CENTRAL CRIMINAL COURT.
FINNIS, MAYOR. SECOND 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, December 15th, 1856.
PRESENT—The Right Hon. the LORD MAYOR; Sir CHAPMAN MARSHALL, Knt., Ald.; Sir ROBERT WALTER CARDEN, Knt., Ald; Mr. Ald. KENNEDY.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the First Jury.
MESSRS. BODKIN. and GIFFARD. conducted the Prosecution.
MR. SERJEANT PARRY. Q. Is this society registered under the Friendly Societies Act? A. Yes—the prisoner's duties are defined in the rules of the society—I was not present at his appointment.
MR. GIFFARD. Q. All I ask is, did he act as secretary of that institution? A. Yes—he was paid 2s. per annum for every member—there are near 4,000 members—he also had 10s. a week for extra services—his private clerk used to keep the books; he and his clerk had the care and custody of the society's books—when any of the members are ill they are allowed from 7s. to 18s. per week—an entry of that was made by Mr. Ruffey or his clerk—the money was advanced to the sick weekly; it was drawn from the bank by cheque, and paid to the members, if they resided in London, by cash; or, if in the country, by Post-office order—when a member is ill, it is his duty to apply to an agent of the society, or to the secretary, for a form, called, a declaration on the funds; it is filled up, signed by a medical gentleman, and then en the Thursday evening the accounts are drawn from the bank, by cheque, and paid on Friday to the members, by cash or Post-office order—the prisoner had authority to draw on the bank—there were blank cheques signed by two trustees, and filled up by the secretary, and then the money so obtained
was applied to the use of the sick—the London and Westminster Bank was the bank of the society—the prisoner had no authority to apply the money to any other purpose, or to fill up a cheque for any other purpose than the legitimate use of the society.
Cross-examined by MR. SERJEANT PARRY. (with Mr. Metcalfe). Q. Was Mr. Ruffey the founder of this society? A. Yes, it originated with him—I was not dismissed by him from the society—it was not owing to any complaint of his against me that I left—I was recently a travelling agent to the Life and Fire Assurance Society; a different society, to which Mr. Ruffey acted as secretary; it had nothing to do with this society—I have ceased to have anything to do with that society—that was not altogether at the instance of Mr. Ruffey, that I am aware of—he has on several occasions complained of my conduct—I ceased to be agent to that society in consequence of the society having become insolvent—I am still a director of this society.
MR. BODKIN. Q. What was the name of the other society? A. The United Patriots Life and Fire Insurance; that society ceased to exist some time ago—I cannot say how long ago—I quitted it when it became insolvent—that was the only reason—the directors thought they were not in a position to continue my services, from the state of the funds—there was no other reason for my leaving, that I know of.
COURT. Q. What did you mean by saying just now, that it was not altogether on account of Mr. Ruffey that you quitted it? A. There had been many charges made by Mr. Ruffey, because he thought I was investigating into the affairs of the society—I am not aware that it was partly in consequence of his complaint that I ceased to be connected with it.
GEORGE WHEELER . I was clerk to the prisoner in the business of the association. I have made search in the premises of the society for the original rules; I have not been able to find them—I have looked in every possible place where I thought they would be likely to be found.
Cross-examined. Q. Were you a member of the society from the beginning? A. I am not a member at all, and never have been—I have been about three years in the employment of the society—I believe the society was founded about thirteen years ago—I have seen the original rules, with Mr. Tidd Pratt's certificate; that is some time back, in the office of the society, in one of the desks—the prisoner, I presume, had the custody of them—I cannot tell when I last saw them, I should think twelve months since; I cannot say exactly—I have not been to the bankers, or Mr. Tidd Pratt's for them.
MR. BODKIN. Q. Have you searched among the documents of the society? A. I have, I cannot find them.
JOHN HODGE . I am a member of this society, and have been a director of it—I am one of the trustees—the course was for two trustees to sign cheques in blank, and Mr. Ruffey used to fill them up with the amount he wanted for the use of the society—this cheque (produced) has my signature, and this is the signature of Mr. Gardner, my cotrustee.
Q. Had the prisoner any authority to fill up those blank cheques for any other than the purpose of the society. (MR. SERJEANT PARRY. objected to this question; any authority given to the prisoner would be in writing, and there was no evidence of the rules being lost.)
MR. SERJEANT PARRY. Q. Were the secretary's duties defined in writing in any rules or resolutions of the society? A. Certainly.
MR. BODKIN. Q. How long have you had an account with the London and Westminster Bank? A. Between three and four years. (MR. BODKIN.)
contended that the objection could not apply to so recent a date; and also, that it could not be necessary to produce the rules for the purpose of showing that the prisoner had no authority to do a particular act; but if the rules had any bearing on the question, he submitted that evidence had been given of such a reasonable search for them, as would admit secondary evidence with respect to them. The COMMON SERJEANT. was of opinion that there had not been sufficient evidence to dispense with their production; no notice to produce them having been proved to be served on the prisoner.) This (produced) is one of the printed rules—I have not, perhaps, seen the defendant with that particular copy in his hand, but I have seen him with one like this—every member is obliged to purchase a copy of the roles—there is a stock of them kept at the office for all members; this is one of them.
COURT. Q. Were there more editions than one? A. I think this is one of the last edition—I believe it was published in 1854—I have repeatedly seen the prisoner with copies of that edition—when any person has asked for a copy, I have seen him give them one—1s. charged for them.
GEORGE WHEELER . re-examined. This is one of the last edition of the rules; on each new member entering, one of these is served to him—a number of them were kept at the office for the purpose; they were under the care of the secretary—I have seen him deliver these copies to peracas inquiring for them, and receive the money for them; the money has been charged in their quarterly notices in the usual way; they do not pay at the time—this is the last edition; these are the existing rules of the society, and all of them.
MR. SERJEANT PARRY. Q. I believe you had two bankers before the London and Westminster Bank? A. Yes—the duties of the secretary have been defined from the beginning—the directors keep minute books—I believe they are in Court—everything done by the society and its officers is by an order in writing from the directors.
MR. BODKIN. Q. Do you mean that there is an order in writing by the directors for every cheque that is drawn? A. No; when Mr. Ruffey wanted a cheque signed, Mr. Gardner and I signed it—(MR. SERJEANT PARRY. objected to the book containing the rules being received in evidence in the absence of the original rules. The COMMON SERJEANT. was of opinion that it was admissible. The book was accordingly put in, and the 32nd rule read, defining the duties of the secretary, and appointing the prisoner to that office)—These has always been a minute book kept by the society, in which all the transactions were entered—whatever authority the secretary, or any other officer, had, ought always to be defined in writing, so that all the members might inspect it if they pleased—whatever order is given by the committee is entered in writing, so that all the members should see it—whatever order is made mast be by the general committee, and entered in the minute book.
COURT. Q. Do you know of any orders relating to the signing of cheques being entered in the minute book? A. There has never been an order signed in the minute book, I believe; when Mr. Ruffey wanted a cheque signed, he generally applied to Mr. Gardner and myself—I believe there was no order relating to the signing of cheques entered in the minute book.
MR. SERJEANT PARRY. Q. Whatever authority Ruffey had in relation to cheques, was it not reduced into writing at the time of appointment as
secretary? A. I cannot answer that question—he never asked the committee publicly when he wanted cheques—I believe he had not a general authority from the committee which was reduced into writing—he never applied to the committee for any specific cheques—I cannot say whether, when the secretary's duties were defined in the first instance, there was any resolution in writing; I do not think there was anything of the kind—I have been a member for above thirteen years—Ruffey was secretary when I came there—I think the society had not been founded a twelvemonth then—I believe his duties were defined before I came.
MR. BODKIN. Q. You say there was a rule with respect to the secretary; was that the rule that appears printed in this book? A. Yes—Ruffey had no authority whatever to fill up any cheques signed by the trustees in blank for any other purpose than the purposes of the society; he had no right to use it in any way, only for the benefit of the society; it was to pay the sick, and so on, for the use of the society—I and Mr. Gardner signed this cheque, as trustees—I believe the counter signature to be the prisoner's—it is payable to Messrs. Banks and Johns; they are saddlers—the society has nothing at all to do with them—(MR. BODKIN. proposing to put in other cheques, MR. SERJEANT PARRY. objected; that was a course only taken in cases where it became material to show guilty knowledge; here, no such question arose, and therefore he submitted no such evidence was receivable. The COMMON SERJEANT. was of opinion that it was admissable)—here are eight cheques signed by myself and Mr. Gardner, and countersigned by the prisoner; the name of Mr. Watts is to one of them—he was a trustee at that time—here are eight cheques drawn in favour of Mr. Harrison for rent—the prisoner occupied premises belonging to Mr. Harrison; the society rented a portion of those premises, for which they paid the prisoner 30l. a year—here is a cheque for 10l. 4s. in favour of Mr. Smith—I do not think that was on account of the society—here is another, "Pay Mr. Ruffey (Mr. Gray) 5l. 19s. 6d."£"—I do not know who Mr. Gray is—here is one for 10l. 4s. 8d., and another for 10l. 0s. 6d., for gas rate—the society had nothing to do with paying for the gas—here is one for 20l. for repairs—I do not know whether we had anything to do with paying for repairs—I know nothing of this for 10l. 16s. to Mr. Hewlett—that is countersigned by the prisoner—this cheque for 57l. 15s., payable to Houston and Peel, is in the prisoner's writing—there was no grand pianoforte bought for the society.
Cross-examined. Q. Were you ever present when any authority of any kind was given to the defendant as regards drawing cheques? A. I never knew that he had received any authority from the society to draw any cheques, only for the benefit of the society—I have been present in the committee many times when Ruffey was there—there has always been a committee—I and Mr. Gardner were in the habit, from time to time, of giving cheques to Ruffey, signed by us—the cheque book was produced, and we signed them in the cheque book, as he wanted them for use; sometimes two or three at a time—we never signed as many as half a dozen at a time—Mr. Ruffey would put his name after ours, and fill them up for the amount he wanted—this is his signature to this cheque for 22l. 18s. 9d., payable to Mr. Harrison for rent—he had no right to fill up cheques for any other purpose than the purpose of the society—he had authority to fill them up for the purposes of the society, and no other—he has done that repeatedly; I do not say in thousands of instances—during the thirteen years it is very probable that as much as 50,000 has passed through his hands—he received 2s. a member—he had the money to pay
himself whenever he thought proper—he had Authority to fill up cheques, and pay himself; that was the way in which he paid himself—I dare say his salary amounted to 300l. or 400l. a year—I believe he used to draw it quarterly—besides that, he received 10s. a week lately for extra services—he paid himself that in the same way—I have never seen the piano—the hall is in the premises, but I have never seen the piano there, and it never was used for the benefit of the society—it might be in the hall now; I have never seen it since the sale took place; whether it is there or not, I do not know—I did not dance at the anniversary when the piano was used—I was there at the first anniversary, I believe it was on 4th Aug.—the piano was used then, but it had nothing whatever to do with the benefit society—I will not say whether it is in the hall now or not—I do not know whether it was there when these proceedings against the prisoner were commenced—the prisoner paid for the gas in the office—I dare say he would have to pay a portion for the society—we rent two rooms as an office, and a committee room—the place is called the St. Pan eras Athenaeum—we have the use of the large room, or hall, by paying for it—we pay Mr. Ruffey for it when it is wanted—he drew the money for it—I do not say that he had authority to do it—he had a general authority to pay himself—our accounts have not been recently audited—I cannot say when they were last audited—I cannot answer whether there has been a settlement with the prisoner during the whole time he has been there, as to what was due to him, and what he had disbursed—the auditors are here, they will answer for themselves whether or not all these cheques have passed through their hands—we paid Ruffey 30l. a year for the rent of that portion that we inhabit—I believe he rents the Athenaeum—I do not know how he has been paid the rent—he has had the money at all events; he had the cheque book to do as he thought proper with it—he was paid 4s. 6d. for every person who took a ticket at the festival, that entitled them to a dinner—the crockery and glass used was not bought on account of the society, it was for Mr. Ruffey's own use—it was used at the festival; we have never had it since—I have not seen anything of it, and know nothing at all about it—we have had one dinner there since—I cannot say what crockery was used on that occasion—I do not know how much he was allowed for gas—he had a cart and four horses—I do not think he ever used it for the benefit of the society—I cannot say how the parcels were delivered, I do not know anything of it—I do not know whether he used his horse and cart for the purpose of delivering the parcels of the society—parcels went out regularly to the country agents, Mr. Ruffey sent them—it was his duty to make them up, and send them out.
MR. BODKIN. Q. You have said that he had the cheque book to do what he liked with? A. Certainly—he filled them up to suit his own purposes—he was never authorised to fill them up for any other purpose than that of the society—we never used the large hall, except for the purposes of the anniversary; he lets it out for concerts, and so on; the society has nothing to do with that—Mr. Ruffey supplied everything for the festival at 4s. 6d. a head—he was to supply everything for that, music, crockery, and whatever was necessary—we had nothing to do with it, but to pay our 4s. 6d., and get as much as we could for it.
GEORGE WHEELER . re-examined. I filled up all these cheques (those produced) under the direction of Mr. Ruffey—I also kept the books of the society under his direction—in Nov., 1855, he had overdrawn his account on the society—I cannot tell the exact sum, it was some hundreds—this
book is not in the prisoner's writing—it was made up by me, under the prisoner's direction, from the other books; these other books are here—this book, as well as the others, was made up under the prisoner's direction and supervision, and the rough papers were laid before him, and passed by him before entering them, and he saw these entries afterwards—according to the ordinary course of business, all cheques would have to be entered in some book, a cash book, which we call the waste book—that is here—I made the entries—I have looked at these cheques for rent, the piano, saddles, and so on—not one of them appear in the book—some time before this account a cheque was drawn for the upholstery; that is for the prisoners upholstery—I had entered it, and the prisoner then told me that all cheques that were for his private purposes were not to be entered in the society's books, and from that time they were not entered—the whole of these books came before the auditors, with the exception of the small parcels book—there is a day book and ledger for each division, and a general expense cash book for the whole of the disbursements—there is no trace of these cheques in any of those books—the society is not debited in the banker's book with these cheques—besides the banker's book, there is only the general balance sheet book, in which the balance at the banker's would appear—the audit meeting after Nov., 1855, would be in Dec.—there is an entry here of 500l. odd as the balance of the society at their banker's at their audit—I made that entry by the defendant's direction—the audit of that account would be on 24th March, 1856—the audit in Dec. referred to the accounts of the society up to Oct.; they are always some time in arrear—520l. 13s. 2d. is the balance represented to be the credit of the society at their banker's in Dec., 1855—the entry is "To credit of Benefit Society, 520l. 13s. 2d."
COURT. Q. Was not the banker's pass book laid before the auditors? A. Mostly.
Cross-examined. Q. Do you mean seriously to represent that the auditors audited the account without looking at their banker's book? A. I believe they did look at it—every cheque in this banker's book is drawn by the prisoner—all these books were kept among the other books of the society, accessible to the members, committee, directors, and auditors—this fact proves that the prisoner was indebted to the society; that there should have been 520l. 13s. 2d. at the banker's, when there was no balance—that was not an acknowledged debt as between him and the directors—he was not paying off a certain sum yearly, not of that—I have seen in the books that there was a loan made to the defendant—it was 400l. in the first instance, but that forms no part of this—I only know from the books that he was paying it off annually, my knowledge is entirely derived from the books—I was not present at the meetings of the committee until subsequent to this date, I think—I do not represent myself as being any party to a fraud, certainly not—the directions he gave me as to the entries were openly given—it is one of the rules of the society that two stewards of each division should meet every Tuesday to investigate and superintend the affairs of the company—the directors met as often as the secretary called them together—there were occasional meetings; sometimes once a month, sometimes more often—on the occasion of the ball that has been spoken of, I was stationed at the door to receive tickets—I saw the piano there—it was there some time back; the directors have not sold it, it is in the defendant's hall—he lets the hall sometimes to the society, and sometimes to other persons—he has a horse and cart—I believe the parcels were mostly taken out in that horse and cart—the society has about seventy branches—parcels
were not forwarded to them almost every week; once a year the bulk went, but occasionally parcels were sent—the prisoner appeared to have the general control over the whole affairs of the society, he was very active among them—I know from the books that some extra remuneration was given him on account of his services—all the cheques in question were filled up by me; he did nothing but put his signature—he told me not to enter his private accounts in the books—I knew when he was going to draw a private cheque,-because he would say, "Draw a cheque for me for so and so"—he did not name that the private cheques were drawn for his salary, but they were for his own purposes, and he asked me to write the cheque.
COURT. Q. Did he draw any expressly for his salary? A. One or two, but not anything like the whole amount.
MR. SERJEANT PARRY. Q. Look at that cheque for 57l. 10s.; is that in your writing? A. The body of it is—I could have told the directors about this—I was no party to any fraud or deceit upon the directors—I paid some of these cheques away in the prisoner's presence—I have caned cheques to tradespeople for him; this cheque for Messrs. Banks and Johns was for saddlery for his own private use—here is a bill headed, "Mr. Ruffey, to Houston and Peel;" I saw that at the time—Mr. Ruffey ordered me to fill up the cheque, and signed it, and I gave it to them—these bills were left in the office; I produce them now from there—all bills were put in a desk in the office—here is a cheque for 10£. 4s., payable to Mr. Ruffey, with "Mr. Smith," in a parenthesis—Mr. Smith is a coal merchant—here is another for 5l. 19s. 6d. to Mr. Gray—he is a person who was employed to paint some scenes for the hall, I believe Mr. Ruffey was going to have some amateur theatricals—this 20£. for repairs was, I believe, for sinking the floor of the hall—here is one for Mr. Hewlett—that was for some chandeliers for the house—they were not used at the festival—all these cheques were kept by Mr. Ruffey in a desk, where they were found after he was taken into custody.
MR. GIFFARD. Q. Do you know whether any of these cheques were ever shown to the auditors? A. They were not—the auditors are working men—some time back I spoke to the prisoner with respect to the mode in which the business was being done, and he said all the clerks he had had in his office had a method of their own in keeping the accounts, but he would have them kept after his own plan, or he would have no one there—I was his clerk—he paid me 27s. a week.
MR. SERJEANT PARRY. Q. Did he personally attend the audits, or did you? A. He personally, and myself also—if any books or papers had been asked for by the auditors, I was on all occasions at liberty to produce them; the bank book was not there, but all books in the office I should have produced, if they had asked me the bank book was there sometimes, and the auditors were in the habit of examining it.
MR. GIFFARD. Q. Do you mean examining it for the purposes of the audit? A. They would overlook it—I think they did not compare it with the balance entered in the books; it would have taken them some time to have done so—I do not believe they did; I can only get at the result now by calculation—in Nov. 1855, the prisoner had overdrawn to the amount of some hundreds—when he did draw cheques for his salary, they were drawn, "Mr. Ruffey, on account of salary"—his salary was made up once a quarter—he would show each quarter what was due to him with respect to salary—in Dec., 1855, he claims 94Z. 6rf. for a quarter's salary—at that time he
had overdrawn his account some hundreds—the loan he had was being repaid by 7l. 10s. a quarter—that was the amount of the quarter's rent.
JAMES SMITH . I am one of the auditors of this society. I audited the accounts in March, 1856—I was not aware of any cheque having been drawn; I made out the balance from the sick book—I have asked the prisoner for the banker's book, and so have the rest of the auditors; sometimes it has been refused, and sometimes he has left it at the bank—on one occasion in particular he refused it altogether, and said that we had no authority to ask for it, that his solicitor said so; and he defied us for him to produce it—that may be about two years ago—I have seen the banker's book in auditing the accounts, but I am not positive whether I saw it in March, 1856—we tried to compare it with the accounts, to see whether it showed the true balance, but were not able, as sometimes it was two or three months afterwards that we were called upon to audit, when the banker's book showed three months before, and being working people, we did not give it all our minds, and perhaps did not give it that consideration which we ought to have done—some of the cheques were laid before us; I have not got them here—I did not put my initials or tick them—I was not aware that any cheque was drawn by the prisoner for his own private purposes.
Cross-examined by MR. SERJEANT PARRY. Q. How long have you been auditor to this society? A. Five years—I am a coach smith—I can read and write, the auditors are elected by a committee; there are three besides myself—we all three meet together to audit the accounts; two of them are tailors, and the other a pianoforte carver—we used to look over vouchers, and whatever was produced to us—a young man named Wheeler was only present when he was called—the prisoner was generally present; he might go out for half an hour, leaving us with the books.
WILLIAM NEWELL . I am one of the auditors. I assisted in the auditing in March last, and made use of the same book which the last witness has referred to—I have never asked the prisoner for the banker's book, but I have heard the question asked, and heard the answer given, which the last witness has given—I was never aware that cheques were drawn for the prisoner's own private account.
Cross-examined. Q. Do you know of any other way he had of paying himself his salary except by drawing a cheque? A. No—if he had put himself down to be indebted to us, and had asked us, we should have paid him, but he used to pay himself by cheque—I know that as an auditor—I do not know, as an auditor, that he paid his rent by cheque—I have not looked over cheques to see whether there is a single one in which he has paid himself for salary; I have not got them.
MR. GIFFARD. Q. Suppose the prisoner to have drawn, in the ordinary and proper course of business, a cheque for salary, ought it to appear in the sick and expenses book? A. Yes—this cheque (produced) is countersigned by the prisoner (Dated Dec. 8, 1855, on the London and Westminster Bank, for 10l. to D. W. Ruffey, salary on account, or bearer)—I see no entries to salary in this book.
GEORGE WHEELER . re-examined. This book is not in the defendant's writing, but it is made out under his direction—here is an entry, "Secretary and clerks in office, 99l. 14s. 1d."—the society is regularly debited every quarter with salary—the amount has been overdrawn from the cash account—besides the cheques he drew, other moneys came into his hands, without going through the banker's at all, to the amount of some hundreds in the year.
COURT. Q. Are these the sums he received (examining the book)? A. Yes—the receipts are on one side, and the payments on the other—he does not credit himself here with salary at all; that is an account with me—he only credits himself with salary in that one book; he charges it—he has been paid by having overdrawn previously, I suppose—here he debits the society with payment to the sick, and, in order to satisfy that, he draws a cheque; for his salary he draws no cheque; I suppose he was paid by the overdrawing of the cash account; that would more than pay it.
THOMAS PEEL . I am a pianoforte maker. The prisoner was indebted to me between 50l. and 60l. for a pianoforte, and paid me this cheque (produced) in liquidation of that debt—this is the bill (produced),
COURT. to GEORGE WHEELER. Q. Does the prisoner debit himself with those sums which he had received? A. Yes, and credited himself with the expenses and the sums paid—he debits himself with the full amount—every quarter he charges the society for his quarter's salary, and accounts to the society for so much less money in consequence of that—all these cheques have not been through the banker's.
MR. SERJEANT PARRY. Q. How often were the accounts audited? A. Quarterly, in Jan., April, July, and Oct.—these two books (produced) contain all the amounts received, except those paid by cheques; on one side are the moneys he received, and on the other what he spent, and the balance was paid over to the bankers—here is an entry, "Cash to Mrs. Ruffey, 10s."—there is nothing filling up the amount of salary, under the head of "Salary," but of "cash"—I should imagine that there would be something like 400l. a year.
NOT GUILTY .
94. DANIEL WILLIAM RUFFEY was again indicted for stealing, on 3rd June, 10s.; the moneys of John Hodge and others, his masters—2nd COUNT, on 7th June, 4s.—3rd COUNT, on 11th, June, 1l.; the moneys of his said masters.
MESSRS. GIFFARD. and SLEIGH. conducted the Prosecution.
THOMAS SAUNDERS . I am one of the directors of the United Patriots' Benefit Insurance Society. The prisoner was the secretary, at a salary—amongst his various duties, he had to send to the country agents of the society, parcels containing circulars and prospectuses, and he had authority to pay the expenses of their transmission, and had to enter the sums in the society's expenses book—this is it (produced).
GEORGE HOLMES . I am one of the booking clerks at the Green Man and Still, Oxford-street. The prisoner was in the habit of bringing parcels there to be booked, to be sent into the country—we sign for the parcels—(looking at the parcels book) here is an entry on 3rd June, of thirteen parcels brought by him on that day—the amount paid for their transmission to the country was 19s. 5d., and no more, and which was paid to me—the book is signed by me—on 7th June he brought four parcels; my signature is attached to the entry, for 7s. 3d. paid, and no more—on 11th June here is an entry of thirteen parcels, 1l. 4s. 8d.; that amount was paid to me, and no more, by the prisoner.
Cross-examined by MR. SERJEANT PARRY. Q. Is that your book? A. No; the society's.
GEORGE WHEELER . I was clerk to the prisoner. When parcels were sent into the country I used simply to enter them in the parcels book, under his directions—in the expenses book of 3rd June, here is an entry, in the prisoner's writing, of 1l. 12s. 5d., paid in respect of carriage of thirteen parcels to the country—the entry in the parcels book is identical—on 7th June, here is an entry, in the prisoner's writing, of 11s. 3d., for four parcels—this entry in the parcels book is identical—in the expenses book, here is an entry, on 11th June, of 2l. 4s. 8d. for thirteen parcels; the corresponding date in the expenses book of that date is precisely the same—it was the prisoner's habit, on returning from the booking office, on each occasion, to enter in the book the amount paid—these particular entries are in his writing; others are in mine.
Cross-examined. Q. Were you in the habit of receiving money? A. Yes, subscriptions of members—the amounts were entered in the two books last produced, in the last case—I very seldom took money to the bankers—I am in the employ of the society still—I am not in the same situation as the prisoner was—I get 6s. a day—an assistant clerk is employed there now—the sums received were disbursed by Mr. Ruffey, and by me, on his account, and the balance was paid into the bank—this entry of 3rd June in the rough expenses book is Mr. Euffey's entry—that contains the names of the places to which the parcels are sent—I am quite sure that entry is Mr. Ruffey's writing—in going through the books I have found several other cases in which there has been a charge for making up, porterage, and carriage of parcels, and which has been allowed to Mr. Ruffey—the parcels were made up with brown paper; they had to be packed and sealed, and carried to different booking offices, for various places in the country—I have myself made entries by the prisoner's direction for making up, porterage, and carriage of parcels—he said that he claimed 6d. each for the parcels—he told me so—it does not appear to have been a uniform claim according to this—he said he had charged 6d. each, that was his extra charge—it was not constantly the case that there were two parcels contained in one, it would occasionally happen—when it does occur it is mentioned in the book—I cannot tell from memory whether these parcels did or did not contain two of three each, but it is usual to put in the names of the places to which they had to go—there is a branch assurance society which the prisoner also had to manage as secretary, and to which he was in the habit of sending many parcels—sometimes the agents for the society also acted as agents for the life assurance branch—I cannot say the exact time that I knew of this charge for making up parcels—I imagine there has been a charge of 6d. extra made for parcels during the three years I have been there—this book did not go before the auditors—it is called the casual expenses book—it was kept in the office, anybody could see it—I know from what the prisoner told me that he made this extra charge.
MR. GIFFARD. Q. Did you know that on 3rd June he had charged more than he had actually paid? A. I did not know what amount was charged—there was a porter paid by the society for the purpose of taking out the parcels—the porter's salary was charged by the prisoner against the society; it was 25s. a week—it was before my time that the 10s. a week was given to the prisoner for extra services—I can find the minute of it in the books—it was a proposition of the delegates from the country—I have seen these books in the prisoner's possession, and have seen him referring to them—this
book would be in his custody as secretary—the proposition is dated March 7th, 1851, and the resolution upon it is dated 13th April, 1851—(Read)—I never knew that his claim for porterage was allowed by the society—I never heard it mentioned in the presence of any of the directors—the book that would go before the auditors shows the total of each week's expenses—the office to which these parcels would go is more than half a mile from the St. Pancras Athenæum—he would occasionally pay for the parcels out of his own pocket, and at times he would have it from me, from the society's box, which was kept in the office, tinder his desk and mine—it was locked—I held the key, as his servant.
JOHN HODGE . I am one of the trustees of this society. I never heard that the prisoner had any authority to claim any amount for porterage, or any other amount than that which he paid for the transmission of the parcels to the country—I never heard of anything of the kind—we had a porter, who was paid for doing porter's duty.
Cross-examined. Q. You did not take an active part in the business, I believe? A. Not particularly—I was on the committee, generally speaking—the income of the society has been several thousands a year—I do not know how much—I have never heard the particular amount—at the foundation of the society, the prisoner went to the different localities when he has been sent for, or wished to go.
GEORGE WHEELER . re-examined. I believe the prisoner borrowed money for the society, but it was returned—he stated, many months back, that he had pledged his plate for the society—I do not know whether the charge for porterage was made before the resolution as to the 10s. a week—I do not know that he has continued to make it ever since—the parcels were generally sent out in June.
MR. SLEIGH. Q. About this plate; do you know whether he pledged it by the society's authority? A. I never heard of it, it was never entered on their books.
WILLIAM NEWELL . The prisoner was not authorised to claim any sums whatever in respect of porterage beyond what was paid to transmit the parcels to the country—he had the 10s. a week allowed him for the purpose of covering any extra amount of trouble that he had.
Cross-examined. Q. Are you one of the auditors? A. Yes—there is no charge for porterage in the society's accounts besides the salaries of officers; it is for postage, carriage of parcels, and incidental expenses—a charge of that kind has always been made in the balance sheet, but not a charge for making up parcels, especially since we have a porter engaged, for whom we pay 25s. a week.
MR. SLEIGH. Q. Was an independent charge for porterage ever made by him to the auditors? A. No, I never heard of such a thing.
MR. SERJEANT PARRY. Q. The defendant is a member of your society? A. He was at the time he held office as secretary.
MR. SERJEANT PARRY. submitted, that the prisoner being a member of the society could not be convicted of a larceny of the money of the society, it being partly his own property; see Rex v. Watts, also Rex v. Willis, 1 Moody. MR. GIFFARD. contended, that by the rules of the society the money was vested in the trustees, and therefore it would be a larceny from them.
MR. COMMON SERJEANT. inclined to that opinion; but would reserve the question if it became necessary.)
our names as stewards; but I never read this, "Making up, porterage, and carriage of parcels"—I know he never was allowed to charge anything of the sort.
NOT GUILTY .
(There were other indictments against the prisoner, for which see Third Court, Thursday.)
NEW COURT.—Monday, December 15th, 1856.
PRESENT.—Sir ROBERT WALTER CARDEN, Knt., Ald.; Mr. Ald. CARTER.; Mr. Ald. ROSE.; and MICHAEL PRENDERGAST, Esq.
Before Michael Prendergast, Esq., and the Fifth Jury.
PLEADED GUILTY . Aged 23.— Confined Three Months.
PLEADED GUILTY . Aged 16.— Confined Three Months.
GRESWELL PLEADED GUILTY . Aged 38.
WILKS PLEADED GUILTY . Aged 40.
Confined Six Months.
PLEADED GUILTY . Aged 24.— Confined Three Months.
OLD COURT.—Tuesday, December 16th, 1856.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Sir FRANCIS GRAHAM MOON, Bart., Ald.; Mr. Ald. CARTER.; Mr. Ald. ROSE.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Second Jury.
PLEADED GUILTY . Aged 19.*†— Confined Nine Months.
PLEADED GUILTY . Aged 27.— Confined Nine Months.
101. FREDERICK CLARK , stealing 15 pairs of boots, and the materials for 2 pairs of boots, value 33s.; also, on 31st May, 19 pairs of shoes, value 11s.; on 6th June, 69 pairs of boots and 4 pairs of shoes, value 17l. 6s.; and, on 11th July, 6 pairs of boots; the property of John Jones and another: to all which he
PLEADED GUILTY .—(He received a good character.)—Aged 22.— Confined Twelve Months.
PLEADED GUILTY . ** Aged 33.—(He was stated to be out on a ticket of leave.)— Transported for Fifteen Years.
PLEADED GUILTY . * Aged 25.— Confined Twelve Months.
PLEADED GUILTY . *† Aged 19.— Six Years Penal Servitude.
105. WILLIAM SNELL , embezzling a cheque for 23l. 12s. 10d., and 20l. 18s. 5d. in money, which he had received on account of the Great Northern Railway Company, his masters; also, unlawfully obtaining an order for 460l., and an order for 42l. 10s., by false pretences: to both of which he
PLEADED GUILTY . Aged 34.—(The prisoner received an excellent character.)— Confined Eighteen Months.
WILLIAM MILLER . I am thirteen years old, and am in the employ of James Lowden, of Addle-street. On the day before I was before the Magistrate, about half past 2 o'clock, I was resting in London-wall, with a bag containing tapes, needles, and worsted, and the prisoner Brown came up and asked me if he should carry the bag—I said, "No," because I had not got any money; he said that he would carry it without money—I let him carry it, and when we got to Camomile-street, I asked him if I should carry it—he said, "Yes"—I did so, and missed him—he came up to me again at the corner of the Minories, and asked me if he should take it—I said, "Yes"—Clarkson was then with him, and a little way the first time—when we got to the archway Clarkson took out his tobacco box, and Brown said, "Is that all the tobacco you have got?"—he said, "Yes"—Brown said, "Here is a little tobacco shop here"—they sent me in for 1d. worth of tobacco—I came out before I was served, as I had a good deal of suspicion, and saw Brown with the bag on his shoulder; he said that it was all right, he was only waiting for me—I went into the shop, got the tobacco, and gave it to Clarkson—Brown was gone—I asked Clarkson where he had gone—he said, "Down that way," and I took the first turning to the right, then another turning to the right, and saw him with the bag on his shoulder—I ran up, and caught hold of the bag—he was not going the way that Clarkson told me; he told me to go towards the Tower, but I turned the contrary way—I said, "Give me my goods;" he said, "Oh, you young fool! I was going round to the tobacco shop again"—he set it down, three or four people came round, and a gentleman called a policeman—I did not see Clarkson again till he was in custody—I am sure he is the person.
Clarkson. Q. Did I interfere with the bag in any way? A. No—Brown asked you for a penny for the tobacco—I saw the bag as Brown turned the second corner.
pointed out to me, coming into the Minories from the Tower; I took him back to the boy, and then to the station—he said that he did not mean to take it—I found on him a pocket book and a harmonic card—on the next day, while waiting to go before the Magistrate, he said that he had known Clarkson three weeks or a month—I took Clarkson on the following evening, the 21st, at No. 21, Great Mitchell-street, St. Luke's, where he was living with his father-in-law—he came to the door, and I asked if those were Clarkson's apartments—he said that they were not—I said, "I am sure you are the man I want, I charge you with being concerned with a boy in stealing haberdashery in the Minories"—he said that he knew nothing of it—I said, "You have no need to state anything unless you choose"—he said that he supposed it was through a boy who he was with the day before in the Minories, who had lent him a penny—I took this tobacco box from him, and found on him this harmonic card, corresponding with that found on Brown.
(Clarkson produced a written defence, stating, that he met Brown carrying the bag, who went round the corner, stating that it was for a certain purpose, while the boy was in the tobacco shop.)
Browns Defence. I did not attempt to steal it.
CLARKSON— GUILTY . * Aged 31.— Confined Two Years.
BROWN— GUILTY . Aged 18.— Confined Six Months.
MR. COOPER. conducted the Prosecution.
WILLIAM HENRY CROSS . I am shopman to John Henry Tapper and another, woollen drapers, of No. 75, Bishopsgate-street. On 28th Nov., about 5 o'clock, the prisoners and another woman came—the one not present asked to be shown some black cloth to make a mantle—Mr. Long served her, but I was close by; he showed them three or four pieces, but none of them suited—I then assisted, in order to effect a sale—nothing was fine enough or glossy enough to suit them—when they were about to leave, Bashfield was five or six yards in advance of the other two, and on leaving the doorway I noticed something bulky about her person, which raised my suspicions; I followed her to the street, and saw her drop a piece of doeskin on the pavement—I raised an alarm, Long came out, ran after her, and brought her back—this is the doeskin (produced)—it is Messrs. Tapper's property, and was within two or three yards of the door—it is worth 6l. or guineas—I lost sight of the other women, but when I went to the station I saw Gray outside the door, and gave her into custody—they all three looked at the cloth.
Cross-examined by MR. DOYLE. Q. Did you see the doeskin leaning up against the doorpost as Bashfield went out? A. I did not, it was in her arms, I should say, or under her shawl—I saw her drop it—this is the shop mark on it—Bashfield had a dark shawl on.
COURT. Q. Where was the doeskin when the prisoners came in? A. Near the door, but on the counter, which is two yards from the door.
WILLIAM GEORGE LONG . I am shopman to Messrs. Tapper. I recollect the three women coming—the prisoners are two of them—they came up to me as they came in, and asked to be shown some black cloth for mantles—I took them to the counter, and showed them seven or eight pieces, but none would suit them—Bashfield kept walking up and down the shop—she
went out five or six yards in advance of them—Crow went out, and pushed away one of the prisoners and the woman not present—I went out, and he called to me—I pursued Bashfield, and brought her back—I am sure the prisoners are two of the women.
Cross-examined. Q. Did you lose sight of Bashfield at all? A. No—I did not see Gray again till the next morning, when she was brought to the Mansion House, and I had no doubt about her—I did not see anything under Bashfield's shawl.
DANIEL WEBB . (City policeman, 650). I was in Bishopsgate-street, about half past 5 o'clock, and saw the last witness bringing Bashfield towards the shop—I went into the shop, and she was given into my custody for stealing the cloth—she said, "Oh! do not, I did not do it"—going to the station, Gray came up and spoke to her, and called her "Caroline"—I separated them, and would not allow them to speak—further down she tried again, and afterwards a third time, but I separated them.
Cross-examined. Q. She called her Caroline? A. Yes her name is Charlotte.
BASHFIELD— GUILTY . * Aged 21.— Confined Twelve Months.
GRAY— NOT GUILTY .
MARK HAYNES EDLIN . I am a farmer at Ickenham. On 5th Dec. I missed part of a rick cloth from my hay rick—I had seen it safe on 24th Nov.—I also missed some hay cloths from my cart house; I had seen them on the same day—these (produced) are them, they have my name on them; the prisoner Iras in my employment at the time I missed them.
FRANCIS GOUGH . (police sergeant, T 24). On 1st Dec., about 10 o'clock in the morning, I was on duty at Ickenham, and saw the prisoner coming from Mr. Edlin's rickyard, carrying an old rick cloth of this description—I knew he was in Mr. Edlin's employment, and did not stop him.
THOMAS BUNCE . I am a gatherer of rags and bones I purchased these cloths of the prisoner; I do not know the time exactly, it was about a week after Mr. Edlin lost them—I bought them in three lots, and gave 1s. 7d. for them—I sold them afterwards with a lot of rags, I do not know what for, to a person named Langley.
Prisoner's Defence. I was going up the lane one morning, and saw a bundle lying in the water; I took them out and dried them, and sold them to Thomas Bunce.
GUILTY. Aged 18.—Recommended to mercy. — Confined Four Months.
(The witness Bunce was not allowed his expenses.)
About 9 o'clock, on 13th Nov., I was in Oxford-street, I met the prisoner Hill there—she asked me the way to Bloomsbuiy-street—I directed her—she then wanted to know where I was going—I said I was going home—she wished me to accompany her home—I at first objected, being rather late; at last I consented, and went home with her—she took me to a house in Barley-court, Drury-lane; we went into a room there, she then went outside and called Began, who came in, shut and locked the door, and placed herself against it—she then said I should not go till I had given her some money—I told her I did not come there with any intention of giving her any money—I did not take her to be a prostitute at the time—she said she did not care for that, I should not quit the house until she had some of me—she said, "Where is Jack? fetch in Jack; he will soon make him give up his money"—she took up the poker, and threatened to beat my brains out if I did not give her all the money I had in my pocket; being frightened and alarmed at their threats, I gave them 6s. 6d., all the money I had in my pocket—Began said that was not all I had, and she came and felt my pockets, and put her hand inside to see if I had not any more—when she found that I had no more, she used bad language to me, and told me to go out—I went away, and being rather late that evening, I did not interfere about it then—I went to Bow-street on the Monday evening, and spoke to the inspector, and he sent me with a policeman—we went to the same house; I found Hill there, and gave her in charge—nothing had been said about money before Hill went out and called Began in—she said nothing about money until she demanded all I had in my pocket—I refused giving her any then; I had not done so before—I did not go to the house with her for any improper purpose, I took her to be a respectable young woman; her language was very civil at first, I thought she was merely inviting me to go home with her.
WILLIAM THORN . (policeman, F 75). I went with the prosecutor on the Monday evening to this house, Barley-court—I there saw Began, another young woman, and a man—the prosecutor pointed to Began, and said, "That is one of them"—I said, "Are you quite sure?"—he said, "Yes, I am"—I said, "Be certain"—he said, "That is one"—she made no reply—I took her into custody—on the Wednesday evening I went again to the same house and found Hill there, and a man—I told her I should take her into custody for robbing a young man named Samuel Panton—she said, "What, is that little snot coming to swear against me too!"—at the station when she was told the charge, she said, "It is lie, it was not 6s. 6d., it was 4s. 6d."
Regan. It is my first offence, I am very sorry for it.
Hill's Defence. All I received from him was 3s., and he asked me for one back again; I said I would not give it him; he wanted to stop with me all nighty and said he would pay me on the following Saturday; I would not stop with him, and he said he would give me in charge; as to the poker, there was none in the room.
Hill. He offered me 2s. in the street, and I brought him home for it.
Witness. I did not, I never mentioned anything about it.
(Hill was further charged with having been before convicted.)
Oct., at the Middlesex Session, and that the was sentenced to Six Month imprisonment)—I was present at the trial—Hill is the person there referred to.
HILL—GUILTY. * Aged 22.— Confined Twelve Months.
REGAN—GUILTY. * Aged 29.— Confined Six Months.
MR. SERJEANT BALLANTINE, with MR. HOLL, conducted the Prosecution.
EDWARD MOSTYN BARON MOSTYN . On 21st Nov. last, I received this letter (produced), it was contained in this envelope—I received it through the post—to the best of my belief, the letter is in the handwriting of the defendant—Captain Brooke was married to a natural daughter of the late Sir Thomas Mostyn.
Cross-examined by MR. SERJEANT PARRY. (with MR. COLE.). Q. I believe this letter is directed to Mostyn-hall? A. It is—that is where I reside—I have not the slightest doubt about this being the handwriting of Captain Brooke, I have had several letters from him—to the best of my recollection I have never seen him write—I have had letters purporting to come from him—I have not teen him for some years—I never saw or conversed with him on the subject of those letters—I reside in town during the season—I did not inherit my uncle's estates, I obtained them by will—I cannot speak to the value of the whole of the property that I so obtained; I should be obliged to refer to the incumbrances existing upon it—supposing there had been no incumbrances, it would have been worth, perhaps, 30,000l. a year—Mr. Westmacott, my solicitor, is in Court, and will be quite prepared to give you information on that point—I am a peer of the realm—I am privileged from arrest, as all peers are—I never refused to answer to a bill in Chancery, on account of my privilege as a peer—I have never done so in reference to these matters; I believe not, certainly, to the best of my belief, I never have—I believe I have had a bill in Chancery filed against me—I have never answered it, that I know of—I cannot tell you whether that has happened more than once—Mr. Westmacott has been concerned for me in all this—my son does not reside at Mostyn-hall, he resides at a place not far from there—this legacy was a charge upon two estates, the Corgysegeddon estate, and the Plashen estate, in Carnarvonshire—the Corsysegeddon estate is now in the possession of my son—I saw Captain Brooke ten years ago.
Q. Has there been more than a sum of 2001. paid to him, or his wife, or child, or any one belonging to him? A. Yes; on one occasion there was 50l. to Captain Brooke, independent of the 200l.—I understand that he went out to the Crimea, or Constantinople—the 200l. was to fit him out—when I saw him on the subject of the non-payment, or withholding of this legacy, I told him that I should do the utmost in my power—I acted under the advice of my solicitor—I expressed my hopes that the defendant would for-bear to take any further means, I had taken the thing voluntarily on myself—I do not believe I urged him, at the interview, to release the estates from the charge of the legacy, and to take my personal bond for the money—the estate was released, and a bond given—I never made him a promise that if he would do that, when my son became twenty-one years of age, I would pay him the money, and I could not exact such a thing from my son; all I said was, that I would do everything to the utmost of my power, and what is going on now will evince that feeling—my son became of age in 1851—I do not think I was afterwards sued on this bond; these matters
are entirely in the hands of my solicitors—I really do not recollect being sued on that bond, and instructing my solicitors to defend the action—I do not know whether I put Captain Brook, on that occasion, to the expense of 200l. for costs in defending the action—I was told that I had got a verdict, and judgment against me for 300l.; I rather think that was just after my son came of age, but am not positive—I promised to do everything in my power, but no more—the Plashen estate is worth rather upwards of 3,000l. a year—my son is in possession of other property which I received through Sir Thomas Mostyn's will; he has the Mostyn property, it was settled on him at his marriage—supposing that property to be unincumbered it would be worth about 8,000l. a year—I reside at Mostyn-hall, that is Sir Thomas Mostyn's mansion; and in town, I reside in a town house—I know nothing about the defendant's child by this lady, being unable to receive a fitting education of account of the poverty of his father—I cannot tell you how old the child is—the young lady never lived with Sir Thomas Mostyn; I never knew that such a person was in existence until after his death—I cannot state the sum I have raised on Sir Thomas Mostyn's property, or whether it is near 400,000l.—am I bound to answer what the amount of my debts are?—you must ask Mr. Westmacott—I do not say that I do not know something like the amount of my debts, but I cannot tell you the amount.
MR. SERJEANT BALLANTINE. Q. With regard to the writing, was there an application made to you for a sum of money which you sent him? A. Yes; I received a letter, acknowledging it, and have not the slightest doubt that the writing was his—I sent the money to Mr. Pemberton, and received a letter, purporting to come from the defendant—Sir Thomas Mostyn died in April, 1831; I was then thirty-five years of age—when I found out that there was this natural child alive, and that there were other encumbrances, I learned that the estates upon which these legacies were settled were inadequate to discharge them—those are the estates that have been spoken of—I at that time took the matter upon myself voluntarily—I have since that time left the matter entirely in the hands of my solicitor, to make the best arrangement he can, and I know that proceedings are being taken now to effect that object—Mr. Westmacott has been acting for me between three and four years.
MR. SERJEANT PARRY. Q. Was Mr. Westmacott concerned in any action in defending this bond? A. I think not, but I really do not know—Mr. Westmacott has all the documents and all the papers connected with my property.
HENRY SEYMOUR WESTMACOTT . I am a partner in the firm of Westmacott and Blake, solicitors. We have acted as solicitors for Lord Mostyn and the Hon. Thomas Mostyn, the son—the solicitors were Messrs. M'Cloud and Co.—we received all the papers, and have them—there are proceedings at this moment in Vice-Chancellor Wood's office for the purpose of arranging this legacy for the benefit of the child—I know that Mr. Brook has made over his life interest in it, and that it is by reason of his insolvency that the assignee claims an interest, because I have lately had to pay the official assignee under the insolvency, in respect of a portion of the interest, for which proceedings were taken on a bill given to Captain Brook—the whole of that inquiry was only for the benefit of the child—the encumbrances on Lord Mostyn's estates are very large, from which a difficulty arises in his meeting this claim—he took those voluntarily upon him—I have received two letters from Mr. Brook, and have written once in answer to the first—I received a reply, in which was an allusion to my letter—I have no doubt that this letter is his writing.
Cross-examined. Q. I understand that you have received letters, you have never acted upon them in conjunction with Captain Brook, you have never seen him or spoken to him upon them? A. No; I have done something in consequence of the receipt of these letters, but I never saw him till to-day—the Flashen estate has been sold—I really do not know what it fetched—it was before I became concerned, some years—I have mastered the subject of Lord Mostyn's affairs so far as regards the estates of which I have had the management, the Mostyn estate, the Corsysegoddon estate—I know that that estate fetched a very large sum—I do not know that the encumbrances were only 40,000l.—there was first of all an Act of Parliament, obtained under which other estates were substituted for the Corsysegeddon estate—a suit was then instituted under Sir Thomas Mostyn's will, by which all the particulars of all the estates were taken, and all the encumbrances ascertained—I do not know that the estate realized 144,0001.; I have not heard it, nor has it been communicated to me—I have heard that it was upwards of 100,000l., but have not heard that it was 144,000l.—I do not know from any Master's report, or any document in my possession—I have not heard of the encumbrances on this particular estate—I believe the Corrysegeddon estate to be worth upwards of 100,000l.—Lord Mostyn never stated, in my presence, that these two estates were only worth 150,000l.—I say that it is worth more than 100,000l., and that does not include the encumbrances—there were certainly more than 45,000l. encumbrances on that estate; I cannot tell you the amount; I cannot answer you whether there was 50,000l. because of the debts; when they were created there was a great deal more on the Corrysegeddon, but do not know whether more than 54,000l. was existing on the death of Sir Thomas Mostyn—the Corrysegeddon, in common with other estates, is mortgaged to more than its value in conjunction with other estates—I am aware of a personal bond of Lord Mostyn's being substituted; it was a deed of covenant, I think—I was not concerned in that action—Captain Brook, by his trustees under the settlement, obtained judgment for 23,000l.; they were Mr. Rochford Clark and Mr. Hyde Clark—I do not know whether the action was defended, or that the costs incurred by Captain Brook have never been paid to this hour—I have not seen the papers relating to this action.
Q. Do you know what the consideration was for the settlement of the property on Lord Mostyn's son? A. I throw myself upon his Lordship—I am solicitor for the Hon. Thomas Mostyn, and in all these arrangements I was concerned for the son, and not for Lord Mostyn, on the settlement that was made on his marriage—I have no objection to state anything which his Lordship thinks ought to be divulged of the affairs of the Hon. Thomas Mostyn—I do not know the amount of the debts for which Captain Brook was in the Insolvent Court; I believe it to be considerably more than 2,000l.—I only know it from his schedule—I have his schedule in my hand, which you are very welcome to—I think Lord Mostyn's debts are about 300,000l., since this bond which he took voluntarily on himself—I was not his solicitor at that time, and had nothing to do with it—a sum of 400,000l. has certainly not been raised on the whole property which he took, except by the accumulation of mortgages—sums have been raised to pay off the former debts—all the estates were encumbered with numerous mortgages, and my first duty was to get rid of them all, and put them in a single mortgage.
MR. SERJEANT BALLANTINE. Q. With regard to all this amount of encumbrance. Lord Mostyn has not added to it at all? A. Scarcely anything—he,
unfortunately, has taken upon himself 150,000l. of the late Sir Thomas Mostyn, very imprudently, believing that the estates were amply sufficient to pay; his personal estate was deficient, and all that kept Lord Mostyn in a state of embarrassment—that has been, in my judgment the cause of his present embarrassment—that was the primary cause of his inability to meet this present debt, and I may say that Mr. Thomas Mostyn is now raising a very large sum on his estates, more than 100,000l., for the purpose of liquidating the debts of Lord Mostyn, and among others this present debt of Captain Brook; but Sir Thomas Mostyn is not liable for a single shilling of it, and in the event of his succeeding in doing that, certainly a very large dividend will be paid—6s. 8d. has been offered, but not secured—that is on the estates.
MR. SERJEANT PARRY. to LORD MOSTYN. Q. At the time there was this arrangement about the charge on the estates being released, and your entering into a personal bond, did you state to Captain Brooke as a reason why he should enter into that arrangement with you, that the two estates of Corsysegeddon and Plashenwere worth only 150,000l. together? A. I have no recollection of stating anything of the sort—I do not remember the subject being mentioned.
MR. BALLANTINE. Q. I suppose in estimating the value of an estate you look at the encumbrances? A. Undoubtedly.
(The letter was here read, as follows: "My Lord,—No notice having been taken of my last two letters, I conclude you have resigned what little right you had to be treated like a gentleman. One would suppose that the deep obligations you are under to me would cause you to act differently, but as you seem perfectly callous in mind, I shall now make proof of your body, and shall kick you, in the most public place in which I can find you; besides this, it is my intention to appeal to your brother peers as to whether the conduct of which I can prove you guilty, will not cause your ejection from your seat in their house. You may rest assured that if we both live, I will make you repent your villany; you shall not rob me, as you have done others, with impunity.")
(MR. SERJEANT PARRY. submitted, that there was no evidence of publication; that this was a mere private letter addressed to Lord Mostyn; and the only way in which such a document could be deemed libellous, was by its having a tendency to create a breach of the peace, and in the present case the indictment contained no such allegation. MR. COLE. (on the same side) urged, that this was not an indictable offence; here was a sealed letter, sent to a certain individual; and although it might contain such language as would induce that person to commit a breach of the peace, which would be an indictable offence; this case was charged simply as a libel; there was no publication to the world, and therefore nothing to bring it within the law. MR. SERJEANT BALLANTINE. (with MR. HOLL.) contended, that it was unnecessary to allege that it was calculated to produce a breach, of the peace, if it was clear from the nature of the libel that it had that tendency; he submitted that the libel in question clearly had that tendency; and as the indictment did allege that this was done "against the peace of the Queen," such an averment was all that was required. MR. SERJEANT PARRY, in reply, contended, that it was absolutely necessary
that the indictment should contain an allegation of an intent to commit a breach of the peace, and referred to Rex. v. Wegnia, 2 Starkey, 245, as an authority to that effort. The COMMON SERJEANT. was of opinion that there was evidence of publication to go to the Jury; it was not necessary to allege or to prove publication to all the world, it was of option that there of the libel to the party libelled; he was also of opinion that it was not necessary to allege in the indictment an intent to provoke a breach of the peace, and the case referred to, rather went to support that view.)
GUILTY, under very great provocation. — To enter into his own recognizances in 500l. to appear, and receive judgment when called upon.
MR. CAARTEN. conducted the Prosecution.
NEHEMIAH STIMPSON . I live at No. 7, Bridge-avenue, Hammersmith. On Thursday evening, 4th Dec., between 7 and 8 o'clock, I returned home and heard a noise in the next house, No. 8, which is unfinished, and belongs to Thomas Stimpaon, my cousin—I went to King-street, and them met Back, a policeman—I returned with him, and a constable named Cant, and went with them into the house, No. 8, and up to the attic window, which is one flight of stairs below the attic floor—I did not go to the attic; I stopped on the landing, and saw the prisoner Pine on the attic floor, under the window, lying on the joists, trying to conceal himself—the room was not floored—I found some lead on the staircase, and some on the attic floor—the top stairs are ten feet from the roof of the house—a trap door leads to the roof—after Fine was secured, I went on the roof, but found no one there—we found Barker and Birch on the roof of an addition to the building they were getting out of the staircase window—next morning I missed some lead from the gutters, which? had seen safe on the Monday morning previous.
Cross-examined by MR. HORRY. Q. Was that Westminster Militia day? A. I do not know—the two on the roof were sitting with their backe against the wall; there was nothing to prevent my seeing them—they came down with us quietly—I believe they all said that they had gone on to the house to sleep—I did not hear them say that it was the militia day, and they had been out, and got tired.
MR. CAABTEN. Q. They came down quietly; ware they not in custody? A. Yes—the two on the roof were twelve or thirteen feet from the gutter where the lead was missed.
JOHN BACK . (policeman, T 189). went with the last witness and another constable to No. 8, Avenue-road, got over the fence in front of the house, and as I stood on the door step I saw person on the third floor, the attic, walking across the joists—there were no windows or floors to the house—I went up to the attic and found Fine, lying on the joists, close by the window, and on the attic stairs two pieces of lead, 132 Ibs. weight, rolled up, ready to take away—I looked through the staircase window, and saw the other two prisoners sitting upright on the slates—I called them; they came down, and I took them to the station.
Cross-examined. Q. Had the militia been out? A. Not that I am aware of.
JOSEPH GANT . (policeman, T 217). I assisted in taking toe prisoners—next day I took portion of the lead to the roof, compared it with what was left in the gutter, and it matched—the cuts appeared quite recent, and matched.
PETER JUPP . (policeman, T 269). On 5th Dec., about quarter past 6 o'clock in the morning, I went to No. 8, Avenue-road, and in the garden found this knife (produced), about fifteen feet in the rear of the house; it was shut up, but one end was sticking in the ground—it must have been thrown from the house.
BARKER— GUILTY . Aged 19.
BIRCH— GUILTY . Aged 18.
PINE— GUILTY . Aged 17.
Confined Four Months.
112. JAMES FORD and HENRY SILCOCK , burglariously breaking and entering the dwelling house of William Richard Baker Sellon, at Willesden, and stealing therein I shawl, value 9s. the goods of Catherine Chaplin; 2 pairs of boots, value 6s.; the goods of Amelia Chidley; and I purse, 4 candlesticks, 5 blankets, and other articles, value 25l. 14s.; the goods of the said William Richard Baker Sellon.
MR. BAKER SMITH. conducted the Prosecution.
CAROLINE CHAPLIN . I am a domestic in the family of Captain Sellon, of Kilburn. On Tuesday night, 2nd Dec., I went to bed about 11 o'clock, having seen that the doors and windows were all fastened—the back door, leading to the garden, and the window over it, were also fast—I came down in the morning, at about a quarter past 7 o'clock, and went into the kitchen—I noticed, at a little before 8 o'clock, that the door and window were open—I saw two ladders near the window, and a work box and tea caddy on the lawn—I missed a shawl of mine, two pairs of boots of Amelia Chidley's, and a counterpane, blanket, and other articles of Captain Sellon's—this table cloth (produced) is Captain Sellon's, and so are these blankets—this elastic shirt is a very old one of Captain Sellon's.
Cross-examined by MR. SLEIGH. Q. You are not the washerwoman, but the cook? A. Yes; but I air the captain's shirts—this elastic shirt is worn in the back; there is no particular mark on it—there were two or three old ones left at home, and this was one of them—I can swear to it—Captain Sellon is not here.
DENNIS MADDEN . (policeman, S 54). On 4th Dec., about 4 o'clock in the morning, I saw the prisoners, standing still, in the Kilburn-road, about 300 yards from Elm Lodge—I said nothing—one of them said to the other, "Good night, Bill" and one went up the Kilburn-road, towards Elm Lodge, and the other towards Kilburn station—I am quite sure of them—I did not notice that they were carrying anything—I had seen Silcock before, three Saturdays previous, at the door of the Prince of Wales beer shop, which is about 100 yards from Captain Sellon's.
WILLIAM WARREN . (policeman, D 27). I know Elm Lodge—it is in the parish of Willesden—on Wednesday, 3rd Dec., I saw the prisoners at half past 2 o'clock in the afternoon—they got over a hedge in the Harrow-road, leading to some stables—they were about a mile from Elm Lodge, the nearest way across the fields—they walked along together to a small hay rick, and Silcock put his hand into the rick, and said, "The things are gone"—they then came up nearer to the stable, where? was standing—I ran out and seized them both—Ford said, "What are you taking me for? I did not put the things under the rick"—that was before I had had time to speak to either of them—I told them that they were the two I had been waiting for, and took them into the barn, where there was a bundle, containing five blankets, four large plated candlesticks, and all these things produced, except the work box and tea caddy—I said, "I shall charge you on suspicion of stealing these things"—Silcock said, "You will not be able to bring it home
to us"—I took them to the station, and found the blade of a small dinner knife on Ford, this elastic shirt, and some lucifer matches, which exactly correspond with some produced by the cook.
Cross-examined. Q. Was Ford wearing the shirt? A. Yes—I had been staying five and a half hours at the farm—this other knife, I have no doubt, belongs to the prisoners—Pamphilon, an officer, was with me—the rick is almost close to the stable door, about two yards from it—I had the stable gate sufficiently open to see the rick—Pamphilon was in the same place, within two yards of me—the rick is about sixty yards from the road—the farm yard has some boarding round it, and at the end of that there is a low hedge, which they would have had no difficulty in getting over—I did not say, when I rushed out, "Oh, the things are taken away that you put here; we found you out"—I never spoke to them till my hands were upon their collars, nor did I then say so; I said, "You are the two, and we are waiting for you," in return to what he said—he spoke first, and I put it down in writing the same night—the very words were, "I did not put the things under the rick"—I copied the memorandum as soon as I returned from the police court—I have a rough copy here of the report of what took place—the words he made use of were not, "I did not put the things there," but, "What are you taking me for? I never put the things under the rick"—I was examined before the Magistrate—(looking at his deposition) it is "there" in this, but Mr. Fell might have misunderstood me—I have been twelve years in the force—Silcock said that he and Ford had got over there for a natural purpose.
WILLIAM PAMPHILON . (policeman, D 115). I was with sergeant Warren at Mr. Higgins's farm, in the Harrow-road—I saw the prisoners get over a hedge into the field, and then into the rick yard—Silcock put his hand into tie rick, and said to Ford, "They are gone"—we then went from our hiding place—sergeant Warner seized them, and I took Silcock from him—Ford was the first who spoke—he said, "What are you taking me for? I know nothing of the things"—Warren made no observation that I heard—I took Silcock into the barn, showed him the property, and told him that I should charge him with stealing it—I searched him, and found this purse (produced), containing half a sovereign, and a knife, and 2 1/2 d. in copper—I then took him to the station.
Cross-examined. Q. Did Warren rush out and seize these men at the moment that you and he saw them come up to the rick? A. No; we were both close together—the stable door is not more than two or three yards from the rick—Warren did not say, "Oh! you thought you would find the things there;" if he had I must have heard him—they said that they had merely got over the fence for a natural purpose.
CAROLINE CHAPLIN , re-examined. This purse belongs to one of the family, I do not know who; it is very dirty now, but it was quite clean the day before—the knife was in the pantry, the edge was notched on the same morning, and it has "J. T." on it; it is a very old one—it is some time since I saw the purse in the dining room, but I will swear that I have seen it.
WILLIAM JOHN STEER . I am cow man to Mr. Higgins; he has a farm on the Harrow-road. On 3rd Dec., at 8 o'clock in the evening, I went into the yard, and found a bundle of things tied up, under some litter, by the side of the rick; I carried it to the barn, and afterwards gave it to sergeant Warren, who examined it—they were in this wrapper which they are in now.
house, Elm Lodge, Kilburn. On this night I went round the house, and saw it secure; I looked at the lower bolt of the back door, but not at the sash hasp of the window over it—I went to bed at 1 o'clock on the Wednesday morning, Dec. 3rd—next morning I noticed something from my bedroom window, and about a quarter to 8 o'clock the cook came up to me—I discovered foot-marks in the adjacent ground—I found the back door open, and five wooden bars and one iron bar forced from the cellar window—I traced the footmarks across the lawn, and over the fence leading to the fields towards Kensal-green—I did not trace them further, but they went in a straight line towards Higgins's farm—I afterwards examined some boots which were brought to me—there were footmarks of two people; one set of which were much wider than the other, and in both was a double row of nails—I only compared the boots with the marks by recollection, as it had been snowing and raining since—to the best of my recollection, I have seen this purse at my father's, but will not swear to it, aa there are so many like it.
MR. SLEIGH. called
CAROLINE TAYLOR . I live at No. 7, Plough-court, Fetter-lane. I have known Silcock four months, I am no relation of his—I do not wish to look at that purse, I can give you full evidence without looking at it—I have often seen it—it his been in my possession till three weeks ago, when I gave it to Silcock again, as a few words occurred—I had had it three months and better—this is it (looking at it)—I am a bookbinder, and have lived in that house two years—I am not married.
MARY ANN EDWARDS . I am single, and am a brush drawer, and have worked at Mr. Willis's, No. 36, Tottenham-court-road, for five weeks, and I have been servant to Mr. Williams, a solicitor—I have known Ford two years—I know this shirt by going to a person who washes for him, and I washed it for him, and top awed it on the Saturday before; there is also a hole in the back, and it has never been washed since; it was rough dry when he put it on.
FORD— GUILTY . Aged 26.
SILCOOK— GUILTY . Aged 29.
Confined Two Years.
113. DANIEL FRANCIS GEARON , forging and uttering a receipt for 1l. also, a receipt for 5s. 3d. also, a receipt for 7s. 3d. also, a receipt for 4s. 3d.; also, a receipt for 8s. 6d.; with intent to defraud: to all which he
PLEADED GUILTY, and received a good character. Aged 27.—Recommended to mercy by the Prosecutor. — Confined Eighteen Months.
NEW COURT.—Tuesday, December 16th 1856.
PRESENT—Mr. Ald. CARTER.; Mr. Ald. ROSE.; and MICHAEL.
Before Michael Prendergast, Esq., and the Sixth Jury.
PLEADED GUILTY . Aged 63.— Confined Nine Months.
PLEADED GUILTY . Aged 17.— Confined Six Months.
PLEADED GUILTY .— Four Years Penal Servitude.
MESSRS. ELLIS. and BODKIN. conducted the Prosecution.
WILLIAM WILKINSON . I produce an examined copy of the prisoner's previous conviction—(Read: "William Suttwan, Convicted at this Court, in Feb., 1856, of uttering counterfeit coin; Confined-nine months)—I was an officer then, and was present—the prisoner is the person.
SARAH CHESSMAN . I am shopwoman to Mr. Mapleden, who keeps a pie shop in Shoreditch. On 18th Nov. I saw the prisoner in the shop, about half past 8 o'clock in the evening—he asked for a penny pie, I served him, he gave me a half crown—I gave him change, and he went out—I put the half crown in the till—there was only one other half crown there, which I had taken of a female a few minutes before—I left them both in the till till my master came home, and gave them to him—I did not mark them—on the 21st I saw the prisoner again—I knew him at once when he came into the shop—he asked for a penny pie, and gave me a half crown—I went to my master, and gave it him, and told him it was the same man that had come on the Tuesday evening.
Prisoner. If I was there on the Tuesday night, I should think you could swear to the one I gave you. Witness. They are both of one date and of one mould.
WILLIAM MAPLEDEN . On 18th Nov. I took two half crowns out of my till—I wrapped them in a piece of paper, and put them at the back of the till—on the 21st I saw the prisoner in my shop—I got from the last witness a half crown, and she said, "This is the man that was here on Tuesday evening"—I told the prisoner the half crown was a bad one—he asked me to let him look at it, I refused—he ran away, I ran after him, and hallooed "Stop thief!"—the officer took him—I gave the officer the three half crowns—I kept the two taken on the 18th separate from, the other.
HENRY HAGERTY . (policeman, G 215). I heard the cry of "Stop thief!" and saw the prisoner running—I ran, and caught him in Batemanrow—I took him into custody—I received these three half crowns from Mr. Mapleden.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint These two half crowntf, passed on the 18th, are bad—they are of the reign of George III., 1819, and are the same date, and from the same mould—the one passed on the 21st is also bad, it is of William IV., 1836.
Prisoner. I was not in London on the 18th, nor within ten miles of it.
Prisoner. You could hardly pick me out in the Court till I was pointed out Witness. No, I picked you out from others—I found no difficulty in it at all—I knew you directly, the others all appeared shorter than you.
GUILTY .— Four Years Penal Servitude.
MESSRS. ELLIS. and BODKIN. conducted the Prosecution.
outside the door—it was 3 1/2 d.—he bought it—he then asked for a half pint milk jug, and had one for 3d.—he gave me a 2s. piece—I gave him change, and he went away—I put the 2s. piece on the mantel piece, there was only a six-pence and a 4d. piece there—that was all the silver I had—I afterwards tried the 2s. piece, and found it was bad—I showed it to Mrs. Kay, and she said it was bad—I did not let it go out of my sight—about twenty minutes afterwards the prisoner Apple ton came and looked at the things outside the shop, and asked for a 2d. white basin—I showed him one, he bought it—he gave me a florin, I put it in my mouth and bit it—it was in very bad one—I told him so, and I said I had no doubt he was connect with the other man, and I would give him in charge—he ran out of the shop, and left the basin behind him and the florin—he was brought back in two or three minutes by the policeman, and I saw the milk jug that I had sold to Powis, taken from Appleton's pocket—I gave the two florins to the policeman—I am quite sure the prisoners are the two men—I saw Powis brought in custody the next morning—I am quite sure he is the man.
Powis. Q. When. I was in the station, did you not say, "That is him," and in two or three minutes afterwards did you not say, "No, I don't think it is"? A. Yes, and the reason was, your coat was buttoned up when I saw you, and it was not so then—I said, "That is not the coat he had on," but I will swear to you.
MR. BODKIN. Q. Did you notice his features? A. Yes, and noticed that he was marked with small pox.
WILLIAM BIRCH . (policeman, B 214). I took Appleton into custody, and took him back to the last witness—he said that he was not aware that the florin was bad—I searched him, and found this milk jug in his pocket—he said another man gave it him to come and purchase a basin for him, and he did not know the man—I had seen Appleton about ten minutes or a quarter of an hour before, and Powis was with him.
Powis. You said you thought we were together. Witness. No, I never said any such thing—I knew you perfectly well—I took you into custody only a few weeks before, for a like offence—what I said was, that I saw a person with Appleton, who I believed to be you.
SARAH LUSH . re-examined. I know this milk jug perfectly well—I had had it too long by me—it is the one that I sold to Powis—here is my mark, 3d., on the bottom—I gave the two florins to Birch at the police station—I marked them before I gave them to him—they have the marks on them now.
ANN BATH . I am the wife of John Bath—he keeps a chandler's shop. On 10th Nov. Powis came, and bought three pounds of potatoes for 2d—he gave me a shilling—I gave him change, all in coppers—after he was gone I examined the shilling, and found it was bad—I ran after Powis—I saw him running, but I could not run so fast—I gave the shilling to the officer Byrnes.
Powis called the following witnesses for his Defence.
GEORGE PARSONS . I live at No. 1, Little Ebury-street—I know the prisoner Powis—on the Monday before the Tuesday on which he was taken, he was indoors from 3 o'clock till 6—I left him at 6 o'clock—he does not
live in the same house with me—I was at his house—he lives at No. 4, Robert's-buildinga—I had tea with his mother, and at 6 o'clock he was there—he went out between 2 and 3 o'clock, to get some stuff for the toothache—he went back again to change the stuff—I went with him, and came back with him at 10 minutes to 3 o'clock—we looked at the clock at the Orange public house, which is about 200 yards from where the prisoner lives, in Robert's-buildings—I am sure he went straight in after looking at the clock at the Orange public house—I do not know Morton-street.
Cross-examined by MR. ELLIS. Q. How happened you to be at his house on that day? A. I was there with him—I had been with him before, since I was out of employ—that was not the first day I was out of employ—I think it is eleven weeks since I was first out of employ—I had been employed in a ham and beef shop—I had been out of employ six or seven weeks before that Monday—during that time I had been sometimes with him, and sometimes looking out for a place—I slept with Powis some part of the time—I cannot tell how often I slept with him during that eleven weeks—he asked me to come and sleep with him for company—I cannot say how often that has happened, two or three times a week—I forget what time I first got to his house on the Monday—I cannot remember whether I slept at home or with him on the Sunday night—Mrs. Shanns, the land-lady, lives at No. 4, Robert's-buildings, as well as the prisoner—I am not aware whether she is here—the prisoner's mother is here—she was there on that Monday—we were having tea—she was with him from 3 till 6 o'clock—we had tea between 4 and 5 o'clock—there was no one at tea but the prisoner, and his mother, and me—I went out at 6 o'clock, leaving him and his mother there; I went to see a gentleman about a place—I heard on the Tuesday morning that the prisoner was taken—his mother and I went to the police court, but he was taken down, we were not there in time.
COURT. Q. Where was the last place you lived at? A. In the London-road, at a ham and beef shop.
COURT. to SARAH LUSH. Q. What was the time Powis came to you? A. It was between 4 and 6 o'clock—it was just as I lit up the gas in the shop—I had lighted the back gas in the shop, and the gas in the parlour—I am sure it was that time.
MARY ANN POWIS . I am the prisoner's mother. He went out that Monday morning between 10 and 11 o'clock: he came home, and went out in the afternoon to get some stuff for his tooth, and Parsons went out with him to change it—he thought it was not right—I do not think they were gone more than ten minutes—I should not think it was 3 o'clock when they came home—he did not go out till about a quarter before 8 o'clock, he was in doors till that time—Parsons left him at 6 o'clock to go to see a gentleman about a situation—he left him there with me—the young man that my son has been taken for, has been to me—they are very much alike, I should hardly know them apart.
Cross-examined by MR. BODKIN. Q. Is the person that is so much like him here as a witness? A. No, I went with him to his house last evening—he is brother-in-law to Appleton; he lives at No. 4, Little Ebury-street—he is very like my son—I saw him last night, and took a person with me, and he says he has destroyed the pan that he had—my son is by trade a barber and hair dresser; he works for a gentleman at Chelsea—he went to him on that day—he went out between 10 and 11, and came back about 1 o'clock—he has known Parsons some time—Parsons lives in Little Ebury-street with his mother, who is a widow—he used to come to my place on
Sunday when he was in employ, and stay till he went to his place in the evening to sleep—I have only one room on the second floor back; I sleep there, and my son slept there—I laid on the floor—Parsons has slept there with my son the last three or four weeks, almost every night—when he was in a situation he used to come in the day, and go to his place to sleep—he had his victuals at his own place, and slept with my son—his mother has only one room—my son came back that day, and had his dinner about 1 o'clock; cold breast of mutton and potatoes—I had my tea between the lights—I lighted up a little bit of candle—I said, "Is that enough?" and Parsons went out and got me some apples, and he brought me in a penny candle—he and I came here to-day—I knew that he was coming to prove that my son was at home—I asked if he would be so kind as to come and say what he could prove—I think he has slept at my house every night since my son has been in custody, except one night.
COURT. Q. Are you quite sure it was him? A. Yes—I do not know that he was doing anything, he was walking very fast—it was about half past 5 or 20 minutes to 6 o'clock—I am quite certain he is the man—that is about 600 or 700 yards from Robert's-buildings.
WILLIAM BIRCH . re-examined. It was about a quarter to 5 o'clock when I took Appleton—I had seen him and Powis together about ten minutes before that—I believe it was Powis—I do not know any other person that is at all like him in person—I do not know a person named Milwood.
THOMAS SYMES . re-examined. I have seen Milwood—he and Powis do not resemble each other, Milwood is rather fuller in the face—they are not likely to be mistaken for each other—they are about of a height, but Milwood is rather fuller in the face—he is not marked with the small pox.
MARY ANN POWIS . re-examined. My son is marked with the small pox—but if I was on the opposite side, I should call alter the other—he is just the height—I should know my own son, as he is marked with the small pox, and the other is not—I might mistake the other for my son at some distance.
POWIS— GUILTY . * Aged 21.— Confined Nine Months.
APPLETON— GUILTY . Aged 20.— Confined Six Months.
MESSRS. ELLIS. and BODKIN. conducted the Prosecution,
GEORGE SIGGERS . I keep the Flying Horse, at Hackney. On 22nd Nov. the prisoner Ward came there—he asked for a pint of beer—I served him—he gave me a florin—I saw it was bad, and told him so—he told me to take half the beer back, and he gave me a penny—I bent the florin double, and kept it—when Ward went out I followed him, and watched him—he joined Pratt about 200 yards from my house—Pratt was walking on, and stopping occasionally, and Ward overtook him-—they walked on towards the Downs—they went together to within about ten yards of the Weavers' Arms, and there they stopped—they had been joined by a third party, but one was not taken—they were all three together when they got near the Weavers' Arms—they then separated; the other two went towards Kingsland-road, and Pratt went into the Weavers' Arms—I followed him in, and heard him dealing for a pint of beer and a screw of tobacco, and Mrs. Collis, the landlady, had got a florin—I took it out of her hand, and it was bad—Mr. Collis took possession of it, and Pratt was detained.
Ward. You came and took me in Kingsland-road, half an hour afterwards. Witness. It was two hours afterwards, after you had been in my house.
MARIA COLLIS . I am the wife of Samuel Collie, who keeps the Weavers' Arms. On 22nd Nov. Pratt came, and asked for a pint of beer and a screw of tobacco—they came to 3d.—he gave me a 2s. piece—I looked at it, and bent it on the counter—while I was doing so, Mr. Siggers came in; he told me to examine the money—I put the 2s. piece down on the counter—he took it up—I am sure it was the same—I called Mr. Collis, and I left the bar—I saw Ward in the bar when the other prisoner was taken, about 3 o'clock.
JOSEPH ANDREWS . (policeman, N 161). I was called to the Weavers' Arms—I took charge of Ward—it was stated that he had been uttering a piece of bad money—he did not make any answer to that, but he said he had sold a waistcoat.
JOHN PEPPER . (policeman, N 368). I took Pratt into custody at the Weavers' Arms, on the 22nd—I produce the two florins—one I got from Mr. Siggers, and the other from Mr. Collis—Ward said he could not account for how he came by it—I asked Ward where he lived—he said he had no home.
Pratt. I told him I had received it in change; I received that 2s. piece and 2 1/2 d. out of a half crown. Witness. No; you said you could give no account where you got it—you said you took it in London, bat could not tell where.
WILLIAM WEBSTER . These two florins are bad, and from the same mould. Ward's Defence, I went into his house, and gave him a 2s. piece; he said it was bad; I had half a pint of beer, and gave him a penny I went out, and asked a man which was the nearest way to the Hare and Hounds; he said he was going, and he would show me; I then went and sold a waistcoat.
Pratt's Defence. I offered it, but did not know it was bad; I never was in such a situation before; I told where I lived, and where I was bred and born.
WARD— GUILTY . Aged 20.
PRATT— GUILTY . Aged 23.
Confined Six Months.
MESSRS. ELLIS. and W. J. PAYNE. conducted the Prosecution.
THOMAS RICHARD WAGSTAFF . I am assistant to Mr. Ward, a chemist, in Grosvenor-street West On 29th Nov. the prisoner came, between 8 and 9 o'clock in the evening, to our shop tor a pennyworth of sugar of lead—he offered me a half crown—I gave him 2s. 5d. in change, and put the half crown in the till—soon after, a female came in, and asked for an ounce of jujubes, and she offered me a counterfeit half crown, which I refused—that did not go into the till—there was no half crown in the till but the one that the prisoner gave me—when the woman offered me the bad one, it excited my suspicion—I took the one that the prisoner gave me out of the till—I found it bad—I gave it to the officer.
JAMES LEAR . I live in Ebuiy-street, with my father, who is a tobacconist. On Saturday night, 29th Nov., the prisoner came to our shop—he asked for half an ounce of tobacco, and two twopenny havannas—they came to 5 3/2 d.—he gave me a half crown—I told him I had not money enough to give him change; I wanted another farthing—he said, "Never mind that"—I gave him two shillings—he went away—I tried the half crown in the money detector, and it was bad—I went with Pateman, and we met the prisoner in custody—I gave the constable the half crown.
Prisoner. Q. Is there anything particular about me more than any other soldier? A. I know you are the man—I saw you again about ten minutes after you had been in our shop—I know you by your face, not by your dress, Prisoner. I am not the person at all.
COURT. Q. What time was it he came in? A. About 9 o'clock—I do not know how far our house is from Mr. Wagstaffs.
JAMES CLARK . (policeman, A 273). On 29th Nov. I received information, and took the prisoner, and a woman named Russell, who was discharged—they were in a beer shop, in Pimlico—I told the prisoner he was charged with passing a bad half crown at a shop in Grosvenor-street—he said he was innocent; he was not the man—he said he had been in no other house but the one he was in, which was the Royal Arms beer shop—I told Russell she was charged with attempting to utter one, which she said the prisoner gave her—as I was taking the prisoner to the station, I met the last witness—I found on the prisoner two good shillings, and 1s. 4d. in copper—Grosvenor-street is about 400 yards from Ebury-street.
Prisoner. I am not guilty of either of the charges; James Williamson was with me from the time I left barracks till I was taken, in the same public house; I never left his company, nor he mine; he was in my company from half past 4 till half past 9 o'clock, when the officer took me.
COURT. Q. Did you go to the police court? A. No—the prisoner did not give me any information about the time—I was at the Royal Arms when he was taken—we had not been in the Royal Arms half a minute—I did not see him pass any bad money while he was in my company—I knew that he was taken up—he did not call on me to go as a witness—I do not know at all whether he went to those places—there was a woman with him when he was taken—she said the soldier gave her the money—he said he had not—I cannot tell whether the prisoner went into a doctor's shop at a quarter before 9 o'clock—I cannot tell whether he bought half an ounce of tobacco—I was in his company about a quarter of an hour—I left barracks, and went to Knightsbridge—I met him and two females—he asked me if I would go and have some beer—we went, and the officer came and took him.
(The sergeant of the prisoner's regiment stated that he had been through the whole campaign, and his character was fair.)
GUILTY . Aged 22.— Confined Four Months.
MESSRS. ELLIS. and W. J. PAYNE. conducted the Prosecution.
Monday, 24th Nov., I saw the prisoner in my mother's shop between 6 and 7 o'clock—she bought a 2d. dried haddock, and offered me a sixpence—I gave her 4d. change—I put the sixpence on the shelf in the shop—I observed it again in two or three minutes, and found it was very bad—I bent it double, and put it on the shelf, which is between six and seven feet high—I saw the prisoner again on the following evening, between 5 and 6 o'clock—she then asked for a haddock, and offered me a sixpence—I looked at it, and it was bad—I said, "This is too bad; one last night, and one tonight; I have a great mind to give you in charge"—I took her by the arm, and put her out of the shop—she was then very abusive, and I gave her in charge—I took the two sixpences to the station, and gave them to the constable.
DAVID DAVEY . (policeman, A 309). The prisoner was given into my custody by the last witness—he charged her with passing bad sixpences—she said she was sent by a woman—I asked her by whom, and she said she could not tell.
Prisoner's Defence. I did not know they were bad.
GUILTY.—Aged 16.—Recommended to mercy by the Jury, she being paralytic, and much afflicted. — Confined One Month.
MESSRS. ELLIS. and W. J. PAYNE. conducted the Prosecution.
FRANCES ANN WATKINSON . I live at the Swan Tavern, Swan-yard, Shoreditch. On Friday evening, oth Dec., the prisoners, M'Donald and Clark, came in about half past 6 o'clock; M'Donald called for a quartern of gin—I served him—Clark was standing near him—he gave me in payment a half crown, I gave him, 2s. 2d. change—they drank the gin, and went away—I put the half crown in the till—I saw my brother go to the till, and he took out the half crown, and it was bad—there was no other half crown there—I had not put any other in—on Saturday evening, about 8 o'clock, M'Kenzie and Clark came in; M'Kenzie asked for two glasses of gin—my sister served him, and he laid down a crown piece—my brother was there, and I told him that that was the woman who had come in the night before—my brother gave the crown to the constable, and the prisoners were given into custody.
THOMAS WATKINSON . I am the brother of the last witness. On Friday evening, 5th Dec., I came in, and took a half crown from the till—it was counterfeit—there was no other half crown there—I placed it on one side of the bar, and gave it to the constable on Saturday evening—on Saturday evening I saw M'Kenzie and Clark come into one of the private boxes—they were served with two glasses of gin by my youngest sister—M'Kenzie put down a crown—I saw it was bad, and sent the potman for the constable—while he was gone, M'Kenzie asked what we kept them for—I said it was a bad crown piece, and I had sent for a constable—M'Donald came in, and he called for a glass of stout—he drank a part of it, and he went and tried to open the door of the private box where the other two prisoners were—I said to him, "My good man, this is a private box"—he then drank the rest of his stout, and took hold of the door of the private box and pulled it open, and M'Kenzie and Clark were about to go out—I stopped them, and the barman came back, and with him the constable—they were given in charge—at the station, M'Donald took his oath that he gave the young
woman behind the bar the half crown the night before—he said it, I suppose to get Clark away—he said Clark was with him, but he had passed the half crown—M'Donald pulled the door open, and when I stopped him he struck me—I gave the half crown and the crown to the constable.
M'Donald. You knocked me down before I struck you. Witness. No; I pushed you down, but you had struck me first—I did not see that you had a paper in your hand, and that you wanted to get a light—I took my sister down to the station to identify you as having been there the night before.
Clark. You did not say it was a bad crown till the policeman came in. Witness. Yes, I did—you offered to pay for the liquor.
THOMAS TOWNSEND . (police sergeant, H 6). On 6th Dec., I was called to Mrs. Watkinson's—M'Kenzieand Clark were given into my charge for passing bad money—M'Kenzie said that Clark knew nothing of it, that she waa an unfortunate woman, and he merely took her in there to treat her—Clark said that M'Kenzie was her husband—she wanted to pay for the liquor.
PATRICK GERGLITY . (policeman, H 159.) I took charge of M'Donald; I took him to the station—when he got there he seemed to be under the impression that Clark was in custody for passing the half crown the night before—he said, "I don't like to see a poor unfortunate woman locked up for nothing; it was us"—M'Donald said that the young man assaulted him in the house, and robbed him.
(The statement of M'Donald before the Magistrate was hem read as follows: "On the Friday night I deny giving her the bad half crown.")
M'Donald's Defence. I was in the house on Friday night, and gave the half crown; I did not know it was bad; I went in on the Saturday night, and was going to have a glass of stout and light my pipe; I was knocked down, and lost the handkerchief off my neck, and eight or nine shillings out of my pocket; there were other persons in the bar at the time I was, and it is possible some other persons might have given a half crown.
M'DONALD— GUILTY . Aged 33.— Confined Twelve Months.
M'KENZIE— GUILTY . Aged 24.— Confined Nine Months.
CLARK— NOT GUILTY .
MESSRS. ELLIS. and W. J. PAYNE. conducted the Prosecution.
JAMES MARSHALL . I live in Foley-street, and am a grocer and cheese-monger. On Saturday, 22nd Nov., the prisoner came, between 8 and 9' o'clock—he purchased a few articles, which came to 3s. 3d.—he gave me a crown piece—I gave him change, and he went away—after he was gone I discovered that the crown piece was bad—I wrapped it in paper, and put it at the back of the till—the prisoner had been a customer of mine before for about five or six weeks—on Saturday evening, 29th Nov., he came again, about the same time—he purchased some articles, which came to 2s. 10 1/2 d.—he gave me a half crown and a shilling—he then took back the shilling, and gave me 4 1/2 d., and he left—after he was gone I looked at the half crown, and found it was bad—I went after him, but did not see him—I came back, and put the half crown in the same paper with the crown piece—on the following Saturday, 6th Dec., the prisoner came to my shop again, about 9 o'clock—he purchased some things, which came to 2s. 5d., and tendered me a crown—I recollected him perfectly well, and noticed the crown piece—it
was bad—I told him that was the third Saturday night he had passed bad money, and I intended to give him in charge-—I gave him into custody, and gave that crown, and the crown and half crown that I had received before, to the officer—the prisoner said I was mistaken, and he was a hardworking man, and he wanted me to go somewhere with him, which I declined.
Prisoner. Q. Where did you pat the first 5s. piece when I gave it to you? A. Into my till—I got the change which I gave you on the other side of the counter—I rang the 5s. piece before I put it into the till—there was no other 5s. piece in the till when I put it in—I think I did not give you the change out of a canvas bag that I took out of the till: I gave it you out of the till—I never gave you change out of a canvas bag—on the following Saturday you gave me a half crown and a shilling, and the half crown was bad—I did not give you in charge then, because I could not charge my memory of whom I had taken the crown—on the following Saturday you said you were a carpenter, and if I had a little job, you should be glad of it—I said I had not at present'
JOHN SUGAR . (police sergeant, E 36). I took the prisoner into custody, and got these two crowns and this half crown from Mr. Marshall—the prisoner offered to pay good money, and denied having given bad money before—there was 1l. 1s. 8 1/2 d. in good money found on him.
Prisoners Defence. I cannot account for having the two coins in my possession, I can for the crown; a man I knew came to town on the Saturday night; he owed me a half crown; he gave me a 5s. piece, and I gave him a half crown; that is how I got that; as to the others, I am innocent of knowing they were bad; I have always worked hard for my living.
GUILTY . Aged 46— Confined Nine Months.
MESSRS. ELLIS. and W. J. PAYNE. conducted the Prosecution.
SARAH SINCLAIR . I keep a haberdasher's shop, in Adam-street West On 10th Dec., between 10 and 11 o'clock in the morning, the prisoner came for a penny reel of cotton—she gave me a sixpence—I gave her 5d. change, and she went away—I put the sixpence in the till—there was no other there—I afterwards tried it with my teeth, and it bent—I pointed the prisoner out to my husband, and at the police court.
Prisoner. I was not in her shop at all that day. Witness. I am quite Bore she is the woman.
JOHN DOWLES . I keep a shop, near to the last witness. On 10th Dec. I saw the prisoner in my shop, about a quarter before 11 o'clock—she bought 1d. worth of Spanish liquorice—she gave me a sixpence—I kept it in my hand till the policeman came and brought the prisoner back—he asked me to look at the sixpence—I looked at it, and bit it in two pieces.
Prisoner. You put the sixpence in the till before I left the shop; I was not five minutes out of the shop when you sent the policeman after me.
THOMAS HAYES . (policeman, D 236). I took the prisoner into custody on that Wednesday—there were two women with her—they stopped at the corner of the street while the prisoner went into Mr. Dowles' shop—when she came out I took her, and the other two women ran away—these are the two sixpences I received from the last two witnesses.
Prisoner. Q. Did you see me speak to those women? A. Yes, jnst before you went into the shop.
Prisoner. I am not guilty; I did not know that the sixpence I gave to the man was bad.
GUILTY . Aged 24.— Confined Six Months.
OLD COURT.—Wednesday, December 11th, 1856.
PRESENT—The Right Hon. the LORD MAYOR.; Mr. Justice CROMPTON.;
Sir FRANCIS GRAHAM MOON, Bart., Ald.; and Mr. Ald. ROSE.
Before Mr. Justice Crompton and the Third jury.
MESSRS. GIFFARD. and BAYLEY. conducted the Prosecution.
MARY ANN CLARICOATS . I am the wife of John Claricoats, a collector of taxes, residing in Richmond-terrace, Walworth. On Tuesday evening, 14th Oct. last, the prisoner called to pay the property tax—he asked me if I would give him a receipt and change for a 5l. note—my husband had left the receipt with me—I said I had not change, as my husband was out, but I could get change of my neighbour, Mrs. Young—he gave me a 5l. note, and sat down in the parlour while I went over to Mrs. Young's with the note—I noticed the name of "Man," or "Mean, St George's-road," on the back of the note—this (produced) is it—I wrote this name of "Church" on it, as the taxes stood in the name of Church, and I wrote my own name also—Mrs. Young gave me the change—I went back to the prisoner, and gave him 3l. 2s. 6d., deducting 1l. 17s. 6d. for the taxes, and he went away—on the 21st the note was returned to me, stamped "forged."
Prisoner. Q. When I gave you the note, did not I offer to put my name upon it? A. Not that I am aware of—I think I could swear it—I had never seen you before—I knew the house, and knew that the person who kept it was named Church.
JOHN CLAHICOATS . On Tuesday, 14th Oct., I went to the prisoner, about dusk—I told him I had called for the Queen's taxes—he paid me the house and land tax, which was 18s. 6d., and said he would pay the property tax in one hour from that time—I said if it was not paid I must distrain—I then went home, and left the receipt with my wife—on the 21st I heard of the note being forged, and went that night to the prisoner—I said I had called for the property tax—he said, "I paid your wife with a 5l. note"—I said it had come back, branded "forgery"—he went with me to Mrs. Young's, and saw the note there, and said that was the note he had given to my wife, he did not deny it for a moment—he said he would bring the money in three hours, and destroy the note—I said, if the money was forthcoming, that would do—he said at first that he had taken the note at night over the bar—he afterwards said he did not know where he took it from—I went to his house next morning, the 22nd—I met him at the door, coming out—he said he was going to get the money, and he should be at my house at 3 o'clock—he did not come at 3 o'clock—I saw him again next morning, the 23rd, at his house—he promised to send the money up—I do not think I saw him again till the Sunday evening, when I went with sergeant Coppin to a beer
house at Chelsea, and found him sitting in a room upstairs smoking his pipe—I told him I had come about the note—he said it was a bad job—he was then taken into custody.
Prisoner. Q. When you first came to my house, did you not say, "Who paid the taxes to my wife?" and did not I reply, "I did"? A. Yes, you made no concealment about it—I was anxious to settle the matter—you said at Mrs. Young's that you took the note of a customer over the bar, that you knew his name, but not his address—I cannot swear that you ever made a different statement to that.
COURT. Q. You said you wanted to settle the matter, and if he brought the money it would be all right? A. Yes—I did not think at first that he knew of its being wrong, or else I should not have said so—I never saw him until I went for the taxes, he had only recently taken the house of Mrs. Church—these taxes were due from Mrs. Church—I had seen him about the taxes several times before the note was brought to my wife—I knew him slightly, but not before the affair of the taxes at all—I cannot say whether I went to her house on the 24th.
SOPHIA CHURCH . I am a widow, and reside at the Endeavour beer house, Penton-street, Walworth. In April last the prisoner came there—he said he had come from the country, and asked me to take him in Aug a lodger—I refused at that time, but next day I consented; he was to pay. me 2s. a week—that arrangement continued for some time—in Aug. last he wished to take the house—I was to have so much from him, and so much from the brewers, and to give up possession—there was no written agreement—the house was to be carried on in bis name, but I allowed him to remain in my licence—I was to remain in the house—he was to pay my taxes, and the brewers were to pay" him back again—I first heard about the forged note on the Tuesday evening, about 9 o'clock—I cannot say the date—it was the same evening as Mr. Claricoats brought the note back—I saw the prisoner go out of the house about 7 o'clock that evening, and I saw no more of him—I spoke to him about the note on the Thursday evening—I cannot tell the date—it was past 12 o'clock, he opened the door to me, and let me in—I said to him, "This is a bad job, Charles, about this note"—he said, "Oh, you need not worry yourself, it is all settled"—I asked him who he took it of—he said he took it of a young man that was in the habit of coming, and who had slept there with him—I told him that had I taken it I should have put his name on the back of it—he saicl he knew his name, but did not know where he lived—I have seen him myself at the house repeatedly previous to that, but not after—I never heard his name mentioned, though he has been in the house so much—I should know him again—he slept at the house three nights—the prisoner slept in the house till Tuesday, the 28th—he had closed the house on the Saturday night previous—he left on Tuesday morning; the 28th; he bade me good bye, and said he was going away—I said, "Where are you going 1 but don't tell me, for I don't want to know;" and he said, "God knows"—he then left—I remained in the house, and am in it now—I did not open it again; it was let to fresh people, and I remained as a lodger—the prisoner was in the house when Mr. Claricoats called on the Tuesday, but he left directly afterwards—I should say that the endorsement on this note, "George Mean, No. 9, New-street, Borough-road," is the prisoner's writing, as far as my belief goes—I have seen him write, and have received letters from him, and have by those means acquired a knowledge of his handwriting—it is my firm belief that this is his writing, I have no doubt about it.
Prisoner. Q. Just look at that writing again; will you swear that that is my witting—he positive? A. I certainly should consider it was your writing—it is my firm belief; I would not say so, if I did not think so—I do not know about swearing to it, as I did not see you write it—I have no doubt about it in my own mind, not a bit—I knew the young man that has been spoken of, by coming to the house, nothing further; he was your friend—I did not know his name.
GEORGE JOSEPH MEAN . I am a butcher; I live at No. 9, New-street, Borough-road. I do not carry on business there, I live there private—it is above twelve months since I have had a 5l. note in my possession—I do not know the prisoner at all—I never paid him a 61. note—I do not know anything about the endorsement on this note.
Prisoner. Q. Did you ever know any one of the name of Smith? A. I know a Smith, a butcher, of Newport-market, and Smith, a butcher, of Woolwich.
SAMUEL COPPIN . (police sergeant, P 15). On 31st Oct. I received information from Mr. Claricoats, and made search for thdprisoner—I went to Mrs. Church's beer shop, and he was gone—on Sunoay evening, 16th Nov., I went with Mr. Claricoats to a beer shop at Chelsea—I went up stairs, and there saw the prisoner sitting by the side of the fire—Mr. Claricoats told him he was come about the 5l. note—the prisoner got up, and said it was a bad job—I asked him to come down stairs—Mr. Claricoats then said he should give him into custody, and I told him I should be obliged to take him—he said that he took it innocently, and passed it innocently—I said, "If you did so, you can surely tell us who you took it of"—he said that he took it over the bar—I said, "Did you put a name on it?"—he said, "No, there is a name on it"—I said, "Yes—he said, "Have you been there?"—I said, "No, I have not; has he anything to do with it?" meaning the name on the note—he said, "No, not that I know of"—I then took him to the station.
Prisoner. Q. I believe I told you that the name of "Mean, Borough-road, "was on the note, did not I? A. The name was not mentioned, you only said there was a name on it, and had I been there?—I recollect very well indeed that there was no name mentioned between us.
COURT. Q. Did he mention the address? A. I think he did, to Mr. Steel while he was in the room—Mr. Steel spoke to him.
Prisoner's Defence. I received the note innocently across the bar from a customer, that used the house occasionally, several times in the course of a week; I gave him change for it, and paid it away to Mr. Claricoats—I do not know his address, but I knew him by using the house; as to the name on the note, I declare to God it is not my writing; it was on the note when I took it.
NOT GUILTY .
NEW COURT.—Wednesday, December 17th, 1856.
PRESENT—Mr. Justice CROWDER.; Sir CHAPMAK MARSHALL, Knt., Ald; and Mr. Ald. CARTER.
Before Mr. Justice Crowder and the Fifth Jury.
MESSRS. BODKIN. and CLERK. conducted the Prosecution.
WILLIAM CLARE . I am inspector of letter carriers in the General Post-office. On 3rd Dec. I made up a letter, addressed to Mrs. James, No. 2, Steers-court, Barbican—that is in Aldersgate-street district—I inclosed a sovereign and a shilling—I had marked them before I put them in the letter—I sealed the letter, and placed it in the box in the Post-office, in the usual way, having first put two stamps on it—I put it in the letter box in the large hall, about a quarter past 4 o'clock—I gave directions to Lubbock to bring me that letter, and he brought it to me within five minutes of the time I put it in—I afterwards gave that letter to George Green, one of the sub-sorters, next morning, and gave him directions what to do with it—the prisoner was employed on the morning of 4th Dec. in sorting the letters for the Aldersgate-street district—the letters are sorted before they come to him, and he divides them between the three men on that district—the prisoner delivers in that district; he, and Abbott, and Steele—this letter would come in the delivery of Abbott—the prisoner was engaged in dividing these letters from a quarter past 5 till about 7 o'clock that morning—I think on that morning they would leave to go to their districts about a quarter past 7 o'clock—the prisoner divided the letters to Abbott and Steele, and each of them would arrange and tie up his own letters—before Abbott left the Post-office that morning, I sent for him, and examined his packet of letters—the letter which I had sent was not in it—I think the prisoner bad-left before I examined them—I gave instructions to Smee and Roberts to watch him—in the course of that morning Smee showed me the letter which I had put in the Post-office the day before—it was unopened—I opened it that day before the Magistrate—I found in it the sovereign and shilling which I had marked—it was a test letter—there is no such person as Mrs. James that I know of—this is the letter, and this is the money—at the time Smee showed me this letter, he also showed me a letter directed to Mrs. Bryant, No. 37, Edmund-place, Aldersgate-street, London—that letter was in Steel's delivery—it was posted at Bath, on 3rd Dec.—it was in the Post-office, London, on the 4th, and would come into the prisoner's hands, and it was his duty to put it in Steel's parcel.
Cross-examined by MR. MAC ENTEER. Q. How long has the prisoner been in the Post-office? A. About six years—I expect he came with a high character—these two letters came first into the prisoner's hands on the morning of 4th Dec., and his duty was to make an assortment of all letters for the district of Aldersgate-street—he would divide them first; and when the other carriers came, they would go to their seats, and divide their own letters—in the morning the prisoner would have the letters to divide into three parcels, and then the other two would assist in the re-division of these letters—each carrier would divide them into the order in which he would deliver them—the letters only go through the prisoner's hands once, only
those which he has to deliver himself—"Aldersgate" was marked on the letters—there are three boards, Nos. 1, 2, 3, at which those three persons would be making their arrangements—up to a quarter past 7 o'clock these arrangements would be going on, and then they would go on their delivery—I do not know that, after making these arrangements, the prisoner would have to go somewhere else for a minute or two—he had to clear packages for delivery—those packages are larger than common letters, and it would be his duty to clear away those in the course of the morning—that was his duty, not the duty of the other two—his letters would remain there till he had done that—he would go, leaving his letters, to do this—it is in a direct line—the other two sorters would be in their places while he was away—the time occupied in the delivery of these letters would be usually within the hour, and after that they call for a card, to show that their delivery is completed—it is a common thing to have letters not delivered, and they are taken back in the bag in which they take letters out—I believe there was one other trap letter put out—it was in that lot which he passed over in it's proper course—no other person is engaged in sorting these letters but these three persons; they receive them all.
MR. BODKIN. Q. The letters belonging to Aldersgate-street are brought in a mass? A. Yes, and each letter carrier assists in arranging the letters for that district—there is a sufficient separation between each—it is the prisoner's duty to give to each of these persons the letters belonging to his walk, and to keep the ones for his own walk—after they have got their letters, they arrange them for their own delivery before they go their walk—I posted the other test letter at the same time with this—it was directed to Bridgewater-square—that would be in Abbott's walk, and that was returned correctly—the card contains the hour, and shows that the man has delivered his letters—the prisoner has been six years in the Post-office—I have heard that he was a policeman before.
GEORGE GREEN . I am subsorter a in the General Post-office. On the morning of 4th Dec. I received a letter from Mr. Clare, about a quarter past 5 o'clock, directed to Mrs. James, Steers-court, Barbican—I placed it, with others, in the Aldersgate-street delivery—the prisoner had commenced his duty of dividing the letters—one tray of letters had gone up—I placed this letter in the second tray—at the time the letter was given to me I perceived that it contained money—I knew it was a test letter—I knew that it contained money.
WILLIAM FISHER . I am a sub-sorter in the General Post-office. I was on duty on 4th Dec.—when the letters were being sorted, I saw the prisoner at his desk employed in sorting letters—I noticed what he was about, from instructions which I had received—I noticed him feel the letters in a manner to feel if there were any coins in them—I noticed him do that with respect to one particular letter—he felt it, and put it at a certain portion of the district for Aldersgate-street! and he afterwards removed that letter, and put it behind a pocket book, which was standing at a further distance from the letters—I noticed there were two stamps on that letter—I afterwards saw a letter similar to that behind the pocket book, and I saw also another letter, a smaller letter, behind the pocket book—the prisoner was there at his desk at that time—I immediately made a communication to Mr. Clare.
Cross-examined. Q. When letters are over weight, is it not the duty of the letter carriers to see whether they are sufficiently stamped? A. No; I have not known it to be done—if a letter carrier sees a letter containing
anything before him, and he is apprehensive that it is over weight, I do not know that it is his duty to feel it—I will not swear it is not done—I am not aware of any one feeling letters to ascertain whether they are over weight.
MR. BODKIN. Q. I Do you know, whether before letters come down to that office, they are examined in another office to know what is the weight of them? A. I believe they are examined by another clerk.
JAMES CROWDY LOVETT . I am clerk to the Comptroller, in the circulation department—it is ascertained whether the letters are over weight directly they come out of the bag, before they go to the sorters—they are marked if over weight, before they are taken to the sorters.
COURT. Q. I Does it not happen that sometimes they leave I letter that is over weight, and do not mark it? A. I It may happen, but if it occurs to the letter carrier that it is over weight, he would take it to the examiner—neither of these letters would be over weight; both these would be covered by the stamps that are on them.
COURT. Q. I With respect to the one for Mrs. James, would that be weighed by the examiner? A. I If it was thought to be overweight, but they are so used to it that they can generally judge.
WILLIAM SMEE . I am I constable attached to the Post-office I On the morning of 4th Dec., I received instructions from Mr. dare to look after the prisoner—Mr. Roberts and I went together—when the prisoner had concluded his delivery, he would go to the Post-office to have his card signed, that he had delivered his letters—the office he would go to is No. 21, gob well-street—when I got in there, it was about I quarter before 10 o'clock—I had waited outside some time before—from there I went to the prisoner's house, at No. 3, Rawley-street, Old-street, St Luke's—I found the prisoner there down in the kitchen—Mr. Roberts, who was with me, said to the prisoner, "Have you finished your delivery?"—the prisoner said, "Yes"—Mr. Roberts said, "Have you any letters that you have not delivered?"—the prisoner said, "Yes;" and at the same time taking three or four letters from a bag that hung on the door, he gave them to Mr. Roberts, and Mr. Roberts said, "Are these all you have by you?"—the prisoner's answer was, "Yes"—I then said, "There is a letter missing, have you any objection to my searching you, or to being searched?"—he said, "Oh, no"—I said, "How much money have you in your pocket?"—he said, "Two or three shillings"—I searched him, and in his right hand trowsers pocket I found these two letters, one directed to Mrs. James, the other to Mrs. Bryant—the letter to Mrs. James was unopened, the one to Mrs. Bryant had been opened—I handed them to Mr. Roberts, and he held up the letter to Mrs. James to the prisoner, and said, "How came you by this letter, it not being in your delivery?"—the prisoner's answer was, "I don't know; I suppose it came to me in the hurry at the last; I found it in my bag, and seeing it was not on my walk, I put it in my trowser's pocket;" and I believe he said, "for safety"—Mr. Roberts had said to him, "How do you account for it's being in your trowsers pocket?" and then he said be found it in his bag, and put it in his pocket for safety—he said, "I suppose it came to me in the hurry at last, and I took it out by mistake"—I looked at the letter addressed to Mrs. Bryant, it was open; there was no money in it, and there was no envelope in it addressed to Mrs. Morley—Mr. Roberts asked him how he accounted for having that letter in his trowsers pocket, not being
on his delivery—he answered the same as before, "I don't know; I suppose it came to me in the hurry at last; I took it by mistake"—Mr. Roberts said, "It is open"—the prisoner's answer was,"Yes, it came to me open, just as it is now"—I found in the same pocket of the prisoner,"half sovereign and" shilling; and in his left hand pocket a sixpence in silver, 3d. in coppers, and in his great coat pocket 3d. more—I took the two letters before the Magistrate, and the one addressed to Mrs. James was opened there by Mr. Clare.
Croas-examimd. Q. You watched him for some time, and finding he had been for his card, you went to his house? A. Yes—I believe he is married—I saw a woman and five children—I do not know how many hands a letter would pass through before it was delivered—the prisoner showed no hesitation at being searched.
ANN MORLEY . I sent this letter to Mrs. Bryant, on 3rd Dec., from Bath—I addressed it as it is now—there was an envelope in it, containing a half sovereign—the envelope was directed to myself, that Mrs. Bryant might send me an answer—the envelope was doubled, and the half sovereign was stitched in it—the outside envelope was fastened with adhesive wax—I sent it by Grace Smith.
GRACE SMITH . I am servant to Mrs. Morley. On 3rd Dec. she gave me a letter at Bath to put into the post office, between 6 and 7 o'clock in the evening—I put it into the box in the same state as my mistress gave it me, fastened with gum.
Cross-examined. Q. Are you aware of the number of hands a letter would pass through, if posted in the country, before it came to the letter carriers? A. No—I do not know the London authorities it would pass through—it goes first to the postmaster—it is put into the office, it goes to the sorters, to the clerk that packs the bags, to the man that carries them to the stampers, and to several others, thirteen or fourteen in all.
Cross-examined. Q. Is it unusual for letters to go in one division that ought to go in another? A. It is possible—if "found such" letter as that, I would take it to where it was to be delivered—if "found" letter unsealed,"should not take it to be sealed,"should deliver it to the address.
COURT. Q. Supposing you had a letter that ought to have been in any other delivery, what should you have done with that letter? A. I should take it to it's address, if it were out of my delivery—that is my order.
MR. BODKIN. "Q. Before leaving, do you arrange the letters in the order in which you purpose to deliver them? A. Yes—so every letter would come under my notice before I left, and if a man there found a letter open, he would take it to be sealed.
(The prisoner's statements before the Magistrate were here read as follows; On 4th Dec. the prisoner saith: "I only wish to say, what I stated to the-officer Smee, that I took the letter out by mistake." On 9th Dec. the prisoner
saith: "This letter came into my possession in the same state in which it was found upon me; I did not discover it till I got to the receiving house; I then put it in my pocket with another one, meaning to deliver them after I had had my breakfast."
GUILTY. Aged 32.—Recommended to mercy by the Jury, on account of his family and his good character. — Four Years Penal Servitude.
PLEADED GUILTY . Aged 29.— Four Years Penal Servitude.
128. JOSEPH FERNEE , stealing, whilst employed in the Post Office, a post letter, containing a half sovereign, 6d., and 18 postage stamps; the property of Her Majesty's Postmaster-General: to which he
PLEADED GUILTY . Aged 53.
(Joseph Warren and Frederick Lloyd, postmaster of Highgate, deposed to the prisoner's good character.) Four Years Penal Servitude.
MR. BODKIN. conducted the Prosecution.
ARTHUR LONG . I am a watchman, in the employ of the North London Railway. On Monday, 8th Dec., a communication was made to me between 12 and 1 o'clock—in consequence of that I went to a bridge that crosses the railway, and saw the prisoners there, and five more boys—I watched them for some time; I saw Williams place 2 bricks, and M'Carthy three bricks, on two of the rails, one of the up rails, and one of the down rails, in a place where there is a very sharp curve in the line—this brick (produced) is what is called a clinker—I went down to the rail and took the prisoners into custody—M'Carthy said, "It was not me; it was the other boy, he put more on than I did"—Williams said, "No, it was you; you know you put nine on, and I only put seven"—what I saw them put on was five pieces—a train had passed by shortly before—trains run along that line sometimes every quarter of an hour: some trains more frequently—I gave the prisoners into custody.
JAMES SMITHERS . I am a guard in the employ of the North London Railway Company. On that Monday I was acting as guard to a train—I passed that spot about 12.33—we struck against a lot of brickbats on the line—we threw them about in different directions—there is a life guard in front of the engine, which struck the bricks—they flew into pieces—I do not know whether they were bricks of this kind—I did not see them when they were on the line—they were broken in all directions, some pieces flew into the train, and some into the engine—we had passengers in the train—it was between Highbury and Kingsland, at a very sharp curve of the line—that was a very dangerous place to put them.
DANIEL STORES . (policeman, N 133). The two prisoners were given into my custody—Williams charged M'Carthy with having laid nine on the line, and said he had only laid two on himself—M'Carthy denied it.
COURT. to ARTHUR LONG. Q. You saw several boys there; what size were they? A. About the size of the prisoners; there were no large boys—I asked the ages of the prisoners; one said he was between twelve and thirteen, and the other between fourteen and fifteen.
M'Carthy's Defence. I have not been on the line since I have known the place.
WILLIAMS— GUILTY . Aged 22.
M'CARTHY— GUILTY . Aged 16.
Confined Six Months.
MR. THOMPSON. conducted the Prosecution.
THOMAS ALFRED ALSDAN . I am clerk to Charles Edwin Potter and Co., paper stainers, of Cannon-street. We have a customer of the name of Newman, at Newington-butts; we were in the habit of supplying him with goods upon a written order received from him—I do not know the prisoner—a boy, named Cooper, brought this order (produced) on 3rd Dec.—we let the boy have the paper that was ordered, which was forty pieces of paper hanging—I followed the boy out to the bottom of Thames-street, which is 500 or 600 yards from my master's place of business—there the prisoner accosted the boy, and they both went down College-hill—in going down they rested twice, the prisoner taking the bundle from the boy's shoulder—I saw a policeman, and gave them both in charge.
JOHN MENZIE . I am foreman to Messrs. Potter and Co. On 3rd Dec., Cooper came and presented this order to the warehouseman, who gave it to me—I asked the boy whether he brought the order from Mr. Newman, or from Mr. Newman's shop—he said that a stranger gave it him in Thames-street, and asked him to go to Potter's with it—I directed the goods to be given him—I went to the police station afterwards, and saw Cooper and the prisoner in custody.
WILLIAM NEWMAN . I am a gas fitter and paper hanger, and live at Newington-butts. I deal with Messrs. Potter and Co., Cannon-street—this order is not my writing, nor the writing of any one I know—I know nothing of the prisoner, or of Cooper—I did not give any order for these goods.
GEORGE CHAPMAN . (City policeman, 450). I was on duty in Thames-street, and took the prisoner into custody—before I took him I saw him take the parcel up and put it on Cooper's back, as Cooper was standing at the door of Magnay and Bennett's, at the corner of College-hill—I followed them some distance, and took them both into custody—I told them they were charged with obtaining these goods by a forged order—Cooper said, "That man gave me the order," pointing to the prisoner—the prisoner said, "I know nothing of the order, it is not my order, I picked it up"—I took them to the station—the prisoner gave his right address, and I searched his lodging—I found some patterns of paper, and some documents—the patterns have been recognised as patterns of Messrs. Potter's paper.
JOHN COOPER . I am fourteen years old; I live in Crown-court, Seething-lane. On 3rd Dec. I saw the prisoner; he asked me if I was doing anything, I said "No"—he asked me if I would go to Mr. Potter's, in Cannon-street for him—I said, "Yes"—he gave me this note and a pattern of paper, and told me to go with Mr. Newman's compliments, and would they oblige him with these things—just as I was going away, he asked me if I would have half a pint of beer, and he told me to meet him at the corner of Cannon-street—I went to Mr. Potter's, and took the order and this pattern—I
got the paper—I took it out, and met the prisoner about 300 yards from the shop in Cannon-street—he said to me, "Go on a little further, I shall catch up with you directly"—I went down College-hill with him, and when we got a little way down he lifted the bundle off my shoulder—he went to the public house at the bottom; he came back and said, "You have not got much further to cany it, only to the penny boat pier"—I made my way down Thames-street, and the policeman took us.
Prisoner's Defence. I picked up that letter that morning; I went to a public house and called for a pint of half and half, and a sausage roll—I had not been in there above five minutes when the boy Cooper and another person came in, and said that I had picked up a letter; I said, "Yes, but how did you know it?" he said, "A gentleman told me so when I was crying, that I had lost a letter by Mr. Potter's;" I gave him the letter, and about an hour afterwards I saw the boy Cooper with the parcel; he asked me to lift it off his shoulder; I did so, and he said, "Are you not the person that picked up the order?"—I said, "Yes," and he said he was extremely obliged to me—(Order read: "Messrs. Potter, Please' to oblige me by letting the bearer have two pieces of border, one piece of cornice, and fifty pieces No. 1997, for Mr. Newman, Newington-butts,")
GUILTY. of uttering. Aged 20.— Confined Eighteen Months.
MR. LANGFORD. conducted the Prosecution.
GEORGE EDWIN HARRIS . I live at No. 20, Gloucester-street, Queen's-square, and am a clerk. Last Sunday morning, between 12 and 1 o'clock, I was going up Holborn—three women accosted me between Fetter-lane and Turnstile—the prisoner was, one of them—they came against me and pushed me—I wished them to leave me—I passed on through Middle-row and past Chancery lane—one of the women passed me, and the prisoner struck me on the left cheek—the blow felled me to the ground, and she fell upon me—she kneeled on me and commenced riffing my waistcoat pocket—this is the waistcoat, which is torn—I had in that pocket a penknife and 16d. or 17d. in money—I was not on the ground two seconds before the policeman came and seized the prisoner and lifted her from me—I am sure the prisoner is the woman—this watch was in my pocket—this is my knife.
Prisoner. He accused me of taking his watch, and he found it in his pocket himself. Witness. Yes, I had put it in my coat pocket—I stated that I missed my watch, but I put my hand to my breast and found it was safe wrapped in a silk handkerchief—I had been to see a friend—I was not drunk—I was not sober—I was quite capable of taking care of myself and walking home—I was not reeling.
WILLIAM MAYNARD . (policeman, E 103). Last Sunday morning, at a quarter past 1 o'clock, I was in Holborn, on the opposite side to where the prisoner and the prosecutor were—I saw the prosecutor fall to the ground, and the prisoner fell on the top of him—I ran across and saw the prisoner's hand in his waistcoat pocket—I caught her hand, and took this penknife and two pence from her hand; and one penny I picked up on the pavement—the prosecutor gave the prisoner into custody, and I took her to the station—the prosecutor was rather the worse for liquor, but could walk very well, and seemed to know what he was doing—the prisoner was not in liquor.
Prisoner. I was in liquor; there were no other women with me.
The prisoner was further charged with having been before convicted.
WILLIAM WESTLAKE . (policeman, E 102). I produce a certificate of the prisoner's former conviction—(Read: "Clerkenwell Sessions, Sept., 1856; Frances Chamberlain, Convicted of stealing a watch from the person; Confined three months")—I was present—the prisoner is the person.
GUILTY. Aged 18.— Four Years Penal Servitude.
MR. CAARTEN. conducted the Prosecution.
WILLIAM HENRY DAWSON . I am clerk to a solicitor, and reside in Chester-place, Belgrave-road, Pimlico. Last Saturday night I was returning home about ten minutes after 10 o'clock—the prisoner came up to me at the corner of Tachbrook-street—she said, "Where are you going?"—I said, "Home"—I had a large parcel in one hand and an umbrella in the other—she said, would I give her something to drink—I said, that I did not mind—we went to a public house and had half a pint of beer—we were not in more than a minute or two—when I came out I saw two men on the opposite side of the way talking to each other—I said to the prisoner, "There are two suspicious characters, I will be off"—I was going towards home, in the Belgrave-road, and it was not a moment before a man put his hand in my neck, and I saw his hand in my waiscoat pocket, where I had two half crowns and a 4d. piece—I had a purse in my trowsers pocket—while the man had his hand in my waistcoat pocket, I called out loudly, and put my hand to my trowsers pocket—the prisoner had got her hand in my pocket, and the purse in her hand—I got the purse out of her hand when she had got her hand just outside the pocket, and I held her till a policeman came—one of the men went one way, and the other another—I had previously noticed them—I missed the'two half crowns directly—I am quite certain they were in the waistcoat pocket that the man put his hand in—my coat had been buttoned up—this is it—it was torn, struggling with the prisoner and one of the men—I was not tipsy at all.
WILLIAM SEABROOK . (police sergeant, B 36). I heard a cry of "Police!" on that Saturday evening, and went up the Belgrave-road, and the prisoner was given in my charge by the prosecutor—he had this great coat on his back—I got it from him afterwards.
COURT. Q. How far was this from the public house? A. I suppose thirty or forty yards—there are gas lights, but not very close together—very few persons pass down there—I did not see any men—the prosecutor appeared to be quite sober.
GUILTY . Aged 18.— Confined Twelve Months.
THIRD COURT.—Wednesday, December 17th, 1856.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Sir JAMES DUKE, Bart, Ald.; Mr. Ald. WIRE.; Mr. Ald. ROSE.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the First Jury.
133. EDWARD TIDSWELL , unlawfully obtaining 1 waistcoat, value 14s., on 31st Oct.; and, on 1st Nov., 1 coat, value 35s.; on 20th Nov., 1 coat, value 45s.; from Joseph Smith; and, from John Bailey, 1 pair of boots,value 21s., on 14th Oct.; and 1 pair of slippers, value 4s. 6d., on 4th Dec.; by false pretences: to which he
PLEADED GUILTY . Aged 21.— Confined Twelve Month.
134. WILLIAM RICHARD BELDING , stealing 6 hearth rugs, 8 pieces of carpet, and other articles, value 15l. 8s.: also, on 10th April, 2 hearth rugs, value 4l.; on 20th June, 2 hearth rugs, value 3l. 10s.; and, on 18th Oct., 3 hearth rugs, value 7l.; the goods of Thomas Tapling, his master: to both which he
PLEADED GUILTY . Aged 25.— Four Years Penal Servitude.
PLEADED GUILTY . Aged 19.— Confined Six Months.
136. THOMAS EVANS , stealing 1 pewter pot, value 2s.; the goods of Francis Butcher Williams: also, 1 pewter pot, value 1s.; the goods of Ferdinand Brown: also, 1 bag, value 1s.; the goods of George Horsley: to all which he
PLEADED GUILTY . Aged 50.— Confined Four Months.
PLEADED GUILTY . ** Aged 21.— Confined Two Years.
PLEADED GUILTY . ** Aged 23.— Four Years Penal Servitude.
LINKSON PLEADED GUILTY . Aged 22.— Confined Nine Months.
MR. HORRY. conducted the Prosecution.
EMILY ROUNDING . I am barmaid to Robert Jones, licensed victualler, of the Boar's Head, Cannon-street. On 27th Nov. four men were drinking at the middle bar together for about two hours—the prisoners are two of them—there are three bars and three entrances—I had a wooden money tray by the bar parlour door—any person in the bar could see it—there are three doors to each bar—it in partitioned off—I saw Linkson take up the wooden tray, and go out with it—I gave an alarm, and ran after him—I had to go round the bar—Mr. Richard Jones pursued him, and I stopped to pick up the money—he threw the tray down some distance from the door; the drawer came out, and I picked up a quantity of gold and silver—Wilson was by me, picking up the money—I took hold of his hand, took the money out, and put it with the rest.
Cross-examined by MR. W. J. PAYNE. Q. Have the prisoners frequented the house? A. Yes, for the two months that I have been there—I do not say that Wilson would not have given me the money if I had not taken it from his hand—he afterwards picked up some more and brought to me—I did not see him again till he was in custody on Monday; this happened on Friday—I do not know that he is a City ticket porter at work in that neighbourhood—I did not notice Wilson when Linkson took the tray, but I had seen him drinking before that.
Boar's Head, and saw the two prisoners come out at the centra door, talking; they then went in again, at the left hand door, Wilson first, and Linkson close after him; they came out again in scarcely half a minute—Linkson then went in again at the same door, and Wilson close after him, and I saw Linkson come out with this money tray in his hand—Wilson held the side door, which leads into the bar parlour, open till he came out—I saw the last witness—Linkson threw the tray down, and ran away—I ran after him—I did not see what became of Wilson—I have known Wilaon two years, and am not mistaken in him—I saw him next on the following Monday night, about a quarter to 11 o'clock, in Mansion House-street, and told him he was charged with being concerned in the robbery at the Boar's Head, in Cannon-street, on the Friday previous, and he must go to the station with me—he said, "I will go with you"—I found a knife and 1d. on him.
Cross-examined. Q. Is he a ticket porter? A. No, but he does jobs about there.
RICHARD JONES . I am a licensed victualler, and am the brother of Robert Jones, of the Boar's Head. I was there on 28th Oct., heard an alarm from the barmaid, and saw Linkson running away—I followed, and saw him stopped—as I returned I saw Wilson in front of the house, looking about as if searching for something—there was 3l. 13s. in silver, and six half sovereigns in the box, which I handed to the officer.
Cross-examined. Q. How long was it between your running out and Linkson being brought back in custody? A. Five minutes, and I then saw Wilson standing there.
Wilson's statement before the Magistrate was here read, as follows: "I mknow no more about the young man going to take the box than a child unborn; I went and helped to pick the money up, and then I returned it to the barmaid outside."
WILSON— NOT GUILTY .
MR. W. J. PAYNE. conducted the Prosecution.
SARAH SCUDAMORE . I am single, and live at Bull and Mouth-street, City, On 4th Dec., between 3 and 4 o'clock in the afternoon, I was in St Paul's Churchyard, with two ladies, looking into Messrs. Hitchcock's window—the prisoner stood close to me on my right, with a little black bag in her hand—I noticed her particularly—an officer spoke to me, and I missed my purse, containing 1l. 5s., some 3d. and 4d. pieces—it was safe in my pocket at the time I saw her by my side—this (produced) is it—I had not been up London House-yard.
Prisoner. Q. Did you feel my hand in your pocket? A. No, but you looked very impudently in my face, and watched my movements.
ALFRED GREEN . (City policeman, 376). I was in St. Paul's Churchyard, and saw the prisoner go to Miss Scudaraore's right hand side, put her hand towards her dress, and push close up against her for a few seconds; she then walked in a hurried manner—I spoke to the lady, and followed the prisoner about eighty yards into London House yard, when I took her into custody—I had spoken to Nathan—the prisoner had this bag on her arm; she had no baby then—Nathan brought this purse to me at the station.
Prisoner. Q. Did you see me throw it away? A. No—I found 7d. in copper on you—I did not say thai you had swallowed a sovereign, but I asked you to let me look in your mouth.
SAMUEL NATHAN . I sell dippers in St. Paul's Churchyard. Green spoke to me on 4th Dec., and I saw the prisoner in a crowd of people—she went against Messrs. Hitchcock's window, where some ladies were standing, of whom Miss Scudamore was one—in a few minutes the prisoner left, and Green went up and spoke to the lady—I watched the prisoner; she went towards Ludgate-hill—I followed her, and saw her go up a turning towards Paternoster-row, but before she got there the officer took her—I went to the spot where he took her, and picked up this purse from the ground—I took it to the station, and gave it to the officer.
GUILTY . * Aged 23.— Confined Six Months.
MR. ROBINSON. conducted the Prosecution.
ELGER STEPHENSON . I carry on business as a stationer, in Lime-street, and am also connected with the Plate-glass Insurance Company. The prisoner has been twice in my service—the first time was for two years, during which I had nothing to complain of—in the first instance he came to me at 1l. 1s. a week, and I said to him, being desirous of improving his position, "Every person in your position should increase their means by their own exertions, and every commission you bring to me you shall have 5 per cent. upon"—I paid him the 5 per cent on the orders, without receiving the money, and I never have received it—he left, I should think, about two years ago, and entered into business in my immediate neighbourhood—I was a little annoyed, but yet I assisted him, and lent him money for the purpose of passing through the Insolvent Court—he entered my service again last March—he wrote me a letter a short time before that, but I have lost it.
MR. TINDAL ATKINSON . Q. Did you look for it? A. Yes—it was among my usual papers, and the prisoner probably hat taken it, for I found my papers all turned over, and all the documents taken away. (The COURT. considered that evidence of the contentt of the letter could not be given.)
MR. ROBINSON. Q. Did you see him in consequence of that letter? A. Yes, he said that he was in want of a oust of bread, that I had behaved very kindly to him, and would I extend my kindness and endeavour to get him a situation, as he should be glad to take one at 10s. a week—I told him that the same situation was open, and if he liked to come back, I would give him a guinea a week—I said, "You recollect, when you were in my employ here, I paid you 1l. 1s. a week, and 5 per cent commission on the business you introduced; I lost 100l. by that, therefore I shall give you a guinea a week, and at the expiration of six months, 25s., from which I shall deduct 4s. a week to pay off the debt" (I had had to pay lor his pasing through the Court)—his duties were to pay all cheques that he received into the bankers, and on no account to get any cheque cashed; any small sum which came into his hands he might pay away in petty disbursements, and to make an entry of all sums received, on his return to the shop—on Friday, 8th Nov., I was looking through the rough order book, and said, "I see a cheque here for 26l. odd"—that was in the clerk's, writing not the prisoner's, and I remarked it because it had not been paid into the banker's—I did not say that at the time, but said, "What have you done with it?" he said, "I have entered it in the cash book, and you will find I have paid some small
accounts with it, and they will appear against the amount"—I immediately called for the cash book, which is kept by the clerk, and it was produced to me with no entries at all—it was the prisoner's duty to deliver to the clerk, when he came in, the amount he had received, for him to enter—I expressed my astonishment at the cash book not being entered up; he said, "You told me that it was not to be entered up, that you were going to have some new system"—I said, "I told you nothing of the sort"—I can hardly say that it was his duty to pay over the money to the clerk, I never defined that distinctly, but it was his duty to see that it was paid in—this is the cash book (produced) in which the small amounts would appear—it ought to have appeared here, but I find no entry of that small account or of the receipt of the cheque—I requested that the book should be made up at once, and said, "Now I should like to see these accounts you have paid away"—he promised that he would at once make up the accounts, and I requested that he would do so by Monday morning, and deliver them to me—this was Saturday, I first discovered the cheque on Friday, but was going away to catch the train, and therefore did not stop—the last entry in the cash book is Aug. 9—I never told him that I wanted the accounts kept on a different principle, or that I did not want them kept at all—I went to the shop about 10 o'clock on Monday morning—I was told that he had been there—that was my usual time of going—it was his duty to have been there—I did not see him again till I gave him into custody on the following Monday, the 17th—I gave information to the police, and he was taken—on the following Monday morning I received this letter, but it was left with his book on the Saturday after I left—I never saw him all the week—(This letter was from the prisoner; stating that he had called several times without being able to see Mr. Stephenson, that he had taken some of his commission, and hoped Mr. Stephenson would find the balance according to their agreement, and would, if possible, keep any appointment Mr. Stephenson might make)—I do not know how the books are made up, but a balance of 1s. appears—he has charged 84l. for commission on 500l.—he puts no rate in the book for the commission, but he said, at the Mansion-house, that my arrangement was not one of salary at all, but 25l. per cent, commission on all business done—in this book he credits and debits himself with salary 1l. 1s. a week; I have got the books up to 9th April, and he does so again there regularly every week—the company of which I am a director were paying away some money, and I thought it not necessary to reduce the banker's balance, and they said, "Lend us 500l."—I put the prisoner's name to it, and went down and asked him to indorse it, and told him the circumstances—the bill was honoured without passing out of my hands, and destroyed; there was nothing for commission—he charges commission on 150l.—you will find that entered on the debtor and the creditor side of this book on June 7th; received on one side and paid on the other, but the charge for commission is only done in the total—the first amount he charges for commission is fifteen guineas, in June; there is no sum which represents the principal of that commission—here is the entry of the commission on the 500l., "Oct. 18, commission to Wm. Astrope, for indorsing three promissory notes, 15l."—I cannot say as to the day, whether there is any entry charged for commission on the 150l.—this letter, dated "Wednesday," I received on Thursday morning before the Saturday when I had the conversation—(This stated that the prisoner had not absented himself, but had only been away for a few hours, and on his return received a message charging him with abstracting an account book, which he took with him to add up on the Sunday, and left at a friend's house,
who locked it up Mid went out of town)—590l. is, I think, the sum which he gives credit for as having received—on 10th May, here is an item, 5l. 9s. 1 1/2 d., paid to Barker—(MR. T. ATKINSON. objected that these sums formed no part of the issue. MR. ROBINSON. offered the evidence to show that it was a fictitious book, and the COURT. considered it admissible)—on. 17th May, here is an item, "Barker, 2l. 11s. 4d.;" and on 26th, "Barker, 2l. 9s. 1 1/2 d.;" they are in the prisoner's writing—the entry of the cheque is not in this book, it is a wrong amount, it is put down 27l. 5s. 3d., and the amount actually paid is 26l. 10s. 8d. by cheque.
Cross-examined by MR. TINDAL ATKINSON. Q. Who did you employ in his place in the interval between when he first served you and the last? A. A person named Pattison; I gave him 100l. a year—he had not the duties to discharge which the prisoner afterwards discharged; he had the entire business placed in his hands—the prisoner, when he came back, had the same employment, but under my supervision—Pattison was not under my supervision; I do not suppose I entered the place then once ia six weeks or two months—I kept a supervision over my servant as master—with the exception of the master's eye, the prisoner had the same duties to discharge—a young man named Knowles was employed by me; his duty was to attend to the counting house, and enter all monies received—this green book was entered by him, this is not the cash book—here in an eatry here by Knowles of this identical cheque—I believe he received it before he handed it to the prisoner—Knowles would enter all cheques he, received, he took them under the instruction of the prisoner—it was not his duty to go to the bank with them, unless he was told by the prisoner, because the prisoner had the management while I was absent—there were no doubt a great many disbursements, which he was called upon to check—I do not know that he has sometimes gone short of salary, he has sometimes debited himself in his salary account 1l. instead of 1l. 1s., and sometimes 20l., instead of 1l. 1s.—he had my full confidence with regard to the business—if a small cheque of 2l. 17s. not crossed came in, I should not have objected to his using it to pay a small disbursement—it would be a very extraordinary thing if he went to a neighbour to get a small crossed cheque changed—I should have no chance of seeing the crossed cheque come back to me, unless it was of my own drawing—if a crossed cheque had been changed, I should have expected some account of the money, and should have seen it entered by Knowles, if I used my eyes—I am the founder of the Plate Glass Company; the prisoner was not one of the early directors—it was founded in 1852—it goes on very prosperously—the deposit on the shares was 10s., and 17,000 were taken up—the bill was drawn on 26th May—they wanted money from various causes; it takes a considerable sum of money to found any large institution—we had made a call, which was to be answered in a month's time, and with that the bills would be paid—I never charged a farthing for discounting the bills—I did not discount them at ray banker's, they never parted from my possession—the first was a 500l. bill—I had no conversation with the prisoner upon that beyond what I have, stated, that I had lent it to the directors for a few weeks, and had made it payable to him, and perhaps he would endorse it—it was not in his name—he did not ask me for something for doing it—I did not say, "Why, it is safe enough; what difference can it make to you?" nor that I would see about it afterwards—some months afterwards I came with the two 250l. bills, that was a renewal of the 500l.—it took three months to pay the call; anybody connected with property knows that
calls are not paid at the time they are made—the call was honoured; it was not made so soon as we intended to have made it—the 500l. did not relieve them, for they were not in a difficulty—the notes were payable to him—I did not make it one 500l., as before, because the directors said, "We will reimburse it as the money comes in, being out"—if a man has them in his strong box they are liable to go out—the reason why a man not liable for a shilling endorsed these bills was this: I was about to retire from business, and told the prisoner I thought there was an excellent opportunity for him to start in life, and do well; it would take up to the end of the year to work up my affairs, and we were making a calculation as to what was required to enable me to retire, and put him in my position; there was a feeling of confidence, and I had no hesitation in asking him to endorse the bills, as he would stand in my position as stationer to the company: it would give him a sort of influence for the future, and enable him to continue the business—he was not to be liable to the company for 500l., they were liable to him—considerably later than the endorsement was given I was sued for 26l.—I do not know when it was, for I never received the writ—I believed the prisoner had paid the money, as he had received such ample sums in the business—he saw a man issue a writ, but yet never said a word to me until there was a judgment against me; it was served on him, and a few days afterwards he told me that it was served—I said, "It cannot be a proper service, unless it is on me; what is it?"—he said, "An account"—I said, "You have had ample money to pay it"—he said that he would go and see them; and the next thing I heard was that they had signed judgment—I did not receive a writ from the prisoner in a letter when I was in the country—I never sent him to Mr. Gresley, of St. Pancras-lane; I sent him with a cheque to pay the money the moment I heard of the position of the case—there was not another clerk of mine called Oliver at that time, but previously—there was a book called the cash book—he debits himself in this book 1l. 1s. for his business costs—I sent to Mr. Gresley, and said that I had never received the writ, and he consented to take a cheque for the money, and to give him a guinea for the little expenses he had been at, and I signed it.
MR. ROBINSON. Q. You advanced 500l. to the company and never took any discount? A. Certainly not, I merely took the bills as an acknowledgment—this book contains a large number of small disbursements, purporting to be all the prisoner has paid—in spite of all this, he is indebted to me in a sum of nearly 90l.
JOHN SMART KNOWLES . I was a clerk in Mr. Stephenson's employ. On 15th Sept, the prisoner sent me to Messrs. Bond for an account of 2l. 17s. 6d.—I handed it over to him—I do not know what he did with it—I made the entry in this rough book—on 25th Oct., I received from Messrs. Cleggitts a cheque for 26l. 10s. 8d., which I handed over to the prisoner when I came in, and he told me he would go out and cash it, and he came back and paid me my salary—the prisoner invariably kept the rough order book—I knew about his receipt of various monies—I find on referring to this black book the receipt of other monies which I know nothing about—it was my duty to obey the prisoner in everything—this little black book was kept in the till drawer—I had nothing to do with the entries at all—the last entry here is Saturday, 9th Aug., at that time the book was taken away from me by the prisoner, and taken to his house—I had not access to it after that, and had no means of making any more entries in it.
Cross-examined. Q. At all events, the prisoner never entered anything
in it? A. He did—it was under both our care—the greater part of it is in his writing—I keep the books—I looked over this from time to time, as well as the others—everything was entered in this order book as it came in, cash and everything—it was open to my master—the cheque for 26l. was not crossed—I never made out any account to the Plate Glass Company, and never Raw any go in—part of the prisoner's duty consisted in making small disbursements—there was a general average every week—he had not to pay more than 1d. 10s. a-week in the course of his disbursements, there was nobody's salary but mine; there were some housekeeping expenses, but very trifling—there was a housekeeper, but the Plate Glass Company, which was upstairs, paid for that, the prisoner had not to pay it—he had disbursements to make for newspapers—he did not see me enter this 2l. 17s. 6d.; he may have seen it on the following day, it was his habit to look through it every morning, and I gave him the money.
MR. ROBINSON. Q. Did the company have the upper part of the premises, and was the shop below? A. Yes—I know very little about the house-keeping expenses.
ROBERT WILKINSON BARKER . On 10th May there was a sum due for newspapers of 8l. 9s. 1 1/2 d.; on 17th May, a further sum of 2l. 11s. 4d.; and on 24th May, a further sum of 2l. 9s. 1 1/2 d.—I sent in an account to the prisoner, but none of those amounts have been paid yet.
Cross-examined. Q. Do you receive all money? A. Yes; all money from Mr. Stephenson—I receive every sum which is paid by our customers, except when it is taken to our office; that sometimes occurs, but no account has been sent from Mr. Stephenson—my father receives money when I am away, he is not here—there is no other clerk who receives money—when my father is absent I am always there—when I received the cheque for the money which was due subsequently, I asked the prisoner for the money, and he said that he should be able to get it for me—I took the money for the subsequent account—I did not debit him, but Mr. Stephenson, and he said that he should be able to get some money shortly—we have not sued Mr. Stephenson, and have not been paid—about 30l., or 40l. has accumulated, and he has told me several times that he will settle it—he proposes to sell the business, 1 believe.
(MR. T. ATKINSON. contended that there was no case to go to the Jury, as an accounting took place on the Monday morning; that when the cheque was paid into the hands of Knowles it was in the possession of the master, and was applied to the payment of Knowles' wages. The COURT. considered that Knowles received the money for the prisoner, and not for the master, and that, if the Jury were of opinion that the money was taken before the Saturday, it was not by then making up the accounts that he could clear himself of the embezzlement.)
(The prisoner was further charged with having been before convicted.)
EDWARD ROBERT RIGBY . I am a brush maker. The prisoner was formerly in my service—I was present at his trial, and produce this certificate—(Read: "Central Criminal Court; Henry William Aysthorpe, Convicted, on his own confession, Jan., 1849, of embezzlement. Confined six months.")—the prisoner is the person.
GUILTY. Aged 29.— Four Years Penal Servitude.
PLEADED GUILTY. He received a good character.—Recommended to mercy by the Prosecutor. —Aged 40.— Confined Nine Months.
143. DANIEL WILLIAM RUFFEY , stealing 1 order for payment of 22l. 1s.; an order for payment of 10l.; an order for payment of 12l. 3s. 1d.; and 3 pieces of paper; the property of John Hodge and others, his masters.
MESSRS. BODKIN. and GIFFARD. conducted the Prosecution.
Cross-examined by MR. SERJEANT PARRY. Q. I believe, by the rules of the society, you cannot dismiss Mr. Ruffey, unless you convict him of felony? A. We can by a general meeting—we can get rid of him by a majority of the members.
JOHN HODGE . This witness's former evidence was read over to him, to which he assented, and added: I do not believe I was ever aware that he was in the habit of filling up blank cheques for the purpose of paying himself his salary—the money that came into the office was always paid to him; Post-office orders, and everything, were under his direction—he had authority to pay the disbursements of the society, and no others—these three cheques (produced) have Mr. Gardner's signature, and the prisoner's signature—(These were for 22l. 1s.; 10l., and one to Mr. Ruffey for 12l. 3s. 6d., on 14th May, 1856.)
GEORGE WHEELER . I am the prisoner's clerk. These (produced) are two books which were kept in the office, showing the amount of money received by the prisoner on behalf of the society—they were the receipts in the ordinary course of business which would come into the prisoner's hands, and were put down here by me—they are weekly cash books, one follows the other—there is also an account of the disbursements made by the prisoner—when he obtained sums of money it was booked as cash to Mr. Ruffey—I have gone through the books to ascertain the amount of cash which he has drawn from quarter to quarter—this book is from Oct. 1853, to Aug. 1855—the other book, of a later date, was given by me to the defendant before the commencement of these proceedings—the prisoner had the counterfoils of cheques—this (produced) is an abstract made by Mr. Saunders from the book, from Oct., 1853, of the amount of money drawn by the prisoner—I have looked for the book, and have not been able to find it. (MR. LEWIS, the solicitor for the prosecution, proved the service on the prisoner this morning, at 10 o'clock, of a notice to produce the book; having also served one last Session. The COURT. considered that a notice served so recently could not be acted upon.) I served a notice on the prisoner when he was out on bail, by a deputy, named Gray—the entries in the weekly cash book are carried into the divisional day books, which are here—I have gone through them to ascertain—there are six divisions of the society, each is entered in a separate book, and they are entered here in total—in some instances it is "Cash to Mr. Ruffey;" or, "Cash to Mrs. Ruffey"—he has generally put his initials opposite—the books will show the receipts and the disbursements—I get the cash to Mr. Ruffey by the balance, from the divisional book, and from the sick book; the difference gives the balance left in the hands of the prisoner—(The witness here read all the entries of cash taken by the defendant, from July, 1854, to Oct., 1856)—the balance is 582l. 11s. 3d.; that closes the account—I have calculated the amount of salary due to him up to that time, it amounts to just turned 1,000l.; and on the other ide the amount is 1,389l.—there is 582l. received more than is paid in—there was always something remaining in his hands till the account was closed—I have gone through the quarterly balance book, and find that he claims credit, as a disbursement for his salary, in each quarter, and accounts to the
society for a leas sum, by reason of that—at the quarter ending April, 1856, the amount standing to the credit of the society in 589l. 15s. 4 1/2 d.—the actual amount to their credit at that time at the bankers 104l. 4s. 6d.—this balance in the book is taken from former accounts; it is carried on from each quarter—these cheques are not booked hen, I have looked to see—there is no trace of them, except by the banker's book—his salary, up to Oct., would be 294l. 4s.; up to April, of course, it would be six months less.
Cross-examined by MR. SERJEANT PARRY. Is there a book in which the amount of his salary was entered from quarter to quarter? A. Yes; that is signed by the stewards up to 1852, but not since—wherever Mr. Ruffey's name appears in these books, I have taken the cash as against him, unless the purpose for which he had it is specially named—"Mr. Ruffey, cash 1l.," would not be cash for divisional purposes; because he told me whether it was for his private purposes, or divisional purposes—this is week by week—this, "Mr. Ruffey, for conveyances," was to pay the legal expenses of some land he bought—I have charged that against him; it was his private property; it was not bought for the purposes of the society—this 7l. for salary is charged to the society—it is mostly is sums of 1l. and 10s. I have got on account; but it is in the lump—this book does not contain any of the cheques; it does not contain an account of the whole expenditure of the society—the small items are in the long book, the steward's book—all payments go into the sick book from the steward's book—there were frequently instances in which he had small amounts of cash for the purposes of the society, without expressing them; but the accounts of cash, for all purposes, are booked—this has been done since the last trial—I expressed no dissatisfaction about the last trial—this has been done behind his back, and no notice was given to his solicitor that he might go through the accounts; you have to rely entirely on my accuracy; nobody was present on his behalf—any explanation might have been given—he was out on bail yesterday—Mr. Lewis did not give me directions; the society did—one or two of the directors were present—I went through it, and they checked me as I did so.
MR. GIFFARD. Q. This cash that you say would be for Mr. Ruffey, comes from the petty disbursements, how would that be booked? A. Mr. Raffey, for directors, so much—it might be put, on one or two occasions, as "Cash to Mr. Ruffey"—this cash to Mr. Ruffey, 10s., would be for his private house expenses—this, Mr. Ruffey, for directors," would be for the society, and would be booked—when it was for Mr. Ruffey's account, and not for the society, it would not be booked—there are no instances where the money has ben for Mr. Ruffey's own purposes and has been booked.
MR. SERJEANT PARRY. Q. Are all these three cheques in your writing? A. Yes, all cheques were—whatever the prisoner said they were for was put on the cheques and the counterfoils—there are instances in which he has told me to draw cheques to so and so, in the body, and has stated in the counterfoil that they were for my private salary—the counterfoil of this cheque for 22l. 1s. states that it is on account of salary—the next date, March 5, is also on account of salary, and so is May 14th; and here is one, "June 6th, Mr. Ruffey's rent, on account of salary"—no one but the trustees would know what the prisoner had written on the cheques—there are a great variety of cheques drawn by Ruffey, in which the word "salary" does not appear—the counterfoils were kept in a desk in the office; there was no lock and key to it—the counterfoils were not laid before the auditors by me;
I was not in the room with them—we searched for the counterfoils at the time we searched for the other books, but could not find them.
Cross-examined. Q. What are you? A. An upholsterer on my own account—I have never been an auditor.
S---- H---- STOREHOUSE. I am one of the committee of the United Patriots Society. The prisoner stated to me, before these proceedings commenced, about the beginning of October, when two or three of the trustees met him, that he owed the society upwards of 700l.—we asked him for the books, and he said that he would allow three of the auditors to audit, but not four—he objected to the fourth—the three were, Mr. Watts, Mr. Noel, and Mr. Wilkes.
Cross-examined. Q. Who was the one he took objection to? A. Mr. Smith—the auditors did not go through the accounts—they Have been gone through since—I was here as a witness on the last trial, but was not called.
---- WATTS. I am one of the auditors. I went with two of my fellow auditors to the prisoner—he said that he would not allow us the books, unless we would dispense with Mr. Smith—Mr. Smith was with us—we did not dispense with him, we retired—I am one of the auditors who audit the accounts quarterly—I never go through the cheques—I was never aware that the prisoner drew money from the bankers for payments to himself—I know the prisoner's writing—these receipts for salary from 20th May, 1854, to 24th Aug. 1855, are his writing—the society varies in its numbers from time to time, and the secretary's salary varies accordingly.
Cross-examined. Q. Are these receipts all you found? A. Yes, "90l. 1s. 1d., 24th Aug., 1855," is the gross sum which appears in the quarterly balance, that had been received in various sums before, either in moneys or cheques—the prisoner did not say that Mr. Smith was out of office, and was not an auditor of the society—I did not hear it discussed whether Smith had a legal right to be one of the parties—I do not know that Mr. Garner, the treasurer, and one of the prosecutors, gave Ruffey notice not to give up the books without his consent—I do not know whether this paper is Mr. Garner's writing—I do not think I ever saw him write—Mr. Noel and Mr. Wilkes were with me.
---- NOEL. I never saw any of these cheques or the counterfoils—I was not aware that the prisoner was in the habit of making payments to himself by cheques—he has been in the habit of paying himself in advance, but had no authority to do so; it must be conjectural, because the salary was conjectural.
Cross-examined. Q. Have you invariably been paid your rent in that way by the prisoner? A. Not always; but for many years.
NOT GUILTY .
(There were four other similar indictments against the prisoner, on all which Mr. GIFFARD. offered no evidence.)
NOT GUILTY .
OLD COURT.—Thursday, December 18th, 1856.
PRESENT—Mr. Justice CROMPTON.; Mr. Justice CROWDER.; Sir FRANCIS GRAHAM MOON, Bart. Ald; Mr. Ald. HALE.; and Mr. COMMON SERJEANT.
Before Mr. Justice Crompton and the Fourth Jury.
MR. GIFFARD. conducted the Prosecution.
SARAH SMITH . I was at Enfield on Friday, 29th Nov. I was out late that night—in the course of the evening I went to the Hollybush Inn—the prisoner was in the tap room when I went in—after I had been there about ten minutes he came into the bar where I was, and said to Mr. Matthews, the landlord, "Give us two or three lucifers, governor" Matthews turned round, and gave him two or three, or more; I could not swear how many—he put them in his waistcoat pocket—he then went into the tap room, and wished them all good night, opened the front door, and went out—I went out almost directly afterwards—the prisoner went straight across the road to Mr. Shewell's front gate, that leads up to Mr. Shewell's house—I could not swear which way he turned after he got to the gate—the place where I afterwards saw the fire is, I should say, about thirty yards from that gate—the gate is right opposite the public house—I staid there about ten minutes—at the end of that time the prisoner came running up the alley from the direction where the fire afterwards was—I told him he was enough to frighten any one, coming running up there like that—he answered that I was like all the rest of the b—girls; he thought I knew a b—sight too much—he went into the Hollybush again, and I followed him in almost directly—from about twenty minutes to half an hour after I got in I heard the alarm of fire—A young man who was in the house opened the parlour door and gave the alarm—the parlour door opens into the road—upon that, all the people in the house ran out, except the prisoner and another man, an old man, who was sitting in the tap room asleep—the prisoner was in the tap room—there was no one in the tap room all the evening, only the prisoner and the other man, not while I was there—I went to the fire, and went and called my father up—I then came back to the Hollybush, and I asked the prisoner if he was not going over to the fire?—he said, "No;" he was not going to work at the b—fire for nothing—he was still in the tap room when I returned—he then went into the parlour, and I saw him take a piece of paper from the table and light it by the gas, and light his pipe—I said to him, "You had them lucifers from Mr. Matthews, and you came up that alley while I stood there"—the answer he made me was, that if I did not mind what I was saying I should get a b—prop—I do not know what he meant.
Prisoner. Q. Do you know me? A. Of course I do—I know your father and mother; you have lived at Enfield all your lifetime, I ought to know you—I made a mistake in the time at which I said I went to the Hollybush—I cannot swear to the time—I had nothing to take my attention to it—I said it was about half-past 1 o'clock, but I think it was a little later—I saw the clock at Mr. Matthews's, but I did not take particular notice of it—I thought the clock was striking one when I came by the church at Forty Hill, but I made a mistake in it—I was coming home from the highway—I do not know what time it was when I started from the highway—no one came with me—I am certain of that—if forty people were to come forward and say different, it would be no matter—I swear that I came home by myself—I did not stop anywhere between the church and the Holly bush—I did not take any notice who was in the Hollybush when I went in; I called for what I wanted, a glass of porter—nothing else—you were in the tap room; you were not in the parlour—a chap came in with some herrings, and you bought some of him, and you wanted to sell them to me, but I said I did not want them—I had been standing at the bar more than ten minutes when you came out of the tap room and asked for the lucifers—I do not know how many lucifers the landlord gave you—I will swear you put them into your waistcoat pocket—you then went into the tap room—you did not remain there many minutes—you wished them all good night, and went out—you wished the old man good night—I came out almost close behind you—I saw you go across to Mr. Shewell's gate—I cannot say which way you turned then; one way would take you towards the hay rick, and the other to the road—I crossed, and stopped at the corner of the brick wall, by the alley—I stopped there about five minutes—there was no one with me—I neither saw nor heard any one; not a soul, only you when you came back—I reside at Churchside, near the Hollybush, with my aunt and uncle—I decline saying what I do for a living—I am not a bad girl—I have left my home, but I am not a bad girl—I go out to work in the fields when I can get it, or any where else—I do not depend upon getting my living in an improper way—sometimes I am in of a night at 7 o'clock, sometimes 8 or 9 o'clock; sometimes later when I go out anywhere.
MR. GIFFARD. Q. You have told us that you went out of the Hollybush, and stopped out for some minutes, what did you go out for? A. For a necessary purpose.
COURT. Q. How long did that take you? A. About five minutes—I did not stay longer than was necessary for that purpose—I then came straight back again into Mr. Matthews's—about 3 o'clock I saw the prisoner trying to put out the fire—he was throwing two or three canfulls of water over it—I had never been any particular acquaintance of the prisoner's—I never had anything to do with him in the way of courting—I am quite sure of that—I followed him out when he opened the door—the chain was on the door till he opened it, and I thought I might as well go out then—I followed him in again; not exactly close behind him, but very soon after—I think it was somewhere about 2 o'clock when I first went into the Holly-bush; it might be a little after—T had been spending the evening at a friend's, at Enfield Highway—when I came back the Hollybush was open, and I went in for some porter—I am not in the habit of being out late at night very often—the corner of the alley is close against Mr. Shewell's gate—I cannot say which way the prisoner turned when he got to the gate, but when he came up the alley he came in a direction from the stack.
EDWARD MATTHEWS . I keep the Holly bush, at Enfield. On. Friday night, 28th Nov., the prisoner came to my house near 12 o'clock—he staid for some time; it must have been near 2 o'clock when he went away—he came to the bar, and asked me to give him a lucifer—that was before 2 o'clock, as near as I can judge; it did not particularly call my attention—I gave him four or five lucifers—the words he used were, "Governor, will you give me lucifer?" as near as I can say, that was it—I do not know whether he said "a lucifer," or "two or three lucifers;" but I gave him four or five, if not more—he put them in his waistcoat pocket—he stood at the bar for a short time, then wished some one good night, and left the house—I should say it was full an hour after that, that I heard of the fire—the prisoner was not away very long—I could not swear to the exact time—I thought at first it might be from twenty minutes to half an hour; but I do not think it was so long as that—I went to the fire—the stack was then burning all round—it was burnt down at last—the shed was entirely burnt, and a great portion of the hay was consumed—the stack was in the shed—I cannot say what time it was when I first went to the fire.
Prisoner. Q. Can you say how much it was before 12 o'clock that I came to your house? A. No; I cannot—I do not know whether there was another person in your company—when I first saw you, you were sitting in the parlour, between a man of the name of Chubb and a man of the name of Briggot—I do not recollect serving you with anything—I never saw you before that night, to my knowledge—I do not recollect inviting you to go into the parlour—it is very unlikely that I should, as I had had a supper there that night—Sarah Smith staid at the bar a very short time after you went out—I cannot say how long it was before she returned; it was not very long—I did not observe her come back—I saw you come in again—I suppose it was about half an hour after that before the cry of "Fire!" was raised—directly I heard the cry of "Fire!" I made the best of my way over to where it was—several were there before me—the first thing I saw was the horse being got out of the stable, which was close to the shed—there might be five, or six, or seven persons there at that time—I did not take particular notice of the number—I know there were several—the fire was simultaneous all round the stack—the general remark was, that it must have been set on fire—it was burning up like torchlight all round, about the same extent of fire in every part.
COURT. Q. How came your house to be open so late? A. I had got a supper there that night for the men belonging to the brewery, and the men working for Mr. Cracknell, the market gardener—I gave the supper—I had only recently taken the house.
JOHN BURR . (policeman, N 461). On Saturday morning, 29th Nov., I was on duty at Clay Hill, Enfield—that is about half a mile from Mr. Shewell's, in a direct line across the fields—about 20 minutes past 3 o'clock I saw a fire in the direction of Chase-side—I went towards it, and on my way I met the prisoner in a field belonging to Mr. Shewell; I stopped him, and said, "Halloo, George, what is amiss here?" he said, "It is a stack on fire"—I said, "Where are you going V—he said, "I am going home, I have had enough of the b—fires;" I then said, "You had better come back with me," and he turned back with me—as soon as I got in the yard near the stack, I looked at my watch, and it was a quarter to 4 o'clock—I had not come across the field, I came by the road—after I first saw the fire, I thought it was some distance further off, and I went round a gentleman's premises before I went to it, and then I had about a mile to go; part of the
way was along the road, and part along a footpath across the fields—the prisoner was walking on the grass, close by the side of the footpath in the field—I know where he lives—that would be towards his home.
Prisoner. Q. What part of the stack was on fire when you got there? A. All round, and the top as well—the roof of the shed had fallen in before I got there—I met you about 140 yards from the fire—I was by myself when I met you—nobody had told me that you had been seen to go that way—I did not take you into custody, I took you back to the stack with me; I wanted to make some further inquiries first—I did not see you do anything when you got back to the fire; I went to Mr. Shewell's house—I saw you several times, you were walking about, and standing in the yard—I would not swear whether you had not a pail in your hand among the rest that were there—I did not see you at the pond dipping the water out; I was down by the pond several times; I did not see you there, not to notice you more than anybody else—I met nobody but you as I came towards the fire, nor did I hear any one; I came down by the Hose and Crown, then across the fields, and down the alley to Mr. Shewell's field.
COURT. Q. Was where you met him in a direction to or from the Hollybush? A. The fire was between the Holly bush and where I met him—he was coming as if from the fire towards Clay Hill—that would be towards the Holly bush.
JURY. Q. Can you tell us the size of the stack? A. No—it was enclosed in a shed, with a roof over it, open at the sides; a short distance from the paling which separates the yard from the alley—the stack was not thatched; the roof was slated or tiled.
PAUL PRITCHARD . (policeman, N 237). This plan produced) was made by one of our sergeants—it is correct; I know the locality; I was with him when he made it—I took the prisoner into custody between 4 and 5 o'clock on Saturday, 29th Nov., in the stackyard, at the fire—when I first saw him I asked him where he was when the fire broke out—he said, "At the Hollybush"—I went there, and received information, and then returned to the stackyard—I told him I had received information that he was seen coming towards the premises of Mr. Shewell before the fire broke out—he said, "Yes"—I asked what reason he had for being there—he made no reply till I put the question to him a third time; he then said, he was on the Queen's high road—I then told him that I should take him into custody on suspicion of setting the stack on fire—he said, "There was others besides me"—I asked him who they were—he said, he did not know—I asked if he did not know one of them; he said, "No"—I took him to the station, searched him, and found on him some herrings, a piece of bread, a button, a small song book, and a short empty tobacco pipe—that was all—I searched his waistcoat pockets, his fob pocket, and his trowsers pockets—I found no lucifers—I am quite sure that he had no lucifers about him; I was looking particularly to see if I could find any—I was on duty that night in the neighbourhood of Mr. Shewell's premises—I was in front of the premises at a quarter before 3 o'clock; there was no fire there then, if there had been I must have smelt it—I did not see anybody about the premises that night, neither the prisoner or anybody else—I was standing opposite for several minutes, at the end of the alley—the witness, Sarah Smith, pointed out to me a corner of the brick wall—I measured the distance from that place to the stack, it was fifty yards.
Prisoner. Q. Whereabouts were you when the fire broke out? A. On Entield Green; that is about three quarters of mile from the fire—I did not
meet anybody as I came towards the fire, not till I came within a few yards of it, at the end of the alley, there were some persons there holding the horse that had been got out of the stable—that was about a quarter or 20 minutes before 4 o'clock—there was no sign of fire at a quarter to 3 o'clock; hay smells very much, and if there had been any I must have smelt it—I do not suppose I was about five minutes in coming to the fire after I first saw it; I ran all the way; I came along Chase-aide, right along the road to the Hollybush, and then I went down the alley to the stack—I did not go anywhere before I went to the stack—I did not see Sarah Smith anywhere that I know of; I saw several women, and other persons, she might be amongst them—the stack was all in a blaze when I got there—I did not go into the yard then; I went off after the engine—I saw several persons there—when I first saw you, you were at the back of the stack; you were doing nothing then; when I took you into custody you were leaning on the engine, I dare say you had been pumping; I did not see you—before I took you I went to the Hollybush and saw the landlord—I asked him if he had seen you there—he did not know your name, and I took you over to him, and he said he had seen you, and had given you some matches, and you said they were to light your pipe.
GEORGE TAYLOR . I was at the Hollybush on this night—I was the first to give the alarm—there were four or five with me, but I was the first to open the door, and saw the stack burning—it appeared to me that it was burning all round, by what I could see of it; but I could only see one end of it—we went over and burst open the gates leading into the premises, I then saw that it was burning all round—there was a barrel with some tar in it standing close to it, that was not burning—I immediately went to call the gardener up, to get the keys of the premises, and we set about getting the fire out.
Prisoner. Q. What time was it when you first saw the fire? A. As near 3 o'clock as I can tell—I cannot say exactly—I saw it on opening the parlour door, and cried out—"Here is a fire close here," and I and three or four more ran to it directly—it was burning all round from the bottom, and the shed likewise—we were not long bursting open the gates—the tar barrel did not touch the hay, we rolled it away—I did not hear anybody about the premises when I first went there—I was the first to get to the gates; there were several more close behind me—I saw you in the parlour of the Hollybush that morning—I did not see you go out—I was at the supper—I did not know of the fire until I opened the door and saw the flames.
Jury. Q. What distance is the stack from the fence? A. Perhaps two or three feet—the gates that were broken open were two or three yards from the hay—I could have got over the fence if I had been so minded—I could reach the top of it—it is not six feet high—I could have got over the gate, but we burst it open to get at the fire the quicker—it is about five feet high—the fence had been recently tarred—the inside of the fence was burnt—a public footpath leads by the gate—we did not observe any footmarks about; the weather was dry and frosty, and we were all buzzing about trying to get the fire out.
COURT. Q. Were you at home that night? A. Yes, I was alarmed by the noise in the street and the knocking at the door—I had last seen the stack some time in the afternoon—the tar barrel was mine—it bad been
used for tarring the fence—I should not think there would be any difficulty in getting over the fence or the gate—the hay was in charge of the gardener—he would have nothing to do with it after six o'clock—I should think there would be no horses or cows to feed.
Jury. Q. How long is it since the fence has been tarred? A. Nine or ten months—it was perfectly dry—it is about four feet high—there might be some little difficulty in getting over it, but not much to an active man—the prisoner has not been in my employment—I know nothing at all of him, I merely knew there was such a man—I cannot assign any reason for his doing such a thing.
(The prisoner, in a very long address, commented upon the evidence, and stated that he had left the public house for a necessary purpose, and had merely gone a few yards up the alley; that while there he lizard voices further up, but did not see any persons, or know who they were; that he then returned to the public house, and when the alarm of fire was given, he assisted the others to put it out, and was then leaving when the policeman met him.)
NOT GUILTY .
MR. CARTER. conducted the Prosecution.
SUSAN BAKER . I am the wife of George Baker, and live at No. 1, Greville-street, Hatton-garden. On the night of 29th Nov. I went to bed from half past 12 to 1 o'clock—I saw the house secured by the shopwoman in my presence—I saw both the parlour shutters fastened—they are outside shutters, and are bolted from within by opening the window—I was awoke about 3 o'clock by the police knocking at the door—I dressed myself, and went down and found the police standing in the passage—I found the parlour shutters broken; the iron work was broken; a skylight in the washhouse was broken, that had been sound the night before—the parlour cupboard had been broken open, and a great many paper packets of copper money taken, as well as some loose in a bag, and some in a tin—I do not know the exact quantity—I had Been it safe the previous evening.
Cross-examined by MR. HORRY. Q. Was there 17s. worth of copper? A. Much more than that—our shop is at the corner of Greville-street in Hatton-garden—Beauchamp-street I think is the next street to ours—our shop fronts into Leather-lane.
GEORGE BAKER . I was in the country at the time of the robbery—I went on the Monday before; before going I had tied up a quantity of copper money, in packets of 5s. each—I placed them in the parlour cupboard, and locked it—I tied up the packets myself, and observed the manner in which it was done.
Cross-examined. Q. How many packets of copper money has the officer shown you since? A. I cannot say; I have seen five or six—I swore to three by the colour of the paper, and the tying up—at was light blue paper—the other packages were in brown paper—I swore to the three packages by the paper, not from the tying.
MR. CARTER. Q. In what coloured paper did you tie yours up? A. Some in light blue paper, and some in brown paper—I left some of each kind in the cupboard—the light blue packages I tied in double paper as it was thin.
JAMES HEWSON . (police sergeant, G 5). On the morning of 30th Nov., about 3 o'clock, I was on duty in the neighbourhood of Hatton-garden, and when opposite No. 1, Greville-street, I heard a noise, inside the house, of the rattling
of money—not knowing whether any one was about in the house, or what it might be, I knocked at the door, rather gently at first—I received no answer—I knocked several times, and after several minutes two journeymen bakers, who were at work in the house, came down stain and opened the door, and said there were thieves in the house—it is a baker's shop—I went in and examined the premises—I found there had been thieves there, and that they had escaped by the skylight in the back kitchen, which was broken sufficient for a man to get out—it leads out on to the leads in the back yard, and to the back yard of No. 11, Beauchamp-street—I went out into Leather-lane, and placed several constables round the premises—I then returned to the prosecutor's house, and in the back kitchen found a bag in a hat, containing a quantity of copper money—another hat was hanging in the broken glass of the skylight—the socket that holds the bolt of the back door was broken, and the window bolt was taken off and placed against the table—they appeared to have broken in by the parlour window.
Cross-examined. Q. Beauchamp-street runs out of Leather-lane, does it not? A. Yes, and also Greville-street—it runs from Leather-lane to Brook-street—Mr. Baker's shop is at the corner of Greville-street and Leather-lane—the back of No. 1, Greville-street is not exactly at the back of No. 11, Beauchamp-street, but it is easily to be communicated with—they are eight or ten yards apart.
MR. CARTER. Q. Would a person going out of the prosecutor's skylight come to the back of No. 11, Beauchamp-street 1 A. Yes, by just passing along a very low wall—it is very seldom that the back doors of those houses are fastened—if they got in at the back door they could easily get from the passage into the street—it is a very low neighbourhood—the front doors are frequently open; there are several families living in one house—these (produced) are the hats I found, and this is the bag and money—there is about 24s. in loose copper money.
WILLIAM WHITOOMB . (policeman, G 247). I was on duty in the neighbourhood of Hatton-garden on the morning of 30th Nov.—I was passing through Beauchamp-street a little after 3 o'clock, and saw the prisoner and another man standing in the passage of No. 11—the front door was open—the prisoner was rubbing his eyes, and he said that the sound of the rattle had woke them out of their sleep—I had not known him before—I know now where he lives, No. 1, Plough-court, Holborn-hill—he does not live at No. 11, Beauchamp-street, it is a marine store dealer's—I was not at that time aware that a burglary had been committed, and I did not interfere with them—shortly after I heard of it, I went back again to the passage of No. 11, and there found two coats—the prisoner and the other man had no coats or hats on when I saw them—the coats were in the passage just where they had been standing—the breast pocket of one of the coats was full of copper money, loose, not tied up in anything—the men were gone when I returned to the passage—I had left the prisoner there—the other one Walked close by me as far as Leather-lane without his coat or hat.
Cross-examined. Q. Between the time of your seeing the prisoner in the passage and your going away and coming back again, what time elapsed 9 A. It might be four or five minutes, or not quite so much; from three to five minutes—the other man went with me down Beauchamp-street without his coat and hat, to inquire what was the matter—he went down as far as Leather-lane, and I saw no more of him—I left him at the corner of Beauchamp-street and Leather-lane—I did not mention that before, because I was not asked the question—I was examined before the Magistrate—I had
before that mentioned to my brother officers about the man walking with me down Beauchamp-street—I was ordered to go back to No. 11, Beauchamp-street to look for the persons I had seen there.
MR. CARTER. Q. I suppose you related to the other officers what you had seen at this place, and were sent back to it again 1 A. To see that nobody came out of any of the doors—I left the man at the corner of Greville-street, and ran down to No. 1, where the burglary was committed—the man had left me before I got there.
MICHAEL HAMMOND . (City policeman, 223). I received information of this burglary on the morning of 30th Nov.—I apprehended the prisoner about 20 minutes past 4 o'clock that morning in Plough-court, Holborn-hill; he had a latch key in his hand, and was in the act of going to open the door of No. 1, Plough-court—I took him to the station, and asked him where he had been this last hour—he said he had been to a coffee shop in Holborn-bars, kept by a person named Williamson, I think—I took him to that house, and questioned the landlord in his presence, and he said he was not there that night that he had seen—the prisoner made no reply—I knew the prisoner before—I had seen him about 1 o'clock that same night, in company with two others, at the bottom of Holburin-hill, coming out of Victoria-street—I observed his dress at that time, he had on a black hat and a frock coat—when I arrested him he had on the coat he has now—I am sure it was not the same coat that he had on at 1 o'clock.
Cross-examined. Q. When you say you saw him at 1 o'clock, nothing particular had occurred to call your attention to him? A. A policeman drove the three out of Victoria-street, that was what caused me to notice him—the two coats found in the passage of No. 11, Beauchamp-street were shown to me at the station—I remembered having seen him at 1 o'clock—before that, when I arrested him, I asked him where he got the coat that he had on him, and I said, "You had a frock coat and hat on."
JOHN LODGE . (policeman, G 144). I searched the prisoner at the station—I found on him seven packages of halfpence, which I produce—they were round his breast, inside his shirt; the waistband of his trowsers prevented their falling—I also found 17s. 10 1/2 d. and three halfpence in copper in his trowsers pocket, and two sixpences in silver, a street door key, a latch key, a skeleton key, and some matches—the street door key was the key he was about entering the house with in Plough-court—the door was bolted—I knew the prisoner before; I had seen him at 1 o'clock that morning, and turned him round in the direction of the City, he was at the end of Victoria-street—he then had on a frock coat and a hat—I believe one of the coats found at No. 11, Beauchamp-street to be the prisoner's; it is a similar coat to that which I have seen him repeatedly wear.
Cross-examined. Q. And a similar coat to many dozens, I suppose? A. Exactly; but it is rather shorter than frock coats are generally worn, with a fashionable sleeve—a pair of gloves was found in the pocket, which I had seen on the prisoner three weeks previously—they are very similar gloves—the sergeant found them.
to them—I have brought some paper with me of a similar description; there are two sorts, one rather darker—I can swear to the others now I see them open, by the paper inside—there are bits of newspaper inside; I put some in as the paper was rather thin—I cannot say whether I put them in all the brown packages.
Cross-examined. Q. I suppose that is a very common way of packing up copper, is it not? A. I cannot say, I have not seen others do it—these seven packets were all I had at the time the loose money was taken while I was away—I think I left about 31. in packets, but I cannot say exactly.
The prisoner was farther charged with having been before convicted.
THOMAS SAUNDERS . (City policeman). I produce a certificate—(This certifed the Conviction of Daniel Connell at this Court in May, 1851, of burglary, and that he was sentenced to seven years transportation)—the prisoner is the person—I had him in custody on that occasion.
GUILTY.— Transported for Fifteen Years.
(Sergeant Hewson stated that the prisoner had been released on a ticket of leave, which had been revoked, and afterwards granted again; but thai he had since been back to his old associates.)
NEW COURT.—Thursday, December 18th, 1856.
PRESENT—Mr. JUSTICE CROWDER.; Sir JAMES DUKE, But, Ald.; and Mr. Ald. CARTER.
Before Mr. Justice Crowder and the Sixth Jury.
146. ALEXANDER STAINBURG and CHARLES HAMILTON COLLINS , unlawfully obtaining 2271. 1s. 4d. in money, and bills of exchange to the amount of 1,122l. 18s. 8d.; the property of John Deporter; by false pretences.
MR. SLEIGH. offered no evidences.
NOT GUILTY .
147. LUDWIG THIES , feloniously cutting and wounding Josiah Warner on the right thigh and right side of his chest; with intent to resist his lawful apprehension.—2nd COUNT, with intent to do grievous bodily harm.
MR. SHARPE. conducted the Prosecution.
(The prisoner, being a German, had the evidence interpreted to him.)
SARAH BRIANT . I am single, and live at No. 8, Vine-court, Spitalfields, with my father. On Saturday night, 1st Nov., I was in conversation with Henry James Moules, at the top of Vine-court—the prisoner came up, and asked for water, as well as we could understand him—he appeared to be quite sober—Moules told him to go to the public house for water—upon that the prisoner took hold of me by the arm, touched me under the chin, and put his foot behind mine, and tried to throw me down—Moules pushed him away—the prisoner then made a snatch at Moules's pocket—the prisoner came up to me again, and put his foot behind mine to throw me down—I pushed him away, and so did Moules—I saw that Moules had a silver watch guard at that time—after he had pushed the prisoner away the second time, the prisoner pulled out a knife—it was open—I saw the blade in his hand—I called out "Murder!"—the prisoner came back, and stabbed Moules in the back—Moules did not say anything to him when he returned
the second time—a policeman came up about that time, and took hold of him by the arm—I saw the prisoner have the knife as though he was striking him in the calf of the leg—I did not see him stab the policeman anywhere else—I did not go away till I saw Moules stabbed—after the policeman was stabbed, I saw Moules run up to the prisoner to catch hold of his hand, and I saw the prisoner job his hand, and the knife went into Moules's cheek—I cannot say whether he did it on purpose or accidentally—I did not see any more—when Moules pushed away the prisoner, I did not see him strike him.
Cross-examined by MR. LANGFORD. Q. Was the prisoner in a great passion? A. I do not think he was—he appeared furious—I was talking to Moules—neither of us were laughing—I did not see any bundle in the prisoner's hand—he did not appear in a hurry—he was calm at first—he began to be furious a very little while afterwards—it might be five or ten minutes after he spoke to me—I cannot tell what caused him to change from a calm to a furious state—I am certain we did not laugh at him, nor point at him—when Moules told him there was water to be got at the public house, he caught hold of me—I did not hear him say anything—I did not see him walk up and down while he was furious.
MR. SHARPE. Q. Was it after Moules pushed the prisoner away that he became furious? A. Yes.
HENRY JAMES MOULES . I live at No. 2, Crown-court, Pearl-street, and am a brush maker. On 1st Nov., shortly before 12 o'clock at night, I was at the top of Vine-court talking to Briant—the prisoner came up and said something—I was not able to understand him at first, but after he had said six or seven words, I understood he wanted water—I put my hand up to my mouth to see whether I understood what he did mean, I did not know what he wanted—he nodded his head—I told him to go to the public house and they would give him a glass of water, I dare say—he stood there a minute and he went up and caught hold of Briant by the arm as if he meant to throw her down—I pushed him away, and he made two or three blows at me with his fist and instantly caught hold of my breast—I had a watch guard round my neck and a watch in my pocket—he held the chain and struck at me with his fist—I caught hold of my chain and be instantly stabbed me three or four times in my neck—I saw the handle of a knife in his hand and the blade—the knife went through the collar of my coat—it touched my neck and cut me, the blood is on my waistcoat now—he then ran away and returned again—I then went up to him and told him I would give him in charge—he said not a word, but he looked round at me very fierce, opened the knife and said, "Do you?" as I understood him, and made a plunge at me with the knife—he olid not wound me—he ran away then, and I saw a policeman catch hold of him—I was at the corner of Vine-court, and he was at the corner of Brown's-lane, which is near Commercial-street—I saw the policeman catch hold of him, and directly I saw the prisoner stab him in the breast—I saw them struggling together—the policeman was trying to hold him, and he tried to escape—I did not see him give him the second wound on the leg—I saw him struggling very much, and stabbing at the policeman—I did not fetch the policeman—I did not see him till he caught hold of the prisoner—at the time the prisoner was in Commercial-street he was flourishing the knife about—I went up to the policeman as fast as I could, and endeavoured to seize the prisoner—I told the policeman I would give him in charge for stabbing me—the policeman said, "He has stabbed me"—I said, "Yes, I see he has"—and I saw from
the bottom of the policeman's trowsere a quantity of blood coming out—I ran round to the back of the policeman, and caught hold of the prisoner's hand that had the knife in it—he struggled very hard to get away—the policeman was very weak, I saw him stagger back 'and the prisoner broke away from me, and stabbed me on the right cheek—the knife penetrated through my cheek, and fixed in the roof of my mouth—'after it wag in, my cheek, I felt the prisoner turn it round—Harris then seized hold of the prisoner—I became very weak—when the prisoner was in the street, I heard the young woman that was with me scream "Murder!" very loud—at that time the prisoner was in Commercial-street—a policeman could have heard that cry; any one could have heard it a long way—she was about fifty yards off when she began to cry—I heard several other persons cry out—they were screaming, and I heard them say. He has stabbed that young man going along there."
COURT. Q. Before the policeman laid hold of the prisoner in Commeicial-street, had you heard cries of "Murder?" A. Yes; the young woman began to scream the first time, and then the prisoner ran away.
MR. SHARPE. Q. At the time the young woman cried "Murder!" had the policeman seized the prisoner? A. Yes, and persons came along, I think they were screaming—before the policeman seized the prisoner a cry of "Murder!" was raised by the young woman—I am sure the cry was raised before the policeman stopped the prisoner—he had nm about fifty yards.
Cross-examined. Q. In this Commercial-street, are there a good many persons walking? A. I did not see any one; only the prisoner coming along—several persona came up afterwards; at first there might have been three or four—I do not know whether the young woman put her hand to her mouth as I did—we were not laughing, we were talking together—when the prisoner seized me, he seized my waistcoat and all in front—he held me very tight, he had hold of my chain and part of my waistcoat—besides saying, "Water, water," he said two or three words which I did not understand—he looked first one way and then the other, and then asked for water.
JOSIAH WARNER . (police sergeant, H 33). On the morning of 2nd Nov., I was in Commercial-street, between 12 and 1 o'clock, and saw a crowd—a person gave me the prisoner into custody for attempting to rob him—I saw the prisoner standing outside the people—I said to him, "Stop!"—he said nothing—he was brandishing something over his head, which appeared to me to be paper—it was in his right hand—I would not say whether he was drunk or sober, he had something bright in his hand—I walked off the kerb to him, and caught hold of him, and he stabbed me in the right breast—I stepped behind him to catch hold of his right arm, and the moment I caught hold of him he stabbed me down the thigh—before he stabbed me I Was partly down, and he also—I became faint, and called out to the civilians to catch hold of his arm—there were several round—I could not see whether any caught hold of him, I was taken away—I do not know that I heard any cry before I endeavoured to take him—I was in my police clothes.
THOMAS HARRIS . I live in Brick-lane, and am a shoemaker. Shortly after 12 o'clock on Sunday morning, 2nd Nov., I was in Commercial—street, Spitalfields—I saw the prisoner flourishing a knife, which was open—he was threatening to stab, as well as I could understand him—I saw him stab the policeman three times, twice in the thigh, and once in the breast—I saw Moules try to secure him, and he stabbed Moules in the mouth—when
I saw that, I ran and caught his arm, forced him to the ground, and broke the blade of the knife short off—I kept hold of the prisoner till the other policeman came—the blade of the knife flew out from eight to ten inches—I held the prisoner, with the handle of the knife in his hand, till I gave him to the policeman, Floyd—I never saw the prisoner knocked down.
JAMES FLOYD . (policeman, H 114). I was on duty in Commercial-street on Sunday morning, 2nd Nov., and saw a disturbance—I heard several cry, "I wish another policeman would come up"—when I got up I saw a great mob, and the policeman said, "I shall die"—Harris had got hold of the prisoner by his right hand, the same hand that he had the handle of the knife in—I put down my hand to take him into custody, and he immediately stabbed at me with the handle of the knife in his hand—I put down my hand to try to take the handle of the knife out of his hand, and he tried to bite the back of my hand, but instead of that he seized the cuff of my coat—another constable came up and assisted me in taking him to the station—he was very violent—we both fell twice—I produce the handle of the knife, which I took out of his hand, and the blade, which was afterwards given to me by Miller.
Cross-examined. Q. Is this the handkerchief which the prisoner had round his neck? A. Yes, and the things in it were found in his pocket—I have inquired, but I could not ascertain where the prisoner slept on Friday night—he was very furious, but perfectly sober—I did not smell any liquor.
ROBERT DEBENHAM . I am a surgeon of the London Hospital. On Sunday morning, 2nd Nov., Warner was brought in very early—he was insensible from loss of blood—he had a wound on the outer part, about the middle of the right thigh—it was a punctured wound, about an inch and a half long, and extended about three inches upwards and inwards—it had wounded some vessels, but it had stopped—such a knife as this (produced) would have inflicted that wound—he had a small wound, about half an inch in length, on the right breast—it had not penetrated the chest—the wound in the thigh was dangerous—I consider him now entirely out of danger—he will not be able to resume his duty for some time—it is very difficult to say when.
Cross-examined. Q. "Was he in great danger from loss of blood? A. Yes, the knife had passed near the artery in the thigh.
GUILTY. of wounding, with intent to do grievous bodily harm. Aged 22.— Confined Eighteen Months.
(The Court ordered a reward of 10l. to Moules, and 21. to Harris.)
MR. W. J. PAYNE. conducted the Prosecution.
AUGUSTIN RIVEIRI . (Through an interpreter). I am cook on board the ship Durham, which has come from Amsterdam. On 7th Dec. I was near the Royal Mint, about 9 o'clock in the evening—I was in a wine shop showing a ring that I wanted to dispose of—the prisoner came in, and asked me to show him the ring—I pulled it off to show him, and the moment I got it off he caught hold of it, and ran away—I followed him—I bad a purse in my pocket with five rupees in it—when I came up to the prisoner he knocked me down with his fist—I called "Police!" and be ran away—a police sergeant came up, and then the prisoner drew a knife and opened it—the parties got hold of him before he did any further mischief—this is the ring (produced).
Prisoner. He told me he had not a halfpenny about him; he asked the people to buy the ring; I took it in my hand, and said I would show him a place where he could sell it, and he gave it into my hand. Witness. No, I did not—I did not say a word about having no money.
CHARLES FRIARS . I am a labourer, and live in East Smithfield. On 7th Dec., about 9 o'clock at night, I heard a noise near the court where I live; I went out, got on a wall, and saw the prosecutor standing two or three feet off the wall, and the prisoner was behind some empty barrels—I asked what was the matter—I did not get any answer; I jumped off the wall, and the prisoner run away—I ran after him, and the prosecutor with me—the prisoner turned round and struck the prosecutor with his fist, and knocked him down—the prosecutor got up, and the prisoner ran into the Mint, and into the guard-room where the soldiers are—the prosecutor followed him up—the prisoner claimed the protection of the soldiers; they would not have anything to do with him—he came and drew a knife, and ran up Queen-street—the police sergeant caught him by the back of his coat, and I caught the hand that had the knife in it—the prisoner did not do anything with the knife, but he threw it about in a dangerous manner.
Prisoner. Q. Did you see me struck at the time I had the knife? A. Yes; you were struck down by a stranger passing in the street—it was after that that you drew the knife.
JAMES GRIFFIN . (police sergeant, H 3). I was in the Mint, and heard several voices cry, "Murder!" and "Stop thief!"—I went and saw the prisoner running at the head of the mob, just, as I got out of the Royal Mint gates—they were following him, but did not seem to be willing to lay hold of him—I pursued him, overtook him at the top of Queen-street, about 150 yards off, and seized him by the neck and collar of his coat—several persons called out, "He has got an open knife in his hand; you will be stabbed," and immediately the last witness stepped behind me, took his right hand, and said, "Give me the knife"—the prisoner said, "I have no knife"—I said,"You have, give me the knife"—he shut it and gave it to me, and said, "would not use the knife to you, policeman, but I was not going to be taken by them, it is not their business; what am I taken for?"—I said, "For robbing this man of his ring and money"—he said, "You are very foolish to stop me, I have not got the ring; the woman he is stopping with has got his ring and money"—I took him to the station, and he there produced this ring from his waistcoat pocket—the purse and money have not been found—in the place from which he ran there are eighty or ninety large water butts—it has been searched, but the money has not been found.
Prisoner's Defence. Last Sunday week I went out for half an ounce of tobacco; I saw this man coming up; he spoke to me, and we went towards St katherine's Docks; he said he had no money, and would sell this ring; I told him I would take him to a place where he could sell it; he then pushed me; I said, "What are you pushing me for?" and knocked him down; I was not going to keep the ring; he gave it me to sell; I was very drunk; I never wished to do him any injury.
COURT. to JAMES GRIFFIN. Q. What distance is it from where you took hold of the prisoner, to the station? A. About a quarter of a mile—I took hold of one of his hands, and another officer of the other—I am sure I told him before I took him to the station, that I took him for a robbery—when he get to the station I said to another officer, "Take care of his other hand, that he don't throw anything away"—the prisoner then gave up the ring.
GUILTY . Aged 35.— Confined Six Months.
THIRD COURT.—Thursday, December 18th, 1856.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Sir FRANCIS GRAHAM MOON, Bart, Ald.; Mr. Ald. HALE.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury
149. SAMUEL LEIGH BOOTH , unlawfully attempting to obtain 100 gallons of rape oil, and 30 gallons of olive oil, value 30l., of Horatio Stringer, by false pretences.—2nd COUNT, unlawfully obtaining 10s., the moneys of Nicholas Brown and another, by false pretences.—3rd COUNT, unlawfully obtaining 4l. the moneys of Joseph Jennings Dew, by false pretences: to which he
PLEADED GUILTY . Aged 24.— Four Years Penal Servitude.
MESSRS. COOPER. and POLAND. conducted the Prosecution.
JOHN BOATWRIGHT . I am clerk to Messrs. Allen, solicitors for the prosecution. I produce a certificate of a trial which took place on 5th Nov.—(Read: Clerkenwdl Sessions, Nov., 1856, George Edwards and William Gregg, Convicted of larceny, before Robert Pashley, Esq.) and others; Confined, eight months each.)
ISAAC WRIGHT . I am crier of the Middlesex Sessions. I was present at the trial of Edwards and Gregg on 5th Nov.—the prisoner was called upon as a witness on behalf of Gregg, and I administered the oath to him; after which he was examined.
Cross-examined by MR. TINDAL ATKINSON. Q. Is that the original note? A. I have got the original in my pocket; I have made this transcript—(This was to the effect that the defendant swore, among other things, that Getgg Was at the White Lion, Fashion-street, Spitalfields, from 7 till 11 o'clock, on 9th Oct., 1856, and was not absent more than five minutes during that time.)
HANNAH EVERITT . I am now Mrs. Lemann; I still live with my mother, who keeps the Blue Anchor, in the Mile End-road. On 9nd Oct., about half past 3 o'clock in the afternoon, Gregg and'Edwards were there, with another man dressed in dark clothes—(Gregg was here brought into Court)—that is one of the men—I saw him three times the first time he came—I was serving in the tap—people have to pass the tap to go to the staircase—when people came for liquor they faced me—the three men first came to the bar, and had half a quartern of gin—I saw them all distinctly—they left at 4 o'clock, and returned at 6, called for a pint of ale at the counter, and asked me to put the light on in the bagatelle room—I did so, and came down stairs—my room was all safe when they left at 4 o'clock, and the door locked—nobody else had come in in the mean time—there is a window on the stairs, quite near to the bagatelle room—after I bad put the light on, they went up stairs, and a few minutes afterwards Gregg came down and called for a pint of ale at the counter—I served him—the light was full on his face, and I am sure he is the same man—after he had had the ale he went up again, and came down again, a quarter: of an hour afterwards, and went Into the back yard; he then came out of the yard to the counter, and asked me for two Incifers; I gave him the box—while he
was in tlie yard, the other two came down, and he opened the back door, and said, "Are you going?"—he then followed them along the passage directly—it was about 7 o'clock when they left—there is a clock in the bar—it was a little past 7 o'clock when we went to clear the room after they were gone—I know it was 6 o'clock when they came, because there were two persons at the counter talking about going to the play, and I said, "You will not have much time, as it is 6 o'clock now"—a boy named Dyerson afterwards came to me, and I went up stain, and found my door unlocked, my drawers opened, and my dresses and clothes taken away—in the yard, under the window, there are some wine butts; a man standing on them could take anything from that window, and pat it over the wall, near the dust bin in Driver's buildings—that window was open—Gregg had a cap on; I cannot say the colour, but it had a black band round it.
Cross-examined by MR. TINDAL ATKINSON. Q. When was your attention first called to it 9 A. They asked me at the police court, but not before I was asked by the Magistrate—this was on Thursday, and I went before the Magistrate on the next Monday—I do not look at the clock every time a customer goes out—we have not a very good business at the counter—the clock does not strike; it might have been a minute or two before 7 o'clock, I cannot say.
STEPHEN WATLING . I live in Henry-street, Limehouse, near Stepney Church—on a Tuesday night, in October, the same night that I saw a boy named Dyerson, I was in Driver's-buildings, Mile End-road—some man spoke to me, and took me down Driver's-buildings to a dust hole, and put a bundle of things on my head; I then came into the Mile End-road, with the man, where I saw Dyerson—when we got to Charrington's brewery Gregg crossed over from the other side, and said that it was all right, to the man—Gregg said nothing to Dyerson; the man said something to Dyerson, in consequence of which he left; and I and the man went to Shoreditch—Gregg did not go with us—the man gave me tid. at Shoreditch, and took the bundle—Gregg had a cap on—I saw his face; that is the man—it was half past 8 o'clock when I was by the sweetstuff shop in the court, before I carried the bundle—I looked at the clocks-whatever day of the week it was, I only carried a bundle once.
Cross-examined. Q. Have not you said before that it was 7 o'clock, or a little after? A. No; I have always given the time as half past 8 o'clock—I am a cow boy—nobody ever put a bundle on my head before—I thought it was a little strange; that it was not quite right—I did not know that they were thieves—sergeant Hinith found me ont—he did not ask me what time at night it was, nor dkl I tell him—I asked a man in the street the time, and he said that it was half past 8 o'clock; that is the only means I have of knowing—I cannot tell the time by myself—that was the only inquiry I made—I got home about 10 o'clock—I have no notion what o'clock it is now at all.
MR. COOPER. Q. At what time do you leave off work everyday? A. 4 o'clock; after that I went home and had my tea, and came out again—I had been wandering about till the man took me—I know Dyerson; he went with me to close to the brewery, and then a third boy, Bevis, came up—I do not know the White Lion Inn.
CORNELIUS DYERSON . I am errand boy to Mr. Hardley, a coal merchant, of Mile End—I live with my father at No. 21, Driver's-buildings—on Thursday evening, 10th Oct, about 7 o'clock, or half past, I was standing at the top of Driver's-buildings, and saw a man with a hat on bringing the boy
Watling out of Drivers-buildings; he put a round soft bundle on his head—Watling said, "Come along with me;" I went with him as far as Charrington's brewery, which is about three or four minutes' walk from Driver's buildings; the man with the hat walked alongside of Watling—when we reached Charrington's brewery Gregg came over and said that it was all right to the man with a hat on—that is Gregg; I am sure he is the man, I saw him by the brewery lamp, and another lamp in the road—I saw him for three or four minutes—I looked at the other man, and he said, "You can go back, the boy is going upwards of a mile with the bundle"—Gregg then crossed the road again, and went away—I know the dust hole in Driver's-buildings, it is built against the fence just by the Blue Anchor—a man standing on the butts under the Blue Anchor window, could put anything across to the dust bin—I went and told Miss Everett what I had seen—that was when Bevis, another boy, came up to me when I came home—it was half past 8 or a quarter to 9 o'clock when I reached home; I know that because the peas pudding was up, and it always comes up at half past 8 o'clock—I went on the Saturday with sergeant Smith to a public house in Spitalfields, near the church, we arrived there at past 7 o'clock in the evening—sergeant Smith went in, and I waited outside, and saw two or three men, and Gregg come up, they were just going into the public house, but the others told Gregg to go away, and he went away—I went away with the constable, and we afterwards went back, Gregg had come back in the meantime, I was just going away—I showed him to the policeman—I am sure he is the man I saw at Charrington's brewery that night.
Cross-examined. Q. Do you carry a watch? A. No—I can tell what time it is by a clock—it was a rather hazy night—I was only with these people three or four minutes—my attention was directed to the others as well—I had never seen him before.
COURT. Q. What had Gregg on his head? A. A greyish cap, with a black band.
FREDERICK BEVIS . I was fourteen years old last July, and am errand boy to Dr. Storey—I live at No. 24, Driver's-buildings—on Thursday, 9th Oct., I saw Watling, who I knew by sight, with a bundle—I also saw Dyerson—a man with a hat on was with Watling—as they were standing against Charrington's brewery, that man (Gregg) came across the road with a cap on, and spoke to the man with a hat—I saw him for three or four minutes, and noticed him; it was nearly half past 8 o'clock.
Cross-examined. Q. What do you fix the time by? A. I was going to Dalston on an errand for my master, that was generally the time I started, and that was the time I usually go home, and as I was crossing the road near Stepney-green, I looked at a clock at the Hayfield public house, and it was twenty-five minutes past—I had never seen Gregg before, and then only for a few minutes.
WILLIAM SMITH . (police sergeant K, 28). On Saturday, 11th Oct., I took Dyerson to the White Lion in Fashion-street, Spitalfields—I went in and left him outside—when I came out he told me what he had seen—I took him away, and returned in ten minutes or a quarter of an hour—the lad went down the street in front of me, and pointed Gregg out to me—I took him in custody, and took him to Arbour-square—the Blue Anchor is not quite a mile and a half from the White Lion, Spitalfields—the Blue Anchor is 300 yards from Charringtou's brewery—I have measured the distance—I examined the Blue Anchor-yard.
Cross-examined. Q. Does not the mile go from Whitechapel church? A.
From Whitechapel church the one milestone is 150 or 200 yards this side of the Blue Anchor—Fashion-street is the third turning up Brick-lane, on the left hand side—the public house is on the right hand side of Fashion-street; I think it is rather more than a mile and a quarter—Charrington's brewery is on the way to the White Lion, 300 yards nearer.
NOT GUILTY .
MR. ROBINSON. conducted the Prosecution.
BENEDICT BARNARD . I am in partnership with Mr. Rosenthal as silk and trimming manufacturers in Cheapside. On Tuesday, 2nd Dec., the prisoner came and said that he been living with Mr. Richard Evans, of Watling-street, for five years this Christmas, and was still—I knew that there was a house of that name in the same business as mine—he also said that he had lived with Solomon and Sons, of the Old Change, and had formed so favourable an opinion of the Hebrews that he was anxious to be with persons of that persuasion—he said that Mr. Evans was indebted to him 38?., and would not pay it, and that if I would engage him, he would forego that sum and enter into our service—I said, "I am not able to make you any offer with regard to a situation, but if you will jot down on paper what your ideas are, I will see whether I can do so; it is perfectly immaterial whether I pay 300l., 400l., or 500l., a year; all I want is a valuable servant"—he said that he would call again and place on a paper his views, and that he was in great distress, owing to Mr. Evans withholding the 38l. as he had a wife and four children, and wanted money particularly, and asked me to lend him 20l.—I believed his statement that he had been with Mr. Evans, and lent him 2l.—if I had known he had not lived there, I would not have done so—he gave me this document, "I O U 20l., John Simpson, Dec. 2nd, 1856"—he called next day, wrote this letter in my counting-house, and said, "Mr. Barnard, I dare say you scarcely slept last night"—I said, "I slept very well"—he said, "The fact of having lent a stranger 20l. must have disturbed your rest"—I said, "Perhaps it might, but I believe you are in Mr. Evans's employment, I believe all you stated"—he told me that his brother was a clergyman of the Church of England, and went away, promising to come again the same day, and saying that it was only business engagements which would detain him—he did not come again, nor on the Wednesday or Thursday, and on the Thursday I think I went to Mr. Evans's, and, in consequence of what he said, I gave instructions to the police.
Prisoner. Q. Was it not on the faith of my entering your service that you lent me the 20l. A. Certainly not.
RICHARD EVANS . I am a trimming manufacturer, of Watling-street—about a fortnight previous to this tile prisoner called on me to seek a situation—he gave the name of Simpson—he was never in my service—I never owed him 38l. or any sum.
Prisoner. Q. Did not I give you my proper address? A. You gave it at a street in Islington—the policeman can tell whether it was your proper address—it led to your discovery—you told me that your wife was ill, that you had lost two children with typhus fever, and in a week you called on me and said that you had lost a third child, all which turned out to be false.
MR. ROBINSON. Q. Did you ever hear the name of Hale at all? A. No.
JOSEPH COMBER KNIGHT . (City policeman). I took the prisoner on Friday, 5th Dec.—he gave the name of James Hale—I told him it was for obtaining 20l. by false pretences from Mr. Barnard, of Cheapside—he said,
You are mistaken, I have done nothing of the kind"—he also said, "I was going down to Mr. Barnard's."
Prisoner. Q. At the time you met me, was not I on my way, or in a direct way to Cheapside? A. You were on your way to Goswell-street—that will lead to Cheapside or any other part.
Prisoner. Q. You know of no stain against my character? A. No.
The prisoner stated that he was in much distress, with his wife and four children, that he had contemplated destroying himself rather than rob, and was induced to borrow the money of Mr. Barnard, but never intended to cheat him of it.
The officer stated that the story about his wife and four children was untrue, and that he had obtained 8l. and 5l. from other persons.
Confined Nine Months.
152. HERBERT EDGAR STANBRIDGE , unlawfully obtaining 1 watch and 1 guard chain, value 29l. 8s.; the goods of Joseph Savory and another, by false pretences—2nd COUNT, 12 shirts, and other articles, value 12l. 15s. the goods of Thomas Porter.—3rd COUNT, 1 dress, value 35l.; the goods of Isaac John Northern.
MR. METCALFE. conducted the Prosecution.
THOMAS TAYLOR . I am in the service of Savory and Sons, of Cornhill. On 17th Oct. the prisoner drove up in a brougham, with either one or two horses, and selected a gold watch at sixteen guineas, and a chain at twelve guineas—he also selected, but did not take away, six pairs of dessert knives and forks; they were to be sent up to him, but we were to wait to hear further before they were sent; we heard nothing more, and still retained them—he asked for a piece of paper to write a cheque for the amount—I made out the invoice, and received this cheque from him," William Stopher, 52, Cheapside. Please pay A. B. Savory and Son, 35l. 9s. 6d. on my account, Herbert E. Stanbridge"—the cheque was drawn to include the dessert knives and forks, and engraving his crest upon them—on receiving this cheque I allowed him to take away the watch and chain, without making any inquiries—I should not have done so, if I had not believed that the cheque was genuine—he had had a transaction with us two or three months before, and gave us a cheque on the same person, which was paid; but this cheque passed through our bankers, and was returned "without effects"—I afterwards received this letter (produced,) on the same day that the cheque was returned—I think it was on Tuesday—(Read: " Mr. H. E. Stanbridge will feel obliged if Messrs. Cox will keep the cheque for a few days, as my agent informs me that my account is overdrawn, on account of a sum of money not being paid in as expected.")
Cross-examined by MR. SLEIGH. Q. Had his family been in the habit of dealing at your establishment for years? A. Yes, but I had only had one transaction with the prisoner—that was to the amount of 20l. or there-abouts—he did not take away the goods on that occasion, they were not delivered till some days afterwards—I should on the former occasion have refused to deliver the goods without the money, though I knew his family—he was at one time living at the Queen's Hotel, Bayswater, but I do not know whether that was his address when he gave this order—he did not give me his address in respect of this order, we were to hear from him—I
had one transaction for plate with him, besides which I think he had a cigar case, which was paid for in cash in the shop.
THOMAS PORTER . I am a shirt maker, of the Strand. On let Nov. the prisoner drove up to my shop in a brougham, and ordered a dozen shirts—I told him that I could not make them, unless he paid me on delivery—he said, "I need not want a lawyer to tell me that," as I had told him the same thing six months before—he Raid that he would pay for them before he had them, and I undertook to make them—he ordered other articles, amounting altogether to 5l. 9s. 9d.—he called again on the Saturday, and again on Monday, 10th, when they were to be ready—he said, "I suppose you will take my cheque?"—I said, "Yes"—he said,"I want 5l. can you let me have it?"—I said, "I have only 3l. 10s.; if that is of any me to you, you can have that"—he drew this cheque (produced,) and I let him off the 9d—(Read: "William stopher, Esq., 52, Cheapside. Nov. 7th, 1856. Please pay Porter, or bearer, 12l. 15s. on account. H. E. Stanbridge.")—I put the goods into his brougham, in which there was a gentleman sitting—on the following morning he called in a street cab, and said, "Porter, I wish you would not send that cheque in, I am afraid it will not be paid"—I said, "I should rather go down and see about it, for I want the money"—he said, "If you have not sent it in, I will give you an order, upon a friend close by; you can get the money there while I wait"—he then drew this cheque—(Read: "J. Murray, Esq., 13, John-street, Adelphi. Please pay T. Porter, Esq., 12l. 15s. on my account H. E. Stanbridge"—I sent it to John-street, but the prisoner would not wait; I was anxious that he should, but he said, "I cannot waste my time here," jumped into the cab, and went away—my man returned without the money, as Mr. Murray had not arrived—I afterwards went myself, but got no money, and have seen nothing of him or my shirts—I should not have let him take away the things if I had not have believed that it was a genuine cheque; I would not have trusted him a shilling.
Cross-examined. Q. Has he frequently bought things of you before? A. His brother brought him to me a year and a half before—I made some things for him, and got paid for them on 31st Oct., 1855; 25l.—I know that he is a member of a very respectable family—the former account extended over a period of two months, and subsequently the amount was paid on the day that it was sent in—I delivered those goods without the money, because he was recommended; but had had no transaction with him since.
MR. METCALFE. Q. Was there any reason why you would not have delivered these goods? A. In consequence of something I had been told, I would not trust him, and I had told him that six months before.
ISAAC JOHN NATHAN . I am a costumier, of No. 18, Castle-street. The prisoner called on me on 7th Nov., and wanted a fancy dress for a ball, which was shortly to be given by Mr. Kemp—I showed him the book, and he chose one, the price of which was 35l.—he came in a brougham, with a pair of greys—I took his measure, and he left—about a week afterwards he called again in the brougham, and fitted on the dress; we then asked him for a deposit—he said, "Do you know I have been recommended by Mr. Kemp and one or two gentlemen; I pay no deposit, but immediately the goods are finished I pay you money;" and therefore we took his word—he came in on the evening before, and again on the evening of the ball, and looked at the dress—he said that it was very pretty, and very good, and said, "I suppose, old boy, you would like your money?"—I said,"If you
please, Sir"—he said, "I will give it you," opened a cigar case, took a piece of paper out, and said, "Here is your money's—I said, "You promised to give me ready money, and this is not cash"—he said,"I have just come to town, and have not had an opportunity to go to my banker's, but if you present this cheque there to-morrow morning, you will find that there is plenty of ready money there"—this (produced) is the cheque, but he altered the figures at my place—(Read: "William Stopher, Esq., 52, Cheapside. Please pay Mr. Nathan, or bearer, 35l. on my account, Henry Stan bridge"—I said that I did not know a person named Stopher, a banker; he said that bankers sprung up continually—I should not have parted with the dress unless I had believed that it was a genuine document—he also had a sword worth 4l., which I have not seen since.
Cross-examined. Q. Was it a fact that Mr. Kemp had a grand fancy ball that night? A. Yes; the defendant put on this dress at my house, and left his own clothes behind—they are not worth the 35l.—they are there now, and some articles of jewellery also—I did not promise to send them—he gave his address, "Westbourne-terrace"—I did not apply to his friends when the cheque was not honoured—I did not authorise any one to endeavour to obtain payment from his friends; nor did. any one do so on my behalf, to my knowledge—I did not go to that gentleman (pointed out by MH. SLEIGH.) with a policeman, and say that if the matter was not settled I would give the defendant into custody for fraud—I went with a policeman, but not for that purpose—he said that he would call on me in the evening, but he did not—I did not wait till the evening, and then put the criminal law in force; the criminal law was looking for him.
JOHN SIMMONDS . I am a costumier, of No. 4, Tavistock-street, Covent-garden. On the Friday after the ball the prisoner called on me in a carriage, and left with me this blue velvet dress; he asked me to get an air-tight case made for it—that it wanted a little alteration, and he would call in a few days.
Cross-examined. Q. What is the value of the dress? A. I do not think it is under-valued; it is all very good velvet; and well got up, and is lined all through with satin.
WILLIAM STOPHER . I am a solicitor, of No. 52, Cheapside. I have been solicitor to the prisoner—on 16th July last, close upon 1,880l. of his was paid into my hands, to bis credit—it was paid to him in my presence, and left with me for his purposes—I had certain payments to make on his behalf, which I made, and rendered him an account about 23rd July, leaving him a balance of 845l., which, as he was going to Paris, he left with me, to be disbursed as he might orders—many orders came in, such as have been produced to-day, and I paid them—the last date on which I had any money of his was 20th or 21st Sept—on 17th Sept. I wrote to him at Paris this letter (produced)—he, at that time, had more than sufficient to cover the orders—it showed a balance of 69l.; but on the 21st that balance was drawn out—from 21st to the beginning of Dec. I had no money belonging to him in my hands—I wrote this letter (produced) to him on 15th Sept.—(This was a request not to draw any more money till he heard from Mr. Stopher)—I had no money of his on 21st Nov.—I had paid 94l. into the Court of Queen's Bench, in lieu of bail, of the money I had belonging to him, in an action in which he had been arrested for a debt—various letters passed; and negotiations ensued, with a view of settling that action, but they were abortive for a time—I had soon the prisoner's instructions to place myself in a position to defend that action if the sum of 65l. was
not accepted which was tendered; in which case he would be entitled to about 29l., which was the difference—as far aft I am aware, that was the only available sum in my power—I saw Mr. Stanbridge about 3rd Oct, and explained that to him—a sum of 21l. was paid into my handa yesterday—I have some letters here which I received from the prisoner when he was in Paris, about 19th or 20th Sept.—this one (produced) is dated the 17th, but that is a mistake evidently, for the post mark is the 19th, at Paris; and it came in answer to my letter of the 17th—this is the last letter I received from him in Pane—I received some in London (The letter being read stated, "I have drawn for the balance, and in all probability I shall never be in England again."—Some accounts were here produced Mr. Murray)—this is the first accouut—no letter was sent with this.
Cross-examined. Q. Is this young man one of a very respectable family? A. Yes; I have known the family for years—his father died in 1846; and in Oct., 1855, he had about 2,000l. produced by the sale of a reversion—he has been gay, extravagant, and thoughtless, and has no notion whatever of business matters—he had about 4,000l. in eleven monthly which is all gone—from my knowledge of his family, and his respectability, I have lent him money when I have had none of his in hand—that was early in the year, before he could realise his reversion—he is only twenty-two years old—the 94l. could have been taken out of Court by special bail being put in—it would then have gone into my hands, and would have been available for his orders—my bilk of costs amounted to quite 140l. or 150l—I did not know from him that while he was in Paris his groom absconded, and robbed him of 300l. or 400l—he never consulted me upon it—I had an interview with him on 3rd Oct., immediately on his return from Paris; and from that time I did not see him till he was taken into custody—he till has a remote interest in an annuity of 4,000l. or 5,000l—his mother has a life interest in it, which she loses on marriage—in the account which I rendered him my bill of costs was deducted.
MR. METOALFE. Q. Is this account (produced) the one you rendered to him in July? A. Yes; and he afterwards brought it to me again—I sent him also in Sept., with a letter, another account, which is not produced—I sent him this letter ((produced) on 24th Sept., explaining to him about the deduction of 69l., which would leave about 29l. in Court; the plaintiff had not accepted that offer—that wan the proposal for it—that was after a letter about Marratt, in which he tells me to settle that as fast as I can—an annuity is purchased from the proceeds of that reversion, in which he has this remote interest, that it will come to him in the event of his mother marrying again; but if she remains unmarried, it will not—that would not come into my hands; he could go to the Bank of England and receive the dividends.
Cross-examined. Q. I believe he applied to you for the purpose of your making an application to Mr. Stopher? A. Yes; he had an account rendered to him, with 200l. or 300l. for costs, and was under the impression that it was very much overcharged, and wished me to investigate it—about 18th Nov. Mr. stopher communicated with me, and I did not see the prisoner for some days after that—if he had asked me to lend him any reasonable sum, I might have done so; but when the the was, presented I
refused—I had some property of his in my hands during November—I should think it was of considerable value, because there were two or three large portmanteaus of clothing, which I had from his lodging—this letter is the only claim I made on Mr. Stopher on the prisoner's behalf—(Read: "Sir, Mr. Stanbridge has just now placed me in possession of your note of the 23rd, and is greatly surprised at the contents, as he is under the impression that you hold a considerable quantity of money of his in your hands.)
MR. METCALFE. Q. Did the prisoner instruct you to write that? A. Yes; he placed this letter in my hands on 3rd Nov. (This was from Mr. Stopher to the prisoner, expressing his astonishment at his having again drawn on him when there were no funds, and informing him that he was rendering himself liable to criminal proceedings.) The portmanteaus in my possession were full of clothes and jewellery—there were two gold pins—I had no authority from the prisoner to raise money on them—he told me repeatedly that he expected to have 230l. from Mr. Kemp, the builder, who was giving the fancy ball, and who lends money—he is one of the firm of Kemp and Clay, bill brokers.
GEORGE SILVESTER . (policeman, A 232). I took the prisoner, and found on him some duplicates and these letters (produced), one of which is of 23rd Oct.—this letter of 15th Sept. I found at his lodging at Mr. Duberg's, in the Haymarket—it was some days before I could find out his lodging—I found this jeweller's box from Savory's, but not the gold watch or the sword—I found some shirts at the Golden Cross hotel.
GUILTY. on 2nd and 3rd Counts. Aged 22.— Confined Four Months.
(MR. SLEIGH. for the defence, produced an affidavit, stating thai the prosecutor did not intend to ask for a verdict.)
NOT GUILTY .
MR. TORR. conducted the Prosecution.
ROBERT SKINGSLEY . I am a coffee house keeper, of 50, Carnab-street, St. James's. In the beginning of July I had occasion to take proceedings against John Anderson, relative to a warrant of a watch which I had bought of him, and was introduced to the prisoner by a friend of his to carry on the action; he told me that he could do it for me, and it would be much cheaper than taking it to the County Court; and that if I sued him in person, and lost the action, they could come upon me for expenses—I retained him to take these proceedings, and on 4th July paid him 16s. 8d. for the issue of the writ, and on the 7th, 7s. 6d. to have the writ resealed, as it was issued in the wrong Christian name; on the 9th he applied to me for 2s. 4d. in addition, saying that he could not always tell what a thing would come to; on the 10th I paid him 2s. 6d., as he said he had been down to the Court to stop the defendant from preventing the issue of the writ, which cost 2s. 6d.; on the 6th Aug. I paid him 3s. 6d. for examining the defendant's plea, and he showed me a paper which he called a plea—he read it to me in the presence of Mr. Pigot, a butcher, who is one of the witnesses, and said that it was the defendant's answer to my declaration, but was not a sufficient answer, and he would try and see if he could not get the case put
down as undefended, because there was not a sufficient answer to the declaration—I paid him 4s. 6d., as he said that it would cost that to put it down as undefended—I have got no witness to that payment, but I have to all the others—I also paid him 4s. 6d. on 9th Sept to fix the trial; he said that he had had it put down on the top of the list as an undefended case, and it would come off on the 25th in the Sheriffs Court, Bed Lion Square—I went down on the Wednesday, and found that there was no such name entered—if I got 15l. damages, the defendant was to have 7l., and if I got 10l. he was to have 5l.—I never brought an action before, and hope I never shall again.
Cross-examined by MR. RIBTON. Q. How old are you? A. Turned thirty—he said that he was first cousin to Lord Chief Justice Jervis—he told me that my bringing the action in the superior Court would prevent the defendant's getting costs—what I wanted was, not to cheat the defendant of costs, I only wanted him to return me my money and take the watch back—the watch cost 3l. 3s.—I did not believe that I should get 15l. damages, but the prisoner said, "If you do not put in damages, you can claim nothing"—I had not known him before; I was introduced to him by Mr. Roberts, and the payments were always made in his shop—he has had altogether 2l. 1s. 6d.—he did not charge me anything for writing the declaration—I cannot say when he read it over to me—I did not pay him any money that day, and therefore kept no account—I have never seen the declaration since—I heard the word "plea" used—he said that the pleadings were not a sufficient answer to the declaration—I never spoke to the defendant in the action till this defendant was given into custody, but Jervis went over to him several times—he said, "He has offered 7l. to settle it, will you take it?"—I said, "Yes, and be very glad"—he went there to get his spectacles mended—he was given into custody by a Mr. Wright, after which he wrote me this letter: "Sir,—In consequence of a severe cold, caught on Thursday night, through Mr. Wright's outrageous conduct, I have been unable ever since to prosecute your business, or that of any other person, nor shall I attempt it for the next few days; I will write to you the beginning of next week"—I was in Court when Mr. Beadon discharged him from custody—I heard all Mr. Wright said—I did not immediately after that give him into custody, I was fetched out of bed to do that—I had no communication with Mr. Wright—I was up at the Court for the purpose of charging him at the time the charge was made by Mr. Wright—I did not state my case before Mr. Beadon, although he was discharged in Mr. Wright's case; Mr. Wright made another charge, which was dismissed, because he could not produce the sum of 1l. 8s. 6d.
HENRY JAMES REEVES . I am an attorney. I attend to the common law department of Davis and Co., of 17, Warwick-street, Regent-street—Mr. Anderson brought me a summons and consulted me about it—this is it (produced)—he directed me to put in an appearance on his behalf—I did that, and have heard nothing of the matter since—I had never seen the prisoner till he was at Marlborough-street—I had not delivered him a plea before that, I should not have delivered it to anybody except to him in person—there might have been a draft declaration drawn, but not delivered—it would have come to me in the ordinary course of business, if it had been delivered.
Gross-examined. Q. When was the appearance entered? A. I think on 17th July, certainly within a day or two—about 5l. would be the lowest
sum an attorney would charge for proceedings of this kind, including the declaration; it would range from 5l. to 8l.
DANIEL GEORGE ROBERTS . I am a hairdresser, of No. 47, Carnaby-street. I know the prisoner and Skingsley—I have seen them together at my house, at various times, from last summer—they were there in the beginning of July—I saw several sums paid by Skingsley to the prisoner—16s. 8d. for the issue of a writ, 7s. 6d. for re-sealing writ, 2s. 4d. in addition for the same purpose, 2s. 6d. for stopping the issue of the writ by the defendant, and 3s. 6d. for examining the defendant's plea; Jarvis had a little bit of paper in his hand, which he told me was the plea, but not at that interview.
COURT. Q. What passed when the 3s. 6d. was paid, what was said by the prisoner previously? A. He told me that it was for examining the defendant's plea in answer to the declaration, as it was not sufficient to answer the purpose of the trial, and that he would consult Counsel on the subject, and should want 3s. 6d. for so doing—there was a bit of paper, which he said was the answer of the defendaut, but he did not read it to me; he produced it, but whether it was before or after, I cannot say.
Cross-examined. Q. Have you rather an extensive business? A. I have—the news is sometimes talked over—I recollected this statement because I was the unfortunate introducer of him to it—I have known the defendant since I called on him seven years ago—he represents himself as an attorney, and has offices in Laurence Pountney-lane—I never saw any clerks—I thought it was a favour to introduce him, but found that not one case had been properly done by him or done at all—I have do strong feeling in the matter, no more than seeing right done—I know nothing of Mr. Wright's case, and was not at the police court to argue it—I have not referred to the prisoner's little memorandum book, but he had it before the Magistrate—I have never seen this extract from the book (produced.)
COURT. Q. Are you sure the 3s. 6d. was paid for him to consult Counsel as to the sufficiency of the plea? A. That is what he told me, that the plea was not sufficient, and he should consult Counsel on the subject—that was after the 3s. 6d. was paid—before it was paid, he said that the plea was not sufficient, and that he should have 3s. 6d. for examining it—he did not tell me, in Mr. Skingsley's presence, that the 3s. 6d. was to be paid for him to consult Counsel—he said that it was for him to examine the defendant's plea—he did not say that he had examined it, that was what he had to receive the money for. (MR. TORK. here stated that he could not carry the case further).
NOT GUILTY .
FOURTH COURT.—Thursday, December 18th, 1856.
PRESENT—Mr. Ald. HALE.; and MICHAEL PRENDERGAST, Esq.
Before Michael Prendergaat, Esq., and the Third Jury.
MR. CAARTEN. conducted the Prosecution.
REBECCA BOSWORTH . I am the wife of James Bosworth, of No. 14, Cowper's-gardens, Hackney-road. I was in Bishopegate-street on Monday afternoon, 8th Dec., about half past 3 o'clock—I saw Mrs. Blunston there, at
the corner of Union-street—I was close to her—I saw the prisoner put his hand into her pocket and take out a purse—it was a leather puree, with a steel clasp—he handed it to his companion, and they walked away up Union-street—Mrs. Blunston crossed the road, and I went and told her what I had seen—a police constable came up, and I informed him—he went up Union-street, and in a short time returned with the prisoner—he is the the man that took the purse, I am positive of it.
Cross-examined by MR. DOYLE. Q. Was the boy long in taking the purse? A. No, very quick—he went off immediately—there were two persons together—they both went up Union-street together—I did not know the boy before—it was not more than a minute or two after that I told the policeman—the policeman was close to us—he was about ten minutes or A quarter of an hour before he returned—I was standing by the side of the prisoner at the time.
GEORGE TILLEY . (City policeman, 645). I was on duty in Bishopsgate-street Without—I saw Mrs. Bosworth and Mrs. Blunston together—I was close by them when Mrs. Bosworth went up to Mrs. Blunston—I went up to them, and from what they said to me, I went up Union-street into the New-road—I saw the prisoner there, and another lad, come up some back street, towards the New-road from Spitalfields—that was in the direction of Union-street—they came up a street that would take you from Union-street to this New-road—they were both running—this one whistled to the other, he turned round and saw me, and ran faster, and I took him—I brought him back to Union-street, and as I was bringing him along be slipped his coat off, in order to get from me—he did not succeed in getting away—I showed him to Mrs. Bosworth, and she identified him at once—she said, "That is the man that picked the lady's pocket"—he said he had not been in Bishopsgate-street at all—I produce a cap—he had it on when I took him into custody—his coat did come off in my hand.
Cross-examined. Q. Did not you poll his coat off? A. No, I caught hold of the sleeve of his coat, he made a twist round, and got it off.
SARAH BLUNSTON . I reside at No. 70, Bishopsgate-without. About half past 3 o'clock on Monday afternoon I was at the corner of Union-street—after I had crossed the street Mrs. Bosworth spoke to me—I then felt in my pocket, and missed my purse—it was a black leather one, with a steel clasp—it contained 3s.—the policeman came up instantly—he left me, and went in the direction of Union-street—before I crossed the road I felt something in my pocket, but I was not aware anything was wrong.
GUILTY . Aged 18.— Confined Six Months.
JOHN DRUCE . I am porter to Mr. Mott, jeweller, of Cheapside—on 13th Dec., I was in the shop at 25 minutes to 7 o'clock—I heard the window smashed—I rushed out of the shop, and took this necklet, with a circular ornament attached, from the prisoner's hand—the other necklet a gentleman picked up, and gave me—both are my master's property, and both were lying in that part of the window where the glass was broken—his hand was in the window—he had in his hand as many necklets as he could hold, but he could not pull them out, because he could not get them off the books—the two produced are the only ones which were pulled out—the house is in the parish of St. Mastthew, Friday-street—the prisoner's hand was bleeding.
FREDERICK BEXHAM . (City policeman, 431). The prisoner was given into my custody—I took him to the station house, and found 3d. on him—he said to me, that he broke the window that he might go before the Lord Mayor, and that the necklaces were in his hand when he withdrew it.
(The prisoner's statement before the Magistrate was here read, as follows: "I have been for ten years a convict, and on that account could get no work on account of being known; and I was industriously inclined for work, as much as any man could be; and I was forced to sell my clothes to maintain myself; and I had no clothes and nothing else, and I was in a state of mind that I did not know what to do; and I wish to get out of this country, so as I could get an honourable living, and industrious.")
(A piece of the broken window was produced, it was three-eighths of an inch thick).
FREDERICK BENHAM . re-examined. His dress was an old blue Guernsey, and an old black waistcoat, old black trowsers, and black cap—the rest of his apparel was very shabby—he walked in a hobbling manner, apparently tired and lame—he had no shirt.
Prisoner. I wanted work, but no one would give it me, because I was known before as a prisoner.
GUILTY . Aged 36.— Confined One Year.
PHILIP MILLER . I live at Hayes, in Middlesex, and am an innkeeper. The prisoner was my weekly servant, living in the house—on Wednesday, 10th Dec., I sent him to London with a load and a half of straw—he was to receive 1l. 16s. 3d. for a load and a quarter of what he took, and leave the other quarter unpaid—he went to London about 9 o'clock in the morning and did not come back until about 3 o'clock next morning—he ought to have been back about 9 or 10—I asked him, "Well, Joe, how did you get on?"—he said, "Very well; I delivered the load and quarter at Jones's," and that he had received the money for one load, and the quarter was to remain till Friday, when he went again, that would be 1l. 9s.—he gave me 1l. 8s. 3d., saying he had used 6d. for his own purposes and 3d. for the extra gate—I said, "What have you done with the other quarter?"—he said he had taken it to his brother's, to Shepherd's Bush; his name is Gould—he said nothing about Mr. Wrench—he said he had taken a load and a quarter to Mr. Jones, and the other to his brother—Mr. Jones would not take the other quarter in—the next morning, I came to London to Mr. Jones's, and found he had received the money for a load and a quarter, and had left the whole of it there—I am sure that he told me he had received only 1l. 9s.
ANN MARIA WRENCH . I am wife of Nathaniel Wrench, of No. 38, Great Marylebone-street, London, corndealer, who carries on business in the name of Jones and Co. My husband has dealings with Mr. Miller—on the morning of 10th Dec., the prisoner came to my house—my husband had a load and a half of straw—I paid the prisoner 1l. 16s. 3d. for Mr. Miller.
NATHANIEL WRENCH . I took some straw of the prisoner on the 10th Dec.—I saw my wife pay him some money—I do not know how much—I told her to pay 1l. 16s. 3d.—the prisoner was there—I suppose he heard me say it—he was close to me.
PHILIP MILLER . re-examined. He told me on the 11th, that he had lost it—in the evening I called him to me, when I came back from Jones's, and I said if he gave me the money, all well and good, if not, I should give him in charge—he had only been with me three days—this was his first job—I had not known him more than a month—I paid him 10s. a week and his lodging, and 1s. every time that he went to London.
GUILTY. Aged 20.—Recommended to mercy by the Jury. — Confined Three Months.
ALEXANDER M'KAY . I am constable to Mr. Joseph Barnum, sworn in by the Court of Aldermen. On Thursday, 27th Nov., about 2 o'clock, I came on the quay—I missed a firkin of butter out of a lot of fifty, marked with an eagle—in consequence of information, I looked after the prisoner, at the bar two nights and days.
JAMES DOWNER . On Thursday, 27th, I was at Brewer's Quay, sorting the butter—I saw the prisoner with the cask of butter on his shoulder—I made some inquiry about it—I saw the prisoner go up Chester Quay gate with the firkin of butter—there were forty-nine of those marked with an eagle left—one was gone.
Prisoner. Q. Why did you not have me detained? A. I called to the foreman—the foreman rather disputed about having it.
EDWARD WILTON . At 2 o'clock on Thursday afternoon, I was in Lower Thames-street—I saw the prisoner—he was past both the quays—going from those quays—he had a cask on his shoulder marked with an eagle—I am quite sure.
Prisoner. Q. Are you positive that I am the man? A. Yes; I knew you before—many casks are carried by people there.
JOHN CANBY . On Thursday, 27th Nov., I was at Brewer's Quay, putting this butter in the scale, and James Dowling, my mate, was calling the marks out to me—he called out, "Does Martin Evans work for us?"—I said, "No"—he said, "There he goes, with a cask of butter on his shoulder"—I had not seen him before—I saw the man go away with a cask on his shoulder—I believe it was the prisoner, but I did not see his face.
Prisoner. Q. Why did you not detain me? A. I was not sure whether you worked there or not—I understand you have worked in the ware-houses belonging to the firm—I am sure you are the man—I knew you before.
JOHN SUMMERFIELD . (City policeman, 533). The prisoner came to me on Saturday, 29th—he asked me why I had been looking after him—I said, I had not been looking after him, but that I understood two men from the quay had been looking after him—I took him into custody.
Prisoner's Defence. Some party came to my place, and from the description I thought it was the last witness; I told the landlady, if there was any message, to refer to my brother; in the morning I would not go to look for labour, but I came direct to him; he said he had not been for me, but I
went with him to the quay at once; is it likely that I would have gone if I had been guilty; on Tuesday I worked till 11 o'clock at night; on Thursday I went to my brother's place at half past 12 o'clock, and remained there till 10 o'clock at night; he was subject to fits, that was why I went.
GUILTY . Aged 37.— Confined Six Months.
MR. FLOWERS. conducted the Prosecution.
WILLIAM LOWDEN , Jun. I am porter to Mr. Sable, of No. 80, Coleman-street. About 5 o'clock, on the evening of 11th Dec., I was in a part of Mr. Sable's premises with the prisoner Hewitt—somebody whistled in the yard—upon hearing that, Hewitt went down directly, to speak to the man in the yard—it would be dark then, but there was a sufficient light thrown into the yard for me to discern any one—I did not hear him speak, but I saw him speak—he came back again to where I was—I was present when the doors were closed in the evening—I saw Hewitt, about 6 o'clock, move the truck near the plate glass warehouse door—that opens upon the yard as the large door fastened from within—the doors were closed when I left, and Hewitt left me about half past 6 o'clock—it was his duty to close them, provided he found that they were open—they are folding doors, but are divided into four—he was the last that went back into the premises, but we all left about the same time—in consequence of what I had seen, I spoke to my father—there is a lobby at the bottom part of the premises, in a direct line with the plate glass room door—that is on the ground floor—when you get outside the plate glass room you are in the yard—the door that is in the lobby you come out of last—the great gate that encloses the yard is in Coleman-street—the premises are at the bottom, and the door that I mean is in a line with the plate glass room door—when I heard this whistle, the prisoner was on the first floor—he went out through the lobby door into the yard—that is a side door—there is a door into the lobby, out of the plate glass room—I went out of the front door into the yard, and then went by the side door; that also opens from the yard into the lobby—from the interior of Mr. Sable's warehouse you can go into the plate glass room—the lobby leads into different parts of the premises—I was not in the plate glass room—I came down the staircase that leads into the lobby—I and Hewitt came from the first floor down the staircase into the lobby—that lobby is beside the plate glass warehouse—Hewitt went into the yard out of the lobby door, removed the truck belonging to my employer, and moved it to the door of the plate glass warehouse—after that we returned again to the lobby, and went back again into the premises upstairs—he returned very shortly, and went into the general office, and took down the keys from the hook—I was then in the lobby as well—I, Hewitt, and the clerk then came away—I went home directly to my father—I did not see Hewitt do anything—I saw him lock the door when we were leaving the premises at half past 6 o'clock—I saw him lock the wicket door, and the door leading into the lobby—I did not see him do anything to the door of the plate glass room—I went to the station house that night, and there saw the truck, and the property that was in it—it was Mr. Sable's truck and glass.
Cross-examined by MR. ROBINSON. for Clarke. Q. Are you sure it was your employer's glass? A. It was very like it—when we go into the yard we first go through the wicket gate leading from Coleman street—then the plate glass room door would face you—the plate glass room has large doors opening into the yard—the lobby door is to the right—there is no other entrance to the premises, except that in Coleman-street, except we go through Mr. Astle's, which we never do—we might do it if we had permission—we can get into our yard by going through his house—I believe it is a common yard—Mr. Astle does go through it—the general office can be got at by a door in the lobby on the right—there is a door that leads into the yard in the lobby, but it is kept bolted.
WILLIAM LOWDEN . I am a shoemaker, at No. 12, Cradle-street. I am father of the last witness—in consequence of what my son said I watched Mr. Sable's premises—about half past 7 o'clock, I was in Cradle-street, and heard a truck coming at the back of the gate in the yard—I was then a few yards from the gate—I heard as if the bar of the gate had fallen, and then the gates opened—I saw Rush—Clarke had the truck, and the other stopped to fasten the gate—I saw a third person—I could not swear to him as I did not see his face—he came out into the street, but went in again directly—they went towards Fore-street—the third man remained in the yard—he resembled Hewitt, but I cannot swear it was him.
Cross-examined by MR. ROBINSON. Q. Did you not see the truck outside in the first instance? A. No—I did not see inside the yard—dark drew the truck, and brought it outside.
MR. FLOWERS. Q. Did you keep sight of the men? A. I kept sight of one man drawing the truck into Fore-street—Rush was not with him at that time—he remained behind for a short time—at Finsbury-pavement Rush came up—they then went onward with the truck, one on each side—they went down Wilson-street into Crown-street—I there saw sergeant Herbert, and told him—he followed them to Brick-lane, against Spitalfields church—that made it about 8 o'clock.
JOHN HERBERT . (police sergeant, G 18). A little before 8 o'clock, on that evening, I was on duty, and saw Clarke and Rush, and followed them up Brick-lane, Spitalfields—I then went up to Clarke, and said, "Whose truck have you got here?"—he said his own—I said, "What have you got in it?"—he said, "Glass, I am a hawker of glass; do you want to know where I live? come with me, and I will show you"—I took them both—Clarke gave me a false address in the morning—I could obtain no information of him there.
Cross-examined by MR. ROBINSON. Q. When did he refuse to give his address? A. On that same night—he gave me his address, No. 16, James-street, Hare-street, Bethnal-green, next morning—I did not take it down—I saw it put down in the charge sheet—I went there and could learn nothing of him—he was not known there.
PHILLIP BRADLEY . (policeman, H 137). I was present when the last witness had Clarke and Rush in custody—they were put in the dock—there were no other persons present at that time—I found that key (produced) in the dock—they had left the dock about five or six minutes when I found the key—next morning I went to Mr. Sable's premises in Coleman-street, and tried with this key the wicket gate, and it opened it.
GEORGE ASTLE . I am a bookbinder, at No. 80, Coleman-street—my house is on one side of the yard that leads into Mr. Sable's premises, and I have a door leading into that yard—on the evening of the 11th Dec. I went into the yard with the policeman, in consequence of what he said to me, and went
up to the door of the plate glass room—I pressed against it with the constable, and had no difficulty in opening it—it was not fastened within—the door is in several compartments—I put my hand on the top part, and it opened easily—it is divided horizontally in the middle, and vertically down the middle—I pushed the other part.
EPHRAIM SABLE . I am a general merchant, in Coleman-street—that glass (produced) is my property. I have not seen the whole of the glass that was in this truck—I have seen a quantity of it—what I saw was of the value of about 2l.
WILLIAM MERRINGTON . I am potman and waiter at the Plough tavern, at the corner of Fore-street—I know Hush and Hewitt—on the evening of the 11th, about half past 6 o'clock, they were in our public-house, and likewise Clarke—they were drinking together—Clarke paid for the drink.
Cross-examined by MR. ROBINSON. Q. Had you known the others A. Yes—I was called to take a pint of porter to the room—when I went in there was a dispute about who should pay for it, and Clarke put down a penny, and said to me, "Drink, and that will make it right"—I said, "No," and then he put himself in a fighting attitude, and I took particular notice of him—when I saw them next they were altogether at the police station.
(MR. ROBINSON. submitted, that the charge of housebreaking was not supported. The COURT. being of that opinion, MR. ROBINSON. further contended, that there was no case against Hewitt. The COURT. was of opinion that there was no evidence but a confession made to Mr. Sable, upon a promise, and that there was therefore no charge against him,) (Clarke received a good character.)
EPHRAIM SABLE . re-examined. Rush was in my service as a porter—he was there till about three or four months before this happened—he was in the service for about a year, and during that time he bore a good character for honesty.
RUSH— GUILTY . Aged 19.— Confined One Tear.
CLARKE— GUILTY . Aged 25.— Confined One Tear.
HEWITT— NOT GUILTY .
MR. SHARP. conducted the Prosecution.
JOHN PIGGOTT . I live at Slough, in Buckinghamshire—I had a set of gigharness safe on 6th of September last. On 8th Dec. I accompanied Turton, a policeman, to the prisoner's house—I heard him ask the prisoner to let him look at his harness—he took us into the back kitchen where it was—Turton said to me, "Is that your harness?"—I said, "Yes"—he then said to the prisoner, "Where did you get that harness?"—he said he picked it up in the road—I lost it from a stable at Slough—the door of the stable was not locked—the stable was in the yard of the Reindeer inn—I cannot say when it was taken.
Cross-examined by MR. COOPER. Q. This man lives at Uxbridge? A. Yes—that is six miles from Slough—he deals in china—I did not know his father—I have not known the prisoner at all—he lives in a small house—I do not think there is a shop—I do not know if I lost a sack that same night.
JOSHUA TURTON . (policeman, T 93). In consequence of information I received, I got a search warrant, and accompanied the last witness to the prisoner's house—when I first saw him in the stable, I said to him, "I want to see the set of gig harness that you have for sale"—he says, "That is the only harness I have, that is old cart harness"—I said, "I have got a search warrant to search your house"—then he said, "I have got a set of gig harness in the kitchen"—I went to the back kitchen, and he showed it me—I said, "Is this the gig harness that you offered to Dobson for sale? how did you come by it?"—he said, "I found it in a bag in the Colebrook-road"—I produce the harness—the twits, the ✗s through which the reins go, were taken out.
Cross-examined. Q. You saw it plainly when you went in? A. Yes, it was hanging behind the door—Dobson is a fishmonger—I met him one night, and, from information I received, I asked him if he had not been to buy some harness, and he said, yes, and he was glad he had not bought it—the prisoner sells china, and travels about in a hone and cart—I never knew anything against his character—he goes through Colebrook and Slough, and along that way—Colebrook is about four miles from Slough.
JOHN PARKER . I am superintendent of police at Slough—I went with Turton to the prisoner's house—I heard Turtoo's evidence just now, and I confirm it, with this exception, that I understood him to say, "The harness which you offered for sale," not "have" for sale.
NOT GUILTY .
WILLIAM CRADDOCK . I live at Upton-place, near Stratford, in the parish of West Ham. At about 7 o'clock on 12th Dec., the prisoner came to my shop with two other persons—I saw one of the persons who were with him raise his finger and give the prisoner this drum of figs (produced)—the prisoner put it under his arm, and walked out—I ran across the road, and laid hold of him on the opposite side, with the drum of figs in his possession—the others ran away—he said, "For God's sake have mercy on me, and let me go, I did not take them"—the value of the figs is half a crown.
(The prisoner was further charged with having been before convicted.)
GUILTY. Aged 18.— Confined One Year.
Before Mr. Common Serjeant.
PLEADED GUILTY . * Aged 21. Confined Twelve Months.
(There was another indictment against the prisoner.)
MR. THOMPSON. conducted the Prosecution.
ISAAC BARNETT . I am a furniture dealer, of Woolwich. On 21st Nov. I purchased at a sale at the Tower, 200 linen mattresses—on Wednesday, 26th, I went to the docks to take them away; having sent a barge there, and loaded 200 into the barge, ten at a time—they were French hospital mattresses, a large blue check, but nine of them were a smaller check—the hair was long and soft, different to what canvas mattresses have—the barges were put into my son's custody, and on Thursday, 27th, I examined them at my premises, and there were only 192—I informed the police, and on 28th saw some hair at the station very like what I had missed, and the covering also.
DAVID BARNETT . I am the prosecutor's son. On 27th Nov., between 2 and 3 o'clock in the afternoon, I went down to Watergate-stairs; waited there, and saw the barge arrive—soon afterwards my father's horse and cart came down—I was not there the whole time that the barge was unloading—I went to my tea between 7 and 8 o'clock, and returned—I recollect a stranger coming to the barge—he said that he would help us, but was not employed—he remained about the place three quarters of an hour, or an hour.
SAMUEL WHITMAN . I live at Woolwich. I was engaged to unload the barge, and a man named Joe was employed to assist me—the prisoner came up, and asked me if I would employ him—I did not do so, not liking his appearance—later in the day, when we had got the last two loads he came back, brought up two or three of the last loads, and said, "I must help my mate, because it is getting late"—I do not know whether he is acquainted with Joe—Joe is not here.
Prisoner. Q. What time was it when you saw me first? A. About 4 o'clock in the afternoon—at 9 o'clock at night you brought two or three mattresses from the barge to the cart.
GEORGE LACY . I am a lighterman, of North Woolwich. On Thursday, 27th, I took charge of a barge laden with mattresses of the prosecutor's, and conducted it safely from the Victoria Docks to Watergate-stairs, Woolwich, where I gave it up to Mr. Barnett's son—I was there when the barge was loaded, and saw Mr. Barnett take an account.
SOPHIA TAYLOR . I am a general dealer in stores, of Union-buildings, Woolwich. On 27th Nov., between 7 and 8 o'clock in the evening, the prisoner came and asked me how much a pound I gave for horsehair?—I said, "4d."—he said that that would not do for him, he could get a better price somewhere else, and went away.
Prisoner. Q. Had I anything in my possession? A. No; you were between sober and drunk—I am sure it was before 8 o'clock.
JOHN LARKING . (policeman, R 192). On 28th Nov. I was on duty at Globe-fields, Woolwich. I received information, and went to a water closet at the back of Meeting-house-lane, and found a bundle of horsehair in a mattress, the ends of which were cut open—it was lying partly in the water closet and partly out—in about two minutes footsteps approached, and the prisoner came up, pulled out the hair, and was in the act of putting it on his back, when my brother constable, who was with me, apprehended him—I took the horsehair to the station—just before the prisoner came up he whistled three times—I know that it was the prisoner because there was no other person there—this is the mattress (produced).
Prisoner. Q. If there was nobody else there who did I whistle to? A.
I do not know; they must have been at a distance—I had seen you an hour previously, and cautioned you about making a disturbance—I did not know of the horsehair being there then—the place is not at the back of your house—you have to get over a fence to get there—you must have got over the fence; I had to get over, having come through the house in which you reside.
GEORGE COVILL . I went with the last witness to the water closet, and, after being there two or three minutes, we heard some one approaching; they stopped, and whistled three times, and the prisoner came up to the fence—I stood back, and he said, "Come on; what are you hanging back for?"—he came up to the water closet, took hold of the mattress, and drew it to the bottom of the court; he was in the act of putting it on his shoulder, when I went out and asked what he was doing—he said, "All right," and tried to appear very drunk; he had been drinking—he went very quietly till we got to the George and Dragon public house, where there were a great many Irish labourers, and said that he would go no further with me, but would put my head on the stones—I called a corporal of Artillery, who was passing, and he assisted me to take him.
Prisoner's Defence. I live at No. 20, Meeting-house-lane; there is a thoroughfare at the back leading into the yard, and I always go that way; this horsehair laid in the passage, which is a public thoroughfare for the three houses, and, being drunk, I kicked against it, and stooped down and catcheed it in my hands, and the policeman seized me; I might have been a perfect stranger.
(The prisoner was further charged with having been before convicted.)
JOHN NEWELL . (police sergeant, R 59). I produce a certificate—(Read: "Central Criminal Court, George Fraser, Convicted, Jan., 1852, of stealing 22lbs. horsehair, from a vessel, having been before convicted; Transported for seven years")—I was present—the prisoner is the person.
GUILTY. Aged 29.— Four Years Penal Servitude.
MR. ROBINSON. conducted the Prosecution.
On 3rd Nov., about 11 o'clock in the morning, the prisoner came, and gave me this letter—(Read: "Nov. 3rd, 1856. Sir,—I am sorry to trouble you; but will you have the kindness to lend my lad 10s., as I cannot get my draft changed here, as I want him to get home with his load, and I will call on you in the afternoon. I am, yours, etc., G. T. Duck, Fox Inn")—he told me that he wanted the money to go to Mr. Coles Child to get some cement, and I advanced him 10s.
THOMAS NORFOLK . On 4th Nov. the prisoner came to my brewery, and this letter was handed to me, in his presence—I was called into the counting house, looked at the prisoner, and told him I did not know him—he said that his father rented a house of mine at Bromley-common, and he and his brother lived in it, and his name was Green—I wrote on the letter a memorandum that he had had 30s. of me, and he signed his name to it, "George Green"—(Read: "Sir,—Will you have the kindness to let my son
have the sum of 1l. 10s., and I will call on you this evening, because he should not have to wait. James Green.")
JAMES GREEN . I rent a beer shop at Bromley-common, and know the prosecutor—this letter is not in my writing—I did not authorise the prisoner to write this in my behalf, or to borrow money of Mr. Norfolk.
JAMES LANGTON . I am a timber merchant, of Greenwich. On 18th Nov. the prisoner came, and brought me this letter (produced)—he said he wanted the money to pay for a load, and that he brought it from Mr. Ledger, of Hayes—(Read"Hayes, Nov. 18, 1856. Sir,—Will you have the kindness to let my apprentice have the sum of 2l., to finish paying for his load, that he should not have to wait for me. I am obliged to be in the City, and will call, and pay you for your kindness. William Ledger")—I knew Mr. Ledger very well—I let the prisoner have 2l. in consequence of his representation, and he signed this memorandum, "George Head," on the back of the letter.
WILLIAM LEDGER . I am a builder, of Hayes, in Kent. I have employed the prisoner's father, and know him—this letter is not my writing, nor did I authorise the prisoner to write it, or to borrow any money from Mr. Langton.
GUILTY . ** Aged 23.— Confined Twelve Month.
Before Michael Prendergast, Esq.
MR. THOMPSON. conducted the Prosecution.
JOHN NEWELL . (police sergeant, R 59). On 3rd Dec. I was passing a marine store shop in High-street, Woolwich, about half past 5 o'clock—I saw the prisoner in the shop, and a female—I went inside the shop—I saw the prisoner offering this cloak, and I went in and asked him where he got it from—he said, "I received it from my brother-in-law at the Cadets' barracks"—I said that was very strange—I then took him to the station—when the charge was read over, he said he received it from a man of the name of Brown—he did not say who Brown was, or where—the man, named Brown, may have been his brother-in-law, as he did not mention his name.
MARTHA BOOKER . I am wife of James Boorer—I keep a marine store shop in High-street, Woolwich. On 3rd Dec., the prisoner came to my shop at half past 11 o'clock in the morning—I bought a shirt and comforter of him then—he then said, "I have got a superfine coat, which my brother-in-law gave me, it is too fine for me, will you buy it?"—I said, "Yes"—he said perhaps he would bring it in the evening—I said, "If you do, bring it by daylight"—this cloak (produeed) is what he brought me—I said, "This is not a coat, but an officer's cloak"—the police constable then came in and took him.
JOHN BRAY . I am servant to the cadets at the barracks at Woolwich—this cloak is Mr. John Maunsell's—he is one of the cadets—there is his name on it—I saw it on 3rd Dec., in his bedroom, about half past 9 o'clock—I brushed it then—I do not know that it was given away by any one—I did not give it away—I am his servant—I saw it in the afternoon safe at about 2 or 3 o'clock—no man of the name of Etheridge, or of the name of Brown, had any authority to take it away.
(The prisoner's statement before the Magistrate was here read as follows: "A man, named Etheridge, who was. committed yesterday for trial (see page
197), gave me the cloak to go and sell, and Maid, if I sold it, he would give me a treat; he gave it me on the Wednesday night; he was a stranger to me, he gave it me a few paces from the shop.")
Prisoners Defence: It was given to me, but I cannot swear to the man who gave it to me.
GUILTY . Aged 38.— Confined Six Month.
(There was another indictment against the prisoner, upon which no evidence was offered. )
Before Michael Prcndergast, Esq.
MR. DOYLE. conducted the Prosecution.
SUSAN HATCHER . I am a widow, and live in Market-street, St. George's, Southwark. On the night of 29th Sept, at half past 6 o'clock, I looked up my house, and went to the Victoria Theatre—I saw the prisoner on my road; I had known him before—he sold pictures about—I had bought pictures of him—he said to me, "Where are you off to?"—I did not answer him at first, but a female that was with me said we were going to the Victoria Theatre—we returned when it was over; it may have been 1 o'clock, or a little after—I found a policeman in my house, which was open, and my drawers had all been disturbed—I missed two dresses, two shawls, two mantles, a clock, two blankets, and a great many other things—I have seen some of them since.
Prisoner. Q. Have you known me nine or ten years? A. Tee, by selling things—I have bought things of you by weekly payments—I heard there was a concert and ball got up to gather a little for this prosecution—I know nothing about their giving Stanley a sovereign—I heard there was a concert and ball to get a solicitor for the prosecution, and Mr. Roberts has been retained.
COURT. Q. How much was got by the concert and ball? A. That I do not know—I went down afterwards to Mr. Roberts—somebody went to him, and took him the money, and he said he could not get on without seeing me—a man who is now in gaol got up the concert and ball; his name is Cannister, I believe—he is in gaol for something that Bryan, the prisoner, has done against him; I believe for a robbery—it was he who got up the prosecution—my house is at the corner of the Borough-road and Market-street—I get my living by washing and cleaning.
Prisoner. Q. Have you got a girl named Milley living in one of your houses? A. Yes, she has assisted me since I have had a broken arm—I believe she sees one or two friends—I do not know that Peter M'Shee is one that comes to see her—I do not know whether, when you have put my name in the book, I have given the name of Seymour, but I have gone by that name—I did not wish my other name to be known—my maiden name was Susan Baker, by marriage I got the name of Hatcher—some might call me Seymour—I did not hear that you were the cause of transporting Stanley' husband—I heard that you put Cannister away—I do not know that Mr. Stanley kept a house opposite to me—I never saw the woman till this affair.
COURT. Q. Who brought you the information to go to Mr. Roberta's
A. Mr. Cannister, that is now in gaol—he was the treasurer for the ball—it was held at a beer shop, near Canterbury Hall, in the Westminster-road, just by the railway—I did not go to it, I knew of it—some young man told me of it—I do not know his name—I did not find out his name—he said there was to be a ball, and Mr. Cannister was there, as I had got a broken arm, and was not able to help myself—the ball was soon after the prisoner was committed, before I went before the Magistrate—it was Mr. Cannister that first informed me about Bryan having broken into my place—I did not give information to the police—Mr. Cannister told me that the prisoner was in custody—I went to the station, and saw him—I do not know whether it is for burglary that Cannister is in custody—he was taken up when he went down to the Court—on the night I went to the theatre, the prisoner asked me where I was going, and I saw him the next morning—he was in the habit of coming there every morning, but that morning he came rather earlier than usual, and he said to me, "How did you enjoy yourself last night?"—I told him I did not enjoy myself very well, but some person enjoyed themselves much better, by breaking into my place; his countenance changed, and he was confused, and I said, "I have a strong suspicion it was you"—he said, "You don't think it was me? I hope the person that done it will be punished, as you have a broken arm."
Prisoner. Q. What time was it I came down the next morning? A. Rather earlier than usual, about 10 o'clock—I did not meet you in the Borough—you had a lot of paintings with you—you did not meet me at half past 9 o'clock that morning—I had not been out of my place, I saw you in Market-street—I do not know M'Shee—I do not know Cannister.
MR. DOYLE. Q. Did you know of this ball before it took place? A. Yes, the party came and told me there was to be one—I did not get any money from it—Mr. Roberts attended at the police court; no, I beg pardon, I believe it was Mr. Solomon.
COURT. Q. You went to Mr. Solomon? A. Yes, and he appeared at the police court—I do not know of any other solicitor being employed—I have employed no solicitor but Mr. Solomon.
MR. DOYLE. Q. Did you see Mr. Neale about this? A. Yes; I did not instruct him to prosecute—he came to me and asked me how I was—I said, "Not very well"—he said, had I a case on?—I said, I had a case going on—he said, "Shall I do it for you?"—I said that I had no money—I put my mark to a paper—I do not know what it was—he did not read it to me—he did not say he came from Mr. Solomon.
CHARLES LEWIS . (police sergeant, L 76). On the night of 29th Sept. I was on duty in the Borough-road. I know the house of the prosecutrix—I examined her door at half past 10 o'clock, tried it with my hand, and found it was fastened—about 20 minutes past 12 o'clock I found the door open—about 20 minutes past 1 o'clock the prosecutrix and a female friend came home while I was standing at the door—I saw the place was in great confusion, and a quantity of property was missed—I think the house had been entered by a key—I saw no marks of violence.
Prisoner. Q. Did you see a man standing about the door at the time? A. I did not—I do not know that the prosecutrix has two houses, No. 4 and No. 1—I do not know Peter M'Shee, but about half past 12 o'clock a man came to the door while I was standing there—he said, "What is the matter here?"—I asked him what his business was—he said, "Has poor Mrs. Hatcher been robbed?"—I said, "I don't know"—he said, "Do you
want any one to take care of the place?"—I said, "No;" and I ordered him off—I understood afterwards that that was M'Shee—I heard from Mrs. Hatcher that you are acquainted with Hewlett, and I have heard that he has given some information.
COURT. to SUSAN HATCHER. Q. How came you to tell the policeman that? A. I heard that the prisoner had given information against some of the swell mob, and they got up this ball.
MARIA CLARK STANLEY . I am the wife of John Stanley, and live in Lansdown-place, Southwark. I have known the prisoner these five years—he came to my house, and two other men one morning—I do not remember on what morning—it is about six weeks ago—they came before 8 o'clock in the morning, and brought two parcels with them—I know one of the other men lives in Kent-street—I do not know his name—I think he went by the name of Dutchman—the prisoner and the other two men asked me to pawn some things—they all asked me—one, who was a dark man, spoke first—that was not the Dutchman—the dark man had one parcel, and the Dutchman had the other—the prisoner asked me to go and pledge the things—they all asked me—I think the dark man asked me first—the prisoner asked me to pledge the things for 30s.—the dark man asked me to pledge these things, and said he would give me a 1s. for doing so—I said I could not go myself, but I would fetch a woman—I fetched a woman that had two children, who went by the name of Ann Daniels—she came, and a parcel was given to her containing two shawls, a cloak, and two dresses—I cannot say who gave her the parcel—one parcel was larger than the other; they were divided, and the dark man packed them up—the prisoner did not take part in dividing them—I do not know the dark man's name—I do not know M'Shee—the Dutchman is not called so—I do not know whether the Dutchman still lives in Kent-street—I have not seen him since the prisoner was taken—Mrs. Daniels carried the bundle out, and I went with her to Mr. Adam's, a pawnbroker, in Bermondsey-street—I did not go in—she went in and left the bundle, and came out with 22s.—we came from Bermondsey-street up Kent-street, and saw the dark man and the Dutchman against the Rising Sun—my husband just, came out of the Rising Sun at the time the two men were there—the money was given to the two men—the prisoner came across the road with two pictures in his hand, and he and the two men went away together—I went home to my house, the two men and the prisoner came back to my house, and one of them, I do not remember which, said that they must have 30s.—I am sure the prisoner was there, and my husband was there—Mrs. Daniels then took the other parcel, and went out—she brought back 5s., and gave it to some one, I do not know to who.
COURT. Q. Had the prisoner the two pictures with him when he first came to your house with the other two men? A. Yes—I do not know who took the 5s., I was out in the yard when it was given—I have not heard that either of those other persons are in custody—I do not know what has become of them—I have never till this day said anything about the dark man and the Dutchman—when I went for Mrs. Daniels I left all the three men in my house. (The witness's deposition being read, stated: "The four men came again to my house, and said they must have 30s.; and I went over and asked Mrs. Daniels if she would pledge some more.")—there were only three men when they came to my house—the prisoner had his pictures in his hand—the other two men had each a bundle.
Prisoner. Q. Did you not live at No. 1, James-street, with a girl named
Flash Eamma? A. Yes; she lived up stairs, I lived down—I believe I was in Horsemonger-lane about eight months, on suspicion of a robbery by my husband.
COURT. Q. They did nofc take your husband, they took you? A. Yes; this prisoner lived with Flash Emma as his wife—I was living with my husband down stairs—he is a plasterer; and the girl the prisoner lived with, said, if she could not take my husband, she would fix on me—she thought my husband had robbed her—I was taken up three times in one week for that charge—they could not get my husband—I do not know where he is—I missed him three or four months—the Magistrate sent a policeman for the certificate of my marriage; he brought it, and I was discharged—it was three months before my husband came back to me—he is not with me now; he is in prison for passing forged notes—he was tried and convicted the sessions before last—I do not know who gave information against him; it is hard to say—I have been told the prisoner did—I heard there was a raffle in the Westminster-road somewhere at a beer shop—my husband was in prison at that time—I was not on the raffle card—I saw the raffle card—I do not know whether the raffle was to raise money for Mrs. Hatcher to prosecute—I went to the raffle—there was dancing there—I do not know whether there was a ball—I believe there was nothing raffled for—I do not know what—there were a great many there—Mrs. Hatcher, the prosecutrix, was there—there were some men there—the Dutchmcm was not there, nor the dark man—I do not know M'Shee—I have not heard of him till to-day—I do not know how many houses Mrs. Hatcher keeps; I know she has one—I do not know the number of it—I have never been in the house No. 4—I do not know how Mrs. Hatcher gets her living—I did not say before the Magistrate, that the prisoner was one of the men who carried these things—the prisoner lived with Flash Emma about two months—she had no other visiters at the house.
WILLIAM BUTCHER . I am an assistant to Mr. Adams, a pawnbroker, in Bernondsey-street. I produce two gowns, two scarfs, and a mantle, pawned on 30th Sept. for 1l. 2s.—I saw Mrs. Daniels at the police court—I could not say whether she pawned them or not—they were pawned by a female in the name of Daniels.
Prisoner's Defence. I know not how to make a defence; I have kept out of their company lately, and this is trumped up against me; two policemen met me, and said they had a charge against me, and would I mind their searching my place; I said "No;" they searched my place, and took me to the station, but said I was not wanted; this case is made up against me, because they think I caused this man to have four years; I wish to call Clark, M 108.
Prisoner. I told you I would meet you at the police court on Wednesday. Witness. Yes, and you did meet me there on the Wednesday afternoon—you have given information to me.
COURT. Q. Was Mrs. Hatcher there? A. She was there afterwards—on the
first examination the prisoner was to be liberated on he own recognizance, but Mrs. Hatcher came in, and another woman, and gave more evidence against him—Mrs. Hatcher has three or four bad houses.
MR. DOYLE. to JAKES CLARK. Q. Has the prisoner been intimate with these persons? A. Yes, but he has given information to the police—he sells pictures—I never knew him to be in custody but once, when he was discharged.
NOT GUILTY .
MR. PLATT. conducted the Prosecution.
PETER CONELAN . I live at Penge, in Surrey, and am a gardener. On 15th Nov., about half past 12 o'clock at night I was in Tooley-street—the prisoner came up to me—I am sure he is the man—he asked me for something to drink—I wished him to go away, but he would not—he kept staying about me; he followed me—he went away for a minute or two, and came up to me again in Tooley-street—he wanted me to give him something to drink—and another man came and joined him—I said, "Surely there is no public house open"—he said, "Yes, there is, I will find one"—he kept talking to me all the time, but I kept leering away from him—he walked more behind me than beside me—he was joined by the third party between the Town Hall and St. George's church—he said, "Surely you will give us something to drink?"—I told him there was no public house open—he said, "Yes, there is, if you will come with me, I shall find one"—he said, "Follow me"—and I followed him—he went down a court, and the man that had joined him kept behind-me, and the prisoner before me—when I entered the court, I said, "Surely there is no public house here?"—the prisoner said, "Yes, there is, I will find one"—he went on a little further—I thought I was in danger, but I thought the best way was to be as quiet as I could—the prisoner then knocked at the door of a house which appeared to me to be a private house—the door was opened, and the prisoner went in—he said, "Come on"—I went in, and the third man followed me—I gave the prisoner 1s. to get some gin, and some beer—the gin was brought in, and some was offered to me, and, from the scent, I thought it was a drug—it did not at all smell like gin—I did not take any of it—I put the beer to my lips, and tasted it, but did not like it—I did not take the gin or beer—they did not drink the beer or the gin in my presence—shortly afterwards there were twenty or thirty persons in the room—I went out of the house—my suspicion was raised, and I thought it better to leave—I left, and got a few yards from the house—I was walking on, the prisoner was close by, and there was one man slipped his hands over my head, and throttled me—I know that was not the prisoner—the prisoner was at my pocket—this was in the court, not far from the door—I might have got twenty or thirty yards—before I came out of the room I said, "I wish to go," and got off the seat that the prisoner had presented to me when I went in—some person in the house, not the prisoner, told me to stop longer—when they saw me determined to go the prisoner was close by the door—I do not know whether he opened it or not—I went out, the prisoner followed me, and the man that joined him, and two others—yes, there were four men—one was on each side of me—the prisoner was at my side, at my pocket—I am sure he was one of the men—he was rifling my pocket at the time the man seized me by the neck—and one of the men. kept hold of my other arm—the prisoner
laid hold of me—there was another man on the other side, and the man behind me that had his hand round my neck—he pressed me very tightly indeed—I could not call out—not a word—after being about my pockets, they immediately ran off in different directions—the prisoner was awere that I knew him before, so I kept by him—I stuck close by him—I called the police—the prisoner ran off, and I followed him; I laid hold of him, and kept him till a policeman came up—I did not lose sight of him—after they had gone I looked in my pocket, and missed two half crowns and 2s., and my neck handkerchief was taken away, and my umbrella and pocket handkerchief—these things were all safe after I left the house—the man that held me by the neck, and another man loosened the handkerchief from my neck—the policeman came up to me immediately—the house I was in was not a public house—it appeared quite private—the court is in Redcross-street, on the right hand side as you go from London Bridge—my proper side was the other side, but I went across with the prisoner—when the other man joined the prisoner it was not discretionary with me, it appeared quite compulsory—the turning we went in is not a cart way turning—the entrance is quite narrow, and the street is wider.
Cross-examined by MR. RIBTON. Q. Were you very drunk that night? A. No; not at all—during that evening I had drank some rum at a house in Tooley-street, just by the station—I do not know what time that was—it appeared I was spending the evening very comfortably—rum was the liquor I began with—I might have drank coffee before—I left Annerley nation at half past 7 o'clock, and got to London by 8 o'clock—it might be about half past 12 o'clock when I met the prisoner.
Q. How were you disposing of your time from 7 o'clock till half past 12 o'clock? A. That is my business; you have nothing to do with that—I came up to see a friend of mine—I do not know how long I was in the public house—it might be an hour after I arrived when I went into the public house—it would be impossible for me to say what time I left the public house—I went into the public house, and went back to the office to see my cousin—I was not aware what office he was in—I inquired, and they said they believed at so and so office—I went, but could not find him—I went back to the public house—I do not know how long I had left the public house before I met the prisoner—it was not immediately—it might have been an hour—I had two glasses of rum—I stopped a long while over one—after I left the public house I went to a place to get some refreshment—I did not fall asleep there—I was not in the house five minutes—it was in Tooley-street, in a coffee shop—I did not have anything there—I asked something of the waiter; he answered me in a very surly manner, and I came out—I mean to swear I only drank two glasses of rum—it was on Saturday night—I do not know what hour it was when I got to the strange house, where the twenty or thirty persons were—I never saw the prisoner before that night—when I came out of the strange house I had two half crowns and two shillings—the prisoner's hand was in my pocket, and another man's hand was in my pocket—the prisoner's hand was in the pocket where my money was—I do not know that I felt him withdraw the money—I did not feel my pocket just directly afterwards—I was rather in a curious situation—it was in Redcross-court—there was the prisoner on one side, another man opposite to him; the man that had got me by the neck, and the man that undid my handkerchief, and there were some more standing by, I do not know how many, looking on—I charged another man with this robbery, but when I charged him it was in the dark; he
was taken to the station, and discharged there; I could not swear to him; I had another man taken before the Magistrate—he came to hear the charge against the prisoner; I looked round, and said there was a man very like one—I would not take upon me to swear that was the man—I would not swear against him; he was in the Court—I said that I should be able to recognise the other three—I went to the street, met a man, gave him into custody, and he was discharged—I brought him to the station, and when he got there he declared he had nothing to do with it—I do not know that I heard him say anything in going along—I was walking close beside him—at the police court I charged another man—the Magistrate wished me to look round, and see if I could pick out any; I looked round, and said, "There is a man very like him"—from his whiskers being shaved off and from his coat I thought he was the man, but he was not taken into custody—I come to London to see my cousin—I went after this to stop with my cousin in the Kent-road—I believe there was a gas in the court where I was robbed—I mean to swear I did not lose sight of the prisoner—the men all took different directions—I, knowing the prisoner better than the others, said I should stick by him from the treatment I got—he treated me very badly—if they had kept me in that position I should have lost my life.
COURT. Q. What time did you get to town? A. About 8 o'clock—I had a friend, and he left me, and after that I went to the public house—I did not see the prisoner till he met me in Tooley-street—I was in the public house till it closed—I was standing just in the house, I did not sit down—I was turned out when they closed—that was at 12 o'clock—I then went to the coffee shop—I do not know the sign of the public house; if I went to Tooley-street I should be able to recognise the house—I expected to find my cousin at the station, but I thought some of the porters might be coming into the public house—I did not inquire for him in the public house—I knew my cousin's address in the Old Kent-road—my cousin is in some receiving office—the inspector knows him very well—his name is Hoay—I am sure I never swore to those other two persons at all.
JOHN ENGLAND . (policeman, A 468). On that Sunday morning, 20 minutes before 3 o'clock, I heard a cry of "Stop thief!" in High-street, Borough; it appeared to be at the back of the Town Hall—there is a turning there called Golden Last-alley, which leads by the back of the Borough Market into High-street—Redcross-court is further up High-street—when I heard that cry I saw the prisoner running from Golden Last-alley.
COURT. to PETER CONELAN. Q. You told us this house was in Redcross-court? A. Yes; I was robbed in that street; it is between the Town Hall and St. George's church—I did not see the prisoner come out of any court into the Borough.
JOHN ENGLAND . re-examined. On hearing the cry I saw the prisoner running from Golden Last-alley, and the last witness was running after him—he was close upon him—from Golden Last-alley a person might get straight to Redcross-street—you must come out of Redcross-court into High-street, and then into this court—the prosecutor laid hold of the prisoner in my presence, gave him into my custody, and charged him with robbing him of 7s., a neck muffler, an alpaca umbrella, and a pocket handkerchief—I found on the prisoner at the station 6d., and an old fork.
Cross-examined. Q. Do you know Redcross-court? A. Yes—to get from there into Golden Last-alley, you would have to go into Redcross-street,
and then into Union-street, and that would bring you back to High-street.
COURT. Q. Can you go from Redcross-street to Union-street? A. Yes, and then into the Borough, and coming down High-street, you can go into Golden Last-alley—the prosecutor did not take me to the spot—he seemed very much frightened, and complained that he had been very much hurt—he might have been drinking, I thought I could smell it—I am sure the prisoner ran—I saw him.
Cross-examined. Q. Was the prisoner sober? A. Yes, quite sober—I was with him till the charge was entered.
COURT. to PETER CONELAN. Q. Were you robbed in the same street in which the house was? A. Yes—I ran after the prisoner—I do not know whether I got into the Borough or any other place, but when he ran I followed him, and kept very close to him—the Town Hall comes full with the Borough—the prisoner ran on one side, and ran up a passage—I ran and caught him in that passage—that might be the place the policeman might mean.
(The prisoner was further charged with having been before convicted.)
CHARLES BEAD . I produce a certificate of the prisoner's former conviction—(Read:" Central Criminal Court; Convicted, Feb., 1851, of an assault, with intent to rob; Confined nine months")—I was a constable at that time—the prisoner is the man.
GUILTY. Aged 22.— Transported for Fifteen Years.
PLEADED GUILTY . Aged 18.— Confined Six Months.
PLEADED GUILTY . Aged 63.— Four Years Penal Servitude.
PLEADED GUILTY . Aged 19.— Confined Four Months.
ELLIOTT PLEADED GUILTY . Aged 24.— Confined Six Months.
POWELL PLEADED GUILTY . Aged 40.— Confined Four Months.
PLEADED GUILTY . Aged 42.— Confined Nine Months.
MESSRS. CLERK. and DOYLE. conducted the Prosecution.
HENRY CARLINE . I keep the Monument public house, in New-street, Southwark. On 7th Nov. the prisoner came for half a quartern of gin, and tendered a shilling—I saw it was bad, put it in the tester, and broke it—I asked him where he got it from—he said a gentleman gave it him for carrying a parcel—I gave it to the officer.
of gin in a bottle—he gave me a counterfeit shilling—I gave it to my uncle, he tried it in my presence—he asked the prisoner where he got it—he said a gentleman gave it him on the previous evening for carrying a parcel—my uncle called a constable, and gave the prisoner into custody, and gave him the shilling.
LOTT SAWYER . (policeman, M 175). I was sent for to the last witness's house, on 17th Nov.—I took the prisoner, and received this shilling, which I produce—I searched the prisoner, and found nothing at all on him—I felt in his hind pocket, and he made answer, "It is no use searching there; I am too wide awake to have more than one piece on me."
GUILTY . Aged 17.— Confined Six Months.
MESSES. CLERK. and DOYLE. conducted the Prosecution.
LETITIA MARY ABBOTT . I am the wife of Thomas Abbott, who keeps the Queen Victoria, in Blue Anchor-road, Bermondsey. On 21st Nov. the two prisoners came in at a little after 3 o'clock—they asked for half a quartern of gin and cloves—they gave me a half crown—I gave them in change a shilling, two sixpences, and 4d. in halfpence—Lake then asked me for two sixpences for the shilling I had given—he gave me a shilling—I said it was not the one which I gave him—he said it was—I had not seen him take the money off the counter—it appeared to me to lay on the counter—I believe the shilling I gave him was a good one—I had no bad money—I put the shilling that he gave me on a shelf in the bar—the shilling I gave him I took out of the till—I had taken all the money that was taken that day—I had not taken any had money—I am a very good judge of it.
COURT. Q. Have you never taken bad money? A. Yes, there has been bad money taken in business, but not in this new house—we have only been there one month.
MR. DOYLE. Q. Did you look at the money which you gave him? A. Yes, I believe it was all good, because the bad one I detected immediately—the shilling that he gave me I gave to the officer Clark—when he gave it me I said it was not the one I gave him—he said it was—I had my doubts, but I gave him two sixpences—I knew the shilling was bad before I gave the sixpences—I sent two gentlemen, and they followed the prisoners.
Williams. She first said it was me that passed the money, and she afterwards said it was this man. Witness. I did not—the other man was there at the time.
MATILDA BANNISTER . My husband keeps the John Bull, in Blue Anchor-road. On 21st Nov., the two prisoners came to my house about half past 3 o'clock—it would take about five minutes to walk from Mrs. Abbott's to my house—Lake called for half a quartern of gin and cloves—they both drank it—they gave me in payment a half crown—I gave them a 2s. piece and 4d. in copper—they wished me to change the 2s. piece for two shillings—I gave them two shillings, which I took out of the till—I have every reason to believe they were good—I feel convinced that they were—I do not think they took up the two shillings—I put them on the counter—Lake then asked for two sixpences for a shilling—I gave him two sixpences, and took
up the shilling that was nearest to me—I had it in my hand, and gave him the two sixpences—I cannot say how near the shilling I took up was to where Lake was standing—he could reach it—they were standing at the bar—I took the sixpences out of the till before I took up the shilling—at the time I opened the drawer, I was looking in the drawer for what I wanted—my attention was not then on the prisoners—I cannot tell whether anything was done—I think it could have been done without my seeing it—I put the two sixpences on the counter—Lake took them up, and the prisoners went out as quick as possible—I had got the shilling in my hand—I was talking to a gentleman in front of the bar, and when I had done talking, I looked and said, "They have given me a bad shilling"—I put it on a shelf where I had no other money—I gave it to the constable about an hour afterwards.
GEORGE SQUIRES . I am a butcher, and live at Victoriaterrace. On 21st Nov., the prisoner Williams came to my shop between 3 and 4 o'clock in the afternoon—he asked if I would oblige him with half a crown for small money—I gave it him for small silver—I cannot remember whether it was shillings or sixpences—when I had done that, he asked me to change two more—I did so, and received some shillings and sixpences both—I had then given three half crowns for small silver—the money he gave me was all good—he said the reason he wanted to change was, that a man over the way was drunk, and he wished to give him his money large that he might not spend it.
Williams. I said I wanted the money large, because I was not drinking. Witness. No, never such a thing; you saw me looking at the money, and you said, "See that it is all good before I go"—you said you had a bad 4d. piece last week, and you offered it to some one, and when they told you it was bad, they might have knocked you down with a feather.
WILLIAM CLARK . (policeman, M 217). I received information about the prisoners on the night of the 21st Nov.—I first saw them about 5 o'clock in Rotherhithe New-road, which is a quarter of a mile from Blue Anchor-road—I took them into custody, and told them it was for passing bad money—I took them to the John Bull—I had before mentioned that house to them, and they said they did not know the house, and it was not them—I took them to the station, and searched them—I found two half crowns, two sixpences, and 19d. in halfpence, on Williams—the other officer searched Lake, and 7 1/2 d. was found on him—Lake pretended to be drunk, but we were all of opinion it was a great part pretence—I should say he was not drunk, but he was affected by drink.
Williams's Defence. I did not want to have anything, but this man would have something, and when he came out he would have my small money for these half crowns; I can give a good account of that money; I had the pawn ticket to show what money I had; my wife and children are starving at home, while they are away from me.
LAKE— GUILTY . Aged 51.— Confined Nine Months.
WILLIAMS— GUILTY . Aged 31.— Confined Six Months.
MESSRS. CLERK. and DOYLE. conducted the Prosecution.
her; she gave me a half crown—I gave her a new shilling, a battered six-pence, and two 4d. pieces—I opened the till, there was no silver—I put the half crown in the till, and went to the back of the shop and cot a bag of silver, and gave change—I had put the half crown in the till, where there was nothing but copper—the prisoner's companion asked for some candles, and she gave me a 2s. piece—I said, "I don't like this"—the prisoner was then gone—when I detected the 2s. piece was bad, I looked and found the half crown was bad—I took it out of the till and laid it on the slab—I afterwards gave it to Clark, the officer—the florin was taken away by the person who presented it.
Cross-examined by MR. PHILLIPS. Q. What time was it? A. Between 4 and 5 o'clock—I knew the prisoner, she did not live a stone's throw from me—there were no other persons in my shop but one—I knew the other party—I gave information to the police.
THOMAS RAWLINGS . I keep a general shop in Church-street, Blackfriars. On 8th Dec., the prisoner came to my shop about half past 9 o'clock in the evening, for a half quartern loaf, and a rasher of bacon—they came to 6 1/2 d.; she tendered a 2s. piece to my wife—she put it in the till, but it did not remain there two minutes; she took it out and gave it to me—it was bad—the prisoner was then gone—I went and fetched her beck, when she had got about half a dozen doors from my shop—I said, "You have given me a bad 2s. piece"—she told me Mr. Jackson, a marine store dealer, had sent her, and she told me where he lived—I went with the officer to Holland-street, where Jackson lives—I saw Jackson, and he denied her—the prisoner was not present, she was left in my house while we went to Jackson's—I gave the prisoner into custody, and gave the florin to the officer.
Cross-examined. Q. Had you examined the till before? A. Yes, not five minutes before, there was no florin there, only shillings and sixpences.
——RAWLINQS. I recollect the prisoner coming to my house on 8th Dec.—she gave me a 2s. piece; I placed it in the corner of the till—I am quite certain there was no other 2s. piece there—I gave the prisoner change, and she left, and she said she would come back in two minutes, if I would weigh her some tea and sugar—after she was gone I opened the till and took out the 2s. piece, and gave it to my husband.
GEORGE HOLMES . (policeman, M 233). I produce this florin, which I received from Mr. Rawlings—the prisoner was given into my custody; I took her to the station—she said Mr. Jackson, the marine store dealer, in Holland-street, gave her the florin.
NOT GUILTY .
Before Mr. Justice Crowder.
MR. W. J. PAYNE. conducted the Prosecution.
PATRICK GRIFFIN . I am a labourer, and live at No. 6, Black Jackalley, East Smithfield—I knew the two Burchells—on the night of 25th Oct I went to Richard Burchell's house about half past 7 o'clock in the evening—my brother John was with me—I had been drinking—I think I had had about a pot of beer—when I got to Richard Burchell's house the door was shut—I had seen Richard Burchell once, and Abraham Burchell a good many times—I had never seen Ryan—I had no dispute or quarrel with the Burchells—I asked if Dick Burchell was at home—no answer was given—I said it was a great shame to use a little boy as he had used my brother—I said that out loud—I got no answer—I went to a beer shop, and stopped away a quarter of an hour—I came back, and asked if he was within—I got no answer—I went down to where my brother lodges—we came back, and my brother turned down a small gate into the front yard of Burchell's house—he went up and got hold of the latch of the door and gave the door a kick with his foot—I went up to try to get my brother away from the door, and then I received a blow on the eye—it appeared to me to be with a brick or a hammer—the door was not opened, but Dick Burchell did it—I saw it in his hand—I fell down to the ground, and was a good bit down before I came to my senses—I cannot tell whether there were persons standing round me—I had not my senses—I was lying on my back—after the blow which brought me to the ground, somebody, I cannot say who, kicked me in the bowels, and in the side—I put my hand out and round a person's legs, and then felt a blow with a knife in my left side; I heard the knife spring shut—I got a second stab further down on the same side—I hallooed out "Police!" once or twice—I got no assistance—I could not see the wound—the man's face was turned from me—I saw his hand and arm—I could not tell whether it was the arm of the man whose legs I had got hold of—I found myself in the hospital, and was there five weeks and three days—I did not do anything to either of the Burchells—I did not kick at his door—I cannot tell where Abraham Burcliell was at the time I was stabbed; I did not see him—I cannot tell whether there was more than one person standing round me, the only person that I saw was the one who struck me with the brick or hammer.
Cross-examined by MR. LILLEY. Q. How old is your brother John? A. About twenty or twenty-one—I was not the worse for liquor—I might shout and halloo—I said I would have my revenge on Dick Burchell's; I might have said it more than once or twice—before I went to Burchell's I went to my brother's house—I was there about ten minutes—this was between 8 and 9 o'clock—I did not look at the clock—I got there about half past 7 o'clock, and left in about ten minutes to go to Burchell's—I went and knocked, and no one answered—I went to a beer shop; I said there I would have iny revenge on Dick Burchell—I made no shouting there—I did not hear him come out and call the policeman to remove me—the policeman told me to go home; that was after I had been crying out that I would have my revenge—I am sure I do not know how the policeman came to be there—I did not hear anybody call for a policeman.
Q. You say Burchell struck you in your eye; did you ever say that before? A. Yes, I said it before the Magistrate—my brother was lodging with a man named Owen Monaghan.
Q. Before you went to Burchell's did you not go to Owen Monaghan and say you would have your revenge on Burchell? A. I know nothing of it, Sir, he did not beg me not to go—I did not say I would rip up Dick Burchell.
COURT. Q. You have told us you were struck in the eye with a hammer or brick, and you said it was Dick Burchell; and you said before, that you
did not know who did it? A. No; I told who hit me with the brick—he held it in his hand—I know who struck me, but I do not know who stabbed me
MR. LILLEY. Q. When you went in this front garden, was there not a number of persons there? A. I saw no more than Dick Burchell—I did not see any other person—there might be persons outside the rails after I was struck, but not before—when I went in the gate I did not see any person besides my brother and Dick Burchell—I did not see Dick Burchell come out; he must have been out.
JOHN DOHERTY . I live at No. 7, Thomas's-place. On the night that this occurred, I saw Patrick Griffin and bis brother—they went to the public house—about 9 o'clock they were at Mr. Burohell's garden gate—the police constable was there—they wanted to go in—Mr. Burchell was in the garden—the constable drove them away, and then Mr. Burchell went into his house—the Griffins went to the public house and then to Monaghan's, and then to Burchell's again—they both kicked at the door, they had gone through the garden just before—I did not hear them say anything—when they kicked, Dick Burchell came out and knocked Patrick Griffin down—I did not see what with, but he fell down—then John Griffin went to his brother's assistance, and then Abraham Burchell and Ryan came out of the house—Richard Burchell was then leaning over Patrick Griffin—he had got him out of the gate—he leaned one hand on the fence and was standing over Patrick Gran, and then Abraham Burchell began to kick Patrick Griffin—I did not see Ryan do anything—Patrick Griffin was lying on the ground, he did not move—he seemed as if he was dead—I did not see any blood then—it was after all the three had gone in doors and Patrick Griffin was lying on the ground that I saw the blood in the garden, where Patrick Griffin was lying—the blood seemed to be close to his arm, on the left side—I do not know that his eye bled—no one had kicked him but Dick Burchell and Abraham—some gentlemen came, and he was taken to a doctor—I did not see Patrick Griffin do anything except kick the door.
Cross-examined. Q. Did they seem drunk or sober? A. They had taken something—they seemed to have had more than was good for them—when I first saw them, it was about ten minutes before 9 o'clock—the policeman sent them away—they went to the beer shop, and then came back and began kicking the door—there were several persons there—there were none inside the gate, they were all outside—the front garden is small—the gate mostly stands open—it was dark, I could not see very well—there were a great many persons—I saw some other persons come out of the house besides the Burchells and Ryan—about three more persons came out, and they pulled Mr. Burchell in—I saw the door open, and Richard Burchell come out—Patrick and John Griffin did not run up to him—Patrick Griffin was close to the door, John Griffin was about two yards behind—when the door was open, Dick Burchell struck Patrick Griffin, and he fell down over him—when the others came out, John Griffin was knocked down too—both Patrick and John Griffin were very noisy.
MR. W. J. PAYNE. Q. At the time the persons came out to pull Dick Burchell away, were there any persons in the garden besides the two Burchells and the Griffins and Ryan? A. No.
JOHN GRIFFIN . I am the brother of Patrick Griffin. On Saturday night, 25th Oct., I saw my brother about half past 6 o'clock—we went to Burchell's about half past 7, that was the first time we went there—I asked who was inside—I got no answer, and we went away to Mr. Monaghan's house,
where I was lodging—from there, we went to a public house, returned to Burchell's house somewhere about half past 8 o'clock—we went into the yard—I went to the door, and asked Burchell if he was inside—I knocked at the door, and said that I had my brother there, who would take my part—Burchell had beaten me about five weeks before—(I was in a public house when I first saw my brother—he came in to me)—I asked who was inside, and Dick Burchell came out—a policeman was there, and Dick Burchell told him to take us into custody—the policeman went away, and I went into the garden again, went to the door, and put my hand on the door and gave it a kick—I asked Dick Burchell to come out—he came out with a brick, and knocked me in the eye—he knocked me flat on my back with the brick—I did not see him strike my brother—while I was down, Abraham Burchell came and kicked me—I do not know where my brother was at that time, but I am sure I received the blow in my eye and Abraham kicked me—after I got up, Burchell's wife from inside screeched out, "Stick him!—I got up, and heard cries of "Murder!"—that was about three minutes after I got up—when I heard that, I looked after my brother, and he was on the ground, half in and half out of the garden—I thought he was dead, and fell upon him and kissed him—I was taken to a doctor—I did not see my brother take hold of either of the Burchells—he said he would not go home till he had paid him for beating me.
Cross-examined. Q. You were rather drunk? A. No, I had taken but four pots of beer between five of us—I am sure I had not taken more—my brother was soberer than I was—we went to Burchell's house because he had assaulted me before—my brother said he would not go before he paid him—he said so twice—the policeman told us to go away—I went a small bit away, and then returned—I suppose both I and my brother were to pay Dick Burchell—my brother took his coat off the first time, and put it on again—I did not see him take his coat off and put a handkerchief round his waist—I did not see my brother lay hold of Burchell—I was nearest to Burchell when the door was opened, and Burchell struck me first—I said at the police court that Burchell's wife shrieked out, "Stick him!" and the paper says so.
GEORGE ASH . I am fifteen years old. On Saturday night, 25th Oct., I was in Thomas-place, next door to where Dick Burchell lives—the first I saw was a row in the public house, about half past eight o'clock—the Burchells were not in the row, only the two Griffins—I did not stop to see them leave—I left them there—the next time I saw them they were in the garden, both lying down—that was about 9 o'clock—there was a great crowd outside—I saw Dick Burchell hit Pat Griffin over the nose with the bellows when he was lying down, and I saw him kicking and punching him—I also saw Ryan kicking and punching Pat Griffin—I saw Abraham Burchell, he was kicking and punching John Griffin against the palings—I did not see Abraham Burchell kick and punch Pat Griffin—I did not see Burchell go in doors—I left, and did not see them again till the policeman came and knocked, and took them into custody—the Griffins seemed to be drunk—they were about half drunk when they were in the public house.
Cross-examined. Q. Did you hear them going from the public house to Burchell's? A. No, I left and went to my work—I did not see the Griffins again till they were down in the garden—there were a good many persons outside, but not in the front court.
8 o'clock—I heard Patrick Griffin hallooing, but I could not understand what he said—he said he wanted to see Richard Burchell—I was at my street door, which is next door to Burchell's—I heard the Griffins call to Richard Burchell to come out, and Patrick Griffin pulled off his coat to fight—some person came out and said, "Put it on," and he put it on again—he went away, and in a few minutes came back again—Burchell was at home, and he told the policeman to take him away—the policeman took him away towards the Grange-road—he persuaded them to go away—they went a little way, but came back again about ten minutes afterwards—it was then just upon 9 o'clock—when they got to Burchelll's the last time John Griffin ran in and kicked at the door, and called Burchell to come out—Patrick Griffin was at the gate—the door was opened, and Mr. Burchell came out and was struggling with John Griffin and Patrick Griffin, who had gone to help his brother, and Mr. Burchell picked up a brick and threw it at them—he seemed to me as though he threw it—I could not be quite certain about it, being dark, I could not see—I could not see who he struck, they were both close together—Mr. Burchell caught hold of John Griffin to pull him towards the door of the house, and Patrick went to catch hold of him to pull him apart again, and they all three fell together—I heard the people at the next door call out, "Murder!"—as soon as they fell, Abraham Burchell and three or four persons came out of the house—I did not notice Ryan—at that time the Griffins were on the ground—I cannot say what the three or four persons did—they came up to them—they were all close together—the next thing I saw was some of those three or four pulled Richard Burchell away and took him in doors—I saw Patrick Griffin then—he was lying on the ground, and appeared to me to be dead—he was insensible—he had called out before, "I am a murdered man!"—I did not see any blood that night, I did the next morning.
Cross-examined. Q. Were you at your door all the time? A. Yes, from the door to the window—the garden is not very small—it is about eight or ten yards—I was standing at my door, and there is a low fence between—it might be about eight yards from me to where those men were—it was cross-ways of the garden—I heard the Griffins hallooing and shouting, I thought they seemed rather intoxicated—there were many persons there—at the last there were some persons inside the garden gate, where they were on the ground—when the people cried "Murder!" a great many persons ran—there were not people inside the gate before the cry of "Murder!"
COURT. Q. You saw several come out of the house; how many persons might you see before there was a cry of "Murder!"? A. No person came out before the cry—when there was a cry of "Murder!" they all ran out of the house—it was after that that I heard Patrick Griffin say he was a murdered man.
WILLIAM HOWLAND . (police sergeant, M 19). I produce this large clasp knife, which I found on the first floor at No. 5, Thomas's-place, Bermondsey, where Richard Burchell lives—I found it about half past 10 o'clock at night, on 25th Oct.—there was a spot of blood on the handle of it.
Cross-examined. Q. Are you on the beat where that house is? A. No—I do not know that several persons lodge in that house—I found two or three females there, and one young man—they were strangers to me—I believe Richard Burchell has a wife—the spot of blood on the knife appeared to be dry; it had dried on—it did not appear to have been wiped—the blade appeared clean—there were two or three other knives in the house, but they were table knives.
EDWARD WILLIAM VALENTINE . I was at that time house surgeon of Guy's Hospital. On 25th Oct. Patrick Griffin was brought to the hospital, between half past 10 and 11 o'clock at night—he appeared to be insensible—on removing his clothes, I found a wound on the left side, between the eighth and ninth ribs—I did not probe it—it was about an inch in length—there was no doubt it had penetrated the stomach, as there was food around the flannel which he wore, next to the wound, and he vomited a little fluid about 4 o'clock in the morning, which was another symptom that the wound had penetrated the stomach—he lay in a very dangerous state for some time, but he is now apparently well—he had but one wound, but was in great danger for some time—it was doubtful whether he would recover—this knife was shown to me on the Sunday morning—it is just such a knife as might produce the wound—the wound was perhaps a little wider than the knife—I saw a cut in his coat, which appeared to correspond with the knife.
JOHN REED . (police inspector). I took the charge—when the prisoners were brought in they gave their address, at Thomas's place, Grange-road, Bermondsey—that is the place where the knife was found—they all gave the same address—they were told what they were charged with—Abraham Burchell said, "I struck him."
NOT GUILTY .
Before Mr. Justice Crompton.
MESSRS. SLEIGH. and POLAND. conducted the Prosecution.
GEORGE EVANS . I am a sailor. Last Thursday night week I was at a house in a street near Tooley-street, sleeping with the prisoner, somewhere between 11 or 12 o'clock—while we were in bed the deceased Cox came into the room, and began abusing the prisoner—she called her a nasty, dirty, stinking thing—after a little while they went out of the room together—they were both in liquor—I heard them jawing—in about two minutes the prisoner came back, and remained with me the rest of the night—Cox afterwards came into the room with two policemen, and took the prisoner into custody.
Cross-examined by MR. LILLET. Q. How long after you had been in bed did the deceased come into room? A. About a quarter of an hour—the door was shut—she burst it open violently, and ran towards the bed, and struck the prisoner three times—I believe she had a candle and candlestick in her hand—she struck her quickly, somewhere about the side of the head—I cannot say what with—it appeared to me to be with her hand—the prisoner on that jumped out of bed, and followed Cox out of the room, and then I heard the jawming down stairs—it might have been about 3 o'clock that Cox came with the policemen; her head was bound up then—both she and the prisoner were a good deal in liquor, not dead drunk, they could stand; they were what I call rambling drunk.
ELIZABETH BRAYFIELD . I live at No. 20, Unicorn-square, Tooley-street, in the same house with prisoner and deceased—the deceased's name was Mary Ann Warren, she was generally called Mrs. Cox—on the night in question I was in the back room up stairs, and, hearing a noise, went into the front room—I there found the prisoner and Evans in bed, and Cox was in the room—she had burst the door open—I heard her speak angrily to to the prisoner, but did not hear what she said—the prisoner made no reply—Cox
then struck her, and laid hold of her hair—I parted them—Cox then went down stairs, and the prisoner after her, and I could hear a row down stairs—about twenty minutes afterwards, I went down—the prisoner returned up stairs—I saw Cox with blood, on her head and neck—it was not much—I called Mrs. Grady to assist, and she was taken to the hospital.
Cross-examined. Q. Had the prisoner and deceased been on good terms before this? A. Sometimes—I had been friendly with both of them—I am sure of that.
ELEANOR JENKINS . I live at No. 20, Unicorn-square. On the night in question I was in bed in the bottom room, and heard Mrs. Cox kicking up a row at the prisoner's door—I called to her, and told her not to kick up a row—I then heard the door burst in—Cox afterwards came down, and the prisoner followed her, and I saw her hit Cox on the head with a glass—I did not see the glass till it went on her head in pieces—it was a beer glass, with a foot to it—it was a violent blow, it broke the glass all to pieces, and Cox's head was streaming with blood directly—she screamed out for help to take her to the hospital—the prisoner went up stairs, and went to bed again.
Cross-examined. Q. I believe you were unable to leave your room? A. I have not been out of my room for seven years—this happened in my room, close alongside my bed—the glass was one used by the prisoner in her room—she did not throw the glass at her, she struck her with it—it was only one blow—they were close together—I had a candle at the top of my bedstead.
MARGARET GRADY . I live in Unicorn-square. On the night in question I was sent for, and found the deceased standing in the bottom room of No. 20, bleeding, and some pieces of broken glass on the floor—they formed part of a tumbler—I assisted in taking her to the infirmary, and saw her wound dressed, and two or three pieces of glass taken from it.
JAMES MAC INTOSH . (police inspector, M). On Wednesday morning I sew the deceased lying in the workhouse; in consequence of what she said I went to the station, and found the prisoner there in custody—I said, "I have been to the workhouse and seen the woman Cox; I believe she is dying; I am told you struck her with a glass"—she said, "I did, and I am very sorry for it; but she was drunk, and I was drank; she rushed in at the door and struck me when I was in bed; I got up, and followed her down stairs, and struck her with a glass; but I would sooner take my own life than take hers"—on the 11th I went to Horsemonger-lane gaol, and told her, that Cox was dead—she said, "I am sorry for it, I never intended to hurt her."
THOMAS GARDNER . (police sergeant, M 20). I took the prisoner into custody on the night of the 9th, in Tooley-street. I told her it was for violently assaulting Ann Cox, otherwise Warren, on the Thursday night previous, at No. 20, Unicorn-square—she said nothing then; but, on the road to the station, she said she was very sorry for what had occurred, she did strike her on the head with a glass; she was drunk at the time; the other had struck her first, and called her a b——sod—she said they had had high words—she did not mean to hurt her.
JAMES MAC INTOSH . I am an M. D. and medical officer of St. Olave's Union. On the morning of 9th Nov. I was sent for, and saw the deceased Cox at No. 20, Unicorn-square; she was in bed; she had received a wound in the upper and back part of the right side of the head—it was a deep seated wound, extending to the bone—I should say it was such a wound as might have been inflicted with a glass with a stem to it—I caused her to, be removed to the infirmary that same day—I should say the wound must
have happened some days before I saw her—when I first examined it there was a poultice on it, the skull was fractured—another medical gentleman examined her with me—the operation of trephining was performed, that is, raising the fractured part of the skull so as to remove the pressure from the brain—she was suffering under symptoms of compression of the brain—she died at 8 o'clock the following morning—in my judgment, the fracture and the wound was the cause of her death.
Cross-examined. Q. Do you say that in your judgment the wound had been received several days before you saw her? A. Yes; she had been treated in the meanwhile, I understand—at the time I saw her she was in a very low typhoid state—I should say that habitual drunkenness would have a tendency to produce that state, and to aggravate the symptoms—I have no doubt she died from the wound and the fracture.
GUILTY . Aged 22.— Confined Six Months.
178. CHARLOTTE RODENBOSH , feloniously administering to a certain male child, aged six months, born of her body, certain poison, viz., oil of turpentine, with intent to murder:—Other COUNTS, with intent to do grievous bodily harm.
MR. PAYNE. conducted the Prosecution.
MARY KEELE . I am a widow, and live at Littleworth-end, Mortlake. I know the prisoner—in the beginning of Dec., I had a male child of hers in my care—it was about five months old when I first had it, and I had it eight or nine weeks—it was a delicate child—the prisoner was wet nurse at Mr. Carless's, at Richmond—I have a daughter living there—the prisoner told me, when she placed the child with me, that it was her own, and she wished to change it for the benefit of its health—she did not say whether she had a husband or no—she said the father of the child was a German, and had gone back to Germany—it was called Henry Robert—she used to come to see the child; generally on a Sunday—to all appearance she behaved very kindly to it—on Tuesday, 2nd Dec., she came between 2 and 3 o'clock—she said she had been after a situation in London—the baby was then lying in a little cot near the fire—she took the baby up—I had to go up stairs—I left no one there but the prisoner and the baby—there was no one else rending in the house—when I had been up stairs some minutes I heard the baby coughing very much—I came down stairs to receive a letter from a servant of Mies King's—I then went up again—I heard the baby coughing very violently when I was up stairs again, and I came down a second time to see what was the matter—I took it out of the prisoner's arm—she took it again instantly out of my arms, and hushed it, got it quiet, and laid it down in the cot again—when I took the infant I perceived a smell of turpentine, and I said to the prisoner, "What a strong smell there is of turpentine"—she said she thought the young woman that brought the letter might have brought it in—this was about twenty minutes after that—I did not smell any smell of turpentine when I came down to take the letter from the young woman—I had no turpentine in the house—the prisoner went away in about a quarter of an hour after she had taken the child from me—I was in the room when she went away—I had been up stairs again for about two minutes; she wished me good bye in a great hurry, as if she was flurried—the child was then in its cot, apparently asleep—about five minutes afterwards I went to the child, and took it out of the cot; its appearance very much frightened me, its little eyes were fixed, and its mouth foaming as if he was going into convulsions—it was sick; that must have saved its life—what it threw up smelt very strong of turpentine, and what passed through its
bowels smelt of turpentine for two days after—its neck looked as if it had been burnt with turpentine—the lips were quite purple when I took him out of the cot—these (produced) are the clothes the child had on—they smell of turpentine even now; it was much stronrar then—I called Miss King in, and Mr. Palmer, the surgeon, came and attended the child—the rug on which the child was sick also smelt of turpentine.
Cross-examined by MR. LILLEY. Q. You say that the child was a delicate child? A. Yes; when it first came to me—I have given it a grey powder and a little castor oil—I cannot say whether I have done so more than once—I understand that the prisoner had 12s. a week as wet nurse at Mr. Carless's, and lived in the house—she generally came on a Sunday to see her child—she has come on other occasions—she was to all appearance kind and affectionate, and motherlike to the child—she kept up her payments regularly, and provided carefully what clothing was necessary—I cannot say exactly how long she stopped on 2nd Dec., but I should think nearly an hour—it is about a mile and a half from my house to Richmond—I had not seen any tendency to convulsions in the child until that day—I am well aware that children are subject to convulsions—I have had a family, and have nursed many other children—I was up and down stairs two or three times—I was cleaning my bedroom—on the first occasion I dare say I might have been absent twenty minutes—the prisoner took the child out of the cot when she first came in—after she was gone I went out to the post-office—I left the child in the cot—I was only gone five minutes at the outside—I never used turpentine to get grease out of clothing—when I had occasion to use turpentine it was to paint my cottage—I have never used it since—there was not a soul, in the house but the baby during my absence—I left the key in the door—no one goes to my cottage—it is in a private corner—I do not remember that the prisoner told me she had a chance of two places—she said she had not named that she had got the baby.
MR. PAYNE. Q. Did you find the door of your house on your return in the same state as you left it? A. Exactly—I saw no signs of anybody having been there—nothing was disturbed—I found the chad in the cot as I had left it—I went and took it up directly—it was a week or more before that since I had given the child any medicine—I gave it a grey powder and a little castor oil—I did not give it any turpentine—it is now quite well, better than I ever knew it.
SARAH NOBLE . I live at Miss King's, at Littleworth-end, Mortlaks, near Mrs. Keele's. On the afternoon of 2nd Dec. I went there with a letter from Miss King—I went into the downstairs room—the door opens into the room—I found the prisoner there, sitting down, with the baby in her arms—nobody else was with her—I went through to the stairs and called Mrs. Keele—she came down, and I gave her the letter—I observed the baby when I was there—it was coughing very violently—the prisoner was trying to quiet it—I said to her, "The baby seems very ill"—she said, "Yes, poor little dear, it is"—I did not take any turpentine into the house or do anything with any.
Cross-examined. Q. Was the prisoner behaving affectionately and kindly, as a mother should to a child? A. Yes—I had frequently seen the child before that day—I had nursed it—I know that it had a very bad cough before that day—I did not smell any turpentine.
MR. PAYNE. Q. How long were you in the room altogether? A. Not more than two minutes.
HENRY SMITH PALMER . I am a surgeon at Mortlake—about 4 o'clock on the afternoon of the 2nd Dec., I was called on by Mrs. Keele—I went to her cottage, and saw the baby there—on entering the room, I smelt it very strong of turpentine, immediately I opened the door—the child was cold and pulseless, and quite comatose—it had vomited on the carpet, which I saw, and which smelt of turpentine—the child's breath smelt strong of turpentine—there was redness about the mouth, on the neck, and also on one of the eyelids, and the clothes about the neck were saturated with turpentine—I was told that it had had some medicine administered to it before I got there—(MRS. KEELE. Miss King gave it some castor oil, and a little weak brandy-and-water—she was in the act of giving it when Mr. Palmer came in)—I ordered some salad oil to be administered to it, and to be put into a warm bath—I considered that the child had had turpentine administered to it by the mouth—in consequence of that, I gave information to sergeant Davis—I saw the child again in about half an hour—it was then much the same—I saw it again in about two and a half or three hours—it was then slightly better—there had been mucous diarrhœa, that smelt very strong indeed of turpentine—the secretion from the kidneys was mixed up with the evacuations of the bowels, and all passed together, and all smelt of turpentine very strongly indeed—I saw the child for the last time about 1 o'clock in the morning—it was then becoming more sensible, but it had very severe diarrhœa, still strongly impregnated with turpentine—I could not form any judgment as to how much turpentine had been given; considering the amount spilt on the clothes and about the neck—I should imagine there could not have been much less than half an ounce of turpentine used, so far as I could judge; some spilt on the outside, and some getting inside—no doubt the child must have taken some, or it could not have passed through the body.
Cross-examined. Q. How long have you been in practice? A. Just about 11 years, at Mortlake all that time—when I was called in I found the child pulseless and comatose—those are the ordinary symptoms of convulsions—I believe it had no teeth; the process of teething may have been going on—turpentine is frequently used as a medicine, in minimum, medium, and maximum doses—I believe it has been given to adults in large doses—I have read Dr. Duncan's works, but not of late years—I believe it to be the case that 4oz. has been given in one dose, without any perceptible bad effect, and scarcely more inconvenience than would follow from an equal quantity of gin—there are certain standard medical works on poisons—turpentine is not included in the list of poisons in those works—the smell derived from turpentine in the fœces in not of a violet kind; the urine has that smell—in this case the urine and the fœces were passed together, and the smell of turpentine pervaded the whole—I have not noticed that all the secretions have the violet smell, they had not in this case, certainly—the operations of the secretions are generally uniform—in this case the odour of the turpentine was so strong that it pervaded everything—the odour of turpentine is exceedingly strong—it is generally used medicinally for worms, we also use it as a diuretic, and for rheumatism; and in puerperal fever, both externally and internally—I never knew of its being administered for cough—I have known it used as an embrocation on the chest, but not administered—I know nothing about the practice in Germany.
MR. PAYNE. Q. Is turpentine used as a medicine for children six months old? A. I never knew that it was at so early an age—I believe it has been used in infantile diseases—it is administered to adults for tape
worm, I know no other case in which it would be largely administered—if the whole of the half ounce had been taken by the child, it would have acted as a narcotico irritant; I should have expected the child to have had irritation of the intestinal canal, producing diarrhoea and inflammation, and that it would also produce convulsions with stupor and coma; it would most probably have terminated in death—there is no doubt about it—it would act as an irritant poison, given to an infant of that age—convulsions resulting from the administration of turpentine would be the same as ordinary convulsions, the symptoms likely to arise would be the same as in ordinary convulsions—I believe that the child had taken turpentine internally—I judge so from the symptoms I saw at the time—them were symptoms of its being need externally as well as internally—I cannot say that the use of it as an embrocation would have accounted for what I saw—I saw nothing to show that it had been applied to the child for the purpose of curing a cough—the appearances were consistent with there having been an administration, and a part of it going outside and part of it inside—I could not form any judgment as to how much had passed its mouth, it would be impossible to answer that question; the half ounce if merely speculative on my part.
COURT. Q. Are you quite confident that there was the smell in the faces? A. Quite confident, for I examined it on four occasions, up to the second day—that satisfies me that some turpentine had been taken internally—the clothes were so saturated with turpentine, that they were wet with it—the room smelt very strong of turpentine; but I could not have mistaken that for the smell from the fæ, for the child was removed to the house of Miss King the same night, for greater domestic comfort; and there was the smell of turpentine the next day—what it had taken had produced the most serious symptoms, and if it had not been attended to as it was, I think it would have died—I think, if it had not been relieved, turpentine the it had taken would have destroyed its life—the brandy and water it had taken was so slight, and so weak, that it had very little effect one way or the other—I do not attribute any harm to that; I came in as they were in the act of giving it, and stopped it; I did not see how much it had—the child was comatose when I went in—turpentine would act as intoxicating, like any other ardent spirit.
THOMAS DAVIS . (police sergeant, V 16). On 2nd Dec., about a quarter past 4 o'clock in the afternoon, in consequence of information, I went to Mrs. Keele's house—on opening the door I smelt a very strong smell of turpentine; I saw the child lying in the cot—I have produced its clothes to-day—when they were delivered to me they were wet about the breast; they were given to me that day; I asked for them, they smelt very strongly indeed of turpentine—near 8 o'clock that night, I went to Mr. Carlsss's house at Richmond—I found the prisoner there—I asked her if she had been to see her child that day; she said she had—I asked her if she had been using turpentine during the day, for any purpose whatever—she said she had not—I then told her she was suspected of administering oil, or spirits of turpentine, to her child, at Mortlake, and for that I should take her into custody—she said she had not done so.
Cross-examined. Q. Does she speak very imperfect English? A. She does; I had no difficulty whatever in understanding her, she speaks English
well enough for any one to understand, although not fluently or perfectly—I did not examine the prisoner's clothes, but I stood very close to her, and I could not detect the smell of turpentine—she was searched by a female searcher—she is not here; nothing was found on her.
MR. PAYNE. Q. This was four hours after the transaction? A. Nearly, and at Richmond.
(The prisoner received an excellent character.)
NOT GUILTY .
Before Mr. Justice Crowder.
MR. LILLEY. conducted the Prosecution.
JAMES FEARNOT . I am a greengrocer, and live in Cross-street, Bermondsey New Town. I have known the prisoner about nine or ten months, he lived near me—on 13th Nov., he came to my shop and said, "I want to ask you a favour, it is not for myself, but for a particular friend of mine, it is to cash an advance-note for 5l., he wants the money and he does not want to go to a Jew's, for he will have to take it out in clothes"—I said it was not in my power at present, but if he would call again I would consider of it—he called again in about an hour, and said, "Well, will you oblige me?"—I said, "I have been considering it, and if you think it is safe I will, but I shall have to distress myself very much to do so, for it is money that I have to pay away"—he said, "It is perfectly safe, I assure you, for I know the man as well as my own brother, I have sailed several voyages with him"—and he said, "You can take the 11s. 6d. that Mrs. Gage owes you out of it, and 1s. in the pound I will allow you for doing it"—Mrs. Gage is the woman he lives with—I did not give him cash, I gave him a note for 4l. payable at Wilson's, at Dock-head, on Saturday morning (this was on Thursday evening)—he said, most likely he should get it from Mr. Wilson to-morrow—I said, "You can please yourself about that"—I gave him 3s. 2d. in cash, deducting the 11s. and 5s. for doing it—I saw him again the next afternoon—I always knew him by the name of Minton—I said to him, "Mr. Minton, I think I have done a very foolish thing by paying you that money; when I came to look at the note this morning, it was not stamped"—he said, "Oh, dear, is it not?"—I said, "No; perhaps you will be kind enough to call and put one on"—and he said, "I will"—he called, I think, next morning, and asked me for the note, and put a stamp on the back and signed this name, "Hudson," on the stamp—I saw him do it—I gave him the pen and ink, and stood by him while he did it—he said to me, "Shall I put my own name on it"—I said, "I know nothing at all about it"—he said, "I think it will be best to put the same name as is on the note"—I did not say anything, he did as he thought proper, I told him to please himself—when he gave me the note, I saw the name of Hudson on it—what he said was, "Shall I put the name Minton, or this name?"—I am sure he said so—he said, "Shall I put the name of Minton, or the name in which the note is made out?"—I said he might please himself—when I received the note from him, he said, "You will not have longer to wait for your money than a fortnight"—I met him several times after that, but nothing more passed about the note till it became payable—I think I let it be for some time after the fortnight, because it did not suit me to go for it—I met the prisoner on a Tuesday morning, and said to him, "I think, Mr. Minton, if I can make it convenient this afternoon, I shall go for that note"—he
said, "Well, I should not be in a particular hurry"—I said, "I don't know that I can go to-day"—he said, "Perhaps it will be as well to leave it till to-morrow"—that was all that passed then—I met him again about 4 or 5 o'clock that same evening; he said, "Have you been after that note?" I said, no, I had not, but my mistress was gone that way, and she was going to call for it—he said, "Good morning," and walked away—I went and presented the note at No. 23, St Mary Axe—I did not find any one carrying on business or residing there named Hill and Co.—I inquired at a great many offices and places, but could not find Hill and Co.—on that same evening, I went to No. 9, Queen's-road, Bermondsey, with a policeman—the prisoner lives there—I saw him, and said, "Are you aware that this is a forged note that you have given me?"—he said, "I am not aware of it"—I asked him if he could settle the bill with me—he said, no, that was not in his power—I said, "Can you let me have 3l.?"—he said, "I can't, what time will you give me to pay it?"—I said, "I don't know, I want the money very badly, you know I distressed myself very much to let you have it; if you can let me have 2l. it will be acceptable to-night"—he said, "I can't, but if you will let it be till 12 to-morrow, I will make it up and give it you"—I then gave him into custody.
Cross-examined by MR. MACENTEER. Q. Is this the note? A. Yes—I am not in the habit of taking these notes occasionally—I never took one in my life, only from Mr. Minton—I gave him another note for this—that was the note I took from Mr. Minton; it was on Wilson's, a cooperage close by me—that was quite correct—I do not know anything about the general usage of these notes—the prisoner had not been dealing at my house, but the person he was living with had, for I dare say, two years, or better than two years—he has been living in that house, as near as I can recollect, for nine or ten months—when he brought the first note, he came on the same errand, and I gave him the whole of the money within 3s., which he allowed me for lying out of my money—the rest I gave him in cash—when he came and signed the note, he came voluntarily; he asked what name I would like to be put on the note, or words to that purpose—I cannot be certain what were the words—I was in my shop, and had the shop to think of at that time—I knew when he signed the name Hudson, it was not his name—he said it was the same name that was on the note—I was in the habit of meeting him very often till the bill became due—when I saw him if he could have made up the money I would not have proceeded—I would have taken part of the money and left the rest.
EDWIN LAFORT . (policeman, M 159). On the evening of 4th Dec., I accompanied the prosecutor to the prisoner's house—I received charge of the prisoner for obtaining 5l. by false and fraudulent pretences—this note was given to me by the last witness, and I went, in consequence of receiving it, to St Mary Axe, and inquired for Hill and Co.—I could not find them—no such name was known—I made diligent and careful inquiries all through St. Mary Axe—I subsequently went to the Merchant Seamen's Register at the Custom House—I examined the outward bound Register of ships going from London, in the long room, at the Custom House—I did not find any vessel named William, having for her master, Richard Court—I did not find any seaman named William Hudson—I do not personally know anything about the course of business—I found at the prisoner's lodging a pocket book, and in it the certificate of a discharged seaman—the name mentioned is Minton—I have not been accustomed before to examine ships at the Custom House—I only went over the ships during the month of Nov.—I
do not know anything about the course of payment of these notes—(note read: "Seaman's advance note, 12th Nov., 1856. Three days after the ship William leaves Plymouth, pay to the order of William Hudson, provided he sails in the said ship from London, and is duly earning his wages, 5l. being one month's advance for wages. Richard Court. Payable at Hill and Co., No. 23, St. Mary Axe."—on the back stamp was written, "William Hudson.")
GUILTY .— Confined Twelve Months.
Before Mr. Common Serjeant.
MR. METCALFE. conducted the Prosecution.
GEORGE CUTTS . I am one of the firm of Ricketts, Smith, and Cutts, coal merchants, of Tooley-street, and am also trade assignee under the estate of John Shapman, an insolvent. I was appointed on 6th Nov., 1856—I obtained, as trade assignee, this order (produced, dated 21st Nov.) to seize the goods of John Shapman—before the Commissioner made the order he investigated the matter—I went down on receiving the order to Shapman a premises, and saw two vans, three horses, a set of harness, and a cart on the premises—the prisoner was there part of the time—I knew him previously, and he knew me perfectly well—he had not spoken to me as assignee—I had shown him my warrant, and he said that the goods were his—he did not produce any document, but I afterwards saw a bill of sale in his hands—I made a return to the Insolvent Court that I had seized the goods, and then obtained an order for the sale—that was on a Saturday; I am not quite sure whether it was 22nd Nov.—I heard nothing more, but on the following Tuesday, as I was leaving my office, about half past 6 o'clock, two policemen, and Gadsden, and Mr. Perry, a solicitor, introduced themselves to me—I applied to Mr. Gadsden to know if he gave me in charge—he said, "I do"—Mr. Perry said that they charged me with stealing two horses, two vans, and a set of harness, which the officers were there to take me to prison for—the constables took me into custody; I was taken along the street to the station, and a charge was made against me—I saw Gadsden sign this charge sheet (produced)—I was locked up in a cell for little more than an hour, until the inspector came—my partner was there, bail was given, and I appeared before a Magistrate next morning, and was discharged—before Shapman was insolvent, the defendant was his carman; he came as his carman to fetch coals, up to the time of the hearing at the Insolvent Court, up to 22nd Nov.; but after Shapman became insolvent, the defendant came in his own name—up to that time I knew him in no other capacity than as carman to Shapman—my claim on Shapman was 54l.
(MR. SLEIGH. submitted, that the mere production of the warrant was not enough to justify the witness in seizing the goods, and objected to its being admitted in evidence till the schedule was produced. The COURT. considered that, being a paper produced to the defendant, it was evidence.)
Cross-examined by MR. SLEIGH. Q. When you went and took the horses, and carts, and so forth, it was not told you that they had become his by virtue of a bill of sale which Shapman had executed? A. No—he did not then tell me that he had lent Shapman 200l., but that was adduced at the Court—when I took the vans and horses, he did say, "This property is mine"—the solicitor said, "I caution you against taking away the property"—the defendant did not refer to Mr. Perry, the solicitor, and say,
"Now, I warn you against taking away that property, because it is mine"—he did say that they were hie, but not that they became his by reason of his having lent money to Shapman, but I knew that before I went to seize; I heard it at the Court—when Gadsden came to my place with the two policemen, he did not say, "I am acting under the advice of my attorney, who is here;" Perry introduced the matter—the defendant did not say that it was on the advice of his attorney that he gave me into custody—I applied to him whether he wished to give me in charge, and he said that he did.
MR. METCALFE. Q. Was the matter determined at the Insolvent Court by the money being advanced? A. Yes, it was directly after that that the Commissioner made the order for me to take the goods—the prisoner was present at the beginning of the proceedings.
JOHN M'INTOSH . (police inspector, M). Mine is the Bermondsey station—I have known the defendant since this matter—I first saw him at the Stones-end police station on Monday, 24th Nov.; Mr. Perry, who came with him, said that they wanted a policeman to take a party into custody for stealing some horses and vans—having some previous knowledge, I asked him if it was the horses and vans that were in Castle-street—he said, "Yes"—I said that I believed it was more of a civil than a criminal affair, and he had better take some other course—Mr. Perry said, "I mean to give Mr. Cutts into custody"—Gadsden said, "We will give him in charge"—I said, "You had better consider of it"—next morning Mr. Perry and the defendant came to the Bermondsey station; Mr. Perry said that they wanted a policeman to take the wharfinger into custody—he then seemed to consider again—he said, "Well, I am not exactly ready"—I said, "Well, if you wish to do it, you had better do it while the Magistrate is sitting, but I advise you to consider again"—he said, "I am a professional man; I know my business"—I said, "Yes," and I appointed 2 o'clock, when I would have a constable ready to meet them—I waited some time at the station, but they did not come—I went to the station again about 7 o'clock, or half past, and found the prosecutor locked up in the cell—having a knowledge of the circumstances, I took substantial bail for his appearance the following day before the Magistrate—I cautioned the defendant at least half a dozen times—there was no Magistrate there when they came, not after 5 o'clock—Mr. Cutts was taken before a Magistrate next day, and discharged.
Cross-examined. Q. The more you cautioned Mr. Perry, the more indignant he was? A. Yes; I cautioned both of them, but the prisoner had very little to say.
WILLIAM COOPER . (police sergeant) M 20). I was acting inspector at the station while the inspector was away—I was present in the morning, at 11 o'clock, when the inspector cautioned these people—they did not come at 2 o'clock, when he directed them, and not till 6 o'clock in the evening—I was there all the time—I told them that they were acting quite contrary to the inspector's orders—they said that they were quite aware of that; Mr. Perry said, "Mr. Cutts has not been at the wharf during the day, and it was impossible to take him before, as Mr. Gardner has been down two or three times to see"—Perry then asked for a constable to go with them ty the wharf, and I allowed one to go—some little time afterwards, Mr. Cutts was brought in in custody—it was then half past 6, or a quarter to 7 o'clock—I took the charge, but, before putting it on the sheet, I wrote it on a blank piece of paper, and said, "Is that the charge you prefer?—they both said "Yes," and Gadsden signed it
GUILTY. on the second Count. Aged 28.—Recommended to mercy by the Prosecutor. — Confined Four Days.
Before Michael Prendergast, Esq.
THOMAS RAWLINGS . I am a baker, and live at 37, Bridge-street, South-work A person of the name of Clark, and a woman, came to me on the 28th Nov., and ordered twenty quarterns of bread and half a bushel of flour—about an hour and a half after they left, the prisoner came with a baker's barrow—he asked me for the twenty-one loaves that had been ordered by Mr. Clark, and I gave them to him—on going along with them, he said he was going to take them to Cornwall-road—that the man Clark had been in the employment of the London Printing and Publishing Company, at the corner of Charterhouse-lane; that he was well known; that they were going to have pork, cheese, and bacon from the country for the persons connected with it, and that they were going to open a chandler's shop—I saw him again on the morning of the 29th, he came with Clark—they had twenty-six quarterns of bread, a shilling's worth of small bread, and half a bushel of flour—while I was delivering it, the prisoner was in the shop—they took it away—Mr. Clark parted with the prisoner and said it was half-past 8 o'clock, time for his duty—the prisoner went away with the property, and I was to have the money on the Saturday evening at half-past 8 o'clock for all the quantities, and then they would arrange for what they wanted on the Monday—about 3 o'clock in the afternoon, a woman and a little boy came—they wanted any quantity—I said it was an extraordinary thing in a chandler's shop to sell so much as that—the boy tugged the dress of the woman, and that aroused my suspicions, and I would only let them have four quarterns of bread—T went afterwards to inquire next door, 30, Cornwall-road—I saw there very little bread in the shop, and very little bread in the windpw—I saw the prisoner in the shop, and the woman Clark busying about in the shop—that was the woman that first came—I saw her and the other woman working about in the shop—afterwards I saw them delivering the bread, scales, weights, knife, broom, candlestick, two bags, tickets, and bills—the prisoner put them in the barrow and closed it—it was outside the door—the women were handing them to him—the shop was shut up—the prisoner went down Stamford-street at a trot—I followed him—the women were close behind him—I looked at the bread in the barrow—there were ten and a half quarterns of mine, that which I had delivered to the prisoner—the price of all was 2l. 3s. 9 1/2 d.—the shop was shut up, while they were putting the bread, &c. into the barrow, that was about 7 o'clock—iny engagement was to meet the parties at about half-past 8 o'clock.
Prisoner. Q. Did I ask you to send up the bread that Mr. Clark had ordered? A. Yes—I did not take the second lot, but I sent it.
COURT. Q. Did you ascertain that there was no such person living at the London Printing and Publishing Company? A. I did; I went there on the Monday, and could find nothing about Mr. Clark.
my husband's shop; the prisoner was there, and Clark—Clark said to the prisoner, "Whatever she wants during the day come here for, and Mrs. Rawlings will let you have it—the prisoner was then in the shop with me—I said, "Are you Mr. Clark's brother," and he said, "Yes."
DIANA FREEMAN . I live in the Cornwall-road, and was next door to the prisoner, No. 29. I had the letting of No. 30—he told me that he wanted to take and open it as a baker's shop—he thought it would suit his daughter—that was on Thursday, the 27th—he said he would bring his daughter in the evening to look at it—they came, him, the daughter, and another man—they agreed to take it—they said they thought it would do—he said he was going to have the bread ready made, so that he did not want any oven—I saw him again that same evening—he took the ground floor—I was to have had 5l. on the Monday, and they gave me a bill to hold till then, as security—this is it (produced)—I think it is good for nothing—it is payable at a bank, but the officer has been there, and there are no effects—the shop was opened on the Friday, and closed on Saturday, about 7 o'clock—I cannot say how much went away, but the barrow kept going away with bread—I thought there might have been customers a distance off.
Prisoner. Q. When that shop was taken you had a bill given; you were to return it, were you not? A. Yes; I was to have gone with Mr. Clark to change it—it is a general rule for persons to have some security when they let their shops, and this was the security.
JAMES STANNIDGE . (policeman, L 89). On 29th Nov., I was on duty in Stamford-street, Blackfriars-road—I saw the prisoner—he was running away with a barrow—I stopped him—there was in the barrow twenty-two half quartern loaves, and nine penny loaves, and scales, and the weights—I went to the bankers with that bill—I could not find anything about it there—they could tell me nothing about it.
Prisoner's Defence. Mr. Clark made an agreement with Mr. Rawlings for the bread; I went to fetch it at Mr. Clark's request; he (Mr. Rawlings) came with me and looked at the shop, and left it; the next day I came again and fetched it; on Saturday evening Mr. Clark said to me, he would give me a shilling to take the barrow up Stamford-street, as I was going there, and I was going as gently as if I was going to heaven.
GUILTY . Aged 46.— Confined One Year.
ADJOURNED TO MONDAY, JANUARY. 5TH, 1857.