day, I was never absent from the time the men came till they went away, at any time whatever—I did tell you the other day that O'Hara used to take goods in when I was away, but I was on the premises—I did not say the other day, in this place, that O'Hara had taken in timber, and passed the book over without entries, to the office.

Cross-examined by MR. SERJEANT PARRY. Q. Did not you ever leave for dinner? A. I did, but I stopped till the men were out, and closed the gate with a key—I went to dinner at 12 o'clock, and was absent about half an hour—I went to breakfast for half an hour, I ascertained that all the men were out, and then closed the gate, and left a person in charge while I was away, one of the lads in the factory—I am not in the employment still—my position was time keeper—the whole of this book is not in my writing—Wm. Fossey and Co. were in the habit of sending in timber—my entries in this book commence from 9th Feb.

MR. SERJEANT BALLANTINE. Q. You went away to breakfast and dinner, did you shut the gates? A. I locked the gates, and took the key in my pocket, no goods could be delivered in my absence.

HENRY HOLT . In Feb., 1854, I was in Mr. Walker's employ as receiving clerk—it was my duty, when goods were delivered, to enter them, according to the delivery note, in the receiving book, and ascertain whether they were correctly delivered—on 1st Feb., about 11 o'clock, I went on a job of Pickford's—I entered in the receiving book Accurately the receipts that took place.

ALFRED JAMES BASS . I am a carpenter and joiner, of Stratford. In Feb, 1854, I was foreman in the employ of Messrs. Walker, of Mill wall—my duty was to attend to the whole of the duties of the joiners, and to see that the timber was con verted, that is, used up—the extreme width in Feb., 1854, was turned nine inches; some were as small as seven inches—in Feb., 1854, my time for leaving the factory varied from 7 to 10 o'clock—I had to go home to Poplar—I have met Neary going home, but not very often, some few times, I cannot enumerate the exact number—he has had a square parcel with him at times, which I should naturally suppose was books, but of course I could not see inside—I have seen Fossey, not exactly at the same time between the two walls of the dock, when Neary was at the side of the ship yard, and I have afterwards seen Fossey with Neary—I cannot enumerate the times I have seen them together—I have also seen Steel, he was generally with Fossey—I have seen thousands of people in the course of my life—I have measured the floor boards, but not exactly at the time they were delivered—I checked them as to quantity as to the bill.

Cross-examined by MR. SERJEANT PARRY. Q. You used to check timber in buying, did you not? A. Occasionally, and so did three other men—I cannot recollect at this moment that I was written to about delivery notes

from Arthur street—application as to irregularity in the delivery of goods in Feb., 1854, would be made to the manager, Mr. Jackson, not to me.

Cross-examined by MR. SERJEANT SHEE. Q. What would be the price per 100 linear feet? A. I was never acquainted with that—I had the purchasing of the materials.

THOMAS JAMES STEEL . I was clerk to Mr. Fossey, and am his nephew. My duty was in his yard and counting house—I know of the dealings that he had with Mr. Walker, and of the goods supplied to him—my attention has been called to the Feb. account—this is my writing; I made it out from either the day book or the journal—the books kept were the delivery note book, the day book, and the journal—the floor boards in this bill appear to be made out in squares, but I believe it was sent out in linear measurement—I have entered it in squares in this book by Mr. Fossey's orders, the same as I have the other accounts—I kept the books, and Mr. Fossey assisted me; he made entries in the delivery note book, the day book, and the journal, but he only made a few entries in any of the books—some of these entries are his writing, some mine, and Home Wilson's—the feet appear here, I should think, as lineal; I should read it as lineal feet—I have no recollection about the interlineations and additions in this account in Feb.—I believe I saw Mr. Neary in Feb., he was in the habit of visiting Mr. Fossey's house, but I might have been out of town—I have no recollection whether I saw him or not in Feb.—I have no recollection of Feb. at all, no more than I made out this account, and I see the floor boards are charged in that way—I have no recollection but the account itself—Mr. Fossey's delivery note book was on that desk the last time I saw it, the old delivery note book; I am certain I saw the counterfoil of it there the last time I was present—it was among the papers on that desk—I did not notice in whose hands it was—I might be mistaken, but I could have sworn that it was the old counterfoil of the delivery note book—this is not it (looking at one) this is an old delivery note book, but it is not the one I saw—I do not know that I saw the one of Feb.—I nave since seen the journal at the assignees, but not the delivery note book.

Gross-examined by MR. SERJEANT SHEE. Q. Did Fossey become bankrupt in Jan., 1856? A. Yes, and I left immediately—up to that time, I had access to all the books—since then, I have never seen the delivery note book or the order book of 1853 and 1854, excepting what I mentioned here to-day—I could not distinguish whether it was the delivery note book of 1854, 1853, or 1852; but I saw the counterfoil of an old delivery note book here the other day—I have never seen the counterfoils of the delivery note book of 1853 and 1854 since the bankruptcy, excepting the book I saw at the assignees; I have not looked over it since the bankruptcy, I have never seen it—all these false entries were made by the express direction of Mr. Fossey—a portion of the delivery notes were false—the journal corresponds with the invoices—he told me to make the delivery note counterfoils correspond, and I might have done it, or I might-not—I do not know whether I did or not—I have dined in the name room with Mr. Walker since—I dined at the same table with him two or three times a week, and some-times not once in a fortnight—I went to dine at a shop last Thursday afternoon, after I left here, and after I had finished he came in—it was the foreman's duty to check the timber; I have done so when he was absent—I say that it was linear measurement from the fact that square feet are charged, and linear only delivered—in Feb. I was directed to enter square measurement, when there was only linear—I know that it was only linear because I made out the notes, and I have seen the timber—one thing I can

explain better is if I took a superficial measurement, or a square, it would be set in the notes, 12 square and a dot, and before a number, a dot, and a square on the top, to intimate it—I have no record of the actual length of the timber, it does not show it in the account.

MR. SERJEANT BALLANTINE. Q. Had anything passed between you and Fossey, in consequence of which that omission took place? A. I cannot remember it.

MR. SERJEANT SHEE. Q. Do you know what the amount of Fossey and Steel's debts were in the bankruptcy? A. 14,000l. to 16,000l.

JOSEPH HART . I am clerk to Mr. Pennell, the official assignee. The papers connected with the bankruptcy of Fossey and Steel ought to be in my possession—I have no day book or delivery note book of Feb., 1854, or Feb., 1855.

Cross-exammed by MR. SERJEANT SHEE. Q. Will you just tell me what dividend is paid, and to be paid, as far as you can judge, on Fossey and Steel's debts? A. The dividend already paid is 4s. 6d. in the pound, and at present there is a balance of 1,724l.—the amount of debts proved against the estate was 13,580l.—there is a disputed claim between the assignees and Mr. Walker, which is about 6,000l. or 7,000l., which, if recovered, will make 10s. in the pound, and the 4s. 6d. will make 14s. 6d.—I am not aware whether there is a cross action.

---- SAYER. I am solicitor to the assignees. I have not seen the delivery note book of 1853 or 1854.

Cross-examined by MR. SERJEANT PARRY. Q. Has Steel, the father, been applied to for the books? A. Not by us.

RANDALL STAP . I am head clerk of Mr. Walker, and a connection of his. It was Neary's duty to keep the bought book—it was my duty to ascertain what was to be paid on the accounts of Fossey—I ascertained that from the leiger, assuming the items in the ledger to be correct.

Cross-examined by MR. SERJEANT SHEE. Q. Did you know anything of the timber trade at that time? A. Yes, certainly; I knew the price—sometimes I used to go and order myself—I believe there was an order book kept at that time—I knew from month to month what the fair price of timber per linear foot was, it varies very little; 1s. a square, or a farthing a foot, or the eighth of a farthing per foot—there would be the difference of one fourth between linear feet and superficial feet.

NOT GUILTY .

(There were two other indictments against Fossey, upon which no evidence was offered.)

ESSEX CASES.

Before Mr. Common Serjeant.

Reference Number: t18561027-1040

1040. AUGUSTUS BEYER , stealing 7 glass ornaments and I box, value 16s.; the goods of Caroline Macklin: also, 6 pieces of gingerbread, value 3s.; the goods of John Mullett: to both of which he

PLEADED GUILTY . Aged 30.— Confined Three Months.

Reference Number: t18561027-1041

1041. GEORGE RING , stealing I mare, price 10l. the property of John Peck.

MR. HORRY. conducted the Prosecution.

JOHN PECK . I am a market gardener, of Forest-street, Stratford. I had a grey mare turned out on Wanstead Flats last Saturday morning at 8 o'clock, and at 20 minutes to 6 o'clock at night the prisoner was brought to me with the mare.

SAMTTEL RICHARDSON . I live at Forest Gate, On 25th Oct., between 5 and 6 o'clock in the evening, I was coming from my house, and saw the prisoner leading a horse—I knew the horse, and thinking the prisoner was the owner, I suffered him to go past me—I then perceived that he was not the owner—I followed him and asked by whose authority he was leading the horse away—he said that some man had put the halter into his hand, told him to lead it up the lane, and he would overtake him—I said that it was a lame tale, and he must return with me to the owner—he walked with me without remonstrance to Mr. Peck's, about a quarter of a mile, and was taken into custody.

WILLIAM STEPHEN PURKISS . (policeman, K 414). On 25th Oct. the prisoner was given into my custody by Peck—he said that a man had given him the horse to take—after the charge was read over, he said that he had been out of work some time and must do something.

Prisoner. I deny that Witness. I am sure you said so.

Prisoner's Defence. I am innocent; I have been out of work for six weeks, and have sold my furniture, and mine and my wife's clothes; I have four children.

JOHN PECK . re-examined.. There was no halter to my horse—this halter does not belong to me.

(The prisoner received a good character.)

GUILTY. Aged 36.—Recommended to mercy by the Jury.

Confined Three Months.

Reference Number: t18561027-1042

1042. WILLIAM DRISCOLL , feloniously cutting and wounding George Williams, with intent to do him some grievous bodily harm.

MR. W. J. PAYNE. conducted the Prosecution.

GEOKGE WILLIAMS . I am a labourer in the Victoria Docks. On 1st Oct., about 9 o'clock in the evening, I was at the Red Lion beer shop, West Ham, and saw the prisoner and another person—we had two or three pints of beer together, and some words took place about some women who had been quarrelling there in the morning—his wife came and asked him to go home; he refused, and pulled off his jacket, pulled out a knife, and ran to the bar, and struck me with his fist—I struck him again, and then I staggered outside the door, and fell on my back, and when I was down I found him on the top of me with an open knife—he stabbed me on the left breast, and three times on the arm, and drew the knife across my face—I bled a great deal—I have only done six days work since—his wife took the knife from him—I had had no quarrel with him; I never spoke above half a dozen words to him in my life before that evening.

Cross-examined by MR. METCALFE. Q. Did he open the knife in the tap room before he came to the bar? A. Yes, and gave his jacket to his wife—there were some words about some women; that was the first of it—the mark on my face is not severe.

AMELIA BLAEMASTER . I am single, and live at Plaistow. I saw the prisoner strike Williams, and Williams struck him again, and fell down outside, and the prisoner fell on him and struck him with a knife on his left breast, and three times on his arm, and on his face—he opened the knife in the tap room and showed it to Mr. Marshal's son, and came out with it open—his wife took it from him, and he went away.

PHILIP BARMES . I am a surgeon, of West Ham, I was sent for to the Red Lion, and found the prosecutor with a stab on his left breast, of about an inch long, and three other stabs on the arm, which I did not probe—the stab on the breast had, to the best of my belief; entered the cavity of the

chest—it had divided a small artery, and a good deal of blood had flowed—he was in a fainting condition—the wound was dangerous—there was also a slight cut on his face; the knife had been drawn from one ear to the nose.

Cross-examined. Q. Was the cut across the face deep? A. No; it was something more than a scratch—it divided the cuticle only—there is a slight mark left—the wounds on the arm had not penetrated far—they were more than pricks.

GUILTY . Aged 27.— Confined Eighteen Months.

Reference Number: t18561027-1043

1043. HENRY GUIVER was indicted for embezzlement.

WILLIAM POTTER . I am a beer shop keeper, and deal in hay; I live at Barking, the prisoner was in my service as a carter. On 14th July I sent him with a load of hay to Poplar—he was authorised to receive 3l. for it—he came back, and paid me 2l. 17s.—he said the man had stopped 3s. for short weight—the prisoner left my employ—I afterwards received some information.

Prisoner. I took the money, but I had half a crown to pay my expenses. Witness. He received so much a week, and paid his own expenses—he had no authority to deduct anything.

WILLIAM WOOLF . I received the hay, and paid 3l. to the prisoner—there was no deduction for short weight—nothing was said about it.

GUILTY . Aged 32.—Recommended to mercy by the Prosecutor.— Confined

One Month.

Reference Number: t18561027-1044

1044. THOMAS NORRIS , unlawfully uttering counterfeit coin: to which he

PLEADED GUILTY . Aged 20.— Confined Nine Months.

Reference Number: t18561027-1045

1045. LYDIA BEARLE and THOMAS BRIGHT were indicted for a like offence.

MR. PAYNE. conducted the Prosecution.

ELIZABETH EDWARDS . I am the wife of William Edwards, of Windmill-lane, Stratford; we sell beef. On the night of 16th Oct., between 9 and 10 o'clock, the two prisoners came, Searle came into the shop, Bright stood on the threshold—Searle asked for six ounces of cooked beef—I served her—it came to 3 3/4 d.—she gave me half a crown—I gave her the change—while I was serving her Bright turned round and told her to make haste—she said, "You was not in such a hurry just now, you have been long enough making up your mind"—they left the shop, and I looked at the half crown directly, and put it in the test, and found it was bad—I and my husband went in search of the prisoners, we could not find them, but we saw them next night at the station—I marked the half crown, and gave it to the sergeant.

Bright. When she came to the station she said she could not swear to me but by my cap. Witness. No, he had a different dress on, but when he turned round, I said, "That is the man"—I believed him to be the man before he bad his cap on, but I desired his cap to be put on, and when that was put on I said he was the man—I swore to Searle the moment I saw her.

GEORGE PRENTICE . I am a beer shop keeper in Angel-lane, Stratford, Essex. On 17th Oct. the two prisoners and another man came to my house in the evening—they called for a pot of ale, and one of them threw down the money, which was good—they were some time drinking the ale, and then Searle whispered to Bright, and they called for another pot of ale, and Searle tendered what I supposed was a 2s. piece—I had no small change, and I gave it to my son.

WILLIAM PBENTICE . I am the son of the last witness. I was in his shop on 17th Oct., and saw the prisoners there—I got from my father a

2s. piece, which I saw him get from Searle—I gare Searla 1s. 6d. change—the prisoners left the house, and in a few minutes I found the 2s. piece was bad—I went in search of the prisoners, and found them outside the Bird in Hand at Stratford—they were together, and I gave them in charge—I marked the 2s. piece, and gave it to Benton.

WALTER KERRESEY . (police sergeant, K 35). On the evening of 17th Oct., I found the two prisoners in custody of Benton in a baker's shop close to the Bird in Hand—I assisted in taking them to the station—while in the baker's shop they resisted very muck, and I found it necessary to take my handcuffs from my saddle, and put them on Bright—Searle handed me a bag of money from her pocket, containing 6s. 11 1/2 d.—soon afterwards Mrs. Edwards handed me this half crown—it was marked in my presence.

JOSEPH BENTON . (policeman, K 381). On 17th Oct. the prisoners were given into my custody—I pushed them into the baker's shop—I told Bright I should search him—he said he would be b—if I should—I saw he had something in his hand—I went to seize his hand, and Searle flew at me—Bright threw away a 5s. piece—I saw Daniel Flinn pick it up, and it was given to me afterwards—Searle took up the baker's knife which was lying on the counter, and said "You b—, I will run this into you."

Bright. Q. Did you not take the knife and mark the 5s. piece? A. Yes I did—I saw you throw away a 5s. piece—I saw the man pick it up, and I told him to hold it—it went on the threshold—the door was not shut when it was thrown; it was shut after—I shut it for my safety.

Searle. I was shut out Witness. Yes, while I was struggling with Bright she went out, and two or three gentlemen brought her back again.

Bright I said to my wife, "Take away that knife," and she did.

DANIEL FLINN . I live at Stratford, and am a bricklayer. I picked up the crown piece outside the door, and gave it to the constable—there were so many people about I could not see where it came from—I gave the same that I picked up to the constable.

WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. This half crown, and crown, and florin are all bad.

Bright's Defence. I am a drover; a man hired me to bring eight beasts to Smithfield; he gave me the 2s. piece and two shillings; when I met my wife I gave her the 2s. piece; a man met me and took me into the public house; we had one pot of ale, and my wife gave the 2s. piece for another pot of ale.

Searle. The one I gave was what he gave me.

SEARLE— GUILTY . Aged 24.— Confined Nine Months.

BRIGHT— GUILTY . Aged 23.— Confined Twelve Months.

Reference Number: t18561027-1046

1046. CORNELIUS BREEN was indicted for a like offence.

MR. PAYNE. conducted the Prosecution.

SARAH BURRELL . I am the wife of James Burrell; we keep a beer shop, at Leytonstone, in Essex. On 20th Oct., about half past 8 o'clock in the evening, the prisoner came in, called for a pint of porter, and gave me a 5s. piece—I drew the porter, and gave 4d. in halfpence—I went to my husband, and told him it was a bad crown, and he gave it to the officer.

JAMES BURRELL . My wife brought me a bad crown piece—she said the prisoner gave it her—I asked him where he got it—he said he took it for work, and that he was a tailor—I said, "You had bettw stop here, and I will go and see whether it is good or not"—I showed it to a person, he is a silversmith; he put some stuff on it, and he cut it—I told the prianaw

it was bad—he Raid, "Why don't you destroy it; I don't wish to keep bad money about me"—I gave him into custody.

ISAAC GAY . (police sergeant, K 54). I took the prisoner in the last witness's shop, for uttering a crown piece—he said he took it for work in London, and at the station he said he had taken it from some one in Holbon; but he did not know of whom he took it—on the way to Ilford gaol, he said, "I shall want some expenses of you to get me home on Saturday"—I said, "You expect to get home that day?"—he said, "Yes; what else can they do with me, you found nothing on me; if I had had more I should have taken it out of your district"—he said, "I am no fool at a day's work."

MARTIN M'KEW . (policeman, K 87). On the night of 20th Oct. I was on duty at the station when the prisoner was brought in, about 11 o'clock—in taking him to the cell, he said, "To tell you the fact, I had been out of work seven days, and I gave 4d. for this coin, and I knew it was bad"—he said he had had nothing to eat the whole day.

WILLIAM WEBSTER . This is a bad one.

Prisoners Defence. I was going down Whitechapel; I saw a man, he owed me some money; I asked him for it, and he gave me this 5s. piece; I was not aware it was a bad one.

GUILTY . Aged 18.— Confined Nine Months.

Before Mr. Recorder.

Reference Number: t18561027-1047

1047. GEORGE WOOD , stealing 1 gelding, value 71l.; the property of Samuel Perry: to which he

PLEADED GUILTY. Aged 18.—Recommended to mercy by the Prosecutor.

(Mr. May, a steward of a steam boat; Mr. Harris, a publican, of the Isle of Dogs; and Mr. Green, a veterinary surgeon, gave the prisoner a good character; and his father engaged to send him to sea.) Judgment respited.

Reference Number: t18561027-1048

1048. WILLIAM WOOD , stealing 5s. bottles and 7 pints of wine, value 15s.; the goods of the Victoria London Dock Company, his masters: to which he

PLEADED GUILTY . Aged 23.

(The prisoner received a good character.)— Confined Four Months.

KENT CASES.

Before Mr. Recorder.

Reference Number: t18561027-1049

1049. JOHN BUTTERWORTH, WILLIAM FOUNTAIN , and THOMAS SMITH , stealing 3l. in money, of the Eastern Counties Railway Company.

MR. TINDAL ATKINSON . conducted tfa Prosecution.

LEONARD RUSE . I am booking cleric at the North Wool wich Railway, belonging to the Eastern Counties Railway Company. On Tuesday afternoon, 2nd Sept., a great number of passengers came down—I was engaged in the booking office between 5 and 6 o'clock, and Btitterworth came into the inner office, which is private—I told him that he had overstepped the mark, and had no business there, and he went out—I was alone—I kept my money there in a drawer—there is a telegraph in that office—I was writing at a table—Smith came in after Butterworth had left—I told him to go out and he went out—he asked me whether I had been one fighting over the water—I told him "No"—my money drawer was open, and had 3l. or 4l. worth of silver in it—I shut the drawer, and then he came in again, and

followed a gas fitter, employed by the Company, who came in for his tools, and went out—Smith then lounged round the Fenchurch-street case, where the money is kept, and I watched him out, looked the money drawer, left the key in, and shut the door of the inner office—I was working the telegraph some time with my back to the door—I heard the rattling of money, turned round, and caught hold of Smith's arm—he was standing just in the middle of the inner office, by the table—the drawer was not above a yard and a half from him—I saw a great quantity of silver in his hand, and said, "You have got my money"—he walked back to the drawer, and told me to look in it—I looked in it, and the money was all gone—he shuffled it back, and said, "There is your money"—Fountain then came, pushed me against the counter, and said, "He has not got your money"—while that was going on, I saw Butterworth rapping at the window farthest from the door, calling out for a ticket for Shoreditch—that was the Fenchurch-street window, and not the proper window for Shoreditch—Fountain and Smith then went out together, and Fountain called out, "You cannot go until you have locked your places"—I returned, and locked my places, and the money was gone—it was to follow Smith that I went out—the prisoners were then all three together, and Smith turned to the right, and the other two to the left—I met Mr. Chapman, and he and another gentleman found the prisoners, and I was afterwards taken to see them in custody, and saw Butterworth and Fountain—about a fortnight afterwards I saw Smith in custody at Shoreditch, and pointed him out.

Cross-examined by MR. RIBTON. Q. Had there been a prize fight that day? A. Yes, and there was an unusual crowd at the station—not many strangers come into the office—the crowd was outside the station, lower down, against the Three Crowns, men who had been seeing the fight—I had not issued many tickets that day, a few more than usual—there was no one in the inner office where I was when Smith had his hand in the till—Butterworth and Fountain were in the outer office, but I could not see Fountain—Butterworth applied for a ticket for Shoreditch at the wrong window—mistakes of that kind are not often made, but they are sometimes—when Fountain pushed me back, I was still in the inner office—I could command a view of the outer office—I had not got away from the till when Fountain came in, but the money was put back into the drawer before Fountain came in—it is very large for a booking office—the door was open—he had to open it to come in—he would see me from the outer office—it was with his hands that he pushed me, on my shoulder—I am sure he used the words," He has not got your money"—Mr. Blyth was there, but not all the time; he is here—I had got to the door when Fountain addressed me—he did not say, "You had better lock your places up before you go," but, "You cannot go till you have locked your places up"—I was present when Fountain was taken into custody—he remained at North Woolwich—Smith disappeared altogether.

Cross-examined by MR. THOMPSON. Q. Did you know Smith beforet? A. No, I did not see him again till I went with a policeman and two other persons to Stepney—we walked to opposite Holywell-lane—I saw Smith coming along the street, and said, "That is the man"—nobody pointed him out to me—I did not know his name—I went there on purpose to see the party who I suspected of being in the office on that day—there was not an unusual crowd in the office where the tickets were—the different pay boxes are painted up at the door—the Shoreditch and Fenehurch-sfcreet pay places are different windows—they were both open.

Butterworth. Q. When you told me, did not I go out directly? A. Yes, you could go from one "booking room into the other without coming out at the front of the station—there is no passage in the station from one office to another, but you can go on the platform, though it is as near to go round in front of the station—I did not see you after Smith came in.

JANE VINES . I keep a stall close to the Fenchurch-street entrance of the North Woolwich Railway. I was sitting there between 3 and 4 o'clock and saw the three prisoners talking to one another—Butterworth was sitting down, and the other two standing against him—I passed them two or three times—after that I saw Smith run down the Fenchnrch-street platform, and then heard a loud scream, "You have robbed my till"—the other two were then gone, and I afterwards saw them in custody—I saw Smith nine or ten days afterwards—they are the men.

Cross-examined by MR. RIBTON. Q. I suppose you saw a great many people that day? A. Yes, there was a great crowd—I did not see other people talking together for so long—there was a fight there, and a great many had come down from London—it was between 3 and 4 o'clock when I first noticed the prisoners, and about 5 o'clock Smith went down the platform—I had noticed them sitting and standing there the whole time—there were not other people standing there at the time, only just coming backwards and forwards—that is'an entrance to the railway, where they go to take the tickets—I had seen a good many men go into the office—when Smith ran down the platform I did not see the other two, they did not follow him.

Cross-examined by MR. THOMPSON. Q. Is your stall against the gates of the Pavilion Garden? A. No, Against the gates of the railway—there is one pay office with two divisions—I cannot see into the office from my stall, but I can see those who go in at the back door—I took 10s. 6d. that afternoon—I am correct about that—I could see the prisoners as I stood there.

Buttetworth. Q. Was there anything in my dress that you took notice of? A. There was a good deal in your features.

JOSEPH DANIEL BLTTH . I am a lime merchant On 2nd Sept, I was at North Woolwich railway station, in the outer office; my attention was attracted by Butterworth rapping at the Fenchurch box, and calling, "Sboreditch, Shoreditch"—while he was doing this, I heard the boy say, "You have got my money"—I caught'a glimpse of a man inside the office, who had bold of his arm, but not sufficient to identify him—I went on the platform and gave an alarm, and when I returned they were in the office.

Butterworth. Q. Were you not at the window when I came to it? A. Close to it, not at it—it was open—you could go round outside the station or outside the barrier, which, I think, is the best way—I did not hear you call for a ticket, or ask what time the next train was to Shoreditch—I left you standing at the window—I should think it probable that if anybody was stepping from the place where I left you, I must have heard them—you seemed rather excited—I had just missed the train for London.

WILLIAM SORRELL . (policeman, K 410). I was on duty in North Woolwich—I found Butterworth and Fountain detained at the station—Butterworth took this ticket out of his pocket (A second doss return ticket from Woolwich to Bishopsgate)—he said that he was in possession of a ticket, so it was not likely that he should be there applying for one—I took Smith on 12th Sept, at Shoreditch, and told him he was charged with robbings till at the North Woolwich railway station, on 2nd Sept—he said that he

robbed no brick kiln—I said "a till"—he kept repeating the words "brick kiln," and I took him to tine station.

COURT. to LEONARD RUSE. Did you see Butterworth and Fountain taken? A. Yes, I went and pointed them out just against the Three. Crowas, about two minutes walk from the station—they were in the crowd, playing at three sticks a penny—there were not 100 people there—the crowd was round them, to look at them.

Butterworth's Defence. I had a return ticket, and made inquiries what time the uext train left for London; the boy said, "You have stepped over the mark," and I immediately stepped back again; I inquired how long the train would be; they said, "Some quarter of an hour," and I went down Smith-street; I saw a great number of persons cock shying, and racing, and different things, and I was taken; these people are complete strangers to me; I never saw them before.

BUTTERWORTH— GUILTY . Aged 24.— Confined Two Years.

FOUNTAIN— GUILTY ,

SMITH— GUILTY , Aged 29.— Confined Two Years.

Fountain was further charged with facing been before convicted.

DENNIS CLARK . (policeman, M 108). I produce a certificate—(Read; "Surrey Sessions, William Amos, Convicted July, 1852, of stealing a purse and 4l. 10s. from the person. Transported for Ten Years,")—I was present—Fountain is the person.

FOUNTAIN—GUILTY,** Aged 40,— Six Years Penal Servitude.

Reference Number: t18561027-1050

1050. EDWARD FRESHWATER and CHARLES THOMAS , stealing 12 pieces of timber, 2 handspikes, 1 spar, and, 1 chain, value 39s.; the property of the Board of Works for the Greenwich District.

MR. THOMPSON. conducted the Prosecution.

GEORGE STONE . I live at No. 8, Cold Bath, Greenwich. I am foreman of the flushing department of the Board of Works there. On Friday night, 19th Sept, I saw twelve deals belonging to the Board, in the river, off Billingagate Dock, Greenwich, which belongs to the Board—they were secured by a chain round the middle of them, which was made fast to an iron in a wall, at the middle of the wharf; on shore—I went on purpose to see, and they were fast—there were four twelves, four elevens, and four eight foot lengths, three inches thick—the eight feet ones were one inch wider than the others—there was no mark on them, but I knew them by continually working on them—they were used for making a stage and driving piles there—I have seen them all since, and the chain, two handspikes, and a lever were also taken—they were all chained together—I do not know the prisoners.

Cross-examined by MR. DOYLE. Q. Have the handspikes been found A. No; the lever has; it is a spar, fifteen feet long—it was found with the planks—these are common 9 inch deals—there are tens of thousands of such, but we had them, new from the yard on the Monday before, when we began to work—I saw, thein measured by the carpenter, and ascertained the lengths; I measured some of them—I can say that they are tile same planks.

JAKES GALLOWA . I live in Hughes's-fields, Deptford, and keep a pony and cart. On Saturday, 20th Sept, about 12 'clock, the prisoners came—Thomas asked me whether I could draw him a little load of deals to New-cross, and what I would charge—I went to his house, looked at them, and said, 2s—they were lying across the road, against an old sawpit, on a hit, of waste ground, about 100 yards from the water side—when I got outside

Freshwater was in the road—Thomas told him that I would draw them for 2s.; and after I had had my dinner, I took my cart to the place where they were, and found the prisoners—they put them into my cart, and I took them to Mr. Jones's, Pomeroy-street, New-cross—I went by myself the best part of the way—they went with me from New-cross gate to Mr. Jones—they unloaded them themselves—they were left in Mr. Jones's yard, and Thomas gave me 2s., and went away.

Cross-examined. Q. Should you know the deals again? A. Yes—I fetched them back to the station bouse—this is one of them.

ISAAC JONES . I keep a wood yard in Pomeroy-street, New-cross. On 20th Sept., about 11 o'clock, the prisoners came to my gate together—Thomas said he was recommended to me about some deals he had for sale—I told him that I was not in want of any, and asked him if they were lying on board a ship—he replied, "No; they are landed"—I asked him if they were his own—he said, "Yes"—I asked him why he did not try to part with them in Deptford, without coming all the way to New-cross—he said that he had been to Mr. Jones's, at Deptford, who said that he had laid out all his money that week, or else he would have purchased them—he asked 1l. for them, and I told him ultimately that I would take them—they were spruce deals, and were worth 25s.—about 3 o'clock in the afternoon Thomas came, and said, "I have brought the deals"—they placed them inside the gates—I told them to call at 8 o'clock for the money, and they went away with the carman—some short time afterwards a police inspector and constable came, and I gave up the deals to them, without paying for them—I made an arrangement with the police to stop over the way—the prisoners came about half past 7 o'clock, and I sent for the police—the inspector asked them where they got the deals—Thomas, I believe, said that he found them floating, or lying under the bows of the cholera ship at Deptford—he took them in charge.

Cross-examined. Q. I suppose you made some calculation as to the measurement? A. I did; I had a piece of chalk—there were three of 12 feet—I cannot positively say whether any were 10 feet long, but I have an impression that there were—there are more spruce deals than others in London, and if they had gone out of my yard I could not undertake to swear to them—there is no mark, and I cannot swear to the wood.

COURT. Q. Would it make any difference in your opinion if you had worked upon them five or six days? A. No, I would not swear to them.

THOMAS TRICKEY . (Thames police inspector). On 20th Sept. I went to Mr. Jones's, and found twelve deals, and a 12 foot spar; four 12 feet, four 11 feet, and four 8 feet—I did not measure them, but I am in the habit of seeing deals—that evening I was taken to the premises again by Mr. Jones's son, and, crossing the road, I saw Freshwater—I said to the constable, "Here is Freshwater; bring him in"—I went to the house, and found Thomas there—when they were together, I asked them where they got those deals—Thomas said, "I found them athwart the bows of the cholera ship"—I asked him why he did not take them to the water bailiff if he found them adrift—he said, "What, row them down to Charlton?"—I said, "No; there is a water bailiff at Greenwich, within 300 yards of where you say you found them"—I took them into custody—the Watergate stairs, Deptford, is about a quarter of a mile from Billingsgate-dock—I know where Galloway lives, and the piece of waste ground; it is about a quarter of a mile from Billingsgate-dock.

Cross-examined. Q. Did not he say, "What, row them to Barking?"

A. No, "Charlton," but I am not positive—the cholera ship lies a little below the water gate, half way between there and Billingsgate dock—it was high water a few minutes after 5 o'clock that morning, and low water at 12 o'clock—it is five hours flow and seven hours ebb—the Watergate is higher up than Billingsgate dock—the timber could not have floated from Billingsgate dock to the cholera ship, unless the tide was running up—I was on the river till two o'clock that night—there was not much shipping moving.

RICHARD TROTT . (Themes policeman, 40). On Monday afternoon, 22nd Oct., I found this chain in the watch box of the Lower Watergate stairs, Deptford.

GEORGE STONE . re-examined.. This is the chain. Here is a piece (produced) which was broken off it some time before it was lost—the ring was left in the pile—the chain was tied, and the end fastened with a bit of string—there was a schooner there, she was made fast to the bar, but not to the chain—if they undid the schooner's hawser that would not cause the chain to break away—the spar was put in to twist the chain, and make it tight, and we had another short piece to hold them together.

(Freshwater's statement before the Magistrate was here read as follows: "I had nothing to do with finding the deals, only that I was with Thomas afterwards, and I wish to be committed for trial before a Jury.")

NOT GUILTY .

Reference Number: t18561027-1051

1051. DANIEL TONER and WILLIAM GRAHAM were indicted or unlawfully conspiring to cheat and defraud Francis Marker.

MR. METCALFE. conducted the Prosecution.

FRANCIS MARKER . I am a boot and shoe maker, and live at No. 5, High-street, Woolwich. I have carried on business there for some time—on 24th June last, I let the front shop to a person calling himself Neale and Co., at a rent of 2l. for ten days, to sell coloured lamps and other things for the illumination—he paid the 2l., and I let it him for the next week at 20s., as he had not been successful, and he was to pay 25s. a week for so long as he remained afterwards—he remained that week and part of another, and I lent him money to the amount of 1l. 15s.—he left without notice before the end of the second week, and he came with six men to take bis goods, without paying the money, but I detained them—I went to the police court, and spoke to the Magistrate, and was referred by him to the County Court—as I left the police court, the prisoner Toner followed me out, and said, "I see that this Neale is trying to cheat you, you ought to take regular steps for it"—he said, "I am the broker that does the business for the parish of Woolwich; you get a form, and I will fill it up, and give me the notice, I will get the rent for you; I have several cases now in hand similar; I have got men in the houses, where I visit them every day"—he said "You get a blank form, and I will fill it up, and give Mr. Neale a week's notice to quit the premises"—I went with him to Mr. Edwards's, in High-street, and bought a printed form—he also called for a form of distress, a warrant—I bought that—I told him that one week's rent was due, and the other partly due—that was not due till the week was up, but Toner said, "Yes, you put it in; take it for both, for he has began for both; leave it to me, and I will transact the business for you, as I do for all the parish"—I am sure I told him that one week was due, and the other, I think, was wanting two days to the end of the week—I told him it was a weekly rent—he said, "Put the two weeks in, they are due to you if he has commenced, and the 1l. 15s. with it; I will put it all in"—I told him that

Neale owed me 1l. 15s. for money lent, and lodging besides—I said, "Don't do one thing that is, wrong, I want nothing but what is right and, fair"—I called in a policeman to ascertain that it was right; he did not know much about it—having filled up the warrant, Toner made the distress—he demanded 5s. for making the levy, and 2s. 6d. for the man that he put in—he wanted me, to pay it down then—I said, "No, not until the business is settled; I never did in the country"—he said, "The law is different now"—I refused to pay him until it was completed, but, my wife did—Toner told me next day that she had paid 2s. 6d. for the man—I do not know when she paid the rest, and I gave my man 10. to give him, as he said he was abort of money—I saw him take, it—this was on 18th July—the man remained in possession five days—my wife paid him—at the end of the five days, Toner came, accompanied by Graham and Mr. Campion, the appraiser, a policeman to swear the appraiser, and two other men—Toner came and said to me that the appraisers were come to appraise the goods, and I must pay 10s. 0 1/2 d. before they had right to work—I put down four, half crowns on the table, the halfpenny they said they would give me—Toner said 5s. was for the appraiser, 2s. 6d. for the appraiser's clerk, and 2s. 6 1/2 d. for, the stamp—Graham took the money up from the table, he was the appraiser's clerk—I said, "It is a great deal of money for, me to pay, this is 27s. 6d. that I have paid"—he said, "You can buy the goods, if you like, at the condemned price"—Toner and Graham both said so—I said, "Please to make two lots of the goods, as Mr. Neale owes me 1l. 15s.," which I wished Toner to take out off the warrant, and I thought I might be able to get that—"Hold your tongue," said Graham, "we have made it all right,"and he waved his hand, ordering me not to speak, and I walked away, thinking it was all right—Toner said it was all right, and told me not to interfere—Toner walked to the back garden, and called out, "Mr. Neale," three times to come and claim the goods, and three times at the front door—Mr. Neale did not answer, and he then said, "We must give the landlord the privilege of buying these goods at the condemned price"—he said that publicly at the table—he then called out twice, "Francis Marker, or any person in the, behalf of Francis Marker, to, take these goods at the condemned price"—(3l. 18s. 6d. was the price named)—the second time he called that out, I answered, "Yes,"—I said it loud, so as they could hear me—I walked close to the table, and said, "Yes," close to them—I said, "Yes, I take them at the condemned price"—I then turned to go through my parlour to the back part of the house, and my man followed me—Toner came into the parlour, and said to my man, "You must pay 1l. more for these goods, as there is another man will give a sovereign more for them;" that waste part between themselves—I called Toner, and said, "You please to settle the warrant, give me a regular receipt; you want a sovereign more, I understand; I don't mind paying you; I don't see that there is any occasion for it, I will run up stairs for the money, and settle it"—he said, "I am going out to have a glass of ale, and I will be in and settle the warrant for you in two or three minutes"—I did not promise to give him the other sovereign—I waited for him until night, he did not return—that same night Mr. Jones and three or four men came to take, the goods—I saw Graham there shortly afterwards packing up the goods—I prevented it—I went to the police station and spoke to the inspector—a policeman came—I said to Graham, "Who has sold these goods?"—he said "Toner"—I said "Where is Toner?"—he said, "He is over at the gardens having a bit of a pipe; it is all right; let the goods stop till he comes back with the money"

—said, "If that is the case I will have him taken up for embezzlement, and selling the goods twice over—Graham insisted on taking them, and said it was all right to me—I said, "It is not right, for I have not got the money, and I have not sold the goods; I have lost 27s. 6d., besides my rent"—Jones said." I will leave the goods, I won't take them; I don't wish to do anything that is wrong," and shortly after they all went away—between 11 and 12 o'clock that night, Mr. Jones brought Toner to the shop—he was drunk—I said to him, "You have sold these goods twice over, after I have bought them and paid you your experises, and I will have you taken up for embezzlement"—he said, I have not sold the goods;" and he turned round to my man and said, "You can take the goods to-morrow morning' at 10 o'clock"—the next night I put the goods down in the cellar, as I wanted to let the shop; a party was wait ing for it—Graham and Jones came for them next day—Graham' insisted on taking them—the man in possession told him he should not, until he had paid the rent, and they "did not get them—afterwards Jones, Toner, and another man came and said they came on account of Neale's goods—I said, "I shan't have anything to say to you"—Toner told me that Neale had taken out a Conty Court summons for 49l. for the goods that he had condemned and sold to me—I did receive a County Court summons, and had to srrffer the loss, in consequence of Toner's making a false distress—they decided against me at the County Court, and I had to pay 5l. expenses, and lost all the rent—it has almost ruined me—I am only a working man—I was obliged to give up the goods; it was decided against me on the ground that the half week had been put in—Toner said, "I have got the money (meaning Jones's money), and I mean to stick to it;" and he took the money otit in his hand—he said, "I did not sell the goods"—I said, "You took the money"—he said, I did not"—I said, "Who did?"—he said, "My clerk"—I said, "Who is your clerk?"—he said, Graham"—Graham was not present then—he then asked me to stand a pot of 6d. ale—I refused, and he said, "Very well, I have got plenty of money, and I mean to spend it"—on 9th Aug. Toner came again, with Graham—they came into my parlour door—my daughter was up in the parlour—I and my wife were down in the kitchen having our dinner—I went up on my daughter calling me—Toner said, "I have come about Neale's goods"—I said, "I have nothing to sayto you; I am just having my dinner"—I locked the parlour door, and went down stairs again (this was after I had been to the County Court)—I left them in the stop—before I got to the bottom of the stairs I heard the parlour door burst open—my wife ran up directly, and I heard a great noise—I did not go up.

Cross-examined by MR. M'AUBREY. Q. Were these goods in the house at this time? A. Yes, in the cellar—when Graham first came with was with Campion—I believe campion is a respectable appraiser—I understood that Graham was acting as his clerk—Campion was there when the money was paid down—Graham took it up—I did not notice that Campion made any objection to his doing so—I did not see Jones—there at the time the parlour door was broken open—I will not swear that he was not there—I did not go out of my parlour—I did not see any other persons about there—a judgment against me at the County Court at the suit of Neal—that was not bcause Neale proved that he owed me no rent—I swear that—nothing was said in my presence about nt rent being due—I was present all the time—Neale never refused owing me the rent I heard him examined—he did not swear in my presence or hearing that owed me no rent—I will swear that he did not prove that no rent was owing to me—he said he did not owe

the second week—if he had said he did not owe me any rent I must have heard it—I swear he did not say so—I do not keep a penny theatre or a penny garden—I let the shop, after Neale went, to a party for showing a Bohemian boy at 1d. a piece—I have let it before for a similar purpose; in the winter there was a large-headed child—I keep the shop to let for that purpose—I believe Jones was with Graham when I saw him taking down the goods.

Toner. Q. Did you not know me prior to 18th July? A. No—I never met you at the Sovereign public house or at the Queen Victoria, at Woolwich, that I know of—I am not aware that you recommended a man in the artillery to me to work for him—I deny all knowledge of you—you followed me out of the police court on 18th July—I did not come into the Duke of Wellington public house and call you out—you asked me to go in and treat you with a pot of beer, and you would do the business for me—I did not place the man in possession, you did—he was not a man in my employment, he was a workman of Neale's—I purchased the goods at the table, in the presence of all of you.

JURY. Q. Who wrote the distress warrant? A. Toner, and he ordered me to sign it.

HARRIET MARKER . I am the wife of Frederick Marker. I saw the prisoner at our place several times—I was by the side of them on 9th Aug when they came to appraise the goods—when the distress was first put in I paid Toner some money, that was about an hour after the distress was put in—I heard the conversation between him and my husband previously—he asked my husband for 5s. and half a crown, and he refused—after my husband was gone out, Toner said to me, "You know this is a poor fellow (meaning Bevel), and he wants money, and it is not in my power to pay it him; I have got a great many men about, and I must go and visit them all"—I said I could not get 5s. but I could let the poor fellow have half a crown before he went home—he said, "So do, and let me have it," and I gave him half a crown, he kept 10d. of it, and gave the rest to the man—next day I gave him 8d. that was for himself—he said he wanted a few shilling—in the evening I paid the man his half crown—next day Toner came and said he wanted a shilling of my husband—he said, "No, I have made a promise that I would not pay any, but if you are badly off and in want of a shilling," he gave our man one to give him—Toner had another half crown that same day from me to give to the man, I did not see him give it to him, he told me he did—I paid the man three half crowns myself, and Toner three half crowns and 18d.—I was present when the appraisement was mads—I saw Graham there, and saw my husband pay the 10s.—I would not say that Graham took it up, because I did not observe it, but it was taken up by one of them at the table that was doing the business—between 9 and 10 o'clock Graham came with Mr. Jones and two workmen with a donkey cart, they took the goods down from the window, and were packing them all up—Jones took out a receipt and said he had paid for it—I said, "Why, the other day my husband bought it"—Jones said, "Oh! I have bought it since that"—Graham said we must let them go, it was all right—I saw Graham and Toner when they came on the last occasion, and Feltham too—when I heard the door broken open, I went up and saw Toner standing in the parlour, and Graham in the parlour doorway—I said, "What are you doing? what right have you here?"—Toner said, "I want Mr. Neale's things"—I said, "If you please walk out from here, you have no business here"—I put my hand to push him out, he would not go, and he knocked me with his wrist—I put them out of the parlour—Graham did not come inside the parlour—I

I was going down stairs again, when I heard some one call "Mistress"—I went back, and when I came into the shop Graham was lifting up the people's curtains that they had parted off the shop with, and gone in under where they kept their beds, right on the trap door that leads into the cellar—he tried to pull away the beds to go down, and then he took a chair in his hand, and said to Mr. Jones and the men, "Come here, and take all these things and draw them out in the street, Mr. Neale has not given np possession of it yet"—I pulled the chair away from him and said, "Let go my lodgers' things, if you please," and I pushed him to push him out of the shop door, and he pushed me about very much—there was a large stick standing by—I saw him looking at it, and I caught hold of it, and he took it in his hand and shook me about, and made me very faint indeed.

Cross-examined. Q. You did not let them take away the things that day, at any rate? A. No—the goods were afterwards taken away by the officer of the County Court, and given back to Mr. Neale—Mr. Jones was with Graham when he came, but he did not put his foot inside—Mr. Campion was there as the appraiser, at first—my husband put down four half crowns, and they told him they would give him the halfpenny.

Toner. Q. Was not the 18d. you gave me on account of serving the notice to quit on Mr. Neale? A. Not at all—I never heard a word about it.

JAKES REVELL . I am a labourer, at Plumstead I was put in possession of these goods by Toner—I was present when the goods were condemned—at first Mr. Campion said he should not condemn the goods, nor have anything to do with it unless the money was paid; then Toner called to Marker to pay the money, and Marker came and paid 10s. down on the table; then Graham and Toner appraised the things, and Toner went into Marker's little parlour, and called, "Thomas Neale, Thomas Neale 1 is any one here on behalf of Thomas Neale?"—no one answered, and he came to the front door and called him again, and no one answered; then he said, "Well, as no one answers on behalf of Thomas Neale, I suppose we must give the preference to Mr. Marker; is there any one here that will take these goods at the condemned price on behalf of Mr. Marker?"—he said it the second time, and Mr. Marker said, "I will; my young man will take them, for I am busy;" and he left the room—he went close up to the table, and said that; I could hear him perfectly, Toner could not help hearing him, he was closer to him than I was, and Graham too; they both sat at the table, and I stood at the back of them; then Toner got up and walked into the little parlour along with Marker's man; what he said to him I do not know—before that I had not heard any one say that he would give a sovereign over the condemned price—when Toner came back he sat down in a chair, and laid, "Is there any one else here that will take these things at the condemned price?"—Mr. Jones said, "I will"—Toner said, "Are you prepared to pay the money?"—he said he would pay 2l. down, and he pulled out two wvereigns—Toner said, "That will not do; I must have the whole"—Jones said, "If you will go with me to North Woolwich, you can have the whole;" and Graham, Toner, and Jones all left, leaving me in charge of the dungs—between 8 and 9 o'clock Jones and Graham came to take away the things—I refused to let them go until Toner was present—I was to receive 2s. 6d. a day—I have never received it all up to the present—I hold my warrant now (producing it), it is in Toner's handwriting—I have received six days' pay—he had 15d. out of the first half crown, and he borrowed 6d. of my wife, which he has never repaid.

Toner. Q. After the goods were sold, did Mr. Marker not send

out for some ale and beer? A. I do not think he did—I agreed with Mr. Jones to remain with the goods all night, and he was to give me half a crown.

THOMAS JONES . I am a broker and lamp lighter. I attended at the sale, and bought the lamps—Graham and Toner sold them to me—I gave 3l. 18s. 6d.—I only had 2l. with me; I offered to deposit that; he objected, and wanted all the money down—I said, "If you will go with me across to North Woolwich Gardens, where I work, I will get the remainder for you, and pay your expenses"—they agreed to that, and went with me—I borrowed the money of my master, and paid it on the table—Graham picked it up, and Toner asked for it, and said he had a right to it; and he gave it over into his hands, and said, "Well, I know it is a usual thing for the broker to take the money, I must give it over to you"—my master then said to me, "Tom, go and get your goods;" and I went and took two men with me—I did not see Toner after giving him the money, I left him in the garden—I found Graham over there—when I got there with a donkey and cart, I began to take some lamps from the window, and put them in the donkey cart, when Mr. Marker came in, and said, "What are you going to do with these goods?"—I said, "I have paid for them, and am going to take them over the water"—he said, "I have not received my money yet"—I said, "Well, if you have not, I will not go any further till such time as Toner brings the money"—Graham was there waiting to see the things delivered up to me, but he was not helping—I unloaded the cart again, and took the goods back, and said, "I will leave it till the morning;" and I told the man to stop in possession, and I would pay him for his night's work—I think Graham said he had left Toner on the other side of the water—I saw Toner that same night, after I had unloaded the cart—I told him I wanted the goods, and did not know what to make of it, as he was not there to give them up to me in a respectable way, and he had my money—he said he had stopped at the gardens to see something going on there—I was in such a way about it, that I gave him in charge to a policeman, and took him to the station house; but the inspector said he could not interfere in it, and Toner said he would meet me in the morning and have my goods delivered up to me—I went there next morning at 9 o'clock, and Toner was not to be found—Graham was there—I could not get my goods—I did not see Toner for two or three days afterwards—I think the next time was at the police court—I never got my money back, or the goods.

Toner. Q. Did not I tell you if Marker would not allow you to have the goods, I would give up the money? A. No, I never heard you say sack a word—I was willing to have my money, it would have suited me quite as well as the goods—I did not hear Mr. Marker say that he would purchase them at the condemned price—I was in the room the whole time—I was told by a policeman that the things were going to be sold that day—there were only five of us in the front shop, the man in possession, the appraiser, and me—I saw you go into the back parlour and speak to some one.

COURT. Q. Was there any notice of an auction? A. No, only the question was asked, would anybody take them at the condemned price—that was all.

NICHOLAS MULLENS . (policeman, R 306). I was present when these goods were condemned—I was there to swear the appraiser. Toner asked for 10s. 0 1/2 d.—the 10s. was paid—Graham took it up, and handed 5s. to Campion, the broker—after they had been appraised, I heard Toner call for Neale—he did not answer, and he next called Mr. Marker, and the goods

were appraised at 3l. 18s. 6d.—when Toner said, "Is there anybody here to the goods at the condemned price for Mr. Marker?" Marker said, "I will take them, my young man will take them for me," and he then left—Toner then said, "Whoever pays the money down at the condemned price, shall have them," and Jones said, "I will have them"—that was after Marker had left the room—before Toner said that, he followed Marker into the parlour—Jones made an offer of 2l. in part payment, and the rest after yauds—Toner said no, he must have all the money, and then they went away.

Cross-examined. Q. Then what passed between Marker and Toner in the room, you do not know? A. No, Graham did not go into the room—Graham was present when Jones said he would take the goods.

FRANCIS MARKER . re-examined. This (produced) is the warrant that Toner wrote—he took away the 1l. 15s. by my desire, as I was afraid he was doing wrong.

JOHN CAMPION . I live at No. 8, Sussex-place, Plumstead-road. I am a broker and appraiser—I execute distress warrants for the parish of Woolwich, and have done so for years—I know Toner—he is not a licensed broker, to my knowledge—he does not do the parish business.

Cross-examined. Q. Is there a parish broker? A. No, not exactly, but the warrants are all sent to me, and I execute them with a policeman—I do all the business they hare to do—they send it to me, I do not hold any appointment as parish broker—I cannot swear whether Toner has a licence or not, I do not believe he has—a man may put in a distress whether he is a broker or not, because the landlord is his own broker, and can employ any one, but he cannot condemn—the same broker that puts in the distress cannot condemn, you must have a licensed appraiser—he puts the price on them that he thinks they will fetch.

Toner. Q. During your presence, after the goods were condemned, did Marker make any proposal to buy them? A. Not in my hearing.

Toner's Defence. This case originated out of the execution of 9th Aug. On 9th Aug., Mr. Marker applied at the Woolwich Police Court for a summons against Graham; it was fixed for hearing on the 15th, when he called me as a witness, and Mr. Marker applied for a summons against me, and swore that I assaulted him; a summons was granted for me to appear on the 22nd; I did so; it was adjourned to the 29th, and on the 29th Mr. Traill dismissed the summons; on the 3rd of the following month, I was served with a fresh summons, charging me with assaulting his daughter; that is all I know about the affair.

JOHN CAMPION . re-examined. I have known Graham for twelve or fourteen years—he was assistant to me when I was an officer of the old Court of Requests, and occasionally when I wanted him, I have employed him, which I should not have done, if I had not considered him an honest man—I did not authorise him to get the goods from Jones, or to get the money from him—I never knew where they were gone to—Graham is most respectably connected—he attends the police court at times—he does not practice as an attorney there, or at the County Court.

(Other witnesses also deposed to Graham's good character.)

TONER— GUILTY . Aged 42.— Confined Nine Months.

GRAHAM— NOT GUILTY .

Before Mr. Common Serjeant.

Reference Number: t18561027-1052

1052. SYDNEY ADAMS and THOMAS BUTLER , stealing 50 feet of paving stones; the goods of the Board of Works.

MR. SLEIGH. conducted the Prosecution.

CHARLES HUGHES . I am inspector of nuisances to the Greenwich Board of Works. In Ang. the Board authorised the repairing the paving of portions of the parish, and in consequence of some of the old paving stones having been missed, I went on 16th Aug. to Mrs. Silverton's house, and found in the back yard about fifty feet superficial of old paving stones; they were the property of the Greenwich Board of Works—I recognised them as being the old stones which had been taken up.

SAMUEL HOBBS . I am a mason and pavior. I contracted with the Greenwich district to do certain paving—in Aug. I was doing some paving works, taking up old paving stones and replacing them with new ones—the two prisoners were employed by me to do that work—at the commencement I spoke to them in reference to the old paving stones—from information I had received I advised them not to sell or dispose of anything, or give any of the old stones away—I ordered them not to dispose of any of them—neither of them said anything to me at any time in reference to having taken away or disposed of any; neither before nor after the paving stones were discovered at Mrs. Silverton's.

Cross-examined by MR. RIBTON. Q. What do you mean by advising them, was it a friendly admonition? A. I told them not to dispose of any—I told the two prisoners and two other men—it was in the early part of Aug., I cannot say the exact day—I never knew that there was any irregularity about these old paving stones—I have never been in any trouble about this matter—I was never before a Magistrate on a charge of this nature—I was never charged with having any of these stones in my own yard—I know Wilcox—there was never any transaction of this kind with him—I new had to pay any money—there was never on any occasion any charge against me with reference to these paving stones, nor any other stones—I have been in the business ever since I was fourteen years of age—I have been a master ever since 1845.

ELIZA SILVERTON . I am a widow. About 12th Aug. some paving was being done in front of my house—I saw the two prisoners among the men who were at work there—there was something the matter with the paving in my back yard, and I asked Adams if there would be any of the old stones to dispose of—he said, "I think it is very likely there will be some, how much do you want?"—I said, "If you will go with me, I will show you"—he went with me to the back of my house and measured the ground with his line—he said, "I think we shall have enough"—I said, "When shall I know if I can have it?"—he said, "In about three days"—this was about 12 o'clock—I went out that afternoon, and came home about half past 4 o'clock, and found the stones had been delivered, and they had injured my staircase very much—I went out immediately—I saw Adams, and said, "I find you have brought the stones in my house"—he said, "I have"—I said, "To the injury of my wall, how came you to injure my wall in this way?"—he said, "I am very sorry for any injury I have done, but the stones were very large; I will call the other man, I did not take them in myself"—he went and fetched Butler, and I talked to him respecting the injury they had done—they both said they could not help it—Butler saw it in particular—I said, "The stones ought not to have been brought in to front way, there was a back way—Adams said that he did not know that—Butler was present at that time—I said, "What is the price?"—Adams said, "Six shillings"—I paid him six shillings, and also sixpence for beer—I said, "The stones are very cheap"—he said, "Yes"—they then left the house.

EMMA COOPER . I am servant to the last witness On some afternoon in Aug. some paving stones were brought in by the two prisoners.

JOSIAH TURNER . (policeman, R 307). I took Adams, and told him I was going to take him into custody for stealing about 100 feet of paving and disposing of a portion of it to Mrs. Silverton, and a portion to Mr. Preece—he made no reply, or he might have said, "Very well"—on the way to the station I said, "Don't you think you was very foolish to do this?"—he said, "I have done nothing"—or something similar to that—and he said, "What you know you have got to prove."

(The prisoners received good characters.)

NOT GUILTY .

Reference Number: t18561027-1053

1053. SYDNEY ADAMS and THOMAS BUTLER were again indicted for stealing 2 cwt. of mortar, value 2s. 6d.; the goods of Samuel Hobbs, their master: and WILLIAM PREECE , feloniously receiving the same.

MR. SLEIGH. conducted the Prosecution.

CHARLES HUGHES . I am inspector of nuisances to the Greenwich Board of Works. On a Saturday in Aug. I went to Mr. Preece's, who keeps the Plume of Feathers, accompanied by a police officer—I found in his yard some missing stones—I told him the men had stolen that stone which was lying in his yard, as well as their master's mortar, and I had brought the the police officer to see that it was on his premises—he said, "There is a bit or two, I believe; there is a bit there, and there is a bit there, and there"—I said, "There are twelve pieces, and here are three stones over what were wanted to pave the yard"—I asked him what he had given for the mortar and stones—he said that he first went to the men, Adams and Butler, who were working outside, and told them a stone was broken in the yard and could they repair it, and they told him, "Yes"—I said, "But that don't'account for ten or a dozen stones"—he made no answer to that—the officer said, "We must take you into custody for having these stones and mortar"—and he mid, "Well, I will pay you any amount of money you may desire"—I asked him what he paid for them—he said he had given the men some beer—I asked him how much—and he did not seem to know—I considered that he meant as much as they liked.

Cross-examined by MR. RIBTON. Q. Have you ever been reprimanded in consequence of any transaction with the old stones? A. No, nothing of the kind—I am quite certain of that.

Cross-examined by MR. SERJEANT PARRY. Q. You are quite sure of that? A. Yes—this paving was in the open yard—I should think the yard did want paving—Mr. Preece was a licensed victualler—he has since let his house—I had known him to be there some few years—I am not aware whether his brewer had repaired that house—when I was there his wife came out, and said, "Pay anything rather than have any bother about it"—and he put his hands into his pockets, and the money rattled—these stones were not covered over at all—they formed the pavement of the yard.

MR. RIBTON. Q. Do you know a man named Peacock? A. Yes; he was an officer of the parish—he never brought a charge against me—I will swear he never did—I was never accused of taking five or six cart loads of parish stones which were placed in Lamb-lane, Greenwich—I never did it—Mr. Peacock never desired me to take any stones back again—I was never reported to the Board.

SAMUEL HOBBS . I am contractor for the paving. Adams and Butler were in my employ—the mortar was my own. property—the stones were

the property of the Board of Works—the prisoners had no authority to dispose of any portion of that mortar—I saw the mortar at Mr. Preece's it was of the same description as that the prisoners were employed with.

Cross-examined by MR. RIBTON. Q. In your yard was there a Purbeck stone found? A. Yes—Mr. Hughes gave me that, and for that I undertook to cart a cart of stones to another part of the parish—there was not a report made to the Board that this was found on my premises—none of the missing stone was found there—Adams was not the man who carried that stone to my yard—it was put into my cart and brought there by my carter—I was not there—Adams was not desired to take care of this stone—he was at work in my yard at the time—I was not obliged to return that stone—certainly not, I have it now—I carted a load of Purbeck stones to another part of the parish, and I said, "Will you give me one stone to grind paint on?" and he said, "Certainly I will."

JOHN HENDLE . I am a brewer, residing at Greenwich. In August, I saw Adams and Butler repairing the paring in Park-terrace, near Mr. Preece's house—I saw Butler take some mortar into Mr. Preece's house—I did not see Adams there at all—I was in Mr. Preece's house for two hours on the evening of 12th August—I saw Butler pass through the home several times, bringing in mortar—he brought in six or eight shovels full—he took it from the front of the house—I did not go into the back yard.

Cross-examined by MR. RIBTON. Q. What time was this? A. I was there from a quarter before 5 till about 7 o'clock—I stood at the bar with a friend—I did not speak to Butler.

Cross-examined by MR. SERJEANT PARRY. Q. How many persons came in and out while you were there? A. I did not count them—there was a policeman there—I cannot tell whether he saw the mortar taken in—if he had, perhaps he would not have taken any notice.

CHARLES HUGHES . re-examined. Q. What was the value of the mortar! A. About half a crown—the paving stones found in Preece's yard were the property of the Board of Works.

ALFRED JOHN CROUCH . (policeman, R 92). I took Butler into custody, and told him that he was charged with stealing 100 feet of stone, the property of the Board, fifty feet of which watt found at Preece's, and fifty feet at Sinverton's, and some mortar, the property of his master—he made no reply.

JOSIAH TURNER . (policeman, R 307). I took Adams into custody.

(Preece received a good character.)

NOT GUILTY .

(There was another indictment against the prisoners, on which no evidence was offered.)

Before Mr. Recorder.

Reference Number: t18561027-1054

1054. WILLIAM CREAMER , stealing 1 tea pot, and 2lbs. weight of brass, value 7s.; the goods of Thomas Cook: to which he

PLEADED GUILTY . Aged 13.— Confined Fourteen Days in Newgate, and to be sent to the Brook Green Roman Catholic Reformatory for Five Years.

Reference Number: t18561027-1055

1055. THOMAS M'BRIDE , (a soldier), stealing 3 bedgowns and other articles, value 12l.; the goods of Mary Sutton, in the dwelling house of John Leonard.

MR. COOPER. conducted the Prosecution.

MARY SUTTON . I am single, and live at No. 2, Old King-street. I was at Woolwich, one Sunday afternoon, and met the prisoner on the Common—I agreed to meet him on the following Sunday, in Blackheath-road—he

said his friends would get the money for him to get his discharge, and to go to America, and he wanted me to go with him—I said that I would not unless I was married—he wanted to get married on the Wednesday following, and he sent me a letter, saying that he had pat up the banns—he took me to Charlton church, and left me outside—he went in, and came out and said that the parson and clerk were marrying some other persons, and we could not be married that day—he was very angry—he proposed to go to London, md on the way he asked me if I had any money, and I lent him a sovereign, which he promised to pay me the next night—when we arrived, we went to St George's church, in the Borough—when we got there, he said it was too late to get married, and he would be there the following morning at 9 o'clock—we slept that night in the Borough—he forced me to sleep with him, and said he would be married the first thing in the morning—on the following morning I went with him to the church—he went close to the church, and then he said, as the banns were published at Charlton, he was afraid he should get himself into trouble, by marrying at another church—I then went with him to Charlton, he Went into the hospital, at Woolwich, and I went home—he was away for eight days, and than he came back to Deptford to me—I afterwards went to Woolwich, and he told me he had taken a room at Mrs. Leonard's—on the following morning he came to Deptford, and said, that he would take my boxes there, and his company was going to Portsmouth the next morning, and he would send me a rose Office order for 2l. for me to come after him on the following Friday, and he would take my luggage and goods with Him to Portsmouth, so that I should not have to bring them with me on Friday morning—he took my goods from Deptford—they were in two boxes—they were sent by the Delivery Company to Woolwich, and he met them and took them to Mrs. Leonard's—the goods stated were in the boxes—he took them first from the place at Deptford, they were left at Woolwich, and they were taken from the Victory to Mrs. Leonard's—I was there, and saw it—the prisoner took one of my boxes, and Mrs. Leonard's little girl carried the other—I told him while he was courting me what I had got—the value of all the property is about 12l—on the following night I went to Mrs. Leonard's—I found my boxes had been opened, and two shawls were missing, a petticoat, and some other things—I did not find the prisoner at all—I went to a Magistrate, and to the barracks, and gave information—the next time I saw the prisoner was at the police court.

Prisoner. The day the things came to the Victory, she came and helped me to carry them away to Mrs. Leonard's. Witness. No, I did not.

MARGARET LEONARD . I live with my husband, in Artillery-place, Woolwich. The prisoner came to my house on 17th Sept—he afterwards came and brought two boxes—when they had been there about half an hour, he said his wife had too much luggage to go Portsmouth, and that as she had been so many years in Deptford, she did not wish to dipose of them there, and he asked me if I would let him dispose of them in my place—I do not keep a shop—I am only a lodger—he asked me to let my little girl go to help him bring the things—I bought two dresses, a shawl, and some other articles of him, for which I paid him 1l. 16s.—I saw him sell three dresses, two shawls, and some other things, and I saw him receive the money—another person bought some of the articles which came out of the box—he gave my daughter something to sell.

ANN LEONARD . I am a daughter of the last witness. The prisoner gave me two shawls and some other things on the night he brought them to my

mother's—he told me to pawn them, which I did, and gave him the money—I took one of the boxes from the Victory, to assist him.

JAMES WESTBROOK . (policeman, R 114). I produce the whole of the property—some I got from Mrs. Leonard's, and some from different places.

MART BUTTON . re-examined. These things are all mine—these are the shawls that the little girl pawned.

Prisoner's Defence. These things she sent to the Victory; we slept there three nights; the girl came and helped me to carry the things to Leonard's—my own company is at Portsmouth; I still meant to marry her.

GUILTY .—Aged 20.

(A sergeant of the Artillery, to which the prisoner belonged, stated that his conduct in the regiment was bad.)

Confined Eighteen Months.

Before Mr. Common Serjeant.

Reference Number: t18561027-1056

1056. GEORGE WITNEY and ELIZA WILLIAMS , burglarioualy breaking and entering the dwelling house of Edward Clift, at Lewisham, and stealing therein 7 spoons, value 400.; his property.

MR. COOPER. conducted the Prosecution.

ANN WEBBER . I am single, and am servant to Mr. Edward Clift, of Lea Bridge, Kent. On Thursday, 7th Aug., the house was secured at 11 o'clock at night—I was the last person up, and saw the windows and doors all fastened—about half past 1 o'clock, I was awoke by a noise below—I called my master, and on going down stairs, found the house broken into—a door leading from the kitchen up stairs was broken into smash—the door leading into the scullery was broken open, and we missed seven silver spoons from a cupboard—the persons had got in by a little window in the back yard, which was open—it was fastened over night—I have only known it open once these five years—I have not seen the spoons since—they win worth about 2l.

HENRY SPICER . (policeman, R 188). On 22nd Sept, about 8 o'clock in the evening, I was on duty at Lewisham Bridge, and a woman (not the last witness), came to me—I accompanied her to Hanover-street, Lewisham, and there found the prisoner Williams, who was given into my custody by the female for robbing her of between 11l. and 12l.—as she went towards the station she said that if the woman turned nasty with her, she would turn nasty with them; that the female who gave her in charge was living with a man who was one of the greatest housebreakers in London, that she hid taken the money, but it was the produce of a robbery, and that he was the man who had done the job at Mr. Clift, the chemist's, on Lea Bridge, a month or five weeks before—I took her to the station, and heard that Witney was outside—I was ordered to fetch him, and did so—the inspector asked Williams if that was the man that she meant—she said, "Yes, and that he was the man that broke into Mr. Clift's, and took six to spoons, and a dessert spoon—he replied that he saw it was a splitting job, it was him that done it; and he said, "It was you who were with me—she said, "Yes, I was watching."

Cross-examined by MR. HORRY. Q. In what condition was Williams? A. She was the worse for liquor, and Witney might have been drinking.

WILLIAM RIVERS WILLSON . (police inspector, R). On 23rd Sept., about 7 o'clock in the evening, Williams was brought to the station, charged with stealing 11l. or 12l., the night previous, the property of another woman who was present, and Williams said, "Yes, and where did you get it from? did not your man steal it from a baker's shop on the G division last Saturday

night?"—she said, "No"—Williams said, "Yes you did and he likewise broke into the doctor's shop at Lewisham, about three weeks or a month ago, and stole the silver spoons"—she said, "No"—Williams said, "Yes, to did, and I was his watch woman, and be ia outside now"—I went out, and brought in Witney, and said, "Is this who you are speaking off—she said, "Yes, you know you broke into the doctor's shop, and stole the spoons"—he said, "I know I did, and you were my watch woman, were not you?"—she said, "Yes"—she smelt of drink, but she seemed to comprehend—Witney said "Now that you have commenced it, I will go on with it"—he went on to say that a man named Matthews, the female prisoner's brother-in-law, had sent a letter for him to go down to Lewisham, and break into the water mill—he said, "I went down, and found that they were repairing his house, I pulled off my coaty got oa a ladder, and saw that I could not do that, because the doom and windows were iron bound; and in the evening Matthews went out with us to look foe another job, and we tried a corn chandler's shop, but the policemen were so often post, that we could not do it; we thea went to a gentleman's house where there was a party, and could not do that; and then we fixed on the chemist's shop, and did that"—Williams said, "Yes, and I waited outside; and if you ask the bone patrol lie can apeak to it, for I spoke to him"—Witney said that he was disturbed, and only get seven spoons, took them to Matthews's house, and went back to see if it was a false alarm, and the police were there, and rubbed him down, and let him go.

Cross-examined Q. When he was brought to the station, had he paint on his coat? A. I did not see it—Matthews was discharged—I heard his examination—he denied it all the way through—he is a journeyman baker, and his master was im Court ready to give him a character, but he was discharged.

JOHN STRENGTH . (police sergeant, R 49). On 8th Aug., about 1 o'clock in the morning, I was on duty oa horseback at Lea, and rode past Mr. Clift's shop—I saw the female prisoner, and asked her what she was doing there at that time of the morning—she asked me if that wan the way to London—I said, "You do not want to go to London, I know your fact, you live here"—she said, "No, I have come from London to look for my husband, he is a printer, and I am searching Lewisbsn to find him"—having my suspicions that there was something taking place down a turning, I left her, and rode down, keeping my eyes so much as I could towards her, but I missed her—I saw Spicer, spoke to him, and soon afterwards, in Consequence of suspicion, I left two constables in the shop to keep a sharp look out—I heard of Mr. Clift's robbery the same morning—Williams was standing immediately opposite his shop—she appeared to be looking down a turning which led to the backs of some houses-rafter the robbery, I went in search of her, but could not find hen.

Cross-examined. Q. Was not Mr. Clift's robbery a common subject of conversation in Lewisham the next day? A. No doubt—I was spoken to by one person about it—I am sure she said that her husband was a printer, not a painter.

NOT GUILTY .

Before Michael Prendergast, Esq.

Reference Number: t18561027-1057

1057. MARY GREEN and MARY FITZGERALD , stealing 3 pairs of boots, value 6s. 6d. the property of James Henderson.

JAMES WESTBBOOK . (policeman R, 114). On 16th inst, between 1 and 2 o'clock in the day, I was on duty in Powis-street, Woolwick—I saw the

two prisoners, with another person, standing at the door of a boot shop kept by Mr. Henderson—they were talking to each other—I saw two of them go inside the shop, when Fitzgerald closed up with the boots, took three pair of them, and put them under her shawl—she went about fifty yards up the street, when I overtook her—she was very obstinate—Green went away with the other person in the shop—I took Fitzgerald to the station.

Fitzgerald. Q. You did not see me take the boots, did you? A. Yes, you had the boots in your right hand, and placed them under your shawl—I was not five yards from you when you took them.

ANN PYLES . I am sister in law to Mr. Henderson. I was staying with my sister at the time the boots were taken—I know that the boots produced belong to my brother in law because of the marks on them—I had seen them hanging at the door, and missed them afterwards—I saw two women come into the shop—one of them was Green—the other prisoner did not come into the shop—the woman who came in with the prisoner Green asked the price of goloshes—I told her 4s.—they then went out of the shop, and directly after I missed the boots, and the constable brought them to the shop.

Greens Defence. I never knew Fitzgerald till the Monday morning, when I met her and a young person who is living in London; I went with her to the shop to buy some goloshes; she said I can get them for 3s. 6d.; I turned round to beckon this other person, and she went out of the shop; as soon as I got to the door I saw a person I knew; all at once they mined these boots; I saw her again, and asked what she had done with the young woman, and she said, "She has taken a pair of boots, and is taken into custody"—when the boots were taken we were at the further end of one window, and the boots were at the other end.

GREEN— NOT GUILTY .

FITZGERALD— GUILTY . Aged 18— Confined Six Months.

Reference Number: t18561027-1058

1058. MARY GREEN was again indicted for stealing 30 yards of printed cotton, value 18s.; the property of Thomas Robinson Baker.

MR. DOYLE. conducted the Prosecution.

FREDERICK SIMMONS . I am in the employment of Mr. Baker, a linen-draper at Greensend, Woolwich. I saw the prisoner on Tuesday, 7th inst, at about 7 o'clock in the evening—I was at one corner of my master's shop, and the prisoner was at the other corner, and somebody with her—I saw her take a piece of print and put it in her shawl, and run across the road—I was outside the shop—I was looking at her through the window—I and another boy ran after her—the other boy got hold of her first, and I ran up afterwards—she saw us running after her, and she dropped the cotton—it was picked up by a little girl—I and the other boy brought the prisoner back to my master's shop, and he sent for a policeman—she said, "Let me go, there's good boys, it was not me that took it, it was another woman"—I have no doubt as to the woman that took it.

Prisoner's Defence. This person who was with me picked up a piece of print, and was pushing it under my shawl; being in drink I was frightened, and I ran away; I directly told the officer, when he took me into custody; I told him I thought he would find her at my son's house, or at the railway; the officer went, and found her at the railway; she was taken in labour and sent away to the union—he sent a young woman to ask me to go to the station to see the young woman; it appears she keeps young girls, and

gets her living by them; I was not aware what a character she was at the time.

GUILTY .

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

JOHN NEWELL . (police sergeant, R). I produce a certificate of the prisoner's former conviction for stealing a pewter pot, having been before that convicted—(read)—the prisoner is the person.

GUILTY. Aged 45.— Confined Eighteen Months.

Reference Number: t18561027-1059

1059. SUSAN ANN HABER , stealing a medal and 9s.; the property of Benjamin Bridges, from his person.

BENJAMIN BRIDGES . I live at No. 3, Bond-street, Commercial-road. On 27th Sept., I met the prisoner in the road near the railway station, at Deptford—she accosted me, and asked where I was going—I told her I was going home by the New Cross railway—she asked me for money—I went with her up some bye-lane—during the time I was with her, she put her hand in my pocket—I did not lie down with her—I was walking with her when I missed my money out of my pocket—I gave her a shilling—I had connection with her; then I found her hand in my pocket—I had in my pocket about nine shillings and a pocket piece along with them, in my right hand pocket—it was all taken away but a halfpenny—I had a fourpenny piece and two or three halfpence—I asked her for it—I said, "I will be satisfied if you give me half of it"—she denied having it—two young chaps came up—I do not know who they were—when I saw a policeman I gave her in charge—I had had a little to drink—I knew what I was about—I was not the worse for liquor.

AUBREY HAND . (policeman, 417). I was on duty at New Cross. I saw the prisoner and the prosecutor together—I heard them talking together very loud, and I went up to them—the prosecutor gave the prisoner in charge—she said she had not the money—she produced one shilling, and said that was all she had about her—she was taken to the station house and searched—the prosecutor had been drinking a little, but seemed to know what he was about.

ELIZABETH HOLMES . I am a searcher at the station house. I searched the prisoner, and found upon her a pocket piece and a fourpenny-piece—found them in her mouth.

BENJAMIN BRIDGES . re-examined. This is the pocket piece I had on the night in question.

NOT GUILTY .

Reference Number: t18561027-1060

1060. SAMUEL WRIGHT , stealing 12s. of George Cowthard.

SARAH COWTHARD . I am the wife of George Cowthard, we keep a general shop. On the afternoon of Wednesday, the 8th instant, between 3 and 4 o'clock, I was sitting in my parlour adjoining the shop—I had my attention attracted to the ahop by the jingling of money, like silver—I went into the shop, and saw the prisoner with his hand in the till—he was leaning overihe counter, taking the money out of the till, and putting it into his pocket—he ran off with his hand in his pocket—he had money in his pocket—I had seen the till safe about two minutes before—there was then about twenty-five shillings in it—after he had gone away I found in it twelve shillings—I got my bonnet and ran after him—I am quite, contain the prisoner is the person—I saw him again the next day.

JOHN JAMES THOMASON . I live at Deptford. I was standing outside the prosecutor's door—I saw the prisoner run out of the shop—he had his hand in his pocket—I ran after him—I did not catch him—I am sure he is the person.

Prisoner's Defence. They accused me the next morning; I went down with the constable,. and the prosecutor said I was the person; I was at Woolwich all the time.

ALFRED JOHN CROUCH . (policeman, R 82). Nothing was found on him—he had a blue jacket on when he committed the robbery—the next morning he was dressed the same as he is now, in a blue smock—I asked him what he had done with his jacket—he said he had sold it—I have since found the jacket where he left it on the afternoon of this robbery.

GUILTY . Aged 17.— Confined Twelve Months.

Reference Number: t18561027-1061

1061. PHILADELPHIA HOGBIN , feloniously cutting and wounding Margaret Taylor, with intent to do her grievous bodily harm.

MARGARET TAYLOR . I am the wife of Joseph Taylor, of No. 21, Francis-street, Woolwich, a private in the Marines. The prisoner lives in the same house—on the 11th of this month, I saw her in the passage; she was not sober—she seemed to know what she was about—she came to the top of the stairs, and abused me—I told her to go away, and she laid hold of me by the hair of my head—she had a knife, and she dragged me into the passage with the knife in her hand, and stabbed file ui the face twice—it was a common dinner knife—I had not had any quarrel with her at that time—my husband and her husband had a little grievance, they had been before a Magistrate—when she bad hold of me, I cried out for assistance—she spoke about my husband before she struck me—she said Mr. Green had paid 1l. 2s., and that was a fine thing out of a private's pay—she cut me in my neck, and underneath my eye—Mr. Bull came and tried to take the knife from her.

Prisoner. Q. You did not go into Bull's room, and take the chamber convenience and throw at me, did you? A. I never went into Bull's room at all.

GEORGE BULL . I was in the house, and heard a cry for assistance—I went up stairs, and found Mrs. Taylor and Mrs. Hogbin; Mrs. Hoghin had a knife in her hand—the handle of it was bloody, and Mrs. Taylor was bleeding—I tried to take the knife from her, and she said she would stab me too.

Prisoner. Q. You were in your room with your wife when Mrs. Taylor went into your room and took the chamber utensil from under your bed; it was a yellow one, was it not? A. I was in my room, but Mrs. Taylor never came into my room—she did not take it from my room and throw at you—I never saw her throw anything; it was not taken from my room.

ELIZABETH SMITH . I was at the prosecutrix's house on the night in question—I heard some words, and Mrs. Taylor hallooed out for help—I went in the passage, and saw Mrs. Taylor and Mrs. Hoghin both together—Mrs. Taylor was undermost—the prisoner had a knife in her hand, and when I pulled her off she made a stab at me, and stabbed me—I never had any quarrel with her—I was assisting her as well as Mrs. Taylor.

CHARLES CARTWRIGHT . (policeman, R 384). I took the prisoner into custody—the prosecutrix's face was cut on the left side—it was not a bad cut—there were twe places cut—the prisoner seemed to me to be sober; her face was cut also—it appeared as though it had been scratched with some thing.

ELIZABETH SMITH . re-examined. I did not see how the prisoner's face was hurt; not without she got a scratch when she fell down in the passage.

FELIX NEWTON . I heard a noise in the passage, and heard a woman cry

out—I saw Mrs. Taylor standing against the front door, trying to keep the prisoner off—I went round the back way, and got to her—I took the knife from her—I did not take notice of any blood upon it.

Witnesses for ike Defence.

WILLIAM HART . I wish to speak a few words for my daughter, the prisoner. I knew there was a quarrel in the house, and I heard the screams of my daughter while she was attacked—I could not render her any anistince—(the witness had lost both his arms)—I was that my daughter's face was cut and bruised in a moat desperate way on the left aide, as if she had been pushed against the floor, or the railings—she went down to get a sammons for the ill usage ahe had had, when the other peaty was there—my son-in-law took out the summons.

MRS. HART. I am the mother of the prisoner. I happened to put my head through my front window, and I saw a mob collected—I saw my daughter on the steps, with a knife in her hand—I do not wonder at my daughter being exasperated—there were eighteen or twenty non-commissioned officers and marines standing round—Mm. Taylor was sitting on the stairs, with my daughter's head in her lap—Mrs. Taylor opened the front parlour door, and dragged her out.

CHARLES CARTWRIGHT . recalled. They all earae down to the station together—I did not at any time see the prosecutrix pulling the prisoner by the hair of her head—the prosecutrix's face was out from the cheek bone to the ear, scratched—I have known the prosecatrix and the prisoner for a considerable time—I have known them both to he the worse for liquor at times, but never to be so as to be under the interference of the police—the prisoner is a well conducted person generally—I have never known them to be quarrelling together—when the prisoner came down to the station house ihe appeared to be perfectly sober.

Prisoners Defence. Because I wished to keep myself to myself, the proseeutrix was irritated against me and my husband; the party she has got against me were all drinking together, and, because I do not do the same, I am one of the vilest of the vile; ray husband had occasion to bring her to tat court on the 5th of last month, and she mid, if it might be twenty years, she would have it out, and she would lie in wait for me; on 18th Oct she said she would pay somebody to lie in wait for us.

GUILTY . Aged 25.— Confined Two Months.

Reference Number: t18561027-1062

1062. JOHANNA KEEFE , stealing 17s.; the moneys of Sarah Wane, from her person.

MR. DOYLE. conducted ike Prosecution.

SARAH WANE . I am a 'widow, and live in Canon-row, Woolwich. on Saturday evening, I life Oct., between 7 and 8 o'clock, I was out marketing—I went to Mr. Hughes's shop, and bought some butter—I then counted my money—I had 18s.—I paid 1s. for the cotter, and had 17s., and a farthing remaining—I then went across to Mr. Aland's shop, and looked at a breast of mutton, but did not buy anything—the prisoner followed me from Mr. Hughes's to Mr. Bland's, and was at my left side some time—ahe Aifted to my back—I went to put my hand to my pocket, and her hand was in my pocket—I tried to hold it, but, being paralyzed on that side,'lost my grasp, and she ran out—I tben missed my mony from my right pocket—there was no other person near me behind; I stoed at the baek of the persons at the Counter—I followed the prisoner over into Mr. Hughes's again eanght hold of her, and said, "You wretch, you have robbed me; give me my money"—I took her into Mr. Bland's shop again, and a policeman searched her—not having much use in my hand, it down on he

side of my pocket, and I know that my money was safe up to the time her hand got there—her hand was shut; I could not keep it in my pocket; I have no power.

Cross-examined by MR. METCALFE. Q. Is Hughes's shop a little distance from the butcher's? A. Just across the road, a very little slanting—there were a good many people in the butcher's; it was Saturday night, at 7 or 8 o'clock—she was at the side of me; that was the reason that I accused her—she followed close behind me from Mr. Hughes's—I was ten minutes in the butcher's shop, during which time people came in and out, but they had not to pass where I stood—I saw Rebecca Cooper directly I went out, and I saw the prisoner then; I could see her all the time—nobody would help me—I asked Mr. Bland, but he said that he could not leave his business—the money was four half crowns, six shillings, two sixpences, and a farthing—the prisoner heard what I said to Mr. Bland, and ran out directly—I charged her with robbing me before she ran.

REBECCA COOPER . I am the wife of William Cooper, of Queen-street, Woolwich. I was standing outside Mr. Hughes's door, waiting for my laughter, and saw the prisoner come across the road in a hurried manner, as if she had been doing something wrong—she did not run, but she hurried—she went to the middle of Mr. Hughes's shop, with a shawl over her arm—Mrs. Wane came in, and said, "You have robbed me of all my money, 17s. and a farthing"—the prisoner said nothing—I said, "Hold her fast; do not let her go"—she turned round and said, "I am not afraid; I can stand to my tack"—I afterwards saw her in custody.

Cross-examined. Q. When she was first charged, did not she say, "Go along with you, I have not robbed you"? A. Yes—it is a very busy place, like a market place.

WILLIAM WILKINSON . (policeman, R 237). On Saturday evening, 11th Oct., the prisoner was given into my custody by Mrs. Wane—she denied the charge—I asked her to produce her pocket, and found in it 6 1/2 d. in copper, and a yellow return ticket to London from Woolwich, of that date, Oct. 11th—she was searched at the station, and nothing was found upon her—I asked her what she came to Woolwich for—she said, "To see a friend"—I asked her if she could find him—she said that she did not know where—I asked where he worked—she said, "At some stonemason's yard"—she did not give his name—Woolwich is much more crowded than London streets on Saturday nights—she gave her address in Leman-court, Leman-street, Whitechapel—I went there, and she had lived there last May.

JURY. to REBECCA COOPER. Q. How long elapsed from the time of its being taken and the prisoner being given in charge? A. It was more than ten minutes before we could get a policeman—we held her all the time.

NOT GUILTY .

Reference Number: t18561027-1063

1063. DAVID HARPLEY and WILLIAM MAUGHAN (marines), burglariously breaking and entering the dwelling house of Matthew Marks, at Woolwich, and stealing therein 60 yards of lace, 1 pair of epaulettes, and other articles, value 15l.; his goods.—2nd COUNT, feloniously receiving the same.

MR. O'CONNELL. conducted the Prosecution.

CHARLES PENTON . I live at Sandy-hill, Plumstead. On Saturday, 1st Oct., I was going home from Woolwich theatre, between 12 o'clock and half past, and saw two marines in uniform, standing near Mr. Marks' premises, one tall and one short—the tall man was dark, I could see his face—they were looking towards the public house, not towards Marks'—they were about the height of the two prisoners, but I cannot swear to them.

JOHN MALONEY . I am a bombardier and collar maker in the Royal Artillery. On Wednesday morning, 15th Oct, about half past 6 o'clock, I passed by Mr. Marks' place, and saw the window half open, and a quantity of lace and a civilian's cloth cap on the cill outside—there was a hole cut in the double panel of the shutter, to admit the fingers of a man to ease the bolt—I put the cap on the area, pushed the lace in, and called Mr. Marks up—the lace seemed as if a person had dropped it or pulled it in coming out of the window—any man could have got in at the window, it was half open—a pane of glass was broken close to the catch, so that they could put their hand in and open the window, and get in.

PHILIP HART . I am a general dealer, of Artillery-place, Woolwich. On Wednesday morning, 15th Oct, about 11 o'clock, Harpley brought me a piece of new lace—I bought it of him for 8d., and he went away—about 2 o'clock both the prisoners came with some gold lace in a handkerchief—I asked them where it came from—they said, "Wait, and we will show you"—they gave me a push against the counter, and went away, one to the right and one to the left—I went after them, but could not catch them—I took the lace to the station house—my shop is 150 yards from Mr. Marks'—this is the lace (produced).

NATHAN MARKS . I am a general dealer, of Mount-street, Bull-fields, in the parish of Woolwich, it is my dwelling house. On Tuesday night, 14th Oct, I went to bed at 11 o'clock, the doors and windows were all fast—an artilleryman called me up next morning, about half past 6 o'clock, and I found the shutters hanging open, and the widow open, it was broken, and the catch turned back—I missed a great quantity of lace and a pair of epaulettes—I can hardly tell how much lace I missed, as I buy a great deal; and it was mostly in the window—sixty or seventy yards were gone, and perhaps more—I do not weigh it, because I buy it on officers' coats—I also missed an officer's sword and tassels, a concertina, a silver mounted flute, and a cap, but the cap was found—this (produced) is my lace—the value of what I last was 12l. or 15l.

JAMES HADRILL . I am sergeant major of the Royal Marines. Both the prisoners belong to my corps—on Tuesday night, 14th Oct, they were both out on leave—Maughan has been back since the depositions were taken, but Harpley has not—I saw them at the police court—Harpley was in uniform, Maughan was not.

JAMES WESTBROOK . (policeman, R 114). I apprehended Harpley in a house in Warner-lane, Woolwich—sergeant Newell was with me—we found him in a back room, with a female—I told him I wanted to take him to Artillery-place, to see whether he was the right man—he said, "I am willing to go with you, but I know I am not the man"—it was between 10 and 11 o'clock—he put his clothes on, and I said, You were at a Jew's shop in Artillery-place yesterday"—he said, "Oh! I know what lair you have got me on now"—he said that he was in Jack's canteen yesterday morning, and another marine gave him a piece of lace to sell for 8d., which he did, and that he went again with him, and he had something in a hand-kerchief, but he did not know what it was—on the 18th I saw Maughan at Charlton fair, and supposing him to be a deserter, I asked him if he did not belong to the Royal Marines—he said, "No," and that his name was William Jones—I told him I should take him on suspicion of being a deserter, and also of committing a robbery at Woolwich—he said that he was not the man—I looked at his shirt, saw the name of Maughan on it, and detained him—I found this large knite and purse on him (produced).

JOHN NEWELL . (police sergeant, R 59). I was with Wertbrook, and found Harpley in the room—we ascertained that he was staying with a female, who is the sister of the other prisoner—she said so to us—I found a knife over the fire place, and aaked him whether it was his—he said yes, and that he had found it the night before last (I afterwards fitted it to the putty of the glass)—I asked him in Maughan's presence if he was the man who gave Manghan the lace to sell—he said "Yes"—I asked him if he was the one who went to the selling the second time with him, and he said "Yes"—Maughan heard it, but said nothing—I examined the shutters; from the size of the hole I should say that it would take full an hour to cut—they would have to reach over the area steps to cut it—they could not stand upon the railings; they would be too high—they might have stood on the railings to break the glass by the catch.

JURY. to NATHAN MARKS. Q. Do you swear to the lace? A. Yes—you could not get a piece in any shop in Woolwich like this, which was sold for 8d.—it was in my window—nothing was taken from the glass case in my shop—the concertina, flute, and cap were all in the window, and they opened it and took them—this piece of lace is the collar of a sergeant of artillery—I know it well—it was hanging on the concertina—I can also swear to this copper lace—I have had it two years, and the rest twelve weeks—this other is not lace; it is used to go inside epaulettes, and I took it out.

Harpley. There was a set of beads taken from my neck, which the prosecutor swore to, add afterwards he said that they were not his. Witness. I never swore to them—I had such hanging in my window, and missed them; the string was broken—I believe these to be them (looking at them).

JOHN NEWELL , re-examined. Harpley was wearing these beads round his neck, under his clothes.

Harpley's Defence. The articles I sold were given to me.

HARPLEY— GUILTY . Aged 25.

MAUGHAN/— GUILTY . Aged 20.

On 2nd Count.— Confined Six Months.

Before Lord Chief Baron Pollock.

Reference Number: t18561027-1064

1064. MARTHA BRINFIELD , feloniously setting fire to the dwelling house of John Brinfield, with intent to injure Henry Alfred Collington.

MR. SERJEANT PARRY. and MR. SIMON. conducted the Prosecution.

CHARLOTTE MONDAY . I am a widow, and live at No. 3, Bennett's-gardens, Greenwich. On Saturday night, 20th Sept., about half-past 8 o'clock, I discovered the smell of fire—I searched my own premises to see if there was anything to account for it—I found nothing—I then went out—I returned about half-past 9 o'clock, and found the street all in confusion—I did not see anything of the fire.

HARRIET HODGES . I am married. I live at No. 1, Bennett-street, East Greenwich—the prisoner occupies the next door, No. 2—the house are separated by a passage—there is a loft over her house—the passage was kept locked, and I kept the key—it leads from the street to my back kitchen—no one could have access to the passage without my knowing it—about three weeks or a month before 20th Sept., the prisoner told me that she owed Mrs. Collington some rent, and she wanted to get her out; would I allow her to put a few things in the passage, in case Mrs. Collington should put any person in her house—I unlocked the door, and told her she could put in anything—I afterwards saw some things there, but did not examine them—the prisoner brought me the key again in the course of the day—I ascertained that the

door was properly locked—on the Saturday before the fire I had occasion to go through the passage—I locked the door then, and I am sure it was not unlocked again until the next Saturday, which was the day the fire occurred—I had possession of the key during the whole of that time—the prisoner's boy was assisting me on the Saturday in carrying out coals—he was with me the whole of that day—I saw the prisoner several times that day—I am not aware that there was any communication between her premises and the passage—about 9 o'clock that evening I heard the alarm of fire.

Cross-examined by MR. SLEIGH. Q. Is there a mode by which persons can get from the passage into the shop? A. If they had a ladder, or something that they could reach by—there is no trap-door—the passage is not finished; the wall has never been carried up—there is nothing to prevent any person getting from the ground up to the loft when once in the passage—I am not aware of any other way of getting to the loft—I kept the key of the passage on the top of the clock in my room—it was there at the time of the fire.

CHARLES MOORE . I am a beer shop keeper, in Bennett-street, Green-wich. On Saturday, 20th Sept, about half past 9 o'clock, in consequence of what my little girl said, I went across the road to the prisoner's house—I went into the front parlour; there were three or four persons there—I said, "There is a fire here, let us have a light"—they had no candle, but they had a fire—by that time constable 74 came in—I said, "Get me a candle, and we will see where this fire is"—I got a candle and went up stairs into the front room—there was nothing at all in that room, with the exception of a few rags lying on the further side of the room, towards the front of the house—I said to the constable, "Here is no fire here"—I went across the room, and opened a cupboard door—I found two bricks had been removed from the bottom part of the cupboard, and I was the flames raging behind the wall that parts the bedroom from the loft—the removal of those bricks would enable a person to put rags, or anything, into the loft—I found some rags there—I had to cut the partition down and throw some pails of water through to stay the fire, and then I went into the loft where the fire was—I found something like half a bushel of rags and paper, and a butter firkin all burning together; that part which was towards the passage was not burned, but all round towards the hole was burned—part of the joists of the kitchen ceiling were burned—the flame was raging about two or three feet high when I first saw it; the joists were burning—a surveyor who has seen the house has given me orders to put in two new joists, on account of those being so burnt—if the fire had not been put out then, in my opinion it would have spread in less than ten minutes, and the whole row of houses would have been burnt down—amongst the rags there was some whitey brown paper, and some pieces of blue cotton shirting—I believe they corresponded with some of the rags found in the room—I know the situation of this loft; the only mode of reaching it from the prisoner's premises was by the hole that was cut through the brick wall of the cupboard—I saw the prisoner after the fire had been put out; I met her about twenty yards from the house—she said, "Mr. Moore, they tell me my house is on fire"—I said, "No, don't frighten yourself, it is not on fire, it is put out;" and she turned on her heel, and said, "Well, I will go and let them see if anybody is there;" and she went to the door—whether she attempted to knock at the door, or whether she forced it open, I cannot say, but she was falling to the ground, and policeman, No. 74, caught hold of her arm, and picked her up—I think she had been drinking a little.

Cross-examined. Q. Did you take the trouble to measure exactly where-abouts in the wall this hole was? A. No, I did not—I suppose it was a four inch wall—the hole was nearly on a level with the floor; it might be three inches and a half below the level of the cupboard—I did not take notice—a communication could have been made with the loft by knocking out one brick; the top brick was what we term a bat, that is, half a brick, or a three-quarter brick—there was about a half sieve basket among the rags, and a butter firkin; none of that was my property—I do not know whether any of it belonged to Mr. Hodges—the prisoner's three children were at this very time in the house, sitting by the fire in the front parlour—when I met the prisoner, and spoke to her about the fire, she said she would go and see who was there, or something to that effect—I do not think I mistook excitement for the effect of drink; I am quite certain of that.

MR. SERJEANT PARRY. Q. Were there other persons in the house besides the children? A. Yes; three or four persons were in the front room.

CHARLES FORWARD . (policeman, R 74). On the night of 20th Sept., I was at my own house, at Greenwich. I discovered the appearance of fire, and went into Mr. Brinfield's house, No. 2, Bennett-street, where it was raging—Mr. Moore went with me; we went up stairs together—about six or seven pails of water were used to extinguish the fire—I gave Mr. Moore two upstairs, which he threw on—a hammer was fetched, and while he was using it to make a hole, I threw on three or four more pails—I saw the bricks which had been displaced; it appeared to have been recently done—as I was going up the stairs I saw a crack in the lath and plaster wall, and through that crack I could see the fire burning distinctly—the hole in the cupboard was apparently made from the cupboard into the loft; the hole appeared to be made at the bottom of the cupboard; the bricks appeared to have been driven through into the place where the rags and paper was burning—my brother constable has the bricks, which he found afterwards and fitted—I saw some mortar in the loft, which appeared as if it had been forced through.

Cross-examined. Q. I believe this poor woman and her children were in a state of wretched poverty? A. They were, there was no furniture in the upstairs room.

JOHN TESTER . (policeman, R 89). I took the prisoner into custody on 20th Sept. Before doing so, I examined the hole in the wall—it was on a level with the floor of the cupboard—the first brick was placed on the floor, and the other over it—they were both above the level of the floor—in my judgment, the hole was made from the cupboard into the loft, by the way in which the bricks fitted the hole—there is a notch on the brick, showing that it was punched out from the cupboard side (producing the bricks)—I fitted the bricks so as to tell in what way they were placed—I took possession of some of the rags that were left unburnt, and produce them—among them is a piece of blue shirting—I also produce some rags which I found in the room—there is some blue shirting amongst that, which corresponds with that found in the loft—it was about 11 o'clock when I saw the prisoner—she was intoxicated.

Cross-examined. Q. Did you tell her that you took her into custody on suspicion of having set fire to her house? A. Yes—she denied it—she said, "My God, me set fire to my house, and my children in it!"—I picked up these two bricks—they had fallen from the hole down into the passage leading from the street to Mrs. Hodges's back kitchen—there was a large hole in the ceiling where some one had apparently broken through in Putting out the fire; the bricks were lying in the passage directly under the

hole, and the bricks were knocked from the cupboard on to the ceiling, and might have fallen from there, or been knocked off in putting the fire out—the fire was about seven or eight inches from the wall.

CHARLES MAYO TALMADGE . I reside at Greenwich, and am agent to the Globe Insurance Company. On the night of 20th Sept., in consequence of a communication made to me, I went to examine these premises—Mr. Moore showed me the cupboard—I took the candle, looked into it, and well examined the wall—I found that the bricks had evidently been removed very recently—we then went on to the stairs, and through the hole he had made into the loft—I took from there a portion of the remaining fragments of rags—a good portion of the paper and rags had been burnt, about one third of it—I produce what I found—there is a piece of striped shirting amongst it—it is a very common pattern at Greenwich—I afterwards went into the passage that divides the two houses—I there found some bricks lying down in the passage—any person putting their hand through the hole in the cupboard could throw the bricks below, or they might have fallen from the blow which thrust them out.

Cross-examined. Q. The prisoner is not insured? A. No—I do not know whether Hodges is.

SARAH WILSON . I am married, and live at No. 6, Bennet-street, Wool-wich. I know the prisoner—I saw her on the Saturday, the day of the fire, several times—between 3 and 4 o'clock I picked up a pewter pot in front of her house, and took it over to a beer shop opposite Mr. Moore's—she said that the b——old b——had been after the rent, and she would see her in flames before she would pay it, for anybody that paid rent was fools; for six months and a fortnight she could keep her house, and then she would set fire to the b——building, and if the old b——came by, she would take and throw her b——carcase into the flames—she was perfectly comfortable when she said this—I mean she was not intoxicated—I do not think she had been drinking—about a month or six weeks before that she said the old b—had been after the rent, and she would not pay any, she would see her at—first—she had better put the money on the clothes—her husband had taken a house, and she had refused the key, she was not going to be such a b——fool as to take another house until she had done her work—we had not been drinking together on the day in question—we were on friendly terms, so far as neighbours, only good morning and good night, never holding any conversation, only when she thrust her conversation in like that.

Cross-examined. Q. You were not always on very friendly terms? A. I do not know of anything to the contrary—I never had an angry word with her—I know Mr. Mayberry by sight—I never had a quarrel with the prisoner (Mayberry was here called in)—I never said that I would do anything I could to spite and injure the prisoner—I never said that to Mayberry at the police court—Miss Moore was in and out from the yard to the bar while the prisoner was saying this to me—she did not hear what passed.

ISABELLA COLLLNGTON . The house in question belongs to my son, Henry Alfred Collington. The prisoner has paid two weeks' rent, and she owes twenty-four next Monday—I have applied to her for rent two or three times every week—I had not applied to her on 2nd Sept.—I had the Saturday before.

NOT GUILTY .

SURREY CASES.

Before Mr. Common Serjeant.

Reference Number: t18561027-1065

1065. EDWARD VENICE and CATHERINE MOREAN were indicted for unlawfully having counterfeit coin in their possession, to which

VENICE PLEADED GUILTY . * Aged 22.— Confined Twelve Months.

MOREAN PLEADED GUILTY . Aged 19.— Confined Nine Months.

Reference Number: t18561027-1066

1066. ANN SULLIVAN was indicted for unlawfully uttering counterfeit coin.

MR. W. J. PAYNE. conducted the Prosecution.

EMILY ADDYLEZAR SAUNDERS . I am barmaid at a tavern in Union-street, Southwark. On 15th Sept. the prisoner came there about half past 3 o'clock for a pint of porter—she gave me a shilling—I kept it in my hand, bent it, and said it was bad—she said, "I got it from a lady at Blackheath"—she wanted it back, but I would not give it to her—she went away, and did not pay for the beer—I laid the shilling on a back shelf, under a wine glass—I afterwards gave it to David Morris.

Prisoner. Q. Did you not give it to a lady at the bottom of the counter? A. No, I never moved—I did not lose sight of it.

Prisoner. It was a King William shilling; she gave me the change before she said it was bad.

HENRY LEESON . I am barman at the Henry the Eighth, in Union-street. On 15th Sept. the prisoner came about a quarter before 4 o'clock—she asked for a pint of porter—she paid me a bad shilling—I told her it was bad, and bent it on the counter—she said she did not know it was bad, it was all the money she had about her, and she got it in Blackfriars-road—I gave her into custody, and gave the shilling to Morris.

MARY ANN MORRIS . I am the widow of David Morris (policeman, M 49)—he died 15th Oct.—this is his writing to this deposition.

HENRY LEESON . re-examined. I heard Morris examined before the Magistrate—his deposition was taken in the room, and read before the Magistrate—he said that it was true, in the prisoner's presence, and she was asked if she had any question to put to him—she said, "No."

The deposition was here read as follows: "David Morris saith, I am a police constable, M 49—I took the prisoner into custody at the Henry the Eighth, in Union-street—I received this counterfeit shilling at the time—I also received from the first witness a counterfeit shilling which I also produce."

MARY ANN MORRIS . re-examined. My husband brought home two shillings wrapped in paper, and gave them to me to take care of—after his death I gave them to his brother to take to the station.

ROBERT MORRIS . Mary Ann Morris gave me two shillings in a paper—I took them to the police station, and gave them to sergeant Davis.

WILLIAM DAVIS . (police sergeant, M 15). I received these two shilling from the last witness.

HENRY LEESON . re-examined. This is the shilling I took from the prisoner—I marked it at the station, and know it again.

EMILY ADDYLEZAR SAUNDERS . re-examined. This is the shilling I took of her—I marked it at the station.

WILLIAM WEBSTER . I am inspector of coin to the Royal Mint—these are both bad.

Prisoner's Defence. She took the shilling to the bottom of the counter;

she came back and took the change out of my hand; I told the lady where I took it, and told the Magistrate the same; I am sure that that shilling was not the shilling I gave her.

GUILTY . Aged 28.— Confined Nine Months.

Before Mr. Recorder.

Reference Number: t18561027-1067

1067. CHARLES CHAMBERS , feloniously cutting and wounding Matthew Jones on his head, with intent to kill and murder him.—2nd COUNT, to do him grievous bodily harm.

MR. ROBINSON. conducted the Prosecution.

WILLIAM CHURCH . I am taskmaster at the workhouse of St. Mary, Lambeth. I know the prisoner perfectly well—he has been in and out of the house during the time I have been there, about nine months—on the morning of 27th Sept. I went to the place where the prisoner slept about half past 5 o'clock—he was in bed—I told him to get up—he said he should not get up then—I visited him again about half an hour afterwards—I again found him in bed, and told him to get up—he said he would see me b—first—I visited him a third time, about 8 o'clock, I think—he still persisted that he would not get up, and made use of bad language—I told him I should call the attention of the master to it, which I did—Mr. Jones, the assistant master, and myself then went to him, and we pulled the clothes off him—with that he got on to the ground with his feet—he was sitting, and he rose up and struck Mr. Jones on the chest with his foot—he made use of bad language and swearing—I do not recollect what—he ordered Mr. Jones out of the room—Mr. Jones refused to go, and he said, "You b——, if you don't go, I have got something here will make you"—with that he went to a bed in the further end of the room, and drew from under the bed this bar of iron, and he came back, and gave a slashing cut with it towards Mr. Jones's head—it was a violent blow, and I saw the blood flow immediately afterwards—Mr. Jones did not strike him from first to last, but after he struck, Mr. Jones closed in with him, and I took the bar from him—this is a protection bar of the window guard—I had seen it in its proper place about 7 o'clock the evening before—it was attached to the window—it had been fastened with screws, and it had been unscrewed—this is only half the bar—the other half was under the bed—when I saw it the evening before, it was one long bar attached to the window—I cannot say that I had ever heard the prisoner use any threats towards Mr. Jones—he was a man that used very violent language—he was placed in that ward by order of the guardians, the night before, for his misconduct—it is not a worse ward than the others, only they do more labour in it—it is a ward for casual paupers—the whole of the inmates of the workhouse got up at half past 5 o'clock at that time—Mr. Jones did not strike the prisoner from first to last—till he had been struck by the bar, he did not lay hand on him—I did not touch him till I took the iron out of his hand—neither Mr. Jones nor I had any bludgeon or staff, or anything in our hands—neither of us threatened to strike him.

MATTHEW JONES . I am assistant master of Lambeth workhouse. On 27th Sept., my attention was called to the prisoner by Mr. Church—I went at about a quarter before 9 o'clock, and found him in bed—I told him to get up and go to his work the same as the other inmates—we had then about 940 in the house—he said, "I will see you b——first"—we caught hold of the clothes, and took them off him—directly he was out of bed he made a blow at my neck—I kept him off—he struck me with his foot, and

said, "Go out of the ward"—I declined going out, and he stepped back from the bed he was on, about two or three paces, and said, "I have got something here for you"—he stepped back to another bed, and said, "You b——, I have got something here for you"—he took this iron from under the bed, and came up to me with full force with the iron—I parried it off as well as I could, but it just caught my forehead—he struck me a violent blow—I caught some of it on my arm—the cut was just over my eye; the blood came all down about the room—I was attended by the surgeon—I was confined a fortnight, or close upon it—I was not fit for duty for some time—I did not strike him at all—I pushed him off when he struck me—I did not strike him, to call striking—I pushed him away when he struck me in the face—I warded off the blow—after he struck me I closed with him, and Church took the iron out of his hand—I had him secured—he was given into custody, and taken before a magistrate the same day.

Prisoner. You came to me at half-past 9 o'clock, and pulled me out of bed by the leg, and struck me with your fist Witness. I did not strike you a blow at all; I never touched you, only the clothes.

COURT. Q. How long has he been in the workhouse? A. I have known him to be there, on and off, for three years—he was not there for sickness—he is an able bodied man, but we are obliged to take persons who are willing to come into the house.

HENRY MEAKIN . (policeman, L 143). I was called into the workhouse between 8 and 9 o'clock, on 27th Sept., and the prisoner was given into my custody—going to the station, he told me that Mr. Jones asked him to fight, and he struck him across the forehead, over the eye—he afterwards said, Mr. Jones had struck him before he struck Mr. Jones.

Prisoner. Did I say I struck him with the iron? Witness. No; you said you struck him across the forehead.

HENRY ST. JOHN BULLEN . I live in Kennington-place, and am surgeon of Lambeth workhouse. I was called in to see Mr. Jones—before that my assistant had placed some slight dressing on his head, which I removed—I found a small wound on his head, about half an inch in length—I considered it an incised wound—there was slight contusion round the edges—it extended to the bone—it was just over the left temple against the eye—I have continued to attend him ever since—he did favourably, so far as the wound was considered, but his nervous system received a severe shock.

COURT. Q. It was not a wound, I suppose, necessarily dangerous unless erysipelas had come on? A. Unless inflammatory symptoms had come on, or erysipelas, there was no danger—I attributed the nervous shock to proceed from the affection of the brain, in consequence of the blow.

Prisoners Defence. I did not strike him with the bar; he tucked up his things, and challenged me to fight; I took up the bar in my own defence; about half-past 10 o'clock at night the master ordered me to the casual ward on bread and water; that morning the taskmaster came and told me to get up; I said I was not able; he called Mr. Jones, and he came and struck me under the mouth; I said, "If you strike me again, I will hit you"—I told him to get out, and he would not; I was removed from one ward to another; I was brought up as a witness against Mr. Jones before the Commissioners, and I have been put upon ever since; he said he should like to give me four years; I knocked, the master's head against the iron bedstead; he had kept me forty-eight hours without food.

COURT. to MR. JONES. Q. Are there any iron bedsteads there? A. They are all iron bedsteads—I was not knocked against a bedstead—there was

an inquiry, but he was not a witness against me—there was a complaint against an officer of the house, but I was not there—I was complimented for doing my duty.

JUBY. Q. Did you keep the prisoner forty-eight hours without food? A. No; we did not; we were obliged to put him in that ward because he wag a very bad character; we did not know what to do with him.

COURT. to MR. BULLEN. Q. Was the prisoner unable to work? A. Not at that time—he fractured his collar bone about three months ago, but he was able to work at that time, at the work he was put to, which was picking oakum—he was released from hard labour by my direction.

GUILTY. * on Second Count. Aged 22.— Four Years Penal Servitude

Reference Number: t18561027-1068

1068. JOSEPH SMALL . feloniously uttering two 5l. notes, with intent to defraud.

MESSRS GIFFARD. and BAILEY. conducted the Prosecution.

EMILY PALMER . I live with my uncle, a dairyman, at Camberwell, the prisoner is a tenant of my uncle's. On Wednesday, 1st Oct., lie came and asked me if I would take 12s. for two weeks' rent, and give him the change for a 5l. note—I took the note, and I noticed two names on it—this is the note—here is the name of Thomas Taylor on it—I asked the prisoner to write his name, and he did so—I took 12s., and gave him 4l. 8s.—I passed the note away in the course of business, and it was returned as forged—on Saturday, 4th Oct., the prisoner came again about half-past 9 o'clock—he had a note in his hand, and he asked me if I would give him change for it—I took it, and looked at it—I said, "It appears to be a good one"—he said, "I hope it is, I had it from my father in the country—I returned it to him, and said that I had not enough change—he asked me if I would send over to the Waterloo Arms to get it changed for him, as he was a stranger there, and the people did not like changing a note for him—I said, "I should think any of the houses you are in the habit of using would change it for you"—he then asked me if I would give him 4l., and give his wife the remainder on Monday morning—I told him I could not do it—I did not send him for change on that or any other day.

Cross-examined by MR. METTCALFE. Q. You hare collected the prisoner's nut for some time for your uncle? A. Yes; the prisoner has been living there about two years—not a quarter of a mile from us—I knew him well, and he knew me—I did not see him very often—I received the rent from his wife generally—it is a private house where I live.

JANE LEWTY , jun. My father keeps the Waterloo Arms, at Gamberwell On Saturday afternoon, 4th Oct., the prisoner came—I was standing at the bar—he said, "Can you give me change for a 5l. note, for Miss Palmer; I wish to pay her some money, and she has only change sufficient to pay the men"—I took the note to my mother, in the bar parlour—she gave it me back, and told me to give change for it—I gave the prisoner four sovereigns and 1l. worth of silver—I gave him a pen and ink, and told him to write his name on the note, and he did so—he asked if he should write his address—I said, "Yes, if you please"—he did so—this is the note—in the course of the next week it was returned as forged.

Cross-examined. Q. In consequence of this address you went to him and found him? A. Yes; my brother found the note was forged, and the prisoner came to our house on the Sunday.

JANE LEWTY . I am the mother of the last witness. I received a 5l. note from her oh that Saturday—I took it upstairs—I brought it back, and gave it to her.

BENNETT LEWTT . I am the son of the last witness. On Sunday, 12th Oct., in consequence of the note being returned, I went to the address on the note, to No. 11, Acorn-street, between 7 and 8 o'clock in the evening—the prisoner was in bed—I stood outside for a minute or two, and the prisoner came out—I asked him to walk to our house with me—he had no jacket or boots on—he went back and put them on, and came out with them—he came to our bar parlour—the note laid on the table in such a position that he could see it—I told him that the note that my sister had changed for him had come back from the bankers, and they believed it was forged—he said, "Is it? I was not aware of it; I suppose I must get you the money"—I asked him where he got it from—he said, "I don't think I am bound to tell you"—I told him he had better, or it would be a very bad job for us both, and cause a great deal of trouble—he said, "I will tell you then; I found two of them in a brass-bound ports monnaie, in the Borough, and I gave the other to my landlord"—I said, "Did you?"—I then said I would go to the Bank in the morning, and if it was a forgery I would come down to his house—he said, "Very well"—I went to his home the next day, about half-past 2 o'clock—I had then been to the Bank, and found the note was forged—when I got to the house the door was shut—I did not see the prisoner—I saw the lodger—I believe the prisoner has a wife; I did not see her—I went to the Peckham police station, and gave information to sergeant Bond—on Thursday, 16th Oct, I went with sergeant Bond to No. 9, York-terrace, Peckham, and found the prisoner there with two children.

Cross-examined. Q. In what part of Camberwell is Acorn-street? A. About a quarter of a mile from, the Green—the prisoner did not tell me that he picked them up on 19th Sept.—he said that he waited for some time to see if they would be advertised for, and that he took them to some tradesman, whose name he mentioned, to see if they were good—I cannot recollect that he told me that there was a shilling and a sixpence in the porte monnaie besides the notes—when I went to his house, I did not tell him what I wanted him for, till he came to our bar parlour, and he walked in with me, and looked at the note—he did not say that he must go in the country to get the money—he said he would try and get it—he said afterwards that he had been to a friend of his in the country to try to get it.

Q. Did he and his wife both tell you that they had been trying to raise the 5l. and if you had not given them into custody at that time, they should have raised the money? A. I have no recollection of his saying that—he told me that he had been to a friend, who had promised to advance it for him, and he should have raised it if I had not taken him—he said that he had been in the country to his father.

JOHN BOND . (police sergeant, S 26). I went with the last witness to Acorn-street, on Monday, 13th Oct, I went there on several subsequent occasions—I did not find the prisoner on any occasion—on 16th, I went with Mr. Lewty to No. 9, York-terrace, and took the prisoner—I searched him at the station, but I found nothing on him—from Acorn-street to No. 9, York-terrace, is about a mile.

JOSEPH BUMSTEAD . I am an inspector of notes to the Bank of England. These are forgeries, and both from the same plate.

Cross-examined. Q. Are they very good imitations? A. Yes, they are such as might impose upon persons not acquainted with them.

COURT. to EMILY PALMER. Q. Did you receive the rents of this man? A. Yes, for the house in Acorn-street—he had not given any notice to quit there.

JOHN BOND . re-examined. When I found the prisoner at Peekham, he was at his brother's house—his furniture was still at Acorn-street—I had watched the house night and day, and had not seen him—I saw his wife on one occasion—he is a journeyman cooper.

NOT GUILTY .

Reference Number: t18561027-1069

1069. RICHARD GOWER was indicted for embezzlement.

MESSRS. BODKIN. and POLAND. conducted the Prosecution.

HENRY LINN . I am ticket collector in the employ of the South Eastern Railway Company, at Forest Hill, the prisoner was head ticket collector there. On 18th Aug., I collected the tickets at the half past 7 o'clock—Margate train—this is the book—I received from passengers who had no tickets 2l. 2s. 6d.—on the following morning, I paid that to the prisoner, and he signed the book, "Received, Richard Gower"—I saw him sign it.

WILLIAM AKERS LORD . I am a collector of tickets at Forest Hill, in the employ of the South Eastern Railway Company. On 18th Aug., I collected the tickets for the half past 7 o'clock Margate train—I received 2l. 7s. from passengers who had no tickets—on the following morning I handed that to the prisoner—it is entered here in my book, and he signed it, "Richard Cower"—"No tickets, 2l."—"No tickets, 7s."—I handed these together—I have the excess book here—it is the duty of the prisoner to enter the sums he receives from the ticket collectors into this book—in the entry of 18th Aug., these two sums are entered—I entered them myself that day, by the prisoner's directions—the entry is "No tickets, Margate, 2l. 7s."—I find here an entry of 2l. 17s. 6d.—that includes the 2l. 2s. 6d., received from Linn—I copied it by his directions from Linn's book—the total amount that day is 10l. 5s. 7d., including those two sums—this book is kept in counterfoil—the counterfoil is kept in the book—the other part is sent up to London—in this account of 18th Aug., I made the entry in the counterfoil—I showed it to the prisoner after it was made—when the duplicate is made out, it is generally given to the prisoner, but if he had left, it was put under cover for him.

COURT. Q. How was it sent? A. It was forwarded by the train, under cover, directed to Mr. Gower, booking office, London Bridge—the duplicate I made out corresponded with the counterfoil.

Cross-examined by MR. LILLEY. Q. What was done with the counterfoil on 18th Aug.? A. It is here in the book—the duplicate, to the best of my belief, was given to the prisoner, but if he were gone, it was sent to him—I do not remember—my attention was called to this matter on the day the prisoner was given into custody—about 17th or 18th Sept, I copied these in the book by desire of the prisoner—this is the company's book, as well as these smaller books—I do not know how long the prisoner has been in the employ of the company—I have been in the service five years—he was in the service when I came.

COURT. Q. Is it his duty to make these entries? A. Yes, but I have often done it by his direction—I believe he used to look at it—I cannot say whether he looked at it on this particular night.

FREDERICK CHATWIN . I am ticket collector of the South Eastern Railway, at Forest Hill. On 22nd Aug., I received 4s. and 15s. for passengers by the Reigate train, from persons who had not tickets—I paid that sum to the prisoner on the following morning—I have the book here—these sums are entered in the book—the prisoner signed it when I handed him the money—in the excess book of the next day I made out this account, under the direction of the prisoner—in this counterfoil here is this 4s.1

entered by the 9 o'clock Reigate train, persons with no tickets—the gross amount is 3l. 4s. 6d., that is the amount of the whole day, in addition to writing the counterfoil—I made out the duplicate account, which was sent to London—the duplicate corresponded with the counterfoil exactly—when I made the duplicate, I gave it to the prisoner—I remember that day.

Cross-examined. Q. How often do you copy the account in this book! A. About once a week—some weeks twice—it depended on whether Lord was there or not—when Lord was not there, I did it—this book was intended as a check for the whole—I copied the duplicate and counterfoil of 22nd Aug.—I have a distinct recollection of handing the sheet over to the prisoner—I never sent any, I always handed them to the prisoner—I know I handed it to him that day—he was on the platform—he lives in Tooley-street—he came down by the quarter past 9 o'clock train in the morning—it was in the evening I handed him this account.

MR. BODKIN. Q. What you entered was from the small books into this? A. Yes, and it has the prisoner's signature.

DONALD MUNRO . I am a clerk in the employ of the Brighton Railway Company. This account (Looking at it) is my writing—it is for 2l. 5s. 6d., it is the account of Friday, 22nd Aug.—I wrote it out by the wish of Mr. Gower—he came into the office one morning with his right hand tied up—he said he had got his thumb smashed, and would we be kind enough to write a few lines for him—another clerk and I were in the office—I said, "Certainly," and I wrote this from a slip of paper which he produced—he took the slip of paper away with him—I copied this from the paper and from his dictation, both—he held the piece of paper in his hand and read it out to me—the paper was about the same size as one of these duplicates—I did not observe whether there was any printing on the paper he read it from—the account I wrote was written on a regular form, an excess form—the prisoner gave me that form to write it on—in the account I made out I do not see anything like 4s. for tickets for Reigate—what I made out was 2l. 5s. 6d.—his right hand was tied up with a handkerchief round it.

Cross-examined. Q. The prisoner produced what you call an excess form, and you wrote on it? A. Yes—he handed it to me—I did not see the paper from which I copied it—he held it in his hand—I might have looked at it—I cannot tell where the excess papers are deposited—I believed his thumb was injured.

CHRISTOPHER EDWARD COCKERTON . I am station clerk at the London Bridge terminus. I should say the prisoner has been in the employ of the company from ten to twelve years—he has been head ticket collector for four or five years past—of late the up trains stop at Forest Hill, and the tickets are taken there—the prisoner had the superintendence of that station—it was his duty, at the close of the day, to fill up a form, and half was forwarded to the London station—that ought to contain all the money received—this counterfoil of 18th Aug. did not come to me—this duplicate came to me as the duplicate of the excess book of 18th Aug.—the duplicates have come to me from Forest Hill by casual persons, in an envelope, generally—the prisoner did not bring them at all himself, they came by the train—by the paper that came on 18th Aug., the amount represented as received is 3l. 0s. 8d.—in the counterfoil of that date, under the head of Margate, here appears 2l. 17s. 6d. and 2l. 7s.—the account of them has not been rendered to me—in the counterfoil of 22nd Aug., the amount is 3l. 4s. 6d., and what was sent up to me was 2l. 5s. 6d.—it reached me in the same way in course of business.

COURT. Q. The amount of the counterfoil of 22nd Aug. is 3l. 4s. 6d., and the paper you received 2l. 5s. 6d.? A. Yes—I am not quite certain when it was discovered that this variance existed—it was about 2nd or 3rd Sept—after this alleged fraud had been discovered, Mr. White, an accountant, came to me, and the prisoner was with him—Mr. White asked him what was the amount which had been rendered by him to the company—it was then found that the counterfoils and the accounts did not agree.

Cross-examined. Q. Are you sure as to the time that the prisoner has been in the service of the company, is it not as long as thirteen years? A. I have been there twelve years—I think he was there when I came—during the last three months I have occasionally received gross sums on account—on 18th Aug. I did not receive a sum from him—he left it with another person—on 22nd Aug. I received 15l., and there was still a small balance left in his hands—I know that he received the money in small sums from the ticket collectors—the excess forms are always sent up in an envelope—I find them in the letter box, or they are brought in by some of the guards—I have known him some years—I always thought him an honest man.

MR. BODKIN. Q. Was that 15l. on account of moneys he had received? A. Yes—I had no open account with him.

DAVID WHITE . I am an accountant in the employ of the Railway Company. I was sent down to Forest Hill station—I saw the prisoner there—I asked him to give me an account of the discrepancies there were between the counterfoils and the money paid—he said he did not understand it—I showed him the duplicates—he gave me no explanation—he came up to London with me—I took him, first of all, to the booking office, to see Mr. Cockerton, and after that to the general manager's office—the matter was then stated in presence of the prisoner—he was again asked for an explanation—we could get nothing more out of him.

Cross-examined. Q. What was the answer he gave? A. "I do not understand you"—I asked him for an explanation—he replied, "I do not understand it"—I pointed out to him the difference between the counterfoil and the returns, and that was what he said at both offices—he came readily with me, and brought the books with him—I went down on a special mission.

MR. BODKIN. Q. Did you show him this document of 18th Aug? A. That was the one I called his attention to—the difference between that and the counterfoil—I asked him whose writing the duplicate was, he said he did not know—he did not say that was not the return he made.

HENRY DUFF . (policeman, M 219). On 3rd Sept, I took the prisoner into custody—I told him he was charged with embezzling 2l. 17s. 6d., on 18th Aug.—he made no reply to the charge—when at the station he gave me 15l. in gold—one gold coin, 2l. 0s. 10d. in silver, and 1s. 2 1/2 d. in copper—while I was counting it, he said, "I dare say you think it strange that I have got so much money in my pocket, but some of that money belongs to the South Eastern Railway Company," mentioning the name of some person which I did not hear.

Cross-examined. Q. Where did you take him? A. At the London Bridge station, I think in one of the directors' offices—he did not say he wanted to pay this money over—he did not say he was ready to pay it over—he said, "I dare say you think it strange that I have got so much money, but some of it belongs to the South Eastern Railway."

(The prisoner received a good character.)

GUILTY .— Four Years Penal Servitude.

(The whole amount of the prisoner's embezzlement was stated to be about 200l.)

Reference Number: t18561027-1070

1070. HENRY JACKSON , feloniously breaking and entering the dwelling house of Simon Cassimir, and stealing 11 coats; his goods. (See page 750).

MR. RIBTON. conducted the Prosecution.

SIMON CASSIMIR . (by an interpreter). I live at No. 24, Devonshire-place, Kennington-lane—I have lived there for the last fifteen years—on a day in Aug. I left my house in the morning—I had fastened the doors and left the house in good order—I returned about 1 o'clock, I found the house all in disorder—I had a deal of trouble to open the house door—two men were convicted here last sessions for this same offence.

ELIZABETH REASON . I am single. I live at No. 11, Devonshire-place, Kennington—the prosecutor lives at No. 24, on the same side of the way—on 11th Aug., between 9 and 10 o'clock, I saw the prisoner pass the house—I know he is the same man by the mark on his lip—some time after I saw three men standing by the prosecutor's door—that was a little after 11 o'clock—I saw two men enter the house, and the third man went to the bottom of the street—I am not able to say whether the prisoner was the third man—I went and gave information to the policeman that two men had gone into the house.

Cross-examined by MR. SLEIGH. Q. This was on 11th Aug.? A. Yes—I did not see the prisoner till Sept.—it is five weeks to day since I last saw him—I had not seen the man, whoever he was, before—I am able to swear that he is the man that passed my house, but I could not swear that he was one of the three—when I looked out again I saw three men loitering about the street, and I saw three men go to the door—I cannot tell what clothes the man had on that passed—I could not tell whether they were light or dark—I only know that he had a cap on his head—he had whiskers when he passed the house, and when he was at the police court he had not the whiskers—he had a scar on his right lip.

COURT. Q. When you next saw him he was in custody? A. Yes, he was shown to me with three other men, I picked him out.

ANN ROOKE . I am the wife of Michael Rooke. In Aug. I lived it No. 22, next door but one to the prosecutor—in the beginning of Aug. I was at my front window, and I saw three men loitering about—the first time I saw them was about 10 o'clock—I saw them again a little after 11 at the same place—the prisoner is one of the three men—I gave evidence last Aug. against two of the men, who were convicted—I am sure the prisoner was one of the three, I saw him, he went towards the street door—he went to the key hole and looked, and said, "All right, mate"—I was at that time at my window, which was open—I went down stairs—I had something in my hand—I went to the yard and then to the front door, and when I came to the front door I found the two men were in custody—that was about a quarter of an hour afterwards—they were the two men that I had seen with the prisoner—the prisoner was not there—I am quite sure the prisoner is the man—he had whiskers on that day, and there are no whiskers on him now—I saw him at the police court afterwards, he was with one other man, I picked him out of the two.

Cross-examined. Q. You had never seen this man before? A. No—I did not take particular notice of his clothes—I noticed his features—I do not remember what coloured clothes he had on, whether they were dark or light—the police constable came to me after the last trial, and asked if I could identify the third man—I said I could—he told me he had a man in custody—the prisoner was shown to me at the court in a room—I went in the room with the officer—the prisoner and another man were

standing together—the Other man was much about the same height as he is—the other man was a little taller—the other man had whiskers.

SARAH ANN FOX . On 11th Aug. I was passing down Devonshire place, Kennington—I saw three men standing at the door of No. 24, they were doing nothing, but they were in conversation—the prisoner was one—I can speak to him by the cut on his lip—I was weak and ill, and had occasion to rest myself—I stopped, and was looking at him for about five minutes—I was not three yards from him.

Cross-examined. Q. Did you go to identify the man? A. Yes; he was in the open court with five or six men—they were not policemen, but men that were in prison—I did not give a description of this man—I was not examined here at the last—I did not give a description of the man till I went to the police court—he had bushy whiskers, I was passing down the street, and stopped to rest—I was going with my husband's dinner—I had a baby in my arms—I cannot tell what kind of clothes the man had on—I did not take notice of the clothes—I looked at the prisoner's features—he had a lightish coat—I did not take notice of his trowsers—he had a cap on—I could not tell whether it was dark or light.

ANN ROOKE . re-examined. The right side of the prisoner's face was next to me when he was looking at the key hole—I did not observe the cut on his lip.

GUILTY . ** Aged 30.— Six Years Penal Servitude.

Before Mr. Common Serjeant.

Reference Number: t18561027-1071

1071. JOHN BREEM , burglariously breaking and entering the dwelling house of Joseph Willis, at Wandsworth, and stealing therein 1 shawl, 1 coat, 2 frocks, and other articles; value 2l. 8s.,: his property.

HENRY DENYER . (policeman, V 169). On, Saturday morning, 11th Oct, about a quarter past 1 o'clock, I was on duty in High-street, Wandsworth—I saw the prisoner coming in a direction from the prosecutor's house, about twenty yards from it, carrying a bundle—I asked him what he had got there—he said a bundle, which his b—gal gave him—I saw no girl about the place—I took him to the station—the bundle contained a coat, a shawl, thirteen napkins, two shaets, two frocks, and two pinafores.

Prisoner. Q. Did you see me before that? A. I saw you about 12 o'clock—you were then drunk—you were not drunk when I took you—I asked you where the girl was, and you said that you did not know.

JAMES WILLIS . I live in James-yard, High-street, Wandsworth. These articles are my property—I fastened up the house at half past 10 o'clock—I bolted the door—I got up next morning at about a quarter past 6 o'clock—I missed my coat, but thinking some of my family had moved it, I went to my employment—the window was closed, and the shutters pulled to, the same as I had left them—the articles had been left on the sofa in the front parlour—the centre bolt of the window was fastened over night, but there was no drop bolt, and it could be pulled open from outside—I opened the shutters in the morning—I did not observe that the middle bolt had been, pulled out.

Prisoner's Defence. I received 17s. that night, and got drinking with my mates, and got rather intoxicated; I met a friend with the bundle; she told me to lay hold of it for a few minutes, and she would not keep me long; I did not go five yards; the policeman came up, and asked me where I got them; I said, "From a gal "Where is she?" says he; "I do not know," say I, and he took me.

NOT GUILTY .

Reference Number: t18561027-1072

1072. HENRY HARRIS and THOMAS BECKETT , burglariously breaking and entering the dwelling house of Jane Harris, at St. Mary, Newington, and stealing therein 1 desk, 4 spoons, 1 violincello, and other articles, value 19l. 19s.; her property: to which

HARRIS PLEADED GUILTY . ** Aged 21.— Four Years Penal Servitude.

BECKETT PLEADED GUILTY . Aged 20.— Confined Twelve Months.

Reference Number: t18561027-1073

1073. WILLIAM JONES , stealing in the dwelling house of James Selby, at Lambeth, 1 watch, value 3l. his property, and afterwards burglariously breaking out of the said dwelling house: to which he

PLEADED GUILTY . Aged 52.— Confined Six Months.

Reference Number: t18561027-1074

1074. JANE WHITE , feloniously cutting and wounding Ann Felstead, with intent to do her some grievous bodily harm.

MR. DOYLE. conducted the Prosecution.

ANN FELSTEAD . I am a widow, and live at No. 95, Granby-street, Waterloo-road, the prisoner lives at No. 93, next door but one. On 22nd Oct, between 10 and 11 o'clock at night, I went out for a pint of half and half—as I passed her window she muttered something, I cannot say what—as I came back she struck me on the temple, and said, "Take that, you old cow, for going up against the people at No. 3"—(I had had to bind them over to keep the peace at No. 3, as they were always insulting me)—I was cut, and the blood flowed very much.

Cross-examined by MR. SLEIGH. Q. Have yotf ever been bound over to keep the peace yourself? A. No—it is not one of the most respectable localities—I have known the prisoner some time, she has lodged with me, and has had twelve months in prison—we never had quarrels—I have never been taken to a police court on a charge of assaulting her—there was not a row in my house about a month or six weeks before this occurred, nor did the police come—I was obliged to go to the police court, because a person who frequented the prisoner's house came over to mine—there was a little bit of jealousy and she challenged her to fight—she would not do so, and she broke all my windows—I was in the street, and the prisoner reached out at the window—I did not lay hold of the cape of her dress and ask her who stole the clock, and spit in her face—Jonathan Adams is her landlord—the police sergeant refused to take the prisoner because he did not see the blow struck—he did not tell me I had no right to go and annoy the woman in her own room—I have kept the house seventeen or eighteen year's—it is a common house.

MARGARET GORDON . I am single, and live at No. 2, Granby-street. On the night of 2nd Oct. I saw the prosecutrix pass No. 93, where the prisoner lives, on her way to the public house—the prisoner was at the window, and said, "There goes that fat old cow; I will kill her"—she had some sharp instrument in her hand; I think it was a pair of scissors, or a penknife—as the prosecutrix returned she said, "You went against the people at No. 3, did you; take that, you old cow!"—she struck her with the instrument in her hand, and blood flowed immediately.

Cross-examined. Q. Did you see it? A. Yes, but I did not see the handle; I saw a bit of steel, with a very sharp point.

MARY ANN EDWARDS . I am single. I was standing talking to the last witness, and saw the prisoner with some sharp instrument in her hand, like a pair of scissors, knocking it on the window ledge, and threatening Mrs. Felstead—it shone—as Mrs. Felstead came back, the prisoner leant out out over

the window, and struck her—I saw something in her hand at that time, and afterwards too—Mrs. Felstead had done nothing to her, but she said, "Oh, my God, I am stabbed!"

MATTHEW FRENCH WAQSTAFF . I am surgeon to the polite force. Mrs. Felstead was brought to me on the following day by the police, by order of the Magistrate—I found a triangular puncture, but did not probe it, as it was healing—a pair of scissors or a penknife would be likely to do it.

Cross-examined. Q. Might it have been done if a triangular piece of a jug was thrown at her? A. If it was the same shape, but I think there would be more bruise—a penny piece would not do it.

GUILTY . ** Aged 27.—Recommended to mercy by the Prosecutries.

(Sergeant Hughes stated that the prisoner had been most of her time in prison for the last nine or ten years).— Confined Three Months.

Reference Number: t18561027-1075

1075. THOMAS BATTERSBY , feloniously forging and uttering a receipt for 5s.; also, a receipt for 8*.; with intent to defraud: to both which he

PLEADED GUILTY. Aged 32.—Recommended to mercy by the Prosecutor.

Confined Six Months.

Before Mr. Recorder.

Reference Number: t18561027-1076

1076. GEORGE JOHNSON, WILLIAM HOLLOWAY , and CHARLES HOPKINS , unlawfully obtaining 2s., the money of George Bolton, by false pretences.—2nd COUNT, Conspiring to defraud him of his roods.

MR. LILLEY. conducted the Prosecution.

HARRIETT BOLTON . I am the mother of George Bolton, who keeps the Victoria public house at Deptford. On Friday afternoon, 3rd Oct., the three prisoners came together, and the barmaid brought me a sovereign to change—(we have change constantly ready on Fridays)—I went into the bar parlour, got the change, put it on the counter, and said to Johnson, "There is your change"—it was four half crowns and two five shilling pieces—I am certain it was quite right—I turned to the barmaid, and said, "What is to be taken?"—she said, "A pint of ale"—Johnson then said, "My dear lady, you have given me half a crown short"—I said, "I am satisfied I gave you the full change; I gave you four half crowns"—he said, "You see heve is hut three"—I gave him 2s. 3d. in addition, and said, "There is the half crown, but you have done me out of half a crown"—they then wanted a pint of ale and some bread and cheese, but I said, "No, I will not serve you with anything more"—Holloway said to Johnson, "You owe me 5s. and Johnson said, "Now I have got change I will pay you"—I am sure they are the men—they were in the bar more than a quarter of an hour.

Cross-examined by MR. LEWIS. Q. Do you keep a good deal of silver in heaps? A. I had only two parcels of silver—two separate 10s. worths; five two shilling pieces, and four half crowns—there was nothing more there, and I had counted that not five minutes before—there had been 10l. worth of silver on the waiter that day—the heaps were very close together, but there were none then.

MR. LILLEY. Q. Did you count it as you laid it down? A. Yes, and it was right—it was my son's money—I did not believe that I had given him half a crown short, but I gave him the 2s. 3d. to get rid of him and have done with it; I thought that was best.

JOSEPH BENJAMIN LITHWORTH . I keep the China Hall public house, at Deptford. On 3rd Oct., between 1 and 2 o'clock, I saw the prisoners about thirty yards from my house together, about half a mile from the Victoria—Hopkins

left the others, and went into my house—he wanted to know whether I could not give him change for 1l. worth of silver—I did not give it to him; the silver was given back to him, and he disputed it being 1s. short—he thenjwent out and joined the other two; they went away together and I followed them to about eight houses—sometimes one of them went in, and sometimes another—after they had been into a baker's shop I went in and heard what had passed—they were given into custody about an hour afterwards at the Gibraltar public house, about a mile and a half from my house, three quarters of a mile from the Victoria—I had seen them go into Mr. Bolton's, and into Mr. Lambert's, a baker's.

Cross-examined. Q. Who gave them into custody? A. A person named Kiddey, for trying to do people out of money.

MR. LILLEY. Q. Who went into Mr. Holman's, the Plough? A. I saw Hopkins waiting outside while the other two went in.

JANE HOLMAN . I am the wife of Benjamin Holman, of the Plough tavern, Rotherhithe. On 3rd Oct., about 2 o'clock, Johnson and Hollowly came for 1 1/2 d. worth of bitters and a glass of 6d. ale—(MR. LEWIS. objected to this evidence, it being the subject of another indictment. The COURT. having consulted MR. JUSTICE ERLE, decided that the evidence was admissible, but within certain limits)—one of them, I did not see which, laid down a sovereign—I went into the bar parlour, and brought out four half crowm, nine shillings and two sixpences, put one of the sixpences into the till, and took 3d. out, which made their change right—I laid it down, and was in the act of turning away, when Johnson said, "This is not right, here is but 7s. 6d. here"—I sai