CENTRAL CRIMINAL COURT.
FINNIS, MAYOR. NINTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, July 6th, 1857.
PRESENT—The Right Hon. the LORD MAYOR; Sir GEORGE CARROLL., Knt., Ald.; Mr. Ald. CHALLIS; Mr. RECORDER; Sir ROBERT WALTER CARDEN, Knt., Ald.; Mr. Ald. WIRE; and Mr. Ald. HALE.
Before Mr. Recorder and the First Jury.
763. ROSA BUSH (20) was indicted (together with George Richard Clark, not in custody) for unlawfully procuring Elizabeth Harriss, aged 14 years, to have illicit connection with the said George Richard Clark.—Other COUNTS., varying the manner of laying the charge.
MR. SLEIGH. conducted the Prosecution, and MR. LAWRENCE. the Defence.
GUILTY .— Confined Nine Months.
NEW COURT.—Monday, July 6th, 1857.
PRESENT—Mr. Ald. SALOMONS.; Mr. Ald. HALE.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
MESSRS. COOPER. and POLAND. conducted the Prosecution.
(The certificate of the acquittal of Martin Burke was put in and read—on 16th May, 1867, on an indictment charging him with stealing one porte monnaie and 4s., of Henry Anderson, from his person.)
at Westminster. I remember the trial of Martin Burke on 16th May—I remember the prisoner being there—I administered the oath to him in due form, and he was examined as a witness.
Prisoner. Q. At the time Martin Burke had his trial, did the Judge ask you any questions concerning me? A. He did.
MARTIN BURKE . I am an attendant at the Strand Theatre; I have been there about seven years—I am there to prevent persons selling tickets outside—on 4th April I was in attendance, from half past 6 up to 7 o'clock, in the gallery, and a man came and told me there were two men selling tickets—I left, and went to the door, where I saw the prisoner and another man with him—I said, "You know you are doing wrong by doing that here" (they were selling tickets); "you had better go away; if any of my governors see you, you will get me in a row"—the prisoner said, "Who are you?"—I said, "If you will stop till such time as the policeman comes, I will let you know who I am"—he said, "I suppose you are some b—detective," and he up with his fist and hit me a severe blow in the left eye, which gave me a severe black eye—he then ran for about forty-five yards—I ran after him, and overtook him; I caught him by the collar of the coat, and held him till the constable came up—before he came up the prisoner kicked me severely about the privates—when the constable came up I gave him into custody—there was a great mob—I said to the constable, "I give him in charge for striking me; he has been selling tickets at the door, my governors will see to that; I will give him in charge for striking me in the street"—he turned and said, "I will give you in charge for robbing me of my purse and 4s., snatching it out of my hand"—I had not done so—the policeman caught hold of me—I said, "You know me very well, I am a man different to that; leave go of me, I will walk quietly to the station"—he let go, and I went to the station—I was searched, and nothing was found on me but my own porte monnaie—I was committed to take my trial—the prisoner was let go—I was in custody up to the trial at Westminster—when the trial came on, the prisoner appeared as the prosecutor—I defended myself, as I am only a poor man—I put questions to the prisoner—I asked him where he lived, and he said at No. 6, Wellclose Square—I asked him whether he ever got his living at anything else but ivory turning, as he had described himself as an ivory turner in the charge sheet—he said, "No"—I then asked him whether he ever got his living by selling sham sovereigns in the street—he said, "No"—I then asked him whether he had ever sold rings in the street—he said, "No"—then the Judge asked him a few questions—I asked him whether he had ever gone by any other name except Anderson—his answer was, "No"—the Judge asked him, in my hearing, if he had ever gone by or used the name of Barnett, or Moses Aaron, and he said, "No"—the Judge asked him if he had been in prison under the name of Barnett Aaron, or William Barnett, and he said, "No"—the Judge asked him if he had ever been in the House of Correction, and he said, "No"—he was asked if he had ever been convicted under the name of William Barnett, for having assaulted Eliezer Bath—he said, "No," he had never been in any prison at all; he had never been convicted at all, nor been in prison in any shape or form, in Whitecross Street, or otherwise—I was acquitted on that occasion.
Prisoner. On 4th April there was a benefit for the widow and children of the late Henry Hayes. Witness. I do not know the name, it was a printers' society—I am not aware how many tickets were distributed, there were a great many—they were made to be sold—the printers' society took
the house for Saturday night, 4th April—I think it was not raining—I think it was about 7 o'clock when I came to you—I did not say you were selling false tickets; I said, "You have no business selling them tickets here"—you offered pit tickets for 4d., which are 1s. a-piece—I watched you some time before I spoke to you—I had a witness to prove that you asked 4d. for one ticket—that was Mr. Mitchell, but he was not called—the Judge asked if my employer was in the court, and I said, "Yes," and my employer immediately got up, and gave me a character—I went to you and said you had no business selling those tickets there, especially at half price, and I told you you had better go away—you did not say, "What is that to you if I like to give them away?"—I did not say I was an officer of the theatre—I said, "You had better get away from here; if any of my governors come and see you here, you will get me in a row"—I have two governors, Mr. Payne, the lessee, and the gentleman whom I do a little jobbing for in the day time—I assist the painter and carpenter—I have been there seven years—I did not see a porte monnaie in your hand, nor a cigar case—I did not have a man with me when I came up—I saw a man speak to you, and walk away—I saw you offering tickets—I had been in prison twice before that charge, but never for stealing or felony; it was for assaulting—I was tried in 1852, and was in Newgate for breaking a man's leg by accident—I was sentenced to twelve months, but for all that I was not guilty—there were two of us in the case, the other man that broke the leg got acquitted, and I was sentenced to twelve months—I suffered about seven months—the second time I was one month in the House of Correction for an assault—I never was charged with stealing a penny—I ran after you, and caught you by the collar—you punched and kicked me—I knocked your head against the railings, I did not pinch your throat—you gave me in charge for stealing your purse, you did not charge me with striking you—you said nothing about the assault—you appeared on 6th April, and I was sent for trial—the Magistrate asked if you had any witnesses, and you said you had two witnesses, but you did not know whether you should be able to make them attend—the policeman did not say there was a crowd by the Somerset Hotel, he said by King's College gates, which is about twenty yards from the Somerset Hotel—the policeman came up, and asked what was the matter—you said you had been robbed of the porte monnaie, you said nothing about striking.
Prisoner. I told the inspector I had been struck by you; and after you got me by the throat, after the garotting style, you took my porte monnaie, and gave it to another man. Witness. No, you said, "Two other companions"—there was no money found on me—the Judge did not ask if your name was Henry Anderson, nor did you say, "My name is Henry Barnett Anderson, but sometimes they call me Henry Barnett and sometimes Henry Anderson"—you denied being Barnett at all—the Judge asked if you ever went by the name of Moses Aaron, and you said, "No"—he asked if ever you were in prison by that name, and you said, "No"—I did not see a paper handed up that you had been in prison by that name—I believe Mr. Sawyer was asked a question by the Judge; I cannot tell what he said—he did say that you had gone by the name of Moses Aaron—I gave you in charge for striking me—I did not strike you, but I knocked your head against the rails—I never took your purse—I was honourably acquitted; I was let out of the dock, and as soon as I came out my governor ordered me to give you in charge.
Q. Did I not go up before the Judge, and say, "My Lord, have I
committed any perjury?" and he said, "No, I had not"? A. I was not in the Court? my poor old mother was in the Court, and my governor gave me half a crown to send her home in a cab.
COURT. Q. as soon as you left, in consequence of something your governor said, the prisoner was charged with perjury? A. Yes—I asked for the paper that I had handed up to the Judge, for I meant to take proceedings against him—I was tried on 16th May, and I preferred the charge as soon as I left the dock—the prisoner went down the steps, and tried to run away.
Prisoner. Q. After I was taken before the Magistrate, did he not say, "I see no case of perjury?" A. No, he did not—he asked who gave you in charge for perjury, and I said I did—my master sent up, because he had to pay his men—he was not before the Magistrate—I do not know whether he is in Court now.
JAMES WATTS . (Policeman, F 82). I was on duty in the Strand on the night of 4th April, about 20 minutes before 8 o'clock in the evening—I saw a crowd; I went up, and saw the last witness there, and the prisoner—Burke had the prisoner by throat, and as soon as I came up the prisoner gave him into custody for robbing him of a purse containing 4s.—Burke said he had not done so—he went quietly with me to the station, and there the prisoner charged him with that offence, and it was entered on the charge sheet—I did not hear any charge stated by Burke.
COURT. Q. Were you at the trial when the prisoner prosecuted Burke? A. Yes—the prisoner was examined, and Burke asked him some questions—he asked him if he ever, at any time, sold sham sovereigns or rings in the street, and he said, "No"—he asked him if he ever went by any other name, and he said, "No"—I think he did not mention any other name, I cannot remember—the Judge put the question whether he ever went by the name of Barnett Aaron, and he said, "No"—he asked him if he had ever been in prison, and he said, "No"—he was given into my custody on a charge of perjury immediately after the acquittal of Burke—Mr. Payne, the lessee of the Strand Theatre, gave him in charge, and I took him.
Prisoner. Q. On 4th April there was a performance at the Strand Theatre, for the benefit of a man of the name of Hayes, was there not? A. I do not know; you said so—there was a lot of people when I came up, and you gave Burke into custody for stealing your purse—you did not give him into custody for striking you and knocking your head against the railings—it was after the charge was made that you mentioned that—I do not think the charge for assault was taken—you were taken before the Magistrate on 6th April—you did not give me the name and address of several witnesses in Drury Lane who saw the assault—you gave the name of Mr. Stewart and another person—I did not go to them; I did not consider it was necessary—Burke was committed for trial—you attended on 14th May, to prosecute him—you said that you had sent to Mr. Peckham and another person, and they said they would attend if they were wanted, and I told you I would do all I could to get the subpœnas, and the case was adjourned—you gave the name of Henry Anderson—you did not say, "No. 6, Grace's Alley, Wellclose Square;" you said, "No. 6, Wellclose Square, a dentist and ivory teeth maker"—I never heard the Judge say that you had committed no perjury—I was not in the Court—I took you outside the Court.
MR. POLAND. Q. After he gave the address, No. 6, Wellclose Square, did you go there? A. Yes, I did, and he had not lived there.
SAMUEL SAWYER . re-examined. I was present at the trial—the prisoner was then the prosecutor—I heard Burke put some questions to him—he asked him if he was not in the habit of hawking medals about the street—he said, "No"—he asked him if he did not get his living by hawking things about the street—he said no, he did not, he was a surgeon dentist and ivory turner—the Judge put the question whether he had ever used any other name than that of Anderson—he said no, he had not—I was one of the warders of the House of Correction, at Cold Bath Fields—at that time I knew the prisoner to be there in custody—I do not recollect what the charge was; it was some trifling offence—he was there for a short period—I heard the Judge ask him at the trial whether he had ever been in any prison, and the answer he made was, "No"—when I was warder, I had seen him in prison on several different occasions, working out his sentences—I knew him by the name of Barney Aaron, or Barnett, and I believe he has been in other names—he was asked several questions as to where he lived, but I did not attend particularly to it.
Prisoner. Q. How many times was I in the House of Correction? A. A great number of times; I cannot say how many—from my own recollection, I should say seven or eight times—I have some recollection of your being tried at the Middlesex Sessions—I do not recollect asking you any questions at the time that Burke had his trial—I believe there were some questions asked as to the name of Moses Aaron.
Prisoner. Q. There was no question asked whether my name was Moses Aaron, but whether I was in prison by that name; the Jury brought in Martin Burke not guilty, and did not I get up and ask the Judge whether I had committed any perjury? A. No, you got up into the box, and asked if you were to be detained any longer, and he said, "No, you can go"—the Judge did not ask me any question publicly.
WILLIAM TWISS . (Policeman, N 456). I know the prisoner—about five or six months ago he was a witness against a boy—he then gave the name of Henry Barnett at the police court—I have seen him selling flask sovereigns and flash rings in the street on several occasions within the last twelve months.
Prisoner. Q. When do you say I gave that boy in charge? A. I forget the date; it was on occasion of his breaking a window, when yon lived in Hackney Road, there was a disturbance; I was in plain clothes, I saw two lads throw stones at your window, I took one into custody, and brought him to your door; I asked you if you would give the charge, you gave the name of Henry Barnett; I did not see you sign it—I was not in the Court when Burke had his trial—I did not give any evidence—I do not know what you stated—you have seen me in the street a great many times—I have drunk with you.
EDWLN TOWNSHEND . (Police sergeant, N 23). I remember the prisoner being a witness against two men, whom he charged at our station with stealing a box of jewellery—I have the charge sheet in which he signed his name as Henry Barnett; he said he was a hawker of jewellery, and gave his address at No. 4, Cambridge Heath Road—that was on the 28th Jan.—the men were both discharged.
Prisoner. Q. Did you take them into custody? A. No, Swaine took them—I took the charge—they were charged with stealing a small box of jewellery—one man was charged with being concerned with another man in stealing it—I do not know that you went to the man's house, and found the property there—the men were both discharged.
THOMAS SWAINE . (Policeman, N 188). I know the prisoner by the name of Henry Barnett—on 28th Jan. he gave two men in charge for stealing jewellery from him—he gave his name Henry Barnett, No. 4, Cambridge Heath Road—I have often seen him in the street selling flash rings and sovereigns.
Prisoner. Q. Did you take those men into custody? A. I took one, and my brother officer took another—I did not go to the man's house where the property was—I am not aware that the man took your property—I took one man into custody—the sergeant took the charge—there were two men taken—there was not a third man taken—I am not aware that the sergeant authorised an officer to go to the man's house—I do not know that the officer went to the man's house, and that he gave it up, and said he took it out of a joke—I heard the evidence that Martin Burke gave at the police court, but not at the Westminster Session—I never knew you in prison—you did live at No. 4, Cambridge Heath Road.
JOHN WILLIAM ALLEN . I am the solicitor for the prosecution. I produce an examined copy of a summary conviction—(Read. This certified the conviction of Barnett Aaron, on 4th Sept., 1843, before Mr. Henry, at Lambeth Street, for having disturbed one John Hutching, by ringing the door bell of his house; ordered to be fined 20s., and in default of payment to be confined fourteen days in the House of Correction.)
RICHARD LAMBERT . I am a warder of the House of Correction, in Cold Bath Fields; I have been there upwards of twenty-five years. I know the prisoner by the name of Barney Aaron, and also in the name of Barnett—I have seen him several times in prison—I was present in Court at the trial of Martin Burke; I handed something up to the Judge—I heard the Judge ask the prisoner whether he had gone by any other name than Anderson, and he said, "No"—the Judge asked him whether he had ever been in prison, and he said, "No."
Prisoner. Q. When Martin Burke was in the dock, you were in Court? A. Yes; and directly I saw you going to give evidence I wrote on a slip of paper, which I handed up to the Judge, "Sir, I know this person to have been a prisoner in the House of Correction several times"—I said I knew you by the name of Moses Aaron—I do not recollect your asking the Judge if you had committed any perjury, I had left the Court—I did not ask you any questions—the Judge called me, and asked whether I had any doubt of your being the man, and I said, "No"—I can tell you of circumstances so indelibly impressed on my memory that they will never be erased—when I went to the Westminster police court, I did not come up and say that I was mistaken in the name—I said I thought I had known you in another name—I stated in that paper that it was my belief that you had been in prison by the name of Moses Aaron, and it is still my belief—I did not come to the Court and say that I was mistaken.
GEORGE LOCKYER . I am a warder of the House of Correction. I was present at the trial of Martin Burke—I know the prisoner by the name of William Barnett—I have heard him called by other names—I have known him in prison—once positively I can speak to—that was in Cold Bath Fields; I received him myself on 1st Aug., 1855, in the name of William Barnett—it was for assaulting Bath.
Prisoner. Q. Were you at the Sessions when Burke had his trial? A. I
was there part of the time—the Judge did ask me whether you had been in prison—I did not hear the Judge ask you whether you went by the name of Moses Aaron—I can only speak positively to your being in prison on that one occasion, but you were identified by some officers as being there in the name of Aaron.
THOMAS STONE . I am one of the firm of Morris, Stone, and Morris; our offices are No. 6, Wellclose Square—the prisoner did not live there on 16th May—I never knew him to live there—I know nothing of him.
Prisoner. Q. Is there Grace's Alley, Wellclose Square? A. Yes—I do not know that there is No. 6 there—I have no doubt there is.
Prisoner. Q. Is there not Grace's Alley? A. I do not know.
(The prisoner put in a written defence detailing the circumstances as given in his cross-examinations.)
WILLIAM PECKHAM . (examined by the prisoner). On 4th April there was a disturbance outside my master's shop—I saw you and Martin Burke together—I should not know him if I were to see him—I was subpoenaed at the Westminster Session—I was not sworn before the Grand Jury—I saw Martin Burke knock your head against the iron railings—I did not see him strike you at all—he did ask you about selling things in the street, and you denied it.
Cross-examined by MR. COOPER. Q. You went up merely to state that you saw a row? A. Yes—I recollect several questions being put to the prisoner; he was asked whether he sold things in the street, and he denied it—he was asked whether he had been in prison, he denied that too—he was asked whether he went by any other name than Anderson; he denied it.
Prisoner. Q. Were you in Court when a paper was handed up to the Judge, and they asked me whether I ever went by the name of Moses Aaron? A. Yes, the Judge asked you if you went by that name, and you denied it.
SARAH CATHARINE AARON . I am the prisoner's mother. He has worked at the dentist's profession—he lived at No. 6, Grace's Alley, Wellclose Square—it is a good while since I called there—it is about twelve months—I never knew him to go by the name of Moses Aaron, or to be in prison by that name—that is not his name.
MOSES AARON . I live in Chapel Street, Islington, and am a broker. I lived in Hare Street, Bethnal Green—I bought part of a barrow which was said to be stolen; I was taken before the Magistrate, and sent for trial, by the name of Moses Aaron—I was imprisoned for twelve months—I never knew the prisoner to go by the name of Moses Aaron; I know he worked at making ivory teeth—he lived at No. 6, Grace's Alley, for some years.
GUILTY .— Confined Two Years.
OLD COURT.—Tuesday, July 7th, 1857.
PRESENT—Sir GEORGE CARROLL., Knt., Ald.; Mr. RECORDER.; and Mr. Ald. ROSE.
Before Mr. Recorder and the Second Jury.
PLEADED GUILTY.—Recommended to mercy. — Confined Twelve Months .
766. HENRY RUSSELL (37) , Feloniously forging and uttering a request for the delivery of two gallons of brandy; also, a request for the delivery of 2 gallons of rum, and 1 gallon of gin, with intent to defraud: to which he
PLEADED GUILTY .— Confined Six Months.
MR. COOPER. conducted the Prosecution.
MICHAEL HAYDON . I am a detective officer. On 19th June, at 11 o'clock, I was in Cheapside, near the Post Office gates—I saw the prisoner, and on the opposite side from her were two men, about fifteen or twenty yards from her—I saw her speak to a gentleman who was passing along Cheapside—she left him, and went to the two men—they remained in conversation a short time, and the prosecutor came by—the prisoner then left the two men, and spoke to the prosecutor—she walked by his side towards Foster Lane—the men crossed over to the opposite side of Cheapside, and stopped—the prisoner and prosecutor stopped at the corner of Foster Lane, then went along Foster Lane, and the men followed at a distance, re-crossing Cheapside—they turned into Gresham Street, and then they all four went to the corner of Cheapside; the men walked at about twenty or twenty-five yards' distance, sufficiently near to keep the prisoner and prosecutor in sight—at the corner of Wood Street the prisoner placed herself in front of the prosecutor, and remained so not less than half a minute, then turned round in a hurried manner and ran across Cheapside, towards Friday Street, followed by the two men—I spoke to the prosecutor—he was sober, though he had had some drink; he was able to walk and talk—from what he said to me, I went after the prisoner, and found her running along Friday Street as hard as she could—I went after her, stopped her, and told her that I belonged to the police, and I suspected that she had robbed the gentleman she had just left—she said, "I do not know what you mean," and at the same time I saw her hands moving under her mantle—I laid hold of them, and found her left hand clenched—I forced it open, and found in it this foreign bill of exchange for 108l., a Scotch bill for 50l., and an envelope with the prosecutor's name and address in full—she said, "They are only some pieces of paper; the gentleman gave them to me"—the prosecutor came up—I told him what she had said, and he denied, in her presence, that he had given them to her—I took her to the station, and stated that I had seen two men in her company, and she said, "Yes," pointing to two gentlemen who came with me from Friday Street, "and there they are"—they were not the two men whom I had seen—she refused to give her address.
Cross-examined by MR. PLATT. Q. When you opened her hand, were the bills alone? A. They were with the envelope, but not in it; they were crumpled up in her hand—the gentleman she spoke to before she spoke to the prosecutor was not one of the gentlemen whom I saw at the station—I am certain that the two men I saw at the station were not the two men I saw fifteen or twenty yards from the prisoner—the prosecutor had clearly been drinking—he did not stand before her willingly; he was walking—she walked by his side from ten to fifteen minutes, and near enough for him to speak to her, and he was talking to her—I did not hear what they said—I am not aware of any rule that the police are to take
these poor girls into custody if they persist in troubling gentlemen when they are not wanted—I do not think the prisoner saw me at all—I was in plain clothes—the prosecutor expressed a wish at the station house not to press the charge; he said that he did not wish to appear—I heard the prisoner ask the prosecutor a question as to his wife being at Edinburgh; I recollect the word "Edinburgh" distinctly.
JAMES HENDRY . I am a merchant, of No. 21, Harp Lane, Tower Street. The prisoner accosted me on this night close to Wood Street, and walked alongside of me a little way, and then ran off suddenly—Haydon spoke to me—I felt in my pockets, and missed two bills of exchange, also a 5s. piece, a half crown, and some shillings—I did not give them to the prisoner, nor did I give her my address; I gave her nothing.
Cross-examined. Q. Did not you give her your address? A. I do not remember doing so—I am married; I have no children—my wife was not in Edinburgh at that time—I do not remember saying that my wife was in Edinburgh, and asking her to come and see me—I was not quite sober; I had been out with some friends, and had been drinking a little, but not freely; I knew what I was about—I was not aware that anything had gone out of my pocket till Haydon came up to me—I said at the station house that I would rather not appear—one shilling was left in my waistcoat pocket—I do not recollect any hand going to my pocket—I will swear that I did not give the prisoner the envelope, and speak to her about my address.
The prisoner's statement before the Magistrate was here read as follows: "The money is my own, and the gentleman gave me the papers; he was very drunk."
GUILTY .— Confined Twelve Months.
MR. PAYNE. conducted the Prosecution.
MARGARET COGLAN . I am the wife of Andrew Coglan. On 24th June I was haymaking at Hendon—between 3 and 4 o'clock that afternoon I went to buy some things, and as I came back with another young woman and my cousin we met the prisoner—he said to my cousin, "Mate, you have got two; will you give me one?"—the other chap said, "Which will you have?" and he mentioned the other woman—we came on our way, and when we had got across two fields into the road the prisoner overtook us—we went into the Green Man, and he treated us to some ale and 2d. worth of biscuits and cheese—not to be under an obligation to him I called for a third pot, and paid for it—I do not recollect anything more—I found out afterwards that my head was cut.
Cross-examined by MR. COOPER. Q. Had you known the prisoner before? A. No—when we went into the Green Man we were all good friends—I observed that the prisoner had a scythe with him, and a bramble wound round it, but it was a good way off the top of it—the other woman and I did not play a joke with him, or pull him about—I did not fall down until he knocked me down with the scythe—I cannot say how it was done.
GEORGE ANSON . I have been living at Edgware lately. On 24th June I was at the Green Man with the prisoner, the prosecutrix, and another young woman—they had something to drink—I drank with them once—they then left the public house—the prisoner had his scythe on his shoulder,
with a briar at the edge of it—this is it (produced)—Coglan asked him for a pipe of tobacco—he said he would not give it to her, and told her to go away, or he would make her—he told her so three or four times, and then he turned round and said again he would make her, and then he struck her with the scythe on the right side of the head—she fell down—I went and picked her up, and took her to the Green Man—she bled very much—I afterwards went with her to the surgeon's.
GUILTY. of unlawfully wounding — Confined One Month .
MR. ROBINSON. conducted the Prosecution.
BRIDGET LAMB . I lived in Union Street, Lisson Grove; I am married, and have been for nine years—I am not living with my husband now; this has been the cause of our parting; I have not seen him for three weeks—on Whit Monday, 1st June, I was going from my house to my husband's mother's, about half past 2 or 3 o'clock—as I was going along I saw the prisoner standing by the railings of No. 14; she lives at No. 13, and my mother at No. 18—I went up to her to speak to her about what she had said about me, that she had seen me come out of a bad house with a man—I asked her if she was not ashamed of telling such a wilful lie of me—she said, "I do not want to have any talk with you"—she backed to the door; she had two keys in her hand, and she struck me over the eye with them—Patsy King, a man that she lives with, was with her, and he came and shoved me—I told him not to shove me—while he was shoving me she came and struck me at the side of the head; I do not know what it was with—the blood came—she struck me over King's shoulder; my face was not towards her, I did not see her coming—I became senseless from the blow—I was afterwards taken to the dispensary in the New Road; they dressed my head as well as they could there, and then I was taken to St. Mary's Hospital; I remained there a week.
Cross-examined by MR. METCALFE. Q. Up to what time were you living with your husband? A. Up to last Saturday fortnight—that was after I came out of the hospital—he then went away—I do not know where he is—I am now living with his mother—he did not come to see me in the hospital—I had seen him about a quarter of an hour before I received the blow; I had only just left home, and come down the street to go to his mother's—he has been twice in the Crimea—I was never accused of bad habits while he was in the Crimea by anybody except the prisoner, and she has not accused me of anything while he was away, it was since he has returned—he said it was a wonder how she could say such a thing to me without having some reason—I suppose that is the reason of his leaving me, I know of no other—he did not tell me that he did not believe it; he said he could not account how she could say it without some reason—there is a woman named Osborn, who is one of the prisoner's mates—I was not quarrelling with her, I was having a conversation with her; she told me what the prisoner had said—I said to her, "Did you see me?"—she said, "No, Patsy King's woman saw you"—I was talking to Osborn just before I crossed over to Kennedy—she was right opposite the prisoner's door—this has caused a disturbance between me and my husband; he did not believe it till lately, but he thought when she said it so positively there must be something in it—the man was a barman, and he used to come in to my brother's, and take my little girl out—I had nothing to do with the
man—that was what was said; I never heard it till a week or two before—I had not seen her in the mean time, that was the first time—I had not seen Osborn, only that day—I happened to see them together, because they both walk the New Road; they are women of the street—I knew where to find them, they lived close by—I went and spoke to Osborn first—I was not fighting with Osborn—I did not scratch, I dare say I spoke—the prisoner was standing on the railings of No. 14—there was a crowd there; but not till after I got the blow—there was nobody there then but another woman, named Bird, who was with her—there was not a large number of persons there before the blow was given—I never struck the prisoner at all—she did not tell me to go away; she said she wanted to have nothing to say to me—I told her I wanted her to speak the truth, and then she struck me.
MR. ROBINSON. Q. Was there any truth whatever in the charge made against you? A. No, I can be on my oath that I knew nothing about the man any further than seeing him about the place, and he has made free with my little girl—I know of no other charge coming to my husband's knowledge, except that made by the prisoner; we always lived happily for nine years until this—I saw my husband last Saturday fortnight, after I came out of the hospital—I have not seen him since.
MARGARET ROE . I live at No. 34, Stephen Street. On the night of 1st June, between 2 and 3 o'clock, I was in Stephen Street, and saw the prisoner and Mrs. Lamb; Mrs. Lamb was talking to her and asking her questions, something regarding her character—the prisoner was standing against the door, and as Mrs. Lamb was asking her the questions she went back till she got to the edge of the passage—she then said, "I do not want to say anything to you," and then she said, "Yes, you b—w—, I can prove it," and she struck her with a key that she had in her hand; I only saw one key; the blood flowed directly she received the blow—King came out and pushed the prisoner behind into the passage—she then rushed out into the passage with a chopper, and hit Mrs. Lamb with it over King's arm; the chopper was whipped out of her hand by a person, but who it was I cannot say—she bled most furiously from the blow—the blow was on the side of the head—I have never seen the chopper since; I believe it was something that they chopped wood with—I could not say the length of it; I saw the end of it as she lifted it up—after the chopper was taken out of her hand, the prisoner went backwards again, and then brought forward a brick, and threw it, I believe to hit Mrs. Lamb, but it hit a young girl named Mary Welch, and cut her—it was holiday time, and I cannot say but what the women might have had a drop of something to drink which might have caused them to be in this anger.
Cross-examined. Q. Were they both very much excited? A. They were very much in a passion—I cannot say whether they were in liquor or not—there were very few words; they were speaking in a loud, angry tone—I was not there at the time of Osborn's row—the prosecutrix came across the street, and asked the prisoner if she could prove her a w—; the prisoner said she did not want anything to say to her—she kept asking her that, and the prisoner kept going back all the time, and the prosecutrix followed her, and then, when the prisoner got to the passage, she said, "Yes, you b—w—, I can prove you a w—;" and the word and the blow came together—the prosecutrix did not get into the passage, because King was on the edge of the door, and would not let her.
MR. ROBINSON. Q. You say the prosecutrix was rather excited; did she
strike or use any violence whatever? A. No, she did not lift her hand, but I have no doubt she would if she had got a chance.
MARY WELCH . I live at No. 21, Stephen Street, Lisson Grove. On 1st June I was in Stephen Street, and saw Mrs. Lamb bleeding very much—she was standing outside the prisoner's street door, No. 14—I was shoved into the passage by several persons, and I got a blow from a brick; the prisoner threw it—she was at her room door, I was at the street door, and Mrs. Lamb was outside—the brick hit me at the side of the head, and stunned me—I bled, and fell, and was taken to the dispensary.
HENRY ARNOTT . (Policeman, D 123). On 1st June, in consequence of a cry of "Police!" "I went to Stephen Street, and saw Mrs. Lamb and Welch bleeding; Mrs. Lamb had a great deal of blood upon her, her gown was completely saturated—I went into the back parlour, and found there the prisoner, King, and another woman—I told the prisoner she must consider herself in my custody—King made answer, and said it was his place, and I had no business there—I was turned out, and knocked down—when I got up, I saw the prisoner getting out of the window on to the tiles—I got a ladder, and got on the tiles after her, but I was pulled back by the leg by some one, and she got away; she was taken afterwards.
EDMUND CALLAHAN . (Policeman, D 134). I went, at a later period of the day, to the prisoner's house, and found her there—she said she struck Mrs. Lamb, but she was afraid Mrs. Lamb had come to strike her—she said she would go with me, but nobody else.
CHARLES. JAMES MULLER . I am house surgeon at St. Mary's Hospital. On 1st June Lamb was brought there—I found an incised wound about an inch long, and about half an inch deep, on the right side of the head down to the bone—a chopper would have done that—there were also two abrasions on the forehead; they were not serious.
Cross-examined. Q. The bone lies very near the surface there, does it not? A. Yes, the apparent depth arose from the swelling round the wound—I should presume that a sharp chopper used violently would have effected a much more serious injury.
GUILTY. of unlawfully wounding. — Confined Eighteen Months .
PLEADED GUILTY . †— Four Years Penal Servitude.
MR. COOPER. conducted the Prosecution.
DONALD FISHER . I am a messenger at No. 37, Cannon Street, City. On the night of 2nd July, about 10 o'clock, I was in Cannon Street—the female prisoner spoke to me; I tarried with her a little while, or rather she accompanied me towards Suffolk Lane—she then asked me some question, which I answered, and stood for a little while, and when I was moving off I found that my watch was gone; it had a ribbon and seal attached to it—I saw her darting down Suffolk Lane—I tried to follow her, and immediately found that there was a man trying to trip me up—I could not recognize the man; there were two, one was behind me and the other in front; the one who tried to trip me up first did not manage it; the second succeeded, and I fell—I did not observe the features of the men, but the male prisoner is, I think, about the stature of one of them—I got up again at once, and followed the woman.
George Jones. When I went into the station house, he said I was not the man, that it was a taller man. Witness. I did not say so.
JAMES COFFEE . (City policeman, 477). About half past 10 o'clock on 2nd July, I was on duty in Suffolk Lane, and saw the female prisoner in company with the prosecutor—I saw a man standing near them—I watched them—I saw the male prisoner come down Laurence Pountney Hill, turn to the right into Suffolk Lane, pass close by the prisoner and prosecutor, and place himself on the opposite side of the way, close by another man, who was waiting there previously; be stood there a few minutes; she coughed twice, and the man not in custody rushed over towards the prosecutor, and tried to trip him up; he did not succeed, and then the male prisoner went and tripped him up, and put him on the ground—I sang out to the prosecutor as the woman darted away and the other man turned round the corner to the right, "You follow those two, and I will follow the other one"—the male prisoner ran down Suffolk Lane, and I secured him at the bottom; I never lost sight of him—he asked what I wanted him for—I said, "For assaulting a gentleman at the top of the lane, and robbing him," I expected—he was rather violent, and I drew my truncheon, and said, "If you resist, I shall use my truncheon."
George Jones. Q. When you caught hold of me, it was in Cannon Street, was it not? A. I never saw you in Cannon Street—the prosecutor did not say you were not the man.
Prisoner's Defence. What the policeman says is false; the prosecutor said I was not the man, that it was a tall man with a hat on.
GEORGE JONES— GUILTY .† Four Years Penal Servitude.
WILLIAM DENMAN . I am warehouseman to Daniel Nicholson, of No. 51, St. Paul's Churchyard. On 29th June, about half past four in the afternoon, the prisoner came and asked for some bonnet ribbons, which were shown to her by a young woman—I saw her raise her arm up to her shawl, her shawl then twisted round, and I saw her take a piece of ribbon out of a box and place it under her arm—I went round the counter, and said, "Have you got what you require?"—she said, "No"—I said, "You have got more than belongs to you, you have got something under your arm"—I took hold of her hand, and took the piece of ribbon from her—she made no reply.
Prisoner. I had it in my hand looking at it. Witness. I took it from under your arm—I was not serving two young ladies, there were no other customers in the shop.
GUILTY .— Confined Three Months.
DAWSON PLEADED GUILTY .— Four Years Penal Servitude.
CHARLES MARRINER . I am a carter, in the employ of Henry Budd, of Little Stanmore. On this Tuesday morning, between 2 and 3 o'clock, I went into the yard with my master's horses, and saw the prisoners run round the rick; one had a black coat, and the other a smock—I jumped off my horse, ran down to the stack of beans, and it was just on fire, and had only been burning a minute or two—I ran after them a little way, and then tried to put it out, but could not—I then ran after the men—they ran into a field and parted, one went towards Edgware, and one towards Harrow; I followed Dawson and took him—I saw Gardner in custody about 7 or 8 o'clock in the morning—the rick was burned down.
JAMES RICHARDS . On 16th June, about half past 3 in the morning, I was on duty in the neighbourhood of Edgware, and saw Gardner coming up a lane nearly a mile and a half from the prosecutor's house—I said, "Stop, my man, I think you are a deserter"—he said, "No, I am not"—I said, "I believe you are," and asked him whether he had ever been in the army—he admitted that he had, and was discharged for bad conduct—I said, "Where is your discharge?"—he said, "I have torn it up"—I said, "You must go with me"—he said, "Well, it is no use my hiding the fact, I have been at Edgware, and me and my mate set fire to a rick by lighting our pipes"—I said, "You are mad to talk like that, as I have only just come from Edgware"—I afterwards went to Edgware, and found that a rick was burned.
Gardner. Q. Did I say that we had done it by lighting our pipes? A. Yes; you did not say that your comrade had unfortunately done it—the constable who heard it is not here.
Gardner's Defence. I had no pipe, and I never smoke; I was twenty yards from this young man; he went behind the two stacks to light his pipe, and when I was 200 yards from the place it was burning; this gentleman came up, and hallooed; the man ran away, and I followed him; when the policeman stopped me, I told him all about it; the young man owned that he set it on fire when he was first taken, but I was 200 yards away from him.
CHARLES MARRINER . re-examined. I saw both the prisoners go behind the hay rick—they had about 100 yards to run from the farm to the rick, and when I saw them again they were close together, and close to the fire—there was no time for one prisoner to have gone away, and come back again—part of the hay stack was burned down—I did not find them both on fire when I got there; the hay stack caught from the beans.
GARDNER— NOT GUILTY .
(The evidence was interpreted to the prisoners.)
BENJAMIN BARBOW . I am a tailor, of No. 232, Oxford Street. On 16th June, between 9 and 10 o'clock in the morning, the prisoners came in—Rigi spoke English, and asked to look at some trowsers in the window—only one of them spoke to me, and I did not notice whether they spoke together, but I am sure they came in at the same time—while Rigi was looking at the trowsers I missed the other prisoner—my nephew made a communication to me, and a piece of cloth was shown to me which was my property, and which had been safe, I believe, that morning, though I had not noticed it in preference to other goods—here is a sample which I have brought.
BENJAMIN BARBOW ., Jun. I am a nephew of the last witness, and am in his employment. I was in the area on 16th June, between 9 and 10 in the morning, and saw the prisoners standing talking on the kerb of the pavement—I saw them go into the shop, and in about five minutes I saw Pallasano leave—I went into the shop and spoke to my uncle; I then pursued Pallasano and caught him ten or twelve yards from the shop—I could see a piece of cloth projecting from under his coat, with a ticket on it of the party that it was bought of—I touched him on the shoulder, and said that he was wanted at the shop—he said, "Want me!"—I said, "Yes, you have some of our cloth under your coat;" I pulled it, and he took fresh hold of it, before he could walk back with me into the shop—Mr. Barrow gave him into custody.
Pallasano's Defence. I am a poor foreigner; I came into the shop, and was looking at this man who was buying something, but I did not steal it—if I had been a thief I should have got away, and not have stood there—the cloth was not found on me; I walked back to the shop, and the gentleman took a piece of cloth, and said, "Here, you have stolen it;" but it was out of my reach, and I could not take it.
Rigi's Defence. I am entirely innocent, I know nothing of the other man, or of the cloth; I went to buy a pair of trowsers, and they accused me; I came from Birmingham only a week ago, and know nobody here.
RIGI— NOT GUILTY .
PALLASANO— GUILTY .—He was further charged with having been before convicted.
Pallasano. That is true.
GUILTY.— Confined Twelve Months.
MR. LILLEY. conducted the Prosecution.
JOHN PRICKMAN . I am messenger to the Era Insurance Company, and live at No. 25, Old Jewry. On 30th June, about 10 o'clock at night, I met the prisoners in Moorgate Street—Goodwin staggered against me, as if she was intoxicated—she asked me to give her a glass—I told her I thought she had had one too many already, and told her to go home—she had hold of my arm; I drew it away, and felt a jerk at my guard, which was round my neck, forced myself from her, and missed my watch, which was safe not two minutes before—I laid hold of her, till a policeman came, and gave her into custody, then ran after Ricker, detained her, and gave her into custody—she said that she had not got my watch—I said, "I did not say that you had"—I had only said, "I must detain you; I have lost my watch"—I gave 6l. 10s. for it.
Cross-examined by MR. METCALFE. Q. Was this in the main road? A. Yes, in Moorgate Street, within a few doors of my home—it was not in a court; it was at the corner of King's Arms Yard, in Moorgate Street—I did not go down King's Arms Yard—Goodwin endeavoured to get me down a turning, and I resisted—they were both close together, but Ricker did not touch me—my watch was in my right pocket, and Goodwin laid hold hold of my right arm—I had not been drinking; I had only left my home half an hour, on business for my family.
THOMAS SLACK MUMFORD . (City policeman). On 30th June, about 10 o'clock, I saw a crowd in Moorgate Street, and Goodwin was given into my charge—I saw her pass something to Ricker, who immediately ran away, and Farmer went after her—I took Goodwin to the station—she was very violent, and fell down, and bit my legs, struck me about the face, and made my nose bleed—with assistance, I got her to the station—she was the worse for liquor—she gave her address No. 12, Cornwall Road—there is such a place, but I could not find her there.
Cross-examined. Q. Where was Prickman when one woman handed something to the other? A. Close to me—I was between him and them, and Ricker ran away not a quarter of a minute afterwards.
WILLIAM JOHN FARMER . (City policeman, 147). On 30th June, about 10 o'clock at night, I saw a crowd at the corner of Fore Street, and took Goodwin into custody—she was pointed out to me by a brother officer—I
also took Ricker, and on the way to the station she several times held out her right hand to the passers by—at the station she had this watch in her hand, and said, "I will give it to the gentleman."
Ricker's Defence. I picked the watch up, and I told the inspector so; I never went near the gentleman; I stood at the top of the yard while he and this young lady were down the yard.
GOODWIN†— GUILTY. of Stealing.
RICKER— GUILTY. of Receiving.
Confined Twelve Months.
PLEADED GUILTY .— Confined Nine Months.
776. ALFRED BALLARD (18) , Breaking and entering the counting house of George Thomas Thompson, and stealing therein 7 silver coins and 5 copper coins, value 10s. 3d., and 4l. 10s. in money; the property of George Thomas Thompson: also, stealing 1 pair of spectacles, 1 knife, and 1 key, value 1l. 10s. 7d.; the goods of David Andrade: to both of which he
PLEADED GUILTY .*— Confined Two Years.
777. FREDERICK BATHO (29) , Stealing, on 17th June, 4lbs. weight of copper wire, value 4s., and, on 25th June, 2 1/2 lbs. weight of copper wire, value 2s. 6d.; the goods of the East India Company, his masters.
MR. MAULE. conducted the Prosecution.
JAMES RATCLIFFE . (City policeman, 375). On 25th June I was with Brett, a detective officer, and Evans, at the East India Company's stores, Leadenhall Street, and saw the prisoner come out about 4 o'clock in the afternoon—I followed him to No. 43, Plummer Street, City Road, and saw him enter a house—I waited about an hour, and he came out with this handkerchief in this condition—I followed him to a brass founder's, William Olney's, in Ratcliffe Row—Evans and I went in, and I asked the prisoner what he had got in the handkerchief, which was still in his hand; he put it on the counter, and said, "It is only little bits of copper wire which fell off the wagon; I did not think there was any harm in it, having seen a great deal of it swept to the dust heap;" that he worked at the stores of the East India House, Leadenhall Street, and that was where he got it—I weighed it, and there was 2 1/2 lbs.—I took them to the station.
WILLIAM OLNEY . I keep a brass founder's shop, No. 3, Ratcliffe Row, John's Row, St. Luke's. On 25th June, Ratcliffe and Evans came—the prisoner was there, with this bundle of copper wire in his hand—I knew him by sight, he had been there several times—I did not buy it—the officer asked me to weigh it—the market price for old copper is 10d. per lb.
MARY OLNEY . I am the wife of the last witness, and know the prisoner. On 17th June he came to sell some copper wire of this description—it came to 2s. 6d. at 10d. per lb.—he gave no account of it at that time.
Cross-examined by MR. SLEIGH. Q. Did you ask him for any account of it? A. No—we frequently buy cuttings from work people, they are only used for melting.
ALFRED HOWELL . I am in the employ of the East India Company, at No. 108, Leadenhall Street. The prisoner was employed in the same ware-house—strips of copper are stored in that warehouse, which are bound
together with this wire, which is not removed from the stripe—I have been employed by the Company about three months—no one has a right to remove copper from the premises—I never saw strips of copper swept away—I have seen the prisoner wrench the wire off the bands with an instrument within four or five weeks of this time; he threw them down by the side of him.
Cross-examined. Q. Are the strips of copper removed from one place to another? A. They are removed from the wagon into one room, and again when they are sent down for shipment, but they are put into cases first—it is very seldom the case that the wires are cut by the bundle of copper bars in moving, and tumble off; I dare say it does occur—I have seen them broken sometimes, but nothing like this quantity; perhaps I may say that once a week I have seen one or two small pieces, such as you hare in your hand—different numbers of men are engaged at different times—I did not take notice whether the instrument the prisoner used was a chisel or a knife—I thought it was a very improper act, but did not wish to get the prisoner into disgrace, and did not mention it; I mentioned it to one man, but not to my superior officer—I mentioned it to Ratherbee—the prisoner came there after me—I did not know him before he came into the service—when he wrenched the copper off men were working in the room, a man named Anderson was there, and Dale; I believe they are not here—I said before the Magistrate and before the Grand Jury that I saw him wrench the wire off with an instrument—I cannot say whether I said so before I went before the Magistrate—the prisoner has said that I picked up the bands and appropriated them to myself and I wish him to prove it; it has never been suggested by anybody else—Ratherbee is outside.
MR. MAULE. Q. What is the course the copper goes through? A. There are four bands round each bundle of strips; they are removed in four-wheeled vans; they are taken from the vans in a truck to the dark room, and stored there—they are afterwards packed in cases in the ware-house, which are marked, and sent away for shipment—they are not removed in separate bundles.
JAMES RATHERBEE . I am a labourer in the employ of the East India Company at Leadenhall Street, in the same warehouse as the prisoner, and on the floor where these strips of copper are stored—I do not know how long he has been there; I have only been there a month or five weeks—on Wednesday, 17th June, I saw him wrench off some bands of copper from the bundles, and place them in his pocket—nobody had any right to take copper wire off the premises—I have never seen any of it swept away as waste—the bundles are never severed; they are tied up with four bands, and they leave the warehouse in the same condition—when I saw this I made a communication the next morning to Mr. Rodney, the inspector of stores.
Cross-examined. Q. Had any person made any communication to you about the prisoner, previous to your seeing him wrench off the wire? A. No, but afterwards, on Tuesday, the 16th, Howell told, me about it going home—the prisoner wrenched off the wire with a kind of little crowbar or iron chisel—that was done in the upper room—a man named Rose was present, and other persons; I do not know their names, as I have not been in the employ long—there is nobody here to-day who was here on the 17th—I did not tell Mr. Rodney a word about a crowbar or instrument having been made use of—I said at the Mansion House that the prisoner wrenched them off—it was similar to a crowbar, but smaller—I never mentioned
about an instrument to any person before—before I went to the East India Company's I was in the service of Mr. Reynolds, a hatter, of No. 128, Strand—I have been in the police—I was discharged because I got a little drop of drink—I have also been in the service of a railway company, and had the misfortune to be discharged there also.
MR. MAULE. Q. Would you like to explain why you left the police? A. Yes; I got a little drop of drink with a friend—I was discharged from the railway on account of a reduction of trains; I was a guard—I got the situation of a policeman, and one of the porters said that he would get me into a difficulty if he possibly could; I struck him, and he took me before Seymour Clarke—I told Rodney I had seen the prisoner wrench off two or three bands of copper—I used the word "wrenched."
GUILTY.—Recommended to mercy by the Jury. — Confined Six Months .
JOSEPH SORRELL . I am one of the deacons of Old Ford Chapel. Last Monday fortnight, about 7 o'clock in the morning, I received information from a policeman, went to the chapel, the door was open, and on entering I found a looking glass and two prints behind the door—they had been in the vestry the evening previous—the poor boxes had been violently taken from their places, and their contents abstracted—I know that there had been money in them—I had left the door double bolted inside, and the person who went out last, went by the vestry door—the property belongs to the Baptist church, meeting in the chapel—I am one of that body—these (produced) are the articles.
THOMAS CORRIGAN . I am a labourer, of Clay Hill Place, Old Ford. Last Monday fortnight, at 20 minutes to 7 o'clock, I saw the prisoner come out of the chapel—I have known him ten years—I gave information to a constable.
Prisoner. This man has been convicted of felony, and suffered eight months in the House of Correction. Witness. I was convicted here about ten years ago; it was through a drop of drink—I have been hard at work since then—I have never been taken up since for dishonesty; I have for being drunk.
JOSEPH HOLDEN . (Policeman, K 427). I took the prisoner on the 24th, and told him that it was for breaking into Old Ford Chapel—he said, "Do they blame me for that?"—I said, "Yes"—he said, "Who is going to charge me?"—I said, "Mr. Sorrell"—on the way to the station, he said, "Is b—Corrigan coming against me?"
Prisoner. It is not likely that I should go up to him, and ask him what he wanted with me. Witness. You did not do so: there were three police-men after you across the marshes.
He was further charged with having been twice before convicted.
JOSEPH HOLDEN . re-examined. I produce two certificates—(Read: "Central Criminal Court; George Burrell, Convicted Feb., 1851, of stealing a watch and chain, having been before convicted; Confined One Year." "Clerkenwell Sessions, Feb., 1853; George Burrell, Convicted of stealing a coat, waistcoat, and trowsers, having been before convicted; Transported for Seven Years")—the prisoner is the person, I had him in custody—he is out on a ticket of leave, and since he has been home he has been on a wholesale system of robbery.
GUILTY.**— Six Years Penal Servitude.
NEW COURT.—Tuesday, July 7th, 1857.
PRESENT—Sir GEORGE CARROLL., Knt., Ald.; Mr. Ald. CHALLIS.; Mr. Ald. CUBITT.; Mr. Ald. HALE.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .*— Four Years Penal Servitude.
PLEADED GUILTY .— Confined Three Months.
COSTELLO PLEADED GUILTY .— Confined Two Years.
MESSRS. ELLIS. and BODKIN. Conducted the Prosecution.
(The prisoner, being a German, had the evidence explained to him by an interpreter.)
THOMAS BROWN . (Policeman, A 351). I produce a certificate of conviction—(Read: "At this Court, Nov., 1856, John Phelan was convicted of uttering counterfeit coin, and sentenced to six months imprisonment")—I was the officer in the case and was present at the trial—the prisoner is the man.
THOMAS PRATT . (Policeman, A 311). On Friday, 12th June, I saw both the prisoners together, about half past 7 o'clock in the evening, walking in Leicester Square—I received information, and watched them, and saw them look into several shops—they looked into Mr. Bradley's, No. 6, Cranbourn Street—the woman then left the man, and went in, and the man crossed to the opposite side of the way—they had been together full ten minutes before, walking and talking and looking into different shops—I waited at the shop door till Mr. Bradley came to the door—I told him something—the woman had not come out—Mr. Bradley called me again, and gave me the woman in charge, and gave me this half crown—I then went to the
man, and brought him to the shop—I told him he was connected with the woman in uttering counterfeit coin at No. 6, Cranbourn Street—he said he knew no woman and knew nothing about it—I took him into Mr. Bradley's, and as we got inside I had hold of his hand, and with his other hand he threw a paper on a box, and a half crown fell out of the paper—I searched him; he had nothing on him but good money—I took him to the station—I produce three half crowns; Mr. Bradley gave me one afterwards.
Prisoner. Q. If you saw me throw away half crowns, why did not you pick them up? A. I picked up one; I saw you throw a paper away—I cannot say that you had been in company with this female before I saw you.
ELLEN SUSANNAH MOORE . I am assistant to Mr. Bradley, a draper, in Cranbourn Street The female came in on 12th June, about half past 7 o'clock in the evening—she asked for a pair of socks; they came to 3 1/4 d.—I served her; she gave me a half crown—I handed it to Mr. Bradley; I saw him try it—he told the woman it was bad—he went to the door, and the policeman came in and brought the man, and the constable said he had thrown some bad money on the table, and in about five minutes afterwards I found in that quarter of the shop a paper containing two half crowns, the paper was partly open—I gave the half crowns to Miss Bradley—the prisoner had been taken away before they were found.
Prisoner. Q. Could you recognize the half crown that the woman offered to you? A. Yes, this is it.
MR. BODKIN. Q. Had anybody else an opportunity of throwing the half crown there after the prisoner came in? A. No.
THOMAS BRADLEY . I am the owner of the shop No. 6, Cranbourn Street. I saw Miss Moore serve the female with some socks—I received a half crown from Miss Moore; I found it bad—I received two half crowns from Miss Bradley; I gave them to the constable—he had four altogether; one he picked up, and three I gave him—I called the constable in, and he gave me some information—he went and brought the man in—he said the man had thrown something away; I did not see it thrown.
ELIZABETH PAINTING . (examined by the prisoner). I received a half crown from the woman on 12th June, at 7 o'clock in the evening; I gave it back to her, as it was bad—I do not know what became of it—she left the shop—it was a King William half crown—these are all King William half crowns—I really think this is the one, this one, that she passed in Cranbourn Street—I did not see you there.
(The prisoner Veolett put in a written defence, stating that he must have received the bad half crown some days before at a grocer's shop in Dalston, where he had purchased some things; that on the day in question he met the prisoner, whom he knew; on her being taken into custody about a half crown, and having the bad one in his possession, he threw it away, but knew nothing of any other.)
VEOLETT— GUILTY .— Four Years Penal Servitude.
MESSRS. ELLIS. and BODKIN. conducted the Prosecution.
MARY MARSHALL . I am assistant to Mr. Rich, a confectioner, on Ladgate Hill. On 8th June, about 5 o'clock in the afternoon, the prisoner came, and bought a penny bun—she offered me a bad shilling, I bent it, and gave it back to her—I afterwards called in the officer May, and the prisoner gave him the bad shilling, and he gave it to me—I put it away in a paper—on the Thursday afterwards another officer came to me, and I gave him the shilling.
Prisoner. I was not in the shop on 8th Jane. Witness. I am sure she is the person.
DANIEL MAY . (Policeman). I was called in by the last witness, and found the prisoner there—Miss Marshall stated that she had given her a bad shilling—I asked the prisoner for it; she gave it to me, and I gave it back to Miss Marshall.
FREDERICK KENDALL GLOVER . I keep a shop, at Nos. 11 and 12, Ludgate Hill. On 18th June, between 2 and 3 o'clock, I saw Harriet Machin serving the prisoner—I was called by some one; I went, and saw a 5s. piece on the counter; I had it put into the detector, it was bad—I went to the prisoner, who was in another division of the shop—I asked her if she had any other money, and if she had offered that 5s. piece—she said she did not know it was bad—I called in a policeman, gave it to him, and gave the prisoner in charge.
HARRIET MACHIN . I am assistant to the last witness. The prisoner came there on 18th June, for a belt and a pair of stockings; they came to 1s. 5 1/2 d.—she offered me a 5s. piece; I saw it put in the detector and marked—this is it.
THOMAS FAWCETT . (City policeman, 347). I was called on 18th June, and found the prisoner charged with passing a bad 5s. piece—I asked her where she lived; she said, "Near Aldgate Church"—I took her to the station; she was asked there where she lived, and she said that she did not know—she was searched, and 4 1/4 d. was found on her, a small looking glass, and some scented soap—I received this 5s. piece from Mr. Glover, and this shilling from Miss Marshall.
Prisoner's Defence. I am quite innocent of passing the shilling; I had the 5s. piece given to me, not knowing it was bad.
NOT GUILTY .
CATHARINE CLARIDGE PLEADED GUILTY .— Confined Twelve Months.
MESSRS. ELLIS. and BODKIN. conducted the Prosecution.
GEORGE SHARPE . I am errand boy to Mrs. Holt, an embroideress, in Duke Street, Grosvenor Square. On 14th April she sent me with Catharine Claridge to carry a parcel and 11s. 6d., and I was to bring back a sovereign—when we got to Lower Grosvenor Street, I saw William Claridge on a door step—Catharine said to him, "Have you got a sovereign, dear?"—he said, "Yes, I think I have"—he took out his purse and gave her a sovereign, and she gave that sovereign to me—I gave her the parcel and the 11s. 6d. change, and she gave me 4d. for myself—I went back to my mistress, and gave her the sovereign I had received.
Prisoner. Q. Do you say I am the person who gave the bad coin? A. Yes—it was in the evening, between the lights; the lamps were lighted—I took the sovereign to a shop in Davies Street, and asked them whether
it was good or bad; I then took it to my mistress—I did not mark it; my mistress did—I saw you again at Marlborough Street last Monday; I wag not at Marylebone station—I said that I could not swear to you at first, but after a bit I could, when you came up stairs—when you came outside I knew you—I am quite sure you are the man—the policeman said to me, "Don't say before you are sure."
MR. BODKIN. Q. When he came outside, was there light enough for you to see him? A. Yes—I did not know at first sight that I should know him, but afterwards, when he came into the clerks' room, I said, "That is the same man"—I am sure that the sovereign I gave my mistress was the one the prisoner gave me; I had kept it in my sight all the time.
JURY. Q. How old are you? A. Fifteen—I can read and write.
AGNES HOLT . On 14th April I gave the last witness 11s. 6d.—I did not give him a parcel, but he had one—he was to go with the lady—when he came back he gave me a bad sovereign; I wrapped it in a paper and locked it up—I marked it when the policeman came and took it away.
SELINA CLAYTON . I am in the service of Madam Donath, who deals in Berlin wool. On 28th April she gave me directions to go with Catharine Claridge—I was to take a parcel and 13s. 2d., and to bring back a sovereign—as we were going along Hereford Street we met William Claridge, and Catharine Claridge said to him, "Oh! my dear, are you going out? have you got a sovereign in your pocket you can lend me, to save my going up stairs?"—he said, "Yes, I think I have"—he took out his purse, and gave her a sovereign, and she gave it to me—she asked him if he had any pence in his pocket, and he gave her 2 1/2 d., and she gave it to me—I bit the sovereign, and found it was bad—(I had given up the parcel and the change before)—I took the parcel and the change away from Catharine Claridge, and I said, "This is a bad sovereign"—William Claridge said, "If it is I will give you another one"—he opened his purse, and gave me another—I bit that, and found it was bad; I returned it to him—he gave me some more, I do not exactly remember how many, but more than one—I bit them all, and they were bad—I gave them back to him—I said, "I will go back, they are bad"—I was going back, and William Claridge ran after me, and said, "If you don't give me the parcel and the money I will kill you"—he took the parcel and the change from me, and put a sovereign into my hand, and went away—I felt the sovereign, and it was bad—when I got to the corner of the street I showed it to a man—I did not lose sight of it—when I got home I gave it to my mistress.
William Claridge. Q. Was it dark? A. It was between the lights—it was in Hereford Street—there were no people there, only the cab men—I allowed you to take these things from me, because I was frightened—you ran after me about four or five yards—I could not say whether you walked or ran away.
MR. BODKIN. Q. When you saw him did you recognize him as the person? A. Yes—I have no doubt whatever of him.
LINCE DONATH . On 28th April I sent the last witness with the parcel; she was to bring me a sovereign—she brought me one, which she told me was bad—I took it to the station, and gave it to a constable, who marked it in my presence, and gave it back to me—I took it home, and wrapped it in a piece of paper.
ELIZA SWAN . I am the wife of James Swan, and keep a milliner's shop near Regent's Park. On 14th May Catharine Claridge came, at dusk, and I served her with a head dress and a cup front—they came to 7s. 3d.—they
were to be sent to South Bank, with change for a sovereign—I sent my lad with the things and the change—in about half an hour he came back with a bad sovereign, which I afterwards gave to the officer Knowles.
THOMAS SMITH . I am thirteen years old, and an errand boy to the last witness. On 14th May I was sent out with the parcel and change to South Bank, with Catharine Claridge—as we were going we met William Claridge, and Catharine Claridge said to him, "Have you got a sovereign?"—he said, "Yes," and took a sovereign out of a purse in his pocket, gave it to her, and she gave it to me, and gave me 2d. for myself—I gave them the parcel and the change, and took the same sovereign to my mistress.
Prisoner. Q. Was it dark? A. Yes, it was between 8 and 9 o'clock—I do not know how long it was afterwards before I saw you again—the policeman fetched me—I saw you by yourself—he said, "Is that the man?"—I said, "Yes"—T knew you directly.
MR. BODKIN. Q. When you met the prisoner was the gas alight? A. Yes—there were not many people about—I went to John Street station to see the prisoner—I said the prisoner was the man—I knew him directly I saw him.
ARABELLA RADDALL . I live in Regent Street. On 18th May Catharine Claridge came to my shop, and purchased a collar—it came to 7s. 9d.—she told me to send change for a sovereign and the collar to No. 7, Soho Square—she went away, and the same evening I sent my errand boy with the collar and the change—he came back, and gave me a bad sovereign—I saw it marked and given to the constable on 13th June.
JAMES COOMBS . I shall be fourteen years old on 27th Aug. I was in the service of the last witness, but have left—on 18th May I was sent with a parcel and change to No. 7, Soho Square—I met the prisoners in Soho Square, they both asked me whether I was going to No. 7—I said, "Yes"—they said that they had been waiting a very long while for it, and were just coming from Miss Raddall's, where they had been for it—they asked me if I had change for a sovereign—I told them I had, and Catharine Claridge said to the prisoner, "Have you got a sovereign, dear?"—he said, "Yes, dear, I think I have"—he pulled out his purse, and gave me a sovereign—I gave the change and the parcel to Catharine Claridge—they gave me 3 1/2 d. for myself, and went away together—I went home, and gave the sovereign to my mistress—she said that it was bad.
Prisoner. Q. How long ago is it? A. Three weeks or a month ago—it was between 9 and 10 o'clock at night—I knew you by your face directly I saw you—there was a cabman and another man in the cell.
THOMAS KNOWLES . (Policeman, G 200). I produce a sovereign I received from Madam Donath, one from Mr. Holt, one from Mrs. Swan, and another from Mrs. Raddall—I took the prisoner William into custody in Broad Street, St. Giles's, on 19th June; I told him it was for uttering a counterfeit sovereign to Mr. Swan—he said, "I am innocent, and that you will find out"—I searched him, and found on him 12s. 10 3/4 d., all good.
Prisoner. I should like you to see the teeth marks on the sovereign.
Witness. Here is a mark over the head on this one made by a tooth certainly—here is another also marked with a tooth.
William Claridge's Defence. There are many hundreds like me, and it is not likely that these boys could recognize me so long afterwards; the first boy did not know me at first, and that young woman who saw me in
the street might have cried out, and had a hundred persons round her; no one can tell what it is to be placed in the situation in which I am now; I am quite innocent of it.
GUILTY .— Confined Two Years.
NOT GUILTY .
MR. LEWIS. conducted the Prosecution.
SARAH WRIGHT . I am a widow, and live at No. 6, Endsleigh Street, Tavistock Square. I have the charge of that house, and of No. 5—on 11th June, I went out about 9 o'clock in the evening—I had shut the kitchen door and locked the area gate—I returned at 10 o'clock—I unlocked the area gate and got in, but I could not open the kitchen door—it was fast—I turned the key, but could not get in—I had only shut it, but not locked it—I returned and went to No. 5—I unlocked that house and got in—I got the steps and got in at the library window of No. 6—I looked below and saw no one—I saw the property in the dining room was all right—I went down to the kitchen door and found it was locked, some one had entered and bolted me out—there was china and glass, and a great many different things in the house, and a bed of mine—I found nothing had been touched.
Cross-examined by MR. M. J. O'CONNELL. Q. How did you get in? A. I went back to No. 5, and got the steps and got over the wall—I do not know how high the wall is—I cannot look from one garden to the other without standing on tiptoe—I did not take the steps over—there was a large garden roller, on which I stepped—I got on the top of the railings and raised the window of the library.
EMMA WALLIS . I am servant to Mrs. Mocatta, No. 4, Endsleigh Street. On 11th June, at half past 10 o'clock, I was at my bedroom window, the attic window—the servant pulled the blind up and called my attention to a man on the roof—she saw a man on the roof—I got up out of bed and saw two men on the parapet below my window—I went down to my mistress, and she wished me to go out for assistance—I went out, but could not see a policeman—I went to the fireman.
Cross-examined by MR. M. J. O'CONNELL. Q. Did you leave your fellow servant in the room by herself after she had alarmed you? A. Yes.
Cross-examined by MR. RIBTON. Q. What time was this? A. Half past 10 o'clock—I think it was not a policeman on the roof—there were two men—I am the cook—I and my fellow servant were in the room—it was the housemaid who saw the man first—I suppose she was alarmed—I was alarmed at first—I will not undertake to say that the men I saw were not policemen.
ANNA MARTIN . I am servant to Mr. Stuart, No. 1, Endsleigh Street On 11th June, I accompanied the policeman to the top of our house, about 11 o'clock at night—I found the attic window was open—I had closed it perhaps an hour before—I observed a mark on the toilet cover like a footmark, and the glass had been removed from the table on to the bed—I discovered this cap (producing it) in the room—it was on the floor and was picked up by the policeman—this is the toilet cover with the mark on it.
Cross-examined by MR. M. J. O'CONNELL. Q. Who was the policeman that went up with you? A. I believe his name is Brown—I had never seen
him before—it was about 11 o'clock—it might be a few minutes after—I think I had shut that window about 9 o'clock—Mr. Stuart had let one policeman in before I went down—one policeman went into the back garden while one went up with me.
Cross-examined by MR. LILLEY. Q. Did you and the policeman go up alone? A. No; Mr. Stuart went up—he was in the room when the cap was picked up—I had shut the window of that room myself, but had not fastened it—I observed the glass had been removed to the bed, and the little iron grating had been pushed back—it had not been fastened.
COURT. Q. How could any one get to that window? A. By coming along the parapet.
HENRY STUART . I occupy the house, No. 1, Endsleigh Street, Tavistock Square. I had gone to bed about 11 o'clock on the night of 11th June—I afterwards heard the bolt of the street door drop down, and the street door slam to, and the shutters of the parlour window open—I got up and looked out of the window, and saw the policeman outside the door—I went down stairs and found the parlour door wide open, which I had previously closed—I found the back parlour window also wide open—I opened the street door and let in the policeman—I saw him pick up a bundle on the door mat—I did not see what the bundle contained—on the following morning, I searched the roof of my house and found a rope ladder—this is it—I also saw a cap found in my back attic—when I went to bed my front door was closed and fastened.
Cross-examined by MR. M. J. O'CONNELL. Q. Did you see it fastened? A. I saw it was fastened when I went to bed—it was about 5 minutes past 11 o'clock when I first heard the bolt drop—it is a large heavy bolt, it dropped with a great noise, and I heard the hall door bang to—I heard the shutters open within a few seconds afterwards—I was getting up to ascertain what was the noise—I did not dress at all—I examined the lower part of the house without dressing—I dressed myself before I went up stairs, which was in five or ten minutes afterwards—I found this rope ladder in the morning in the gutter at the back of the house.
Cross-examined by MR. RIBTON. Q. Was this on 11th June? A. Yes; I have been alarmed since then, it was an alarm of thieves—the policeman came about 11 o'clock—they searched the house and found no thieves, it was a false alarm—several windows were opened—some persons called out, "Thieves!"—the police searched the roofs of all the houses in the row—I found the rope ladder in the gutter under the parapet.
EDWARD BROWN . (Police sergeant, E 10). About 11 o'clock at night, on 11th June, I went with Mr. Stuart to the top of No. 1, Endsleigh Street—I found the house had been entered by the back attic window—I saw the window open, and on the toilet cover I found this cap, which just fits Stevens' head, and I found a crowbar in the garden of a house, No. 51, which comes to the back of No. 1, Endsleigh Street.
Cross-examined by MR. M. J. O'CONNELL. Q. Might a man throw this crowbar from a distance? A. Yes, some distance, no doubt—it had made three or four impressions on the garden mould—I cannot say whether it had been dropped—it had made no dint.
Cross-examined by MR. RIBTON. Q. Are you the policeman who went up with the servant to the attic? A. Yes—I went on the roof; and walked on for about two houses—Mr. Stuart's house is No. 1—I went over Nos. 2 and 3—I stopped because I heard that the thieves had gone through the house into the back garden—it is possible to pass from one garden to the other without going through the houses—if you are. in the
garden, of No. 5 or No. 6, you can get into the garden of No. 1—Mr. Stuart gave me this rope ladder the next morning—I did not see it found—when I went down from the roof, I went through No. 2—I called to the servant; she came and opened that window, and let me through.
JOHN RANDALL . (Police sergeant, E 26). I was called to No. 1, Endsleigh Street on 11th June, about 20 minutes before 11 o'clock at night—I stationed myself opposite No. 1—shortly afterwards I saw the street door opened for me; I went in, and found Mr. Stuart in the bottom part of the house—I found on the door mat a small bundle, twelve keys, a knife, a small candle, and this jimmy—these are all things used by burglars—the back parlour window was open—I went down to the door and into the back yard; I discovered two distinct foot marks under the garden wall—there is a low wall there—it can be jumped from very easily.
Cross-examined by MR. RIBTON. Q. Were the marks close to the wall? A. Along the sides of the bed, just as any one would jump to get over the wall—I watched the house from the alarm I had heard—there was a false alarm two nights after this.
ROBERT CLACK . I am an oilman, and live in Hackney Road. On Wednesday, 10th June, between 3 and 4 o'clock, the prisoner Henrick and another man came to my shop together, and purchased some cord; twelve yards of one kind, six yards of a smaller kind, and two balls of twine—this ladder is made of rope precisely similar to the rope I sold to Henrick.
Cross-examined by MR. RIBTON. Q. You would not undertake to swear it is the rope? A. No—I suppose rope of the same sort might be purchased at any ropemaker's—I had not seen Henrick before, to my knowledge—there was no one in the shop but him and another who came in with him—I suppose he was five or six minutes in the shop—I did not see him afterwards till he was at the station—the policeman came to my shop about ten minutes after, and asked if there had been some young men there to purchase some rope—the policeman came to me, and took me to the police court—I saw the two prisoners at the bar of the police court—the policeman asked me if they were the men.
COURT. Q. Is Stevens the second man who was in your shop? A. I could not swear that he is or is not.
THOMAS MAVETY . (Policeman, N 43). On 10th June I went into Mr. Clack's, and had some conversation with him—before I went in I had seen the two prisoners at the shop door, examining some rope—I watched them for some time, and saw them both go into the shop—I saw them leave, and they walked away together—I am quite certain they are the persons.
Cross-examined by MR. M. J. O'CONNELL. Q. How long have you been in that division of the police? A. Nearly eleven years—I first saw these two men when I was on the opposite side of the road; I then went into a public house—my motive was not to allow the prisoners to see me, lest they might recognise me—they were dressed somewhat similarly to what they are now, only they had hats on.
THOMAS HARLEY . (Police sergeant, E 8). On 11th June, I arrested Stevens in the garden of No. 22, Tavistock Square—I saw him crouching under the wall—it was about 11 o'clock—he had not been assisting the police in any way.
Cross-examined by MR. M. J. O'CONNEL. Q. How do you get to No. 22? A. From the garden of No. 23—I got there from the back of other gardens—I went over some walls, and walked on the top of some walls till I came to No. 23; I then descended into the garden—I first got there from No. 1,
Woburn Place, by the gentleman opening the door—I climbed on the first wall—there was a fire escape man in No. 22—there were a few policemen about—there had been an alarm of thieves before—a good many people were about—I found Stevens in the furthest part of the garden from the house—he was crouching under the wall—I was looking over the wall—the gardens communicate one with the other—I had passed by the centre wall which extends along the whole of the gardens between Endsleigh Street and Woburn Place—Stevens had a cut on the forehead—he was the only person in that garden.
CHARLES CUMBER . (Policeman, E 159). About half past 11 o'clock that night, after scrambling over several gardens, I found myself in the garden of No. 10, Endsleigh Street—I there found Henrick—he was very much hurt—I took him to University Hospital—I found on him this picklock and some matches.
Cross-examined by MR. RIBTON. Q. Can any one get in these gardens without going through a house? A. Not from Endsleigh Street, but they might from Woburn Place by getting over a wall—Henrick was about fifty yards from Woburn Place—he must have got over four or five yards—by getting over the wall he might pass from one garden to the other—there was great confusion, and a great many people about.
Cross-examined by MR. M. J. O'CONNELL. Q. Where had you been? A. On the roof from No. 1 to No. 12—I never entered the house No. 1 till I got to the bottom part—I got on the garden wall from No. 1—I passed the whole way on the front of the roof—the fire escape man was at the back—we could not see each other over the roof—Stevens was bleeding in the forehead—there were a great many people in the street, and policemen all round.
RICHARD CHECKLEY . I am a police inspector. I went to the hospital, and saw Henrick lying on the bed—I told him he was charged with burglary—he said, "I am not guilty"—I said, "At all events you were there"—he said, "I did not enter the house."
Cross-examined by MR. RIBTON. Q. Was he very weak? A. I should say he was—he complained that his spine was hurt—he was there till the following Sunday—I took him away on Sunday night—he was confined in the cell till Monday morning, and then taken before the Magistrate.
(The prisoners' statements before the Magistrate were here read as follows: Henrick says:—"If you will deal with me here I shall be very thankful; It is my first offence; I will leave the country after any sentence passed upon Me." Stevens says:—"I went into the house hearing a cry of thieves; I fell from a wall and hurt myself, till the policeman found me.")
STEVENS*— GUILTY .— Four Years Penal Servitude.
HENRICK— GUILTY .— Confined Twelve Months.
(There were two other indictments against the prisoners.)
OLD COURT.—Wednesday, July 8th, 1857.
PRESENT—The Right Hon. the LORD MAYOR.; Mr. Justice WILLIAMS.; Sir GEORGE CARROLL., Knt., Ald.; Mr. Ald. FARNCOMB.; Mr. Ald. CHALLIS.; Mr. Ald. HALE.; and MICHAEL PRENDERGAST., Esq.
Before Mr. Justice Williams and the Third Jury.
MR. PLATT. conducted the Prosecution.
GUILTY .— Death Recorded.
MR. PLATT. conducted the Prosecution, and MR. SLEIGH. the Defence.
GUILTY. of the attempt. — Confined Eighteen Months .
MR. METCALFE. conducted the Prosecution.
JOHN JOSEPH HICKMOTT . I live at Wellington Road, Bow Road, and am a timber merchant. On 8th June, I went in company with Gover, a sheriff's officer, and some others, to some premises in George Street, Bromley, under a writ from the sheriff—I went into the ground, accompanied by the sheriff's officer, and his assistant, Mr. Phillips, and two men in my employ—the sheriff's officer went up to the cottage door and knocked—no one answered—he looked in at the windows, and could not observe any one there—we walked round to the back of the cottage, and saw the prisoner at work in the garden some distance off, digging or planting in a market garden—the sheriff's officer hailed him, and he refused to come—the officer stated that he should break the door open unless he came to open it, and on that he forced the door open; by that time the prisoner came up to where we were, with a gun in his hand, very excited—he made some remark which I did not distinctly hear—Mr. Phillips, and the sheriff's officer, and others there, seized hold of the gun, and a struggle ensued amongst them for the possession of the gun—I saw that there was a percussion cap on it—the sheriff's officer took out the ramrod and put it in the barrel, and intimated that it was loaded—I then got out of the way, fearing that the prisoner might do me some mischief—after some short time the gun was fired off into the air, each party having hold of it—the prisoner refused to give it up, stating that it was his own property—he walked into the cottage with the gun—I saw no more of him for about ten minutes or a quarter of an hour, or it might be longer—I was standing in the garden, some distance from the cottage, and of a sudden I felt a violent blow on my side and my arm—I immediately found that I was shot, and I exclaimed, "I am shot! I am shot! secure him"—I staggered some distance—persons came up and assisted me away—I was taken home and put to bed—one shot struck me in the chin, others in the body and in the arms—I have several in my arm at the present time, a good many have been extracted from me, I cannot tell the number—it was smallish shot—I have none here except in my arm—I cannot say exactly how far the prisoner was from me when the gun was fired; probably half a dozen yards, or it might be a little more—I was standing sideways, not looking at him—I did not speak to him at all that day; in fact, I never spoke to him, that I am aware of, in my life.
Cross-examined by MR. SLEIGH. Q. I believe it is what is called dust
shot, is it not? A. I am not acquainted with shot; it is larger than mustard seed—I do not recollect ever having spoken to the prisoner in my life—I know that this little cottage and piece of land had been in his possession, and that of his family, for a great many years—it was previously in the possession of my father and his partners, and they let it to his father and mother as tenants—they have not had it upwards of twenty years, but a good many years—this is the waistcoat I had on—it is very thickly padded—I brought an action against the prisoner in the County Court—the Judge stated it was a case for a superior Court, and dismissed it, being a question of title—I subsequently brought an action of adjustment in the superior Court, and judgment went by default, and it was under that judgment I went with Mr. Gover and the officer, to take possession—I was standing near Gover when he called out to the defendant in the garden—I think Gover told him to come and open the door, and upon that the prisoner said, I think, that he must break it open—before that I did not hear him say, "What business have you got here?"—we were a long distance apart, and they had to halloo to each other to make each other hear—Gover did immediately afterwards break the door open—the prisoner was still in the garden—he then came round to the front with the gun in his hand—there is no back door to the cottage—I did not see him with the gun in his hand when we first went there—when he came up with the gun in his hand I think he asked who it was that broke the door open—he appeared very excited—he did not say, "What right have you to break open my door?"—the parties immediately rushed to seize the gun, and a sort of excitement took place amongst them who should take possession of the gun; the prisoner refused to give it up, and the others refused to leave go of it, and it was immediately fired into the air—the others said, "You must discharge it before we will leave go of it"—when he found they refused to part with it, it was discharged—I do not know that he said, "I will discharge it into the air;" I will not say that he did not, because when I found that the gun was loaded I got away—I saw Gover produce his authority; I will not say whether that was before or after the gun was discharged—I did not hear the prisoner say, "You know I keep this gun for frightening birds, I do not mean to hurt anybody," nothing of the kind—I did not hear him say, "Give me an hour to move away my furniture"—Gover and his men began to remove the furniture—they did not begin to take up the plants and vegetables; they commenced taking the furniture out, and putting it outside into the road—the prisoner did not speak to me; I had previously spoken to his mother—I went into her room where she was lying in bed; he and his sister stated that I had been the cause of his mother's death—he did not say in my hearing, "Pray do not ruin me, give me an hour to move my things out of the house, and I will pack up."
MR. METCALFE. Q. There was an order of Court to inspect an agreement which the mother held, was there not? A. There was—I went to serve the order, which I handed to her through the window—the inspection was refused, and I went away, and that was all that took place.
DANIEL GOVER . I am a sheriff's officer. On 8th June I went, in company with Mr. Hickmott, to give him possession under the writ of the sheriff—I have the warrant here—when we went in there, I saw a man, and asked him which was Moyce—he said that was him at the bottom of the garden—I called to him, and asked him to come and open the door of the cottage—he said he would not—I went and broke open the door—shortly after I saw the prisoner come up round the house with a gun
in his hand—he said, "Who broke open that door?"—I walked up towards him, and told him that I did—Mr. Phillips, a friend of Mr. Hickmotts, rushed towards him, and seized hold of the gun, as well as two policemen—they asked him to let go of it; he said, "No, it is my own property, I will not give it out of my hand"—they struggled for the gun, and while they were struggling I drew the ramrod, and found that it was loaded—at last he said, "Let go of it; if you are afraid of it, I will fire it off in the air," which he did—I showed him the warrant, and we went towards the cottage, and we began moving the things out—it was as near half an hour as possible before I saw the prisoner again—he was then standing near the cottage window; Mr. Hickmott and I were standing close together, near the gates, about three and a half or four yards from the prisoner—I turned round, and saw that he had the gun in his hand, which he raised, and fired at Mr. Hickmott—I put my hand upon Mr. Hickmott's shoulder, but had not time to tell him the prisoner was going to shoot him before the gun was discharged—I asked Mr. Hickmott whether he was wounded—I saw that his coat was perforated with small shot—he said, "No, I am all right," but in about half a minute I saw him stagger and fall—he was taken away—the policeman went after the prisoner, and I rushed into the house, and secured the gun—I am not aware that I heard anything said by Mr. Hickmott to the prisoner during this proceeding, or by the prisoner to Mr. Hickmott.
Cross-examined. Q. Nothing at all? A. No, not a word that I recollect—I had not moved any of the furniture before I showed the warrant—I did not show the warrant before the gun was fired—I believe the prisoner said, "You know I keep this gun for the purpose of shooting sparrows; I do not mean to hurt anybody, and I will discharge it in the air," and then he discharged it; it was immediately after that that I showed him the warrant—I had at that time broken open the door, and got into the house—he asked for time to pack up his things and go away; I will not undertake to say that it was an hour that he asked for—I did not grant him time, I had no power to do so—to the best of my knowledge, he did not say to Mr. Hickmott, "For God's sake, don't ruin me by putting all my things out into the road;" he did not say so to me, he applied for time—it was about half an hour after I had begun to put the furniture out, that Mr. Hickmott was shot—during the whole of that time the men were clearing out the cottage for the purpose of giving possession.
MOSS PHILLIPS . I went with Mr. Hickmott on this occasion—I was the first person who ran and seized the gun; on my doing so, the prisoner said, "I will shoot the b—;" he did not mention any name—I did not see him shoot Mr. Hickmott.
JOHN FRESHWATER . (Policeman, K 3). I went with the sheriff's officer—after the gun was fired, Mr. Phillips called out, "Take him, take him!" and I and Holding, another constable, went and secured the prisoner—I said to him, "Oh, you foolish man!"—he said, "I have done it, and I am not sorry for it"—I found on him a powder flask, containing powder and some shot of the same description as that produced.
Cross-examined. Q. He had previously told you that he merely had the gun for shooting sparrows? A. Yes—I cannot say who was present when he said this; I do not think Mr. Phillips heard it; Holding was there—I do not know whether he heard it or not—there was a good deal of confusion—he did not say, "I am very sorry for it"—I have made no mistake; what he said was, "I am not sorry for it"
GEORGE MURRAY . I am assistant to Mr. Dale, an auctioneer and valuer, in Mile End Road. In Aug., 1856, I was put into possession of the prisoner's premises for rent—while I was there, the prisoner said if ever Mr. Hickmott put his foot on that ground, he would blow his b—brains out—he said that frequently when he got excited about it, he had a sort of vindictive feeling against Mr. Hickmott, he said he had no right to the property whatever, and if he put his foot upon that ground to attempt to turn him out, he would shoot him.
Cross-examined. Q. Were there any other persons present but yourself on this occasion? A. I do not recollect; several of the family were round at times; his mother was present; she is dead—I cannot remember any one else in particular who was present.
JOHN WILLIAM TRIPE . M. D. I live in King's Place, Commercial Road. On 8th June I examined Mr. Hickmott—I found him lying on his bed with his shirt and flannel wet with blood, and also the waistband of his trowsers—he had twenty shot wounds on the arm, nineteen on the chest, and one on the chin, all wet—there are shots still remaining in his arm; they had entered so deeply that I could not ascertain at first where they were; they have now come to the surface—his waistcoat was thickly padded, which protected his person—there is shot now in the wadding.
(The prisoner received a good character.)
GUILTY. on 2nd Count.—Recommended to mercy by the Jury on the ground of the provocation and excitement of the distress. — Confined Two Years .
793. JOSEPH FIXMAN (35) and RACHAEL FIXMAN (32) , Feloniously setting fire to the dwelling house of Isaac Steinberger, he and other persons being therein.—2nd COUNT., Setting fire to the said dwelling house, with intent to defraud the Sun Fire Office.
MR. METCALFE. conducted the Prosecution.
JOHN MARTIN . I was in the service of the male prisoner, at No. 27, Cable Street, Minories. I only went there for one day's work—he occupied the shop, parlour, and kitchen—the shop was used for ginger beer and penny ices, and the back parlour for shaving, as a barber's shop—I was only engaged for one day, it was Monday, 18th May—I should think the stock in trade was not worth altogether 7l. or 8l., the whole property there—the female prisoner was also living there—I think she is his wife—I saw them that day speaking together in their own language, which I do not understand, and he was writing a few lines—I believe they are Germans—she had a bottle in her hand, with which she went out, between 12 and 1 o'clock—it appeared to me as if it was a pint bottle, with a label on it—it was a glass bottle—I saw her come back again—I was in the shop at the time, and she said to him, "I could not get it"—he then went down into the kitchen, brought up his coat and hat, and said to John King, "You take charge of this place till I come back, I will not be very long"—King is a seafaring man—the prisoners both went out together, taking the bottle with them—the female prisoner had it—it was the same bottle I have been speaking of—they returned in about half an hour, and I saw the bottle with him when he came back—it was not the same bottle that I saw them go out with, it was a smaller sized one—I could not see the size—it was a glass bottle—they came in both together—he said, "I wish you would go and bring me a jug of water down to the kitchen"—I did so—I brought the jug of water into the kitchen, and in the kitchen I saw a lot of cross lines and clothes hanging on them—I saw him shaking the same bottle about the
kitchen, and on the clothes—I mean he was emptying stuff out of the bottle, sprinkling the floor, and the linen with it—I asked him what he was doing—he understands English—he said, "It is no business of yours; you go away up to the shop; you can leave the jug on the top of the stairs"—as I was coming up stairs he called me back, and said, "You make mention to nobody what you have seen"—I took the jug, and left it on the top of the stairs—while I was there I smelt the gas, as if it was escaping—there was no fire in the grate; there were cinders, the remains of a fire, but no fire alight—as I went up the stairs I turned round, and saw him locking the kitchen door—I went into the shop, and I saw him go out into the yard, and wash his hands—he brought the jug back to me into the shop half full of water, and said, "I have done with this jug"—he did not wash his hands with the water out of the jug, he turned the cock and washed his hands there—I saw him in the kitchen pour some water into a vessel out of the jug, and then he gave me the jug to leave on the stairs—after this I saw some smoke coming from the kitchen—that would be from ten to twelve minutes after the prisoner had locked the kitchen door—it came up through the joints of the shop floor—the shop is over the kitchen—I jumped up—King was sitting in the next chair to me, in the shop—the police came in shortly afterwards, and I went down stairs with them directly—between the time I saw the prisoner in the kitchen and my going down with the policeman nobody else had been down stairs that I saw, only the male prisoner and myself—nobody could have gone down without my seeing them, for I was standing at the shop door—there is no other door of access to the kitchen except that which he locked—after the prisoner had washed his hands he came into the shop with me, and told me he had done with the jug—I took it into the back parlour, and he sat in a chair inside the counter—he sat there for about ten or twelve minutes, when I saw the smoke—after the bottle was brought in the female prisoner had taken the child in her arms, and said she was going to the hospital—that was immediately after she came home with her husband.
Joseph Fixman. Q. What time was it when you came into my shop? A. It was after 11 o'clock, within a minute or two of half past 11—the fire broke out about half past 1 o'clock—I dined at your house, in the parlour—you dined in the shop—it was about half past 12 o'clock when I dined; that was before you went out with the bottle—I had not left the shop from the time I had my dinner till you came back—I was not intoxicated—you opened a bottle of ginger beer for me, and that was all the beer I had that day—I did not go out at all—I was sober—I did not break a glass, I saw no glass broken—I knocked a ginger beer bottle against a glass, and broke it—that was after dinner, before you went out—I saw the bottle in your wife's hand when you went out, you had it when you came back—I did not go into the kitchen, only to the kitchen door, when I gave you the jug—I saw the fireplace from there—you poured half of the water out of the jug into a vessel, and then gave me the jug back—I saw you fetching down the ice pan from the shop, and there was some ice in it—it was a large pan—that was a vessel you poured the water into—no one could go into the kitchen without my seeing them, as I was at the shop door—King was in the shop at this time, he is a seafaring man—if a person had come from the yard, and gone down into the kitchen, I must have seen them—I could not see them if I was in the shop, but I was at the shop door—I saw no one—I must have seen them if they had gone—I saw the bottle with you—I cannot say whether King saw it—I saw it up your sleeve as you came in—I
had never seen King before that day—I have made the same statement here that I made at the police court—I could not see whether the bottle was full when you came back, but you had it up your sleeve—I saw the end of it—it contained liquid, but I could not tell what it was.
COURT. Q. How can you undertake to say that it was a smaller bottle than the other, if you only saw it up his sleeve? A. The other bottle was a large pint bottle, with a label on it—I could see the end of this, and the shape of it by his sleeve bulging out, and I saw it when he was shaking it about the linen in the kitchen—I am sure it was not the same bottle that his wife went out with—I did not state at the police court that it was the same bottle, or that it was full—it appeared to be full when I saw him sprinkling it in the kitchen—I said before the Magistrate that it appeared to be full when they came back, but I meant that it appeared full when I saw him with it in the kitchen—I was not intoxicated—I did not, when I was asked to sign my name at the police station, say that I was a little intoxicated—I said that I was not well, and my hand shook too much—I meant that I was not a very good writer, that was my reason for saying so—I can write very little—(The witness was here directed to write his name)—I did not say at the police court that I was intoxicated.
MR. METCALFE. Q. Is the shop door immediately opposite the yard door? A. Yes—a person at the shop door could see any one come in from the yard—I was standing at the shop door—King was in the shop—if anybody had gone down stairs I must have seen them—no one did go.
COURT. Q. What was it that made your hand shake so that you could not write your name? A. I had a very severe sickness in coming home from America, and my hand has shaken ever since—I have been to America and Australia—I had drunk nothing that morning, only one glass of beer, which the prisoner sent out for—I was to be an assistant in the shop, but I only engaged with him for that one day's work—I am a hair dresser—to have eighteen pence or half a crown—I was not particular to a shilling—I went there that day in consequence of having been to a house of call of our business in the Minories, and they told me that a Jew wanted a man for a day only, and I went to the prisoner.
THOMAS HARRIS . (Policeman, H 81). On Monday, the 18th, I was watching the prisoner's house in consequence of some communication made to me by King—King is now out of the country—I have looked for him, and cannot find him—about a quarter past 2 o'clock on the Monday I saw both the prisoners go out—the female prisoner had a glass bottle—I did not see them return—about a quarter past 3 o'clock I discovered smoke coming from the kitchen, through the area grating into the street—I called the fireman first, and then went into the house, gave the alarm of fire, and ran down stairs followed by Martin and the male prisoner—the door was locked—the prisoner took the key from his pocket and opened it—as soon as it was opened the smoke and flame rushed out so that we were obliged to retreat—the firemen came directly afterwards—I did not notice anything peculiar in the smell—there were persons up stairs at the time—I had noticed the kitchen window from the street—it was whitened over inside so as to present persons seeing through—I do not know when it was whitened—I was on that beat at that time—the window was closed—nothing could have been thrown in from the outside—after the fireman had been in, and to some extent extinguished the fire, I went in—I found the gas pipes down—pulled down from the ceiling—I cannot say whether the gas was escaping—I saw some lines hanging across the kitchen—one ran from the fireplace to
the dresser, and another one from the fireplace to the bed—they were partly burnt, and there was some wet linen partly burnt—the dresser was burnt—it was a fixed dresser, fixed against the wall—it was a fixture in the house belonging to the landlord—I do not know that it was let into the wall—I did not notice how it was fixed—there were a few cinders in the fireplace quite cold—after looking over the things I took the prisoner into custody.
Joseph Fixman. Q. Could you from the shop see any person come into the kitchen from the yard, and from up stairs? A. Not if I was in the shop, but I could if I was at the shop door.
COURT. Q. How do you know that the gas pipes had been pulled down? A. They were lying on the floor—I should say they must have been pulled down by violence before the fire—I hardly know whether that was the case, or whether they were detached by the heat of the fire—part of them were melted by the fire—it is possible they might have come down by reason of the heat—I could not say positively as to that—I produce part of the line that was burnt—it was lying on the floor with the linen that had dropped, and this other piece I took off a nail near the fireplace.
WILLIAM MAIDMENT . I am an engineer attached to the Well close Fire Brigade station. I went on the 18th to Cable Street where the fire was—I had some difficulty in getting into the kitchen in consequence of the dense smoke arising from it—when I did get in I found the greater part of the dresser was consumed—the rest of the things right round the kitchen were burning at the same time—the dresser was fixed to the wall in the usual way—I cannot say exactly how it was fixed, but it was a fixture in the house—I could not move it—I tried—there were lines lying in various parts of the kitchen as they had fallen, and parts were hanging to nails in the wall—there was linen partly on the lines, and partly off, also burnt—there was no fire in the grate—there was a very strong smell of a spirit of some description, and gas escaping with it—I should say from the smell that the spirit was most probably naphtha, but the mixture of gas made it doubtful—it was very strong indeed—nothing but spirit would cause such a dense smoke to arise—the gas was turned on at the meter—the pipe was melted—the pipe comes down through the flooring, and along the ceiling—that pipe had been pulled down—the staples which held it were pulled out—they must have been pulled out by some one—I found no other aperture through which the gas could come, but that which was burnt—the pipe had melted and fallen—about a foot or a little more of the lead remained at the meter, and there the gas was coming through—the effect of pulling down the pipe would be to bring it into immediate contact with the burning materials—the window was closed—there was no entrance to the kitchen but by the door—after the fire was extinguished I noticed the quantity of goods on the premises—I should say the value of the things when in a good state was not more than 7l. or 8l., and somewhere thereabouts.
COURT. Q. What induces you to think that the staples which held the pipes must have been pulled down from the ceiling? A. They could not have got down in any other way—they must have been wrenched down—the fire would not make them drop—the staples would have remained in even if the pipes had melted—they are iron, hooked into the lathing—there were several staples in various parts—some had been hooked into the joists through the lath and plaster—the fire had been burning a very few minutes before I arrived there—it would not take more than a few minutes to burn the dresser if saturated with spirit of any kind—it was a very slight one—it would take a very few minutes to melt the pipes—the dresser could have
almost consumed in a few minutes with the fire that there was there—it had not been burning longer than ten minutes when I got there—it was a small, slight dresser of deal—it was not wholly consumed—a great deal of it was burnt—the places where the drawers go were burnt through—they are very slight indeed—they were very thin drawers, and doors underneath—I should not suppose the fire had been burning more than ten minutes before the kitchen door was opened—I should say it was twenty minutes at least before we got it under.
EDWARD PAULSON . My mother is a varnish maker, of Church Lane, Whitechapel. I sold half a pint of naphtha to the female prisoner on Monday, 18th May, between 2 and 3 o'clock—I said that it was not fit for solution; it was only fit for burning, and she said, "Let me have half a pint"—I put it into a bottle for her, and she went away with it.
COURT. Q. Did she take away a bottle the brought herself, or did you give her a bottle? A. She brought a bottle—I was at my dinner—I did not know her before—when I saw her next she was in custody—that was on the Saturday afterwards—the 18th was Monday—I knew her directly I saw her—I went to the cell to see whether I should know her—we had not many customers that day, and none who bought naphtha—it is a very rare occurrence to sell naphtha.
JURY. Q. Did she say for what purpose she required it? A. For burning—she asked me if it would do for burning—I said, "Yes," and she said, "That is what I want it for."
---- FOOTHERD. I am a clerk in the Sun Fire Office. On 5th May the male prisoner effected this policy for 100l.—(This, being produced, was for 75l. on the furniture, 15l. on the fixtures and stock as a hairdresser, and 10l. on the confectionary stock.)
ISAAC STEINBERGER . I am landlord of No. 27, Cable Street. I let these apartments to the prisoners in March—when the fire took place, Mr. Hicks and his wife were there; and two children, a servant, the prisoners, and myself were in the house—I saw the furniture that the prisoner brought in—there was a good deal of nice furniture, tables, chairs, and sofas; and Mrs. Fixman had got some nice clothes—they were not there—I was there three minutes after the fire—the kitchen dresser is a fixture—it was worked into the wall; it had a wooden back at the lower part, but higher up it was fastened against the brick walls by nails—I do not know of it ever having been moved—I have had the house nearly a year—the dresser was on a different side of the kitchen when I came, and I got it moved by a carpenter—I saw the nails that it was fastened with—I cannot tell whether any portion of the woodwork was let into the wall—I let the dresser to the prisoners with the kitchen—they lived with me nearly two months.
(The male prisoner produced a written defence, stating that he had called on King, who lived near, to recommend him a gas fitter to clean the gas pipes; that King told him he was a sailor, and could do anything; that having cleaned them, he employed him upon another job; that the gas burner broke, and the flames nearly destroyed the wall; that, upon King's advice, he insured his property for 100l., being about to enlarge his shop; that King was in the habit of coming to his place, but, being seldom sober, and using disgusting language, he should have forbidden him the place, but that he was in the habit of bringing him customers; that on the day in question, wanting some assistance, he engaged the witness Martin, while he had to go out, and that on his return he found Martin intoxicated, and King in the shop, and the fire broke out two minutes afterwards; that no bottle was found on the premises: that it was not likely he should have engaged a stranger as assistant if he had been about to commit such a crime; that he had no policy, and did not apply for one; and that King had no doubt done it, to gain his own objects.)
Prisoner to MR. FOOTHERD. Q. Did I apply for a police? A. No, you effected the insurance, but the policy is seldom delivered in less than a month.
COURT. Q. Would it be of any consequence his not having a policy? A. No—he had a memorandum—nothing was said about a policy—the insurance was sufficiently effected even if a genuine fire had occurred that night—I did not communicate that fact to him, but the receipt would show that he was insured.
Prisoner. Q. What time was he at the police station? A. About a quarter past 4 o'clock—it was half past 3 when I first saw him.
NOT GUILTY .
NEW COURT.—Wednesday, July 8th, 1857.
PRESENT—Mr. RECORDER.; Mr. Ald. WIRE.; and Mr. Ald. HALE.
Before Mr. Recorder and the Fifth Jury.
MESSRS. CLERK. and BAYLET. conducted the Prosecution.
ROBERT ALLISON . I am assistant to Messrs. Howitt and Co., woollen drapers, of High Holborn. On Monday, 22nd June, between 6 and 7 o'clock in the evening, the prisoner came to the shop—I had known him slightly before; he lived with Mr. Reynolds, in Fleet Street—he asked for Mr. Romain, who is our woollen buyer—I told him he was not within—he asked me to show him some black cloth, the same sort as we had sold him previously, when he lived with Mr. Reynolds—I told him that we had none, but I showed him some near to it—he purchased some, and a yard of alpaca—they came to 15s. 4 1/2 d.—he paid for them with a 5l. note, which he took from his trowsers pocket; he laid it down on the counter—I called Wade, the cashier, and he took it to the counting house; he brought it back, and asked the prisoner to write his name upon it—he went to write it in pencil, I objected to that, and told him that I should like it in ink, and he wrote his name—this is the note (produced)—I saw him write this on it, "William Stone, 39, Oakley Street, Westminster Road"—I gave him the change, 4l. 4s. 6d. and three halfpence in copper, and he left—I discovered the note was forged about twenty minutes or half an hour afterwards, when one of the partners came into the shop, and I showed him the note—I went that evening to Oakley Street, but the prisoner was not known there—I found he had lodged at a lodging house in Oakley Street, but not at No. 39—I went the next morning to Mr. Roberts', in Shoreditch; the prisoner had told me he would be there—I waited for him an hour, but he did not come—I made some inquiries, and found him that afternoon at a beer shop in North Street, St. George's in the East, quite intoxicated—I told him to step outside, and asked him if he was aware that he had passed a bad 5l. note—he said he was not aware of it—I asked him if he had any of the change that I gave him—he said he would make it all right, and wanted
me to give him a glass of ale—I called a cab, and took him to our house—he said he was tired of his existence, that he had parted with his wife and children for ten years, and he supposed they would give him eighteen months—I took him to Bow Street.
Prisoner. Q. You found that I had been living in Oakley Street, but I made a mistake in the number? A. Yes—I do not recollect that you told me you had been living in Westminster Road—you said you had left Mr. Reynolds', and were going to Mr. Roberts'—I have no doubt you have changed other notes at our house, but never with me—you may have made purchases at our house when you were out of a situation.
WILLIAM HENRY WADE . I am cashier to Messrs. Howitt and Co., in Holborn. On 22nd June a 5l. note was given to me by the last witness—the prisoner was standing at the counter—I took the note into the counting house to show it to the clerk—there was some discussion between us, and it was taken into the other shop—it was never out of my sight—Mr. Allison afterwards came to me about the note, and I followed him with it into the shop—I saw the prisoner write his name on it—I gave him the change—I never changed any note for him before.
WILLIAM THOMAS . (Police sergeant, F 17). The prisoner was brought to the Bow Street station, charged with uttering a forged 5l. note—he said, "I know from whom I received the note, but I shall not tell you; I received it from a sailor, whom I know well"—he gave his address at Great Garden Street, Mile End Road—I asked him the name of the landlord, and he said he did not know.
Prisoner. Q. Did I not say, "Near Great Garden Street"? I told you I only lodged there two or three nights. A. No, you never made use of those words.
HENRY WILLIAM MANSFIELD . I live at No. 39, Oakley Street, Westminster Road. I was residing there on 22nd June—the prisoner was not lodging there at that time—he has never lodged there for the last seven years.
Prisoner. Q. Have you never seen me in Oakley Street? A. No, I cannot say that I have.
Prisoner's Defence. I met a party whom I knew; he asked me to buy him two yards and a quarter of cloth and a yard of alpaca, and, not having any money, he gave me a 5l. note to pay for it; on my return I handed him four sovereigns; I told him that I charged him 18s. 9d., keeping the difference; I declare I had no knowledge of the note being forged when I offered it in payment; I received it from an acquaintance of some years standing, the man introduced to me by a party named Tyrrell; the following morning I went to Great Garden Street, which was the only address I knew where I could get a lodging; I found I had given No. 39 instead of No. 29; I was well known in London; there has not been the slightest imputation on my character, and it is not likely I should sacrifice my character for this; there has never been a charge against me, and I had not a guilty knowledge of the note being forged; as to my saying, "Eighteen months," I have no recollection of saying so.
GUILTY .— Four Years Penal Servitude.
MESSRS. BODKIN, ROBINSON., and POLAND. conducted the Prosecution.
WILLIAM HENRY DUNKLEY . I am landlord of the Hallway Tavern at Pinner. I know the prisoner by seeing him there on the evening of 24th May, when I returned home about 8 o'clock—he was standing in front of the bar—he appeared to me to be like a man half and half—I requested him to be seated, as we were very busy about that time and there were several people there—after some persuasion he went into the parlour and I saw him no more till everybody had left the place, which was about a quarter to 11 o'clock—he was then in the parlour and appeared to be sleeping or dozing—I shook him and tried to persuade him to go home—he said he should go when he pleased, or something of that sort—I found I could not get rid of him, and as it was time to close the house I sent a boy for a policeman, and he came back with Goddard—he tried to get him away and told him that if he did not go away he must take him, as it was time to close the house—the prisoner took off his jacket and struck Goddard in the jaw and knocked him across the room—he would have fallen if it had not been for the table—Goddard persuaded him to go outside—he told him he had struck him, and in doing his duty he should take him—the prisoner struck him and attempted to strike him again, I should say, a violent blow—on that, Goddard took out his staff to protect himself—they appeared to close, and Goddard told me I must go with him to the station—I went to the door to get my hat and came out immediately—they were then on the ground together—I went to Goddard's assistance, thinking I could assist him by holding one of the prisoner's hands while he had the other—I felt myself scratched or cut, and I said to Goddard, "Leave the man; he has got a knife; come in doors and save yourself"—I went in the house and called Goddard after me—he followed me—when he came in he said he was stabbed—I undressed him and sent for a surgeon instantly—I found nine wounds on him—he remained in my house till the next morning.
Prisoner. When you and the policeman put me out of the house, I got the space of fifty yards from the house by myself and the policeman told me I was going the wrong road. Witness. I cannot say how far it was—you scuffled and were down together—you did not go on by yourself for some distance—the policeman never left you—I am not aware that the policeman knocked you down, it was a sort of scuffle.
COURT. Q. Do you believe that he was walking away home when the policeman came to him and said he was going the wrong road, and he knocked him down? A. Not in my presence—it was a general scuffle.
MR. ROBINSON. Q. Did you see the policeman use more violence than was necessary to defend himself? A. Not at all.
Prisoner. While you held one hand the policeman knocked me down. Witness. The policeman struck you with his staff to keep you down.
GEORGE GOLDING . I am pot boy to the Railway Tavern. On the night of 24th May, the prisoner was there between 6 and 7 o'clock—he remained till about 11 o'clock, the time we shut up—he appeared the worse for drink—at 11 o'clock, I heard my master ask him to leave the house—he said he should not go till he pleased—I was sent for a policeman and found Goddard—he went with me to the house—the prisoner was in the parlour—Goddard asked him civilly to go away—he tried to persuade him—the prisoner got up, took off his coat, and struck him—Goddard said he must not take that, he must take him—he took bold of the front of his shirt and led him out—they both went out together—Goddard was in uniform—when they were outside, the prisoner struck him again and they both fell on the ground and
were scuffling together—I heard my master say, "He has got a knife," or something—after that, they got up—the prisoner made a rush at Goddard—Goddard ran in and said he was stabbed—the prisoner ran towards the station—Goddard was taken into the house and master undressed him—I saw a wound on his shoulder.
Prisoner. You were inside when the landlord and Goddard were together outside. Witness. No, I followed you both out—I ran in when you rushed at Goddard.
JOHN HARPER . (Policeman, T 226). A little before 12 o'clock that night I went to the Railway Tavern—I then went towards the station and found the prisoner lying in a ditch—I got him up—he had been drinking—his face was smeared with blood, and blood was on his shirt—he had a wound on the forehead—I took him to the Railway Tavern—he said he had had a tussle with the policeman, and it was the policeman that did it—for the purpose of getting him away quietly I gave him a pint of beer, got fresh assistance, and took him into custody—in his left hand pocket I found this knife—it has blood on it now.
WILLIAM GODDARD . (Police sergeant, T 50). I was fetched on Sunday night, 24th May, to the Railway Tavern—I went into the parlour and found the prisoner there—he appeared to be asleep—I spoke to him civilly—I asked him to get up, as it was time to close the house—he made no more ado, but got up, pulled his coat off, threw his cap off, and struck me a violent blow with his fist—I had my uniform on—I said, "I can't take this from you; I shall take you into custody"—I took him by the collar and led him out of the house—he went out very quietly—when we were in the road he made a severe blow at me again—I missed the blow—we closed, and both fell—he laid on his back and tried to kick me as much as he could—he was still giving me blows about the shoulders—the landlord came to my assistance, and he said, "Save yourself; he has got a knife"—I let go—the prisoner jumped up and made a rush at me—I had taken out my staff when we were on the ground, and struck him on the knee, and when he rushed at me with the knife I struck him on the head and he struck me in the back—I felt very faint—here is my belt, which was out through with the blow that he gave me—these are my clothes—I had been laid up six weeks last Sunday.
Prisoner. After I got outside, you and the landlord let me go along the road. Witness. No, I never let go of you at all till the landlord told me you had got a knife—you asked me where I was going to take you to, and I said, "To the station"—you said, "We are in the road," and you struck at me—I did not strike you on the head.
COURT. Q. Did you strike him on the head? A. Not at all till he had got up and was rushing at me with the knife—I had struck him on the knee before.
WILLIAM CHRISTOPHER . I am a surgeon at Pinner. On 24th May, I was called to the Railway Tavern about 11 o'clock—I found Goddard very faint from the loss of blood—I took the remaining part of his clothes off, and found nine wounds on him, four on the arm, and five on the side and back—one wound was near the middle of his back—they were incised wounds made by some sharp instrument—they were almost all oblique slanting wounds—-the wounds on the arm might have been two or three inches deep—two of the wounds in the side had entered the chest—one a little more than three inches, and one only one inch—two of them struck on the blade bone—one wound was in the lungs—the one in the back was a
flesh wound, very crooked, as if the men were struggling—I continued to attend him till the following Saturday—he was then sent to Mr. Bridgewater's care—he was in considerable danger from two of the wounds, the wound in the lungs particularly—the two in the chest were both dangerous—the one that entered the lungs was most dangerous.
Prisoner's Defence. I was drinking from a quarter before 6 o'clock on the Saturday morning till 4 on the Sunday morning; I then went home and had my breakfast; I then went to that house and remained there till between 10 and 11 o'clock; the policeman came and awoke me and knocked me about; I did not know what it was till I found myself in the road to the railway station; I fell asleep; the policeman came and awoke me, and there was some blood on my eye; I took my knife out to scrape it off, as I could not get it off with my finger.
GUILTY .— Eight Years Penal Servitude.
ALEXANDER JOHN HOUSTON . I am one of Her Majesty's Royal Body Guard; I live in Thomas Street, in the Borough. On 26th June, I was coming to London Bridge—as I was leaving the steam boat at Dyers' Hall Pier, I saw the prisoner steal my watch from my pocket—it had been secured by a guard—I felt the watch going from me, and felt the chain hanging down—I saw the prisoner leaving, and I rushed and seized him immediately—he was rescued from me by several of his party—I caught the ring and the guard chain, the watch was dragged violently from the ring.
THOMAS M'GUIRE . I am a sailor. I was on board the boat, and as the last witness was leaving, I saw the prisoner snatch the watch from his pocket—directly he did so a crowd surrounded him—I tried to get to him, but I was shoved back—the last witness seized the prisoner, and he was rescued by his own mates—I afterwards saw the prisoner in charge of Knight—he got away from him, and Knight was struck and knocked down—the prisoner had the watch in his hand—I took him—the watch was passed away—I held him till the officer came.
JOSEPH KNIGHT . I was on the pier, I saw the prisoner running away—I seized him; a man who was with the prisoner hit me in the breast, and knocked me down—the prisoner got from me, and was taken by the last witness.
Prisoner. I am innocent of it.
GUILTY .— Confined Twelve Months.
(The prosecutor stated that the prisoner had stolen a watch half an hour before, but that he gave the watch up, and the owner declined to prosecute.)
MR. W. J. PAYNE. conducted the Prosecution.
WILLIAM GRANT . I am a carpenter. On Sunday, 14th June, I was in Cutler Street, Houndsditch, between 11 and 12 o'clock—the prisoner came up with another gentleman—the prisoner produced a gold chain out of his pocket, and appeared to be talking about it—the other person then left him, and as he was going away he offered him some pounds for it—the prisoner said it was not half the value—he then came to me, and said, "People here expect to get anything for nothing; do you want a gold chain?"—I said, "No"—he asked me again, and said it was a beautiful gold chain, and he would give me a bargain of it—I said I did not want it, and I had no money to buy it—he asked how much money I had—I said I had 10s. or 12s.—the
people were going backward and forward—he looked in my breast, and said, "Come on one side, we will have a bargain"—we went to Seven Step Alley, he showed me the chain, and said it was a beautiful gold chain; it was more than two ounces of solid gold—he told me to feel it, and asked me if I had got a watch—I told him I had—he asked me for the sight of it—he examined it, and said he would give me the gold chain for my silver watch and 10s.—I had a silver chain to my watch—I refused to let him have it—he then offered me the chain for 5s. and the watch—I refused it—he then asked what sort of a chain I had—I said a silver chain, and he said he would give me the gold chain for the silver chain and what money I had—I gave him the silver chain from round my neck, and 12s. in silver, for his gold chain—I should not have done so unless I had believed that the chain was gold—he put the silver chain in his pocket, and the money, and went away—I made inquiry, and found the chain was not gold—I went back, and the prisoner was in the same street, talking to the same man that he was with before—I was looking for a policeman, and the prisoner caught sight of me and ran away immediately—he was taken on the following Sunday.
Cross-examined by MR. J. O'CONNELL. Q. Are you sure it was on the following Sunday? A. Yes—I am twenty-four years old—I have lived in London seventeen months—I pursue my trade as a carpenter—I went to Cutler Street that morning, as I was a stranger; I went to look after different sights—I was not going anywhere, I live in Southwark—I had never been in Cutler Street before—I have my watch in my possession, but I have not it here; I paid 4l. 10s. for it—I gave 9s. 6d. for the chain that I gave the prisoner—I gave him that, and what silver I had, for two ounces of solid gold—I was astonished at it at the time—I am a Scotchman—I gave him 11s. at first, and he insisted on another bob, and I found one—I would not have given him 12s. in silver, and a chain worth 9s. 6d., for the chain, unless he had told me it was solid gold—I do not think that was a proper way of spending my Sunday morning—I thought the chain had been come by honestly—I had seen a man with some cheese, and he produced the chain with the same confidence that the man did his cheese—this Seven Step Alley is down Gravel Lane, not far from Cutler Street—the other man that the prisoner was with was a short stout man.
JOHN BUTLER . (City policeman, 6). On Sunday, 21st June, I was in Cutler Street; I saw the prisoner coming out of White Street, running, and the prosecutor after him—I pursued the prisoner, and caught him in the crowd—the prosecutor came up, and charged him with having defrauded him on the previous Sunday, with having sold him a chain which he represented was worth 10l.—the prisoner said, "I am not the man."
Cross-examined. Q. Do you know this neighbourhood pretty well? A. Yes; it is near Cutler Street, and near Petticoat Lane—it is a resort of bad characters, and especially on Sunday mornings—that is the only morning that they can resort there, up to 2 o'clock—it is the resort of thieves and other bad characters, what are called fences—there are good bargains to be had if you like to run the risk—there was an immense crowd—I should say from Petticoat Lane to Cutler Street there were a thousand persons—there are many bad characters there, but the Irish are worse than the Jews—this is the chain I received from the prosecutor.
would not make such a chain under a guinea; the workmanship would be worth a guinea.
GUILTY.—Recommended to mercy by the Jury. — Confined Two Months .
MR. PHILLIPS. conducted the Prosecution.
MARY ANN INWOOD . I live at No. 48, Booth Street, and work for Mr. Freeman, a bootmaker, of No. 14, Westmoreland Street, as a boot stitcher. On 26th June, about 6 o'clock in the evening, I was down stairs; I was sent for to see the prisoner—Mr. Freeman came for me, and I went up stairs with him—I saw the prisoner, he wished to shake hands with me as he was going away—I shook hands with him, and after I had shaken hands with him he took a knife out of his pocket—I saw just the point of the knife—he put his left arm round my neck, and stuck the knife in my face—I screamed, "Murder!"—my master came to my assistance—I disengaged myself from the prisoner, and ran into the landlord's room—on the night before this the prisoner had asked me to leave my place and live with him—I told him I would not; and he said if I did not he would take my life and his own afterwards—I went to the police station and had my wound dressed by a surgeon.
WILLIAM HENRY FREEMAN . I live at Westmoreland Street; the prosecutrix worked for me as a shoe sewer. I know the prisoner, he has been keeping company with the prosecutrix—he came to my house on the evening of 26th June, between 6 and 7 o'clock—he came up stairs, and asked to shake hands with the little boy, as he was going away; I said, "No"—he then asked if he could see the prosecutrix, to wish her good bye—I went down to persuade her to come up—she did not want to come, but she did eventually come up stairs—I waited on the stairs, and I heard a scream and a scuffle—I went into the room, and the prisoner had the knife in his hand, the moment I entered the room—he had his left hand round the prosecutrix's neck—she disengaged herself, and ran away—I threw the prisoner down, and took the knife from him, and threw it on the floor—I sent for a policeman, and gave him into custody.
ROBERT COX . (Policeman, N 60). On 26th June the prisoner was given into my charge—he said the reason he did so was, he thought of having the female for a wife, but he was told she was married to some one else—he appeared to be in liquor—the prosecutrix was bleeding from her throat.
COURT. Q. Did the prisoner seem to know what he was about? A. Yes; but he had been drinking.
WILLIAM HENRY COWARD . I am a surgeon, in North Road, Hoxton. On 26th June, I was sent for to the police station—I there saw the prosecutrix—I examined her, and found she had a graze down the left cheek, and a wound on the throat, under the left jaw, about three quarters of an inch in extent—it was directly over the carotid artery—the point of the knife was broken off—if it had gone the least bit further she must have been killed-—if the point had been sharp it must have killed her.
Prisoner's Defence. I do not remember anything about it; I hope you will forgive me; I am almost blind.
GUILTY. on Second Count.
(The Jury stated, that in their opinion the prisoner was half witted, and not able to take care of himself.)
COURT. to WILLIAM HENRY FREEMAN. Q. How long have you known
the prisoner? A. About three months; in my own opinion he is not exactly right in his mind—he would talk quite rationally for a while, and then, on a sudden, he would break off, and talk all manner of nonsense.
GUILTY.— Four Years Penal Servitude.
THIRD COURT.—Wednesday, July 8th, 1857.
PRESENT—Sir GEORGE CARROLL., Knt., Ald.; Mr. Ald. FARNCOMB.; and MICHAEL PRENDERGAST., Esq.
Before Michael Prendergast, Esq., and the Seventh Jury.
799. HENRY PETT (21) , Burglariously breaking and entering the dwelling house of Theodore John Corpi, at St. Mary, Islington, and stealing therein 20 cups, and 12 saucers, value 16s., his property; having been before convicted: to which he
PLEADED GUILTY .— Six Years Penal Servitude. (There was another indictment against the prisoner for assaulting two policemen.)
800. ANN MINNARD (29) and MARY NORRISS (30) , Burglariously breaking and entering the dwelling house of Charles Shankster, at St. George's, Hanover Square, and stealing therein 3 anti-macassars, his property: and 1 pair of trowsers, 1 pair of boots, and 1 slipper; the goods of Elliston Worrall: and 1 desk, 1 work box, 1 basket, 1 table cover, and 1 book; the goods of Betsy Thorne.—2nd COUNT., charging MINNARD with receiving.
MR. LILLEY. conducted the Prosecution.
MICHAEL CALLAGHAN . (City policeman, 223). On 27th June, at a quarter before 3 o'clock in the morning, I was on duty on Holborn Hill, and saw Minnard with a large bundle in a table cloth—I stopped her, and asked what she had got—she said, "A pair of old boots and trowsers belonging to my husband, who is a bargeman at Blackfriars Bridge"—I examined it, and found all these articles (produced)—this box and writing desk were locked—I asked her for the keys—she said that she had left them with her sister—I took her to the station; she then said that she found them in Oxford Street—I first took Norriss at 6 o'clock in the morning, on Holborn Hill, and took her to the station; they denied knowing each other, and she was discharged by the inspector—I afterwards apprehended her in the Guildhall police court on the same day.
JANE SHANKSTER . I am the wife of Charles Shankster, of No. 307, Oxford Street; we let furnished lodgings. Norriss lived with me for a fortnight as cook—on 27th June, about 5 o'clock in the morning, I was called, and found the house broken open—the front door was shut when I went to bed—I was the last person up except Mr. Wetherell, who had gone to a party, but the door was left on the latch; he came home at ten minutes or a quarter before 3 o'clock, and I directly went and shut up the bolt—that bolt was still up at 5 o'clock, I had to undo it to admit the policeman—I examined the apartments, and missed these articles, which I had seen safe over night—the trowsers, and boots, and slipper were taken from the room of the gentleman who was out that morning, and the other things from a second floor sitting room—this table cloth belongs to Betsy Thorne, a lodger of mine, who has the keys—Norriss had left me exactly a
fortnight before, and I think it possible that she took one of the latch keys with her when she left my service, for I found this latch key (produced) under the kitchen window; it opens the street door; it was made on purpose—the kitchen window was left open as it was so hot, but nobody could get in, because the gate was closed—Norriss must have used this key to open the door, and thrown it in at the kitchen window to get rid of it—we have three latch keys, one of which is always left in the kitchen—I did not miss one the night Norriss left; I asked her whether she had left it when she went away, and she said that she had, but I cannot say whether she did; I did not miss it, having two—having found this one, I have not got more than my number—I heard the front door close as near half past 2 o'clock as I can guess; that was not more than a quarter of an hour before my lodger returned—I think it must have been a person who knew the house, because the other rooms were bed rooms—the house is in the parish of St. George, Hanover Square.
Norriss. The housemaid had been out several times with the same key while I was there, and I have been out also. Witness. Yes, very frequently—there was one key for the two servants, and each hung it on a hook after using it—the lodgers had other keys.
MR. LILLEY. Q. Had you been in the kitchen the night before? A. Yes—the key was not there then; it was such a conspicuous place that I should have seen it.
BETSY THORNE . I am a widow, and lodge at No. 307, Oxford Street. This work box, desk, and table cover are mine, and were safe on 26th June when I went to bed—I awoke about 1 or 2 o'clock, and heard my bed room door rattle—I jumped up in bed, and said, "Who is there?" but got no answer, and went to sleep again—the door was locked—Norriss was not a servant while I have been there, I had only just come—I came down in the morning, and missed my things.
CATHARINE FITZGERALD . I am the wife of James Fitzgerald, of No. 4, Pump Court, Golden Lane. Minnard has lived in the same house with me for two or three months; she occupied a room opposite mine—I have seen Norriss, who said that she was her sister, come to see her in her room—I went to bed on this night about half past 10 o'clock, Minnard and Norriss were then in Minnard's room; when I got up in the morning, at half past 7 o'clock, I did not see either of them; there were three children of Minnard's there—Norriss came home about half past 8 o'clock in the morning, and I asked her if she knew anything about her sister—she said that she was locked up—I asked her what for—she said that she had picked up a small bundle on the step of a door, and was locked up—Minnard always worked hard for her living, and was always honest, as far as I know.
Minnard. Q. Do not you know that my husband was at home that night? A. Yes, about 9 o'clock; he came home drunk, and you were working all day for 9d.—I know he ran after you to hit you—I heard you say that your clothes were at a leaving shop.
COURT. to MICHAEL CALLAGHAN. Q. What happened after you took Minnard to the station? A. Norriss was pointed out to me by Mrs. Shankster—my inspector sent me there in consequence of finding an envelope with Mr. Thome's address on it among these articles—I then went into Holborn, saw Norriss, and asked her what she was doing in Oxford Street last night—she said she had been there several times—I took her to the station, they denied knowing each other, and Norriss was discharged—she utterly denied being Minnard's sister.
Norriss. I was looking for my sister, who had been out all night.
Witness. You did not tell me that you were looking for your sister.
Minnard's Defence. I have got a child dying; I have three children, and a very bad husband; I was going up Oxford Street, and found the bundle under a lamp post; I passed by it twice, fancying it was somebody lying there; I thought I would take it, being so very distressed; I worked ten years in one situation.
Norriss's Defence. I stood on the stairs all night listening whether the children were crying, because my sister was afraid to come near her husband; I have been four years in one situation, and two in another.
NORRISS.— GUILTY . She received a good character from Mrs. Shankster. Confined Six Months.
MINNARD— GUILTY. on the Second Count.—Recommended to mercy by the Jury. — Confined One Month .
FOURTH COURT.—Wednesday, July 8th, 1857.
PRESENT—Mr. Ald. FARNCOMB. and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the First Jury.
MR. W. J. PAYNE. conducted the Prosecution.
ISAAC AHRONSBERG . I am a watch maker, and live at No. 2, Goswell Street. On 29th June I was in Cutler Street, Houndsditch, about half past 12 o'clock in the day—there was a crowd of people there—I had been followed up for a little way by two persons, one in front of me and one behind—I had a watch in my waistcoat pocket—I had some suspicions—I found the prisoner directly in front of me, so that I could not go on—I turned round, and said, "What is your game?"—some others behind me pushed me, and said, "D—you, why don't you go on?"—I had 18l. or 19l. about me in money, and I tried to save that—at that moment I felt my watch and my money safe in my pockets—the party behind pushed me about, and pulled my left arm away from my waistcoat pocket, and turned me quite round—the prisoner who was in front of me then pulled the watch out of my pocket, as far as I could see, and it was twisted off, and I found the ribbon to which it was attached hanging down—no sooner was the watch gone than they all left me—I looked round, and saw the prisoner passing the watch to another person just behind me—I immediately seized the prisoner—he said, "It ain't me"—he struck me very violently several times on the left cheek—I held him for some time—I got him up against the corner of a public house—he got away from me once or twice about a yard or a yard and a half—I did not lose sight of him at all—I got hold of him again—he struck me a second time, and then the officer came up, and took him into custody—the man who received the watch ran round the corner—I should know him if I were to see him again—I held the prisoner till a policeman came up—I was knocked down several times—I was rather excited.
Cross-examined by MR. RIBTON. Q. Is this a street or a lane? A. I do not know the name of it—it is generally called Petticoat Lane—it is rather wide, with a very good pavement—I do not live in that place; I live at No. 2, Goswell Street—I keep a jeweller's shop—I sometimes pass
through when I want to go to Houndsditch—this was on Sunday morning—it is more crowded on Sunday than on any other day—it is a regular Jews' place—any old kind of rubbish is sold there—I was about the middle of the lane when this happened—I was not pressed by the crowd the moment I got into the lane—there was a gang of them standing there—I said, "What's your game?"—the people are about as thick as they can crowd—I could not say how many were about me; it was a complete mass of crowd—there are plenty of people always about—I had only just got across the lane—it was at the corner of a public house—I was there when my arm was turned round—when I charged the prisoner with stealing my watch, he denied it—he was very violent, and struck me several times—he knocked me down; when I got up, he struck me again—I had some assistance from the inhabitants—most of the mass got away, and I saw no more of them—the prisoner was the only one that struck me that I could see—my hat was not over my eyes when my watch was taken—they tried to knock it over my eyes, but it fits too tight—my watch was in my left side pocket—my money was in my trowsers pocket—at the station house I made a charge against the prisoner, and he denied it—he said he knew nothing about my watch—he was behind me at first—after I lost my watch, he was in front of me—it was a gold watch, a Geneva lever—I have never seen the prisoner before—I do not know whether he is of the same persuasion as myself—I sometimes go through Petticoat Lane on Sunday afternoons, when I go to see a friend of mine at Houndsditch.
JOHN BUTLER . (City policeman, 6). On 28th June I was in Harrow Alley—I saw a crowd of people there, in the centre—I went up to it—I saw the prosecutor there—I saw that some one was knocking him about; I could not tell who it was—there were a great number present—they were all thieves—he came to me in a state of great excitement, and pointed the prisoner out to me, and said he had seen him pass his watch to another person—I was coming from the pavement, and he was in the middle of the road—the prisoner had gone on to the pavement, and the prosecutor followed him—the prosecutor was in a position to keep him in sight—I immediately laid hold of him, and told him to come with me—before that I said to the prosecutor, "Has he got the watch about him, do you think?"—he said, "No, I saw him pass it to another person"—the moment I laid hold of him, he said he would not go, and resisted most violently—I laid hold of him by the collar, but he said he would not go—I was dragged about in the road for the space of two or three minutes before I got him back on the pavement again—I had hold of him by the neck—I said I would draw my truncheon—at that moment I was seized by a woman and two or three more behind—a little boy ran down to the sergeant in Petticoat Lane—I had called on the public to assist, but not one of them would do so—the sergeant came up eventually, and the prisoner then came quietly—I took him round the back way—I did not let him go at all—I found a shilling, and a tobacco box, and a pencil on him—he made a most desperate resistance.
Cross-examined. Q. This is not a very respectable neighbourhood, I suppose? A. No, it is not—this was not in Petticoat Lane, it was in an alley—there are a great many thieves there—I believe the majority of thieves go there on Sunday mornings to sell their plunder—I do not know anything against the prisoner, but I do not believe he is here in his right name—I have no reason to say that he is a thief—the parties whom I say were thieves are many of them known to me—I should say there were 700
or 800 of them in the middle of the alley—no one pointed the prisoner out to me before the prosecutor did—the first thing I found was the prosecutor down on the pavement—his hat was knocked over his eyes when he was calling for the police—he had the appearance of it after he came to me—the first thing he said to me was, "This man has stolen my watch"—I said, "Which man? point him out"—he said, "This man," pointing to the prisoner, who then was standing on the pavement—the prosecutor's hat was three parts over his eyes, and he told me it had been knocked over his eyes—I do not think anybody else pointed the prisoner out to me; I should not like to swear it—I seized him at once—he declared that he would not go, and that he knew nothing about the watch, and was very violent
(The prisoner received a good character.)
GUILTY .— Confined Twelve Months.
OLD COURT.—Thursday, July 9th, 1857.
PRESENT—Mr. Justice WILLIAMS.; Mr. Ald. CHALLIS.; Sir ROBERT WALTER GARDEN., Knt., Ald.; Mr. Ald. CUBITT.; and MICHAEL PRENDERGAST., Esq.
Before Mr. Justice Williams and the Fourth Jury.
(The prosecutrix did not appear.)
NOT GUILTY .
NEW COURT.—Thursday, July 9th, Friday, 10th, and Saturday, 11th, 1857.
PRESENT—Sir GEORGE CARROLL., Knt., Ald.; Mr. RECORDER.; Mr. Ald. WIRE.; Mr. Ald. CUBITT.; and Mr. Ald. HALE.
Before Mr. Recorder and the Sixth Jury.
For the case of William Burgess, tried on these days, see Surrey Cases.
Before Mr. Justice Williams.
Mr. BEST. conducted the Prosecution.
DENNIS CRAWLEY . I am the prisoner's son—on 20th June I lived at No. 1, Well Street, Stratford—on that Saturday morning, at 5 minutes to 9 o'clock, I left my father and mother at breakfast and went away—there was then no one in the house but those two.
Cross-examined by MR. SLEIGH. Q. On that morning, before you went out, did you hear your father and mother quarrelling about some money? A. No—he said to my mother, "Give us a drop of tea, old woman"—my mother has frequently quarrelled with my father—I never saw her strike him—I have seen him strike my mother—I have heard words between them at different times—my mother was a very passionate woman.
MARGARET WYLLIE . I am the prisoner's daughter, and am the wife of George Wyllie, and live in Well Street, Stratford—on 20th June last I was at my father's house—I left there at half-past 8 o'clock in the morning punctually—I left my father and my youngest brother Dennis in the house—I lived with my father and mother, and have done so ever since I have been married—I returned again at half past 9 o'clock—I had a large basket of lettuces and onions and flowers—I called at the foot of the stairs for my mother, and no answer was given—I immediately went up stairs and found my mother lying on her left arm on her face and hands in a corner of the room in a gore of blood—I picked her up and put her on her back—she was quite insensible—I went and brought two of the old inhabitants, and then went and fetched Mr. Vallance, the doctor—Benton, the policeman, came there—there was a great quantity of blood and brains on the floor—my mother's pocket was in the middle of the room, cut off, and her cap was round her neck—it appeared to have been cut off—it was plainly cut off—it was tied with two pieces of ribbon round it, and the pocket was cut off like with a knife, it had the appearance of being cut off either with a knife or a pair of scissors, I could not tell which—there was nothing in the pocket but one penny—I looked into a cupboard in the room and found a chopper there covered with hair and blood—we always used to keep the chopper there—it belonged to my father and mother—I gave it to Benton—I do not remember my father coming home on Tuesday, 16th June—I was out washing on Monday and Tuesday—I remember his coming home on Monday—nothing took place then before me, but he has often threatened her.
Cross-examined. Q. How many rooms are there in the house? A. Three; two up stairs and one below—we lived up stairs altogether, the back room was a bed room and the front room we lived in—it was in the front room up stairs that I found my mother—it was some time afterwards that I found the chopper, it was whilst Mr. Vallance and his son were in the room, I think it must have been before 12 o'clock.
JOSEPH BENTON . (Policeman, K 381). From something I heard about 10 o'clock on Saturday morning, 20th June, or it might be a little before, I went to No. 1, Well Street, Stratford—I found Mrs. Crawley lying on her back smothered in blood, and her head chopped about—I received this chopper (produced) from the last witness.
THOMAS JAMES VALLANCE . I am a doctor of medicine and surgeon, residing in Stratford Grove, Essex. I was sent for on Saturday morning, 20th June, to go to No. 1, Well Street, Stratford, about half-past 9 o'clock—I went directly—I there saw Mrs. Crawley—she was lying in a corner of the room under the window, surrounded with blood—she was insensible and almost pulse less—there were altogether twenty wounds on the head and face—I attended her up to Sunday evening, the following day, when she died—death was caused by the injuries done to the brain, the effusion of blood on the brain, and loss of blood; that was produced by the wounds on the head—such wounds might have been caused by this chopper.
ALFRED SMITH . (Policeman, K 118). On Sunday morning, 21st June last, I was on duty on the Ilford road about half-past 4 o'clock and met the prisoner; it is about half a mile from Stratford; he was coming up towards Stratford—I stopped him and asked where he was going—he said he was going to Stratford—I asked him his name—he said his name was Michael Crawley—I told him he must go to the station along with me—I told him I should take him in charge for cutting and wounding his wife on the head with a bill—he made no reply—he was very wet—his trousers were as wet
as dung—I asked him what made him so wet—he said he had fallen in a ditch on Barking Marshes.
Cross-examined. Q. Did he not say that he had heard his wife was dead, and was going to the station about it? A. No; not to me—nothing of the kind—I am quite sure of that.
STEPHEN WALKER . (Police sergeant, K 19). The prisoner was given into my custody about a quarter to 5 o'clock, on Sunday morning, 21st June, by the last witness—I observed that he was cold and wet, and asked him to sit by the fire—I cautioned him, and said, "Crawley, this is a serious charge; you need not say anything without you like, but what you do say I shall say again"—he then dropped his head, and said, "It is a bad job; I have done it; I was coming to the station to deliver myself up."
Cross-examined. Q. Did he not also say that they had had a quarrel about some nails, that the old woman had provoked him and struck him? A. Not to me—nothing to that effect—nor in my presence—I believe there was something said to another constable, but not to me—that constable is not here.
JOHN CRAWLEY . I am a son of the prisoner. I went to the police station at West Ham, on Sunday morning, 21st June last, between 9 and 10 o'clock—I did not see my father then—I went a second time about a quarter to 11 o'clock, and then saw him—he was in custody—my brother-in-law and the sergeant were in the room—I asked what made him do it—I said to him, "Father, why did you not hit her with your fist, and not take that weapon to her"—he said, "Boy, it began all through a pennyworth of nails"—I asked him whether he cut the pocket off—he said, "No"—I asked him whether he took the money out—he said, "Yes"—I said, "How much?"—he said, "18d. "—I asked him what he did with the pawn tickets—he said he left them on the hob.
Cross-examined. Q. He described it as a row between him and your mother, did he not? A. He did not tell me anything about a row—he might have said so to my brother-in-law—he is not here—I was examined before the Justice about this matter—my father did not describe it to me as a row between him and my mother—he said all the row began about a pennyworth of nails.
JURY. Q. Was the deceased your own mother, or your stepmother? A. My own mother.
GUILTY.—Recommended to mercy by the Jury in consequence of his great age. — DEATH .
Before Mr. Recorder.
JAMES MESSAM . I am a labourer, and was working at Chingford on 17th June. About half past 8 o'clock that night, we went to a beer shop to try to get lodgings—we could not get any, and went and laid down in a shed in the field—we left our scythes in the field—between 10 and 11 o'clock we heard some persons come by the place where we were sleeping, and go into a shed near, and kick about the loose straw—I suppose to see if the scythes were hid there—they could not find any there, and I heard one say to the other, "Bring two of the best of them"—in about three minutes I heard the prisoner bring them, and lay one down before the door where we were sleeping—I got up and pushed open the door, and there he stood with the other scythe in his hand—we took him into custody—he said he took them with the intention of using, but he could not see to mow at
11 o'clock at night, and he was going away from the grass—I did not know the prisoner, he was a stranger to me.
JOHN HIGHT . I was working with Messam—when we left off work I left my scythe with Messam's, and was sleeping in the shed with him—I went out and collared the prisoner, and detained him—one of the scythes was mine.
Prisoner. He never saw the scythe in my possession. Witness. He had one of the scythes in his hand when I shoved the door open—the other man got away.
Prisoner's Defence. I went to this field to lie down as I had nowhere else to go to; I picked up this scythe to mow with, and went to this shed to lie down, when these men jumped up and threatened to cut my head off with the scythe, and gave me in charge.
GUILTY .— Confined Three Months.
WILLIAM BURTON . I am foreman to Messrs. Papineau and Co., of Harrow Bridge. On 29th June, at half past 6 o'clock in the evening, I went into the yard and saw Bourne with something under his arm—I accused him of taking lead—he said that he had not—I then saw Ward with some lead wrapped up in his smock—there were eight or nine others coming up, and as soon as they saw me stop Bourne, they turned back, and Ward turned round with the rest of them, and I saw him put a velvet coat down, from which the officer took this lead (produced)—it is ours—they had been drinking the whole day, or I do not think they would have done it—they did more drink than work that day—it was in our warehouse.
Ward. Q. Did you see any lead in my possession? A. I saw the coat on your arm; you bad a jacket on.
JAMES JOHN JOHNSON . I am employed as a labourer by Mr. Papineau—I was sitting at tea about half past 6 o'clock, and saw the men burst open the warehouse door—Bourne was one of them—they took some lead out of the warehouse, and bent it, and put it about them—there were at least five of them, but I did not see Ward—I cannot say that he was not there, because I do not know who the others were—I gave information to Burton.
Ward's Defence. The man that the coat belongs to has run away, and I am obliged to suffer for him; I have a wife and children, and am innocent; I wish to ask the policeman if he saw anything in my possession.
JOSEPH SKEATS . (Policeman). I was called—I saw Bourne first going, and stopping some of the men, he immediately turned back, and I saw something very heavy and bulky under his left arm—he went round the corner of a low wall, and dropped something—I took him back, and found the lead there—I examined the coat, and found a piece of lead in it—at that time Ward had on a small jacket—the person who the velvet coat belonged to has absconded, in case of being apprehended—I do not know where Ward was at work—they were all on the ground when I came there.
WARD— NOT GUILTY .
BOURNE— GUILTY .— Confined One Month.
MR. DOYLE. conducted the Prosecution.
JOHN REELBECH . (through an interpreter). I am in the employ of Mr. Caillard, a tanner and leather dresser, of Marsh Gate Lane, Stratford. I live on the premises—on 13th May, about half past 10 o'clock at night, I heard a noise, and went out and called a policeman—on returning we met Grant (See 8th Session, page 288), and the policeman put a lamp in his face—I next saw the prisoner and another man come round the houses—the prisoner was carrying lead—when they perceived us, they threw the lead off their shoulders, and ran away behind the houses—I and the policeman took the lead.
Prisoner. Q. Did you see me there? A. Yes; I knew you before.
JOSEPH GOODSON . (Policeman, K 227). I was called by the last witness, and went with Lambert, another constable, to the factory—we met Grant, who was tried last session, by the side of the factory—I turned my light on him, and then ran to speak to Lambert—on going round the corner I saw M'Quade and the prisoner with lead on their shoulders—M'Quade jumped into the river, and the prisoner ran to the rear of the premises and escaped; but I knew him by sight, he lived in the neighbourhood—I saw the lead fitted to the root.
LEWIS LAMBERT . (Policeman K 311). I was with the last witness, and saw the prisoner and M'Quade at the back of the factory—the prisoner had a portion of the lead—he dropped it, and they went to the other end of the factory; M'Quade jumped into a branch of the river Lea, and the prisoner escaped—I compared the lead with the roof, and it fitted; there was 102lbs.—I took the prisoner last Saturday, about half past 5 o'clock, in Tottenham Court Road, at the back of Meux's brewery.
Prisoner's Defence. It is wrong what he has said, that he saw me chuck the lead off my shoulder.
GUILTY . †— Confined Six Months.
Before Mr. Common Serjeant.
MESSRS. BODKIN. and W. J. PAYNE. conducted the Prosecution.
GEORGE WATKINS . (City policeman). I produce a certificate—(Read: "At this Court, Jan., 1856, Mary Mail was convicted of uttering counterfeit coin, and sentenced to be Confined Four Months")—the prisoner is the person.
JAMES WATTS . I am a baker, at Plumstead. On 6th June, about a quarter before 10 o'clock at night, the prisoner came to my shop for a 21b. loaf—she gave me a 5s. piece—I gave her 4s. 8 1/4 d. change—after she had left I found it was bad—I went after the prisoner, and overtook her 300 or 400 yards off—I asked her if she was aware she had given me a bad 5s. piece for a loaf—she denied that she had been in my shop—I gave her into custody, and gave the officer the 5s. piece.
Prisoner. I was never in your shop. Witness. I am positive she is the woman—she stopped while I was just serving the loaf—I had the gas—I saw her particularly; she had a particular mark in her face.
MR. BODKIN. Q. When she went out, did you notice the direction she took? A. Yes—I followed in that direction—she had not the loaf when I took her—I had passed one man at the corner of the street before I overtook
her, and there were three or four persons who separated just before I took her; they went away.
MARIA HOSKINS . I keep a bonnet shop at Plumstead. On the night of 6th June the prisoner came, between 9 and 10 o'clock—she asked to look at some artificial flowers—she purchased two, which came to 3d.—she gave me a 5s. piece—I got change from my mother, and gave 4s. 9d. to the prisoner, and she left—I saw no more of her till I saw her in custody on the Friday following—I gave the 5s. piece to the landlord when he came for the rent, and he said it was bad—I am sure it was the same I took from the prisoner—I kept it in my own possession till I gave it to the constable.
Prisoner. I went into her shop, and gave her a half crown; she gave me two shillings, two pence, one halfpenny, and two farthings. Witness. No, it was a 5s. piece—I am sure it was the same that I gave the officer; I had only that one.
SOPHIA CORDELL . I am mother of the last witness. On that Saturday evening my daughter asked me for change for a 5s. piece—I put it into my pocket, and gave it back to my daughter on the Monday, when the landlord came for his rent.
ROBERT FRANCIS WALTER . (Policeman, R 315). The prisoner was given into my custody—I told her I took her for uttering a bad 5s. piece to Mr. Watts—she denied knowing Mr. Watts, or being in his shop—I produce the two 5s. pieces, the one I received from Mr. Watts, and the other from Mrs. Hoskins—the prisoner was searched; 2d. was found on her.
GUILTY .— Confined Twelve Months.
Before Michael Prendergast, Esq.
GEORGE HILL . I am a carpenter of Crescent Road, Plumstead. On Wednesday, 24th June, I missed a basket of tools from Mr. Cottenham's house at Plumstead, where I had left them—these articles (produced) were among them, and a great many others—my name is on all of them.
FREDERICK HEMMINGS . I live with Hill—I remember his tools being safe on Tuesday, 23rd June, at 4 o'clock—this plough is mine, and was in another basket, but I had not seen it that day; I had on the 22nd—I missed it on the 24th.
Canes. I pawned this plough for another man at Woolwich; I was not aware that they were stolen; the man I bought them of had a large basket full.
Canes. Q. Did not I bring in two first? A. Yes, you wanted 6s. on them, but I could not advance so much on two, and then you brought two more, and said that your mate was outside—you came to the shop next evening to pledge something else, and I gave you into custody.
On 23rd June Canes pawned this plough with me, in the forenoon, I think—on the 24th Clifford pawned a square, a plane, and an axe; he came again on Thursday, the 25th, and presented two tickets, one for the plough which had been pawned by Canes, and the other for these three other tools, and I gave him into custody—I saw nobody with Canes.
JOHN NEWELL . (Policeman, R 54). On Thursday morning I went to Mr. Moore's shop, where Thorpe is employed, and found Clifford there—I charged him with stealing the tools, and asked him where he got them—he said that a man whom he did not know gave them to him to pawn, and he brought the tickets to sell them and purchase food with them on the following day.
Canes' Defence. I went to look for work, and saw this man with a basket of tools; he asked me to pawn the plough and get 5s. on it; he waited outside, and I got the 5s., and gave it to him; in the evening I went with two saws, and they would not give as much as he requested; I went outside, and fetched two more saws, got the money, and gave him the tickets; if I had known that they were stolen, I should hardly have gone to the pawnbroker the same evening.
Clifford's Defence. I have served my country in the Army and Navy, without a stain on my character; I have not long been home from India; I met this man, who asked me if I would pawn these three tools; I did so, and did not know that it was any harm; next morning, wanting a breakfast, I went to the pawnbroker's; he said, "Did you pawn any tools yesterday?" I said, "Yes," and he detained me.
CLIFFORD— GUILTY.—Recommended to mercy by the Jury. — Confined Six Months .
CANES— GUILTY .—He was further charged with having been before convicted.
HENRY CROFT . (Policeman). I produce a certificate—(Read: "Central Criminal Court; Edward Kean, alias Canes , Convicted, June, 1856, of stabbing, with intent to prevent his apprehension; Confined one year")—the prisoner is the man; I apprehended him for attempting to break into a house, and he stabbed me twice in the shoulder.
GUILTY.**— Four Years Penal Servitude.
BENJAMIN CROFT MAY . I am a waterman. On Saturday, 4th April, at 6 o'clock, A. M., I was at the Coal Stairs, Shadwell, and saw the prisoners rowing in a boat with a bale of rags in it—I knew the boat; it was Mr. Bullman's—they rowed to Charrington's coal barge, and I sent for Mr. Bullman's son to come and take his father's boat away—they had fastened the boat to the tier—I went there, and found a quantity of rags spread all over the boat, both fore and aft.
JOSEPH BULLMAN . I am a dealer in marine stores. On Saturday, 4th April, I received a message from the last witness, went to the Coal Stairs, and there saw a boat belonging to my father, fastened to the tier—the prisoners were standing on the tier, close to the boat—I asked them what they wanted to do with the rags; they said that they were going to take
them out of the boat—I told them that if they did not do so, I would throw them overboard—they both got out of the boat, and chucked the rags into the barge's stern—Haggarty said that he would give me a half crown if I would let him take them out of the boat a little at a time—I said, "I will do no such thing, for if the police were to come by and see the rags, they would keep the boat till they caught you"—then they chucked them into the barge—I informed the police.
Haggarty. This man is a convicted thief, and the policeman knows it if he will speak the truth; he is a marine store dealer; he could not get the rags away, so he blames us. Witness. I have never been in trouble—I am not in the rag line, and had nothing to do with them—I was asleep at the time, and was knocked up—I have never been charged with having property in my possession.
HENRY JOHN MARSDEN . (Thames policeman). On 4th April, about 9 o'clock, I received information from Bullman, and went in search of the prisoners—I found them in Three Cup Alley, Shadwell; they had two bundles of rags—I can swear to Haggarty being one of them—I made them put them down on the ground, and asked where they bought them—Haggarty said that they bought them afloat on the river, and gave a dollar for them—I went to the Coal Stairs, received information, and found a quantity more rags in the barges—I gave information to inspector Forfar—I tried to find the prisoners afterwards, but could not—I did not see any canvas among it—here is a sample here—there was about 2 cwt.—the two bundles would weigh about three quarters—I know Haggarty as well as I know my father, and have no doubt of his being the man—I tried to find the prisoners afterwards, but could not.
WILLIAM HENRY FORFAR . (Police inspector). I received information from Martin—I landed from the police galley on the barges, and found 2 cwt. of rags—I afterwards went to a house at Pope's Hill, Shadwell, occupied by James Lovely, and found about 2 cwt. more rags in the back yard—in consequence of that, I went, on 4th April, to Hibernia Wharf, and found a piece of wrapper, marked "I. G. 12," among the loose rags at the station, which came from Lovely's house—I apprehended the prisoners on 27th June, and told them they were charged with stealing a bale of rags on 4th April; they both said that they knew nothing of it—I did not see them on the morning in question.
WILLIAM RICHARD GREGORY . On Friday, 3rd April, I had forty bales of rags on my barge, but could not save the tide—I took them to Hibernia Wharf—when they were landed, there were only thirty-nine—I had left the barge during the night in Limehouse Reach, Rotherhithe, near the Commercial Dock; there was an opportunity of taking a bale if anybody was so disposed.
THOMAS WALSH . I am foreman to Alderman Humphrey. On Saturday morning I received from Gregory thirty-nine bales of rags—this piece of wrapper produced has on it the mark of the missing bale, "I. G. 12"—the bales I received from Gregory were all marked in that way—I received one short of the number—they were all linen rags.
W. H. FORFAR. re-examined. This piece of rag came from Lovely's, which is within thirty or forty yards from Three Cup Alley, where Marston fell in with them carrying a bundle, and Lovely was with them at that time—he was summarily convicted, at the Thames Police Court, of unlawful possession, and sentenced to two months' imprisonment—he is a notorious river thief—he was committed for two months, with the
prisoners, on suspicion of stealing a cask of beef, and the Magistrate ordered me to take the prisoners when they came out, which I did.
H. J. MARSDEN. re-examined. I found the prisoners in Three Cup Alley, about thirty or forty yards from Lovely's, and going towards there; and when I lost sight of them, they were about as far from Lovely's house as I am from you—I mean to say that—they had to turn a corner, and Lovely's house is just round the corner—Three Cup Alley is a thoroughfare.
J. BULLMAN. re-examined. I did not look at the rags for the purpose of buying them—I handled them to chuck them into the barge—I cannot tell whether they were cotton or linen—they were all one colour, white and black; they were dirty, but some were cleaner than others—they were white rags, but were soiled—I am sure they were all white.
NOT GUILTY .
Before Mr. Recorder.
MESSRS. ROBINSON. and CONNOR. conducted the Prosecution, and MR. METCALFE. the Defence.
GUILTY .— To enter into his own recognizance to appear and receive judgment when called upon.
Before Michael Prendergast, Esq.
811. ALFRED HURD (20) , Breaking and entering the dwelling house of Martha Henderson, at Lambeth, and stealing 8 spoons, I pencil case, 1 knife, and 1 bunch of keys, value 20s.; her property: also, Burglariously breaking and entering the dwelling house of James Hall, at Lambeth, with intent to steal: having been before convicted: to all which he
PLEADED GUILTY .— Three Years Penal Servitude.
Before Mr. Common Serjeant.
MR. LEWIS. conducted the Prosecution.
JOHN DANCER THANE . I am an upholsterer at Pimlico. About 1 o'clock or half past 1 in the morning of 15th May, I drove up with a friend to the Alfred's Head public house, at the corner of the London Road—I went in the house, I saw Turner there—she spoke to me and asked me to stand something, which I declined—I called for two glasses of brandy and water—I drank one and took one out to my friend in the dog cart—I apprehend I was followed by Turner, but I did not see her follow me, but while my friend was drinking, I found Turner's arm round my neck, and with her right hand she got hold of my breast pin in my stock—I said, "Let go my pin," and I pushed her away from me—I was immediately knocked down from behind—I had not seen any one else near me in particular—they were just clearing the house out—I attempted to get up three or four times, but was knocked down again—after rising, I missed my watch—I observed the
chain hanging down—it had been safe before within a very few minutes of the time of the disturbance—I called out for the police, and one came up.
Cross-examined by MR. DOYLE. Q. Were there many persons in the house? A. Yes, a great many—the bar was crowded—I do not know that it is a night house, but I believe it is—the bar was crowded, there were men and women—Turner was there along with the rest—I believe she asked me if I was good natured—I did not say I would let her have something to drink—I absolutely refused her—I drank one 6d. worth of brandy and water myself, and went out with the other—there were a few persons outside, and while I was there they commenced turning them out of the house—at the time this attack was made on me, there might have been twenty persons, but I was not surrounded by a crowd—I never said that Turner knocked me down, but she had me round the neck—she had hold of me with one hand, and the pin with the other—she did not take the breast pin out, she tried to pull it, the stock came out from the waistcoat, but the pin was not removed from the stock—I had not some doubt afterwards as to whether Turner was the woman—I did not recognise Driscoll in the public house.
MR. LEWIS. Q. Did Turner fall with you? A. I am not positive, I rather think she slipped at the time I was knocked down.
SAMUEL JAMES SIMMONS . I am a fire escape man. I live at No. 39, Princes Street—I have charge of a fire escape at the corner of the London Road—I was on duty about 1 o'clock on the morning of 15th May—I saw the prosecutor in front of the public house, standing by the chaise cart—Turner had her arm round his neck, and several other girls were making a disturbance—they were talking about fighting—I saw Driscoll strike Mr. Thane and knock him down—I saw her strike him twice.
Cross-examined by MR. LILLEY. Q. Was there a disturbance? A. There were three or four girls making a disturbance; not more—Mr. Thane's friend was there and a man holding the horse—there were several other men, and when he was knocked down they rushed in to him, and then they closed him up so that I could not see him afterwards—the persons came out of the Alfred's Head at that time—after Mr. Thane was knocked down there were several men and women standing round him at a little distance off, twenty or twenty-five yards—I have no ill feeling towards Driscoll—I know no more of her than seeing her—I believe she gets her living by walking the streets—I never had a word with either of the prisoners—Mr. Thane's friend was in the chaise cart; he got out, and in his getting out he fell out—at that time there was a rush—there might be ten or a dozen persons there—I did not see Driscoll do anything more than making use of ill language and talking about fighting—there were three or four girls, they were all jabbering together—I saw Driscoll take off her bonnet and shawl—I did not go to see whether she was sober—after Mr. Thane was knocked down the second time, Driscoll ran away.
HORACE KING . I was outside the Alfred's Head public house. I saw the prosecutor knocked down by Driscoll—and in the act of getting away from the prisoners into the street, Driscoll knocked him down again, and then the people that were standing closed again, and the prosecutor got up and said, "I have lost my watch"—I then saw Driscoll run down the London Road.
Cross-examined by MR. LILLEY. Q. What are you? A. A contractor for sewers and general work—I live at No. 15, Devonshire Street, Newington Causeway—what caused me to be out was, I was taken ill with diarrheaa
and I wanted some brandy, and knowing that the Alfred's Head kept open late, I went there for it—they were just in the act of closing—the people were not cleared out, there were lots of people there—I was served—I did not leave with the other people who were turned out—I came out directly, and was talking to the fire escape man, who was five or six yards from the entrance where I went in, and it was then that I saw what happened—I did not give any information before the Magistrate—I came here last Session—the policeman came to me with the subpœna.
GARRATT MONRO PEARCE . (Policeman, M 59). I apprehended Turner on 23rd May, at No. 17, Morton Street—she was in bed with two other persons—I told her she was charged with stealing a gold watch from the person of Mr. Thain, on the morning of the 15th—she said she was innocent of it, and she would not suffer for other people, but she knew who took it—and on the way to the station she said that Samuel Bacon took the watch and pawned it for 23s. and sold the ticket for 3s.—I subsequently apprehended Driscoll in the Borough Road on the 26th May, between 1 and 2 o'clock in the morning—I told her she was charged with having assisted another in robbing Mr. Thain of his gold watch—she said he was innocent, and that the gentleman had treated her with something to drink on the morning after the robbery—she said, "That morning"—she did not make use of the word robbery.
Cross-examined by MR. DOYLE. Q. You knew Turner? A. Yes; I did not know where she lived till that morning—I had seen her before—I had met her in the Borough Road—some of my mates knew where she lived—she is a woman of the town; she is very well known; and these women go to the Alfred's Head; I find them in that locality at night—I do not recollect her saying that she ought not to suffer for other persons—she said she would not suffer for other persons—she did not say that she had heard that Samuel Bacon had pawned it—she said that he had the watch, and pawned it for 23s., and sold the duplicate for 3s.—she may have said that Samuel Bacon and three other persons had shared the money between them; but I did not understand it.
Cross-examined by MR. LILLEY. Q. What day did you take Driscoll? A. I think on the morning of the 26th May—the robbery was on the 15th—I had repeatedly seen Driscoll about before that day, but I did not know her by her actual name.
TURNER— NOT GUILTY .
DRISCOLL— GUILTYM. of an assault, with intent to rob. — Confined Six Months .
PLEADED GUILTY .— Confined Nine Months.
MR. LILLEY. and MR. W. J. PAYNE. conducted the Prosecution.
EDWARD WATKINS . I am a milliner, and live in Norton Folgate—the prisoner came for a widow's cap—Moore, my shop woman, served her; and shortly afterwards she brought me a bad crown piece for change—I went into the next shop, and asked the prisoner if she knew it was bad—she said, "No"—I said, "It is, and I must know something of you; where do you come from?"—she said, "I am a servant of all work; I am out of employ, and I live in Park Street, Commercial Road"—I sent for the policeman and gave him the crown piece.
the shop—I served her with a cap—she paid me a crown piece—I gave it to Mr. Watkins.
GEORGE KELLY . (City Policeman, 643). I took the prisoner into custody with the crown piece, which I had in my possession for a week till the prisoner was remanded—I gave it up at the Spital Square Station to Williams—I asked the prisoner her address; she refused to give it—I asked her where she got the crown piece—she said she had it the night before from a gentleman.
FREDERICK RAYNARD . I am in the service of Mr. Barnes, a poulterer, in Crown Row, Walworth. On 11th June the prisoner came to the shop for 3d. worth of eggs—she paid me with a bad half crown—I told her it was bad, and asked her where she got it from—she said she got it in change for a 5s. piece, at a public house higher up the road—I asked her to describe the public house, and she could not do so—Mr. Barnes took possession of the half crown, and gave the prisoner into custody with the half crown.
JOSEPH NORTH . (Policeman, P 115). The prisoner was given into my charge with this bad half crown—I asked her where she got it—she said she received it from a gentleman about an hour and a half since—I asked her where she resided; she refused to tell me—she said if I wanted to know anything else, I must find it out—she said she was an unfortunate girl.
GUILTY .— Confined Six Months.
Before Mr. Recorder.
MR. DOYLE. conducted the Prosecution.
HENRY FAGAN . I live in Adam's Place, and am a seaman. I recently came from Melbourne—on Thursday, 4th June, I was in Mint Street, Borough, about 7 o'clock in the evening—I was taking a few oysters at a barrow; I paid for them, and I put my money into my right hand pocket—I had 3s. there, and I had in another pocket 1s. and a 4d. piece—I had not left the barrow three yards before the prisoner and another came up to me—they made bad oaths at me, telling me to go home—I took no notice, but walked on—they came up again, stopped me, and they made me in that way that I threw off my coat to stand in my own defence—I saw they were determined to ill use me in some way—the prisoner then took me round the waist, and threw me down, and when I was down I was stunned by the fall—he fell on me with all his weight, and I did not recover myself for five minutes, and then I missed the 3s. out of my pocket, and my trowsers were torn down—I was not quite sober.
Cross-examined by MR. LAXTON. Q. Was not this at 4 o'clock? A. No—I was not, with two or three other persons, making a great noise, only with my sister—the barrow was standing at the corner of Mint Street—there is a public house at the corner—I did not come up and offer to fight the prisoner as he was leaning against the post—I had been over the water, and received 5l. from one of my shipmates—I did not know that the prisoner
is a respectable young man, who lived in Park Street a long time—I knew it after the policeman took him—my sister had not been with me to receive the money—I went home after I got it, and gave my mother some, and my sister came out with me—she was on the opposite side of the barrow—there was not a great crowd round in consequence of the disturbance I was creating—the prisoner did not afterwards go home to my house with me—I had been drinking a good deal of ale—I knew what I was about—I knew to pay for what I had.
MR. DOYLE. Q. Were you making any disturbance before these men came up to you? A. No—I paid for what I had, and was going home—I had not had any acquaintance with the prisoner.
MARY JANE FAGAN . I was in Mint Street with my brother when he got these oysters—I saw the prisoner and another person come up after he left the barrow; they took hold of him, and asked him for refreshment, and the prisoner swore a great deal—I went on with my brother, and he took off his coat, and gave it to me—the prisoner took my brother round the waist, and threw him on the pavement, and cut his head, and I saw him put his hand into my brother's pocket, and take his hand out shut with some money—when my brother came to himself he said that he had lost 3s.—the prisoner then saw my other brother coming, and he went away.
Cross-examined. Q. Were not both your brothers together? A. No, one was at home—he was coming along at that time; I had sent for him—this fight only lasted a few minutes—I cannot say that I saw any money taken—I was standing in the middle of the mob, close by my brother all the time—there were a great many people about—there was a great deal of confusion, and all the people were together—they were not wrestling together, the prisoner seized him, and knocked him down—my brother did not insult the prisoner, the prisoner insulted him—I never saw the prisoner before—there was a great mob, and people standing at the door of the houses—I was close by this barrow; I was not having oysters—I was with my brother about half an hour—he had been over the water—I had met him—there were some men by the barrow—the prisoner did not go to our house, he escaped.
MR. DOYLE. Q. Did your brother come home after he had been on the other side of the water? A. Yes, and he left some money, and went out with me—I have no doubt at all about the prisoner putting his hand into my brother's pocket—he tore the pocket to get his hand out.
JOHN JAMES CABLE . (Policeman, M 106). On 4th June, about a quarter past 7 o'clock in the evening, the prisoner was pointed out by the prosecutor's mother; when I went to him he ran away—I followed, and overtook him—he was rescued from me by some of his associates—he was taken into custody again on 20th June.
Cross-examined. Q. Has he lived there some time? A. I cannot say, but he is often about there. Witnesses for the Defence.
HENRIETTA ELLIOTT . I live at No. 15, Mint Street, nearly facing where the fight took place. I have lived there four months—I work for my mother, at crotchet work—I have been in service—I saw the prisoner standing at the post, three quarters of an hour before the fight took place—I know that, because I was sitting on my door step doing my work—I saw the prosecutor and another young man coming up Mint Street; the prosecutor had his coat off—the other young man was tipsy, as well as himself—they came up swearing, and the prosecutor said, "I will fight the biggest man in Mint Street"—he came up to the prisoner, and struck him in the
face, without any reason—the prisoner turned round to take his own part, and in his turning round they both fell to the ground—I saw the whole of the fight—I did not see the prisoner take any money out of the prosecutor's pocket; he could not have done so from the position in which he fell—the sailor fell down, and the other fell close to him—the sailor had hold of the prisoner's hair when he fell—it was about half past 4 o'clock in the afternoon when the fight took place—there were a great number of people collected together as soon as the fight took place—there were not many people at the time the young men came along—I saw no oyster stall there—I never saw the prisoner before—his mother said that if I came here she would summon me.
Cross-examined by MR. DOYLE. Q. How long have you lived in Mint Street? A. Four months—before I came there I was in Warwickshire, as a servant—the public house is at the corner of the Mint, in the Borough—the oyster stall is at some distance from where the fight took place—the prisoner was standing entirely alone by the public house, and the prosecutor struck him in the face—the prosecutor, to save himself from falling, caught the prisoner's legs—the prosecutor fell, and pulled the prisoner with him—there was a crowd collected, but I got up and went close to them—the prosecutor's sister was not there till after the prosecutor got up again, then she came running without her bonnet—she was not with the prosecutor at all—the time was half past 4 o'clock—a young girl and an elderly woman took the prosecutor away—the prisoner followed after them to the place where the two young men, and the woman, and the young girl went in—the prisoner came back, and I saw him having his boots cleaned—I then went in doors.
MR. LAXTON. Q. Did the prisoner run away? A. No, he followed them—I was in the service of Mr. Clark, in Warwickshire—my mother has lived at No. 15, Mint Street, from the 1st of January.
COURT. Q. When did you see the prisoner again? A. Not till now—I heard he was taken up, when he was having his hearing—a young girl that I used to lark with down the Mint told me—I did not go to the police Court till all was over—I was not in town, I was down at Gravesend—I cannot tell when I went to Gravesend—I did not notice the time—I thought it was nothing of any consequence, merely a fight—the way I came to know it was, I was talking with a young girl and the prisoner's sister, who lives in Trinity Court, at the top of Redcross Street.
CATHARINE CARROLL . I live at No. 10, Essex Court, Park Street, Borough, near Mint Street—I sell fruit for my living—my husband is a fur skin dresser—I have lived four months in my house—I do not know anything of the prisoner, no more than being going on my errand and seeing him—his mother lives in the next court, and I believe he lives with her—I believe his father has a business in that house—on 4th June I was in Mint Street between 3 and 4 o'clock; I was going to Mr. Gibson's, in Mint Street, for some tea and sugar—when I got to Mint Street I saw a mob, and two lads, as I thought, fighting—I saw the two young lads get up together—I saw a young girl come and take the sailor chapby the arm and ask him to go home—there was an old woman who, I believe, was his mother, and he said, "Mother, mother, let me have a knife, I will rip him up"—I saw the prisoner stooping down, picking up his cap—I walked along with the mob and saw no more of it—after the fight was over the prisoner walked along with the mob as far as Adams Place, as far as where the prosecutor lives, and there was no thought of robbery alleged.
Cross-examined. Q. Do you know the prisoner? A. They live in the next court I believe—I have never spoken to him—I did not see the beginning of it—they were in the act of being picked up—his mother asked me to come here—I believe she is here—I am sure this happened on 4th June, between 3 and 4 o'clock—I was talking about it the same afternoon, and his mother came to me last Monday.
MR. LAXTON. Q. But you told the mother first about it? A. She came to me last Monday and said if I did not come as a witness she would summon me—I told what I know, and that is not much.
The prisoner's mother and sister gave him a good character.
GUILTY .†— Confined Twelve Months.
816. WILLIAM JONES (26), and RICHARD COTTER (21) , Burglaiously breaking in and entering the dwelling house of Margaret Richardson, and stealing 1 desk and 1 cellaret, value 2l., her property, and beating and striking her.
MR. DOYLE. conducted the Prosecution.
MARGARET RICHARDSON . I live in the parish of St. Mary's, Newington; on Sunday night, 28th June, my children, my grandchildren, and I went to bed about half past 10 o'clock—the doors and windows were all perfectly secure—I suppose I had slept a bit—I was then disturbed by a noise like the wind shaking the window of the one pair of stairs room—I listened, and I suppose I dozed off to sleep again—after that I heard a knocking as if some one had got a hammer—I opened my eyes and there was a light in the room—I thought it was a stormy night, and that it was lightning—I heard the noise again—I got out of bed and called out, "Mary, there is a noise in the house"—the prisoner Jones ran to me and gave me a violent blow in the face, which stunned me—he was about to strike a second blow, when I caught his hair and held him—I do not know in what part Jones was when I jumped out of bed—I did not see him till I felt him—I hallooed out "Thieves! murder!" and in an instant the policeman was there—he said, "Open the door"—I said, "He will murder me"—Jones was then striking my head as hard as he could—the policeman hallooed out again, "Let me in"—I said, "Mary, Mary, come to me!"—she came in and Jones got away—I do not know whether all the blows Jones gave me were with his fist—I thought it was with a sledge hammer, it was so violent—he got away and ran out—I afterwards saw how the house had been entered—when the servant came I went down and tried to open the street door, but I could not—I set my back against the door—the servant came and opened it—I said, "They are gone out of the back"—the policeman came in and followed them out—my neighbours came and they went out and found a ladder—I missed an old fashioned cellaret which had been in the back parlour, and an old fashioned desk which had been in the front parlour—this screw driver was brought into my bed room, and this knife was found in the house, it is not mine—they were not in the house the night before.
Cross-examined by MR. BEST. Q. As soon as you got out of bed, you received one of those frightful blows? A. Yes; and directly after he was making another blow, when I seized his hair and dragged him to the window, and cried out—this did not take place in one minute, it was four or five minutes—it was neither light nor dark—I was considerably excited—I had seen Jones before; he has been prowling about the neighbourhood for some time—on one day in particular he was leaning on a post, staring at me very hard—I had no suspicion of him.
Cross-examined by MR. LANGFORD. Q. You saw nobody but Jones in
room? A. No; but the other was under the bed, no doubt—I did not see him, but no doubt he crawled out and got away—I heard some one go down while Jones was beating me.
ELIZA SUNTER . I am servant to the last witness—on that night, between Sunday night and Monday morning, the 28th June, I was alarmed by hearing my mistress scream—I went out of my bedroom to my mistress's room—as I was going, the prisoner Jones met me on the stairs; he gave me a push; he said, "You b—, I will kill you"—I did not do anything; I was very much frightened—he rushed down the stairs—I cannot say whether he went out of the house; he made his way to the back way—I afterwards looked at the back door, and found it open—it had been fast the night before—I found this screw driver beside the bed in my mistress's room.
Cross-examined by MR. LANGFORD. Q. Did you see any other man but Jones? A. No, not in the house—the ladder belonged to the person who lived next door but one.
COURT. Q. Did you hear anyone else in the house? A. Yes; while Jones passed I heard some one below; I could not say where.
JOHN DAY . (Policeman, M 187). On the morning of the 29th June I heard cries from Mrs. Richardson's house—I went up and was waiting at the front door—I was admitted and passed through the house—I found the back door wide open—I went through and pushed the water closet door open—I there found this property—there was a ladder at the back window, and the back bedroom window on the first floor was open—I was informed by the last witness that the men had escaped—I scaled the walls of the back premises; as I knew the locality, I thought it was impossible they could escape any other way—I scaled the walls of several other premises, and in the eighth yard I found the two prisoners together, near the back window of a house—I asked them what they did there—they said, "Don't strike us, don't strike us"—they then paused for a moment, and one of them said, "We give ourselves up; we have done wrong; we won't resist"—I found on Jones one key, some matches, and this pocket handkerchief—I found nothing on the other but a handkerchief and a comb.
Cross-examined by MR. LANGFORD. Q. You said to them, "What are you doing here?" and one said, "Don't strike us?" A. They both said that—I believe it was Cotter said, "We give ourselves up."
JONES— GUILTY. of burglary with violence.—
COTTER— GUILTY. of burglary. The prisoners were further charged with having been before convicted.
WILLIAM BROAD . (Police Serjeant, L 23). I produce a certificate—(Read: "At the Quarter Sessions at Newington, on 9th February, 1852, Richard Cotter, Convicted of larceny, Confined six months and whipped")—Cotter is the person—I was present at the trial—I have had him constantly in my view since. The conviction against Jones was not proved.
COTTER—GUILTY.*— Six Years Penal Servitude.
JONES—GUILTY.*— Death recorded.
MR. SERJEANT PARRY., MR. SLEIGH., and MR. SHARPE., conducted the Prosecution.
JOHN CHALLICE, M. D . I am medical officer of health to the parish of Bermondsey, and have been in practice sixteen or seventeen years; I have been fourteen years in Bermondsey, and have had some experience. I know Mr. Burgess's premises—I have been there on several occasions during March and April—I found heaps of bones there in a dried
condition—there were other smaller heaps of joint bones with cartilage and matter hanging to them, and there were what are technically called glue pieces, with trimmings, and skins, and ears, and tongues, and nose pieces, and tails, and matters of that description—there was also a great heap of gas refuse within a building which had been partially erected and stopped, and also in the open air; the building was uncovered—there was a boiler on the premises, but they were not boiling when I saw it—it presented the appearance of having been used for boiling bones; there was some fat at the bottom, which induced me to believe that—I saw a cask with the remains of fat in it, also a quantity of carboys, which had contained sulphuric acid—I had seen that on Mr. Burgess's premises on previous occasions; that is used for the manufacture of manure; mixed with what I believe to be bone powder and coprolite powder, it forms a soluble manure, super phosphate of lime—in March and April, when I visited the premises, I formed the opinion that mixing sulphuric acid and boiling bones would be a nuisance, but I did not see it, and therefore did not certify it as a nuisance—it was in a latent condition—there was no active operation going on—if sulphuric acid was mixed with bone dust it would cause a nuisance, by giving off a suffocating vapour—in consequence of directions I received, I went in May to the defendant's premises—they were placed under my inspection by the vestry, in consequence of complaints which had been made—I first went on the 11th; or 12th, for it was at half past 1 o'clock in the morning—when I got within 200 yards of the place there was a light vapour coming in a direction from the premises—it was a very fine night, and the atmosphere was very clear—I was in a patent safety cab, and when within 200 yards of the premises the vapour became perceptible—on reaching the premises there was a great noise; the steam engine was at work, and vapour was all round me, clear and distinct—the gate was closed—on the eastern side there was not much smell, but on the western side (the wind was coming towards the west) the vapour came—it produced with me difficulty of breathing and headache, and it was excessively offensive—there was a vapour hanging over the ground for a considerable distance from the premises; I saw it from the arches of the railway, and on the other side of the railway, the south side, the atmosphere was perfectly clear—there was a great steam arising from a ditch, which I imagine to have been caused by the waste water of the steam engine—the vapour was almost entirely on the western side—it appeared to come from the erection close to the railway—operations were going on there—I experienced a peculiar metallic taste in my mouth; I believe that to have arisen from the use of sulphuric acid; that would produce headache—the vapour gradually dispersed during the half hour I was there, and in dispersing, it became more diffused and less dense—I did not at that time smell anything that I think arose from gas finings—in my opinion the smell I smelt at that time would be injurious to health—it was not a pleasant smell—you could not enjoy life in that vapour—the ditch round Mr. Burgess's premises runs on the west, and a little to the south—I did not perceive any smell arising from it at that time—on 4th June I went to the premises again—Mr. Shepherd came to me that morning, and Dr. Aldis accompanied me—there was then a different smell—the steaming process, the extracting of fat from the bones, was going on, and vapour was escaping from the building, which caused a very bad smell, just as there is from a bad cook's shop; I do not know anything more sickening—I do not think the defendant has had any fish there of late—the vapour that escaped was from two chambers, called extractors or digesters, by means of the application
of steam; the defendant is a very skilful man, and he has made engines to extract fat from these bones, which have been cleaned beforehand, and during this process there is a sickening vapour given off—the gas finings were at that time in a state from which there was not so much stench—if it was wetted, and the sun came on it, there would be a very disagreeable smell; it contains a quantity of sulphur; it is what has been used for the purifying of gas—I saw bones lying about in a semi-putrid condition; the cartilage attached to them was wet—I wanted to take away a sample of them, and of the gas refuse; I asked Mr. Burgess's permission, and he declined—Dr. Aldis was not with me at that time; he stopped till Mr. Burgess told him to go: that was at the entrance of the premises; Mr. Burgess came up; I told him who he was, and he told him to go, that he had no business there, and I think he walked away quietly—I remained—Mr. Burgess was very civil to me—I was on the premises about an hour on 4th June; the smell was different on that day to what it had been before, and I can swear that it was a different process—I do not think it was acid that was being used—I made this report (handing it in)—the vapour on 12th May rolled over the market gardens, and no doubt contaminated the atmosphere—I noticed on one occasion that the leaves of the fruit trees in the neighbourhood were shrivelled and scorched, and brown at the edges, whilst at some distance from the premises they are in a healthy condition—I attribute the difference to the vapour on Mr. Burgess's premises—he has been on those premises for more than a year, for it is more than a year ago since I was ordered, under the Metropolitan Management Act, to inspect the premises with regard to fish.
Cross-examined by MR. MONTAGU CHAMBERS. (with MR. SERJEANT BALLANTINE., and MR. METCALFE.) Q. When was it you first went? A. More than a year ago—at that time there was a shed on the premises; the steam engine was being erected, I am not certain as to the large building being commenced—the mixing of sulphuric acid with manure went on in the shed—I have not the date of my first specific visit after Jan., but I have no doubt it was very early in the year—I have not noticed this smell over and over again particularly, when I have travelled along the railway—I have not said that it might be offensive in Belgravia, but that it was nonsense to talk about its being a nuisance there—I have said that there was a difference between a manufacturing district and St. George's, Hanover Square—Dr. Aldis lives in Hanover Square—the manufactories between Mr. Burgess's and London Bridge are all improved very much, and some are removed—there is a manufacturer of manure not from coprolites, I believe they use sulphuric acid; and I believe they use natural manure with plaster of Paris—they are not very particular about the animals that the manure comes from—not far from Mr. Burgess's they have been baking fresh manure; I cannot prove that they bake night soil—Mr. Hale has been summoned before the Magistrate, and we are preparing an indictment—I believe they dry the manure under the arches—it makes a very bad smell, but I do not think it is so bad as the smell from Mr. Burgess's—it is stinking and nauseous; it is baked by means of heat—I have reason to believe that night soil is carted and carried there at night; sometimes that makes a very bad smell—I have reason to believe that is constantly going on during the night—there is a fellmonger's yard close to Mr. Burgess's, and the arches of the railway there are used for varnish boiling—there are two arches at the back of Mr. Burgess's which almost abut on his premises, where they carry on the varnish making—I have managed to get into them, so as to see
the process that they carry on, but they are generally locked; it is at night that they carry on this manufacture, and there is a very suffocating smell emitted; I believe muriatic acid is used—my attention was directed, more than a year ago, to the tops of the arches which are left open to allow the vapour to come out; the manufacturer closed the arches, and I told him if he did so he would kill his men—I have never had any complaint made to me since about the arches—I do not know the name of the person who complained at that time; it was not Mr. Sheppard—I had expressed my readiness to go there at any time, as they complained that I had not been active—I believe there has been a dispute about a right of way—the varnish manufactures would poison plants, supposing the vapour to go that way; they have each an appliance to consume the vapour in the shaft, but I do not think it is quite effectual; in fact I do not think they like to use it, they are afraid of explosion—there are a great number of tanneries in Bermondsey—as you approach these premises there seems to be a legion of them; in some of them they use what is called "pure;" that is, a solution of dog's excrement—it is used in pits, the nuisance arising from that is simply when the solution is let off into the sewers, but that has now been remedied by the use of deodorizing powder, and by the free use of water; it is not used so much for the heavy as the lighter skins, such as are used for ladies' gloves—some have endeavoured to get rid of the nuisance, nevertheless the air is impregnated wherever the deodorizing process is not used—besides that, the soaking of putrid skins would produce a smell, but lime is used—the smell from the fellmongers' yard would not be agreeable—in spite of all this, it is one of the healthiest spots in the metropolis; we have less consumption in Bermondsey than in any district in London, the open ground near the railway is the best spot for a Consumption Hospital—my printed report merely speaks of the great prolificness of the neighbourhood—Mr. Burgess's premises are open in one direction; you can get in with ease—I was not aware that I could have got in on this night, when the vapour was spreading—I did not go on the premises, and I have been since informed by Mr. Burgess's legal adviser, that I had no business there at those hours—I do not know the name of the person that guided me on that night, but I believe it was Clark—my report, in substance was, that I could not certify it as a nuisance which was injurious to health—I have said that I discovered nothing till I got on the premises, but then it was in a state of repose—on the previous occasion it was the bones in the heaps and the bones in the tubs that were complained of, with the ligaments and cartilage attached to them stinking—I thrust my stick into the gas refuse, and then took it out and put it to my nose, and discovered that it was not a nice smell—I took up a bone and smelt it—I wanted a sample of the bones—I believe the fish that I condemned was taken away instantly, at least, a portion of it—(MR. SERJEANT PARRY. here stated that Mr. Burgess had removed the fish)—on 12th May, when I was called at half past 1 o'clock in the morning, the parties were waiting at my door when I came home—I had been dining out—I went in a cab, and the parties followed after me; I went along Blue Anchor Broad into Drummond Bow—I alighted from the cab and went to the gate, the vapour was almost a flame, it was dense smoke which could be seen from the Drummond entrance—the steam engine was at work, and the machinery for grinding the coprolite and the bones was working at a great rate, and there was a very great noise—I went up close to the gate, and walked up under the railway arches in company with a policeman—I attempted to look over
the gate, but could not see over the premises—I then came down to the end of the shed which abuts on the railway and comes up above the railway, that took me not very far from the varnish manufactory; I stood there some time, within a very few feet of Mr. Burgess's—I did not pass under the arches—none of the persons suggested to me that I might go to the back or open part of the premises where there was no wall—the vapour was not coming directly towards me, but more towards the market garden ground it left a metallic taste for some time, an astringent taste, acid and copper together, more like acetate of copper—I think I was within seven or eight yards of it—I am positive that I was not actually on the premises, but I was within seven or eight feet of them—it was after waiting there some time that I discovered the metallic taste as well as the smell, and I said, "I can not stand this any longer"—I think the smell would come from sulphuric acid mixed with gas refuse; there was gas refuse, and there were receptacles for sulphuric acid there—Mr. Burgess refused me a sample of what I call the gas refuse, and therefore I could not ascertain what it is—I had an opinion that it was oxide of iron purifier, but my notion is that there was some lime also, but I will not venture to swear it—oxide of iron is used in the London gas manufactories to separate the sulphurous hydrogen from gas, in preference to lime, but it is objected to by Dr. Letheby—I was informed by the defendant's foreman that the large heap was gas refuse—there are two kinds of gas refuse, and I am inclined to think it was the iron—I do not think it would have been so offensive if it was the lime—I have never tried the experiment of pouring sulphuric acid on the oxide of lime purifier; and I would rather not give an opinion on what would be the effect of it, as you have Dr. Odling by you, prompting you; I have not tried it, and do not know, and therefore cannot give any opinion upon it—I will not swear that what I call gas refuse was not oxide of iron purifier—my impression is that sulphurous acid gas was given off, and that that caused the stench—I was there about an hour or an hour and a quarter—I was walking about, trying to see if it came from any other source—I smelt it for about twenty minutes, and yet they never took me to the open part of the premises with the policeman—the ditch round the premises was not clean, the steam engine was at work—I have seen the refuse water from the steam engine run into the ditch at a high temperature, and that makes a thin white vapour—I should not have complained of that alone—in fact the surplus water from the engine in some respects makes the ditch less offensive—there was an offensive smell on 4th June like steam from bad meat—I took up a bone then, and smelt it, but not the same bone—there was a vast quantity of bones all decomposed; there must have been several tons; they were dry; you could break them with your hand—I did not object much to anything except those great heaps that become heated, and smell—I should not object to them alone in the state in which I saw them, but if you were to cook them they would become offensive—what I call the wet bones were in receptacles and tubs; they stank—I had to go up to them before I found they were not fresh, and I took up one to be certain of it—I was successful with the second one I smelt in getting a stinking bone; that was a wet bone—I should think there were somewhere about a dozen tubs and other vessels—there were four extractors or digesters—I do not know the process of charging them; I have always been told that they were not used—I believe they are a very great improvement upon the old boilers—I believe there is an attempt to make them perfectly air tight, but there was vapour escaping from them on that day—there
must, of course, be the means of allowing the steam to escape, or there would be an explosion; the object is to make them perfectly air tight—I have no doubt they were erected with the intention of preventing any vapour or smell coming out—I did not go close to them; I saw the vapour coming from them when I was in Mr. Burgess's premises; it appeared to come from the top—it was a smell of melted fat; it was not strong; I did not say it was slight—there was a smell from the arches on that day—that is a very filthy smell, and extends some distance—the inspector of nuisances was with me on that occasion—Mr. O'Brien, I think, was the first to suggest that there was a different smell, and we hunted it out; it was distinct and different from that which came from Mr. Burgess's—they did not mix together—when I detected the fatty smell, we stood opposite Sheppard's ground, close to the borders of Mr. Burgess's, and about thirty yards from the spot—it was not a slight smell, it was a very decided one—it was not a wholesome smell, I swear that—I have not said that it was not at all injurious or unwholesome—I have said, as to the fat in the casks and receptacles in Mr. Burgess's yard, that I could not certify that that was injurious to health in the condition in which I saw it—I had noticed the trees before that—I have not been on the premises lately—I was shown some peas and some cress that looked very well—they were on the foreman's ground—I believe Mr. Jennings grows peas—there are market gardens all round—the vegetation looked very flourishing.
MR. SERJEANT PARRY. Q. What was it that you complained of that would be uncomfortable and unpleasant in the neighbourhood on 4th June? A. The vapour escaping from the extractors—they are fourteen or sixteen feet high, and about four feet in diameter—(MR. CHAMBER. stated that they held two tons of bones at a time)—there are four of them, worked by steam—the vapour was perfectly perceptible from the market garden ground—it was a sickening smell—it might make a person with a delicate stomach sick—if it went into the bed room of a person either sick or well, it would make the person well sick, and make a sick person worse—it would make a healthful person uncomfortable—there was also a smell from the gas refuse—it was not a strong smell—I put my stick into it—it was a faint sulphurous smell—the bones had the meat all cut off—they were bones collected from the butchers' shops—I said they were bad—they were small in quantity in proportion to the others, but I should think there must have been a ton or two on the premises—no doubt heat would cause them to produce an unpleasant smell—supposing some tons of these wet bones, on a hot summer's day, were lying in the open air, they would have a tendency to infect and impurify the atmosphere—I am quite certain that the sickening smells, and these sulphurous smells, on 4th June, came from the defendant's premises—a shower of rain with heat afterwards would produce that—I know Row house—it is a detached, gentleman's house, I should think a third of a mile from the defendant's premises—I passed it to enter the premises that morning—I smelt a distinct smell at 200 or 300 yards from the premises—it became stronger as I neared the house—I noticed it for twenty minutes—it was a dense vapour coming in one direction towards the open market ground on the west—I have no doubt at all that that vapour came from Mr. Burgess's premises—a portion of it came from the shed—it appeared to me to come from the mixing process of the sulphuric acid and the bones—it was something similar to what might come from a varnish factory—I investigated in every direction with the policeman to ascertain where it came from—I do not believe there were any varnish smells—there is no tannery
for half a mile—steps have been, and are being taken at the present moment with reference to those—in my judgment, the vapours arising from the premises of Mr. Burgess would lower the health of persons living in the neighbourhood—I think I have been to the premises five times altogether—three times before the last two months—it would depend on the wind and the state of the atmosphere as to how far that vapour would be carried before it would be entirely dispersed—that night was a very still night and rather warm—I think it might be carried a quarter of a mile.
COURT. Q. Did you distinguish the sulphurous smell on 4th June, off the premises? A. No.
CHARLES JAMES PAUL ALDIS . I am medical officer of health to the parish, of St. George, Hanover Square. I have practised as a phyician about thirty years, and am senior physician to the Surrey Dispensary—the subject of nuisances comes very frequently under my attention; within the last year, constantly—on 11th April I visited Mr. Burgess's manufactory, about 1 o'clock in the day—I remained there about three quarters of an hour—I did not examine the manufacturing process—I visited them at the instance of Mr. Spanton, Mr. Claridge, Mr. Armfield, Mr. Jennings, and Mr. Sheppard, persons living in the neighbourhood—on entering, I observed immense heaps of animal matter, consisting of slips of sheep skins, and other things, in a very offensive state—one heap was only from sixteen to eighteen feet from the houses of Mr. Spanton and others—they are small houses, on the left, very nearly adjoining Mr. Burgess's premises—I also observed an immense accumulation of bones and skulls, and the bones had animal matter adjoining to them—some of them were in an offensive state—there were large stacks, there might be 300 tons—there were stacks of dry bones, and I smelt offensive smells from them, and from the animal matter also—I smelt that at the entrance of the yard, and there was a smell coming from a copper—it was a fine day, and rather cool—rainy weather would increase the offensive smells, they would be almost intolerable, I should think—there was a large copper there, about 6 feet 5 inches in diameter, and about 6 feet deep—that was in the open yard, without a shaft or chimney of any kind—they were boiling bones in it—vapours were issuing from it almost at right angles to the house—the vapours were very nauseous, and, of course, this was increased on their being stirred—I was there while they were being stirred—they were calculated to have a sickening effect—they did not have any effect upon me at that moment—the wind carried these vapours directly towards the houses that day—I did not at that moment feel any sickening effect from it, but I did on a subsequent occasion when I went, and was not permitted to go in—the copper had no lid to it, I saw none—it was in the open air; it was a large copper, and there were, close to it, two receptacles containing the skimmings from this boiler, very nauseous—I saw twelve receptacles, like small tubs; some were full, and some half full, of bones and green foetid water—there was an offensive odour from them—of necessity, from the wind blowing, these vapours would be carried into the neighbourhood—I saw animal matter—I counted eight pieces, which the men called glue pieces; they were sheeps' ears—I saw an open ditch, and vapours issuing from it—I tried some of that water, and I found fat in it—I have no doubt those smells were carried into the neighbourhood—some of that water came from the steam engine, but there was other water I have no doubt—from what I saw of the premises, and the matter there, I am of opinion that the vapours arising from this factory are dispersed in the neighbourhood, and are injurious to health—I
noticed the vegetation around there; a great many of the leaves of the trees were withered—I will not say the whole, but those nearest the premises were; others, at a greater distance from them, looked healthy—I heard Dr. Challice describe the gas finings; I had no opportunity of examining them—my impression was, that they were oxide of iron—pouring sulphuric acid on bones, I should say, would produce an injurious vapour—I heard Dr. Challice describe what he saw on the morning of 12th May—I agree with him as to that vapour producing illness and sickness—it would produce the acrid taste which he described, and tend to the injury of health, and to lessen the enjoyment of life very materially; in fact, it would destroy all comfort—after a time the oxide of iron is put in the open air to purify itself, and so nauseous is it that, in my own district, they are obliged to purify the vapour from it by drawing the atmosphere through it—I went there on 4th June, the same day that I saw a large wagon going into the premises—I went with Dr. Challice, and saw Mr. Burgess; I told him that I was the medical officer of St. George's, Hanover Square, and I came at the request of Mr. Grey—I went into the yard—I did not smell anything on that day—a great number of the bones and the animal matter had been removed; it was, comparatively, in a clean state that day, as far as I saw—I did not go into any examination—I discovered a smell in the Drummond Road, which is about 100 yards off, which was very offensive—it caused me nausea, and sickness, and headache—I can distinguish the smell arising from the digesters from the varnish smells—I took as much pains as I could, and can distinguish them—I went in the market garden, and there was the smell there.
Cross-examined by MR. SERJEANT BALLANTINE. Q. These are not many of these things in St. George's, Hanover Square? A. No—I am aware that the object is to preserve the bones, and to turn them into different articles—the object in a factory of this kind would be to boil them while they are fresh—I am not aware that the purposes of the manufactory would not be answered unless they did so—throwing sulphuric acid on bones would produce a smell—the copper that I have spoken of is for the purpose of boiling these bones, and, assuming that they are boiled as fresh as possible, I think there might be an injurious result from that copper—I do not consider that after bones have been boiled they would emit an injurious vapour—if bones which are to be used for turning into knife handles were put into the boiler fresh, and in a large quantity, they might emit a vapour which would be injurious—I should not like the atmosphere of a cook's shop—I should think, in some places, it might be injurious to health—in some diseases it would, in diarrhoea—I think the vapour from a large accumulation of fresh meat would be injurious—the quantity that I saw would be in a close neighbourhood—I would not go so far as to say that a quantity of meat in a butcher's shop might be injurious to some persons—the copper was 4 feet 6 inches in diameter, and about 6 feet deep—people living in such a neighbourhood would suffer more than others—the smell that I mentioned would be an injury to health, the smell from the digesters and the large accumulation of animal matter—a good deal of it smelt putrid to me—I assume the putridity to be injurious—I did not perceive any effluvia from the animal matter on the premises—there was the boiling in the copper, and the collection of bones.
MR. SERJEANT PARRY. Q. Would the smell from the digesters be injurious to health? A. Yes, it would, and on women more particularly; and children would be very much affected by it—the neighbourhood is rather
open, the houses are small—a number of families living in the same house are more likely to be affected—in a neighbourhood like that, a vapour such as I have described would be more injurious than in others—the families of the poor live generally in small houses, and are more crowded—the bones I saw were in a semi-putrid state—I smelt a very offensive smell indeed from the bones throughout the premises, and from the animal matter—the slips of sheeps' skin, and bullocks' ears and skulls, with the flesh adhering, were in a semi-putrid state, and the smell from them was very offensive.
WILLIAM SPANTON . I live in Elizabeth Place, near Mr. Burgess's factory—he has been there about eighteen months—I did not perceive any very offensive smells before he came—there are varnish makers, but they are farther from my house—since Mr. Burgess has been there I have perceived offensive smells; the bone boiling began last March, I think—I have seen vapour issuing from his factory—the smells have been very offensive on those occasions—on 11th April I went with Dr. Aldis and two other persons to visit the premises—I saw heaps of bones, many of them as high as the ceiling—on the left hand, as we went in, were wet glue pieces lying all about; I should call them bits of skin—there was a nasty faint smell from them—I saw a copper boiling, and a man stirring it up—I went close to it, vapour and steam was coming from it—it went right to my house—the wind was blowing north—I smelt a very bad smell—there were lots of bones, some dry, some had been boiled, and some were wet and stinking—they had been there months, and many of them I believe twelve months—on 12th May I went there again, but did not go into the premises—I was there about an hour—I saw vapour issuing from the factory—we went up the arches a little way opposite Mr. Burgess's—the vapour arose from Mr. Burgess's and extended all over Mr. Sheppard's ground like a fog; it came out of the loop holes close by the steam engine; it had a nasty faint smell, it made me sick—I had been to Dr. Challice before 12th May—I fetched him that night—I was called out of my bed to go, by Mr. Clark at half past 12 o'clock; he said we should be all poisoned—I have frequently been outside the premises during the night and have perceived that smell and vapour—I know the difference between the smell of the varnish maker's and Mr. Burgess's—I cannot say that I felt sick before 12th May, but I have had the headache very badly—I smelt the gas finings, I sat down close to them.
Cross-examined by MR. M. CHAMBERS. Q. You are the owner of five houses near the factory gates, are you not? A. Yes—Mr. Burgess wanted to take them, I do not know that I wanted to let them—I asked 60l. for them after a bit, but never had any answer—that was twelve months before 12th May—there was a smell then—there was a road to Jennings's shed, it always was a road, Mr. Burgess's building crosses it—I did not pull down the wall; I was there once when some would have pulled it down, but Mr. Burgess's party were rather too strong for them—I do not know whether I am to be a witness in the action at Croydon about the right of way—no action has been brought against me by Mr. Burgess that I know of—I never heard of it—I do not know when the last row was between the attacking party and Mr. Burgess's party—I do not recollect saying that I had been made a fool of with regard to my houses—I never, to my knowledge, said that I had been made a fool of by Jones, Mr. Burgess's foreman—I might have said that—I did not call on Clark and ask him to assist me in getting rid of the b—and his factory—Clark called on me and said he could do it—that was on the Monday as the 11th April was on Saturday—I do not think
Clark was present at the piece of work about the wall—it was on 12th May that I went with Dr. Aldis—I do not think the digesters were at work then—the copper was at work in the middle of the yard—it was when I went with Dr. Challice at 2 o'clock in the morning that I observed the digesters—when I went with Dr. Aldis I believe I saw bones heaped up as high as this ceiling, or nearly so—I believe they were dry, the biggest heap was dry—it had been raining all the morning; they could not be dry—I got wet going there—I saw some bones in a tub—I dare say I saw about a dozen tubs with green water on the top of them—I went close to the copper, I believe I touched it—I did not want to put my nose to it—I smelt it before I got into the premises at all, from my own house, and further than that—on the night I was called up, the smell came from the digesters, it always does come from them; it made me sick, it was a stinking smell—I could not see the digesters at that time—I heard Dr. Challice state that the smell came from the sulphuric acid on the gas refuse—I would not swear but it was that, but the smells are so much alike to me that I could not tell the difference without seeing the operation; it came from near the steam engine, it could not come from the varnish maker's—we were between the two places.
MR. SERJEANT PARRY. Q. Have these smells been offensive and annoying to you? A. Yes, I have noticed them ever since last March, barring the last five or six weeks.
THOMAS JOSEPH JENNINGS . I am a leather dresser. I have premises adjoining Mr. Burgess's—I have worked there for nineteen months—he came there about the same month that I did—at that time the houses in Elizabeth Place and Drummond Road were there, and all the houses marked in this plan, in the neighbourhood where I live—I reside, with my wife, facing Mr. Burgess's gates—I have no children—I have had cause to complain of smalls from last Feb. twelvemonth—they have been worse since March last year—I have not noticed them every day, at times I have—I went to the premises with Dr. Aldis, I have heard his evidence and that of Spanton—if they are boiling bones or mixing stuff, it is very offensive—on the morning of 29th April, about 2 o'clock, I was compelled to leave my bedroom and go out, because the smell was so bad in my bedroom—I left the house—I observed some one working at the copper, which was boiling, and there was a sort of vapour from the large building on the left, in a line with Mr. Spanton's house; the vapour was coming from the skeleton of the shed, it is not an enclosed shed—I went away and returned about 3 o'clock, it was not so bad then; the copper was boiling and they were at work at it—bones were boiling on 4th, 11th, 12th, 13th, and 28th April, and the vapour was driven by the wind on my premises—that was in the day time, at times, not every day; sometimes it continued all day—it is very bad when they are boiling, and when they are emptying the extractors; the foreman has told me they contain three tons of bones; the vapours travel about all ways, according to the wind; if the wind is easterly the bone boiling is very little offence to me—I have no memorandums of 17th or 18th May—at all times the gas finings are very offensive, within, three feet of my place—my brother in law, who is a better judge than myself, supposed that there were 300 tons of finings; I should say one heap was sixteen or seventeen feet in height, and quite as large round as this Court, and there were other heaps not so large—I have noticed flesh and animal matter on the bones; I have found it offensive, and at all times complained of it—I should suppose there were 250 tons of bones and a great many glue pieces, I do not complain so strongly
of them—I have counted nine horse's legs lying there day after day for a number of days as I passed, and the flies on them till they dropped away—I have noticed animal matter lying there from the latter end of May twelve-month, that was the commencement of bones being shot there—I noticed animal matter lying there for several days together, and I spoke of it till they were removed; those that did not drop to pieces were removed—the trees and the vegetation are affected—my brother in law, Mr. Armfield, has got a sample of a pear tree near the building—they look very well to the eye one night, and the next morning they are all withered—the trees were cut down and the bodies have shown no growth since—I have noticed these smells at my own house in Drummond Road and Blue Anchor Road, which is about 300 yards from the factory—Drummond Road and Blue Anchor Road are highways—I spoke to the police about these smells and nuisances on the morning of the 29th, when I noticed them for a long time, the whole of the day, it was very unpleasant—there are some varnish manufactories there, I could distinguish the smell that arose from Mr. Burgess's—I have no doubt these smells came from Mr. Burgess's—I have noticed smells from the varnish, but not constantly.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Did you offer to sell your premises to Mr. Burgess? A. Yes; we have had discussions about the right of way—I did not knock Roach down, I never hit a man in my life; I knocked the wall down, three times—I never said, that if I did not have the road way I would go to the Board of Health and complain of the premises.
MR. SERJEANT PARRY. Q. Did you claim a right of way there? A. Yes, Mr. Burgess built a wall there and I knocked it down.
FREDERICK ARMFIELD . My manufactory is about 100 feet from Mr. Burgess's, but I live at No. 1, Drummond Road. I have lived there ten months—I have noticed smells from Mr. Burgess's factory, not every day, but by day and by night, occasionally; they have been very offensive—the gas refuse was very offensive, and the stench from the bone boiling so bad, that you could not stand in the shop; they boil bones for about two months, on and off, since last April—the smell from the gas has been like an escape of gas in a room—I have a wife and five children, these smells have affected their health, I have one child very ill now, and I attribute it to that—I and my family have been ill from the stench—the smells from these immense heaps of bones have injured the pear trees in the neighbourhood—I have very often passed by them, and the smell is very bad when it rains and the heat comes on them afterwards—there are about three tons of them—I have noticed the dogs go in and take a piece of 3 lbs. or 4 lbs. and take it away—I have observed these smells in the Drummond Road occasionally, but not so much as in the workshop—I smelt it very bad opposite the Holly Tree—on 13th April, it was very bad there, it was blowing across the road on that day in particular—it depends upon the wind entirely—I have smelt it under the arches—the smells are such as must be injurious to health, such as would affect passers by—William Parker was a carman at the time they were removing this refuse, and his eyes were affected by it; they were running with water, and he was laid up for three days; he came into Mr. Benson's public house, and he could hardly move—I have never observed the vapour arising from the gas refuse, that is not so bad.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. When did you notice the smell from the copper? A. When I was along with Dr. Aldis on 11th
April—I have noticed it on other occasions—I believe the copper wag used every day from 4th April up to 13th, day and night too—when I have got up at 5 o'clock in the morning, I have seen the men stirring the bones and emptying them out of the copper, I have smelt a smell on those occasions—I have seen steam coming from the copper—it smelt of rotten fat; it did not come from the extractor, it came from the iron pot or boiler—I complained of smell from the gas heaps; it was very offensive; I went across the right of the way—I smelt smells before Mr. Burgess built the wall, from the gas refuse and the bones, and since then also; there is always a smell from it, more or less.
BENJAMIN GALE . I am a market gardener, and live at Jamaica Level, Rotherhithe. I have lived there eighteen years—all the houses in Elizabeth Place, Drummond Road, and Jamaica Level were built and occupied before Mr. Burgess came—since he came he has been building a manure factory—I have occasionally smelt smells—my house is from 200 to 300 yards from Mr. Burgess's—if the wind blows from the north or north-west, the smell will blow on my ground, and as I get closer to it I smell it more—those smells produce fainting, sickness, and nausea—when I have been on the railway I could see his premises—I have seen heaps of bones steaming, and have smelt them—the railway passengers would smell it—in cold weather I smell very little of it—I have smelt it in the Drummond Road and in the Manor Road—I cannot say that I am acquainted with the process that is going on—sometimes there were two or three scents together from it—a compound stink I should call it—I have smelt the varnish sometimes—the smell from Mr. Burgess's is altogether of a different kind from what we used to smell before—there is an acrid strong taste from the varnish, but this is more of a faint smell—I believe at the varnish place they have some process to burn it—I believe Mr. Burgess has a boiler in his yard—I have seen steam issuing out from the tiles—at that time the smell has been very offensive to me as I passed on the railway.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. But you have to pass through several bouquets before you come to this? A. Yes—I am not building some houses very near—I should suppose that this smell comes from bones heated and lying in heaps—I speak of the bones that I have seen steaming—they were dry bones, and the wet and the heat of the furnace made them steam—I have seen some fresh bones with flesh upon them—I have seen them in heaps—I cannot say the day or month when I have seen these flesh bones steaming so as to create an unpleasant smell—it was in the latter part of last summer, and then has been some this year—about two months ago I saw bones steaming, and I said to a person in the railway carriage, "Here is a terrible nuisance here," but whether there were any fresh bones then I cannot tell—I saw the steam come up through the tiles—it was from something under the tiles—I should think there was no other smell but that from the bones and that through the tiles—I should not think I could smell the gas from where I live; I can on the railway—I do not think the heap of gas has been there so long as the bones.
Cross-examined by MR. SERJEANT PARRY. Q. Is this very distinguishable from other smells? A. Yes—I have seen the trees about there—half the trees by Mr. Burgess's are quite destroyed, and, I should say, will never bear fruit again—the row of trees next to Mr. Burgess's premises is so—it is from something in the manufactory, but what it is I cannot say.
Anchor Road, about 200 yards from Mr. Burgess's premises—I have resided there about five years and a half—I remember Mr. Burgess coming there—since he has come I have observed a difference in the atmosphere—I have the letting of ten houses, and I find that they do not let so well as they did, and I have perceived smells which I never smelt before he came—it is a sickly, faint sort of smell—it has been such a smell as has affected my own comfort and health, and sometimes I have been obliged to shut all the doors up to keep the smell out—I have five children—about two months ago my wife went to the door, and when she came in she fainted away directly—I observed that the smell was very strong then—I have sometimes observed the smell by day and by night—it comes only at times, but it generally smells worst in the evening—I do not know that I have observed any difference whether the weather is warm or cold, except there is anything parti-cular going on—I can smell the smell at my own house—in what other direction it is, I do not know—I am seldom out.
Cross-examined by MR. SERJEANT BALLANTINE. Q. When did this occur to your wife? A. Six weeks or two months since—she has been pretty well since—my children are very well—my youngest child is two years and a half old—I have not many visitors to my tea gardens—we have not got many respectable people in the neighbourhood—this smell is not every day—I cannot say whether it is from the boiler, or what—I have never been on the premises, only passed them—I have not myself suffered from it, but I find the smell unpleasant—we have not so many tan yards and other things as we had—one night the smell was very bad.
MR. SERJEANT PARRY. Q. Was that when your wife fainted? A. Yes—I have felt sickness from it—when the wind is in a particular direction, and blows it towards our house, it is worse—I have had complaints from my customers—I shut the doors and windows of my house on one occasion—I cannot say for a certainty how long ago that is—I did not shut it up but once, but I have from time to time felt it, and been made uncomfortable by it.
ABRAHAM SHEPPARD . I am a market gardener. I have land on both sides of the road, and have been living there thirty years—I was with Dr. Aldis on 11th April—I have heard his evidence—I saw what he says he saw—I saw heaps of animal matter—there were bones and other heaps—there was a lot of skins and different things, I do not know what the names were—there were various sorts of animal matter—there was a great deal of flesh on the bones in a putrid state—there were smells from the bones, and from the animal matter, and from the boiler—it was a very nasty smell—I saw a heap of the gas finings—in hot or wet weather offences have come from that—I do not know anything of their process of mixing—I have smelt different kinds of smells—my ground adjoins Mr. Burgess's factory—I have smelt those smells in the Drummond Road and in Jamaica Level—I have been annoyed with those smells all the summer—I cannot say that I have seen any horse's legs—this has had a very great effect on a row of pear trees on my ground; it has killed them—I have no pears on them—in the minor parts that go round, I have some fruit on them, but those near Mr. Burgess's are destroyed—my health has been very bad—I was down one night cutting salad, and was taken so ill I could eat no supper—I expect my illness was caused by what came from Mr. Burgess's factory—I was quite sick, and nothing laid on my stomach—it all came from the stuff which Mr. Burgess had got in his yard—I cannot say
what it was—I can distinguish these smells of Mr. Burgess's from the other smells in the neighbourhood—I pass by Mr. Burgess's a dozen times a day—I generally smell something disagreeable.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. What smell do you complain of? A. The smell from Mr. Burgess's—the smell comes from the bones, for one thing—the bones were wet when I went on 11th April—I agree with all that Dr. Aldis has said—what affected my pear trees was what came from the steam engine, or from that building where the steam engine is—it is the steam coining from there, and then there are those stones that he grinds—from them there comes a dust that covers the trees—the dust that comes out falls on my pear trees, and damages them—that is the way the vegetation is injured by the grinding of those stones—the grinding goes on in that building close to the railway—I cannot say that the other smells that I have smelt came from the digestors—they came in that direction—these are the complaints I have to make; the smell from the digestors, the dust from the grinding, and the smell from the bones—I smell them most in general when they have been boiling.
Q. But you have a large dung heap of your own, have you not? A. No—my dung heap is all straw—I have no dung at all—I manure my ground—I have had a collection of manure on the ground, but I have not now——that is what we use for our melons—all sorts of decayed matter make good dung—we have none in our ground—that is dung of the marsh—of course we turn our dung heap, but we never make any nuisance—my pear trees have suffered most, and my tenants, if they find a nuisance, will leave the houses—I have two of them here to day.
MR. SERJEANT PARRY. Q. To what extent do you cultivate flowers? A. About two acres.
JOHN RICHARD BISHOP . I live in Blue Anchor Road, and have done so nine months. It is between 300 and 400 yards from Mr. Burgess's place—I have occasionally observed offensive smells coming from his factory when the wind blows from the south-west; they have been very obnoxious in my house—they have affected my wife's health very much; it takes a good deal to affect me—when the wind is from the south-west, this smell comes right into my house, and fills all the rooms—it is a smell of putrid matter, like a dead dog floating down the river, when it comes against the chain of a ship, in a putrid state—twice in particular I noticed it, on a Friday and Tuesday night, three months and a half ago—I am out all day, and when I come home I am saluted with these smells—my wife has been very bad, particularly that Friday night, and I traced it round by my nose till I came right up to the factory—I did not know where Mr. Burgess's was until then.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Was your wife very bad? A. Not very bad—I called in a doctor—there are smells from the railway arches, but they are different, and will not affect people—I complain of the bones, I do not know what else it is—I never was on the premises but twice—I have lived fifty-two years in the parish.
MR. SLEIGH. Q. Have you been able to distinguish those other smells from Mr. Burgess's? A. Yes, most decidedly.
THOMAS WILLIS . I am a seaman—I go to sea in the winter, and work at home in the summer—I live at No. 5, Elizabeth Place, close to Mr. Burgess's factory—I went through the factory yard one Sunday—I have seen heaps of bones (I can see them out of my window), and heaps of animal matter—we had to get a man to make a hole in Spanton's premises to drain
the water; there had been a heavy rain, and the fleshings that Sunday morning were right up to my door—I have smelt offensive smells from the bones and from the gas finings, when the wind sets from the factory—I was obliged to leave the house once, shut the windows, and take my wife and children and the victuals away for a mile off, in order to eat it—the effect was by night as well as by day—this has been since Mr. Burgess fetched in his fish manure; I cannot say whether he has fetched it in more than once—I saw the fish go by our window in the cart, and it was an awful smell—I have seen fleshing, and fish, and bones, and there has been a smell from them—you could not go within three or four feet of them, it would knock you down—I have been compelled to shut my doors and windows many times, it blows right in—on 11th and 12th June I could see from the window that they were emptying something out of carboys into an iron place, and there was an acid smell from it quite suffocating; it had such an effect upon me that I walked round the road to see if I could find an inspector of police to smell it—I did not find one—I felt ill from it on that occasion—the steam from the extractors is very offensive—I have four children—I have been obliged to take them away from the house more than once.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. The smell from the fish was awful, was it? A. Yes; for the last two or three weeks it has not been so bad—that was not the only smell, there are the heaps of bones fourteen or fifteen yards from us—there is no mixture of fishy smell from the bones—as soon as the fish was brought in, it was complained of and removed; that was the first—since then we have had the smell of the bones and the fleshing—I first smelt the bones when they began to lie in large heaps—I did not apply to be employed on the premises—I heard that Mr. Jones had forty tons to remove, and I said to him that I had a fifty ton barge, and if he could let me have a freight I should feel obliged; but he said it was no such thing—I do not do night jobs—I never assisted in emptying a cesspool, or said I did, or borrowed a spade to do so—I borrowed one, and lent it to another man, and returned it in the morning—I believe the time that I took my wife and children out was when the fish was on the premises; it was either the day the fish went by or the next day—it was about 11 o'clock in the morning; I took them down the main road—I believe I had been at work before breakfast that morning—when the wind blows from Mr. Burgess's factory there is a combination of smells coming in—when they pour these carboys out, the smell is dreadful.
JURY. Q. What rent do you pay? A. 5s. a week—I have the whole house—my wife, five children, my wife's mother, and I, live there.
ELISHA BATES . I reside in Blue Anchor Road, and keep the John Bull. I have been living there three years—since Burgess came there I have observed different smells in the atmosphere—very nasty faint smells which cause you to be sick, and you cannot eat anything—I have observed them frequently both by night and by day—I have a wife and two children—these smells have interfered with the health and comfort of my family—my house is 150 yards from Mr. Burgess's premises—I have observed the smells there so that no one can stop in the house—I have noticed them in walking about—in going to Armfield's and Jennings's—I had occasion to go there eight or nine months ago, but lately I have not gone out with beer—I smelt the smells on Saturday—I have smelt them from the commencement of the factory—they have been of that sickening kind that I describe—I know of one person being ill within the last few months—a man who worked for
Mr. Burgees—I had seen him drawing the cart down the wharf to fetch this gas refuse—during that time there was that offensive smell—I have been sensibly affected by the smells—I have been sick and obliged to stop at home—my wife was also ill from the smells—the meat in my larder has been affected—five or six persons have left that neighbourhood.
Cross-examined by MR. SERJEANT BALLANTINE. Q. What do you do? A. I am a licensed victualler, and I am building twelve houses—I do not do anything in the manure line now—five months ago I was not working it, but a party that I was finding the money for was doing it under the railway—I was not doing it near other persons' premises—my house is the nearest to it—I gave it up because I had too many rogues about me.
THOMAS MARSH . I live in Drummond Road, and am a morocco leather maker. I have lived there about two and a half years—it is about fifty yards from Mr. Burgess's—since he came I have noticed offensive smells—before that we never had the smells that we have had since—they are altogether distinct from any smell we had before—they are sometimes every day—sometimes they stop a day or two, but they are more or less every day—there are different smells, one in particular, which, if you happen to get it as the wind is coming from their factory, you come all over in a perspiration and faint, and are sick—I believe if a person were to stand against it it would make them faint away—I have noticed another kind of smell; the nearest I can compare that to is, if you take a little vitriol and drop it on red hot iron—it is a stifling sensation—I had my children ill several times last year—I had my little girl laid up once or twice last year with slow fever, and my little boy and her complained of pains and diarrhoea—I had to take them to the doctor, and I have to keep a little medicine in the house in case anything of the kind comes on—I can distinguish the smells from that factory from any other smells in the neighbourhood—I pass the factory two or three times a day, and more than that—I have gone there at 12 or 1 o'clock at night—when the wind has been that way we could hardly stop in doors—there is a machine going on in the night which is very annoying—I have noticed these smells night and day, when I have been coming home at 12 or 1 o'clock, I have gone and traced it right down to the premises—I have done so frequently—I have smelt it down at the Holly Tree, and along the Blue Anchor Road—persons passing and repassing these roads could not fail to smell it—I have suffered sickness which I consider to arise from that—I have been taken with cramps and pains in my inside when this stench has been going on.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. What sort of smell has brought these cramps? A. I am not a manure manufacturer, or perhaps I might be able to tell you—I consider that it is the smell that comes from the factory—what it arises from I cannot tell, but I believe it is the stench which arises from their factory—I can distinguish it from varnish smells—one of these smells is a smell as if any one were pouring acid on the gas refuse—it smells like gas—it is a nasty filthy kind of smell—it is more of an acid kind of taste to me—I saw steam coming from those retorts or cylinders—I have smelt a nasty, sickly kind of smell, but that is a different kind of smell—the other smell I spoke of is a sort of acid taste—my shop is not in the place where the "pure" is—it is above it—that is not quite a pleasant smell, if you were to go and hold your nose over it—I do not mean that when the "pure" has been stirred up in my presence, there has not been a stench—I could not swear whether it has been stirred up in my presence—I could not say that I have never smelt the "pure"—I do not say
that I have smelt this steam particularly at any time—it has been there more or less ever since he has been there, till within the last few weeks—I do not say that it has been going on night and day.
GEORGE MARSH . I am a brother of the last witness, and live with him. I have a wife and child—I have in the last year experienced very offensive smells from this factory, particularly when the wind blows in the direction of my house—they have affected my health, and my wife's; she has been sick at the time the smells were blowing in; she had been in good health before—I lived there about twelve months before Mr. Burgess came—previous to that I and my family enjoyed good health, and since that we have been affected when it has been blown in—I have observed the smells 100 yards from the factory, in various directions, according to the wind—I have noticed it at night.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. How near do you live to the premises? A. Forty or fifty feet—sometimes the smell comes from the digestors; I cannot say entirely, but when the steam rises you can smell it—it is a sort of stifling, choking smell—I am a morocco leather shaver—I have not been on the premises—I have had these smells under my nose very frequently, it is a very nasty smell; there are a great many worse—I have seen the heaps of gas refuse, I cannot say whether the smell arose from that, entirely—when the steam arises from the digestors, this fatty smell comes from them, and I suppose from other things as well—I cannot say from what part the smells come; there are different smells—I do not know whether they were working the mill at the time; it must have been at the time the mill was going on, but whether it came from the mill or not I will not say—it was not like boiling meat and bones—it was distinguishable from that.
RICHARD EDWARD GRIZZELL . I am foreman to Mr. Pettit, a fellmonger, in Blue Anchor Lane, about 150 yards from Mr. Burgess's. I have been there eight or nine years—after Mr. Burgess came there, I smelt smells different to what had been formerly in the neighbourhood—they were faint smells which would cause sickness—I have felt sick from them at times; it has not been constantly, but occasionally—I should say I have smelt it 150 yards from the factory, and more strongly when I have been nearer; different smells—I have not seen bones and fleshy matter lying there, but it smelt like that—I have a family, they have been ill; I cannot say whether the illness was occasioned by the smells, but the smell has existed at the time they have been ill—I am quite sure the smells I complain of have come from Mr. Burgess's premises.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. Does your family live on your premises? A. Yes—there is a smell from a fellmonger's yard—my children go into the yard—they were not ill from the process of making the varnish—the smell I smelt had not anything of an acid taste with it—it came from the tall extractors or digestors, and other parts.
JOHN COOPER . I live at No. 3, Elms Terrace, nearly 200 yards from the factory—I am a commercial collector—I am at home in the morning and evening—I have lived there nearly thirteen years—since Mr. Burgess has established his works there I have observed a very great change in the condition of the atmosphere—when the wind has blown from the south-west I have noticed a sickly, faint smell, sometimes worse than at others, almost continually—it has affected my personal comfort materially; it has also affected the health of my family even to the youngest child, confining them to their bed—I did not observe any such smell previous to Mr. Burgess's
factory being there—in walking about the roads the smell was observable some hundreds of yards off—I have no doubt it came from this factory—I have followed it up, and walked close up to the place.
Cross-examined by MR. SERJEANT BALLANTINE. Q. You have not suffered? A. Yes, I have; I got better—there were no smells to speak of before Mr. Burgess came—sometimes it has an acid taste, and sometimes a fatty smell—I have had a medical man, Dr. Turner, attending me several times—I stated to him what my symptoms were.
MR. SERJEANT PARRY. Q. Was that when these smells were prevailing? A. I cannot say that I have been ill more than once; my family has been ill—at that time these smells have been prevailing—I have no doubt that all these smells came from Mr. Burgess's factory.
ROBERT SADLER . I am a leather finisher, and live at Clare Hall Cottages, about 500 yards from Mr. Burgess's, in the south-east, near Jamaica Level—I have been there from the last week in April this year—during that time I have smelt offensive smells coming from Mr. Burgess's factory, but not so much as when I lived nearer, at No. 2, Elizabeth Place—I left that because the stench from the factory was so overpowering that we could not exist in it any longer—I was there from his first bringing his business there—at times these smells were continuous from day to day, not always; I have often noticed them in the night, particularly at the first part of my residing there—I have felt sick, and felt it oppress me so much that I considered I was ill from that, and nothing else—it was an overpowering, foetid odour—my daughter was ill for about eight days; she had violent retchings for five days together; that was exactly at the time that this smell was so overpowering—she generally has good health—I have sometimes smelt it in Jamaica Level very much—I have had to shut my doors and windows in consequence of the smell, but not within the last few weeks—there is a thoroughfare under the arches near to the defendant's factory—the smell I speak of is of a strong, overpowering, pungent nature, a fatty, foetid smell—I have seen bones lying on the premises, and heaps of animal matter, very offensive, in passing by.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Was the smell the only reason of your leaving your first house? A. Yes—I had no difficulty in paying my rent—I have never said that my landlord was so troublesome that I left on that account—my rent was 5s. 6d. a week.
JAMES SYLVESTER . I live in Middle Lane, which I should think is 500 yards from Mr. Burgess's—I am carter to Mr. Shepherd—I have lived in a cottage, with my wife and family, for the last three years—I remember Mr. Burgess coming there—since he came I have not observed any smells coming from his premises to where I live, but I have when I came to work, when they have been boiling bones—I should say I have observed them 100 yards from his premises—they are sickly, sweet smells—I have not observed them frequently, only when they have been boiling the bones—whenever they have been boiling the bones I have observed it—it has been very offensive, sometimes more than at others—it has been such that persons must have observed it—I have observed it by night and by day—it has not affected my health—I have observed a difference in those smells—when the weather has been warm I have observed it, and when it has been wet it has been rather stronger—I have noticed vapours arising from the copper—when I have observed them the wind has been blowing—I could perceive the smell of the vapours—I have been in the habit of working at a shed near the premises at Shepherd's—when I have been at work in the shed I have
observed the smell, and when the wind has been that way it has affected me so much that I have been obliged to walk out.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. That sickly sweet smell is from the copper? A. Yes—I should think I have smelt it more than twenty yards off—if I had not, I should think I had no nose at all—I cannot say how long they have left off boiling—I did not take notice—I am out at night—I have smelt that sickly sweet smell from the copper in the night—I cannot say what time—I was there at all hours—I have smelt it some-times in the middle of the night, sometimes in the morning—I have smelt it before 5 o'clock—I have smelt it at 2 o'clock in the morning—I cannot give you the month when I have smelt it at 2 o'clock in the morning.
MR. SERJEANT PARRY. Q. How often have you smelt it before 5 o'clock in the morning? A. I have worked three or four mornings in the week, and have smelt it when they have been boiling.
GEORGE JUGG . (Police serjeant M 1). I am on this beat—I was there on the night of 12th May, when Dr. Challice and others came—I observed vapours rising from some furnaces or places in the yard; they were shown to me by Dr. Challice—it was a kind of fume stuff, and had a faint, sickly smell, very offensive; it extended over the market garden ground all the morning, and I think it was there when I left—I have observed vapours rising on other occasions before and since—I have been there about five months, and am on my beat at all times of the night; the offensive smell has continued till 4 or 5 o'clock in the morning—I have heard the engine going almost all night—as I walk on my beat I smell it—I have smelt it, I should think, 200 yards off.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. Was it the same smell that you smelt when you went with Dr. Challice? A. Yes; coming from the same spot, and in the same direction.
JAMES WILLIAM PAYNTER . (Policeman, M 201). My beat has been for some time past in the neighbourhood of Mr. Burgess's factory—I knew the place before the factory was built—since it has been built I have observed nasty smells about the neighbourhood, that get on your stomach and make you sick—I have observed that in different parts of my beat all round the factory—I have smelt it more than 200 yards off—I have smelt it night and day, on one occasion more particularly, 29th April, at night—I do not know what they were doing, but the arch seemed to me full of steam—I have not observed the smell so much by day as by night—I did not observe any of these smells previous to Mr. Burgess coming there—a person named James complained to me of the smell; at that time it was very bad.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. You know the varnish works? A. Yes; there was a smell from those, but not such as comes from the factory—the varnish smell is not quite pleasant, but it is not so bad—it was two or three months after Mr. Burgess came there that I first noticed this stench—the 29th April was the last time I was there—I did not observe the digesters—I believe the engine is close to the railway; I have not seen it, I can hear it—the smell was close there; I saw the steam coming through the tiles of the shed—the smell made me feel sick; it affected me so, that when I went home in the morning, I was not able to take my breakfast—it was something of a sickly, fatty smell—the varnish factories were not going that night.
FRANCIS MARKS . (Policeman, M 69). I was on the beat where this factory is during the month of May; it was working nearly every night; I heard the noise of the engine a quarter of a mile off—vapours were ascending;
they were very offensive, and caused me a nasty lived feeling; I have been forced to go home and go to bed without taking any breakfast—that was on three or four occasions in May—I am sure those nasty smells came from this factory when they were boiling—I was on the beat in February last; I did not smell so much then.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. Have you been in the yard? A. Yes—the smells came from a building next to the railway, where the steam engine was at work; I believe that was the thing that affected me—it was that sickly, fatty smell which has been described.
JAMES SHORTER . I live at No. 1, Elizabeth Place, close to Mr. Burgess, and have done so eleven or twelve months—I have smelt offensive smells at various times, from the bones in the heap, and in my house, at night more particularly—I am often up at half past 2 o'clock—when I have opened my door I have smelt it very much—I have a wile and daughter—it has affected my wife, but she is an ailing woman.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. You live in a house five yards from the factory? A. Five houses from it; it is a small distance from the gates, it is one of Spanton's houses—the bones I speak of, is a heap of dry bones—they caused a faint smell—it was that which affected me in the morning—I have seen the vapour coming from the tiles of the shed, it has been very annoying.
GEORGE MEAD . I live at No. 2, Elizabeth Terrace, Blue Anchor Yard, about 150 yards from Mr. Burgess's premises—I can occasionally smell smells there when the wind sets from the south-west—they are very faint, disagreeable, fatty sort of smells—I have been annoyed by them—my wife has complained of them—we were, on one occasion, obliged to fasten our doors and windows.
Cross-examined by MR. MONTAGUE CHAMBEBS. Q. Do you burn tallow or wax? A. Tallow—the smell was more like boiling bones—I could not see any vapour.
RICHARD SAMPSON . I live at No: 5, Elizabeth Terrace—I have been there since Jan., 1856—I was there before Mr. Burgess came, since then I have observed smells coming from the factory, sickly, faint smells, like putrid meat boiled—I have noticed them night and day, particularly at night—they have been disagreeable to me personally, and to my family generally, to my wife particularly—she has been very unwell lately from it, the smells were very strong—I did not observe any of these smells before Mr. Burgess came.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. What sort of smell is it t A. A. nasty, faint, fatty smell, something like boiling putrid meat.
SAMUEL RODEN . I work for Mr. Armfield—I have smelt this unpleasant smell—I call it a gassy fatty smell—I have been over the premises—I have seen large piles of bones exposed to the air, some dry and some in a decomposed state—I have smelt offensive smells from the gas stuff—I have been compelled to shut the windows of my master's shop when the wind has been that way—I have known the place on and off since last August or September.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. What part did the smell come from before Mr. Burgess had the way stopped up? A. Before he stopped that up we used to go through his premises, and on one side was a heap of bones, and on the other the gas refuse—when I was at Armfield's there was always a smell from Mr. Burgess's—I cannot say that I have noticed the digesters—the smell came from the copper—I have smelt it 180 yards off.
CHARLOTTE SPANTON . I am the wife of Mr. Spanton, who was examined yesterday—we have lived there some years—I have observed offensive smells several times a week since Mr. Burgess's factory has been there—they made me feel very sick and bad.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. Does your husband manage your houses for you? A. No; I collect the rents on Monday, but I do not always get them—if any gentleman who has been here said that he pays regularly, I should like to know who he is—I have been in Elizabeth Place just by Mr. Burgess's gates when I have smelt this, and likewise when I have gone down the railway arches, which are close to his premises—the Japan works are about four or five arches off—it is a nasty, faint, stinking smell of fat, as if they were boiling stinking meat—I have smelt it more than twenty times—every one of my tenants complain of it—I do not smell it every time I go down, because the wind may blow it right away from me—I never was on the premises, but I used to go to the garden ground.
MR. SLEIGH. Q. Did you observe any such smells before Mr. Burgess established his business there? A. Never—when the wind was that way I never went down without smelling it.
FANNY JANE SHORTHOUSE . I am the wife of Robert Shorthouse, of No. 3, Drummond Road—we have lived there seven months—it is eighty or ninety yards from Mr. Burgess's premises—I have two children—I have smelt unpleasant smells from Mr. Burgess's, but not so much for the last three weeks—it is not regular every day—sometimes it is at night—I always smell it when the wind is in my direction—I close my windows and doors to prevent the smell—one of my children, who is about a year and a half old, has been ill, and is not well yet—I attribute her illness to the smell—she was always well before—on a Friday night, I think, about three weeks ago, the smell was very bad, and she awoke in the night and vomited violently—I can only compare the smell to the boiling of putrid meat—it causes a pain over the eyes and sickness—I have seen carts, with bones in them, go by my door.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Were you here yesterday? A. Yes, all day—I heard the different witnesses examined—I was subpœnaed here—I have not heard that there has been a regular meeting of neighbours—Mr. Spanton is my landlord—I have complained to him about it—he came to me, but not before I made a complaint—I am not related to him—my other child is pretty well and is here—it is the eldest that is ill.
MR. SERJEANT PARRY. Q. Where did you live before this? A. In Lambeth—it was not ill there; it was remarkably healthy—I told my landlord that the smell was so very bad that we could not live there any longer, unless there was an alteration.
WILLIAM HENRY CORNWALL . I am a tide waiter, of St. James Street, Blue Anchor Road—in the early part of last year I resided in one of Mr. Spanton's houses, about 200 yards from Mr. Burgess's—I was there some months before Mr. Burgess established his business there—after he did so, I observed offensive smells, which had not existed before he came—there were faint, sickly, stinking smells, both by day and by night—they affected me, my wife, and my children—the health of my wife has been affected twice by it—the smells were then very bad indeed—we had just previously been in good health—I removed from that house in April, 1856, to the one I am now living in—that was on account of the stinking smells, which were a nuisance to us—I should have continued to live there if the atmosphere
had been the same as it was before Mr. Burgess established his factory—I am now living some distance further off, but even there I observed the smells coming from Mr. Burgess's at times, according to the wind—in walking about the neighbourhood I still observe the smells.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. Are you in a very sweet neighbourhood now? A. Much sweeter than before—there is no manufactory, in which they use horses' hoofs near me, that I am aware of—I do not know Bryan and Parker's manufactory, or any manufactory in Manor Road or Lane where they use horses' hoofs—I do not think I ever smelt any smell from the Manor Road when the wind blew that way—I may have been in Manor Road, but not to my knowledge—I cannot say that I know Knacker's Lane—I lived in that neighbourhood about two and a half years—mine is No. 4, of Mr. Spanton's houses—I smelt the smells from Burgess's in our back yard—they came from the side of the yard where the heaps of bones are, not from the tall building next to the railway, but by the side of it—it was a nasty, faint, stinking smell of putrid bones and flesh and stinking fish—that is the smell I have always complained of—I have smelt it in Elizabeth Place, where I live, and from Drummond Road as well, and also from the road under the arches at the back of the premises—I have smelt fish and flesh up to within three weeks ago.
MR. SERJEANT PARRY. Q. Are you sure you have smelt a fishy smell? A. Yes; more than once—I have been in the neighbourhood of the factory about a year and a half, all the time that it has been there and before it was there, but I never smelt these smells before it came there—I have seen heaps of bones there and heaps of animal and fleshy matter lying about in a putrified state.
CHARLOTTE ROBERTS . I live at No. 12, James Street—I did live at No. 2, Elizabeth Place, near to Mr. Burgess's factory—I left just as the factory began building, on 22nd March, 1856—there was a nuisance there of bringing in barrels of stinking fish—when the wind is north west I can smell the effect at St. James's Street, as I am south east—it is a faint, stinking smell—I mean that it causes faintness—I have had occasion to shut my door and windows, and the up stairs windows frequently, to prevent the smell from coming in—I have two children, they have not been ill, but I have felt sick of a morning.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. Is there not a nice smell of horse's hoofs from Bryan and Parker's? A. No—I never smelt anything till this factory was built—it was a smell of fish and flesh, and was like the boiling of bones—when I lived there was a fishy smell many times, and the wagons used often to come down with fish—I did not smell the fishy smell quite so strong after I got to Elizabeth Place—I also smelt the boiling of stinking meat—I did not smell that so much at Elizabeth Place—the smell was in the day, and the first thing in the morning—I did not take notice of that every day, I got used to it—it has happened forty or fifty times when I have been there—it is where I am living now that I have been obliged to shut the windows—when the wind comes that way it comes right across.
MR. SERJEANT PARRY. Q. Are you sure that the smell by which you have been inconvenienced comes from Burgess's factory? A. Yes.
ELIZA GENTLEMAN . I live at No. 4, Drummond Road, eighty or ninety yards from Burgess's factory; there is a very bad smell from it, a fatty, stinking smell—it causes a pain over the temples, and a sickness of the stomach, both to me and my children, who never complained before—they
are seven and ten years old—they have been actually sick—the smell produces a loss of appetite, and a very disagreeable acid taste in the month of a morning—I have smelt it more when the wind blows towards us, but more or less I have always felt the inconvenience—the factory was there when I went, but it was not finished—I am quite sure that the smells came from there—I have frequently seen the heaps, and cart loads of bones, and fleshy matter; some were in a dry state, and there was a quantity of bullocks' horns—I sit at my parlour window and see everything that passes, and it smells offensively—the bones in the carts were dry, but the matter in the vans was in a putrid state, and at timed there was a leakage from them in the streets as they went along—I have been obliged to shut my doors and windows.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. Have you ever told your husband of it? A. Yes, but not frequently—he does not always agree with me—this letter (produced) is in his writing—I have been large bones in the carts, and have always smelt it when the bones have been boiling—when the window has been open, or I have been at the door, I have smelt what was in the vans, what leaked out looked more like water than anything else—the bone boiling was both day and night, but generally between 4 and 5 o'clock in the morning; it is a nasty, fatty smell—the bullock's horns were dry, the horns had been taken off.
MR. SERJEANT PARRY. Q. What is your husband? A. A warehouseman, in the City; he goes out at 8 o'clock in the morning; and returns at 8 in the evening; he is absent all day—what was in the vans was in a slimy, stinking state; it looked like pieces of leather, and other mixtures—I saw no flesh, but there were a kind of pieces of skin.
GEORGE WILLIAMSON . I live at No. 6, Elizabeth Terrace, Blue Anchor Road, 200 or 300 yards from Mr. Burgess's; I have lived there four years. I smelt nothing before Mr. Burgess's factory came there—the smell is worse at some times than at others; there is always a little of it if you go past the place; we smell it now, when the wind is in that direction—I know the smell of varnish, and can distinguish between that and the smell from Mr. Burgess's—I have smelt it at night two or three times, when I have had occasion to be out late—it is a very sickly smell, it seems to enter your inside—I have been obliged to put my handkerchief to my nose to prevent it entering; it seems to stifle you—I found a sort of sulphury taste in my mouth—when, it has been very bad, it has interfered with my enjoyment of life; I have had the headache, and my wife too, and I have felt sickness of the stomach—I have four children, three of them were laid up with fever nine months ago, at which time the smell was very bad, and I complained to the doctor at the time—I have not been inside the factory, but I have seen in at the gates, and have seen bullocks' horns and the tops of bullocks' heads, and a heap of stuff which looked like the refuse of a gas factory—I have smelt a sort of gassy smell—I am certain that I have smelt these smells at least 400 or 500 yards from the factory—I have not noticed it particularly in Drummond Place, Jamaica Level, or Manor Road.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. In Manor Road there is a horrid stink, is there not, coming from the place where they use horse's hoofs? A. I am not aware that there is such a place—there is a building there, but I do not know what it is—I may have been there when it has been at work, but I never smelt anything—I believe there is a dust yard there, but I never smelt a gassy smell from it; I have not seen it—I have only been down Manor Road two or three times—about six months
ago I smelt Burgess's—factory, when in the Manor Road, the end next the Blue Anchor Road—I have not gone down Manor Road to see whether it came from the dust heap or the hoof boilers—I do not know a scutch factory down that road—it was a faint, sickly smell, and fatty, that I smelt at the corner of Manor Road—I can hardly describe it—it was in the day time—I have also smelt Burgess's factory in Blue Anchor Road, where I lived—it was when I looked into Burgess's factory, and saw the gas heap, that I smelt the gassy smell—I saw some bullocks' horns—it was not a dry sluff, it had been raining—it is more so when it has been raining—I did not take up the horns; they were about twelve or fourteen yards from the gate—I did not walk in; I went round at the side, and could see all over the yard; it was before they built this large building, the skeleton—the high building next the railway was standing; there were some men there, but the steam engine was not at work; it was Sunday, and about six months ago—I was by myself—I went round on purpose, for the morning before that the faint smell was so very bad that I felt very ill.
MR. SHARPE. Q. Are there many houses in Manor Road? A. No, not so many as in Blue Anchor Road—the wind was coming from Mr. Burgess's.
THOMAS FEAVER . I have lived with my wife in Blue Anchor Road seven weeks or two months—I also lived there last summer, and was there about eighteen months—I cannot recollect the factory coming there—I suffer much inconvenience and sickness from the smells—it is morning and evening, but more in the night than in the day—we are obliged to shut our doors and windows—I have not been into the factory, but as I go by the smells are bad, I go by very often—it is a kind of fatty smell—I have smelt it about ninety yards off.
Cross-examined by MR. MONTAGU CHAMBERS. Q. Are you a tenant of Mr. Spanton's? A. Yes, and I have closed the doors of his house in the evening between 9 and 10 o'clock—I have seen the high building next to the railway; I cannot say whether the smell came from that, but it comes from the yard—I have never been to the back of the building—it smells bad within twenty yards, or ninety either—I am a general labourer, not in the factories, in the market gardens, in gravel pits and as a navigator—I have known the neighbourhood between four and five years; I think there are two or three factories down Manor Road, but do not know what they are.
SARAH FEAVER . I am the wife of the last witness. I have suffered annoyance and frequent sickness from the smells from Burgess's; they are fatty, greasy smells, and I am sure they are from Burgess's—I have been compelled to shut the doors and windows to keep out the smell; it is worse in hot weather, and was very bad at times last summer.
Cross-examined by MR. MONTAGU CHAMBERS. Q. When did you shut any window in your house, because your husband only mentioned the door? A. It was four weeks ago, on Friday evening, when it was very bad, at 9 or 10 o'clock at night—it was not like tallow boiling, not so pleasant as that—perhaps it gave me my present blooming colour—I lived there five or six months.
GEORGE SPRATT . I live at No. 5, Perseverance Place, Blue Anchor Road. I have felt annoyance and sickness from Burgess's bone boiling business—I have lived there about twelve months, and have felt the annoyance the whole time till about six weeks ago—I have been obliged to shut the doors and windows to prevent the smell—I am not married, I live with my mother—the annoyance arises from the boiling of nasty, filthy animal matter—I have found it as late as 4 o'clock in the morning, when I
have been up late, and have been obliged to put my handkerchief up as I came along the road.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. At what time have you smelt it? A. Both between 4 and 5 o'clock in the morning and at 6 o'clock in the evening, but not in the middle of the night—I have smelt it in the afternoon—about eight months ago it was very bad, when I used to pass in the afternoon—I live about 100 yards off.
SUSANNAH SPRATT . I am the mother of the last witness—I have found annoyance and sickness from Mr. Burgess's factory, more at some times than at others, mostly in hot weather—I go out to needle work, and when I come home I feel it more than if I had been at home, coming from a different atmosphere—it is a nasty, faint, sick smell—I have been compelled to shut the window and doors—eight months ago it was worse than it is now.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. Whose tenant are you? A. Mr. Harriss's—he lives in East Lane, Walworth, he collects his own rents—it is a fatty, warmish smell.
SOPHIA GRAY . I am the wife of a cabinet maker, and have lived at No. 4, Elizabeth Place, for fourteen months—I smelt a putrid stench from Mr. Burgess's factory, it came from the boiler—I have seen them stirring up a composition, in an open vat, from my back room window, and when they are stirring it up it is most offensive—but not this year, I saw that before September—the vapour does not come from the vat, but from the boiler in front—the smells make me feel faint, languid, and sick—carts going into Mr. Burgess's have stood before our window for twenty minutes at a time—some wagons had a slushy matter in it—I cannot describe it—that was this year—it had a putrid smell, and went into the factory, and I afterwards smelt the same smell from the yard—I have seen dry bones in carts—the smells made me retch violently—I have been obliged to keep the doors and windows shut to keep the stench out—I have been sick in the night from it.
Cross-examined by Mr. MONTAGUE CHAMBERS. Q. Are you one of Mr. Spanton's tenants at No. 4? A. Yes—no one else lives in the house; it is only two doors from the gates—it was not when they were stirring up the composition in the vat that I smelt the dreadful smell, but there was a faint smell—it was the smell from the wagon that made me retch—I saw some loose matter in it like entrails—that was both before and after the gates were built—I did not send for a doctor when I was awoke in the night, but the smell made me feel ill all the day afterwards—the stench in the day time was from the boiling of bones, it was from the open copper.
HENRY HOWSON . I am porter to Messrs. Condon and Reed, of Mark Lane, and live at No. 21, Clare Hall Cottages, Blue Anchor Lane, for eighteen months—I have, on several occasions, smelt a bad smell from Burgess's factory by night and by day—at 11 o'clock at night I have smelt boiling or stewing—I have seen smoke from the high chimney as I stood at my door, and have walked round the premises to ascertain where it came from—my house is south-east of the factory—I know the smell from the varnish factory, which is close to Mr. Burgess's place under the arches—I can distinguish that smell from the smell from Mr. Burgess's—when I have been going to work I have been obliged to put my hand to my nose, and run as hard as I could to get away from it, that is in the highway, it is the nearest cut to the City—part of it is a thoroughfare, but I do not know
whether it is called a thoroughfare under the arches—I am married and have two children—my wife has felt sickness when it blows over from the factory—we have shut up shop and gone to bed, and it has penetrated into the bedroom—the children have suffered, the little boy retches and spits through it.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. What can you smell? A. A nasty, faint, sickly smell, as if they were either boiling or stewing—the railway company stop up the arch once a year to prevent it being a highway—my door is 400 yards off, and I have smelt it there at 11 o'clock at night; it is not so far to go across the gardens—I have been to Jennings's premises at the back, he has not pointed it out to me coming from the copper; I have been down Drummond Road at 11 or 12 o'clock at night to ascertain where it did come from; on one occasion I was standing at the door and saw the smoke come out of his shaft, and in about five minutes the smell came.
FANNY JENNINGS . My husband was examined yesterday; we live at No. 1, Elizabeth Cottages, that is distinct from Elizabeth Place. The smells from the factory hurt me in the chest, and produce giddiness—I have laid awake at night because I could not bear the smell, and my husband has had to go out of doors to get rid of it—I have had to shut the windows and put a cloth up, and it has penetrated in spite of that; and I have had to put something to my nose—I have not been actually sick, but felt worse than if I was sick—I have suffered from loss of appetite at times—I have seen heaps of bones there, and a heap of gas finings, as large as all this place together—when I have passed I have found an unpleasant smell, and hare put my shawl up to my nose—I have smelt it along Drummond Road, and under the arches.
Cross-examined by MR. MONTAGUS CHAMBERS. Q. What smell do you complain of? A. A putrifying smell, by the bones lying and putrifying there; they were boiling bones last Saturday—I live about twenty or thirty yards from the premises, opposite the front—I smelt the bones lying there a week ago, and up to the present time—I saw cart loads of bones brought there last Monday, not dry, but just as they came from the butcher's shop—I do not say that I smelt them—the bones are lying there now, and you can smell them; the Jury could smell them if they were to go—they are two or three yards inside the premises; there are a lot of bones rotting there now—I can say that two cart loads came from the butcher's last Monday; I did not go out of doors to smell them—the other smell is from the boiling, and the fish that is brought; but it is boiling bones now—I have not been well since I have been there, and I was very well when I went—there is gas muck there, which has laid there for these twelve months.
MARTHA ROGERS . I have lived three years in Elizabeth Place, close to the factory gate. I have smelt very offensive smells, they made me very ill, giddy in the head and no appetite at all; that has been constant, nearly ever since they began to work—I have seen wagons go in; I do not know what was in them, but it looked like corruption, and smelt very bad—there are gas finings which have a very suffocating smell, it takes away your breath at times—I have suffered from the smells, and so have all my children; one night it was so bad that we were obliged to go out and see if we could find a policeman—I could not open the door or the window; they were doing something under the low shed, it was five or six months ago—I have repeatedly heard the steam boiler at work at night; and when the steam is let out it is enough to suffocate you, and knock you down, pretty well—my
daughter, Ellen Williams, is not able to come here; her children never had a day's illness before this factory came, and we have lived in the road nearly forty years—I can distinguish between the varnish smell and the factory smell, they are quite different.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. You seem very healthy? A. No, I am very ailing, my age is fifty—I work at the Holly Tree public house, and have done so for years—my place is about five or six yards from the gate, I am one of Spanton's tenants, we live in the first house—the dreadful smell was from the high building, they were mixing something in the low shed, for when I recovered myself a little, I opened the window and looked out and saw seven or eight men at work and a smell arose; they were not on the gas heaps, but under the shed where the vat is, not the upper part that is in front—the dust was so great from the mill going, that I could not see what it was, but whatever it was it was very offensive.
ELIZABETH SHEPPARD . My husband was examined yesterday, he is a market gardener. I have suffered violent sickness from Burgess's factory, three or four times a week—when I first awake, I find a very nasty smell and a taste in the mouth, and while I am dressing, it causes faintness, and I have fainted while dressing—I generally attend three London markets, and I rise at half past 1 o'clock, which is the time I have felt the nausea and have feinted away, and have been delayed one hour in going to my business—I have lived there twenty-nine years—before Mr. Burgess came there, I always enjoyed good health and never needed medicine or a physician—I was ill from the latter end of March to the latter end of May, with retching and spitting, I spit a good deal and then commenced spitting blood—that has arisen from the factory, I have to pass it from my husband's ground, and when I come back I cannot eat anything and have headache and depression of spirits.
Cross-examined by MR. MONTAGUE CHAMBERS. What physician did you call in? A. I went to Dr. Barlow, of Union Street—the smell was as if they were boiling anything in a putrid state, and I know that they were boiling, I could hear the engine going and could see steam coming from the chimney, and I have seen steam as if coming from a copper—there were pieces hanging up in the high building next to the railway and women putting them up—I think the disagreeable smell came from the bottom of the building, the air you inhaled seemed very impure and made you very sick and ill, and it came from these premises from half past 1 o'clock till 5 in the morning.
MR. SERJEANT PARRY. Q. How often have you consulted Dr. Barlow? A. Twice, and I have been to my nephew, who is a medical gentleman—he advised me to sleep from home, and I did so—I am sure the offensive smell came from that factory.
The following Witnesses were examined for the Defence.
JAMES HACKETT . I live at the comer of Perseverance Place. I have been one of Mr. Burgess's workmen since November, 1855—I remember when his present manufactory was first established—my business is anything we have to do—I am employed in bone boiling—I have to attend to look after the bones—they are boiled before they come to us—they are perfectly dry, and are stacked in the yard in heaps, and at that time they are perfectly free from any animal matter—that is always the case with the dry bones—they are sold again as they come in, and in small quantities—the other bones, which we boil, come from the butchers' shops—they do not lie long in the yard before they are boiled—the quicker they are boiled up the better—they lie generally two hours when they are doing business—the
longest time is four or five hours—they go into the boiler at once—it is necessary to have them perfectly fresh, and the quicker they are used up the better—this (produced) is one of the bones which has been boiled—this is the state in which they come out of the boiler, and this (produced) is the state before they go into the boiler—we get them from the butchers perfectly fresh, just as they would be when put into the boiler for the purpose of cooking for persons to eat—just as fresh as that—there is nothing offensive in the heap of dry bones, nor in the heap of raw bones, nor in boiling the bones, not the least—if the raw bones were putrid, they would not be boiled—to obtain such a bone as is necessary for the object Mr. Burgess has in view, putrid bones would not do—if the flesh on the bones becomes putrid, it acts on the bones also—it is much better for the bone to get into the boiler as quickly as possible—I have never seen any putrid bones on the premises; there has not been any—we have never boiled there above six times since the boiler has been built in the open part—the last boiling was in the latter part of May; I cannot recollect the day—before that we had boiled two coppers in April—I cannot tell the quantity that was boiled in May—it was filled twice in April and four times in May—it would take four or five hours to boil in the open air—there was none before April—the copper was never erected at all till the beginning of April—the two fillings in April were on two different days, and the four boilings in May were on different days—there was never any boiling bones before the copper was erected—there were raw bones brought there before April—I cannot exactly say what was the object in bringing them there—I have brought a portion here of the bones boiled in May (produced)—we have about two tons of bones there now perfectly free from flesh—there have never been any horns brought there—there has been slough—this is some—this is the way it comes on the premises—there never was any animal matter, or flesh, or skins on them when they came on the premises, not the least—these are what are called sloughs—I do not know where those came from—there have been fleshings brought on the premises—they came in wet, all limed, and perfectly fresh—the bullocks' hides are limed by the tanners before they use them, and brought to us perfectly sweet—the droppings from them are the lime water in which they have been put—there is no animal matter or blood, not the least—sulphuric acid is put on the bones to keep them—the water will show a little green at the top if it abides a few days or a week—that does not smell at all, except of the sulphuric acid—it is essential for the purpose of making glue, that all the materials should be perfectly fresh, and clean, and sweet; if not, you cannot make the glue—that is the object of the lime water—the boiler has been used six times—that was not at night—I always attend to it when it is used—the gas refuse comes on the premises quite dry from the gas factory—it lies in two or three heaps on the premises—I cannot say what quantity there is—this (produced) is the state in which it comes—I cannot say whether there is any tar in it—nothing is done with it at all; it merely lies there—there has never been any offal or entrails of animals brought on the premises, nor stinking carrion—no carrion at all, nor flesh, nor animal matter, except what the butchers leave on the bones, and that comes perfectly fresh, and the glue pieces come in lime.
Cross-examined by MR. SERJEANT PARRY. Q. Have you been all along in this factory? A. Yes; I was the first man that went into it—I never smelt anything at all disagreeable—my wages are 1l. a week—I do not work at night at all—there is a night man—I am a day worker from 6 o'clock till 6—those
gas finings are not sold—they are brought and put in a heap—there has never been any sent away—they have not been accumulating ever since the premises were opened—they have been lying there eight or nine months—there may be 250 tons—there has not been 200 tons of bones—there has never been seventy tons brought in—there may be sixty or sixty-five tons—there is no smell from them unwholesome at all—we have dry bullock's heads there—we have had some dry horse's legs—they come from the marine store shops—there were never nine horse's legs on which the flies were feeding from eight to nine days—I never saw horses' legs there with flesh on them—they come in quite dry as you see these (produced)—the copper was not boiling on the 4th, 6th, 11th, 13th, and 22nd of April—it holds 250 gallons—we boil bones—the tubes or digesters are worked by a steam pipe which is connected with the boiler—there are four tubes, and they are filled with bones and steamed by means of a pipe attached to the steam engine—I was on the premises on 12th May—no one has complained to me of these smells—I do not put a little tow in my nostrils to prevent the smells; I put nothing—I never saw any vapour arise from the tubes or boilers—I have got good eyes—there is a steam from the boiler when it is boiling—I do not like or dislike that steam—I go on with my work—my business never disagrees with me—I have mixed sulphuric acid with bones, but not very often—if you put a little on bones it keeps them sweet a long time—in making the manure the bones are ground first, and we mix sulphuric acid with them—we mix three or four cwt. of bones at a time—we do that very seldom—two of the tubes have been worked four times since April, and two of them have never been worked at all—I do not know what is going on at night—how many tons of artificial manure is made in a day depends on how many men are employed, but in general nine or ten tons a day—I never stir the copper when the bones are in it—I have seen it done, but not at our place—the copper was at work last Saturday—there was nothing unwholesome in the smell—I never smelt anything at Perseverance Place from the factory—I never smelt anything from my master's factory.
MR. MONTAGUE CHAMBERS . Q. Have you ever made nine or ten tons of manure in a day? A. Yes; I made as much as that last year—six men were employed to do that—ground bones and calcined bones, coprolite, and the stutch which comes from the glue makers—they all come perfectly dry—we use sulphuric acid to them and water, that makes the manure for sale—it is made up, and laid in a heap for three or four days—we grind the coprolites—the others are ground before they come in.
COURT. Q. You say that two of the extractors have been used four times? A. Yes; all the four times in May—they were never used before May, nor after May.
EDWARD ROACH . I live in Elizabeth Place, and have been night watchman at Mr. Burgess's since Dec., 1855. In April, 1856, I remember Mr. Burgess commencing business at his present factory—he first built a shed, and the next thing was making the manure—we had no glue pieces till four or five mouths ago—there are none there now—I believe they have been out of the premises about three weeks—they were brought in fresh from the tanner's, and limed before they came in; when they came in nothing dripped from them but the pure lime water—I never saw the smallest putrefaction attached to them—I understand the manufacture of glue; they would spoil the glue if they were not sweet, and in good order—I could not smell any smell from them—I cannot tell when the dry bones first commenced
coming in; I am not aware of anything offensive in them at all—there is not a great quantity of bones lying there now; I cannot exactly say the quantity—those bones are in the same state in which they always are, so that if the Jury could see them, they would see what is always going on on the premises—the bones which are boiled are as they are brought from the butchers, perfectly fresh—they are boiled immediately after they are brought in—the quicker we boil them the better for us, they produce more fat—I am there at night—I have worked the steam engine at night—I manage it; at least, I am the stoker—these stones (produced) are called coprolites—we grind them at night by means of the steam engine—I have not ground bones with it—I have ground nothing but these coprolites—there has been nothing done since Nov., with the exception of that—there has been no boiling of any kind—the name of the feeder is Marks—there was no one but him and me, with the exception of the policeman who comes in the morning—I can swear most decidedly that nothing but this has been done—I remember when the wall was knocked down; I saw Jennings knocking it down; I told him I should be much obliged to him to come in the day time, not in my time, for I might be in another part of the premises, and I should not know who knocked it down—he said, "This is the third time I have knocked down the wall, and I will do it every time it is built; if I don't have my revenge, I will go to the Board of Health, and report it as a nuisance"—during all the time I have been on the premises I have not seen any offensive animal or putrid matter.
Cross-examined by MR. SERJEANT PARRY. Q. Have you never seen or smelt anything at all disagreeable on those premises? A. No—I have been there all along at night—I am not there by day—my night is from 6 o'clock in the evening till 6 in the morning—in the night time there is no boiling, or anything of the kind carried on; nothing but crushing the coprolites—I lit the boiler one morning at 3 o'clock; that was all the times the copper was lighted—I dare say the tubes were erected eight or nine months ago; I cannot exactly tell when—before that we never steamed bones on the premises—when the tubes were at work they were always turned off at 6 o'clock at night—it was the last witness's duty to turn them off every night—I have never turned them off myself—I have not been with him when he turned them off—they were never worked only four times, to my knowledge—I might see a vapour coming from my master's factory—what I have seen the most vapour from is the safety valves—I never saw clouds of vapour spreading over the market ground—I never smelt anything disagreeable in that place no more than I have told you—I never heard a complaint about it, only this last two or three days here—I heard the complaints here yesterday—I have not heard the people in Elizabeth Place complain before this trial—I had heard complaints from Spanton, and Jennings, and Sheppard, and Armfield—those are all the persons I have heard complain—I know Pater, the policeman—I did not hear him make a complaint, to my knowledge—I do not know Marks, or Ings—I know Sadler; he has never complained to me—I live in Elizabeth Place—I never smelt anything unpleasant there—I am asleep in the day time—my wife has never smelt anything unpleasant.
COURT. to EDWARD ROACH. Q. Have you had any fifth brought on the premises? A. Yes, last summer—I did not smell anything from that, because it was in the open air, and by my working on the premises I should not smell it so much as a person who came in.
11th May—I was grinding coprolites; there was nothing at all done at night on the premises except grinding coprolites—I commenced at 6 o'clock in the evening, and left at 6 in the morning—the grinding was done by the steam engine—there was no boiling done.
Cross-examined by MR. SERJEANT PARRY. Q. Have you been there about three months? A. Yes—I smelt nothing offensive—there was no smell of any kind—there was not a nice, agreeable odour there—there was a nice, sweet smell from the fruit and trees—I never smelt anything from the bones and bullocks' heads, nor from the gas finings, nothing to hurt—I do not smell anything—I was there at night on 11th May, and on the morning of 12th, at half past 11 o'clock; I was coprolite grinding—there was no vapour but the steam from the boiler—the market gardens were not clothed in vapour, I could see them from where I was at work—there was not a great cloud of vapour hanging all over the surrounding ground towards the south all that night—I will swear there was not—I did not see anything of it—I saw all there was—I am quite certain that for half an hour or three quarters of an hour there was not a cloud of filthy vapour hanging over the ground.
Q. Then, if Dr. Challice has said there was a heavy vapour hanging over the market gardens, I am afraid he has told a deliberate untruth? A. Yes—my wife lives at No. 2, Elizabeth Place—she is well and hearty, and so are my children—they are not affected by the smell—they never smell it—I never have to shut my doors and windows—the engine that works the tubs also works the mill that grinds the coprolites—I cannot say of what power it is—I have not seen a great many bones—I never took notice of bullock's heads, or things of that kind.
MR. MONTAGUE CHAMBERS . Q. If there were bullock's heads, were they all dry bones? A. Yes—I saw a few there, but they were very dry, like the dry bones—I never heard, before to-day, of any night in which it had been said that a heavy cloud was travelling over the market gardens—I never took notice of any vapour coming out of the archway where the Japan boilers are—I was attending to the coprolite grinding, and the dust of that used to come out.
JOHN JONES . I am foreman to Mr. Burgess. I first went to work in Nov., 1855—he began to erect the building near the railway in which the steam engine is in January—there is a steam engine and a mill for grinding coprolites—we began to grind coprolites about Oct. last—the copper in the middle of the yard was erected in April, this year—the extractors were put up eight or nine months ago—we began to use them on 4th June—I recollect the dispute about the wall—I had heard complaints before that—several of the neighbours complained, but I told them there could be no cause, because we had not began business—they complained while we were erecting the building—I told them it could not come from our premises, as we were not in business—we began to have bones in in March, 1856—they were dry—we deposited them in the open yard—there could not be any smell from them; they were cooked bones; all animal matter was taken from them—they were street bones and rag shop bones, and beside that we had calcined bones shortly afterwards—it is impossible that there could be any smell from them—the gas refuse came somewhere about May or June, 1856—it is in large heaps—there is never any unpleasant or unwholesome smell from them—if they were moved or stirred, there might be a vapour arise from it, but as it lies there, there is not—we received the fish in the early part of last year; we received it from collectors, in tubs—it was put in pure
sulphuric acid; it was covered over with gypsum, which prevented any smell—the inspector of nuisances came several times there—Dr. Richards afterwards came from the Vestry—there could not be anything that was offensive in the fish after it came on the premises, we protected it so well it could not be offensive—Dr. Challice came at one time—he put his stick into it, and then smelt it—I do not think it could be smelt off the premises, even when it was stirred up; however, the whole of that was removed very shortly afterwards, on a notice being given—we began in May, 1856, to make super phosphate, that is artificial manure—that is made from bones, coprolites and animal charcoal diluted with sulphuric acid—at that time we had not got our mill at work to grind the coprolites—we received them first in a fit state, and mixed it up—a vapour arises in making that—when the air is clear, you may see that vapour at a very short distance, only a few yards—we continued to make that manure from May till the latter end of June, last year—when the mill was erected, we ground our own coprolites—after we had made the super phosphate, we cleared the mill for coprolite grinding—we did not begin to make the super phosphate after that—the first lot of wet bones and flesh bones was brought in about Dec.—the wet bones laid in a heap, the weather being cold, and after that we sawed the ends off, and put them in pickle in the tubs, in sulphuric acid, and that prevented them from smelling—I recollect Dr. Challice coming before we did anything with any of those bones—he saw the bones in the tubs—he took up one, and smelt it, and then another—they began to put the long bones into the copper about the middle of April, shortly after it's erection—other lots of fresh bones did not come in after that—the copper was used five or six times—there might be a faint smell coming from it, but nothing offensive—I think we have boiled about half a ton or 15 cwt. of bones there—there were some of the other bones from the pickle—the object of putting the long bones in was to sell them—the fat is skimmed off, and put into the tubs—in the course of skimming that fat there is the smell of fat, but nothing offensive—those long bones are used for knife handles and tooth brush handles, so that you must not boil them down, but preserve the texture of the bones—we put other bones in merely to boil them, and sell them as bones—those extractors are charged from the top—I have known two of them to be used—we did not begin to use them till 4th June; they have been used four times—so far as I could tell, there was no foul smell emitted from them except by accident—the gelatine comes out at the bottom—it keeps dropping into the tub below—there is no disagreeable smell in that dropping—when that process is gone through, and we have extracted the fat and the gelatine, the bottom is dropped down by a hinge, and the bones tumble out—there is a steam from them, but nothing offensive—that steam does not rise into the air; it extends but a little way, and only lasts a few minutes; it would not go out of the premises—the copper is only a temporary erection; it could be taken away in a few hours—it was set up for a temporary purpose while another was erected—the first building we erected was near the railway—we afterwards began to erect another building near Jennings and Armfield's; we got it to a considerable height, and had to suspend it about the right of way—the fire in the copper was lighted last Saturday, as there was a little fat in the copper, and we wished to sell it—we boiled no more bones—it is a great object to put fresh bones into the copper as soon as we can—the fresher the bones are the better the fat is, and the whiter are the bones—if they are kept, they
would get discoloured, and you could not sell them—Dr. Aldis came in the beginning of April, and Spanton, and Jennings, and Armfield—I was not on the premises when they came in; they sent for me—when I went to Dr. Aldis, he told me there was a nuisance—I told him I would rather he would come when Mr. Burgess was there, and I said to Jennings and the others, "You have no business here"—Dr. Aldis said, "Then you would not like us to go on?"—I said, "Certainly not, I would rather you would come when Mr. Burgess is here"—there have not been any entrails or offal brought there since: there have been glue pieces, which are the only animal matter—I never saw such a thing as bullock's heads with animal matter on them—the horse's legs were in a dry state, such as you have seen to-day—flies would collect anywhere, especially on bones—there could not be any offensive smell from dry bones nor from calcined bones—it is the custom when we receive raw bones, to cut the ends off, and boil them as soon as we can—I never observed any unpleasant smell to go off the premises—I live in Drummond Road—I have never experienced any inconvenience there from the manufactory—I am glad to have my window open—the varnish factories are frequently at work; there is an unpleasant smell from them—I believe they boil oil—it is a nasty, heavy, nauseous smell—when our neighbours have come to complain of our factory, I have told them it was the smell of the varnish—Mrs. Shepherd lives very near this varnish place—there is a great deal of decomposed vegetables there.
Cross-examined by MR. SERJEANT PARRY. Q. Where does Mr. Burgess live? A. At Chelmsford; he does not live on the premises—I do not live on the premises, there is no residence—I have pretty well the management of the business—there may be about 300 tons of gas finings on the premises—this that I have brought here to-day is a fair specimen of it—the dry bones are stacked in the yard—there might be sixty or seventy tons of them; we do not intend to boil them—they were stacked to be sold again—the gas finings come from different gas works—I am not chemist enough to tell you what the gas finings are—all that we have are the same sort—besides the bones we bring in glue pieces—we never made glue—Mr. Burgess styles himself a glue and manure manufacturer, but we have never made glue on those premises—the glue pieces consist of animal matter—we should boil it if we were going to make glue—we have brought fleshy pieces in a great many times, fifteen or twenty tons altogether—we have sold it—we never boiled any of that—the fleshy matter is slips of sheep skins, and noses and ears, and portions of fleshy matter—they have been all limed before they come to us—they have been brought in waggons to our place—they have lain there about three months before they have been sold—twelve or fourteen tons at a time have been heaped up in stacks in the open air—we never boiled any of them, we only boil bones—we began to bring fresh bones in in December, 1856, but we did not begin to boil till April—from December till April we received somewhere about twenty tons of fresh bones, not more—they were placed in a heap in the yard—there had been complaints from the neighbours before April, of bad smells from our premises several times—all those fresh bones have been boiled or steamed since April, part of them in the copper and part in the extractors—we can boil seven or eight cwt. in the copper—we have only had six boilings in the copper and four in the tubes—the tubes may contain about three tons each—the bones remain in the tubes about thirty hours before they are let out—they do not boil night and day—we begin at 6 o'clock and leave off at 6 the next morning, and go on that day and leave off in the middle of the next day—we boiled
three or four times in the copper in May—we had about seventy tons of dry bones in since November—they have been sold by ten or fifteen or twenty tons at a time—I certainly did not tell Dr. Challice that there was an unpleasant smell in removing those bones—the complaints that were made were of the smells, not of putrid bones—we had no putrid bones—we had no horses' legs putrified—there was no such complaint made by Jennings or Armfield—when we boil the bones we place them in tubs or vats in sulphuric acid—when the bones come in they were placed in a heap, and day by day we saw them, and put them in a tub—it takes about a day to saw a tub of bones—the copper is circular, it is about four feet over—I have seen a steam coming from it while the bones are boiling—they take from two hours and a-half to three hours to boil—there might be a little smell from it, but nothing offensive—I have heard the neighbours say here that they have shut their doors and windows—I never heard of it before this trial—there is a pipe in the side of the extractors connected with the steam engine—that engine is heated by a furnace—I heard complaints of our premises last year, even when we were not at work, but we had bones and gas finings there—I have heard all the evidence in this trial—I am positive that there are no noxious or offensive smells coming from my master's premises—I have heard the statements about shutting the doors and windows, it is not true—this very morning Mrs. Jennings had her windows open from half-past 7 till eight o'clock, and other neighbours as well.
MR. MONTAGUE CHAMBERS . Q. Where is the copper? A. In the middle of the yard—the steam boiler is under the steam engine—the glue pieces are pieces of skin cut off the nose and ears, and other parts of the animal—they are what make the glue—there is no smell emitted from them, it is taken away in the process of limeing, and that is done at another manufactory—the large new building near the railway was intended to manufacture glue, but we have never made half a pound—we placed the glue pieces on the top of the new building to be dried—there was no smell from them—they were all limed and sweet—the dry bones are all sold again to a bone-boiler, and he again would sell them to a manure maker—we cut off the joints of the wet bones and put them in the tubs of sulphuric acid shortly after we receive them—it is to the interest of Mr. Burgess to do so—they laid there a short time, but never to create a fool smell—Dr. Challice came in April and saw the glue pieces and other things—he never made a complaint to me about the glue pieces and other matter which he had seen before.
GEORGE ODLING ., M. D. I am professor of chemistry at Guy's Hospital. I have recently given my attention to the subject of nuisances for some considerable time past—I have been employed by the Home Office in reference to bone boiling and other nuisances—I went to Mr. Burgess's premises with Mr. Wagstaff, on 3rd June and 3rd July—it differs altogether in it's nature from what is ordinarily called a bone boiling establishment—I have seen a great number of them—the bones are chiefly collected from rag shops and boiled in open coppers—there are large accumulations of these bones, after they have been boiled with the gelatine contained in them, they are allowed to decompose—they continue there a long time while this process is going on—in bone boilers there are exhalations which cause uneasiness—I looked at the copper on the furnace in the yard; it was in the open yard; it was not at work; but I have seen the process frequently elsewhere—it is boiling the long bones—it is a very great object to put in the bones as fresh as possible—assuming them to be placed in tube, diluting them with sulphuric acid
keeps them in a fresh state for a considerable time—the effect of boiling the long bones is not injurious, noxious, or unpleasant—when you are near the boiler, there is a smell which I should compare to the smell of cooking—if carried on as stated by the last few witnesses, it could not produce an injurious or unpleasant odour—the long bones are the only ones that would pay the manufacturer—I noticed the four extractors, they are to extract the gelatine and fat; the bones are let out of the bottom—there is an accumuation of fat which is let out into tubs—that is a very excellent process—open air boilers were formerly used—if these extractors are worked properly, there cannot be any escape from them, and then there would be no smell—I saw one at work, no smell came from it—I found on the premises about a ton and a half of bones, and also bone black, that is, bones when they have been burnt, what is called animal charcoal; and there was also about three tons of calcined white bones—that was on 3rd July; I found the same kind of thing there on June 3rd—there would not and could not be any smell from calcined bones—if you hold dry bones up to your nose you can smell them, but not in passing—I saw about twenty bones that had been in the earth—all the animal matter had been taken away, there was no unpleasant smell from them—I found very few ordinary rag shop bones—there were four or five tons of bones from which the animal matter had been removed in the extractors—they were in a good condition, dry—I saw some long bones that had been through the copper, they are used for knife and tooth brush handles—there were some dry glue pieces, and some pieces drying on the ground—they would emit an unpleasant smell if you held them to your nose, but not when walking on the premises—I walked among them—I found no animal matter but what I have spoken of; no entrails, or anything that could be called offensive to persons on the premises—the gas refuse was in large heaps—partly under the new shed, and partly in the open air—I examined a portion of it, it was spent oxide of iron—they use that to purify the gas—in doing that they remove certain stinking smells from the gas—there is no unpleasant smell from those heaps as you walk along—I put my stick to them, and could smell them then—I saw some carboys, but did not examine them—I looked at the coprolites—they are used for making the super phosphate—if it is made solely from coprolites, there is very little vapour; but if from bones, especially bones containing animal matter, there is a considerable sour smell—it is a smell which some of the witnesses have described as an acid taste—that might arise from mixing up the materials, if done on a large scale—I do not know that my attention has been called to the manufactories in the neighbourhood—I have been to several japan manufactories where they japan leather; sometimes there is a very suffocating acid smell from those, and sometimes rather a fishy smell, from using train oil or fish oil—fumes of considerable volume might come from that—I do not know that I have ever seen it in the night; I have in the day—I saw that there was a ditch with foul water—I cannot say that it smelt until I got close to it and stirred it with a stick—if steam water were thrown into the ditch, I should not think it would make much smell, independent of the temperature.
Cross-examined by MR. SERJEANT PARRY. Q. Was it at the instance of Mr. Burgess that you visited these premises? A. It was through Mr. Wagstaff—at that time, Mr. Burgess was summoned before the Magistrate—on 3rd June, I was there about an hour, and on 3rd July, about an hour and a half or two hours—I have heard nearly the whole evidence—I did not go to visit Elizabeth Place—I did not make inquiries of any persons
in the neighbourhood—there may be smells coming from the factory that I know nothing of—I do not mean to say that the witnesses must be mistaken about the smells coming from the factory into their houses—I am medical inspector of health to Lambeth parish—I should not like to live very close to this factory; to tell you the truth, I should not like to live anywhere in Bermondsey—I heard Dr. Challice's account of what occurred on 12th May; I should say that that was quite impossible, from the process I saw—there may have been processes going on which I have not seen—if they were mixing a large quantity of sulphuric acid there would, no doubt, be a vapour arise from it—in boiling, not one particle of the acid would be detached, it would still remain in the water in which the bones were boiled—it would not give any odour to the water, it is quite inodorous, it may be capable of giving a smell—a very strong acid would destroy the bones—I did not look at the state in which these bones were, I could not ascertain any smell from the water in which they were—in boiling 7 cwt. or 8 cwt. of bones for two hours and a half in this copper there would be steam emitted, it would have the smell of cooking, which I should not like in my house—I did not see bones boiled on these premises; I have seen bones boiling—when I was there, I saw Mr. Burgess and his foreman—oxide of iron is used as a purifier of gas, it takes away noxious smells from the gas, and converts them into inoffensive compounds—some of it has been produced to-day—I could not smell it at the distance of a yard—I perceived nothing unpleasant on the premises as respects smell of any kind—in sniffing about, I could detect different smells, but it required to have my attention directed to them before I could smell them—I did not perceive any smell from the super phosphate—I walked among the glue pieces—I held them to my nose, and smelt that there was nothing material from that—water poured on the gas heaps would not emit any smell, it would not stir it up; I think heat would not produce any—if wet came on and then heat, it might produce a smell, but it depends entirely on the age of the gas finings—I could not tell how old that 300 tons of gas finings were, but they were in a good condition—I have no doubt if rain came and then the sun shone on them it might increase the effluvia, but not materially; they might emit a little offensive odour—I gave evidence the other day in the Queen's Bench in a case of nuisance arising from the remaking of charcoal; I gave my opinion that it was not a nuisance after the premises had been reconstructed—the Jury said, they could not form any opinion of the case.
MR. MONTAGUE CHAMBERS . Q. Your attention has been called to the symptoms spoken of by the witnesses; do you think there are certain precautions which it would be desirable for Mr. Burgess to adopt? A. Yes; heavy rain, followed by heat, might produce some effluvia or exhalation—I think it would not be injurious to health, or affect the comfort in going about—in going over gas refuse which had been removed more than a week, I did not experience any offensive odour from it—when it first comes from the extractors it is rather offensive, but it undergoes a chemical purification and is then exposed to the air—when I was in the yard, I passed over the gas finings and found no inconvenience, it leaves them in seven or eight days—the bones do not remain on the premises; I believe they are carted away as soon as possible, as a general rule.
EDWARD PRESTON . I erected a furnace and a copper on these premises, on 1st April, in the present year—that was the only one on the premises—I was on the premises seventeen months from first to last—the size of this
copper was about 4 feet 6 in. across, and about 3 feet 6 in. or 3 feet 9 in. deep—while I was on the premises I did not notice any unpleasant stench—my men and I did not feel any nuisance from it—I had five, six, seven, or eight men at different times—while I was there, there were some dry bones—there were no putrid bones that I saw—I saw very little flesh on them—I did not notice any stench at all—it never injured me nor any of my men—we had to put the wall up two or three times—the neighbours came and knocked it down twice, and we built it up a third time—I noticed a stench from the varnish factory when they were boiling varnish, which took place three or four times a-week—it set me coughing—it was not a pleasant smell—I did not notice any smell from the arches—Armfield did not say anything to me about where the smell came from—I never noticed any quantity of vapour coming from any part of the premises—there was no sulphuric acid used in my presence—there was a lot of gas finings there—we dug through them—there was no stench from them.
Cross-examined by MR. SERJEANT PARRY. Q. Did you find no smell? A. No; not any noxious smell—it did not make my eyes water—I never smelt anything in Mr. Burgess's yard, to annoy me—there was no smell on the premises, agreeable or otherwise, which attracted my attention.
ROBERT JOHN O'BRIEN . I have been inspector of nuisances to the parish of Bermondsey for seven years. I hold that office under the Vestry—it is my duty to examine the different manufactories in Bermondsey, and report to the Vestry when complaints are made—we do not act unless complaints are made against manufactories—I know of a complaint being made in May, 1856, by Mr. Sheppard—I had visited the factory before—the first visit was on 19th Feb., 1856—there was a complaint made, and I visited immediately—I then found twenty-five hogsheads of fish offal—I examined them and found only a faint smell—the offal in the casks was in vitriol—I did not find anything calculated to produce a nuisance on the premises, except the fish offal; and that, in the state in which it was, was not a nuisance—there was no smell of a very serious character on the premises—I did not see a large quantity of bones—the next time I went was on 3rd March—there were then forty hogsheads of fish offal—they were not calculated to produce any ill effect—they were in a preserved state—they could not produce any injury, or serious inconvenience—I could not smell them outside the premises, nor on the premises, only I went there for the express purpose of finding fish offal—I did not notice any other matter on the premises at that time—the next time I went was with Dr. Richmond, on 7th March—I found the place in the same state—there was the fish offal—there was no inconvenience from it—I went again on 9th May, 1856—that was in consequence of a complaint made by Mr. Sheppard, I believe—I accompanied Dr. Challice there on 9th May—the fish offal smelt more offensive then than on the former occasion—I stood where I was—Dr. Challice went to the windward to catch the smell—before I went on the premises, I did not find any smell; I did not notice the smell on the premises till we came to the casks of fish offal, and they did smell then—I did not smell the effect of the vitriol on the bones, off the premises, but as the men mixed it, I did smell it—it was an irritating smell—I believe Dr. Challice smelt it more than I did; and he, being a medical officer, I left it to him to describe it—I had seen vitriol poured on calcined bones before, that was more offensive than this, but I am quite clear that when outside I did not perceive it—after the report made by Dr. Challice, I received a notice to examine the fish offal, and on the morning of the hearing of the summons, I went and found all the
fish offal was gone—there was no complaint made on the subject of mixing at that time—I do not go to the premises without I hear a complaint—all complaints are brought to my attention—from that time to the end of the year, there were no complaints to the Vestry of Mr. Burgess's factory—I did not visit the premises this year till the order was given—that was on 30th April—I did not give notice to Mr. Burgess of my intention to visit him—I did not know it till the morning that Dr. Challice said to me, "Go for a cab, and we will go to Burgess"—on entering the premises, I did not notice any stench—I found the gates open and walked in—there was an iron boiler there—there was a large accumulation of dry bones, which were not offensive—there was nothing from them that would be injurious or seriously unpleasant—there was a large heap of gas finings, but we took no notice of them—we were near them—I did not notice any effluvia from them—there were some wet bones—there was a moisture about the bones—Dr. Challice took one piece—he asked the foreman's consent—he first gave his consent, and then he said he would not wish it to be taken away without Mr. Burgess was there—there was some matter on the joint of the piece that was taken up, but with respect to the mass, it was not in a putrid state—there was no such smell as arises from putrefaction arising from that mass—there was no smell that could be smelt several yards outside the premises—there was nothing that would justify Dr. Challice in making any complaint to the Vestry—the premises appeared to be properly kept, and care taken of them; they were then unfinished—they were drying some glue pieces, that did not produce an offensive odour—glue pieces are carted about Bermondsey every day—I was on the premises half an hour on that occasion—I visited the premises again on 7th May—I went to the factory, and found a faint smell—it was, I think, from the wet bones—I found that on going through the premises, not outside—that could not have extended outside, and been strong enough to annoy the neighbourhood—I went again on 4th June—Dr. Challice informed me that I was to accompany him to the Hibernia Chambers, and there we met Dr. Aldis—we came in a cab to Mr. Burgess's premises—on that occasion I saw, for the first time, that the digesters were at work, and outside the premises I found a fatty smell—immediately afterwards we joined the witness down at Jennings's warehouse, and I found another smell—I said that that was not from Mr. Burgess's premises, it was decidedly a varnish smell—the smell only came from the digesters on the premises—I cannot say whether that would be injurious to the health—it would not materially inconvenience me, only a fatty smell, such as might be found from any one boiling trotters, or from boiling a leg of meat—I cannot say that I discovered anything of putridity about it—I have passed the premises very frequently within the last two months—I have not discovered any external nuisance, only on 4th June, and that was the fatty smell which, I suppose, came from the digesters—I should say it was a smell from boiling bones—I never smelt any smell on the railway—there are unpleasant smells coming from other factories in the neighbourhood.
Cross-examined by MR. SERJEANT PARRY. Q. How many times altogether have you visited the premises of Mr. Burgess? A. I should think perhaps twenty times—I have not always visited them on complaints being made of offensive smells—complaints have been made in 1856 about the fish offal—there were several deputations to the Vestry before the Vestry took any proceedings—Mrs. Sheppard complained to me that she got up at two o'clock in the morning and vomited blood—I said that she had better complain to her medical man—she may have complained to me twice—there
may have been twenty complaints made—I told them that I had been on the premises, and never found anything offensive—I gave my address and told them to complain to the Board—the fatty smell was not disagreeable—I smelt that as I passed through the premises—my impression was that it came from those wet bones, and the bone that was taken up by Dr. Challice had a little matter oozing from the joint—I cannot say whether it was healthy matter—it appeared to be the jelly which is between the joints of bones—there was a smell from that heap—I did not like it—Dr. Challice warned Jones that if the bones were kept till the hot weather they would become a decided nuisance—there was a complaint of the stench arising from this heap—this fatty smell on 4th June was from the tubs—I found it outside the premises—it was certainly a fatty smell—I do not know that there was anything particularly disagreeable in it—I should not object to smell it all day, or to it's coming into my dining room, or bed room—it was a cooking smell, like cooking fresh meat—I do not like strong smells—if the fatty smell that I smelt that day were to fill the whole house, I do not think the inhabitants would be inconvenienced—I have been inspector seven years—I know Mr. Jones the foreman—I never visited at his house, nor he at mine, no more than speaking together as we passed.
MR. SERJEANT BALLANTINE. Q. Do you know anything of Mr. Burgess, or Jones, beyond this matter? A. No; there have been no complaints made of me—I am still in the service of the Vestry—Dr. Challice certified to the Vestry that we visited the premises—there were several complaints made after the visits of Dr. Challice and Dr. Aldis—it is only during the present year that complaints were made to me—Mrs. Sheppard told me that she had spit blood, which she attributed to the fish—I said there was no fish on the premises.
DR. ROBERT KEWSLAM RICHMOND . I am medical officer of Landside district of the parish—I was acting medical officer when the examination of these premises took place—I went there on 11th March, 1856, but found no gas finings, and nothing injurious to health—I went again that morning, and found about 300 tons of gas finings under the shed—I smelt nothing—I turned them up and smelt them, and there was then a slight smell of gas—there was not a very large heap of dry bones—there was nothing offensive in them even if you put them close to your nose—I have to pass that neighbourhood both day and night to detect nuisances—complaints have been made from that neighbourhood within the last twelve months—I have had opportunities of observing the premises, and there have not been any offensive effluvia from them at any time; nothing injurious to the neighbours—there might be something injurious from bones with flesh on them, but I did not observe any flesh—they might be injurious in a confined place, but not in the open air like this—steam coming from this copper would not extend to any distance, and if the bones were fresh it would not be injurious at all.
Cross-examined by MR. SERJEANT PARRY. Q. Where do you live? A. In Bermondsey Square, about a mile from Mr. Burgess's—I do not know that I should object to having such a factory as his under my nose, living so long among so many bad smells—if the gas finings were removed from the district the unpleasant odour might cease, but the smell from them does not last long—they are brought there from the gas works, and then taken away and sold again—the removal would cause about as much unpleasant odour as passing by a gas factory—heat would not effect it, as there is a crust formed over it, and on the sides—rain would not wash that off—if a shower
came on, and the sun after that, I do not think it would effect the surface unless it was very heavy indeed—if it disturbed the surface I think there might be something unpleasant.
MR. SERJEANT BALLANTINE. Q. You spoke of other smells; are they better or worse? A. Very much worse—I do not believe there has been any increase of illness in this neighbourhood.
DANIEL TAYLOR . I live at No. 9, Drummond Road, adjoining these premises—I have found nothing offensive or disagreeable coming from them—I am there every day in my garden, which thrives very well indeed—I remember Dr. Challice and the others being on the premises—I was in the road, and he beckoned to me, and said something to me about the premises—that was about the middle of May.
Cross-examined by MR. SERJEANT PARRY. Q. Have you ever smelt anything? A. Not of any consequence—I never smelt anything disagreeable, on my oath—I did not tell Jennings that if they did not remove it I would make them; he spoke to me about it, and I told him I had nothing to do with their complaints, they must go to the right authorities—there was nothing to dislike—I am the ground landlord; I get 50l. a year from Mr. Burgess for the ground.
MR. MONTAGUE CHAMBERS . Q. Suppose you let this large plot of ground on building leases, should you get 50l. a year? A. Yes—Jennings did not tell me what had passed between him and Burgess about a leather shed; he wanted to sell it.
THOMAS HART . I am a stationer, of the canal bridge, near the Old Kent Road, half or three quarters of a mile from these premises—I belong to the Vestry and to the Sanatory Committee—I have gone over these premises three or four times between 25th April and 4th May—they were grinding coprolites—this mill was working, and the steam engine—the last time I was there the digestor was working—I did not experience any knd of inconvenience or annoyance; and having some notion of going into the business myself, I made many inquiries, and made every observation—the large gas heaps were there; I did not put the refuse to my nose, but I walked over it, and did not smell it—I am connected with the South Metropolitan Gas Works, and that is how I know the refuse—there were bones there, both dry and wet, the dry bones in the yard, and the wet bones in vats or tubs, and some were lying on the ground, and appeared fresh as if from the butcher's—there was no smell emitted from any of them—I noticed no smell from the extractors—on my first or second visit I did notice something from the extractors; it was like the steam from boiling ham or bacon—as I approached the premises, I did not discover by any smell that anything was going on—I produce this bouquet and bough of a pear-tree, growing about four yards inside Mr. Burgess's premises, to show that vegetation is not injured—these flowers are all from within the premises, and the vegetation all round is looking very well; I perceived no smell—I have travelled on the railway half a dozen times in the year, and smelt nothing from Mr. Burgess's premises.
Cross-examined by MR. SERJEANT PARRY. Q. Does everything wear the aspect of beauty and pleasantness in this place? A. Yes—these pears were actually on the premises; they were on the tree this morning—if I went into the business I should have bones and gas refuse, but I do not think I shall now—I am not personally acquainted with Mr. Burgess—I should not like to live next door to a cook's shop—I think I saw a little vapour arising from the extractor, like boiling a small ham.
MR. MONTAGUE CHAMBERS . Q. Having had thoughts of going into the line, was it a great desire of yours to ascertain whether it would be a nuisance? A. Yes; I went for that purpose—I questioned Mr. Jones about the glue pieces; there is no disagreeable smell from them; the lime prevents it—I am sanatory officer for the districts of Camberwell and Bermondsey, which are united for sanatory purposes.
COURT. Q. At what time were you there? A. The first time was about 11 o'clock in the morning, and the second about 4 o'clock in the afternoon—I cannot tell what sort of days these were.
WILLIAM KNIGHT . I am a publican in Blue Anchor Road, about 100 yards from Mr. Burgess's premises—I have been there two years—I do not find any inconvenience or annoyance from them—there is nothing offensive to me from those premises or any others—the manufactories under the railway arches do not annoy or inconvenience me—there was a petition got up to the Vestry about this; they came round to my house and to others, but I refused to have anything to do with it.
Cross-examined by MR. SERJEANT PARRY. Q. You never smelt any offensive smells? A. Not at all; I smelt no more there than I should three or four miles off—I have heard people here complain of smells, but not before—Banister was one of those who came round—I never heard my wife complain, or any of my customers.
HENRY HILLS . I am a baker and corn chandler at Rotherhithe—before Mr. Burgess came to these premises, I built three houses about ten yards from the factory gates; they are called Elizabeth Cottages—two of them are occupied, and the other one is let and will be occupied—for the last six months I have been up and down there two or three times a week to go to the houses—I go to Jennings's factory; he is a tenant of mine—when I have been outside the premises I have not observed anything offensive or noxious—I have been there as much as four times a week; I have been there in the middle of the night and in the daytime often—when I have been on Jennings's premises I have smelt a smell there—that came from dressing leather; Jennings dresses leather, or japans it, or does something in the leather dressing line—I never observed anything disagreeable coming from Mr. Burgess's premises, and I have been there thirty or forty times before the gates were up, and twice since—Banister did not ask me to sign the petition; he asked me last Monday to come up as a witness.
Cross-examined by MR. SERJEANT PARRY. Q. You have been through Mr. Burgess's premises to go to Jennings's? A. Yes; it was the nearest way before the gates were put up—I have never suffered any inconvenience or ever vomited—I have felt a fatty smell, such a smell that I often wished to have a basin of the liquor in which the bones were boiled—the bones I have seen in the yard were fresh from the butchers—I should not like a basin from the extractors, I should from the coppers—I have wished it many a time, I swear that on my solemn oath—Benjamin Ward lives in one of my houses, but no other person employed by Mr. Burgess.
MR. MONTAGUE CHAMBERS . Q. From the freshness of the bones you have seen, was it your impression that there could be nothing unwholesome? A. Yes, and from the smell—I have no kind of interest in these premises; if it was a nuisance, it would be against my interest as regards letting my houses—the person who is coming into my house next week only lives about four doors off, just through the railway arch.
COURT. Q. Have you seen the copper at work? A. Not at work—I have seen it afterwards, while it was warm—I have not been on the premises
for the last three weeks—I noticed the bones about a month or six weeks ago; they were quite fresh—some were dry bones; the raw bones were quite fresh.
MARY COOK . I live at No. 4, Perseverance Court—I am married, and live with my husband—I have eight children and two grandchildren; they are all well—I have been living there about four years—I have never been annoyed by any smell, or anything coming from Mr. Burgess's premises—I have not noticed any smell coming from the railway arches—there has been a complaint of the japan manufactories, but I have taken no notice of anything of the kind; I have not been inconvenienced at all.
Cross-examined by MR. SERJEANT PARRY. Q. Is the railway between your house and Mr. Burgess's? A. Yes—I never coughed when I have been under the railway arch; I never said it was a place not fit to live in.
EMILY ATKINSON . I live at No. 5, Perseverance Court—I have five children; the eldest is nineteen and the youngest four—I recollect Mr. Burgess coming to these premises; since he has been there I have not suffered at all, or found any disagreeable or unhealthy smells—my family has never suffered at all—I keep my doors and windows open, when it is convenient, from morning to night—I am fond of air—I never had to shut them, and keep my children in on account of the smells.
Cross-examined by MR. SERJEANT PARRY. Q. The railway is between you and Mr. Burgess? A. Yes—I get nothing for coming here; I was merely summoned as a witness—I never smelt anything unpleasant—I have been on the premises; when I have passed through I have not been at all inconvenienced.
ELIZA POTTER . I live at No. 4, Elizabeth Place—I am one of Spanton's tenants—I have been in the house six months—I have not smelt any unhealthy or unpleasant smells coming from Mr. Burgess's factory—I have four young children; they have never suffered—we have all been in perfect health since we have been there—I have never been obliged to shut my doors and windows; I have opened them to let in fresh air—I have heard the neighbours complain of a fatty smell, but I never smelt anything unpleasant; the complaints have been since the dispute about the right of way; there was no disagreeable smell from the factory at the time they were complaining—I am not very quick at smelling—my neighbours have children—they are all as well and hearty as mine.
JOHN GENTLEMAN . I have lived at No. 4, Drummond Road, thirteen or fourteen months. I go night and morning near Mr. Burgess's premises; my usual hour is about 8 o'clock in the morning, I return in the evening from 6 till 9—I have not experienced any unhealthy or unpleasant smell from his premises.
Cross-examined by MR. SERJEANT PARRY. Q. Has your wife complained? A. Not to me—if she has said she was forced to shut the windows, she, not having knowledge of the way the wind blows, might imagine the smell came from Mr. Burgess's premises—I never smelt any fatty smell from the factory, or from the gas, or stinking bones—my wife has never complained to me about bones—if she has seen a lot of bones in a cart she has imagined she smelt them, but it was all her imagination—she imagines she is going to be ill—there is a varnish factory about there—it depends on the state of the wind; if you pass on one side you would smell nothing, but go on the other side you would.
MR. MONTAGUE CHAMBERS . Q. What did your wife complain of? A. Of the bones going by—she said, "See what a lot of rubbish they are carrying by" she has not complained ever since I have been there; about six or eight weeks ago, since this canvassing party has been about—she told me she had been canvassed by the people—I have no connection with Mr. Burgess.
RHODA WRIGHT . I live at No. 1, Perseverance Place, just under the railway arch; I have lived there three years. I lived there before Mr. Burgess took the land, or built the place—I have not experienced any kind of inconvenience or annoyance from Mr. Burgess's premises—I have never been obliged to shut my windows or doors—I generally have them open from morning till night—I never smelt anything disagreeable.
COURT. Q. Not from any of the arches? A. No, never any—I never was better in my life than since I have been there.
MARY WELCH . I have lived very nearly five years in Perseverance Court, before Mr. Burgess came, and since. I have not experienced any inconvenience or annoyance from the smell since he came there—I have eight children; they never suffered or complained to me—I have never been obliged to shut my doors or windows.
Cross-examined by MR. SERJEANT PARRY. Q. What have you smelt as you were going under the arches? A. There are smells, but they do not come from Mr. Burgess's—the railway is built on arches—it is between me and Mr. Burgess's—persons going along the railway look over the roof of my house—some of the arches are walled in.
MR. MONTAGUE CHAMBERS . Q. Is there an open arch in Perseverance Row? A. Yes—I have never found any smell come through that, and I and my children have walked under the arch towards Mr. Burgess's—there are smells from other places—they are something in the leather line.
MARY TAPPING . I live at No. 2, Perseverance Place. The arches are at the back of our garden—I have occupied that house from very soon after Christmas—I have never experienced any inconvenience or annoyance from Mr. Burgess's; I never noticed anything—I have never been obliged to close my door—I am often obliged to open it when it is a warm day—my lodgers have never complained, they say they were never better in their lives—when I have walked out near Mr. Burgess's, I have never experienced anything unpleasant—I have enjoyed very good health.
COURT. Q. Under the arches did you ever notice anything unpleasant? A. No.
EMILY FLYNN . I have lived in Perseverance Place twelve months. I have no children but this baby in my arms—I live near the open railway arch—I never experienced any inconvenience or annoyance from Mr. Burgess's factory since I have been there—I have never been obliged to shut my doors or windows to keep out disagreeable smells—this baby is three months old, it has never been ill—I never had such good health as since I have been there.
Cross-examined by MR. SERJEANT PARRY. Q. I suppose you have been married about twelve months? A. Twelve months the 4th of last month.
THOMAS KAIN . I live in Somerset Place, about 100 yards from Mr. Burgess's factory, and am a labourer—I have never experienced any inconvenience or annoyance from Mr. Burgess's factory—I have been in the road by night as well as by day—I have smelt the varnish when I was on Mr. Pettitt's warehouse—I have smelt it by night as well as by day—it was a very bad smell—Mr. Pettitt was with me, and he went down to the gentleman
who occupies the railway arch—I stopped in his premises till he came back—I am sure that smell came from the arches.
Cross-examined by MR. SERJEANT PARRY. Q. Have you ever worked for Mr. Burgess? A. Yes, I have worked for him a couple of days.
MARY ANN LAMPAN . I live at No. 2, Drummond Row—I have eight children, two of them are at home—since Mr. Burgess has been there, I have never experienced anything disagreeable, annoying, or injurious from his factory—I have never been obliged to close my doors and windows—my family has been pretty well and not affected by sickness or nausea.
Cross-examined by MR. SERJEANT PARRY. Q. Who is your landlord? A. Mrs. Stewart—I live on the same side of the railway as Mr. Burgess's factory—I have heard my neighbours complain—I never heard of any of them being sick—they have complained of nasty smells, not from Mr. Burgess's, but that there have been smells—the neighbourhood is a nice, pleasant, agreeable place—I had a son brought up in the Orphan Working School; he was ill and was sent to me for change of air—he returned to the school healthy and well—when I have gone through the arches I have smelt something.
MARY ANN HAWLEY . I have lived at No. 1, Perseverance Court, close to the railway arch for two years—I have never experienced any inconvenience or annoyance from Mr. Burgess's—if there had been any smell I think it would have come through the arch—I have gone through the arch and have not smelt anything offensive—I am out at all times, and have my windows and doors open; I never had occasion to close them.
Cross-examined by MR. SERJEANT PARRY. Q. Is the railway between you and Mr. Burgess's? A. Yes; it is higher than my house—I have found it a very pleasant agreeable place—I have not heard my neighbours complain since I have been there—they do not give me anything for coming here—they came and asked me to come up.
ELIZABETH ASHELFORD . I have lived at No. 2, Drummond Row, five months, and a year and a half in Albert Place—I have not experienced any inconvenience or annoyance from smells from Mr. Burgess's—I have not been obliged to close my windows—they are open nearly all night—three or four times in the day I go into the Blue Anchor Road—I have never experienced any inconvenience or annoyance in going near the factory—I have two daughters, sixteen and eighteen years old—they enjoy very good health indeed.
HARRIET SMITH . I have lived five months in the same house with the last witness—I have not experienced any inconvenience or annoyance from Mr. Burgess's factory—I have no children but this baby in my arms—it has never suffered—I have walked about the road once or twice a week.
ELEANOR GROVES . I have lived thirteen months at No. 4, Drummond Row—I have a son, a daughter, and two grandchildren with me—I have never experienced any annoyance from smells from Mr. Burgess's—I have never been obliged to shut my doors or windows—my family have never suffered at any time from smells from there—I have a daughter in a consumptive state, and she is better now than she has been for the last two years—I have walked close to the factory from time to time, and have never felt any disagreeable or annoying smells.
Burgess's place; I have never experienced any annoyance or any unpleasant smells from Mr. Burgess's—I walk near the factory every hour in the day—I cannot stop still—I have got the rheumatics—I have smelt unpleasant smells from the arches very often before Mr. Burgess came—they are making some varnish, which is a very nasty smell.
Cross-examined by MR. SERJEANT PARRY. Q. Did you ever hear anybody else complain? A. Never—I have never seen any vapour come from there—I have never seen them boiling bones, nor steaming bones, nor never smelt anything uncomfortable—I had more smells before Mr. Burgess came than I have had since.
MR. MONTAGUE CHAMBERS . Q. Is there a steam engine at Mr. Burgess's? A. Yes—I have seen the smoke coming out of the chimney into the rope ground—Mr. Burgess's factory has not at all affected the atmosphere.
MICHAEL SULLIVAN . I have lived upwards of nine months in Blue Anchor lane, about 300 yards from Mr. Burgess's—I have never experienced any inconvenience in my house—I have gone close to the factory at different times by night as well as day, and have never smelt any unpleasant smells.
Cross-examined by MR. SERJEANT PARRY. Q. Do you work for Mr. Burgess? A. I worked there some time ago—there are bad smells about the place, but not from there—I never smelt any putrid bones, or saw any—I have seen the copper boiling; a small smoke comes from it, but it is not steam—you could see it if you got close against the boiler, but not otherwise.
MR. MONTAGUE CHAMBERS . Q. How long did you work at Mr. Burgess's? A. Perhaps about two months, off and on, not constantly—I had an opportunity of seeing the heap of gas finings; it was no disagreeable smell—I have seen the copper used, and did not smell any disagreeable or annoying smell; nor from the extractors—it is impossible from the extractors—I knew a manure place, and sometimes there has been disagreeable smells—I have walked by it, but it is closed up now—there are some smells from the arches.
JOHN WRIGHT . I have lived at No. 1, Perseverance Place, in Blue Anchor Road, three years—I have never experienced any inconvenience from Mr. Burgess's factory since he came there, and I have been at work in it—I walk to and fro every day—I have been out of work three weeks—I worked in it about a fortnight before Christmas, and one week after Christmas; there was nothing disagreeable from the gas heap or from the bones, I helped to unload both of them—I never found any disagreeable smells go beyond the premises.
----HACKETT. I live at No. 2, Albert Place—I am the wife of Mr. Hackett, who has been called—I have never experienced any inconvenience from Mr. Burgess's factory—I have four children—they have never suffered; they do not look like it—I have been near to the factory gates and walked round about there every day, and my children go out and play about there, and they have never smelt it.
Cross-examined by MR. SERJEANT PARRY. Q. If you had smelt any bad smells, would you tell it? A. I would not tell a story before you, not God either.
DR. WAGSTAFFE. I am a member of the College of Surgeons, and a general practitioner—I have given my attention very considerably to what are called sanatory matters, and have been examined by members of the Government—on 22nd May I visited Mr. Burgess's premises, and I had been there several times previously in this year and last—the object of my going
was to see the premises and the mode of operation carried on—it was principally curiosity, and I was taken also by Mr. Burgess—one part of his business is making manure from coprolites and other materials—I saw the process of grinding the coprolites and making the manure—I saw that both on former occasions and on 22nd of May—in the coprolite process there is dust, but no disagreeable smell—in mixing it so as to make manure there is very little that is unpleasant or disagreeable; if there is, it is a slight acidulous odour, but nothing noxious—my attention was directed to the heap of gas refuse—there was not any unpleasant or noxious smell emitted from that; not even when close to it in the yard—I took a shovel full up to smell it—when put close to the nose it was an unpleasant smell, but not injurious—it was necessary to have it placed close to the nose in order to ascertain that—I saw the heap of dry bones—there was not, and there could not be any unpleasant smell from them—I saw the calcined bones—there was no smell at all from them—I saw a few wet bones; I saw some in the vats and a few loose—they were quite fresh—I had seen bones previous to 22nd May—I never noticed any bones so putrid as to give a disagreeable smell, neither loose nor in the vats—on one side of the premises there is an open ditch, and when the water from the steam engine runs into that, it might make an unpleasant smell, it containing vegetable and animal matter—I walked along that ditch—it appears to take the refuse from a number of houses, and also what comes from factories—as for as I could tell, it extends some distance—I should think it likely to produce a great deal of mischief in the neighbourhood—I went to these premises on 3rd June and 3rd July, and my observations then were similar to those I have mentioned which I have made previously—I think I saw the copper used on one occasion, but I am not quite certain—I saw the digestors used—there was no nasty smell or any smell emitted from them, and there ought to be none if they are properly used—I heard Dr. Aldis examined yesterday, and heard the statement he made—I travel by the railroad two or three times a week—I have noticed smells as I travel along, particularly the last fortnight; they certainly cannot come from Mr. Burgess's—I cannot give an opinion what they do come from, as the train travels quickly.
Cross-examined by MR. SERJEANT PARRY. Q. How came you to come here; did Mr. Burgess call on you? A. Yes, he came to my house to request me to give evidence—I found no smell that I consider objectionable—the smells are merely from the mixing and the steam emitted from the steam engine—no other except when I had the shovel full of oxide of iron—that takes away the stinking part of the gas; it neutralizes it—that stinking part is not let off again from the oxide of iron.
Q. For a week or ten days after the oxide of iron has been used for purifying the gas, does it not emit a most offensive smell? A. It does—that smell may remain as much as a fortnight, but not longer, perhaps not beyond a week—the oxide of iron is used for taking away the stinking part of the gas as much as it can—it is rather a nasty, strong smell—I should not object to live near 300 tons of gas; I would rather live there than in a market gardener's ground—it is not the dung that I object to, but the decomposed vegetable matter—I do not say that I like twenty tons of raw bones, but I have no objection—if they remained there, they would become objectionable, if they were in a raw state, and had animal matter attached to them—the longer the accumulation of raw bones remained, the more strong would be the smell—lying for a week in hot weather, they would become objectionable—I think I saw about half a ton
of raw bones, and about half a ton of wet bones—that was on 22nd May—I never saw twenty tons or wet bones—I think I saw sixty or seventy tons of dry bones—there were about twenty tons in a heap—these produced are the sort called dry bones—I mean to say that twenty tons of these, with the wet coming down on them, and then the sun, would emit no odour—in this long bone there is nothing objectionable or injurious—I could most decidedly hold this to my nose for five or ten minutes without being sick; and if twenty tons of these dry bones were saturated with wet for hours, and then the sun shining on them, I can assure you there would be no smell—in moving dry bones there would be just, but no smell—there is a little smell at the time of moving the gas finings, but only in its own atmosphere—there is a gaseous exhalation immediately in the atmosphere—I was not present when any of the digestors were emptied—there is not so much odour from these digestors when emptied as there would be from a leg of mutton, taking the difference of weight into consideration—I should not like to live in that neighbourhood, on account of the ditches—I should not like to live near any factory if I could help it, but I should have no objection to live near them in regard to it being not at all injurious to health—it would not be agreeable, but there is no emission of any gas from that refuse except it is disturbed, and then only in its immediate part.
MR. MONTAGUE CHAMBERS . Q. Did Mr. Burgess know anything of you, save and except your reputation as being employed as a Government inspector? A. No—I had no interest except to exercise my own judgment—supposing the bones were in a heap, there would be an unpleasant smell, provided there were flesh adhering to them—supposing they simply had the ends sawn off, and were placed in tanks with sulphuric acid, that would prevent any smell being emitted—those I saw were about half a ton—there was no unpleasant smell from them, they were quite fresh—they come from the butchers, and they appeared to have been scraped pretty well before they came away—I did not experience any disagreeable smell from the raw fresh bones in heaps or the bones in the tanks—there were black bones, which came from the sugar refiner's.
COURT. Q. On 3rd June was there much the same quantity of bones as there was in April and May? A. I did not notice any material difference—I did not notice any bones in the sulphuric acid; they might be removed to some other part—these bones produced have been boiled—they put the bones into the sulphuric acid to prevent their being tainted—it would be better for all bones to be placed in the sulphuric acid—these bones had the sulphuric acid, and had been boiled since.
REV.—MARDEN. I live at Ruell House, Blue Anchor Road, about a quarter of a mile from Mr. Burgess's, as the crows fly. I cannot say that I have ever experienced any inconvenience or annoyance from Mr. Burgess's factory—I was not in Court when Dr. Challice gave his evidence—I am not aware that there was any smell at my house—I do not know what he referred to.
JAMES POWELL . I am a manufacturing and analytical chemist, and reside in Drummond Road, Bermondsey, within 300 yards, crow flight, from Burgess's factory, but have never experienced the slightest inconvenience from it in my house—my works are in Cook's market ground, between the margin of the map and this blue line—I manufacture manure—I met with an accident, which led to a very nasty smell, and I think that the smell which is complained of arises from my factory, and not from
Mr. Burgess's—I met with an accident about the time mentioned by Dr. Challice, the latter end of April, and some time in May also—it was from some neglect—it was on lighting the fire in the evening, but I was not there at the time—the foreman will explain it better, but it must have caused great smell, and spread to a considerable distance—I smelt it once about 23rd April, and have received complaints from various neighbours at a long distance off; it would be likely to occasion sickness and a sense of suffocation—I should think it would extend half a mile or more—I have passed by Mr. Burgess's at all hours, and have been frequently in his factory, and inspected it, but no smells have been emitted—I was present at Bannister's when this petition to the Vestry was brought in by Armfield; I refused to sign it, being in the same line of business.
Cross-examined by MR. SERJEANT PARRY. Q. What is it that you make the manure from? A. Bones, and night soil, and other offensive matter, which we take particular pains to deodorize—I can so deodorize night soil that I have given it to an inspector of police as snuff, and he has taken it—I am a practical chemist—I should think any person would, for his own profit, remove or consume such smells, if really exhaled, and I think it can be done—I am aware of the method adopted for consuming smoke, and I think it the most suicidal Act ever invented, I have mentioned that to Lord Palmerston and Sir Benjaman Hall—many of the varnish factories have an apparatus by which the steam and fumes from the linseed oil are entirely consumed.
WILLIAM DELAY . I am a glue piece and hide merchant, and live at Brixton—my business is carried on in Russell Street, and also in Long Lane—I have seen the glue pieces which are frequently on the defendant's premises—they do not make any disagreeable smell in the state in which they are, they are saturated with lime to preserve them—that decidedly prevents the smell—I have called there, on an average, twice a-week on business, for the last six months, but have not experienced any disagreeable smell on approaching the premises, nor when I got in; there is, of course, a smell from the steam engine and from the mixing of manures, there is a little dust, but certainly nothing offensive—I have been within half a dozen yards of the gas heaps, but never smelt anything from them—I have seen a large heap of bones on several occasions, but they were dry ones—I was present once when they were using the copper, there would be a vapour from it, but not at all annoying, and certainly not unhealthy—I have seen the extractors at work, but never experienced anything offensive from them—I know the nature of the process—after the bones are steamed, there will be steam or vapour for a quarter of an hour, but it would be quite confined to the premises and not be offensive; nothing remains but the lime of the bones when the fat is extracted—the notion of their smelling less than a leg of mutton would, is the truth; the smells in our kitchens are certainly not pleasant, but they are not unhealthy—the fat being got rid of, there might be a smell while they were warm, but when they were dry there would be no smell.
Cross-examined by MR. SERJEANT PARRY. Q. How long do they take drying? A. A few hours—I should not like to stand for an hour enveloped in the steam of a cook's shop, or a kitchen, or in steam of any sort—I supply Mr. Burgess with glue pieces, and many others; they are all put into lime
for preservation eight or ten days; a good shower of rain would not wash it off—I never smelt anything annoying on the premises, but a large factory will smell sometimes—I have never found a fatty smell from the steaming or boiling of bones—I was present once at the boiling of bones in the open copper; I smelt the vapour arising, but nothing offensive; I do not dislike it—7 cwt. or 8 cwt. of bones at boiling heat was not unpleasant at all.
MR. MONTAGUE CHAMBERS . Q. Before you send glue pieces from your premises do you saturate them with lime? A. Thoroughly; immediately the hide is taken from a bullock, it is put into lime, and is left there eight or ten days; also, the ears and the gristle of the nose, not the bone.
MARGARET CANNON . I have lived five years in Somerset Place, and have four children. We have never had any annoyance from smells from Mr. Burgess's factory—I never had better health, and I look well now—I pass the factory every day, and there are no smells—there are plenty of smells besides Mr. Burgess's before you come there, but I never smelt anything from Mr. Burgess's.
Cross-examined by MR. SERJEANT PARRY. Q. Did you never smell anything disagreeable? A. Not a smell—I have been right up to the heap of gas finings, and I can find a smell as well as you—I never smelt anything worse than myself—I saw the dry bones there, but they did not smell, I am sure—I saw no wet bones—I worked at Mr. Burgess's a little while, but not long, at the glue factory—I did not take any of the gas finings in my hand—I never heard anybody complain but his enemies, and I saw Mr. Bannister bribing them yesterday—he offered me 5s., and I would not take it—I could not go like that—I saw him go to a woman yesterday down Perseverance Court, to offer her 5s.,—he did not offer 5s. to me, but I understood, I heard him offer a woman 5s., and I saw him knock at the door yesterday—I did not say just now that he offered me 5s.—I did not know who it was he offered it to, but I saw him go and knock at the door, at 8 o'clock, when I was coming to my breakfast from work—if you will come down with me, I will show you the door, but I cannot tell you the number; it is next door to Perseverance Court, the second door—I saw him come in his slippers there, and he said that he would give 5s. to anybody that would not come against Mr. Burgess—I did not swear to you just now that he offered me 5s., and I would not take it; I beg your pardon to differ with you, but I did not.
MR. MONTAGUE CHAMBERS . Q. Did he offer any woman 5s. not to come? A. Yes, but he did not offer it to me—I do not know whether Mr. Bannister is in Court, but if he cannot come and contradict me, I am all right.
GEORGE LEGG . I am surveyor to the Lord of the manor of Bermondsey, and to the turnpike trusts. There are many large manufacturing premises as you approach Mr. Burgess's, going along the railway—I do not know of any special premises before you come to Burgess's along the railway that would emit any disagreeable and unpleasant smell, but I have experienced unpleasant smells two or three months ago—there are some japan places, and manure places, going along the railway, and there are open ditches in the immediate vicinity of this factory; they are made use of as sewers, and I believe they are shown in the ordinance plan as sewers—the railway arches are used for several purposes of a very objectionable character—I have been round and through Burgess's factory a few times, and have not found anything objectionable—I am frequently in that neighbourhood, in consequence of the intended new street, to see that there are toll gates put there, to prevent an evasion of toll; and these houses on the ground marked
"Fuller" have been recently erected and let, and the land on the other side is proposed to be let for building purposes—there are open arches on the railway, and any smell from Burgess's factory would come through the arches—if there had been any smells from Burgess's of an unpleasant nature, I think I should have discovered them—a nuisance would affect the rents materially in letting—I have been in the habit of going there from Oct. and Nov. last up to the present time—Bryan and Parker's used to be occupied by Mr. Burgess, and is now used for bone boiling—I have never found any unpleasant smell when it is at work—I have been inside it within a year, and did not smell anything—the boiling takes place in open iron pans, one or two feet in diameter.
Cross-examined by MR. SERJEANT PARRY. Q. Just look at the pencil mark on this plan, and tell me if that is a representation of the arches of the railway? A. That would be the elevation of the side of the arches, except that the dwarf wall is made considerably higher than it ought to be—it should be one fourth—it is from four to five feet high, and the arch is nineteen or twenty feet high—the dwarf wall runs right along the rail—as you go into the arch, there is a regular footpath running towards London Bridge—this building is a lean-to shed, under which the extractors are; it is nine or ten feet high—I have not seen a wall round the premises—I have smelt some smells, but I do not consider that they were from Burgess's—I have been on the premises, but not when there were 10 tons of wet bones there.
MR. MONTAGUE CHAMBERS . Q. Was there any perceptible disagreeable smell from the gas finings? A. Not when I was there—this main building is four stories high; the upper portion is used for dressing glue pieces, and the other portion for the condensers—I came down this passage between Jennings's, and Armfield's, and Mr. Burgess's, and walked out the other way—there was no wall to prevent my going in.
MR. SHARPE. Q. Is not there a wall here? A. There is part of a building; it is bounded by the building adjoining, and by the gateway, and is fifteen or sixteen feet high—the building has not been roofed in—I think the first floor is on, and there is a lot of stuff lying there.
GEORGE REDGRAVE . I am a leather dresser, of Blue Anchor Yard, about half a mile from these premises—I have not experienced any inconvenience from them—I have been on and about the premises, but smelt nothing disagreeable—I have been on Shepherd's premises, and have smelt nothing—I was there with Mr. Shepherd last year, and he said that there was a terrible smell—we walked to the fence, or boundary, but I could not smell anything; there is no smell under the railway arches from Mr. Burgess's, but from the varnish manufactories there is a very nasty smell affecting the breath and respiration—I am a member of the Vestry; when a complaint is made by any of the inhabitants, it is our usual practice to refer it to the medical officer, Dr. Challice; he has made a report, at least, twice—in consequence of the inhabitants making complaints, I went down, at various times, to visit the premises, but could not discover any annoyance or smells.
Cross-examined by MR. SERJEANT PARRY. Q. Was there a vote by the Vestry about this prosecution? A. I believe so, but I abstained from voting—the matter was brought before the Vestry at the request of the inhabitants of that particular neighbourhood—I went to the premises on three occasions during the intervals that the complaints were made—I did not go at night—I have visited the houses in Elizabeth Place, but never found that the inhabitants had shut their doors or windows against the
smell—I have heard them say, during the trial, that they did—I have never seen the bones boiling, or the digestors at work—I do not live near the premises.
COURT. Q. Do you mean that when you were at Sheppard's, he complained of smelling the bones? A. Yes, and I could not smell it coming from anywhere, but that is more than a year ago, and the premises were not finished.
MR. SERJEANT PARRY. called
----BANNISTER. I have never seen Mrs. Cannon—I have never offeredpersons money not to give their evidence against Mr. Burgess.
Cross-examined by MR. MONTAGUE CHAMBERS. Did you happen, yesterday morning, to be in Perseverance Court, or Place? A. No—I have not taken part in this prosecution—I am not one of the persons who applied to the Vestry—I am the freeholder and landlord of the John Bull—I am not the person who makes the manure.
MR. SERJEANT PARRY. Q. Did you offer any body 5s. for giving evidence? A. No, and I never left home yesterday morning till 9 o'clock, and I have witnesses to prove it—my mistress was in bed, and I was not down till 9 o'clock.
NOT GUILTY. on the 1st and 2nd Counts.— GUILTY. on the 3rd Count; and the Jury recommended that the extractors be made perfectly air-tight. — To enter into recognizances to appear and receive judgment if called upon, and not to be called upon if he acts under the advice of Dr. Taylor.
ADJOURNED TO MONDAY., AUGUST. 17TH., 1857.