CENTRAL CRIMINAL COURT
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
SESSION I. TO SESSION VI
BUTTERWORTHS, 7, FLEET-STEEET,
Law Publishers to the Queen's Most Excellent Majesty.
LIST OF JURORS.
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On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, November 24th, 1856, and following Days.
Before the Right Hon. THOMAS QUESTED FINNIS, Lord Mayor of the City of London; Sir Edward Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Taylor Coleridge, Knt., one of the Justices of Her Majesty's Court of Queen's Bench: Sir William Henry Watson, Knt., one other of the Barons of Her Majesty's Court of Exchequer: John Humphery, Esq.; Thomas Farncomb, Esq.; Thomas Challis, Esq., M.P.; Sir Robert Walter Carden, Knt.; David Williams Wire, Esq.; William Cubitt, Esq., M.P.; Richard Hartley Kennedy, Esq.; William Anderson Rose, Esq.; Edward Eagleton, Esq.; William Lawrence, Esq.; and Warren Stormes Hale, Esq., Aldermen of the said City: Russell Gurney, Esq., Q.C., Common Serjeant of the said City; and Michael Prendergast, Esq., Q.C., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
JOHN JOSEPH MECHI, Esq.,
FREDERICK KEATS, Esq.,
ALEXANDER CROSLEY, Esq.,
JAMES ANDERTON, Esq.,
CENTRAL CRIMINAL COURT.
FINNIS, MAYOR. FIRST 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, November 24th, 1856.
PRESENT—The Right Hon. the LORD MAYOR; Sir ROBERT WALTER CARDEN, Knt., Ald.; Mr. Ald. WIRE; Mr. Ald. LAWRENCE; Mr. Ald. HALE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the First Jury.
(MR. SLEIGH, for the defendant, expressed his regret that he had been induced to send the letter in question, and tendered an apology for the course he had taken. MR. BODKIN, for the prosecution, expressed himself satisfied with the apology, and offered no evidence against the defendant.)
NOT GUILTY .
(The prosecutrix did not appear.)
NOT GUILTY .
MR. SLEIGH conducted the Prosecution.
JOHN BIGGS HOLDSWORTH . I reside at No. 5, Clement's-inn, Strand. I am connected with the newspaper press—Mrs. Arnett, the mother of the prisoner Arnett, was the person who ordinarily did the domestic duties of my chambers—she is the wife of the principal porter of the inn—I usually took my tea at chambers, about 7 o'clock—on 28th March, I was in chambers during the whole or greater part of the day—I dined at chambers that day—I saw Arnett during that afternoon—I told her I should not want the tea things laid, as I was going out—I went out at 9 o'clock tliat evening—I left in a pocket book a 20l. note, any a 10l. note, and a purse containing six or eight sovereigns, in a small drawer of a chest of drawers in
my bedroom; that drawer was locked—I had the key in my pocket, on a bunch—on my going out of the inn that evening, I saw Arnett standing at the door of her father's lodge—this (produced) is my 20l. note—I know the number of it—I returned to chambers between 12 and 1 o'clock, nearly 1 o'clock, I believe; as I came into the inn, an intimation was made to me as to a robbery at my chambers—I found both the outer and inner doors shut—on going into the sitting room, I found every thing as I had left it; the dinner things were still on the table, nothing appeared to have been disturbed—I then went into the bedroom, and found the drawer which I had left locked, standing open—there was no light in the room—I afterwards found a small mark on the lock, I believe it had been forced open—the 10l. note was still left in the pocket book, the 20l. note was gone—Mrs. Arnett, the prisoner's mother, had been absent from the inn for some time previously to the robbery, and she was still absent at that time—during her absence the domestic offices at my chambers were usually performed by a charwoman in her employment, and in the evening the prisoner Arnett usually came in—there were duplicate keys of my doors—I had one key for each door, and the others were kept at the lodge—I have seen Foreman at the inn; I do not think she had been there for about three months before this—when she was there, she was there in the capacity of a domestic servant to Arnett, the head porter.
Cross-examined by MR. M'OUBREY (for Foreman). Q. Is it not the custom to lock the outer door of the inn about 9 o'clock? A. At 10 o'clock, after that hour they unlock the gate to let you in; at 9 o'clock the gate is entirely open—there is a porter's lodge at the gate—the gate is in the custody of the principal porter—the porter and his family live in that lodge; there is always somebody there—when I went out of my chambers, I shut the doors, and they locked themselves with a spring lock—they could not be opened without a key, or force—there was no appearance of force, they appeared to have been opened with a key—I had not seen Foreman about the inn, or about the lodge, for several months—she used to come to my chambers in the evening, when she assisted Mrs. Arnett—I never lost anything during the time of her service.
Cross-examined by MR. SERJEANT PARRY (with MR. GIFFARD, for Arnett). Q. How long had Foreman been in the habit of coming to your chambers? A. I should think for eight or nine months, possibly more, morning and evening—she used to let herself in with the key from the porter's lodge—a person named Price was the charwoman that worked for me in the morning at this time—I do not know whether she is here—she has not been examined as a witness—I am certain that I have a perfectly accurate memory of the evening of 28th March—Foreman has been to my chambers since the discovery of the robbery; she was brought there—there was a lady residing at my chambers at this time—Foreman was brought to the chambers by a policeman; only once I believe—I do not know of her having come since—I have not seen her at any other time—she only came once—I have seen her in the street since she has been out on bail, nowhere else—I have not spoken to her—I have not seen her at the inn—Mrs. Arnett was not going to leave at this time—she did leave three weeks or a month after; we did not part on ill terms.
MR. SLEIGH. Q. You say a lady was residing at your chambers; where was she on the night of the robbery? A. She was out with me—she went out with me, and returned with me.
Bank of England. This note, No. 00094, Aug. 7th, 1855, was paid in on 23rd July last.
ISABELLA BAINES . I live at No. 18, Chandos-Street, Covent-garden; my mother keeps a baker's shop there. I know Foreman very well—on a Saturday, in the beginning of July, she came and paid a little bill, after which she asked me for change for a 20l. note—I had changed notes for her before, and said, "Put your father's name on it"—she said, "Yes," and I did so—I can see part of the word "Foreman" on this note, but it is punctured—I gave her the change—it was between 6 and 8 o'clock in the evening.
Cross-examined by MR. M'OUBREY. Q. Did she hesitate in giving her father's name? A. Not at all—I have known her for a considerable time—we always thought her a very trustworthy young woman.
MR. SLEIGH. Q. Had you ever seen Arnett in company with Foreman? A. Yes, once, or it may be twice; but I did not know her name.
WILLIAM THOMAS (police sergeant, E 17). In consequence of information, about the end of March last, I took measures to stop the payment of this 20l. note at the bank of England, and afterwards saw Foreman on her arrival from the country, having made a previous intimation to her family—I took her to Miss Baines, who said, in her hearing, "That is the person who changed the 20l. note"—Foreman said, "Miss Baines, I did not do it; I never saw a 20l. note"—I then took her to Mr. Holdsworth's chambers, told her that I was a policeman, and that she must consider herself in custody for stealing a 20l. note—she said that about April last, a young person named Betsy Arnett brought her a parcel, sealed up in five different places with black wax, containing a brooch given to her by a young French-man in the Temple-gardens, and asked her to mind it for her, as her mother would not let her wear it; and that about three weeks afterwards, as she was dressing for church one Sunday morning, she missed the parcel, and immediately communicated the loss to Miss Arnett, and when she came she appeared very much grieved at the loss, saying that it contained a 20l. note; that they afterwards went to a charwoman in Brydges-street, Covent-garden, where they mentioned the loss of the parcel—in consequence of that statement, I went to Arnett's parents, but did not see her—in a few days she returned to town, and I saw her, and asked her if she knew Foreman—she said that she did—I asked her if she ever gave her a parcel—she said that she had not—I asked her if she had ever been to a charwoman in Brydges-street—she said that she had—I asked her for what—she said to have her fortune told—I asked her if she had mentioned to the person in Brydges-street about the loss of the parcel—sue said that she had not—I asked her if she did not tell her what the parcel contained—she said that she did not—after taking Foreman into custody, I took her to the porter's lodge in Clement's-inn, and confronted her with Arnett—I stated to Arnett substantially that which Foreman had told me, and she said, "Oh! Emma, how can you say so?"—Foreman said, "You know, Betsy, you brought me a parcel"—I do not remember what Arnett said, but she denied it—Foreman said, "You know you went with me to Mrs. Dent's, and mentioned about the loss of the note"—Arnett said, "Oh! Emma, how can you say such a thing?"—she denied the statement altogether—I afterwards put myself in communication with Mrs. Dent—I was present at the police court when this charge was being inquired into before the Magistrate, and heard Mrs. Dent examined; Foreman was then present at the bar—I saw Alice Dent sign this deposition (produced)—I remember it, because she signed
once in the wrong place—when the prisoners were committed for trial, they were represented each by a professional gentleman, Mr. Humphreys was for one, and Mr. Atkinson for the other—on one of the earlier examinations, Arnett was not in custody; she was afterwards ordered into custody by the Magistrates—I believe Alice Dent was examined before Amett was ordered into custody—I heard the depositions read out in Court to the witnesses before they were signed; at that time both the prisoners were in custody on this charge, and had an opportunity of cross-examining Dent, and the other witnesses—Arnett gave her evidence before she was given in custody, and she was cross-examined afterwards—at that time her solicitor was present—(MR. SLEIGH proposed to put in the deposition of Alice Dent. MR. SERJEANT PARRY (with MR. GIFFARD) objected, on the ground that she was examined before Arnett was given in custody, and that Arnett, therefore, had not the opportunity of cross-examining her; and that, as it was not evidence against Arnett at the time it was given, she not then being in custody, it could not become evidence afterwards.)
COURT. Q. Was Arnett present at the time the first examination took place? A. She was present, but not in custody—it was her attorney who cross-examined, and afterwards, in the presence of both the prisoners, the deposition was read over, and she was asked whether it was true, and signed it—Arnett was in the witness box on the first occasion—the witness was sworn twice; once before she gave her evidence, and again when her deposition was read over to her, and she signed it—(The COURT considered that the deposition was evidence).
CATHERINE TROY . I live at No. 7, Brydges-street, Covent-garden. Alice Dent lodged with me during the present year, and until her death, which was to-morrow four weeks—she got her living as a charwoman—I saw her dead body—(The deposition was here read, as follows: "Alice Dent, on her oath, saith: I live at No. 7, Brydges-street, Covent-garden—I lived there in April last, and one day in that month the prisoner Foreman and the young girl Betsy Arnett came to my house; the prisoner Arnett is the same—she (Arnett) said that she had given Emma (meaning the other prisoner) a parcel to take care of; that the parcel contained a 20l. note, and a sovereign—she said that that parcel had been lost out of Emma's box—I asked her if she knew the number of the note, as she could then stop it at the bank—she said she did not, but that she dared say that the lady in France, to whom the note belonged, did; and she said that the lady in France had entrusted the note with her to take care of—I said that it was very strange that the lady had gone away without the note, and I said, 'Why do not you tell your father?'—she (Arnett) replied, Oh! dear, no, I would not let him know for the world; if he knew, I would leave my home, and never go there again'—I then told Emma to tell her father, and she said that she would—they then left, and I never saw them again till this day in this Court
Cross-examined. I never knew that any one called me a fortune teller—I have told fortunes to my friends by cups and cards—they asked me if I could tell them where the note was; they seemed to have a notion that I could tell them. Alice Dent.")
Cross-examined by MR. SERJEANT PARRY. Q. Where did she live? A. The last room she occupied was the two pair back, one room, and a small one like a cupboard—she paid 3s. a week—she lodged with me three years and six weeks—I know nothing about fortune telling—I never saw Foreman.
father's house that you first mentioned the matter to Foreman? A. Yes—I then told her to consider herself in custody, but did not take her into custody till about a week after—I then found her there.
Cross-examined by MR. SERJEANT PARRY. Q. When you first went to Mrs. Arnett's, did you make a great many inquiries, not only about her daughter, but about Foreman? A. I never inquired about her daughter—I made inquiries about Foreman—I ascertained that she had been in service some mouths, and the lady gave her a very good character—this was several days before she was in custody; I was making inquiries—I afterwards went to Mrs. Arnett's, and found that her daughter was in the country; she wrote to her to come up immediately, and she came—I had a conversation with Mr. and Mrs. Arnett before I brought Foreman there, and the girl answered all my questions by way of denial throughout—she knew that I was a policeman—I thought it in course of my duty to bring Foreman, and confront her with Arnett, and she, in the most natural manner, and without hesitation, denied everything, with the exception of going to the charwoman, which she said was to have her fortune told—she did not say that it was a long time ago—when she said, "Emma, how can you say so?" she said it reproachfully, and with vehemence—I did not take her to the police court; I told her father that she had better be there in the morning—she was examined at the police court, in Foreman's presence—she was regularly sworn—I do not believe her statement was taken down—I did not hear it read over to her—she was sworn in the witness box before she made the statement before Mr. Henry; Foreman made a statement first, and from that statement Arnett was called into the witness box and sworn—I do not think Mr. Burnaby, the clerk, and the Magistrate, then asked her questions—since she was out on bail I have seen her more than once; I saw her at the Sessions, and one morning, about a fortnight ago, she called at my house, and rang the bell—that was since the last Sessions—I believe she had not been at my house before; I am not aware of it—a great many people call, but I can safely say that she has only been once—I have not been in her company besides—I have never been with her to Mrs. Dent's, nor seen her there—I did not say to Arnett, "Did not you go to the fortune teller in Brydges-street?"—I said, "Did not you go to the charwoman in Brydges-street?"—on my oath, I have not called that unfortunate woman a fortune teller up to to-day—after examining the girl, I never had a private interview with Mr. and Mrs. Arnett—I only went once with Foreman to Mr. Holdsworth's chambers.
MR. M'OUBREY. Q. You were asked whether Arnett did not vehemently deny that she had ever given a parcel to Foreman; was that after Foreman had said, "Betsy, you left a parcel with me"? A. Yes—she did not hesitate in telling me that she had left a parcel—they were both equally firm and decided. (The prisoners received good characters.)
FOREMAN— GUILTY . Aged 19.
ARNETT— GUILTY . Aged 17.
Strongly recommended to mercy by the Jury.— Confined Three Months.
4. JOHN HAWTHORN and CHARLES LUSETTE were indicted for burglariously breaking and entering the dwelling house of Thomas Ballance and another, and stealing 77lbs. weight of silk, and other goods, value 320l.; their property.
MR. METCALFE conducted the Prosecution.
THOMAS FIELD . I am foreman to Messrs. Ballance and Co., silk manufacturers, of No. 37, Steward-street, Spitalfields. They have warehouses communicating with the dwelling house in which I live with my family—on
29th Sept., I shut up the warehouse and left it all safe, about half past 10 o'clock, when I went to bed—my son was out—about 4 o'clock I was aroused by my son ringing the bell; and at the same time I heard a rumbling, rattling noise, as though it was a rattling of tiles, at the back—it sounded as if it was in the yard adjoining—I went down and let my son in; I then unbarred the middle door, and looked into the yard, and there I saw three bags containing a quantity of silk and goods, the property of my employers, worth upwards of 300l. the bags were in the yard close by the window—those goods had been all safe the previous evening—I found that a panel of the shutters had been cut, and an entrance made through from the yard into the warehouse—there was no other door or window open—they had apparently gone in and out the same way—the place where the bags were lying, was about a yard or two from where I heard the tiles rattling; it is a very narrow yard altogether—a passage runs along there, leading up to the wall where the parties had come over; there was a rope ladder there—I have not seen the place where the prisoners were found, I know where it is—the rope ladder was placed against the warehouse staircase window, fixed round one of the iron bars—they could get from the yard on to the tiles by means of the rope ladder—there was no other way for them to get, but into the yard, where they were taken—the yard where they were taken is about ten yards from, our wall, where I found the bags—I told my son to call the police immediately.
Cross-examined by MR. RIBTON (for Hawthorn). Q. Is the warehouse in the rear of the private house? A. Yes; one warehouse faces into Steward-street, the other is a back warehouse—they are both on the ground floor, they lead into each other; the house next to the front warehouse is now empty—it was a Utrecht Company, for printing, or something; they have left about a fortnight—there is no communication between that house and the warehouse—the house on the other side is a bottle warehouse—my apartments are over the warehouse—the front entrance is by a street door, and there is a regular window which has shutters, which were barred inside—there is a room called a weavers' room; no one works there, it is a room where weavers wait to be served; the entrance to that room is in Duke-street; it is on one side of the yard, it is separated from the yard by a wooden partition, about ten feet high, covered in with glass at the top—on the other side of the yard is a narrow passage leading into the street, and right through both warehouses from back to front—that passage is divided by doors—the yard is about four yards long, and about a yard and a half wide the passage is separated from the yard by doors and windows; and then you could not get out into Duke-street without unbarring a heavy door—at the end of the yard is a kitchen; that does not lead in to the back ware-house—it was quite plain how the entrance had been effected, by the rope ladder; it could not have been effected by Duke-street, the doors were all secure; I examined them when I went to bed that night, and also when I came down at 4 o'clock, after the prisoners were taken, and I found all the doors safe—the bottle warehouse is at the comer of Artillery-street—the back premises of the Tower public house do not quite adjoin our back premises, they are contiguous—the noise of the tiles that I heard was on a shed at the back—they are all sheds and closets about there.
Cross-examined by MR. SLEIGH (for Lusette). Q. You know the yard where the prisoners were taken? A. Yes; that yard is at the rear of a house that is dwelt in by day, but not by night; it is No. 17—it is padlocked outside at night—I do not know whether it is a lodging house—there is
a lodging house, but whether it is No. 17 or 18, I do not know—I believe it is not a house of ill fame.
MR. METCALFE. Q. Is there any ground for supposing that this Utrecht Company committed the burglary? A. Oh dear, no!—they remained there for some time afterwards—I do not know whether the prisoners' attorney has been on our premises—I cannot say in what way the plan has been prepared, which has been in the hands of the prisoners' counsel.
RICHARD SLAUGHTER (policeman, A 411). About a quarter to 4 o'clock, I heard a call of "Police!" went to the prosecutor's premises, and found that an entrance had been effected through the back by cutting the shutter—I found a bag in the yard—I went round into Artillery-street, listened, and heard a noise at the back of No. 17—I sprang my rattle: City policeman 622, came up, knocked at the door, got admission, and got into the back yard, and on to a water closet—I assisted him to get up, another party assisted me up, and I saw the prisoners standing together in No. 18 yard—Lusette exclaimed, "Here we are, we will not resist"—No. 17 is at the back of the prosecutor's premises, and No. 18 is the adjoining yard—a rope ladder was extended from the first floor window, which I saw, and there would be no difficulty in a person getting by it to the yard in two minutes—Lusette said, "There are three more in the mess"—in the bag were two jemmies, a jack bit, a screwdriver, and a gimblet (produced)—No. 17 and No. 18 were both locked outside, front and back—there was a person inside who lived at No. 17, and a person partly dressed.
Cross-examined. Q. Did you knock at No. 17? A. Yes, a very short time before I was let in—a number of females live there—I saw a lodger outside No. 17—I cannot say whether he opened the door—I do not know who he was; I should know him again—the landlord was inside, partly dressed—No. 2, Duke-street is open all night—I do not think it is a brothel, or a lodging house; I do not know much of that neighbourhood—there is a sort of wash house, or yard—you can get into Messrs. Ballance's premises from there by getting through a skylight, and back the same way—No. 18 is a shop where they make sealing wax—I do not know whether the persons reside there—I do not think there was anybody there that night, because there was a padlock on the front door—the yard where I found the prisoners adjoins the Tower public house, separated from it by a wall twelve feet high—when I first went into Messrs. Ballance a back yard, the rope ladder was extended from the staircase window down into the yard—I do not think any persons who were in the yard could get into the wash house without using the rope ladder; they could stand on the top of the wash house, and tie the ladder to the staircase window, and with it's assistance could get in at the staircase window without going down into the yard—they made their entry on the ground floor—whoever made an entry made it from the yard—they had only to step off the rope ladder into the wash house—the water closet is the roof adjoining; you could get from one to the other—we found marks of violence from the skylight on to the tiles, which made us imagine that the entrance was effected by means of the empty house in Duke-street.
MR. SLEIGH. Q. When they said, "We will not resist," had you said something first? A. No, we did not see them—I did not say to my fellow officer, "We will search this yard," nor did I hear him say so.
MR. METCALFE. Q. Does the skylight open? A. Yes, from within, by pushing up—as far as I can judge, a person might have come through the empty house in Duke-street, and so on through the skylight—where they
made their escape there was a large hole broken through the lath and plaster of the wash house into No. 17 yard, and then we could see that somebody had been trying to scramble back into the wash house again—that was eight or nine yards from where I found them.
JAMES FISHER (City policeman, 972). I took Lusette to the station—when we got to Fore-street he tried to slip his coat off—I caught hold of him by the handkerchief, and he gave me a blow which cut my lip, and another which cut my eye; he threw his arms round me, and we both fell—I got my truncheon out, and struck him across the arms—he said, "I will go quietly now; you would do the same to escape if you could."
Cross-examined by MR. SLEIGH. Q. Did not he tell you that you were hurting him? A. No, he made no complaint—my knuckles were inside his cravat, but not before he tried to escape—he did not beg me to hold him by his collar.
EDWARD FIELD . I am the son of the foreman, I returned at 4 o'clock in the morning, and rang the bell—my father came, and I went to the police station, and saw the prisoner—while the charge was being given, I said, "It is rather unfortunate that I should come home, and ring the bell, and disturb you"—Lusette said, "It is very unfortunate, but it is very fortunate for you, though."
HAWTHORN— GUILTY . Aged 30.
LUSETTE— GUILTY .*† Aged 29.
Four Years Penal Servitude.
NEW COURT.—Monday, November 24th, 1856.
PRESENT—Mr. Ald. WIRE; Mr. Ald. LAWRENCE; Mr. Ald. HALE; and MICHAEL PRENDEKGAST, Esq.
Before Michael Prendergast, Esq., and the Fourth Jury.
PLEADED GUILTY . Aged 27.— Confined Six Months.
CHARLES BAKER (City policeman, 335). On 19th Nov. I was in Petti-coat-lane, about 8 o'clock in the evening—I saw the prisoner with this parcel—I asked him what he had—he said that was his business—he afterwards said he had some cards—I asked where he was going to take them—he said, to his master—I asked him where his master lived—he said that was his business—I looked at what he had, and found these cards of lace—I told him he must go to the station—I called assistance, and he was taken there—he was there asked where he had got them—he said he received them from Liverpool that afternoon at 4 o'clock—he was asked where the direction was, and the way bill—he said he had lost them—he afterwards gave his address, No. 1, King William-street, Commercial-road, and afterwards he said No. 6, but there is no such place.
Prisoner. I told you to go to No. 6, King-street. Witness. You said,
"King William street"—I went, but there is no King William-street—I afterwards went to No. 27, Cheapside, and found they had lost some lace.
SAMUEL VARNDELL . I am traveller for the firm of Francis Henries Gregory, No. 27, Cheapside. I went to Greenwich on business, on 19th Nov., in a four wheeled trap—I had a great deal of lace with me, and other property of my employers—I showed it to a customer there—I then put this parcel of lace under my feet in the trap—it is worth about 10l.—I I returned home to Cheapside about half past 5 o'clock—the lace was safe at my feet all the time—I went into the warehouse for about a minute, and when I returned the parcel was gone—these are the articles—our private mark is on the cards.
Prisoners Defence. I went into a public house about 7 o'clock, and was having half a pint of beer; a gentleman came in, and said, "I will give you a half crown to take this to Petticoat-lane;" I had no money, and I said I would take it; I was going, and the officer met me; he said, "What have you got there?" I said, "Cards;" he said, "Let me see," and he took me to the station; I did not know the goods were stolen.
GUILTY . Aged 42.— Confined Nine Months.
GEORGE LEGGE (City policeman, 440). On 13th Oct. I was on duty in Cheapside, about 7 o'clock in the evening—I saw the prisoners walking up and down Cheapside, and looking into the jewellers' shop windows—I and my brother officer followed them—they went to Mr. Mott's, a jeweller and silversmith, at the corner of Friday-street—they looked in at the window, and went to the corner window, and watched the policeman on the beat away—(we were in plain clothes)—I then saw Smith put his hand in his waistcoat pocket, and take out something, and smash the window—it was plate glass—he made two smashes at it—it broke on each occasion—I at once caught hold of him—my brother officer took Raymond—we took them, both to the station—I found on Smith an empty purse, a knife, and a looking glass—I went back to the window, and found this stone, which had dropped down by the side of the broken window—when Smith broke the window, Raymond was standing so as to cover Smith's arm.
SAMUEL EVANS (City policeman, 459). I was with Legge—we followed the prisoners up and down Cheapside three times—they looked in at different windows, and made a halt at Mr. Mott's—they were a few minutes in conversation, and the policeman on the beat came up Friday-street—they watched him away—Smith then took this stone from his pocket, and broke the glass with two blows—we went over—Legge took Smith, and I took Raymond—we told them what we were, and took them to the station—I searched Raymond, and found on him a small knife.
JOSEPH SNOWDEN . I am shopman to Mr. William Mott, at the corner of Friday-street, Cheapside. On the night of 13th Oct. I was in the shop—I heard the glass smash, about half past 7 o'clock—I ran out, and immediately saw the prisoners in custody—there were two holes in the window, one was large enough for a man's hand to go through—at that place there was the most valuable property in the window, diamond necklaces, and other articles, worth nearly 1,000l.—every article was marked with the price—it was the most valuable part of the window.
Smith. I broke the window, but I made no attempt to take out anything.
Raymond. I met this young man in the City; he said he was going to break the window, and take the things out, and he took me to the place.
SMITH— GUILTY . Aged 27.
RAYMOND— GUILTY . Aged 22.
Confined Nine Months.
OLD COURT.—Tuesday, November 25th 1856.
PRESENT—Mr. Ald. CHALLIS; Mr. Ald. CUBITT; Mr. Ald. KENNEDY; Mr. Ald. HALE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Second Jury.
PLEADED GUILTY. Aged 19.—Recommended to mercy. — Four Years Penal Servitude.
PLEADED GUILTY . Aged 26.— Confined Six Months.
PLEADED GUILTY . Aged 18.— Confined Six Months.
PLEADED GUILTY . Aged 27.— Confined Nine Months.
PLEADED GUILTY. Aged 47.— The prisoner received a good character.—Judgment respited.
MR. COOPER conducted the Prosecution.
JOHN RISDALE . I am a commercial traveller, in the employment of Richard Hellaby, of Huggin-lane. The prisoner was in the same employment, as porter—goods have been missed from the warehouse repeatedly for several months past—I was in the habit of going out with a horse and four wheeled vehicle, called a trap—on the morning of 4th Nov. I had assorted goods to take out, and placed them on the warehouse floor—it was the prisoner's duty to take the goods which I had assorted, and place them in the trap, and when he had done so, it was customary for him to come in and say he was ready, and then I would go out to him—on this occasion I did not wait for his coming in to me, but went down to my trap sooner than I usually did—when I got round the corner in sight of the trap, I observed that the prisoner was doing something underneath the footboard; before I had time to reach the trap, he held his head up pretty sharply, and saw me
approaching—he then jumped into the trap, to put the goods which he had into the body of the trap, and then went into the warehouse for more goods—while he was absent I examined the trap, to see what he had been doing under the footboard, and in the boot I found these four boxes, each containing a dozen neck ties—two are worth 18s. each, and two 30s. each—I took the boxes into the warehouse—the prisoner had no right to place them there—there was plenty of space in the body of the trap for more goods than were in it—after this he accompanied me as usual with the trap—I asked him why he had put those goods in there—he made some observations which I did not clearly understand, and I said, "You have no right to put them there, Sir;" indeed, I believe I called him a d—fool for doing so, I was much enraged at it—he said, "I was not going to do anything with them"—I went out, and returned as usual—those four boxes did not form any part of the goods that I was to take out with me that morning.
Cross-examined by MR. LILLEY. Q. Are you able to say that from your own personal knowledge? A. Yes; on this occasion I had never left the counter, that I am aware of, after I had looked out the goods—these four boxes were not near the goods I had looked out—the prisoner is about seventeen or eighteen years of age—he has been in the prosecutor's employment about two years—the place where these goods were kept in the ware-house is seven or eight yards from my counter—there are about thirty persons employed in the warehouse; there are three travellers, each of whom has a companion, such as the prisoner was to me—the trap opens behind, with swing doors, and there is a boot in front.
WILLIAM FREDERICK WESTWOOD . I am assistant to Mr. Hellaby, of Huggin-lane. These boxes produced are the property of Mr. Hellaby—I have looked at the private mirks upon them—they have not been altered—these other five empty boxes are similar to those which we use—our boxes have private marks on them; the marks on these five boxes have been erased; I can see the places where the marks have been—they are in the same part of the box as where our marks are placed—I never gave the prisoner any of those boxes—he had no right to take them.
Cross-examined. Q. These are boxes which are commonly used in the trade, are they not? A. They are, for the purpose of containing neck ties—we supply a great number of neck ties to different houses.
JOSEPH COMBER KNIGHT . I am a detective officer of the City of London. I went to the prosecutor's warehouse on 4th Nov., about 5 o'clock in the evening—as soon as the prisoner came in with Mr. Risdale, I told him I was a police officer, and he was given into my custody, for stealing four dozen neck ties—he said, "I only brought them down stairs with the other goods"—he gave his address at the station house, No. 10, Winchester-street, Borough-market—I went there; he lived there with his mother—I there found the five empty boxes that have been produced.
JOHN RISDALE re-examined. When the prisoner came home it was his practice to unload the trap, and take it to the stable—he was taken into custody on this occasion before the trap was taken to the stable.
(The prisoner received a good character.)
GUILTY. Aged 17.—Strongly recommended to mercy by the Jury. —Confined
MR. LILLEY conducted the Prosecution.
JAMES DEDMAN . I am in the employment of Benjamin Chamberlain, a carman, of Belvidere-road, Lambeth. On 8th Nov. I was driving one of his carts for Mr. Downes, and went to Walker's shot factory, by his directions, and got four pieces of lead, which I took to the Belle Salvage—I saw them safe after I arrived there, which was about 3 o'clock—in about twenty minutes I received information, and missed one piece, which was afterwards found in the prisoner's nose bag, which was hanging on a shaft—this (produced) is it—all the pieces were different, and this is the one which was missing.
Cross-examined by MR. METCALFE. Q. How many other carts were there in the Belle Sauvage-yard? A. Two; the carman's cart who took the lead, and another, which belonged to the booking-office—I saw the lead safe in Belle Sauvage-yard—I left my cart for about twenty minutes, came back, and the lead was gone.
SIDNEY HALL . I am fourteen years old, and live in Belle Sauvage-yard. On Saturday afternoon, 18th Nov., about 20 minutes to 3 o'clock, I was in a covered cart in the yard, and the prisoner was there in a cart, behind my cart; he left his cart, went to the cart of the last witness, took a piece of lead out of it, put it under his coat, and then said to me, "Go and see the time"—I went, but looked under my cart, and saw him put it into his nose bag—I gave information to Charles Tether, at the top of the yard, and to Mr. Merritt, the foreman of the buildings.
Cross-examined. Q. How long have you been in the yard? A. Nine months—my father lives in the yard, and is an engraver—I go out with a covered cart from the booking-office.
CHARLES MERRIT . I am foreman to Mr. Downes, a builder, of Union-street, Borough. I was in my little office, in Belle Sauvage-yard, on the afternoon of the 8th—I received information from Hall, went to the prisoner's cart, felt the nose bag; it felt very hard—I sent for an officer—Vale came, and I saw this piece of lead found in the nose bag, which was made fast to the shaft—I gave the prisoner into custody—there should have been four pieces of lead delivered to me for Mr. Downey's works—I received the others.
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined Four Months.
15. ANTONY CONNOR , breaking and entering the warehouse of Ernest Pfeiffer, and stealing 1 coat, value 5s. 6d.; the goods of Morriss Henry Lipman: 1 travelling bag and fittings, and other articles, value 25l.; the goods of said Ernest Pfeiffer and others.
MR. COOPER conducted the Prosecution.
ERNEST PFEIFFER . I am a merchant, residing at No. 27, Walbrook, and have partners. On Saturday, 15th Nov., about 8 o'clock in the evening, I unlocked the door of my warehouse, and found it in confusion—I locked the door again, called a policeman, and we went in, and found the prisoner crouched under a desk at the further end of the warehouse—I told him to come out, and he said, "All right"—I had closed the warehouse at 4 o'clock—it is on the ground floor—the prisoner had got into the cellar, the door of which was only locked on the outside, and then broke through the floor of the warehouse—I found a travelling bag, and other articles, value about
35l., removed, and all placed together—I had not known the prisoner personally, but he had been employed in the warehouse.
(The prisoner's father stated that he admitted the offence.)
GUILTY. Aged 17.—Recommended to mercy by the Prosecutor. —Confined
ANN MARCH . I am not married, unfortunately, but I occupy a room with Joseph March, at No. 8, Haberdasher-square. While he was away the prisoner occupied the room with me for eight days, up to 23rd Oct., when I went out, and on my return missed her and my clothes—I did not know that she was going away—I missed a shawl, two dresses, three night dresses, a flannel petticoat, a pair of stockings, and a victorine—these stockings and this dress (produced) are mine, and were safe when I left, in my boxes, which "were not locked—I did not see the prisoner again till she was taken.
Prisoner's Defence. They are not her stockings; they are mine; I have been in the pawnbroker's shop, but I never pawned the dress.
GUILTY . Aged 28.— Confined Nine Months.
MR. BODKIN conducted the Prosecution.
JOSEPH HARRISS . I am assistant to a pawnbroker, in High-street, Borough. I produce a pistol pawned on 4th Nov., by the prisoner, in the name of John Miller—I advanced him 12s. on it—it was claimed next day on the part of the Crown.
GEORGE EDWARD LANE . I am a clerk in the War department at the Tower. The prisoner was employed there as a labourer—on 4th Nov. I saw him in Great Tower-street—he entered the shop of Mr. Blizzard, a pawnbroker—I saw a pistol in his hand, and heard him say something to the pawnbroker about Deane and Adams's improvement—I communicated what I had seen, and the following day the pistol was claimed.
Cross-examined by MR. SLEIGH. Q. Where is Mr. Blizzard's shop? A. In High-street, Borough—I first saw him in Great or Little Tower-street, that part adjoining Tower-hill.
JOHN HENDERSON PERKINS . I am an officer of the Tower of London. This pistol has the crown on it—that mark is affixed on property which is brought into the Tower for public use—arms of this sort are at present under my care—this pistol has belonged to the Crown—they are never sold, to my knowledge—I know the prisoner—his duty would lead him constantly to where the pistols are kept—oh 5th Nov. he was interrogated by Mr. Eaton, the storekeeper, in my presence, and was asked how he got possession of the pistol he had pledged the previous evening at Mr. Blizzard's—he said that it was given to him on London-bridge to pledge, by a man named Ryan, whom he had known ten years—we asked if he could produce the man—he said that he did not know where he lived, and it was a question whether he could find him—we gave him a certain time, and on his return we gave him into custody—I miss five pistols of this kind from the stores.
Cross-examined. Q. How long has the prisoner been working in that department? A. About four months, I think; up to this time he has borne the character of an industrious honest roan—I have heard that he was employed for many years in the Post-office, and subsequently in the London Docks, under the War Department—thousands of these pistols were sent away to the Crimea during the late war—I am not aware that a large quantity of arms returned were sold at Liverpool, by authority of the Government—it is doubtless the fact, that large numbers of these pistols went to the Crimea, and were lost, with other things, after being landed—I cannot say that I ever saw this pistol until it was produced from the pawnbroker's, having a large quantity under my charge—I know that a pistol bearing this number was supplied to us by Colonel Colt, in Oct., 1855—this paper which I am looking at is not in my writing; I do not wish to refer to it—I was not in that department in Oct.—it does not appear to have been used.
WILLIAM HANDLEY . I am principal foreman of the War Department of the Tower of London. The prisoner has been employed there twelve or thirteen months; the labourers, of whom he was one, leave work at 4 o'clock precisely; and, as they leave, they undergo a search by two constables—on 4th Nov., I gave the prisoner his ticket about ten minutes before, at his request, imagining that as he had been engaged the previous evening by Lord Kingston, that he was anxious to get to his Lordship that evening, as he applied earlier than the proper time, rather than wait for his number to be called, which was very low down the list—I cannot say whether he was searched or not.
Cross-examined. Q. Is it an unusual thing for persons in that department to ask for their tickets a little time before the time of leaving? A. It is not usual; a man may ask for it, and get it, but he is always searched before he leaves; the prisoner has frequently done it, saying that he was going to Lord Kingston—I have seen a letter which Lord Kingston wrote to him.
Cross-examined. Q. How long have you been in the service of the Crown in that department? A. Two years in Nov.—I have not marked any pistols since Feb., but previously to that I marked thousands of them.
THOMAS MADIGAN (policeman, R 196). The prisoner was taken on 5th Nov.—he stated that the pistol was given to him by a man named Ryan, who he had known for ten years—he took me to Vine-street, Borough, where he said that he should be able to find the man; we waited some time in the street, and in a public house, but found no such man—I said that I could not wait longer, as the storekeeper of the Tower would have left.
Cross-examined. Q. Did he want you to go to other places? A. Yes; and said that if I could wait an hour longer he might find the man.
(The prisoner received a good character.)
GUILTY . Aged 34.— Confined Nine Months.
MESSRS. BODKIN and W. J. PAYNE conducted the Prosecution.
prisoner came, and asked for half a pint of porter—he gave me a shilling in payment; I gave him change, and he left—after he left I examined the shilling, and found it was bad—I put it in my pocket, I had no other shilling or any other money there—I afterwards put it in a piece of paper, and kept it till the prisoner came again, on the following Monday, the 17th—he then asked for 1 1/2 d. worth of gin, and offered another bad shilling—I sent for a policeman—I then told the prisoner it was a bad shilling, and he had given me one on the Saturday before—he said he had just received the shilling in change in the market—at the station he said he had it in change out of half a crown, which he had paid for his lodging on Sunday—he said he was not there on the Saturday—I have not the least doubt that he was—I gave the two shillings to the policeman at the station house.
Prisoner. Q. When I gave you the second shilling, did you ask me if I had any more on toe? A. Yes; and you said you had plenty; I said, I should like to have them—you made no resistance—I did not mark the shillings till I got to the station.
Prisoners Defence. I am a stranger in town; I never was in London till a few days before being taken; I came from Liverpool; I was not aware the shilling was a bad one, I had it in change in Billingsgate market.
GUILTY . Aged 28.— Confined Nine Months.
MESSRS. BODKIN and W. J. PAYNE conducted the Prosecution.
JOHN FRY . I am shopman to Mr. John Adams, a draper, of Fore-street. On the afternoon of. 19th Nov. the prisoner came to the shop for a pair of hose—she paid me with a florin—it was a bad one—I told her so—I gave it to Mrs. Adams; Mr. Adams was not there—I put it down on the counter.
JOHN ADAMS . I keep a shop in Fore-street On Wednesday last the prisoner came there, and bought something of my foreman—I took up the florin that was put down—I asked the prisoner if she had given that to my young man—she said, "Yes"—I asked if she had got any more coin about her, because that was a bad one—she said, "No," she had not—I asked her where she lived—she said in Fleet-street—I proposed sending the goods for her—she said, "Never mind, I will send for them this evening; you can keep the 2s. piece, and the halfpenny, and the hose till then"—she then left—I followed her till I saw a policeman—she went into Moor-lane, and from there into White-street—she turned, and saw us pursuing her, and turned short round the corner, and went into the Five Bells public house—we went in after her, and I gave her in charge—I walked a few doors from the public house with the policeman, and then as I returned back to go into Fore-street, I called in at the public house, and received from the landlady four bad florins in a piece of blue paper, and a piece of printed cotton of the same pattern as the prisoner's gown—I gave them to the policeman.
MARTHA PRICE . I am landlady of the Five Bells public house. On the afternoon of 19th Nov. the prisoner came into the house, and asked for the name of Stevenson—she was answered not known—she opened the door, and the policeman and Mr. Adams were at the door, and she was taken—after she was gone, I found a piece of black cotton on the floor, in front of
the bar, precisely where she had been standing; it contained four florins—I gave them to Mr. Adams—no one had come in or gone out after she left, before I found them.
GEORGE SAMUEL CAVALIER (City policeman, 124). I took the prisoner into custody, and received from Adams this piece of cotton, containing these four florins—I also produce the florin she uttered—this piece of cotton is of the same pattern as the prisoner's dress—she had no good money on her.
Prisoners Defence. The 2s. piece I know I gave to the gentleman; as for the others, I know nothing about them.
GUILTY .* Aged 25.— Confined Eighteen Months.
MESSRS. BODKIN and W. J. PAYNE conducted the Prosecution.
JOSEPH CLEMPSON . I am assistant to Mr. Brown, a chemist, in Aldgate; he also keeps a post-office. On 18th Nov. the prisoner came there about 7 o'clock in the evening, for 10s. worth of postage stamps—I served him—he laid four half crowns on the counter—I picked up one which I thought was bad, and bent it with my teeth—the prisoner asked me to wrap the stamps up in paper—I told him he would get paper on the other side—he said, "No, never mind," and hurried out—I called to him, but he took no notice—I ran out after him, and brought him back to the shop—a constable then came, and I gave him in charge—I examined the other three half crowns, and they were all bad—I gave them to the officer.
Prisoner. Q. Did not I tell you that a gentleman had given me a shilling to come in and get the stamps? A. You said so before the Lord Mayor, not to me.
MARY ANN LOCKETT . I am shopwoman to Mr. Swinbourne, of No. 122, Oxford-street, umbrella maker. On Monday, 17th Nov., the prisoner came to our shop, about 5 o'clock, and asked for 5s. worth of postage stamps, and asked me to put them in paper—I put them in one of our yellow bill papers, and gave them to him—he gave me two half crowns in payment—I took them up, saw they were bad, and called after him, as he was going out of the shop, but he went off—I put the half crowns on the shelf at the back, and afterwards gave them to Mr. Swinbourne.
JOHN BROOKS (City policeman 666). I was called into Mr. Brown's shop, and took the prisoner into custody—I told him it was for passing four base half crowns, in payment of 10s. worth of postage stamps—I asked him where the stamps were—he said he had not got them—I produce the four half crowns that I received from Mr. Brown—I found on the prisoner 1s. 1 1/4 d. in good money, and a post-office receipt paper—he refused to give his address.
GUILTY . Aged 30.— Confined Twelve Months.
21. JOHN BOND , burglariously breaking out of the dwelling house of Richard Green, on 6th Nov., at All Saints, Poplar, having stolen therein, 1 cap, and other goods; the property of Henry Quin: also breaking and entering the dwelling house of Henry Nethercole, on 7th Nov., at Limehouse, and stealing 1 cash box, value 2s. 6d.; his goods: also, stealing 1 desk, value 3l.; the goods of Henry Quin: to all which he
PLEADED GUILTY . Aged 24.— Four Years Penal Servitude.
PLEADED GUILTY. Aged 20.— Judgment Respited; the attention of the medical officers to be directed to his state of mind.
NEW COURT.—Tuesday, November 25th, 1856.
PRESENT—Mr. Ald. FARNCOMB; Mr. Ald. HALE; and MICHAEL PBENDEBOAST, Esq.
Before Michael Prendergast, Esq., and the Sixth Jury.
PLEADED GUILTY . Aged 22.— Confined Five Months.
PLEADED GUILTY . Aged 20.— Confined Six Months.
BISHOP PLEADED GUILTY , Aged 19.
CANN PLEADED GUILTY . Aged 18
Confined Six Months.
PLEADED GUILTY . Aged 49.— Confined Six Months.
KING PLEADED GUILTY . Aged 60.— Confined Eighteen Months.
MESSRS. ELLIS and PLATT conducted the Prosecution.
EDMUND JAMES JONAS . I produce a certified copy of the conviction of Eliza Owen Brown, who was convicted in Nov., 1855, of uttering counterfeit coin, and. imprisoned for nine months (read)—the prisoner is the person.
HENRY FELLS (policeman, A 279). I was at the Antelope in Pimlico, in plain clothes, on 1st Oct, about 3 o'clock in the afternoon—I saw the prisoners come in together—King asked for half a quartern of gin—I saw a half crown given by Brown to King, and he went out—Brown had a purse in her hand—I noticed it so as to identify it—King came in again in about five minutes, and joined Brown—they stopped about five minutes, and drank their half quartern of gin, and then went out—I went to Mrs. Humphreys, who lives next door—I there heard something—I then followed the prisoners, who were just turning the corner into Eaton-place West—they turned to Eaton-square and came back again—I saw Brown leave King,
and she went into Mrs. Humphreys' shop, and came out again, and went to the corner, and moved her hand to King, and he ran down Wise's cow yard—I took Brown, and gave her to another officer—I ran after King—I found him down the yard, and brought him up—on our way to the station he took this purse from his right hand coat pocket, and threw it away—I took it up, and found in it four half crowns and one crown piece—this is the purse and the coin—I can swear this is the purse that Brown had in her hand in the Antelope—it is a very remarkable one—there was a quantity of good money found on Brown.
Brown. I never had the purse, nor did I give this man a half crown; he knows it to be false; I do not know this man.
JANE HUMPHREYS . I live at No. I, Eaton-terrace, and keep a stationer's shop. On 1st Oct. King came for 1s. worth of postage stamps, and gave me a half crown—I kept it in a drawer by itself—about five minutes after he was gone something was said to me by the constable—I looked at the half crown, and found it was bad—I bent it, and put it on the mantelpiece—there was no other half crown but that in the drawer—in a quarter of an hour afterwards Brown came in for a Times newspaper—she gave me a half crown—I bent it, and detained it, and kept the paper also—I placed that half crown at the other end of the mantelpiece, where there was no other money—I told Brown it was bad—she demanded it back—I refused to give it her—she said she had just taken it of a person—soon afterwards I gave both the half crowns to the constable—these are them—I marked them both.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. These two half crowns that were uttered are both bad—the four half crowns in the purse are all counterfeit—three of them are from one mould, and one is from the same mould as the half crown uttered by King—this crown is bad.
Brown's Defence. I was not aware the half crown was bad; I would have gone back to the shop where I took it, if I had not been taken.
BROWN— GUILTY . Aged 47.— Confined Eighteen Months.
BROWN PLEADED GUILTY . Aged 45.
RICARDO PLEADED GUILTY : Aged 24.
Confined Nine Months.
MESSRS. ELLIS and PLATS conducted the Prosecution.
CAROLINE THACKER . I am the niece of Mr. Clifford, who keeps the Montague Arms, Bryanston-square. On the evening of 4th Nov., about a quarter past 7 o'clock, the prisoner came in for 4d. worth of port wine and water—he gave me 6d.—I put it into the till, and gave him 2d. change—some time after he called for 4d. worth more wine and water, and gave me a 2s. piece—I took it into the bar parlour, and put it on the mantelpiece—there was no other 2s. piece there—the prisoner left the house—Mr. Clifford came in just before the prisoner left, and in my presence he took up the 2s. piece and examined it, and said it was bad—I told him who I took it from—he put it in the same place again—he compared it with another—I am quite sure that he put down the same one that he took up—I afterwards gave the same 2s. piece to Brown the constable.
Prisoner. Q. Why did you not tell me the florin was bad before you gave me change? A. I did not see it before I gave you the change—I put it on
the mantelpiece because the till was almost empty—I had not sufficient change in the till to give change for the florin, and I took it into the other room and got the change, and left the florin.
COURT. Q. Was there any other money on the mantelpiece? A. Yes, but no other florin.
HENRY JOHN CLIFFORD . I am landlord of the Montague Anns. On 4th Nov. I got a bad florin from an Irishman, who asked for some gin—I gave him the florin back, and said it was bad—that was about five minutes after the prisoner had left—the Irishman then gave me a half sovereign—I went to the mantelpiece to get change—I found on the mantelpiece a florin which was bad—I said, "Why, here is another bad florin"—I left the florin there, and followed the Irishman, and he went out of the door and joined the prisoner.
THOMAS BROWN (policeman, A 551). On 4th Nov. I went to East-street, about half past 7 o'clock in the evening—I saw the prisoner in Mr. Shel-drake's shop, and took him into custody—I told him it was for passing bad money—he returned out of the shop, and threw something away, which fell towards the railing in East-street—I took him to the station—I searched him, and found a bad 2s. piece in his fob pocket—I got this other 2s. piece from Miss Thacker—these four 2s. pieces in this black bag were brought to me by Mr. Sheldrake next morning.
SAMUEL SHELDRAKE . I am a chandler, and live at No. 99, East-street, Marylebone, which is about a quarter of a mile from the Montague Arms. On the evening of 4th Nov. I was in my shop, when Brown came in—I went and looked in my area, but I found nothing—the next morning, on taking down my shutters at a quarter past 7 o'clock, I saw this black bag on the rails close to the shop—it contained four 2s. pieces—I showed Brown where I found it, and gave the bag and the florins to him.
SAMUEL HALL . I am the conductor of an omnibus. On the night of 4th Nov. I saw Brown take the prisoner into custody—I saw the prisoner throw something out of his hand, and heard the sound as of money—I thought it went into the area—I did not look.
The prisoner, in a long defence, stated that he obtained the money he had in change far a sovereign, from an omnibus conductor.
GUILTY . Aged 41.— Confined Six Months.
MESSRS. ELLIS and PLATT conducted the Prosecution.
THEOPHILUS WHITE . I am an oilman, and live at No. 87, Salisbury-street, Lisson-grove. On 25th Oct., about 7 o'clock in the evening, the pri-soner came for some articles which came to about sixpence—she gave me a crown piece, and I gave her 4s. 6d. change; she went out of the shop, and I put the crown piece in the till—there was no other crown piece there—I took it out about 10 o'clock the same evening—it was still the only crown piece there—I put it in my cash box, where there was no other crown what-ever—from the time I took it, I did not take any other crown piece—on Monday, 27th, I took that crown out of the cash box, and offered it to a carman in payment; he did not like it, and gave it me back—I gave it to my wife—she went out with it to a neighbour, and came back with it bent, and said it was bad—I kept it by itself till I gave it to the constable; and I
gave him at the same time a bad half crown which I had received from my wife.
CAROLINE WHITE . I am the wife of the last witness. On Monday, 27th Oct., I was in the shop—my husband gave me a crown to give to a carman, and the carman gave it back—he had no opportunity of changing it—my husband gave it me—I took it to the next door, and they bent it—it had never been out of my sight—it was a bad one—I took it back and gave it back to my husband—I was in the shop on Thursday, 13th Nov., about 8 o'clock in the evening, the prisoner came and bought a candle and a rush-light—they came to 1 1/2 d. she gave me a half crown—I tried it with my teeth, and said it was a bad one—I sent for Mr. Robinson and gave it him—he tried it in my presence, with his teeth; he bent it, and gave it me back again—it had not been out of my sight—the prisoner said she did not know it was bad, and that she took it of an omnibus man—she gave me a good half crown—I put the bad one in my pocket, where I had no other money—in a few minutes I gave it to my husband.
WILLIAM SHROVE (Policeman, D 95). On 13th Nov. I received this crown and half crown from Mr. White—I apprehended the prisoner at half past 10 o'clock, loth Nov.—I took her to Mr. White's shop, and they gave her in charge—I found on her a good sixpence, and 4 1/4 d. in copper, and a bad half crown in her hand, which she said an omnibus man gave her—I also found on her a sovereign, and four good half crowns, which she said she got from pawning a watch—I took her to the police court on the 17th, and she said, if I did not say anything against her about the last half crown, she would give me half a sovereign; and as I had a sovereign of hers, I might take it out of that.
Prisoner. I gave a sovereign to an omnibus man, and he gave me change.
GUILTY . Aged 28.— Confined Six Months.
MESSRS. ELLIS and PLATT conducted the Prosecution.
JOHN JARVIS . I am landlord of the Silver Cross, Charing-cross. On 14th Nov., between 5 and 6 o'clock in the evening, the prisoner came in for half a pint of porter, and put down a sixpence—I noticed that it was bad—I took it up and examined it, and told her it was bad—she said she did not know it, but she would give me a good one, which she did; I gave her the bad one back—I spoke to the constable—I saw him take the prisoner into custody.
WILLIAM LUSH (policeman, A 198). I was at the bar of the last witness's house at the time—he called my attention to the prisoner having passed a bad sixpence—I had looked at it and knew it was bad—he gave it back to the prisoner, and I took it from her again—this is it—at the same time I took from her left hand a purse, containing one good shilling; and from her right hand I took this black bag, which contains six 4d. pieces, and two sixpences, all bad.
Prisoner. I hope you will have mercy on me; I am greatly afflicted.
GUILTY. Aged 25.—Recommended to mercy by the Jury. —Confined
MESSRS. ELLIS and PLATT conducted the Prosecution.
CHARLES CUTHBERTSON . I live at No. 22, Sloane-terrace, Chelsea. On 18th Oct., about 7 o'clock in the evening, the prisoner came for a quartern loaf, and some other things, and she paid for two loaves she had had before—she gave me a florin and one shilling; I gave her 10 1/2 two change—I put the florin and the shilling in the till—there was other silver there, but no other florin—when she was gone, I examined the florin, and found it was bad—I marked it and gave it to the constable the same evening—on 22nd Oct., I looked in the copper part of the till, and found a bad shilling, it was the only shilling there—I took it out and put it under the thermometer in the parlour, where there was no other shilling—I marked it and put the date on it—I kept it till 3rd Nov., when I gave it to the officer—on Tuesday, 28th Oct., between 6 and 7 o'clock in the evening, the prisoner came for a quartern loaf; it came to 8 1/2 d. I served her, and she gave me a shilling; I gave her change, and she left—the moment she left I found the shilling was bad, I called her back, and said, "Mrs. Matthews, this is a bad shilling, you must give me a good one—she said, "I wonder where I got it from"—she gave me a good shilling, and I let her go—I gave the bad shilling to the officer on the same evening.
ELIZA CUTHBERTSON . I am the wife of the last witness. The prisoner came to my shop for two half quartern loaves on Wednesday evening, 22nd Oct.—they came to 8 1/2 d.—she gave me a shilling—I gave her change, and put the shilling in the copper part of the till—when my husband came in, I spoke to him, and he took the shilling out—we both examined it, and found it was bad—there was no other shilling amongst the coppers—I knew the prisoner before; she was a neighbour, and had dealt with us—I had trusted her.
HENRY FELLS (policeman, A 279). I produce this florin which I received from Mr. Cnthbertson on 18th Oct.—on 18th Oct. I received from him this shilling, and this other shilling I received from him on 3rd Nov.—I was in the shop on the 18th, when the prisoner tendered the florin, and it was in consequence of my cautioning Mr. Cuthbertson that he examined it, and I received it then—the shilling which he received on the 22nd he retained, because his wife was in a delicate state of health, and he thought she might not be examined.
Prisoner. On the Saturday night we had two half sovereigns and one shilling; I took one half sovereign to Mr. Cuthbertson; he gave me a florin, and two half crowns.
NOT GUILTY .
MESSRS. ELLIS and PLATT conducted the Prosecution.
GEORGE FREDERICK THOMAS . I am a chemist and druggist, and live at Bethnal-green. On 5th Nov. the prisoner came to my shop, between 7 and 8 o'clock in the evening, for a plaster for his back—I said I had not what he required, but I would make him an embrocation, which would answer the purpose—I made him one—it came to 8d.—he offered me a cown piece—I noticed that it had a suspicious appearance; I told him I would go and
get change—I put it into my mouth; it felt soft—I spoke to my neighbour, and went back, and the prisoner was at my door—an officer was going by, and I said to him, "This is a bad crown I took of this man"—I gave it to the officer, and I saw him speak to the prisoner, and in the prisoner's right hand he had another crown piece—the officer said to him, "Here is another bad one"—I did not look at the prisoner's back—he at first seemed as if he had some injury which bent him double, but afterwards he walked quite straight.
FRANCIS GOWRAN (policeman, K 208). I was passing the shop, and Mr. Thomas called me, and showed me this crown piece—the prisoner was charged with uttering it—I said to him, "I shall search you," and in drawing his right hand from his pocket, I saw another 5s. piece in it—I took it, and said, "Here is another bad one"—I searched him, and found on him a florin, a shilling, two sixpences, and sixpence in copper, all good—on the way he said, "You have got me, I know, and got me to rights this time."
Prisoners Defence. I have something the matter with my back now, and I had it at that time.
GUILTY . Aged 30.— Confined Six Months.
MESSRS. ELLIS and PLATT conducted the Prosecution.
HARRIET COURT . On 4th Nov. I was on a visit to Mrs. King, who keeps a coffee shop at No. 139, Drury lane. The prisoner came about half past 9 o'clock that morning, and had a cup of coffee and two slices of bread and butter—they came to 2d.—she gave me a shilling—I put it into my purse, and gave her 10d. change—she went away—I had no other money in my purse—she came again about half past 1 o'clock the same day, I recognised her—she had a cup of tea, which came to 1 1/2 d.—she gave me a shilling—I had some doubt about it, and I took it to Juliet King—it turned out to be a bad one—I then looked at the shilling which I had taken of the prisoner in the morning—it still remained in my purse, and I had put no other money in—Juliet King found that was bad—we sent for the officer, and the prisoner was taken—the prisoner said she had not been in the shop in the morning—I am sure she is the person—she stood some time talking to me.
JULIET KING . My mother keeps the coffee shop, No. 139, Drury-lane. Miss Court gave me a shilling on 4th Nov.; I observed it was bad—she then showed me another shilling, which was also bad—the constable was sent for—I gave the prisoner in charge—I marked the shillings, and gave them to him.
Prisoner's Defence. I was not in the coffee shop in the morning; I only paid one bad shilling; I was not aware it was bad.
GUILTY .—Aged 21.— Confined Four Months.
MESSRS. ELLIS and PLATT conducted the Prosecution.
JANE M'GILL . I am barmaid at the White Swan, Snow-hill. On 10th Nov., about 8 o'clock, the prisoner came, and asked for half a quartern of gin—she gave me a shilling—I looked at it, and it was bad—I called Mr. Greaves,
and gave it to him—I had seen the prisoner at our place twice in the week before, on each occasion she had uttered a shilling—they were both bad, and I broke them up.
Prisoner. I had never been in the public house before. Witness. I am sure you had.
RICHARD ALFRED GREAVES . I keep the White Swan. On the evening of 10th Nov. I went into my bar, and received a bad shilling from the last witness broken—I kept it in my hand till the policeman came, and I gave it to him—the last witness had shown me bad money before repeatedly.
SUSAN MARSHALL . I searched the prisoner at the station—I found a penny in her pocket, and she was eating some nuts, and I found a bad six-pence, which she was putting into her mouth between two nuts—I stopped it, and said, "What have you got here?"—she said, "It is only a sixpence."
GUILTY . Aged 33.— Confined Four Months.
OLD COURT.—Wednesday, November 26th, 1856.
PRESENT—The Rt Hon. the LORD MAYOR; Mr. Baron ALDERSON; Mr. Baron WATSON; Mr. Ald. CHALLIS; Sir ROBERT WALTER CARDEN, Knt., Ald.; Mr. Ald. WIRE; and Mr. Ald. HALE.
Before Mr. Baron Alderson and the First Jury.
MESSRS. GIFFARD and BAYLEY conducted the Prosecution.
BENJAMIN GOOSE . I was formerly employed at Mr. Wimbush's, the job-master's; I had to leave in consequence of lameness; I now live at No. 37, Molyneux-street, Edgware-road. I have known the prisoner twenty years, or more; I was never particularly acquainted with him, more than "How do you do?" but I knew that he lived with Mr. Bryant, the job and postmaster, in Oxford-street—on 13th Oct. last I met him in Queen-street, Edgware-road, a little before 6 o'clock in the evening—he asked me how I was, and said he had not seen me for some time, and he would give me something to drink, but he had nothing but a 5l. note, and asked where he could get it changed—I said he was very lucky to have such a thing, and there was Mr. Sculls' public house, where he could very likely get it changed—he said, would I get change for it, for he was not known—he took this note out from under his coat, and said he had it given to him by a gentleman for whom he had sold a horse—he gave the note into my hand, and we went into Mr. Sculls' public house—I asked Jones, the barman, if he could change it—he said he would try—I gave the note into his hands—he asked my name and address—I told him, and he wrote it on the front of the note—he then went into the bar parlour, came back, and said he could not change it—he gave it back to me—I gave it to the prisoner, and we went out—he put the note in his pocket—he said, "Don't you know anywhere else where you could get it changed?"—I said, "I know two or three houses here, but they don't know much of me," and walked on—we afterwards went to the
Feathers public house, kept by Mr. Edmonds—he there gave the note into my hand again—I asked young Mr. Edmonds, who was at the bar, if he could change me a 5l. note—he said he would see—I gave him the note—he took it into the bar parlour, and brought out four sovereigns, and two papers of 10s. each—he laid it down on the counter before me—I said to the prisoner, "Here is your change," and he took it up, and called for half a quartern of brandy, which he paid for out of the money—he then went out at the door, and wished me good night, and I saw no more of him till he was in custody.
WILLIAM JONES . I am barman to Mr. Sculls, who keeps the Duke of York public house. On 13th Oct. last Goose came into the bar with another man, whom I did not know—Goose asked me if I could change a 5l. note—I said I would see—I had not enough in the cash box—I thought Mr. Sculls might be able to change it, and I put Goose's name and address on it, and took it in to Mr. Sculls, but he was engaged, and I returned the note to Goose—this is it—it has my writing on it—I had no suspicion of it.
GEORGE EDMONDS . My father keeps the Feathers public house, in Brown-street. On 13th Oct. the prisoner and Goose came there, and I changed a 5l. note for Goose—this is the note—I took it, and put it in the drawer—I paid it away to Mr. Podmore—he afterwards brought it back to me, and said it was bad—I took it back to Goose—this was about a week after he returned it to me, and I gave it to sergeant Dafters.
JOHN DAFTERS (police sergeant, A 346). This note was given to me at the station, and I have produced it to-day—in consequence of information, on 26th Oct., I went to the prisoner's lodging, at No. 9, Broadley-treet, Bland-ford-square—I saw him, and asked him if his name was Hawkins—he said, "Yes"—I was in plain clothes—I told him that I was a sergeant of police, and wished to ask him some questions—I asked him if he knew a man of the name of Goose—he said, "Yes"—I said, "Did you meet him in Queen-street, Edgware-road, on 13th of this month?"—he said, "Yes"—I asked him whether he had employed Goose to get a note changed for him—he said, "Yes;" that he went with him to Mr. Sculls' public house, and from there to Mr. Edmonds public house, in Brown-street; that it was changed there, and that he (Hawkins) received the change—I told him that that note had been returned to Mr. Edmonds, stamped "Forged," and I asked him if he could tell me who he received it of—after hesitating, he said he could not tell me; that he was standing at the corner of Stafford-street, Lisson-grove, and a man came up to him, and asked him if he would get the note changed for him—I asked if the man was a stranger to him—he said, "Yes"—I asked if he was to have anything for getting the note changed—he said, "No"—I said, "It is something strange that you should interest yourself to change a note for a man you did not know anything about"—he said, "Oh, yes, sergeant, I was to have a shilling"—I then asked him what sort of man it was that he had received the note of—he said, "Something such a person as your own stamp"—I then took him to the station—on the way there, I said to the prisoner, "Do you know a man of the name of Ned Foy?"—he said, "No; why do you ask me that question?"—I said, "I thought I had seen you in his company at the White Lion, in the Edgware-road"—I had seen Foy with the prisoner in the Edgware-road—Foy had been suspected of passing forged notes—I believe the prisoner is a horse clipper—when we got near the station, he said, "I think I had better tell the truth, sergeant"—I said, "I thought you had been doing that all along"—he said, "I do know Ned Foy, and that is the man that gave me the note"—the charge
was read over to him at the station, and he said there that he had received the note from Foy—I did not take Foy up—he came to the police court after the prisoner was remanded, and said, if he was wanted, there he was—he is now in prison, under a sentence of three months, for assaults on the police.
Prisoner's Defence. This Ned Foy gave me the note to change, and I went and asked Mr. Goose if he could get me change; he said he could; I was not aware the note was a bad note; I have been a man of very good character; I never was in prison in my life before; I have no witness here; I did not like to write to any of my friends.
GUILTY . Aged 55.— Four Years Penal Servitude.
Before Mr. Baron Watson.
MR. BEST conducted the Prosecution.
EDWARD ALFRED BROOK . I am a poulterer, in Leadenhall-market. I know the prisoner—on Saturday evening, 8th Nov. last, about half past 6 o'clock, I saw him near the shop of Mr. Fricker, a poultry salesman—I saw him take two grouse off a hook outside the shop, and place them on his arm—there was a large quantity of people round—he looked round and saw Mr. Fricker's man and foreman engaged, and then walked down the passage, and into the Poulterers' Arms—I went and told the foreman.
THOMAS SHORTMAN . I am in the employ of Mr. Thomas Fricker, a poultry salesman, of Leadenhall-market. On Saturday evening, 8th Nov., about half past 6 o'clock, I was engaged in the shop; I know the prisoner—I did not sell him any grouse, nor allow him to take any—they were hanging outside the shop.
Prisoner. I left my basket in the Poulterers' Arms; I had two pheasants in it, which I bought at Newgate-market; I went to Leadenhall-street to buy two hares; I bought them, and when I came back my basket and pheasants were gone; I went round the market to look for it, and saw the witness twice, and he never said he had not got my basket; on the Wednesday was told that he had it; I went there on the Thursday after, and asked him if he had my pheasants and basket; he said, "Why;" I said, "They belong to me;" he said, "There were two grouse in the basket;" I said, I knew nothing about it; he said, "You had better go away about your business;" I would not, and a policeman came, and I was locked up; the inspector asked him where the two grouse were, and he said he had sold them; I have been in the market for eighteen years. Witness. I had the prisoner's basket—I took it that same Saturday evening—I got it from the Rose and Crown public house—I kept it, thinking he would call for it—the grouse were inside the basket, and two pheasants—I had gone after him, and I could not find him—I did not see him twice in the market after this—a man named Putman showed me the basket.
WILLIAM PUTMAN . I am a dealer in Leadenhall-market. On Saturday evening, about half past 6 o'clock, I saw the prisoner come into the Rose and Crown public house, in Leadenhall-market—he had a basket with him, and some straw in it—shortly afterwards he brought in two pheasants—I suspected he had stolen them; and when he went out again I followed him—I saw him go and take two grouse from outside Mr. Fricker's, and put them on his arm, and take them into the Rose and Crown—I did not see
him put them in the basket—I went and told Mr. Fricker's man and showed him the basket.
GUILTY .* Aged 42.— Confined Twelve Months.
Before Mr. Baron Alderson.
MR. PAYNE conducted the Prosecution.
JOSEPH TAYLOR . I am no relation of the deceased; I live in Doverow, Goldsmith's-row. About a quarter past 12 o'clock, on Monday night, 30th Oct., I was at the King's Arms public house, near Kingsland-gate, with Ann Hayes, the deceased James Taylor, and Jane Jenner—we all went into the tap room—I was afterwards standing at the public house door—the prisoner came up to me, and asked me if I was the chap that had had the scratched face a few weeks ago—I said, "Yes;" and he asked me if it did not serve me right—I said, "No"—at that time the deceased and Hayes came up—the prisoner asked what they wanted—the deceased, said, "This is my niece, and whilst I have a pair of hands I will protect her"—nothing occurred to render his saying that necessary—I do not know what he was to protect her against—the prisoner up with his hand, and fetched him a smack over the head with his open hand—it was a very hard blow—this was inside the house, against the tap room door—the deceased went outside the house and the prisoner followed him—I went back towards the bar.
Cross-examined by MR. RIBTON. Q. Do you know Ann Hayes. A. Yes—I am not living with her, nor have I been—I swear that—the first time I had seen the deceased and Jenner, was on the Sunday before—I had seen Ann Hayes perhaps two or three weeks before; I went to Mrs. Brown's house, where she was living, to see her—I had not known her before; I met her in the road, she spoke to me and I to her, and I went to Mrs. Brown's to see her—I have seen her pretty well every day since—I am not living with her now—she is not a woman of the town—I did not see the prisoner come into the public house.
ANN HAYES . I am married to Samuel Hayes, but do not live with him. I live along with my aunt, Mrs. Jenner, in Goldsmith's-row, Hackney-road—she lived with Mr. Taylor, the deceased; he was my uncle—on 30th Oct. my uncle, Mrs. Jenner, and I were at the King's Arms, in the Kings-land-road—we had something to drink there—my uncle was rather the worse for liquor, and so was Mrs. Jenner—I was sober—as I came out of the tap room, I saw the prisoner standing in the passage, talking to Joseph Taylor—I went and stood against the street door—my uncle came out of the tap room, and stood against me, and the prisoner asked him what he wanted—he said, "I don't want anything"—the prisoner directly up with his hand, and hit him underneath his ear—my uncle made answer, and said, "All right," and passed through the passage, and out at the street door—the prisoner followed him, and struck him again, and knocked him off the kerb, and he fell down, and the prisoner took and kicked him twice when he was down; once at the back of the head, and once in the back—my uncle had a cap on—I said to the prisoner, "Don't hit my uncle again, nor yet kick him again;" and he directly made answer that he would serve me the same—he knocked me up against the stone place—I went away to fetch my aunt from the tap room—she came out with me, and she ran and took the prisoner by the handkerchief, and he ran away—I asked a man who was coming past to help me lift up my uncle, which he did, on to the path
—he was not able to stand—he said, "Oh! my neck and my legs are broke"—a policeman came up—he examined his legs, and found they were not broken—the policeman helped to put him on the man's back, and he carried him on his back to Mrs. Brown's, and put him on the stairs—Mrs. Brown was not at home, and I went to seek for her—when I came back, my uncle was lying in the yard, just outside the door step, not far from where I had left him—I had left the man with him, and found him there with him when I returned—my uncle was then taken round to Mr. Lambert's on the same man's back—I did not go there with him—it was some-where about fifty yards from Mrs. Brown's—my uncle did not fall off the man's back at all—the man put my uncle's arms round his neck, and carried him pick-a-back—I went to look for Mrs. Brown again, and returned in about ten minutes, and then my uncle was being carried back again to Mrs. Brown's, on the man's back—he was put on Mrs. Brown's bed—I remained with him—he kept complaining of his neck and legs, and said they were broken—a doctor was sent for three times, but he would not come—about 7 o'clock in the morning we took him away in a cab, and took him to his own house—I was with him, and Mr. Brown, and my aunt—I cannot tell how far it was; we paid half a crown for the cab—they got him up stairs, and laid him on the bed—he kept complaining that his neck and legs were broken—I remained with him all the time—my aunt went and fetched Mr. Welch, the surgeon, and he came directly, about 9 o'clock—he gave my uncle medicine, and applied mustard poultices to his heart—he died on the Thursday morning as this happened on the Monday—he was very bad indeed all the time and insensible, until about 12 o'clock on the Tuesday night—he was sensible when he died.
Cross-examined. Q. How long had you been in the public house that night? A. About half an hour—I had seen the prisoner before this occurred, sitting opposite in the tap room—I had no conversation with him, nor had my uncle—the first thing that took place between them was the prisoner saying to him, "What do you want?"—I did not say to the prisoner in the tap room, "I should like to give you something"—he did not ask me what I meant, nor did I say, "If I can't do it, there is one here who can,"meaning my uncle—I swear that—my uncle did not come up, and ask the prisoner what he was interfering with me for—I did not hear the prisoner say, "I am not interfering with her, but she is with me"—I did not see my uncle then strike him—I did hear him say, "This is my niece, and while I have a pair of hands I will protect her;" and that was all I did hear him say—that was before the prisoner struck him—there had been no conversation between them about me before my uncle used those words—the prisoner and Joseph Taylor were in the passage in conversation together—the landlord was not there—I do not know where he was—I did not hear him turn them out, and say, he would have no row there—somebody told them to go out—I do not know whether it was the landlord or no—I swear that my uncle did not strike the prisoner; I did not see him do so—I did not hear him tell the prisoner to go outside, and he would fight him; nothing of the kind—my uncle did not strike a blow—the prisoner knocked him off the kerb into the road—I have known the witness, Joseph Taylor, about three months—I knew his father and mother—I have seen him frequently since this—I am not living with him—I get my living by going out washing and ironing—my uncle lay in the road about ten minutes after he was struck, and then he was carried to Mrs. Brown's—I do not know who carried him to Mrs. Lambert's, whether it wan Joseph Taylor, or
the other man, Ingleield—I should not know the man if I were to see him, because I went away to look for Mrs. Brown—my aunt was there all the time—I did not hear anything said to my aunt that evening; I must have heard it if anything had been said—I went in, and told her of this—I did not hear her say, "Let him fight the b—he is always interfering with some one"—I do not think it could have been longer than ten minutes before he was removed to Mrs. Brown's.
JANE JENNER . I lived with the deceased as his wife for nearly five years—I was with him on the night in question—I did not see the beginning of the transaction, I only saw the prisoner kick him when he was outside—he kicked him at the back of the neck—my husband was then in the road, on his back—I ran across to assist him, and laid hold of the prisoner's handkerchief—he said, "You b—w—if you don't loose me, I will serve you the same"—I said, "Why are you ill-using my master?"—I held him tight, we struggled, and fell both together, and he dragged me with him about two yards, and gave me a tremendous blow on my arm—I afterwards saw my husband taken by a man to Mrs. Brown's; he had no fall as he was being taken—I saw him on the stairs there—a man carried him from the stairs on his back, and sat him down in the yard; they did not throw him down; he could not keep on the stairs, his arms and legs were so stiff—he never moved hand or foot after he was kicked—he was taken to Mr. Lambert's, and back again to Mrs. Brown's, and laid upon her bed—he had no fall in going from one place to the other—I had been having a little to drink that night.
Cross-examined. Q. And your husband also, had he not? A. Yes—I saw him laid down in the yard; I never left him from the time of taking hold of the prisoner's handkerchief till he died—Inglefield was the man who moved him—I was with him when he was moved to Mr. Lambert's; they laid him in the front garden—Inglefield and another man carried him between them—he had not a severe fall there—one of the men did not let him fall violently, nor did he groan, and say, "Untie my handkerchief."
CHARLES WELCH . I am a surgeon, at Hackney. I was called in to attend the deceased on Tuesday morning, at 9 o'clock—I found him dressed, lying on his back perfectly paralyzed, and the surface of the body completely cold; there was no action of the heart—he was unconscious—I directed mustard poultices and warm applications—he died at 1 o'clock on the Thursday morning—I made a post mortem examination—there was a large clot of blood surrounding the upper part of the spinal cord, and compressing it—that was the immediate cause of death—there was also extravasation of blood at the base of the brain—the deep seated muscles at the back of the neck were very much bruised, and blood effused between their fibres—violent kicks would produce such injuries to the head as I saw—the immediate effect of the injury to the spinal cord would be paralysis, and in severe cases death might ensue—the party would feel severe pain at the seat of injury, but not below it—it would prevent his moving his limbs—the upper and lower extremities were perfectly paralyzed.
Cross-examined. Q. I suppose the injuries you saw might have been caused by a fall, or a series of falls? A. I do not believe a fall could have produced them, inasmuch as the deep seated muscles at the back of the neck were bruised—I cannot imagine that a fall could produce it—if a fall had produced injury to account for the paralysis, I should have expected to have found that the body of one of the vertebrae was broken, that he had really broken his neck; whereas the bones were perfectly sound—I do not
mean that it must necessarily follow that the bone must be broken by a fall, but I think a fall could not have produced the extensive mischief without breaking the bone—I speak as positively as a medical opinion can be given, that it could not have been caused by a fall—I am a member of the College of Surgeons—I have practised since 1850—I was dresser at the London Hospital for two years—I have seen a great many injuries of the spine, but injuries of this description are extremely rare—I have seen very few of them—injuries to the upper part of the spine, without the bones being broken, are excessively rare—a kick might have done it—I have never seen an injury precisely similar to this before—a person under the influence of liquor would be more liable to receive serious injury from any local violence applied to him.
GUILTY . Aged 21.— Confined One Fortnight, Solitary ,
NEW COURT.—Wednesday, November 26th 1856.
PRESENT—Mr. Ald. HUMPHERY; Mr. Ald. KENNEDY; Mr. Ald. HALE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY . Aged 31.— Confined Eighteen Months.
PLEADED GUILTY . Aged 30.— Confined Nine Months.
WATKIN EVANS . I am a hop dealer, in the Borough. Two days before 9th Aug. the prisoner called on me for a sample of hops—I lent it him, and on the 9th he called, and said that he had sold the bag of hops, and if I sent them with him I should have the money—I was very ill at the time, and gave the bill to my wife—she did not bring me the money—I did not see the prisoner again till I met him on 1st Nov., when I gave him into custody—he said that he had not sold the hops—I said, "Could not you show your face to me before this?"—he was to pay me 4l. 11s. for these—he was to have them at 6 1/2 d. a pound—he told me to make out the bill at 7 1/2 d. a pound.
Prisoner. I called on him, and he asked me if I knew anybody who would buy some hops. Witness. No, I never did—I had one transaction with him before, and he told me he had sold these hops to the same person—I then gave him some hops, on the same condition, for my wife to go and receive the money.
ELIZABETH EVANS . I am the wife of the last witness. On 9th Aug. I saw some hops put on the prisoner's truck, at my husband's warehouse—my husband gave me the bill, and I went with the prisoner—he told his man to stop, and he and I went to a house in Basinghall-street, next door to Fore
street—when we got opposite a shop, he asked me for the bill—I gave it him—he left me there—he went into the house, and came out again, and said that the man was busy and could not speak to him, but he would meet him at the public house—we went to the public house, and called for a pint of beer—the prisoner said the man was a long time coming, and he went out, and did not return—I went to look for him—I did not see him—I went to the shop, I could not see him there—I went to where he left the horse and truck, and that was gone.
Prisoners Defence. I sold the hops to a person named Jones, whom I had known about three months; he asked me to let him have a sample, and I gave it him; I was to meet him on Saturday morning in Fore-street; he made an arrangement to send his man with the truck; I met him at 3 o'clock, and he had a man there with the truck; I went, and came back with Mrs. Evans to Aldermanbury-postern; he was to meet me there at 5 o'clock; I went to the house to wait for him; he was a long time, and we had a pint of beer; he did not come; I went to look for him; he was not there, and the man and the truck were gone; whether the man took the money or not, I do not know.
GUILTY . Aged 33.— Confined Nine Months.
MR. ROBINSON conducted the Prosecution.
CHARLES UNDERDOWN . I am managing clerk to Messrs. Horne, trading under the firm of Benjamin Wortley Horne and another, in Wood-street. On 12th Nov., at 20 minutes before 6 o'clock, I was making up the parcels for the South-Western Railway; Sidey was calling the parcels over to me—a parcel was called by him and laid on the counter, addressed, "B. Fewtell, Halton, Hants"—it laid on the counter to be taken out by the book carrier—I did not see it taken away, but I miased it—before I missed it the book carrier called my attention—in about three minutes after I saw it on the counter—I went outside, and saw Harvey in custody of-two policemen, coming in a direction to the Cross Keys—I accused him of stealing a parcel from our premises—he made no reply with reference to the parcel, but said he would mark me and do for me, and he swore violently—I saw Brown, and in consequence of what I heard I gave him into custody—I had seen both the prisoners before about the premises.
Cross-examined by MR. RIBTON. Q. What time was this? A. Twenty minutes before 6 o'clock—the time was half past 5 o'clock, but we were behind time that evening—everything was being done in the most expeditious way—there were a great many parcels to be sent off that night, but there was only that one on the counter at that time—I will swear that—several persons were in the office bringing in parcels to be booked, and there were our own servants there, five or six of them—I was behind the counter—my junior clerk was there with me, and two or three porters—I do not know whether my clerk saw as well as me—I saw the parcel safe on the counter, and I missed it—I should think not a minute elapsed between my seeing it and missing it—there might be two or three minutes between my receiving the parcel and seeing the prisoner—I did not hear him say that he knew nothing about the parcel.
Cross-examined by MR. SLEIGH. Q. Were there a number of persons round him?. A. Yes—he had been taken, and a number of persons were round him who had assisted in his capture, and then I saw Brown.
BENJAMIN SHERLOCK . I am guard to the van of the South-Eastern Railway. On the night of 12th Nov. I was at the Cross Keys—I saw the parcel wrapped in this paper (produced) on the counter—I saw the prisoner Harvey standing, just going into the office—I saw his hand on the string of the parcel—I stood and watched him—he drew it towards him, and pulled it down alongside the counter—he leaned over it, and was asking something of one of the porters outside the counter—he then walked out, with the parcel in his hand—I stopped him, put my hand on his collar, and asked what he was going to do with that parcel—he said, "What do you want me for?"—I said, "Don't be in a hurry, you will see directly"—I called Mr. Underdown, he came out directly—Harvey made a strike at me, and got away—he did not bit me, he hit the post—he threw the parcel into the office, and he was knocked down by a carrier of the North-Western—he had just got outside when he threw the parcel in again—I had never seen either of the prisoners before—I did not see Brown before Harvey was taken in charge, it was just directly afterwards—Brown was about three yards off.
Cross-examined by MR. RIBTON. Q. Have you ever said before today that Harvey threw the parcel inside? A. I said it up at the Mansion House—I am almost sure I said so—(The witness's deposition, being read, stated: "He made a strike at me, and dropped the parcel just outside")—Yes, I am almost sure I said that I saw him throw the parcel inside—I will not be sure whether he threw it inside—there was a North-Western boy with me; I do not know his name—I told him directly I saw the prisoner's hand on the string—there were no other persons outside, he was the only one—there were persons inside in the office at the time—there was no one between me and the prisoner when he was at the counter—I was close to the door, and. he was just by the door—when I called out to Mr. Underdown, he made a strike at me, and ran away—he got about twenty yards—I saw him knocked down.
WILLIAM SIDEY . I am porter at the Cross Keys. I saw the two prisoners there on the evening of 12th Nov.—I recollect the time that Harvey was given into custody, it was about a quarter before 6 o'clock—I had seen the two prisoners for full an hour before, walking up and down—I saw them the best part of the time, as I had to come out of the office to see things placed in the vans, and I warned the policeman—I had seen them walking up and down on the preceding evening—on this evening I was calling the parcels over to go by the different railways—the office got crowded—I observed Harvey—he put his hand in his pocket, and asked me some questions—I referred him to the other end of the office—I heard Sherlock say, "Leave my parcels alone," and then he called out, and Mr. Underdown called, "Stop thief!"—I did not see this parcel on the counter, because my back was turned to it—as soon as I heard the cry I ran out, and I saw Brown walking round the mob that was collected outside round the man that was taken—I saw Harvey in custody of the policeman—Brown was four or five yards from him, at the corner of Goldsmith-street, with his hands in his pockets—I did not see the parcel before I saw it at the Mansion House—when I saw Brown a few yards off, I said to the policeman, "You had better take this man into custody, he has been with him all the evening"—Brown must have heard it—he said he knew nothing at all of the man, he was merely walking up and down—I had seen them walking up and down on the evening before, for I dare say half an hour or three quarters, watching about—I saw them talking—I could not hear their conversation
—then one walked on one side and one on the other, and then they went into the tap.
Cross-examined by MR. RIBTON. Q. The first time you saw Harvey, did he come and ask you some question? A. No—the first time I saw him in the street—he afterwards came into the office, and asked me some question—I cannot recollect whether it was about the price of a parcel containing three trays to Andover—I desired him to go to the other side where Mr. Underdown was.
THOMAS GORE . I am book carrier to the North Western Railway. On that evening I was in Wood-street, loading my van—I saw Harvey there—Sherlock made a communication to me, and in consequence of that I watched Harvey—I was close to the office door, loading my van—I saw Harvey walk into the office, and put his hand inside the string of the parcel, and the parcel dropped down by the side of his legs—he was coming out of the door with it, and we asked him where he was going with it—he said it was his parcel—this is the cover of it—Sherlock called out, "Mr. Underdown, this man has got a parcel"—Harvey dropped the parcel, and made a strike at the boy—he ran on the side of the van, and I knocked him down—the parcel dropped just inside the office—I had seen both the prisoners about some time before the robbery took place—they were walking up and down, and walked into the public house—they were not in there long enough to have anything to drink—I saw them come out of the archway, where the side door of the public house is—they came out together, and I saw them talking together—I had not seen them before—when Harvey was knocked down, and given into custody, I saw Brown a very few yards off the place—I did not hear him say anything.
Cross-examined by MR. RIBTON. Q. Was Sherlock with you when Harvey came out? A. Yes—Harvey said, "It is my parcel"—he was then standing between the doorway and the street, and had it in his hand, and was going out with it—when Sherlock called out, "Here is a man with a parcel," Harvey dropped it inside the door—I saw the counter where the parcel had been—the distance from there to the door was hardly any space, about three yards—I cannot say exactly as to the measure—when Harvey got outside he ran—I swear he ran—I did not see any one near Harvey when he was coming out—there were other persons in the office.
FREDERICK BUTCHER BANHAM (City policeman, 431). On 12th Nov., a little before 6 o'clock, I heard a cry of "Stop thief!" in Wood-street—I saw Harvey running very fast in the direction I was—I saw the man that was pursuing him—they both fell down by me—I took Harvey into custody.
WILLIAM MALYON (City policeman, 456). On 12th Nov., about a quarter before 6 o'clock, I heard a cry of "Stop thief!" in Wood-street—Harvey was taken into custody—Brown was about three yards from him—he was pointed out to me, and I took him into custody—he said that he knew nothing about it—at the station they said that they did not know each other.
HENRY CHRYSTIE . I am in the service of Mr. Carter in Goldsmith-street. I packed fourteen yards of woollen cloth, and some other articles, in this parcel—the parcel was about three quarters of a yard long, and about four inches thick.
BROWN— NOT GUILTY .
Harvey was also charged with having been before convicted.
JAMES LITTLE . I was formerly in the police. I produce a certificate—(Read—" John Morley, Convicted Aug., 1853, of uttering a promissory note for the payment of 9l.; Transported for seven years")—I was present—Harvey is the man.
GUILTY.*† Aged 43.— Six Years Penal Servitude.
MR. CAARTEN conducted the Prosecution.
JOHN PESTLE . I live at No. 1, Brandon-row, Caledonian-road, and keep a beershop. On Saturday night, 13th Sept, I went to bed about 12 o'clock—before I went to bed I went round the house, and fastened every door and window—I was the last person up—I was called up next morning, about half past 5 o'clock, by a neighbour, seeing my door open—I found the side door open, and there was an entrance to my back yard—I missed a copper tea kettle, some cheroots, some halfpence, farthings, and some other things—this is my kettle; I can swear to it; I soldered this handle on the lid seven years ago.
CHARLES BILLITT . I live in Bingfield-Street, Caledonian-road. I knew the prisoner—I know Timothy Carter—(See vol. xliv., pages 925 and 999) on Saturday night, 13th Sept, we went to Mr. Pestle's house—we got there about 2 o'clock—the prisoner told me to stand outside, and watch for a policeman, and if I saw one I was to tap at the door—the prisoner and Carter went round into Cook's yard, and got over the back wall to Mr. Pestle's—they said they were going to get through the back window, and if I heard any noise I was to tap at the door—I saw them again in half an hour after—they came out at the side door, which leads into a road—they had with them some pork, some cigars, some cheese, and some candles and sugar, and I saw them with this kettle—I ran away, and got home before them, to Tim Carter's house, in Sutton-gardens—the prisoner was lodging there—I saw them afterwards come to the house, and bring with them the things that I saw them bring out of the prosecutor's house.
Prisoner. Q. How far were you standing from the place? A. A very little distance—I did not see you go into the house—I saw you come out at the side door with the things.
SARAH CARNELL . I live in Brandon-road. On Sunday, 14th Sept., I was living at Timothy Carter's house, in Sutton-gardens—there were only two rooms in the house—the prisoner lived there at that time—I cannot tell how long I had been staying in the house—I think the prisoner had been there about a fortnight—on that Sunday morning I saw this tea kettle in Carter's house, and some cheese, candles, moist and lump sugar, and some farthings—this was between 8 and 9 o'clock in the morning—the prisoner and Carter were then in the house—I saw the prisoner take this tea kettle out of Timothy Carter's house to a house up higher, to Joseph Barnard's, who is a sweep.
LUKE JAMES TOMLIN (policeman, A 315). On 27th Oct. I took the prisoner outside this Sessions House door, when I was waiting here for Carter's trial—I told him I took him on a charge of breaking and entering Mr. Pestle's house—he told me he could prove where he had been for three years—I said I believed I could prove where he had been twelve months of that three years—he said that I was mistaken.
Prisoner. When I heard of this I went and gave myself up; the man said I was not the person, but, being outside this place, the officer took me.
The prisoner was further charged with having been before convicted.
JAMES GIBBS (policeman, N 66). I produce a certificate—(Read: "Clerkenwell Sessions; Thomas Cole, Convicted Jan., 1854, of stealing 28 lbs. of leaden pipe, having been before convicted; Confined twelve months")—the prisoner is the person.
GUILTY. Aged 20.— Four Years Penal Servitude.
MR. PLATT, who conducted the Prosecution, offered no evidence against BAKER.
NOT GUILTY .
EDWARD LUCK . I am assistant to Mr. Brown, a draper, in Whitechapel. On Monday night, 10th Nov., Cannell, and two other women came into the shop, and they asked for, cloth for a mantle—I showed them some grey, and some black—Cannell said she should like a darker grey, because her brother-in-law was dead; and after showing a great many pieces she had a yard and a half cut off, and took me to the other side of the shop to look at some buttons—she detained me there; and while I was there the other two women went to the other side, and returned again—when I had finished, the Other two women had gone out, and Cannell paid 2s. off the parcel, and she left, saying she would call for the parcel at 10 o'clock the next morning—she did not call the next morning—the other two women had left the shop two or three minutes before Cannell—they had come in together—about an hour after Cannell left, I missed about twenty yards of black cloth—not a piece which I had been showing them, but it was on the counter at the same time—at tea time on Tuesday, the following day, a piece of grey cloth was missed—I believe this cloth produced is my master's—I believe these different pieces to be the whole of the piece of black, and this to be the grey—there is no piece here so small as to be the piece I sold—these are worth about 4l.
Cross-examined by MR. DOYLE. Q. What time on the Monday night were these women in the shop? A. Between 5 and 6 o'clock in the evening—they had not been old customers to my knowledge—I had never seen them before—I was not the first person brought to identify this cloth, my master was—I swore to both these cloths—I swore to the grey first—I recognised it, and I recognised the black, and swore to the black also—there is no mark on it—I recognised it by the description of the goods being the same quality—this grey is very common—it is called grey Witney—I cannot tell how many thousand pieces there are of it in London—this was not made exclusively for us—this other is black doeskin, used for making trowsers—you may find black doeskin in every draper's shop—these pieces correspond—they look to me to have been cut with a knife, a pair of scissors would have made a straighter cut—I can swear that these were my master's—I believe them to be so, that is all I know—I cannot say whether these might have been bought or stolen from somebody else—I believe them to be our's—I have no mark on them, only the description, and quality, and the length—we have not taken stock since—we had not counted the pieces we had—we had only one piece of this price and quality, and that we lost; and this grey is the only piece we had of this quality and colour—I saw this black doeskin safe on the counter just before the women came into the shop—I noticed it lying there—I saw it there, and know it by that—I did not unroll it—I did not put my hand on it, but all the others were in the fixtures, and this was on the counter—Mr. Brown put it on the counter, I saw him do it—I never saw Cannell before she came into the shop—the next time I saw her, she was at the Thames police; she was shown to me—I said that was the woman—I cannot remember how she was dressed when she was in the shop; but she had a black mantle—I noticed that her hair was dark, and her eyes were black—she is one of the women that was in the shop—I will swear it.
MARY ANN BAKER (the prisoner). I live at No. 2 1/2, Fieldgate-street, Whitechapel, where Mrs. Cannell lives, and keeps a beer shop; she takes in lodgers. On Monday night, 10th Nov., I was in Thrawl-street, Spital-fields, about 8 o'clock—I had nothing with me—I had been to Mr. Clarke, in Thrawl-street, to tell Mr. Cannell that he was wanted—I went there again in twenty minutes, or half an hour afterwards—I had a bundle with me the second time—I do not know what was in it—Mrs. Cannell gave it to me to take to Mr. Clarke, in Thrawl-street; as I was going along the policeman stopped me—I went back to Mrs. Cannel's with a policeman—Mrs. Cannell was at home when I got back, and the two boys, Lott and Aspen, were at home, upstairs—they were lodgers there, and slept in the first floor back room—they slept in the same room—I do not know whether they slept in the same bed—when I got back one policeman was in the house, and one went back with me—the policeman asked Mrs. Cannell if she had sent the bundle out; she said, "No," at first—I told her she gave me the bundle to take to Mr. Clarke, in Thrawl-street, and she said, Yes, she did—she said that two young women brought it, and she gave me the bundle to take out—the policeman took me up stairs—we all went up stairs together—the policeman went into the room where the two boys were—I was not in the room when any cloth was found—I was in the room when the policeman said he had found two pieces of cloth—he brought the two pieces out of the front room into the back room where we all were.
Cross-examined. Q. How old are you? A. I was seventeen last March—I was in the service of Mrs. Cannell a fortnight—my mother lodged in the house—Mrs. Cannell gave me this parcel at the kitchen door—there were two young women in the kitchen—I had never seen them before—the parcel was tied up—Mrs. Cannell attended to the business when her husband was not there—she did not say any more to me, but to take the bundle to Clarke—Mrs. Cannell has a husband—he is in and out in the course of the day—he went out that day between 3 and 4, or 5 o'clock, and left Mrs. Cannell at home—she was at home the whole of that day—she has not got a black mantle, only the grey shawl that she now wears.
MR. PLATT. Q. Was Mrs. Cannell at home the whole of that evening? A. Yes, till we were taken—I know she was at home at 4, and at 5 o'clock, and till the time we were taken—I was at home all the day myself, and she was at home with me—I had not seen the two women before.
MR. DOYLE. Q. When you went, did not Mrs. Cannell ask you if you did not see the two young women give her the bundle? A. Yes; I said I had not.
MR. PLATT here withdrew from the prosecution.
NOT GUILTY .
ISAACS— PLEADED GUILTY .*† Aged 17.— Four Years Penal Servitude.
MASON— PLEADED GUILTY .* Aged 17.— Confined Twelve Months.
(The prisoner, being a foreigner, had the evidence interpreted to him.)
1 o'clock in the morning, I was on duty in Dean-street, Soho, and saw the prisoner walking towards me; he had a parcel—I asked him what he had got; he said a parcel which a man gave him to take to the Hamp-stead-road—he spoke good English—I took him to the station, and found on him four other pieces of cloth; two at the back of his coat, one in his coat, and one in his trowsers—I found the key of his room, and three other keys—one of the keys opens the prosecutor's iron box.
Prisoner. Q. Did I not tell you Tottenham-court-road? A. No; you said Hampstead-road.
FRANCISCO BERNARDO SANGUINETTI . I am a tailor, and live at No. 52, Regent-street. The prisoner called on me, and asked for a job, and I gave him one—he worked on my premises, and continued to work for me, till the Saturday before he was taken—a policeman came to me on the morning of 19th Nov., about half past 7 o'clock—I found some property was missing—this is part of what I missed—the other pieces were given me back—the property was worth about 25l.—it had been safe the evening before.
ANGELINE SANGUINETTI . I am the niece of the last witness, and live with him. On the night of 18th Nov., I fastened the bolts of the kitchen door between 7 and 8 o'clock—I went to bed about half past 11 o'clock—I did not go to look at the door again, but it had not been opened from between 7 and 8 o'clock—I came down next morning at nearly 7 o'clock; a policeman had come to the house, and the kitchen door was open.
HENRY REED (police sergeant, C 50). I was on duty in the neighbour-hood of Regent-street, on the morning of 19th Nov.; my attention was drawn to the door of the prosecutor's house—I found the area gate open, and on going down I found the door of the kitchen open—I aroused the inmates—I found no marks of breaking into the house—my belief is that some one had been concealed inside, and had opened the door, and come out.
Prisoners Defence. I do beg you to pay the utmost attention to my case, as I am innocent of it; when I was working at the prosecutor's, I made the acquaintance of a German, who was working there, and he gave me this cloth on that day, at half past 12 o'clock at night, which I hear now is stolen—he said, "Take this, give me your address, and I will come for it to-morrow morning;" I gave him my address, written down, "Tottenham-street, Tottenham-court-road;" when I came to Dean-street, the policeman stopped me; when the man gave me the cloth, I asked him where he got it; he said his master gave it him to cut it out to make some coats; it was on that ground I took these goods; I took the smaller parcels under my arm, not to lose them, while I had the larger parcel in my coat—the prose-cutor can say, if I have not been working with him in a right honest way.
GUILTY. Aged 64.—Recommended to mercy by the Jury. —Confined
THIRD COURT.—Wednesday, November 26th 1856.
PRESENT—Mr. Ald. WIRE; Mr. Ald. ROSE; and MICHAEL PRENDER-GAST, Esq.
Before Michael Prendergast, Esq., and the Eighth Jury.
PLEADED GUILTY . Aged 18.— Confined Six Months.
PLEADED GUILTY . Aged 56.— Confined One Month.
MR. W. J. PAYNE conducted the Prosecution, and MR. LILLEY the Defence.
GUILTY. Aged 18.—Strongly recommended to mercy by the Jury —She received a good character.— Confined One Month.
MR. LOCKE conducted the Prosecution.
ELIZABETH CLIFFORD . I am the wife of Ashley Adam Clifford, a grocer, of No. 5, London-terrace, Hackney-road. On Wednesday, 5th Nov., I got into an omnibus at Shoreditch to go to London-bridge—I sat on the left hand side, in the middle—there was no one above me, two or three gentlemen were below me, nearer to the door, on each side—the prisoners got in near the Eastern Counties Railway—Reynolds sat opposite me, and I made room for Hasletine to pass; she wished to sit on my right side, and I went to the top of the omnibus—I do not think they spoke together, and I did not notice that they were acquainted—Reynolds had a check shawl folded over her arm—when we were near Camomile-street one of the horses stumbled, and the omnibus was brought to a stand—I looked through the small window in front, which was on my left, to see what was the matter, and on turning round Hasletine was much nearer to me than she was before; not uncomfortably close, but there had been space for two people between us before—the omnibus went on almost directly—the prisoners got out at Cornhill—the conductor then beckoned me from the top of the omnibus, and in consequence of what he said to me, I felt in my pocket, and missed my purse, containing 17s. 9d.; but I did not know how much there. was till it was counted at the station—this is my purse (produeed)—it was safe when I left home, and I had not had occasion to use it once—the conductor went after the prisoners, and I remained in the omnibus till he came back—I then followed a beadle, who had the prisoners in custody, to the station house, where I identified my purse.
Cross-examined by MR. M'AUBREY. Q. What sort of a pocket had you? A. it was in the skirt of my dress; I also had these two handkerchiefs and a pocket book—there was very little excitement when the horse fell—I was not startled or excited in the least; I looked out through curiosity—my
pocket was on my right side; Hasletine was on that side—I did not sit down nearer to her when I turned round, I had not moved from my seat—I merely bent my head.
MR. LOCKE. Q. Where was the window through which you looked? A. Very near to the coachman's feet, only a little pane which does not open—my right side turned very slightly towards Reynolds, who was opposite to Hasletine—there was space, and no other person between Reynolds and the upper part of the omnibus.
GEORGE WALTER . I was conductor of this omnibus on 5th Nov.—Mrs. Clifford was in it—one of the horses stumbled, and I got off the monkey board to assist the coachman, as was my duty—as I was in the act of getting down, I saw Hasletine close to Mrs. Clifford, with her mantle thrown over her hip—I thought it was rather close to be comfortable, considering that the omnibus was not full, and my suspicions were aroused—I had seen the prisoners get in one after the other; they came up to the omnibus at the same time, between Shoreditch Church and Hackney—they got out at the corner of Cornhill—the fare is 2d. each person, and Reynolds paid me a 4d. piece, which I concluded was for the two, and let the other pass without payment, as they had both got in together—directly they got off the step, I said to Mrs. Clifford, "Have you lost anything?"—she felt in her pocket, and said, "Oh! dear, yes, and I shall not be able to pay my fare"—I caught sight of the prisoners' cloaks going round Leadenhall-street—I went through the market, and saw them together close to the pump, touched them on the shoulders, and said, "You have been robbing a lady in my bus"—I took hold of one of them, and the other swung herself away, and walked towards the pump again—I am sure of their being the persons—Hasletine said, "Let us go, do not expose us"—I said, "I must give you in charge of a policeman"—I did so, and returned to the omnibus, and informed Mrs. Clifford.
Cross-examined. Q. About how far were Hasletine and Mrs. Clifford apart when you first noticed them? A. Six or eight inches—Hasletine's mantle was a kind of cape, I saw part of it over Mrs. Clifford's hip and over her knees—she had not got up from her seat, she only turned slightly round—there was an excitement and commotion, or I should not have got down.
HENRY CLEMENTS . I am a meat salesman. I was in Cullum-street, and saw the prisoners with Rawson, the ward beadle—he said, "Follow, and perhaps you will see the purse"—I followed to the bottom of Cullum-street—a cab was called—I saw Reynolds on the ground, she would not go along—I saw the prisoners put into the cab, and I then picked up a purse under the cab door, between the hind and fore wheels—they were then by the cab—Reynolds struggled violently.
GEORGE RAWSON . I am beadle of Lime-street Ward. On Wednesday, 5th Nov., I was going by Leadenhall-market, and saw Tanner holding the prisoners—he said, "Take this one;" that was Hasletine—she said, "I will go quietly with you, Sir"—I said, "Take hold of my arm"—we went along arm in arm, and followed Tanner and Reynolds to Cullum-street, where Hasletine let go of my arm, said that she would not go any further, entered the door of a coffee house, and laid hold of the handle—I prevented her, and she called out, "Ellen, do not go any further;" and began to kick, and scream, and bite, and the other began also—I carried Hasletine to Fenchurch-street, hailed a cab, put her in, and sat down with her—Reynolds was then kicking and screaming on the ground—the policeman could not
get her off the ground for five minutes: she was got into the cab at last, and they were taken to the station.
Cross-examined. Q. Did not Hasletine say, "There is a great crowd here," and wish you to remain a little at the coffee house? A. No—there was a considerable crowd collected, and there was a great deal of confusion.
JAMES WILLIAM TANNER (City policeman, 658). On 5th Nov. I was on duty in Leadenhall-street, and the prisoners were given into my custody by an omnibus conductor—I handed Hasletine over to Rawson—I held Reynolds by her hands and her right arm—I felt something hard in her hands, which were under her cloak—at the corner of Cullum-street she threw herself down on the pavement, got her hands from mine, and by the movement I was certain that she was making away with something—she said to Hasletine, who was following with Rawson, "Oh! you d—b—"—I raised her up, and took her towards a cab—Hasletine was put in first by Rawson, who got in with her—on placing Reynolds in the cab, Clements immediately handed me the purse.
GEORGE HART . I am an omnibus conductor. I have seen the prisoners together for the last four months—they have come to my omnibus together in Oxford-street, and a young man with them, whom I can pick out, and I have refused them several times.
Reynolds. I have only been in London about a month. Witness. I am quite certain that I have seen them during the last four months—Reynolds always sat opposite to Hasletine when in my omnibus, and the young man sat by the side of one of them.
MR. LOCKE. Q. Have you seen him here to-day? A. Yes, and yesterday too; he dined at the cook's shop opposite—I think he belongs to Hasletine—I have seen him oftener with her than with the other—the first time I saw them was in Wormwood-street, following a lady and gentleman, which first aroused my suspicions.
JAMES SMITH . I am a broker. I saw the prisoners together on 27th or 28th Oct., a very foggy day, in the Strand. opposite the top of Norfolk-street—they spoke together, and spoke to me, or rather I spoke to them—it was about 3 o'clock in the afternoon.
Cross-examined. Q. Was it a dreadfully foggy day? A. I was the first foggy day that we had—I do not live in Liverpool now, I was there seven-teen years—I am not in the police, I am a ship and insurance broker—I have been a witness occasionally at assizes and sessions—I did not wish to come into this case, but have been dragged into it—I have been called in a great many times by the police to prove matters; where I have seen felony committed, I am bound to appear—I have not often been attracted by a strong interest to a police court, and volunteered to give some little bit of evidence—I have not, and would not descend to volunteer myself to the police as a witness; they have called upon me when I wished to keep out of it, on account of loss of time, and no remuneration—I have an office in the City—you have seen me frequently at the assizes and sessions on very serious cases—I begged the prosecutrix not to call me, but Mr. Goodman desired them to subpoena me.
MR. LOCKE. Q. Do you attend here at your own inconvenience? A. Very great indeed to-day—I do not know that the Court will allow me to tell what attracted my attention to the prisoners.
Reynolds. When I stood up to get out of the omnibus the purse was on the floor, and I am sure the conductor saw me pick it up, and when he overtook me, I said, "Is this what you want?"
GEORGE WALTER re-examined. I did not see her stoop and pick up a purse, and I stood with my hands and face inside—she came out quickly, and pushed by a gentleman—I saw no purse, and did not know that they had got one—Reynolds did not say, "Is this what you want?"—she said, "Do not expose us"—she did not offer me the purse.
(Reynolds statement before the Magistrate was here read, as follows: "I am guilty of picking the purse up, but not of stealing it; I think the conductor saw me."
(Hart stated that a lady was robbed of a 10l. note when the prisoners were once in his omnibus, and Hasletine was next to her; and Smith stated that when he saw them in the Strand they attempted to rob two ladies.)
Confined Nine Months each.
OLD COURT.—Thursday, November 27th 1856.
PRESENT—Mr. Ald. CHALLIS: Mr. Ald. WIRE; Mr. Ald. ROSE;
Mr. Ald. HALE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Second Jury.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .* Aged 27.— Four Years Penal Servitude.
PLEADED GUILTY . Aged 15.— Confined Three Months, and to be detained Three Years in a reformatory school.
PLEADED GUILTY . Aged 39.— Confined Four Months.
55. JOSEPH SOWELL , burglariously breaking and entering the dwelling house of Elizabeth Faith Wood, at St. Pancras, and stealing therein 14 napkins, 4 tablecloths, and other articles, value 10l. 14s., her property; and other linen, the property of other persons; also, stealing 4 gowns, 1 skirt, and other property, of Emma Langley, in the dwelling house of Isabella Parker: to both which he
PLEADED GUILTY .— Confined Twelve Months.
MR. COOPER conducted the Prosecution.
WILLIAM SMITH . I live at No. 18, Newnham-street, Edgware-road, and am shopman to James Payne Lloyd, boot manufacturer, of New Oxford-street. On 17th Oct. I left the shop quite safe at 5 minutes past 9 o'clock at
night—there was 5l. 10s. in gold and 6d. in silver in the desk—on the following morning, at 8 o'clock, I found the door secure—I unlocked it, and found the inner door burst open, which I had locked overnight—the desk was moved off the counter to the end of the shop, burst open, and the money taken from it, and a lot of boots and shoes removed, value upwards of 100l.—no violence was done to the outer door; there is no way of getting to the inner door except though the outer one—these boots and shoes (produced) are Mr. Lloyd's property, and were in the shop on that night.
Cross-examined by MR. SLEIGH. Q. Does your master keep more shop than one? A. Only one other—he carries on a very extensive trade in North-ampton boots;—these are of Northampton make—we do not manufacture boots; they are manufactured at Northampton by tens of thousands—this lady's boot has a mark of mine on it, "No. 4"—that indicates We size—here is also on it "39"—that is in my writing also—I mark all boots of this size in a similar way—I am not in the shop which does the largest trade, but the boots at the other shop are not marked in my writing—there is no other mark by which I know these—I had sold no boots of this size for a week before; the books will prove that—they are not here—the shopman also sells boots; he is not here.
MR. COOPER. Q. When had you seen any of these boots? A. That pair which you have got, and this other pair, I saw that evening, before leaving the shop—this pair have been worn, and I can speak positively to them—these other two pairs have the mark erased, but here is a mark where I out one of them with a knife.
RICHARD CHECKLEY (police inspector, E) watched the prisoner ten days previous to his apprehension, and on 5th Nov., at 6 o'clock in the afternoon, I went to No. 11, Claremont-place, New-road, knocked at the door, and it was opened by a female—I walked into the parlour—the prisoner was sitting there—I said, "Your name is Cole?"—he said, "Yes"—I said, "And these are your apartments"—he said, "Yes"—I said, "I am informed that you have committed two robberies, one of boots, and one of hats, in Oxford-street"—he said, "Upon my soul, I know nothing about it"—I took up these three pairs of boots, which were standing together, and said, "These are some of them; you must consider yourself in my custody"—I desired the sergeants, who were with me, to search the house, and I took him to the station—before leaving, thirty-four skeleton pick-lock keys were found; and on the way to the station, he said, "I am sorry I had the keys; I should not care but for them"—on the next morning I tried the keys to the prosecutor's door, and this one, which has been recently filed, opened it with facility.
Cross-examined. Q. Did not he say that those keys had been left there by some man? A. Not then; he said so before the Magistrate.
JOHN CHOWN (police sergeant, E 5) I accompanied Checkley to the prisoner's house, and assisted in searching—in a drawer in the bedroom I found these two pairs of boots, and under the covering of the sofa thirty-four skeleton keys—in the coal closet, in the front parlour, I found this crowbar and dark lantern, with a piece of candle in it, which had been very lately burnt.
Cross-examined. Q. Does he keep a little shop, with clothes, and boots and shoes? A. No; it is a private house—there is not a miscellaneous assortment of boots, shoes, and clothes, such as a dealer would have.
(The prisoner was further charged with having been before convicted.)
GEORGE CLARK (policeman, E 145). I produce a certificate—(Read: ("Clerkenwell Sessions; James Brown, Convicted, Dec., 1851, of breaking and entering a shop, and stealing a quantity of boots and shoes; Confined twelve months")—I was present at the trial—the prisoner is the person.
GUILTY.—(Inspector Checkley stated that the products of three burglaries was found at his house, and a quantity of property not yet identified.)— Judgment Respited.
(There was another indictment against the prisoner.)
(The prisoner, being an Italian, had the evidence explained to him by an interpreter.)
JOHN FRANCIS FLYNN . I am a labourer, living in Cartwright-place, East Smithfield. On 8th Nov. I was at the Three Nuns public house—I had a quarrel there with a person named Matthew Carley—we fought together—while I was struggling with Carley, the prisoner came up to me to interfere—I went to strike him, to shove him back—I did not strike him—he ran back—Carley ran away from me—I ran after him, and, while I was running after him, the prisoner came behind me, and stabbed me—I found that I was losing blood, and was taken to the hospital—I had not known the prisoner before—I never had any quarrel with him.
WILLIAM SAYER . I am a brewer, in Wentworth-street. On the night of 10th Nov. I was passing near the Three Nuns public house—I saw the prosecutor and another man fighting—the other one was down on the ground—the prosecutor was standing up, in a fighting position, telling him to get up and fight again—he was not doing anything to the man while he was on the ground—I saw the prisoner come out of the Three Nuns—he first struck the prosecutor a blow in the face with his fist—the prosecutor was in the act of pursuing the man whom he was fighting with, and the prisoner stabbed him in the back with a dagger—he then placed the dagger in his breast, or some part of his person, took the arm of a friend, and deliberately walked down There Nuns-yard—I followed him, and gave information to the police.
JAMES WEBB . I am assistant to Messrs. Keeble, drapers, in the Minories. On 10th Nov. I happened to be passing near the Three Nuns-yard, and saw the prisoner struggling with a policeman at the entrance of a coffee-shop in Church-passage—in consequence of what some one told me, I took from him this dagger (produced—I gave it to the officer—I took it from the waistband of his trowsers, or near that.
NICOLAS A VENT . I was house surgeon at the London Hospital when the prosecutor was brought there—he had a punctured wound in the back, which penetrated to the blade bone of the shoulder, and went entirely through the bone—he is still a patient in the hospital—it was a dangerous wound; but for the bone, it would have entered the chest.
Prisoner. I do not wish to say anything.
GUILTY . Aged 35.— Transported for Fourteen Years.
58. GEORGE COLE and GEORGE BROWN were indicted for burglariously breaking and entering the dwelling of Elizabeth Herbert, and stealing 1 box, 1 bottle, 1 pint of brandy, and 1 pair of scissors, values 4s., and 1s. 6d. in money, her property.
MR. LAWRENCE conducted the Prosecution.
JAMES HUDSON . I keep the King's Arms tap, in New Palace-yard, Westminster. It is underneath the hotel—I rent it of the proprietor, Mrs. Elizabeth Herbert—I do not life there, but Webb and Spear, two of my servants do—on Tuesday morning, 30th Sept, when I went to the tap, about half past 8 o'clock, I found the bar window open—a little piece of the window had been broken previously, but more glass had been broken out, and the catch drawn back, so as to enable the window to be opened from without—the door of the bar had been tried to be forced open from the outside, by the tap room poker, and ar screw driver, which was found, and which did not belong to the premises—I had fastened the window when I left, at 4 o'clock that morning—we keep open till 2, 3, and 4 o'clock sometimes—I had also locked the bar door, and taken the key home with me; that was forced open by the screw driver—that room communicates with a waste or store room, leading to the cellar—I went into the cellar, and there found a box belonging to a club which is held at my house once a week; the lid was broken open, and three locks forced open, and I found a lot of papers strewed about the beer cellar—I do not myself know that there had been money in that box, it was kept in the strong room—some bread and most was brought to me; I do not know where it was found—I saw some brandy there, and I missed some, and I also mused a pair of scissors—I know the prisoners by using my house—I saw them in the house that morning up to 4 o'clock, when I shut up the house; there were eight or ten persons there, and they all went up together, the prisoners among them.
Cross-examined by MR. PAYNE. Q. Yours is a night house for is it not? A. Yes; a good many cabmen come there—the prisoners were there the greater part of the evening, and a great many others—I cannot say when I had last seen the scissors—my good lady used to work with them—she is not here.
JOHN WEBB . I am barman to Mr. Hudson. On 30th Sept., I went to bed between twenty minutes and half past 4 o'clock in the morning—my fellow servant, Spear, went at the same time; we slept in the same room—I was awoke by Spear, between 6 and 7 o'clock; he had got put of bed—I went out into the passage which leads from the tap room to the back yard, and saw Cole in the tap room; it was between light and dark—he was doing nothing—he was standing still—he told me he had been locked in—I told him that it was usual for the master and me to go round with the candle, and see that everybody was out of the house, and there was not a soul in the house when we shut up—he made no reply to that—I and the governor had gone round with a candle, and there was no one in the house then—there was another man in the passage, but I could not see his face—I was stripped—I went to put on my things, and while I was doing so, the men went away—I afterwards saw Allen, the Hackney carriage attendant, and went round the premises with him—I could not see that anything was disturbed, until master came and went to the store room—some bread and meat was brought into the tap room; I cannot say where from—there was no meat in the tap room, or anything lying about there when I went in first.
I jumped up in my bed, and saw a man's band removing my clothes off the top of the drawers—I did not see the man, only his back as he turned away—I afterwards saw him in the passage—I have known Cole about six months, by using the house—I cannot say it was him, it was so dark—I did not see any other man—the man in the passage said he had been fastened in all night, and would I let him out—I said "No; I cannot do that, I have no key, you must stop here till Mr. Hudson comes"—I do not know who that man was—I thought it might have been so, and did not notice him, and came away—I afterwards went over the premises, and found some bread and meat in a dark cupboard in the passage, and two bottles of brandy; they were full, or nearly so.
Cross-examined. Q. You and Webb let the men go, and did not give any information to the police? A. No; it was so dark that though I spoke to the man, I could not see who he was.
RICHARD CHECKLEY (police inspector, E). I apprehended Brown on 6th Oct., at No. 9, Bell-court, Gray's Inn-road; he was in bed—I knew him by the name of Badger—I said, "Badger, I want you for a robbery at Palace-yard"—he said, "Oh! very well; I suppose I am going to West-minster, then"—I said, "Yes;" and took him to the station.
JOHN THOMAS ALLEN . I am the attendant at the cab stand, in New Palace-yard. On 30th Sept, I was called to Mr. Hudson's premises—I found the outer door open—it had been opened from the inside—I saw that the window had been prised open by some instrument, and a nail which fastened the window was broken—I went into the tap room, and saw a lot of things on the table, such as bread, and meat, and liquors—I went to the bar, and saw that a square of glass had been broken, and the catch pulled back—I saw that a poker, or something of the kind, had been used against a padlock—I saw marks on the door corresponding with this poker; the inner door, leading to the cellar, was forced open—I went into the cellar, and saw this box broken open, and a lot of papers strewed about—the marks on the box correspond with this screw-driver, which I found on the taproom table—the window was open wide enough to admit two men abreast.
Cross-examined. Q. You were not before the Magistrate, I believe? A. No; I am only here to-day, because I was brought up in another case.
COURT. Q. What time was it when you were called in? A. I went on duty at 8 o'clock in the morning, and saw the two waiters, and they first gave me information of it.
JOHN WEBB re-examined. It was from 20 minutes past 6, to 25 minutes to 7 o'clock, when I was awoke—I did not look at any clock—when I had finished dressing myself, it was 10 minutes or a quarter to 7 o'clock.
Cross-examined. Q. How many times altogether have you been in prison? A. About three or four times, I think—I was with the person who kept this house before Mr. Hudson—I was accused of stealing some money from a fellow servant—I was not discharged for stealing a bottle of spirits—I was discharged, I cannot say what for; the only reason given was for getting a little too much to drink—I did not steal the drink—I was accused of robbing a man of his watch in a water closet, while he was asleep—I was
accused of stealing a watch from the Vauxhall railway station—I was not charged with wearing clothes which the woman I lived with was charged with stealing—I bought the clothes of a Jew in the street, and wore them till they wore out—a man said they were something like his clothes—I had a licence as a cab driver—I have lost one for misconduct—I had two months imprisonment for using a licence in a false name; it was no false name at all—they said it was, and I was convicted—I have not been able to get one since—I am not trying to get one by obtaining a good character as a witness in this prosecution—I have never said so—I have been fined 7s., 8s., or 10s. for plying for hire within eight feet of the kerb; that is what I have been in prison for, not for dishonesty.
NOT GUILTY .
59. PHILBY FISH, HERBERT FISH , and WILLIAM ROBERTS , burglariously breaking and entering the dwelling bouse of Richard Alliston, at St. Martin-in-the-Fields, and stealing therein 6 opens glasses, 78 costs, and other articles, value 111l. 1s.; the property of Charles Spyrus Edmiston.
MR. COOPER conducted the Prosecution.
CHARLES SPYRUS EDMISTON . I reside at Surbiton, and have a shop at No. 416, Strand. On the night of 9th Oct. I left the shop, but did not see to the fastenings; I never do—there were in the shop India rubber coats, and so on—on my arrival, at about half past 10 o'clock on the following morning, my attention was called to the shop; it had been broken open—several drawers had been prised, but not opened—the goods had been carried out across the leads, and down a staircase into the front passage—I missed twelve alpaca coats, fourteen India rubber coats, some railway wrappers and a strap—these articles (produced) are mine—I saw them safe the night before—they are worth about 150l.—I know this strap by the writing on it.
Cross-examined by MR. RIBTON. Q. Have you a lodger in the house? A. Yes—he was left there that night—he is not here.
Cross-examined by MR. SLEIGH. Q. Have those rugs a mark on them? A. Yes, in my writing.
RICHARD CHECKLEY (police inspector, E). On 19th Oct, at half past 11 o'clock, I went into Fox-court, Gray's-inn-lane, in plain clothes, and shortly afterwards Philby Fish came through the court—I took hold of him, and said, "Phil, I want you for the robbery in the Strand"—he said, "I know nothing about it"—I said, "That will not do for me, I must search your lodging"—he walked on to No. 9, Holborn-buildings, and I by his side—he went up stairs, stopped at the back room on the first floor, knocked at the door three times, and said, "Nell, Nell, Nell!"—no answer was returned, and he said to a woman who was lodging in the next room, "Lend me your key, will you?"—she said, "My key well not fit your room"—I directed sergeant Chown, who was with me, to break open the door—he did so—Fish went in and said, "This is my room, do what the b—h—you like"—Chown searched the room, and under the top covering of the bed he found these two rugs and strap—I then took him into custody, and when we got into Holborn, I was in the act of putting him into a cab, when six or seven thieves surrounded me, and the prisoner kicked me violently on the legs, and threw himself on the ground—I was obliged to take out my pistol before I could get clear of them—I searched him, and found 10s. 6d. on him—next morning I placed him between two or three other men, and M'Evoy picked him out, and he picked out the others in the same way.
Cross-examined by MR. SLEIGH. Q. Did you know where he lodged
when you spoke to him? A. Yes—I had not been there—I did not ask him where his lodgings were, he knew that I knew—he did not say that it was the room of a woman whom he was in the habit of visiting, he stood dumb—it is not a common lodging house, because every person occupies their own room—I think there is one female in each room—it was a prostitute whom he asked to lend him the key—I do not think the woman he lives with is a prostitute, but she always lives with such men as Fish; she has lived with him nine months—three or four men whom she has lived with have been transported—I do not believe other men have visited her at the same time.
MR. COOPER. Q. Did not he say, "This is my place?" A. Yes, and he knew that I knew it, because I sent a sergeant some little time back to search his lodging, in consequence of a robbery.
JOHN M'EVOY . I am a stone dresser, and live at No. 9, Husband-street, St. James's. On this morning, at 6 o'clock, I went to work in front of Mr. Edmiston's shop, and at about 10 minutes past 6 o'clock saw the prisoners come out, Philby Fish first, Herbert next, and then Roberts, who carried a bundle—I had not known them before; I am sure they are the men—I identified them at the station from among a number of constables in plain clothes—they were not two yards from me—it was light.
Cross-examined by MR. SLEIGH. Q. Were there a good many men employed with you? A. Yes, thirteen or fourteen, but no one was nearer than I was—they had not the same opportunity of seeing that I had, I was fifty yards from them—it was perfectly light—I gave information to the police at about 7 o'clock, or a little after—the men went towards Temple Bar; they said, "Look alive, or else we shall lose the train"—I was on the same side as the Adelphi—Mr. Edmiston has a shop on each side of the Strand—it is the shop on the same side of the Adelphi to which my evidence points—I identified Philby Fish in the yard—I was kept in a room by myself till he was intermixed among several constables in plain clothes—there were about seven constables in all—they were all constables but the prisoner—I did not know that to be so, but if I was to see you once, I should know you again—I know that they were policemen, because I have seen them since—Fish had on a blue pilot coat.
Cross-examined by MR. RIBTON. Q. Did the men come out quickly? A. No—Philby Fish came out first, and returned back again to shut the door, which he left ajar; the others were then about a couple of yards from him, going towards Temple Bar—I was then only two yards from him, from the kerb to the street door—I did not say anything to them—I was taking one of the kerb stones which was worn out, and was going to refaoe it—I kept looking at them—I did not go on with my work for ten minutes—I told a couple of my mates of it—I saw Fish on the Monday following, and Roberts on the Thursday—M'Kenzie is the constable I informed; he is not here—a private constable came for me at night to my house; he said that the third man was in custody, and could I go and identify him—I went the same night—there were about four mixed up with him, and he made five—the inspector in the office told me to look and see if I knew anybody there, and I put my hand on Roberta's shoulder—I have had no money from the police—the prisoners were out of sight when I spoke to my mates—I was near the Adelphi—I could see them a long way up the Strand, beyond Southampton-street—I did not go to my mates, they were fifty yards off; some of them came up to me; if they had not, I should not have told them till breakfast time—if I thought the prisoners had committed a burglary,
I could have apprehended them, but I thought they were some of the shopmen come out of the place, or some one belonging to the premises—what drew my attention to them was this: on the day before, when I wads dressing a stone, the shopboy came out and began to beat a mat close to my face, and I thought I was going to have the same again—I have only seen Checkley once since the prisoners were committed, nor yet any of the other officers.
FREDERICK WILLIAM WOOTTON . I am in the employ of Mr. Edmiston. On the evening of 17th Oct. I closed the shop, and all the fastenings were safe—at 25 minutes past 7 o'clock in the morning, I received information, and on entering the place I saw a great pile of goods in the passage; I could scarcely enter the door—one of the side shutters was taken down bodily, with three bolts in it, and left in the passage—the door of the dwelling house passage had been forced open; the skylight on the leads was broken into, and forcibly wrenched back, with the bare all taken out—the house had been entered by the back door—they had broken open the sash and two windows, and had drawn the bolts of the side sash which leads on to the leads.
PHILBY FISH— GUILTY .
HERBERT FISH and ROBERTS— NOT GUILTY .
(Philby Fish was farther charged with having been before convicted.)
GEORGE CLARK (policeman, E 145). I produce a certificate—(Read: "Clerkenwell Sessions, May, 1853, John Kent, Convicted of housebreaking; Confined twelve months")—I was present at his trial, and had him in custody—Philby Fish is the person—he has been tried twice since for burglary, and acquitted.
GUILTY.** Aged 26.— Six Years Penal Servitude.
NEW COURT.—Thursday, November 27th, 1856.
PRESENT—Mr. Ald. KENNEDY; Mr. Ald. HALE; and MICHAEL PRENDERGAST, Esq.
Before Michael Prendergast, Esq., and the Sixth Jury.
PLEADED GUILTY . Aged 25.— Four Years Penal Servitude.
PLEADED GUILTY. Aged 24.—Recommended to mercy. — Confined Three Months.
MR. ROBINSON conducted the Prosecution.
HENRY FREDERICK YOULE . I am one of the clerks at Guildhall. I have the complaint made by the parish officers of Whitefriars—it was given in, in Court—it was read over, but not in the presence of the prisoner—(Read: "The complaint of Frederick Mullett Evans, one of the overseers of the poor of the precinct of Whitefriars, in the City of London, made on behalf of the overseers of the poor of the said precinct of Whitefriars, and with their assent, unto us, two of Her Majesty's Justices of the Peace in and for the said City and the liberties thereof, at the Guildhall in the said
City, this 1st day of Nov., in the year 1856; who saith, that James Henry Wright, his wife May Maria, and their child Emma Rosina, have lately come to inhabit, and are now inhabiting in the said precinct of Whitefriars, endeavouring to settle there contrary to law, not having resided in the said precinct five years next before the said application and complaint, and not having gained a legal settlement there, nor having produced any certificate acknowledging them to be settled elsewhere; and that on 18th Oct., 1856, the said James Henry Wright, bis wife and child, became chargeable to the said precinct of Whitefriars, and from thence hitherto have been relieved by, and are now receiving relief from the said precinct of Whitefriars; the said Frederick Mullett Evans therefore prays that the said James Henry Wright may be duly examined as to the place of his legal settlement, and further dealt with according to law. Frederick Mullett Evans, overseer. Taken before William Lawrence and Robert Walter Garden.")
COURT. Q. How do you know this was preferred by the overseers? A. It was brought by the overseer on 1st Nov., and the hearing took place on the same day—Whitefriars is in the City of London Union—I believe the prisoner was sworn on that occasion—the Magistrate had the complaint before him when the prisoner was examined—there was nothing read over to the prisoner in the presence of the Magistrate—the overseer brought him up, and he was gone.
COURT. Q. How do you remember his being sworn? A. There is nothing particular to call it to my recollection, but I recollect it perfectly well—I recollect giving the book to him—I knew him, having seen him there before—this was on 1st Nov.—I did not see him write this name—I did not hear it read over—I am in and out of the Court frequently—I remember administering the oath to him—it was with respect to the parish—I know that by the examination of Mr. Martin, his asking him questions on the same occasion—I recollect his calling his attention to how long he had slept in Lambeth, and his calling his attention to three persons who stood by his side of the name of Davis—I have no recollection of the paper being read over to him.
GEORGE MARTIN . I am chief clerk at Guildhall police office. I have the notes, in my own writing, of the prisoner's examination on this complaint—I have, the original notes, signed by the prisoner in my presence—it was read over to him in my presence—I know that he under-stood it—I saw him sign it—(Read; "The said James Henry Wright upon his oath saith: 'I am twenty-nine years of age—I have been an inmate of the City of London Union at Bow—the signature, James Henry Wright, to the indenture of apprenticeship now produced, is my signature, dated 19th Sept., 1840—after I signed the indenture I went to live with my master, in the New-cut, Lambeth—I went straight from Guildhall, where I signed the indenture, and went to my master—I slept in my master's house—I slept in the same bed with my master's son, now present, as far as I recollect; it is a long time ago—it was a fortnight or three weeks that I slept in my master's house, and then I left my master's service, without his permission—I never returned to my master's service—I swear that I have not lived in my master's house for a longer period than three weeks—I swear that I did not serve my master for a longer period than three weeks—I know the three persons present—one is my former
master, the other is his son, the other I believe to be my master's father—I still swear that I did not serve my master as an apprentice for a longer period than three weeks. James Henry Wright")
COURT. Q. Is the subscribing witness to the indenture present? A. No, he is dead.
(THE COURT was of opinion, that the subscribing witness not being present, there was no legal evidence before the Magistrate of it being cm indenture. MR. ROBINSON subrmtted, that as the prisoner admitted that he was bound apprentice by that indenture, that was sufficient. THE COURT did not think that a pauper making an admission at all bound him without the indenture being proved: and apprehended that the whole of this was immaterial; but would not stop the case.)
GEORGE MARTIN re-examined. The evidence was read over to the prisoner with a view of affording him every possible refutation, and giving him the greatest caution—I had those three persons produced before him—I asked if he knew them, and notwithstanding that, he made the statement which I have taken down—one of the three he pointed to as his master—that person is now here—this is him (looking at him)—this is his son, and this is his cither—these three persons were brought forward, and I asked the prisoner whether he knew them—he said he knew his master, and his son, and he believed the other to be his master's father—there was a further statement made by the prisoner after the Magistrate gave him the usual caution—he made a statement, which I took down verbatim when he was committed—it was before Sir Chapman Marshall—(Read: The said James Henry Wright saith, as follows: "About six years ago, when my mother was alive, she asked me, before she died, if I wished to know my parish—I went with her to the churchwarden, and saw Mr. Jackson, a father-in-law of mine, the beadle, and then I went to the vestry clerk, and then Mr. Jackson traced out my parish to my father's father—there it states that I belonged to St. Faith—about three years after my mother died, and then Mr. Jackson said I did not belong to St Faith, and I went to Bow, and he passed me, and I have been eighteen months on the pass, but have not been passed yet, and then I went to live in Whitefriars."Taken before me, at the Guildhall Justice Boom, London, on 3rd Nov., 1856. Chapman Marshall.)
JOHN SAUNDERS . I am master of the union Workhouse, at Bow. I recollect the prisoner being there in 1852; that was the first part of my service; but our books show that he had been there before—I know that he was chargeable to St. Faith's parish—I recollect the time when he was about to be removed to Lambeth, it was in the early part of this year—the clerk of the Lambeth Union came and took the elimination of the paupers—I was in my office at the time we sent for the pauper, and on the second occasion he committed an assault on one of the officers—he was in the City sssprison at that time—he came back again, and he discharged himself voluntarily—I heard him speak about Lambeth in a jeering way—he said he preferred the City of London to Lambeth, and we should not catch him going there—I heard him say so three or four times.
COURT. Q. He said it in a jeering way, which others have also done? A. Yes, they have—his precise words were, "You won't get rid of me yet"—he was always very insolent.
Prisoner. Q. Have you anybody present who heard me say so? A. Not that I am aware of.
(The indenture of apprenticeship being here handed to the witness, the COURT was of opinion that the witness could not be allowed to look at it, as the subscribing witness was not present, and his death had not been proved. MR. ROBINSON proposed that the witness should refresh his memory with the date on the document. The COURT could not allows the document to be put in; and if the attesting witness could not be called, evidence of his handwriting might be given,)
MR. ROBINSON. Q. Did you see Mr. sign this document? A. I do not know him—I recollect the prisoner coming to work at my place.
COURT. Q. Did the clerk at Guildhall sign this paper? A. Yes, he did.
(The indenture was hers put in and partly read, in which James Henry Wright, by the consent of the Overseers of the parish of St. Faith, put himself apprentice to Charles Davis for the term of seven years, to learn the art of a boot and shoe maker, etc. Dated 19th Sept., 1840, and signed, James Henry Wright, Charles Davis. Witness, James Alexander Teague.)
(The COURT was of opinion that this would not do, as the law stood at that time. Here was a binding out of the City of London, and there should be the approval of two Magistrates of the parish in which the party was bound; no settlement could be gained under this without the approval of the Justices of the County. He was a poor child of the parish, and, being a pauper, the Magistrates had so treated him. MR. ROBINSON urged that this teas not a parish indenture, it was under the will of a particular person; and if the binding fee came out of a sum left by an individual, it could not be by the parish.)
Prisoner. I was in Norwood School, and was taken out there.
COURT to CHARLES DAVIS. Q. Was he not in Norwood School? A. Yes, and he was taken out there to be bound to me—he was brought up by the overseers of the parish.
(The COURT was of opinion that this parish binding was invalid, that no settlement was gained, and that the prisoner could not be convicted of perjury on this ground; here they had the approval of the Justices of the City, but not of the Justices of the County, in which he was bound; that the prisoner might have sworn falsely, but he could not have sworn falsely in a point material to the issue, and therefore directed the Jury to find the prisoner NOT GUILTY .)
OLD COURT.—Friday, November 28th, 1856.
PRESENT—Mr. Baron ALDERSON; Mr. Justice COLERIDGE; Sir ROBERT WALTER GARDEN, Knt., Ald.; Mr. Ald. ROSE; and Mr. Ald. HALE.
Before Mr. Baron Alderson and the Fourth Jury.
MESSRS. BODKIN and CLERK conducted the Prosecution.
house—it is a ground floor building—there is no room or building over it—the front of the shop ia about four feet beck from the-street—the shop is about three feet and a half deep inside, not more—I do not know the length of the frontage—there is a door in the middle, and two windows, one on each side the door; it is a double door, it wings in two parts—the left hand side is the side where I generally sit, what we call the business side, and the right hand side is where the deceased worked—there is a counter on the left hand side of the door, which has a flap that lifts up to admit you behind the counter—that counter is about two feet in breadth—there was no counter where the deceased sat, only a work board in front of him—that part was not open to the rest of the shop—it was inclosed with a small glass frame, and a little door that went into it—it was separated from the shop by a glass partition and door—the deceased bad been in my employment ten years, working in the shop, and two years previous to that he had worked out of doors for me—the stock that I had in my shop was packed up securely at night, and placed away—I was generally at the shop till 9 o'clock in the evening; that was the time of closing—the things were packed up before we closed, and put in a secure place—that secure place was in the shop on that occasion—nobody was left there at night—Cope generally left at the same time as I did; if I was not there, he brought the keys to Pirnlico to me—he brought nothing but the keys, and a blue bag, containing a box—if; we both left together, Cope carried the bag—it contained an empty square box—I did that every night—if I left first, Cope used to come with that blue bag and box to my house at Pimlico.
COURT. Q. What was the nature of the stock that you kept in the shop? A. Watches and jewellery—they were exposed for sale in the windows during the day—I used to close the shop windows before I packed up the things.
MR. CLERK. Q. Were there outside shutters to the shop that you put up? A. Yes—at this time of year we put them up, perhaps it might be, at 10 minutes or a quarter past 9 o'clock, not later, just before we left—we first put up the shutters, then packed up and secured the things, and then left—I was at my shop on the night of 20th Oct.—I left at a few minutes past 8 o'clock that evening—at that time the shop windows were all open—I burn gas—I left Cope in the shop, at the mde he worked, on the right hand side, behind the glass door—I returned to the shop at a few minutes past 9 o'clock, that same evening—Cope was then in the shop, on my side, the left hand side, behind the counter—when I left he would go there to serve customers—I stopped there, I should say, ten or twelve minutes at that time, I should say not more than twelve minutes—I left the shop open when I went away, and left the deceased behind the counter—he had packed up the stock on his side, which was watches left for repair, and other things—he had not put up any part of the stock on my side; that was all in the window, and on the counter—when I came to the shop about 9 o'clock, I brought in with me a flag basket containing a cod fish; it was a square, flat basket, made of rush, perhaps a foot wide, and fifteen inches long—very likely the tail of the fish hung out—I placed the basket in front of the counter, and left it there—I left directions with the deceased to bring it to Pimlico with him when he had closed the shop—if the door was opened on the left hand side it would partly hide the basket; it was at the side next the counter—I left Cope in good health when I went away; he was in his usual health; he did not complain—he had complained in the morning of a stiffness in his knee—he was a cripple, poor fellow.
COURT. Q. Had he any cough? A. No.
MR. CLERK. Q. Was he a little man? A. Very small—his usual time of getting to my house after shutting up, was about 20 minutes 10 o'clock—I had occasion to go to Long-acre on business, and returned to the shop, in Parliament-street, that same night—I then heard what had happened—I did not go to the hospital that night; I went next morning, but was not allowed to see Cope—I saw him twice before his death—I was at the hospital twice every day while he was there.
Cross-examined by MR. SLEIGH. Q. How long had he been in your service? A. Ten years, in Parliament-street—during the whole of that time I never heard him complain much; I never heard him complain of an attack of rheumatism within the last year—he had not complained during the past year of any affection of the chest, any cough, or anything of the kind—he never complained to me of any cough—when I left the shop on the night in question, the shutters were not closed; they were not closed on the side where he worked—the basket I speak of was an ordinary, light-coloured, rush basket—the blue bag with the box in it was not removed that night; he had not had sufficient time to pack it up when the attack took place; I found it at the shop next day; it had never been moved at all—the fish basket was the only thing I missed; that was gone next morning.
MR. CLERK. Q. Where was the blue bag kept, in which the things were packed up? A. Behind where I stood, on my side, inside the counter—it would not be seen by anybody outside.
GEORGE LERIGO . I live at No. 11, Chapel-street, Oxford-street. I am a porter at a milliner's, at No. 257, Regent-street, in the Circus—I am twenty-three years of age—on the night of 20th, Oct, I was passing along Parliament-street, on my business; I was going in a direction from West-minster-bridge towards Charing-cross, going through Parliament-street, on the same side as Mr. Berry's shop—it was about half past 9 o'clock—as I was passing Mr. Berry's shop my attention was attracted by hearing a groaning from the interior of the shop; it was a groan that you would hear from a man that had been struck down, as if from a person suffering—I looked towards the shop, and saw three men outside the shop; they were close to the door, apparently looking into the shop—the door of the shop was open about an inch, on one side—one side was fastened, and one side was open about an inch—that was the right hand side as I looked in, the side next to Westminster-bridge—that would enable a person looking through that opening to see the counter—the door opens inside—the men were looking through that aperture; the shutters were up of both windows, and also the shutters to the door—I did not at first look in at the opening—I spoke to the men, and said, "What is that?"—they answered that it was a man and his wife quarrelling, and I walked on a little distance, about six yards; I had not got so far as the mews belonging to the houses in Richmond-terrace—I then returned, not feeling satisfied with the answer I had received from the men—I went up to the door—the three men were still there, outside the door—the door was still ajar; I went and pushed it open wider—I then saw Robert Marley.
COURT. Q. Was there a gas light in the shop? A. There was, it was close to the deceased, near the counter, fixed—it comes from the counter up near the window.
MR. BODKIN. Q. What did you see? A. I saw that man (pointing to the prisoner)—he was standing on the left hand side of the other man, whom he was striking, he was leaning over the counter; he had a life preserver in
his hand, and was striking with it—I could see who it was be struck—he was striking a man who I believe was named Richard Cope; he way crouched down behind the counter—I could see what part of his person he struck, on the left side of his head; he had no hat, or any covering on his head—I saw him strike three or four times—I then turned round and asked the persons that were passing by for assistance—I mean the persons passing to and fro.
COURT. Q. What had then become of the three persons that were looking in at the door? A. When I turned round to ask for assistance, they were gone from the shop door; I called to the ordinary passengers that were going by.
MR. BODKIN. Q. Did some of them come up? A. No; they stood where they were in passing, and looked in; they stood about a yard from the door, the pavement rises a little; they stood on the level of the pavement—the prisoner then turned round from the man he was striking, and picked up a parcel, and a piece of cigar lighted, and pushed past me—he picked up the parcel from the floor, about a yard from where he was striking the man, the opposite side of the shop; he had the life preserver still in his shand, he did not part with that—I had not an opportunity of seeing much of the parcel, he pushed past me very quickly—I did not take particular notice of the parcel, I looked in his face—it was not a blue bag; I could not say what it was, it was a parcel—he carried it before him—I did not see any other parcel on the shop floor—when he got out of the shop he went in the direction of Westminster-bridge—I followed him; but before that I said to the people that were still standing outside, "There he goes, won't you secure him?"—they did not interfere—I then pursued him, alone—he went up Parliament-street, till be came to Derby-street, and went down Derby-street into Cannon-row—I did not call out then, not till he had got about twenty yards up Cannon-row—he turned round, and observed that he was pursued—I had not called out before that—I did not observe anybody pursuing him but myself; there were several persons passing at the time; he then began to run—up to that time he had walked—I then cried out, "Stop him! stop him!"—when he got to the end of Cannon-row, he crossed Bridge-street, and went through the court that leads into Palace-yard; there were a number of persons then following in the pursuit, following me—he was stopped in Palace-yard by Allen, the waterman—I came up with him—he was brought back to the shop.
COURT. Q. From the time that you saw him leave the shop, turn to the left, and go down Palace-yard, did you lose sight of him? A. Not above a minute, that was when he turned the corner of the passage into Palace-yard, where he was secured—I kept sight of him till he turned the corner of the passage into Palace-yard.
MR. BODKIN. Q. Did you see which way he turned when he got to the end of that passage? A. Yes, I did; to the right.
COURT. Q. That would take him towards Canning's statue? A. Yes.
MR. BODKIN. Q. During the tame that you were following him, did you notice the parcel that he had? A. I noticed it till he began to run—I did not see it when he began to run; I noticed it in his hand till he got up Cannon-row; and when he began to run, I did not see it in his hand then—I noticed it until he began to run; he had it till then—when I got back to the shop, I found the deceased in the care of some persons, he was in the act of being brought out—he was taken to the hospital.
COURT. Q. Was there any other person in the shop when you looked in,
except the deceased and the prisoner? A. No; it was altogether a false-hood about there being a man and his wife quarrelling; there was no woman there.
Cross-examined. Q. When you spoke to the men outside, was not the answer given, "I suppose it is only a man beating his wife?" A. No; he said it was only a man beating his wife—there was only one of the doors open; the one nearest Westminster-bridge; it was open about an inch—I could distinctly see the counter through the aperture, the counter on the left hand side of the shop; not the first time: I could not see anything that was going on inside the shop until I went back—I did not look in the first time, I only stopped—the parcel that the man had, I should say, was about a foot long, and about three quarters of a foot wide, according to the way he carried it—I cannot state the colour of it; it was not a very bulky parcel, it appeared to be about three or four inches thick, not more—I did not notice other persons pursuing until I began to halloo; there were several persons walking behind me—the man had got about six or eight yards from the shop when I began to follow him; before he got to Gannon-row the distance between us had increased a little—he walked faster than I did—at the time he turned the corner of Derby-street, I did not notice other persons joining in the pursuit; Derby-street is a very narrow street.
Q. Had the man got round the corner of Derby-street, into Cannon-row, at the time you got into Derby-street yourself? A. No; not sufficiently for me to lose sight of him—I kept sight of him all the time—I was half way down Derby-street before he turned into Cannon-row—several persons followed in pursuit in Cannon-row; no person got in advance of me, I did not see any one—I was crying out, "Stop him!" as I crossed Bridge-street—persons from Bridge-street then joined in the pursuit behind me—they followed me; I was first—before getting into Palace-yard I lost sight of the man, but not more than a minute—when I got into Palace-yard, he had been stopped by Allen; I found him secured—there were no other persons with Allen assisting him in detaining the prisoner, he was the only party that had got hold of the prisoner; but several men from the cabs came round him, and a crowd followed me in the pursuit—when I came up, I said, "For God's sake secure him, for I think he has murdered a man"—I did not hear the prisoner say anything on that—I did not hear him say, "It could not be me, I have not done anything"—I believe he spoke to Allen when he kid hold of him by the throat, and said that the proper place to lay hold of a man was by the cuff; but I did not hear it—he said at the station that I had made a mistake, it could not be he—I did not hear him say at the time he was seized, "I have done nothing wrong, hold me by the arm, if you want to take me; it is not I;" or anything to that purport—when I and Allen took him back to Mr. Berry's shop I did not see the witness Jinkling there—I did not notice that any of the persons who were assisting the deceased out of the shop laid hold of the prisoner, or in any way assisted in conveying him to the station—the deceased was being brought out of the shop at that moment, he was half way out and half way in—the prisoner was taken close to the deceased; they were carrying him to place him in a cab, and the prisoner stood there while he was being conveyed to the cab—I did not come in contact with the deceased, or touch him—my hands did not get any blood upon them in any way.
MR. BODKIN. Q. You say that the only time that you lost sight of the prisoner was for a moment, when he turned the corner of the passage into Palace-yard? A. Yes; I did not lose sight of him at the corner of Derby-street—I
street—I was not above three yards from him then, but he increased the distance, he walked faster—the only time that I lost sight of him was when he turned to the right at the corner of the passage, and not above a minute after I found him in custody of Allen—I did not see anybody between me and him.
COURT. Q. Where were you when you lost sight of him at the corner of Palace-yard? A. I was in the court when he turned the corner, and when I got to the corner he was about ten yards ahead of me, running still—I was running after him—I found him in Allen's custody when I had got, say twenty yards, from the corner—the whole period of time that elapsed from my losing sight of him, till I found him in Allen's custody, was the time during which I had run thirty yards.
MR. BODKIN. Q. When he was brought back an officer accompanied you, did he not? A. He met us in Parliament-street, and we told him to go to the shop and assist the wounded man, and he did so.
COURT. Q. Did you see the man in the shop? A. I did, when he was striking the deceased—I saw his face in the shop—there was a good gas light—the prisoner is the man—without having followed him as I did, I could hare identified him by what I saw in the shop.
JAMES JINKLING . I am a grocer, living in Liverpool-street, King's-cross. On the night of 20th Oct, I was passing along Parliament-street, about twenty-five minutes past 9 o'clock, I was coming towards Charing-cross from Westminster-bridge, on the same side as Mr. Berry's shop—as I passed the shop, my attention was attracted by several persons standing outside, there might be five or six, or there might be more, I did not count them—the door of the shop was about three or four inches open, the side nearest the bridge—I did not hear any noise—I did not go up to the door—I stood on the pavement, and saw a man inside, in the act of striking—I could see that from the pavement—he was standing against the counter, he appeared to be striking in a direction just at the end of the counter—he had his arm lifted up, and was striking over the counter—I did not see what he was striking at—I remained standing in the same position, on the pavement—I then saw the man take up a parcel and put a cigar in his mouth, and come out—he took the parcel from the floor, from the front of the counter—I could not see the face of the man so as to recognise him again—when he came but, he pulled the door to after him, and walked away towards Derby-street—I followed him—I did not look into the shop before I followed him—the door went open again—I then saw a man lying on the floor, bleeding from the head—I then went in pursuit of the man that had come out of the shop—he had not then turned the corner of Derby-street—I saw him turn down Derby-street—I followed him down the street—I was from fifteen to twenty yards behind him as he was going down Derby-street—he was carrying a parcel in his hand—I had seen him bring a parcel out of the shop—he was walking when he went down Derby-street—he turned to the right, into Cannon-row—I followed him—as soon as he found that he was pursued he started running—I did not observe him look round—I ran after him—he crossed Bridge-street, and through a court into Palace-yard—I followed him until he was stopped by the waterman in Palace-yard—I was about ten yards behind him when he was stopped—I had only lost sight of him in turning the corner into Palace-yard.
Cross-examined. Q. Then in point of Act you were not present at the moment this man was stopped by Allen? A. No, I was not—I came up immediately afterwards—the parcel that I saw I thought was either a
black leather bag or a parcel done up in black leather—it was not very large, not more than a foot long, it did not appear very bulky—he was carrying it in his right hand when he came out of the shop—he had not it in his hand when he went over Bridge-street, at least I did not observe it then—so long as I did observe it, it was in his right hand—I saw it in hie hand when he was running—I saw the witness Lerigo—I had seen some one standing near to me at the shop door, with a box on his back—I did not know him at the time, I now know that it was Lerigo—I could not say positively which started first in pursuit of the man that came out of the shop, I or Lerigo, but I believe Lerigo started first; we both started almost at the same moment—I saw some men standing outside the door before I looked in—I could not see what was going on in the shop further than one man striking at something—the aperture of the door was not large enough for me to see into the other portion of the shop.
COURT. Q. The aperture looked towards the counter, did it not? A. Yes, it was that part of the door which opened on the right side—it opens inward—that would enable a person looking through it to see the left side of the shop—it was only open about two or three inches—I could just observe the counter, and the man in the act of striking—I believe there were two or three gas lights in the shop—it appeared to be very light.
MR. BODKIN. Q. You were on the level of the pavement, I understand? A. Yes, the approach to the shop is raised a little above the pavement—I do not know how much; not a foot; not more than two or three inches—when I looked from the level I was on into the shop through the aperture I could not see anything behind the counter.
COURT. Q. You were four yards from the door? A. Yes, quite—perhaps it might not be so much—I did not hear what passed between Lerigo and the prisoner when he was stopped by Allen—I went away directly.
FREDERICK BERRY re-examined. The pavement in front of my shop is elevated a little above the level of the common pavement—it is as near as possible the height of these three books from the footpath (about three inches,) and I should say it is four feet from there to the entrance of my shop—you do not step up again to enter the shop—it is level, not an inclined plane.
HENRY CROFT . I reside at Wokingham, in Berkshire—I am out of a situation now—I have been endeavouring to procure one—I was going past Mr. Berry's shop in Parliament-street on the night this happened—my attention was attracted by a faint cry of "Murder!" from inside the shop—it was about half-past 9 o'clock—there were some persons about the door at that time—it was partly open, so that I could see into the shop—I could not see the counter—I was coming towards the House of Lords from Charing-cross—I stopped and looked in at the opening of the door—I had just got opposite to the door—I remained on the level pavement—I turned round and looked into the shop—one of the doors was partially open—I think it was the left-hand door—it opened towards the inside—I was rather past the door—I saw into the shop, and saw the prisoner—he was striking some one—I caught a glimpse of the other person—he was standing either at the end of the counter or behind it, I think at the end, where the flap is—I did not notice whether that was the person whom the prisoner was striking—the prisoner had something in his hand that he was striking with—I could not see what it was—he had something.
COURT. Q. You say "the prisoner;" do you mean to say you could identity the prisoner? A. Yes; I am sure it was him—I saw the left side
of his face, and I sstood as he came out of the shop, and saw his full face, and I stood there when he was brought back—I only saw his side face when he was in the act of striking.
MR. BODKIN. Q. How many times did you notice his striking? A. Four or five—I remained until he came out—I saw him take up a flag basket before he came out of the shop—I believe he took it off the floor—he came out with it—I saw it when he came out—I had an opportunity of seeing hie full face as he came out—he went towards the House of Lords—I did not follow him; I remained until he was brought back in custody—I did not go into the shop after he went away—I saw the deceased afterwards brought out wounded, but I was not close enough to him to get a good view of his face—as the prisoner was striking the blows, a man passed me, and said it was only a man beating his wife—he was passing me quickly—I did not notice the last witness there.
Cross-examined. Q. When the prisoner was brought back by Allen, did Allen say "I have got him; here he is?"A. Yes.
Q. Then when you heard him say "I have got him; here he is," you had no doubt at all about his being the man you had seen striking the other in the shop? A. No.
MR. BODKIN. Q. When you first saw him, did you recognize him as the person you had seen leave the shop? A. Yes.
COURT. Q. Then your attention was called immediately afterwards to the prisoner as being the man? A. Yes—I then knew that I had seen him just before.
Q. What was your opportunity of seeing him when he came out; how was he dressed? A. In a dark coat and dark bowsers, and a black silk has—the shop was light from gas light, I believe—there was gas light when he came out; it was rather dark just in front of the shop—I did not see his full face till he came out—it was by the light in the shop that I saw his side face—I identify him by his full face when I looked him full in the face, and I could identify by his side face also—I have no doubt about his being the person that came out of the shop.
JOHN THOMAS ALLEN . I am the attendant at the hackney carriage stand in Palace-yard. I was on duty there, at the cab stand, on the night of 20th Oct.—about half past 9 o'clock on that night my attention was drawn by some persons running and calling—I was then between the cabs on the stand in Palace-yard—my attention was called by a mob of persons calling out, "Stop him! stop him!" and I saw the prisoner running, by himself, from the direction of the Hone Shoe and Magpie-passage, leading into Palace-yard—that is a foot passage that comes from Bridge-street into Palace-yard—I saw the prisoner running from there—he was at the head of the whole of the people—the next person to him was, I should say, somewhere about fifteen or twenty yards off; that was Lerigo; he was calling out, 'Stop him! stop him!"—the prisoner was running in the direction of George Canning's statue, turning round by the iron railings leading round by St. Margaret's Churchyard—I ran after him, and overtook him—I was the first person that came up with him—I caught him outside the railing, just before he was crossing the road, on the pavement, on the same side as New Palace-yard is—Lerigo came up immediately after I had stopped him—he said, "Oh, sir, for God's sake, don't let the man go! don't let him go, for he has nearly murdered a man!"—I said, "Where is the man?"—he said, "Oh, I will show you, sir! I will show you!"—he could not tell me where the man was, he was so exhausted with running after the prisoner—I
I told him to lead on, and I would follow him with the prisoner—I took him with Lerigo to the place in question, in Parliament-street—I saw the deceased, Richard Cope, in the hands of two policemen—he was bleeding; he was outside the shop; the shop was shut up, and the door was shut, and that was what took my attention, the deceased being my own brother-in-law—I married his sister.
Q. When you first saw the prisoner running in Palace-yard, did you see whether he had anything in his hand? A. He had a lighted cigar in his left hand, but nothing in his right hand—I did not see him do anything just before I took him, for my attention was particularly directed to stopping the man—I did not notice what he had in his hand, or anything of the kind, because I seized hold of him from behind—I did not see anything picked up.
COURT. Q. Tell me as exactly as you can where you took him into actual custody; how near to Canning's statue? A. Somewhere about thirty yards; it was on the pavement, outside the cab stand—there is an iron railing just between the stone post and the lamp post; not the part where the carriages come into Palace-yard; but nearer the terrace, nearer Fendall's Hotel; he was coming as if he was coming from Fendall's Hotel, turning round to the left—I first saw him come from the corner of the passage—he turned to the right, and ran along the terrace to the corner, where I took him—he did not leave the pavement and come into the car-riage-road; he was on the pavement where the public pass and repast—I took him on the pavement—he had got out of the yard, past the houses, and turned round to the left, as if he was going to George Canning's statue, outside the iron railing—there is an iron railing just where the table of fares it right in front of the cab rank; at the end of that it the terrace and Fendall's Hotel; he turned round, and bore round to the left, and I stopped him there, just before he got into the road—he went past Fendall's Hotel, end went into the street, just to the end of the kerb—he did not cross the road, he came down on that side, as if he was coming to the place where the cabs go into the Palace-yard—I took him before he got into that place.
MR. CLERK. Q. Just the time you took him, do you recollect whether you saw any action on his part? A. He dropped his right baud down behind him as I got hold of him by the wrist, in this way (giving a slight jerk)—that was just as I caught hold of him Just by the kerb, dose to the road.
Q. When you took him, or when he was taken back, did you observe the state of his hands? A. When I took him to the station, I observed that there was blood upon four fingers of the right hand.
Cross-examined. Q. When Lerigo came up, and made the exclamation which he did about this man having nearly murdered another, what did the prisoner say? A. He made no observation when Lerigo came up, but previously, after I had laid hold of him, he said, "Leave go; what have I done?"—I said, "I don't know what you hare done, but I shall not let go of you till I do know"—he said, "Lay hold of my hand; that is the proper way to lay hold of a man"—he denied having done anything at all—at the time I took him back to Mr. Berry's shop the deceased was outside—I did not render any assistance towards his removal to the hospital; my attention wan directed to the prisoner—I did not lay hands on him at all to assist in any way—he was in the hands of two policemen—I did not attempt to render him any assistance, by taking hold of him, or anything of the kind, not the least.
COURT. Q. Do you know whether the prisoner did? A. I know he did
not, because I did not allow him to go away from me—he wanted a cab—he did not touch the deceased after I first saw him—no blood could have come from the deceased to him, after I had him in custody—I should say there was or three yards' distance between us—the deceased was insensible at that time.
Q. What state of health had your brother-in-law enjoyed up to the day in question? A. I have been married about eight years, and I never knew him to have one day's ill health, with the exception of rheumatism in the legs; that was somewhere about four or five years ago—that did not continue—I never knew him to hare a day's illness from that time—for the last four or five years he had not had the rheumatism in the legs—he had no cough, I never heard him cough.
MARY WALSH . I am the wife of Walter Walsh, who lives in Sherrard-street, Golden-square. On the night of 20th Oct., I was coming from Millbank to Parliament-street—I went along the road by Palace-yard—I found this life preserver (produced) very near Canning's statue; it was on the foot pavement next to the statue—it might be about a yard from the statue, it was very near it—this was from half past 9 to a quarter to 10 o'clock—I took it home with me, and kept it until the 22nd; I then took it to Gardiner's-lane station, and gave it to the inspector.
Q. Are you quite certain that you found it on that tide of the road that is next the statue? A. Yes, not on the opposite side, I never was on the opposite side at all, I did not cross the road—I walked from Millbank, close by the railing of Si Margaret's church, and by Canning's statue, and it was close to there that I found it.
DANIEL BRADSTOCK (police inspector. I) was on duty at the police station in King-street, Westminster, on the night of 20th Oct.—the prisoner was brought there by Allen—he was charged by Lerigo with assaulting and wounding a man in Mr. Berry's shop 53 1/2, Parliament-street—he made that charge aloud, in the prisoner's hearing—the prisoner did not make any answer to it, or any observation—I observed at the time that the backs of the four fingers of his right hand were completely covered with blood—after he was placed in custody, I went to the house in Parliament-street—I found a quantity of blood on the floor of the shop, near the counter, on the left hand side of the shop, in front of the counter—I also observed that the walls, the flap, and the front and back of the counter were bespattered with blood—it had then got a little clotted—it was thicker than a mere sprinkle would be—it was as though you had taken some in your hand and spattered it against the wall—it looked just as if it had been spirted out from something at a distance, and hit against the wall—on Oct. 22nd the witness Walsh brought me this life preserver.
COURT. Q. Did you perceive a blue bag anywhere? A. Not at that time; the next morning Mr. Berry showed me a bag—I first saw it at the back of the counter, on the left hand side—I did not see it before Mr. Berry mentioned it to me; it was lying there, after he had seen it himself—he pointed it out to me as being the bag which the deceased was in the habit of carrying.
Cross-examined. Q. Did you cause search to be made along the route which it was supposed the man had run, for the purpose of finding any basket? A. I did, directly the prisoner was brought to the station—we could not find it.
Westminster hospital, where the deceased was—the prisoner was taken there at the same time—Mr. Jardine, in my presence, took an examination of the wounded man, in the presence of the prisoner—I took down in writing what he said—I now hold it in my hand—after the deceased had made that statement, I asked the prisoner if he had any question that he wished to put to the man—he heard every word of the examination, and I read it over to him—he heard the examination itself, he was standing at the foot of the deceased's bed, and heard the questions put, and the answers given—I reduced them to writing, as the deceased gave them, and they were read over to him ultimately; and I then asked him if he had any question that he wished to put to the witness—he said nothing, but shook his head—(The examination was read as follows:" Richard Cope being sworn, states,"I know that man—he is the man that struck me—I cannot say how many blows he struck roe, but he struck me with in life preserver")—that is the whole—he made his mark to it, and Mr. Jardine attested it.
Cross-examined. Q. I suppose you and Mr. Jardine were at the bedside of the deceased before the prisoner was brought in? A. We were, a little while—it was intimated to him by the house surgeon that we were about to take his examination, and that the prisoner would be brought in.
Q. I presume that this examination, "I know that man," was in answer to a question, "Do you know that man?" who was pointed out to him? A. No, it was not so; we were some two minutes in the room, by the side of the bed—the house surgeon wished that the unfortunate man should be prepared for our coming, and I sat down on one side, and Mr. Jardine on the other side of the bed—I sat close to the deceased's face—shortly after this the prisoner was brought in, and placed at the foot of the bed; the deceased man looked at him, and shuddered a moment, and I said, "Do you know any one here?"—he answered, "That is the man."
COURT. Q. Did he appear to be in full possession of all his faculties? A. Perfectly, and his articulation was at that time plain; I could hear every word as distinctly as I hear you now.
GEORGE HUCKLE (policeman, A 549). On the night of 20th Oct. I went to the shop of Mr. Berry, in Parliament-street, about half past 9 o'clock—I received information that something had taken place—when I got there the deceased, Cope, was out of the shop, and being dragged along the foot-way by five or six persons—I asked what they were going to do with him—they said to take him to Charing-cross Hospital—I instantly got a cab, and took him to Westminster Hospital, and the attention of one of the surgeons there was immediately called to him.
Cross-examined. Q. Were you present when the prisoner was brought back by Allen? A. I was—none of the persons who had been assisting Cope out of the shop, laid hands on the prisoner, or in any way assisted in taking him to the station; that I am quite sure of—he was brought within about two yards of the deceased—no one laid hands on the prisoner in my presence—I have no doubt about that.
COURT. Q. And he did not touch the deceased? A. No—the deceased was then insensible.
WILLIAM LEGGE . I was acting as house surgeon at Westminster Hospital on the night in question, when the deceased was brought there—I found him suffering from scalp wounds in different parts of the head—there were three wounds, one very large—they were apparently inflicted by some heavy blunt instrument, such an instrument as this (the life preserver produced)—he was perfectly conscious when he was brought in, but unable to speak—the
right side was paralyzed—I did what was necessary that night, and or the following day he was taken charge of by another gentleman—I examined the head, and found there was a compound depressed fracture—the skull was driven on the brain, that would cause the paralysis.
Cross-examined. Q. Were you present at the post mortem examination? A. Yes; it was made by Mr. Holt and Mr. Marshall—I did not assist, I was only as a witness to it.
ALFRED MARSHALL . I am house surgeon at the Westminster Hospital. I saw the deceased on the night of 20th Oct, when he was brought to the hospital—on that night he was attended more especially by Mr. Legge—I made myself thoroughly acquainted with the case immediately after he was admitted—he had a depressed compound fracture of the skull on the left side—there were two other small contused wounds of the scalp, and paralysis of the right side—that would arise from the depressed compound fracture, it comes on the opposite side to the wound—he appeared perfectly conscious when he was brought in—he was not able to speak—he had not recovered his speech on the following day—on the afternoon, of that day I sent for Mr. Holt, the senior surgeon—I was present when Mr. Holt operated on the deceased—the operation consisted in, first of all, removing a small portion of the skull, so that he might by that means be able to get an elevator between the depressed portion, and then raise it from the brain—that afforded immediate relief to the deceased, by his own affirmation, by means of a nod—that was done to relieve the paralysis—I continued to attend the deceased from that time until bis death, on 9th Nov., under the superintendence of the senior surgeon, Mr. Holt—on 6th Nov. an unfavourable change took place in the state of the deceased; it was a fit of shivering—he gradually sunk from that time—after his death a post mortem examination was performed by myself, under the supervision of Mr. Holt—on removing the scalp, the bone was extensively denuded of its covering, the peritoneum—the peritoneum is a thin, fibrous membrane which covers the bone, and conveys the vessels to it; it is under the scalp, but on the outside of the skull it is so intimately connected with the bone in health, that you would almost call it a part of it; it is the outer part of the bone—there were two fractures found, one being the elevated portion that I have mentioned, and another corresponding with one of those scalp wounds which I have mentioned—the man died of deposition of matter in the lungs; that was the immediate cause of death—I attribute that deposition of matter in the lungs to the injury to the head—the shivering fit would be symptomatic of a deposition of matter—that was on the 6th, as he died on the 9th.
Cross-examined. Q. Was there a considerable deposition of pus in the lungs) A. There were three or four small patches, small circumscribed abscesses, about the size of half a hen's egg—I say that was decidedly produced by the injury to the head; undoubtedly—that is a common cause of such things—it is not equally usual as the result of phthisis, not under these peculiar circumstances—there were no tubercles in the lungs; there were abscesses on the lunge, and in the tissue of the lungs—the idea suggested itself to me, and I searched for tubercles, but there were none in the lungs—I had never seen the man previous to his being brought to the hospital that I am aware of—my attention was directed to the injury of the head—that injury was progressing favourably until 6th Nov., with one very important exception, that on 1st Nov. he had a shivering of very much the same character as he had afterwards, on the 6th—I believe it was on the 1st (referring to his notes) these are notes that I made every day as I left his
bedside—on 1st Nov. he had the first shivering, and I saw it—my note is, "Shivering strongly"—that passed off, and he went on as before.
Q. Supposing you had made a post mortem examination of a body on the head of which there had been no injury, and had discovered these depositions of pus and abscesses in the lungs, would that have satisfactorily accounted to you for the man's death? A. That was the immediate cause of death, but I should have been disposed to think that unless the patient had been previously debilitated by some other influence, that alone would not have caused his death—I did not subject the chest of the deceased to any particular examination at the time of his admission—I did on the night of the 5th, at midnight; I was sitting up with him, and he had been complaining of a cough—I then examined his chest minutely all over, and there were no secondary symptoms of disease, that is to say, it is clear these things were not there on the 5th—I used a stethoscope—certainly none of these abscesses were there then—I consider that quite a reliable test unmistakable—from some considerable experience, I am not likely to be mistaken on such a point as that—the abscesses were in a state of suppuration—suppuration is the result of inflammation—there can be no suppuration without antecedent inflammation—on the evening of the 5th, I examined the man's chest carefully, and there was not any indication of disease in the chest then—he died at 2 o'clock in the afternoon of the 9th—I can say that there was no inflammation existing on the 5th—I do say so.
Q. Then am I to understand you to say, as a surgeon, that inflammation and suppuration supervening upon it, and abscesses, will all take place within the period included between the night of the 5th and 2 o'clock of the 9th Nov.? A. it evidently did—I should say that is consistent with my experience, without any antecedent disease existing—there was no indication of any disease of the lungs on the 5th; I wish to qualify one of my answers, the stethoscope would not indicate a form of inflammation in the centre of the lungs; there would be so much healthy texture between the centre of the lungs and the extremity of the stethoscope, that that disease would not be indicated, so that had he suffered from a form of pneumonia, called lobular pneumonia, which is very rare, I should not have been able to detect it.
COURT. Q. On examination after death, did that appear to have existed? A. It did not—these formations were on the surface of the lungs—I give my opinion as a surgeon, that the wound in the head might cause the inflammation of the lungs, by an affection called pyœmia, that is by no means of uncommon occurrence—it is not uncommon that violent blows to the head may produce inflammation of the lungs such as I found—inflammation of the lungs, commonly so called, would produce quite a different appearance to that presented by the post mortem here, and these circumscribed abscesses—the cause of this peculiar formation of pus, is a questio vexata among the most learned pathologists of the day—they are known to be the result of blows on the head; but the modus operandi is a matter much in question—blows on the head may he said to be a common cause of this sort of deposition—if I had heard of a person dying with these symptoms, he having previously received such blows on the head as I saw, I should not have been at all doubtful as to the one being the cause of the other; I should have had no doubt at all about it.
MR. SLEIGH. Q. Is not the deposition of pus found in more organs of the body than one, in cases of injury? A. Sometimes it is, sometimes it is not; in this case it was found in the spleen—I cannot tell whether the
spleen was in a diseased state before the injury to the head, I never saw the man before—I never examined the spleen—the spleen and kidneys were in a diseased state—I should say that was a diseased state of short stending; that would be my opinion—it is not at all probable, according to ordinary surgical knowledge, that the disease in the kidneys and spleen may have existed antecedently to the infliction of the injuries.
COURT. Q. Did what you saw in the kidneys and spleen induce you to come to the belief that that disease had existed before 20th Oct? A. I should say it had not.
MR. BODKIN. Q. Did the disease you saw in the spleen and kidneys in any degree contribute to the cause of death? A. That in the spleen might, because it was a deposition of matter corresponding with those in the lungs, that in the kidneys was mere simple congestion, and had nothing whatever to do with it—I should say that in we kkbeys could not have arisen from the blows on the head, that in the spleen would.
BARNARD WRIGHT HOLT . I am senior surgeon of the Westminster Hospital. I had charge of this oate I performed an operation on the skull, by raising up the depressed part, which gave relief to the patient—I attended the case to its termination; I also attended the post mortem examination—in my judgment the cause of death was the deposits in the lungs, in the covering of the lungs, and in the spleen—I attribute those deposits to the injury of the head—I have no doubt on thai point.
COURT. Q. Then from that injury to the head, carefhlly treated, as no doubt it was, proceeded the cause of death? A. It did; I believe he would not have died had be not received the injuries on the head.
Cross-examined. Q. Supposing that no injury had been inflicted on the head, would the appearances in the lungs independently, account for the man's death? A. I believe not, without there had been some previous inflammation of some of the veins of the body—if he had been perfectly well up to the time of his death, those deposits would not have been found—he could not have been, to all outward appearance, well, and yet these things be there—I believe that the depositions that were found in the kings were the result of inflammation which probably arose at the time of the first shivering attack on the 1st.
Q. You have heard Mr. Marshall state, that inflammation, none having previously existed, may commence on the night of the 5th, and result in suppuration, such as he has described on the 9th; do you, as a professional man of long standing and experience, endorse that opinion, and coincide with it? A. I can only say that suppuration varies with the intensity of the inflammation; it is possible that inflammation will remit in suppuration, the whole process being between the night of the 5th, and 2 o'clock on the 9th.
MR. BODKIN. Q. Had you examined this patient at all yourself with a stethoscope? A. I had, several nights previous to the second shivering fit on 6th Nov.—there was one shivering on the 1st; I had examined him with a stethoscope before that—I did not on any of those occasions detect any inflammation in the lungs—I examined him also between the 1st and the 6th, and did not detect any inflammation.
COURT. Q. Why did you examine him with a stethoscope as all seeing that he had received only blows on the head? A. Because he had a very slight cough; that began some few days after his admission; it was found that there was a little rough bronchial breathing at that time; it was
treated, and it entirely ceased—that was my reason for trying him with a stethoscope.
WILLIAM LAWRENCE . I am a surgeon. I have heard what has been stated as to the injuries that the deceased sustained, and the post mortem appearances—in my judgment the death is to be ascribed to disorder of the brain produced by the violence inflicted on the head, aggravated by fracture, and depression of the skull—the immediate effect of such injury is to produce disorder and disturbance of the seat of the brain; the affection of the lungs is a subsequent affair; it is not merely injuries of the head, but injuries of other parts of the body, are frequently the cause of what we call secondary inflammation, either in the lungs, liver, or other internal parts—it is not unfrequent from injuries to the brain—the secondary affection is not the peculiar result of injuries of the head—injuries to other parts of the body may produce just the same consequences—I should rather say they produce secondary disease, than inflammation, because the question of inflammation is rather a doubtful one—my opinion is, that the injury to the head was in itself fatal, and that death would have ensued in this case, even if the secondary disturbance had not taken place in the internal organs.
COURT. Q. You think he would have died even without those secondary symptoms? A. I am firmly of opinion that he would.
Cross-examined. Q. Although you have heard that he was progressing favourably until the 1st, and afterwards till the 5th Nov.? A. The expression "progressing favourably" is very general, and rather equivocal—I do not collect from the history of the case, as far as it has been detailed, that there were any circumstances to lead me to believe that, after a compound fracture of the skull, with depression, and the removal of a circular piece of bone by surgical operation, the patient would have recovered; it would have been quite contrary to my experience if he had recovered.
Q. Am I to understand you, that persons having suffered injuries as violent, have not recovered? A. I speak of a case where the skull has been seriously injured, and where a portion of the bone has been taken out in order to admit of a depressed piece being raised to its proper level; those I consider the circumstances of the present case—I understood from Mr. Marshall's evidence that a circular portion was removed in order to admit of the bone being raised to its proper level; I did not understand him to speak of the external laminæ only.
MR. MARSHALL re-examined. It was a piece the whole thickness of the skull that was removed.
MR. LAWRENCE re-examined. It is the operation of trephining—I cannot recall, in a long course of years, an example within my own knowledge, speaking of St. Bartholomew's Hospital, where a person who has undergone the operation of trephining has recovered, after a serious injury to the head; I do not say that they never recover, but speaking of the experience of London, which may be in some respects different from the country, I should confidently expect that death would ensue under those circumstances, according to my experience.
GUILTY .* Aged 39.— DEATH .
(MR. BARON ALDERSON, addressing the witnesses Lerigo and Allen, stated that the public were greatly indebted to them for their courage and activity on this occasion, and ordered them rewards of 20l. and 10l. respectively.)
NEW COURT.—Friday, November 28th, 1856.
PRESENT—Mr. Ald. HUMPHERY; Sir ROBERT WALTER CARDEN, Knt., Ald.; Mr. Ald. WIRE; Mr. Ald. KENNEDY; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
MR. SHARPE conducted the Prosecution.
ALEXANDER JASKER (through an interpreter.) I was in the German Legion, and received my discharge—On 14th Nov., I was in Kingsland-road, with Schousguard—I met the prisoner Greenwood—I asked him where I could find a house of amusement—he said, he would go with me, and he took me to the Dan Horse, in Kingsland-road—I called for three glasses of rum and water—Greenwood drank one of those glasses—I stayed drinking from about 5 o'clock till about a quarter past 6 o'clock—Schousguard paid for the rum and water—I had a pocket-book, and a 10l. Bank of England note in it—I took the pocket-book out of my pocket, and took the 10l. note out of it, and laid it on the table—Greenwood took the note up, and gave it to another person, who ran out of doors—I never saw that man again—Greenwood ran after him—I went and took hold of Greenwood, outside in the street—he wanted to get away—a woman spoke to me while I had Greenwood in my possession—she went and got a policeman, and I gave Greenwood in custody—I went to the police station, and preferred the charge against him—it was in the parlour of the public-house where I drank the rum and water—when I went in, there were a few other persons there—afterwards there were 12 or 13 persons—some persons came in after I produced the note—I can't say whether Greenwood spoke to any of those persons—during the hour and a quarter that we were drinking the rum and water, Greenwood did not leave for any time—I do not know whether he spoke to any one—after I had preferred the charge, I went back to the Dun Horse, with Schousguard and another German—that was about half past 7 o'clock—I think Woodhall spoke to that other German—he talked some time with him—I heard the conversation, but could not understand it—the other German, Hagemeyer, then asked me, how I came to lose this note—before he spoke to me, he had been in conversation with Woodhall, from 8 till 10 o'clock—Woodhall then left the house, after 10 o'clock—after that he returned, and I saw Frost and him together, in the room—I saw Frost produce a 10l. Bank of England note—he gave the note over to Hagemeyer—Frost and Woodhall spoke together, and Woodhall produced a paper, on which there was writing—he gave it me to write my name—Hagemeyer told me what it was—I would not write—I saw Woodhall taken in custody, about three quarters past 11 o'clock—I saw Frost at the station, he stood there—I saw him taken into custody—I did not speak to any policeman before he was taken.
Cross-examined by MR. M'OUBREY (for Greenwood). Q. What were you and your brother soldier about in the Kingsland-road? A. Taking a walk, we had only been in the street—before we came out, I had been at home, in a street—I do not know the name of it, it is close to Bishopsgate-street—I do not know what time we left home—we had had dinner before we left—we
dined about 2 o'clock—I stopped a long while at home, and after that took a walk—I can't tell how long we were walking before we met Greenwood—we had not been in any house before we met him—I am quite sure I had not been in a place where they were playing cards—I had not been in any house where they were playing cards and betting—Schousguard had not been playing cards that day in my company, and lost money—he and I had not been in any house that day, before we met Greenwood—I was at home and got breakfast, and after breakfast I was at home—Schousguard had a 10l. note in his possession, and I kept mine—I saw him with a 10l. note in his possession that morning—he put it in his pocket—I do not know what time that was—I was at home the whole day, and Schousguard also—when the rum and water was brought in, at the Dun Horse, I do not know whether I or my friend called for it—I took out the 10l. note to pay for it—a waiter came in, I laid the 10l. note on the table—I did not ask the waiter to change it—I put it on the table for to pay—I did not offer it to the waiter—I do not know how the rum and water came in—I saw nobody who brought it in—I do not know whether the man was there who brought in the rum and water—I ran after the man for the note, and Schousguard paid for the rum and water—I did not see him pay—Schousguard had got a little money about him—I first ran after another man, and after that I ran after Greenwood—when I ran after another man, Greenwood did not fetch me my gloves, cane, and musical box—Schousguard brought them, not Greenwood.
COURT. Q. Where was Greenwood when you first began running? A. In the room—I do not know whether he was sitting down—I was pursuing the man to whom Greenwood had given the note—when I ran out of the public house after that man, I left Greenwood in the public house—I do not know what he did; I met him in the street, and took him into custody.
MR. M'UBREY, Q. What were those twelve or thirteen men doing in the room? A. They were in the room drinking and smoking—some were at the same table where I was sitting, and some at another table—I do not know whether I smoked, or whether Schousguard or Greenwood did—Schousguard and I had been drinking beer that day—I do not recollect whether there was a man with cards there—I do not know what you mean by playing cards—I did not see a man selling jewellery, and gold chains, and other things—I do not know whether there was a man there who asked me and Schousguard to buy a gold chain, or a ring, or a pin—I did not see a man put down cards on the table—I do not know whether I and Schousguard were challenged to put down a note on the table.
Cross-examined by MR. PLATT (for Woodhall) Q. When you came back from the station, and was in the Dun Horse with Hagemeyer, did you not say you should be glad to get your money back, as you had not a penny left, and you were going to New York? A. Yes, I did—after that, Wood-hall came in—some gin and water was given to Woodhall after he had spoken to Hagemeyer.
MR. SHARPE. Q. Did you see Frost standing outside the Dun Horse at the time that Greenwood and the other man ran out? A. I saw him when I had got Greenwood by the collar.
Cross-examined by MR. COOPER (for Frost). Q. Did you not see a great many more persons standing about? A. Yes.
MR. SHARPE. Q. Do you and Schousguard live in the same house? A. Yes—I did not pull out the 10l. note more than once in the Dun Horse—I
pulled it out about a quarter past 6 o'clock—nobody told me to put it down—I do not recollect anything being said about the note—Schousguard did not put down a 10l. note before my note was taken up.
AUGUSTE SCHOUSGUARD (through an interpreter). I was in the German Legion, and received my discharge—I am a friend of the last witness—I was with him on 14th Nov., about 5 o'clock in the afternoon, in Kings-land-road—I saw Greenwood—I spoke to him—we went into the public house; I called for some rum and water—there were three glasses—we sat there drinking for an hour—Greenwood was sitting at the table with my friend ad me all that time—there were more persons in the room—I saw Green-wood speak to them in English—I can understand one or two words in English—I did not put down any note on the table—I was not asked to play at cards with any one—there were some persons in the room playing cards—I did not see any person selling jewellery there—I did not hear any person ask my friend to play at cards, or to put down any bank note—I paid half a crown for the nun and water at 6 o'clock—that was after Greenwood had left the room—I saw the last witness produce a 10l. note, and lay it on the table; that was at 6 o'clock, ten minutes before Green-wood left the public house—that was the first time that he had shown the note—when he placed the note on the table, Greenwood took it off the table, and ran out of the door—he gave it to another person, and that person ran in the street—my friend ran after the man who had taken the note—I do not know whether Jasker or Greenwood went out first—I saw Jasker holding Greenwood by the collar—I believe I saw Frost at that time, but I am not sure—after leaving the police station, I and Jasker and Hage-meyer returned to the public house—Woodhall came in there, and he entered into conversation with Hagemeyer—it was about 8 o'clock when we came back to the house, and they were in conversation till about 10—after that Hagemeyer spoke to Jasker—I do not know whether Woodhall left the public house—I afterwards saw Woodhall and Frost in the public house; they were speaking together, and Frost gave Woodhall a 10l. note, and Woodhall gave it to Hagemeyer, and he gave it to the publican to sign his name on it—Woodhall got the note back, and he went out with it for change—he did not get change—he gave it back to me—the policeman has it now.
Cross-examined by MR. M'OUBREY. Q. Do you mean that you had not a 10l. note with you in the Dun Horse that evening? A. I had one 10l. note—I pulled that note out—I did not put it down on one of the cards that the man was playing with—I did not lose that note, and have it given back to me—I was not asked to play cards—I had not been playing at cards at all that day—I had been at home from the morning—there were eight or ten persons in the room at the time this occurrence took place; some more walked in and out—when Jasker put down the note, he wanted to pay for the rum and water, but he had no small change—I pulled out half a crown to pay for the rum and water—I did not pay for it at the time it was brought in by the waiter—I paid afterwards.
Cross-examined by MR. PLATT. Q. Was it not the barman that went out to get change for the note after you came from the police station? A. No; I went out with Woodhall for the purpose of getting change—we went to several shops, and could not get it at any—we came back—I got the note at last—I was at home with Jasker all day till we went out about 5 o'clock—we dined at 2 o'clock, and went out about two hours afterwards.
—I accompanied them to the Dun Horse, in Kingsland-road—after I had been there some time, Woodhall came in—he entered into conversation with me—he first introduced himself as a labourer, and then he began to speak about this money that had been taken—he told me it was a very bad thing that the young men lost their money, and he thought it would be better if Jasker got part of his money back than to go on with it—I said it would be a very good thing—he then asked me to ask the prosecutor if he would take 9l. back for it—I did, and the prosecutor said, certainly, he would be very glad—I told Woodhall to get the note, and he kept promising and promising, I think, for about two hours before the note came—Woodhall went out, and he came back to the public house, and Frost with him—he sat on my left side, and Woodhall on my right, and each of them wrote a paper, to say that the prosecutor would not prosecute the next morning—Frost produced the note to me—I do not know where he took it from—I looked at it, and said I did not want the note, I wanted change—I said I did not know whether it was good or bad—Woodhall said it was a good note, and he believed it was the same note that was stolen from the prosecutor—the note was handed to two or three—Frost gave it me—I do not know how many had it—I handed it to the barman—he brought it back, and Woodhall took it, and he tried to get change for it—all this was done openly.
Cross-examined by MR. M'OUBREY. Q. Did Woodhall produce a paper? A. Yes, and Frost was writing one at the time Woodhall produced one—Woodhall told me to ask the prosecutor if he would sign that paper.
Cross-examined by MR. PLATT. Q. Did not Woodhall seem very anxious that the man should have his money? A. Yes—I have known Woodhall as a neighbour—I said if the prosecutor got his money back the paper should be signed—I did not see Woodhall before 8 o'clock—he stayed about, promising all the time that the money should come—Woodhall was taken into custody at the Dun Horse.
Cross-examined by MR. COOPER. Q. Frost gave you the note at once into your hand? A. Yes.
EMMA CASH . I am the wife of George Cash, a smith, living at No. 2, Willow-walk. On 14th Nov., shortly after 6 o'clock at night, I saw several men run out of the Dun Horse—I saw Jasker seize hold of Greenwood—Greenwood endeavoured to escape—I saw Frost there at that time, and Frost said, "Let him go," and he took hold of the prosecutor's arm, and tried to get Greenwood away—they kept talking, but I could not understand them—Jasker gave me to understand that there was a 10l. note lost—I said, "Hold him; I will get a police officer"—I saw Greenwood pass something to a respectable man in a cap.
Cross-examined by MR. M'OUBREY. Q. You did not see either of those persons till they were in the street? A. No; I saw them rush out of the public house.
Cross-examined by MR. COOPER. Q. There was a crowd of persons there? A. Yes—I have since been given to understand that Frost's father lives about there.
FRANCIS KITE . I am barman at the Dun Horse. On the night of 14th Nov. I saw Greenwood and the two Germans in our house—they came in together—I thought they were all friends—I dare say they remained there an hour—I was attending to the customers—I brought them three glasses of rum and water—one of the Germans paid for it. I would not undertake to say which—that was at a little after 5 o'clock: I know it was gone 5—it was just after I brought them the rum and water they gave me the half
crown to pay for it—I am sure he paid me before they left the house—I did not see anything that happened at the table; I was in another room—after 10 o'clock a 10l. note was given to me for the purpose of being changed—it was given to me by the baker next door (Hagemeyer)—I gave it back to Woodhall.
Cross-examined by MR. M'OUBREY. Q. Was it before you left the table you were paid for the rum and water? A. Yes—I did not receive any other money before they left—I did not see anything of a 10l. note till after 10 o'clock—I heard nothing at all of the straggle that took place in the street—I did not see any cards in the room—it is not uncommon for persons called card sharpers to go into public houses—I saw a man there with jewellery, at a little after 5 o'clock, when I brought in the ram and water—he was in front of the table, where the Germans were sitting—he was offering a guard chain to somebody at that table—I did not take notice whether it was to the Germans—he was walking to and fro—the Germans could see him—they had an opportunity of seeing him—I do not know how long he was there—I did not take notice of his coming out—that was a little after it had gone 5 o'clock—the struggle in the street did not take place till about 6 o'clock.
Cross-examined by MR. COOPER. Q. What time did the prosecutor first of all leave? A. About 6 o'clock—they came back about 7 o'clock—I had not seen Frost then—if he had come in, I must have seen him—the first time I saw him was 10 minutes or a quarter past 10 o'clock—he lives in that neighbourhood—his father is a tradesman.
Cross-examined by MR. PLATT. Q. What time did you see Woodhall? A. About 8 o'clock—I have found that he is a neighbour.
MR. SHARPE. Q. Did you see the man with the jewellery come in? A. No, I did not notice his coming in nor his going out—I cannot say how long he was there.
WILLIAM BURRIDGE (policeman, G 75). On 14th Nov., about 20 minutes past 6 o'clock, I took Greenwood into custody—the two Germans had hold of him—they went to the police station, and made the charge of robbing them of a 10l. note—Greenwood said he did not know anything at all about it—I found on him a penny and a knife.
WILLIAM LEATHER (policeman, N 168). On 14th Nov. I took Woodhall into custody at the Dun Horse, about half past 11 o'clock—I took him to the station—Schousguard gave him in charge—he said what he was charged with—Woodhall said he merely wanted to compromise the thing, as a friend to the prosecutor, and to get him his money back—Schousguard produced this 10l. bank note (producing it)—I took Frost into custody—Jasker pointed him out—he said, in Frost's hearing, what he was charged with—I took Frost to the station, and Mr. Hagemeyer identified him as the person who brought back the note.
Cross-examined by MR. M'OUBREY. Q. How do you know it is the same note? A. I know it by the number "7" on it—I cannot read English.
GREENWOOD— GUILTY of stealing. Aged 32.
FROST— GUILTY of receiving. Aged 24.
Confined Nine Months.
WOODHALL— NOT GUILTY .
THIRD COURT.—Friday, November 28th, 1856.
PRESENT—Mr. Ald. WIRE; Mr. Ald. EAGLETON; Mr. Ald. ROSE; and MICHAEL PRENDERGAST, Esq.
Before Michael Prendergast, Esq., and the Eighth Jury.
(The prisoner being an Italian, the evidence was interpreted to him.)
THOMAS VENABLES (policeman, K 141). On 11th Nov. I was on duty in Baker-street, Stepney, between 1 and 2 o'clock in the morning—I heard a cry of "Police!" and saw the prisoner quarrelling with some prostitutes—he struck one of them a hard blow—I remonstrated with him, and endeavoured to persuade him to go away, but finding that he could not understand English, I motioned to him with my hand, which he seemed to understand, and walked away—he then came back towards me again, and wanted to go to the prostitutes violently, but I stood in front of him—he turned round, met me, pulled out this American bowie knife, and made a backhanded blow at me with it—I had been cautioned by the women that he had a knife or a dagger—I think he drew it from a sheath in his pocket—I am sure it would have touched me if I had not moved—he then followed me, and made another blow at me with it; it was with the greatest difficulty that I could keep clear of him by leaning back—I drew my staff, and struck a blow at him which missed him, and he ran away—I chased him for a quarter of a mile.
Prisoner. I wanted to go to my house to see my companions, because some of the women had cheated me out of some money. Witness. The female said that he wanted to come and sleep there without paying her—I did not touch him at all, I only struck at him.
WILLIAM ROBINSON . I am a shipping clerk, of No. 5, New-road, Stepney. I heard cries of "Police!" and "Murder!" in the Commercial-road—I went down Sidney-street, which leads to Baker-street, which is full of women of the town—I saw eight or ten women gathered together, and a policeman directing the prisoner to go along, but not touching him—I then suddenly saw a knife go at the policeman, and I said, "You are stabbed"—I drew back against the wall, the prisoner rushed past, and the policeman after him—I only saw him strike at the policeman once—the prisoner ran with the knife in his hand as far I could see—I omitted to state that after the blow the policeman drew his truncheon, and made a desperate blow at him, which, if it had struck him, would certainly have knocked him down—I am sure he is the man.
JOHN WOOD (policeman, K 119). On the morning of 11th Nov., about 2 o'clock, I saw the prisoner in the Commercial-road, arm in arm with a female—he had been described to me as a foreigner, and I stopped him, and said, "What countryman are you?"—he made no answer—I said, "Are you a Spaniard?"—he said, "Me no savez"—I asked him if he was a Frenchman—he said, "Me one Frenchman"—I said, "I think you have got a knife"—he said, "Me got no knife"—I put my hand to his right trowsers pocket, outside, and felt something—he then put his hand to the pocket—I seized him by the wrist, and took this knife from him—he was loath to part with it, but I put my finger under the cross piece, and took it
out of his pocket—where I saw him was 200 yards from Baker-street; it was nearly half an hour after the occurrence.
GUILTY . Aged 21.— Confined Six Months.
MESSRS. BODKIN and RIBTON conducted the Prosecution.
SLACK DAVIS . I am a solicitor, of No. 13, Bedford-row, and reside at No. 3, Camden-terrace, Camden-town. I am one of the trustees of some property in which my mother has a life interest—the amount is 6,975l. Consols, and 5000l. Reduced Annuities, but that is not the real amount transferred to my name; a previous trustee had dealt with one of the funds, and in consequence I, as one of the family, took the trust in 1850 under that amount, but that is the amount in the deed—the actual amount of stock is diminished—that reduction had taken place without any act or concurrence of mine—William Wood Davis, my brother, is my co-trustee—the defendant became connected with our family in 1843 or 1843, by marrying my sister—his wife has an interest of a one-sixth portion in the reversion of those two funds—the sum invested in the Funds is diminished by about 500l.—I do not know whether the prisoner was aware of that—on 31st October I was at my residence, No. 3, Camden-terrace, at a little after 11 o'clock, when the defendant came—(I am always to be met with at my office in the day time)—I had some friends at my house that evening, which was well known to the defendant, and we were just sitting down to supper in my dining-room, when I was informed that a person wished to see me—I said, "Let him send in his name"—no name was sent in—I heard a confusion in the passage, went out, and met a policeman outside my dining-room door—I saw the defendant a few minutes afterwards on the step of the door, just outside—he addressed himself to the policeman, and also to my solicitor, who was in the house and is a friend—he is not here, he is engaged and unable to come—the constable said "Are you Mr. Slack Davis?"—I said "Yes"—he said "You must consider yourself in my custody on a charge of embezzling funds," or words to that effect—I believe the defendant was not within hearing—I asked them to allow me a short time to prepare, to put on a coat and a pair of thick boots—he allowed me a very few minutes, and hurried me out of the house—there were two policemen in the house—I accompanied them to the Kentish-town station—the defendant walked a few steps after us—I heard him make the charge at the station—(MR. DALY, for the defendant, submitted that the charge being in writing, the charge sheet was the best evidence, and must be produced; MR. RIBTON contended that what was said by the defendant was the primary evidence; the COURT directed the charge sheet to be sent for, and admitted the evidence, de bene esse)—the defendant said "I charge Mr. Slack Davis with fraudulently removing" or "selling out," I will not swear to the exact word, "a sixth share of 6975l. Consols, and 5000l. Reduced Annuities"—the inspector inquired more closely into it, and the defendant said a few words to satisfy him, I cannot say what—something was written down in writing, and he was called upon to sign it—after that, I was locked up in a cell all night—I am not prepared to swear whether the charge was read over to him or to me—it was not on a sheet, but in a book—bail was proposed by my solicitor, but the inspector said that it was a charge on which bail could not be taken—next morning I was taken to the station in Albany-street, and then to the Metropolitan Police Court, where I saw the defendant—he said "I charge Mr. Slack Davis with having fraudulently sold out," or "removed,
a sixth portion of" the amount just mentioned—I heard him sworn, and heard him repeat the charge to the Magistrate, and he further stated that he had me arrested in the middle of the night because he was apprehensive that I was about to leave the country—the Magistrate said "This offence being committed in the City, I can have no jurisdiction!"—I was then taken to the Mansion House by the police in a cab—I was locked up some time till I was taken before the Lord Mayor—the defendant appeared, and repeated the charge in the same manner—the case was adjourned, and I was remanded on my own recognizance to appear on the Monday following—that was on Saturday—I appeared on the Monday, and the defendant also; but he made no statement, because the Lord Mayor began by deciding that it was a case on which, he could not decide—it was then dismissed, and I was discharged.
Cross-examined by MR. DALY. Q. I believe your mother, Mary Davis, was married in 1822? A. I believe so—I am aware that a settlement was then executed, in which John Roughton and Samuel Streddon were trustees; I have the document—that trust was afterwards changed—on my mother's marriage, one-third share was assigned to them of those two sums of money, making together 40,000l., one-third of 40,000l., was, I believe, assigned to those two gentlemen on trust; the interest to Mary Davis, for life, and the remainder to her husband, for the children of the marriage—under that settlement new trustees were appointed afterwards—Mrs. Davis had a power of appointing by deed, over her one-third share—under that same settlement, in 1842, new trustees, James Robertson and George Blagrove Snell, were appointed—at that time, I believe the trust deeds amounted to 6,975l., and 5000l. being one-third of that sum—in 1850, I and Mr. Wood Davis were appointed, the funds then were 6,975l. and 5000l.—that sum was diminished during Mr. Robinson's trusteeship—I was in the office of Mr. Robinson, he is an attorney, of No. 44, Southampton-buildings—I was articled to him, and was there five Yesrs—I was in his office at the time that the diminution took place—I am not aware in what way the surplus that was lost was disposed of—I imagine that the trustee had misappropriated it—I do not know it of my own knowledge—I am not only trustee, but Cestui que trust—I know by fatal experience how far my dividends fall short—this letter (produced by Mr. Daly) is in my writing—after reading this I am not aware that there was a sum of 2,610l. also transferred to me by Mr. Snell—it was not transferred to Robertson and Snell under Mr. Wood's will, who was my mothers father, my grandfather—I am aware that Mr. Wood left 2,610l.; it never has been transferred; it belongs to Mrs. Davis, my mother, and is still in her hands, in the Bank of England—I am aware that that sum of 2,610l. dwindled down to 1000l. during Mr. Roberlson's trusteeship—I am not the trustee in whom that 1000l. is at present invested as the successor of Mr. Robinson—I do not know whether it was invested in Mr. Robinson's name—it does not stand in my name, but in my mother's—it stands in the Three per Cents Reduced—it is not a portion of the trust fund assigned to me by Robertson, when I took his place in 1852—I have nothing to do with it.
COURT. Q. Did you believe that the 2,610l. had been transferred into Mr. Robinson's name. A. Yes, I believed it had—I do not know whether I am mistaken—the letter is addressed to the prisoner; it is ten years ago—I am not trustee of that fund—Mr. Robertson did not transfer that to me—it is not in the name of trustees, but in the name of the owner, Mrs. Davis; it was left to her absolutely, I believe, but this affair is rather intricate—my father left a will—I believe it was left equally.
MR. DALY. Q. Do you know when it was transferred to Mr. Robinson, waa it in trust or how? A. I really do not know, it was ten or twelve years ago, when I was a boy—I was not originally appointed trustee to Mrs. Brymer's marriage settlement, but I am now a trustee with my brother—on my becoming trustee, my mother assigned one sixth of her one third share to Mrs. Brymer; one sixth of the two sums mentioned before—it was in the Bank of England at the time—no portion is in the Bank of England now—they have been re-invested—I have always continued trustee—a portion of those funds has been re-invested on mortgage of houses, partly freehold and partly 200 Years leases—a portion of the money was advanced as the houses were in course of building—the mortgage is made to myself and my brother—I did not recite in the mortgage deed that I lent it as trustee, because there was no necessity—I state as a solicitor, that I lent it without any recital of my being trustee.
COURT. Q. Do you mean to say that you have got this money transferred from the fund under which you held it, into security in which it appears in your own name, not under any trust whatever? A. Yes.
MR. DALY. Q. How much of the two sums 11,000l. is secured in that way? A. 3,300l. on long leaseholds of 200 Years, and 1,200l. is advanced on mortgage of two freehold houses—the trust deed gives the power to do that—the whole has been dealt with by the trustees, and portions have from time to time been sold out with the consent of the tenant for life and the family, and have been used, some for advances to different members of the family, and the others to pay the liabilities of other members of the family, this being rendered necessary by the conduct of the defendant—the tenant for life has realized her life interest; she is between sixty and seventy Years of age—there are hosts of deeds executed by her exercising the power of appointment (producing them)—Mr. Brymer was net aware of any of these transfers, nor was his wife—the houses being new, some are on the point of letting—the son of my attorney, Mr. Noakes, junior, does not live in one of them—before I lent the money on those leaseholds, I communicated with Mr. Noakes, my present solicitor—it was on my instigation that the money was advanced, but I heard of the investment from Mr. Noakes; he and the builder were clients—the houses are at Seven Sisters-road, Holloway.
MR. RIBTON. Q. At the time you were appointed trustee, what was the actual sum you were trustee for, not the nominal sum; you told us it came into your hands diminished? A. It was diminished to the extent of 500l.—the defendant became connected with my family in 1842 or 1843; there was a settlement under which one sixth portion of the principal was to go to Mrs. Brymer; she was to have it during life, and at her death it was to go to her children—by the original deed, Mrs. Brymer was not entitled to the principal—what was done was with the consent of all the parties except the defendant—his consent was not asked, as he had given the family great trouble for many years, and being compelled to pay his debts—my mother paid his debts out of the trust fund—his debts have been paid for years and years—there are sufficient funds to pay the children's claims twice over—I have a list of the debts here, a rough calculation, amounting to about 800l. and I know that they are more than that—the defendant has five children, he has no profession—he ran away with my sister—will your Lordship allow me to state, that I think you are under a misunderstanding as to the debts being paid out of the trust fund; they have been paid by Mrs. Davis, the tenant for life, which has brought her into difficulties, and by the consent
of the whole family she has realised her life interest, and the amounts have been paid—my mother has a power over the fund to realise any portion that she pleases—it is a power which would naturally accrue; the tenant for life has realised her own interest—she had the power of dividing the same into whatever shares she thought proper among her children, and she exercised it for the benefit of Mrs. Brymer, in paying Mr. Brymer's debts—I and my co-trustee are authorised to invest this money in real security—these sums that we took out of the Bank of England, we invested in houses, and have obtained four per cent, on the freehold, and five per cent, on the leasehold—that was done with the full consent of my mother—the other parties were consulted about it, it was done with the knowledge of the whole family—it was considered by me and my co-trustee to be a beneficial act; the object of it was to increase an income which had been impoverished by the defendant, by his extravagance in incurring debts—I commenced business as a solicitor about five or six years ago—Mr. Noakes is my solicitor in this case; he told me about the security of the trustees, considering that they had the discretion to do so—as trustee I consider that the securities I have obtained, are perfectly good and valid securities; the property has been surveyed by a respectable surveyor—my mother the tenant for life, and all the other parties, are satisfied with the arrangements that I and my co-trustee have made—I have the surveyor's reports here; they were perused by me—I am aware that if I deal improperly or dishonestly with the funds, I am liable in a Court of Equity—I and the defendant have not been on good terms until this time; we had been on bad terms for some time, and I had not spoken to him—Mrs. Brymer's age is about thirty.
JOSEPH HARRISSON (policeman, S 160). On Friday, 31st Oct., I was on duty in Kentish-town, and the defendant came to me and said that he wished me to go to the house of Mr. Davis, of Camden-terrace, and take him in charge on a charge of fraudulently removing certain funds out of the Bank of England, without his will and consent, and that the prosecutor was a trustee—I went to Mr. Davis's house; his mother, I believe, came to the door—I told her my business, sent a message by her to Mr. Davis, and eventually went into the house, and Mr. Davis came out, and I told him he must consider himself my prisoner; that he was charged with fraudulently removing certain funds, of which he was a trustee, out of the Bank of England, without Mr. Brymer's consent—I took him to the station, and was present when Mr. Brymer signed the charge sheet; this is it (produced)—whatever I did was by the direction of Mr. Brymer—I am bound to take the charge of anybody charging a person.
COURT. Q. When the defendant was brought to the station, was he with you? A. Yes, and Mr. Davis—the defendant, said, "If Mrs. Davis will indemnify the sum of money, I will let him go, I do not want to keep him in custody;" and Mr. Davis said that he had nothing to say—the solicitor remonstrated with me on my taking the charge; he said that he believed it was a case for a Court of Equity—I said nothing, but the inspector took the charge, and he was locked up.
(The COURT considered that a mistake had been made by the police in taking an improper charge, and that although it was an improper mode of proceeding on the part of the defendant, he was not accountable for what was done by the inspector, and suggested that the parties should agree to allow the Jury to be discharged, which MR. RIBTON declined to do. The JURY, having consulted nearly two hours without being able to agree, THE COURT discharged them without giving any verdict.)
MR. THOMPSON conducted the Prosecution, and MR. SLEIGH the Defence.
(The defendant received an excellent character.)
GUILTY .— Confined Six Months.
Before Mr. Baron Alderson.
68. GEORGE LINES was indicted for feloniously breaking and entering a building within the curtilage of the dwelling house of Edward Maynard, at Barking, and stealing 8 cheeses and 1 bottle of spruce, value 23s.; his goods.
MR. BEST conducted the Prosecution.
JOHN JAGGERS . I am in the employ of Mr. Edward Maynard, of Bull-lane, near Barking. On Tuesday night, 4th Nov., I brought some goods from London in a cart—I took the cart into Mr. Maynard's barn, which adjoins his house, and left it there safe about 11 o'clock—it contained some Dutch cheeses and some spruce in a half gallon bottle—I locked the barn door, and left it—I was near the barn again about ten minutes past 12 o'clock that same night, and saw the prisoner about thirty yards from the barn—he was in the road, walking towards Mr. Maynard's premises—next morning I found the barn broken open—the staple had been forced out by a plough coulter, which was found there, and the padlock taken off—I missed eight Dutch cheeses and the bottle of spruce.
WILLIAM BIRCH (policeman, K 285). On Wednesday morning, 5th Nov., about 4 o'clock, I went to Mr. Maynard's barn—I found the door had been broken open, the staple had been drawn and was lying on the ground with the padlock—it appeared to have been done with a plough coulter which belonged to Mr. Maynard—the barn comes quite close into the road, but it was the back door that was broken open; a person to get to that door must have gone into the field—I found some footmarks leading from the road into the field and to the barn door—I took the prisoner into custody about 7 o'clock that evening—I took off his shoes, and compared them with the footmarks in the field leading to the barn door, they corresponded exactly—the nails in the middle were very much worn, but those round the outside were perfect—I first made an impression with the shoe by the side of the footmark, and then compared the shoe in the footmark, I did not perceive the least difference—I traced the footmarks to the barn, and then from the barn about 250 yards to a hedge, where some cheeses were afterwards found—Mrs. Hewitt showed me the place—I could not trace them farther, because the ground was too hard to receive any impression.
ELIZABETH HEWITT . I reside at the Plough beer house, near Mr. Maynard's. On Wednesday morning, 5th Nov., I saw a dog go to the hedge, a short distance from the barn, and roll out a Dutch cheese—I afterwards saw Mr. Wright go and find two more cheeses there—I showed James Smith the place.
JAMES SMITH . I live at Barking. On 5th Nov. Mrs. Hewitt showed me a place in a hedge near Mr. Maynard's barn, where she said my dog had found a cheese—I saw Mr. Wright find two more there—in the afternoon, about a quarter past 4 o'clock, I saw the prisoner come across the marsh—he
came over the fence, over two of my fields, and went out at the gate across the road, and direct up to the hedge where I had seen the cheeses—he imitated picking up something—that is out of the footpath, there is no right of way across there.
Prisoners Defence. I was not in Barking that night when Jaggers saw me.
GUILTY . Aged 20.— Confined Twelve Months.
Before Mr. Common Serjeant.
PLEADED GUILTY .* Aged 20.— Four years Penal Servitude.
MR. HORRY conducted the Prosecution.
CHARLES WESTRUP . I am clerk to a ship broker, and live at Four-Mills, Bromley. I missed a ship's yard, the property of Mr. Emery, about the latter end of Oct.—I should know it again—I have since seen part of it in the custody of the police, and can say that it is the same.
Cross-examined by MR. MAC ENTEER. Q. Are you a clerk in the prosecutor's establishment? A. No—this ship's yard is the same as you would see in say ship—it did not belong to us—aa the tide ebbed and flowed it rubbed the yard against some piles, and marked it—I used to walk round the premises every Sunday, and I looked at it casually—if there were a dozen together, I could only tell by the size to which mast they belonged.
DANIEL EVERETT . I am a cooper, living at Blackwall. This yard belongs to my brother—in consequence of information I received, I gave information to the police, and afterwards saw part of it in Benham's yard—it had been fastened with a staple, about eighteen inches from the end, and made feat with a chain to the wharf side—I examined the spot afterwards, the spar was gone, and the chain wrenched off—it could not have gone from the wharf without foul means.
Cross-examined. Q. How long bad it been lying there? A. Nine months—it was placed alongside the wharf to keep barges from chafing—it was always afloat—I had not examined it recently—I am confident that it is the same—I saw it often, and know it from it's general appearance—there was no private mark on it—spare occasionally float about—this was the main yard of a large ship, and was between fifty and sixty feet long—a similar large ship might have a similar yard—when I found it, it was out up into four or five pieces; two pieces I saw at Benham's place, another piece at the prisoner's place, and another piece must have been used—I went to the wharf sometimes once a month, sometimes once a week, and I always saw that it was safe; that was all I wanted—I never looked to see whether the chafing was severe.
SAMUEL BENHAM . I am a turner, and live at Stratford. I did not know the prisoner, but was employed by him to cut some timber this day three weeks—I was on the wharf at Barking-creek, and he asked me if there were any chain horses—I said, "No, you are too late for chain horses"—he said that he wanted them to pull some timber out—I said, "What will you
give me to do it?"—he said, "4s."—I said, "If you will give me 5s. I will do it"—I did it, and he out it up into four pieces at his place—he asked me to let it lay at my place for a day or two, as he had not room to put it in his place—I had three pieces of it, and placed two pieces of it outside of his door, by the side of the road—I saw it cut—his place is No. 16, Turn-pike-row, Stratford—I was questioned by the police, and told them what had happened.
Cross-examined. Q. What hour of the day was it that he asked you to do this? A. About 11 o'clock—he affected no disguise—I pulled the timber out between 1 and 2 o'clock—I am a regular working man on the wharf, carting bricks and sand—I know the prosecutor—the prisoner said nothing to me about having purchased it—he is a lath splitter—I put two pieces of it outside his door; he did not appear anxious to conceal it in the slightest—I know a policeman named Holden, he is the only Holden I know—the wharf I took it from is about a mile from the prisoner's house—there was nothing suspicious about the transaction.
JOSEPH BENTON (policeman, K 381). On Friday night, 21st Nov., in consequence of what Emery told me, I saw Benham; and in consequence of what he told me, I went to the prisoner's house, No. 16, Turnpike-row, and asked him whether he ordered Benham to cart a ship's yard away from Abbey-wharf—he said "Yes," and that he gave him 5s.—I asked him who he bought it of, and how he came by it—he said that he bought it of a man named Holden—I asked him if he knew where he lived—he said "No," but no doubt he could soon find out—I asked him what price be gave for it, he said 1l.—I told him not to cut up any more of it, as he was cutting it up at the time, and that he must find the man, or find his address, and tell me tomorrow morning—he said that no-doubt he should see him that evening—Addington was with me all this time—I went next morning with Addington about a quarter to 9 o'clock, and asked the prisoner whether he had found out where Holden lived, or whether he had seen him—he said "No," and that he had not seen him—in consequence of something I learned, I saw him again about a quarter of an hour afterwards, and told him that he must consider himself my prisoner for stealing a ship's yard, or receiving it, knowing it to be stolen; and that I had ascertained that he had been drinking with Holden at the Green Gate beer shop on the over night—he said that he had not been drinking, but Holden asked him whether he could not stand a pot of ale without hurting himself, and he refused—I asked him whether he had found out where Holden lived, or said anything to him about the ship's yard—he said "No," he had not mentioned it to him—he said at the station house, that he gave him 18s. for it, and spent 2s. at the Green Gate beer shop, where he bought it—that is about 200 yards from the prisoner's house, and about a mile from the Abbey-wharf, or half a mile if you go by the side of the river.
Cross-examined. Q. When you saw the prisoner first, was he cutting up the timber? A. Yes, and I told him it was stolen property, and not to cut up any more of it, and he did not—I do not think I told him who it was supposed to belong to—I went back to him again next day, and found the timber remaining undisturbed—the only difference in his version of it was, that he had paid 18s. and 2s. for beer—I do not know whether there is a man named Holden—I heard that the prisoner had seen him the night before—I understood that he had been drinking with the man whom he bought it of—I ascertained that there is such a person as Holden; I believe there is.
THOMAS ADDINGTON (policeman, K 189). I was with Benton at the different interviews—his account is correct—I showed the timber to the prosecutor—the prisoner said that the wood found at Benham's belonged to him. (The prisoner received a good character.)
NOT GUILTY .
Before Michael Prendergast, Esq.
PLEADED GUILTY . Aged 50.— Confined Six Months.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. PAYNE conducted the Prosecution.
THOMAS HOPE COURTNEY GRAY . I reside at Charlton, in Kent; it is my dwelling house. I left it on Thursday evening, 16th Oct.; I bolted the back door, and locked the front door, and left the key with my neighbour—I left about 7 o'clock in the evening—I left no one in the house—I returned on Monday, 20th Oct., about a quarter before 10 o'clock in the evening—I discovered that my house had been broken into—I went up stairs, and my attention was directed to a cupboard, which had been opened, and a silk dress, and one or two little articles, taken out—that cupboard had been shut safe—a drawer, in a chest of drawers, which had been locked, had been attempted to be opened, and two boxes had been rifled, and their contents, of no very particular importance, were scattered about on the floor—the next morning I found the lock of the street door would act on the outside, but not on the inside.
Cross-examined by MR. GENT. Q. Did you lock the cupboard yourself? A. It was not locked, it was shut—I have been told that the dress was in it; I did not know it was there—there were two bundles taken out of the cupboard—I was away from the 16th to the 20th—the front door was locked from the outside—the things taken out of the boxes were of trifling value, children's clothes; they were lying about.
JAMES WILLIAM BULL, JUN . On Monday evening, 20th Oct., about 6 o'clock, I went to the prosecutor's house, in consequence of information—my father went with me—he went the front way; I went to the back of the house; I jumped over the fence, and found the back door of the house open—I heard my father in the front, turning the handle of the lock, and heard the sound of footsteps running down the stairs—I stepped on one side of the back door, and a man, who is not in custody, came out—I laid hold of him—the prisoner came out directly after him, and the man I had hold of said to the prisoner, "It is no use, Fred; we may as well give ourselves up"—the prisoner immediately struck me on the head—I had no hat on—I was stunned, and fell—I dragged the man I had hold of with me—he struggled with me for a minute or two on the ground—I then lost my con-sciousness, and when I came to he was gone—I found a hat, with a cap inside it, close by where I had been struck—I ran down the back yard,
jumped over the fence, and saw the prisoner in charge of my father—he is the man who came out of the house last, and the man that struck me the blow—I have not the slightest doubt that he is the person—my head bled a great deal—about an hour afterwards I examined the prosecutor's garden, with my father, and saw him pick up a life preserver, about three yards from the place where I received the blow—I went up into the prosecutor's bedroom about a quarter of an hour afterwards—a drawer had been attempted to be prised open—the mahogany was chipped away.
Cross-examined. Q. Did you hear a noise? A. Yes, when I stood outside the back door—it was about 6 o'clock—it was dark—directly I saw the prisoner he struck me—this house is in the high road, which is a thorough-fare—when I got to the back door it was open—the prisoner struck me with a life preserver—I did not think so at the time—I think I have not said that he struck me with his fist, I thought so at the time; but when I came to reflect some time after, I thought it must be something harder, so we made a search, and found this life preserver—I should think I was insensible for a minute or two—I am certain that I have got the correct words that the other man used—I did not take them down—I stated three times before the magistrate what he said.
JAMES WILLIAM BULL, SEN . I am the father of the last witness—in consequence of information, I went to the prosecutor's house on 20th Oct.—I directed my son to go to the back, and I went to the front—I tried to open the door with the key—I thought I unlocked it, but I could not get in—I called a man who was passing, and said, "Here are thieves in this house"—I heard a slight noise, and saw lights in the house—I told him to watch the door, and I heard a rushing down the stairs—I heard some men running to the back of the house—I ran round to stop them—I saw the prisoner, without a hat, running across the road in a direction from the back of the house—I caught him, and we fell down together—the words, I think he said, were, "Don't hurt me"—I said, "I will not hurt you, but I will hold you"—I held him, and took him to the Dockyard police station, and handed him over to the officer—I went back, and my son and I examined the garden together—my son pointed to the place where he had stopped the other man, and I found this life preserver—the next morning, at the house No. 11, two doors from the prosecutor's, I saw a labourer, who was with me, find this hat—my son's head was bleeding.
Cross-examined. Q. Where did you take the prisoner? A. About thirty yards from his exit from the building—I saw him turn a corner—he was taken on the road—I did not see the other man—it was twilight—the prisoner was not running towards me—I did not see his face till I came to him.
JOHN GREY (police sergeant, R 32.) On Monday evening, 20th Oct., the prisoner was brought to the Dockyard station by the last witness—he had no hat on—I found on him a silver watch, a gilt chain, 14s. 6d. in silver, and some lucifer matches in his coat pocket—I went on the following morning to the garden of the prosecutor's house, and in the garden of No. 14, next door, I found some skeleton keys—that garden joins the road—I tried the keys which I found, and one of them opened the prosecutor's door—the prisoner said that he would not give his address; but he afterwards gave it, at Birmingham—we could not find anything about him—I have not inquired; but we have made application there.
(The prisoner received a good character).
GUILTY† of attempting to commit felony. Aged 48.— Confined Two Years.
ALEXANDER HUTCHINSON . I am a gunner in the Royal Artillery, at Woolwich. On 1st Nov. I left my jacket in No. 25 Quarters, in the huts near the barracks, about half past 8 o'clock in the morning—I returned about 10 o'clock the following day, and missed it—this is it, my name is on the sleeve.
JAMES HUISEY . The prisoner gave me a jacket on 1st Nov.; he said that it was his own, and he wanted to sell it—he asked me to sell it for him—I took it home—I gave it him back the same evening—I went out with him across the road—I told a man that one of our men had a jacket to sell—he took the jacket—I did not go with him, but he came back with some money, which he gave to the prisoner—it was a jacket like this.
DANIEL LEARY . I was standing near the barracks on 1st. Nov. The last witness and the prisoner came to me and offered this jacket—I said, "This is no use to me"—the last witness said, "There is no harm; I have had it in my place, if there was any harm I would not give it you"—he said, "This man is a discharged soldier," and he showed me some paper—he said, "Take it to the Jews, they will give you more than they will us"—I took the jacket, and sold it for 8s.—I gave the 8s. to the last witness; he gave Miller the money, and he came back and gave me 1s. for selling the jacket—I did not see how much he gave to Miller.
COURT to JAMES HUISEY. Q. How came you to say that Miller was a discharged soldier? A. I did not say so—I did not produce any paper—it was 6s. that Leary brought for the jacket.
Prisoner. The jacket I sold was one of my own.
COURT to ALEXANDER HUTCHINSON. Q. To whom did the jacket belong? A. To me, it was my own property—I paid for it (The COURT considered that the jacket was not the property of Her Majesty, and directed a verdict of
NOT GUILTY .
MR. LILLEY conducted the Protecution.
PATRICK RYAN . I live at No. 15, Paradise-row, Rotherhithe, and am a labourer employed in the Victualling Yard, Deptford; the prisoners are employed there. On Tuesday, 28th Oct, I was employed in carrying some jars of chloride of zinc from the wharf to the surgery in the yard—the prisoners were employed in carrying bundles of different things from the wharf to the stores in a barrow—I saw Williams carrying a bale marked "silk handkerchiefs" in a barrow, about 10 o'clock in the morning—he went in under an archway, which was out of the way to the stores—he met King there—King took some silk handkerchiefs from the bale, and put them into his smock—Williams was holding the barrow at the time—I was about half-a-dozen yards from them—King went to the cooperage, and Williams went to the stores with the bale, and then returned to the wharf—in about a quarter of an hour Williams took a bale of stockings under the archway, and I saw him put his hand into the bale, and take out five stockings—King and Day met him there—Williams kept one pair, and Day and King tossed up to
see which was to have the other pair and the odd one—King got the pair, and Day had the odd one—the bales had come from the Lion, a vessel which was unloading—after she was unloaded, at about a quarter to 11 o'clock, I went to the cooperage, and saw the four prisoners there—we took down some casks from the wharf, and I could see the four go together under the old buildings—King gave Day two handkerchiefs, and he asked for the odd one—King then gave Keeble two more—I do not think they saw me—I came away, and met King as he came away and was coming up to the wharf, and asked him what he had done with the handkerchiefs—he said that he gave them all away but two, which he kept for himself—I told him that I must report him—he said that that would do me no good—I said that I did not care—I afterwards met Williams and King together, and told Williams the same—he told me that I was a d—rogue, and it was most time I should leave the gang, and go and work in the mustard mill—on the same morning, I asked Williams how many stockings he took—he said, "Only one"—I gave information to the foreman that might when I stopped work.
Cross-examined by MR. RIBTON. Q. What width is the archway? A. Not more than half a dozen yards—I was not right opposite the archway—I stood by a corner whare I could see them—I was close to the corner of the archway, looking round the corner—the arch is more than half a dozen, yards long—the slide is not under the archway, it is six yards from it, and it may be ten—I was standing at the slide at the time they went in, but I went over to the corner when I saw them take the handkerchiefs—the archway is a public thoroughfare, people pass through continually—I never noticed a window in the top—I do not know whether there is a store room over it—there are people at work there, but they were not at work that day—Keeble was not under the archway, but the other two prisoners met him at the archway—I know what they were wheeling in the barrow—I could see it marked "silk handkerchiefs" in ink or something, as they came down the wharf with it—I was not a yard away from it then—I did not speak to them—they saw me—there were a good many men about—when Williams went away with the barrow, King went to the stores with the handkerchiefs—I do not know how many were taken out—they saw me in the cooperage—I only saw King, Day, and Williams when they took the stockings—I then looted round the corner at the same place where I stood before—Williams put one pair of stockings in his pocket—there were not men at work in the building where the casks were; it is used to keep casks dry—I was two or three yards from them when I saw him give Day two handkerchiefs—they might have seen me, I do not know—I did not hear any more pass—I only heard Day ask for the third one—I have known Day, and Williams—Day went into the yard the same day as I did—I did not mention all this till evening, because after I told them I would report them, I made sure that they would return them, give them up to the foreman—his name is Stagg—I had seen him in the day, and spoken to him frequently—I did not ask him whether these men had given him back the handkerchiefs, because I knew they had not—I accused them of it, and they told me that they did not give them up—that was at about half-past 4 o'clock—I was accusing Williams of it, and the foreman heard me, and asked me what it was, and I told him—I and Day did not agree very well, but I had no spite, it was through another young man in the yard who I had a difference with—I have not had a fight with him, but we spoke angrily to each other—I never had any difference with King—I lived
next door to him—I was obliged to leave when my landlord left—there were not complaints by Mrs. King of my being drunk and keeping late hours—there was a complaint made about that house to a policeman by Mrs. King, but there were lodgers in the house besides me—it was not of me that the complaints were made—I cannot tell how soon after that I left—I then went to Cross-street, Rotherhithe, to live with the same landlord—complaints were not made about that house also—nobody charged me with having any mittens that did not belong to me, nor did I have any—Williams did not say that I had—I know a man named Cooper—a pair of mittens were not pulled out of my pocket in his presence—I swear that—I did not assist in loading the barrows.
MR. LILLET. Q. How far were you off when you say the handkerchiefs were taken out of the bale? A. About half a dozen yards, and the prisoners stood in the same place when they took the handkerchiefs—nothing I have said to day has been said from malice or ill-will against Day—we had a difference about work, but were good friends afterwards.
MAURICE STAGG . I am foreman of the labourers in the victualling yard, Deptford. On 28th Oct., the prisoners were employed there, and after dinner I heard Ryan accusing Williams of something, but could not understand what he meant; and I afterwards asked him, but not in Williams's presence—Ryan gave me some information in the evening, and I went to Keehle's lodging, and told him I had been informed that he had taken some silk handkerchiefs from the bale that had been landed, he made no answer—I said, "It is no use your denying it, I have a witness to prove that you did take them"—he said, "I have one which I bought of King, and was to give him 1s. for it"—he told me I could take it if I liked—I said, "You can bring it in the morning," and in the morning he brought it, and I told him to come with me to Mr. Bean, the foreman of the stores, and give it up to him—on the evening of the same day I asked King to go with me from Lord Kingston's house; having called him out, I said, "King, you have made a very bad job of this"—he asked me what I meant—I said, "By taking the handkerchiefs from the bale to-day"—he said that he did not know anything of it—I said, "It is no use your denying it, for I have a witness to prove that you did take them"—Keeble then said, "King, it is no use your denying, it, for you know you sold me the handkerchief for 1s."—King said, "I sold it you, but there was no money received"—these stores came from the ship Speagle, from Sheerness.
Cross-examined. Q. When was it that you heard Ryan accusing Williams of something? A. About 3 o'clock in the afternoon—it was after 5 o'clock, as I was going home, that Ryan made the communication to me—he was at work with me; he might have made it before if he liked—twelve or fourteen men were at work that day—the bale of handkerchiefs is here—this wrapper remains on till it is deposited in the stores—the mark is on the wrapper—these are the silk handkerchiefs.
ROBERT HOPPER BEAN . I live at No. 31, Searle's-terrace, Victoria-road, Deptford, I am foreman of the stores. On the morning of 20th Oct., I was raising a quantity of stores from a vessel, and the prisoners were employed in removing them—I received part of a bale containing black silk handker-chiefs—I did not see who brought it, but Williams acknowledged to me that he was the person that brought it to the stores—it was rather unsewn on one side, and I made a complaint as to it's state—on the following morning, Keeble brought me a black silk handkerchief, of the same description as we generally pack in the bales—he said that he had purchased
it of King, and was to pay him 1s. for it—this (produced) is it—I put a mark ou it—I have compared it with the contents of the bale, and it corresponds—the purser charges fifty-five handkerchiefs, the bale actually contained thirty-one, and this one would make thirty-two—in the course of the same day, a bale containing stockings was brought into store; there was a small hole in the wrapper of about four inches, large enough to get a hand in; it might be torn or worn out—I examined the bale, it contained 143 pairs, and one odd one; the purser charges 118—the handkerchiefs are packed in eight dozens, and four put into a bale—they were return stores—Williams said that he brought that package, but that there was another wrapper over it—that was within a few minutes after the package was delivered, when I made the complaint—I complained to stagg in Williams's presence, and he acknowledged that he brought the package into the store, but that it had a wrapper over it—I have seen the wrapper since, it was on the floor alongside the package.
Cross-examined. Q. How many men were moving the packages? A. Ten or twelve—there was only one package of silk handkerchiefs—if I had found 118 pairs of stockings in this bale I should have thought it was all right—I found 143 pairs, and one odd one—you cannot depend upon the accuracy of the account given—fifty-five handkerchiefs are charged—I had that account in the same way—the bales are always covered with wrappers, the mark telling the contents is on the outside—I saw the principal part of the bales brought into the stores, but did not see the damaged one brought in—the man in charge did not allow Day to go away till he had shown it to me—he is not here—he is the man who received it from whoever carried, it there—I spoke about it immediately afterwards—I went with Day—Williams acknowledged that he had carried it, but that the wrapper was upon it—bales are sometimes damaged a good deal—I do not know whether this has been to the Crimea—there are very often sales of these things by auction—handkerchiefs had been sold a month or five weeks before, but I cannot say exactly—it sometimes happens that the bales are so damaged that the contents are found in the hold of the ship—it had been a very foggy day the first part of the morning, but it had cleared off partially between 10 and 11 o'clock—I know the arch; it is, perhaps, forty yards from the slide—if you are standing at the slide, you can see to the centre of the arch; you can see through it, but not through part of it if you are not in a right line with it—workmen pass and repass through it; it is large enough for carts and waggons to go through.
MR. LILLET. Q. At what time do the men come to work in the morning? A. Half past 7 o'clock—when I was called back I found Day standing by the package, and I went and made the complaint—these handkerchiefs are issued to the seamen at 4s. 1d. which is about the retail price.
THOMAS HOCKINGS . I am paymaster and purser in charge of the victualling department at Sheerness. On 5th Oct. I shipped packages of goods for Deptford—this (produced) is one of them—it was all complete, and sewn up in this outside wrapper—I believe I sent some stockings on that occasion, but I am not able to ascertain the contents of any of the bales—they are the property of the Crown.
Cross-examined. Q. When did you ship themt? A. On the 25th—I was asked about them three weeks afterwards—I had shipped none in the mean time; I had twelve months before—there were twenty-two bales, containing various kinds of slops—the contents of some are marked outside, and some not—I do not know that any silk handkerchiefs went, there was
no mark on the outside wrapper—I examined them myself, and saw them all shipped in a perfect state—they did not get damaged by getting knocked down in the hold, because I saw them all shipped on top of ninety chloride of zinc jars, which had been received from Chatham—I cannot say whether they might have been damaged on their passage.
MR. LILLET. Q. Are the contents mentioned on the inside wrapper? A. Yes, in large letters—when I received them they were all perfectly sewn up, so that nothing could touch them.
MAURICE STAGG re-examined. I saw the bales landed from the hoy which came from Sheerness; they were all sound but one, which was burst a little—I do not know what that contained, but I know that it was not handkerchiefs.
GEORGE GOOD . I am a police inspector of the victualling yard, Deptford. I took the prisoners on the 13th—they were told the charge, in my presence, by the captain superintendent of the yard—they said that they were all innocent of it.
Cross-examined. Q. Do you know some of them? A. I have known them all working in the yard, and, as far as I know, they have borne-good characters.
(The prisoners received good characters.) NOT GUILTY .
MESSRS. BODKIN and W. J. PAYNE conducted the Prosecution.
FANNY LACEY . I am the wife of John Lacey, a bookseller, at Eltham, On 18th Oct., between 7 and 8 o'clock in the evening, the prisoner came for a "London Journal," and gave me 1s. in payment—I gave him 11d. change—I placed it in one part of my purse, separate from other coin—about ten minutes afterwards, in consequence of a message from my husband, I took out the shilling, bit it, and found it was bad; I put it back, and afterwards gave it to the police sergeant—I saw the prisoner in custody shortly afterwards.
JOHN LACEY . I am the husband of the last witness. On 18th Oct. I was out, carrying my periodicals about the neighbourhood—I noticed the prisoner with another man standing outside a shop—having watched them for some time, I sent a message to my wife, and went in pursuit of the prisoner—I found him in an eating house kept by Mrs. Boswell—he was speaking to a little girl there when I went in, and at the same moment she gave a shilling into his hand, stating that Mr. Hunt said it was a bad one—I directly took hold of him, and said he was passing bad money, upon which he put the shilling which the girl had given him, into his mouth, and no more was seen of it—I saw the effort of swallowing—I struggled with him, got assistance, and gave him into custody.
ANN BOSWELL . I am a widow, and keep an eating house at Eltham. The prisoner came there, and asked for 1d. worth of pudding—I served him—he gave me 1s.—I gave it to my little girl to go and get change—she came back, and said, in his hearing, that Mr. Hunt, the baker, said it was a bad one—he took it from her, and was going to pay her with a penny, when Mr. Lacey came in, and he was detained—I did not see what he did with the shilling.
JANE BOSWELL . I remember the prisoner coming to our shop—my mother sent me to Mr. Hunt's to get change for a shilling—Mr. Hunt told me it was a bad one, and I carried it back, and gave it to the prisoner.
GEORGE HUNT (police-man, R 11). 1 took charge of the prisoner at Mrs. Boswel's, and took him to the station—I found on him 5d. in copper, and a bottle of ink—I asked where he lived—he said he had no home—I received this shilling from Mrs. Lacey.
Prisoners Defence. I did not know it was bad.
GUILTY .** Aged 22.— Confined Eighteen Months.
Before Mr. Baron Alderson.
77. SAMUEL SUMMERS was indicted for, that he, having been convicted of felony, and sentenced to twelve months' imprisonment, feloniously did escape from the custody of Thomas Brown, an officer of the Sheriff: to which he
PLEADED GUILTY . Aged 21.— Confined Thirteen Months.
Before Michael Prendergast, Esq.
PLEADED GUILTY . Aged 24.— Confined Six Months.
PLEADED GUILTY . Aged 20.— Confined Six Months.
MESSRS. CLERK and ABRAHAMS conducted the Prosecution.
HANNAH HAZELTINE . My son keeps the Duke's Arms public house, in Upper-marsh, Lambeth. On 1st Nov. I was attending to his business, and the prisoner came that evening, and called for a glass of ale—it came to 1d.—he gave me a half crown—I showed it to my daughter-in-law—she examined it, and returned it to the prisoner—he put it to his mouth, and we thought he swallowed it—we called a policeman, he came in about two minutes, and he could not find it—the prisoner wanted to drink the ale, to wash it down, but I would not let him—after the constable was sent for, the prisoner offered me a 2s. piece—I passed it to my daughter-in-law—that was bad—the policeman took the prisoner into the tap room, and searched him.
ELIZABETH HAZELTINE . I am the daughter-in-law of the last witness. On 1st Nov. the prisoner came for a glass of ale, and tendered a half crown—I passed it to my mother-in-law, she did not like it, and she passed it to me—I said it was bad—I put it down—the prisoner took it, and threw down a 2s. piece—he put the half crown into his mouth, and I am certain he swallowed it—we heard a noise in his throat.
THOMAS NORMAN (policeman, L 195). I took the prisoner, and received this florin—I found on the prisoner a good sixpence and 6d. in copper—I put my fingers in his mouth, but found nothing—when I first went in, he was retching very much, water was coming from his mouth.
Prisoner's Defence. I took the money, I did not know whether it was bad or good; I know I could not swallow a half crown.
GUILTY . Aged 22.— Confined Six Months.
MESSRS. CLERK and ABRAHAMS conducted the Prosecution.
ELIZABETH PARKER . My husband keeps the Rose, in Snowis-fields, Ber-mondsey. On 18th Nov. the prisoner came for a pint of half and half—he gave me what appeared to be a shilling—I gave him change—I placed the shilling in the till with some sixpences—there was no other shilling there—it was about 11 o'clock or a quarter past—before the prisoner had left, I suspected the shilling was bad—it was not in the till more than five minutes before I looked at it, and put it into my pocket, where there was no other money—on the following morning I examined the shilling, and found it was bad—the prisoner came again, about 8 o'clock in the evening—I did not serve him, but after he was gone a policeman was sent for—I gave him the shilling I had taken of the prisoner on the previous night—I did not say anything to him on the 18th, I thought he was a working man, and he might have taken it in mistake, and as I was alone, I did not like to say anything to him.
HENRY BALLAM . I am barman at the Rose. On Wednesday evening, 19th Nov., the prisoner came for a pint of porter, a screw of tobacco, and a short pipe—I served him, and he put down a shilling—I took it up, tried it in the detector, and found it was bad—I gave it him back—he took the pint of porter, and hesitated, and said, "I suppose I can't have it?"—I said, "No, certainly not"—he walked out with the shilling in his pocket—in consequence of what my mistress said, I went out and gave him into custody—I walked a little way behind him—I saw him draw his hand out of his pocket, and drop this shilling in the gutter—I took it up, and took it to the station, and gave it to the inspector.
Prisoner. I threw it away; I would not have any more to do with it.
COURT. Q. Did you pick the shilling up? A. Yes, and I told the prisoner I had picked it up—he knew I was following him.
WILLIAM BODLE (policeman, N 186) The prisoner was given into my custody—as I was going along he put his hand into his pocket, and the barman said, "He has thrown the shilling away"—he picked it up and showed it to me, and when we got to the station I took the shilling—I produce this shilling, which I received from the barman at the station—I afterwards went to Mrs. Parker's, and received this other shilling from her.
Prisoner's Defence. I am sure I did not know it was bad; when I found it was bad I threw it away; I must have got it in change from some person; I was not aware it was bad; I was never inside a prison gate before in my life.
NOT GUILTY .
Before Mr. Common Serjeant.
PLEADED GUILTY . Aged 22.— Confined Twelve Months.
and he has been an auxiliary letter carrier. On Sunday, 26th Oct., I felt unwell, and went to bed about half past 9 o'clock—I was disturbed about a quarter past 10 by a knocking at the front door—I called to know who was there—my son answered, "It is me"—I knew the voice—he said, "Have you been to bed?—I said, "Yes"—he said, "All right, all right," and went away singing—I thought he was gone to his lodging at Putney—some time after I heard something that I thought was cutting the putty of the window—I went down; I found nothing, and I went to bed again—I then heard a voice, saying, "Will you let me in? if not, I will break every b—window in the house;" and a piece of brick came in at the window—my wife asked him not to break the window—I put my clothes on, and went out—I could not see him—I inquired of a neighbour; they did not know where he was—I went to the top of the square, and saw the policeman—we went into a yard, and my son was lying flat on his belly, as if he were asleep—he jumped up instantly, and struck the policeman—he said, "What have you got to do with it?" and directly afterwards he struck me on the left side—the policeman and I then closed upon him, he fell back-wards, and he had a knife, with the blade open—the policeman took the knife from him—I found he had struck me in the left side—I found a hole in my coat, and I found my clothes saturated with blood—I said to the policeman, "This is my son, take charge of him"—I went home, and sent for the doctor, who came and examined the wound—I had no more words with my son than what I have stated—I had seen him a week before—I thought by his conduct he was intoxicated; I cannot speak positively as to that—I had been on good terms with him, except admonishing him now and then for his irregular habits—I was confined in the hospital for three weeks.
JOHN CHRISTOPHER WHITE (policeman). I was on duty that night at Mortlake—I met the prosecutor, and went with him, and took the prisoner—he seemed a little intoxicated, but seemed to know what he was about—this is the knife he had—he kicked me—there had been nothing on the part of his cither to provoke him; not that I saw in the least.
Prisoners Defence. I had no spite against my father; I always loved him; he has always been a good father.
GUILTY of unlawfully wounding. Aged 20.—Recommended to mercy by the Prosecutor. — Confined Eighteen Months.
Before Michael Prendergast, Esq.
MR. LILLEY conducted the Prosecution.
HENRY WORSTER . I am foreman to the Gaslight Company. Their yard and premises are in Vauxhall-walk, Lambeth—the prisoner occupies a house and premises very near there—there is an unoccupied house and yard between his premises and the premises of the Company—I have charge of the property of the Company—on Friday, 7th Nov., I missed about two tons
and a half of iron from their yard—I had noticed it to be safe on the day previous—it was counter balance weights, broken up for the purpose of being sold—we sold it at 3l. 10s. a ton—next morning I went down as soon as it was daylight, and found a vast quantity of rust from the place where the iron laid, across the yard to the outer wall of the yard which is next to the unoccupied house—I observed immediately, on the other side of the wall the ground was very much cut up, apparently by the fall of some heavy weight, for twenty-seven feet in length; and there was a track of foot marks from where it fell, to the wall of the prisoner's yard; on that wall I observed a deal of dirt and iron rust; and on the other side of prisoner's wall I observed foot marks leading to the centre of the yard—a part of that yard is paved, to about four yards from the prisoner's back door; I traced the foot marks up to that paving—I gave information to the clerk of the works, and to the police, and went with Bywater, the policeman, to the prisoner's house, about 10 o'clock on that Saturday morning—I had seen the marks between 7 and 8 o'clock—I found the prisoner at home—I heard the policeman ask him if he had any iron by him—he said, "No"—the constable was in uniform; he told him he had come to search his place for stolen iron—he said he had no objection to our searching the place—I saw the house searched, and nothing was found—the constable asked him where he sold his iron—he mentioned two persons' names—he said he always cleared out his iron on Saturday and Monday, and he had not sold any since Monday—I told him I should give him into custody on suspicion, which I did—I afterwards saw some of the iron we had lost at Mr. Gray's, in Cavendish-grove, Wandsworth—I saw some at the police station.
Cross-examined by MR. ROBINSON. Q. Did the prisoner mention the name of Mr. Humphrey? A. I think one of the-names he mentioned was Hum-phrey; I am not certain—I traced marks across the unoccupied yard, and the prisoner's yard—on the other side of the prisoner's yard is a yard belonging to a boot and shoemaker, newly built—there is no mews, but there is a passage leading to a lane, twenty-four or twenty-five feet long—the length of ground from the paved part to the end of the prisoner's yard is about twenty-five feet—I found no mark of rust in the prisoner's yard, only foot marks—I found some rust oa the wall, which is about five feet high—I believe I heard all that passed between the constable and the prisoner—I think one of the names he used was Humphrey, of Chelsea—to the best of my belief, I saw the iron safe on the Thursday; it might have been the day before—on Friday I missed it, about a quarter before 5 o'clock in the afternoon—we have had a large quantity of iron, but had not much left—I think about four tons were left—we had been selling it for three weeks, at 3l. 10s. a ton—I had sold none from the yard where this iron was missed—the iron that had been sold was old retorts and broken mains, and a few balance weights which had been sold from Moss-field—I had sold none from those premises at Vauxhall—it all belonged to the Company, but there are four different yards—the other iron might be about forty tons—we had about four tons in our yard—the last lot had been sold from the new ground—the railway divides the premises—we had not sold the whole of the second lot on the Friday—Moss-fields is just at the back of the prisoner's premises—our wall surrounds one side of Moss fields—that wall is about fourteen feet high—the other walls are about five feet high.
MR. LILLEY. Q. Was there any ladder by the Company's wall? A. Yes; I found the ladder on the Saturday rooming againat the wall, on the Com-pany's
aide—that was not it's place—the wall beyond the prisoner's house, farthest from the Company, is bounded by a passage, it comes to the back of the prisoner's garden.
COURT. Q. Next to the prisoners is a house belonging to a shoemaker? A. Yes; but the yard of that is not so long as the prisoners yard by eight or ten feet, and there is a hoarding up—the passage is beyond the shoemaker's yard, at the end of it, and there is a hoarding there—the constable asked the prisoner how long the hoarding had been up, and he said it had been put up the previous Sunday to keep the boys off.
MR. LILLEY. Q. You spoke of a second lot that you had been selling; what was that? A. Chiefly broken mains and pipe, there might have been some counter balance weights amongst it—I had the weighing of the iron that was sold—I sold it to Mr. Rodman, who lives in Vauxhall-bridge-road, on the right hand side as you go to Vauxhall-bridge—bis man took it away; they were about three weeks altogether in taking it away.
JOHN BYWATER (police sergeant, L 18). I went with Mr. Worster to the prisoner's house, he keeps a marine store shop—I went to the Company's premises, and traced marks from there across the wail separating the Company's premises from the empty house—I saw rust and footmarks in a line with the rust leading to the paving round the prisoner's door, and foot marks appeared to have been backwards and forwards many times—I went to the premises beyond the prisoner's, and examined all the walls round the Company's premises—on the wall next the Company's premises there were marks, but on the other wall there were none—there were no marks on the other side of the wall that belonged to the shoemaker, but soft mould—I went to the prisoner's house on the Saturday morning; I asked him to go in the back yard, and showed him the marks—I asked him if he had any iron on his premises, he said, "No"—I asked if he had sold any—he said, "No, not since Monday"—I searched the premises, but found none of the iron—I afterwards found some iron at Mr. Grey's—the prisoner told me he had sold some flat iron to Mr. Humphreys, of Chelsea—I told him the iron I was searching for, was the iron from the Company's premises, old balance weights—he said he had not had any of that iron, or sold any—he said he had sold some iron to Mr. Humphreys, of Chelsea, on the Monday, when Mr. Humphreys' cart came round—I afterwards went to Mr. Grey's—I found some iron in his possession—I have some of it here—I went to Mr. Isaacs—I found one piece of cast iron in his cart—I found in all about three or four cwt.
Cross-examined. Q. Did you find any foot marks quite across the prisoner's yard? A. No; the marks were from the wall to the pavement, about four yards—the width of the rust marks on the wall was about a foot, or eighteen inches—I went to Mr. Humphreys, at Chelsea, and then, in consequence, went to Mr. Humphreys, of Vauxhall—I belive the prisoner has a wife—he stated that she was his wife—I examined his house without any objection being made by him—I was in uniform, and mentioned my business.
AMBROSE HUMPHREYS . I live in Milburn-square, North Brixton, about a mile from Vauxhall-bridge. I know the prisoner, I have had dealings with him in the purchase of iron—I had dealings with him on Friday, 7th Nov.—on that occasion I purchased of him two or three different sorts of iron, I could not tell what sort of iron it was—it wan old cast iron, broken up, such as I had never seen before—some of it was in largish pieces, something like this piece (looking at one)—I bought about 7 cwt—I exchanged
it away for other iron—with Mr. Grey and Mr. Isaacs—I cannot say when I made the exchange with Mr. Grey—all that I had of the prisoner was exchanged away to one or other of those persons—it was mixed up with other iron that I had in my stock—I paid the prisoner 3s. a cwt. for some, and 2s. 9d. a cwt. for some—I sent the iron to Mr. Grey by my brother Samuel, who is present.
Cross-examined. Q. Have you a cousin living at Chelsea? A. I do not know that he is a relation; I do not know that he is not—he carries on business of the same kind—I could not say exactly when the policeman came to me—I dare say the policeman knows what time it was—I know it was on the 7th that I bought this iron because the 5th was Guy Fawkes day, and this was on the Friday afterwards—I do not think I ever bought these things before—I am a dealer in old iron—I am not often in the habit of selling to Mr. Grey, only occasionally—I very often sell to Mr. Isaacs—Mr. Grey's is in Cavendish-terrace, South Lambeth—the whole of the iron I got from the prisoner I exchanged away to Mr. Grey and Mr. Isaacs for other iron—I received ton for ton—no money passed—I took wrought iron—I have known the prisoner six months or nine months—I never heard any imputation on his character—his wife carries on business at times for him—if he is out of the way, she may deal—I have bought of her—on this day I was coming through Lambeth, and called on the prisoner, as I generally do, about 2 o'clock in the afternoon—I saw him and his wife—I got this iron from him—I did not call in consequence of an arrangement—I called on him casually—I bought 7 cwt. of him—I took it away in my cart and horse, which I had with me—wrought iron is more valuable than cast, and there are some things amongst it that may be useful for other things—I sold this to Mr. Isaacs, I believe on the 14th—I did not receive money from him; I exchanged it—I could not say how long afterwards the policeman called on me—it was not so much as a fortnight—I could not tell to a day or two.
MR. LILLET. Q. In the course of business, do you go round to certain places to collect iron? A. Yes—I called on the prisoner because I was coming through the place—the iron produced is of a similar description to some that I bought.
COURT. Q. How long did it remain on your premises? A. I got it on Friday the 7th, and I think Mr. Isaacs had it on the 14th—Mr. Grey had his before—I cannot say how long before.
DAVID ISAACS . I live at No. 1, New Inn-passage, Clare-market. I deal in iron and steel—I never had any dealings with the prisoner in the way of business—I have had dealings with the last witness fop iron—the last load I had of him was on Friday, 14th Nov.—I had a ton—it was old cast iron—the policeman called on me on the 20th—I showed him the iron I had from the last witness—I had it by exchange—it was bartered—in fact Humphreys owed me some money—the policeman took one piece of it away—it seemed to me to be broken stoves and piping—there was one piece of counterbalance in the lot, which is here.
Cross-examined. Q. You have been in the habit of buying iron of this description? A. Yes, if it is offered—this one piece of counterbalance is the one I bought—the whole was in the cart at the foundry—there was 25 cwt. in the cart altogether—my man, John Laycock, brought it to me—I did not see the iron before I purchased it—I sent my man for a ton of old iron—he brought it, and there was five cwt. which we put in.
on an iron-foundry—I took some old cast-iron in exchange from Mr. Humphreys about three weeks ago last Tuesday, but I am not certain—I was examined before the Magistrate last Saturday—it was more than a fortnight before that I took old wrought-iron in exchange—this piece very much resembles some that I had—it was not all of this sort—the iron I had was thrown in the yard on a heap of other iron of a very different description—Samuel Humphreys brought it—the constable came to me, and I showed him the heap on which the iron was that I had from Humphreys.
Cross-examined. Q. You took a ton from Humphreys, and some of it resembled this piece? A. Yes—I would not undertake to swear to this piece—I believe this transaction took place on a Tuesday—I could not swear it did—I believe it was three weeks last Tuesday—I cannot swear to it—I did not book it on account of it's being an exchange—a portion of it was old pots and kettles—there might be three or four cwt. of this kind of iron—it was shaped in this way—it was iron that had been broken of this thickness—there was not three or four cwt., of balance weights; but it was iron of this thickness, and resembled it very much.
MR. LILLET. Q. How much of it, in your opinion, was made of old balances? A. I should suppose from three to four cwt.—I did not make any entry in my books of this—I am relying on my memory, because I made no minute of it.
COURT to AMBROSE HUMPHREYS. Q. Had you any cast-iron besides on your premises? A. I had; I am sure that all the old iron I exchanged with Mr. Isaacs and Mr. Grey, was the iron I got from the prisoner, with other—I could not say what portion there was of it—after I had made this exchange with Mr. Isaacs and Mr. Grey, I could not say whether any of that which I had of the prisoner remained on my premises—I had cleared away pretty well all the cast-iron—there was no particular bargain made with each of them—each took a ton—my other stock I bought of all sorts of people.
SAMUEL HUMPHREYS . I am the brother of Ambrose Humphreys—I am employed by him in his business—I took a ton of cast-iron from his premises to Mr. Grey—it was exchanged for a ton of old wrought-iron—it was some-where about three weeks ago last Tuesday—I was-before the Magistrate last Saturday—it was better than a fortnight before last Saturday—the load that I took was lumps of iron—some of it resembled this iron produced—I would not say how much there was of it—there might be from two to three cwt—there might be more; I cannot speak to it—I do not swear these are the pieces, they are like them—I delivered it at Mr. Grey's premises—I took it from my brother's to Mr. Grey's—I know Mr. Isaacs' man; I saw some iron delivered to him, and he brought one ton in lieu of it—I believe it was just after I took that to Mr. Grey.
COURT to AMBROSE HUMPHREYS. Q. Have you got your book here? A. Yes; I have no entry of the iron delivered to Mr. Isaacs and Mr. Grey, because it was an exchange—Mr. Isaacs' was an exchange; but they were
not quite even—I hate the date of Mr. Isaacs'transaction—it was 14th Nov.—I have no date of the delivery of the iron to Mr. Grey—it was an exchange; we did not put it down—I am sure this entry to Mr. Isaacs was made at the time of the transaction, on the very day—it was on the 14th.
MR. ROBINSON. Q. Do you mean to swear that all these entries were made at the time of the transactions? A. Yes; all the entries in this book were not made at the same time—the book that was in use before this, is filled up.
JOHN BYWATER re-examined. These pieces of iron I received from the foundry in Wandsworth-road—Mr. Grey was present when I went there—they were lying down in the yard outside the foundry, in a large heap.
JOHN BYWATER re-examined. This piece I brought away myself from Mr. Grey's—these other two pieces were brought away from there by Mr. Worster—this large piece I found in Mr. Isaacs' cart—I asked the prisoner for his book when I went—he said that it was inside; I asked his wife, and she said that they never kept one.
HENRY WORSTER re-examined. I went to Mr. Grey's yard, and removed these two pieces, and some more, about three cwt. altogether—I brought all away from Mr. Grey's—I identify several pieces as the property of the London Gas Company—when you get in the prisoner's back yard, you can go in at the back door of his house, if you like—you have to go through the house to get in the yard; but if you get over the wall into the yard, you can go in at his back door, if you tarn to the right—if you turn to the left, you cannot get out without scaling the wall—from the yard to the street there is so way but through the house—the wall is about five feet high—the yard is rather wider than the house—the only mode of going out of the yard, except going through the house is to go over the wall, and get into the passage leading to Mossfields.
(The prisoner received a good character).
NOT GUILTY .
Before Mr. Common Serjeant.
POWELL PLEADED GUILTY . Aged 34.
MILLER PLEADED GUILTY . Aged 21.
Confined Three Months .
MR. HORRY conducted the Prosecution.
STEPHEN BOOTH (policeman, L 196). On Wednesday night, 19th Nor., about half-past 5 o'clock, I was in Princes-street, Lambeth, watching Bennett's shop. I was not in uniform—I saw Miller come up, and go into Bennett's shop—he came out again—Powell went past Bennett's with a truck, and Miller went and fetched him back—it stopped at Bennett's shop—there were four scaffolding boards on the top of the truck—Powell took them off, and then took the lead out, and took it into Bennett's shop, and Bennett weighed it—Miller was in the shop—I stood at the door, and saw it weighed—I heard Bennett say, "There is one quarter and six pounds"—they then all three came out together, and went into the public house next door—after some time they all came out together—Bennett went into his own shop, and Powell and Miller took the truck away—I followed them to Vauxhall-road, and took them—they told me they got the lead from where they had worked that day—I asked them where they had
worked, and they refused to tell me—after I had taken them into custody, I went back to Bennett's shop, and told him I wanted that lead that he had just bought—he said that he had not bought any lead that day—I told him I wan an officer, and I saw it come there—he again said that he had not bought any lead—I called in an officer who was in uniform, and Bennett denied it then—I said, "It is no use denying it, it is behind the counter," and with some hesitation be let us go behind the counter, where I fonnd the thirty-four pounds of lead—I have since examined Mr. Hearn's yard, and found it had been taken from there—I have fitted it, and it fits exactly.
Cross-examined by MR. METCALFE Q. Is the lead here? A. Yes. (produced)—it was doubled up in this way when it was taken into the shop—I found a book there, and entries in that book, but no entry of this lead—it was an hour after I had seen the lead go in that I went back to the shop-when I first asked Bennett for lead, he said he bad not bought any lead that day—I told him I was an officer—the other constable bad gone up with me to the door—I cannot tell whether he went to the opposite side—when I called him he was dose to the door—Bennett did not produce the lead directly he saw the constable in uniform—he denied buying any then, when he came in—when the constable came in, Bennett did not directly give up the lead—my statement was read over to me after I had made it—I dare say I was asked whether it was correct—I signed it—I am quite sure that Bennett denied having the lead after he saw the constable in uniform—I dare say the other constable was near enough to hear him—(The witness's deposition being read, stated: "I went back to Bennett's shop, and I said to him, 'Now I want that lead that you have just bought;' he said 'Lead t I have not bought any lead to-day; I called in another constable, and then Bennett said, 'Oh, here it is.'")
Q. Now, you observe that here you never say one word about any denial after the constable in uniform was called in? A. He denied having the lead—I told the Magistrate so—I did not speak to the other officer about the evidence I had given—nothing was said about some little difference in my examination; nothing relative to this case—I have never spoken about this case since I was at the Police Court—I have been here with the other officer two or three days, and I was before the Grand Jury, and yet I have not spoken to him about this case.
MR. HORRY. Q. Did Bennett refuse to let you go behind the counter? A. He did—he stood at the door, and when the other constable came in, he said, with some hesitation, "Here it is"
ISAAC SHEPHERD (police sergeant, L 49). On Wednesday evening, 19th Nov., about half-past 5 o'clock, I was on duty in Princes-street. I was called by the last witness to Bennett's shop—I stood outside, and the witness went in—I heard him ask Bennett for the lead he bad just bought—Bennett said, "What lead?—the officer said, "That thirty-four pounds you met bought of Powell and Miller"—Bennett said, "I have not bought any lead to day"—the officer said to Bennett, "It is no use for you to deny it, I am a constable"—Bennett said again he had bought no lead that day—the officer called me in, and he again asked him for it—Bennett said, "What lead?—he hesitated a minute, and then he said, "Here it is"—he told him where it was—I took Bennett to the station, and in going, he told me he had bought the lead, and given 1 1/2 d. per pound for it—he said he had bought a good deal of the prisoners at one time and the other, but this would be a sickener for them, and that it would be the last time he would do so.
Cross-examined. Q. Were you standing close to the door? A. Five or six yards from it—it had been wet in the day.
WILLIAM HEARN . I live at No. 34, Vauxhall-walk. I know Powell and Miller—they were employed to do some plastering—they had some scaffolding boards there and a truck—the officers came to me on Friday, 19th Nov., and I missed the lead off the roof—I have seen this lead, and have compared it with the lead remaining on my roof—it is the same—that was where these men were at work.
BENNETT— NOT GUILTY .
Before Mr. Common Serjeant.
WILLIAM PHILLIPS (policeman, P 228). About 2 o'clock in the morning of 13th Oct. I was watching in a garden, at No. 18, Warwick-place, Peckham-road—when I had been there about two minutes, I saw a light at the back of No. 16, Warwick-place—after waiting about a minute I saw the light move, and directly it moved it went out—I saw the light for about three minutes altogether; it was shining through the fog; it was very foggy that night—I then instantly heard some one drop over the fence into the next garden, No. 17, and about a minute afterwards I heard some one go over the fence at the bottom of the garden—I waited about a quarter of an hour, and then I got over, and went to the place, where I heard some one get over into the shrubs, and I caught hold of the prisoner standing upright among the shrubs—I said, "Halloo, my lad! what are you doing here?"—he said, "Nothing"—on the way to the station he tried very much to get away—he refused to give his name and address—I found on him five farthings, a knife, and a porte-monnaie—I went to No. 16, Warwick-place, and examined the back part of the house—I found a pane of glass had been broken, and the window lifted up, and a hole cut in the shutters, and burnt—I produce the part; it was burnt, and then cut—some chips were lying outside, and a piece of glass; the knife would not have cut through the shutter if it had not been burnt—the knife was covered with candle grease when I took it out of his pocket, and all charred with dust inside the handle—only this bit of the shutter was cut—I made a further search by day-light, and found this piece of candle, wrapped up, about three yards from where the prisoner had been standing—the shutter was quite warm at the time I put my hand to it, and the charred wood was quite warm; it had been done quite recently.
WILLIAM WARDLAW REED . I live at No. 16, Warwick-place. I was called up by the police, at near 5 o'clock, on this morning—I saw the shutter before I went to bed; it was quite right then—other persons were sleeping in the house besides myself.
Prisoners Defence. A few months before this job happened I got married; my mistress and I fell out, and I parted from her; I came round Peckham Rye on this night, and got over into a field, to see for a place to lie down; I got over into this gentleman's garden, and while standing there I picked up a knife; I had not been there above five minutes before the policeman came and caught me there, and asked what I wanted; I said I wanted nothing.
GUILTY on First Count. — DEATH Recorded.
Before Mr. Baron Watson.
MR. W. J. PAYNE conducted the Prosecution.
EDWARD MASON . I live at No. 6, Oxford-terrace, Clapham-road; I am a banker's clerk. On Wednesday, 29th Oct., about a quarter past one in the morning, I was in High-street, Borough—I was on the left hand side of the way, going towards the Elephant and Castle, on the same side as St. George's Church—when I got to Stone's End, I saw the prisoner Hunter come out of a court—he bent his head down underneath the gas lamp and looked at me, and I did the same, and did not like his appearance—he was alone—I attempted to step into the road to pass him, when I felt a spring from behind, and was immediately seized by the throat from behind, before I could get into the road—I was walking very fast at the time, and when I was seized I had got within arm's length of Hunter—he was walking across me—he stopped when I was seized, and he immediately seized me by the right arm—another seized me by the left—I had a loose coat on at the time with a pocket at the side, and he seized my pipe case from it—I believe Hunter must have done that, he being on that side of me—I received a bruise at the time from the violence—he seized me by the arm, and seized the pipe case out of my pocket—I was then held by the arm after being seized by the hand by a third man—I struggled with them, and they held up my over coat, and put their hands in my wowsers; I do not wear braces, so they could not get their hands into my pockets, but they undid all the buttons, and pulled out my shirt, and after that they said "Quick"—I could not say which of them it was that said that; some of them did—they looked round and cried out "Quick," and then I saw the prisoner Murty for the first time—they tore open my over coat while he tried to unbutton the under one, which was closely buttoned up—I kicked him as hard as I could on the legs—they then said, "Squeeze him tighter," and that was the last I recollect—they all opened away from me when I kicked—the man behind still had hold of my throat at that time—I was calling out as well as I could, but of course I could not call out, I was only gurgling in my throat—I tried to throw the man behind—I could hardly move while I was held by the three, but I kicked the fourth one when he came to unbutton my under coat, and that startled them—after they said, "Squeeze him tighter," I became insensible—I scrambled up as well as I could, and I saw the policeman running after three, and I ran as well—I felt very unwell, and went home—I had been in bed about half an hour, when the policeman came to fetch me, and I gave him a description of Hunter in the hall, and I also gave a description of two other men—Murty is one of them—Hunter was brought to me, I should think, within an hour; it might have been an hour and a half—all the property I lost was my pipe case—I was very much hurt—I have a lump in my throat at the present time—my stomach was almost beaten to a jelly from the way in which they used me, and I have a large bruise on my left breast—I have had a great dizziness in my head ever since.
Cross-examined by MR. SLEIGH (for Hwnier). Q. I suppose this outrage upon you was all the work of a minute? A. I should say about a minute, I could not judge of the time—it was about a quarter past 1 o'clock—it had struck 1 o'clock as I walked over London Bridge—it was foggy, but I could see clearly across the road—when the officer came to me, he said, "You must go with me to the police station; we have one of your men"—he did not describe the man—I said, I was very much hurt, and I would rather
not go that night—he said, "We dare not detain him till the morning; we have no doubt he is one of the men"—I said, "I will tell you what the man is like," and I told him—when I went to the station, Hunter was locked up in a cell—I believe he was brought out by a policeman into the room where I was, and I was asked if that was the man—but before they could get him into the office I recognised him, because his appearance is so ferocious looking—directly I saw him in the street I started, and would not have passed him at that time of night.
Cross-examined by MR. METCALFE (for Mwrty) Q. You did not see Murty in custody till about ten days afterwards, I believe? A. No—I was then fetched to the police station to see him—I saw him in the same way as I had seen Hunter—the first time I saw him I said I could swear to him—before the Magistrate I had my doubts about him, but now I believe he is the man—I will swear to him—I saw him first on the Saturday night, about 9 o'clock—that was by gaslight—I saw him before the Magistrate on the Monday—that was by daylight—I had never seen him from the time I was robbed until he was in custody—I am quite sure about that—I went to a public house, kept by a person named Harris, near the Surrey Theatre—I went to several public houses one night, with a man in plain clothes, to see if I could see the men—that may have been about a week after the robbery—I saw a person called Bill, the carrier—he was brought out of the public house for me to see; I went in five times previously to look at him—Murty was not in that public house at that time, because I went and looked at the men five times—he was not standing outside the house; there were only two or three women there, who had been turned out—there were two policemen with me, one in plain clothes, and one in uniform—I will swear that I did not see Murty in the house; he may have been hid in another room—I believe Murty to be the fourth man, the one who came up to me after my pockets were rifled, and immediately before I was insensible.
MR. W. J. PAYNE. Q. At the time you saw Murty had you your senses about you? A. Yes, I had, and I gave him four or five good kicks, as violently as I could, being forced down towards the. ground; I should think they took effect on his legs, from his starting back so quickly as he did—there was a gas lamp exactly near the place, and in the struggle I was carried across, so that the light shone on the face of the men—I was carried some two yards in the struggle—I was certain of Hunter directly I saw him—I am certain of both of them—the more I look at Murty the more I believe him to be the man, and I swear to him, but there is a great difference between gaslight and daylight.
JOHN SMITH (policeman, A 480). On the morning of 29th Oct., about 1 o'clock, I was on duty near Stone's-and, in the Borough—I heard a noise on the opposite side, from the Ship public house, a scraping of feet, and scuffling about on the pavement—I went across very gently, and, when I got within about two yards of the kerb, some one ran away from a something that I saw lying on the pavement—the person that ran away had a cap on, and a pair of light trowsers—I saw him very clearly, because he had to run past me—I had a full view of him; it was the prisoner Hunter—he went into Trinity-street—I followed him very closely, and called out,"Stop thief!" two or three times—I lost sight of him when he got to the corner, because he was some distance before me, and he turned sharply round the corner of Trinity-street—I followed him down Trinity-street—I cried "Stop thief!" in Trinity-square three or four times after springing my rattle, and I heard the constable Armstead say, "Come on; I have got him"—he might
have been 100 or 200 yards off at that time—I went straight up to him, and found Hunter struggling in his arms—we brought him back to the spot where I had seen something lying on the ground, but it was gone.
Cross-examined by MR. SLEIGH. Q. When you came up and found Hunter in the custody of Armstead, did you hear him say that he had been running after one man who had been knocking another man down? A. The words he used were, "You are mistaken, it is not me;" he also said, "There was a man knocked down, I am running after the man who knocked him down," or something very near it.
MR. W. J. PAYNE. Q. Had any one passed you between the time of your turning round the corner of Trinity-street and finding Hunter in the hands of the constable? A. No.
COURT. Q. Did you see one or two men go down Trinity-street? A. One, and only one; he was not running after any one.
JOHN ARMSTEAD (policeman, M 124). About a quarter past 1 o'clock in the morning of 29th Oct., I was on duty in Trinity square—I heard a cry of "Stop thief!" or "Stop him!" and heard some one running; he was coming towards me from Blackman-street—there was only one person—it turned out to be Hunter—I laid hold of him; he did not speak for some minutes; when the other constable came up, I took him to the station.
Cross-examined by MR. SLEIGH. Q. I believe you were not actually in Trinity-square when you heard the cry of "Stop thief!"? A. Yes, I was—Trinity-street runs into the square—there is one other street called Church-street that runs into the square, there is no other—Swan-street is between Blackman-street and Trinity-street.
COURT. Q. Was he running after another man? A. He was the only person.
WILLIAM BROAD (policeman, L 23). On Saturday night, 8th Nov., I took Murty into custody between 8 and 9 o'clock, in Webber-street—I had been in search of him for some time—I and another constable were in a house having refreshment, and from something the other constable said to me I went to the door, and saw Murty running from Blackfnars road down Webber-street in the direction of the New Cut—I gave chase, and overtook him—I told him I should take him into custody for being concerned with another man who was in custody for assaulting a man and robbing him in Blackman-street, in the Borough, about a week ago—he said "If they had wanted me, why did not they take me the other night when they came to the house and took a man in custody? I opened the door to them"—I took him to Tower-*treet station, and there he said, "There are others ought to be apprehended as well as me"—Mr. Mason was sent for—I was not there when he came—previous to taking Murty I went with Mr. Mason to different public houses on one or two occasions to seek for certain parties.
Cross-examined by MR. METCALFE. Q. Did you, among other places, go to a public house next to the Surrey Theatre? A. Yes, I was there one evening, when a man called Bill the carrier, came out—Murty was not there that evening, not in front of the bar; I did not see him—I did not see him standing near to Bill at the time the prosecutor was looking at him—I did not go into any room; but if he had been in front of the bar I must have seen him—he was not standing outside—I did not apprehend a man named M'Donald—I did not go to Murty's house at all before 8th Nov.—I believe some constable of the M division did—I think there is a constable here who was present when M'Donald was apprehended—I was not
there—Murty did not say, "You might as well have taken any other man as me for this robbery"—he said, "Others ought to be taken as well as me;" it was either "taken" or "apprehended"—I believe his words were, "Others ought to be apprehended as well as me"—I did not hear him ask the inspector to allow some other persons to be put with him, so that the prosecutor might select him from them—that was not done.
MR. W. J. PAYNE. Q. Had Mr. Mason before this given you a description of the prisoner? A. He had.
COURT. Q. Was he shown alone? A. He was not shown alone—I walked in with Mr. Mason, and in going into the room, he saw Murty sitting in the reserve room straight on, and without saying another word he turned round and looked at him, and said, "That is the man"—there was no other man there, but Mr. Mason was not aware that he was sitting in that room.
MR. METCALFE. Q. Tou brought him expressly to see that prisoner? A. To see some one—I had not pointed any one out to him.
ALEXANDER DEARING (policeman, M 38). On Saturday night, 8th Nov., I was with Broad when he took Murty into custody—I took him to the station—on the following Sunday night, as I was passing his cell door, he said to me, "Jack, you done it b—well to rights for me last night"—I said, "Oh, did I"—he said, "Yes"—I said, "You are to rights this time Tommy"—he said, "Yes, I know I am, I am to rights this time"—I have known him for the last five years—he knew me—he has called me Jack before—I have been a policeman very nearly six years.
COURT. Q. What is the meaning of to rights? A. I suppose he meant that he was got to rights for the case that I took him for—it is a slang term—it does not mean to write with a pen and ink—it is a cant phrase—I have heard it many times—it means, "You are in the right this time."
Cross-examined by MR. METCALFE. Q. Was not this what he said, "I am to rights if you will do it for me?" A. No—I have stated all that passed—I went to Murty's house and apprehended M'Donald—Murty did not open the door to me on that occasion—I did not see him—I heard that he lived there—M'Donald was discharged—I had not seen Murty from the time of the robbery till I apprehended him.
(The prisoners were further charged with having been before convicted.)
THOMAS LETT (policeman, V 142). I produce a certificate—(This certified the conviction of Thomas Murty at Croydon, in July, 1853, of house-breaking, and that he was sentenced to fifteen months imprisonment)—I was present at that trial—Murty is the person referred to.
THOMAS GARFORTH (policeman). I produce a certificate—(This certified the conviction of Charles Connell at this Court, Dec. 1850, of larceny, after a previous conviction, and that he was sentenced to seven years penal servitude.)
Hunter. I plead guilty to my conviction. Witness. He is the person—in May, 1854, he received a ticket of leave—in July, 1864, he was tried at the Westminster Sessions, and acquitted—in August this year, he was tried at here for a robbery with violence, at a jeweller's shop, and acquitted—he has also been tried and convicted, and had eighteen months.
Hunter. When I came home from transportation, I obtained a situation at a beer house in the Waterloo-road, where I was getting a comfortable living, and supporting my wife and aged mother; I had been there a few weeks when sergeant Broad came and told the landlord I was a ticket-of-leave man, and if he allowed such characters in his house he should indict it; he told me to go; after that I drove a costermonger barrow, and be
followed me about the streets, telling my customers to see that their change was good, for I was a ticket-of-leave man; I was compelled to give that up; I went to live with my parents, and worked at tailoring, and every time I came in or out of the court where I lived, he would stop and search me, if any of the neighbours or their children were about; so that at last I could get nobody to trust me with anything; what had I to do? I would work if they would let me, but they will not.
HUNTER—GUILTY. Aged 26.
MURTY—GUILTY. Aged 30.
Transported for Life .
PLEADED GUILTY .* Aged 23.— Four Tears Penal Servitude. (The prisoner was out upon a ticket of leave.)
PLEADED GUILTY . Aged 28.**
(MR. M'OUBREY, for the Prosecution, stated that this was a garotte robbery, with three others.) Transported for Fourteen Years.
90. WILLIAM HENRY WOOTTON, JOSEPH YOUNG, CHARLES CULLEN, CHARLES HOMER , and MARY ANN CLARK , burglariously breaking and entering the dwelling house of George Swire, at Lambeth, and stealing therein 1 brooch, 1 cruet stand, 1 knife, and other articles, value 12l., and 50l. in money; his property. 2nd COUNT feloniously receiving the same: WOOTTON having been before convicted: to which
WOOTTON PLEADED GUILTY .** Aged 20.— Four Years Penal Servitude.
YOUNG PLEADED GUILTY.* Aged 15.— Judgment Respited.
MR. SLEIGH conducted the Prosecution.
GEORGE SWIRE . I am a chemist, of Brixton-hill. Wootton was formerly in my service—I discharged him five or six months ago—on Wednesday night, 29th April, I went to bed about 12 o'clock, the house was then secure—about 6 o'clock next morning, or a quarter past, I heard my dog bark, and came down, and found the house in disorder, and missed property value 40l. or 50l.
THOMAS HEPBURN (policeman, P 31). I took Mary Ann Clark into custody in the street, in the neighbourhood of the New-cut—she refused to give me her address, but from inquiries I found out that she lived at No. 3, Mitford-place, Tottenham-court-road—I told her I wanted her for being concerned in committing a burglary at the house of Mr. Young—she said, "Good God, man, I know nothing about it"—I asked her name; she refused to tell me that, sr her address, and said that she did not know Cullen and Homer, who were apprehended at the same time—they were all walking together in the street—I had watched them from the Victoria Theatre, where they had been—I afterwards discovered where Cullen lived, but not from him.
ANN PUNCH . I live at No. 3, Mitford-place, Tottenham-court-road Cullen and Clack lodged there fourteen weeks, in the name of Bailey, till they were taken into custody—Homer is Clark's brother—I have seen him go there two or three times to see his sister—I have never seen the-other
prisoners—Cullen and Clark occupied the front attic only—I showed that room to the officer.
THOMAS HEPBURN re-examined. I went to Mrs. Punch's, and was shown into the front attic, where I found a portion of a rule and this spoon—another officer had been there before me, and found a considerable quantity—on the Wednesday after they were taken I was at the cells of the police court; Clark and Cullen were in separate cells, close to each other, and Clark said to Cullen, "Charley, how are you?"—Cullen repied, "All right, Potty"—Clark said, "Where are we going?"—Cullen said, "We are going to the Bailey; if we go to the Bailey, we shall get a stretch; if we go to Horsemonger-Lane, we shall get lagged (one means transportation, and the other twelve months' imprisonment)—Clark said, "You had better say that you were at my house that night; you know what I mean"—Cullen said, "All right, Polly, I have made it right with Billy Wootton; he is going to take the lot on himself"—Clark said, "Plead not guilty."
STEPHEN STANDAGE (policeman, P 5). I took Cullen and Horner—I said to Cullen, "Halloo, I want you for being concerned in a burglary up at Brixton, Mr. Swire's; what have you got about you?"—he said, "I have nothing"—I said, "Well, I will just see"—he said, "B—if you will"—I then gave him over to sergeant Hepburn and another constable to take to the station—it is not my duty to search people in the street, unless they like—from information I received, I expected where he lived, which he after-wards told me was correct—I called a cab, and took the prosecutor and some other persons to No. 67, Dudley-street, Seven-dials, and found the top room occupied by a person who Homer said was his mother—I there found this telescope, this cap, and a new hat—I went back, showed them to Homer, and said, "Do you know anything of these?"—he said, "Yes, I bought the hat about three weeks ago"—it was not identified, and it turned out to be his own—I found on Cullen a hat, which was identified in his presence by Mr. Swire—he said that he bought it three weeks ago for 1s., in the street, of a man he did not know—I said, "Well, how do you account for the telescope and cap?"—he said, "I know nothing about them"—Homer had 19s. 4d. in his pocket, which he said he had earned—in Cullen's coat pocket I found this silver mounted meerschaum pipe—he said, "I gave 1s. for that to a person I know nothing of"—I found 9s. 6d. and three half-pence on him—I went to Mitford-place, and in an attic found this pair of ivory salt spoons, and a bunch of keys, one of which unlocks the prosecutor's till—I received these shoes (produced) from Mr. Swire, as being left in his house on the morning of the robbery, and which I believe will be traced to Young; also this tool which corresponds with the marks of violence on the place where the cash box was taken from—I received this cash box and dark lantern from a person who is not here, 150 or 200 yards from where Cullen and Clark lived—Homer was asked his address, and he said, "No. 67, Dudley-street, Seven-dials."
Cullen. You struck me on the cheek. Witness. You attempted to throw me down, and I threw you down.
WILLIAM FHANKLYN (policeman, F 72). I was with Hepburn when Homer, Cullen, and Clark were taken—I afterwards went to No. 67, Dudley-street, Seven Dials, and found a bottle of pomatum, four sticks of sealing wax, a comb and brush, a bottle of scent, a silver top of a mustard pot, and part of a silver oyster fork (produced)—on the Saturday following, I went to Mit-ford-place, Tottenham-court-road, and found a pair of trowsers, a flannel shirt, throe aticks of sealing wax. a small comb, the metal top of a jug, three
knives, a bottle of laudanum, a gas burner, a gold brooch, some sweetmeats, and a pen holder (produced)—I heard Cullen refuse to be searched.
(Horners statement before the Magistrate was here read, as follow: "Wootton gave them to me."
Clarke Defence. William Wootton gave me the things.
Culleris Defence. I can bring forward a witness to prove that Wootton gave me the articles in a house where he took me to treat me; Young made a confession which entirely clears me of any charge of burglary, at the Lambeth Palace-court; I did not say what Hepburn states about the Bailey, and Horsemonger-lane; I saw the bundle at my house, but did not know what it contained, or that they had left it.
The prisoner, Cullen, called
WILLIAM CHUBB . On 29th Oct, I was in a public house in Dudley-street—I came just outside, and saw tour of the prisoners; Young was not there; they were in conversation about buying a suit of clothes; Wootton said that he was going to buy a new hat the first thing—Cullen said, "You have got a very good hat, I do not see what you are going to buy a new one for"—he said that he was tired of it, and was going to buy a new suit of clothes, and would have a hat and all complete—he said, "You can have the hat if you like," and with that he gave Cullen the hat, and said, "I have got a pipe you can have, I will make you a present of it"—Wootton went away then with the intention of buying a suit of clothes, and I saw nothing more of him.
HOMER— NOT GUILTY .
CULLEN— GUILTY. Aged 20.—on 2nd COUNT.— Confined Twelve Months.
CLARK— GUILTY. on 2nd COUNT.—Aged 19.—She was further charged with having been before convicted.
WILLIAM LOCKEY . I produce a certificate—(Head: Guildhall Sessions, April, 1855; Mary Ann Jones, cortvicted of stealing a handkerchief from the person; Confined six months.) I was present, Clark is the woman.
GUILTY. †— Confined Two Years.
91. WILLIAM BAKEK , burglariously breaking and entering the dwelling house of Albert Coverdale, at St. George the Martyr, Southwark, and stealing therein, 2lbs. weight of cigars, value 10s., and 8l. in money, his property: to which he
PLEADED GUILTY . Aged 20.— Confined One Year.
GIBSON PLEADED GUILTY , Aged 25.
MR. CLERK conducted the Prosecution.
ROSETTA SPIERS . My husband keeps the George beer shop, at Camber-well. On 1st Nov., Gibson came and asked for a pint of ale—he then called to some one outside the door, "Bill, come in" and May came in—Gibson threw down half a crown, and May asked for two pipes—I held the half crown in my hand, and sent for a policeman—May then pretended to be very much intoxicated, and went to the door; it seemed to come on quite suddenly—he staggered, and I said to Gibson, "Ask your friend to sit down, and I will give him a glass of vinegar"—Gibson said, "I am in a hurry, give me my change"—I said, "My little girl has gone back, I will call her"—I went into the yard, knowing that my husband was there, he came in, and Gibson was at the bar, and May at the door—my
husband, not knowing that I had sent for a policeman, went for one, and before he returned a policeman came, brought by the little girl—as May stood at the door he could see three ways, and immediately he saw a policeman coming he ran; that was just before the policeman came in—I was behind the bar—I gave Gibson in charge, with the half crown, which I marked—Gibson and May had been there before with another person, on Wednesday, 15th Oct.—the first I saw of them was that they were eating hot plum pudding—my husband and my daughter were serving—May, at this time, purchased of me an under waistcoat, which was under a glass case, for sale; they contended with me respecting the price, and went into the tap room, and asked what we had for dinner, and my husband dealt with them for the waistcoat—they bought the waist-coat and the plum pudding, and came back in about an hour and a half—there were then four of them; they were in the house three or four hours altogether; they had some beer when they came back, and the other two and May started off in a hurry—I do not know who paid for the beer; I saw no money pass—I am quite certain that the prisoners are two of the four men—Gibson tried on a Guernsey frock which we had—that is a different thing to the under waistcoat—the prisoners bought an under waistcoat each.
Cross-examined by MR. MACENTEER. Q. Have you ever seen a person get suddenly ill after taking anything? A. He had taken nothing at our house—I did not think him intoxicated when I offered him, the vinegar; my motive was to detain him till a policeman came—I do not know who paid for the under waistcoat and the pudding; but I detected the money as being bad—I could not see persons outside the door, because it was dark.
MR. CLERK. Q. How was May standing? A. Leaning against the door, looking all sorts of ways—the door was open—I saw him leave the door; he went the opposite way to which the policeman was coming.
ROBERT SPIERS . I keep the George beer house, Camberwell On 15th Oct., about a quarter after 12 o'clock, May, Johnson, and another man came—they sighted a hot pudding which was on the counter, and said, "Cut us three pennyworth, old fellow"—I served them, and they gave me half a crown, which I put into the till, and gave him 2s. 3d. change—I had no other half crown—they asked me if I sold these flannel jackets—I said that they were there for. sale—May bought one for 1s. 9d., and tendered another half crown, and I gave him the change, 6d. and 3d., and placed it in the till with the other—they then subscribed a penny a piece for a pot of beer, and were there ten minutes conversing with my mistress—May told her to go away, as they could deal with me better than they could with her—he told her to go and cook her dinner, and said, "We will come back and have some"—they came back, but did not have any dinner—they had another pot of beer, for which they clubbed together, and paid me in halfpence—it was then getting on for 2 o'clock—Gibson then took the other waistcoat for 1s. 5d.—he gave me half a crown, and I gave him 1s. 1d. change—I dropped the half a crown into the copper side by accident, and left it there—May then pulled out a handfull of sovereigns, as much as he could hold—he dropped some, and Gibson said, "Be careful, do not waste your money like that"—they glittered like gold—they then left, and in two minutes I looked at the three half crowns, and they were bad—I saw my wife take them out—there were no other half crowns there—she gave them to me, and I put them on the shelf—my wife afterwards carried them up stairs, and wrapped them up carefully—she bit them the same day, and I scratched them under the the nose—they were wrapped up in paper, and I put them into a box, and
locked them up—the third one laid on the shelf—that wak robbed very much—on 3rd Nov. the two were taken from the box and given to Coppin—I was at home on 1st Nov., when the prisoners came and had the ale—I went through the house for a policeman, and was not there when Gibson was given into custody—May was at the door, but I did not stop to look at him, and when I came back, they were both gone, and Gibson wat in charge.
Cross-examined. Q. Do you do a great deal of business? A. Very little, to my misfortune—we cook a little, and sell flannels—I said that I very fortunately put the half crown among the halfpence, because I thought it would bring the charge against Gibson singly, not knowing that the other two were bad till we came to look at them—when they came back the second time, the money was lying in the till—I had only looked in it once—there was only me and my wife and daughter in the shop—there is no lock on the till, but it is hard to open—the two remained in the box from 15th Oct. to 1st Nov., and the one on the shelf—my wife has a key as well as me—my mistress marked them when she took them out of the till, I did not.
COURT. Q. Did anybody put any money into the till before your mistress took the three half crowns out? A. No.
ROSETTA SPIERS (re-examined.) I saw Gibson go out on the second occasion—my little girl then said something to me, and I opened the copper drawer, took out the half crown, bit a piece out of the rim, found that it was bad, and placed it on the shelf—a counterfeit coin tastes very gritty—I immediately went to the silver side of the till, and found two half crowns only—I took them, put them to my teeth, found that they were counterfeit, and gave them to my husband, who put them in a piece of paper, and then into a box, but I did not see him do it—I took care of one.
COURT. Q. Had the box half crowns in it before? A. They were placed in a small box by themselves that we should not pass them—those were the two that May passed, and which were in the silver side—I had a key of the drawer which the box was kept in—my husband went up on 1st Nov. and fetched them—I am quite sure I gave him the same two half crowns—I saw them in the box almost every day—I put the other on the shelf—there was no other there—Coppin has the two that May passed, and Jones has the four.
EZRA JONES (policeman, P 140). I was called on the evening of 1st Nov. by a little girl, and found Gibson in front of the bar—he was given into my custody by Mrs. Spiers, and I took him to the station—a person named Gatford followed us, and gave me two half crowns in a piece of paper-went back to the house, and received these two half crowns from Mrs. Spiers; there is a piece bitten out of one.
WILLIAM WEBSTER . I am inspector of coin to the Mint These two half crowns uttered by Gibson are counterfeit—the two in the paper are counter-feit and are from the same mould as this uttered by Gibson with the teeth
mark on it—the two uttered by May on 15th Oct. are from the same mould as the one uttered by Gibson on 1st Nov.—the three uttered on 15th Oct. are all from the same mould, and those on 1st Nov. are from another mould.
Cross-examined. Q. Are you satisfied that they are bad? A. Perfectly—I could not bite a piece out of a good shilling; I might make an indentation on it.
MAY— GUILTY .
(The prisoners received good characters; but sergeant Coppin stated that they had both been suspected for some time, and that Gibson lived with a woman who had been tried for passing bad coin.) Confined Nine Months each.
ADJOURNED TO MONDAY, DECEMBER 15TH, 1856.